11/21/2017ANAHEIM CIN COUNCIL REGULAR
AND REGULAR ADJOURNED MEETING OF NOVEMBER 21, 2017
The regular meeting of November 21, 2017 was called to order at 3:00 P.M. and adjourned to
4:30 P.M. for lack of a quorum. The regular adjourned meeting of November 21, 2017 was called
to order at 4:32 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 November 17, 2017.
PRESENT: Mayor Tom Tait and Council Members James Vanderbilt, Kris Murray, Jose F.
Moreno, Lucille Kring, and Stephen Faessel. Council Member Denise Barnes joined the meeting
at 4:40 P.M.
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 ITEM:
William Fitzgerald, Home Owners Maintaining Our Environment, expressed opposition towards
the Anaheim Police Department policies and practices concerning officer -involved shootings,
specifically referring to officers being assigned to desk duty and receiving paid leave.
Christina Neilson, La Habra resident, alleged that Anaheim Police Officers were involved in
harassing her and tampering with her home's thermostat, intentionally flying helicopters over her
house, staging fake lock downs, and conducting surveillance on her. She mentioned that on
September 18th and March 20th, there were eight officers on her property, who she could identify.
R. Joshua Collins encouraged Council to hold the Police Department accountable for officer -
involved shootings and situations with homeless individuals.
CLOSED SESSION At 4:42 P.M., Mayor Tait recessed to Closed Session for consideration of
the following item:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Estate of Manuel Diaz v. City of Anaheim et al. Case No. SACV12-01897
JVS
At 5:27 P.M., the City Council session was reconvened.
INVOCATION: Father Edward Poettgen, St. Boniface Roman Catholic Church
FLAG SALUTE: Council Member Lucille Kring
PRESENTATIONS: Posthumous Recognition of John H. Liekhus, World War II Hero
Mayor Tait acknowledge the presence of Congressman Lou Correa and asked him and Dr. Mike
Cushing, nephew of First Lieutenant John H. Liekhus, to the podium. Mayor Tait listed Lieutenant
Liekhus's background and accomplishments.
Dr. Mike Cushing shared Lieutenant Liekhus's experience after he was shot down in East
Germany and Dr. Cushing's efforts in learning about what had happened to him and his heroic
City Council Minutes of November 21, 2017
Page 2 of 12
actions to save his men in the crash. He reported a funeral for his great-uncle, along with the
men who died in the crash, at Arlington Cemetery next summer. He commented on Lieutenant
Liekhus's younger brother, acknowledged the attendance of family members, and expressed
pride in honoring his great-uncle.
Congressman Lou Correa reported, in speaking with the Liekhus family, they now have closure.
He noted Lt. Liekhus's heroic actions in World War II, and on behalf of the U.S. Congress,
presented the family with a proclamation and thanked them for their sacrifice.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Proclaiming November 25, 2017, as Small Business Saturday
Proclaiming December 2017, as Impaired Driving Prevention Month
Acting Deputy Police Chief Mark Cyprien accepted the proclamation declaring December 2017 as
Impaired Driving Prevention Month. He addressed the Anaheim Police Department's efforts in
preventing impaired driving and reminded the public to drive safely.
Proclaiming December 1, 2017, as World AIDS Day
Proclaiming December 7, 2017, as Pearl Harbor Remembrance Day
Proclaiming December 10, 2017, as Human Rights Day
ADDITIONS/DELETIONS TO THE AGENDA: None
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, commented on Disney using subliminal
message in films and read a passage from the Bible. He stated the public needed to be informed
about the subliminal messages and urged Council to publicize the information he provides and
noted the need to protect the children.
Mark Richard Daniels reported on the 54th Anniversary of the assassination of President John F.
Kennedy and referenced documents that have been released regarding the matter. He opined
the reason there is so much distrust in government started on that day, 54 years ago. He
commented on the importance of rebuilding trust and urged the adoption of a Police Commission,
consisting of Anaheim citizens. He referenced the City's settlement of the Manuel Diaz case,
urged Council to move ahead with the establishment of the Police Commission, and believed for
a city of its size, Anaheim should have fewer incidents of police harassment and use of brutal
force.
