01/09/2018ANAHEIM CITY COUNCIL REGULAR MEETING
OF JANUARY 9, 2018
The regular meeting of January 9, 2018 was called to order at 3:10 P.M. in the chambers of
Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and
related materials were duly posted on January 5, 2018.
PRESENT: Mayor Tom Tait and Council Members James Vanderbilt, Kris Murray,
Denise Barnes, Jose F. Moreno, Lucille Kring, and Stephen Faessel.
STAFF PRESENT: Interim City Manager Linda Andal, Acting City Attorney Kristin Pelletier, and
Acting City Clerk Theresa Bass
ADDITIONS\DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
CLOSED SESSION:
At 3:11 P.M., Mayor Tait recessed to Closed Session for consideration of the following items:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Pech v. City of Anaheim, Orange County Superior Court Case No. 30-
2014-00739259
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Section 54956.8 of the Government Code)
Property: Assessor Parcel Numbers: 253-473-01 - 1200 S. Phoenix Club Drive, Anaheim,
CA 92806; 253-631-32 - 1200 S. Phoenix Club Drive, Anaheim, CA 92806;
253-631-39 - 1200 S. Phoenix Club Drive, Anaheim, CA 92806
Agency Negotiator: Greg Garcia, Acting Assistant City Manager
Negotiating Parties: Orange County Water District and City of Anaheim
Under Negotiation: Price and Terms of Payment
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Section 54956.8 of the Government Code)
Property: Assessor Parcel Number: 232-072-06 - 2626 E Katella Ave, Anaheim, CA
92806, Anaheim, CA 92806
Agency Negotiator: Linda Andal, Interim City Manager and Tom Morton, Executive
Director of Convention, Sports and Entertainment
Negotiating Parties: Anaheim Arena Management and City of Anaheim
Under Negotiation: Price and Terms of Payment
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Subdivision (b)(1) of Section 54957 of the California Government Code)
Title: Interim City Manager
5. 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
City Council Minutes of January 9, 2018
Page 2 of 15
At 5:21 P.M., the Anaheim City Council session was reconvened.
INVOCATION: Reverend Dr. Jim Schibsted, First Congregational Church of Anaheim
FLAG SALUTE: Council Member Kris Murray
At 5:24 P.M., Mayor Tait called to order the Anaheim Housing Authority meeting (in joint session
with the City Council).
ADDITIONS/DELETIONS TO THE AGENDAS:
Acting City Clerk Theresa Bass announced staff requested removal of Item No. 23 to be brought
back to Council at a later date and Council Member Faessel requested the continuance of Item
No. 24.
PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, a brief decorum
statement was provided by Acting City Clerk Theresa Bass.
Cecil Jordan Corkern, Outreach Homeless Ministries, read a passage from the Bible and spoke
regarding sexual animation in Disney films and predators employed by Disney.
R. Joshua Collins, Homeless Advocates for Christ, expressed concerns with the homeless
situation on the riverbed and suggested if the proposed clearing takes place, it could lead to
another lawsuit against the city. He alleged providing housing first would be less expensive to
taxpayers than criminalizing the poor and suggested putting the matter on the ballot to let the
public decide if they would like to have housing first in Anaheim.
Colin Womer, Drug Free Anaheim, reported the organization had 228 participants last year with a
10% drop-out rate. He added the average number of people getting into treatment is one per
day, reported working closely with many organizations to keep a drug-free Anaheim, and asked
that Council consider recognizing them in the future.
Katrina Ortiz spoke in support of the large vehicle ordinance.
Sal Ortiz spoke in support of the large vehicle ordinance.
William Fitzgerald, Home Owners Maintaining Our Environment, remarked on demographic
differences between the Anaheim population, the City Council, and the Police Department. He
referenced a report by the ACLU regarding police shootings and addressed donations by the
Police Union to Council members, accusing members of bias.
Mark Richard Daniels expressed hope for 2018, spoke in support of a Police Oversight
Committee, and regarding the need to solve the homeless issue. He urged Council to consider
affordable housing and the Al Fresco Garden project and work together to solve the city's
problems.
