01/24/2017ANAHEIM CITY COUNCIL REGULAR MEETING
OF JANUARY 24, 2017
The regular meeting of January 24, 2017 was called to order at 3:04 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 January 20, 2017.
PRESENT: Mayor Tait and Council Members: James Vanderbilt, Kris Murray, Denise Barnes,
Jose F. Moreno, Lucille Kring, and Stephen Faessel.
ABSENT: None
STAFF PRESENT: City Manager Paul Emery, Acting City Attorney Kristin Pelletier, and City
Clerk Linda Andal.
WORKSHOP: Permit Parking
Rudy Emami, Public Works Director, explained the permit parking workshop would provide
information on the history of the permit parking program, common complaints, where the program
stands today, how it compared to other cities in the area, an overview of past and present
requirements, enforcement, potential policy changes, and next steps for Council consideration.
Mr. Emami provided an historical background on the permit parking program, as follows: In 1980,
the permit parking program was created in response to spillover parking from the Convention
Center into surrounding neighborhoods. In 2004, the City implemented a moratorium in response
to an oversaturation of permits and counterfeiting concerns. In 2007, a new program was
established with permits limited to three per household and mitigated counterfeit measure by use
of stickers in place of hangtags. In 2010, following a cost analysis of program implementation,
the City reduced the cost of permits from $60 biannually to $30. In 2015, a policy change
required an increased support rate from 2/3 of neighborhood to 75%, with additional changes in
2016 to include a multi -family residential policy, a $500 parking study fee, and a reduction from
two surveys to one.
Mr. Emami stated that common complaints received regarding parking included safety concerns
and multi -family properties as the biggest generators of parking issues. He informed Council that,
to date, over 3,500 permits had been issued; 43 districts were implemented; 17 districts had been
approved by Council and were waiting for street signs and permit purchases to be completed;
and 45 potential districts were in progress, 28 of which had started neighborhood meetings and
surveys and 17 applications had been submitted and were waiting in the queue, with the entire
process taking a little over a year.
Mr. Emami explained permit parking options included 24 hours/7 days per week or no overnight
parking from 12 A.M. to 6 A.M., noting 38 of the current 43 districts had opted for the 24/7 permit
option with the applications in process following similar rates of selection. He reviewed maps
showing where permit parking districts were implemented in conjunction with the population
density in those areas based on the current census. He further stated that the program had
grown steadily since 2009 with a slight drop in 2016, likely attributed to the combining of certain
adjacent districts. Statistically, 16 districts were created in the first 24 years of the program, with
41 districts implemented over the past 10 years.
Mr. Emami displayed a flow chart of the process, whereby residents submit a petition along with
the $500 parking study fee, the city conducts a parking study to prove the need, mailers are sent
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to residents requesting participation in a neighborhood meeting facilitated by city staff, a survey is
mailed with options for consideration and if 75% or more of the properties are in favor, a
resolution is prepared for Council consideration to implement the program in that neighborhood.
In response to questions from Council Members Moreno and Kring, Mr. Emami confirmed it was
75% support rating of total households on the street, not just of surveys returned, with each
property allowed one vote, clarifying that two votes could possibly be received but that a property
owner's vote would trump the resident's vote.
Mr. Emami displayed a map depicting the current permit parking districts and petitions in process.
He reported staff surveyed 39 cities to share ideas, validate the city's program, and look for best
practices and determined three basic parking categories: 65% of cities had a permit parking
program similar to Anaheim's; 25% had a citywide ban on overnight parking via ordinance, such
as Fullerton, with some cities allowing parking permits in certain areas; and only 10% of cities had
no permit parking program.
Jonathan Borrego, Planning Services Manager, reviewed past and present parking requirements,
noting in most cases, parking deficient areas were in proximity to higher density neighborhoods.
He reported a review of multi -family residential (MFR) requirements, showed most parking
shortages could be attributable to nearly half of the city's rental stock being built at a time (1950s -
1970s) when very little parking was required in comparison to today's standards. He continued
that staff rarely received complaints of parking shortages with newer market rate apartments and
condominium developments, and typically only received complaints on such developments when
owners/HOAs started charging residents for the use of parking spaces. As the Zoning Code does
not allow property owners to charge for required parking, Mr. Borrego explained the City was able
to address those complaints through Code Enforcement. The other exception to complaints
regarding recent residential developments were for those built under the State's density bonus
law, which allows for reduced parking in exchange for developing affordable housing units. He
stated that recent rental developments approved under an Affordable Housing Agreement with
the Anaheim Housing Authority did not cause many issues as there were required occupancy
limits that must be followed and helped address parking issues but for -sale, housing
developments under the density bonus law could be developed without guest parking, which
posed challenges for the city.
In response to Council Member Faessel, Mr. Borrego stated the city could encourage the
developers to add additional parking spaces but could not force them to, under the State's density
bonus law. He further stated grounds for denial were strictly limited to those affecting life and
safety.
Council Member Moreno questioned that provision of State law, with Mr. Borrego confirming the
city could not have more restrictive requirements and that parking was the primary incentive
sought by developers due to its cost savings. He added that a recently proposed project on
Lincoln Avenue originally had no guest parking as part of its density bonus law development but
had recently changed and been approved by the Planning Commission as a market -rate project
fully compliant with parking codes.
Sandra Sagert, Community Preservation Manager, explained Code Enforcement took the lead on
permit parking enforcement although the Police Department was able to issue citations as well.
She further explained the city had a dedicated parking enforcement team of three part time code
enforcement officers who responded to parking complaints citywide, including permit parking
violations, blocking alleys, etc. Regarding enforcement of permit parking districts, she explained
there was a 72 -hour grace period from when Public Works installed the signs to allow time for
residents to obtain the required permits prior to any enforcement activity and reported of the total
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parking citations issued citywide in 2016, about 20% related to permit parking violations which
was a slight increase over 17% in 2015. Additionally, she shared Code Enforcement's role in
participating in the parking survey for Public Works, counting parked cars at different hours,
attending community meetings, and answering enforcement questions.
In response to Mayor Pro Tem Vanderbilt, Ms. Sagert clarified that street sweeping citations were
managed by the Public Works Department under contract and parking citations issued by Code
Enforcement could include permit parking and other illegal parking violations such as commercial
vehicles in residential zones, blocking alleys, parking along a red curb, violating 2 -hour limited
parking, and illegal parking by schools. Mayor Pro Tem Vanderbilt questioned the process of
parking during street sweeping days, with Ms. Sagert explaining citations were not issued for "no
lawn parking" ordinance violations on street sweeping days but that alleys could not be blocked
due to emergency vehicle needs. Additionally, she confirmed that while parked vehicles would
need to be moved at least once a week for street sweeping, there was also an ordinance that
prohibited parking on a public street for longer than 72 hours.
Council Member Moreno requested the cost of a parking permit citation, to which Ms. Sagert
responded a citation cost was $72, with $12 collected on behalf of the County and State for their
assessments and $60 to the city's General Fund.
For potential policy changes, Mr. Emami informed Council they could leave the program as it
existed currently and offered three recommendations for their consideration:
1) Offer a single time limitation permit, 6 P.M. — 6 A.M., which staff believed would
address a number of issues including vacant streets during the daytime hours in 24/7
permit districts, allow visitors and service providers to park when providing services
without needing a guest permit, and allow for daytime birthday parties and BBQs on
weekends, while still providing clear parking when workers returned home in the
evening, eliminate strangers parking near homes in the overnight hours, and remove
neighborhood confusion during the selection process;
2) Form districts based on zoning or land use; and/or
3) Allow only one single 2 -week extension for obtaining needed signatures to streamline
the process and timeframe.
Mr. Emami concluded his presentation by highlighting customer service enhancements that had
been implemented such as a new parking vendor, more online and mobile options, and a kiosk in
City Hall to streamline the process for residents.
Council Member Kring expressed concerns about neighborhoods with mixed multi -family and
single-family residences as well as the allocation of only one permit to the multi -family units and
requested each case be considered individually. Mr. Emami responded that such areas often
have different results on the neighborhood survey when considered together as opposed to
separately and available street frontage often affected the capacity of issued permits.
In response to Council Member Faessel, Mr. Emami explained the standard time for obtaining
signatures was four weeks so a two-week extension would make the total time six weeks, while
there currently was no policy regarding how many extensions could be granted which extended
the processing time for a single neighborhood and prohibited others from being considered.
Mayor Pro Tem Vanderbilt expressed concerns with supply and demand and determining the size
of the permit parking districts, noting street frontage could adversely affect certain applicants. Mr.
Emami replied that zoning and land uses were utilized for determining district sizes, not street
frontage.
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Mayor Tait stated the demand was greater than the supply but that street parking belonged to the
public and it was not owned by the individual property owners, even if directly in front of their
house. He believed the purpose of the program was to maintain the integrity of neighborhoods
but it had created a conflict and kept moving problems to other neighborhoods.
Mr. Emami explained the goals of the program were to solve spillover parking issues, empower
residents with tools to restore their neighborhoods, and drive generators to find solutions to
parking problems, but the existing policy was customized to each neighborhood's needs. He
stated the proposed changes would provide a standardized solution, faster implementation, and
clarify district boundary definitions. He further explained the growing problem would put pressure
back on generators to be part of the solution by requiring garages be used as garages, to not
charge for additional on-site parking, and to make provisions for safety and overcrowding.
Council Member Faessel expressed concern with the ability of residents to put pressure on
property owners into making positive changes and suggested a possible study would be to
eliminate permit parking entirely, further stating he would not entirely advocate that change.
Council Member Kring requested review of red -curb areas and suggested not all may be
necessary and could provide additional parking spaces in certain areas. Additionally, she
recommended neighborhoods to come to a compromise and consensus and join together as one
whole parking district to address the parking density in multi -family residential areas.
Mr. Emami confirmed for Council Member Moreno that residents could request guest permits for
events that potentially went past 6:00 P.M., with Council Member Moreno questioning an appeal
process for citations. Ms. Sagert explained there was a multi -step process whereby citations can
be contested online, appealed to a hearing officer, and then filed at court. She further explained
code enforcement worked from complaints and prioritized investigations and citations based on
the type of complaint. Mr. Emami highlighted that the city was limited by State standards as to
how much parking could be required on certain new developments but noted that private street
standards could be reviewed.
Council Member Barnes requested possible painted curb areas for drop-off and loading/unloading
zones at multi -family residential developments and suggested possible incentives that could be
offered by property owners to encourage use of provided parking, garages, etc.
In response to Mayor Tait, Mr. Emami confirmed Fullerton implemented no overnight parking
citywide in the 1920s but did issue some permits to allow overnight parking in certain areas,
primarily near Cal State Fullerton. He continued that the three cities with no permit parking
programs were Garden Grove, Downey, and Westminster.
Council Member Moreno attributed the increased parking issues on a shifting economy and
asked how many citations had been issued and what their revenue was. Ms. Sagert reported
Code Enforcement issued 4,341 tickets in 2016, totaling $365,000 of which $186,000 had been
collected. She explained the discrepancy was attributable to some citations being dismissed and
others written -off as uncollectible debt due to being applied to stolen vehicles or vehicles without
updated registration information.
