12/05/2017ANAHEIM CIN COUNCIL REGULAR MEETING
OF DECEMBER 5, 2017
The regular meeting of December 5, 2017 was called to order at 3:08 P.M. in the chamber of
Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and
related materials were duly posted on December 1, 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
3:00 P.M. — WORKSHOP:
Anaheim Performing Arts Center (APAC) Presentation
Deputy City Manager Greg Garcia reported the workshop before Council was to receive an
update from Anaheim Performing Arts Center (APAC) Foundation regarding the establishment of
a state of the art performing arts center in the City of Anaheim. The information presented is
contained in the report submitted by APAC to the City as required by the Exclusive Negotiating
Agreement that was formalized last year. He provided a brief history, stating that in October
2014, City Council directed staff to explore the feasibility of developing a new performing art
center in the City of Anaheim on the current site of the City National Grove. Staff hired a
performing arts consultant to provide a market feasibility analysis to determine the viability of a
new performing art center. The study found the Anaheim area is a strong market for arts
consumption and local support for a new arts center was strong. Additionally, the City adopted a
formal resolution in support of APAC's continued efforts to develop a new performing arts center
and Council approved an exclusive negotiating agreement with APAC, establishing a framework
for continuing to pursue the project, and he deferred to staff for a report.
Convention, Sports & Entertainment Director Tom Morton addressed the negotiating period
noting it is through August 31, 2020, listed deliverables including conducting two charrettes within
the first 180 days, and reported APAC conducted three; the first on April 27 at the Knohl
residence, the second on May 3 at Sunkist Library, and the third on May 10 at the Central Library
with a total of 83 people attending the three charrettes. Another deliverable includes quarterly
reporting and a plan for development within the first 360 days; the latter is the subject of today's
discussion. The next deliverable is to provide evidence of funding in the form of bank statements
or contractually -binding commitments, in the amount of $20 million, by March 1, 2018. He
introduced Dr. Howard Knohl and deferred to him for a presentation.
Dr. Howard Knohl, President, Board of Directors, APAC Foundation, provided a progress report
on the development of a new performing arts center. He reported the Foundation has worked
hard to ensure that input is maximized and thanked volunteers for their efforts. He promised any
benefit received from the new performing arts center will be shared by all community members as
well as surrounding communities. Dr. Knohl addressed steps taken by the Foundation to
accelerate the pace and scope of development, including forming a new Board of Directors, hiring
a staff of four, and opening a new office in Downtown Anaheim. Additionally, the Foundation has
forged relationships with major entities in the City including Visit Anaheim, the Angels, the
Chamber of Commerce, the Anaheim Arts Council, and many non -profits. They continue to
expand outreach and have hired the finest architectural and construction firms in the world to
design and complete the project, Zoltan Construction and SPF Architects, and listed projects they
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have completed. He addressed projects completed by SPF and commented positively on the
firm. Dr. Knohl stated they will have no trouble raising the money necessary to meet the
requirements of the exclusive negotiating agreement and they are ahead of schedule in meeting
those obligations. Additionally, they have met with the Building Trade unions and will create over
1,000 construction jobs with at least half of those jobs going to Anaheim residents and they will
implement programs incorporating the homeless, teaching them the profession and getting them
involved in construction. The company intends to expand, move the project forward, and meet
their obligations. He introduced Architect, Zoltan Pali, and deferred to him for a presentation.
Zoltan Pali, Zoltan Construction, referenced a concept design booklet describing the concept in
detail and a scale model of the initial concept. He addressed the need to understand the City's
history, studying the site history in terms of humans, achievements and physics, and developing a
story scape and a civic campus, breaking down massing, vehicular and pedestrian access,
landscape design elements, programmatic elements, parking, benefits of their parking strategies,
facades, sustainable strategies, phasing strategies, theaters, connections between audiences
and performers, restrooms, flexibility of spaces, and introduced and deferred to Project Manager
Lee Ragus.
Lee Ragus, Project Manager, Zoltan Construction, addressed impacts including economic,
employment, community, and workforce development programs. She reported the company is on
track to complete the comprehensive analysis, due in January, that back into the requirements
outlined for March. She added APAC has secured an executed letter of commitment for $20
million, due in March. In terms of economic impacts, she addressed the Arts and Cultural
Industry noting it generates $135 Billion in economic activity, generates $22 Billion in revenue to
local, state, and federal governments, average spend for performing art attendees is $25 beyond
a ticket, 70% of the financial benefit is driven from the local community, non -local attendees
usually spend more than $25 per person, and California is a leading state in arts and cultural
activity.
In terms of employment impacts from construction activity, she reported PCL has forecasted that
450 to 1,000 construction employees, for the next three -to -five years, will be dedicated to this
effort and will bring 60 vendor employees for the next three -to -five years. Relative to arts and
culture activity, she reported it supports four million jobs, nationwide. California contributes 5% of
the arts and culture industry jobs which is equivalent to approximately 200,000 jobs, APACF
could contribute an equivalent of 1 % of those jobs, translating to approximately 2,000 jobs, and
average compensation per job, in California, in the arts and cultural industry is $109,000,
compared to $72,000 for salaried jobs. Impacts to the community include increased community
participation in performing arts, additional employment for artists to supplement Disneyland,
increased interest to future residents to move to Anaheim, increased interest and options for
tourists, increased business opportunities, contributions to revitalization and/or Anaheim
expansion, forum and space for Anaheim residents and school performances, forum and space
for Anaheim City Council meetings and events, and forum and space for special needs workforce
development programs.
Impacts in terms of proposed programs include after school collaborations, student matinees and
open rehearsals, career pathways and internship opportunities, City Council conference and
meeting capabilities, collaborative partnerships with hoteliers to provide exclusive packages, and
workforce development programs for construction workers, the formerly incarcerated, and the
formerly homeless. Ms. Ragus addressed partner requirements, investor requirements, and
banking requirements and reported related agreements will be executed and presented to
Council in January. She added U.S. Trust will be the trustee to ensure proper management of
the money being solicited for this effort and presented a short video of the project.
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DISCUSSION: Council Member Murray thanked Dr. Knohl, the Foundation, architects, and
designers for the vision and work that has led to this point. She noted supporting the project for
the seven years she has been in office and declared it was thrilling to see it being brought to life.
She thanked City staff who have helped to get to this point.
Council Member Faessel reported Anaheim has reinvented itself many times and all those
reinventions dealt with vision and courage. He addressed the original Disney vision, noted there
are still milestones ahead of the subject project, and he was eager to see those unfold. He
appreciated learning how the concept was developed.
Dr. Knohl stated he and his wife are 40 -year residents of Anaheim and are very proud to see this
project developed to build the finest art center in the world. He added when the center was built,
Anaheim will be on the cultural map, everywhere in the world and thanked Council for its support.
Council Member Kring agreed with her colleagues and reported she has known Dr. Knohl for
many years and commented on his vision in putting all the arts and cultural venues in the City,
under one umbrella. The vision has been reinvented many times, and she looked forward to
seeing it built. She commended him for reaching out to the various schools and for giving under-
served youth the opportunity to pursue their dreams in the industry. She noted support for first
hiring Anaheim workers, the formerly incarcerated, and the homeless.
Dr. Knohl stated the idea behind the center is to elevate everything that is Anaheim, noting
everyone will rise because of it. The project will create high -paying jobs and he commented on
the many talented people in the City and listed groups that have no venues in which to perform.
Mayor Pro Tem Vanderbilt referenced agencies supporting the project and, specifically regarding
the Angels, asked whether they have issued a letter of support.
Mr. Garcia reported there was no letter, but Dr. Knohl has met with them to discuss the project; a
letter is not part of the deliverables of the agreement.
Dr. Knohl confirmed he has a statement of their support, in writing, and have indicated they will
support the project in any way they can. The value of the center will increase surrounding
property values, will make the area more attractive and will bring a significant number of people
into the community.
Mayor Tait stated there is an existing options contract approved by Council last year.
Mr. Garcia added it sets up the parameters and deliverable milestones, in addition to negotiating
a lease agreement, in the future. In response to Mayor Tait's question, he listed upcoming
deliverables including fundraising requirements. If the milestones are not met, the agreement
becomes null and void.
Mayor Tait commented positively on the presentation, especially the architect's consideration of
the history of Anaheim. He asked regarding an estimate of costs and Dr. Knohl reported making
it "the best of the best" will cost approximately $600 million and noted it will not be difficult to
raise. He thanked Council for the opportunity to present and offered to be available to Council, as
needed.
Council Member Moreno thanked Dr. Knohl and his team and noted this project was for the
people of Anaheim. He reported this was not just about economics, but also about human
development of the City. He requested delineating in future presentation, the public benefits and
firm commitments of the project, including access to schools, to drive more people into funding
the project.
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Council Member Murray reiterated that, from the very beginning, Dr. Knohl, his wife, and the
Foundation, emphasized this would be a community asset.
ADDITIONS\DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
CLOSED SESSION: At 4:17 P.M., Mayor Tait recessed to Closed Session for consideration of
the following items:
1. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Designated Representative: Jason Motsick, Acting Human Resources Director and
Avery Associates
Position: City Attorney
2. PUBLIC EMPLOYEE APPOINTMENT
(Government Code Section 54957)
Title: City Attorney
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Daniel Cahill v. City of Anaheim, et al., Orange County Superior Court
Case No. 30-2017-00956143-CU-WT-CJC
At 5:20 P.M., the Council session was reconvened.
INVOCATION: Nathan Zug, Magnolia Baptist Church
FLAG SALUTE: Council Member Stephen Faessel
PRESENTATIONS: Recognizing Acts of Kindness by Public Works Fleet Supervisor Rich
Potter
Mayor Tait recognized Public Works Fleet Supervisor Rich Potter, noting his excellent work for
the City and his passion for classic cars. He reported Mr. Potter volunteers and displays his cars
at various community events. Lauren Laski, Human Resources Department, reported Mr. Potter
has worked in every City shop in Fleet and Facilities Services and commented positively on his
work. She reported a HazMat incident last summer involving a fire, where Mr. Potter took on the
responsibility of fueling the fire trucks. He worked overnight to ensure Firefighters had everything
they needed to fight the fire. He has restored various City classic vehicles to display in parades
and put back into service. She thanked Mr. and Mrs. Potter for their efforts in the City and
community. On behalf of City Council, Mayor Tait presented him with a certificate in recognition
of his work.
Public Works Director Rudy Emami commented on Mr. Potter's work and thanked him for his
efforts.
Recognizing Anaheim Hills Golf Course's designation as a "Certified
Audubon Cooperative Sanctuary"
Mayor Tait recognized Anaheim Hills Golf Course's designation as a "Certified Audubon
Cooperative Sanctuary". He called on Fred Realbuto, Audubon Director of the Green Lodging
Program, Jeff Fagerhaug, BrightView Golf Course Superintendent, and Michael Lautenbach and
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Larry Pasco, City Parks/Golf Division. He commended them for their efforts in establishing an
environmentally -friendly sanctuary at the Anaheim Hills Golf Course.
Fred Realbuto, Audubon Director of the Green Lodging Program, addressed the work of Audubon
International and the certified program involving conservation. He reported both golf courses in
the City had done a stellar job in completing the program, noting sustainability and
environmentalism is a journey. He presented certificates of recognition for completion of the
program.
At 5:35 P.M., Mayor Tait called to order the Anaheim Housing Authority and Anaheim Housing
and Public Improvements Authority (in joint session with the City Council).
ADDITIONS/DELETIONS TO THE AGENDAS:
Acting City Clerk Theresa Bass reported staff requested the continuance of Housing Authority
Item No. 01 and Council Item No. 14 to December 19, 2017 as well as withdrawal of Item No. 11
to be brought back later.
Council Member Murray requested Item No. 26 be postponed until early 2018.
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 passage from the Bible and
commented on Disney and Disney animation.
Daniel DeMeyere alleged Council has failed to take care of problems in his neighborhood and
reported he is building a house in Palm Springs. He expressed concerns regarding graffiti,
defecation, and urination, and reported there are 23 baskets with "junk" near the railroad tracks
and the City has refused to remove them. He reported he is trying to sell his house in Anaheim
but is having trouble because of the condition of the neighborhood. Additionally, he indicated
receiving a letter from the City's Public Works Department accusing him of violations to the City,
for parking vehicles on his lawn. He alleged when he called the city to inform them the wronig
address was cited, staff got upset and hung up on him. He recommended the representative be
removed or trained to do investigative work, urged Council to enforce City codes, and commented
on parking at the Islamic Center being overpopulated and the City's request for a neighbor to
compensate for parking.