Leon Cisneros spoke regarding the increasing housing crisis in Anaheim, noting the lack of
affordable housing that leads to inequality, homelessness, and poverty. He urged Council to
pass an ordinance requiring apartment owners to give tenants two years before converting to
condominiums, give tenants a pre-emptive right to buy the units and prohibit the demolition of
buildings unless they build the same number of units as replacements, a temporary rent freeze or
increases tied to a regional, base CPI, pass an ordinance prohibiting landlords from passing on
the costs of capital improvements to tenants, implement robust protections against tenant
harassment, eviction protections, and transform poverty in the Resort area into a livable wage.
City Council Minutes of January 9, 2018
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Marcus Blackstone spoke in support of the large vehicle ordinance and shared he was in a
motorcycle accident involving a large vehicle.
Brandi Cain spoke in support of the large vehicle ordinance and reported finding hazardous
debris walking through various areas in the city.
Wes Jones spoke in support of restricting the use of electronic devices during Council meetings.
He referenced Operation Home Safe and the related triage day and asked for an accurate
reporting of the homeless getting off the streets. He reported it had been announced the riverbed
would be cleared out on January 22nd and opined this was not in the interest of the city. Although
he supported clearing the riverbed, there was nowhere for people to go and they would end up in
the flat lands of Anaheim and surrounding cities. He suggested setting up an emergency meeting
with the county to address the matter.
"The Cameraman" spoke about a private road behind the Anaheim Police Department, noting it is
for city employee vehicles only, but civilian vehicles use it as a public road to gain access to the
library parking lot from the Santa Ana Street entrance and pedestrians use it as a shortcut to get
between Broadway and Santa Ana Street. He questioned the private nature of public property
and why he was able to walk to the gates of the Anaheim Police Department and film officers
without being stopped. Additionally, he reported Police Officers do not wear their seatbelts while
requiring others to do so.
John Machiaverna, Boys and Girls Club of Anaheim, announced an event, "The Rock, Stock and
Barrel" on April 14, 2018, at Angels Stadium. He reported during the last six months at
Manzanita Park, they have served 6,500 individuals at their food distribution. Additionally, on the
forth Saturday of every month, The Hearst Family Foundation Medical Clinic has served over 250
people, free of charge. He reported, that since the Boys and Girls Club has been in Manzanita
Park, results of a survey by the Anaheim Police Department have shown that crime has
decreased by 30% in the park.
Yesenia Rojas thanked the Mayor for supporting the community and spoke about a traditional
posada held on December 23rd and thanked the city for its support. She thanked Council
Member Faessel for helping to make the event possible, as well as the Anaheim Fire Department
and Acting Police Chief Julian Harvey.
Arlene Bermejo, Anaheim High School student, thanked Mayor Tait, Council Member Faessel,
the Anaheim Fire Department, and Acting Police Chief Julian Harvey for their participation and
help in the traditional posada held on December 2314
Paulina Ventura thanked Mayor Tait, Council Member Faessel, the Anaheim Fire Department,
and Acting Police Chief Julian Harvey for their participation and help in the traditional posada held
on December 23rd and encouraged the city to continue its support for future events.
Lou Noble referenced the county's intention to clear the riverbed of homeless individuals and
reported he would be monitoring the matter to ensure there was no police harassment. He
distributed copies of a notice by Caltrans regarding the clearing, showing telephone numbers for
people to call for help. He reported the numbers were incorrect and warned of potential lawsuits.
David Duran addressed the power of people working together to accomplish good things. He
stated Council was elected to make the city of Anaheim a better place for everyone, but in terms
of homelessness, the problem has worsened. He noted everyone on the riverbed was equally
important as everyone who has a home and encouraged Council to do the right thing.
City Council Minutes of January 9, 2018
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John Dunton commented on the Anaheim Police Department's donation of toys and food for the
less -fortunate and Acting Police Chief Julian Harvey's personal delivery of them. He reported
working with the Anaheim Fire Department to help children living on Anna Drive and commented
positively on their participation. He commented on a rise in teen suicides and suggested the city
establish a suicide help line.
Vern addressed the influence of money on politics including by Disney, the Police Association,
and Poseidon. He expressed support for the prohibition of hand-held devices at Council
meetings. Additionally, as the homeless were cleared from the riverbed, he hoped the Anaheim
Police Department would curtail seizing the tents and property of the homeless.
Kenneth Batiste reported since the last Council meeting, five people living in the riverbed have
died. He reported Anaheim was number 16 in the world in terms of the worst problem with
homelessness and addressed low wages paid by Disney.
