08/29/2017ANAHEIM CIN COUNCIL REGULAR
AND REGULAR ADJOURNED MEETING OF AUGUST 29, 2017
The regular meeting of August 29, 2017 was called to order at 3:00 P.M. and adjourned to 4:00
P.M. for lack of a quorum. The regular adjourned meeting of August 29, 2017 was called to order
at 4:08 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 August 25, 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: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
CLOSED SESSION: At 4:09 P.M., Mayor Tait recessed to closed session for consideration of
the following items:
CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representative: Jason Motsick, Acting Human Resources Director
Position: City Manager
2. 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.
Item No. 02 was deleted from the agenda and not considered by Council.
3. 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.
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Section 54956.8 of the Government Code)
Property: The entire 1.142 acre Northgate Gonzales Market property located on North
Anaheim Boulevard, APN 035-083-32
Agency Negotiator: Kristine Ridge, Assistant City Manager
Negotiating Parties: City of Anaheim and the Gonzales Family
Under Negotiation: Price and terms of payment regarding lease/purchase
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Section 54956.8 of the Government Code)
Property: 1221 Auto Center Drive, APN 253-471-04
Agency Negotiator: Kristine Ridge, Assistant City Manager
Negotiating Parties: City of Anaheim and McPeeks Dodge
Under Negotiation: Price and terms regarding lease and/or purchase
City Council Minutes of August 29, 2017
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At 5:14 P.M., the City Council session was reconvened.
Invocation: Pastor Roger Sullivan, Anaheim Christian Center
Flag Salute: Council Member Lucille Kring
Presentations: Recognizing Jonathan Borrego for his service to the City of Anaheim
Mayor Tait congratulated Jonathan Borrego, Planning Services Manager, for his 29 years of
service Anaheim and noted he would be missed as he began the next chapter of his career,
working for the City of Oceanside. Mr. Borrego expressed his appreciation to Council and the
City for the recognition and shared his experiences working for the city.
Recognizing Raymond Huffman, Apprentice Substation Electrician, Reyes
Sandoval, Substation Electrician, and Jose Torres, Apprentice Substation
Electrician, for their assistance at an automobile accident
On behalf of Council, Mayor Tait recognized Raymond Huffman, Apprentice Substation
Electrician, Reyes Sandoval, Substation Electrician, and Jose Torres, Apprentice Substation
Electrician, for their assistance at an automobile accident occurring on July 6, 2017.
Recognizing Community Service Volunteen Kyle Burnham
Mayor Tait recognized Community Service Volunteens for participating on the Summer
Community Services Volunteer Program and who donated 50 or more hours of service over the
summer. He reported they have donated over 6,500 hours of community service. He introduced
Kyle Burnham, who had the most service hours, over 200 hours, for the people of Anaheim.
Acceptance of Other Recognitions (To be presented at a later date):
Proclaiming September 8, 2017, as International Literacy Day
Joe Purtell, Supervising Librarian for Public Services at Anaheim Central Library, accepted the
proclamation and listed organizations in Anaheim that provide literacy instruction to adults or
support literacy for children, including Quiet Heroes, Reed OC, North Orange Continuing
Education, Operation Literacy Engaging Everyone, and Altrusa. He announced an author visit
and other events on September 16th at the Anaheim Central Library at 2:00 P.M. and distributed
flyers with additional information on upcoming events.
Proclaiming September 10-16, 2017, as International Hotel Housekeepers
Week
Proclaiming September 11, 2017, as Patriot Day
Police Chief Raul Quezada thanked Council for recognizing September 11, 2017, as Patriot Day.
He commented on the events of September 11, 2001 and the sacrifices of first responders.
Anaheim Fire Department Deputy Chief Tim O'Hara thanked Council for its support and
commented on the events of September 11, 2001.
Proclaiming September 15 -October 15, 2017, as Hispanic Heritage Month
Proclaiming September 2017, as Senior Center Month
City Council Minutes of August 29, 2017
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Proclaiming September 2017, as Preparedness Month
Anaheim Fire Department Deputy Chief Tim O'Hara accepted the proclamation and thanked the
City Council and the City for the acknowledgement. He commented on the recent hurricane in
Houston and noted the importance of having an emergency plan. He listed programs in Anaheim
to help residents be prepared in cases of emergency, including Community Emergency
Response Training.
Mayor Tait highlighted the Hi Neighbor Program that helps residents get to know their neighbors.
Proclaiming September 2017, as World Alzheimer's Awareness Month
Kristen Maahs-Kolberg, on behalf of Alzheimer's Orange County, accepted the proclamation and
shared her experience taking care of her grandmother, an Alzheimer's patient, for five years. She
addressed the organization's efforts in finding a cure and encouraged Council and residents to
participate in this year's Walk for Alzheimer's on November 11, 2017, at Angel Stadium.
Additional information and registration information can be found at www.alzoc.org, and a 24-hour
hotline number is available for help and support at 844-HELPALZ. She thanked Council and the
city for its support.
ADDITIONS/DELETIONS TO THE AGENDA:
Acting City Clerk Theresa Bass reported staff requested to continue the appointments to the
Senior Citizen Commission under Item No. 22 to September 12, 2017.
Acting City Attorney Kristin Pelletier announced Item No. 2 on the Closed Session agenda was
deleted and not considered by Council.
PUBLIC COMMENTS (all agenda items): 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 the need to love our enemies,
read passages from the Bible, and commented on Disney.
Larry Slagle, Yellow Cab and Board Member, Visit Anaheim, spoke regarding the Max Program
recently launched by the Sheraton Park Hotel regarding Autism Spectrum Disorder which affects
millions of people. The program allows for special accommodations for people suffering from the
disorder through special staff training. Patrons can call 800-325-3535 and ask for the program.
He thanked management of the Sheraton Park Hotel for showing how kind the city of Anaheim
can be.
Mayor Tait commented positively on the program, referenced a recent article in the
Orange County Register, and thanked Mr. Slagle for his presentation.
Duane Roberts referenced a staff report on Police oversight outreach (Item No. 25), stated he
was glad the city was veering away from allowing people who do not reside in Anaheim to serve
on the Public Safety Board (PSB). He commented positively on the city maintaining the prior City
Manager's ban on allowing current, former, retired, or any active -duty law-enforcement personnel
from serving on the PSB, adding the PSB should be a civilian board.
City Council Minutes of August 29, 2017
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Paul Hyek, Bridges at Kramer Place, reported a tent they were using as a dining room has no
lights and needs electrical power. He reported the homeless were brought in from other areas to
the Santa Ana Courtyard by Midnight Mission.
Mayor Tait asked the City Manager to send a note to the shelter.
R. Joshua Collins, Homeless Advocates for Christ, commented on the importance of giving your
life to Christ and offered his view on Council's actions regarding the poor and homeless. He
added the city needed to target criminal activity, stop criminalizing those who were merely trying
to survive, and do the right thing.
David Bracey & Kate Strauss, Anaheim University, thanked the city for its support, commented on
the recent Multi -Cultural Education Conference at the Anaheim Convention Center, and provided
highlights of the event.
Carol Latham announced upcoming events, including the following: a meeting of the Arts Council
on September 7th where various groups will be discussing the importance of the arts and
increased collaboration; September 8th as the beginning International Literacy Day, with a kickoff
for the creative writing project in collaboration with Altrusa, Ponderosa Elementary School, and
the Anaheim Public Library; September 16th, another collaboration with the Anaheim Public
Library, Altrusa, and NEA Big Read to discuss the city's literacy program with the book, Into the
Beautiful North, as the featured book with month-long activities planned; and September 23rd, the
Muzeo will have an ongoing exhibit, "Crossing Borders with Art and Literature", a collaborative
effort between the Muzeo, The Getty, and LACMA. She also commented on the Poet Laureate
and Arts in Public Places program.
Daniel Robbins commented on Council Member Kring's statements regarding the Statue of
Liberty and its corresponding poem. He also spoke about residents' opposition to restrooms
along the riverbed.
Laura Robbins spoke regarding the homeless issue and alleged the problem was not with the
riverbed, but rather with Council. She urged Council to provide basic, human rights and portable
restrooms at the riverbed.
Wes Jones reported the issue was not about restrooms on the riverbed, but rather a referendum
on the riverbed encampments and was being driven by political posturing for the next election.
He urged Council to approve the restrooms and asked for prayers for his daughter and her family,
who were trapped in flood waters.
