02/07/2017ANAHEIM CIN COUNCIL REGULAR MEETING
OF FEBRUARY 7, 2077 11
The regular meeting of February 7, 2017 was called to order at 3:07 P.M. by Mayor Pro Tem
Vanderbilt in the chambers of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The
meeting notice, agenda, and related materials were duly posted on February 3, 2017.
PRESENT: Mayor Pro Tem Vanderbilt and Council Members: Kris Murray, Denise Barnes, Jose
F. Moreno, Lucille Kring, and Stephen Faessel. Mayor Tait joined the meeting at 3:22 P.M.
STAFF PRESENT: City Manager Paul Emery, Acting City Attorney Kristin Pelletier, and City
Clerk Linda Andal.
WORKSHOP: Mid -Year Budget Review
Finance Director Debbie Moreno reported her presentation would review the adopted FY 2016/17
budget with specific focus on the General Fund, beginning with the current adopted budget, an
overview of funding sources, an update of citywide projects, overview of FY 2016/17 budget
performance, FY 2017/18 budget outlook, neighborhood improvement opportunities, as
requested by Council, and would end with the budget calendar and what to expect in the coming
months.
Overview: Ms. Moreno stated FY 2016/17 revealed strong revenue growth. She explained the
adopted $1.7 billion budget was comprised of many different sources of funding, with the biggest
portion being restricted for specific activities. Referencing a chart, she reported Enterprise Funds
were used to fund operations for the city's water and electric utilities, solid waste and sanitation,
golf courses, and the convention, sports and entertainment venues. Special Revenue Funds, she
continued, were funds awarded by other governmental agencies for restricted programs, such as
the Housing Authority, Community Development Block Grant (CDBG), gas taxes and roads, and
workforce development. Capital Project Funds were also primarily funded by other governmental
agencies for restricted purposes. Moving on, she explained Internal Service Funds were used to
track costs of internal services such as employee benefits and insurance, fleet and facility
maintenance and replacement, and information and communication services. She explained the
costs of these services were reflected within the other funds and recorded as department
expenditures. The rest of the funds, Fiduciary Debt Service and General Purpose Funds,
represented five percent of the city's overall budget, with similar restrictions on spending and the
remaining General Fund (GF), making up the remaining 17 percent of the total budget,
emphasizing this was where the bulk of the city's discretionary funding was found and used to
fund the city's core services.
Ms. Moreno reported the budget was structurally balanced with recurring revenues at $300.3
million and recurring expenditures at $299.6 million. She explained that other revenues, net of
transfers was $57.9 million into the GF, with other funds at $28.5 million and transfers out from
the GF to other funds of $85.5 million. The "transfers out," she explained were reflected as a
negative revenue thereby reducing the total revenues to less than $1 million. To further clarify
and provide greater detail, she presented a separate slide to explain if the "transfers -out" of $85.5
million were removed, it would leave the city with $385.8 million for sources of income, explaining
that, TOT makes up 39%, sales tax 21 %, property tax 18%, other revenues 15%, and "transfers -
in" completing at 7%. She continued, explaining that if $85.5 million (transfers -out) were moved
to ongoing uses, then 77% would be direct services, 20% supporting debt service, 2% capital
spending, and 1 % supporting economic development program, emphasizing that labor makes up
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76% of the total services budget. As a result, she advised the city was balanced for recurring
obligations, net of one-time expenditures.
Financial Sources: Ms. Moreno identified Transient Occupancy Tax (TOT), 15% tax on room
rates for stays of less than 30 days, as the largest GF resource making up 39% of the total, which
is locally controlled and the city keeps 100%. She reported the city expected receipt of TOT in
the amount of $150 million this fiscal year, an 87% increase over pre -recession levels, further
explaining Anaheim has 20,000 hotel rooms which equates to over seven million room nights
available per year, with an 80% occupancy rate the previous year. Ms. Moreno referred to a
chart illustrating current trends, showing the adopted budget representing an 8.2% increase over
the previous year, and at the half -way point, the city was slightly above the year-to-date (TYD)
budget so she expected to be right on target at year's end.
Ms. Moreno continued the next revenue sources was sales and use taxes at 21 % or $79.2 million
of the GF. She explained that sales tax applied to the sale of tangible, personal property
(something you could see, weigh, measure, or touch), including clothing, furniture, food products,
vehicles, and gasoline, but excluding entertainment and services, which were not taxable. The
tax rate in Anaheim is 7.75% of retail sales as of January 1, 2017, of which the city receives just
1 % of that tax rate. Ms. Moreno reported the sales tax came from a diverse and balanced
economy with nearly 30% from retail and the remaining 70% almost equally shared between
food, transportation, construction, and business -to -business categories. She showed a slide
depicting moderated sales tax growth with a projected 1.8% growth for FY16/17, and expected
sales tax revenues right on budget at year-end following one time revenue from second quarter
returns partially offset by lower growth during the third quarter of 2016.
The last of the "Big Three" revenues, Ms. Moreno reported, was property tax at 18% of the GF,
totaling $70.4 million. Property tax of 1% of the full cash value of all real and tangible personal
property applied across the state, of which the city receives a portion equal to 20% of the 1 %
basic levy. As an example, Ms. Moreno cited a home with an assessed value of $450,000 would
have a 1 % basic tax levy of $4,500 with the city receiving approximately 20% or $900. She
explained adopted property tax revenues were budgeted to increase by 4% over last year, with
revenues trending in line and projecting to be right on target for this revenue as well.
Ms. Moreno continued that other revenues, consisting of fees, permits, other charges, and
miscellaneous revenues, made up 15% of GF resources at a projected budget of $57.9 million.
She explained that the largest portion of these revenues belonged to fees and permits at 37%,
further noting such revenues were designated to pay for the services provided and could not
exceed the reasonable cost for providing that service. She reported staff was currently
conducting a citywide fee study to evaluate GF user and facility rental fees as well as
development impact fees, and expected to have a final report in the spring in order to incorporate
recommendations into the proposed FY17/18 budget. An additional 22% of other revenues were
intergovernmental services charges, representing fees for services provided by one department
to another, business license and property taxes made up 14% of the total, and refunds and
reimbursement revenue another 13%, with the balance including intergovernmental revenues
from other agencies, fines, penalties, and use of money or property in other areas usually called
interest and rent.
General Fund Uses: Ms. Moreno explained uses of GF revenues includes services, economic
development, debt service, and capital outlay with the largest piece being services with 77%
consisting of labor/personnel costs, including full time and part time personnel and related
benefits costs, as well as other operating expenses including office supplies, equipment
maintenance, contract services, and other operating -type expenditures. Debt service
expenditures represented prepayment of principal and/or interest on borrowed funds at 20% of
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the GF, with the majority of debt service transferred out and paid by restricted debt service funds.
Capital outlay represented the purchase of office equipment, furniture, computer hardware, and
vehicles, funded by unrestricted sources of $6 million of 2% of the GF and the remaining 1 %
equaling $3.4 million for economic development programs. Ms. Moreno showed a slide
highlighting the services portion of GF uses with a detailed breakdown by functional group:
Keeping Us Safe (Police and Fire): 66%; Ensuring Quality of Life (Planning & Building,
Community Development, Community Services, Convention/Sports/Entertainment): 17%;
Providing the Necessities (Public Works and Utilities): 7%; Supporting Activities (Finance and
Human Resources): 5%; and Administering Effective Government (City Administration, City
Attorney, City Clerk): 5%.
Five -Year Plan: Ms. Moreno explained the process for developing the five-year plan by looking at
revenues, projecting annual growth based on market conditions, looking at expenditures and
considering base inflation and anticipated changes in labor costs, transfers to other funds, and
long-term obligations to determine recurring base uses, and making sure we have the funding for
today's current services levels and what those will cost us in the future. She continued the net of
total sources and recurring base equaled the base surplus, which since 2013, had allowed the
city to add services strategically up to its maximum capacity while ensuring we could meet
obligations going forward. Any revenue over collection or expenditure saving in a single year had
been available for one-time projects benefitting the community without creating on-going
obligations. In FY16/17, a prior year surplus of $7.3 million was identified and then programmed
for one-time projects.
Ongoing Service Enhancements: Ms. Moreno stated, with Council's direction and support, the
city had been able to add on-going service enhancements over the five years since coming out of
the recession, spending $42 million on on-going services in neighborhoods, parks, and public
safety programs to positively contribute to the community. Highlights included: the addition of 13
officers in FY13 and FY14, 30 more police officers as part of Council's "40 -in -4" initiative, an
additional two police dispatchers, restoration of one fire company, the addition of three
firefighters, street improvements, and the expansion of after school, GRIP, and Cops -4 -Kids
programs. She explained that approximately 80% of the enhancements were focused on public
safety with 20% targeted at other areas of neighborhoods and parks.
In conjunction with on-going service enhancements, $26.1 million had been allocated for one-time
improvements between FY13 and the current year, funding community infrastructure and
neighborhood projects in Public Works, Planning & Building, and Community Services and public
safety enhancements in Police and Fire.
Debt Service: Ms. Moreno explained debt service comprised 20% of the GF, with the biggest
component related to resort improvement bonds. Ms. Moreno provided historical information
about the issuance of the resort improvement bonds and the calculations used to determine its
payments. Prior to issuance of 1997 bonds, the TOT rate was 12%. The city decided to increase
the TOT rate by 3% to help expansion in the Resort without putting the GF at risk, by keeping the
original 12% for the GF and allocating the additional 3% toward improvements, so that if
revenues did not come in as projected, no negative impact would be felt as the improvements
were only tied to the additional 3% rate. Additionally, a base was set in 1995 of almost $11
million for TOT and sales tax on Disney properties, increasable by inflation, but with any
additional increment set aside to service the bonds. The slide presented a look at current rates,
as follows: 3% of the 15% TOT (i.e. 20% of all TOT) was calculated to be $22 million per year;
100% of the increment above the base of Disney TOT/sales tax at $35.2 million ($10.5 million in
1995), and 100% of Disney property tax over 1995 base now $3.6 million (was $1 million); for a
total of $60.9 million. Remaining debt service applied to the convention center expansion.
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Council Member Murray asked for confirmation that this formula ensured no risk to the GF, with
Ms. Moreno explaining the formula was put into place so only the increment above the 1995 base
is transferred to the bond trustee to make the scheduled debt services payments until the
completion of the bond, at which time all monies would revert to the GF. Ms. Moreno further
explained that should revenues decrease, the requirements to pay the trustee also decreased
and only the funding on hand with the trustee would be available to pay the bonds.
Ms. Moreno confirmed the money received from taxes does enter the GF and is then used to pay
the bonds. Mayor Tait expressed his concern with potential impact to the GF based on these
bond payments in conjunction with $15 million for the Convention Center and $35 million
approved for hotels, out of the total $380 million GF. Council Member Murray clarified that the
bond payments were guaranteed to be paid based on the formula approved by the previous City
Council and Disney's contributions. Ms. Moreno confirmed the additional 3% of TOT was
dedicated to the bonds, revenues generated about the 1995 base plus CPI inflater for Disney
properties were allocated to the bonds, and the formula has served the city well throughout the
recession without having to make a fixed bond payment.
Council Member Moreno questioned the profits received by Disney as well as various aspects
concerning the Mickey & Friends parking structure. Ms. Moreno responded the city did not track
profits for the Disney company but that the parking structure was due to be paid off in 2037, and
agreed to return with additional information from the bond documents about the future ownership
and revenues of the parking structure.
Mayor Tait confirmed his vote in 1996 to support the California Adventure expansion through
bonds. Ms. Moreno confirmed that, over the base 1995 amounts plus inflation, Disney tax
payments currently resulted in approximately $22 million to the GF and $39 million to bonds,
adding that the city was obligated to pay the bonds until they were completely paid off but that the
formula allowed that if revenues went up, payments went up, and vice -versa. She further stated
that if revenues dropped below a certain level, Disney guaranteed payment of 50% of the junior
bonds.
In response to Mayor Pro Tem Vanderbilt's question about the remaining 50% of the junior
bonds, Ms. Moreno explained that if a catastrophic event caused revenues to drop so low, there
were a number of factors within the formula to keep the deal intact until the city could make
bondholders whole again, which could be extended out for 10 years. She further explained only
the September 1St annual payment included both principal and interest, which after the most
recent September payment of debt service, the city still had another two years of debt service on
hand with the trustee thereby providing a longer term until the balance would drop below zero and
impact bondholders or have any impact on the GF or services. Ms. Moreno further clarified for
Mayor Pro Tem Vanderbilt that core -level maintenance in the Resort District was paid via the GF,
but the enhanced maintenance such as twinkle lights, signage, and additional landscaping was
paid by resort properties via the Anaheim Resort Maintenance District (ARMD).
Council Member Kring reported the 1995/1996 bonds had been issued to upgrade the entire
resort, including undergrounding utilities, monument signs, beautification, and continuity, and
good management and structure of the bonds had allowed for payments with no negative impact
as well as providing additional monies for park and neighborhood improvements
Mayor Tait reported the recession had been felt by the city through the closure of fire stations,
fewer police officers, reserves reduced by about $30 million, and discussion of closing City Hall
every Friday; continuing that while the bonds were paid and had been fruitful, additional
payments regarding the Convention Center and hotels were risky and carried potential negative
impacts.
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Ms. Moreno confirmed for Council Member Moreno that the current base plus CPI increases was
roughly $22 million, about twice what it was in 1995, with the roughly $40 million over that level
paid to bond obligations.
Ms. Moreno referred to a summary chart of the net impact of the Resort to the GF, with a full
report available on pages 143-146 of the adopted budget. Revenues generated by the Resort
totaled $160.3 million with outflows to support the Resort totaling $92.7 million. The remaining
$70.6 million represented nearly % of the GF services budget available to provide core services
across the city, broken down by four neighborhood districts and to be shown across six Council -
elected districts in the proposed FY17/18 budget.