Mike Robbins reported he attended at The Longest Night, a memorial for the homeless people
who have died. He stated people were still homeless and urged Council to wait before removing
the homeless and noted criminalizing them only made the matter worse. He hoped Council
would support them by blocking their eviction from the riverbed and added that providing housing
first has an 83% success rate and hoped Council will fund projects to protect the homeless.
A female speaker referenced a property on 4412 E. La Palma Avenue, reported the new owner,
Lifeline Ambulance Company, has made modifications to the property without permits, including
demolishing old buildings containing asbestos and other toxins that have negatively affected
surrounding businesses. She reported Code Enforcement and Planning was advised, alleged the
owner's son was a drug dealer and was linked to Israeli Nationalists, and stated they overbill and
urged Council to investigate the matter.
A male speaker shared his background and his experience with alcoholism, drug addiction, and
homelessness, reported he has been sober for 26 years and has helped others in recovery, and
stated it affects all colors of people. He reported living out of his car and noted many others
doing the same.
Jeanine Robbins referenced an article in the Orange County Register regarding the proposed
clearing of homeless people from the riverbed and quoted Council Member Murray's comment
regarding it being for the benefit of everyone in the city. Ms. Robbins stated it was not for the
benefit of the 1,500 homeless individuals living on the riverbed, because there was no housing
and stated she would like to see documentation supporting Council Member Murray's statement
about how many people have been helped since the implementation of Operation Home Safe.
She addressed the Bridges at Kramer and noted it was not sufficient to help the increased
homeless population. She wondered why the city has not invested in "housing first" and felt the
resulting deaths associated with the proposed eviction will be on Council's hands.
Council Member Murray reported the numbers she cited in her comments were
based on public reports provided to Council. Most recently, 55 individuals were
helped into transitional housing resulting from the recent triage day. She thanked
Council colleagues who supported it and the city is working, collaboratively, with
several service providers, the county and neighboring cities, to get homeless
individuals into permanent, supportive housing. She added she looks forward to
developing solutions for expanding SB2 zones in the city.
Bryan Kaye addressed a policy approved by Council requiring the police to record incidences,
stating it had been five years and Council still did not share recordings with the public. He
alleged Council has lied to the public and urged Council to tell the truth by releasing recordings.
City Council Minutes of January 9, 2018
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Victoria Michaels wished Council a Happy New Year, reported attending triage day, and made
allegations about council members' actions. Regarding Item No. 22, she congratulated Council
Member Barnes for bringing it up, noting there have been people on Council abusing their
electronic devices during Council meetings, giving the perception that they are not paying
attention or are receiving information other Council Members may not be privy to.
Cynthia Ward wished everyone a Happy New Year and hoped everyone would set aside their
differences and work together for the good of the city. She questioned how the city can justify
having people living on the riverbed in terrible conditions, urged Council to do something to
alleviate the misery, and questioned whether there was a plan as to what the city will do with the
people being evicted from the riverbed.
Dr. Patricia Adelekan stated it takes a lot of courage to make a meaningful difference and
encouraged everyone to step up, particularly in regards to homelessness. She encouraged
everyone to watch a YouTube video regarding Dr. Martin Luther King, Jr.'s speech about the
three evils of society that will ruin it.
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Mayor Tait, in response to a public speaker, stated neither he nor his office had ordered the
Police Department to stand down on enforcement, which was confirmed by Acting Police Chief
Julian Harvey.
Council Member Kring showcased a video of the Police Department's "Target Shop with a Cop"
event to provide toys to local children.
CITY MANAGER'S UPDATE:
Interim City Manager Linda Andal announced several items: 1) park cameras were operational in
three city parks (Maxwell, Twila Reid, and Brookhurst) with posted signs in English and Spanish
and staff would continue to look for opportunities and funding to expand the camera project to
other parks in the city, including Ponderosa Park; 2) Planning staff was finalizing the
program/ordinance related to permit parking, oversize vehicles, and car sales and reviewing the
consultant's policy manual, which would be posted on the website for public review, with
anticipated presentation to Council in February; 3) Public Works was reviewing current policies
and practices regarding traffic calming, with a focused priority on schools and parks; and 4)
Sandra Sagert was temporarily appointed as the city's homeless representative and single point
of contact, in addition to continuing to serve as the Community Preservation Manager, and would
be working to continue existing strategies and practices throughout the city as well as in
preparation for the County's announced clearing efforts along the riverbed trail and development
of an over -arching program framework over the next several months.