Colin Womer, Drug Free Anaheim, explained the program where addicts can visit any Police
Station and request help for their addictions. He reported they have 209 program participants.
He added many of the Anaheim Police Officers he has worked with have gone above and beyond
to help those who have reached out for help.
Council Member Moreno asked whether there is a connection between the
program and housing services for the homeless.
Mr. Womer explained the intake and care protocol, noting the program follows a continuum of
care and most participants are treated and go into sober -living housing situations.
Council Member Kring asked regarding program follow-ups.
Mr. Womer reported he follows up after a week of participants being in the program, as well as in
30 -day and 60 -day intervals. He added he loses around 10% to relapse.
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Council Member Murray asked about his funding sources.
Mr. Womer stated he uses any funding sources he can find and much of it is scholarship -based.
He added there was a collaboration of about 350 different treatment providers throughout Orange
County, as well as County resources.
R. Joshua Collins, Homeless Advocates for Christ, expressed concerns regarding a lack of grace
towards the homeless. He alleged pride, criminalization, and bigotry against the homeless, and
encouraged Council to eliminate some of the laws against homelessness and practice kindness.
Mr. Collins noted providing services for the homeless will be less costly than criminalizing them.
Mark Richard Daniels urged Council to implement a citizen's police commission to act on behalf
of Anaheim citizens in cases where brutal force is used. He reported Vincent Valenzuela's family
was in attendance and the Orange County Coroner's office has ruled his death a homicide, but
District Attorney Tony Rackauckas did not find any problem with it. He opined Mr. Rackauckas's
reign as District Attorney must end,and reiterated his request for a police commission, made up of
citizens, because it was the right thing to do.
William Fitzgerald, Home Owners Maintaining Our Environment, referenced comments made
during the last City Council meeting regarding the actions of Council and the Police Department
and regarding police discipline and campaign contributions. He stated Federal Courts have
ordered the people of Anaheim to pay $2.2 million to Manual Diaz's family and their attorneys.
He addressed the released video of an officer -involved incident with a man at a laundromat and
opined Council Members have continued to allow several dangerous policies to continue. He
announced a ceremony, on December 21, 2017, for the estimated 200+ homeless people who
have died in Orange County this year.
Adam Wood, BIA/OC, spoke about his organization and commented on Item No. 22. He stated
by abandoning existing standards, the City's proposed code changes could add up to $90 million
in housing costs to the Platinum Triangle. He noted amendments, such as this, directly shape the
affordability conservation surrounding housing, as increased parking requirements for single-
family homes and other code alterations will make housing more expensive. He urged Council to
remove the parking amendment for further study. In relation to the Homelessness Taskforce, he
referenced the Housing Futures Initiative and urged Council to continue its use as a guide. He
noted there were no homebuilders involved in the Homelessness Taskforce and suggested
Council keep that in mind as it seeks continued funding streams for the Housing First model. He
looked forward to working with Council on this matter.
In response to Council Member Kring's inquiry, he noted the item was listed in the Consent
Calendar and contained various amendments to the code.
Marie Cofinco, aunt of Vincent Valenzuela, Jr., reported the body camera video was released last
week and was very disturbing. She played recorded messages from the incident and stated her
nephew was taken to the hospital but had already died. She alleged the Police murdered him
and will continue killing innocent people if something was not done.
Mayor Tait expressed his condolences and stated he wished he could do
something to ease her pain.
Mayor Tait called for a brief recess at 6:13 P.M. The meeting was reconvened at 6:24 P.M. with
all Council Members present.
Dolores Navarro expressed concerns regarding the lack of crosswalks near Sunkist, Miraloma,
and State College, noted there was very poor lighting and visibility, and urged Council to consider
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installing crosswalks as soon as possible to avoid tragedies. She offered her help in expediting
the matter.
John Dunton encouraged the public to donate to charitable organizations that help children in the
City, including Cops 4 Kids, the Boys and Girls Club, and Anaheim Fire and Rescue. He thanked
residents for stepping up to make their communities better. He noted many people comment, but
do not act, and encouraged them to give of themselves to help the City. Additionally, he urged
Council to give Officer Julian Harvey a chance and suggested asking him for a status report, early
next year, to see what changes have been made or are needed. He spoke in support of working
together and recommended additional programs on Center Street for children during the summer.
He reported his company as preparing flower bouquets for City employees and encouraged
everyone to give back to the community.
Duane Roberts referenced Item No. 29, thanked Lylyana Bogdanovich in the City Manager's
office for her help, and commented positively on the City incorporating some of the best features
of the old board into the new model. He expressed concerns regarding some of the proposed
changes, including that members of the new board will not be able to see confidential police
personnel records in closed session. He noted it as unclear as to any documents the board
would be able to review. He wondered whose jurisdiction the board would be under and
commented on discussions relative to a Brown Act board versus a non -Brown Act board. He
opined Council should seek outside legal opinion on this matter before making a final decision.
Leon Cisneros expressed concerns regarding under -represented, neglected people in the
community. He reported he lives in a gang injunction area and the police see young Latinos as
dangerous and threatening. He reported recently learning he was in a gang database, even
though he is a model citizen, currently working on his Master's Degree. He urged Council to put
money into prevention and intervention and invest in the City's youth. He spoke about holding
police accountable for their actions.
Renee B. spoke about Vincent Valenzuela and the police video and hoped everyone has had a
chance to watch it. She opined trained officers could have detained him without injury and
reported Mr. Valenzuela was not armed, was homeless, and was struggling with a drug problem.
She stated tazing him in the upper torso and placing him in a chokehold was against policy and
unacceptable. She stressed the need for accountability in the Anaheim Police Department.
Wes Jones spoke positively on the work of Mr. Womer and Drug Free Anaheim and urged
Council to expand funding for the program. He commented on the possibility of linking services
to homeless people, upon discharge, and on promoting the program. He addressed the Mercy
House contract, reported numbers have increased but go up and down all the time, and spoke in
support of the Fullerton Armory. He referenced a request for $100,000 for the Home Safe
program but noted it did not specify how the money would be used.
Susan Morgan, RV Storage, reported she resides by an old, unpermitted structure, which was
being torn down and the fiberglass insulation was all over the area and exposed to outside
elements. The structure is located at 4412 E. La Palma Avenue, and the debris gets on all the
stored vehicles. The workers did not have masks and Ms. Morgan felt it was a public safety
concern and urged Council to follow up on the matter.
Rosaisela Lopez spoke about the urgency of having a civilian police oversight board that will have
adequate jurisdiction and authority to investigate and review complaints and have access to files
and records. She stated civilian oversight involves transparency and will serve to hold the police,
accountable; it will promote public safety and improve trust between residents and police.
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Jennifer Rojas, ACLU of Southern California, distributed copies of their recently -released report
on the Anaheim Police Department and listed requirements for civilian oversight, stating recent
reforms to the City and Police Department were insufficient to address the high rate of officer -
involved deaths. She stated the previous Public Safety Board suffered from a lack of
independence and authority to initiate investigations and reviews of critical incidences and
complaints, a lack of access to police records to conduct sufficient reviews of critical incidents,
and a lack of power to issue policy recommendations and implement those policy changes. She
stated the new Public Safety Board will suffer the same failures unless the following are
implemented: The body should have enforceable and unfettered access to police records, it
should have independence from the Police Department and other City structures, it should have
adequate jurisdiction and authority to conduct independent investigations or reviews, it must have
access to and cooperation with the Police Department, it should have adequate staffing and
funding, and it should have public reporting, transparency, and community engagement. She
noted members of the Anaheim Police Department and the Officers Union have questioned the
ACLU's analysis and conclusions, and stated none of the criticisms have altered the conclusion
that Anaheim has a persistently high rate of killings, and they have not been addressed by
reforms. She added Anaheim was the sixth most deadly large department, per capita, in 2016.
She hoped Council will do what is right for the City.
Kenneth Batiste spoke regarding the City's homeless problem getting out of control and growing.
He referenced police killings and opined the Public Safety Board needed to have increased
authority and will help in making residents trust Council and the Anaheim Police Department. He
commented on the need for diplomacy in dealing with the homeless and opined the decisions
Council makes puts Police Officers in precarious situations. He reported starting an organization,
Represent.us, which is all about having measures against political corruption.
"The Cameraman" noted he was disturbed by the comments of Marie Cofinco and listening to the
recording of the police incident where Mr. Valenzuela died. He addressed the response to the
incident by Council and the Police Department and listed the names of Police Officers with
alleged anger issues and referenced a case where an officer attempted to enter a lady's house
and broke her arm, as well as other incidents of police brutality.
Dr. Patricia Adelekan thanked Council for its support of the Educators' Hall of Fame. She
expressed concern regarding Ms. Cofinco's comments and stressed the need for change. She
reported the Mayor of Costa Mesa has approved mobile bathrooms for the homeless, noting
Anaheim could do the same.
Lou Noble reported he distributed a report from the National Law Center on homelessness at a
recent Board of Supervisors meeting. He stated the report outlined violations of human rights of
persons experiencing homelessness as well as discrimination. He spoke in support of placing
portable restrooms for use by the homeless and against criminalizing the homeless.
Joese Hernandez, OCCORD, spoke in support of a civilian police oversight board that is
trustworthy, accountable, transparent, and with authority to do investigations. He noted many
people were moved to tears listening to Marie Cofinco's comments, stressed there was a problem
that needed to be addressed, and stated the City can do better and people deserve better. He
stated many children are growing up afraid of the police and urged Council to back up the City of
Kindness with action.
Erik Garcia spoke in support of a strong, civilian police oversight board to have tangible
accountability. He reported 88% of Anaheim Police Officers have not been involved in officer -
related deaths, but cases in which lives are taken should be taken very seriously. He stated
Council has a responsibility to the City's residents and noted investigative experience was not
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necessary to hold people accountable. He acknowledged steps taken by the City to change, but
felt more was needed to ensure incidents of police brutality decrease.
Patty Gonzalez, Vincent Valenzuela's former wife and mother of his children, and Ruby Ponce
came forward to the podium and Ms. Gonzalez addressed the Police response to the incident and
their communications with her. She believed officers could have saved Mr. Valenzuela's life and
demanded justice and accountability. She referenced another officer -involved shooting and
blamed the Police Department for leaving 12 children fatherless.
Mike Robbins spoke against the criminalization of the homeless and the lack of restrooms, water,
and food, noting homeless persons die every day. He listed various crime statistics in the City
and County and opined the police should not be chasing homeless people, but should be dealing
with real crime and services for the homeless should not be restricted.
Julio Castaneda, Army and Air Force veteran and graduate of the Police Academy,
acknowledged the police have a difficult job, and distinguished between the letter of the law and
spirit of the law. He opined the spirit of the law was not used or included in policy and
commented on the failure of the previous Public Safety Board. He felt the new board will not
change because they will not have access to police records or investigatory documents.
Ryan Balius referenced Item No. 20, noting he has contacted City staff on several occasions in
the hopes of getting the overhead electrical lines next to his house placed underground. He was
told the City would not do that because the lines were shared with Southern California Edison.
He reported making it his mission to get the lines underground. He contacted the City again, and
a representative told him the lines could be placed underground, but could not tell him when.
Today, Council was about to authorize what he was told the City would not do. He noted 30% of
the lines will not be placed underground and felt if the City was going to invest money into doing
so, it should be done right the first time. Additionally, since Anaheim Power will be borrowing
from the underground conversion fund, he opined the public should know the specifics on the
timeline and how the fund will be paid back before the item was approved. He asked that
Council, if it approves the item tonight, do so with additional direction to staff to include all lines on
Ball to be undergrounded at the same time.
Bob Donelson expressed his understanding that Council Member Kring appointed someone
outside of District 4 to the Planning Commission. He felt that was not acceptable and stated
people of every City district should be represented. He referenced Item No. 22 suggesting
studios and one -bedroom housing should be increased to two parking spaces, two-bedroom
housing should be increased to three and a half, three -bedrooms to four, and four -bedrooms to
four, with additional parking per bedroom over four. Relative to Item No. 24, he asked Council
not to nominate or elect Council Members Murray, Kring, or Faessel as Mayor Pro Tem, as he
does not believe they represent all the residents of Anaheim.
Council Member Kring reported Council Members had the option of appointing
people from their districts or outside their districts and no one in her district had
experience so she appointed someone with experience, who was doing a great
job.
David Duran asked Council to consider the future of Anaheim and their responsibilities. He failed
to understand how there could be any opposition in wanting something to run fairly, ethically and
for the good of the people. He urged Council to provide transparency, subpoena power, and
enforcement capabilities to the Public Safety Board.
