07/25/2017ANAHEIM CIN COUNCIL REGULAR AND
REGULAR ADJOURNED MEETING OF JULY 25, 2017
The regular meeting of July 25, 2017 was called to order at 3:00 P.M. and adjourned to 3:30 P.M.
for lack of a quorum. The regular adjourned meeting of July 25, 2017 was called to order at 3:35
P.M. in the chambers of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting
notice, agenda, and related materials were duly posted on July 21, 2017.
PRESENT: Mayor Tom Tait and Council Members: James Vanderbilt, Kris Murray,
Denise Barnes, Jose F. Moreno, Lucille Kring, and Stephen Faessel.
STAFF PRESENT: Interim City Manager Linda Andal, Acting City Attorney Kristin Pelletier, and
Acting City Clerk Theresa Bass.
ADDITIONSIDELETIONS TO CLOSED SESSION:
Acting City Attorney Kristin Pelletier reported Closed Session Item No. 01 involved a
discrimination claim brought by a management -level Anaheim Police Department employee.
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
CLOSED SESSION
At 3:37 P.M., Mayor Tait recessed to Closed Session for consideration of the following items:
1. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
California Government Code Section 54956.9: One potential case
2. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representative: Kristen Pelletier, Acting City Attorney
Position: Interim City Manager
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Section 54956.8 of the Government Code)
Property: Assessor Parcel Numbers: 253-473-01 - 1200 S. Phoenix Club Drive, Anaheim,
CA 92806; 253-631-32 - 1200 S. Phoenix Club Drive, Anaheim, CA 92806; 253-631-39 -
1200 S. Phoenix Club Drive, Anaheim, CA 92806
Agency Negotiators: Greg Garcia, Deputy City Manager; Brent Dennis, Community
Services Director
Negotiating Parties: Orange County Water District and City of Anaheim
Under Negotiation: Price and Terms of Payment
Mayor Tait declared a potential conflict and did not participate in Closed Session
Item No. 03.
4. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representative: Jason Motsick, Acting Human Resources Director
Name of Employee Organizations: International Brotherhood of Electrical Workers,
Local 47, Anaheim Firefighters Association, and Teamsters, Local 952
City Council Minutes of July 25, 2017
Page 2 of 25
Note for the record. Mayor Tait did not participate in Closed Session Item No. 3, due to a potential
conflict of interest.
At 5:26 P.M., the City Council session was reconvened.
INVOCATION: Pastor Mark Tatum, Anaheim Seventh Day Adventist Church
FLAG SALUTE: Council Member Denise Barnes
PRESENTATIONS: Recognizing Bottled Water Art Contest Winner
Mayor Tait recognized Hanna Lee, 7th Grade Student at Fairmont School, for winning the Public
Utilities Bottled Water Art Contest. Public Utilities Representative David Albaugh provided details
of the Bottled Water Art Contest, addressed its theme, and congratulated Hanna Lee for her great
work.
Recognizing Planning Department Employees as American Planning
Association Award Winners for the Anaheim Canyon Specific Plan and
Andy's Map
Mayor Tait invited Susan Kim Chris Carter, Charles Guiam, Lisandro Orozco, and Planning
Services Manager Jonathan Borrego to the podium for their work in the Anaheim Canyon Specific
Plan and Andy's Map. He noted it takes a lot of effort and planning to make things happen in the
City and reported Andy's Map is a process to bring planning to the people for increased
transparency.
Planning Services Manager Borrego commended Planning staff for their work, noting they were
awarded by the Orange County Planning Association for the Anaheim Canyon Specific Plan and
Andy's Map. He reported one of the goals of the Specific Plan was to cut red tape and establish
streamlined development processes to encourage businesses to stay and expand in Anaheim
and to attract them. He noted it was a team effort, working with other City departments.
Recognizing Sister City Participants return from Mito, Japan
Mayor Tait commented on the City's Sister City relationship with Mito, Japan, thanked the Sister
City Committee for their work, and reported every year there is an exchange of students between
the two cities. He invited Julie Enciso, Brittany Garcia, Luke Archer Hogencamp, Tran T.
Nguyen, Helen Phan, Juliana Phan, and Chaperones Melody Hirayama and Jennifer Sansai to
the podium.
Juliana Phan spoke on behalf of the Mito/Anaheim Student Ambassadors sharing their journey
and experience in Mito, Japan and displayed a video of the trip.
Mayor Tait commended the group, presented them with a proclamation and expressed
appreciation to the Mayor of Mito, Japan for the great kindness shown to Anaheim's Student
Ambassadors.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Proclaiming August 12, 2017, as International Youth Day
Director of Community Services Brent Dennis accepted a proclamation declaring August 12,
2017, as International Youth Day. He commended Community Services staff for their work and
providing an opportunity for young people to have a voice and a hand in shaping the community.
City Council Minutes of July 25, 2017
Page 3 of 25
He listed programs provided by the City specifically for the City's young people and commented
on the recent establishment of a Youth Commission.
ADDITIONS/DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS (all agenda items, except public hearing): Prior to receipt of public
comments, a brief decorum statement was provided by Acting City Clerk Theresa Bass.
Cecil Jordan Corkern, Outreach Homeless Ministries, spoke about sexual subliminal messages in
Disney films and read a passage from the Bible.
Mark Richard Daniels spoke in support of Al Fresco Gardens and in opposition to the City's anti -
camping ordinance, adding that people's property as being thrown away, including medications.
He opined the ordinance was defective as it was not being applied to the letter. He reported a
problem with traffic signals near La Palma, Acacia, and Anna Drive and a recent wave of traffic
accidents in the area.
Paul Hyek, resident at Bridges at Kraemer, reported the need for a bicycle plan for improved
access to the shelter. He noted the need for volunteer shuttle drivers with at least a Class B
driver's license.
Mary Lou Sitter spoke about the importance of dealing with the homeless, adding they leave
syringes and debris at La Palma Park. She spoke about faith -based organizations needing to do
something about the problem and spoke in support of the SHIFT program managed by faith -
based institutions providing showers, food, beds, property storage, and access to job training.
She urged Council to maintain the ordinance and find creative solutions to homelessness.
In reply to Mayor Tait's inquiry, Ms. Sitter reported the City of Anaheim used to
have the program, as well as the cities of Westminster, Midway City and Garden
Grove.
Council Member Moreno announced Council has approved a Homeless Policy
Working Group that will begin meeting July 28, 2017, at 8:30 A.M. and invited Ms.
Sitter to attend.
Janet Bravu, Brite Dental Group, shared incidents with the homeless she has experienced while
at work and shared pictures with Council.
Essie Jourachian, property owner, Brite Dental Group, commented on the City promising to
renovate the area, noted they invested a lot of money for renovations, and reported issues with
the homeless there. He reported it has become a public safety issue for employees and patients
and hoped the matter was resolved before it is too late.
Richard Rodriguez referenced comments he made in a previous Council meeting regarding his
right to a piece of property and reported being harassed by a security officer. He reported the
security officer went to dinner and returned intoxicated and calling 911 but the Police did not
respond. Later that evening, the security officer returned and called the police on him. He was
arrested and charged with trespassing. He noted he has the same rights as anyone else for the
police to respond to his call.
R. Joshua Collins, Homeless Advocates for Christ, read from the Bible, alleged there were many
who attack the homeless and noted not every homeless person is the same. He opined taking
homeless people's property was the same as being a thief and the City's anti -camping ordinance
allows for that. He expressed disappointment at the Mayor's comments regarding the City not
City Council Minutes of July 25, 2017
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considering repealing it and urged Council to deal with the criminal activity and not punish people
who were merely trying to survive. He reported a frail, homeless woman who has a disease and
cannot get into a shelter because of her condition and that he has called CityNet several times
and they have not responded.
Mayor Tait directed Mr. Collins to have the lady call his office and he will see to it
that she is referred for help and services. He read from a Police Training
document indicating Officers must provide for opportunities for an individual to
leave the area, must offer available shelter for housing services before a citation
may be considered, and a subject's refusal is required for any citation.
Wes Jones asked about the Homeless Jobs program and thanked Council for approving the
Illumination Foundation Homeless Services Center and was pleased to see there was oversight
but noted there was no oversight on any of the non -profits they use and suggested the need for
Council to investigate it. He commented positively on the sunshine ordinance but felt it does not
go far enough and disagreed relative to seizure of property. He listed recent actions by the
Summer of People noting the purpose was to point out Disney's poverty wages and its
connection with homelessness.
Daniel Robbins reported watching Senate hearings relative to their motion to proceed on
healthcare, quoted Senator Mitch McConnell, and referenced an article by the Los Angeles Times
in 1996, regarding the City's relationship with Disney. He added while Disney has soared over
the past two decades, the City's interests have fallen by the wayside and has been placed on a
dangerous trajectory. The population has become undereducated, is plagued with wage
stagnation, is unable to acquire homes and commented on the shift in Anaheim from
manufacturing and wholesale trade jobs, to service and retail jobs. .