At 7:00 P.M., the Council session was briefly recessed to consider the agenda for the Anaheim
Housing Authority, reconvening at 7:01 P.M.
CONSENT CALENDAR: Mayor Tait removed Item No. 13 from the Consent Calendar for further
discussion.
MOTION: Council Member Kring moved to waive reading in full of all ordinances and resolutions
and adopt the Consent Calendar as presented, in accordance with reports, certifications and
recommendations furnished each City Council Member and as listed on the consent calendar,
seconded by Council Member Murray. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council
Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried.
City Council Minutes of January 9, 2018
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B105 3. Receive and file minutes of Library Board meeting of November 13, 2017 and Public
Utilities Board meeting of November 15, 2017.
D116 4. Approve recognitions recognizing the Anaheim Public Library Bookmobile on its 60th
Anniversary, Servite High School on its 60th Anniversary, and Josh Vietti and Scott
Nelson who helped apprehend an attempted arsonist in Anaheim Hills.
5. Accept the lowest responsive bid from R&S Soil Products, in the amount of $44,400 plus
D180 sales tax, to provide mulch products for Public Works for a one-year period with up to four
one-year optional renewals and authorize the Purchasing Agent to exercise the renewal
options in accordance with Bid #9041.
6. Accept the bid from New Dimension General Construction, in the amount of $664,700, for
D180 the remodeling of the Anaheim West Tower (AWT) second floor interior spaces to support
AGR-
10933 the relocation of certain Community & Economic Development Department operations and
authorize the Purchasing Agent to issue a Purchase Order in accordance with Bid #9054;
waive the sealed bidding 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 amount
not to exceed $325,000 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 the sealed bidding 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 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 Community & Economic Development to execute
and administer the Cooperation Agreement (Anaheim West Tower Second Floor
Remodel) with Anaheim Housing Authority transferring Housing Authority funds to the City
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 $950,000, to cover costs associated with the remodel (continued from
Council meeting of December 5, 2017, Item No. 14; related to Housing Item No. 01).
7. Award the contract to the lowest responsible bidder, Spectra Company, in the amount of
AGR- $364,625, for the re -bid of Founders Park Phase 2, Mother Colony House Maintenance
10934 Restoration Project; determine the project is categorically exempt from the California
Environmental Quality Act pursuant to Sections 15301 (d) and (e) of Title 14 of the
California Code of Regulations and authorize the Finance Director to execute the escrow
agreement pertaining to contract retentions.
AGR- 8. Approve an agreement with PENCO Engineering, Inc., in an amount not to exceed
10935 $363,475, for the design of the Modjeska Park Underground Stormwater Detention and
Infiltration System Project.
AGR- 9. Approve the ARP-Loyalton Biomass Project Power Sales Agreement, in substantial form,
10936 with Southern California Public Power Authority, in the annual approximate amount of
$638,000, to procure electricity fueled by high fire hazard zones over five years to comply
with Senate Bill 859; authorize the Public Utilities General Manager, or his designees, to
City Council Minutes of January 9, 2018
Page 7 of 15
execute the Biomass Agreement and other agreements, including, collateral assignment
or power scheduling agreements, and prepare, certify, attest, execute, and deliver any
other related documents and take the necessary actions to implement and administer the
Biomass Agreement.
AGR -
10937 10. Approve the Biomethane Purchase and Sale Agreement with SoCal Biomethane, LLC, in
an amount starting at $2,700,000 annually for 20 years with an average escalation rate of
1.4%, for renewable gas fuel, which will be produced at a plant located outside of
Anaheim and will be used to generate renewable electricity; authorize the Public
Utilities General Manager, or his designee, to execute the Renewable Gas Agreement
and any related documents, and take the necessary actions to implement and administer
the Renewable Gas Agreement.
AGR- 11. Approve an agreement with the Orange County Sanitation District, in an amount not to
10477.1 exceed $802,000, for the design and construction of city facilities in conjunction with the
State College Boulevard Sanitary Sewer Project from Orangewood Avenue to the SR -91
Freeway.