Kevin George reported attending a recent meeting of the Homeless Working Group and found it
lacking in terms of a diversity of perspectives, which in turn, caused them to lose credibility in his
view. He asked Council to place on a future agenda the addition of a representative from District
5 into that group. He referenced a petition that was being distributed, addressed forming a group
(OC Residents, United), and noted receiving 11,000 signatures. Mr. George reported the petition
represented a "middle of the road" approach and highlighted a compassionate component within
it.
Renee B. urged Council to vote yes on the portable restroom issue, noting it needed to be treated
as an emergency. She shared the case of Gustavo Najera, shot by an Anaheim Police Officer,
announced an upcoming wrongful -death trial against the officer on September 26th at 9:00 A.M. at
the Reagan Federal Building in Santa Ana, Courtroom 10A, and urged Council to seek the truth.
City Council Minutes of August 29, 2017
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Jeong "Jay" Suh announced his intent to become a Sister City Commissioner in Korea and stated
he would like to establish a sister -city relationship between Anaheim and Korea.
Mayor Tait reported the city of Anaheim pursued a sister -city relationship with Korea. He
directed Mr. Suh to contact his office to arrange a meeting to discuss the matter.
Julie Brunette spoke in opposition to Item No. 26 and urged Council to work as a team for all
residents.
Andrew Carpenter spoke about the problem with coyotes in city neighborhoods, noting pets in the
area have been attacked and killed. He stated coyotes lived in nearby nurseries and asked
Council to address the issue as soon as possible to avoid any more pet deaths.
Council Member Moreno reported neighbors came together, appeared before Council,
and staff quickly developed a Coyote Management Plan. Council asked staff to return
with an update of the plan, including live mapping.
Juliette Rojas, Alzheimer's Orange County, invited Council to the 2017 Walk for Alzheimer's,
commented on the event, and invited residents to help them raise funds in their efforts to find a
cure. The event will be held at Angel's Stadium and Ms. Rojas urged everyone to register at
www.alzoc.org/walk.
Michelle Mayorga alleged Council has allowed homeless encampments along the riverbed to
grow and prosper by adding portable restrooms, which would only add more homeless in the
area. She opined by enabling them, Council supported drug -use, prostitution, theft, and
vandalism. She shared her husband's personal experience using the riverbed to exercise and
hoped a solution will be found to get the mental health the homeless need but felt by making it
easier for the homeless to live there will only worsen the problem. She urged Council to vote "no"
on Item No. 26 of the agenda.
Trevor O'Neil spoke in opposition to Item No. 26, noting the Santa Ana Riverbed was not built for
people to live. He added the trail was a public resource and the public's use has been
dramatically restricted. He reported the county was committed to a plan to deal with the matter,
including making restrooms and showers available. He addressed the criminal element,
referenced a County report of issues last month, which showed that almost 30% of the homeless
population in Orange County have been released from jail or prison within the last 12 months. He
suggested having an increased presence of Police Officers around the riverbed area to deter
criminal activity, and in surrounding neighborhoods, to send a message that the criminal as iws
not welcomed in Anaheim.
Council Member Moreno asked for clarification regarding the County report, to which Mr.
O'Neill replied the County report indicated almost 30% of the homeless community have
been released from jail or prison within the last 12 months. 30% of them were released
subject to Proposition 47.
William Fitzgerald, Home Owners Maintaining Our Environment, reported the Anaheim population
is 60% Latino and six of the seven Council Members are white. He alleged Council limited the
public's right to free speech when it limited the length of time allowed for public comments. He
commented on the 10011 anniversary of the U.S. Army, 42nd Infantry, Rainbow Division and on
their representation of the rainbow flag and stated opposition to the rainbow banner posted
outside City Hall.
City Council Minutes of August 29, 2017
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Anthony Caso referenced a letter from Greg Waldenbach, Director of Life, Justice and Peace, for
the Roman Catholic Dioses of Orange, asking Council for a favorable consideration on Item No.
26 and distributed a copy to the City Clerk. He urged Council to act in goodwill and consider the
humanity of how we treat our most vulnerable population. He hoped the city would work with
other agencies to open more shelters and find reasonable solutions for this problem. He noted
adding portable bathrooms was a temporary solution.
"The Cameraman" spoke regarding the homeless issue, increased temperatures, and their need
to stay out of the sun, further stating shelters were full and the city had no affordable housing for
the homeless. He commented on Council's previous action to reduce the time for public
comments during the last Council meeting and addressed a conversation with Chief Quezada
who indicated he would be receiving an email from Internal Affairs, which he was still waiting for
it.
Ross McCune, Chairman of the Anaheim Chamber of Commerce, spoke in favor of the Economic
Auto Policy noting it helped dealerships grow and compete, created high-end jobs, and provided
benefits to the community.
Frank Busalacchi spoke in favor of the Economic Auto Policy, noting it would allow for the
expansion of his dealership.
Jerry Alder, GardenWalk, presented an update on new venues and events at GardenWalk. He
noted additional information could be obtained on their website and thanked Council and the city
for their support.
Jamie Ludovise spoke in support of Item No. 26, noting there were no shelters or resources for
the homeless living along the riverbed.
Kathleen VanHorn opined that allowing portable toilets along the riverbed would only extend their
lifestyle and not allow them any incentive to change. She indicated there were other resources
for helping the homeless and offered her help in coming up with a good solution.
Rebecca Whitehead spoke in support of Item No. 26 and declared placing restrooms along the
riverbed would not make it into a "destination hotspot", did not enable people, but only provided
them with the basic sanitation they needed and was their right. She referenced Maslow's
Hierarchy of Needs and noted providing basic needs was the foundation for people's potential.
She addressed the rainbow flag, reported there were many queer homeless people who have
been rejected by society, and urged Council to stand with all queer people.
Sal Rios expressed concerns with the public safety issue of homelessness and opined adding
portable restrooms would only make the problem permanent. He spoke in opposition to Item No.
26 and alleged that Anaheim Police response time has increased.
Donald Dermit, The Rock, read a letter from Jerry Dermit, Senior Pastor at the Rock, thanking
Council, the city and the county, and in support of Item No. 26. The letter confirmed The Rock
was committed to donate $300 per month, for six months, to maintain the portable restrooms and
that other organizations would join to cover remaining costs.
Jeanett Saldivar reported District 5 was not being represented, not including Council Member
Faessel in discussions, and shared her experience of a homeless lady harassing her children in
her own driveway and thefts of her property. She spoke in opposition to Item No. 26 and
commented on many of her neighbors' plans to sell their houses and leave the city.
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Council Member Moreno referenced the Homeless Working Group and reported, because
of the Brown Act, only three Council Member can participate. City Council approved the
group's membership, which includes Council Member Barnes, Mayor Tait, and himself.
He added City Council approved the membership of a resident, at the recommendation of
Council Member Murray, during the last Council meeting.
June Hamze spoke regarding the property at 910 Western Avenue, noting it has been vacant for
some time, homeless have taken it over, weeds are overgrown, and its condition has reduced the
value of her home. She stated opposition to Item No. 26, and opined the homeless have more
rights than homeowners.
Victor Bernal reported he was a homeowner and a business owner, but his son got leukemia and
he lost his home and business. He indicated he got a job, but fell and was injured and ended up
living on the riverbed. Doing so has helped him get to know the people there and Mr. Bernal
stated there were very few criminals there, but people were desperate for help. He suggested the
city should have a mobile methadone clinic to help addicts get clean, as they have no money for
transportation to the nearest methadone clinic and they need restrooms. He spoke in support of
Item No 26 and urged Council to give them the tools to improve their situations.
Mohammed Aly thanked Mr. Bernal for his courage in addressing Council tonight and noted
several members of the homeless community attended tonight's meeting. He indicated support
for Item No. 26, listed organizations that also support it, and offered to stay until after the Council
meeting to speak with residents regarding the matter. He urged Council to push for solutions and
reported it was costlier to taxpayers to deny basic sanitation to the homeless.
Jestin Samson, friend of the Orange County Alleviation Coalition, spoke in support of Item No. 26
adding that using restrooms was a public necessity and was related to public safety. Mr. Samson
stated the end goal was to provide the homeless with affordable housing and provide services
that will help them with drug -addiction and mental health.
John Safari reported he helped with fundraising for the portable toilets and spoke in support of
Item No. 26. He indicated the homeless have nowhere to go and portable toilets were not the
long-term solution, but they make it safer for everyone. He urged Council to act with empathy
and compassion and vote "yes" on Item No. 26.