R. Joshua Collins, Homeless Advocates for Christ, encouraged the public to put their faith in
Jesus Christ and commented on the issue of homelessness. He alleged selective enforcement
when it came to the homeless versus the rich, stating that was discriminatory. For Anaheim to be
the City of Kindness, he indicated, that must change and commented on a recent incident on
November 19th, at Maxwell Park, were people received citations for having property at the park
and guns were drawn by Police Officers, including Sergeant Lozeau. He encouraged Council to
keep him and other officers accountable and eliminate laws against the homeless and their
property. He read a short passage from the Bible.
City Council Minutes of November 21, 2017
Page 3 of 12
William Fitzgerald, Home Owners Maintaining Our Environment, referenced comments made
during the previous City Council meeting regarding the death of Manuel Diaz and alleged police
officers follow the policies and incentives of the Council. He stated Anaheim has more than its
share of officer -involved shootings and made correlations between officer discipline and union
campaign contributions.
John Dunton urged the public to pray for the military personnel overseas who were not spending
Thanksgiving with their families. He reported he and his wife donated $3,000 Wal-Mart gift cards
to the Anaheim Fire Department for distribution to poor families, as the Fire Chief and Fire
Department were trusted by many businesses in the City. He addressed the distribution of
helmets by the Fire Department and reported he will be raising money in January for the
purchase of additional helmets. Mr. Dunton spoke about the Anaheim Police Department and
opined Julian Harvey should be given a chance to be the new Police Chief, adding that many
businesses support him.
Kevin Dow, Vice President and General Manager, Turner Construction, commented on the award
of the Anaheim Convention Center expansion project and on the company's opportunity to
engage local businesses and hires to be part of building the future for the community. He
provided information on the company and reported the company recently filed a lawsuit against
the City to recover payment for their work on the Convention Center. He hoped to be able to
work with the City to resolve the matter, in a manner satisfying both interests. He distributed
copies of the lawsuit for Council's review.
Erik Garcia urged the establishment of a strong civilian oversight committee to address problems
with the Anaheim Police Department. He referenced a report by the ACLU and the efforts of the
Anaheim Police Department to discount it. He highlighted flaws of the 2014 Public Safety Board
and offered suggestions for improvement.
Victoria Vidrio felt Council Member Moreno should be honored for his participation in Washington,
D.C., commended him, and expressed pride in his and her Mexican heritage.
Leon Cisneros indicated he was applying to be a member of the Public Safety Board and
distributed his application and resume. He reported he was a grassroots -community organizer,
felt he would not be supported by his Council Member, and asked to be considered as an at -large
member. He commented on the Anaheim Police Department's relationship with Latino youth,
noting he has been discriminated against and has been placed in a gang database simply
because he is Hispanic.
Donna Acevedo -Nelson reported her son, Joel Acevedo, was by killed Anaheim Police Officer
Kelly Phillips on July 22, 2012, agreed with Mr. Fitzgerald's comments about Council. She urged
City Council to hold the Police Department accountable and thanked Council for appointing Julian
Harvey as the Interim Police Chief, noting he is a man of integrity and she hoped he will become
the Chief.
Jennifer Rojas, ACLU of Southern California, referenced the recent Anaheim Police Department
Use of Force Report issued by the ACLU, and noted there was a pattern and practice of using
deadly force by police officers in the Anaheim Police Department (APD), the APD has not
successfully intervened in the high rate of officer -involved deaths, and the Public Safety Board
must be strengthened to provide useful and effective civilian oversight in Anaheim. She added
the City must take steps to reform use of force policies by the APD and the body camera policy.
She shared results of the report, including that APD as responsible for a significant amount (17%)
of all homicides in the City. She added black and Latino Anaheim residents were more likely to
be killed by the APD than others. Ms. Rojas stated most Anaheim Police Officers have never
City Council Minutes of November 21, 2017
Page 4 of 12
been involved in an arrest -related death but 55% of those Anaheim arrest -related deaths were at
the hands of repeat offenders. She looked forward to further discussions on the matter as well as
on the Public Safety Board.
