10/17/2017ANAHEIM CIN COUNCIL REGULAR MEETING
OF OCTOBER 17, 2017
The regular meeting of October 17, 2017 was called to order at 3:07 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 October 13, 2017.
PRESENT: Mayor Tait and Council Members: James Vanderbilt, Denise Barnes, Jose F.
Moreno, Lucille Kring, and Stephen Faessel. Council Member Kris Murray joined the meeting at
3:21 P.M.
CITYWIDE USER AND DEVELOPMENT FEES WORKSHOP
Finance Director Debbie Moreno provided an overview of Comprehensive User and Development
Impact Fee Studies. Ms. Moreno stated that this was the first time the City has undertaken a
comprehensive fee study, reviewing over 1,000 user fees from seven (7) departments. Prior to
that, fees were reviewed and increased periodically by individual departments. She addressed
the difference between taxes and fees and stated a government has several means of raising
revenue in order to allow itself to function, among the two most popular methods of raising
revenue were to impose taxes and assess fees on various activities. Generally, taxes are applied
to various transactions, often as a percentage; for example, sales tax on purchases or transient
occupancy taxes on hotel rooms. Fees, unlike taxes, are directly linked to the cost of providing a
service.
Ms. Moreno presented the proposed citywide fee policy that would include guidelines for
establishing and maintaining a comprehensive fee schedule, including the method for fees and
the extent to which they cover the cost of the service provided. Using the Government Finance
Officers Association Recommendations as a guideline, a citywide fee policy will help ensure fees
are keep current by making adjustments to fees to reflect cost of living changes and to keep pace
with different methods and levels of service. The goal when reviewing user fees was to achieve
full cost, or 100%, recovery on services that benefit individuals rather than the entire community,
while some exceptions are made for services that provide significant community benefit. In some
cases, full cost recovery is not possible, as the fees are market driven. However, full cost
recovery allows the city to free up tax dollars to be used for general services that provide benefits
to the entire community.
Ms. Moreno introduced Jeff Wakefield from MGT Consulting to address the standards and
methodology for the study. Mr. Wakefield addressed the scope of work which included the
calculation of the full burden cost of providing user fee services, reviewing and cross checking
results to ensure data validity, conducting a market survey of fees charged by comparable cities,
and recommending fee adjustments for Council consideration. He detailed the standards and
methodology of the study, known as the "bottom up" approach, which includes the identification of
all direct staff time spent on the fee related activity or service, calculation of direct cost of the staff
for each fee using productive hourly rates, determination of indirect or overhead costs,
comparison of total costs to the current fee schedule, annual volume figures, and
recommendation of fee adjustments. The study findings indicated most fee areas generate less
revenue than the actual cost of providing the service and fees, increased service -level demands
by the public for improved technology or response times, and additional inspections and
standards mandated by the State.
Mr. Wakefield presented the proposed Planning Department fee changes. He reported that of the
58 planning fee types, Planning Department is proposing to increase 21 fees, decrease 43 fees
and convert eight (8) fee categories from hourly to flat rate fees. For example, the current fee for
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Industrial Zoning Plan Checks, single-family residential is $272 and the proposed target fee for
full cost recovery is $441. An example of a fee decrease is the Zoning Plan Check for single
family accessory structures in which the current fee is $45 and the proposed target fee is $44.
Mr. Wakefield continued for the Building Division, the department is proposing to increase 530 fee
types and looking to reduce 68. One example of a fee increase are Plan Checks for electrical
permits for new multi -family residential, which are charge on a square footage basis. For the first
100 square feet, the current fee is $17 and proposing a full cost recovery fee of $26. An example
of a fee decrease is the Merchant Building Permit for 20,000 square feet; the current fee is
$18,374 and proposing a full cost recovery a $17,441. For Public Works, the department is
proposing to increase nine (9) fee types and looking to reduce five (5) and identified thee (3) new
fees. Some of the Public Works fees are charged on an hourly basis. With regard to Plan
Checking and Engineering the current fee is $145/hour, the full cost recovery is $192/hour, and
proposing a moderate increase of $154/hour. For Construction, the current fee is $127/hour, the
full cost recovery is $178/hour, and proposing $135/hour. For the Police Department, the
department is proposing to increase six (6) fee, decrease five (5) fees, propose five (5) new fees,
and eliminate two (2) fees because they have become obsolete over time. An example of an
increase, the Police Clearance Letters is currently at $20 and proposing the full cost recovery fee
of $139. For Alarm Billing, the current fee is $100 and proposing the full cost recovery fee of
$120.
In response to Mayor Tait's question regarding police clearance letters, Ms. Moreno reported they
are for visas, immigration, and foreign adoptions.
Council Member Kring asked regarding alarm billing, noting alarm companies usually do not
charge for the first few false alarms, to which Ms. Moreno reported the fee kicks in after a certain
number of false alarms.
Mr. Wakefield continued with the presentation addressing proposed Fire and Rescue fee
changes. The department is proposing to increase 117 fees, reduce 15 fees, and eliminate three
(3) fees. One example of a fee increase are Trade Show inspections of less than 30,000 square
feet, the current fee is $256 and proposing a full cost recovery fee of $573. Another example is
the local business Inspection -Moderate Hazard, the current fee is $50, the full cost recovery is
$342, and proposing $103.
Allen Hogue, Fire Marshal, commented on business inspection fees, noting the number of
inspections needed is determined by risk factors and provided examples of different risk factors.
Mr. Wakefield addressed proposed changes to City Clerk fees, City Attorney fee changes, copy
service fee changes, and Community Services fees. For the City Clerk Department, the
department is proposing to increase one (1) fee and two (2) new fees. Hearings with legal notice
is currently at $350, the full cost recovery is $603, and proposing a moderate increase of $450.
One of the new fees is for Lobbyist Registration with a full cost recovery of $114 and proposing a
fee of $100. For the City Attorney, no changes are being proposed. With regard to the copy
service fee changes, the various charges were combined and the proposal is for citywide. For
example, black/white copies vary by department, the full cost recovery is $.18 per page with a
proposed target fee of $.15 per page. For the Fire Dispatch Audio Tape, the current fee is $5.00
per tape, the full cost recovery is $5.49 per tape and the proposed target fee is $5.50 per tape.
Lastly, Community Service fee changes were analyzed differently; instead of a per unit approach,
fees were analyzed with regard to total revenue and total cost on a program -by -program basis.
For sport facility rentals the recovery rate is at 50% and the proposed target recovery is 30%-
60%; for classes & aquatics the recovery rate is at 42% and the proposed target recovery is 30%-
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60%; for adult leagues the recovery rate is at 59% and the proposed target recovery is 60%-
100%; and for Tiny Tots programs the recovery rate is at 66% and the proposed target recovery
is 60%-100%.
Council Member Kring questioned the increase in fees for Tiny Tots, noting that is a program for
low-income families. Mr. Wakefield reported the City does not want to compete with the private
industry.
Mayor Tait commented on the popularity of youth programs and the need to charge more for
adult programs. Ms. Moreno reported target recovery for youth programs would be within a 30%
to 60% range, whereas adult leagues are between 60% and 100%. She added staff can consider
lowering some of the youth program fees and there would not be a significant cost impact.
Council Member Murray requested information regarding the new fee categories and the
availability of the studies. In response, Ms. Moreno reported once the report is finalized, it will be
available on the City's website.
In response to Mayor Pro Tem Vanderbilt's inquiry, Mr. Wakefield addressed the methodology,
noting salaries were considered as well as benefits for the various positions. In terms of copy
services, Mayor Pro Tem Vanderbilt stated there should be some economies of scales and noted
decreases in overhead due to improvements in technology. Mr. Wakefield reported the industry
standard is to use an average and must comply with the California Public Records Act.
Ms. Moreno added less of these fees are charged because so many records are available
electronically.
Interim City Manager Linda Andal reported the City Clerk's office, as well as other City
departments, have worked to place documents on the web to remove costs for the requestor. If
under the CPRA, a requestor requests an electronic document, there is an associated charge
because there is a cost in saving the record on a server. The proposed changes are not set in
stone, but will be finalized and presented to Council once feedback from other groups is received.
Charges for electronic documents are per record.
Council Member Faessel noted Ms. Moreno indicated over one -thousand fees were reviewed and
asked for an estimate of the number of fees that will be changed. Ms. Moreno reported most fees
will be changed and suggested doing it over a period of time, in phases, rather than all at once.
Council Member Faessel stated he is skittish about taxes but noted the importance of cost
recovery. He agreed with Mayor Tait relative to keeping fees low for youth programs. He
indicated he would like to see data from other cities as well as the effect of the changes in fees on
the General Fund.