Clarissa Clark spoke in support of Item No. 26.
Lucinda Clark spoke in support of Item No. 26 and reported she lived on the riverbed in the past
but overcame her addiction and could get back on her feet with her family.
Alyssa Clark shared she once lived in the riverbed and knows how hard it is. She spoke in
support of Item No. 26 and stressed everyone needs a safe place to take care of their sanitary
needs.
Katherine Monser, riverbed resident, shared her story on becoming homeless and noted good
people live there. She spoke in support of Item No. 26, noting it was hard to go get a job when
you have no place to clean up. She stressed most of the people on the riverbed do not want to
be there, but they have nowhere else to go.
George Cantoran spoke in support of Item No. 26, noted that portable restrooms were temporary,
and asked Council to consider building permanent restrooms. He stressed that the homeless do
not want to live on the riverbed, but have nowhere else to go. He expressed concerns with
increased rents, high permit fees, and urged Council to help.
City Council Minutes of August 29, 2017
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Ashley Zieman spoke in support of Item No 26 and reported many of her patients are residents of
the riverbed. She noted the importance of those who have the means, to share with others, even
the most basic of human necessities, such as sanitation.
Heather Saravia, Orange County Young Democrats, spoke in support of Item No. 26, adding that
providing the homeless with basic, sanitary access was a step in the right direction. She
addressed rising rents, an increase in the homeless population, and the need for safe, sanitary
facilities. Ms. Saravia urged Council to do the right thing and vote "yes".
Tim Paarni, resident manager of a mobile home park, reported they have had 160 bicycles stolen
from their property in the last six months and find drug paraphernalia everywhere. Many
residents have moved and he complained about vandalism, noting that the issue of
homelessness was only getting worse.
Nick D'Andre spoke in support of Item No. 26 and stated that installing portable restrooms along
the riverbed was a step towards becoming a City of Kindness. He urged Council to support the
item, believed it contributes to the dignity of people living on the riverbed, and stressed it was a
basic human rights issue.
Laura Casten shared her experience with homelessness and urged Council to help. She added
she would love to be able to bathe and wash her hair to be able to find a job.
Tammy Schuler reported she lives in the riverbed and many of the people there do work. She
stated they police themselves, take care of their own, and spoke in support of Item No 26. Ms.
Schuler noted that many of the homeless were trying to improve their lives.
Sister Sue Durney thanked Mayor Tait for joining her on July 24th for a summit sponsored by the
Sisters of St. Joseph of Orange regarding immigration and homelessness. She spoke in support
of Item No. 26, noting this was one humanitarian step to taking care of the needs of neighbors.
Sister Durney reported the homeless were part of the general community and we were called to
take care of each other. She urged Council to approve the installation of portable bathrooms, but
also keep working to support the homeless.
Lorri, Palais Road Traffic Committee, spoke in support of Item No. 09 and noted the group did its
due diligence and the city agreed it was a dangerous street. She urged Council to approve speed
bumps to slow down speeding vehicles.
Haley Strickland spoke in support of Item No. 26 and encouraged Council to approve the item.
She noted the homeless were real people who do not have the necessities of life. She added it
would create a ripple effect of kindness and create an example for the county. She addressed
Proposition 47 and listed statistics relative to unsheltered homeless people.
Adam Browning clarified the term, "God helps those who help themselves", was not in the Bible,
but rather, was first written by Sophocles in Ancient Greece. Relative to Item No. 26, he stated
the need to be creative to find a solution for homelessness.
Barbara Hershey, Neighborhood Watch Captain, wondered who was protecting law-abiding
homeowners and stated many people will decide to leave, depending on what Council does. She
opined installing portable restrooms would attract more homeless into the area and there would
be a flight of homeowners, adding home values are already decreasing.
City Council Minutes of August 29, 2017
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S. Burglin spoke in support of Item No. 09, noting she was tired of having cars speeding down her
street; that there was a school in the area, and feared someone will eventually get hurt.
Lou Noble spoke in support of Item No. 26, noting the need for sanitation to prevent a health
hazard and commented on the misconception that the majority of homeless are criminals. He
stressed that the homeless do not want to be there, but have nowhere else to go and need
restrooms for sanitation and to prevent diseases, urging Council to vote, "yes".
Martin Lopez addressed a previous interaction with Council Member Kring, commented positively
regarding the Sheraton Park Anaheim Hotel, and spoke regarding Item No. 26. Mr. Lopez
addressed the need to be compassionate, provide restrooms, and help the homeless in the short-
term as well as in the long-term. He noted sanitation was a human right and urged Council to
vote, "yes".
Ada Briceno, UNITE Here, commented on the hospitality industry and the number of people that
were just one check away from being homeless. She shared an experience regarding Jeff, a
man who worked at the Honda Center but lost his job and became homeless. She urged Council
to vote "yes" on Item No. 26.
Maria Elena Perales, Sisters of St. Joseph's of Orange, spoke in support of Item No. 26, noting
that many are one check away from being homeless. She stressed the people living in the
riverbed were not there because they wanted to, but because they have nowhere else to go. She
noted the need to be supportive and find creative ways to help them such as with affordable
housing and set an example for the children.
Mark Daniels commented on the recent hurricane destruction in Houston, noting people were
sending many resources to the area to help, while the city argued about whether to install
portable toilets.
Ricardo Toro spoke in support of Item No. 26.
Mike Robbins, People's Homeless Taskforce and Housing is a Human Right OC, reported on the
crisis in Texas, noting the number one item was portable restrooms and asked that we do that in
Anaheim also. He referenced a crime map and reported most of reported crimes were from
Disneyland. He said sanitation brings health and dignity and the risk of exposure from human
feces was an increase in diseases. He spoke in support of Item No. 26 and described his shirt as
a memorial of Edmond Pierson, one of the homeless people who lost his life, adding that one
homeless person dies every 36 hours.
Jeanine Robbins reported that left without access to toilets, showers, and running water, the
homeless were forced to relieve themselves in the open, limiting their access to public services
and contributing to feelings of humiliation. She spoke in support of Item No. 26 and urged
Council to be empathetic and realize the homeless population needed help, providing them with a
temporary solution while the county worked to find a permanent one.
Chad Hoffman reported he has friends who have become homeless and stated support for
solutions, for those who want solutions. He stated that enabling long-term homelessness was not
a solution, opined providing basic services would make homelessness permanent and would
increase the number of homeless in the city. He expressed concerns that citizens will fear
speaking out and will move from the city.
City Council Minutes of August 29, 2017
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Donna Acevedo -Nelson spoke in support of Item No. 26, shared her experience with a homeless
person, and urged Council to help maintain their dignity and offer a safe place where they can
take care of their sanitary needs.
Victoria Michaels encouraged everyone interested in finding a long-term solution for
homelessness to the Anaheim Republican Assembly meeting on September 20th, at 7:00 P.M., at
the Phoenix Club. She urged Council to watch videos of meetings to see how they come across
and how they are perceived. She suggested that Council Members respect each other and get
along so that the homeless problem can be resolved.
Bryan Kaye alleged the city was making money through fraud and congratulated Council Member
Murray for the sunshine ordinance related to Council gifts. He wondered how installing three
toilets on the riverbed would bring more homeless into the city and suggested Anaheim could be
a leader in providing sanitary facilities for them. He commented on his experience being arrested
and opined the city owed him some kindness.
Greg Diamond suggested there should be a state legislative solution where cities who help the
homeless were subsidized in those efforts. He addressed those criticizing Council and noted the
city did not invent inequality or poverty and reported the homeless are often the victims of crimes
other than the perpetrators. He spoke in support of Item No. 26, adding that denying the
homeless safe and adequate sanitary facilities would deny them of basic human decency,
humanity, and dignity.
Angel, riverbed resident, reported she works two jobs and cannot afford rent. She thanked all
residents of the riverbed who attended this meeting and commented on the stigma of being
homeless. She stated the homeless community cares about each other, strive, and struggle to
take care of themselves. She addressed bikers, noting most of them are kind, stressed the need
for basic sanitary facilities, and pointed out the insignificance of material things versus what is in
the heart.
Cynthia Ward commented positively on the diversity in Anaheim but expressed concerns
regarding the anger existing in the city and, thereby, the spread of fear. She addressed the fear
faced by homeowners for loss of their property values and property, noted the need to be
innovative in finding a solution to homelessness, spoke in support of Item No. 26, and noted the
need for increased law enforcement in the area.