Julio Castaneda spoke about the need for strong civilian police oversight, noting the Public Safety
Board must have independent membership with no current or past law enforcement or police
association members, and people most impacted by police must be represented. He believed the
board should have independent, investigatory power, as well as legally, enforceable unrestricted
access to department records and internal investigations and subpoena power. In addition, he
added, the board must have the power to ensure accountability and must be able to recommend,
approve, and reject police policy reforms. Mr. Castaneda added the oversight body must have
secure funding and staffing to accomplish its duties and listed reasons for the failure of the
previous board. Additionally, he provided statistics relative to arrest -related, use of force deaths
in Anaheim.
Stephan Gil addressed statistics on arrest -related, use of force deaths in the City, noted a lack of
accountability, and stressed if the people cannot trust the agency in charge of protecting them,
they will not call on them when trouble arises.
"The Cameraman" shared a recent incident at ARTIC where he and others were filming and the
APD was called. He claimed the police shined flashlights in their faces and acted with the intent
to intimidate them and obstruct their recording. He shared another incident where he asked a
Police Officer to move his car from the crosswalk and the officer's response was to blame him for
causing trouble. Additionally, he commented on alleged actions by Sergeant Benjamin Starkey
and Kelly Phillips and questioned why they were still employed with the Anaheim Police
Department. "The Cameraman" asked the City Council to approve and fully implement a Police
Oversight Board with subpoena power, composed of Anaheim residents.
Duane Roberts commented on the issue of police oversight, commended Council for bringing the
item back for consideration, and looked forward to further discussion and working with Council
and residents to ensure whatever model was adopted, was fair, accountable, just, and strong.
Rosaisela Lopez spoke in favor of a strong, civilian oversight through the Public Safety Board.
She stated it should directly report to City Council, the board should be comprised of community
members, it should be provided with adequate resources through the City budget, and should
have the ability to investigate, with subpoena power. Additionally, she believed the Public Safety
Board should be subject to State open meeting laws and it should have the power to review and
report the Police Department's performance to the public on an annual basis.
Francisco Aviles Pino, Orange County Congregation Community Organization, commented on his
activism work, reported young people were getting engaged, and expressed concern with the
state of the youth. He spoke in support of a police oversight committee, admonished that
Council's decisions have repercussions, distributed business cards, and offered his help in
outreach efforts.
Karina Granados reported Council already knows the state of the City in terms of public safety
and commented on Council's responsibility to make it safe for all residents. She noted the City
applauds AP students but turns its backs others. Ms. Granados noted Council's decision on a
police oversight committee affects everyone. Additionally, she stated she has friends who have
been detained, only because of the way they look, and reiterated that everyone needs to be
protected.
Lou Noble read a passage from the Bible and stated criminalization does not solve the
homelessness problem. He stressed the need for police reform and commented on the
City Council Minutes of November 21, 2017
Page S of 12
successful moving of homeless from Fountain Valley and the Santa Ana riverbed. He reported a
lack of resources and shelters and noted the need for safe areas for the homeless.
David Duran spoke about the responsibilities of residents and Council to stay vigilant and
informed, alleged there were members of Council who were not acting in the best interest of the
City and its residents, and suggested they resign as soon as possible.
Mike Robbins reported the City has many lawsuits and needs a proficient lawyer to take care of
them. He stressed the need for a police oversight committee and commented on homelessness
in the City. He read a passage from the Bible relative to caring for the poor and urged Council to
do something about it immediately.
Joese Hernandez, Orange County Communities Organized for Responsible Development,
agreed with other public comments regarding the need for a police oversight board to ensure
police accountability. Many young people in the City claim they have been harassed by the APD
and, Mr. Hernandez reported, others supporting hate groups were not reprimanded. He hoped
Council will make it a fair process.
Jeanine Robbins urged Council to implement a strong, citizen's police oversight committee so the
APD will know their actions were being watched and will be held accountable. Regarding short-
term -rentals, she spoke in opposition to the ordinance, noting increased complaints from
residents and little action. She urged Council to agendize the matter for a report or a workshop,
so residents can be informed. Ms. Robbins addressed homelessness and alleged the Kraemer
Shelter was failing as there was nowhere to transition people and they are staying, providing no
room for new residents. She alleged residents should blame Council Members Murray and
Faessel for the increase in the homeless population in the riverbed, since they publicly supported
the eviction of the homeless in Fountain Valley. She reported the public will be organizing public
"sleep outs", in various, prominent, City -owned properties, to raise awareness of the City's
treatment of homeless people. She commended Council Member Moreno for the recent award
he received.