Andrea Roess, David Taussig & Associates, Inc., presented an overview of the Development
Impact Fee Study as well as the results of the study. She addressed prohibited uses of impact
fees and requirements of AB 1600, fees included in the study, demographics, methodology, and
examples under each fee category. She further stated that AB 1600 requires all public agencies
to satisfy the following requirements when establishing, increasing, or imposing a fee as a
condition of new development: identify the purpose of the fee, identify the use to which the fee will
be put, determine reasonable relationship between the fee's use and the type of development on
which the fee is to be imposed, determine reasonable relationship between the need for the
public facility and the type of development project on which the fee is to be imposed, and discuss
reasonable relationship between amount of the fee and the cost of the public facility.
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She stated the goals of the study were to simplify the application of fees and to update the current
fee structure, which would make it easier for staff to implement and for developers to project all
costs associated with development. The proposed land use categories eliminate a number of
rarely used categories that served to complicate the City's fee collection system. The categories
are consistent with fee updates and simplification efforts undertaken in other jurisdictions. She
further stated that not all fees are applied to each land use and multiple demographic sources
were used in the study to capture information most pertinent to the fee areas. In terms of
methodology, she stated they worked closely with the City departments to identify and gather
data, establish a needs list, select appropriate equivalent dwelling units factor for each area,
determine cost allocations, and calculate of fees.
Ms. Roess continued stating the Anaheim Police Department currently assesses a Development
Impact Fee only in the Platinum Triangle, the fee presented in the study suggests the
implementation of a Citywide assessment would result in a total cost is $59.3M, which represents
the police facilities needed to serve both existing and new development. Through the study,
$55.6M was allocated to new development. Based on the development projections, the
maximum fee amount would finance approximately 94% of the facilities needed. The City will
need to fund the remaining costs from other sources of funds.
Council Member Moreno asked regarding the baseline used to determine future costs for police
services and Ms. Roess stated she worked closely with the Police Department and they identified
facilities and equipment needed in the future and whether they will be needed for new
developments or to serve existing and future developments. She added the Department
determined what they needed at buildout, based on demographics. Ms. Moreno stated this will
be only for the facilities component, not the number of officers and services.
Deputy Chief of Police Julian Harvey reported the current response time is based on the number
of available officers in the field, at any given time. Additionally, there are caseloads in
investigative divisions. With the anticipated development, calls for service and caseloads will
increase and to maintain current standards of response times and caseloads, there will need to
be a commensurate increase in personnel, but the subject fees are for facilities and equipment
only.
Council Member Moreno asked whether there is an optimal standard to sustain needed services,
to which Deputy Chief Harvey replied he was not aware of an optimal formula and that the current
baseline was used. It was noted that maintaining the current is standard in fee studies.
In reply to Mayor Pro Tem Vanderbilt's question, it was noted the target fees for residential are
per unit and for hotel/motel they are per room and others are per thousand square feet. Ms.
Roess added the fees are to cover development through the year 2040 and recommended re-
evaluating them more often.
In reply to Council Member Murray's question, Ms. Roess stated the fees are for new
developments.
Ms. Roess stated the Development Impact Fee for Anaheim Fire and Rescue was also calculated
using Calls for Service as the demand factor for EDU calculations. Any new development within
the City would impact the ability of fire personnel to provide adequate service and would increase
fire department response times. Currently, the City uses a 4 -minute travel response time to
emergencies as one of the benchmarks for customer service. Additional stations and land as well
as equipment for such facilities will be needed in order to maintain the City's existing response
time. It is expected that the number of citywide calls for service will increase in proportion with the
future growth. The total cost of Fire and Rescue facilities needed is $29.OM, which would serve
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both existing and new development. Through the study, $17.2M was allocated to new
development. Based on the development projections, the maximum justifiable fee amount would
finance approximately 59% of the facilities needed. The City will need to fund the remaining costs
from other sources of funds.
For Library impact fees, EDUs for the Library Impact Fee are assigned exclusively to Residential
Land Use, and established service levels for existing residents are based on library square
footage and collection items per resident. Currently, the library only collects fees on residential
development in the Platinum Triangle and East Santa Ana Canyon Areas, but this study
calculated the updated fee based on a citywide collection model. Based on the expected
development through 2040, it would cost approximately $20.1 M to provided needed library
facilities, and $19.8M of this total has been allocated to new development. The Development
Impact Fee for parks is different in that it is calculated using a mandated formula from the Quimby
Act. The Parks Development Impact Fees is currently assessed Citywide across multiple
residential. The proposed fee structure in the study would apply to all residential development
citywide, with an equal fee being assessed to all residential units. Non -Residential Development's
impact on park needs is de minimis, based on Quimby Act and City policy, and is therefore
excluded from the Parks Fee. Using the formula, this yields a maximum impact fee per dwelling
unit of $21,790. With regard to Transportation, the proposed fee structure would create a
citywide fee across the five land uses. Currently, the City assesses Transportation Impact Fees
across the City, but has a secondary set of fees applied only to development in the Platinum
Triangle. The needs list for the Transportation portion of the study totaled $1.413. This includes
costs associated with constructing new roadways, left- and right —hand turn lanes at intersections,
sidewalks, and bikeways needed to adequately support growth projections through full buildout,
which is included in the City's General Plan. Of the total needs list, $1.35B was allocated to new
development.
Ms. Moreno concluded the presentation by stating the revised fee schedules offer an opportunity
to generate additional revenue to offset the costs associated with future development. In order to
forecast the increase, staff worked with the Planning & Building Department to develop baseline
projects to compare current fee levels with those recommended by the fee study. Staff created
example projects that represent the average size of developments in each land use area based
on permit data taken from 2013-2017. She presented the breakdown of current non -Platinum
Triangle and current Platinum Triangle fees versus the "New Citywide Fees" suggested in the
study for a 200 -Unit Residential Project on currently undeveloped land and stated that under the
new model, a project of this type would be $6.8M, compared to $1.3M or $3.1 M currently
depending on the location.
Council Member Kring commented on transportation fees per unit and noted this was the reason
people cannot afford housing in the City. She felt the costs were outrageous, including industrial,
and stated she would like to see the source of the information to determine if these are best
practices.
Ms. Moreno explained these are proposed maximum fees and not necessarily recommended
fees.
Council Member Murray asked regarding the total cost per unit for each additional unit, and Ms.
Moreno presented examples and project comparisons. She added the fee is per residential unit.
Council Member Murray reiterated a target of $35,000 is being considered for every single
housing unit and stressed she will not support that under any scenario.
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Council Member Faessel referenced the Platinum Triangle and noted the need for additional
studies. He reiterated his request for information regarding practices in other cities and stressed
the need for more information.
Council Member Moreno expressed concerns with the proposed increases and asked who would
pay for the fees if the developers do not. Ms. Moreno reported it would have to come from the
City's current revenue stream. Ms. Roess reiterated these are for facilities and not services.
In response to Mayor Pro Tem Vanderbilt's question, Ms. Roess reported some of the fees are
paid through Mello-Roos. Mayor Pro Tem Vanderbilt asked whether consideration was made to
applying a square-footage formula to residential projects and Ms. Roess stated generally,
residential fees are based per unit, not square footage. She added the Quimby Act is also per
unit and is based on an average cost per acre and applied to a standard unit.
Council Member Murray stressed developer fees will be built into the cost of housing and,
therefore, rent and housing prices will increase in Anaheim. She requested information on
surrounding cities to use for comparison.
Ms. Moreno stated this was meant to be an introduction to the process and when more
information was available, staff will share it.
Council Member Kring stated this seems to be "sticker shock" and opined this will not succeed as
if these are built, most people will not be able to afford it.
Council Member Moreno expressed concern that someone is currently bearing that fee and
reported this helps him understand why the City is limited in its General Fund.
Mayor Tait claimed that, generally, everything is too expensive and suggested the need to keep
fees as low as possible and consider different ways of doing this.
Council Member Murray commented on the Platinum Triangle Fee as a baseline and reported it is
denser and higher, while citywide would be one-to-two stories, which would have less of an
impact, at least for fire. She wondered if there was a calculus done relative to the type of
structure and the type of need.
ADDITIONSIDELETIONS TO CLOSED SESSION:
Acting City Attorney Kristin Pelletier reported Closed Session Item No. 5 was removed from the
agenda and Item Nos. 2 and 3 pertained to tort claims filed by Raul Quezada and Dan Cahill.
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None.
CLOSED SESSION: At 4:25 P.M., Mayor Tait recessed to closed session for consideration of
the following items:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Ashlee Elizabeth Palmer, an individual, on behalf of herself and all others
similarly situated v. City of Anaheim, et al., Orange County Superior Court Case No. 30-
2017-00938646-C U -J R-CXC
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.
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Page 7 of 27
3. 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.
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Kevin Duprie Jones v. City of Anaheim, et al., Orange County Superior
Court Case No. 8:16-cv-02152 DOC (JCGx)
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code): Shelley
McKerren v. City of Anaheim, Orange County Superior Court Case No. 30-2017-
0000938143-CU-OE-CJC
At 5:35 P.M., Mayor Tait reconvened the Anaheim City Council meeting.