Mayor Tait noted it was a tough issue that had been discussed for years through the
transportation liaison committee and expressed concern with the amount of new parking permit
districts coming forward, suggesting a moratorium or the new hour suggestions as possible
solutions.
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Council Member Faessel questioned at what point a moratorium could apply, with Mr. Emami
reporting past practice had been to allow any applications in the process to be grandfathered
under existing regulations with any changes pertaining to new applications only.
Council Member Faessel expressed concerns with the 45 current applicants and allowing them to
continue the process they started in good faith, as they deserved an answer to their requests and
concerns.
Council Member Moreno supported continuing with those in the queue and possibly implementing
a moratorium on new applications.
Mayor Pro Tem Vanderbilt asked whether Council had ever denied a permit parking district, and
upon hearing a negative response, asked whether it could become an administrative process.
Mr. Emami explained the districts are approved by resolution with the parking permit program
specific to the particular streets. City Manager Paul Emery stated, if it was the consensus of
Council, staff would research a blanket approval as well as moratorium, and return to Council with
a resolution or follow-up memo.
Council Member Murray expressed her preference in hearing each case individually to allow
residents the opportunity to speak for or against each proposed district.
Council Member Kring requested if a moratorium was considered to use the current date to
eliminate the potential of an influx of applications, to which Acting City Attorney Kristen Pelletier
responded the earliest date a moratorium could be implemented was the date of approval of an
urgency ordinance. In response to Council Member Moreno, Ms. Pelletier agreed to research if
the Public Works Director and/or City Manager had delegated authority to change the process
administratively.
After further discussion about a possible moratorium, Council directed staff to research the legal
issues and different ways of processing the permit parking applications.
WORKSHOP: Boards and Commissions
City Clerk Linda Andal announced this workshop was related to Item No. 22 on the Off -Consent
agenda, during which City Council could further discuss all Council -appointed board and
commissions and direct staff on any future actions they may wish. In response to previous
requests from Council, Ms. Andal reported staff had prepared various policy considerations for
Council discussion and potential action related to boards and commissions related to aligning
such with by -district representation, including the following areas:
• Community Center Authority: Staff recommended dissolving this authority as it had served
its purpose under its Joint Powers Agreement and retired all debt in 2014.
• Restructuring, size of each commission, and method of appointment: Each district council
member could have one direct appointment with the mayor having one at -large
appointment, which could be implemented on those boards and commission which
currently have seven members (Cultural and Heritage, Parks and Recreation, Housing
and Community Development). Consideration may be given to having nine members on
the Housing and Community Development Commission to allow for two at -large, tenant
members per the Health and Safety Code. Membership of the remaining board and
commissions (Budget, Investment and Technology -9 members, Community Services -11
members, Sister City -15 members) could be reduced to seven members. Membership of
the Library Board could only be amended from five to seven members during a general
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election vote of the people as it was created within the Charter. Council could add or
amend duties and responsibilities of any board or commission by ordinance.
Term limits: Term limits could remain the same with staggered year appointments or
Council could change to allow the appointee to hold the same term as the district council
member or mayor that appointed them to serve.
Roles, responsibilities, and qualifications of membership: These could be reviewed and
remain as -is or revised by ordinance, including consideration of consistency (e.g., all
Charter boards require qualified electors of the city while other board and commissions
require residency, community interest, and/or work within Anaheim); each council member
could appoint only residents/voters from their district or leave it open; or require at least
50% of appointments to include residents or voters and the other 50% to remain at -large,
similar to Santa Ana's method.
Mayor Tait explained he asked for the workshop to explore ways to make the boards and
commissions appointments consistent with district elections to allow for broad input from across
the city. For the next two years until all district Council seats were elected, he recommended the
three current at -large members vote to fill the remaining two at -large seats on each board and
commission.
Ms. Andal replied that was possible via guidelines within an ordinance and continued that Council
had the authority under the Municipal Code and Charter to remove board and commission
members at any time. If that was the will of the Council to amend all ordinances regarding board
and commissions, she explained the earliest date for appointments would be April 25, 2017. In
regards to the Charter commissions, Ms. Andal reported Planning, Public Utilities, and Parks and
Recreation currently each had seven members so Council could approve ordinances related to
the method of appointing members, but the Library Board with five members was an exception.
Additionally, she stated, language could be included to have appointments made by the two
district council members following the 2018 election.
Mayor Tait explained that existing commissioners, if interested in continuing to serve, could
reapply and then potentially be selected by the district council member.
Council Member Faessel supported by -district appointments but expressed concern with the
transition process and requested exploration of a phased approach to allow for continuity and to
recognize the efforts and service of the community members who had volunteered on the boards
and commissions.
Council Member Murray shared neither the Charter Review Commission nor the Citizens
Commission on Elections recommended such changes to the boards and commissions,
expressed concerns with setting precedent with a by -district appointment process, and did not
support removing all current board and commission members without warning or cause.
Council Member Kring offered support to Council Member Murray and expressed concerns
particularly with the membership of the Planning Commission and Public Utilities Board needing
citywide perspective and subject knowledge. She agreed with dissolving the Community Center
Authority and perhaps reducing the membership of the Sister City Commission and Community
Services Board, but requested greater consideration for any other potential changes.
Council Member Moreno expressed his view that the same arguments for by -district board and
commission appointments had been used during the district election process and offered support
for the proposed changes to result in more diverse and reflective voices and experiences from
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across the city, particularly noting half the boards and commissions had no representation from
District Nos. 1 and 2.
Mayor Tait concluded the workshop stating this item would be discussed in greater detail during
the meeting.
ADDITIONS\DELETIONS TO CLOSED SESSION: None.
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None.
CLOSED SESSION: At 4:48 P.M., Mayor Tait recessed to closed session for consideration of
the following items:
CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representative: Jason Motsick
Name of Employee Organizations: Anaheim Municipal Employees Association Part -
Time Unit, International Brotherhood of Electrical Workers Local 47 General and Part -
Time Units, Teamsters Local 952, Anaheim Firefighters Association Local 2899, and
Service Employees International Union
2. PUBLIC EMPLOYEE APPOINTMENT
(Section 54957(b)(1) of the California Government Code)
Position: City Attorney
3. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representative: Jason Motsick
Position: City Attorney
At 5:22 P.M., the council session was reconvened.
INVOCATION: Pastor John Austin Helm, Sunkist Community Church
FLAG SALUTE: Council Member Denise Barnes
PRESENTATION: OC Human Relations' annual report and presentation for city support and
partnership
Dr. Chiarina Piazza, Orange County Human Relations Fourth District Commissioner, submitted
copies of the annual report, explained the purpose and mission of the organization, and
highlighted countywide and Anaheim -specific programs including court mediations, the BRIDGES
Safe and Respectful Schools Program, leadership development training for Spanish-speaking
parents, and the 25+ year partnership between OC Human Relations and the Anaheim Police
Department. She presented the Mayor with a certificate honoring the City of Anaheim for its
support of good human relations during 2015-2016.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Proclaiming February 2017, as American Heart Month
Proclaiming February 2017, as Black History Month
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Dwayne Shipp accepted the Black History Month Proclamation on behalf of the Orange County
Heritage Council and announced the Black History Parade on Saturday, February 4, 2017 from
10:00 A.M. to 12:00 P.M. and Culture Fair from 12:00 P.M. to 4:00 P.M.
Proclaiming February 2017, as Career and Technical Education Month
Proclaiming February 2017, as Make Kindness Contagious Month
Proclaiming February 4, 2017, as World Cancer Day
ADDITIONS/DELETIONS TO THE AGENDA:
City Clerk Linda Andal reported Item No. 14 was continued to February 7, 2017 at the request of
staff.
PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, a brief decorum
statement was provided by City Clerk Linda Andal.
Cecil Jordan Corkern read from the Holy Scriptures and commented on Star Wars and keeping
children safe from predators.
Duane Roberts thanked City Manager Paul Emery for complying with the Public Safety Board's
request to have an independent review of the investigation of his complaint against Police Chief
Raul Quezada, commended the Council for stopping the streetcar project, and recommended
improved bus services throughout the city.
Trevor O'Neil, regarding Item No. 22, requested Council reconsider dissolving the Community
Center Authority (CCA) until the completion of the Convention Center Expansion project,
suggested Council consider allowing members to serve the remainder of their terms for continuity
and institutional knowledge before moving to district -based appointments, recommended district
seats with nominations by any Council Member, and requested consideration of new
commissions pertaining to Public Works, bond oversight, and pension oversight to provide
additional transparency and accountability on large-scale projects and issues.
Tim Houchen, District 5, addressed the homeless issue, stated 2012 legislation encouraged local
governments to not criminalize the homeless through the Housing First initiative and HUD
incentives, and offered to discuss these options and benefits with staff. Regarding Item No. 27,
he requested Council repeal the camping ordinance and establish a homelessness taskforce to
research solutions for affordable housing.
R. Joshua Collins read from the Scriptures, thanked Council Member Barnes for visiting their
Church, and asked Council for the following actions pertaining to the homeless: repeal the
camping ordinance, suspend the enforcement of confiscating property, or put a 3 -hour hold on
property before taking it away; research safe zones such as those implemented in Seattle; and
consider leaving bathrooms open at night.
Renee offered support for the rights of the homeless population and questioned the hiring
practices for Anaheim's police officers.
William Fitzgerald, Homeowners Maintaining Our Environment, stated the City had failed to
address the issue of drinking water contamination, requested Council discuss it at the next
meeting, and provided copies of a news article pertaining to the actions of government officials in
Flint, Michigan.
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Mike Robbins asked Council to address homelessness as a humanitarian crisis and retract the
camping ordinance, further suggesting a greater portion of the city's budget should go toward
helping the homeless population.
Jeanine Robbins, regarding Item No. 27, requested Council repeal the ordinance, leave
restrooms unlocked at night, and open emergency interim housing until permanent housing was
available.
Clint Breads spoke in favor of permit parking and described his neighborhood's experiences with
vehicles that parked for lengths of time, litter, health hazards, and vehicle maintenance on
residential streets.
Charlotte Seidnematollah thanked the Council for considering the issue of homelessness and the
park ordinance and recognized the duty of the police to enforce the ordinance, but requested
repeal of the ordinance and formation of a task force to work on a temporary solution for the
homeless to stay until a permanent plan was implemented.
Cindy Guzman, Anaheim High School student, recited a speech she gave at a conference that
was inspired by the conversation regarding immigration, described her family's experiences, and
informed Council they could make a difference.
Tucker Showkeir, Anaheim High School student, described his family's four-year battle with
homelessness and asked Council to find living solutions for the homeless, many of whom he
stated were trying every day to improve their lives and the lives of their families.
In response, Council Member Moreno requested the City Manager look for immediate
housing resources to assist Mr. Showkeir's family and Mayor Tait referred Mr. Showkeir to
CityNet for assistance through the Coming Home Anaheim program.
Gail Taylor, Cypress College, announced the Americana Awards on March 4th at the Disneyland
Hotel, asked Council to sponsor a Founder's table, and provided invitations to the event which
raised money for scholarships, further announcing Cypress College would begin bestowing
Bachelor degrees in 2017.