Pat Davis reported moving to Anaheim has been painful and commended public speakers who
have spoken about police violence in the City. She referenced the ACLU report and wondered
who the police "protect and serve". She reminded Council it has the power to make a big
difference and spoke about the importance of having a civilian police oversight board to hold the
APD accountable. She reported attending a meeting on homelessness and stated District 5
seems to have a lot of issues and hoped for change in the New Year.
Bryan Kaye thanked Donna Acevedo -Nelson, reported writing another report, and held a moment
of silence in honor of Joel Acevedo. He suggested the City present her with a Thanksgiving Day
gift; a marker.
Ada Tamayo noted Council was now familiar with statistics related to police brutality in the City
and reported it continued to increase. She spoke in support of a strong, robust civilian police
oversight board, noting it will increase transparency and spoke about the City's diversity, noting
minorities were the engine bringing money to the City.
Robert Hernandez urged Council to expand library hours to previous hours of operation. He
added he would like to see branch libraries open on Saturdays and possibly have the central
branch open on Sundays.
A male speaker hoped with the hiring of a new Chief of Police, the situation with police
harassment and use of force was eliminated. He reported successfully mentoring young men
City Council Minutes of November 21, 2017
Page 6 of 12
who were labeled, "bad kids", and urged Council to support grassroots organizations helping the
community and implement a civilian police oversight committee.
Irma expressed concerns with police harassment and mistreatment. She reported when her
children were young, police officers were their heroes but they no longer believe that. She
reported her husband suffers from hyper -thyroid problems and is very thin. Every time the police
see him, they confuse him as a drug addict. She expressed concerns with racism and
maltreatment by the APD and asked Council to do something about the problem.
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Upon request from Council Member Murray, and with the concurrence of the Mayor and Council,
Acting Police Chief Julian Harvey addressed public comments related to the ACLU Use of Force
Report, thanked the ACLU for its work, and reported meeting with Ms. Rojas to schedule a time to
discuss it. He indicated there were some misstatements in the report that significantly change the
statistical findings and highlighted them. He added the Police Department portrayed in the report
is not the Police Department that he knows and works for, addressed efforts to make positive
changes, and welcomed civilian oversight.
Mayor Tait confirmed that staff recommendations regarding the Public Safety Board would be on
the December 5th agenda and congratulated Council Member Moreno for receiving the New
American Hero award in Washington, DC from the New American Leaders Project. Regarding
homes lost during the Canyon fires, Mayor Tait requested Interim City Manager Linda Andal find
ways to help residents rebuild through expedited permitting and reduced fees.
Council Member Kring requested the meeting be adjourned in honor of John H. Liekhus, World
War II Hero.
Council Member Faessel requested a recognition by the December 19th meeting recognizing
December 21St as National Homeless Persons' Remembrance Day.
CITY MANAGER'S UPDATE:
Interim City Manager Linda Andal provided an update on the park surveillance camera project at
Twila Reid, Brookhurst, and Maxwell parks reporting that the cameras have been installed and
were in beta -testing to address remaining technological issues, with an expected go -live date
within 30 -days and on -budget. Additionally, she reported the Police Department was finalizing its
camera policy and signage about the cameras was being fabricated and installed.
Mayor Pro Tem Vanderbilt requested additional information about community outreach and input
at Ponderosa Park be included in future updates.
CONSENT CALENDAR: At 7:18 P.M., the Consent Calendar was considered with Mayor Pro
Tem Vanderbilt pulling Item No. 08 for separate discussion and Mayor Tait declared a potential
conflict on Item No. 02.
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 Faessel. ROLL CALL VOTE: AYES — 7:
(Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel).
NOES — 0. ABSTAIN — 0. Motion Carried.