Jeanine Robbins referenced a protest on Disney on July 14, 2017, and commended Anaheim
Police Officers who exhibited professional conduct in making sure the protest went smoothly.
She stated the City has gone off-track in dealing with Disney and the City continues to subsidize
them with millions of dollars while Disney continues to pay poverty wages, which contributes to
homelessness in the City and County. She added Disney does not care and Council was being
judged by its association with Disney as uncompassionate and lacking in human decency. Ms.
Robbins stated it was time for the City to cut the cord with Disney and force them to stand on their
own; stand up for Anaheim residents; to house the homeless; build affordable housing for the
less -fortunate; and build affordable housing for Disney employees. Additionally, she stressed the
confiscation of property needed to stop and quoted the Dalai Lama, noting our main purpose in
this life is to help others or, at least, don't hurt them.
Alexa Garcia, Disney Ambassador, announced and invited the public to their Free Movie Nights.
Mike Robbins commented on recent protests at Disney and reported, in years prior, Disney had
specified their employees would make a living wage but changed with the corporate control of
Disneyland. He noted the need to redact the anti -camping ordinance, stating the homeless
population has grown and people were dying on the streets. He reported they need help and
should be provided with restrooms, services, and basic necessities.
Mayor Tait referenced Police policies that must be followed before a citation is
issued.
Mr. Robbins reported the policy was not being followed and there was no place for the homeless
to go. He added they often refuse services because they do not trust the current system.
City Council Minutes of July 25, 2017
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Kandee Beas, Chair of the Community Services Board, referenced Item No. 16, reported on the
process they went through to develop recommendations, and offered to respond to questions.
Dr. Cynthia Smith, Program Director, Creative Identity, thanked Council for allowing the
organization to use the old train station and spoke in support of the 2017/2018 CDBG funding
recommendations for Creative Identity. She presented a thank you letter to Mayor Tait and
invitations to their upcoming open house. She reported the program was running smoothly and
they are at full capacity.
Mallory Vega, Executive Director, Acacia Adult Day Services, commented on the services
provided by her organization and reported they have recently merged with Alzheimer's Orange
County to expand the resources they offer. She thanked Council for the CDBG funding they were
granted and noted support for the 2017/2018 action plan and staff for their work.
Yvette Lizardi referenced comments she made at a previous meeting regarding the homeless
living on the other side of her backyard and thanked the City for addressing the problem. She
noted asking for increased patrolling in her neighborhood, in addition to Schweitzer and Maxwell
Parks, and requested Council consider increasing funding for the Anaheim Police Department to
patrol those areas. She reported many of the encounters she and her neighbors have had have
resulted in criminal activity.
William Fitzgerald, Home Owners Maintaining Our Environment, accused Council of being un-
American and reported his organization's members' opposition to posting the rainbow flag in City
Hall. He alleged the real rainbow flag represents American soldiers who died fighting in the U.S.
Army Rainbow Infantry Division. He asked Anaheim voters to always remember those soldiers
and Council Members who have dishonored the military dead by supporting flying the pride flag
outside City Hall.
Mayor Tait stated Council asks people for decorum and civility when providing
comments but noted they are not bound by that, by law, as people are free to say
what they want and are not bound to the truth.
Council Member Moreno stated the microphone was the ideal, iconic, American
symbol of freedom, but to use it to levy anti -Americanism because of a
disagreement was hypocritical.
"The Cameraman" spoke about how Disney reacted to the recent protest, turning sprinklers on
demonstrators in the middle of the night, and proceeding to turn them off and on until 2:00 A.M.,
when protestors left. He thanked the Anaheim Police Department for not bothering protestors.
He commented on Anaheim continuing to criminalize homelessness and making money under
CityNet monopolies and listed things homeless people in Anaheim can do versus those who have
a home including using a restroom, taking showers, cooking, camping, and the lack of affordable
housing.
Jose Trinidad Castaneda, on behalf of the Sierra Club Conservation Committee, thanked the City
for its efforts in reducing trash and addressed the new Statewide Trash Policy. He reported
Anaheim has chosen Track 1, by which the City will have three months to develop a plan for
further reduction of trash. He asked that while staff works on developing a plan, they also push
ahead on a parallel track for other common-sense activities for trash reduction, continue to install
catch -basin inserts in high-priority areas, and implement a monitoring plan showing how much
trash is escaping into creeks and flood -control channels. He reported the Sierra Club and
Surfrider want to partner with the City to monitor the trash and find effective ways to reduce it.
City Council Minutes of July 25, 2017
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Mayor Tait asked the City Manager to direct staff accordingly and suggested
implementing an anti -litter campaign. He suggested contacting a group of
volunteers at Green Bird, who get together every week for picking up trash around
town.
Council Member Moreno announced Green Bird was having its 3rd Anniversary this
coming Saturday.
Danielle Wilson, on behalf of the Hotel Workers' Union, Local 11, spoke in support of the
sunshine ordinance being introduced tonight. She commented on the importance of transparency
and the City's noticing processes and spoke positively regarding Andy's Map. She suggested the
City implement the same procedures for private developments as for public developments and
felt residents should be able to influence development in a way that counts. She spoke in support
of the revolving door provision and hoped the City will move forward with the proposed ordinance.
Holly Haggler, CEO, Seniorserv, thanked Council for its allocation of CDBG funding to her
organization and spoke regarding services offered. She presented statistics relative to the
number of seniors served and commented on reduction of Federal and State funding. She
shared the stories of two Seniorsery clients and expressed her appreciation to the City for its
support.
Yesenia Rojas thanked Council for its help and support in relation to Guanajuato, Mexico, and
announced a community cleanup on July 29, 2017 and a backpack distribution for kids on July
30, 2017. She encouraged local businesses to donate school supplies to insert in the backpacks.
Mayor Tait commended Ms. Rojas for her work in the community and in her
hometown of Guanajuato, Mexico.
Paula Margeson, Director, Dale McIntosh Center for the Disabled, thanked the City for
recommending them for CDBG funding. She reported the money will be used for services for
young people with disabilities who are transitioning from public school to young -adult life.
Tim Houchen reported the National Low -Income Housing Coalition has dedicated July 22nd to 29th
as a "Housing Week of Action, Our Homes, Our Voices". He reported the organization has
performed recent studies, shared some of the results of the studies, and noted the importance of
having affordable, stable housing. He commented on the lack of affordable housing and its
detrimental effects on the community. Mr. Houchen urged Council to approve Item No. 16.
Lou Noble noted water was life and some of the homeless have died because of lack of water.
He referenced the anti -camping ordinance and stated it has failed. Mr. Noble read from the Bible
and indicated the anti -camping ordinance discriminates against the homeless and goes against
the U.S. Constitution. He reported the Anaheim Police does not follow its own policies and
oppresses people and suggested there were solutions that could work, such as Al Fresco
Gardens. He added the homeless have nowhere to go and get pushed from one place to the
other.
David Klawe commented positively on Andy's Map and voiced support for Item No. 15. He
reported parks were not as friendly as they used to be for residents and opined they should be
closed to everyone at closing time. He stressed the need for increased patrolling and
enforcement in City parks for increased public safety. He urged Council to keep finding ways to
help the homeless while protecting residents and neighborhoods.
Joan Matheson, Council on Aging, thanked Council for its past and continuing support in
2017/2018.
City Council Minutes of July 25, 2017
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Lahoma Snyder, Council on Aging, reporting receiving many requests from seniors who were
being evicted because of lack of money. She expressed her appreciation to Council for its
support and promised to continue doing what she can to help residents.
Colin Womer, Drug Free Anaheim, provided a status update of the program. He commented
positively on the Anaheim Police Department, noting the success of the program was mainly due
to Anaheim having very caring Police Officers.
Mayor Tait thanked him for his work and stated those seeking help with addiction
are also able to go to the Anaheim Police Station and ask for help.
Shirley Grindle commended Interim City Manager Linda Andal for her work and spoke in support
of the sunshine ordinance. She wondered why those who accept money from lobbyists were not
required to disclose campaign contributions. She encouraged the City to make that requirement
in its efforts for increased transparency and distributed a list of suggestions. Additionally, she
reported recently learning that some Council Members hired lobbyists as staff and voiced her
opposition. She encouraged Council to approve the ordinance.
Bryan Kaye alleged the money given to CityNet was nothing more than Anaheim Liaison Officers
going out, assessing a person, taking their property, beating them, filing false charges, and
arresting the homeless victim. He directed statements at individual Council Members with
concerns about their actions and statements.