AGR -
10939 12. Approve a Cooperative Agreement with the City of Orange, in the estimated amount of
$9,813,000, for funding, design, and construction for the Orangewood Avenue Bridge
Widening over the Santa Ana River and a water main for the City of Orange from State
College Boulevard to Eckhoff Street and increase the Public Works Department Fiscal
Year 2017/18 revenue and expenditure budget by $2,782,187 to reflect the funding
contribution from the City of Orange.
D175 14. RESOLUTION NO. 2018-001 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adopting the Central Anaheim Master Plan of Sanitary Sewers
December 2017.
P124 15. RESOLUTION NO. 2018-002 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. 12174 and 12176; public right-of-way
purposes).
Pilo 16. RESOLUTION NO. 2018-003 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM vacating public utility easement pursuant to California Streets and
Highway Code Section 8330, et seq. - Summary Vacation (ABA2017-00366;1800 East
Gene Autry Way).
R100 17. RESOLUTION NO. 2018-004 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a grant
application on behalf of the City of Anaheim to the California Office of Emergency
Services, for the 2018 Urban Areas Security Initiative (UASI) Grant Program and
amending the Police Department budget for Fiscal Year 2018/19 accordingly.
City Council Minutes of January 9, 2018
Page 8 of 15
Approve and authorize the City Manager to execute the Memorandum of Understanding
between the Cities of Anaheim and Santa Ana for the 2018 Urban Areas Security Initiative
Grant Program.
18. ORDINANCE NO. 6427 (ADOPTION) AN ORDINANCE OF THE CITY OF
c2so ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2016-00293; DEV2016-0042;312-400 South
Euclid Street and 1678 West Broadway) (Introduced at Council meeting of December 19,
2017, Public Hearing Item No. 45).
Determine that Reclassification No. 2016-00293 was analyzed pursuant to the
requirements of the California Environmental Quality Act and is covered by the Mitigated
Negative Declaration approved in conjunction of the project.
END OF CONSENT CALENDAR: 7:17 P.M.
AGR- 13. Waive Council Policy 4.1 and approve an agreement with AP Triton, LLC, in an amount
10939
not to exceed $140,000, for the development of an ambulance subcontracting feasibility
study and to implement an ambulance subcontract request for proposals and authorize
the Fire Chief to execute the agreement and take the necessary actions to implement the
agreement (continued from Council meeting of December 19, 2017, Item No 19).
Fire Chief Randy Bruegman explained that this item was an agreement for the development of an
ambulance subcontracting feasibility study and to implement an ambulance subcontract request
for proposals (RFP) and authorize the Fire Chief to execute the agreement and take the
necessary actions to implement the agreement. He reported that in November 2013, an
extension to the CARE contract was considered and direction was given for staff to return with a
process for bidding the ambulance contract. Staff found it prudent to solicit outside help in
development the RFP process and stay up-to-date with changes that have occurred during the
last ten years and determined AP Triton, LLC would be the best contractor to help with the
process. He stated if there were issues with waiving the Council policy pertaining to sole source
he would be comfortable proposing an alternative option and noted the importance of
understanding the value of the city's system so that staff may make a value judgement in writing
the RFP. Chief Bruegman concluded staff will return to Council with options in terms of writing
the RFP and the contract amount was $35,000, which could be absorbed into the existing budget.
DISCUSSION: Mayor Tait thanked Chief Bruegman, noting he was concerned about not having
an RFP process for the contractor but due to the amount it did not warrant going out for an RFP
for the consultant and expressed support for AP Triton, LLC. He suggested there should be a
workshop once the analysis was complete.
Council Member Murray noted there were various models for establishing an RFP process and
asked whether all models were being considered. Chief Bruegman stated he would recommend
doing away with private/public partnerships, adding the city has had a good relationship with the
current provider. He reported he was concerned about how the city was positioning itself in
addressing healthcare changes rapidly in the future and making sure the city was not leaving
revenue because the system has not been analyzed. He added in most areas, fire -based
provision of ALS transport was not cost-effective, as when it was coupled with a private vendor
for transport, it was a strong and robust system. He responded affirmatively in terms of
presenting the various financial models once the RFP was drafted.
City Council Minutes of January 9, 2018
Page 9 of 15
In response to Council Member Faessel's inquiry, Acting City Attorney Kristin Pelletier noted the
item was in a "not -to -exceed" amount of $140,000.