City Council Minutes of November 21, 2017
Page 7 of 12
AGR- 1. Determine, on the basis of the evidence submitted by LTG Platinum LLC, that the property
10349 owner has complied in good faith with the terms and conditions of Development
Agreement No. 2015-00001 for the 2017 review period for the LT Platinum Center mixed-
use project located at the northeast corner of Orangewood Avenue and State College
Boulevard in the Platinum Triangle.
AGR- 2. Determine, on the basis of the evidence submitted by PT Metro LLC, that the property
3750.A owner has complied in good faith with the terms and conditions of Amended and Restated
Development Agreement No. 2005-00008 for the 2017 review period for the A -Town
Metro mixed-use project located at 1404 East Katella Avenue in the Platinum Triangle.
Due to a potential conflict of interest, Mayor Tait abstained on Item No. 02. 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.
D180 3. Accept the bid from Spiess Construction Co., Inc., in the amount of $289,890, for
furnishing and installing a THM Removing Water Mixing System at Oak Hills Reservoir for
the Public Utilities Department, plus up to a 15% contingency for reaching actual
increased performance goals as specified in the bid documents and any unexpected costs
associated with the installation, authorize the Purchasing Agent to issue a Purchase Order
in accordance with Bid #9024, and determine that the installation of the Water Mixing
System at Oak Hills Reservoir is exempt from the California Environmental Quality Act
pursuant to Section 15301(b) of Title 14 of the California Code of Regulations.
AGR- 4. Award the contract to the lowest responsible bidder, Vasilj, Inc., in the amount of
10843 $3,560,694, for the Citywide Sanitary Sewer Improvement Program/Project (La Palma
Avenue from East Street to Anna Drive; Romneya Drive from East Street to Acacia Street;
Acacia Street from Romneya Drive to Carbon Creek Channel; and Burton Street from
Acacia Street to 300 feet west of Acacia Street), authorize the Finance Director to execute
the Escrow Agreement, and determine that the project is categorically exempt under the
California Environmental Quality Act.
5. Award the contract to the lowest responsible bidder, HYM Engineering, Inc., in the amount
AGR-
10844 of $450,810.50, for the South Street Sidewalk Gap Closure Project (525 west of East
Street to East Street), authorize the Finance Director to execute the Escrow Agreement,
and determine that the project is categorically exempt from the California Environmental
Quality Act pursuant to Class 1, Section 15301 (Existing Facilities) of Title 14 of the
California Code of Regulations.
D180 6. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing
Agent to issue two Purchase Orders to the Orange County Conservation Corps, in the
total amount of $62,000, for vegetation clearance and rehabilitation services for the
Community Services Department at Pelanconi Park and the Anaheim Coves Northern
Extension, authorize the Purchasing Agent to issue future purchase orders to Orange
County Conservation Corps when requested by City Departments and allowed per
Council Policy, in amounts not to exceed the available budget appropriations.
City Council Minutes of November 21, 2017
Page 8 of 12
D180 7. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing
Agent to issue a purchase order to Mallory Safety and Supply LLC, in the amount of
$777,371 plus applicable tax, for the purchase of 700 sets of personal protective
equipment for first responders in accordance with the US Communities Cooperative
Agreement 4400001839 contract pricing.
R100 9. RESOLUTION NO. 2017-165 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution 2017-024, Nunc Pro Tunc, relating to the
Proposition 1 Storm Water Grant Program for the Modjeska Park Underground
Stormwater Detention and Infiltration System Project.
END OF CONSENT CALENDAR
AGR- 8. Waive the sealed bid requirement of Council Policy 4.0 and approve and authorize the
AGR -
Public Works Director to execute agreements with ACCO, Crestron, Chief Integrations,
7374.V111 Rosendin and BEC, each in an amount not to exceed $75,000 with a 20% contingency for
AGR' a total combined amount of $450,000, to correct a variety of building system functionalities
7379.IX
AGR_ and make adjustments to system programming related to the automation and remote
7374.X control of the HVAC, Lighting Control, Fire Alarm, Access Control & Video Surveillance
AGR -
7374.X1 systems at the Anaheim Convention Center; and authorize de minimis changes in the best
interest of the City, so long as such changes are determined to be de minimis by the City
Attorney.