Denise Whirledge distributed pictures of homeless individuals hopping over the fence between
her home and the riverbed and expressed concerns with their safety. She urged the City to
resolve jurisdictional issues with the County and do something about the homeless problem.
Interim City Manager Linda Andal reported the Anaheim Police Chief and Orange
County Sheriffs have a meeting scheduled for August 3, 2017 and a report will be
presented to Council at its August 15, 2017 meeting.
Nancy West reported Amanda Jensen was the victim of an officer -involved domestic violence, as
she was shot and killed a week ago by her police officer boyfriend. She reported she is a survivor
of an officer -involved domestic violence and an advocate for other survivors and their families.
She distributed sample policies from other states for the City Attorney's review and held a
moment of silence in honor of Amanda Jensen.
Donna Acevedo -Nelson reported she never received answers or accountability from the City
regarding her son, Joel's, death in 2012. She stressed the need for better officers, better training,
and better policies and urged Council to establish a Police oversight committee that has
subpoena power to avoid such deaths in the future. She expressed shame that nothing has
changed, listed the names of victims of police shootings after the death of her son, and noted the
need for action.
A male speaker, reported his church, World Restoration Fire Church, is located on Euclid and
Katella and is open to everyone, offering prayers for healing and miracles. He quoted from the
Bible, invited the public to his church every Sunday morning at 10:00 A.M., and encouraged
residents to obtain additional information at www.restorationfire.com.
Cynthia Ward thanked Interim City Manager Linda Andal for her service to the City and spoke in
support of the proposed sunshine ordinance. She stated she does not want to see lobbyists
doing business with Anaheim, work in Anaheim, and would like to see paid campaign people
eliminated. Additionally, she questioned why Council has placed reaffirming the anti -camping on
City Council Minutes of July 25, 2017
Page 8 of 25
the agenda, noting it was an unnecessary cost to taxpayers and encouraged Council Members to
get along.
Victoria Michaels addressed the appearance and actions of Council Members and recommended
resignation if the job no longer suited them. She commented about the "My Anaheim" application
and commended Brian Zimmerman for his quick response.
COUNCIL COMMUNICATIONS/AGENDA REQUESTS: None
CITY MANAGER'S UPDATE: None
CONSENT CALENDAR: At 7:53 P.M., the Consent Calendar was considered with Council
Member Moreno pulling Item No. 02, Council Member Barnes pulling Item No. 06, and Mayor Tait
pulling Item No. 09 for separate discussion and consideration. Mayor Tait declared a potential
conflict of interest on Item Nos. 04 and 26 and reported he did not participate in Closed Session
Item No. 03. Council Member Barnes declared a potential conflict of interest on Item Nos. 19 and
20. Mayor Pro Tem Vanderbilt referenced Item No. 16 and expressed his appreciation to the
board for their efforts. Council Member Moreno also thanked the Board Chair and expressed his
appreciation to the Commission.
MOTION: Council Member Kring moved to waive reading in full of all ordinances and resolutions
and adopt the balance of the consent calendar as presented, in accordance with reports,
certifications, and recommendations furnished each City Council Member and as listed on the
consent calendar, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 7:
(Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel).
NOES — 0. ABSTAIN — 0. Motion carried.
8105 1. Receive and file minutes of the Public Utilities Board meeting of May 24, 2017 and Library
Board meeting of June 12, 2017.
D117 3. Approve the Investment Portfolio Report for June 2017.
D182 4. Approve the proposed Five -Year Underground Conversion Plan for fiscal years 2017/18 to
2021/22.
Due to a potential conflict of interest, Mayor Tait abstained on this item. ROLL CALL VOTE:
AYES — 6: (Mayor Pro Tem Vanderbilt and Council Members Murray, Barnes, Moreno, Kring, and
Faessel). NOES — 0. ABSTENTION — 1: (Mayor Tait). Motion to approve carried.
5. Accept the bid of ACTEnviro, in the amount of $565,732, for outdoor cleaning services of
D180 amenities and hardscapes in the Anaheim Resort Maintenance District for the Public
Works Department for a one-year period with four one-year optional renewals and
authorize the Purchasing Agent to exercise the renewal options in accordance with Bid
#8911.
D180 7. Authorize the Purchasing Agent to issue a purchase order to Express Energy Services,
Inc., in the amount of $231,421.43, to replace the lighting fixtures in and around the City
Hall facility with new energy efficient LED fixtures utilizing a cooperative purchasing
City Council Minutes of July 25, 2017
Page 9 of 25
agreement issued by the National Joint Powers Authority Contract No. CA-GL10D-
082013-EES, which meets the criteria required by Council Policy 4.0.
AGR -10757 8. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing
Agent to issue a master agreement to Environmental Systems Research Institute, Inc., in
the aggregate amount of $600,000, for the Geographic Information System Enterprise
licensing and annual maintenance for a three-year period with two one-year optional
renewals and authorize the Purchasing Agent to exercise the renewal options.
AGR -10660 10. Approve a Cooperative Agreement with the City of Orange to implement traffic signal
synchronization on Orangewood Avenue from the intersection of Batavia Street in the
City of Orange to Harbor Boulevard in the City of Anaheim, in which Anaheim is the lead
agency and Orange will provide in-kind labor and cash matches to support the project.
11. Approve the All -Inclusive Acquisition Agreement for Easement Acquisition with DML
AGR -10661 Investment Inc., in the total acquisition payment amount of $211,000, for a portion of
right-of-way located at 1001 North State College Boulevard for a public road and utility
easement and a temporary construction easement for the State College Boulevard and
La Palma Intersection Improvement Project (R/W ACQ 2015-00570).
AGR -10662 12. Approve an Agreement for Acquisition of Real Property, a Grant Deed, and a Covenant
AGR- to Hold Properties as Single Parcel with Ingrid Cruz, in the amount of $11,000, for the
10662.0.1 sale of surplus city property located at 1773 South Gardenaire Lane (RNV ACQ 2017-
00930).
AGR -10663 13. Approve Master Agreements, in substantial form, with 13 contractors, in an amount not to
AGR -10664 exceed $300,000 per work order package or request with no more than three open
AGR -10665 packages or requests at any one time, for facility maintenance, repair, replacement and
AGR -10666
AGR -10667 immediate response services for a two year period with two additional two-year renewal
AGR -10668 options, authorize the Director of Public Works to administer, execute and take the
AGR -10669
70 necessary actions to implement the agreements and authorize minimal changes that do
AGR -10670 rY P 9 9
AGRA0671 not substantially change the term and conditions of the agreements, as long as such
AGRA0672 changes are determined to be minimal by the City Attorney (AJ Fistes, Carmody
AGR -10673
AGR -10674 Construction Co., Exbon Development, Inc., Geary Floors, Inc., Golden State
AGR -10675 Constructors, JKP, Inc., LaMain Cabinetry & Millwork, Performance Abatement Services,
Inc., R. Dependable Construction, Ramco General Engineering Contractors, Real Estate
Consulting & Services, Signature Flooring, Inc., and Westcor Environmental).
14. Approve and authorize the City Manager to execute a Maintenance Agreement with the
AGR -10676 State of California Department of Transportation (Caltrans) for median fencing and
landscaping within the Caltrans right-of-way on Beach Boulevard (State Route 39) from
Lynrose Drive and Stonybrook Drive.
AGR -10677 15. Approve and authorize the Director of Public Works to execute and take the necessary
actions to implement and administer an agreement with Nelson\Nygaard Consulting
Associates, Inc., in an amount not to exceed $90,000, for consultant services related to
the spillover parking policy procedure and implementation plan update.
City Council Minutes of July 25, 2017
Page 10 of 25
D155 16. Approve the Fiscal Year 2017-2018 Annual Action Plan for the federal Community
Development Block Grant (CDBG), HOME Investment Partnership (HOME), Emergency
Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA)
programs outlining expenditures totaling $15,710,270, approve the amended Citizen
Participation Plan, amend the FY 2017-2018 Community & Economic Development
budget accordingly, and designate the Director of Community & Economic Development
as the certifying official authorized to execute all documents related to the administration,
management, and implementation for the CDBG, HOME, ESG, and HOPWA programs.
D154.7 17. RESOLUTION NO. 2017-113 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and
conditions of employment for employees in classifications represented by Teamsters,
Local 952 (effective January 2, 2017 through January 1, 2019).
D154.3 18. RESOLUTION NO 2017-114 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Police
Management Association and the City of Anaheim (establishing reimbursable overtime
opportunities to Police Lieutenants and Police Captains in the Anaheim Police
Department).
R100 19. RESOLUTION NO. 2017-115 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM requesting a temporary detour to Caltrans 1-5 offramps for Disneyland
Half Marathon (September 3, 2017, 5:30 a.m. - 10:00 a.m.; northbound and southbound I-
5 off -ramps at Gene Autry Way).