Wes Jones, District 3, asked for the camping ban to be repealed on an emergency basis and to
stop the seizure of property, and spoke in favor of safe zones and establishment of a homeless
taskforce.
Bryan Kaye submitted documents and spoke of his experiences with police officers, claiming he
had been intimidated and his complaints ignored.
Benita Gagne, District 1, expressed concerns about potential health hazards due to
homelessness and suggested the establishment of an emergency task force to locate facilities
and to open park restrooms longer hours as the quickest solution; noting, however, that was not
the best long-term solution. She further requested Council work on transitory to permanent
housing, repeal of the camping and property ordinance, and stated a video was available of a
homeless man's property being dumped in the trash.
June Hamze, District 1, asked Council to clean up her neighborhood near Beach and Ball and not
allow homeless encampments in their neighborhood, citing safety concerns at the local parks,
schools, and streets.
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Bob Donelson commented that information about short-term rentals (STRs) on the city's website
was incomplete and did not address the waivers and tax -breaks, supported by -district
appointments for boards and commissions, and requested restrooms remain open with staff to
check and clean them each morning for possible drug paraphernalia.
Mark Richard Daniels suggested using ARTIC as an emergency shelter for the homeless,
especially in increment weather, requested restrooms be open at night, and acknowledged the
city and Council Member Barnes for their work regarding homelessness.
Lou Noble read from the Bible, requested police officers stop confiscating property, asked for
repeal of the camping ordinance, and suggested the 91 Freeway/Harbor Blvd. location as a
transitional safe zone for the homeless.
Andrea Garcia, Mercy House, thanked Council and staff for supporting the CHIPP program that
would address the emerging gap in the community's entry system, by providing an exit out of
homelessness and supportive services that would enhance each participant's self-sufficiency and
their ability to maintain housing on their own once assistance had ended. She said they looked
forward to being a part of this collaborative effort and bringing their experience and expertise in
serving the chronically homeless to the City of Anaheim.
Michelle Riggan described her experiences as a homeless individual and with assisting the
homeless and requested additional storage bins to alleviate the confiscation of property.
Jodie Mosley, District 1, asked Council to focus on the needs of residents in West Anaheim by
improving the area around Beach Boulevard and Ball Road, citing safety issues, high crime rates,
and areas of neglect, and offered her thoughts that the situation at Twila Reid Park would worsen
if the camping ordinance was repealed.
Victoria Vidrio voiced her concerns about the homeless and requested more money be spent to
improve the homeless situation.
Council Member Murray addressed previous statements, reported Council's approval for
the first full-service homeless shelter, and recommended all speakers regarding the
homeless stay for the discussion item.
Cassandra Perez, Congressman Lou Correa's office, extended an invitation to an informational
Immigration Town Hall on Friday, January 27 from 2:00 P.M. to 4:00 P.M. at Santa Ana College
Phillips Hall., which would include a Q&A session with the Congressman, streamed live on his
Facebook page.
Linda Lehnkering, Anaheim Poverty Task Force, said that only housing can end homelessness
but due to extreme weather and escalating humanitarian crisis asked Council to consider opening
emergency centers, open park restrooms or provide alternate solutions, provide showers, and
provide transitional zones where people could live safely while they await housing, further
requesting repeal of the camping and storage ordinance.
Karen Stoyanoff, Unitarian Church, thanked Council for the work they were doing for the
homeless and acknowledged that their task was difficult, urging them to address the needs for
housing, bathrooms, and a place to secure belongings.
John Dunton welcomed the new Council members, shared his positive experience with City
officials who assisted him when he suffered chest pains, and recognized three acts of kindness
he witnessed: a police officer at La Palma Park who offered a homeless family monetary
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assistance and food; meeting the needs of grieving families; and a woman who covered all costs
for the funeral services for a little girl.
Ray Abrahamson, resident, described the inconvenience of parking three streets away from his
house almost every night and asked Council to approve permit parking.
Claudia Pena, Field Representative for Assemblywoman Sharon Quirk -Silva, extended her
services to the Council as well as any constituents of west Anaheim.
The Cameraman responded to comments made by a speaker at the previous meeting on
legalizing marijuana and said Ordinance 6281 failed because it was not properly enforced and
should be removed, further offering comments regarding the confiscation of homeless peoples'
property.
Don Bigelow, resident, asked for a state of emergency for the homeless population and provided
information about the "Safe Sleep" program in Portland, OR.
Eve Garrow, ACLU of Southern California, expressed her appreciation that Chapter 11.10 was on
the agenda for discussion, recommended that the ordinance be repealed as, in her view, it
violated the civil rights of people, cited an example of a woman who had received several
citations and had her property confiscated, and offered the support of the ACLU to arrive at a
positive solution.
Jennifer Rojas, ACLU of Southern California, commented that the ACLU suggested the ordinance
be repealed due to being unlawful, unconstitutional, and perpetuating homelessness. She
acknowledged steps the city had taken to provide year-round transitional shelter and stated the
second step was to provide permanent supportive housing.
Anna Portillo asked that permit parking implemented in her neighborhood of Lincoln and Sunkist
not be removed, citing possible negative effects such as accidents, jaywalking, litter, and crimes.
In response, Council Member Moreno requested Public Works Director Rudy Emami look
into the complaints and comments regarding parking issues.
Diego Orozco, District 5, expressed his understanding that permit parking for Pricilla Way had
been approved in November but then postponed for additional Council review and shared his
disappointment in not being notified and it not going into effect. He also reported there was a rise
in graffiti and a lack of police patrols in his neighborhood.
Mayor Tait clarified there was no moratorium on permit parking.
Jeff LeTourneau expressed his dissatisfaction with previous comments directed towards the
LGBT and Islamic communities, asked the Council to lead the way toward a solution for
homelessness, and presented statistics correlating LGBTQ youth and homelessness.
Matthew requested Council stop criminalizing the homeless by repealing the camping and
storage ordinance and leaving restrooms open at night.
Vanessa addressed Kelly Thomas's death and recommended showing compassion by declaring
a state of emergency for the homeless situation, repealing the camping ordinance, and not taking
property.
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Donna Acevedo -Nelson thanked Council Member Barnes for inviting the people to the CityNet
meeting and asked for a safe zone and porta-potties at the 91 Freeway & Harbor Blvd. site as the
Kraemer shelter would take some time to be fully operational. She also announced the public
safety meeting to be held on Thursday.
Dr. Patricia Adelekan shared her message that compassion and kindness should reign and if
repealing the ordinance would accomplish that, such action should be taken, citing the growth of
the homeless population.
Greg Diamond supported most of the previous speakers on homelessness and believed ARTIC
was well-equipped to house the homeless during bad weather, asked for property to cease being
confiscated, and requested Council agendize an investigation into Council Member Murray's
policy aide for distribution of inaccurate information and improprieties.
Victoria Michaels, regarding Item No. 27, expressed her hope that Council would make a firm
decision tonight to combat homelessness, shared the experience of a homeless couple,
requested a safe zone at the Karcher property or ARTIC, and commended the appointment of
Council Member Barnes to the Sanitation District.
Council Member Kring addressed previous comments made by Ms. Michaels regarding
the homeless and ACLU assistance and described her history of serving on the Sanitation
Board and potential appointment as Vice Chairperson.
Cynthia Ward, regarding Item No. 25, suggested any changes to approved Public Works project
budgets over $10,000 should require City Manager approval and any changes over $50,000
should require Council approval rather than a 10% authorization for the Public Works Director,
citing the Convention Center expansion project as an example, and questioned the Public Works
Director's understanding of contingencies versus change orders. On Item No. 22, she agreed
with the suggestion offered by Mr. O'Neill as the current members had valuable collective
experience and should be allowed to finish their terms while finding a way to implement by -district
representation and concluded her comments by recognizing homelessness was a federal and
county issue but the city could show compassion by using ARTIC to house the homeless.
COUNCIL COMMUNICATION: None.
CITY MANAGER'S REPORT:
At the request of the City Manager, Dukku Lee, Public Utilities General Manager, responded to
misstatements about Anaheim's water about water quality testing and recommended a future
presentation to Council and the public from the Orange County Water District (OCWD) about the
groundwater basin system and countywide efforts regarding water testing, treating, and
disinfecting. Acting City Attorney Kristin Pelletier confirmed there were no lawsuits filed against
the city in the case of water contamination.
City Manager Paul Emery provided an update on the conditions of Beach Blvd. and Ball Road
and stated staff was working daily with the owner of the Lyndy's Motel site regarding its
demolition.
City Council Minutes of January 24, 2017
Page 13 of 33
CONSENT CALENDAR: At 7:53 P.M., the consent calendar was considered with Council
Member Faessel pulling Item Nos. 6 and 10 for additional discussion, Mayor Pro Tem Vanderbilt
pulling Item No. 12, and Mayor Tait pulling Item No. 13. Council Member Kring then moved to
waive reading in full of all ordinances and resolutions and 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. Vote: Ayes — 7 (Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno,
Kring, and Faessel). Noes — 0. Motion Carried.
8105 1. Receive and file minutes of the Parks and Recreation Commission meetings of July 27,
2016, August 24, 2016, September 28, 2016 and October 26, 2016, Cultural and Heritage
Commission meetings of August 18, 2016, September 15, 2016 and October 20, 2016,
and Community Services Board meetings September 15, 2016 and October 13, 2016.
D116 2. Approve proclamation recognizing Leonard Lahtinen and Tony Ontiveros on their years of
service with the North Orange County Community College District.
D117 3. Approve the Investment Portfolio Report for December 2016.
D180 4. Accept the low bid of Omega Fire Protection, in an amount not to exceed $40,000, for fire
sprinkler maintenance 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 #8805.
D180 5. Accept the bids of Westrux International and Fred M. Boerner Truck Co., in a combined
amount not to exceed $115,836, for the purchase of auto and truck parts for a one year
period with four one-year optional renewals and authorize the Purchasing Agent to
exercise the renewal options, in accordance with RFB #8854.
D180 7. Ratify the purchase order to Kone, Inc., in the amount of $409,537.84, for State mandated
repairs to fifteen escalators at the Anaheim Convention Center and approve a master
agreement increase with Kone, Inc., in the amount of $200,000, increasing the contract
amount from a not to exceed amount of $350,000 to $550,000 for additional unforeseen
repairs and upgrades to the elevators and escalators at the Anaheim Convention Center.
D180 8. Waive the sealed bid requirement of Council Policy 4.0 and ratify an interim master
agreement with DMS Facility Services, in an amount not to exceed $98,000, for landscape
maintenance services of the rights-of-way, parkways, and medians, in the eastern portion
of the City for an initial three month period, effective January 1, 2017, with the option to
extend for a total of six months while the City solicits competitive bids for these services.
D180 9• Waive the sealed bidding requirement of Council Policy 4.0 and authorize the Purchasing
Agent to issue a purchase order to Siemens Industry, Inc., in the amount of $123,230, for
furnishing and installing new building automation system controllers at the Anaheim
Convention Center.