Jeanine Robbins reported speaking before the United Nations Special Rapporteur on the
criminalization of the poor and homeless population; Orange County was one of the examples,
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with Anaheim being one of the cities profiled. She noted criminalization did not allow for
consistent interaction with law enforcement and Anaheim was on the radar of the United Nations
for criminalization of the poor. She referenced the Mercy House Check-in Center and reported
the operating hours were reduced, as of yesterday, without Council discussion and out of public
view. She stated no one took into consideration seasonal trends, noting use slows down in the
summer months and increases in the winter months, but this was ignored or hidden by staff. The
number of people using the Center has increased, exponentially, as verified by Mercy House and
service providers. She wondered if the hours and services were cut to fund Operation Home
Safe, and if so, felt that the City was penalizing people who were accessing a proven program, to
fund an unproven program. She stated the City claimed the money being requested for the
Operation Home Safe program will be used for triage day, but service providers told her they
would not charge for being at a triage day. She wondered what the money will be used for and
whether it was taken from Mercy House.
Shaun Dove listed cities (including Anaheim) that have the same population as Anaheim that
have the greatest crime rates in California, per capita. He spoke in support of Chief Harvey for
being proactive and not reactionary in his approach to fighting crime. He commented positively
on Operation Home Safe and commended Council for its work.
Bryan Kaye presented awards to the people in the Chamber who he believed had done what they
said they would do, including Renee B., William Fitzgerald, Lou Noble, Mark Daniels, and The
Cameraman.
In response to Mayor Pro Tem Vanderbilt's question, Acting City Attorney Pelletier
reported the public is supposed to address Council and not other members of the public.
Mr. Kaye continued giving awards to Mike Robbins, Wes Jones, Joshua Collins, Yesenia Rojas,
Jeanine Robbins, Duane Roberts, Vern Nelson, city staff members, and Council Members.
Lisa Lewis described her connections to Police Officers and Firefighters as those with extremely
difficult jobs who do them to the best of their abilities every day, but that some do not get to go
home when they die in the line of duty. She alleged the mainstream media are anti -police and
highlight only parts of incidents. She opined that putting together a new and expanded Public
Safety Board was a poor idea because the public was not trained in law enforcement and
suggested the board be made up of former Police Officers who understand and were properly
trained and experienced. She spoke in support of the Anaheim Police Department and urged
Council to support the Anaheim Police Department.
Council Member Murray spoke against heckling those who comment and noted
the public does not have the right to interrupt or stop residents from speaking.
Mayor Tait urged the public to respect speakers and the process.
A male speaker commented on differences of opinion and acknowledged there were good
officers doing a good job but there are some that are not. He expressed frustration that nothing
was being done to address important issues and stated many people do not have a voice or are
not being heard. He spoke against divisiveness and blaming and encouraged everyone to work
together to help the community.
Pat Davis commented on issues that concern her including the Police Review Board and how
Anaheim treats the homeless. She reported reading the staff report and stated she still has
concerns that the board will have "no teeth". If the board has no access to personnel records,
police reports, and other public records, the ability to change the City and build trust in the
community will not happen, in her opinion. She noted the need for transparency and
accountability to move forward. In terms of the homeless, she expressed concerns with the
City Council Minutes of December 5, 2017
Page 11 of 36
decrease in operating hours for Mercy House, changes in transportation to the armory, limiting
access along Rampart to provide services to the homeless, continuing criminalization, and
harassing the creative approach to provide showers and toilets to those living on the riverbed.
She spoke in support of identifying resources to be used in Operation Home Safe and reported
attending the United Nations Special Rapporteur where she felt ashamed that Anaheim was such
a poor example of how to serve the homeless.
Luis Ybarra expressed concerns with the homeless stealing packages in his neighborhood. He
stated he has not seen many homeless people expressing their concerns before Council, and
noted people with differing opinions were afraid to speak up because of fear of heckling or
retributions. He reported he has been homeless and addicted, but he made a choice to change.
The homeless have a choice to receive services or stay homeless and he reported the problem
was growing and getting worse. He stated the City must stop enabling them and stop asking
residents to "suck it up".
Cynthia Ward agreed with Council Member Murray's comments and stated the City has worked
hard to ensure the public's voices are heard. She spoke about Anaheim being the City of
Kindness and suggested every policy and every City department be reviewed for its adherence to
the principles of kindness. She addressed the homeless and noted homeowners need to be
considered, as they pay mortgages for the privilege of living in Anaheim. She thanked Council
Member Murray for removing her item so that other items could be heard and suggested that all
items, not absolutely required to keep the City operating, be saved until after the City has
engaged professional help to remove emotional triggers and craft a strategic plan for Anaheim.
She continued that Council must agree on a vision to create for staff to implement to encourage
the best and brightest to step up into vacancies; offering those positions to those who share
residents' values for a more transparent and tax-payer centric government. She urged Council to
retain Mayor Pro Tem Vanderbilt in his position and commented on his qualities.
Donna Acevedo-Nelson reported she has been asking for police oversight since before her son
Joey was killed on July 22, 2012. She stated Vincent Valenzuela and others would probably still
be alive if there had been real police oversight in the City. She hoped Council will implement a
police oversight board that will have access to records and hold the Anaheim Police Department
accountable.
David Bartash announced an event for Catarina's Club, on Friday, December 8th at Christ
Cathedral, and thanked the City, various churches, and Assembly Member Tom Daly for offering
collection centers for Katarina's Club. He urged the public to consider giving to the organization.
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Council Member Faessel requested future recognitions of the retirement of Rusty Kennedy, OC
Human Relations, and Kristine Ridge's 20 years of service to Anaheim and for the meeting to be
adjourned in memory of Lillian Roberts.
Mayor Pro Tem Vanderbilt requested consideration of Item No. 29 immediately following the
Consent Calendar as well as continuance of Item No. 24 and the appointments to the Anaheim
Union High School District Foundation within Item No. 25. He requested an agenda item on
December 19th to modify the Council Handbook and other policies to provide for annual rotation
of the Mayor Pro Tem appointment and language to address using as a title of endorsement.
Council Member Murray requested Ballet Folklorico be invited to perform at the December 19th
meeting and a recognition of their fifth anniversary.
CITY MANAGER'S UPDATE: None
City Council Minutes of December 5, 2017
Page 12 of 36
At 8:04 P.M., Mayor Tait recessed the Anaheim Housing and Public Improvements Authority and
City Council to address the Housing Authority agenda and reconvened the City Council at
8:05 P.M. in joint session with Anaheim Housing and Public Improvements Authority.
HOUSING AND PUBLIC IMPROVEMENTS AUTHORITY/ CITY COUNCIL
END OF CONSENT CALENDAR:
4. Consider a resolution of the Housing and Public Improvements Authority and a resolution
6137.1 of the City Council, each separately, authorizing the issuance of Revenue Refunding
Bonds, Series 2017-A (Electric Utility Distribution System Refunding) and 2017-B (Electric
Utility Distribution System Refunding), in the aggregate principal amount not to exceed
$275,000,000, with the City Council adopting a Debt Policy mandated by Senate Bill 1029;
and a separate Council resolution authorizing the approval and delivery of a Remarketing
Statement for the Revenue Bonds, Series 2015-A (City of Anaheim Electric System
Distribution Facilities) (Second Lien Qualified Obligations) of the California Municipal
Finance Authority, in the amount of $50,000,000.
Housing and Public Improvements Authority Action:
4-A. RESOLUTION NO. AHPIA 2017-003 A RESOLUTION OF THE BOARD
OF DIRECTORS OF THE ANAHEIM HOUSING AND PUBLIC IMPROVEMENTS
AUTHORITY, (i) authorizing the issuance of not to exceed $275,000,000
aggregate principal amount of Revenue Refunding Bonds, Series 2017-A (Electric
Utility Distribution System Refunding) and Revenue Refunding Bonds, Series
2017-B (Electric Utility Distribution System Refunding) of said Authority; (ii)
approving the forms and authorizing the execution of an Indenture of Trust, an
Installment Purchase Agreement, a Purchase Contract and other related
documents; (iii) approving the execution and delivery of an Official Statement; and
(iv) approving certain actions in connection therewith.
City Council Action:
4-B. RESOLUTION NO. 2017-166 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM (i) approving the issuance of not to exceed
$275,000,000 aggregate principal amount of Revenue Refunding Bonds, Series
2017-A (Electric Utility Distribution System Refunding) and Revenue Refunding
Bonds, Series 2017-B (Electric Utility Distribution System Refunding) of the
Anaheim Housing and Public Improvements Authority; (ii) approving the forms and
authorizing the execution of an Installment Purchase Agreement, an Indenture of
Trust, Escrow Agreements, a Continuing Disclosure Agreement, a Purchase
Contract and other related documents; (iii) approving the delivery of an Official
Statement; and (iv) approving certain actions in connection therewith, including the
adoption of a Debt Policy.
RESOLUTION NO. 2017-167 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM (i) approving the form and authorizing the execution
and delivery of a Remarketing Statement for the Revenue Bonds, Series 2015-A
City Council Minutes of December 5, 2017
Page 13 of 36
(City of Anaheim Electric System Distribution Facilities) (Second Lien Qualified
Obligations) of the California Municipal Finance Authority; and (ii) approving
certain actions in connection therewith.
Prior to presenting Item No. 04, Dukku Lee, Public Utilities General Manager, updated Council
regarding an earlier public comment about street lighting on La Palma Avenue between Sunkist
Street and State College Blvd., stating based on the email forwarded by Council Member
Faessel, staff had reviewed the area and would be improving to LED streetlights within the next
two weeks.
Mr. Lee then presented the item as an opportunity to take advantage of very low interest rates by:
1) refinancing existing electric bonds to provide up to $24 million in interest savings; and 2) re-
marketing $50 million in existing bonds with an adjustable rate component for another three-year
term for very low interest rates, noting there was no new money associated with these requests.
He further explained a new legislative requirement, via Senate Bill 1029, that mandated all cities
and localities that issued debt to have a formal debt policy that discussed the purposes of the
debt issued by the city, the types of debt the city issued, and the relationship of debt issuances
with the city's capital improvement plan, to provide greater transparency by allowing the state to
track bonds issued by public agencies.
Brian Beelner, Finance and Administration Assistant General Manager, explained a variety of
funding mechanisms were used to pay for required investments in capital improvements to
provide electricity and water to the city's customers, one of which was the issuance of low-
interest, municipal, tax-exempt debt, which allowed for generational equity of customers paying
their proportional share for use of the infrastructure over time. He continued that staff requested
approval of two items: 1) to issue fixed-rate electric bonds, in an amount not -to -exceed $275
million, to refinance existing more -expensive debt, with a shortening of the bonds' term by
approximately four years and a reduced interest rate from approximately 4.72% to 3.2%, resulting
in up to $24 million in savings; and 2) to re-market/re-issue a $50 million floating-rate note,
previously approved by City Council in March 2015. Mr. Beelner further explained this note was a
variable-rate instrument with rates that increased or decreased weekly with the market and would
become due on 4/1/2018, but staff recommended re -marketing the note for another three-year
term due to interest rates of approximately 1.5%, which was about two- to three -times lower than
fixed rate bonds. By issuing floating rate notes, he stated, the city could take advantage of these
incredibly low interest rates and use the savings to pay off more -expensive debt faster, thereby
continuing to strengthen the balance sheet, as done in 2015. He cited approximately $4.4 million
in interest savings over the past 2 %2 years by using the variable rate note instead of issuing fixed
rate bonds. He further explained the $50 million note was less than 10% of the Public Utilities
Department's current portfolio, more conservative than other utilities with variable-rate notes up to
75% of their portfolios. In summary, Mr. Beelner reiterated the requested actions were to
refinance older, more -expensive fixed-rate bonds, projected to save up to $24 million over their
remaining life, and re -market the Utilities' only variable-rate debt, with anticipated additional
savings beyond the $4.4 million already earned, in order to take advantage of the current market
and save money on current debt for the benefit of the city's customers.
DISCUSSION: Mayor Pro Tem Vanderbilt questioned if more money was being borrowed or
extended, to which Mr. Lee responded that no additional money was being borrowed but existing
debt would be reissued at lower interest rates (3.2% vs. 4.7%) to save approximately $24 million
over the life of bonds. Mr. Beelner added the term of the bonds would also be shortened from
2041 to 2036 or 2037.
City Council Minutes of December 5, 2017
Page 14 of 36
In response to Mayor Tait, Mr. Beelner confirmed there were no changes from a fixed-rate to a
variable-rate, but two separate actions with the fixed-rate bonds receiving a lower, fixed interest
rate and the variable-rate bond being rolled over for another three-year term to take advantage of
the low rate. Mr. Lee stated staff would closely monitor the variable-rate note, and if interest rates
rose significantly, staff would return to Council to recommend changing to fixed-rate. Mr. Beelner
explained the risk to the portfolio remained the same, but cash reserves would generate
increased interest income if interest rates rose to offset associated costs on the $50 million
floating-rate note, with a return to Council to fix rates and eliminate interest rate risk if needed.