Due to a potential conflict of interest, Council Member Barnes abstained on this item. ROLL
CALL VOTE: AYES — 6: (Mayor Tait and Council Members Vanderbilt, Murray, Moreno, Kring,
and Faessel). NOES — 0. ABSTENTION — 1: (Council Member Barnes). Motion to approve
carried.
R100 20. RESOLUTION NO. 2017-116 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM requesting a temporary detour to Caltrans 1-5 offramps for Super
Heroes Half Marathon (November 12, 2017, 5:30 a.m. -10:00 a.m.; northbound and
southbound 1-5 offramps at Gene Autry Way).
Due to a potential conflict of interest, Council Member Barnes abstained on this item. ROLL
CALL VOTE. AYES — 6: (Mayor Tait and Council Members Vanderbilt, Murray, Moreno, Kring,
and Faessel). NOES — 0. ABSTENTION — 1: (Council Member Barnes). Motion to approve
carried.
21. RESOLUTION NO. 2017-117 A RESOLUTION OF THE CITY COUNCIL OF THE
P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real
properties or interests therein (City Deed Nos. 12138 and 12139; State College
Boulevard/La Palma Avenue Intersection Improvement Project).
City Council Minutes of July 25, 2017
Page 11 of 25
P124 22. CITY OF ANAHEIM accepting certain deeds conveying to the city of Anaheim certain
interests in real property (City Deed Nos. 12140, 12141, 12142, 12143, 12144, 12145,
and 12146; current and future placement of water and electrical facilities for the provision
of utility services).
P124 23. RESOLUTION NO. 2017-119 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real
properties or interests therein (City Deeds Nos. 12147, 12148, and 12149; Katella Avenue
Smart Street Project).
Pilo 24. RESOLUTION NO. 2017-120 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM vacating public utility easements pursuant to California Streets and
Highway Code Section 8330, et seq. - Summary Vacation (ABA2017-00352; 101-213
East Katella Avenue).
D182 25. RESOLUTION NO. 2017-121 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM discontinuing the Elevated Water Shortage Level and Water
Reduction Plan II and declaring a mild water shortage and ordering the implementation of
Water Reduction Plan I in accordance with Chapter 10.18 of the Anaheim Municipal
Code.
M142
26. ORDINANCE NO. 6416 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM adding Section 1.04.740 to Chapter 1.04 of Title 1
of the Anaheim Municipal Code pertaining to the Public Utilities Hearing Board and
amending Chapter 17.24 of Title 17 of the Anaheim Municipal Code pertaining to
Underground Utilities and based upon the finding and determination that said ordinance is
not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2), 15060(c)(3), and 15378 of Title 14 of the California Code of Regulations.
RESOLUTION NO. 2017-122 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM modifying the rates, rules and regulations, which do not increase
rates, for the sale and distribution of electricity as adopted by Resolution No. 71-478 and
most recently amended by Resolution No. 2017-068 and determining that the said actions
are exempt from the California Environmental Quality Act (CEQA) pursuant to Public
Resources Code Section 21080(b)(8) and Sections 15061(b)(3) and 15273(a) of Title 14
of the California Code of Regulations (modification of Rule Nos. 1 and 20 of the Electric
Rates, Rules and Regulations relating to the Underground Conversion Program, effective
October 1, 2017).
Due to a potential conflict of interest, Mayor Tait abstained on this item. ROLL CALL VOTE.
AYES — 6: (Mayor Pro Tem Vanderbilt and Council Members Murray, Barnes, Moreno, Kring, and
Faessel). NOES — 0. ABSTENTION — 1: (Mayor Tait). Motion to approve carried.
City Council Minutes of July 25, 2017
Page 12 of 25
END OF CONSENT CALENDAR 8:29 P.M.
B105 2. Receive and file the outreach plan for the recruitment of members to serve on the newly
formed Senior Citizen Commission and Youth Commission.
Council Member Moreno stated he wanted to make the public aware of the outreach effort to
engage community members and be informed of the process to apply to be members of the
Senior Citizen and Youth Commissions.
Acting City Clerk Theresa Bass presented details of the report, reporting the City Council adopted
Ordinance No. 6415 on July 11, 2017, which re-established the Senior Citizen Commission and
created the Youth Commission. The Senior Citizen Commission will be comprised of seven
members who shall be at least 60 years of age and will advise the City Council on the needs of
the senior citizens in the community. The Youth Commission will be comprised of 21 members
ranging between the ages of 14 and 26 and will be responsible for advising the City Council on
the needs, priorities, and interests of the children and youth of Anaheim.
Ms. Bass shared the outreach efforts to promote and encourage participation on the
commissions, which included announcements on the City's local channel, publication in both the
Anaheim Bulletin and Orange County Register, flyers placed at all city libraries, community
centers, and city public counters, and flyer distribution at community groups and events, such as
Project S.A.Y and at Senior/Youth programs. Additionally, promotional material will be distributed
to students who participated in the Summer Internship program for the Anaheim Innovative
Mentoring Experience program, as well as coordinating materials during high school registration
at all Anaheim high schools. For the Senior Citizen Commission, promotional material is being
distributed at senior housing locations within Anaheim and the Senior Wheels Transportation
Program, which provides services to Anaheim residents 60 years and older.
Ms. Bass reported the deadline to apply is August 18, 2017 and the appointments will be
presented to City Council for consideration on August 29, 2017.
DISCUSSION: Council Member Moreno requested coordinating with Senior Centers and
expressed appreciation to staff for reaching out to local schools and asked for ideas for reaching
out further to colleges and universities to engage the 18 to 26 age group. He asked the public to
help spread the word so that the City's youth and seniors can have their voices heard.
MOTION: Council Member Moreno moved to receive and file the outreach plan for the
recruitment of members to serve on the newly formed Senior Citizen Commission and Youth
Commission, seconded by Mayor Tait. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council
Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried.
D180 6. Authorize the Purchasing Agent to issue a purchase order to Angeles Contractors, Inc., in
the amount of $266,506.86, to perform electrical and lighting upgrades needed to support
the Anaheim Police Departments Overt Surveillance Camera Project at Twila Reid,
Maxwell, and Brookhurst Parks utilizing a cooperative purchasing agreement issued by
the National Joint Powers Authority Contract No. CA-GC08B-082013-AC, which meets the
criteria required by Council Policy 4.0, and amend the Community Services Department
fiscal year 2017/18 budget by $137,459 using appropriations available for carryover from
fiscal year 2016/17.
City Council Minutes of July 25, 2017
Page 13 of 25
Police Chief Raul Quezada presented details of the report, providing historical background of an
incident that occurred in 2014, where a nine-year-old girl, Ximena Mesa, was killed by gunfire of
feuding gang members while playing with her siblings across from Brookhurst Park. Several days
later the suspect was arrested. Following that event, a community meeting was held at
Brookhurst Park, where community members overwhelming requested the installation of park
cameras. He worked closely with Public Utilities General Manager Dukku Lee, Director of Public
Works Rudy Emami, and Community Services Deputy Director Larry Pasco in a collaborative
approach to install cameras while reducing expense. He stated they identified $460,000 out of
restricted assets forfeiture funds for the project and reported the City continues to work hard to
make the project a reality thereby creating safe parks for kids to play and families to use. Chief
Quezada commented on technical issues that arose and reported additional work must be
performed with modifications to electrical and lighting for the program to succeed. Pending
Council approval, he anticipated the program will be up and running by October 2017. He
acknowledged and accepted errors that have occurred in the process, thanked his colleagues,
and apologized for not conveying the status of the project. He reported the City's website has
been updated with the status of the project.
DISCUSSION: Council Member Barnes expressed concerns the electrical problems were
discovered late in the process. She believed City staff should have done more due diligence to
confirm there was adequate power and failing electrical infrastructure must be replaced. She
noted the availability of funds in the budget and urged staff to move forward with the project, as
proposed by staff, and get the security cameras up as soon as possible. She stated her belief
security cameras will help make City parks safer and will serve as a deterrent for crimes in parks.
She thanked Mayor Tait for his support of the program.
Council Member Murray commented on the tragedy affecting the Mesa Family and on the
innovative approach presented by Chief Quezada. She expressed her appreciation and urged
staff to make sure the program is implemented as soon as possible.
Council Member Faessel reported he was very familiar with electrical infrastructure and that
issues typically occur. He voiced support for the project and looked forward to installing cameras
at some of the District 5 parks in the future. He hoped staff will take advantage of this learning
opportunity so that when other park systems are added, it does not occur again.
Council Member Moreno expressed his appreciation to Chief Quezada, noted it is a pilot
program, and indicated the need to ensure privacy and civil liberties were respected while
balancing public safety.