Accomplishments to Date: Ms. Moreno highlighted accomplishments from the first half of the
fiscal year, projects in process, and projects coming soon, as follows:
Police Department Community Outreach:
o Youth Programs: Public Safety Pipeline, Junior Cadets, Cops 4 Kids
o Community Programs: PACE presentations, Coffee with a Cop.
o Homelessness: Homeless Outreach Team (HOT) participation in the Anaheim
Homeless Collaborative, which to date has assisted 621 homeless neighbors get
off the street; HOT, Psychological Evaluation Response Team (PERT), and
community policing teams recent participation in a comprehensive census of the
homeless population in Anaheim with results available in the near future; key
player on the Orange County Sheriff's Department countywide homeless outreach
taskforce to develop best practices for consistent application across jurisdictions;
preparation for the opening of the county's multi -service center in 2017, perhaps
as soon as April; and the opening of a transitional storage center in June 2016 at
Anaheim Community Church on Ball Rd. near Beach Blvd to provide a location
where homeless neighbors on the west end of the city can store their belongings
while seeking outreach services.
• Anaheim Fire & Rescue:
o Installation of 29 traffic signal emergency vehicle preemption devices to reduce
response times by halting traffic and providing right-of-way to emergency vehicles
o Community Care Response Unit (CCRU) program fully operational, pairing a nurse
practitioner with a paramedic mobile unit to provide medical service directly in a
patient's home.
Community Services neighborhood improvements:
o Olive Hills Dog Park, opened August 2016, including one acre of open space, new
restroom building, and expanded parking lot
o New skate parks, including a 9,000 square foot skate park at Ponderosa park and
two skate parks at Palm Lane and Schweitzer Parks as part of a $500,000
donation by Disney
o STARS (study -time, arts, recreation, and sports) after-school program expanded
from nine to eleven sites
o Restoration of the arson -damaged Manzanita Park building
o Renovation and re -opening of the Euclid and Sunkist branch libraries
o Little People's Park new gazebo, picnic areas, basketball court, and other
improvements
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o On-going construction of the 22,000 square foot Ponderosa Park and Family
Resource Center
o Imperial Park playground, one of five Kaboom! funded playgrounds
o Overt Surveillance Park Camera Project initiated in November 2016 with phases 2
and 3 to follow.
Council Member Moreno questioned whether all the aforementioned projects were paid by the GF
or if some were paid by grants from Federal, State, County, or other agencies, to which Ms.
Moreno replied that most were paid from other sources than the GF, including park developer
fees. Council Member Moreno recognized the work staff performed to aggressively seek out the
grants to maximize opportunities and projects but requested clarification on the proportion of
funding that came from each various source.
Council Member Faessel referred to page 134 of the adopted budget where it showed over $12
million of the GF funding on-going and one-time service enhancements, including park
improvements and projects. Ms. Moreno clarified that projects were not always completed on the
same time -frame so the highlights were from the recent months but that about $20.6 million was
spent from the GF over the last five years, with roughly half toward parks and neighborhoods.
Council Member Murray clarified that maintenance and core funding also came from the GF,
along with the discussed capital improvements, with Ms. Moreno replying that roughly 20% over
the same time period was added back to parks and neighborhoods from the GF
Mayor Tait reiterated his concern regarding $15 million per year for the Convention Center and
$35 million for luxury hotels, yet roughly $2 million per year from the GF for capital projects in
parks and neighborhoods in city of 350,000 people. Council Member Kring responded that the
Convention Center expansion was paid by refinancing current bonds and would result in
additional conventions and attendees for NAMM, National Products, and the American Heart
Association, among others whose attendees would then stay in Anaheim hotels and provide
additional revenues to the GF.
Ms. Moreno continued that the Resort provided a net surplus of $70 million that could be re-
directed to neighborhoods, paid by tourists rather than residents. In response to additional
questions from Mayor Tait and Council Member Murray, Ms. Moreno reported the net surplus
from the Resort in 1995 was approximately 11 % and was now close to 25% of the GF. Mayor
Tait requested the actual numbers be provided for review.
City Manager Emery clarified that the numbers currently presented included net revenue, net
expenses, and bond payments to more accurately depict the entire budgetary picture, rather than
just gross numbers and percentages.
Future Proiects: City Manager Emery explained Community Services Director Brent Dennis
would outline possible neighborhood improvements that could be made with the availability of
certain resources of the balance of the current fiscal year along with staffs recommended
prioritization but requested Council direction prior to returning for appropriations. Mr. Dennis
reported staff had recently focused on revitalizing recreational and sports fields and was working
with the Trident, South, and Sycamore campuses to improve their fields in exchange for some
community access, with hopes of expanding that relationships and accomplishing more in the
coming years. Additionally, there was an increased focus on custodial services for the conditions
and cleanliness of restrooms, along with improved lighting and security considerations, working in
conjunction with the Public Works and Public Utilities Departments. He continued that out of 35
restrooms existing across the city's 57 parks, seven has been identified in need of total
replacement, and with a budget for major capital investments of $3.5 million, the focus would be
on facilities deemed antiquated and in need of essential upgrades, including some smart design
City Council Minutes of February 7, 2017
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improvements through collaboration with the Police Department to make the restrooms easier to
maintain, secure, and more inviting for the community through a combination of cosmetic
improvements, fixture updates, and ADA compliance improvements. He announced the seven
parks with recommended renovations:
• Boysen Park, District 4: $35,000 for renovation of one restroom facility along with
collaboration with Roosevelt School's master plan to address the other restroom facility
• John Marshall Park, District 2: $97,000 in renovations
• Brookhurst Park, District 1: just under $58,000 for south restroom renovation and
upgrades
• Pearson Park, District 3: about $62,000 for the west facility improvements
• Maxwell Park, District 1: $56,000 for western facility renovations
• Peralta Park, District 6: about $88,000 for necessary improvements,
• Edison Park, District 5: about $115,000 in renovations.
Mr. Dennis concluded that these top seven park projects totaled slightly more than % million
dollars in investments and renovation that would be justifiable and bring great improvements to
the communities to use their parks and have cleaner, well-maintained restrooms.
He then reported staff has looked at various ways to approach a system -wide assessment of the
park system, noting that issuing an RFP to hire a consultant to undertake the assessment would
take 18-24 months at a cost of $800,000 to $1,000,000. Staff was confident they could undertake
a similar assessment in-house, building off a foundation created in coordination with Cal State
Fullerton graduate students, in approximately 12 months for about $120,000 through a robust
community engagement process.
A third area identified by the community as a most noticeable and desired improvement, per Mr.
Dennis, was field improvements. He cited potential timing issues for re -seeding fields worn from
adult sports activities, as warmer weather was needed such as in late April/early May, in order for
the seed to germinate, but would then require closure of the fields for 3-4 months and the need to
work closely with the user groups on scheduling field time. He presented the top five fields for
renovation, as follows:
• Edison Park, District 5: identified as the most immediate need, $22,000
• Schweitzer Park, District 1: begin May/June, $70,000
• Pioneer Park, District 5: least costly at $16,000
• Riverdale Park, District 6: infields, $20,000
• Modjeska Park, District 2: being phase 1 in July, $70,000
Mr. Dennis reported the total cost of the field renovation work totaled just under $200,000 to
address those most beneficial for the park system, user needs, and to address wear and tear. He
further stated policies may be brought forward for Council consideration regarding permits for
pick-up play and number of participants to help address future impacts to the fields.
In response to Mayor Pro Tem Vanderbilt, Mr. Dennis stated the list of parks for renovations was
3-4 times as long as those presented, exclusive of dog parks; however noting the large dog area
of La Palma Park was being researched for possible use of decomposed granite to assist with
heavy wear. Other areas for future consideration and renovation through the system -wide
assessment would be basketball courts, tennis courts, sand volleyball courts, dog parks, trails,
and connectivity. He continued that other field renovations would likely be less costly than the
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$16,000470,000 range presented and would include a total figure in a comprehensive, prioritized
list.
In response to Council Member Faessel, Mr. Emery explained the proposed restroom repairs and
infrastructure was estimated to cost $510,176, with approximately $800,000 in unappropriated
funds that we could be used for balance of this fiscal year to address priorities expressed by
Council and the community about the needs in parks, maintenance, fields, and restrooms.
Ms. Moreno informed Council staff would bring back recommendations for park maintenance at
the next meeting for further discussion, with the total amount around $830,000 resulting from land
remnant sales that occurred late last year and not available during the budget planning process.
She then presented the upcoming budget calendar for next few months: departments were
currently working on preparing their FYI 7/18 budget proposals, proposals would be reviewed with
the City Manager over the next few months along with the strategic plan, review with the
executive team in April, proposed budget document available online late May, budget workshops
in June, with adoption anticipated for the June 20"' Council meeting.
Council Member Moreno requested a summary of the proposed budget as soon as possible to
allow public input by engaging residents through neighborhood district meetings. Additionally, he
shared his observation of not hearing about any expansion of the park system or additional open
space and requested information on staffing ratios and how that affects the services provided to
assist residents.
Council Member Murray thanked staff for breaking the budget down by neighborhoods and
highlighting revenue sources, and reported the six-year stretch of structurally balanced budgets
with restored cash reserves and increases to resident services. She also requested information
on the median salaries for hotel workers, their benefits, and how many were Anaheim residents
as well as a list of tax providers by industry, residential, and commercial.
With no further comments offered, Mayor Tait concluded the workshop.
ADDITIONS\DELETIONS TO CLOSED SESSION:
Acting City Attorney Kristin Pelletier reported the two Closed Session items related to anticipated
litigation related to unpaid Transient Occupancy Tax (TOT) owed by hotels under a recent court
decision and to unpaid TOT from a Short -Term Rental (STR) that had gone out of business.
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None.
CLOSED SESSION: At 4:31 P.M., Mayor Tait recessed to closed session for consideration of
the following items:
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California
Government Code Section 54956.9: One potential case.
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California
Government Code Section 54956.9: One potential case.
3. 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
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At 5:16 P.M., the council session was reconvened.
INVOCATION: Reverend Kim Skilling, Anaheim First Presbyterian
FLAG SALUTE: Council Member Dr. Jose F. Moreno
PRESENTATIONS: Recognizing Andy Alison for his donation to the Heritage Center of the
Anaheim Public Library (Dr. James Hovey Bullard M.D. Collection)
Jane Newell, Heritage Services Manager, introduced Andy Alison and described the collection of
materials he donated to the Heritage Center of the Anaheim Public Library on behalf of his family
and early Anaheim residents, Theodore Schmidt and Dr. James Hovey Bullard, including diaries
and medical journals.
Mayor Tait presented Mr. Alison with a recognition on behalf of the City and another from
Assemblywoman Sharon Quirk-Silva's office.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Proclaiming February 19-25, 2017, as National Engineers Week
Public Works Director Rudy Emami accepted the proclamation on behalf of the city's engineering
staff, reporting engineering advances had added 30 years to the human lifespan.
Proclaiming February 28 - March 5, 2017, as Peace Corps Week
At 5:28 P.M., the Anaheim Housing Authority was called to order (in joint session with the
Anaheim City Council).
ADDITIONS/DELETIONS TO THE AGENDA:
City Clerk Linda Andal announced Item No. 27 was a duly noticed public hearing for an
abandonment, with staff requesting the public hearing be continued to February 28, 2017. With
no objection, Public Hearing Item No. 27 was continued to February 28, 2017. No further action
taken.
PUBLIC COMMENTS (all auenda items): Prior to receipt of public comments, a brief decorum
statement was provided by City Clerk Linda Andal.
Cecil Jordan Corkern, Outreach Homeless Ministries, read from the Bible and offered comments
regarding Star Wars Land at Disneyland.
Mark Daniels described the experience his group had spending the night outdoors on the steps of
City Hall to bring attention to the plight of the homeless and requested the city seek assistance
from the federal government to address this far-reaching issue.
R. Joshua Collins read from the Bible, expressed concern for homeless individuals arrested at
Maxwell park, disagreed with comments that personal property was not removed for 24 hours,
requested an agenda item for him to share information, requested repeal of the camping
ordinance, and shared information from a report by the National Law Center on Homelessness
and Poverty that only 34% of 187 cities surveyed had a ban on camping in public. Additionally,
he described a solution from Miami Dade County, FL, whereby a 1% tax on food and beverage
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sales was dedicated to funding for homeless services and submitted a copy of the report to
Council.
Renee B. stated the homeless issue was an emergency that needed to be immediately
addressed via safe zones in advance of the shelter opening in April. She requested repeal of the
camping ordinance, defunding of the Homeless Outreach Team, and provision of mental health
counselors and social workers, and separately, for the city to not hire Steve Lodge.
William Fitzgerald, Anaheim HOME, commented on alleged false remarks about the removal of
personal property and lack of action by the Council on homeless issues. Regarding Item No. 15,
he requested the release of public records regarding water contamination in Anaheim.
Jeanine Robbins submitted documents and referred to a Department of Justice report where it
stated the homeless could not be criminalized if they had no shelter beds available and claimed
beds in Fullerton and Santa Ana did not apply to Anaheim. She requested an audit of policies
related to homelessness, repeal of the camping ordinance, information on how Homeless
Outreach officers were trained, a safe zone on the Karcher lot, and a special workshop where
updates could be provided.
Bart Williamson informed Council about an increase in loud automobile exhaust pipes.
Mayor Tait requested Acting City Attorney Kristin Pelletier look into the issue and provide
information to Council.
Mike Robbins cited an Orange County Register article that reported 200 homeless people died on
the streets of Orange County in 2016, requested repeal of the camping ordinance, sought
additional information on total costs to address homelessness including from the Fire Department
and local emergency rooms, and requested facilities be set up on the Karcher property.
Linda Lehnkering, Anaheim Poverty Task Force, advocated for the 'Housing First' approach of
permanent supportive housing with wraparound services, requested interim assistance through
bathrooms and showers, and asked for a city audit of costs and a special workshop on this issue
to address questions.
Lou Noble quoted the Bible, shared the experiences of various homeless individuals, and asked
for camping sites to allow for safety and survival.
Phillip Schwartze, spoke to Item No. 19, requesting experience be considered during
appointments to boards and commissions, particularly the Planning Commission due to its effect
on businesses, and suggested not replacing all commissioners at the same time but
implementing a phased approach.
Jim Cain, Anaheim Hills Community Council (AHCC), regarding Item No. 26, provided historical
information about the city's Fourth of July celebration events and funding sources, stating any
change to the current agreement with the Honda Center which resulted in $40,000 for the event
could cause a loss of funding and potential cancellation of the events.
In response to Council Member Moreno, Mr. Cain confirmed the Chamber of Commerce
had provided approximately $250,000 over the past five years.
City Council Minutes of February 7, 2017
Page 11 of 42
"The Cameraman" wished everyone a happy Black History Month and requested repeal of
Ordinance No. 6281, as in his view money was being wasted trying to enforce a failed ordinance
pertaining to marijuana. 'He provided suggestions for regulating dispensaries by controlling
business permits when State law went into effect in 2018.