Housing and Public Improvements Authority Action:
MOTION: Authority Member Murray moved to approve RESOLUTION NO. AHPIA 2017-
003 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ANAHEIM HOUSING AND
PUBLIC IMPROVEMENTS AUTHORITY, (i) authorizing the issuance of not to exceed
$275,000,000 aggregate principal amount of Revenue Refunding Bonds, Series 2017-A (Electric
Utility Distribution System Refunding) and Revenue Refunding Bonds, Series 2017-B (Electric
Utility Distribution System Refunding) of said Authority; (ii) approving the forms and authorizing
the execution of an Indenture of Trust, an Installment Purchase Agreement, a Purchase Contract
and other related documents; (iii) approving the execution and delivery of an Official Statement;
and (iv) approving certain actions in connection therewith, seconded by Authority Member
Moreno. ROLL CALL VOTE: AYES — 7: (Chairman Tait and Authority Members Vanderbilt,
Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. ABSTAIN — 0. Motion carried.
City Council Action:
MOTION: Council Member Murray moved to approve RESOLUTION NO. 2017-166 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) approving the issuance
of not to exceed $275,000,000 aggregate principal amount of Revenue Refunding Bonds, Series
2017-A (Electric Utility Distribution System Refunding) and Revenue Refunding Bonds, Series
2017-B (Electric Utility Distribution System Refunding) of the Anaheim Housing and Public
Improvements Authority; (ii) approving the forms and authorizing the execution of an Installment
Purchase Agreement, an Indenture of Trust, Escrow Agreements, a Continuing Disclosure
Agreement, a Purchase Contract and other related documents; (iii) approving the delivery of an
Official Statement; and (iv) approving certain actions in connection therewith, including the
adoption of a Debt Policy; and RESOLUTION NO. 2017-167 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ANAHEIM (i) approving the form and authorizing the execution
and delivery of a Remarketing Statement for the Revenue Bonds, Series 2015-A (City of Anaheim
Electric System Distribution Facilities) (Second Lien Qualified Obligations) of the California
Municipal Finance Authority; and (ii) approving certain actions in connection therewith, seconded
by Council Member Moreno. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members:
Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. ABSTAIN — 0. Motion
carried.
At 8:17 P.M., Mayor Tait adjourned the Anaheim Housing and Public Improvements Authority.
CONSENT CALENDAR: At 8:17 P.M., the Consent Calendar was considered with Council
Member Moreno pulling Item No. 08 and Council Member Kring pulling Item No. 22 for separate
discussion. Mayor Tait declared a potential conflict with Items No. 17, 19, and 20, as his firm
does business with the subject entities.
City Council Minutes of December 5, 2017
Page 15 of 36
MOTION: Council Member Faessel moved to waive reading in full of all ordinances and
resolutions and to adopt the balance of the consent calendar as presented, in accordance with
reports, certifications and recommendations furnished each City Council Member and as listed on
the consent calendar, seconded by Council Member Kring. ROLL CALL VOTE: AYES — 7:
(Mayor Tait and Council Members: Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel).
NOES — 0. ABSTAIN — 0. Motion carried.
8105 5. Receive and file Library Board report regarding condition of libraries dated November 13,
2017 and minutes of the Library Board meeting of August 14, 2017, Cultural and Heritage
Commission meetings of September 21, 2017 and October 19, 2017 and Public Utilities
Board meeting of October 25, 2017.
D116 6. Approve a recognition recognizing National Homeless Person Memorial Day.
D117 7. Approve the Investment Portfolio Report for October 2017.
D175 9• Determine that the West Street and Citron Street Sidewalk Gap Closure Project is
categorically exempt from the California Environmental Quality Act pursuant to Title 14,
Section 15301 of the California Code of Regulations.
AGR- 10. Award the construction contract to the lowest responsible bidder, T.E. Roberts, Inc. in the
10862 amount of $547,300, for Rehabilitation and Upgrade to Pressure Regulating Stations No.
4 and 6, authorize the Finance Director to execute the Escrow Agreement pertaining to
contract retentions, and determine that the project is categorically exempt from California
Environmental Quality Act pursuant to Sections 15301(b) and 15302(c) of Title 14 of the
California Code of Regulations.
11. Approve a License Agreement with the County of Orange to authorize the use of
designated office and programming space at the newly constructed Ponderosa Park
Family Resource Center located at 320 E. Orangewood Avenue for a term of five years.
Item No. 11 was withdrawn by staff.
AGR- 12. Approve a License Agreement with Dayle McIntosh Center for the use of the Anaheim
10863 Accessibility Center located at 100 S. Atchison Street to provide therapeutic literacy and
independent living skills and learning programs for adults with disabilities for a term of five
years with the option to extend for no more than five additional one-year terms under the
same initial terms and conditions, authorize the Director of Community Services, or his
designee, to take all actions related to the agreement and exercise the renewal options.
AGR- 13. Approve the All-inclusive Agreement for Acquisition with First Congregational Church of
10864 Anaheim, in the acquisition payment of $463,271, for a portion of real property located at
515 North State College Boulevard for a permanent public roadway easement and a
public utility easement for the State College Boulevard/La Palma Avenue Intersection
Improvement Project (R/W ACQ 2015-00559).
City Council Minutes of December 5, 2017
Page 16 of 36
D180 14. Authorize the Purchasing Agent to award the bid to the lowest responsive and responsible
A123 bidder, in an estimated amount not to exceed $990,000 plus up to a 20% contingency for
unforeseen conditions, for the remodel of the second floor of the Anaheim West Tower
(AWT) for Bid #9054 due on December 12, 2017, and authorize the issuance of the
necessary purchase order agreement(s); waive sealed bid requirement of Council Policy
4.0 and authorize the Purchasing Agent to issue a purchase order to Corporate Spaces,
Inc. dba CSI Fullmer, in an estimated amount not to exceed $385,000 plus applicable
taxes, for the purchase and installation of furniture for use throughout the AWT second
floor spaces, based on best available pricing from the California Multiple Award Schedule
and other recognized Cooperative Purchasing agreements as necessary; waive sealed
bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a
purchase order to Corporate Spaces, Inc. dba CSI Fullmer, in an estimated amount not to
exceed $93,000 plus applicable taxes, for the purchase of finish materials for use on the
furniture throughout the AWT second floor spaces; and approve and authorize the
Director of the Community and Economic Development to execute and administer the
Cooperation Agreement (Anaheim West Tower Remodel) with the Anaheim Housing
Authority transferring funds from the Housing Choice Voucher Administrative Fee
Reserve, in an amount not to exceed $500,000, and funds from the General Housing
Authority Reserve, in an amount not to exceed $700,000, for the purpose of paying for the
Purchasing Agent's actions as requested above (related to Housing Authority Item No.
01).
Item No. 14 was continued to December 19, 2017.
P124 15. RESOLUTION NO. 2017-168 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real
properties or interests therein (City Deed Nos. 12152 and 12153) (515 North State
College Boulevard; State College Boulevard/La Palma Avenue Intersection Improvement
Project).
D175 16. RESOLUTION NO. 2017-169 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM dedicating certain city -owned property for public street and utility
purposes (131 West Katella Avenue; APN 082-432-14).
Pilo 17. RESOLUTION NO. 2017-170 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM vacating easement for public utility and public purposes pursuant to
California Streets and Highway Code Section 8330, et seq. - Summary Vacation
(ABA2017-00359) (1110-1150 North Anaheim Boulevard and 115-125 West La Palma
Avenue).
Due to a potential conflict of interest, Mayor Tait abstained on Item No. 17: ROLL CALL VOTE:
AYES -6 (Mayor Pro Tem Vanderbilt and Council Members Murray, Barnes, Moreno, Kring, and
Faesse/). NOES -0. ABSTENTION -1 (Mayor Tait). Motion carried.
D175 18. RESOLUTION NO. 2017-171 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adopting the Measure M2 Expenditure Report and authorizing the
City of Anaheim Finance Director to sign and submit the expenditure report to the Orange
County Transportation Authority on behalf of the City of Anaheim.
City Council Minutes of December 5, 2017
Page 17 of 36
T107 19. RESOLUTION NO. 2017-172 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM forming Underground District No. 65 (Santa Ana Canyon/Royal Oak)
and determining said action is exempt from the California Environmental Quality Act
pursuant to Sections 15302(d) and 15303 of Title 14 of the California Code of
Regulations.
Due to a potential conflict of interest, Mayor Tait abstained on Item No. 19: 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.
T107 20. RESOLUTION NO. 2017-173 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM forming Underground District No. 66 (Beach) and determining said
action is exempt from the California Environmental Quality Act pursuant to Sections
15302(d) and 15303 of Title 14 of the California Code of Regulations.
Authorize the Public Utilities General Manager, or designee, to approve and deliver a
Letter of Intent to notify Southern California Edison (SCE) of the City's intent to
underground SCE's overhead 12,000 Volt facilities within the District and pay for and
jointly undertake related engineering and design plans; pay an advance, in the amount of
$40,000, to reimburse SCE for preliminary engineering and design plan costs related to
undergrounding of SCE's facilities within the District; and to approve any related
documents and take the necessary actions to implement and administer the Letter of
Intent.
Due to a potential conflict of interest, Mayor Tait abstained on Item No. 20: 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.
C280 21. ORDINANCE NO. 6424 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of
the Anaheim Municipal Code relating to zoning (Reclassification No. 2017-00307;
DEV2017-00048) (645 South Magnolia Avenue; rezoning from "T" Transition zone to "RS -
3" Single -Family Residential zone).
D114 23. Approve minutes of the City Council meeting of March 7, 2017.
END OF CONSENT CALENDAR:
AGR- g Determine, based on the evidence submitted by Walt Disney Parks and Resorts U.S.,
1516
Inc., that the property owner has complied in good faith with the terms and conditions of
Development Agreement No. 96-01 for the 2016-2017 review period for the Disneyland
Resort project.
Council Member Barnes declared a potential conflict and left the dais at 8:22 P.M.
City Council Minutes of December 5, 2017
Page 18 of 36
Planning and Building Director David Belmer introduced Susan Kim, Acting Planning Services
Manager, and Elaine Thienprasiddhi, Senior Planner, and introduced the annual review of a
development agreement between Anaheim and Walt Disney Parks and Resorts. He provided a
brief history of the development agreement reporting that in October 1996, the City entered into a
Development Agreement with Walt Disney Parks and Resorts. The agreement has a 40 -year
term which expires in 2036. The purpose of the development agreement is to define the roles,
rights, and responsibilities of both parties and provide protections afforded by the agreement.
Disney has seven obligations under the Development Agreement. Of these, Disney has complied
with five mostly pertaining to the "Opening Day" Project, which was the development of California
Adventureand the Grand California Hotel. There are two obligations remaining, which is the
subject of this review. Disney must continue to demonstrate on-going compliance regarding
enhancements and expansion of the Disneyland Resort as well as maintenance of a jobs
program. He further reported an annual review is required per State Law, the City's Development
Agreement Procedures Resolution, and the Development Agreement. City Council last reviewed
the agreement on April 25, 2017, Disney is required to report on the obligations described in the
agreement, and Mr. Belmer stated Disney was found in compliance with the development
agreement, at that time. In terms of the 2017 Annual Review, he addressed Disney's Annual
Review Letter, reported staff reviewed it and confirmed compliance, and stated staff recommends
that the City Council determine that Disney is in full compliance with the terms of the agreement.
DISCUSSION: Council Member Moreno reported pulling this item because he has received
several inquiries questioning the annual review now, as it was reviewed last April. He stated
many questions deal with Disney's announcement regarding building a four-star hotel, that will
remove businesses in Downtown Disney, and where a parking structure is proposed. He asked if
any of those changes affect the development agreement in any way, and Mr. Belmer reported the
proposed changes were consistent with the development agreement.
Council Member Moreno referenced Item No. 22 relative to proposed zoning amendments and
including amendments to the Disneyland Resort Specific Plan. He asked whether it was
discussed with the developer.
Senior Planner Elaine Thienprasiddhi reported the City provided notice to Disney about the
changes, and when the item is presented, staff can point out where the overlay is located and
what was changed. In response to Council Member Moreno's question, she reported the
development agreement requires the City to provide Disney with notice. The development
agreement allows the property owner to develop their property in accordance to the Zoning Code
that was in place at the time the development agreement was approved. It can go forward, and if
the City processes Zoning Code amendments that change requirements, providing more
flexibility, they can take advantage of those flexibilities, but would not be required to do anything
that is more restrictive than the code in place at the time the development agreement was
approved.