Mayor Tait commented on the community's response to the tragedy concerning Ximena Mesa
and felt there was no expectation of privacy at a public park. He expressed his appreciation to
Chief Quezada and City staff for their work on this project.
MOTION: Council Member Barnes moved to authorize the Purchasing Agent to issue a purchase
order to Angeles Contractors, Inc., in the amount of $266,506.86, to perform electrical and
lighting upgrades needed to support the Anaheim Police Departments Overt Surveillance Camera
Project at Twila Reid, Maxwell, and Brookhurst Parks utilizing a cooperative purchasing
agreement issued by the National Joint Powers Authority Contract No. CA-GC08B-082013-AC,
which meets the criteria required by Council Policy 4.0, and amend the Community Services
Department fiscal year 2017/18 budget by $137,459 using appropriations available for carryover
from fiscal year 2016/17, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 7:
(Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel).
NOES — 0. Motion carried.
City Council Minutes of July 25, 2017
Page 14 of 25
A123 9• Accept the proposals and approve Professional Services Agreements with D. Woolley &
Associates, Inc., Johnson -Frank & Associates, Inc., KDM Meridian, and Robert J Lung &
Associates, in an amount not to exceed $500,000 per work order or request, for on-call
land surveying services to support Public Works Construction Services for a two year
period with two additional two-year renewal options and authorize the Director of Public
Works to take the necessary actions to implement and administer the agreements.
DISCUSSION: Mayor Tait noted he has no issue with the selection process and who was
selected but expressed concerns with the not -to -exceed amount with a term of up to six years
without Council input or oversight and without an upper limit.
Public Works Director Rudy Emami reported these limits were approved as part of projects and
the contracts were to augment City staff. The tool was used as part of the budget approval
process which is when Council gives staff the authority to deliver the project. The City decides if
there is staffing available in-house or if it needs to go to an outside consultant. The tool has been
approved by grant agencies and the current system creates an umbrella of competition where
vendors must compete and bring forward their best pricing to be awarded a work order.
Mayor Tait reiterated there needed to be an upper limit set. He asked to continue this item and
direct staff to return to Council with a reasonable, not -to -exceed amount.
Mayor Pro Tem Vanderbilt requested clarification and Mr. Emami reported Council would approve
the original grant application and award the construction contract. City staff decides, internally,
whether it will survey projects with in-house staff or go out to one of its consultants. If a survey
would go over the $500,000 limit, it would return to Council for approval.
In response to Mayor Tait's inquiry, Mr. Emami reported the limit on contracts was based on the
City budget. Mayor Tait suggested setting a reasonable total not -to -exceed amount.
MOTION: Mayor Tait moved to continue this item to August 15, 2017 and direct staff to return
with a not -to -exceed amount, seconded by Council Member Barnes. ROLL CALL VOTE: AYES
— 6: (Mayor Tait and Council Members Murray, Barnes, Moreno, Kring, and Faessel). NOES — 1:
(Mayor Pro Tem Vanderbilt). Motion carried.
D159 27. Presentation on potential changes to the City's mail notice requirements for public
hearings associated with discretionary land use permits and provide staff with direction on
this matter.
Planning Services Manager Jonathan Borrego presented details of the report, noting the item is
being presented at the request of Council Member Faessel. Staff conducted research on options
to enhance the City's mail notice requirements for public hearing items associated with
discretionary land use permits. Council Member Faessel's request was made in response to
questions raised by members of the public as to the adequacy of the City's current noticing
practices. Most recently, such questions were raised during a public hearing associated with a
Conditional Use Permit request for a transitional living facility proposed in a single-family
residential neighborhood, known as Grandma's House of Hope. Mr. Borrego explained the most
common types of discretionary land use permits requiring a mailed public notice include
conditional use permits, variances, zone changes, and subdivision maps and such actions
typically require public hearings before the City's Planning Commission and, at times, the City
Council. Combined, the Planning Commission and City Council conduct approximately 80 to 100
noticed public hearings on land use matters annually.
City Council Minutes of July 25, 2017
Page 15 of 25
Mr. Borrego continued that the minimum noticing requirements associated with such public
hearings are prescribed by the State Government Code. Noticing requirements include the
posting of public hearing notices in at least three public places, the publishing of hearing notices
in a local newspaper for certain legislative actions, such as General Plan Amendments, Specific
Plan Amendments, and Development Agreements, and the mailing of public hearing notices to
potentially affected property owners within 300 feet of the project site. There are exceptions to
the 300 feet noticing requirement, for example, when a project results in the noticing of 1,000
properties the requirement is met with the publication of the notice on the local newspaper.
Historically, the City has adhered to this minimum standard for mailed notification with one
exception relating to the practice of mailing notices to tenants within 300 feet of a project site, as
State law only requires property owners to be notified. The practice of mailing notices to property
tenants was enacted approximately three years ago as a means to ensure that property tenants,
in addition to property owners, were informed of pending planning projects and afforded an
opportunity to provide comment.
Mr. Borrego stated that in preparation for this agenda item, City staff researched the practices of
24 Orange County cities and 9 larger California cities outside of Orange County. Approximately
half of the 33 cities surveyed have adopted noticing standards that exceed the minimum 300 foot
distance required by State law. The expanded noticing distances used by other cities range
between 500 and 1,000 feet and are oftentimes dependent upon the scale, intensity, or
significance of the development project or planning program under consideration. As an
example, the City of Mission Viejo uses a model that ties the notification range to the level of a
project's environmental review required under the California Environmental Quality Act. Under
this model, projects which are categorically exempt from CEQA are subject to the standard 300
feet noticing range; projects that are subject to a Negative Declaration or Mitigated Negative
Declaration are subject to a 500 feet notification range; and projects that are subject to an
Environmental Impact Report, or any amendments or addenda thereto, would be subject to 1,000
feet noticing. Nearly all of the cities researched by staff that provide for expanded noticing also
allow staff to make adjustments to the noticing radius in cases where it may make sense to
expand the notification area. For example, if a typical notification range resulted in only half of
the properties on a cul-de-sac street being notified of a proposed development project, staff has
the option of expanding the noticing area to include all properties on the street.
Mr. Borrego continued that based on the research conducted, staff recommended increasing the
notification range to 500 feet as the minimum standard, 1,000 feet for major projects involving
Environmental Impact Reports, and allow staff to modify distance to ensure equitable noticing. In
terms of the cost of printing and mailing public hearing notices associated with Planning
Commission and City Council public hearing items, such costs are not directly paid by the project
applicant, but rather are paid out of the Department's General Fund budget. In cases where a
Planning Commission action is appealed to the City Council, these costs are covered by the $350
appeal fee paid to the City Clerk's Office. Should the City Council elect to increase the minimum
notification range to 500 feet for all projects as recommended, staff anticipates the City's printing
and postage costs would presumably increase by approximately 40% to 50%. In FY 16/17, the
City incurred $12,800 in noticing costs. A 40% to 50% increase would amount to a total cost
between of $17,920 to $25,600. In terms of next steps, if Council accepts staff's
recommendation, the next step is to initiate an amendment to the Zoning Code, which will be
presented to the Planning Commission and City Council for consideration.
DISCUSSION: Council Member Faessel thanked staff for their work on this item and referenced
his service as a Planning Commissioner, when many residents felt they were not properly noticed
about projects being considered. He reported voting against the Grandma's House of Hope
project, not because of the project, but because of the process. He spoke in support of the
City Council Minutes of July 25, 2017
Page 16 of 25
proposed expansion in noticing, noting it does not present a hardship to the community or the
City and shows the City is receptive to the concerns of neighbors.
Council Member Kring referenced Grandma's House of Hope, noting the project was not
reviewed by Council until 12:30 A.M. and many people pro and con had to leave because of the
lateness of the hour. She asked if there have been any complaints since the project opened and
Planning and Building Director David Belmer reported he was not aware of any complaints
received. Council Member Kring reported they have done a fantastic job, are well-respected, and
there have been no complaints from neighbors. She indicated although she does not see a need
to change noticing requirements, she would support the item.
Mayor Pro Tem Vanderbilt noted increases in postage and asked if there has been any thought
about technology being a solution in the future. He requested that be a consideration going
forward and stated he would support the item.
In response to Mayor Tait's question of whether electronic noticing could be a consideration, Mr.
Borrego reported the most common ways for noticing would be through the U.S. Postal Service
and postings on the City's website. He noted staff was willing to consider taking advantage of
technology and mentioned the Nextdoor application as well as Andy's Map to distribute
information. He added residents can request to be on a Planning distribution list to get
information and agendas of upcoming projects and the City generates an email blast for specific
projects. Currently there is no system to notice electronically in lieu of regular mail.