A female speaker spoke in support of Item No. 26, noting sanitation was a human right. She
reported the portable restrooms were being donated, so it would not add costs for the city. This
could be the next step in helping the homeless population living in the riverbed and hoped
Council will vote "yes".
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Mayor Tait announced Item No. 26 would be heard immediately after the consent calendar.
Council Member Murray requested a future agenda item to declare a state of emergency as it
pertains to homelessness and include all resources, groups, and volunteers to work toward
permanent solutions regarding poverty and shelter.
Council Member Kring requested the public assist a public speaker, Angel, with finding a room to
rent.
City Council Minutes of August 29, 2017
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Council Member Moreno invited all to attend the upcoming meetings of the Homeless Policy
Working Group and requested an agenda item to explore a land -swap between the Downtown
Community Center (DCC) site and the Carl Karcher site to keep the DCC land as designated
open space and zoning the Karcher site for affordable housing.
Mayor Pro Tem Vanderbilt requested future consideration of selling certain City -owned properties
and dedicating the funds to addressing needs related to homelessness.
CITY MANAGER'S UPDATE:
Interim City Manager Linda Andal reported the Community Services Department has received
approximately 6,000 responses to the Planning for Parks surveys and announced surveys would
continue through the Fab Four concert scheduled for Saturday, September 16, 2017 at Pearson
Park to obtain public input on the future of Anaheim's parks.
Additionally, she announced the Pearson Park pool would be open Saturday through Monday of
Labor Day weekend, 1 P.M — 5 P.M., noting that nearly 1,200 swimmers had enjoyed the pool
since the expansion of hours on August 12, 2017.
CONSENT CALENDAR: At 8:54 P.M., the consent calendar was considered with Council
Member Faessel pulling Item No. 16 for further discussion and Mayor Tait declaring a conflict on
Items No. 04, 11, 14, and 16.
MOTION: Council Member Faessel then moved to waive reading in full of all ordinances and
resolutions and to adopt the balance of the consent calendar as presented, in accordance with
reports, certifications, and recommendations furnished each City Council Member and as listed
on the consent calendar, seconded by Council Member Kring. 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 Community Services Board meetings of March 9, 2017, April
13, 2017, June 8, 2017 and July 13, 2017; Cultural and Heritage Commission meeting of
March 16, 2017; Parks and Recreation Commission meetings of March 22, 2017, May 24,
2017 and June 28, 2017; Library Board meeting of July 10, 2017.
D117 2. Approve the Investment Portfolio Report for July 2017.
D116 3. Approve a recognition to be presented at a later date recognizing San Antonio Catholic
Church on its 40th Anniversary.
D180 4. Accept the bid from R. J. Noble Company, in the amount of $67,000 plus applicable tax,
for asphalt cold mix 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
#8982.
Due to a potential conflict of interest as his firm has done work with R.J. Noble Company, Mayor
Tait abstained on Item No. 04. 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 August 29, 2017
Page 12 of 27
D180 5. Accept the bid from Trillium CNG, in the amount of $35,186 plus applicable tax, for the
purchase of compressed natural gas at fuel stations 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 #8980.
ACR- 6. Award the contract to the lowest responsible bidder, Golden State Constructors, in the
10736 amount of $788,632.80, for the Cerritos Avenue Sidewalk Gap Closure and Intersection
Improvements at Euclid Street, authorize the Finance Director to execute the Escrow
Agreement and determine the project is categorically exempt under the California
Environmental Quality Act.
D128 7. Approve and authorize the Fiscal Year 2016/17 net write-off of uncollectible utility
accounts totaling $1,102,947.
D128 8. Approve and authorize the Fiscal Year 2016/17 write-off of uncollectible miscellaneous
accounts receivable totaling $1,622,263.
D175 9• Approve speed lumps on Palais Road between Euclid Street and Loara Street as a traffic
calming measure requested by the majority of residents in the neighborhood.
10.
Approve a Termination and Release Agreement with Robert G. Jones terminating the
existing lease agreement for property located at 1370 S. Sanderson Avenue known as the
ACR_
Rancho Del Rio Stables equestrian center, approve a Lease Agreement with Powerline
1521.6.0.1
Properties, LLC, which includes an option to purchase the property, for a base rent of
1GR-
0737
$3,000 each month with annual increases of 100% of the percentage increase in the
ACR-
Consumer Price Index for said property contingent upon the Phoenix Club German
10737.0.1
AGR-
Association of Orange County's waiver of its Right of First Refusal with respect to the
1464.4.11
property, approve a Letter of Understanding with Anaheim Arena Management, LLC
(AAM) which requires AAM to release the City of certain parking obligations should AAM
ever utilize the site for any Honda Center event parking, authorize the City Manager to
execute and administer the agreements, and find that the execution of the lease
agreement is exempt from the California Environmental Quality Act pursuant to Section
15301 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential to have a significant effect on the environment (continued from
August 15, 2017, Item No. 7).
ACR_ 11. Approve the Fiscal Year 2017/18 In -Lieu Treated Water Deliveries Agreement with the
10738 Metropolitan Water District of Southern California and the Municipal Water District of
Orange County to receive surplus water supplies that help restore groundwater levels,
authorize Public Utilities General Manager, or designee, to execute and take the
necessary actions to implement and administer the Agreement, and any related
documents, and authorize changes to the Agreement that do not substantially change the
terms and conditions of the Agreement, so long as such changes are determined to be de
minimis by the City Attorney's Office.
Due to a potential conflict of interest as his firm has done work with the Municipal Water District of
Orange County, Mayor Tait abstained on Item No. 11. ROLL CALL VOTE. AYES — 6: (Mayor
City Council Minutes of August 29, 2017
Page 13 of 27
Pro Tem Vanderbilt and Council Members Murray, Barnes, Moreno, Kring, and Faessel). NOES
— 0. ABSTENTION — 1: (Mayor Tait). Motion to approve carried.
AGR- 12. Approve the legal research subscription agreements between West Publishing
10739 Corporation, a Thomson Reuters business, in the total amount of $3,888 per month,
for online legal research and publications for a two-year subscription, as well as a
three-year subscription for legal books and forms, and authorize the Purchasing Agent
to issue the Purchase Order.
13. Approve and authorize the Executive Director of the Convention, Sports & Entertainment
AGR- Department to execute, implement, and administer the Fourth Amendment to Property
7913.4 Management Agreement for the Anaheim Regional Transportation Intermodal Center, and
any other related documents or agreements, with LPC Transit Management, LLC (LPC) to
reduce the property and parking management fee payable by the City to LPC from
$210,000 per year or $17,500 per month to $110,000 per year or $9,166.67 per month,
revise and extend the base termination date of the Agreement to be effective through
June 30, 2019, and reduce the number of available term extension options, all other terms
of the agreement will remain unchanged and in full effect.
14. Approve and authorize the Executive Director of the Convention, Sports & Entertainment
Department to execute, implement and administer a First Amendment to Major
AGR- Maintenance Agreement for the Anaheim Regional Transportation Intermodal Center, and
8419.1 any other related documents or agreements, with ABM Onsite Services - West, Inc. (ABM)
to remove the incentive compensation payable by the City to ABM which will result in an
estimated saving of $30,000 per year, all other terms of the Agreement will remain
unchanged and in full effect.
Due to a potential conflict of as his firm has done work with ABM Onsite Services -West, Inc.,
Mayor Tait abstained on Item No. 14. ROLL CALL VOTE: AYES — 6. (Mayor Pro Tem Vanderbilt
and Council Members Murray, Barnes, Moreno, Kring, and Faesse/). NOES — 0. ABSTENTION
— 1: (Mayor Tait). Motion to approve carried.
AGR- 15. Approve a Second Amendment to Communications Site Lease Agreement with T -Mobile
1675.1.2 West Corporation (T -Mobile) authorizing T -Mobile to add five additional antennas in two
locations to support an existing cell site at the Anaheim Convention Center and increase
the total monthly amount payable by T -Mobile to the City from $3,896.36 to $5,168.71,
all other terms of the agreement remain unchanged.
17. RESOLUTION NO. 2017-128 A RESOLUTION OF THE CITY COUNCIL OF
R100 THE CITY OF ANAHEIM authorizing persons holding certain designated positions to
execute Emergency Management and Homeland Security grant documents for and on
behalf of the City of Anaheim for the purpose of obtaining certain federal financial
assistance and/or state financial assistance and rescinding Resolution No. 2014-181.