INVOCATION: Reverend Tony Leung, Chinese Baptist Church of Orange County
FLAG SALUTE: Council Member Kris Murray
PRESENTATIONS: Recognizing MAX Autism Services program organizer at Sheraton Park
Hotel for their Act of Kindness
Mayor Tait invited Nathaniel and Sylvia Behura and their sons, Alexander and Max Behura as
well as Ian Gee, with the Sheraton Park Hotel, to the podium and recognized them for organizing
the MAX Autism Services program at the Sheraton Park Hotel and their acts of kindness.
Alexander Behura explained the program, reported on its implementation, and expressed his
appreciation for the recognition.
Ian Gee, Sheraton Park Hotel, commented on the importance and significance of the program
and shared it will spread to other hotels. He thanked Alexander and his family and the City for
the recognition.
Recognizing Juan and Dominic Gallegos for their Act of Kindness
Norma Martinez, Centralia School District Superintendant, thanked Mayor Tait and City Council
for the opportunity to publicly recognize Juan and Dominic Gallegos for their act of kindness. She
reported that on August 29, 2017, her father went out for his regular walk and started feeling ill.
Juan and Dominic Gallegos were driving by and stopped to help her father, who was having the
beginning of a heart attack. They called 911 and the family and accompanied him to the hospital
as they wanted to make sure her father was not alone. She thanked them for their kindness and
reported their act gave the family twenty-five extra days with her father.
Dominic Gallegos commented on the importance of kindness, especially in the current
environment, encouraged everyone to act, and thanked the City for the recognition.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Proclaiming October 15-21, 2017, as Friends of the Libraries Week
Helen Carter, President of Friends of the Anaheim Libraries, reported the library provides up to
thirteen copies of paperback books to book clubs and groups, at no charge, for up to six weeks.
She accepted the proclamation, commented positively on the library's work, and thanked the City
for its support.
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Proclaiming October 22-28, 2017, as Childhood Lead Poisoning Prevention
Week
Christine Lane, Assistant Director of Environmental Health, thanked Council and the City for the
proclamation recognizing Childhood Lead Poisoning Prevention.
Proclaiming October 23-31, 2017, as Red Ribbon Week
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, read a scripture from the Bible, alleged
Disney was caught with predator employees, and noted there was an investigation with the
possibility of employees being tested using a polygraph. He stressed the importance of keeping
Disney in order.
Paul Hyek reported hearing rumors Disneyland was buying hotels to turn them in to shelters for
the homeless. He suggested the Kraemer Shelter should be checked for lead.
Colin Womer, Drug Free Anaheim, reported the program has been doing a lot of outreach
through the flood control channel and reported they have had 173 participants in the program, to
date. He commented positively on recognizing the Anaheim Lighthouse Program and reported
on his efforts with other agencies to find grant funding. He thanked Mayor Pro Tem Vanderbilt for
volunteering in outreach efforts.
R. Joshua Collins, Homeless Advocates for Christ, commented on existing City laws negatively
affecting the homeless including prohibition of sleeping bags, tarps, and luggage, and noted the
City was limiting access to needed services for the homeless. He encouraged the City to
humanize the homeless, repeal some of the laws, demonize criminal activity instead of economic
status, and work towards increasing low-income housing.
William Fitzgerald, Home Owners Maintaining Our Environment, alleged Council has secretly
attempted to approve Item No. 06 without discussion. He referenced an agreement between
Disney and the City, alleged criminal action by Garden Walk Hotel Manager Bill O'Connell,
alleged the City hired a City Attorney on the condition she would not take legal action against the
agreement, and spoke of a Los Angeles Time article dated September 24, 2017.
Wes Jones spoke regarding Item No. 05, suggesting the City should keep rebates and spoke in
support of Council Member Moreno's amendments to Operation Home Safe. He referenced a
new project on Anaheim Boulevard and Stueckle Street, noting they were asking for variances
related to parking and spoke in opposition to the project.
Ron Bengochea announced a ground -breaking ceremony on October 27, 2017, for a Veterans
Cemetery in Orange County. He referenced Item No. 21, stated he does not know what a
"welcoming city" is, noting he believed it to be a sanctuary city. He opined Anaheim does not
need to declare itself a sanctuary city and stated he opposed the item.
Renee B. reported there will be a second wrongful death trial regarding the case of Manuel Diaz,
on October 24, 2017, in downtown Santa Ana. She addressed alleged actions by the City
Attorneys in previous trials and encouraged the public to attend the trial on October 24th.
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Mark R. Daniels referenced Council's biographical information on the City's website and policy
aides and noted Council Member Kring does not have a policy aide listed in her information. He
addressed the need for transparency and suggested updating the website information.
Victoria Michaels announced that on October 18, 2017, from 7:00 P.M. to 9:00 P.M., at the
Phoenix Club, the Anaheim Republican Assembly will sponsor an update on homelessness in the
City. On October 20, 2017, at 6:00 P.M., there will be a gala to raise money for Higher Ground
Youth and Family Services at Highway 39. She referenced comments by a Council Member
about her at a previous meeting and noted she speaks as a concerned resident of Anaheim who
attends Council meetings on her own time. She stated when she sees actions disrespecting the
Mayor or other Council Members, or are unfavorable to residents, she does not criticize, but
rather she tells the truth, as she sees it.
Jeff Lowe wondered if the City recognizes the Anaheim Police Department enough. He opined
the City should recognize their work more often than it currently does.
Paul Vicknair referenced Item No. 10, noting he lives adjacent to the project and the need for a
cement fence between residences and the project, at least eight feet tall. Recommendations by
the Planning Commission and the Police Department included set hours of operation for the
project's patio areas. He addressed safety issues, including installing a signal at the corner of
Water Street and Anaheim Boulevard to slow down traffic, installation of a lighted sidewalk at the
corner of Anaheim Boulevard and Santa Ana Street, as well as speed -reducing efforts.
Dr. Patricia Adelekan invited Council to honor educators at the 24th International Educators Hall
of Fame, in Anaheim, and thanked the City for its support.
A male speaker, volunteer for the International Educators Hall of Fame, reported the event will be
held on November 11, 2017, from 10:00 A.M. to noon., at the Phoenix Club, where twenty-five
outstanding educators will be honored.
Patricia Henry provided information about her background and her work with the Homeless
Veterans Program and other organizations. She addressed her role in the Educators Hall of
Fame and stated she was grateful for the opportunity to be involved in the event. She addressed
the work of educators, noting they are deserving of being honored. She hoped for Council's
support in making it a successful event.
Dr. Patricia Adelekan spoke about four Anaheim families who are among the twenty-seven
educators being honored. She invited Council to attend and thanked the City for its support.
Cynthia Ward referenced Item No. 20, noting agencies have failed to meet their responsibilities
relative to the crisis of homelessness. She opined it was up to the City to act and alleged ARTIC
used false ridership numbers and revenue projections were based on those false numbers. She
stressed it was time for a forensic audit so that residents can find out what happened to their
money. She addressed housing impacts in environmental documents, noting Disney agreed to
build 500 housing units but then reneged on the agreement.
Bryan Kaye commented on Council Member Murray's participation in a recent Board of
Supervisors meeting and on Mayor Tait's efforts in looking for causes to problems rather than just
treating symptoms. He distributed written comments to Council, commented positively on Council
Member Kring's treatment of him at a recent meeting, and thanked Council for the kindness
shown to him.
"The Cameraman" stated he has no personal vendetta against the Anaheim Police Department.
He referenced a flag hanging in the lobby of the Anaheim Police Department, the Thin Blue Line
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Flag, and noted it was first created to honor fallen officers, but he believed it wasnow being used
as a political statement and has no business hanging there. He stated people are no longer
putting up with police misconduct and the police claim they are being attacked. He opined they
are only interested in themselves, and not citizens of Anaheim. He suggested removing that flag
and replacing it with the American flag. He opined good cops are being killed on the streets
because of the misconduct of others.
Prior to Council Communications, Fire Chief Randy Bruegman provided an update on Canyon
Fire 2 at the request of Mayor Tait. He reported that on October 9th at 9:30 A.M. there was a wind
driven fire that started on the other side of the SR 241, blew over SR 241 up the hillside and into
homes. Chief Bruegman shared the fire burned 9,200 acres, over 1,600 firefighters were
dispatched, 3,500 structures were threatened, a total of 80 homes were destroyed throughout the
entire region, in Anaheim 46 homes suffered some damage, 22 homes had less than 40%
damage, 9 homes with major damage, and 14 homes were lost completely. He shared the
resilience and support of the community and thanked the entire Anaheim team for their support.