DISCUSSION: Mayor Pro Tem Vanderbilt referenced public comments received from Turner
Construction, who distributed a letter, dated today, and a copy of the body of a lawsuit.
Acting City Attorney Kristin Pelletier stated she could not see a connection between the Turner
lawsuit and Item No. 08 and discussion of the Turner relationship would have to relate to the
referenced agreements. She added the Turner matter could be agendized for a future meeting,
in Closed or Open Session. Mayor Pro Tem Vanderbilt referenced the staff report, noting it
reflects a contract being moved, but advised against getting into the details of the Turner litigation
now.
In response to Mayor Tait's question as to whether the Turner litigation had anything to do with
the listed contracts, Ms. Pelletier indicated she did not know, as she just received the Turner
letter that day, and had not had an opportunity to review it.
Mayor Pro Tem Vanderbilt wondered if the matter should be continued to allow staff to review the
documents submitted today. He noted Turner subcontractors have not received payment and
asked for staff input.
Public Works Director Rudy Emami reported the contracts before Council were with the five
subcontractors that worked for Turner Construction on some of the areas of dispute the City feels
were not properly provided and they could be part of the lawsuit. To maintain the warranties on
the items of work, staff feels it was best to have the same contractors complete the work to the
City's satisfaction. As the lawsuit moves forward, this item may be a part of it. He added the
disputes are for different items and this item is for work the City feels needs to be completed. He
concluded, there would be no harm in continuing the item, however, this was a good opportunity
to ensure the work gets done.
Mayor Tait declared a potential conflict and left the dais at 7.27 P.M.
City Council Minutes of November 21, 2017
Page 9 of 12
In response to Council Member Barnes's question, Mr. Emami reported the dispute has been
going on for a while, but Turner Construction decided to proceed with a lawsuit.
Interim City Manager Linda Andal noted the Convention Center needed to continue to operate
and work needed to be completed. She explained that was a different tract than what will occur
through litigation and any litigation should not impact moving forward with the Convention Center
expansion and schedule.
In response to Council Member Moreno's question, Mr. Emami stated this item was not for Turner
to continue the work, but rather, have the same suppliers (Turner subcontractors) complete the
work, to preserve the warranties on items of work that need to be completed. They will now be
direct contractors with the City.
Council Member Kring added the work to be completed were safety issues and she would like to
see the work completed,as soon as possible.
MOTION: Council Member Kring moved to Waive the sealed bid requirement of Council Policy
4.0 and approve and authorize the Public Works Director to execute agreements with ACCO,
Crestron, Chief Integrations, Rosendin and BEC, each in an amount not to exceed $75,000 with a
20% contingency for a total combined amount of $450,000, to correct a variety of building system
functionalities and make adjustments to system programming related to the automation and
remote control of the HVAC, Lighting Control, Fire Alarm, Access Control & Video Surveillance
systems at the Anaheim Convention Center; and authorize de minimis changes in the best
interest of the City, so long as such changes are determined to be de minimis by the City
Attorney, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 4: (Council
Members Murray, Moreno, Kring, and Faessel). NOES — 0. ABSTAIN — 3: (Mayor Tait and
Council Members Vanderbilt and Barnes). Motion carried.
Mayor Tait returned to the dais at 7.33 P.M.
D155 10. Receive and file a status update on compensation agreements with affected taxing
agencies, including County of Orange, Anaheim Union High School District and Placentia-
Yorba Linda Unified School District, regarding proceeds from sale of former
Redevelopment properties for future economic development.
Mayor Tait declared a potential conflict noting his firm works for the County of Orange, recused
himself, and left the dais at 7.33 P.M.