City Council Minutes of August 29, 2017
Page 14 of 27
18. RESOLUTION NO. 2017-129 A RESOLUTION OF THE CITY COUNCIL OF THE
AGR- CITY OF ANAHEIM approving the Workforce Innovation and Opportunity Act Subgrant
9081.8 Agreement between the City of Anaheim and the State of California for the term of April 1,
2017 through June 30, 2019.
AGR- 19. RESOLUTION NO. 2017-130 A RESOLUTION OF THE CITY COUNCIL OF THE
1666.K CITY OF ANAHEIM approving a Cooperative Fire Protection Agreement with the
California Department of Forestry and Fire Protection and authorizing the Anaheim Fire
Chief to execute the Operating Plan and any other documents required in connection with
that agreement.
M142 20. ORDINANCE NO. 6419 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Chapter 15.70 (Preservation of Rental Housing Properties) of Title
15 (Building and Housing) and Title 18 (Zoning) of the Anaheim Municipal Code for the
purpose of regulating accessory dwelling units and complying with state law and finding
and determining that this ordinance qualifies for a statutory exemption from the provisions
of the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the
California Public Resources Code (Zoning Code Amendment No. 2017-00140; DEV2017-
00047) (Introduced at Council meeting of August 15, 2017, Item No. 18) .
RESOLUTION NO. 2017-131 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM directing the Public Works Department to maintain maps depicting
areas of insufficient infrastructure as part of the City's Master Plan of Sanitary Sewers.
Determine that the ordinance is exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 21080.17 of the California Public Resources Code, which
exempts from CEQA the adoption of ordinances related to accessory dwelling units, and
the resolution is exempt from CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and
15378 of Title 14 of the California Code of Regulations.
T105 21. ORDINANCE NO. 6420 (ADOPTION) AN UNCODIFIED ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ANAHEIM dissolving City of Anaheim Community
Facilities District No. 1989-1 (Sycamore Canyon) (Introduced at Council meeting of
August 15, 2017, Item No. 19).
ORDINANCE NO. 6421 (ADOPTION) AN UNCODIFIED ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ANAHEIM dissolving City of Anaheim Community
Facilities District No. 1989-2 (The Highlands) (Introduced at Council meeting of August 15,
2017, Item No. 19).
ORDINANCE NO. 6422 (ADOPTION) AN UNCODIFIED ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ANAHEIM dissolving City of Anaheim Community
Facilities District No. 1989-3 (The Summit) (Introduced at Council meeting of August 15,
2017, Item No. 19).
City Council Minutes of August 29, 2017
Page 15 of 27
END OF CONSENT CALENDAR
At 8:57 P.M., Mayor Tait requested consideration of the agenda out of order to address Item No.
26 first. With no objection from Council, Mayor Tait addressed Item No. 26 prior to the remaining
agenda items.
D116 26. Authorize and direct staff to process a revocable conditional license agreement with a
waiver of application fees for the purpose of allowing a third party to locate portable
restrooms adjacent to the Santa Ana River Trail on City owned property, provided the
applicant has met all license requirements and continues to do so as determined by Public
Works staff, and authorize the Public Works Director to execute and take the necessary
actions to implement and administer the agreement.
Assistant City Manager Kristine Ridge stated this item was requested by Council Member Moreno
at the August 15, 2018 Council meeting. The item would authorize and direct staff to work with a
third parry interested in placing portable restrooms adjacent to the Santa Ana River Trail on City
owned property, including the processing of a conditional license agreement and waiver of
application fees. The proposed location was next to a public access point to the Santa Ana River
Trail, outside of the fenced area of the North Net Fire Training Center. There would be a number
of licensing requirements that must first be demonstrated in order to obtain the licensing
agreement and, secondly, there would be on-going inspections to ensure all required conditions
were being met and noted safety concerns from the helicopter access point nearby. She reported
receiving a letter from the General Counsel of the North Net Fire Training Center expressing
concerns about the proposed location of the portable restrooms and questioning whether the city
had the authority to issue a license without checking with the JPA first.
DISCUSSION: In response to Council Member Moreno's question, Ms. Ridge addressed
encroachment permits but noted this issue was a bit more complex and it was being processed
as a license agreement. In consultation with the City Attorney, she noted the need to obtain City
Council approval. Council Member Moreno referenced the JPA and reported there were real
safety concerns for individual homeless encampments because of the heliport, as they had to
circle around two or three times in some locations to assure the safety of the people in the
encampments. Additionally, their training involves toxic smoke, which goes toward the
encampment. He reported he supported the JPA and asked the applicant to reach out to discuss
if there were other options for their request. Ms. Ridge reported she did not speak with the
applicant but asked Public Works staff to determine whether there was other city -owned property
on the river trail and staff could not identify anything other than the sidewalk, just east of ARTIC,
but the sidewalk cannot be impeded.
Mayor Tait reported receiving a letter from the Law Offices of Woodruff, Spradlin and Smart,
representing the North Net JPA, stating the city does not have the authority to grant a license
because it is a Joint Powers Authority, an agreement between the cities of Garden Grove,
Orange and Anaheim; the license must be issued by the JPA. He acknowledged arguments on
both sides of the issue and noted this was a very difficult situation. Mayor Tait reported the
riverbed was County property and they were working on a long-term solution that also has short-
term elements. He reported the City Attorney needed to review the letter and research the
matter.
Council Member Faessel confirmed after its investigation, staff determine there were limited or no
other locations, under the jurisdiction of Anaheim, where restrooms could be installed. In
City Council Minutes of August 29, 2017
Page 16 of 27
response to his question as to the availability of sanitation facilities by any agency, Ms. Ridge
reported there were brick and mortar restrooms and the County has just entered into an
agreement where they will leave them open 24 -hours and include security guards. The
restrooms are on a park space owned by the County near Orange and Katella, on the east side of
the river. Council Member Faessel referenced comments by Cynthia Ward and noted challenges
with determining jurisdiction and the city's inability to vote on this item. He asked staff to
determine what the city's management of the Santa Ana River would look like and expressed
frustration at not being able to provide residents of District 5 with a solution, further questioning if
any Anaheim location along the Santa Ana River would be suitable for restrooms.
Council Member Murray addressed the people's belief that Council would act tonight on
something that was not intended to be acted upon and expressed her view on iniquities in
allowed speaking time. She claimed the city has the authority to work with the county, CityNet,
and other groups to do something reasonable, rational, and restorative to help the homeless,
rather than installing portable toilets. She asked that Council return at the next meeting to
declare a state of emergency and, in doing so, can activate a State of City Emergency and
activate services such as the Red Cross and the armories to offer a bed to anyone who needs
one, including sanitation. Council Member Murray stated the city can work with the County and
nearby cities and continue the collaboration that would help those in desperate need. She added
public safety and compassion were not mutually exclusive, but rather go together and the city's
message must be clear, that those who want help will get it and those who refuse help will have
to obey the same laws as every other resident in Anaheim. She proposed a program called,
"Operation Home Safe", which would build on support for successful collaboration with the
county, CityNet, neighborhood city partners, and all social services and groups, to provide
comprehensive assistance and shelter for those living on the riverbed or in the public right-of-
way. She suggested giving a 30 -day notice that camping illegally will not be tolerated. She
agreed that not all of those living in the riverbed participate in criminal activity, but she noted the
riverbed was not a safe and sanitary environment.
Council Member Kring indicated she would like to be involved in that subcommittee as District 4
has a large homeless population. She referenced Item No. 16 and explained the item will
increase the budget of the Police Department for Fiscal Year 2017/2018. She could not
understand why it was not possible for Anaheim to have an operational agreement with the
County and the city of Orange and asked that staff agendize consideration of the city's jurisdiction
on this matter. She addressed crimes committed on a local mobile home park and stated she
does not think the answer to this problem was installing portable toilets on the riverbed. She
shared the story of a homeowner who was visited by a homeless person, asking to use their
shower. When the homeowner refused, the homeless person placed their garden hose under
their door and flooded their home. Council Member Kring encouraged those who want more
housing built to contact their legislators in Sacramento.
Interim City Manager Linda Andal noted this was a nation-wide social issue and staff has been
working tirelessly on it. She reported having a conversation with a county official who related to
her the various things they are doing to address the matter. The jurisdictional issue was
presented to Council on September 15th; the item was delayed until the 15th because the
Anaheim Police Chief and the Under Sherriff for the County of Orange had a meeting scheduled
for August 1St. Because of that meeting, the official she spoke with has a proposal to ramp up
security on the riverbed. The first component of the proposal is to work with the community, the
homeless community, and the community surrounding that area. The second component is to
address the criminal activity there. The County is also addressing the 24-hour accessibility of
restroom facilities, which will be guarded by a security guard. Additionally, there is a proposal to
fund a non-profit, "Showers for Blessings", who help the homeless with showers. The County is
City Council Minutes of August 29, 2017
Page 17 of 27
very interested in continuing to partner with the city. Ms. Andal reported visiting skid row and
noted that city staff was working hard to develop solutions.