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Council Member Faessel thanked the Chief and staff for their efforts with Canyon Fire 2 and
requested the meeting be adjourned in memory of Rocio Guillen, Anaheim resident killed in the
Las Vegas shooting.
Council Member Barnes recognized staff for their efforts with Canyon Fire 2.
Council Member Moreno recognized all staff regarding Canyon Fire 2, particularly those at the
EOC and Daron Wyatt for his communications. He requested information about prisoners
performing fire services be included in the final report.
Council Member Kring expressed her appreciation of staff efforts on Canyon Fire 2 and requested
the meeting be adjourned in memory of Carrie Barnette, Disney employee killed in the Las Vegas
shooting.
Council Member Murray thanked staff for their work and effort on Canyon Fire 2 and requested
staff look at brush mitigation measures, particularly in conjunction with HOAs, and traffic
management as part of the overall incident review and future staff actions. She also announced
donations were being accepted by First Team Realty and Influence Church for delivery to
northern California fire areas.
Mayor Tait recognized Bill Trudell, Custom Comfort Mattress, for his philanthropic actions for
Canyon Fire 2 victims and commended the Public Utilities Department for providing water with no
issues during the incident.
CITY MANAGERS UPDATE:
Interim City Manager Linda Andal reported, in response to Council Member Moreno's request on
September 26th, the City Attorney's Office had researched allegations made by Bryan Kaye and
determined text messages were not sent by a Police Department or City employee. She also
announced an update on County efforts to combat homelessness and the monthly performance
report required under Operation Home Safe would be on the October 24, 2017 agenda.
CONSENT CALENDAR: At 7:27 P.M., the Consent Calendar was considered with Council
Member Faessel pulling Item Nos. 02, 04 and 10, and Council Member Moreno pulling Item No.
05 for separate discussion and consideration. Mayor Tait declared a potential conflict of interest
on Item No. 09, as his firm did work for the County.
City Council Minutes of October 17, 2017
Page 11 of 27
MOTION: Council Member Kring then moved to waive reading in full of all ordinances and
resolutions and to adopt the balance of the consent calendar as presented, in accordance with
reports, certifications and recommendations furnished each City Council Member and as listed on
the Consent Calendar, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 7:
(Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel).
NOES — 0. ABSTENTION — 0. Motion carried.
B105 1. Receive and file minutes of Cultural and Heritage Commission meeting of August 17,
2017, Parks and Recreation Commission meeting of August 23, 2017, Public Utilities
Board meeting of August 23, 2017, and the Sister City Commission meeting of August 28,
2017.
D116 3. Approve recognitions recognizing Martha Serrano for over 16 years of service as
Assistant Head of School at Cornelia Connelly High School, Anaheim Lighthouse for their
work with Drug Free Anaheim and the Anaheim Addiction Recovery Collaborative,
Anaheim resident John Liekhus for his service as a pilot during WWII, and 13th MEU on
the 10th Anniversary of its adoption by the City of Anaheim.
D180 6. Accept the bid from Oakwest Services, Inc., in an amount not to exceed $323,304 plus a
20% contingency, to provide landscape maintenance services for various sites throughout
the City including public utility water facilities, libraries, and multiple administrative facilities
for a one-year period with up to four one-year optional renewals and authorize the
Purchasing Agent to exercise the renewal options in accordance with Bid #8999.
D180 7. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing
Agent to issue a Purchase Order to Excelsior Elevator Corp., in the amount of $117,865
plus a 20% contingency, for the Anaheim Regional Transportation Intermodal Center
Permanent Variance Implementation Program ensuring a high level of safety during
operation and maintenance routines per the California Code of Regulation for the four
platform elevators.
AGR- 8. Award the contract to the lowest responsible bidder, EFS West, in the amount of
10793 $446,491, for the for the Compressed Natural Gas Detection System Project at Public
Work Fleet and Facility Services, determine that the project is categorically exempt from
the California Environmental Quality Act pursuant to Class 1, Section 15301(a) of Title 14
of the California Code of Regulations, authorize the Mayor to execute the construction
contract and authorize the Finance Director to execute the Escrow Agreement pertaining
to contract retentions.
AGR- 9. Approve the Notice of Intent with the County of Orange, in the estimated cost of
1458.E $3,206,751, for animal care and shelter services for the period of July 1, 2017 through
June 30, 2018 and authorize the Mayor, or his designee, to execute and send a letter of
support to the Orange County Board of Supervisors to increase certain fees for animal
care and sheltering services.
City Council Minutes of October 17, 2017
Page 12 of 27
Due to a potential conflict of Interest, Mayor Tait abstained on Item 09. 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 carried.
AGR- 11. Approve an agreement with Wellness Solutions, in an amount not to exceed $175,000, for
2892•G services to administer the Wellness Incentive Program for the Anaheim Police Department
for a one-year period with three one-year optional renewals and authorize the Chief of
Police, or his designee, to administer the agreement and execute any amendments or
optional renewals under the terms and conditions of the agreement.
12. Approve an agreement with Placentia Library District establishing the terms and
AGR-
10795 conditions for integrated library system services by the Anaheim Public Library to the
Placentia Library District and authorize the City Librarian to administer the agreement.
13. Approve a Parking Garage Management Agreement with SP Plus Corporation (SP Plus)
AGR- designating SP Plus as the Parking Operations Manager for the management and
5320.A operation of the self -park operations for the Hilton Anaheim Carpark 2 for a five year base
term, with four one-year automatic renewal options unless terminated at the City's sole
discretion and authorize the City to pay SP Plus an annual Base Management Fee of
$27,500, which can be adjusted annually to a maximum of $35,750 or a minimum of
$22,000 based on SP Plus either exceeding or failing to meet specific performance criteria
as determined by the City.
Pilo 14. RESOLUTION NO. 2017-145 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM vacating a public utility easement located at 1161 North Fee Ana
Street pursuant to California Streets and Highways Code Section 8330, et. seq. -
Summary Vacation (ABA2017-00363).
Pilo 15. RESOLUTION NO. 2017-146 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM vacating public utility easements located at 4540 East Riverdale
Avenue pursuant to California Streets and Highways Code section 8330, et. seq. -
Summary Vacation (ABA2017-00361).
P124 16. RESOLUTION NO. 2017-147 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain
interests in real property (City Deed Nos. 12155, 12156, 12157, 12158, 12159, 12160,
12161, 12162 and 12163) (current and future placement of water and electrical facilities
for the provision of utility services).
D114 17. Approve minutes of the City Council meeting of February 7, 2017.
City Council Minutes of October 17, 2017
Page 13 of 27
END OF CONSENT CALENDAR 9:48 P.M.
D150 2. Receive and file the Community Services Department update on the Anaheim Parks Plan
Project.
Community Services Director Brent Dennis presented the report and expressed appreciation to
the Public Information team who helped promote the awareness and importance of the survey.
He addressed advisory groups, the number of residents completing the survey, involving the
Parks and Recreation, the Cultural and Heritage, and the Youth Commissions. He suggested the
Senior Commission would want to be involved in the process as well. He thanked Council
Members Barnes and Faessel, as well as Mayor Pro Tem Vanderbilt, for their involvement,
leadership, and advocacy. He was pleased to announce that nearly 7,000 people participated in
the survey, and addressed the top areas of interest which included playgrounds and tot lots,
picnic facilities, restrooms, trees/landscaping, and pools/water play. The survey also reflected
60% of the people surveyed felt their parks were safe or very safe; and a similar percentage felt
the park conditions had an excellent to good maintenance rating. The City of Anaheim has also
joined the Ten Minute Walk campaign as part of the Trust for Public Land's nationwide endeavor
to ensure that all residents live within 10 minutes of a green space or park. He spoke of the
guiding principles, which include park accessibility, maintaining the standard of at least 2 acres
per 1000 residents, encouraging health, promoting safety, enhancing passive and active
recreation, promoting environmental responsibility, and continuing to follow existing policies. As
for planned objectives for the plan, the goal is to enhance and expand the park system, give
higher priority to maintenance, connecting with nature and enhancing appreciation, and
enhancing the urban forest. Going forward, staff plans to bring the plan forward for Council
consideration the week of Earth Day 2018 and by May present an action plan for funding and
implementation.
DISCUSSION: Council Member Faessel expressed excitement about the project and looked
forward to exciting things in the future.
Mayor Pro Tem Vanderbilt thanked the community for their input and noted Council was
interested in improving existing parks and expanding the number of parks in the City.
Council Member Barnes thanked staff for their work and looked forward to moving the project
forward.
Council Member Murray thanked staff, the team, and Council colleagues who were participating
in the project. She commented positively on the vast community outreach and looked forward to
receiving recommendations.
Council Member Moreno echoed the gratitude and thanked community members. He asked
whether there have been conversations with schools regarding joint -use of fields and
gymnasiums.
Mr. Dennis reported part of the makeup of stakeholders and the steering committees have key
representatives from school districts.