City Council Minutes of January 24, 2017
Page 14 of 33
AGR- 11. Approve Amendment No. 1 to Cooperative Agreement C-2-1993 with the Orange County
7456.1 Transportation Authority, in partnership with the cities of Buena Park and Orange,
extending the term of the agreement for an additional 36 months until June 30, 2019 for
coordinating Ball Road as part of the Measure M2 Traffic Signal Synchronization Program.
A123 14. Staff requests continuance to February 7, 2017.
Approve the Lease Agreement with Orange County Water District, Lease Agreement with
Orange County Flood Control District, and License Agreement with Southern California
Edison to develop a nine -acre passive recreation/nature park as the northern extension of
Anaheim Coves located west of the Santa Ana River between Lincoln Avenue and
Frontera Street; authorize the Community Services Director, or his designee, to act as the
agent on all matters concerning the Lease and License Agreements and to take such
actions as are necessary, advisable or required to implement and administer the
Agreements and authorize de minimis changes that do not substantially change the terms
and conditions of the Agreements approved hereby, as determined by the City Attorney's
Office; and approve in the naming of the entire park as Anaheim Coves.
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adopting a Mitigated Negative Declaration and Mitigation Monitoring
Plan No. 341 for the Anaheim Coves Northern Extension supported by those findings
required by the California Environmental Quality Act (CEQA).
Item No. 14 was continued to February 7, 2017. No further action was taken by the Council.
R100 15. RESOLUTION NO. 2017-011 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM authorizing the destruction of certain city records more than two years
old (Planning and Building).
AGR- 16. RESOLUTION NO. 2017-012 A RESOLUTION OF THE CITY COUNCIL OF THE
10450 CITY OF ANAHEIM approving a Joint Powers Agreement to join the California State
Association of Counties Insurance Authority (access medical malpractice insurance
product).
C280 17. ORDINANCE NO. 6394 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2014-00275; DEV2016-00130) (5055 East
Short Street; rezoning from the Transition Zone to the RS -3 Single -Family Residential
Zone).
C280 18. ORDINANCE NO. 6395 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2016-00296; DEV 2016-00027) (1525 South
Euclid Street; rezoning property from Transition Zone to the RM -3 Multiple -Family
Residential Zone).
City Council Minutes of January 24, 2017
Page 15 of 33
M142 19. ORDINANCE NO. 6396 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM establishing the campaign contribution limit for
the election cycle commencing January 1, 2017, pursuant to Anaheim Municipal Code
Section 1.09.050 ($1,900 to $2,000).
END OF CONSENT CALENDAR 8:29 P.M.
6. Accept the lowest responsible and responsive bid from the Orange County Conservation
D180 Corps., in an amount not to exceed $148,000, for mechanical brush clearance for the Fire
Department for a one year period with up to four one-year optional renewals and authorize the
Purchasing Agent to exercise the renewal options, in accordance with RFB #8804; and accept
the bid from Environmental Land Management, in an amount not to exceed $115,750, for
natural brush clearance services, using goats, for the Fire Department for a one year period
with up to four one-year optional renewals and authorize the Purchasing Agent to exercise the
renewal options, in accordance with RFB #8777.
Fire Chief Randy Bruegman sought Council acceptance of two low bids for brush clearance:
one from Orange County Conservation Corps for mechanical removal of the vegetation to lower
fire risk and one from Environmental Land Management, which uses goats for more aggressive
vegetation clearance.
DISCUSSION: In response to questions from Council, Chief Bruegman confirmed the not -to -
exceed amount was on an annual basis and that each contract was based on the total 135 -acre
clearance area with the contractor chosen each year based on funding levels and needs.
Mayor Pro Tem Vanderbilt questioned the $20,000 difference in contract amounts, with Chief
Bruegman explaining the goats could reach more dangerous clearance spots with less safety
liability and the Conservation Corps was supplemented by additional funding and Federal
grants.
MOTION: Council Member Faessel moved to approve Item No. 6, seconded by Council
Member Moreno. APPROVED VOTE: AYES — 7 (Mayor Tait and Council Members:
Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried.
AGR- 10. Approve Contract Change Order No. 5 with All American Asphalt, Inc., in the amount of
9431.0.5 $410,311.93, for the Residential Street Improvement Project, Group 6, extending the
scope of work in four neighborhoods (Key Lane, Jerrilee, Devonshire, and West/
Westmont) and direct and authorize the Director of Public Works to execute the change
order and any related documents.
Rudy Emami, Public Works Director, explained the different phases of the change orders that
were awarded to All American Asphalt, Inc. for the Residential Street Improvement Project,
Group 6, to rehabilitate the existing roadway and all appurtenant work that was necessary for
the construction of the proposed improvements in the five neighborhoods, as follows: No. 1 -
administrative contract change order to increase the approved construction schedule by 13
working days due to increased quantity of removal and replacement of sidewalks; No. 2 —
administrative change order to extend warranty of the asphalt pavement in specific
neighborhoods as the asphalt concrete did not comply with technical specifications; No. 3 -
extend the scope of the original contract to rehabilitate the existing roadway and improvements in
an additional seven neighborhoods; No. 4 - adjust the approved construction schedule by 35
calendar days due to inclement weather and increased scope of work. Mr. Emami stated
City Council Minutes of January 24, 2017
Page 16 of 33
Contract Change Order No. 5 before Council requests approval for an additional 273,808 square
feet of asphalt pavement rehabilitation, 1,318 linear feet of curb and gutter, and 4,281 square feet
of cross gutter in four of the additional seven neighborhoods included in Contract Change Order
No. 3. He informed Council that staff recommended the additional scope of work to maximize the
life of residential streets, mitigate ponding water, and solve local flooding issues respectively, and
added that the project scope would reduce construction and administrative costs, accelerate the
completion of the improvements, and improve overall efficiency by allowing the additional work to
be incorporated into the current project with costs based on the unit pricing received through the
public bid process and Contract Change Order No. 3. Mr. Emami concluded that approval of
Contract Change Order No. 5, in the amount of $410,311.93, would increase the contract amount
of $6,842,913.96 to a new contract amount of $7,253,225.89.
DISCUSSION: Council Member Faessel expressed his appreciation for the amount of work
covered under this contract to improve the city's roadways and thanked staff for the extra
attention given to improve the issues raised by constituents about the road conditions in their
neighborhoods.
Council Member Moreno shared funding for the project was borrowed from bonds for
infrastructure development at the Convention Center and from the gas tax.
Mr. Emami explained this Residential Street Improvement Project positively impacted 80,000
residents and, subject to availability of additional funds, next year another 66,000 residents would
enjoy improvements to the streets in their neighborhoods, along with 10 miles of completed
sidewalk improvements. In response to Council Member Moreno, he explained the gas tax was
last raised in 1993, so the buying power has reduced by about half, compounded by more fuel-
efficient vehicles which resulted in reduced overall gas consumption, causing more money to be
spent on streets.
MOTION: Council Member Faessel moved to approve Item No. 10, seconded by Council Member
Moreno. APPROVED VOTE: AYES — 7 (Mayor Tait and Council Members: Vanderbilt, Murray,
Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried.
AGR -
8378.A 12. Approve and authorize the Director of Community Services, or his designee, to execute
and administer the Amended and Restated License Agreement with Renewable Farms for
the Aquaponics farm located at 1426 East Vermont Avenue, authorize de minimus
changes that do not substantially change the term and conditions, so long as such
changes are determined to be de minimus by the City Attorney; and authorize the Risk
Manager to approve changes, as he may deem appropriate, to the indemnification and
insurance provisions of the Agreement.
DISCUSSION: Mayor Pro Tem Vanderbilt requested clarification of the amendment to reduce the
percentage of harvest required for sale in light of the agreement with the food vendor at the
Convention Center using this particular program for local food and questioned whether the
demand was not as high as originally envisioned.
Brent Dennis, Community Services Director, described the aquaponics system where raised fish
tanks allowed vegetables to be grown in the water, with the current agreement providing for 20%
of the produce donated to the community. The proposed amendment would shift terms in a
business -smart manner and allow 40% of the produce to be made available to various
organizations to help feed needy families in the community. He further explained conversations
had occurred about making the locally -produced fish available at the Convention Center, as well
City Council Minutes of January 24, 2017
Page 17 of 33
as through Santa Monica Seafood, but that financial aspects needed to be considered relative to
food handling, packaging requirements, and cold storage requirements.
Mayor Tait commended staff and personnel who worked at the farm for the success of this
innovative program and the opportunity for students to visit and learn about the system.
Mr. Dennis described the interest from the children as well as suggested improvements by the
operator related to the expanded variety of vegetables grown, transportation of the produce to
the organizations that help distribute it, absorbed utility costs, and neighborhood relations
through events and community outreach meetings.
MOTION: Mayor Pro Tem Vanderbilt moved to approve Item No. 12, seconded by Council
Member Kring. APPROVED VOTE: AYES — 7 (Mayor Tait and Council Members: Vanderbilt,
Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried.
AGR -10679 13. Approve the Emergency Solutions Grant (ESG) and HOME Investment Partnership Act
AGR -10680 (HOME) Subrecipient Agreements, in substantial form, with Illumination Foundation and
AGR -2930.13 Mercy House, Inc., each receiving amounts not to exceed $250,000 in HOME and
AGR -10448 $31,087 in ESG funds, approve the Chronically Homeless Individuals Pilot Program
(CHIPP) Operating Guidelines, and authorize the Director of Community and Economic
Development to execute and administer the ESG and HOME Subrecipient Agreements
and operate the CHIPP program to assist chronically homeless individuals in the City.
John Woodhead, Director of Community and Economic Development, reported that Anaheim
introduced the "Coming Home Anaheim" program in 2013 to address the needs of the
homeless, through a collaborative response that brought together the resources of the City,
local service providers, and the faith -based community. He added the City established the
Homeless Assistance Pilot Program (HAPP) for homeless families with children in Anaheim
schools, which resulted in 44 families with 120 children becoming stably housed in Anaheim,
and the Chronically Homeless Individuals Pilot Program (CHIPP) represented an expansion of
the HAPP model. He said the CHIPP program would focus on vulnerable individuals that
were not eligible for the County's Permanent Supportive Housing Program, thus filling a void in
the network of homeless services. He explained the criteria for eligibility would be confirmed by
CityNet, street outreach teams, Homeless Outreach officers from the Anaheim Police
Department, or other approved local social service, mental health, or faith -based partner
agencies. He said the CHIPP program would provide a combination of stabilizing support
services and rental assistance to eligible individuals, and the supportive service component
would be funded with Emergency Solutions Grant (ESG) funds and the housing component
with HOME funds; with it anticipated that the pilot program would assist between 30 to 40
individuals in its first two years of operation. Mr. Woodhead reported a Request for Proposals
(RFP) to select a CHIPP program administrator was released in 2016 with three community-
based social service providers submitting proposals for consideration, which proposals were
ranked based on experience working with the specific pilot program to assist the homeless
population, service approach, and financial management. He said while several of the
responders had experience working with homeless individuals for many years, Illumination
Foundation and Mercy House received the top ranking primarily for their demonstrated
capacity to provide services to the target population, locate housing units, and leverage
outside resources.