Council Member Moreno asked whether the city has an existing relationship with the consulting
group and Chief Bruegman reported reaching out to several colleagues with similar systems and
AP Triton, LLC kept coming up as a firm having a fire -based EMS perspective and a good track
record of working through issues from a fire -based perspective and a good outcome for the
jurisdictions in which they work.
MOTION: Mayor Tait moved to waive Council Policy 4.1 and approve an agreement with AP
Triton, LLC, in an amount not to exceed $140,000, noting the first phase would be for $35,000, for
the development of an ambulance subcontracting feasibility study and to implement an
ambulance subcontract request for proposals and authorize the Fire Chief to execute the
agreement and take the necessary actions to implement the agreement, 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.
D114 19. RESOLUTION NO. 2018-005 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adding Policy 1.9 to City Council Policy Manual relating to the manner
in which members of the City Council select and appoint a Mayor Pro Tempore
(prohibition on consecutive terms).
DISCUSSION: Mayor Pro Tem Vanderbilt reported requesting this item to get further clarification
as he felt the process of appointing a Mayor Pro Tem should be memorialized.
Mayor Tait spoke in support of the item and thanked Mayor Pro Tem Vanderbilt for bringing it
forward as he believed everyone should have the opportunity to be Mayor Pro Tem.
Council Member Murray commented on the position not being used for political purposes and
asked that, instead of limiting an individual to two consecutive terms, she suggested the decision
be made among those who are not up for re-election.
Council Member Kring agreed the position should not be politicized and stated she can support
the rotation of Council Members as Mayor Pro Tem so everyone has a chance at the position and
opined everyone up for re-election should not use the title.
Mayor Pro Tem Vanderbilt commented on the use of the term for endorsement purposes and
suggested limiting the chance for people to use the terms might be an over -reach.
Council Member Barnes saw no reason to not protect the title and stated her support.
Council Member Kring felt the Mayor Pro Tem title should not be used as a ballot title to avoid
confusion.
Council Member Murray agreed with protecting the integrity of the title and not use it for elective
purposes, but rather to represent Council and the city, in the absence of the Mayor, for
ceremonial purposes, and not for political gain and agreed to consider options for change.
Council Member stated he would reserve his comments for Item No. 20 and noted support for this
item.
City Council Minutes of January 9, 2018
Page 10 of 15
Acting City Attorney Kristin Pelletier reported the item has been agendized for prohibition on
consecutive terms and Item No. 20 was a discussion item to provide direction to staff.
MOTION: Mayor Tait moved to adopt RESOLUTION NO. 2018-005 A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ANAHEIM adding Policy 1.9 to City Council Policy
Manual relating to the manner in which members of the City Council select and appoint a Mayor
Pro Tempore (prohibition on consecutive terms), 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.
D113 20. Discuss and provide staff direction regarding a potential policy regarding the use of the
D112 Mayor Pro Tem title.
DISCUSSION: Mayor Pro Tem Vanderbilt referenced prior discussion on this item.
Council Member Kring suggested the Mayor Pro Tem title not be allowed in election materials.
Council Member Faessel asked whether Council should put off action on Item No. 21 until staff
has returned with a determination on Item No. 20.
Council Member Murray suggested Council Members eligible for a current election not be eligible
to serve as Mayor Pro Tem during that election year.
Council Member Kring stated since Council already discussed Item No. 19, she would have no
problem voting for Item No. 21.
Council Member Moreno suggested reviewing the use of any commissioner titles in elections as
those positions were fully appointed. He felt the use of titles was informative to voters and
speaks to experience and the confidence people may have in those running for election. He
stated he was not fully supportive of prohibiting the use of titles as that was useful to voters as
they want to know what a candidate has done. He added independent expenditures would not be
bound by Council's policies and stated, by definition, the process of running for office is political.
Mayor Pro Tem Vanderbilt felt the position of Mayor Pro Tem does not provide the truth in
advertising that other positions may and can be confusing to the public.
Council Member Murray agreed the office of Mayor Pro Tem can be confusing for many people
and reiterated the position is to represent Council and the city, in the absence of the Mayor. She
believed it should be up to the electorate to choose who represents them and up to the dais in
terms of who best represents the body, in a case-by-case basis. Additionally, she reported there
was an important distinction for the title of Mayor Pro Tem in its purpose, should be treated
distinctly, and suggested having the item come back to consider parameters.