Council Member Moreno stated the current review seems to focus on ongoing programs including
the jobs program. It is not a preference -based program for Anaheim residents, but the company
will announce job opportunities and encourage cast members to promote job opportunities to their
neighbors. He noted Disney contributes over 5,000 jobs. He asked whether the agreement asks
for data regarding those jobs. Mr. Belmer stated the development agreement does not require
that information but staff can make a request for the data, if Council so directs. Council Member
Moreno asked whether the development agreement include specific efforts to outreach to the
homeless, to offer them job opportunities. Mr. Belmer suggested Disney representatives would
be able to answer that question. He stated the jobs program is an obligation to promote
opportunities for employment; the homeless issue was not a salient point at the time of the
City Council Minutes of December 5, 2017
Page 19 of 36
adoption of the original agreement. He added they reach out to all segments of the community, in
the promotions.
Council Member Moreno asked whether the City can suggest other avenues (i.e., participate in a
homeless recruitment program for jobs) by which they could pursue recruitment for advertised
jobs. Mr. Belmer stated he does not believe the development agreement would obligate Disney
to do that, specifically. The City is free to make such requests, but it would be up to Disney to
consider and approve, at their discretion. Council Member Moreno proposed making the request
to Disney.
Council Member Murray noted Disney has been a good -faith partner to the City providing
employment to Anaheim residents and numerous amenities to supplement CityNet services along
the riverbed, to help service those who are homeless and living in encampments. She suggested
opening that up to all businesses, not just Disney.
MOTION: Council Member Moreno moved to determine, based on the evidence submitted by
Walt Disney Parks and Resorts U.S., Inc., that the property owner has complied in good faith with
the terms and conditions of Development Agreement No. 96-01 for the 2016-2017 review period
for the Disneyland Resort project, seconded by Council Member Murray. ROLL CALL VOTE:
AYES — 6: (Mayor Tait and Council Members Vanderbilt, Murray, Moreno, Kring, and Faessel).
NOES — 0. ABSTAIN — 1: (Council Member Barnes). Motion carried.
0280 22. ORDINANCE NO. 6425 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
0420 ANAHEIM amending Chapters 18.04 (Single -Family Residential Zones); 18.06 (Multiple -
Family Residential Zones); 18.08 (Commercial Zones); 18.10 (Industrial Zones); 18.16
(Regulatory Permits); 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone); 18.24
(South Anaheim Boulevard Corridor (SABC) Overlay Zone); 18.36 (Types of Uses); 18.38
(Supplemental Use Regulations); 18.42 (Parking and Loading); 18.44 (Signs); 18.46
(Landscaping and Screening); 18.62 (Administrative Reviews); 18.92 (Definitions); 18.114
(Disneyland Resort Specific Plan No. 92-1 (SP 92-1)); and 18.120 (Anaheim Canyon
Specific Plan No. 2015-1 (SP 2015-1)) of Title 18 (Zoning) of the Anaheim Municipal Code
and finding and determining that this ordinance is exempt from the requirements to
prepare additional environmental documentation per California Environmental Quality Act
(CEQA) Guidelines, Section 15060(c)(2) because it will not result in a direct or reasonably
foreseeable indirect physical change in the environment (Zoning Code Amendment No.
2017-00141; Adjustment No. 11 to the Disneyland Resort Specific Plan (SPN92-1 Q);
Adjustment No. 4 to the Anaheim Canyon Specific Plan (SPN2015-00001 D); DEV2017-
00097).
Council Member Kring reported pulling this item because the representative of the BIA had
concerns about parking in the Platinum Triangle and asked staff to focus on that.
Planning and Building Director David Belmer introduced Senior Planner Gustavo Gonzalez and
deferred to him for a report.
Senior Planner Gustavo Gonzalez reported the item is a City -initiated code amendment intended
to streamline and introduce regulation, minimize negative impacts, create internal consistency of
terms and definitions, and provide clarity. Amendments to the zoning code are made on an as -
needed basis, based on periodic review by staff through the Code Streamlining and Improvement
program. The Planning Commission reviewed the item on October 301h and recommended City
Council approval of the proposed amendments. Amendments proposed are related to business
City Council Minutes of December 5, 2017
Page 20 of 36
and financial services drive throughs, commercial zone maximum height, and special events in
industrial areas, retaining existing businesses in Anaheim Canyon, on -sale alcohol sales in
Anaheim Canyon, outdoor seating and dining, and four amendments to increase the visibility of
signs including electronic reader board signs, coordinated sign program, wall signs facing
railroads, and parking district signs. They also include providing consistent encroachment
requirements for the Disneyland Resort Specific Plan and the Anaheim Resort Specific Plan.
Amendments intended to improve residential parking include Platinum Triangle residential
parking and single-family residential parking and are to be consistent with City-wide multi -family
parking requirements and lower the threshold for providing additional parking spaces for single-
family homes. He reported the Orange County Business Council, at its Turning Red Tape Into
Red Carpet event, recognized the Code Streamlining and Improvement program with an award
for promoting business retention and expansion.
Mr. Belmer stated, in terms of Council Member Kring's specific request regarding parking, there
are two provisions the BIA spoke about, one pertaining to the Platinum Triangle, and the City's
request is to normalize parking centers for multi -family housing in the Platinum Triangle, to be
consistent with the multi -family parking standards throughout the entire City. He addressed
Platinum Triangle parking requirements versus City-wide multi -family parking requirements for
studio units, one -bedroom, two-bedroom, three-bedroom, and four-bedroom residential units.
The Planning Commission agreed with staffs recommendations on a 6 -to -1 vote, the one "no"
vote was from a Commissioner who felt they were not high enough. The other, pertaining to
single-family residential, these are for large homes and he noted parking in residential
neighborhoods is a very salient issue. The modification would lower the threshold for a six -
bedroom home, from six, to five spaces. That will protect the integrity in neighborhoods and will
address the issues, City-wide. Staff believes it will still facilitate additions to homes, if people
seek them. The Planning Commission supported that recommendation unanimously.
DISCUSSION: Council Member Kring noted she does not have a problem with consistency and
the increase in the Platinum Triangle parking will not affect anyone now. She asked if they will
lose units because of the extra parking requested. Mr. Belmer stated there is that potential,
where less density is achieved; that is a function of design, so it is uncertain. The modification is
so mild, there should not be a significant loss of density. Council Member Kring expressed her
support and congratulated Mr. Belmer on the award from the OCBC.
Council Member Faessel indicated Mr. Donelson made some very good points and while
changes are being made to the Platinum Triangle, to match the rest of the City, he agreed with
Planning Commissioner White regarding the need to review the matter, carefully, in the future.
He asked whether the City is still open to further discussion regarding parking standards across
the City. Mr. Belmer confirmed the City is open, especially since there has been a specific
request for the Planning Commission to consider it. They have asked staff to look at what other
cities are doing and speculated there are other communities that are looking at those standards
because they are dealing with the same challenges as Anaheim. Council Member Faessel
agreed with the idea.
Mayor Tait commended staff on a job well done.
MOTION: Council Member Kring moved to approve ORDINANCE NO. 6425
(INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapters 18.04
(Single -Family Residential Zones); 18.06 (Multiple -Family Residential Zones); 18.08 (Commercial
Zones); 18.10 (Industrial Zones); 18.16 (Regulatory Permits); 18.20 (Platinum Triangle Mixed Use
(PTMU) Overlay Zone); 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone); 18.36
(Types of Uses); 18.38 (Supplemental Use Regulations); 18.42 (Parking and Loading); 18.44
(Signs); 18.46 (Landscaping and Screening); 18.62 (Administrative Reviews); 18.92 (Definitions);
City Council Minutes of December 5, 2017
Page 21 of 36
18.114 (Disneyland Resort Specific Plan No. 92-1 (SP 92-1)); and 18.120 (Anaheim Canyon
Specific Plan No. 2015-1 (SP 2015-1)) of Title 18 (Zoning) of the Anaheim Municipal Code and
finding and determining that this ordinance is exempt from the requirements to prepare additional
environmental documentation per California Environmental Quality Act (CEQA) Guidelines,
Section 15060(c)(2) because it will not result in a direct or reasonably foreseeable indirect
physical change in the environment (Zoning Code Amendment No. 2017-00141; Adjustment No.
11 to the Disneyland Resort Specific Plan (SPN92-1 Q); Adjustment No. 4 to the Anaheim Canyon
Specific Plan (SPN2015-00001 D); DEV2017-00097), seconded by Council Member Faessel.
ROLL CALL VOTE: AYES — 6: (Mayor Tait, Mayor Pro Tem Vanderbilt, and Council Members:
Kring, Murray, Moreno, and Faessel). NOES — 0. ABSTAIN — 1: (Council Member Barnes).
Motion carried. Ordinance introduced.
Council Member Barnes returned to the Chambers at 8:50 P.M. and took her place on the dais.
At the request of Mayor Pro Tem Vanderbilt, with no objection from Council, the agenda was
taken out of order with Item No. 29 considered at this juncture.
D116 29. Police Review Board Update
Interim City Manager Linda Andal reported the item is an information report on the proposed
Police Review Board, formerly known as the Public Safety Board. Staff has been studying the
structure of these types of boards and has presented to Council many times during the process;
many community meetings have been held, and staff has met with stakeholders and interested
persons on the model being presented. The goal is true transparency with the intention to remain
transparent as the process evolves. She reported Anaheim was, and continues to be, the only
city in Orange County to implement a civilian oversight of its Police Department. Anaheim is one
of two -hundred agencies, from a total of 18,000 law enforcement agencies nationwide, that have
committed to provide citizen oversight. She added the model to be presented will allow for
greater citizen participation, board independence, will increase transparency, provide greater
access to information, accountability, and improved community engagement. The scope of the
new board has been enhanced with the intent to foster greater trust between the community and
the Police Department and the board will continue to evolve as the City encourages participation
and feedback, with regular evaluation, reporting, and recommendations.
Deputy City Manager Greg Garcia reported this has been ongoing in the community since 2014,
and introduced Senior Administrative Analyst Lylyana Bogdanovich and Mike Gennaco of OIR
Group. He presented background on the item and addressed the proposed structure of the
Anaheim Police Review Board including establishment by the City Manager, it should be
comprised of seven members, appointees will be selected by lottery, with one representative to
be drawn from each of the six districts and one selected at large. Selection criteria would include:
residency in the district, background check (no felony convictions), no current law enforcement
experience, it will have the ability to be impartial and unbiased, no open litigation/claim against
the City, and a willingness to sign confidentiality/non-disclosure agreements. Additionally, the
board will conduct monthly meetings, will be supported by the City Manager's office as well as the
Office of Independent Review Group (OIR), and all meeting materials, including agendas,
minutes, and recordings, will be available to the public online. Relative to the scope, he
addressed challenges with the old Public Safety Board, reported receiving good feedback and
indicated staff has been working through those issues to improve the new board. These include
added responsibilities, accountability measures, and transparency. New roles and
responsibilities include: Review the OIR report regarding policy recommendations, review the
Anaheim Police Department's (APD) response to the OIR Group recommendations, receive real-
City Council Minutes of December 5, 2017
Page 22 of 36
time notification on major incidents and provide an opportunity for a Police Review Board member
to be on the scene of officer -involved shootings which would allow for participation with on -scene
briefings; and establish a process to receive complaints at meetings and directly refer those
complaints to APD, the City Manager, and/or the OIR Group for follow up. APD will provide
follow-up to the Board following review, within the legal constraints of the law. Additional
responsibilities include: ability to receive formal complaints and forward to the City Manager who
will forward to APD and/or OIR Group; receive private briefings of critical incidents, specifically
the Major Incident Review Team (MIRT) presentations to include the review of body worn camera
footage, as allowed by law; receive access to other critical information to enable the Board to
carry out its duties and responsibilities, as allowed by law; participate in community meetings
hosted by APD following major incidents and be provided the opportunity to explain the role of the
Board, as necessary; receive a private briefing following a critical incident (within 2-4 weeks)
through the City Manager; work with City Communications to issue a statement to the community
on behalf of the Police Review Board as necessary; review certain new police policies prior to
adoption; and the ability to audit existing police policies. Additionally, it will provide feedback to
the City Manager and APD on findings; publish statistics regarding officer involved shootings, use
of force, complaints, and dispositions; conduct monthly public board meetings to promote
continuity and engagement and to afford the public regular opportunities to provide feedback and
receive updates; conduct regular community engagement and outreach to raise awareness of the
Police Review Board; prepare and submit an annual report to the City Council outlining the
Board's activities and any recommendations; participate in the hiring/promotional process, with
members of the Police Review Board serving as representatives on community interview panels;
provide general recommendations to the City Manager on police practices, policies, budget,
staffing, and recruitment; availability of training from APD and other sources regarding police
practices to be presented at Board meetings and potentially at special training meetings; assist
with loud party administrative citations, serving as an appeal board entity; and provide the Board
with the ability to recommend additional responsibilities and functions to the City Manager, no
less than on an annual basis. In terms of the Office of Independent Review (OIR), Deputy City
Manager Garcia deferred to Michael Gennaco for the report.