Council Member Moreno noted that enhancing services requires staffing and asked whether the
report will consider staffing needs. Mr. Dennis reported the work group will focus on park safety,
park maintenance, and park aesthetics. They will be reviewing the budget needed to "build the
dream" and to maintain and secure the parks.
City Council Minutes of October 17, 2017
Page 14 of 27
Council Member Moreno commented on the need to restore and enhance community services.
Before Council final consideration, he would like to see preliminary funding ideas, noting he was
weary of supporting proposals that do not have funding attached to them. Mayor Tait agreed with
the need to develop funding early in the planning process.
Council Member Kring agreed with the concept of residents being no more than ten minutes from
a park; every child should be able to walk to a playground. She commended staff and
consultants for their work and noted Anaheim was always a leader.
MOTION: Council Member Moreno moved to receive and file the Community Services
Department update on the Anaheim Parks Plan Project, 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.
B105 4. Approve the reappointments of Martin Lopez, Robert Nelson, and Joseph Paquette and
the new appointments of Sarah Bartczak, Elizabeth Burnett, Jessica Gonzales, Rhonda
Wooten, and Bobby Donelson to the Anaheim Workforce Development Board for a four-
year term ending June 30, 2021.
Council Member Faessel requested a brief staff report and reported receiving a letter from the
Los Angeles and Orange County Building and Construction Trades Council, suggesting an
alternative name for appointment to the Anaheim Workforce Development Board.
Community and Economic Development Director John Woodhead presented a brief report
addressing the nomination process, requirements, members seeking reappointment, terms of
service, private -sector nominees, public -sector nominees, and recommendations. The Workforce
Innovation and Opportunity Act requires that the Anaheim City Council appoint members to the
Anaheim WDB based on criteria established by the Governor and the State Workforce
Development Board. The criteria also requires that a majority consist of private sector business
representatives, but that no less than 20% consist of workforce representatives, including
representatives from labor organizations, that at least two (2) represent education and workforce
training including members of employment service and economic development, and certain public
sector employees representation. Private sector representatives are nominated by the Anaheim
Chamber of Commerce and the Orange County Business Council, mandated public sector
representatives are nominated by their respective employers, and labor representatives are
nominated by a local labor federation. Those nominations are vetted through the board and
various sub -committees of the board and the board forwards the recommendations to Council for
consideration. Once established, board members can seek re -appointment and the re-
appointment is forwarded directly to the City Council for consideration.
Mr. Woodhead stated that tonight's action was the re -appointment of Martin Lopez, Robert
Nelson, and Joseph Paquette and the new appointments of Sarah Bartczak, Senior Vice
President of the Chamber of Commerce, Elizabeth Burnett, Talent Acquisition Manager of Kaiser
Permanente, Jessica Gonzales, Anaheim Economic Development Manager, Rhonda Wooten,
Manager of Employment Development Department -Anaheim field office, and Bobby Donelson,
retired Chapter President for his local union nominated by Orange County Labor Federation.
DISCUSSION: Council Member Faessel commented positively on Bobby Donelson's service and
reiterated receiving a letter from the Los Angeles Building and Construction Trades Council
suggesting Council consider Mr. David Lawhorn and listed his experience and qualifications. He
commented positively on Mr. Lawhorn's qualifications in this area stated his preference for Mr.
Lawhorn.
City Council Minutes of October 17, 2017
Page 15 of 27
Acting City Attorney Kristin Pelletier stated that given the agenda title, which did not contain an
alternative name, the matter would need to be re -noticed, under the Brown Act, because the only
action before Council was to approve the action under specific names.
Mayor Pro Tem Vanderbilt requested bifurcating the vote on this item.
Mr. Woodhead reported the board was short on members and if there were nominees that were
acceptable, he would like to proceed with voting for them.
Mayor Pro Tem Vanderbilt noted Council made appointments, based on applications to Council,
but in this case, nominees were recommended by Community Development. Mr. Woodhead
clarified his department provides staffing for the Workforce Development Board. Nominations
were vetted through the Board, not staff. The Board then makes a recommendation to City
Council. If there was a substitute nominee, the Board would vet same.
Council Member Moreno noted both nominations came through the Labor Federation,
commented positively on the work of Bobby Donelson, and stated he would not want to replace
someone who has already gone through a vetting process. He noted the Labor Federation
missed the deadline for submitting nominees and spoke in support of the status quo.
Council Member Kring understood the people representing the union had to be currently in that
position and noted Mr. Donelson is retired. Mr. Woodhead stated nothing in Federal or State
statues, or in the City's By-laws, required current employment.
In terms of the email received by Council, Mr. Woodhead reported staff was simply forwarding the
Board's recommendation for Council's consideration.
Mayor Tait noted there was a process in place and a recommendation from staff.
Council Member Murray referenced the nomination criteria and asked whether that was waived.
Mr. Woodhead stated Mr. Lawhorn was the only nominee suggested by the Trade Council.
Council Member Murray suggested postponing the matter one week to get additional information
about Mr. Lawhorn. She added his level of expertise was valuable and felt it would be beneficial
to wait to get more input about his experience and qualifications. Mr. Woodhead stated the
process would take longer than one week.
In response to Council Member Kring's question, Mr. Woodhead stated there was no deadline,
adding the Workforce Development Board reaches out to Labor Federations and that was the
response they received.
Mayor Tait opined Council should support the entire slate of nominees.
In reply to Council Member Moreno's inquiry, Mr. Woodhead reported he was not aware of an
application on file for Mr. Lawhorn.
Mayor Tait invited Mr. Donelson to the podium.
Mr. Donelson reported he is a member of the American Postal Workers Union and of the retiree
department. He stated he did not seek the position, but rather received a call from the Labor
Federation asking him if he was interested in serving.
City Council Minutes of October 17, 2017
Page 16 of 27
Council Member Murray indicated the building trades were interested in skilled young people and
noted their efforts through apprenticeship programs. She would like there to be more time for
consideration of individuals.
MOTION: Council Member Kring moved to approve the reappointments of Martin Lopez, Robert
Nelson, and Joseph Paquette and the new appointments of Sarah Bartczak, Elizabeth Burnett,
Jessica Gonzales, and Rhonda Wooten, to the Anaheim Workforce Development Board for a
four-year term ending June 30, 2021, 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). Motion failed.
MOTION: Mayor Tait moved to approve the reappointments of Martin Lopez, Robert Nelson, and
Joseph Paquette and the new appointments of Sarah Bartczak, Elizabeth Burnett, Jessica
Gonzales, Rhonda Wooten, and Bobby Donelson to the Anaheim Workforce Development Board
for a four-year term ending June 30, 2021, seconded by Council Member Barnes. ROLL CALL
VOTE: AYES — 7: (Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring,
and Faessel). NOES — 0. Motion carried.
AGR- 5. Determine, on the basis of the evidence submitted by Anaheim Capital Partners LLC,
1463.2 GardenWalk Hotel I, LLC, and Westgate Resorts Anaheim, LLC that the property owners
have complied in good faith with the terms and conditions of each of their respective
portions of Development Agreement No. 99-01 pertaining to the Anaheim GardenWalk
Project for the 2016-2017 review period.
DISCUSSION: Council Member Moreno suggested continuing the item to next week to allow
Council sufficient time to review the documentation, unless there was a time sensitivity.
Acting City Attorney Kristin Pelletier stated there was a time sensitivity, noting forty-five days after
submission of the evidence, City Council "shall' determine whether the applicant is in or out of
compliance. It was noted the City is already in violation of the terms of the resolution.
Planning and Building Director David Belmer concurred it has been longer than forty-five days
and the only option for continuation would be if the applicant agreed.
Council Member Moreno reiterated he would like to continue item to next Tuesday because of the
large amount of documentation to review.
Council Member Murray requested a full staff report.
Council Member Faessel noted the recommendation and asked whether the staff report
explained whether the owners have or have not acted in good faith and complied with the terms
and conditions.
Council Member Kring indicated the staff report and recommendations clearly state the property
owners have complied in good faith with the terms and conditions of each of their respective
portions of the environmental agreement. She added this was done every two years and most
developers do comply in good faith. She stated she trusted the City and the developer and was
willing to vote at this time.
Council Member Murray felt it would be valuable to hear the staff report.
City Council Minutes of October 17, 2017
Page 17 of 27
Council Member Moreno said this was a very high-profile item and agreed with hearing a report
prior to voting.
Ms Pelletier explained what would happen if Council denied the item, noting Council would have
to make specific findings as to why the applicant was out of compliance.
Mr. Belmer presented the staff report addressing the purpose of the development agreement,
background, amendments, assignment of the agreement, responsible entities for the various
components, previous Disney agreement annual review compared with this development
agreement, steps taken to date, and findings that the applicant follows the development
agreement.