Council Member Murray thanked staff and noted her plan calls for the continued cooperation of
the county and other agencies. She stated the city needed to step up with resources and
jurisdictional support.
Mayor Pro Tem Vanderbilt commented on whether it was possible for the city to contract with the
Orange County Sheriff to patrol the area under their jurisdiction. He noted that the portable
restroom issue was galvanizing in many ways and was divisive, as everyone recognized it was
not a solution to the problem of homelessness. He suggested it would be more palatable if the
public knew that it was being done in concert with a more -aggressive enforcement action.
Police Chief Raul Quezada stated the need to consult with the City Attorney. He reported a
meeting with the County and the city of Orange is scheduled for September 5th, in terms of
enforcement and next steps. He confirmed there was a small element within the homeless
community involved in criminal activity, but there are others who are there because of life
circumstances.
Council Member Faessel thanked Chief Quezada for continuing the conversation and reported
residents in District 5 are demanding that the city do something. He urged Chief Quezada to
return with something, at the next Council meeting, as residents cannot wait much longer and are
concerned about their safety. He asked Chief Quezada to do everything he can to facilitate
whatever needs to be brought forward, so residents can have confidence they can call Anaheim
and get their concerns addressed.
Chief Quezada stressed the need for resources and noted there will be a request for them. He
recognized this was a significant issue occurring in the community, but only one component of the
Police Department. He asked Council to be patient, as the Police Department maximized their
current resources, and stated a report would be provided at the next Council meeting following up
on the September 5th meeting.
Council Member Moreno noted Police resources were 50% of the city's General Fund. He
shared the email communication he sent to residents in response to the many emails he received
regarding this matter. He referenced Operation Home Safe, noted he was intrigued by the idea,
but asked, to the extent that Council wants to pursue those efforts, that a motion be made to
dissolve the Homeless Task Force as that group has been charged by Council to look for
solutions. He offered to work with Council Member Murray to see how her idea may get funneled
through the working group to develop solutions. He urged residents to attend Task Force
meetings and noted the recently -approved budget did not include any proposal to fund this issue.
Mayor Tait acknowledged there was a criminal element that needed to be addressed, but noted
there was a lot of common ground and there was compassion on all sides. He stressed the need
for Council to work together to find solutions and commented on successes working with various
non-profit groups. He agreed with Council Member Murray's suggestion to declare a state of
emergency and stated the city needs to show there is an end in sight.
Council Member Murray stated she has been working very hard on this issue, with other
agencies, since before 2014, including opening the County's first shelter. She referenced the
Homeless Task Force and noted she would be in violation of the Brown Act if she were to speak
with Council Member Moreno on this issue. She stated support for the Task Force moving
forward, stated this was not a "one -size -fits -all" issue, and stressed the need to work together.
City Council Minutes of August 29, 2017
Page 18 of 27
Council Member Barnes commented on Susan Price being the homeless czar and stated the city
needs to let her continue to do her job and not undermine her efforts. She added Council needed
to communicate the urgency to the Board of Supervisors, as well as work collaboratively with
other cities and agencies. She addressed challenges in communication, noted they have the
budget, and suggested addressing the person at the top to find out what the city's role is.
Council Member Moreno addressed the purpose of the Homeless Task Force, indicated he would
support efforts to push the county, and spoke about keeping the Task Force focused on the city
proper.
MOTION: Council Member Moreno moved to direct staff to pursue other possible city locations
for portable restrooms and process a revocable conditional license agreement, seconded by
Mayor Tait.
DISCUSSION: Council Member Kring stated "temporary" has not been defined and suggested
residents need to know how Council Member Moreno defines it.
Council Member Moreno reported until other policies were considered and took effect, people still
needed to use the bathroom, so this was a temporary solution and suggested staff provide a
status report every two weeks.
Council Member Murray asked what the County was spending to open restroom facilities 24/7
and providing security and Ms. Ridge responded she did not believe security would be provided
24/7 and she did not know the costs. She added they have several portable toilets for the
Courtyard, it costs $700 to $800 per month for servicing and staff was not aware of any other
commitments besides the Rock Church, which has offered $300 per month, and there has been
no offer to provide for security. Council Member Murray opined installing portable toilets will
create an additional surge, but may instill a sense of permanency, lacking a finite amount of time.
She reported that portable toilets were not sanitary or safe and stated she would not support the
motion.
Mayor Tait stressed the current situation was not acceptable in any society and indicated the
County was responsible and has the resources, and this should be a government solution, not a
private one.
SUBSTITUTE MOTION: Mayor Tait moved to make an urgent request that the County address
this issue.
Acting City Attorney Kristin Pelletier stated substitute motions were not allowed and noted the
suggestion was not within the agenda item description.
DISCUSSION: Council Member Moreno worried about the possibility of violating JPA law and
requested further exploration relative to the city's jurisdiction. He commented on potentially
relieving the existing 90 -day policy to work on this issue. Ms. Ridge reported the time has already
been extended and the city was holding on to the restrooms.
Council Member Faessel heard from residents in District 5 that they do not believe it is the city's
responsibility of restore, maintain, or provide space for portable toilets as it is clearly the County's
land and, therefore, the County's responsibility. He indicated opposition for installing portable
toilets on the river trail but supported the city working with the County to provide such facilities.
Council Member Kring noted during ACC -OC meetings, no one steps on Susan Price's toes, as
she has the expertise on the subject. She noted portable toilets are filthy and wondered
City Council Minutes of August 29, 2017
Page 19 of 27
regarding the installation of a washing stand. She stated residents in District 4 do not support
installing portable toilets on Anaheim land or on County land, as doing so could convert the area
into a magnet, attracting other homeless. Council Member Kring stressed there were beds and
resources available for the homeless and spoke in support of increasing communication.
Mayor Tait asked Council Member Moreno to withdraw his motion, with the idea that staff will
communicate Council's desire and in the interest of public health and hygiene, that the County
address this issue and continue to find permanent solutions for the homeless community.
Council Member Moreno reported there were not enough beds in the shelter, commented on the
enforcement of ordinances, and asked Chief Quezada if residents complained about the
homeless defecating on their property, to which Chief Quezada responded affirmatively. He
asked what steps the city would take to address this issue.
Mayor Pro Tem Vanderbilt reported staff has already explained there is a brick -and -mortar facility
the homeless can use.
Council Member Moreno noted that is on County property and asked what steps the city would
take if the homeless relieve themselves on city land. Chief Quezada reported many local
restaurants have locked their bathroom facilities and access depends on whether something is
purchased.
Ms.Ridge reported cleanup would depend on where an incident occurred and businesses clean
up any messes left behind. If it occurs on city property, the city's Public Works Department would
do the cleanup. She noted complaints by residents and/or businesses occur daily.
Mayor Pro Tem Vanderbilt addressed the distance to County restroom facilities, noting they are
expanding the hours for accessibility.
Council Member Moreno withdrew the motion. No action was taken.
AGR- 16. Approve the North Orange County Public Safety Task Force (Assembly Bill 97)
10740 recommendation on funding allocation and reimbursement and authorize the Chief of
Police to execute the Operation Agreement between the cities of Brea, Buena Park,
Cypress, Fullerton, La Habra, La Palma, Placentia, Stanton and Yorba Linda and increase
the Police Department's Fiscal Year 2017/18 revenue and expenditure budget by
$310,000.
Mayor Tait declared a conflict of interest on this item and left the dais during the discussion of this
item.
DISCUSSION: Council Member Faessel commended the city's Sacramento consultant,
Townsend and Associates, who advocated for the city.
In response to Mayor Pro Tem Vanderbilt's question, Chief Quezada reported $310,000 of the
grant received would be allocated for enforcement; some of the funds have been allocated for
community-based organizations including $40,000 for CityNet, $40,000 for the Boys and Girls
Club of Anaheim, $50,000 for Taller San Jose Hope Builders, $24,000 for Anaheim Cops 4 Kids,
$25,000 for the Orange County Justice Center, and $45,000 for to Chrysalis, a city program to
find jobs for homeless individuals.