Gretchen Shoemaker thanked the Council for recognizing Andy Alison and his generous donation
regarding Anaheim's history.
Bob Donelson offered comments on three issues: 1) Regarding Item No. 26, he recommended
profits from fireworks sales should be evenly distributed amongst the non-profit groups; 2) He
requested a homeless workshop at the community center to provide information and clear up
misunderstandings about the types of services offered; and 3) disagreed with hiring Steve Lodge.
Evelyn Nuno, William C. Velazquez Institute education and outreach coordinator, explained the
Institute focused on research, surveys, and increasing the political and economic participation of
Latino and underrepresented communities and was currently focused on climate resiliency
projects such as revitalizing the Los Angeles River, exploring water conservation policies, and
encouraging more local water sources, sharing more information could be found on their website:
www.wcvi.orq/groagua2016.
Trevor O'Neil, AHCC Chairman, spoke to Item No. 26, explaining the Fourth of July events were
coordinated through private funding without city subsidy and provided events for over 30,000
residents. He further explained that 60% of the event's funding came from sponsorships and
corporate donations and 40% came from the agreement with the Honda Center regarding
citywide fireworks sales, requesting any changes to the current method of sales should include a
mechanism to support the Fourth of July traditional events.
In response to Mayor Tait, Mr. O'Neil explained the entire event cost approximately
$100,000, fireworks being about $25,000 alone, and funding was received from private
donations, about $10,000 from sponsorships and runner fees for the 10k race, and
$40,000 from the Honda Center through the Anaheim Community Foundation as part of
the current fireworks sales agreement.
Tamara Jimenez, Anaheim Lighthouse, thanked Council, the Police Department, and the Fire &
Rescue Department for supporting and implementing the Drug Free Anaheim program, noting
their organization was proud to have served the first program participant.
Vern Nelson expressed disappointment that a special meeting had not yet been called to
address homelessness, questioned disparities in statements regarding confiscation of property,
described his experience camping at City Hall, and shared his wish that additional assistance for
the homeless would have been presented at the State of the City address.
Donna Acevedo -Nelson informed Council she came to meetings to stand up to bullies,
questioned where homeless individuals could find shelter and restrooms in the middle of the
night, and addressed officer -involved shootings.
Martin Lopez questioned why camping before Black Friday or a large parade was allowed but not
allowed for homeless people; requested a special meeting or workshop on the issue, repeal of
the camping ordinance, and provision of safe zones and restrooms; and expressed opposition to
hiring Steve Chavez Lodge.
City Council Minutes of February 7, 2017
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Theresa addressed the homeless issue by sharing she did not see movement by the city within
the 10 -year plan to end homelessness, reported a lack of affordable housing developments, a 7 -
year waiting list for Housing Authority vouchers, and encouraged Council to experience
homelessness firsthand.
Mayor Tait highlighted City actions including the Coming Home Anaheim initiative through
which about 680 people were no longer living on the streets, the opening of Rockwood
Apartments in conjunction with Jamboree Housing, the Drug Free Anaheim program to
address addiction, a forthcoming emergency shelter similar to Potter's Lane, and support
and financial contributions to the first County homeless shelter.
Victoria Michaels, District 3, invited anyone interested in the homeless issue to the next meeting
of the Anaheim Republican Assembly meeting on February 15, 2017 at 7 P.M. at the Phoenix
Club for a panel discussion by Tim Houchen, Lou Noble, Kristine Ridge, Lt. Craig Friesen, and a
representative from CityNet.
David K. brought Council's attention to an alleged epidemic of hit-and-run accidents in Anaheim
and throughout southern California, which in his view had drastically increased over the last three
years.
Nancy West described her experiences camping at City Hall and requested the city stop
criminalizing homeless people.
Brian Chuchua, regarding Item No. 26, suggested allowing non -profits to distribute or post their
flyers at the sales stand to increase their fundraising efforts.
Brian Kaye submitted documents and described his interactions with the Police Department.
Luis Zuniga, District 3, shared his view regarding Item No. 26 that fireworks were bad for the
environment and affected air and water quality. Regarding the homeless, he suggested the
Harbor Blvd. site as a temporary safe zone to help alleviate camping in the parks.
Greg Diamond echoed Mr. Chuchua's comments to let non -profits share the fireworks
fundraising, asked Council to investigate the removal of property from homeless people and allow
them to sleep overnight in ARTIC, suggested postponing Item No. 21 regarding agendizing power
until November 2018 to allow for review of previous Council comments on the issue, and
suggested a possible conflict of interest with hiring Steve Lodge due to his work for Hill
International.
Esther Wallace, WAND Chairperson and Magnolia School District Trustee, spoke to Item No. 19
and suggested retaining some commission members to provide history and experience.
Regarding Item No. 25, she claimed both Maxwell Park and Brookhurst Park were shared
between District Nos. 1 and 2 due to their physical location on the district boundaries of Magnolia
Avenue and Crescent Street, effectively reducing the number of park acres specific to District No.
1, and submitted written comments with more details.
COUNCIL COMMUNICATIONS: None.
City Council Minutes of February 7, 2017
Page 13 of 42
CITY MANAGER'S UPDATE:
Paul Emery, City Manager, highlighted upcoming workshops: Review of the Public Safety Board
and Introduction of the Sunshine Ordinance tentatively scheduled for February 28; and the Fire
Department Strategic Plan tentatively scheduled for March 7. He reported a County
representative would be requested to attend the next meeting to address homelessness and he
also provided an update on the conditions of Beach Blvd. and Ball Rd., including the former
Lyndy's Motel which was experiencing a problem with its lender and a reciprocal access
agreement with the adjacent gas station, noting, however, that Code Enforcement and the City
Attorney's office were working with the property owner on clean-up, security, and fencing issues.
At 7:13 P.M., Mayor Tait recessed the City Council to address the Anaheim Housing Authority
agenda and reconvened the City Council at 7:22 P.M.
CONSENT CALENDAR: At 7:22 P.M., the consent calendar was considered with Council
Member Moreno pulling Item Nos. 05 and 10 for further discussion and Mayor Pro Tem
Vanderbilt pulling Item No. 09. Council Member Kring then moved to waive reading in full of all
ordinances and resolutions and to adopt the balance of the consent calendar as presented, in
accordance with reports, certifications and recommendations furnished to each city council
member and as listed on the consent calendar, 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.
8105 4. Receive and file minutes of Sister City Commission meetings of October 24, 2016 and
November 28, 2016 and Public Utilities Board meeting of December 14, 2016.
6. Authorize a Hearing Officer to hear and opine on Public Contract Code and other
D175 construction contract -related disputes, with the exception of financial claims formally
filed with the City, appoint the Purchasing Agent as Hearing Officer and the Audit
Manager as alternate Hearing Officer, and delegate authority to manage and oversee
the duties and functions of this appointment to the Director of Public Works, or
designee, with support and guidance from the City Attorney's Office.
D180 7. Accept the bid from Mr. Window Cleaning, in an amount not to exceed $92,360, to
provide interior and exterior window cleaning services at various sites throughout the
City, for a one year period with up to four one-year optional renewals and authorize the
Purchasing Agent to exercise the renewal options, in accordance with Bid #8763.
8. Approve an agreement with Virtual Hold Technology, LLC, in the total amount not to
AGR- exceed $32,000 for the first year and $27,000 per extension year, for a virtual hold
10453 customer queueing and call back software system for one year with five one-year
optional extensions and authorize the Public Utilities General Manager, or designee, to
execute the agreement and any related documents and take the necessary actions to
implement and administer the agreement.
City Council Minutes of February 7, 2017
Page 14 of 42
C280 11. ORDINANCE NO. 6394 (ADOPTION) 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; DEV2014-00130) (5055 East
Short Street; rezoning from the Transition Zone to the RS -3 Single -Family Residential
Zone) (Introduced at meeting of January 24, 2017, Item No. 17).
C280 12. ORDINANCE NO. 6395 (ADOPTION) 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) (Introduced at meeting of January 24, 2017, Item No. 18).
M142 13. ORDINANCE NO. 6396 (ADOPTION) AN ORDINANCE 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) (Introduced at meeting of January 24, 2017, Item No. 19).
D114 14. Approve minutes of the City Council meeting of October 18, 2016.
END OF CONSENT CALENDAR 7:22 P.M.
D116 5. Approve proclamations recognizing Honor Guards of America for their community
engagement efforts in Anaheim, Young Kim, former 65th District Assemblywoman, for her
years of service to the residents of Anaheim, Peter Surowski, owner of Pete's Music
Shop, for 30 years of business in the City and his contributions to youth music programs
in the community, Sister Johnellen Turner and Sister Sandra Rees for 50 years of service
to St. Catherine's Academy, and the House of Blues Grand Opening.
City Manager Paul Emery announced this was a recurring item to approve Council requests to
recognize individuals, groups and organizations for their achievements and/or contributions to the
Anaheim community.
DISCUSSION: Council Member Moreno voiced his concern about providing a proclamation to
Assemblywoman Young Kim as he believed some proclamations were taking on a
political/electoral tone as well as that proclamations should be presented to those who had
served their community for several years, not just two years as in this instance; further stating he
would not support this proclamation.
Council Member Murray reported the Council acknowledged elected officials and volunteers in
the past and this was simply an official thank you for Ms. Kim's service to her community during
her tenure in office.
Mayor Pro Tem Vanderbilt questioned if other Assembly Members, such as Assemblymen Don
Wagner or Chris Norby, have received proclamations with Deputy City Manager Greg Garcia
explaining it was not the practice to automatically recognize former members but that Lou Correa
has been recognized for his service in the State Senate upon the request of a Council Member.
Council Member Murray stated she would be agreeable to drafting a proclamation for former
Assemblyman Don Wagner as well the other assembly members who left office in the last cycle.
City Council Minutes of February 7, 2017
Page 15 of 42
MOTION: Council Member Kring moved to bifurcate the item and approve all recognitions with
the exceptions of the proclamation recognizing former 65"' District Assemblywoman Young Kim,
seconded by Council Member Murray. APPROVED VOTE: 7-0. Motion carried.
DISCUSSION: Council Member Barnes stated her concerns as the proclamations were signed by
all Council Members, thus the perception that they all advocated for the proclamation. In
response, Council Member Murray confirmed the proclamations were a way of saying thank you
for their services to the community.
Council Member Moreno clarified he was not singling out any individual but preferred to assign
deeper meaning to proclamations and avoid any political motivations, further explaining each
Council Member could issue their own certificates of appreciation and gratitude to anyone they
chose.
MOTION: Council Member Kring moved to approve the recognition of former 651'
Assemblywoman Young King, seconded by Mayor Tait. APPROVED VOTE: AYES — 6 (Mayor
Tait and Council Members Vanderbilt, Barnes, Kring, and Faessel); NOES —1 (Council Member
Moreno). Motion Carried.
AGR- 9• Award the contract to the lowest responsible bidder, Asplundh Construction Corporation,
10454 in the amount of $7,139,000 for the Anaheim Resort Electric Line Extension Project and
authorize and direct the Finance Director to execute the Escrow Agreement pertaining to
contract retentions.
RESOLUTION NO. 2017-015 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adopting the Mitigated Negative Declaration and Mitigation Monitoring
Plan No. 2016-006 for the Anaheim Resort Electric Line Extension Project supported by
those findings required by the California Environmental Quality Act.
Council Member Barnes declared a conflict and left the dais at 7:34 P.M.
Dukku Lee, Public Utilities General Manager, reported the project consisted of construction of
high-voltage lines that would serve the Disneyland Resort expansion, with reimbursable
construction costs of the bid amount of $7.1 million for construction, electrical materials,
engineering, inspection, permits, etc. He further explained that developers could choose between
two options to obtain electrical services; 1) Public Utilities would install the infrastructure in public
roadways and be reimbursed, as chosen in this current project and recently with the Kaiser
Hospital on La Palma, or 2) the developer would construct the infrastructure themselves and
transfer ownership to the City upon completion, inspection, and approval. He added by utilizing
public contracting the City could exercise better control over the contractor and could withhold
payment if the construction did not meet utility standards or public works roadway specifications,
assess liquidated damages for non-performance, address public concerns and customer issues
more expeditiously, ensure that prevailing wage was paid, and validate that the contractor has
posted the requisite bonding and insurance to perform the work. Mr. Lee concluded that
construction work for this project was expected to be completed in approximately 21 months.
DISCUSSION: Mayor Pro Tem Vanderbilt questioned the use of various substations as depicted
on Attachment No. 6 to the staff report to increase reliability and provide back-up, with Mr. Lee
clarifying that Switching Stations No. 13, 14, and 15 on the map were not new substations but
scaled-down versions on Disney's own property to serve as the points of connection within the
City Council Minutes of February 7, 2017
Page 16 of 42
Disney Resort to transfer power to their attractions. Mr. Lee further explained the switching
stations took power from existing substations and were not dependent on a new substation, but a
new substation was currently in the bid process, would serve all the major developments in the
Platinum Triangle, including the new load from LT Platinum, and would provide operational
reliability.
MOTION: Council Member Faessel moved to approve Item No. 9, including a RESOLUTION to
adopt the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 2016-006 for the
Anaheim Resort Electric Line Extension Project supported by those findings required by CEQA,
seconded by Council Member Murray. APPROVED VOTE: AYES — 6: (Mayor Tait and Council
Members Vanderbilt, Murray, Moreno, Kring, and Faessel); ABSTAIN —1 (Council Member
Barnes). Motion Carried.
Council Member Barnes returned to the dais at 7:40 P.M.
10. Approve the Lease Agreement with Orange County Water District, Lease Agreement
AGR- with Orange County Flood Control District, and License Agreement with Southern
10455 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
AGR- Avenue and Frontera Street; authorize the Community Services Director, or his
10455.1 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
AGR- implement and administer the Agreements and authorize de minimis changes that do
10455.11 not substantially change the terms and conditions of the Agreements approved hereby,
as determined by the City Attorney's Office; authorize the Community Services Director
and the Planning Director, or their designees, to waive the cost of staff time and
associated fees for a General Plan Amendment/Rezoning request by the Orange County
Water District; and approve in the naming of the entire park as Anaheim Coves (continued
from January 24, 2017, Item No. 14).