Mayor Tait reported opposing the project from the beginning because of the economic assistance
agreement from the City to the developer. He referenced a lawsuit and asked for an explanation.
Ms. Pelletier reported the agreement has a clause indicating in the event there is any legal claim
challenging the City's approval, all times for performance or hearings shall be extended for the
whole time the action is pending, plus 180 days.
Council Member Faessel asked whether Council was considering the economic assistance
agreement now and Ms. Pelletier stated it was not. In reply to his inquiry, Ms. Pelletier explained
the differences between the two. She reiterated the specific item under Council's review tonight;
but only whether the applicant has complied with the development agreement.
In response to Council Member Faessel's question, Mr. Belmer reported the development
agreement only pertains to the physical development of the property. Relative to whether the
development agreement and economic assistance agreement are linked, Ms. Pelletier reported
they were, the economic assistance agreement was not before Council tonight, but the two were
tied together. She stated the economic assistant agreements were not regularly reviewed.
Mayor Tait wondered when they would have to begin construction and Mr. Belmer reported on
Hotel 1, they must commence construction by November 26, 2019. On Hotel 2, construction
must begin by November 10, 2022. Mayor Tait stated he would like more time to review the
matter and commented on a lawsuit filed May 8, 2014 that was dismissed in 2016. He reported
that originally, construction was to begin in 2016 and stated he was confused regarding the time
periods.
Ms. Pelletier said staff can consider that and bring the matter back and added the agreement has
a Force Majeure clause that includes litigation.
Council Member Murray stated Council needed to refocus on the subject at hand and stated the
matter was an annual update of the development agreement to determine whether they have
complied with its terms, within the last twelve months. She continued that Mr. Belmer reported
staff has reviewed the matter and has determined the applicant has complied with the terms of
the agreement. Were staff to find they have not, staff would be required to provide a notice to
them advising them as such. They would have to be given a reasonable opportunity to cure.
Council Member Murray asked Council to respect the process and move forward. In response,
Mayor Tait stated Council's job was to make sure they follow the development agreement and to
question staff.
In reply to Council Member Kring's inquiry, Mr. Belmer reported this item was last reviewed in
February 2016. Council Member Kring did not remember such a robust discussion last year.
She reported the project has outperformed expectations and have brought several big businesses
City Council Minutes of October 17, 2017
Page 18 of 27
into the City. She noted they complied sixteen months ago and questioned whether they were
out of compliance now.
Council Member Moreno reiterated he has not had a chance to read the material or meet with the
developer to understand the agreement. He opined it would harm no one to allow one more
week to study the matter.
Council Member Kring stated she would support Council Member Moreno's motion for
continuance, if he committed to read the material and get answers to his questions prior to next
week's meeting. Council Member Moreno stated he cannot make that commitment as he does
not know what his questions will be.
Mayor Tait reiterated his concerns and his support for continuing the item for one week.
Council Member Kring stressed the economic assistance agreement was not part of the item
being considered.
Mayor Tait asked the developer if they would object to a one-week extension and a
representative from Garden Walk indicated they would object to an extension. Mr. O'Connell
noted they have been working on this for over eleven years and the best thing the City could do is
approve it now. This matter was on the agenda several meetings ago, but the Mayor asked for it
to be postponed so he could be in the meeting. They are trying to break ground in November and
he spoke in opposition to postponing the matter once more.
Interim City Manager Linda Andal noted the City has a legal obligation, developers do not want to
continue the item, and believed Council has been advised of the item as early at September 28,
2017.
Mr. Belmer reported the matter was cued up to be listed in a previous agenda, but he understood
Council was interested in continuing it, then. Mayor Tait noted he had specific questions at that
time and they have not yet been answered. He still does not know what exactly they complied
with and requested a list of requirements and whether they complied or not.
Ms. Andal stated there were at least six different elements in the agreement which the developer
has complied with, and based on staff recommendation, they have complied and Council has a
legal obligation to determine so.
Mayor Tait reiterated his belief there was a discrepancy in the period between the lawsuit and
180 days. He stated the City was going to pay $158 million for the hotels and that was his
concern. He added he was looking out for the wellbeing of the people of Anaheim.
Council Member Murray thanked staff for the integrity of their answers and expressed concerns
this matter has been thoroughly studied and believed this was a delay tactic to harm a developer
because some Council Members do not like the economic assistance agreement. She urged
Council to vote and stressed it was not on the economic assistance agreement, but rather the
development agreement. She called for the question.
Council Member Moreno noted there was a new Council which has questions. He reported staff
was extremely busy this last week, so he did not want to bother them, asking them questions. He
added this was not a witch hunt, but rather Council doing its due diligence to the voter. His
responsibility is to voters, not developers and not staff. He spoke about transparency and noted
residents have not had a chance to read through the materials either. He urged staff to make
documents available earlier in the process for Council Members and the public to prepare.
City Council Minutes of October 17, 2017
Page 19 of 27
Mayor Pro Tem Vanderbilt stated he would not support the motion for continuance.
Council Member Murray disagreed with Council Member Moreno noting Council was notified, in
late September, this item was coming forward and there was no urgency expressed to staff. Staff
was asked to postpone the item, which the developers agreed to. She hoped the City can move
forward.
Council Member Kring stated Council knew about this matter two Council meetings ago.
Mayor Tait reiterated his request regarding this matter and stated he received responses on
Friday. He felt it reasonable to give Council Members more time to study the item.
MOTION: Council Member Moreno moved to continue the matter to the City Council meeting of
October 24, 2017, seconded by Mayor Tait. 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.
MOTION: Council Member Kring moved to determine, based on the evidence submitted by
Anaheim Capital Partners LLC, GardenWalk Hotel I, LLC, and Westgate Resorts Anaheim, LLC
that the property owners have complied in good faith with the terms and conditions of each of
their respective portions of Development Agreement No. 99-01 pertaining to the Anaheim
GardenWalk Project for the 2016-2017 review period, as presented, seconded by Council
Member Murray. ROLL CALL VOTE: AYES — 5: (Mayor Pro Tem Vanderbilt and Council
Members Murray, Barnes, Kring, and Faessel). NOES — 0. ABSTAIN — 2: (Mayor Tait and
Council Member Moreno). Motion carried.
AGR- 10. Approve the Purchase and Sale Agreement with Nest and Rest LLC, in the amount of
10794 $45,000, pertaining to the City's abandonment of excess alley right of way between and
P109 adjacent to 547 and 549 South Anaheim Boulevard, authorize the Mayor to execute the
Purchase and Sale Agreement and Quitclaim Deed, authorize the Public Works Director
to execute any documents required to close escrow, and authorize the City Clerk to
deliver Resolution No. 2017-127 and the Quitclaim Deed to escrow for recordation in the
Orange County Recorder's Office.
DISCUSSION: Council Member Faessel reported pulling this in response to public comments by
Mr. Paul Vicknair, relative to installing a cement wall and noise containment, and noted the item
relates to approving the sale agreement. He wondered if Council can respond to concerns voiced
by the public and Acting City Attorney Kristin Pelletier advised Council to focus on the agenda
item. Interim City Manager Linda Andal stated Council Member Faessel's question would be
appropriate as it related to the property being discussed.
Public Works Director Rudy Emami addressed Mr. Vickanir's questions regarding a perimeter
wall, noise mitigation, and installing signals to slow traffic speed. He reported there have been
discussions regarding the preferred height of the wall and those discussions will continue.
Regarding the installation of a signal, the City does not install signals to slow down traffic and the
project traffic study showed another signal was not warranted.
MOTION: Council Member Faessel moved to approve the Purchase and Sale Agreement with
Nest and Rest LLC, in the amount of $45,000, pertaining to the City's abandonment of excess
alley right of way between and adjacent to 547 and 549 South Anaheim Boulevard, authorize the
Mayor to execute the Purchase and Sale Agreement and Quitclaim Deed, authorize the Public
City Council Minutes of October 17, 2017
Page 20 of 27
Works Director to execute any documents required to close escrow, and authorize the City Clerk
to deliver Resolution No. 2017-127 and the Quitclaim Deed to escrow for recordation in the
Orange County Recorder's Office, 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.
18. District 4 appointment to the Senior Citizen Commission to serve a term through
B105 December 31, 2020 (continued from September 12, 2017, Item No. 18).
APPOINTMENT: Patricia Pina
Council Member Kring appointed Patricia Pina to the Senior Citizen Commission to serve a term
through December 31, 2020.
19. Receive and file status report on the Quality Rental Housing Program, which includes the
D159 recently adopted Quality Motel Inspection Program.
Council Member Faessel requested an update on the Quality Rental Housing Program.
Council Member Murray stated she worked on the program for two years, reported starting in the
west, and stated about 20,000 have been brought up to code. She asked for a full analysis and
update to ensure the City was eliminating slum conditions and that the City's health and safety
codes were being met.