Michael Gennaco, OIR, addressed the company's services, noted the City's commitment has
impacted the Police Department in a positive way; changing the way Police leadership
considered community input, commented on the challenges of the old board, felt one of the best
features of the proposed board is its flexibility and commented on his increased involvement and
connectivity with the City.
As the external auditor, OIR will conduct real time monitoring of critical incidents, respond to the
scene of officer -involved shootings and in -custody deaths, review internal affairs investigations
and public reports on closed cases on a regular basis, and provide public reports with
recommendations to assist the Police Department in areas that may need reform. The proposed
changes will add better definition and clarity to the board as well as.
Staff is proposing that the OIR Group continue to play a role in working collaboratively with the
Police Review Board and assisting the members in their oversight responsibilities. The OIR
Group's extensive experience and unfettered access to APD information (confidential documents,
recordings, personnel files, etc.) equips them with the ability to work closely with the new PRB.
Additionally, the PRB will be authorized to have a member respond in real-time to the scene of an
officer -involved shooting together with the OIR Group, allowing unprecedented access
traditionally reserved for law enforcement and the independent auditor. Further, during the private
briefings of MIRT presentations and body worn camera footage following a critical incident, the
OIR Group is present to share their preliminary thoughts and are intended to serve as a resource
to board members.
City Council Minutes of December 5, 2017
Page 23 of 36
Mr. Garcia reiterated the goals of the board, including greater oversight, increased board access
to information, regular evaluation of the board, ongoing reporting and recommendation, and
improved community engagement. He further addressed next steps which include to finalize the
operation plan and program framework, application process to commence in early 2018, conduct
significant community outreach for applicants, and have the board established by Spring 2018.
DISCUSSION: Mayor Tait stated this was an information item with no Council action required.
He thanked staff for their hard and quick work on this matter. He commented positively on Mr.
Gennaco's capabilities, noting he is well-respected in the industry. In response to Mayor Tait's
request, Mr. Gennaco addressed his professional background including teaching and law. For
the past sixteen years, he has provided independent oversight to many agencies in California and
throughout the country.
Mayor Tait listed the purpose of the Oversight Board including providing accountability,
transparency, be independent, and have credibility. He addressed information and subpoena
ability and reported the board will have access to all the information legally entitled.
In response to Council Member Kring's inquiry regarding who will do the evaluation of the board,
Mr. Garcia reported board members, City staff, and Mr. Gennaco will monitor the board for
constant improvement. Council Member Kring asked regarding distribution of assignments and
Mr. Gennaco suggested a roll-out schedule, depending on the availability of board members.
Council Member Kring asked regarding how a review of internal affairs investigations will be done
and Mr. Gennaco reported OIR will continue to have access to internal affairs investigations and
the identity of officers will not be included in his reports, according to state law.
Council Member Faessel reported there were approximately twenty meetings held and he
attended half. He referenced Mr. Robert's comments during public comments relative to Brown
Act meetings versus non -Brown Act meetings and asked for clarification.
Acting City Attorney Kristin Pelletier reported if Council were to create a Police Safety Board, the
board would become a legislative body as defined by the Brown Act. To go into Closed Session,
one of the Closed Session exceptions must apply. The most likely exception to apply would be
the personnel exception which allows a body to go into Closed Session to consider the
appointment, dismissal, removal, or evaluation of performance of an employee. The Attorney
General has declared you have to have the authority over one of those functions to use the
personnel exception. Council would have to give the board rules to follow within that exception.
The process for Police Officer Discipline is set forth in an MOU that will be up for negotiation. As
a City Manager board, it would have the right to review issues that would not fall within
exceptions, such as reviewing body -worn camera footage. There is no on-going investigation
exception to the Brown Act and the Brown Act does not apply to City Manager boards.
Regarding receiving real time notifications on major incidents, Council Member Faessel
suggested having a Public Review Board member be at all major incidents. Mr. Garcia stated
staff anticipates that they roll out to all major incidents, including use of force, not just officer -
involved shootings.
Mayor Pro Tem Vanderbilt asked whether there was a minimum age requirement to be a member
of the board. Mr. Garcia reported applicants will be required to be 18 years of age and older. He
reiterated staff is committed to provide as much access to information as possible. Items will be
considered on a case-by-case basis and if the information can be shared, staff will do so.
Council Member Moreno asked about the definition of "critical incident" and Mr. Gennaco stated it
would be any operation in which deadly force is used or any time there is significant injury
City Council Minutes of December 5, 2017
Page 24 of 36
because of an officer's use of force or any time there is police action resulting in significant injury
or death to an individual. He added the frequency varies but would be approximately five -to -six
per year. Council Member Moreno asked whether all board members will be notified of critical
incident, to which Mr. Garcia reported considering one designated person or having a call
schedule for a rotation of board members and with the intent of having one individual respond
rather than multiple individuals. Council Member Moreno indicated being sensitive to state law
relative to access of personnel records and by being on-site the board member will know the
identity of the officer. He asked how that legal requirements could be balanced as they cannot be
involved in personnel -critical evaluations. Mr. Gennaco reported the initial investigation is a
criminal investigation and criminal investigations are less protected than administrative
investigations. He added the California Supreme Court has ruled that identifies of officers
involved in shootings, unless there is a threat to the officer, are releasable and are able to be
made public. He reported the footage of the incident needs to be protected more so than the
identity of an officer. In terms of subpoena power, Council Member Moreno noted the need to
make sure the board does not get stalled from getting information. In terms to access to
documents, he suggested adding language indicating "as allowed by law". In response to his
question as to whether investigative findings are shared directly with Council, Mr. Gennaco
reported he does not, but rather communicates directly with the City Manager. Council Member
Moreno noted the need to build trust and asked if the board would present its findings to Council.
Mr. Garcia reported the board and Council will receive the OR report and the board will have the
ability to state whether they agree or disagree and communicate the APD report and the OR
report.
Ms. Andal added the board will be charged with producing an annual report wherein they can
share their findings. The scope also requires the City Manager provide an annual report to
Council, and both reports will be placed on the City's website. That will not limit the City
Manager's office from providing reports at other times during the year. If there is a disagreement,
the City Manager's office will apprise Council. She added this was a good starting point and
envisioned the board progressing as staff continues to receive feedback.
Council Member Moreno asked whether there are metrics to measure changes in trust and Mr.
Gennaco reported the hard part to measure is what does not happen by having an oversight
board. He stated he measures trust, indirectly, through reform and reported other ways by which
trust is measured. Council Member Moreno suggested the City Manager consider bringing this
matter back on December 19' to provide an opportunity for the public to review it further. Ms.
Andal agreed staff can bring the item forward, as an informational item, on December 19m
Council Member Murray thanked staff and Mr. Gennaco for their work on this item. With regards
to having members of the board be on-site after a critical incident, she asked how the scene,
evidence, and personal safety be protected. Mr. Gennaco reported there is a protocol that has
been set up for a long time in terms of no one being allowed to a scene until after it is cured.
Investigators in charge will ensure no evidence is disturbed and the personal safety of those at
the scene will be ensured. Council Member Murray asked that it be monitored. She noted the
importance of public safety and voiced support for staffs recommendations. She referenced the
recent ACLU report and stated there were significant misstatements that generated misleading
headlines about the APD. Council has a responsibility to ensure data regarding the City and its
personnel, is correct. She added this was an effort from an interest group advocating for policy
and reiterated it was purposefully misleading and containing false information. She commented
positively on the City's efforts noting Anaheim is the only city in Orange County with civilian
oversight, was the first city in Orange County to put in place the use of body -worn cameras, and
has a major indecent review process that is a model for the county and state, as well as
expansive community outreach. She added the data in the report defies common sense and
commented on the number of police -involved shootings in other cities compared with Anaheim as
City Council Minutes of December 5, 2017
Page 25 of 36
well as calls for service. The basis of the ACLU report ranks cities on a per -capita basis rather
than the total number of incidents and, therefore, is skewed. She reiterated her stance that the
ACLU report contains flawed information and commented on their irresponsible distribution of the
report to the media. She believed that is a serious breech of public trust and represents an
attempt to do material damage to the City and the APD. She asked staff to bring the matter back
to Council on December 19th and craft a letter to the ACLU demanding a public correction to the
report, apologize to the City and APD, and to individual officers who were falsely characterized.
Additionally, she asked that staff put together a side-by-side report clarifying and correcting the
misinformation on the report and using additional metrics including calls for service during the
subject time. If the ACLU is not responsive, she asked the City Attorney to consider legal action,
so the record can be corrected. She commented positively on APD, and although it is not perfect,
the City works consistently to improve relations with the community and offer superior service.
Ms. Pelletier stated she was unsure whether the APD can generate a side-by-side report,
because of the privacy interests involved. She asked for direction from Council rather than
agendizing the item. She added those items can be placed on the agenda, asking for further
direction by Council, at the next meeting.
Council Member Kring noted the need to be specific in terms of the documents and information to
be reviewed. She suggested adding language stating "any and all information." In terms of
issuing a statement by the review board, she stated there would be nothing to review then and
suggested eliminating the language. In terms of publishing statistics regarding officer -involved
shootings, she asked about the source of those statistics and opined the City would risk the
chance of a civil lawsuit. Additionally, she believed providing recommendations on police
practices, budgets, staffing, and recruitment, was not within the purview of the board. She
suggested removing that provision completely as she did not believe the public review board
should have that kind of power.
Ms. Andal stated she will take Council comments under consideration and report back on
December 1911 . The purpose of increasing the responsibilities of the board is because of
feedback from board members and will provide greater opportunity for involvement. Relative to
recruitment, that was the idea of the APD and the Police Union and stated a large part of the plan
involved education. Responsibilities will be learned over time, and it should take about twelve
months to educate board members on law enforcement and on standing MOUs.
Council Member Kring agreed in terms of recruitment, however, she did not agree with the board
getting into staffing or the police budget. She noted the agenda on December 19th will be full and
Mr. Gennaco cannot attend, and suggested scheduling this item to Council's first meeting in
January.
Mayor Tait reported recommendations do not give the board power, commented positively on the
report and on the importance of transparency, accountability and credibility. He felt it is important
to go forward with recommendations presented by staff.
Council Member Faessel thanked the community for its input and noted the need to move the
matter, forward, as quickly as possible.
Council Member Moreno agreed with Council Member Faessel's comments as well as Council
Member Murray's call for the City to generate data from within the City in response to the ACLU
report.
Council Member Barnes commented on the time it has taken for people to get answers regarding
the APD, noted people are frustrated, and believed Mr. Gennaco will help the City to see its
D114
B105
City Council Minutes of December 5, 2017
Page 26 of 36
dysfunction and determine where the root of the problem lies. She thanked Mr. Gennaco and
spoke in support of staff recommendations. She commented on accountability, stated the need
for improvement, and commended the City Manager for bringing the item forward.
Council Member Murray stated the APD has created one of the safest cities in the country and is
focused on kindness and service. While the City can always do better, the APD is world-class.
Mayor Tait noted this is all about getting better and this is a great first -step.
Item was an informational item; no formal action was taken.
24. Nominate and appoint one Council Member to serve as Mayor Pro Tem for the 2018
calendar year.
Mayor Tait thanked Mayor Pro Tem Vanderbilt for his work and stated his belief the position
should be rotated so that every Council Member has a chance at being Mayor Pro Tem.
Council Member Murray asked for consideration of Mayor Pro Tem Vanderbilt staying in that role.
She stated she does not feel comfortable having Council Member Moreno him as Mayor Pro
Tem.
Mayor Pro Tem Vanderbilt referenced a conversation with the City Attorney requesting this item
be postponed to December 19th. Acting City Attorney Kristin Pelletier reported it would be the
Mayor's prerogative, if there was no objection, or Council could also vote to continue.
MOTION: Mayor Tait nominated Council Member Moreno as Mayor Pro Tem for the 2018
calendar year, seconded by Council Member Barnes.
MOTION: Council Member Murray nominated Mayor Pro Tem Vanderbilt as Mayor Pro Tem for
the 2018 calendar year, seconded by Council Member Kring.