RESOLUTION NO. 2017-016 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 Project and making the required
environmental findings pursuant to the California Environmental Quality Act (CEQA)
(continued from January 24, 2017, Item No. 14).
Mayor Tait declared a conflict and left the dais at 7:40 P.M.
Brent Dennis, Community Services Director, reported Anaheim had worked on this multi -agency
initiative for two to three years to address park shortages by adding an additional nine acres to
the existing 14 acres known as Anaheim Coves through three separate agreements: 1) Southern
California Edison —1.2 acres; 2) Orange County Flood Control District —1.5 acres; and 3) Orange
County Water District — 6 acres. He highlighted community use and enjoyment of the area and
acknowledged the city would inherit some maintenance responsibilities of the additional acres
with budgetary impacts reflected in the staff report. He explained some professional courtesies
were negotiated throughout the cooperative process with the other agencies including fee
waivers. Mr. Dennis thanked staff for obtaining nearly $2 million in grants to help fund the
development, further stating the project needed to start in late spring to meet certain stipulations
of the grants and critical deadlines and shared illustrations of park amenities such as the
children's park or playground, focus on the environment and native habitats along the river and
City Council Minutes of February 7, 2017
Page 17 of 42
waterway corridor, healthy aspects for recreational walking and biking, and commuter
capabilities. He concluded staff requested Council approval of three lease agreements, with
increased maintenance responsibility for the department expected to cost $65,000 annually and
annual lease payments of $7,500 to Orange County Flood Control District and $1,356 to
Southern California Edison.
DISCUSSION: Council Member Moreno thanked staff for their inter -agency work to bring more
open space and amenities to residents and explained he had pulled this item to obtain additional
clarification about this project and any relation to the Ball Road Basin property and the
maintenance of open space and/or a sports complex in lieu of commercial zoning.
Mr. Dennis explained any re -zoning would go through the standard process with any final
decision made by Council, and that one sports park proposal along the corridor could include at
least four soccer fields with the possibility of underground parking and other important amenities,
provided enough funding was secured.
City Manager Paul Emery further explained the current actions did not preclude any future action
for what was considered at the Ball Road Basin and included waiving fees for the Orange
Counter Water District to process their application. He confirmed for Council Member Moreno
that the waiver of fees did not create an expectation that re -zoning would be approved not
preclude any future action by either the Planning Commission or City Council.
Mayor Pro Tem Vanderbilt confirmed no zoning change was required for the bike trail as open
space and questioned whether the City should also currently re -zone the surrounding area to
open -space to facilitate the proposed soccer fields.
Mr. Emery explained any re -zoning would call for separate Council action and the current action
had no bearing on what the ultimate zoning would be, only for fees to be waived so that the
property owner could process an application. He further explained should Council desire to have
a more robust discussion on the future of the Ball Road Basin and what would be entailed in
developing it as a sports park, that would have to be addressed separately from the current
actions of approving lease agreements and waiving of fees, which he stated, the applicant could
undertake with or without Council action at tonight's meeting.
Mayor Pro Tem Vanderbilt expressed concerns with a provision in the staff report of a waiver of
$37,000 worth of staff time to process the OCWD application regarding the Ball Road Basin in
exchange for the bike trail area. Mr. Emery explained the fee waiver request was for the
consideration process as any property owner could seek zoning amendments and did not dictate
what ultimate decision would be made. He further noted staff was working professionally with the
other agency to waive fees, taking into account the terms of the proposed lease and the long-
term needs of the Anaheim Coves area.
Mayor Pro Tem Vanderbilt explained the challenge in considering the sequence of proposed
events regarding the lease agreement and fee waiver and stated his belief that it was
counterproductive to offer a credit on processing an application for re -zoning that did not match
the Council's interest in retaining open space for soccer fields. Mr. Emery responded the
information has been included in the staff report for transparency and recommended an agenda
item at a future meeting to discuss fiscal implications and opportunities in relation to the Ball
Road Basin.
Acting City Attorney Pelletier stated re -zoning of the Ball Road Basin was not relevant under the
City Council Minutes of February 7, 2017
Page 18 of 42
current agenda item, but could possibly be discussed during Item No. 24 regarding full
assessment of city parks and could be specifically agendized for a future discussion of what the
city's intent was with respect to the Ball Road Basin project.
In response to Mayor Pro Tem Vanderbilt, Mr. Dennis explained one extension had been granted
for the active transportation grant as awarded in 2014-2015, but such extensions were difficult to
seek and obtain. Additionally, in terms of urgency, Mr. Dennis explained continuation of the item
by Council would change terms of the agreement and require OCWD to pull the item from their
agenda, which was set for consideration the following week, and cause everything to be moved
back onto meeting calendars for both agencies. Mr. Dennis suggested Council at least consider
approval of the CEQA portion which would allow important parts of the project to move forward
and support the efforts and hard work of the staff over the past several years.
MOTION: Mayor Pro Tem Vanderbilt moved to approve Item No. 10 as recommended by staff,
with the exception of paragraph 4 regarding the fee waiver, seconded by Council Member
Barnes.
DISCUSSION: Mr. Emery clarified for Mayor Pro Tem Vanderbilt that Item No. 4 had to do with
costs of the reimbursement component but under previous action items there was the agreement
with OCWD and, without the cost reimbursement agreement, the lease agreement could not take
place.
In response to Council Member Murray, Mr. Dennis explained a delay would cause staff to
request another extension on the grant funding which could affect long-term credibility, an
increase in time -frame, additional financial terms that may need to be re -negotiated with OCWD,
and approximately eight weeks to be placed back on their agenda for consideration. He further
explained the sensitivity in the terms with OCWD and staffs cooperative work to yield the terms
and solutions currently being presented. Council Member Murray expressed concerns that by not
moving forward, the agreement would be null and void, the process would re -set, and the County
could reconsider the project in its entirety
Council Member Faessel disagreed that waiving staff time regarding the proposed general plan
amendment in any way caused the City to lose the Ball Road Basin as anything else other than a
park, and the agreement with OCWD provided a courtesy whereby they had the opportunity to
come before the City's Planning Department and move towards a rezoning, with ultimate decision
to be made by Council. He stated his support for the recommended actions. While the sports
complex was not currently under consideration, he hoped the City could find a way to support and
afford it when it was ultimately proposed. He concluded that he did not support the current
motion of excluding Item No. 4 as he believed it would jeopardize the plan and project to support
the community.
AMENDED MOTION: Council Member Faessel moved to approve Item No. 10, as presented,
including, 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 Project and making the required environmental findings pursuant to the
California Environmental Quality Act (CEQA), seconded by Council Member Kring.
DISCUSSION: Council Member Moreno requested assurances from the other Council Members
that the site would remain open space in order to make it clear to staff and OCWD that the
Council had no interest in rezoning that space from open space to anything else. Acting City
Attorney Pelletier advised such discussion and action would require a public hearing under a
separate agenda item and waiving fees did not preclude any future action on this and were
City Council Minutes of February 7, 2017
Page 19 of 42
unconnected and said a vote should not be taken on the ultimate disposition of that property as it
was against the Brown Act.
Addressing Council Member Moreno, Council Member Faessel stated the plan for the property as
a sports complex or open space was not currently clear nor budgeted for, stating action needed
to be taken on the current item under consideration.
Council Member Murray requested Mayor Pro Tem Vanderbilt, as the City's representative on
OCWD, share the tone and temperament of the Council's discussion at the OCWD meeting;
believed it worthwhile to have a future agenda item on what Council would like to see on the
available parcels at a later date; and expressed her support for the item as a lot of time, energy,
expense, and worthwhile public value was invested in its approval.
In response to Mayor Pro Tem Vanderbilt, Planning Services Manager Jonathan Borrego
explained discussion with OCWD included potential trade-offs of space through a proposed
amendment to the general plan to ensure no net loss to the City of any open space. He further
explained staff discussions included consideration of open spaces on other properties, including
designations within the Coves project, highlighting work on the Northeast Area and Anaheim
Canyon Specific Plans where several existing basins were re -designated to open space. He
further stated no commitments had been made and staff had been careful all along not to make
any commitments with respect to the Ball Road Basin and consideration of the fee credit as it
related to the Ball Road Basin application in no way impacted the Planning Commission and City
Council's decision on the Ball Road Basin.
Mayor Pro Tem Vanderbilt expressed concerns with potential future arguments that open space
had been conveyed even though it was already open space and a resultant loss of net acreage.
He also requested assurances for public access to designated open spaces, and questioned the
original zoning of the Coves, with Mr. Borrego replying it was a combination of water use and
open space. Additionally, he explained any trade of open -space would likely be equal but no
commitments have been made, noting previous gain of open spaces during previous work with
OCWD in the Canyon, including an installation of a public trail around the water basin recently
developed on the Pannatoni site.
MOTION: Council Member Kring moved to call the question, seconded by Council Member
Faessel. VOTE: AYES — 4 (Council Members Murray, Barnes, Kring, and Faessel); NOES — 2
(Mayor Pro Tem Vanderbilt and Council Member Moreno); ABSTAIN -1 (Mayor Tait). Motion
carried.
AMENDED MOTION: Council Member Faessel moved to approve Item No. 10, as presented,
including RESOLUTION NO. 2017-016, 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 Project and making the required environmental
findings pursuant to the California Environmental Quality Act (CEQA), seconded by Council
Member Kring. APPROVED VOTE: AYES — 5 (Council Members Murray, Barnes, Moreno, Kring,
and Faessel); NOES -1 (Mayor Pro Tem Vanderbilt); ABSTAIN —1 (Mayor Tait). Motion carried.
Mayor Tait returned to the dais at 8:35 P.M.
City Council Minutes of February 7, 2017
Page 20 of 42
D182 15. Receive and discuss information on groundwater quality.
Michael Moore, Public Utilities Assistant General Manager, explained the City provided about 20
billion gallons of water each year to its customers, sourced from less than 1 % recycled water
produced at the Recycled Water Plant for irrigation, 30% imported through Metropolitan Water
District from outside the region, and 70% produced locally through 19 groundwater wells that
pump water from ground basin. He said that the amount of water that is taken out of the water
basin is managed by the Orange County Water District (OCWD), and Mike Wehner, Orange
County Water District Assistant General Manager, would explain how the basin is managed in
terms of supply and quality of the water that comes out of it.
Mr. Wehner explained OCWD managed ground water quality through replenishment, by putting
water in the ground, and by managing how much water could be extracted from the ground. He
said they monitor and protect ground water quality of both the water that goes into the ground
from the various sources of replenishment and the quality of the water at the various wells,
monitoring wells and production wells that serve the users of the groundwater basin. He said the
basin serves about 2.4 million people and provides about an average of 75% supply, holding
about 20 trillion gallons of water but with a limited operating range of about 500 billion gallons of
water, which this gives them the ability to try and avoid problems like subsidence from over
drafting the basin.
He explained how the operations of OCWD control the quality of water going into the ground
through percolation basins in Anaheim and Orange and through reliance on the soil aqua
treatment process, a natural process to purify the water from the Santa Ana River, imported
water, and rainfall. He continued that advanced purification of recycled water required minerals
be added back into the water, prevented seawater intrusion, and improved groundwater quality by
removing bacteria, protozoa, micro-organisms, viruses, and chemicals; further tested by the
Advanced Water Quality Assurance Laboratory.
DISCUSSION: In response to Mayor Tait's question about the quality of water received by
Anaheim homeowners and businesses, Mr. Wehner explained they had extensive monitoring
systems and were regulated by the State Water Resources Control Board, the Regional Board,
and the Division that regulates drinking water supply.
Dukku Lee, Public Utilities General Manager, added that in addition to the OCWD testing, the City
performed its own testing on the City's water system and the pipes through which water flowed to
customers, with the information posted in the Annual Water Quality Report. Mr. Lee confirmed for
Mayor Tait that all water supplied to customers was tested by OCWD, tested by the City, and also
disinfected by the City. Regarding MWD water imported from the Colorado River for the
California Water Project, Mr. Lee stated it was treated and that any untreated water that was
purchased went to the filtration plant for treatment and disinfection.
Mr. Wehner stated OCWD monitored the ground water quality extracted from the basin with
Anaheim providing disinfection and managing the distribution system. He added chloroform
testing was done to look at the microbial quality of the water in the distribution system as well as
other testing like disinfection for by-products, lead, and copper.
In response to Mayor Tait, Mr. Lee addressed the issue surrounding the dental clinic and reported
the Orange County Health Care Agency indicated there was something on the dental clinic side
as they provided another set of filtrations for their purposes and that was when their issue arose.
He continued that there were minerals in the drinking water which may not be pertinent for dental
clinics which may need to be removed to meet dental standards, but the water supplied by the
City was disinfected and tested. Mr. Lee reported the water testing system for both OCWD and
City Council Minutes of February 7, 2017
Page 21 of 42
the City met the Federal and State standards and the testing procedures must be reported and be
audited.
Mr. Lee responded to Mayor Tait's question regarding a request for public records, that the
request sought records pertaining to information within the dental clinic as referenced in an article
from the Orange County Register, and as the City did not have information regarding systems
inside the dental clinic, there were no records to provide in that respect but that water quality
information which had a summary of City's testing procedure and testing results was produced.
He continued that reports from within the clinic itself could be obtained from the County Health
Agency and the American Dental Association.
Mayor Pro Tem Vanderbilt asked if water was also tested randomly from customer's faucets in
homes or businesses, to which Mr. Moore answered that over 44,000 tests were done each year,
some of which were conducted daily and some monthly, with most tests taken at 50 static
stamping sites throughout the city, but also on-site residential tests performed for lead and copper
at select homes and analyzed at no cost to the residents.
In response to Council Member Faessel, Mr. Lee answered the City was not aware of any
additional dental clinics with water quality issues. Mr. Wehner reported no other dental clinics
has reported similar problems to the Health Agency. Mr. Moore further confirmed for Council
Member Faessel that the City's water supply was the same in the vicinity of the dental clinic as
provided throughout the city.
Mayor Tait reported no action was needed as this item was a discussion for public information.
D114 16. RESOLUTION NO. 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 (continued from January
24, 2017, Item No. 20).
DISCUSSION: Council Member Faessel reported his research that the Metropolitan Water
District has a $250,000 authority for their general manager to approve contracts without board
consideration and then questioned, if this item was approved, what would occur with professional
services agreements for contracted Council aides which exceeded $50,000, to which City
Manager Emery replied the agreements would have to come before Council for review. Council
Member Faessel stated his concurrence with the current cap for City Manager authority at
$100,000.