Community and Economic Development Director John Woodhead reported on October 18, 2016,
City Council directed staff to negotiate the form of a compensation agreement with affected taxing
agencies with regard to the disposition and development of property formerly owned by the
Anaheim Redevelopment Agency, referred to as Tier One Properties. The agreement is intended
to increase overall revenues to the taxing agencies, including the City, by leveraging land sale
proceeds that would otherwise have gone to the taxing agencies. The terms of the agreement are
summarized as follows: The term would be fifteen (15) years. The City would maintain an
Economic Development Fund whereby all monies deposited into the Fund would be used as an
economic development tool for purposes of land acquisition and disposition, site clearance, public
improvements, and other related economic development activities, in substantially the same
manner as the former Redevelopment Agency. The monies deposited into the fund would allow
the City to acquire properties and/or negotiate with adjacent land owners of Tier Two and Three
Properties, to create larger development sites and thereby enhance long-term revenue
City Council Minutes of November 21, 2017
Page 10 of 12
generation for the taxing agencies. The source of the monies for the Fund would include: all net
proceeds from the sale of Tier One Properties, including money that would have otherwise been
distributed to the taxing entities; all incremental sales tax, transient occupancy tax and property
tax collected for the benefit of Tier One, Two and Three Properties over and above the cost to the
City for providing general municipal services related to these properties; and 50% of the City's
share of Redevelopment Property Tax Trust Fund monies received. It is estimated that the Fund
could generate nearly $100 million at the end of year five that would be available for the City to
effectuate critical development within the former Merged Project Area, including Beach Boulevard
and other public facilities or capital improvements identified as priorities for the community.
Negotiations with three of the major taxing agencies have been underway since City Council
direction to proceed, including the County of Orange, Anaheim Union High School District, and
Placentia-Yorba Linda Unified School District. Together, they represent a substantial share of the
funds to be distributed to the taxing agencies. The negotiations with the County have been
arduous but positive. Another round of comments to the draft agreement was received by the
County approximately one month ago, and a detailed response to issues raised was provided two
weeks ago. The agreement terms were introduced to the two school districts a few months ago
and both seemed willing to proceed, subject to their Board review and approval. In order to obtain
support from the various school districts, staff has discussed the opportunity to consider joint
public use projects that would be of benefit to the districts and the community at large. The
negotiations with the County have enabled the City to resolve definitions and contract language,
which are also necessary for the Agreements with the school districts. Pending resolution of the
last round of issues raised by the County, staff will immediately proceed with final Agreement
negotiations with the remaining taxing entities.
DISCUSSION: Council Member Faessel expressed appreciation with the innovative approach
and asked if the City has met all the legal burdens. Mr. Woodhead reported the City will be
unique but is within the legal parameters in the dissolution law. The State has given the go-
ahead for the City to dispose of its properties and he explained options for the proceeds from the
disposition of the properties.
Council Member Barnes stated she was excited at staffs creativity in developing a program that
will serve to improve the City. She asked for a timeline, so Council can expect when the
agreements will return before Council. In response, Mr. Woodhead stated he will bring
compensation agreements to Council as soon as they are completed and estimated it would
occur in February 2018. In the interim, he has been working with respect to the disposition of
some sites and those monies are being held in a special account. If the compensation
agreements lag, he will bring forward the potential disposition of those properties for
development. After the compensation agreements are considered and approved, he will bring to
Council disposition of properties and acquisition of properties as well as significant expenditures
and revenues out of the fund. Council Member Barnes stated she would like the funds from the
disposition of sites to be used for improvement of those sites (i.e., revitalization and improvement
of Beach Boulevard and West Anaheim). She noted residents of West Anaheim have been
waiting for those improvements for a very long time.
Council Member Murray thanked staff for the update. She stated it would have been helpful to
look at it in the context that this was the second half of a redevelopment program that was
tailored for West Anaheim. She offered her continued help on the project.
Mayor Pro Tem Vanderbilt urged staff and Council colleagues to encourage cooperation between
agencies and voiced his support.
Council Member Moreno voiced his support and thanked staff for their work. He noted there were
different economic programs used in building up the Resort and expressed concerns the City
City Council Minutes of November 21, 2017
Page 11 of 12
gave away $700 million of future tax revenue for the next 20 years and $2 million to car
dealerships to incentivize them. He asked whether the program involved giving future tax
revenues to developers or corporate entities and Mr. Woodhead stated it did not and was simply
creating a fund leveraging money that may go to taxing entities with future revenues to do
development deals and induce development to revitalize specific areas in the City. He added
Council will make future determinations on how to spend restricted funds.