At the request of Mayor Pro Tem Vanderbilt, with no objection, Item No. 24 was continued to
December 19, 2017.
25. Review the list of regional agency appointments and appoint or reappoint representatives
to serve on the following regional agencies.
Anaheim Union High School District Foundation:
(RE)APPOINTMENT:
2018)
(currently held by Mayor Tom Tait)
(RE)APPOINTMENT:
2018)
(currently held by Mayor Pro Tem James Vanderbilt)
(1 -year term, ending December 31,
(1 -year term, ending December 31,
At the request of Mayor Pro Tem Vanderbilt, with no objection from Council, the appointments to
the Anaheim Union High School District Foundation were continued to December 19, 2017.
City Council Minutes of December 5, 2017
Page 27 of 36
Fire Training Joint Powers Authority:
(RE)APPOINTMENT: Council Member Moreno
(currently held by Council Member Jose Moreno)
ALTERNATE: Mayor Pro Tem Vanderbilt
(currently held by Mayor Pro Tem James Vanderbilt)
Council Member Moreno and Mayor Pro Tem Vanderbilt expressed interest in remaining as the
representatives.
Council Member Faessel asked if Mayor Tait would be open to the suggestion of reappointing
everybody to their current responsibilities. In response, Mayor Tait stated a preference to
address each appointment one at a time.
MOTION: Mayor Tait nominated to re -appoint Council Member Moreno to the Fire Training Joint
Powers Authority. Without objection from Council, Council Member Moreno was reappointed.
MOTION: Mayor Tait nominated to re -appoint Mayor Pro Tem Vanderbilt as an alternate to the
Fire Training Joint Powers Authority. Without objection from Council, Mayor Pro Tem Vanderbilt
was reappointed.
Four Corners Transportation Coalition:
APPOINTMENT: Council Member Murray (3 -year term, ending December 31,
2018)
(currently held by Council Member Kris Murray)
MOTION: Mayor Tait nominated to re -appoint Council Member Murray to the Four Corners
Transportation Coalition, seconded by Council Member Kring. Without objection from Council,
Council Member Murray was re -appointed.
Orange County -City Hazardous (HAZMAT) Emergency Response Authority:
(RE)APPOINTMENT: Council Member Barnes
(currently held by Council Member Denise Barnes)
MOTION: Mayor Tait nominated to re -appoint Council Member Barnes to the Orange County -
City Hazardous (HAZMAT) Emergency Response Authority. Without objection from Council,
Council Member Barnes was re -appointed.
Metropolitan Water District (MWD):
(RE)APPOINTMENT: Council Member Faessel
(currently held by Council Member Stephen Faessel)
MOTION: Mayor Tait nominated to re -appoint Council Member Faessel to the Metropolitan
Water District (MWD), seconded by Council Member Moreno. Without objection from Council,
Council Member Faessel was re -appointed.
City Council Minutes of December 5, 2017
Page 28 of 36
Orange County Sanitation District (OCSD):
(RE)APPOINTMENT: Council Member Barnes
(currently held by Council Member Denise Barnes)
MOTION: Mayor Tait nominated to re -appoint Council Member Barnes to the Orange County
Sanitation District (OCSD), seconded by Council Member Kring. Without objection from Council,
Council Member Barnes was re -appointed.
ALTERNATE: Council Member Kring
(currently held by Council Member Lucille Kring)
MOTION: Mayor Tait nominated to re -appoint Council Member Kring as an alternate to the
Orange County Sanitation District. Without objection from Council, Council Member Kring was
re -appointed.
Orange County Water District, District 9:
(RE)APPOINTMENT: Mayor Pro Tem Vanderbilt (4 -year term, ending December 4,
2020) (currently held by Mayor Pro Tem James Vanderbilt)
MOTION: Mayor Tait nominated to re -appoint Mayor Pro Tem Vanderbilt to the Orange County
Water District, District 9, seconded by Council Member Faessel. Without objection from Council,
Mayor Pro Tem Vanderbilt was reappointed.
Santa Ana River Flood Protection Agency (SARFPA):
(RE)APPOINTMENT: Council Member Kring
(currently held by Council Member Jose Moreno)
MOTION: Mayor Tait nominated to appoint Council Member Kring to the Santa Ana River Flood
Protection Agency (SARFPA), seconded by Council Member Murray. Without objection from
Council, Council Member Kring was appointed.
ALTERNATE: Rudy Emami
(currently held by Rudy Emami, staff)
MOTION: Mayor Tait nominated to re -appoint Rudy Emami as an alternate, to the Santa Ana
River Flood Protection Agency. Without objection from Council, Rudy Emami was re -appointed.
Southern California Association of Governments (and OCCOG):
(RE)APPOINTMENT: Council Member Murray (2 -year term, ending May
2019)
(currently held by Council Member Kris Murray)
MOTION: Mayor Tait nominated to re -appoint Council Member Murray to the Southern California
Association of Governments. Without objection from Council, Council Member Murray was re-
appointed.
City Council Minutes of December 5, 2017
Page 29 of 36
ALTERNATE: Council Member Kring (2 -year term, ending May
2019)
(currently held by Council Member Lucille Kring)
MOTION: Mayor Tait nominated to re -appoint Council Member Kring as an alternate to the
Southern California Association of Governments. Without objection from Council, Council
Member Kring was re -appointed.
Transportation Corridor Agency, Foothill Eastern Area (TCA):
(RE)APPOINTMENT: Council Member Moreno
(currently held by Council Member Jose Moreno)
Mayor Tait asked Council Member Moreno if he would like to be re -appointed and he responded
affirmatively.
Council Member Kring objected noting out of seven meetings, Council Member Moreno has
attended only three. She reported she has been on the board for years and stated she enjoys it
and can attend meetings. In response, Council Member Moreno reported he let the TCA know,
when he was appointed, that his teaching schedule created conflicts and made alternate
arrangements when he was unable to attend.
MOTION: Mayor Tait nominated to re -appoint Council Member Moreno to the Transportation
Corridor Agency, Foothill Eastern Area (TCA), seconded by Council Member Barnes. ROLL
CALL VOTE: AYES — 5: (Mayor Tait and Council Members Vanderbilt, Barnes, Moreno, and
Faessel). NOES — 1: (Council Member Kring). ABSTAIN — 1: (Council Member Murray). Motion
carried.
MOTION: Council Member Murray nominated to appoint Council Member Kring to the
Transportation Corridor Agency, Foothill Eastern Area (TCA), seconded by Council Member
Kring. ROLL CALL VOTE: AYES — 2: (Council Members Murray and Kring). NOES — 2: (Mayor
Tait and Council Member Barnes). ABSTAIN — 3: (Mayor Pro Tem Vanderbilt and Council
Members Moreno and Faessel). Motion failed.
Council Member Murray asked Council Member Moreno if he can commit to attend meetings. In
response, Council Member Moreno stated they have not cancelled any meetings because of his
inability to attend. He anticipated no problems for him to attend meetings.
ALTERNATE: Council Member Krinq
(currently held by Council Member Lucille Kring)
MOTION: Mayor Tait nominated Council Member Kring as an alternate for the Transportation
Corridor Agency, Foothill Eastern Area (TCA), 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.
City Council Minutes of December S, 2017
Page 30 of 36
Orange County Vector Control District
(RE)APPOINTMENT: Council Member Kring, 4 -year term
(2 -year term, ending December 2019 or 4 -year term, ending December 2021)
(currently held by Council Member Lucille Kring)
MOTION: Council Member Faessel nominated to re -appoint Council Member Kring to the
Orange County Vector Control for a 4 -year term, ending December 2021, seconded by Council
Member Kring. ROLL CALL VOTE: AYES — 6: (Mayor Pro Tem Vanderbilt and Council
Members Murray, Barnes, Moreno, Kring, and Faessel). NOES — 1: (Mayor Tait). Motion carried.
26. Receive and file report regarding participation of Council Members in public meetings of
other governmental bodies.
Item No. 26 was continued to early 2018 at the request of Council Member Murray, with no
objection from Council.
D116 27. Receive and file the Operation Home S.A.F.E. Second Monthly Performance Report and
approve a budget increase, in an amount not to exceed $100,000, to the Department of
Administration's general fund budget.
Assistant City Manager Kristine Ridge presented details of the report highlighting the actions
completed, to date, including scheduling a Community Triage Day for December 19, 2017,
adjacent to the Santa Ana River Trail on the southeast corner of the stadium parking lot. Ms.
Ridge explained service organizations have been invited to participate and transportation is being
provided by Love Anaheim for the homeless in other parts of the City. Staff is working with the
County of Orange for their participation and the budget request is for funding the event. She
reported the Anaheim Police Department (APD) continues to participate in joint law enforcement
efforts led by the county, and efforts continue to recommend a potential site for the county to build
an emergency shelter and two sites have been identified. Information on S132 shelter zones has
been added to the City's website. She reported Community Services is working on an
amendment to the existing agreement with CityNet to supplement services available throughout
the City. Outreach to government officials has been on-going, and dialogue has taken place with
the business community for "out of the box" solutions. She provided an update on county and
CityNet efforts to date. The amount of money being requested is due to unanticipated proceeds
from a land sale the City will receive, more than $6 million.
DISCUSSION: In response to Mayor Tait's question regarding planned use of the money, Ms.
Ridge reported it will be used for the Triage event and the remainder will be used in small service
agreements with the various non-profit service providers, such as those who can offer beds, or
Homeward Bound service providers, pet care services, and Drug Free Anaheim. She stated staff
will attempt to maximize the impact of funds to those who need services the most.
Council Member Faessel referenced comments that non-profit groups will participate in Triage
Day at no cost. The amount requested is a not -to -exceed amount and Ms. Ridge reported
service providers were asked what additional services they could provide if they had more
funding.
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Council Member Barnes asked whether motel vouchers were an option for services provided.
Ms. Ridge reported that could be a part of the Homeward Bound services. In terms of the biggest
item to be funded, she reported that information will not be available until all responses are
received. Council Member Barnes asked about the effectiveness of the ACC -OC, and Ms. Ridge
reported for the north planning area, the County of Orange is partnering with the City, health
clinicians from the county will be participating, and the ACC -OC has not had an active role in the
triage event.
In response to Council Member Barnes question, Council Member Kring reported the Assistant
City Manager has reached out to all service providers and stated the ACC -OC is a "holding tank"
where they invite providers to participate but do not do any direct work with the homeless.
Council Member Moreno asked regarding the availability of data regarding the 299 arrests of
homeless people. Ms. Ridge presented a summary breakdown and Council Member Moreno
requested including the information on the City's website. Council Moreno commented on
available County resources and asked why the City must use its own money for the event,
especially as it on County property. Ms. Ridge reported they are bringing out various agencies
and the County is spending money on the event. She reiterated the City is working with Love
Anaheim to secure transportation of the homeless from other parts of the City and addressed
street exits within the City limits.
Council Member Murray commended staff, the County, service providers, and colleagues, noting
it has been a consistent effort to help the homeless. She reported on various meetings with state
representatives who have committed to this effort, noting there are state assets that may provide
additional resources. She addressed discussions with service providers for permanent,
supportive housing, and continuing to work with the County to find a parcel suitable for a
temporary shelter. Additionally, she reported there are many business individuals that are pulling
resources to create a holistic campus including workforce training, and specific to individual
needs. Going forward, she stated wanting to create a specific program were the City would
proactively reach out to homeless individuals to help them acclimate into the workforce. She
requested during the mid -year budget review, a small augmentation to City Departments to be
able to hire individuals dealing with homelessness.
Ms. Ridge noted links available on the City's website for training and jobs.
In reply to Mayor Tait's inquiry, Ms. Ridge provided an update on the Love Anaheim program; a
report will be provided by the end of December. Mayor Tait asked staff to thank them on behalf
of Council.
Council Member Barnes suggested providing information on obtaining identifications and
continuing to improve the program.
Mayor Tait reported a lot of homeless have pets and stated he will look to staff to create a
solution for taking care of pets, such as fostering.
Mayor Pro Tem Vanderbilt commented on the event occurring at the stadium property which is
within City limits and Ms. Ridge confirmed so, stating staff will generate a flyer with information
and will have them distributed.
Council Member Moreno referenced Council Member Murray's comment regarding a holistic
campus and asked whether that was presented by Bill Taormina to the working group, in July.
Ms. Ridge confirmed it was, adding that he had met with Jamboree Housing and was considering
a permanent, supportive housing solution.
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Council Member Murray commended CityNet for the extraordinary work they are doing with the
County and the Angels for making the space available to the City for the event.
MOTION: Council Member Murray moved to receive and file the Operation Home S.A.F.E.