Council Member Kring reported the each council member currently had a budget up to $71,000
for aid purposes; stated RFPs over $20,000 were posted on the website for transparency
purposes; noted the Purchasing Manager had an approval limit of $100,000; and provided her
opinion that reducing the City Manager's authority from $100,000 to $50,000 was not warranted
and would negatively impact City business.
Mayor Tait responded that his vote would be about policy, rather than an individual City Manager,
and thought it reasonable to have a $50,000 limit to allow more public review of larger contracts.
In response to Mayor Tait, City Manager Emery reported he had signed 31 contracts between
$50,000 and $100,000 over the past year which would average about three items monthly that
would come before Council for consideration if the limit was reduced. Mayor Tait referred to an
approximately $70,000 contract pertaining to a proposed performing arts center on the Stadium
parking lot which was executed by the City Manager but for which he had no prior knowledge and
City Council Minutes of February 7, 2017
Page 22 of 42
believed public debate and awareness was not unreasonable, further stating most contracts
would likely come forward as part of the consent calendar.
Mayor Pro Tem Vanderbilt stated he had not previously considered Council Member Faessel's
question regarding Council aide contracts and thought it may be possible to remove that type of
contract from this policy. He referred to the data of how many contracts may be considered by
Council and stated he believed it provided transparency and, like any other issue, thought the
policy should be discussed and decided by Council.
Council Member Kring reported the consultant contract for the Performing Arts Center was
approved in 2014, prior to Mayor Pro Tem Vanderbilt's election to the Council, referenced several
consent calendar items which had been pulled recently and resulted in lengthy discussion, and
reiterated she did not support lowering the signing amount for the City Manager.
MOTION: Council Member Kring moved to deny Item No. 16, seconded by Council Member
Murray for discussion purposes.
DISCUSSION: Council Member Murray stated she understood Mayor Pro Tem Vanderbilt's
concern with reviewing and establishing public policy, and further stated that this comes down to
the process whereby the City has a charter in place that dictates a Council -Manager form of
government with Council setting the budget and general policy and hiring and entrusting staff to
run the day-to-day operations of the City and with that comes authorization in order to do so. She
expressed her support of Council Member Kring's motion because she felt there was not a high
enough bar of objectionable issues with the existing authority that was set to necessitate a
wholesale policy change.
Council Member Moreno thanked Mayor Pro Tem Vanderbilt for bringing this item forward and
stated his support, referencing a lower authority limit at the school district which did not interfere
with the work being done. He believed this action did not mean a lack of trust in the City Manager
but would provide appropriate oversight by the Council in their service to the public and did not
believe three additional staff reports per month was excessive, further believing the Council aide
contracts should be agendized for public awareness.
MOTION: Council Member Kring moved to deny Item No. 16, 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, seconded by Council Member Murray. VOTE:
AYES — 3 (Council Members Murray, Kring, and Faessel); NOES — 4 (Mayor Tait and Council
Members Vanderbilt, Bames, and Moreno). Motion failed.
MOTION: Mayor Pro Tem Vanderbilt moved to continue Item No. 16 to February 28, 2017 to
allow discussion of making an exception for Council aide contracts, seconded by Mayor Tait.
APPROVED VOTE: 7-0. Item No. 16 was continued to February 28, 2017.
D175 17. 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 (continued from January 24, 2017, Item No. 25).
Rudy Emami, Public Works Director, reported Council previously unanimously approved
Resolution No. 88R-124 that delegated authority to the Public Works Director to execute change
City Council Minutes of February 7, 2017
Page 23 of 42
orders up to the greater of $10,000 or 10% of the contract award under the premise that change
orders were necessary and desirable for public safety and benefit, formalizing an established
administrative practice that was already in place for 30 years to avoid delay costs to the city and
impact and delay on completing the construction. Mr. Emami continued that the Public Works
Department administers and manages diverse construction projects for city infrastructure and
consistent with California Public Contracting Code, and shared survey data that other California
cities with public utilities showed a contingency range of 10% to 25% implemented for change
order authorization. He also shared an analysis of Anaheim's projects completed in the past year
and information on checks and balances currently in place thorough documentation of the change
order and three -party review prior to approval of the change order. Additionally, he reported the
department was subject to both internal and external audits by State and Federal regulatory
agencies for funding reimbursement and no findings were detected on the administrative
procedures for change order approval. He explained before the change order was presented to
the Director of Public Works, it was reviewed by staff at various levels who were involved in the
project, with benefits of the current process helping the city to act in a timely and efficient manner
to avoid potential delays, unnecessary costs, and negative impacts that would be caused by such
delays. Mr. Emami concluded his presentation by offering suggestions to limit individual change
order signing authority to $250,000 to $400,000, posting all change order information on line, and
additional review and approval by the City Manager over the Director's limits.
DISCUSSION: Council Member Moreno explained this was brought forward following concerns
expressed by a resident and thanked staff for reviewing the topic with him and providing a
thoughtful set of solutions to modify this resolution and maintaining it at 10% overall project limit
but if a change order went over a certain amount, the limit could be discussed by Council,
recommending $50,000 as a low threshold.
Council Member Faessel suggested a cap of $250,000 in similar fashion to the Metropolitan
Water District.
Dukku Lee, Public Utilities General Manager, explained the current cap was 10% on a contract
award and the recommendation by Mr. Emami was a $250,000 individual change order limit and,
if exceeded, such change order would have to be brought before the City Council.
Mayor Pro Tem Vanderbilt requested additional clarification, citing for example a $10 million
dollar project where 10% would be $1 million. Mr. Emami explained staff was seeking authority
for the Public Works Director to approve individual change orders up to $250,000 and should
there be four change orders of that amount then anything after that, even $1, would have to be
brought to Council for approval. Additionally, after the first two change orders were approved and
hit $500,000, additional approval by the City Manager would be required so that the City Manager
was aware that they were getting at the halfway mark of the contingency.
Mr. Emami further confirmed for Mayor Pro Tem Vanderbilt that the focus was on excessive
change orders and large projects in order to keep projects moving efficiently but providing for
Council awareness of momentous changes, clarifying that in the previous example a change
order of $260,000 would require Council approval.
Council Member Moreno expressed concern that under the current policy on a $10 million project,
the Public Works Director had the authority to do a change order of $1 million with no Council
awareness, to which Mr. Emami restated the checks and balances process that was undertaken
before it came to the Public Works Director for approval. Council Member Moreno explained that
some change orders needed to be implemented within a brief period to avoid raising the cost of
the project, so if it was over a certain limit, approval could sought from the City Manager who
City Council Minutes of February 7, 2017
Page 24 of 42
would then report it to Council at the next meeting, which would avoid delay of the project and
require two authorized signatures to approve change orders of this limit.
Mr. Emami explained staffs recommendation for additional approval was in the range of
$250,000 to $400,000 and what the Council was comfortable with, where if the minimum of the
range was selected for the Director's authority of $250,000, anything above $250,000 up to
$400,000 would require City Manager approval, but anything above $400,000 or once the 10%
threshold was reached, would have to come to Council for approval. This, he said, would give a
tiered approach but recommended that anytime 50% of the contingency was reached, staff would
notify the City Manager and a report would be made to Council as well.
Acting City Attorney Pelletier recommended memorialization of the discussion via future action
and City Manager Emery suggested Council had provided enough communication through the
discussion for staff to bring back options in terms of moving forward.
No additional action was taken by Council.
8105 18. Appoint or reappoint representatives to serve on the Anaheim Union High School District
Foundation, for a one year term ending December 31, 2017 (currently held by Mayor Tait,
Mayor Pro Tem Vanderbilt, and staff, Tom Morton) (at least two appointments, no more
than three).
APPOINTMENT: Mavor Tom Tait
APPOINTMENT: Mavor Pro Tem Vanderbilt
MOTION: Council Member Kring moved to appoint Mayor Tait and Mayor Pro Tem Vanderbilt to
serve on the Anaheim Union High School District Foundation, seconded by Mayor Tait.
DISCUSSION: Mayor Tait questioned whether three appointments could be made with Mayor
Pro Tem Vanderbilt explaining the Foundation Board was considering modifying their bylaws to
reduce the total number of members so they were more likely to have a quorum for their meetings
and said he had received requests from a few people that he would like to nominate.
City Clerk Linda Andal explained the Foundation reorganized their Board. Currently the Anaheim
City Council had three appointments to that Board and the Foundation did not want to remove an
appointment from this Council and instead left it up to the Council to decide, so that by appointing
two members the Council would signal to the Foundation their acceptance of having just two
appointments and the transfer the third appointment to the Foundation and the Foundation would
subsequently amend their bylaws accordingly.
Mayor Pro Tem Vanderbilt explained he struggled to understand how Council made appointments
to a private foundation and thought Council Members could be appointed independent of formal
action. He suggested if he could nominate a couple of individuals who expressed an interest for
the two seats so they could move forward and he could approach the Foundation separately and
ask if they would be interested in putting him on the Board as a private citizen not a member of
Council. Mayor Pro Tem Vanderbilt explained it wasn't that he wasn't interested in serving on the
board but that he was concerned with Council appointing to a private entity.
Mayor Tait suggested moving forward with the current appointments so the Foundation could
continue to meet but acknowledged good points raised by Mayor Pro Tem Vanderbilt that could
City Council Minutes of February 7, 2017
Page 25 of 42
be considered at a later date. Ms. Andal confirmed an appointment was necessary but
recommended Mayor Pro Tem Vanderbilt still meet with the Foundation Board as he
recommended. She further explained the Board restructured their Foundation to assist with
obtaining a quorum at their meetings and were hopeful that this Council would release one of
their appointments and also removed the mandate that one of the appointments be a sitting
Council Member. She said at this juncture, the Council could appoint any resident or city
employee, per Council policy, whereas previously the Foundation's bylaws required that the
representative be a member of this Council.
MOTION: Council Member Kring moved to appoint Mayor Tait and Mayor Pro Tem Vanderbilt to
serve on the Anaheim Union High School District Foundation, seconded by Mayor Tait.
APPROVED VOTE: 7-0. Motion carried.
19. Review the composition of all City Council appointed boards and commissions, which
includes discussion and direction to staff relating to the terms of office, the manner in
B105 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 and the transition of members, as applicable (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) (continued from January
24, 2017, Item No. 22).
DISCUSSION: Mayor Tait explained he brought forward discussion of the way Boards and
Commission members were appointed in response to the Measure M vote of the people who
voted for district elections, as roughly 70% of the people voted for district elections in every single
precinct, and he thought for consistency in governance it made sense to allow each Council
Member to appoint someone from their district to serve on each board and commission. He
continued, for the next two years, the remaining at -large council members and mayor could
appoint the remaining members with the process finalized after the 2018 election. He added the
board and commission members would serve at the pleasure of their appointing council member
with a coinciding term of service.
Council Member Faessel expressed his concern was doing the right thing while ultimately arriving
at representation from each district, but he was not supportive of removing all members
simultaneously and preferred a transitionally, phased approach. He presented Council a
proposal that displayed the current positions held by members on each Commission, which
districts they fell under, when their terms would expire, and a proposed cycle of them being
replaced by new appointees. He explained by combining the vacancies that would come in 2017
and 2018 and vacating those positions would give them across the 10 commissions at least four
slots that could be immediately appointed while keeping three individuals in place for some
institutional memory, as in his opinion, there was a steep learning curve on certain boards
especially the Budget, Investment & Technology, Public Utilities, and Planning board and
commissions. He detailed the process for each commission, stated he did not have a clear plan
for the Sister City Commission, and asked Council to consider his proposal to retain institutional
knowledge while meeting the mayor's desire to have each member appoint someone from their
district.
Mayor Tait thanked Council Member Faessel for his proposal and the thought behind it, but said
this was a simple question of whether the Boards and Commissions would reflect the will of the
people to govern by districts, especially to allow representation from areas of the city that had
City Council Minutes of February 7, 2017
Page 26 of 42
historically been under represented. Mayor Tait said he would encourage every board and
commission member to reapply and suggested leading contenders could be appointed by any
Council Member.
MOTION: Mayor Tait moved to change the method in which Boards and Commissions were
appointed as follows, exempting the Sister City Commission and Library Board: each district
council member shall have one appointment; priority review shall be given to incumbents, if the
incumbent is within the member's district, second priority shall be given to district applicants,
thereafter review of applicants regardless of district residency; remaining seats on each
commission shall be appointed by a majority vote of the entire Council; adjust all commissions to
seven member commissions; increase membership of the Housing and Community Development
to nine to account for two tenant member seats, create term limits to coincide with the elected,
appointing member; and allow all current commission members to reapply, seconded by Council
Member Barnes.
DISCUSSION: Council Member Moreno thanked Council Member Faessel for his thoughtful
alternative proposal and requested modification of two items to the motion on floor to exempt the
Sister City Commission and for assurance that every Council Member gave a priority review to
existing Commission Members if they were in their districts to keep continuity, both of which were
incorporated by Mayor Tait in his preceding motion.
Council Member Murray questioned the timeline of changing the current membership of the
boards and commissions. City Clerk Linda Andal responded that the Code provided that Council
could remove a member at any time or release them from service and that after any action at this
meeting staff would need return with various ordinances to ensure that the elements that were
outlined in the motion were considered, which could occur as early as March 7th. She continued,
with the ten commissions, it would take work to articulate the specific language and ensure that
the transition was affected properly, if introduced on March 7th the ordinance could be adopted on
March 21St with an effective date of April 201h and appointments made as early as April 251. She
also sated staff may need to return to Council to have them relieve current commission members
from their seats unless such members chose to resign and following introduction of the
ordinances in March, the City Clerk's office could reach out to individual commission members
and share the Council's actions.
Council Member Murray stated she did not support this action, viewing it as unappreciative of
volunteer efforts and a loss of historical knowledge and efficiency of government due to the need
for members to become acquainted with their duties and functions. She expressed her
appreciation for the time Council Member Faessel spent on his proposal as a middle ground and
questioned the extent to which districting governing could be taken, referencing the budget and
capital improvements, stating the Council still had an obligation to govern holistically on behalf of
all residents and to lookout for the welfare of the city and the functioning of the city as a whole.
Mayor Tait responded this was in consideration of the will of the people and to get geographic
representation, specifically citing the Planning Commission which currently had representatives
from only District Nos. 3 and 6 while deciding land use for the entire city.