City Council Minutes of August 29, 2017
Page 20 of 27
MOTION: Council Member Faessel moved to approve the North Orange County Public Safety
Task Force (Assembly Bill 97) recommendation on funding allocation and reimbursement and
authorize the Chief of Police to execute the Operation Agreement between the cities of Brea,
Buena Park, Cypress, Fullerton, La Habra, La Palma, Placentia, Stanton and Yorba Linda and
increase the Police Department's Fiscal Year 2017/18 revenue and expenditure budget by
$310,000, seconded by Council Member Kring. ROLL CALL 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 chambers and took his place at the dais.
B105 22. Consider appointments to the Youth Commission to serve a 10 -month term, ending
June 30, 2018 and Senior Citizen Commission to serve terms through December 31, 2018
and December 31, 2020.
DISCUSSION: Council Member Faessel addressed the Youth Commission and stated he
wanted to ensure the city can provide safety for the youth in the Youth Commission.
Council Member Kring reported she has asked staff to ensure everyone on commissions was
fingerprinted and does a live scan.
Mayor Pro Tem Vanderbilt reported the City Clerk's office has already asked parents to sign a
release to allow students under the age of 18 to participate. Acting City Clerk Theresa Bass
confirmed it was included as part of the application packet.
In response Council Member Kring's question regarding the need for background checks, Acting
City Attorney Kristin Pelletier stated the Penal Code provisions requiring it do not apply in this
case.
In response to Mayor Tait's question, Ms. Bass stated the Youth Commission will be under the
Community Services Department which will have staff members present at every meeting.
Ms. Pelletier reported staff was diligently tracking age ranges, as the ordinance requires three
members from each age group.
Council Member Moreno noted the Commission only lasts ten months and indicated an urgency
to make the appointments.
Council Member Barnes appointed Jessica Gomez, Britney Mai, and Erika Padilla for the District
1 appointments.
District 1 appointments: Jessica Gomez
(three (3) appointments)
Britnev Mai
Erika Padilla
City Council Minutes of August 29, 2017
Page 21 of 27
Council Member Moreno appointed Daisy Avalos, Marc Flores, and Alexandra Retana for the
District 3 appointments.
District 3 appointments: Daisy Avalos
(three (3) appointments)
Marc Flores
Alexandra Retana
Council Member Kring appointed Erik Jasso, Dayton Ly, and Damar Valentin for the District 4
appointments.
District 4 appointments: Erik Jasso
(three (3) appointments)
Dayton Ly
Damar Valentin
Council Member Faessel appointed Alyssa Guerrero, Kathleen Sandoval, and Annie Truong for
the District 4 appointments.
District 5 appointments: Alyssa Guerrero
(three (3) appointments)
Kathleen Sandoval
Annie Truong
Mayor Pro Tem Vanderbilt nominated Giselle Mascareno, Jessica Pham, and Denisse Ureea.
With no objection, the three members were unanimously appointed.
At large appointment:
At large appointment:
At large appointment:
Gisselle Mascareno
Jessica Pham
Denisse Urrea
Mayor Tait nominated Greame Flynn and Michael Mikhail. With no objection, the two members
were unanimously appointed.
At large appointment
At large appointment:
Graeme Flynn
Michael Mikhail
Council Member Murray nominated Aldwin Galang. With no objection, unanimously appointed.
At large appointment: Aldwin Galanq
The remaining three appointments were continued to the meeting of September 12, 2017.
At large appointment:
At large appointment:
At large appointment:
City Council Minutes of August 29, 2017
Page 22 of 27
Senior Citizen Commission (7 appointments)
Senior Citizen Commission appointments were continued to September 12, 2017 Council
meeting.
District 1 appointment:
District 4 appointment:
District 5 appointment:
District 3 appointment:
At large appointment:
At large appointment:
At large appointment:
(December 31, 2020)
(December 31, 2020)
(December 31, 2020)
(December 31, 2018)
(December 31, 2018)
(December 31, 2018)
(December 31, 2018)
D116 23. Receive and file the 2017 Fireworks After Action Report and Sales Program update
(continued from August 15, 2017, Item No.23).
Deputy City Manager Greg Garcia presented the staff report stating it was a receive and file of
the 2017 Fireworks Program, overview of the operation, and an update of the Non -Profit Sales
Program. In preparation for the Fourth of July holiday, city departments participated in a series of
meetings to develop an operations plan for the holiday week. This plan established a strategy for
all communications, emergency response, and enforcement within the City regarding both safe &
sane and illegal fireworks.
Mr. Garcia reported, as in past years, the City initiated enforcement teams, consisting of Anaheim
Fire, Anaheim Police, and Code Enforcement, to provide a presence in the community throughout
the holiday week and to act as a deterrent to illegal fireworks. Dedicated enforcement patrols
began on Friday, June 30 continuing through July 4 (each day from 5:00pm to 1:00am). Citywide
communications efforts in advance of the Fourth of July were also increased to better educate
Anaheim residents on the rules and regulations with regard to the discharge of safe and sane
fireworks. The City's social media channels, magazine, newsletter, website, press release, and
Anaheim TV were utilized. The City also worked with the local nonprofits and fireworks booth
operators to distribute safety flyers with every purchase of safe and sane fireworks. Electronic
reader boards were also utilized in locations throughout Anaheim to display safety messaging
about fireworks. Police and Fire Department dispatch centers increased staffing for the holiday
during the peak hours on July 4th and phone lines were enhanced to prevent residents in getting a
busy signal when reporting illegal fireworks.
As part of the communication efforts, residents were asked to call the Police Department non-
emergency line to report illegal fireworks. As mentioned, staffing was increased to assist with the
call volume. As in years past, both of the City's call centers received higher than normal
emergency call volumes and dispatches of field units. Staff worked diligently to answer and route
calls, with the majority of calls occurring during the hours of 8 P.M. to 11 P.M. on the Fourth of
July.
City Council Minutes of August 29, 2017
Page 23 of 27
While the City enforcement teams responded to hundreds of calls for service, Mr. Garcia
continued, it was difficult to respond at the exact time fireworks were ignited. Of the 714 calls for
service, staff was unable to locate more than 52% of the complaints. While only two citations
were issued this year, as it is difficult to catch someone in the act, City enforcement teams made
64 personal contacts with residents educating them on the fireworks rules and regulations
throughout the enforcement period. Anaheim Fire & Rescue on -duty fire suppression personnel
were deployed on July 4 to maintain a visible presence in the community in an effort to deter
illegal firework activity and assist with the collection of confiscated fireworks. In addition to the
fireworks calls for service, there were several other significant emergency incidents the days
preceding the Fourth of July which included a palm tree fire on Sunday, July 2 attributed to
fireworks, two vegetation fires on Monday, July 3, and on Tuesday, July 4, a mass casualty
incident and three fires. Some of the critical incidents did require staffing resources that would
have otherwise been assigned to assist with the fireworks task force.
In response to Mayor Pro Tem Vanderbilt's question, regarding the cause of the structural fires,
Fire Deputy Chief O'Hara confirmed the structural fire was not believed to be related to fireworks
and addressed participation by other agencies to augment existing resources and noted the steps
taken to address the structural fires.
Mr. Garcia continued to state that they heard from colleagues in other cities, both in Orange
County and beyond, that the use of illegal fireworks had increased dramatically across all
jurisdictions. Furthermore, other jurisdictions have expressed similar frustrations that inevitably
arise when trying to utilize law enforcement personnel to enforce illegal fireworks regulations.
Staff recognized the need to consider alternative solutions to the issue of illegal fireworks in the
community and was looking into new technology that could be used in the future to better pin-
point illegal fireworks and assist enforcement units in responding to problem areas.
In regards to the Sales Program, there were 16 individual fireworks booths throughout the City.
Eight permits were distributed to each of the eight public high schools in Anaheim and the
remaining eight were available via lottery. The 16 organizations submitted their final sales
information to the City at the beginning of August. In total, the 2017 Fireworks Sales Program
raised a total of $205,000, with each non-profit raising between $5,700 to $28,000 in net profits
during the fireworks sales period from June 28 to July 4. For all 16 participating groups, the
average net sales was roughly $12,681.
DISCUSSION: In response to Council Member Barnes's question, Mr. Garcia reported TNT
represented every winner of the lottery as well as all of the high schools. Gross sales receipts
totaled $704,000. He added that overhead costs varied for each group, depending on where they
were located. He reported the Anaheim Union High School District required their participating
high schools to give a percentage of their sales to a specific fund in the High School District.