DISCUSSION: Mayor Tait said homeless issues were often associated with mental health and
or addictions and it was very difficult to fight this without a roof over their heads, and this
program, "Coming Home Anaheim," addressed this issue. He thanked the staff and all
City Council Minutes of January 24, 2017
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involved for their efforts and said he appreciated this and the grants received.
Mayor Pro Tem Vanderbilt questioned if this program would be able to assist someone like a
previous homeless student from Anaheim, who spoke about his family's plight and
homelessness. Housing Authority Manager Grace Stepter replied the family was more likely a
candidate for the HAPP program and staff was made aware of that situation recently and had
already engaged the school district, Illumination Foundation, and CityNet to work together with
the family.
Mayor Tait thanked CityNet, Illumination Foundation, and Mercy House as non-profit groups
that did tremendous work with passion and love and said it was very motivating that the City
was working with these groups to address the homeless issue as they would achieve more
results than working alone.
Council Member Moreno questioned the designation of pilot programs and when such
designation might be removed from HAPP, citing its success with housing 44 families with 120
children. Ms. Stepter explained there were several reasons for designating the program as a
pilot, including funding, milestones, and academic indicators that needed to be met.which would
justify the program as a wise investment. She continued that the HAPP program was approved
for two years with the opportunity for a one-year extension and when staff returns to Council for
renewal, the pilot label would be removed as data will show the program has worked and
recommend as a long-term investment.
Council Member Moreno mentioned that Adela Cruz from Anaheim High School District was the
partner that they worked with and asked where the funding for HAPP came from.
In response to Council Member Moreno, Ms. Stepter explained funding for the program came
from two Federal programs: rental assistance from HOME funds through HUD and services
funding from ESG, with non -profits also required to obtain matching funds. She further
explained the city worked with Adela Cruz at the Anaheim Union High School District as a
liaison to ensure the program was made available and to work with the various providers. Ms.
Stepter concluded that the total budget allocated to the pilot program was $500,000.
MOTION: Mayor Tait moved to approve Item No, 13, seconded by Council Member Moreno.
APPROVED VOTE. AYES — 7 (Mayor Tait and Council Members: Vanderbilt, Murray, Barnes,
Moreno, Kring, and Faessel). NOES — 0. Motion carried.
With the consent of Council, the agenda was taken out of order and Item No. 27 was
considered next. Mayor Pro Tem Vanderbilt recessed the Council briefly at 8:29 P.M. and
reconvened at 8:33 P.M.
M142 27. Review and discuss Chapter 11.10 of the Anaheim Municipal Code, "Camping and
Storage of Personal Property in Public Areas," and other various matters concerning the
homeless population, including consideration to repeal or amend Chapter 11.10 of the
code, city park restroom hours, safe zones, and any other matters that may involve the
assessment of and efforts to address homelessness in the city, and provide staff with
direction on all related matters.
Assistant City Manager Kristine Ridge announced the report would provide insight on how the
Police Department enforces the existing ordinance, the state of homelessness in the city, and
the efforts taken to address it, with the possibility of exploring safe zones and increased
restroom hours. She reported, in order to receive HUD funding, the County of Orange was
City Council Minutes of January 24, 2017
Page 19 of 33
required to conduct a homeless count every two years, with the last count showing a homeless
population of 4,452, which was an increase from the previous count conducted in 2013. The data
from the count revealed that 69% were individuals, 31 % were families, and less than 1 % was
unaccompanied youth. Ms. Ridge continued to state that the National Alliance of Mental Health
estimated that 46% of the homeless population had serious mental illness and/or substance
abuse disorders. CityNet conducted an updated, local account last November of individuals on
the streets and in shelters in Anaheim and found a total of 772 adults and 25 children. Of the
adults, 71 % were men and 29% were women, and 47 were veterans. Ms. Ridge reported the
regional count for 2017 was scheduled to take place at the end January and, for the first time,
attempts would be made to capture information on individuals that are homeless that may have
been released under Proposition 47, which was speculated to have increased the homeless
population. She said the City and its partners were taking a comprehensive approach to address
homelessness with a focus on outreach, access to services, support for a year-round shelter, and
enforcement, and had assisted 688 individuals from life on the street to -date; noting that detailed
information about improving the lives of the homeless was available on the city's website. Ms.
Ridge reported the City assisted the County, including financially, to open the first year-round
shelter in the County in Anaheim, with the Board of Supervisors approving a phased approach to
bring beds online sooner, with 100 beds estimated to be available by the end of April at the
Kraemer facility to be operated by Mercy House. Additionally, she reported Anaheim was home
to multiple affordable housing communities that served seniors, special -needs individuals,
chronically homeless, and extremely low-income families; and through these communities the
Anaheim Housing Authority had issued 699 project -based vouchers for specific housing projects
as opposed to tenant vouchers which were used on the open market.
DISCUSSION: Mayor Tait asked if the Rockwood Apartments on Lincoln was a complex with
wrap-around services specifically for the homeless population, with Ms. Ridge responding that
Rockwood Apartments provided 48 project -based vouchers and 21 additional affordable units.
Ms. Ridge continued that the County had purchased the defunct bus terminal in Santa Ana and
opened a shelter, The Courtyard, that could sleep 450 individuals in inclement weather and they
could stay 24 hours/day with limited services such as showers, laundry facilities, and restrooms
along with different non-profit social services. In addition, during the winter months both armories
at the County were open with a capacity of 200 at the Fullerton location for individuals, and 185 at
Santa Ana for women and children. She said the normal operating hours of the armories were
6:00 P.M. to 6:00 A.M., but due to heavy rain they stayed open for 24 hours last weekend,
although many beds remained empty.
In regards to Chapter 11. 10, Ms. Ridge reported the Community Services Department introduced
an ordinance in October 2013 that added Chapter 11.10 to the Anaheim Municipal Code (AMC)
regarding camping and storage of personal property in all public areas to ensure public areas
were available for their intended purposes and to protect the health, welfare, and safety of the
community. The introduction of this ordinance was coordinated with the opening of the armory,
per a request from the Anaheim Poverty Task Force. In addition, the AMC provided a tool for the
city to better address the negative impacts associated with individuals storing inordinate amount
of possessions and setting up camp, primarily within the city parks where residents were often
impeded from utilizing sports field and the children's play lots. In March 2016, the City Manager's
office introduced an amendment to the ordinance that gave flexibility for the City Attorney to
charge violations of Chapter 11.10 as misdemeanors or infractions, in similar fashion to other
park rules, in response to resident input regarding an increase in criminal activities in the parks
and surrounding neighborhoods, noting this enforcement tool had been used sparingly and in
very specific parameters..
City Council Minutes of January 24, 2017
Page 20 of 33
Police Chief Raul Quezada reported the additional AMC sections regarding camping and storage
of personal property in public spaces provided members of the Community Policing Team and
Homeless Outreach Team with additional tools necessary to enforce the ordinance. He
continued that under the guidance of the City Attorney's Office and in-depth research, Training
Bulletin 15-30 was issued on October 20, 2015, which outlined the parameters for use of this
Municipal Code for officers. He said officers must offer available shelter or housing services
before citations were considered and only upon clear refusal or acceptance of available shelters
or housing options were citations issued. He said officers were tasked with responding to the
concerns generated from the community and public spaces intended for recreational use are
regularly the locations where many homeless chose to stay, camp, and store their belongings.
One positive indicator was a 25% decline in calls for service in 2016 from 2015, due to outreach
whereby police officers effect meaningful change in assisting homeless individuals to find long-
term supportive housing in partnership with CityNet. Chief Quezada added it was not uncommon
for homeless individuals to repeatedly refuse service but on the 10th attempt they take the first
step in changing their lives. He reported the Anaheim Police Department's Homeless Outreach
Team (HOT) was created in 2013 to provide dedicated and consistent resources with specialized
training for calls for service involving homelessness. He explained HOT was part of a regional,
collaborative approach in which the officers work alongside service providers and other non-
governmental organizations to create a network of options and services to assist homeless
individuals and families in securing long-term supportive housing and, since its inception,
approximately 671 individuals had either returned home or had found a new life off the streets as
a direct result of this collaborative approach. Also in 2013, the Department partnered with the
Orange County Mental Health Department in creating a Psychiatric Emergency Response Team
(PERT) to respond to incidents in the field involving individuals suffering from acute or chronic
mental illness. PERT's success has resulted in the patients receiving care in a timely manner
while allowing patrol officers to remain in service and available for other calls for service. He
said while efforts were focused on outreach, enforcement remained a necessary and sparingly
used tool in the overall approach. He said the department was aware that it was not illegal to be
homeless and they did not target homeless individuals, and only after refusal to accept available
shelter do the officers enforce the law to curtail illegal activity and behavior to improve conditions
within public spaces. He said the majority of citations for camping or storage of property
violations were issued as infractions, the lowest level of criminal violation. In calendar year 2016,
the department issued approximately 36 citations for these specific AMC sections, all of which
were issued by the Homeless Outreach Team or Community Policing Team; a majority of the
individuals had refused services on multiple prior occasions and one individual had even refused
a motel voucher for the night. Chief Quezada reported at least nine people who were cited pled
guilty and the presiding judge suspends the sentences, essentially indicating no requirement of
payment of a fine, probation, or other sentencing, while in other instances the court imposed fines
of $35 dollars for an infraction and $30 for a misdemeanor along with a $40 court fee. The
remaining cases were either still open or there was no method to deliver required notices to the
defendants, as they have no mailing address.
In response to Mayor Tait, Chief Quezada explained the discrepancy in number of citations
reported was due to a change to e -filing where citations went directly to the court and eventually
came back into the city's system. In response to Mayor Pro Tem Vanderbilt, Chief Quezada
indicated he would need the name of the individual in order to research the number of citations
and fine amounts they may have received, as well as to determine if such citations were issued
overtime or just in the previous year. In addition, he explained the information provided focused
on the time period (2016) where both infractions and misdemeanors were possible but that
citations were issued as far back as 2013.
Mayor Tait requested clarification on the claim that 58 cities in California all have similar
ordinances, with Ms. Ridge explaining a June 2016 survey by the Berkeley Law Policy Advocacy
City Council Minutes of January 24, 2017
Page 21 of 33
Clinic found several different types of ordinances that placed restrictions on four categories
including standing, sitting, resting, and sleeping; camping and lodging; begging and panhandling;
and food sharing, with the 58 most populous cities all having some form of restrictions on
sleeping, camping, and lodging.
Chief Quezada continued his presentation that one of the components of city services was to
provide facilities where homeless individuals could -store their belongings in a safe manner, with
two sites available, one near La Palma Park and the other near Beach Boulevard and Ball Road.
He said property was seized only after it had been marked for 24 hours without being claimed
and then was stored at no cost for up to 90 days. He reported several parks had signage that
indicated the procedure to retrieve the property and the Police Department had a hot line to call to
retrieve property via an appointment. To provide additional alternatives for homeless individuals
eager to change their lives, the City reached out to the Orange County Superior Court in 2015 to
request that Anaheim be included, along with Santa Ana, to receive Homeless Court services.