Council Member Vanderbilt said he would consider Council Member Faessel's proposal as
empowering the district -elected council members especially if there might be consensus.
Council Member Kring stated she could not support the mayor's proposal, expressed concern
with finding volunteers for the at -large and District No. 3 positions as they would only have two-
year terms, offered support for Council Member Faessel's proposal as a transition and middle
ground, and did agreed with dissolving the Community Center Authority as it had outdated itself.
City Council Minutes of February 7, 2017
Page 27 of 42
Council Member Faessel stated that under his proposal each commission would have an
appointment from District Nos. 1, 3, 4 and 5 with their anniversary dates consistent with the newly
elected members of the Council, and the only difference that his proposal had from the Mayor's
was a suggestion to keep three members on most commissions to keep institutional knowledge
with terms considered in 2018.
Council Member Barnes questioned the efficacy of the Budget, Investment & Technology
Commission as she believed they met infrequently due to a lack of quorum and suggested it
possibly be disbanded, expressing concerns with the posting of meeting dates.
Council Member Moreno stated under the current system District No. 3 greatly benefitted but he
believed in the intent of district elections. Ms. Andal confirmed for Council Member Moreno that
applications were kept on file for two years at which time applicants were contacted to determine
continued interest in being considered for appointment. He expressed concern with Council
Member Faessel's proposal as applying to only half the board and commission members as well
as not allowing the mayor any appointments, and offered support for the mayor's motion.
Council Member Murray stated Council Member Faessel's proposal kept members with longer
terms and was structured in a manner to allow the new district elected representatives an
immediate appointment, while allowing some continuity. She disagreed with the assertion that
voters meant to apply district -based decisions to all aspects of the city, further stating the vote
was 70% of the electorate in the election not 70% of the total population. She further stated there
should be policies in place which were enforced regarding attendance and that as the Boards and
Commissions needed to serve the people and if time did not permit them to participate, they
needed to be gracious and step down and give an opportunity for another person to step into that
role. She said, in her opinion, Council Member Faessel's proposal was well structured, well
thought out, and an effective middle ground approach that allowed newly elected members to
have an appointment and allow some continuity and offered her support.
Mayor Pro Tem Vanderbilt questioned the next steps in the process to which Ms. Andal
responded that staff would return to Council in March with ordinances to be introduced and
additional modifications could still be made.
Ms. Andal confirmed with the Mayor provisions of his motion to include increasing the
membership of the Housing and Community Development Commission to nine members to
include two tenant members appointed at -large in accordance with the Health and Safety Code
requirements as well as dissolving the Community Center Authority, as the debt had been retired
as of 2014 and there was no longer a need to keep that commission.
Council Member Moreno suggested some use of facilities by the Anaheim Union High School
District may be nullified and requested that action not be currently included.
MOTION: Mayor Tait moved to change the method in which Boards and Commissions were
appointed as follows, exempting the Sister City Commission and Library Board: each district
council member shall have one appointment; priority review shall be given to incumbents, if the
incumbent is within the member's district, second priority shall be given to district applicants,
thereafter review of applicants regardless of district residency; remaining seats on each
commission shall be appointed by a majority vote of the entire Council; adjust all commissions to
seven member commissions; increase membership of the Housing and Community Development
to nine to account for two tenant member seats, create term limits to coincide with the elected,
appointing member; and allow all current commission members to reapply, seconded by Council
City Council Minutes of February 7, 2017
Page 28 of 42
Member Barnes. VOTE: AYES — 4 (Mayor Tait and Council Members Vanderbilt, Barnes, and
Moreno); NOES — 3 (Council Members Murray, Kring, and Faessel). Motion Carried.
At 10:47 P.M., Mayor Tait recessed City Council and reconvened at 10:54 P.M.
With the consent of Council, the agenda was taken out of order and Public Hearing, Item No. 28
was considered next.
5:30 P.M. PUBLIC HEARING
C350 28. MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN NO.
C280 339
GENERAL PLAN AMENDMENT NO. 2015-00603
ZONING CODE AMENDMENT NO. 2015-00127
MISCELLANEOUS CASE NO. 2016-00636
CONDITIONAL USE PERMIT NO. 2016-05877
TENTATIVE TRACT MAP NO. 17994
DEVELOPMENT AGREEMENT NO. 2016-00004
(DEV2014-00124)
APPLICANT: Eric Nelson, Trumark Homes, LLC, 450 Newport Center Drive, Suite 300,
Newport Beach, CA 92660
OWNER: Brumleu Investments, LP; 18301 Von Karman, Suite 250, Irvine, CA 92612
LOCATION: 1700 South Lewis Street
REQUEST: The following land use entitlements are requested to permit development of
an 153 -unit attached single-family residential project: 1) a General Plan Amendment to
change the property's land use designation from Office -Low to Mixed Use, increase the
total amount of residential development permitted in the Platinum Triangle Mixed -Use land
use designation to 17,501 dwelling units, and decrease the total amount of office
development permitted in the Platinum Triangle Office -High and Office -Low land use
designations to 4,309,486 square feet; 2) a Zoning Code Amendment and an amendment
to the Platinum Triangle Master Land Use Plan to establish the Lewis District and
associated development standards and reflect the change in development intensity
described above; 3) a Conditional Use Permit to permit a 153 -unit attached single-family
residential project with modified setbacks between buildings; 4) a Tentative Tract Map to
create a 31 -lot, 153 unit residential subdivision for condominium purposes; and, 5) a
Development Agreement to allow development of the proposed project described above.
Environmental Determination: The City Council will consider whether a Mitigated
Negative Declaration is the appropriate environmental documentation for this request
under the California Environmental Quality Act.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended City Council approval of the following: Mitigated Negative Declaration
(PC2017-003); General Plan Amendment No. 2015-00503 (Resolution No. PC2017-004);
Zoning Code Amendment No. 2015-00127 (Resolution No. PC2017-005); Miscellaneous
Case No. 2016-00636 (Resolution No. PC2017-006); Conditional Use Permit No. 2016-
05877 (Resolution No.PC2017-007); Tentative Tract Map No. 17994 (Resolution No.
PC2017-008); Development Agreement No. 2016-00004 (Resolution No. PC2017-009)
with modification to the Development Agreement adding a condition of approval to state
"Prior to issuance of the first building permit the property shall enter the Platinum Triangle
Community Facilities District (CFD). To begin the annexation process the applicant shall
submit a request to the Public Works Department, Development Services Division,
requesting to annex the property into the CFD." (VOTE: 6-0; Chairperson Caldwell and
City Council Minutes of February 7, 2017
Page 29 of 42
Commissioners Carbajal, Dalati, Henninger, Lieberman and Seymour voted yes.
Commissioner Bostwick was absent.
(Planning Commission meeting of January 9, 2017).
RESOLUTION NO. 2017-017 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving and adopting a Mitigated Negative Declaration, along with
Mitigation Monitoring Plan No. 339, for proposed amendments to the General Plan and
the Platinum Triangle Master Land Use Plan, and for approval of a new Tentative Tract
Map, Conditional Use Permit and a Development Agreement with Trumark Homes, LLC
for the Trumark Homes Project. (General Plan Amendment No. 2015-00503;
Development Agreement No. 2016-00004; Conditional Use Permit No. 2016-05877;
Zoning Code Amendment No. 2015-00127; Miscellaneous Case No. 2016-00636;
Tentative Tract Map No. 17994; DEV2014-00124) (1700 South Lewis Street).
RESOLUTION NO. 2017-018 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending the General Plan of the City of Anaheim and making
findings in connection therewith (General Plan Amendment No. 2015-00503; DEV2014-
00124) (1700 South Lewis Street).
ORDINANCE NO. 6397 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending certain sections of Chapter 18.20 (Platinum Triangle Mixed Use
(PTMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code (Zoning Code
Amendment No. 2015-00127; DEV2014-00124).
RESOLUTION NO. 2017-019 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending the Platinum Triangle Master Land Use Plan, and making
findings in connection therewith (Miscellaneous Case No. 2016-00636; DEV2014-00124)
(1700 South Lewis Street).
RESOLUTION NO. 2017-020 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving Conditional Use Permit No. 2016-05877 to permit a 153 -
unit attached single-family residential project with modified setbacks between buildings,
and making certain findings in connection therewith (Conditional Use Permit No. 2016-
05877; DEV2014-00124) (1700 South Lewis Street).
RESOLUTION NO. 2017-021 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving Tentative Tract Map No. 17994 (Tentative Tract Map No.
17994; DEV2014-00124).
ORDINANCE NO. 6398 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM approving that certain Development Agreement
No. 2016-00004 by and between the City of Anaheim and Trumark Homes LLC and
authorizing the Mayor to execute said agreement for and on behalf of the city (DEV2014-
00124).
At 10:55 P.M., Mayor Tait declared a potential conflict and left the dais. Mayor Pro Tem
Vanderbilt and Council Members Barnes and Faessel reported ex parte meetings with the
applicant prior to the public hearing.
The public hearing was considered with Planning and Building Director David Belmer presenting
the item.
City Council Minutes of February 7, 2017
Page 30 of 42
BACKGROUND: Mr. Belmer reported the proposed project by Trumark Homes project was
presented to the Planning Commission at a public hearing on January 7, 2017 and subsequently
unanimously recommended to the City Council for approval. The project consisted of an
approximately 8 -acre site located on the east side Lewis Street, north of Katella Avenue, within
the Platinum Triangle boundaries, adjacent to recently completed and under construction
residential projects on Katella Ave., including the Katella Grand with the Coral Tree Park project.
Mr. Belmer continued the site was currently improved with an industrial user who would be
relocated. The project recommended for approval included 153 for -sale, 3 -story, attached
townhouses, consisting of six different floor plans ranging in size from 1,600 sq. ft. to 2,100 sq. ft.
Outdoor spaces included private decks/balconies on the smaller units, rooftop decks on the larger
units, an on-site pocket park, larger recreation area, and landscaped paseo to facilitate resident
movements and connect the units to each other and to the open space. In terms of parking, he
reported the project exceeded the Platinum Triangle requirements of approximately 371 spaces
by proposing 435 spaces within garages, assigned spaces, and open guest spaces. Since the
initial approval by the Planning Commission, an additional condition had been added to the
project to further address potential spillover parking by requiring garage spaces be available and
used for parking by residents and a provision to preclude residents from parking parallel to their
garages and blocking access to the development. Mr. Belmer further stated the project included
a number of requested or required entitlement applications including a Mitigated Negative
Declaration, a General Plan Amendment, a Master Land Use Plan Amendment for the Platinum
Triangle, a Zoning Code Amendment, a Conditional Use Permit, a Tentative Tract Map, and a
Development Agreement in the standard form as proposed for residential developments within
the Platinum Triangle. Additionally, he reported this project would be annexed into the
Community Facilities District (CFD) to ensure it would contribute its fair share of improvements in
the Platinum Triangle. Mr. Belmer concluded his presentation that staff and the Planning
Commission viewed this as a carefully designed and planned project that implemented the vision
of the Platinum Triangle, provided a quality living environment for residents, added residential
units through a logical extension of the adjacent residential developments to the south, found all
required findings for the entitlement applications could be met, including all environmental review
to ensure any impacts were mitigated to a level of insignificance, and recommended the project
for approval.
DISCUSSION: Council Member Moreno questioned the provision of any affordable housing
components and financing of the pocket park, with Mr. Belmer confirming there were no
covenants or restrictions requiring low or moderate income housing and the pocket park and all
on-site amenities were at the developer's expense in addition to the required park in -lieu fee. In
response to Council Member Moreno's question about school impacts, Mr. Belmer reported
school fees were required to mitigate any issues and impacts to schools were analyzed in the
Mitigated Negative Declaration as part of the CEQA review. Jonathan Borrego, Planning
Services Manager, explained there were no direct conversations with the school district, but they
were notified of the project as a responsible agency and received a copy of the environmental
document including the school analysis, to which they did not comment.
Mayor Pro Tem Vanderbilt opened the public hearing for comments.
Eric Nelson, Trumark Homes, applicant, stated he would forego his formal presentation to answer
questions. He informed Council they had contacted the schools to ensure capacity to confirm
information for their potential homebuyers, stating the project was predicted to generate 25
students at total build -out, with the product mix targeting young professionals, baby boomers,
those wishing to downsize from homes with yards, and essentially anyone. He further noted that
current residents renting in the Platinum Triangle could move to the project, as rent for a 2-3
bedroom apartment approximated a mortgage payment
City Council Minutes of February 7, 2017
Page 31 of 42
William Fitzgerald questioned having seven separate resolutions and ordinance in one public
hearing and alleged a violation of the Brown Act by not having the agenda online. Regarding the
project itself, he expressed concerns with inadequate parking due to Platinum Triangle
requirements and lack of a proposed office building parking structure and suggested the project
may switch to subsidized rental apartments in the future.
Brian Chuchua questioned where the open parking spaces were on the site plan and expressed
concern with security if residents had to walk a distance to their homes.
Greg Diamond questioned the effect of a delay in approving the project, suggesting it return to the
Planning Commission for review after implementation of the recently -approved change to the
process for appointing board and commission members.
Gretchen Shoemaker asked that parking be considered due to many families have 3-4 cars.
Mr. Nelson returned to the podium for closing remarks and reported the project exceeded
standards by including 65 more spaces than required by code through 2 -car garages with
additional room for trashcans and storage and parking areas along the north boundary and
throughout the development. He added that the Homeowners Association (HOA) would
proactively enforce the use of garages for parking through annual inspections via the new
condition added to the project and through their CC&Rs. Additionally, he stated Trumark Homes
built for -sale, housing products, which provided additional housing even if not solving
homelessness and, as a policy, does not make campaign contributions when they had a
proposed project.
With no other comments offered, Mayor Pro Tem Vanderbilt closed the public comment portion of
the hearing.
DISCUSSION: Council Member Kring asked about any phasing of the project, pricing, and
outdoor spaces. Mr. Nelson explained it would be developed as one project with phased
construction of approximately 20 units per phase, estimated to be completed in 2019, with homes
priced from the low $500,OOOs to mid $600,OOOs based on their size and amenities. He explained
balconies and roof decks had been incorporated to allow outdoor spaces in an urban
environment, as well as pocket parks to allow for dog walking and other outdoor enjoyment.
Council Member Kring expressed her support for the project.