Community Preservation Manager Sandra Sagert presented the report addressing mission and
goals, background, details of the five-year plan, partners and stakeholders, details of the process,
best management practices, inclusion of all information on the City's website, completion of
Phases I and II, first- and second -year accomplishments, Phase III current accomplishments,
motel inventory, motel status update, community outreach meetings, examples of success
stories, examples of feedback received, completion of Phase IV, and plans for Phase V.
DISCUSSION: Mayor Tait commented positively on the dramatic improvements on the
properties.
Council Member Murray thanked staff and the team who worked on this project. She addressed
a large immigrant/illegal resident rental population who where fearful of interacting with authorities
and did not call for help when needed. She asked whether residents feel confident that the
process is working and Ms. Sagert reported there was a better level of comfort among residents
and the fear has been reduced. Council Member Murray asked if self -certification was working
and Ms. Sagert reported it was a good screening tool, as it identifies where the City needs to be.
There have been some that have to be revisited, based on complaints received. At Council
Member Murray's request, Ms. Sagert reported the presentation and related documents will be
placed on the City's website.
Council Member Kring asked whether the owner was given time to repair violations and Ms.
Sagert stated it depended on the type of violation.
Council Member Barnes commented positively on the project and suggested informing residents
they can call in to report properties not in compliance, anonymously and without fear of
retaliation.
City Council Minutes of October 17, 2017
Page 21 of 27
Council Member Moreno commended Council Member Murray for bringing this item forward. He
asked about the self -certification and Ms. Sagert addressed the self -certification process. Council
Member Moreno suggested reminding people of their rights and considering how to strengthen
the confidence of tenants to exercise those rights. Additionally, he suggested considering
possible unintended consequences, such as increasing rental rates.
Planning and Building Director David Belmer noted a positive consequence has been improved
relationships with owners and tenants. Staff has information regarding owners' rights and
tenants' rights and is happy to provide that information as part of the education process. He
reported staff was not aware of direct correlations between this program and increases in rental
rates and suggested maintaining open dialogue and promoting the program.
Mayor Pro Tem Vanderbilt reported the City has a contract with the Fair Housing Foundation
which is charged with advocating for tenants.
Council Member Faessel agreed with Council Member Moreno's comments relative to
strengthening the programing and concurred that sensitivity to neighbors, where there could be
retaliation, was needed.
MOTION: Council Member Murray moved to receive and file the report, 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.
At 10:19 P.M., at the request of Council Member Faessel, with no objection, Mayor Tait took the
agenda out of order and considered Public Hearing Item No. 23 at this juncture.
PUBLIC HEARING:
23. GENERAL PLAN AMENDMENT NO. 2016-00512
C410 CONDITIONAL USE PERMIT NO. 2016-05902
TENTATIVE TRACT MAP NO. 18088
(DEV2016-00138)
Location: 633-711 South East Street
Request: The applicant requests approval of the following land use entitlements: (i)
amend the General Plan land use designation from Low -Medium Density Residential
to Medium Density Residential; (ii) a conditional use permit to permit the construction
of 42 attached single-family residential units with modified development standards; and
(iii) a tentative tract map to establish a 1 -lot, 42 -unit condominium subdivision.
Environmental Determination: The City Council will consider if an addendum to the
Previously -Certified Environmental Impact Report No. 330 (EIR 330) and Supplemental
Environmental Impact Report No. 346 (SEIR 346) is the appropriate environmental
document for this project and that none of the conditions set forth in Sections 15162 or
15163 of the State CEQA Guidelines calling for the preparation of a Subsequent or
Supplemental Environmental Impact Report have occurred.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved General Plan Amendment No. 2016-00512 (PC2017-065), Conditional Use
Permit No. 2016-05902 (PC2017-066), and Tentative Tract Map No. 18088 (PC2017-067)
with modification to the Conditional Use Permit resolution by modifying Condition No. 31
to add language as read into the record during the public hearing. VOTE: 6-1:
Chairperson Dalati and Commissioners Carbajal, Gillespie, Keys, Lieberman and White
City Council Minutes of October 17, 2017
Page 22 of 27
voted yes. Commissioner Armstrong voted no. Motion Carried. (Planning Commission
meeting of August 7, 2017).
RESOLUTION NO. 2017-148 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending the General Plan of the City of Anaheim and making
findings in connection therewith and determining that an addendum to the Previously -
Certified Final Environmental Report No. 330 and Supplemental Environmental Impact
Report No. 346 is the appropriate environmental documentation (General Plan
Amendment No. 2016-00512) (DEV2016-00138; 633-711 South East Street).
RESOLUTION NO. 2017-149 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving Conditional Use Permit No. 2016-05902 and making
certain findings therewith and determining that an addendum to the Previously -Certified
Final Environmental Report No. 330 and Supplemental Environmental Impact Report No.
346 is the appropriate environmental documentation (DEV2016-00138; 633-711 South
East Street).
RESOLUTION NO. 2017-150 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving Tentative Tract Map No. 18088 and determining that an
addendum to the Previously -Certified Final Environmental Report No. 330 and
Supplemental Environmental Impact Report No. 346 is the appropriate environmental
documentation (DEV2016-00138;
633-711 South East Street).
Associate Planner Nick Taylor presented the details of the project stating the proposed is a 42
unit, attached single-family subdivision using the RM -4 Multiple -Family Residential zone
development standards. The 1.78 -acre property is developed with structures that was previously
occupied by an auto wholesaling business. Surrounding uses include industrial uses to the north,
a recycling facility to the west, a service station and industrial uses to the south, and detached
single-family residences across East Street to the east.
He further stated that the 42 units would be in eight, 3 -story buildings containing either four or six
units each. Units would range from two bedrooms with 2.5 baths to three bedrooms with 3.5
baths, and would contain 1,355 to 1,707 square feet of living area. Each unit would be three
levels. Each unit would have a two -car garage (tandem or side-by-side) totaling 84 spaces, plus
26 open guest spaces for a total of 110 parking spaces in conformance with the minimum number
of Code -required spaces. He stated that the developer also requests approval of a tentative tract
map to create a 1 -lot, 42 -unit condominium subdivision. The proposed density of 24 dwelling units
per acre is permitted under the Medium Density Residential land use designation which allows up
to 36 dwelling units per acre and the Tract map complies with all of the City's applicable
subdivision regulations.
Mr. Taylor continued that the homes would have Spanish -style architecture. The project's
architecture was reviewed and endorsed by the local Historic Preservation Committee as the
property is located within the Anaheim Colony Historic District. The project complies with all
development standards of the RM -4 Zone with the exception of certain setback requirements.
The applicant is requesting to modify the interior building setbacks, setbacks between buildings,
and street setback standards. The Planning Commission approved these modifications because
there would be a 33'-6" setback from the street that would be provided for the foreseeable future;
the property does not adjoin any sensitive land uses; the project would meet the minimum
landscape setback requirement in most areas and would include a masonry wall to provide a
City Council Minutes of October 17, 2017
Page 23 of 27
buffer; and sufficient separation would be provided between adjacent uses despite the reduced
setbacks. The project is within the Residential Opportunity Overlay Zone and there are existing
and proposed residential projects in the vicinity. To the east are existing single family homes,
west of the site is the proposed Shopoff Development with 546 units, and further west is the
existing 670 unit Colony Park neighborhood.
Mr. Taylor further stated that the applicant also requests approval of a General Plan Amendment
to redesignate the property from the Low -Medium Density Residential to Medium Density
Residential land uses. The current Low -Medium Density Residential designation allows up to 18
dwelling units per acre and the proposed Medium Density Residential designation would allow up
to 36 dwelling units per gross acre. The proposed project would have a density of 24 dwelling
units per acre. The Planning Commission carefully considered the amendment described above
and found that the proposed change to the General Plan would be consistent with the applicable
goals and policies that encourage developments that provide a quality multiple -family living
environment with design amenities, such as private open space or recreation areas, as well as
high quality architecture and sufficient on-site parking. Therefore, staff and the Planning
Commission recommend approval of the requested amendment to the General Plan.
DISCISSION: Council Members Barnes, Moreno, and Faessel, and Mayor Tait reported meeting
with the developer and interested residents.
Mayor Pro Tem Vanderbilt reported some of the correspondence received from interested
residents related to concerns regarding parking. He asked regarding the possibility of requiring
the CC&Rs to specify unit garages be used only for parking.
Planning and Building Director David Belmer reported the issue was addressed through a
Condition of Approval.
Mayor Tait opened the public hearing
Doris Nguyen, The Olson Company, thanked Council and staff for their help on this project. She
provided information about The Olson Company, noting they are an in -fill developer, and listed
awards the company has received. She addressed HOA rules and expressed agreement with
Conditions of Approval.
Council Member Kring reported meeting with the developer.