Second Monthly Performance Report and approve a budget increase, in an amount not to exceed
$100,000, to the Department of Administration's general fund budget, seconded by Council
Member Faessel. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Vanderbilt,
Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried.
Public Hearing Item No. 30 was considered out -of -order, prior to consideration of Item No. 28.
PUBLIC HEARING:
T105 30. This is a public hearing on the proposed annexation of certain territory (Additional
Territory) to the City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle)
pursuant to the Mello -Roos Community Facilities District Act of 1982, and the levying of
special taxes in the Additional Territory (APN 082-261-22).
RESOLUTION NO. 2017-174 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM calling a special election to levy a special tax within territory proposed
to be annexed to City of Anaheim Community Facilities District No. 08-1 (Platinum
Triangle).
RESOLUTION NO. 2017-175 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM declaring results of special election, determining that certain territory
is added to and part of City of Anaheim Community Facilities District No. 08-1 (Platinum
Triangle) and directing recording of a Notice of Annexation.
ORDINANCE NO. 6426 (INTRODUCTION) AN UNCODIFIED ORDINANCE OF
THE CITY OF ANAHEIM levying special taxes within certain territory annexed to City of
Anaheim Community Facilities District No. 08-1 (Platinum Triangle).
Mayor Pro Tem Vanderbilt asked whether there were any property owners or persons registered
to vote in the Community Facilities District (CFD) or in the additional territory who wish to file
written protests and there was no response.
Acting City Clerk Theresa Bass stated no public written protests have been received by the City
Clerk's Office.
Public Works Director Rudy Emami introduced Gerald Kim from Bond Counsel, who was helping
with the annexation, and Diego de Leon with David Taussig and Associates who was helping with
the tax levy portion of the proceeding. He reported on April 22, 2008, the City formed the
Community Facilities District No. 08-1 for the Platinum Triangle pursuant to the Mello -Roos
Community Facilities District Act of 1982 for the purpose of financing certain public facilities and
authorized the levy of special taxes in accordance to the rate and method of appointment for this
CFD. The Act provides that a territory may be annexed to an existing community facilities district
and special tax levied if the landowner requests the legislative body of the local agency to adopt a
resolution of intention to annex such territory to such community facilities districts. The landowner
City Council Minutes of December S, 2017
Page 33 of 36
submitted a petition and on October 24, 2017, the City Council adopted Resolution No. 2017-153,
declaring the City Council's intent to annex the TH Lewis Venture LLC, the landowners of the
Additional Territory located at 1700 S. Lewis Street, to the CFD and to levy special taxes to pay
for public facilities. The resolution fixed Tuesday, December 5, 2017 as the date for public
hearing on the matter to provide an opportunity for all interested persons or taxpayers for or
against this annexation to be heard and written protests to be received. The Landowner has
demonstrated that there are no registered voters within the Additional Territory, certified by the
Orange County Registrar of Voters Office and, therefore, the Landowner is the qualified elector
for the special election.
Mayor Tait opened the public hearing. No public comments were offered and Mayor Tait closed
the public hearing.
Interim City Manager Linda Andal requested amending Sections 5 and 9, changing the times from
8:00 P.M. to 11:00 P.M.
MOTION: Council Member Faessel moved to approve RESOLUTION NO. 2017-174
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM calling a special election
to levy a special tax within territory proposed to be annexed to City of Anaheim Community
Facilities District No. 08-1 (Platinum Triangle), seconded by Council Member Kring, as amended.
ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Vanderbilt, Murray, Barnes,
Moreno, Kring, and Faessel). NOES — 0. Motion carried.
Acting City Clerk Theresa Bass opened the one ballot received and announced the results, as
follows: YES - 1; NOES — 0.
MOTION: Council Member Faessel moved to approve RESOLUTION NO. 2017-175
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring results of
special election, determining that certain territory is added to and part of City of Anaheim
Community Facilities District No. 08-1 (Platinum Triangle) and directing recording of a Notice of
Annexation, and ORDINANCE NO. 6426 (INTRODUCTION) AN UNCODIFIED ORDINANCE
OF THE CITY OF ANAHEIM levying special taxes within certain territory annexed to City of
Anaheim Community Facilities District No. 08-1 (Platinum Triangle), 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. Ordinance introduced.
Council Member Moreno clarified the action of Council in which the Council has agreed to allow
the people (the landowner in this case) to vote if they would like a tax on themselves, and
landowners voted to do so.
D116 31. Receive and file the proposed policy summary recommendations adopted by the
Homeless Policy Working Group on November 3, 2017.
Assistant City Manager Kristine Ridge presented the report including a preview of the Anaheim's
Homeless Policy Working Group summary recommendations. She addressed policy guiding
principles, including that recommendations need to be sustainable, that the policy recognize this
issue has City-wide impacts and should be given the highest priority, all recommendations should
embrace the Housing First model recognizing the immediate need for an emergency shelter,
provide clear definitions, and an understanding the homelessness is a regional issue and must
include collaboration with other agencies, providers, and private -sector businesses. In terms of
short-term framework, recommendations include reaching out to the County of Orange through a
City Council Minutes of December 5, 2017
Page 34 of 36
resolution, encouraging Council to support efforts for basic sanitation, reviewing enforcement
policies and practices, and supporting year-round temporary emergency shelters of various types.
Long-term recommendations include that the City develop a sustained funding stream to fund a
housing -first model, explore and evaluate affordable housing efforts and/or policies for extremely
low-income and low-income households for the City of Anaheim, incentivize the use of City -
owned land or Housing Authority land by leasing it at an affordable rate to a developer who would
like to build permanent, dormitory -styled housing within a Housing -First approach (Yergens-
Rogers Hall, Tiny Homes, etc.), incorporate policy criteria to ensure existing municipal codes, as
amended, or implemented in the future are not punitive or unduly burden those individuals that
are homeless but address the impacts on neighborhoods, ensure annually that the fiscal year
budget provide adequate funding to continue, change or enhance homeless services provided
while remaining nimble to meet the current circumstances (e.g. Mobil Services for Health Crisis,
Re -integration programs), and support planning and zoning changes to prioritize the development
of affordable housing ensuring equitable distribution of affordable units and any other types of
transitional shelters throughout the City. Ms. Ridge addressed the Housing First approach, noting
it is an approach to quickly and successfully connect individuals and families experiencing
homelessness to permanent, supporting housing without preconditions and barriers to entry. She
stated staff will present a full report in January 2018.
DISCUSSION: Council Member Moreno stated he wanted to ensure Council was made aware of
the recommendations and noted a more -formal report will be presented in January. He reported
the Working Group reviewed the report to ensure accuracy.
Council Member Faessel referenced the term "Housing First" and suggested the need for further
education. He proposed it should be called "Housing First with Services", as people are not
going to be taken directly to housing but will be provided with services as well; services play a big
part in the program.
Council Member Moreno commented positively on the Working Group helping each other in
terms of education. He stated people cannot be stabilized for their addictions or mental health,
first, but they must be stabilized through housing. He reported the model is from the U.S.
Interagency Council on Homelessness and is recognized as the most -effective model in
addressing, holistically, the condition of homelessness in communities.
Council Member Murray thanked the Working Group and noted agreement with the Housing First
model. She reported isolating the homeless into housing without offering supportive services,
could be harmful. She stated she would like to have a discussion, when the policies are
reviewed, as to how that can be done effectively providing for individually -unique needs, including
mental health and addiction. She also asked for minutes of Working Group meetings to know
what discussions were, when recommendations were formulated, and the thoughts behind
abstentions. Ms. Ridge reported detailed minutes are posted on the City's website.
Council Member Moreno explained abstentions, noting legislators did not feel it appropriate to
vote on City -based issues and were not fully aware they were going to be asked to vote on the
recommendations.
Council Member Barnes reported the ACLU provided guidance in terms of clear definitions of
terms. In response to Council Member Murray's question regarding input from service providers,
Council Member Barnes reported the Working Group went above and beyond by having the City
Attorney sit on a panel providing legal guidance. She added the minutes are detailed and can
show who responded to what and provide substance regarding discussions.
City Council Minutes of December 5, 2017
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Council Member Kring asked regarding the final report and Ms. Ridge reported it will provide
history on the group, what was heard during meetings, who provided testimony, and deliberations
in developing the cornerstones under recommendations. Council Member Kring commented on
short- and long-term frameworks and in terms of providing restrooms, felt the more you provide
them, the more people are encouraged to stay homeless. She stated she would not be in favor
or eliminating the anti -camping laws and felt the recommendations for a steady funding stream
was nebulous. She reported many people have complained about Bridges, which is dormitory
style, and felt a Housing First approach was not a dormitory style of living. In terms of supporting
planning and zoning, the City is already mandated by the state through SB 2. She commented
on the importance of not being punitive but also considering impacts on City neighborhoods. Ms.
Ridge reported with the full report, Council will be able to determine, as a body, what
recommendations to pursue.
Mayor Tait noted these are proposed, preliminary recommendations and thanked Council
Member Moreno and Barnes as well as Mayor Pro Tem Vanderbilt and members of the Working
Group.
MOTION: Council Member Faessel moved to receive and file the proposed policy summary
recommendations adopted by the Homeless Policy Working Group on November 3, 2017,
seconded by Council Member Moreno. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council
Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried.
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Council Member Murray reconfirmed her request to honor Anaheim Ballet Folklorico with a
certificate and for them to perform at the December 19 meeting; requested the City research
participating in the Sustainable Business Certificate Program to highlight and assist businesses
with environmentally friendly practices and incentives; requested future consideration of funding
to supplement staff by hiring individuals from the homeless population and also expand jobs
outreach and recruitment; reconfirmed her request to have a letter to the ACLU prepared for
Council consideration to request a public correction to their report and apologies to the City,
Police Department, and individually -named officers, along with an accompanying report by the
City to correct and clarify misinformation along with additional metrics and exploration of potential
legal actions if the ACLU is not responsive; and wished a happy birthday to her senior policy aide
Arianna Barrios.
Council Member Kring wished Arianna Barrios a happy birthday; asked everyone to keep the
safety of firefighters and those affected by current fires in Ventura County in their thoughts and
prayers; announced the annual Cops 4 Kids toy drive; recognized Donnie Yvaska, Anaheim
Shores HOA president, and the Anaheim Shores community for their 40th Anniversary
celebration of their relationship Mito, Japan; wished good luck to Miss Montana, former Anaheim
resident, in the Miss USA competition; and encouraged everyone to protect their pets from
mosquitos by providing medicine year round, applying topical flea and tick repellants, removing
standing water, and washing pet bowls and bird baths once a week.
Council Member Moreno thanked Utilities staff for providing a street lighting update and overview
to him and Council Members Barnes and Faessel and encouraged the public to report outages
via Anaheim Anytime or MyAnaheim app; thanked the Balsam neighborhood for hosting an
immigration clinic, recognized the Downtown Anaheim Association, Sally Feldhaus, and
participants for the Nutcracker Tree Lighting Ceremony; announced a District 3 town -hall meeting
at City Church on Thursday, December 14th; offered congratulations to high school seniors who
City Council Minutes of December 5, 2017
Page 36 of 36
applied to UC and Cal State universities; requested a future recognition of the Katella High
School football team's first Anaheim CIF football championship; and requested a discussion item
if appropriate, and offered support regarding the Interim City Manager filling open city positions
on a permanent basis.
Council Member Barnes thanked Esther Wallace and west Anaheim residents for the annual tree
lighting and associated events and requested a report from staff on the circumstances
surrounding Leon Cisneros and his inclusion on a gang injunction list.
Mayor Pro Tem Vanderbilt thanked the Anaheim Shores community for their event, recognized
the ABC (Alameda, Brownwood, Catalina) neighborhood for raising $3,000 for a community
garden, and announced applications for Anaheim's poet laureate were due by December 15,
2017.
Council Member Faessel announced the November 9th launch by Visit Anaheim of the "Heart to
Heart" program to provide CPR equipment and training to the high school district; reported his
participation in the 31 st Annual We Give Thanks event at the Honda Center with Mayor Tait and
Council Members Murray and Barnes; recognized ICNA and Yesenia Rojas for the Anna Drive
Thanksgiving and food giving event, and announced the Muzeo Express Train exhibit available
through January 7, 2018.
Mayor Tait announced Anaheim hosted the International Weightlifting Federation World
Championships, with competitors from 64 countries and congratulated Visit Anaheim on the
event, which served as a precursor to the 2028 Olympics.
ADJOURNMENT:
With no further business before the City Council and without objection, Mayor Tait adjourned the
meeting of December 5, 2017 at 12:00 A.M. in memory of Lillian Roberts.
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Acting City Clerk