Mr. Nelson confirmed for Council Member Faessel that the project proposed 435 parking spaces,
including the garages, which was in excess of the required 370. Council Member Faessel
questioned how much parking would be required if the project was located elsewhere in the City
rather than the Platinum Triangle, with Senior Planner Scott Koehm estimating it would be fairly
similar to what was proposed, noting Platinum Triangle parking requirements were reduced due
to anticipated transit uses through ARTIC. Mr. Nelson reconfirmed the condition of using garages
for parking and enforcement by the HOA and said all parking was standard garages and stalls,
not tandem parking.
Council Member Barnes questioned what size cars would fit in the garages, with Mr. Nelson
responding the garages were standard size for California and could fit vehicles similar to normal
parking stalls.
Council Member Moreno expressed concerns regarding school impacts and the number of
proposed students. Mr. Nelson explained the generation rates for projected students were
provided by the school district for use by the CEQA consultant in the analysis of the project, the
developer would pay nearly $1 million in school fees, and the three schools for potential
attendance were not near their full capacity. Mr. Borrego added the student generation rates
City Council Minutes of February 7, 2017
Page 32 of 42
used for the environmental document were included in the Environmental Impact Report (EIR) for
the General Plan for the Platinum Triangle and a conversation did occur with a district
representative regarding the figures in the context of a planned school on the Howell site. In
response to Council Member Moreno's inquiry regarding affordable housing, Mr. Nelson
responded there was no system of mandatory requirements or in -lieu contributions regarding
affordable housing for this project site. He further highlighted Trumark Homes' involvement in the
community and participation with Charity Water, whereby this project would provide funding for 5-
10 drinking water wells to be built in third -world countries. Mr. Belmer added there was no
requirement for a percentage of affordable housing in the Platinum Triangle and the city took a
broader approach to pursue affordable housing inventory through the former Redevelopment
Agency and Anaheim Housing Authority and partnerships with affordable housing developers.
He continued the housing types in the Platinum Triangle were a diverse mix of housing types,
ranging from studio apartments to 3 -bedrooms, rental and for -sale, all of which contributed to
overall housing for the city. Council Member Moreno expressed concern with a 6-7 year wait for
affordable housing vouchers and the concentration of affordable housing development in certain
portions of the city, causing potential economic segregation.
Council Member Murray appreciated the provision of quality workforce housing with an active
lifestyle component, noting the difficulties with developing affordable housing in the wake of the
dissolution of redevelopment agencies, and offered her support.
In response to Mayor Pro Tem Vanderbilt, Mr. Nelson stated the project provided approximate 2.9
parking spaces per unit and that census data reflected an average of three cars per home in
southern California. Mr. Belmer explained the garages measured 21 ft. by 21 ft., which exceeded
the standard garage size of 20 ft. by 20 ft. and the standard commercial parking stall of 18 ft. by
18.5 ft.
Mayor Pro Tem Vanderbilt closed the public hearing
MOTION: Council Member Kring moved to approve Item No. 28, including the following,
seconded by Council Member Murray:
RESOLUTION NO. 2017-018 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending the General Plan of the City of Anaheim and making
findings in connection therewith (General Plan Amendment No. 2015-00503; DEV2014-
00124) (1700 South Lewis Street).
ORDINANCE NO. 6397 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending certain sections of Chapter 18.20 (Platinum Triangle Mixed Use
(PTMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code (Zoning Code
Amendment No. 2015-00127; DEV2014-00124).
RESOLUTION NO. 2017-019 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending the Platinum Triangle Master Land Use Plan, and making
findings in connection therewith (Miscellaneous Case No. 2016-00636; DEV2014-00124)
(1700 South Lewis Street).
RESOLUTION NO. 2017-020 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving Conditional Use Permit No. 2016-05877 to permit a 153 -
unit attached single-family residential project with modified setbacks between buildings,
and making certain findings in connection therewith (Conditional Use Permit No. 2016-
05877; DEV2014-00124) (1700 South Lewis Street).
City Council Minutes of February 7, 2017
Page 33 of 42
RESOLUTION NO. 2017-021 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving Tentative Tract Map No. 17994 (Tentative Tract Map No.
17994; DEV2014-00124).
ORDINANCE NO. 6398 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM approving that certain Development Agreement
No. 2016-00004 by and between the City of Anaheim and Trumark Homes LLC and
authorizing the Mayor to execute said agreement for and on behalf of the city (DEV2014-
00124). Ordinance introduced.
APPROVED VOTE: AYES — 6: (Mayor Pro Tem Vanderbilt and Council Members: Murray,
Barnes, Moreno, Kring, and Faessel). NOES — 0. ABSTAIN —1 (Mayor Tait). Motion Carried.
Mayor Tait returned to the dais at 11:51 P.M.
END OF CONSENT CALENDAR
D116 20. Receive an update on the Mayoral Task Force on the Welcoming Anaheim initiative and
discuss and potentially provide direction related to the Task Force's work, membership,
transparency measures and any other areas that may involve the work and development
of the Task Force (continued from January 24, 2017, Item No. 23).
Mayor Tait explained this item related to a mayoral task force, not a Council taskforce, and as a
mayoral taskforce he could determine its membership, meeting method and schedule; further
stating any decisions made by the task force would have no effect until brought forward to
Council for consideration and discussion, at which time the Council could weigh in on any kind of
issues, decisions, or recommendations, viewing Council discussion at this meeting as
inappropriate and stating he would move to table this item.
Council Member Murray stated she had requested this agenda item to allow for a discussion on
her requested transparency measure and public improvement in the process of this task force.
MOTION: Council Member Murray moved to accept the transparency measures. Motion failed
for lack of a second.
MOTION: Mayor Tait moved to table Item No. 20, seconded by Council Member Barnes. VOTE:
AYES — 3 (Mayor Tait and Council Members Barnes and Moreno); NOES — 4 (Mayor Pro Tem
Vanderbilt and Council Members Murray, Kring, and Faessel). Motion Failed.
DISCUSSION: Council Member Murray shared her view that while the taskforce has been
deemed a mayoral taskforce, it has been formed by a vote of the Council and therefore should
have more public input about the objectives of the taskforce and how the meetings would be
conducted, and believed there should be full transparency for any discussion that would affect the
potential governance of the city and in any changes in how it was governed. She noted
Anaheim's diverse population and shared Council's previous actions supporting comprehensive
immigration reform and urging acceptance by the Federal government of refugees from around
the world, and its collaboration with ACCESS California to assist with the integration of refugees
into Anaheim. She noted there was great interest in what this taskforce might discuss and
recommend and believed public participation was essential to the process, citing concerns with
the proposed meeting time of 8:30 A.M.
City Council Minutes of February 7, 2017
Page 34 of 42
MOTION: Council Member Murray moved to direct staff to publicly notice, videotape and record
all taskforce meetings and deliberations, and post all data and related agenda materials on the
city's website, seconded by Council Member Kring.
Council Member Kring proposed that, for consistency with all boards and commissions, each
Council Member appoint a representative to the Mayoral taskforce to ensure all districts were
represented.
Mayor Tait explained the differences between a mayoral taskforce and Council -appointed boards
and commissions and stated current boards and commissions were not recorded or video-taped,
and questioned why this was being requested at this time.
Council Member Murray believed Anaheim had always been a welcoming city, that she
understood the Welcome America program would be reviewed in greater detail, referenced public
interest in what this taskforce would be discussing, and noted prior public noticing and
transparency elements of the Advisory Committee on Election and the Charter Review
Commission. She noted recent comments and efforts by the Council to provide greater
transparency and sunshine ordinances to ensure access of the people to all city transactions and
questioned why that should not apply to this area with discussion.
Council Member Moreno cited concerns with the politicization of issues and specific intent,
questioning why Council Member Murray had not requested all boards, commissions, and
taskforces be videotaped during the earlier discussion for overall transparency. He continued
that, as a mayoral task force, it was under the mayor's purview and was not required to have
Council input or appointments. He expressed concerns with possible effects the requested
actions could have on sensitive conversations, sharing personal experiences, and expert witness
testimony; cited his belief that the taskforce would engage in robust outreach to obtain
information through honest and forthright conversation; and believed certain things said could be
published or shared in potentially negative ways. Further, he stated this was not a governing
board that could change the governing of the city in any way and did not believe it contradictory to
greater transparency to provide space for honest discussions and candor around sensitive
political issues that impacted people's lives. Regarding the timing of the meeting, he stated only
the first meeting had been scheduled for 8:30 A.M. and future meetings could be scheduled
differently by the taskforce members, however citing many parent meetings at schools that were
well -attended in the morning hours as many had afternoon and evening work commitments.
Council Member Murray responded that she had requested transparency methods for all boards
and commissions, believed they should be publically available, and hoped Council would
continue to ensure such efforts. She shared that no sensitivity was apparent in the first staff
report where representatives from Welcoming America would be presenting, asked for meetings
to be scheduled at the most convenient times for the members and to ensure access to
information and robust and involved dialogue on this issue. In her view, many items discussed on
the Welcoming America website has been already accomplished in Anaheim, as it had reached
out and embraced the immigrant and refugee communities over the past decade. She shared
that many individuals, including the youth, had publically shared their faith, experiences, and
pride in public settings, some even in somewhat hostile environments, and believed
accommodations could be made for anyone who preferred some anonymity even while ensuring
overall greater transparency. She repeated her motion on the floor and said she would bring
back a separate item regarding the same transparency measures for all boards and
commissions.
City Council Minutes of February 7, 2017
Page 35 of 42
Council Member Kring stated full anonymity was not possible as everyone now had a mobile
phone and could record at any time and said she would be more comfortable if church members,
pastors, imams, and different types of people were asked to participate on the taskforce.
Mayor Tait repeated he could choose how to run a mayoral task force, and if he chose to
videotape the meetings that would be his decision, not a mandate of the overall Council.
Council Member Faessel, that while honored by his appointment and happy to serve, offered his
seat on the taskforce to another council member if that would help move the project ahead and
provide a greater sense of transparency.
Mayor Tait acknowledged Council Member Faessel's generous offer but stated he did not wish to
change the membership at this time, needed to ask the taskforce itself about making its meetings
and actions public while being aware of the sensitive nature of possible discussions, and stated
the taskforce did not have the power to make laws or changes, any suggestions or
recommendations would publically come before Council for discussion and decision.
In response to Council Member Faessel, Council Member Murray responded that for her public
transparency meant the public being able to participate across the board through the series of
meetings, the creation of the taskforce was publically discussed, and believed it may be subject
to Brown Act considerations.
Acting City Attorney Kristin Pelletier stated she had reviewed the previous discussion and actions
regarding the Welcoming Anaheim taskforce and believed, in an abundance of caution as there
had been a Council vote to initiate the taskforce, the Brown Act did apply. She explained the
requirements of the Brown Act included public noticing, meetings open to the public, and some
form of action minutes but not videotaping or other requested actions.
Mayor Tait referred to the Transportation Liaison and Audit Committees which did not have
noticed or recorded meetings, to which Council Member Murray replied those were ad-hoc
committees consisting of less than a majority of the Council without any public members which
was a different type of entity than one formed by an act of the Council.
Mayor Pro Tem Vanderbilt questioned whether the Council's previous action could be undone to
allow the mayor to move forward with an individual taskforce, to which Acting City Attorney
Pelletier replied the action could be agendized to rescind. Mayor Tait believed it would be best
served to be a true mayoral taskforce and stated he would agendize it for the next meeting to
rescind the Council action.
Council Member Moreno explained that he originally agendized it and brought it to Council hoping
it would be endorsed by the Council as an initiative and to send a signal to the community to
reaffirm the values already expressed, but not to be controlled by the Council. He asked his
colleagues to reject the motion on floor, not in regards to transparency but rather acknowledging
the integrity of the mayor's office.
Council Member Murray responded that the motion on the floor was not to remove power from
the mayor but to provide direction to encourage engagement and participation of the public and
provide openness and transparency on bringing the community together and integrating
residents.
Mayor Tait offered his view that the motion was less about giving direction but rather about
effecting control over a taskforce that should be under his decision alone.
City Council Minutes of February 7, 2017
Page 36 of 42
Council Member Kring recommended support for the motion on the floor to ensure compliance
with the Brown Act, noting the mayor would bring the item back to correct the manner in which it
had been agendized. Ms. Pelletier responded that the basic Brown Act provisions applied to the
taskforce as the initial discussions resulted in a vote of the Council to launch the taskforce, but
that if that action was undone, then the mayor had within his power to establish a mayoral
taskforce. She clarified that the motion on the floor went beyond basic compliance with the
Brown Act and included additional requirements.
In response to Council Member Faessel, Council Member Murray stated the motion went beyond
basic Brown Act provisions to allow greater public participation, even if they could not attend the
meetings in person, and moved toward full transparency and oversight of city business.
Council Member Moreno shared his understanding of a difference between council members who
chose to be in the public view and share ideas for public consumption, and sometime critique,
versus the residents who were invited, rather than applied, to share their ideas on potentially
highly sensitive issues and were asked them to give of themselves.
MOTION: Council Member Murray moved to direct staff to publicly notice, videotape and record
all taskforce meetings and deliberations, and post all data and related agenda materials on the
city's website, 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. No further action taken.
21. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
D114 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 (continued
from January 24, 2017, Item No. 24).
Council unanimously continued Item No. 21 to February 28, 2017. No further action taken.
D159 22• Receive and file report regarding Short Term Rental program enforcement (continued
from January 24, 2017, Item No. 26).
Council unanimously continued Item No. 22 to February 28, 2017. No further action taken.
D150 23. Discuss and provide direction to staff regarding the transition of the former
Neighborhood Council Districts to the proposed Neighborhood Services District
Community meetings (continued from January 24, 2017, Item No. 28).
Community Services Director Brent Dennis reported this item was presented by staff in
response to Mayor Pro Tem Vanderbilt's request on January 10th to present an overview of the
transition from the former Neighborhood Council District meetings to the proposed
Neighborhood Service District Community meetings.
Mayor Pro Tem Vanderbilt stated the intent was to discuss this two weeks ago, but due to
continuance, this discussion was now closer to the actual proposed schedule of meetings. He
thought it was important for Council to discuss both a long-term and short-term plan but as he felt
there needed to be opportunity for discourse rather than abrupt implementation but due to a
proposed schedule already in place for the next year, now recommended a more appropriate
action would be to use this period to see how it worked and if there were any adjustments
City Council Minutes of February 7, 2017
Page 37 of 42
necessary to re -visit it in a year. He expressed his personal opinion it might be helpful to join
certain districts together, such as District Nos. 1 and 2 representing West Anaheim, as had been
done in the past and which could reduce staff time and might ensure greater participation.