Council Member Moreno reported the next item includes public outreach and signage for projects
and asked whether all projects would include the same. Mr. Belmer reported it applied to major
development projects such as the next item. Smaller projects would not meet the requirements
and staff would rely on the new 500 -foot radius notification to get the word out. There would be
an on-site notification, but it would not be the signage required under the next item. The City
would exceed State requirements for notification by providing expanded notification, noticing
property owners and tenants, and posting on sites.
In response to Mayor Tait's inquiry, Acting City Attorney Kristin Pelletier reported staff was
requesting input and direction to bring an ordinance back to Council for consideration.
Mayor Tait voiced concerns regarding being overly burdensome on small projects
No action was taken on this item.
28. ORDINANCE NO. 6417 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM adding Chapter 1.11 to Title 1 of the Anaheim Municipal Code to include a
"Sunshine" provision to increase transparency in government operations and establish
lobbyist registration, reporting and disclosure requirements and prohibitions on the
employment of lobbyists.
Deputy City Manager Greg Garcia presented the staff report, stating this was an introduction of
an ordinance adding Chapter 1.11 to Title 1 of the Anaheim Municipal Code pertaining to new
"Sunshine" provisions to increase transparency in government operations. In December, Council
Member Moreno requested staff prepare a Sunshine Ordinance for consideration by the City
Council. Since that time, staff from the City Clerk's Office, City Attorney's Office, and City
Manager's Office have been working with Council Member Moreno on drafting a new ordinance
that seeks to re -iterate current transparency practices, as well as introduce a number of new
City Council Minutes of July 25, 2017
Page 17 of 25
practices and regulations. Mr .Garcia explained the proposed ordinance consisted of seven
sections covering the following areas: Public Meeting Notice and Agenda Requirements,
Broadcast of Meetings, Public Records, Email Retention, Public Outreach on Development
Projects, Lobbyist Registration, and Revolving Door. Relative to the first four sections, he
reported the ordinance seeks to codify current practices with minor enhancements. The
ordinance seeks to codify current practices for public meeting notices and agenda requirements
for the accurate descriptions of agenda, restates the City's new rules with regard to the audio
recording of regular meetings of City Council, established boards, commissions or task forces
subject to the Brown Act, and email retention increased from 30 days to 90 days for City Council
Members, the Mayor, City Council staff, and the City's Executive Team. The section on Public
Outreach on Development Projects seeks to implement new public outreach and early notification
measures for projects in the community and Andy's Map is a webpage with a list of city-wide
projects including project descriptions, timelines, and staff contact information, but will not include
project cost as erroneously stated in the staff report. For City initiated projects, a new
requirement will require at least two community meetings in addition to early noticing of proposed
projects in neighborhoods and new signage requirements for large-scale development projects in
order to better notify the public of projects in their neighborhoods. Staff continues to work to
develop a format, size, and content of the signs.
Mr. Garcia provided information on new requirements relative to a lobbyist registration program to
capture the activities and financing of lobbyists seeking to influence Anaheim officials. All persons
receiving compensation in order to communicate with Anaheim officials for the purpose of
influencing legislative or administrative action will be required to register with the City Clerk.
Lobbyists will also be required to file quarterly reports with the City Clerk and the City Clerk will
prepare an annual report at the end of each calendar year outlining the activity of registered
lobbyists as well as any fines assessed. The ordinance also allows the City Council to establish a
registration fee as part of the program to help defray the cost of administering the program. The
ordinance defines lobbyist and allows for certain exemptions to the registration program which
include public officials acting in their official capacity; newspapers, published periodicals, radio or
television stations in their ordinary course of business; persons invited by the City to provide
testimony or aid the City, such as a consultant; person applying for a permit from the City; any
person licensed by a state licensing organization, or a regular employee of an organization
communicating to the City during the course of their employment on behalf of their employer. In
regards to the Revolving Door provisions, the proposed ordinance seeks to expand upon certain
existing state law provisions. The ordinance would prohibit, for two years following the end of
employment, any city official or employee of Anaheim from lobbying the City. It places new
restrictions on the employment of lobbyists and implements a two-year waiting period following
the person's work as a lobbyist before they can be employed by the City. Finally, it prohibits the
employment of a person that concurrently works for a lobbying firm that engages in lobbying the
City or any of the City's regional boards in which we have a voting role.
Mr. Garcia reviewed details of the proposed amendments to the ordinance, which provide clarity
and consistency. In .010 and .020 of Section 1.11.070 (Lobbyist Registration), clarifying
language was added to include "or any regional agency in which Anaheim has a voting role" to be
consistent the lobbyist definition. Within the same section of the Lobbyist Registration, Section
1.11.070.070, language was added to include a provision that allows appeals to be heard by a
City Hearing Officer should a conflict arise regarding a City Clerk decision requiring a person to
register as a lobbyist. In the Revolving Door section (1.11.080), in Section 1.11.080.010 (1) the
word "appear" was eliminated and in Section 1.11.080.030, clarifying language was added to
state, "any person required to register as a Lobbyist under section 1.11.070".
DISCUSSION: Council Member Moreno thanked staff for their diligent work on this and noted the
need to increase the trust of residents towards their local, city government and increase
City Council Minutes of July 25, 2017
Page 18 of 25
transparency. In terms of integrity at City Hall, the ordinance affirms the business of the people is
being done in an open and transparent way and lets the public know who is trying to influence the
City with money.
MOTION: Council Member Moreno moved to introduce ORDINANCE NO. 6417 AN
ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 1.11 to Title 1 of the Anaheim
Municipal Code to include a "Sunshine" provision to increase transparency in government
operations and establish lobbyist registration, reporting and disclosure requirements and
prohibitions on the employment of lobbyists, as presented with amendments, seconded by Mayor
Tait.
DISCUSSION: Council Member Faessel agreed with requiring lobbyists to register and reported
this document was supposed to be about honesty and clarity, yet when he asked to be involved in
the process, he was denied. He reported other Council colleagues asked for the same courtesy,
but did not get it either. He noted there has been no outside input from impacted entities and
questioned that the document was created only for transparency, adding that some staff
members may be being targeted. Council Member Faessel indicated the ordinance seems to be
somewhat selective and would cost three current Council Members their aides without affecting
the other Council Members. He stated, despite that, he supported the ordinance and offered
specific examples that could present challenges, stressing the need for more open discussion on
the subject.
Council Member Kring agreed with Council Member Faessel's concerns and reported Form 460
provides information about every single person who has ever given her money for her campaign.
She reported her aide would not be affected, referred to other aides serving at campaign
fundraisers, and addressed other actions of aides on campaigns. She opined the proposed
ordinance was nothing but political, felt this would increase developer costs, and commented on
current practices. She expressed concerns with posting signs on sites, noting projects take a
long time and they will get weathered and tagged so they will need to be replaced often. She
questioned retaining emails for longer than 30 days and fining lobbyists, noting it will burden the
City Clerk's office. She felt the ordinance proposed a solution to a problem that did not exist and
there were many issues the proposed ordinance does not address.
Mayor Pro Tem Vanderbilt noted his support for increased transparency and noted the
importance of distinguishing between volunteering and work -for -hire in terms of his Council aide.
He requested clarification relative to the revolving door provisions and Mr. Garcia reported there
was a general restriction relative to City officials and employees waiting at least two years after
their term or employment with the City before they can lobby City officials. He added they cannot
advocate or lobby before any City official or employee for compensation on behalf of another
person and they cannot accept employment or other receive compensation from a person or
organization that entered into a contract with the City within a year prior to their termination,
where the official or employee personally participated in the award of the contract for the City and
will subsequently perform work related to that contract for the person or organization awarded the
contract. Mayor Pro Tem Vanderbilt asked regarding contracts with public agencies and Mr.
Garcia reported this applied to them as well.
Council Member Moreno stated he regrets if any Council Member felt targeted and reported this
was about having the public feel fully confident in the workings of their City government. He
reported no Council Member was targeted and, while any ordinance would have unequal impacts
on people, it does not mean the ordinance is inequitable. He added the ordinance was targeted
at making sure the people are clear about the City's business and what matters most is the ethics
Council promotes. He reported his aide volunteered at a non -campaign event but a "thank you"
for people who supported his campaign. He noted a key distinction was this related to people
City Council Minutes of July 25, 2017
Page 19 of 25
who are compensated and directly influence, through communication or through agents, the
decision-making process of the City. Council Member Moreno reported that because of the
Brown Act, he could not speak to more than two Council Members about the matter and when he
announced his intent, no Council Member offered to help or be involved. In terms of developers,
he reported they can advocate for their project. However, if a developer has a paid agent to
speak with a Council Member, that agent must register as a lobbyist, and this applies to City staff
as well as they cannot be compensated or work for a lobbying firm. He reported he was
approached by a firm who represented his predecessor on Council and that firm was paid to run
his campaign but was also paid to staff the Council office.