Council Member Murray commented on hotel incentives and noted the City will net $900 million
over 30 years for specific properties and stated the need for quality developments, specifically in
West Anaheim.
MOTION: Council Member Murray moved to receive and file a status update on compensation
agreements with affected taxing agencies, including County of Orange, Anaheim Union High
School District and Placentia-Yorba Linda Unified School District, regarding proceeds from sale of
former Redevelopment properties for future economic development, 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 dais at 8:01 P.M.
REPORT ON CLOSED SESSION ACTIONS: None
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Council Member Murray thanked Council Member Faessel, staff, CityNet, Mercy House, and
residents for the community forum regarding homelessness held November 20th; announced the
31St Annual We Give Thanks event at the Honda Center on Thanksgiving, November 231;
thanked Orin Abrams, Anaheim Hills Golf Course, and Jim Cain, Anaheim Hills Community
Council, for the lunch honoring first responder efforts during the Canyon fire events; requested an
agenda item on December 5th regarding legal authorities and charter provisions regarding the
roles of the mayor and council members; refuted a public comment regarding alleged comments
made at an Anaheim Hills restaurant; and thanked her colleagues and staff for their service to the
public.
Council Member Kring announced her attendance at the first responders luncheon and
encouraged the public to host events at the Anaheim Hills Golf Course; thanked all who attended
and participated in the Veterans Day event; reported her attendance at a fundraiser for Anaheim
Parents Union on November 16th; announced November as Adopt an Older Pet Month; and
wished everyone a happy Thanksgiving.
Council Member Moreno congratulated the inductees to the International Educators Hall of Fame;
reported his participation in the New American Leaders conference in Washington, DC;
announced his attendance at the Hispanic Education Endowment Fund gala, a Balsam
neighborhood meeting, Mayfair neighborhood meeting, and a meeting with the PSB Coalition to
discuss the ACLU report; and thanked the Planning Department for briefings on development
agreements. For future agendas, he requested to receive and file bullet points of the Homeless
Policy Working Group recommendations on December 5th in advance of the full
recommendations/report in January, local campaign disclosures in January, street safety
surrounding schools and parks, and negotiations regarding the Downtown Community Center
open space.
City Council Minutes of November 21, 2017
Page 12 of 12
Council Member Barnes invited all to the annual WAND tree lighting on December 1St, reported
her attendance at a breakfast of kindness event at Baden-Powell School, and thanked Assistant
City Manager Kristine Ridge for her service to Anaheim.
Mayor Pro Tem Vanderbilt thanked his Council colleagues for tickets to recognize long-time City
employees, and announced his attendance at a breakfast at Savanna High School and the Asian
Business Association of Orange County annual event at Disneyland Hotel.
Council Member Faessel thanked Don Vasca for the Anaheim Shores 40tt' Anniversary event;
recognized the International Educators Hall of Fame event; reported his attendance at St.
Anthony Claret's blue mass recognizing police and fire first responders, Ponderosa School's
creative writing awards, and the Chamber of Commerce's business recognition, highlighting
District 5 businesses Applebee's and Reborn Cabinets; announced the opening of Clear
Motivations, a non-profit providing community integration and employment opportunities for
disabled adults; and reported his attendance at the Wildfire Preparedness Community Fair at Fire
Station No. 10 and acknowledged the brush clearance by goats. He acknowledged unique
Anaheim businesses: Kanstul Musical Instruments for domestically produced, brass musical
instruments and ThoroBred, Inc. for horse -racing shoes. For an upcoming agenda, Council
Member Faessel requested an update regarding permit parking and the appointment to the
Orange County Vector Control Board.
Mayor Tait thanked the producers and distributors of "Wonder' for the movie preview, announced
the We Give Thanks event on Thanksgiving, thanked Deputy City Manager Greg Garcia for his
work with a State Department visit to Anaheim to discuss community policing, and requested an
agenda item regarding short-term rentals (STRs) to provide an update and an ordinance for
home -sharing.
ADJOURNMENT:
With no further business before the City Council and without objection, Mayor Tait adjourned the
meeting of November 21, 2017 at 8:23 P.M. in memory of John H. Liekhus.
Respectfully submitted,
Theresa Bass, MC
Acting City Clerk