Council Member Faessel stated he had initial concerns when this change was first brought up,
particularly in regards to leadership development through the chairman and vice-chairman
positions, but that he was now comfortable with updated plan. He reported a preview -type
meeting has recently been held in District 5 which went well and included positive communication
between the neighbors and city staff and supported the overall proposal, with a few requested
date changes for meetings later in the year.
Council Member Moreno asked for the rationale behind the proposed changes as he believed the
meetings were well -attended and participated in and the only substantive change was the
removal of the ability for residents to serve as the chair and vice -chair, set the agenda and be
part of the meeting leadership.
Mr. Dennis explained the initial genesis of the meeting was formed when there was an allocation
of central CDBG funds but that those funds had waned over time and the meetings had
transitioned to connecting neighborhood concern with available resources, largely orchestrated
and presented by city staff, with the chairs and vice -chairs serving primarily in welcoming roles.
He said recent communication regarding the changes with the neighborhoods had been well-
received and understood by the community to reflect the district environment.
Council Member Moreno expressed his preference for resident -driven and resident -owned
leadership with support from staff and suggested an open conversation of whether we should
stay with the current model should remain or change to the proposed model.
Anaheim Sporn, Community Services Superintendent, explained the intent was to still be the first
stop for residents to see what the city was, gain connection to staff, other residents and
neighbors, and provide opportunities to get involved via traffic community meetings,
neighborhood watch, and working with departments on various topics of concern. She further
noted staff would continue to keep a list of community leaders to invite to provide input on various
project and initiatives. She said staff still wanted to have back -and -forth communication with the
community about topics within the neighborhoods, not merely staff -driven and would make sure
the transition was most fitting for the community.
Council Member Moreno explained he would be more at ease if the next community meeting
agendas included a discussion of the potential changes in the leadership model and expressed
his preference that the community identify leaders or individuals stepped up to lead, rather than
rely on staff identifying such leaders. He appreciated the work by staff and asked for a report
back on what the residents said about the change in the meeting models.
No action was taken by the Council.
D150 24• 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 (continued from January 24, 2017, Item No.
30).
Community Services Director Brent Dennis stated this report focused on District 1 parks and
facilities as the request of Council Member Barnes and presented a map showing the boundaries
of the district, stating there were 92.7 acres of parks in District 1, primarily within three major
City Council Minutes of February 7, 2017
Page 38 of 42
parks: Brookhurst Park, Maxwell Park, and Twila Reid Park. He also stated District 1 included a
Community Center at Brookhurst Park, the Haskett Library at Haskett Park, and the West
Anaheim Youth Center. He continued that all six districts faced existing challenges that ranged
from aging infrastructure, changing demographics, an aging population with different senior
citizen demands, an increase in density, and intense usage by adult leagues, particularly soccer,
causing high wear and tear on some fields. Additionally, the parks and facilities faced common
urban issues such as vandalism and graffiti. Mr. Dennis reported the city was always looking for
opportunities to expand parks, parkland, and open space, and over the last five years, had
invested a little over $10 million on various improvement projects in District 1 with consideration
given earlier in the year to a park assessment with consideration for seeking additional park land
and being more proactive with developing collaborations, noting staffs excellent job in pursuing
grant funding opportunities.
DISCUSSION: Council Member Barnes shared images of the poor conditions of recreational
facilities in District 1, requesting a head start to ensure such conditions were not present the
following year. She requested a more comprehensive approach, the establishment of a standard
for all city parks, and an evaluation compared to other cities in the county regarding fields, field
conditions, landscaping, amenities such as pools and tennis courts, exercise equipment, picnic
areas, bathrooms, parking lots, playgrounds, community facilities, and setbacks from residential
homes. Specific to West Anaheim, she requested a staff update regarding the current acreage of
West Anaheim parks when those fenced off by school districts and other property that was no
longer publically accessible was factored in; target numbers for park acreage per person and how
far are the city was from that mark; the need for new recreational areas in West Anaheim as new
homes, townhomes, and apartments were built; and the process for scheduling the soccer fields,
particularly for youth groups, as well as an indication of usage and fees paid along with whether
the groups were based in Anaheim. Council Member Barnes then displayed photos of Haskett
Library, citing the need for its exterior to be well -cleaned and replacement of exterior lights. She
asked staff to fully evaluate the condition of the library's exterior and report back to her with the
plan for repairs and clean up, questioning whether library staff could be accountable for the
exterior of the building as well as the interior, and requested staff provide the disposition of the
park developer funds over the last 10 years. She further shared photos of bathrooms in several
West Anaheim parks in West Anaheim, expressed her disappointment with their condition. While
acknowledging and appreciating the work of staff with available resources, she stated parks
needed to be at the top of the city's priorities.
Mayor Pro Tem Vanderbilt informed all that staff and Council had already started working on
improving park conditions, with certain items subject to budget approval.
Mr. Dennis reported staff had received Council Member Barnes list of specific requests and the
future process in the district environment would be to generate a similar summary of items
applicable to each district along with action plans to address issues system wide, primarily via the
aesthetics of the parks, the condition of the fields, and the restrooms which were a major
concerns.
Mayor Tait stated this item was not meant as a criticism of Mr. Dennis nor his staff and
appreciated that they had been working on the restrooms in West Anaheim and the other districts
across Anaheim, particularly with the limited resources they had to work with. He told the City
Manager that this was a priority not just for him but the entire Council.
Council Member Murray stated this has been the entire Council's priority for several budget
cycles as the City started to recover from the recession and that she had requested several times
to restore park maintenance to in-house staff to help ensure needs were handled in a timely
manner. She said there was tremendous usage of restroom facilities at the parks and that was
City Council Minutes of February 7, 2017
Page 39 of 42
part of the reason staff had recommended closing the bathrooms at night, as they were damaged
to a significant degree.
Mayor Tait thanked Mr. Dennis for the report and Council member Barnes for bringing this
forward and said he hope to hear more on this in the next two months, to which Council Member
Barnes said they could not wait that long and asked for immediate action regarding the
restrooms.
City Manager Paul Emery replied that the appropriation of resources as part of the budget
adjustment had been discussed during the workshop and proposed action would be forthcoming,
as well as that Mr. Dennis had been provided direction to enhance the cleaning schedule and a
report on those efforts would be presented shortly as well as item next month in terms of
appropriating funds for parks improvements.
No action was taken by Council.
25. Receive and file status report regarding the Beach Boulevard Specific Plan and
D159 associated Environmental Impact Report (continued from January 24, 2017, Item No.
29).
Council unanimously continued Item No. 25 to February 28, 2017. No further action taken.
D116 26. Discuss and direct staff to move forward with the development of the 2017 fireworks
program that will allow Anaheim non -profits the opportunity to raise funds for their
organizations through fireworks sales.
Council unanimously continued Item No. 26 to February 28, 2017. No further action taken.
5:30 P.M. PUBLIC HEARINGS:
Pilo 27. Staff requests continuance to February 28, 2017.
Public hearing to vacate certain public streets, highways and easements (Abandonment No.
ABA 2016-00342) (portion of Alro Way adjacent to 200 and 205 West Alro Way, and a portion
of "Old" Manchester Way adjacent to 200 West Alro Way).
Item No. 27 was continued to February 28, 2017 at the request of staff. No action taken.
C350 28. MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN
C280 NO. 339
GENERAL PLAN AMENDMENT NO. 2015-00503
ZONING CODE AMENDMENT NO. 2015-00127
MISCELLANEOUS CASE NO. 2016-00636
CONDITIONAL USE PERMIT NO. 2016-05877
TENTATIVE TRACT MAP NO. 17994
DEVELOPMENT AGREEMENT NO. 2016-00004
(DEV2014-00124)
APPLICANT: Eric Nelson, Trumark Homes, LLC, 450 Newport Center Drive, Suite 300,
Newport Beach, CA 92660
OWNER: Brumleu Investments, LP; 18301 Von Karman, Suite 250, Irvine, CA 92612
City Council Minutes of February 7, 2017
Page 40 of 42
LOCATION: 1700 South Lewis Street
REQUEST: The following land use entitlements are requested to permit development of
an 153 -unit attached single-family residential project: 1) a General Plan Amendment to
change the property's land use designation from Office -Low to Mixed Use, increase the
total amount of residential development permitted in the Platinum Triangle Mixed -Use land
use designation to 17,501 dwelling units, and decrease the total amount of office
development permitted in the Platinum Triangle Office -High and Office -Low land use
designations to 4,309,486 square feet; 2) a Zoning Code Amendment and an amendment
to the Platinum Triangle Master Land Use Plan to establish the Lewis District and
associated development standards and reflect the change in development intensity
described above; 3) a Conditional Use Permit to permit a 153 -unit attached single-family
residential project with modified setbacks between buildings; 4) a Tentative Tract Map to
create a 31 -lot, 153 unit residential subdivision for condominium purposes; and, 5) a
Development Agreement to allow development of the proposed project described above.
Environmental Determination: The City Council will consider whether a Mitigated
Negative Declaration is the appropriate environmental documentation for this request
under the California Environmental Quality Act.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended City Council approval of the following: Mitigated Negative Declaration
(PC2017-003); General Plan Amendment No. 2015-00503 (Resolution No. PC2017-004);
Zoning Code Amendment No. 2015-00127 (Resolution No. PC2017-005); Miscellaneous
Case No. 2016-00636 (Resolution No. PC2017-006); Conditional Use Permit No. 2016-
05877 (Resolution No.PC2017-007); Tentative Tract Map No. 17994 (Resolution No.
PC2017-008); Development Agreement No. 2016-00004 (Resolution No. PC2017-009)
with modification to the Development Agreement adding a condition of approval to state
"Prior to issuance of the first building permit the property shall enter the Platinum Triangle
Community Facilities District (CFD). To begin the annexation process the applicant shall
submit a request to the Public Works Department, Development Services Division,
requesting to annex the property into the CFD." (VOTE: 6-0; Chairperson Caldwell and
Commissioners Carbajal, Dalati, Henninger, Lieberman and Seymour voted yes.
Commissioner Bostwick was absent.
(Planning Commission meeting of January 9, 2017).
RESOLUTION NO. 2017-017 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving and adopting a Mitigated Negative Declaration, along with
Mitigation Monitoring Plan No. 339, for proposed amendments to the General Plan and
the Platinum Triangle Master Land Use Plan, and for approval of a new Tentative Tract
Map, Conditional Use Permit and a Development Agreement with Trumark Homes, LLC
for the Trumark Homes Project. (General Plan Amendment No. 2015-00503;
Development Agreement No. 2016-00004; Conditional Use Permit No. 2016-05877;
Zoning Code Amendment No. 2015-00127; Miscellaneous Case No. 2016-00636;
Tentative Tract Map No. 17994; DEV2014-00124) (1700 South Lewis Street).
RESOLUTION NO. 2017-018 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending the General Plan of the City of Anaheim and making
findings in connection therewith (General Plan Amendment No. 2015-00503; DEV2014-
00124) (1700 South Lewis Street).
ORDINANCE NO. 6397 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending certain sections of Chapter 18.20 (Platinum Triangle Mixed Use
(PTMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code (Zoning Code
Amendment No. 2015-00127; DEV2014-00124).
City Council Minutes of February 7, 2017
Page 41 of 42
RESOLUTION NO. 2017-019 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending the Platinum Triangle Master Land Use Plan, and making
findings in connection therewith (Miscellaneous Case No. 2016-00636; DEV2014-00124)
(1700 South Lewis Street).
RESOLUTION NO. 2017-020 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving Conditional Use Permit No. 2016-05877 to permit a 153 -
unit attached single-family residential project with modified setbacks between buildings,
and making certain findings in connection therewith (Conditional Use Permit No. 2016-
05877; DEV2014-00124) (1700 South Lewis Street).
RESOLUTION NO. 2017-021 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving Tentative Tract Map No. 17994 (Tentative Tract Map No.
17994; DEV2014-00124).
ORDINANCE NO. 6398 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM approving that certain Development Agreement
No. 2016-00004 by and between the City of Anaheim and Trumark Homes LLC and
authorizing the Mayor to execute said agreement for and on behalf of the city (DEV2014-
00124).
Public Hearing Item No. 28 was considered earlier in the agenda, see discussion following Item
No. 19 (Page 28).
REPORT ON CLOSED SESSION: None.
COUNCIL COMMUNICATIONS:
Council Member Member Faessel spoke of his attendance at the Black History event and
highlighted the community support for Bruno Serato.
Mayor Pro Tem Vanderbilt shared appreciation expressed by Richard Delgado for the city's work
during the storms and announced the Anaheim Union High School District Bike-a-thon to be held
on April 8.
Council Member Barnes announced the CityNet meeting at the Downtown Central Library on
February 8 and Potter's Lane Open House.
Council Member Moreno thanked Chief Quezada, Sergeant Gonzalez and Rocio Burress for
working with the Mayfair community regarding parking restrictions, Public Works and
Neighborhood Services for providing information to residents, and Cathy Woodward for her work
in organizing the Black History Parade. He congratulated Mayor Tait on an amazing State of the
City. In response to inquiries he received regarding the Downtown Community Center, he
confirmed no proposal or decisions have been made regarding the senior parking lot. He further
requested a resolution welcoming refugees.
Council Member Kring spoke of her attendance to the Black History Parade and Cultural Fair and
spoke of the community support for Bruno Serato and his staff.
Council Member Murray thanked the businesses and community for their support of Bruno
Serato, Public Works' staff for keeping the community safe during the storms and Anaheim Police
City Council Minutes of February 7, 2017
Page 42 of 42
Department for their quick response to a shooting in front of Gilbert High School. She requested
a proclamation thanking Assembly Member Don Wagner for his service to Anaheim and spoke of
her attendance at the Black History event.
Mayor Tait spoke of the Black History event and announced a Go Fund Me site in support of
Bruno Serato.
ADJOURNMENT:
With no further business before the City Council and without objection, Mayor Tait adjourned the
meeting of February 7, 2017 at 1:23 A.M.
Respectful) submitted,
Theresa Bas , CMC
Acting City Clerk