The members meet once every two months at the First Christian Church on South Street and
now offered an alternative to individuals who proactively requested their case to be heard in the
Homeless Court. This court's requirement is for homeless individuals to enroll in specific
programs and community services and help them obtain critical documents such as drivers'
licenses and/or birth certificates, which would lead to successful long-term results. In terms of
cost, the Police Department has invested significant resources for many years to reduce
homelessness and to address the impact it creates. He reported in 2016, officers responded to
over 27,000 calls for service related to homelessness, with each call occupying two police officers
for an average of 35 minutes per call, which was roughly the productive work hours of 15 full-time
police officers at a cost of approximately $3 million. He said the Homeless Outreach Team
consisted of one sergeant and two officers to address the needs and impacts of the homeless
population at an approximate cost of $610,000. The PERT Team prepared officers for response
to incidents involving acute chronic mental illness. While this approach freed patrol officers for
other assignments, the commitment of two officers to this program amounted to a cost of
approximately $400,000. Overall, he said $3 million was expended annually by the Police
Department alone to address this complex issue. He said the City's goal was to provide
opportunities for the homeless population to improve their quality of life while ensuring safe
access to parks for residents and it was imperative to employ a multitude of efforts and
approaches that included aggressive and collaborative efforts to permanently reduce
homelessness. He concluded that the Police Department was committed in their work with the
homeless population but must also answer calls received from residents and business owners
regarding the increase of homeless individuals associated with behavioral concerns,
acknowledged Council for their involvement in working to open the County's first multi -service
facility for the homeless, and hoped this location would offer another alternative to life on the
street.
Ms. Ridge reported that limited research on safe zones and restroom hours within city parks had
been conducted by staff, noting the federal government did not support safe zones and did not
recognize them as a component to end homelessness, as communicated by the United States
Inter Agency Council on Homelessness, that stated authorizing encampments created costs to
ensure safety, security and well-being of the people in the encampment and would prevent
funding from being directed to support and create permanent housing and service options. She
continued that creating sanctioned encampments was not a permitted use of any of the funding
available from HUD. In regards to other cities across the country, several had recently
dismantled large, unsanctioned encampments and the often -cited cities of Portland and Seattle
had significantly larger homeless populations (approximately 2,000 and 4,000, respectively) than
Anaheim (722). Ms. Ridge reported on a recent six-month pilot program, Safe Sleep, in Portland
to permit tent camping and sidewalk sleeping in groups of six or fewer between the hours of 9:00
P.M and 7:00 A.M., which was terminated due to misinterpretations that camping had been
City Council Minutes of January 24, 2017
Page 22 of 33
legalized, the establishment of larger encampments, refusals to follow the stipulated hours,
significant strain on police resources, and backlash from the community. She continued that
Portland was researching and developing permitted encampments on private property with a
qualified operator for smaller numbers of homeless individuals. In Seattle, while the city worked
to eliminate unsanctioned encampments due to environmental and public safety concerns, their
municipal code and guidelines provided for transitional encampments by permit for one year only,
with no ability to renew at the same location, with such encampments not permitted in residential
zones, public rights-of-way, parks and playgrounds, or viewpoints or trails. Additionally, the
encampments must have a management plan and a qualified operator that meets all of the
health, safety, and inspection requirements established for encampments that were also
permitted at religious organizations via another section of Seattle's municipal code, and
the operator was required to maintain liability insurance if the camp was situated on city -owned
property.
In regards to park restrooms, Ms. Ridge reported the facilities were open during park hours and
closed at 10:30 P.M, with the Municipal Code prohibiting individuals from being in the park from
10:30 P.M. to 5:00 A.M. To provide nighttime restroom hours, the parks would need to remain
open, which would result in the need for additional patrols and additional maintenance, repairs,
and cleaning of the facilities, along with potential detrimental impacts to nearby residents of
increased activity and noise.
In response to Mayor Tait's inquiry about other cities' overnight restroom availability, Matt Bates,
Vice President of CityNet, said Santa Ana set up portable restrooms to accommodate the large
homeless population at the Civic Center, which he believed were paid for by the County and that
option was being pursued locally.
In response to Council Members Vanderbilt and Barnes, Chief Quezada reported property was
confiscated only when abandoned and upon 24-hour notice or when a person was arrested, with
such property stored for 90 days, unless unsafe/soiled, and available for retrieval by making an
appointment with the police department. The Chief confirmed that unsafe, unhealthy, soiled, and
hazardous materials were disposed of to avoid potential communicable diseases and
contamination. Mr. Bates announced the availability of two storage lockers at Eastside Christian
Church and Magnolia Baptist Church with donated bottled water, food, and living supplies for
distribution and Chief Quezada reported the department reviewed body -worn camera videos for
alleged misconduct.
In response to Council Member Barnes, Mr. Bates explained wraparound services were
supportive services to help a person stay housed and reintegrate into community life by providing
housing first and then assisting with addressing mental, physical, addiction, and legal issues,
which was a change from the transitional model which addressed such issues first and then
provided housing.
Mayor Tait requested clarification on citations and arrests, to which Chief Quezada explained the
36 individuals included a combination of citations, arrests, open charges, and bench warrants
issued by a judge for unrelated crimes; noting options were given to seek shelter and previous
contacts and warnings had occurred and been documented. Chief Quezada restated that
before citations were considered, individuals must be offered available convenient shelters and
only on refusal to accept this offer would citations be considered. He continued if shelters were
full, they were offered hotel vouchers that were made available through CityNet or community
donations.
City Council Minutes of January 24, 2017
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Mr. Bates reported transportation was available from La Palma Park to the Fullerton Armory and
that Mercy House operated a check-in center for belongings at La Palma Park along with meals
provided by volunteers, showers twice a week, and restrooms.
In response to Council Member Faessel, Ms. Ridge explained that current usage numbers for the
armories was not available but that, on average, the Fullerton Armory had 125 of 200 bed utilized
and Santa Ana had 50 of 185 beds used. Additionally, Chief Quezada reported the 36 citations
were for violations of these specific municipal code sections; determining the number of citations
for other code sections, such as being in a park after hours, would require additional research;
and certain enforcement actions were taken in areas not under Anaheim's jurisdiction and by
other agencies, encouraging anyone who had concerns about abuse or impropriety to file a
complaint which would be researched by the department. The Chief further confirmed the
provided statistics covered the Police Department only, and that the Fire Department would have
different numbers for their medical -related calls.
Council Member Murray thanked staff, officials, and nonprofit services for their services to the
homeless community, and asked if counts were made of individuals who declined services. Mr.
Bates replied in the affirmative, citing national statistics that it takes as many as eight contacts
until an individual may open up and accept the offered assistance due to mental health issues, a
lack of trust, and unwillingness to make a dramatic change in their current living status.
Council Member Murray highlighted the programs available to assist those who wanted help, with
information available on the City's website, but questioned how those without access to
computers would learn about the programs. Mr. Bates acknowledged that challenge and
explained information was available through training for those on the front line of offering
services, through peer groups, by dialing 211, and through personal relationships. Council
Member Murray then shared the City's multiple efforts and hard work over the past six years by
taking a proactive role and aggressively approaching this issue to find permanent housing,
developing affordable housing, seeking federal funds, and piloting programs to help women,
children, and the chronically homeless, concluding that safe zones with portable amenities were
not a suitable solution.
Council Member Kring questioned the availability of pet care, how police patrolled parks after
hours, and how homeless individuals were transported to shelter. Mr. Bates explained the
armories accepted service animals, but not pets, but that the new shelter would have pet
accommodations. Chief Quezada responded that the police answered calls for service from the
community about noises and disturbances in parks after closing and the Homeless Outreach
Team often worked during the evening hours. Mr. Bates stated people arrived at the armories
and shelters via bus, bikes, and private automobiles in addition to transportation provided to the
Santa Ana armory.
Council Member Kring thanked CityNet, the staff and all agencies who worked tirelessly towards
achieving this goal, and acknowledged the tough challenges they faced in gaining trust and
confidence to make this happen, and the challenges faced to make it right for the residents near
the parks.
In response to Council Member Moreno, Chief Quezada informed Council no research has been
done and statistics were not available for how many criminal acts were committed by the
homeless against the residents that lived around the park but that residents had filed reports of
homeless individuals bathing in their pools and Jacuzzis and resultant confrontations.
Ms. Ridge confirmed for Council Member Moreno that the 46% of homeless individuals suffering
from mental illness and/or substance abuse disorder was a national statistic based on the a study
City Council Minutes of January 24, 2017
Page 24 of 33
by the National Mental Health Alliance. Council Member Moreno continued that suggested
54% of homeless individuals did not suffer from mental illness or drug abuse but were unfortunate
to find themselves in situations that lead to their homelessness, with Ms. Ridge stating some had
medical and/or disability issues as well. Mr. Bates noted the armories and shelters
accommodated disabled people but could not confirm ADA compliance.
Council Member Moreno reported a disproportionate number of homeless people were veterans
who came home with a disability and that he was struck by the increase to 27,000 calls for
service received as compared to 13,000 when the ordinance was established which was why he
requested this agenda item to consider all angles of this situation; stating the intent was not to
repeal the ordinance at this time but to study the data over the past three years since adoption
and give Council background and information to study and decide as they saw fit what action to
take. Chief Quezada confirmed that the 27,238 calls for service in 2016 were citywide, 731 of
which were at parks, and all homeless -related; further explaining calls for service increased for
various reasons since the ordinance was created for the purpose of allowing park space to be
utilized for its intended use. He further explained that citation could be issued after a park closing
at 10:30 P.M. but also during the day, such as when a camping tent was set up attached to a park
restroom, block the entrance due to bathing activities. He described the differences between
setting up temporary shade shelters and establishing a camping site with beds, luggage, cooking
devices, etc.
Council Member Moreno expressed concern with calls being made at just the appearance of a
tarp in the park; Chief Quezada reported all service calls were answered with officers assessing
their validity upon arrival and review. Council Member Moreno described his concern with the
increase in calls for service since the ordinance was implemented and wondered if it met its
intent. He shared the census numbers showed an increase in the overall homeless population
which was evident in the more visible presence of homeless individuals throughout the city at
various locations, which may then reflect in the number of calls for service. He further expressed
concerns with the expenditure of $3 million for police engaged in social work rather than police
work, believing that money could be better utilized in the HAPP or CHIPP programs to deal with
the situation in a more permanent way and work in the direction of stable housing.
Mr. Bates confirmed that 688 individuals had been helped off the streets between January 2014
and December 2016, a three year period, with 95% remaining housed; which could at least be
partially attributed to the available wraparound services of the 180 collaborative partners working
on addressing this issue through case management and other services to assure successful
placements.
Based on these programs and their success, Council Member Moreno questioned why the
homeless population continued to increase, with Mr. Bates explaining there were a number of
factors including economic strain, lack of affordable housing regionally and statewide, increased
cost of living, and Proposition 47. Ms. Ridge explained additional information about the effects of
Prop. 47 could be studied during the 2017 point -in -time homeless count/study.
Council Member Moreno acknowledged the hard work of staff and the residents who supported
this cause and asked the Chief to confirm the timing for confiscating property. Chief Quezada
confirmed, in collaboration with the City Attorney's office, 24-hour notice was given to retrieve
abandoned property and if it still remained, code enforcement would retrieve and store the
property which could then be collected via appointment. He described the complaint procedure,
available online and at City libraries, for anyone who believed this process had been violated and
encouraged the community to do a ride -a -long with department officers and/or the Homeless
Outreach Team.