Mayor Pro Tem Vanderbilt stated he has had no contact with the developer nor has he
accepted political contributions from same.
William Fitzgerald, Home Owners Maintaining Our Environment, reported he lives across the
street from the development and has been contacted by Ms. Nguyen. He alleged Disneyland has
ordered to make as many condominiums as possible, without adequate parking, in order to have
lower rents for their cast members. He noted Anaheim has various permit -parking districts and
he opined they drastically reduce home values. He spoke in opposition to the project.
Wes Jones expressed concerns with lack of parking and noted the City needed to change its
attitude on parking.
Bob Donelson reported living in a townhouse and stated through his CC&Rs they are required to
park in their garages.
City Council Minutes of October 17, 2017
Page 24 of 27
Doris Nguyen, The Olson Company, reported The Olson Company is committed to ensuring there
are no parking issues. She stated it starts with the sales process and buyers are advised they
must park in their garages per their CC&Rs.
Council Member Moreno asked regarding guest parking and Ms. Nguyen addressed the
availability of exterior parking spaces for visitors and events. She added the traffic study
showed the proposed project will generate less traffic than adjacent uses.
John Reischel, The Olson Company, reported there were major parking issues occurring in
connection with previous auto auctions in the area. The City of Anaheim has strict parking
standards for the area and Mr. Reischel suggested problems should improve. In terms of traffic,
he referenced the results of the environmental analysis noting traffic generated by the current
zoning exceeds that which will be generated by the proposed project.
Planning and Building Director David Belmer explained the project will generate eleven
fewer trips in the afternoon peak hours than the existing use.
Mayor Tait closed the public hearing.
DISCUSSION: Council Member Moreno noted his interest in developing housing in this area
pertains to helping people by offering affordable housing and prioritizing the development to
service existing Anaheim residents. He referenced a program offered by the developer, Shining
Star, providing purchase assistance to people working in public service and/or graduates of
Anaheim schools.
Council Member Faessel reported most of the residents he spoke with were happy about the
project. He understood the development allows for thirty-six units per acre, but the developer
was proposing twenty-four units per acre and asked about guarantees that the developer will
comply and not make a last-minute change.
Mr. Belmer reported the developer cannot change the plans without returning to the Planning
Commission and Council for approval.
Council Member Faessel expressed concerns with parking and asked regarding the minimum
parking requirement versus what they are offering. Mr. Belmer reported the developer was
complying with the minimum requirements listed in the Code. In further response to Council
Member Faessel, he reiterated the Conditions of Approval include a condition requiring unit
garages be used for parking rather than storage. He added HOAs are very proactive in policing
their own communities. Council Member Faessel felt this project will be a great impetus for other
improvements in the area.
In response to Mayor Pro Tem Vanderbilt's question, Mr. Belmer addressed the trip generation
and tandem versus side-by-side parking. He noted HOAs can manage guest parking spaces as
they see fit.
John Reischel, The Olson Company, addressed parking and noted in their experience, they do
not have many three -car situations; the two -car per household limit has been very effective and
the City's parking requirements have proven sufficient in other projects.
Council Member Kring shared her experience with tandem parking, noting people usually self -
regulate.
City Council Minutes of October 17, 2017
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In response to Council Member Moreno's inquiry, John Reischel addressed their target buyer,
referenced Tapestry Walk, and reported they will be doing advanced outreach within the City.
Additionally, he addressed mitigation efforts to protect surrounding neighbors and maintain their
quality of life.
Mr. Belmer mentioned the traffic analysis which showed no traffic improvements or specific
outside mitigation efforts were warranted.
Council Member Faessel commented on future developments, related traffic concerns, and
potential traffic mitigation efforts. Mr. Belmer reported the cumulative impacts on traffic were
considered.
Discussion continued regarding traffic, parking, limiting parking for certain hours, and the
possibility of having the developer provide an update on the project within one year.
Council Member Kring appreciated the various suggestions, and noted the developer and project
have been approved by the Planning Commission. She addressed tandem parking, noted Olson
has stated they have never had problems with it, and stated she will take them at their word.
MOTION: Council Member Kring moved to adopt RESOLUTION NO. 2017-148 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the General
Plan of the City of Anaheim and making findings in connection therewith and determining that an
addendum to the Previously -Certified Final Environmental Report No. 330 and Supplemental
Environmental Impact Report No. 346 is the appropriate environmental documentation (General
Plan Amendment No. 2016-00512) (DEV2016-00138; 633-711 South East Street); RESOLUTION
NO. 2017-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
approving Conditional Use Permit No. 2016-05902 and making certain findings therewith and
determining that an addendum to the Previously -Certified Final Environmental Report No. 330
and Supplemental Environmental Impact Report No. 346 is the appropriate environmental
documentation (DEV2016-00138; 633-711 South East Street); and RESOLUTION NO. 2017-
150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving
Tentative Tract Map No. 18088 and determining that an addendum to the Previously -Certified
Final Environmental Report No. 330 and Supplemental Environmental Impact Report No. 346 is
the appropriate environmental documentation (DEV2016-00138; 633-711 South East Street), as
presented, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 5: (Mayor Tait,
and Council Members Murray, Moreno, Kring, and Faessel). NOES — 2: (Mayor Pro Tem
Vanderbilt and Council Member Barnes). Motion carried.
R100 20. RESOLUTION NO. A RESOLUTION OF THE ANAHEIM CITY
COUNCIL relating to financial resources to fund Operation Home Safe.
MOTION: Mayor Tait moved to continue Item 20 to the City Council meeting of October 24,
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.
R100 21. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM designating the City of Anaheim as a Welcoming City that respects
the dignity of all people and promotes programs to foster inclusion for all residents.
City Council Minutes of October 17, 2017
Page 26 of 27
MOTION: Mayor Tait moved to continue Item 21 to the City Council meeting of October 24,
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.
D114 22• RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adding Policy 1.9 to City Council Policy Manual imposing time
limitations on City Council Communications.
MOTION: Mayor Tait moved to continue Item 22 to the City Council meeting of October 24,
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 Murray offered her support and appreciation for staff and stakeholders regarding
Canyon Fire 2, appreciated feedback from residents, thanked the Anaheim Hills Community
Council and staff for the town hall meeting regarding the fire, and requested two agenda items: 1)
for October 24th, a proclamation declaring November 12-18 as National Nurse Practitioner Week;
and 2) for November 7th, presentation on the West Anaheim Economic Development Program.
Council Member Kring announced the Dodgers' win and the Veterans Day celebration on
November 11, 2017 at 11 A.M. at the Veterans Memorial adjacent to the Muzeo. She requested
consideration of FJS Inc.'s purchase of 1.75 acres from the City to placed on the agenda in
November.
Council Member Moreno congratulated Rythmo Mariachi for their Mariachi Festival and
acknowledged Community Services staff and River Arena for assisting; announced the Anaheim
Ballet's Martini Ballet at Segerstrom Center on October 19; thanked St. Boniface Church for
hosting a power of attorney letter clinic; and reported his attendance at Coffee with the Principal
at Anaheim High School, a walk with Utilities staff in the Sycamore/Philadelphia/Olive/Wilhelmina
neighborhood regarding street lighting, an AMEA tour of the Police Department, and a tour of the
Community Services yard. He announced the final meeting of the Homeless Policy Working
Group on October 20th, the Colony Classic Car Show on October 21s', the Fall Festival and
Parade on October 28th, and consideration of affordable housing policies on the October 24tH
agenda.
Council Member Barnes thanked everyone who assisted with the fire efforts and offered her
sorrow to the victims and those injured in the Las Vegas shooting incident.
Mayor Pro Tem Vanderbilt thanked his colleagues for working with his aide, Helen Myers, on a
project to recognize employees with 25-, 30-, and 35 -year service anniversaries.
Council Member Fasessel announced the Halloween parade, recognized Jane Newell and the
Heritage Room and encouraged families to visit that facility, congratulated the Police Department
for receiving a $403,000 grant from the California Department of Traffic and Safety, reported his
attendance with Council Member Barnes at the Braille Institute's ground -breaking, and reported
the deaths of Officer Derek Truss and Edie Overholt, wife of a former council member.
City Council Minutes of October 17, 2017
Page 27 of 27
Mayor Tait reported he travelled to Washington D.C. to discuss the DREAM Act and state and
local tax issues; recognized the Braille Institute; and thanked all city staff for their work on Canyon
Fire 2.
ADJOURNMENT:
With no further business before the City Council and without objection, Mayor Tait adjourned the
meeting of October 17, 2017 at 11:38 P.M. in memory of Rocio Guillen, Carrie Barnette, Officer
Derek Truss, Edie Overholt, victims of the Northern California wildfires and with thoughts and
prayers for Anaheim residents who lost their homes in Canyon Fire 2.
Respecoutt}i"s itted,
Theresa Bass, MC
Acting City Clerk