In response to Council Member Kring, Council Member Moreno added the intent was to limit the
opportunities where special interests crisscross with the interest of the people.
Council Member Kring reported that campaigns end and then a different working relationship can
occur with the same company. She reported many developers hire consultants and, per the
proposed ordinance, they would have to register as a lobbyist. She did not believe a fee should
be paid by someone who is working for someone to help get a project into the City. She
commented that this has taken a long time and a lot of work for staff and no other Council
Members were consulted.
Mayor Pro Tem Vanderbilt stated someone who is paid to directly influence Council's decision
process on their behalf is a lobbyist. He referenced companies that do business with the City,
some of which are public agencies or non-profit organizations, and expressed concerns about
having them register as lobbyists.
Council Member Moreno referenced the revolving door provisions, noting it is clear in terms of
definitions and criteria.
In response to Mayor Pro Tem Vanderbilt's question, Mr. Garcia reported there is a two-part test
before an employee is barred. First, the former official or employee had to have personally and
substantially participated in the award of a contract while at the City, and secondly, they would
subsequently perform work related to the contract once they were employed with the contract
recipient. If a former official or employee works for the contract recipient and does not work on
the contract, they would not be barred.
Mayor Pro Tem Vanderbilt wondered about enforcement and Mayor Tait presented a hypothetical
situation illustrating the ordinance.
Interim City Attorney Kristin Pelletier offered clarification of the criteria in determining who would
be barred as stated by Deputy City Manager Garcia.
In response to Mayor Pro Tem Vanderbilt's inquiry, Ms. Pelletier reported there was no
enforcement mechanism for the revolving door section of the ordinance. Assuming Council
adopts the ordinance, staff will put together administrative regulations that would apply to City
employees.
Council Member Moreno affirmed regulations would specify a City official/employee should not be
meeting with a lobbyist directly. If a City official/employee goes to work for the contractor, they
cannot be directly involved with the project or lobby the City.
Mayor Tait added most of this involves self -enforcement and spoke in support of the ordinance
City Council Minutes of July 25, 2017
Page 20 of 25
Council Member Murray stated there was a section in the ordinance that lacked clarity in terms of
enforcement and compliance. She stated this was done without any stakeholder input and was
being asked to be voted on without consideration of the public and the Council dais, without
reading, and with three -days of notice. She reported agencies and the public have indicated they
do not believe the ordinance goes far enough, and she agreed. Council Member Murray stated
there was a glaring omission by lacking provisions in terms of conflicts of interest. The ordinance
title stateed it would prohibit the employment of lobbyists, yet it does not, as it only prohibits
individuals working for a lobbying firm. The focus should not be on the employers of some of the
City's contract employees but on those who work as actual, registered lobbyists in the City or
regional agencies working in Anaheim. She suggested eliminating the statement, "Where
Anaheim has a voting role" and stated it should include, "Regulate any regional agency that
regulates Anaheim on a local, regional, State or Federal level. All agenda items offered by a
member of the Council should include a statement from the member of the Council identifying any
colleagues they communicated with, prior to the item being heard in public." She felt the
ordinance should be expanded and there should be added input from stakeholders and the
public. Additionally, she commented on the Mayor's efforts to reduce red tape and felt this would
add regulatory burdens, particularly when it comes to affordable housing. The ordinance focuses
only on business entities and ignores groups that are well -funded by numerous entities to
influence City Hall and there are numerous non -business entities that fund significant campaigns
and/or provide full-time staff to specifically influence decisions at City Hall, and they are entirely
excluded.
AMENDED MOTION: Council Member Murray moved to introduce the ordinance with the
following revisions: update lobbyist definition on page 3 to include all agencies that regulate
Anaheim, include names of any Council Member consulted on agenda items on page 4, add a
conflict of interest section on page 5 including written notice to the City Clerk of any possible
conflict of interest prior to consideration of the item by members of the City Council and Planning
Commission, add contracted regional agencies where the employee/official served as the city's
representative to page 8, update subsection .030 on page 9 to include registered lobbyist and
regional agencies, and include recommendations from Mayor Pro Tem Vanderbilt and return the
matter for Council consideration at a later date, seconded by Council Member Kring.
DISCUSSION: Council Member Kring indicated she would prefer changing the length of time
before an official or employee of the City can go work for a contractor from two years to one year
and changing the email retention policy to maintain the current 30 -day email retention policy.
Council Member Murray reported the Federal government requires two years and stated she has
no problem with it.
Council Member Faessel stated he would like to clearly understand Council Member Murray's
points and asked whether Council would be willing to continue the item to the next meeting for the
opportunity to incorporate her suggestions into the ordinance. He stated he does not oppose the
item but would like additional time to incorporate suggestions.
Ms. Pelletier asked Council whether it would consider bringing the item back to incorporate
changes and reintroduce the ordinance. She reported that per Council rules, the amended
motion must be acted upon first.
Council Member Moreno urged Council to approve the item to avoid delays and return to Council
later to consider the proposed amendments.
City Council Minutes of July 25, 2017
Page 21 of 25
Council Member Murray stated she would like Council to get this right and noted Council Member
Moreno has been working on this for months without input from everyone. She felt it important for
Council colleagues to be able to contribute before regulations were put in place. She added there
have been numerous stakeholders who have indicated the need for additional time to review the
matter. She stated there has been sunshine in the City and the City goes above and beyond to
promote transparency. There is always room for improvement, but if Council was to take
additional steps, it was important to get it right.
Mayor Tait noted the item was posted and Ms. Grindle commented on it. He stressed this was an
introduction and the public have opportunities to review it. He addressed the Brown Act
limitations in terms of discussing the item with other Council Members and did not believe this will
be burdensome to developers and will allow the public to speak with developers directly. This
only affects big projects and spoke in support of the ordinance, as presented.
Council Member Faessel stated this will end up resulting in one of the most open sunshine
ordinances in Orange County and advocated for additional time to review the matter and
incorporate changes.
Mayor Tait spoke in support of the ordinance, as presented and suggested amendments could be
forwarded at a later time.
Council Member Kring spoke in support of postponing the item, noting Council and the public
need more time to review it. She reported the City has never had a problem with the issues
addressed in the ordinance.
Council Member Moreno used an example of a former Mayor who used his relationship in the
City to have many contracts heard and/or preferred. He affirmed this was an eight-month
process, noting staff has asked him to postpone working on it until they had the opportunity to
work on other ordinances. He asked Council to approve the ordinance to send a message to
lobbyists that Anaheim is not open to pay -to -play politics and those who attempt to do it will be
known by the public.
Council Member Murray stated this was not a request to stall, but rather a request to strengthen
and asked Council to consider her specific changes that would do what the title of the ordinance
stated.
Council Member Moreno read from the ordinance and reported the intent is to not allow a
lobbying firm to simultaneously have an employee working for the City.
Council Member Murray addressed the title of the ordinance and opined the ordinance should
indicate, "Registered lobbyists or employees of lobbying firms..."
In response to Council Member Moreno's inquiry, Ms. Pelletier stated Section .030 would
prohibited a lobbyist from being employed for a period of two years. Section .040 prohibits the
concurrent employment of employees of lobbying firms. She added staff could easily amend the
title of the ordinance for clarity.
Council Member Murray stated her intent was to make this expansive, including regional
agencies, and not create narrow exceptions.
Mayor Tait commented positively on the ordinance and reiterated he would not like to delay it
City Council Minutes of July 25, 2017
Page 22 of 25
In response to Mayor Pro Tem Vanderbilt's question, Ms. Pelletier clarified the motion and the
amended motion.
AMENDED MOTION: Council Member Murray moved to introduce the ordinance with the
following revisions: update lobbyist definition on page 3 to include all agencies that regulate
Anaheim, include names of any Council Member consulted on agenda items on page 4, add a
conflict of interest section on page 5 including written notice to the City Clerk of any possible
conflict of interest prior to consideration of the item by members of the City Council and Planning
Commission, add contracted regional agencies where the employee/official served as the city's
representative to page 8, update subsection .030 on page 9 to include registered lobbyist and
regional agencies, and include recommendations from Mayor Pro Tem Vanderbilt and return the
matter for Council consideration at a later date, seconded by Council Member Kring. ROLL CALL
VOTE: AYES — 3: (Council Members Murray, Kring, and Faessel). NOES — 4: (Mayor Tait and
Council Members Vanderbilt, Barnes, and Moreno). Amended Motion failed.
SECOND AMENDED MOTION: Mayor Pro Tem Vanderbilt moved to introduce the ordinance as
presented and direct staff to return with a red -lined ordinance for introduction on August 15 to
include his and Council Member Murray's suggested revisions and additions, seconded by
Council Member Murray. ROLL CALL VOTE: AYES — 3: (Council Members Murray, Kring, and
Faessel). NOES — 4: (Mayor Tait and Council Members Vanderbilt, Barnes, and Moreno).