City Council Minutes of January 24, 2017
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In terms of storage spaces for property, Mr. Bates confirmed the location operated by CityNet at
Beach Blvd. and Ball Rd. had extra space available and was not filled to capacity. While both the
storage unit at La Palma Park and the Beach/Ball unit were mobile and could potentially be
moved to different sites, the existing sites were on established city -owned and church -owned
private property and the challenge of installing additional storage spaces was finding partners
willing to host it on their property. Council Member Moreno asked residents who were concerned
about camping in the parks to approach their congregations to support this cause.
Chief Quezada reconfirmed that hazardous property was destroyed due to being a public health
risk for both the homeless individuals and other surrounding property, but there was the ability to
provide a new sleeping bag or blankets via CityNet, upon request.
Council Member Moreno requested this item be agendized every other meeting to brief Council
on numbers, assessments, and the resources and costs required to invest in parks for residents
and support the HAPP and CHIPP programs. Additionally, he requested staff work with the
County to obtain resources and funding to support affordable housing and housing for the
homeless and determine how to better engage the County to provide support for this issue,
particularly within Anaheim.
Mayor Tait expressed pride for the efforts of CityNet and the City for their efforts through the
Coming Home Anaheim program and the 680 success stories of individuals placed in permanent
housing. He welcomed the continued discussion of the issue and possible solutions to continue
a compassionate approach, citing concerns with the issuance of misdemeanors rather than
citations.
MOTION: Mayor Tait moved to continue Item No. 27 to February 28, 2017, seconded by Mayor
Pro Tem Vanderbilt. APPROVED VOTE: AYES — 7 (Mayor Tait and Council Members:
Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried.
Mayor Pro Tem Vanderbilt requested Item No. 20 be considered in conjunction with Item No. 25
as they were related and it would help to move through the meeting quickly. With no objection,
discussion on Item No. 20 was deferred until consideration of Item No. 25.
D154 21. RESOLUTION NO. 2017-013 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution No. 2014-095 which established rates of
compensation for classifications designated as Professional Management (creating
classification "Chief Policy Advisor to the Mayor", effective December 30, 2016).
RESOLUTION NO. 2017-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM amending Resolution No. 2016-033 which established personnel rules applicable
to employees in Management, Confidential, and Non -Represented Part-time Classification
(amending Sections 1.2(b) and 1.2(c) of the Personnel Rules, effective December 30, 2016).
Increase the City Council budget for fiscal year 2016/17 by $47,000 and decrease the City
Administration budget by $47,000 in the General Fund.
Jason Motsick, Acting Human Resources Director, reported that at the December 20, 2016
Council meeting, Council Member Barnes requested staff create a full-time classification to
provide administrative support to the mayor, and therefore, staff recommended the creation of a
"Chief Policy Advisor to the Mayor" classification at salary range XCR10 assigned to the
City Council Minutes of January 24, 2017
Page 26 of 33
Professional Management Unit. Mr. Motsick continued that the recommended salary range
encompassed the incumbent's current salary, recognized the required depth of experience and
administrative support this classification provides, incumbents in this classification are appointed
"at -will" with no property rights to continued employment, and each appointment to this
classification is for a limited term basis aligned with the election term of the Mayor and shall not
extend past the end of the appointing Mayor's term. After City Council approval, he stated, the
City Manager intends to reclassify the incumbent to the new classification effective December 30,
2016. Furthermore, it is necessary to modify the City of Anaheim Personnel Rules Covering
Management, Confidential, and Non -Represented Part -Time Employees to provide specified
benefits and procedures to the newly created classification. Mr. Motsick concluded his
presentation that staff was recommending City Council approve the creation of one full-time
classification effective December 30, 2016, approve amendments to the Personnel Rules
effective December 30, 2016, and increase the City Council's FY2016-2017 budget by $14,000,
not $47,000 as stated on the agenda, and decrease the City Administration FY2016-2017 budget
by $14,000 in the General Fund, further explaining the total cost of the full-time classification for
FY2016-2017 was approximately $125,000, $40,000 of which had been addressed by previous
Council action and the City Manager's office had identified savings in their budget to off -set the
increase, resulting in no net impact to the General Fund.
DISCUSSION: Council Member Barnes thanked staff for creating the job title, description,
qualifications, and pay range for this position and confirmed that there was no change in
classification.
MOTION: Council Member Barnes moved to approve Item No. 21. No second was offered at the
time the motion was made.
DISCUSSION: In response to Council Member Faessel and Mayor Tait, Mr. Motsick clarified that
the total cost for the full-time classification in FY 2016-2017 would be approximately $125,000
inclusive of salary, burden, and benefits, not $158,000, resulting in the decrease of the proposed
budget amendment from $47,000 to $14,000. The discrepancy was attributed to
miscommunication between the Human Resources and Finance Departments in calculating the
total cost as the incumbent would only incur part-time salary burden for half the fiscal year and
full-time salary burden for the remainder of the fiscal year. While projections were still being
finalized, the projected salary and burden for the position in FY 2017-2018 would be $165,000.
Mayor Tait asked what the salary would be, in simpler terms, with Mr. Motsick explaining the
salary for FY 2016-2017 would be approximately $99,500 inclusive of productive salary and
vacation, sick, and other leave types. Mayor Tait confirmed the hourly rate of $47/hour was not
changing, but there would be an increase from 30 hours/week to full-time 40 hours/week.
Mayor Tait explained that a full-time aide was needed for the Office of the Mayor to be present in
the office, make decisions, and handle complex issues, particularly with the change to district
elections. He displayed comparison data of support staff from cities similar in size to Anaheim,
explained previous Council actions pertaining to this position, and highlighted the incumbent's
education and qualifications. In response to Council Member Faessel, Mayor Tait confirmed the
previous increase of $40,000 and explained this action was to create a new full-time classification
as the current one was not correct and to include the "at -will" provision and service concurrent
with the Mayor's elected term.
City Manager Paul Emery explained the previous budget amendment of $40,000 was staff's
interpretation of Council Member Barnes's request to allow the current incumbent to work a 40 -
hour week under the existing terms for appointment, and when $40,000 was added, that was
staff's understanding of the request made by Council Member Barnes. Subsequently, staff was
City Council Minutes of January 24, 2017
Page 27 of 33
asked to make the position a full-time classification, which differed from being able to work 40
hours/week, and required creation of a new classification to address the duties and
responsibilities of the position and provide appropriate funding to fully cover all expenses
including compensated absences that the previous action and position did not include, resulting in
the request for an additional $14,000 for the current fiscal year. He further clarified that if Council
chose to have the position as a full-time classified position the following year, it would require
approximately $160,000 annually to cover salary and full burden, including pension and health
benefits.
Council Member Murray stated the action by Council in December restored funding to one
position but this action was to create a new classification that had not previously existed,
expressed concerns with setting precedents and with long-term impacts, and questioned whether
a market study had been completed to determine the pay rate for this type of position. Mr.
Motsick responded that staff conducted a market study along with research on comparable
agencies and the top ten cities in the state, with the proposed salary in range with the
incumbent's current salary and internal equities. He continued that, based on the market study of
comparable agencies and identified classifications meeting at least 75% matching duties and
responsibilities, the proposed salary was 23% over market rate. In response to Council Member
Murray's question about placement of the classification in the Professional Management group,
Mr. Motsick provided his understanding that the position would not oversee programs, staff, or
other managerial responsibilities.
Council Member Murray, in light of changed information from the staff report and the
presentation, requested additional information about the full salary and burden on a go -forward
basis, as she believed $165,000 total compensation was significant and ranked amongst
department heads and other high managerial positions. Mr. Motsick answered that the salary of
each department head would vary based on negotiations and could be low to mid $200,000s with
added burden ranging to approximately $300,000. Upon further questions from Mayor Tait, Mr.
Emery stated staff that reported directly to the City Manager, for comparison purposes, the
Assistant to the City Manager had a XCR14 salary range with oversight of budget development
and supervision of personnel and both the Assistant City Manager and Deputy City Manager had
supervisory responsibilities over departments with unburdened salaries between $200,000 and
$240,000. Mr. Motsick then explained that calculating burden costs included complex formulas of
percentage and flat -rate costs but for miscellaneous management positions was roughly 60% on
top of their salary.
Council Member Murray expressed concern with the market rate study results as well as
comparisons with cities that had significantly higher populations and strong -mayor forms of
government. Prior to approving a new classification, she requested accurate figures of costs for
the current and future fiscal years as well as a side-by-side analysis of what other cities offered to
allow Council to review the full scope of information.
Mayor Tait said his aide's salary had not changed for 10 years, except when the budget was
amended four years ago to a lower amount for that particular position and made comparisons of
her hourly rate with that of Council Member Murray's aide. Council Member Murray responded
that each office had a $60,000 budget for aide purposes and now with the Mayor's additional
$40,000. She further stated that how the budget was spent on hourly wages, pensions, and
benefits was a choice by each office holder.
Council Member Kring expressed concern that the position would be paid 23% over market rate
according to the study, stated her belief that there would be less burden on the mayor's office
following district elections as each Council Member would address their own district, and believed
City Council Minutes of January 24, 2017
Page 28 of 33
the allocated budget was sufficient to cover one or two aides at well -paying salaries, particularly
as Anaheim did not have a full-time mayor.
Council Member Moreno requested the discussion focus on the merits of the proposal and needs
of the city rather than on an individual. He offered his opinion that with a part-time Council and
part-time mayor, having a full time staff person to serve in the Mayor's office assured him as a
resident and as a Council person that there was someone constantly looking at the issues from
the perspective of an elected official who could support the work of a part-time Mayor in balancing
their work and policy needs. He offered his support for the full-time classification, stating that a
23% pay differential for one person compared with seven employees supporting mayors in other
cities did not seem excessive and noted that future mayors may choose to hire their assistant at a
lower portion of the salary range dependent on their needs and the applicant's qualifications and
skills.
In response to Mayor Pro Tem Vanderbilt, Mr. Motsick advised the study looked at other
comparable cities more geographically located such as Santa Ana, Los Angeles, Riverside, San
Bernardino, other municipalities within Orange County, and the top 10 largest cities in California.
For positions, the study looked at classifications that supported the mayor as well as those that
performed similar duties and functions such as an Administrative Analyst III in Long Beach. Mr.
Emery continued that such classifications were reviewed, not just assistants to mayors, as the job
duties and supervisory responsibilities were more aligned with the proposed classification.
Council Member Murray requested staff provide a copy of the market study to the entire Council
as well as information on what analysis was used. In response to her questions regarding salary
ranges, Mr. Motsick reported the CR10 classification has a salary range of $74,391- $106,937
with projected costs for FY 2017-2018 of $165,000 based on salary and burden costs. He further
explained that, while there were no anticipated wage increases, overall costs could increase if the
incumbent moved up within the salary range.
MOTION: Council Member Murray moved to continue Item No. 21 to February 7, 2017 and return
with the market analysis and comparable classifications from other cities, seconded by Council
Member Kring.