Council Member Moreno stated that was his understanding, adding he believed it was with the
Foundation and the money would go towards the AIM Program.
In response to Mayor Tait's question, Mr. Garcia provided sales figures for the various charities,
including Anaheim Hills. In 2016, the net received by charities totaled $24,000.
Mayor Tait commented on the success of the program and the increased sales revenues
received by the various groups and noted calls for service were reduced.
Deputy City Manager Garcia reported the proceeds received in 2016.
City Council Minutes of August 29, 2017
Page 24 of 27
Council Member Faessel commented positively on the sales revenue received and addressed
expenses. He congratulated all the participating non -profits.
Council Member Moreno commended city high schools and city staff, addressed the money
received by high schools and charities, and commented on the success of the program.
Mr. Garcia noted Council can consider rules for the lottery as needed and direct staff to return
with a resolution accordingly.
Council Member Moreno requested an update on plans for enforcement and encouraged staff to
involve the schools.
MOTION: Council Member Faessel moved to receive and file the 2017 Fireworks After Action
Report and Sales Program update, seconded by Council Member Moreno. ROLL CALL VOTE:
AYES — 7: (Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and
Faessel). NOES — 0. Motion carried.
24. RESOLUTION NO. 2017-132 A RESOLUTION OF THE CITY COUNCIL OF THE
D155 CITY OF ANAHEIM rescinding Resolution No. 2017-104, and terminating the Automobile
Dealership Economic Assistance Program, and grandfathering applications for assistance
submitted under the program prior to August 15, 2017 (continued from August 15, 2017,
Item No. 24).
Mayor Tait asked to bifurcate the item to consider termination and grandfathering provisions,
separately. With no objection, Council concurred.
DISCUSSION: Mayor Tait noted Mayor Pro Tem Vanderbilt's concern regarding grandfathering a
current applicant. Community and Economic Development Director John Woodhead reported the
program was set up where the applicant needs to demonstrate meeting certain criteria, including
ten years of site control. The applicant had four years left and staffs analysis of the application
stopped at the first step; as they did not meet the first criteria, the application was placed on hold.
Council Member Faessel noted economic benefits to the city associated with the Economic
Assistance Program and commented in favor of grandfathering the current applicant.
In response to Council Member Kring's question, Mr. Woodhead reported, in all the years of the
program existence, staff has only brought forward one dealership that accepted the assistance.
He noted it has been a long time since a new dealership applied to the city and over the years,
the city has subsidized, with less -than -market rates, automobile dealerships.
Mayor Tait believed the current applicant will do well, without the subsidy.
MOTION: Mayor Tait moved to terminate the Automobile Dealership Economic Assistance
Program, seconded by Mayor Pro Tem Vanderbilt. ROLL CALL VOTE: AYES — 6: (Mayor Tait
and Council Members Vanderbilt, Murray, Barnes, Moreno, and Kring). NOES — 1: (Council
Member Faessel). Motion carried.
City Council Minutes of August 29, 2017
Page 25 of 27
MOTION: Mayor Tait moved to not approve the grandfathering provision, seconded by Council
Member Barnes. ROLL CALL 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 commented on the city's history of providing subsidies for
certain private enterprises, noted the applicant has contributed substantially to the city's revenue
stream, and opined the city needed to follow through on the commitment made.
Mr. Woodhead reported the application was not rejected but rather placed on hold.
Council Member Moreno stated he does not support economic incentive policies that do not have
clear conditions about what that means for the local economy. He felt the current applicant had
plenty of opportunity to reach out since they were told they did not meet the first criteria and their
application should have been rejected.
Assistant City Manager Kristine Ridge reported the applicant submitted an application that was
not formally rejected. The one condition they did not meet was curable and they took steps to
cure that issue and continued, in good faith, to the site control.
Mr. Woodhead reported the applicant wanted to proceed with acquisition, regardless of the
incentive program.
Acting City Attorney Kristin Pelletier stated there was no reliance, as the application was never
completed.
Council Member Moreno noted Mr. Woodhead's comment that everyone who applies does not
automatically get accepted; that is an administrative function. Applicants know acceptance
depends upon Council approval. He noted staffs recommendation and reported Mayor Tait's
recommendation.
In response to Mayor Tait's inquiry, Mr. Woodhead reported Council sets the policy and staff
executes it.
Council Member Moreno asked who was making the recommendation regarding this program, to
which Mr. Woodhead reported he has had a lot of ambivalence; especially considering it did not
prove successful and there were few applications for the program, he did not see efficacy in
continuing it.
Council Member Moreno asked why staff would recommend terminating and Mr. Woodhead
stated it would depend upon the goal of having the policy.
Council Member Murray noted the request to terminate the program was initiated by the Mayor,
which does not negate staff from having an opinion. She stated there was a motion, Council
should move forward, and noted other programs to incentivize economic development in the city.
Mayor Pro Tem Vanderbilt noted the importance of honoring commitments and indicated he was
struggling with his decision.
Council Member Murray asked whether the applicant was informed an appraisal was necessary
on the land before considering moving forward on the assistance program. Mr. Woodhead stated
they did not. They expressed a desire to acquire the land and the first step was to conduct an
appraisal to determine whether it would be economically viable for them to pursue purchase or
City Council Minutes of August 29, 2017
Page 26 of 27
not. He was unaware if there were instructed regarding the need to purchase the land before the
assistance application could move forward.
Council Member Kring stated she would support the motion and commented on the benefits to
the city over the years. She stated the city should honor its commitment and the current applicant
needs to be grandfathered.
MOTION: Council Member Faessel moved to approve RESOLUTION NO. 2017-132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM rescinding Resolution
No. 2017-104, and terminating the Automobile Dealership Economic Assistance Program, while
allowing grandfathering applications for assistance submitted under the program prior to August
15, 2017, as presented, seconded by Council Member Kring. ROLL CALL VOTE: AYES — 4:
(Mayor Pro Tem Vanderbilt and Council Members Murray, Kring, and Fassel). NOES — 2: (Mayor
Tait and Council Member Moreno). ABSTAIN — 1: (Council Member Barnes). Motion carried.
D116 25. Receive and file update regarding police oversight and recent out -reach efforts.
MOTION: Mayor Tait moved to continue Item No. 25 to September 12, 2017, seconded by
Council Member Kring. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members
Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried.
REPORT ON CLOSED SESSION ACTIONS: None
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Council Member Faessel requested consideration of an appointment of another resident member
from District 5 to the Homeless Policy Working Group on September 12, 2017.
Council Member Barnes requested the meeting be adjourned in memory of Tarek Hamed,
Anaheim resident killed in an automobile accident.
Council Member Moreno wished everyone a happy Labor Day; requested a staff report on
potential City acquisition of Housing Authority property adjacent to the Downtown Community
Center (DCC) and/or a land swap with the Carl Karcher site along with re -zoning for open space
near the DCC and low-income affordable housing at the Karcher site; requested everyone submit
ideas to the Homeless Policy Working Group; and asked that any and all changes to the
membership of the Working Group be considered at the next Council meeting.
Council Member Kring announced the Anaheim Beautiful luncheon on September 6 including an
update from CityNet; reported her attendance at the Caterina's Club gala; and advised residents
to take precautions regarding West Nile Virus, including removing standing water, repairing
screens, wearing covering clothing, and using DEET repellant.
Council Member Murray thanked the Police Department for the back -to -school BBQ event;
requested staff work with her and Council Members Faessel and Kring on an agenda item for
September 12th to create Operation Home Safe as a collaborative effort with the County,
neighboring cities, social service agencies, and other groups to provide restorative support and
services along with City acceptance of jurisdiction for enforcement activities and to declare a
citywide state of emergency to address homelessness along with the County and all
stakeholders; encouraged donations to the Red Cross to support efforts related to Hurricane
Harvey; and requested the meeting be adjourned in memory of the victims of Hurricane Harvey in
Texas.
City Council Minutes of August 29, 2017
Page 27 of 27
Mayor Tait offered thoughts and prayers to the Houston community as well as to first responders
and crews, including those from Anaheim, assisting in the relief efforts.
ADJOURNMENT:
With no further business before the City Council and without objection, Mayor Tait adjourned the
meeting of August 29, 2017 at 12:32 A.M. on August 30, 2017 in memory of Tarek Hamed and
victims of Hurricane Harvey.
Respe ully submitted,
eresa B ss, CMC
Acting City Clerk