Second Amended Motion failed.
MOTION: Council Member Moreno moved to introduce ORDINANCE NO. 6417 AN
ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 1.11 to Title 1 of the Anaheim
Municipal Code to include a "Sunshine" provision to increase transparency in government
operations and establish lobbyist registration, reporting and disclosure requirements and
prohibitions on the employment of lobbyists, as presented, seconded by Mayor Tait. ROLL CALL
VOTE: AYES — 5: (Mayor Tait and Council Members Vanderbilt, Barnes, Moreno, and Faessel).
NOES — 2: (Council Members Murray and Kring). Motion carried. Ordinance introduced.
D116 29. Review Chapter 11.10 of the Anaheim Municipal Code related to the City's Anti -Camping
Ordinance, and direct staff to continue an integrated, comprehensive program to ensure
the homeless and public are protected.
DISCUSSION: Mayor Tait noted there was already an ordinance, the item requires no action,
and there is no effect. He opined this item was submitted with political intent and assigned two
minutes for each Council Member to comment on the item.
Council Member Kring stated her intent was to ensure the public knew the City would keep the
anti -camping ordinance in place. She asked staff to return to Council with suggested
improvements and noted there as a lot of misunderstanding and misinformation regarding the
seizure of property.
Council Member Murray commented on Council Members being able to add agenda items and
comments regarding intention. She felt continued dialogue was valuable and reported many
residents were concerned with dealing with the homeless as well as feeling safe. She addressed
the Homeless Task Force and reported there was no resident on the committee who has not
taken a strong stand in trying to overturn the City's anti -camping policies. She suggested having
a representative from west Anaheim in the group.
City Council Minutes of July 25, 2017
Page 23 of 25
Council Member Moreno announced the Homeless Task Force will be meeting on Thursday, July
27th at 8:30 A.M. at the Gordon Hoyt Conference Center, and invited the public to attend. He
reported it is a body already approved by Council and reported having invited Council Members
to submit individuals or groups to be considered as members.
Council Member Faessel noted the City was stepping in the right direction in terms of the
homeless but tinkering with the anti -camping ordinance was not going in the right direction.
No action was taken on this item
PUBLIC HEARING: 10:56 P.M.
F130.4 30. This is a public hearing to grant a franchise to Cardinal Pipeline, L.P., to maintain and
operate pipelines for the transportation of hydrocarbon substances in Knott Avenue.
ORDINANCE NO. 6418 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM granting a franchise to Cardinal Pipeline, L.P., a California Limited Partnership,
to maintain and operate pipelines for the transportation of hydrocarbon substances in
Knott Avenue.
Determine that the proposed ordinance is exempt from the California Environmental
Quality Act pursuant to Public Resources Code Section 15301 (existing facilities) of Title
14 of the California Code of Regulations as this franchise is being issued on an existing
pipeline.
Public Works Director Rudy Emami presented details of the report, stating this franchise was an
improved and updated franchise to replace the Paramount Petroleum Franchise from 2003 for
two pipelines along Knott Avenue within the city limits. Cardinal Pipeline is committing to improve
safety for the citizens of Anaheim and reducing the liability of the city by inspecting and repairing
this existing oil pipeline and providing proper insurance, bonding, and resources. No construction
is permitted as part of this franchise, as Cardinal Pipeline will be required to obtain right-of-way
construction permits through the normal process. This franchise will require Cardinal Pipeline to
identify the pipeline locations through dig -alert and relocate the pipeline if required by the City.
He further reported the franchise will bring in an annual fee of $14,800 for the General Fund.
DISCUSSION: Mayor Pro Tem Vanderbilt commented on other contracts in the past where there
has been a franchise fee for other pipelines but, in this case, there is a specific formula for
assessing fees and asked for clarification of the differences. Mr. Emami reported using a formula
identified by the California Utilities Commission. He added some franchises are more
complicated with different technologies and uses but, relative to a pipeline, the formula is straight
forward.
Mayor Tait opened the public hearing.
William Fitzgerald, Home Owners Maintaining Our Environment, reported receiving many
concerns from his group about this matter. He opined the report omitted a lot of information such
as a map of the location of the pipeline and referenced a similar project in Northern California.
He opined there was a conflict of interest for one Council Member and spoke in opposition to this
item, noting Council would endanger life and cause millions of dollars spent on property damages
for only $15,000 a year. He added Mayor Tait's family business has done extensive business
working on gas piping and storage tanks.
City Council Minutes of July 25, 2017
Page 24 of 25
Bryan Kaye opined the project was dangerous and against public safety. He stated he would like
for the City to be honest and transparent in responding to his requests. He alleged Council was
not honest and had no integrity.
"The Cameraman" felt this project was a safety hazard to residents and the people of Anaheim.
He addressed the importance of following policy and reported the Anaheim Police Department
was not following policy in terms of dealing with the homeless.
Mike Robbins reported "The Cameraman" was a teenager who rides his bicycle from Cerritos and
Dale to attend Council meetings, he is brilliant, and thanked him for his advocacy.
Mayor Tait closed the public hearing.
In response to Mayor Tait's question regarding a possible conflict of interest caused by his
business, Interim City Attorney Kristin Pelletier reported for it to be a conflict of interest, the item
would have to have a financial impact on a source of income to him. She stated she was not
aware of any repercussive effects and felt this did not present a conflict of interest.
MOTION: Council Member Kring moved to introduce ORDINANCE NO. 6418
AN ORDINANCE OF THE CITY OF ANAHEIM granting a franchise to Cardinal Pipeline, L.P., a
California Limited Partnership, to maintain and operate pipelines for the transportation of
hydrocarbon substances in Knott Avenue and determine that the proposed ordinance is exempt
from the California Environmental Quality Act pursuant to Public Resources Code Section 15301
(existing facilities) of Title 14 of the California Code of Regulations as this franchise is being
issued on an existing pipeline, seconded by Council Member Faessel. ROLL CALL VOTE:
AYES — 7: (Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and
Faessel). NOES — 0. Motion carried. Ordinance introduced.
REPORT ON CLOSED SESSION ACTIONS: None
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Council Member Murray requested the addition of Esther Wallace or another west Anaheim
resident to the Homeless Policy Working Group; requested staff bring back a revised and
expanded Sunshine ordinance for introduction on August 15 to include her specific amendments
and incorporate language from Mayor Pro Tem Vanderbilt; requested a recognition for the civic
engagement efforts of Palm Lane Elementary School parents; and asked for the meeting to be
adjourned in memory of Bill Heidelman.
Council Member Kring requested the meeting also be adjourned in memory of Charlotte Brady
and announced the Caterina's Club 13th Annual Gala to be held on August 27 and the Anaheim
City Day at the Orange County Fair on August 2.
Council Member Moreno encouraged applicants to apply to serve on the Youth and Senior
Commissions; reported his attendance at a tour of the Emergency Operations Center, a small
business support workshop, and the ACC -OC Legislative Congress hearing with Assemblyman
Lou Correa; and announced the following upcoming events: Homeless Policy Working Group
meeting on July 27 at Gordon Hoyt Conference Center, Welcoming Anaheim final meeting on
July 28, Downtown Community Center movie night on July 31, National Night Out at La Palma
Park on August 1, and the Green Bird Third Anniversary on July 29.
Council Member Barnes requested a LED Retrofit Policy agenda item by the end of August
City Council Minutes of July 25, 2017
Page 25 of 25
Mayor Pro Tem Vanderbilt reported his attendance at a Girls Inc. event at Chapman University
focused on entrepreneurial skills for elementary school girls and thanked Interim City Manager
Linda Andal for her communication efforts.
Council Member Faessel highlighted approved CDBG funding projects from Item No. 16; reported
the ground -breaking for a new fire station in District 5; acknowledged the efforts and work of the
Trauma Intervention Program (TIP) volunteers and the grant from SCAQMD to local school
districts for zero -emissions school busses; and announced the dedication of the Home Aid Family
Care center in Orange to house families in need, the pancake breakfast at Applebee's which
raised approximately $2,000 for the Anaheim Halloween Parade and Fall Festival, and
announced another fundraiser there on July 27 for the same event.
Mayor Tait showed a video reflecting his bet and donations regarding the Anaheim Ducks' loss to
the Nashville Predators, congratulated GOALS on their opening of Dreamscape 2, reported his
attendance at the AUHSD Summer Internship mentoring program finale event, and requested an
agenda item to terminate the automobile dealer incentive program.
ADJOURNMENT:
With no further business before the City Council and without objection, Mayor Tait adjourned the
meeting of July 25, 2017 at 11:50 P.M. in memory of Bill Heidelman and Charlotte Brady.
Respectfully s itted,
eresa Bass, CJJC
Acting City Clerk