DISCUSSION: Council Member Barnes offered support for the continuance to allow for greater
transparency with the job description, salary range, and background information.
Mayor Tait stated he would not support the continuance, believing the recommended action
allowed for clean-up, transparency, and correcting the classification.
Council Member Moreno said he would not support the continuance because staff did as they
were asked, there was no impact on the current budget, and this and other classifications could
be reviewed during consideration of the next fiscal year budget.
MOTION: Council Member Murray moved to continue Item No. 21 to February 7, 2017 and direct
staff to return with the market analysis and comparable classifications from other cities, seconded
by Council Member Kring. VOTE: AYES - 3 (Council Members Murray, Kring, and Faessel).
NOES - 4 (Mayor Tait and Council Members: Vanderbilt, Barnes, and Moreno). Motion failed.
MOTION: Council Member Barnes moved to approve RESOLUTION NO. 2017-013, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No.
2014-095 which established rates of compensation for classifications designated as Professional
Management (creating classification "Chief Policy Advisor to the Mayor", effective December 30,
2016), RESOLUTION NO. 2017-014 A RESOLUTION OF THE CITY COUNCIL OF THE
City Council Minutes of January 24, 2017
Page 29 of 33
CITY OF ANAHEIM amending Resolution No. 2016-033 which established personnel rules
applicable to employees in Management, Confidential, and Non -Represented Part-time
Classification (amending Sections 1.2(b) and 1.2(c) of the Personnel Rules, effective December
30, 2016) and increase the City Council budget, as amended, for fiscal year 2016/17 by
$14,000 and decrease the City Administration budget by $14,000 in the General Fund,
seconded by Mayor Tait. APPROVED VOTE: AYES — 5 (Mayor Tait and Council Members:
Vanderbilt, Barnes, Moreno and Faessel). NOES — 2 (Council Members Murray and Kring).
Motion carried.
At the request of City Clerk Linda Andal, Mayor Tait recessed the Council at 11:24 P.M. and
reconvened at 11:37 P.M.
22. Review the composition of all City Council appointed boards and commissions, which
B105 includes discussion and direction to staff relating to the terms of office, the manner in
which members are appointed by Council, eligibility requirements, duties and any other
actions related to changes to city boards/commissions, including dissolution of the
Community Center Authority (Budget, Investment and Technology Commission,
Community Center Authority, Community Services Board, Cultural and Heritage
Commission, Housing and Community Development Commission, Library Board, Parks
and Recreation Commission, Planning Commission, Public Utilities Board, and Sister
City Commission).
MOTION: Mayor Tait moved to change the method in which Boards and Commissions were
appointed to allow each district council member one appointment, regardless of applicant
residency, with the remaining seats to be appointed by a majority vote of the at -large Council,
until District Nos. 2 and 6 have elected representatives; adjust all commissions to seven
member commissions, with the exception of the Sister City Commission and Library Board;
discontinue the Community Center Authority; create term limits consistent with the elected
appointing member; and allow all current commission members to reapply, seconded by
Council Member Moreno.
DISCUSSION: Mayor Tait expressed this action would be consistent with the voter -approved
change to by -district elections and provide for a more balanced representation across the city
on boards and commissions.
In response to Council Member Kring, Mayor Tait confirmed appointments to the Library Board
would continue to be appointed at -large by a majority vote of the Council.
Council Member Faessel expressed concerns with removing all current commission members
at once and requested a continuation to explore other means of transitioning to by -district
representation for boards and commissions members to achieve the same eventual outcome,
explaining many members terms were set to expire over the next two year and suggested a
phased approach, similar to that used for the Council elections, to result in by -district
appointments.
Mayor Tait stated each district needed to be represented on the boards and commissions to
continue the change in government to be more representative of the people.
Council Member Moreno suggested each council member should look carefully at applicants
from their own district for appointment and only appoint from across the city if there were no
applicants or no qualified applicants from within their own district, with Council Member Faessel
responding his focus was on finding the right people to serve, regardless of their district
City Council Minutes of January 24, 2017
Page 30 of 33
residency. Council Member Moreno expressed his view that this did not mean any disrespect to
any of the Council Members or current commissioners but was truly about moving as efficiently
as possible towards the wishes of the people.
In response to Council Member Murray, Mayor Tait explained the Library Board membership
could not be increased to seven as it was set at five members by the Charter. Council Member
Murray requested consideration of retaining the Community Center Authority, per an earlier
request, through the completion of expenditures for the Seventh Betterment expansion of the
Convention Center, and offered her support for the by -district appointments if that was the will of
the Council, but stated she was not supportive of the summary dismissal of all current members,
preferring to transition them as terms expired.
Council Member Barnes asked to review the application and solicit input from current
commissioners on requirements to help ensure those to be newly appointed would be capable
and willing to serve as the positions required.
Council Member Kring explained the process whereby the City Clerk's office published notices of
vacancies to which sometimes few applications were received, expressed concerns with finding
enough qualified applicants to fill the vacancies of all the boards and commissions at the same
time, cited term limit considerations, and stated she would not support this action.
Mayor Tait indicated the terms would coincide with that of the appointive Council Member, with
the intention not to be harsh but to support the by -district election process and allow for
representation from all districts across the city.
Council Member Murray requested if this process moved forward that each of the two elected
representatives, who live in District 2 and 6, be given the opportunity for the next two years to
appoint in the stead of those two districts as the resident council members of those districts.
Mayor Tait disagreed, as those members were elected at -large, but indicated he would give
consideration to ensuring those two districts had representation on the board and commissions.
Council Member Faessel requested continuing the item until the next meeting to research
potential alternatives in conjunction with staff and then move forward, with Council Member Kring
requesting a continuance to February 28th rather than February 7th due to heavy agendas and the
State of the City address scheduled for that day.
Mayor Tait stated his preference to continue this to the next meeting as it needed to be
addressed soon, as well as all agenda items not yet addressed by Council. Council Member
Council Member Moreno expressed concerns with continuing the item stating district elections
changed the culture as well as the governing system of the city.
Council Member Murray clarified that certain board and commission members were nominated by
former Council members and were often approved by acclimation and/or unanimously by the
entire body and therefore did not just represent the will or wishes of one Council Member but the
body as a whole.
Council did not vote or act on the motion on the floor
MOTION: Mayor Tait moved to continue Item No. 22 to February 7, 2017 to allow Council
Member Faessel to offer an alternative transition option, seconded by Council Member Faessel.
APPROVED VOTE: AYES — 7 (Mayor Tait and Council Members: Vanderbilt, Murray, Barnes,
Moreno, Kring, and Faessel). NOES — 0. Motion carried.
City Council Minutes of January 24, 2017
Page 31 of 33
D114 20. RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM authorizing the City Manager to enter into certain agreements for and
on behalf of the City when the amount does not exceed fifty thousand dollars and
amending Council Policy 4.1 accordingly.
MOTION: Mayor Tait moved to continue Item No. 20 to February 7, 2017, seconded by Council
Member Kring. APPROVED VOTE: AYES — 7 (Mayor Tait and Council Members: Vanderbilt,
Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried.
D116 23. Receive and file an update regarding the Mayoral Task Force on the Welcoming Anaheim
initiative.
MOTION: Mayor Tait moved to continue Item No. 23 to February 7, 2017, seconded by Council
Member Kring. APPROVED VOTE: AYES — 7 (Mayor Tait and Council Members: Vanderbilt,
Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried.
D114 24. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Policy 1.6 of the City Council Policy Manual relating to the
manner in which members of the City Council may place matters on the agenda of a
regular City Council meeting and rescinding Resolution No. 2016-241.
MOTION: Mayor Tait moved to continue Item No. 24 to February 7, 2017, seconded by Council
Member Kring. APPROVED VOTE: AYES — 7 (Mayor Tait and Council Members: Vanderbilt,
Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried.
D175 25. Review and discuss Resolution No. 88R-124, which delegates authority to the Director of
Public Works to execute change orders on behalf of Public Works and establishes
limitations in an amount not to exceed $10,000 or 10% of the total contract price,
whichever is greater, and provide direction to staff regarding matters related to the
authority granted within said resolution.
MOTION: Mayor Tait moved to continue Item No. 25 to February 7, 2017, seconded by Council
Member Kring. APPROVED VOTE: AYES — 7 (Mayor Tait and Council Members: Vanderbilt,
Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried.
D159 26. Receive and file report regarding Short Term Rental program enforcement.
MOTION: Mayor Tait moved to continue Item No. 26 to February 7, 2017, seconded by Council
Member Kring. APPROVED VOTE: AYES — 7 (Mayor Tait and Council Members: Vanderbilt,
Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried.
City Council Minutes of January 24, 2017
Page 32 of 33
D150 28. Discuss and provide direction to staff regarding the transition of the former
Neighborhood Council Districts to the proposed Neighborhood Services District
Community meetings.
MOTION: Mayor Tait moved to continue Item No. 28 to February 7, 2017, seconded by Council
Member Kring. APPROVED VOTE: AYES — 7 (Mayor Tait and Council Members: Vanderbilt,
Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried.
D159 29• Receive and file status report regarding the Beach Boulevard Specific Plan and
associated Environmental Impact Report.
MOTION: Mayor Tait moved to continue Item No. 29 to February 7, 2017, seconded by Council
Member Kring. APPROVED VOTE: AYES — 7 (Mayor Tait and Council Members: Vanderbilt,
Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried.
D150 30. Discuss and provide 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.
MOTION: Mayor Tait moved to continue Item No. 30 to February 7, 2017, seconded by Council
Member Kring. APPROVED VOTE: AYES — 7 (Mayor Tait and Council Members: Vanderbilt,
Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried.
REPORT ON CLOSED SESSION: None.
COUNCIL COMMUNICATIONS:
Council Member Faessel announced the Black History Parade to be held on February 4, 2017.
Council Member Moreno congratulated the Anaheim Union High School District for the success
with the Servathon, thanked the Senior Center and Senior Club for attending the District 3
Community meeting, congratulated the organizers of the OC Women's March, and thanked
Public Works and Public Utilities for their Department tours.
Council Member Kring shared appreciation expressed by Richard Delgado for the city's work
during the storms, requested a recognition for Pete's Music Shop, and announced her
appointment as Chair of the ACC -OC Homelessness Community task force.
Council Member Murray requested a recognition for Assemblywoman Young Kim for her service
and provided specific clarification to her request regarding the Welcoming Anaheim Mayoral
Task Force, which included a request for action to provide direction to ensure full transparency.
Council Member Moreno restated his request to agendize the homeless issue every other
meeting and requested a representative of the County be invited to share their steps in
addressing the issue.
Mayor Tait reported his attendance to the US Conference of Mayors.
City Council Minutes of January 24, 2017
Page 33 of 33
Council Members Faessel and Barnes reported they both attended the League of California Cities
training in Sacramento.
Council Member Kring reported her attendance at the League of California Cities Transportation
Committee meeting in Sacramento.
ADJOURNMENT:
With no further business before the City Council and without objection, Mayor Tait adjourned the
meeting of February 7, 2017 at 12:31 A.M.
Re itted,
Theresa Bass, CMC
Acting City Clerk