Mayor Tait directed staff to provide a memo to Council and return with a future agenda item to
consider various options.
No additional action was taken on this item.
City Council Minutes of January 9, 2018
Page 11 of 15
D114 21. Nominate and appoint one Council Member to serve as Mayor Pro Tem for the 2018
calendar year (Continued from Council meetings of December 5, 2017, Item No. 24 and
December 19, 2017, Item No 42).
DISCUSSION: Mayor Pro Tem Vanderbilt expressed appreciation for the opportunity to serve as
Mayor Pro Tem during the last year.
Mayor Tait thanked Mayor Pro Tem Vanderbilt for his service and expressed his support of
Council Member Moreno for Mayor Pro Tem.
Council Member Kring expressed her support for Council Member Faessel as Mayor Pro Tem,
noting he was the top vote -getter in the last election and that was how the position had been
declared in the past.
Mayor Tait reported the position was not rotated, up until recently, but votes in one district cannot
be compared to those in another, as districts have differing numbers of registered voters.
Council Member Murray stated her support for Council Member Faessel as Mayor Pro Tem as
she feels the body should have a Mayor Pro Tem who galvanizes Council as a legislative body
and can represent the interests of the city, as a whole. She hoped if Council Member Moreno
was appointed Mayor Pro Tem, there could be a change in the dynamic.
Mayor Tait indicated Council Member Moreno was always respectful and disagrees strongly on
some positions, but he has done so, with respect and without meanness.
Council Member Kring expressed agreement with Council Member Murray, stated Council
Member Faessel would make an excellent Mayor Pro Tem, and reported Council Member
Moreno was very focused on helping his community, but as Mayor Pro Tem he would serve the
whole city.
Council Member Barnes felt voting results should not sway who was the best person or who
Council favored at this point in time. She noted all candidates worked hard and the number of
votes a candidate received does not mean one candidate is less or more than another.
Council Member Moreno acknowledged Council Member Kring's and Murray's comments and
stated no matter who was appointed, Council needed to figure out how to work best together. He
promised to be more mindful and focus on issues, and if he was fortunate to be appointed, he
looked forward to working with Council to address the major issues of Anaheim.
Council Member Kring reiterated previous Councils have decided the Mayor Pro Tem by
considering who received the most votes and she felt the person receiving the most votes should
be next in queue to be Mayor Pro Tem.
Mayor Tait noted, in the past, every Council Member was at large, so deciding by the number of
votes a Council Member received was appropriate. With the existence of districts, it cannot be
decided by the number of votes as comparisons would not be "apples -to -apples".
Council Member Murray agreed that it was important to have a robust and dynamic dialogue by
Council and hoped disagreements would be handled respectfully going forward.
MOTION: Mayor Pro Tem Vanderbilt moved to appoint Council Member Moreno for the position
of Mayor Pro Tem, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 4:
City Council Minutes of January 9, 2018
Page 12 of 15
(Mayor Tait and Council Members Vanderbilt, Barnes, and Moreno). NOES — 1: (Council
Member Kring). ABSTAIN — 2: (Council Members Murray and Faessel). Motion carried.
MOTION: Council Member Kring moved to appoint Council Member Faessel for the position of
Mayor Pro Tem, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 3: (Council
Members Murray, Kring, and Faessel). NOES — 1: (Council Member Barnes). ABSTAIN — 3:
(Mayor Tait and Council Members Vanderbilt and Moreno). Motion failed.
Council Member Moreno was appointed as Mayor Pro Tem.
D114 22• Review and discuss Council Policy 1.8 regarding the use of electronic communication
devices during City Council meetings and consider amendments related to the use of
only city issued devices.
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Policy 1.8 of the City Council Policy Manual relating to the
use of electronic communication devices during City Council meetings and rescinding
Resolution No. 2015-263.
DISCUSSION: Council Member Barnes stated she brought this item forward because people
have expressed concerns about the perception of Council Members not paying attention when
they use electronic devices during meetings. She noted the importance of listening to every
member of the public who speaks during Council meetings and thanked staff for its work on this
item.
Council Member Murray reported every Council Member commits time and energy and makes
tremendous sacrifices from family, jobs, and other commitments to serve. She stated there were
policies in place that limit the use of personal communications on the dais and the only change
she saw was that Council could only communicate with family members in cases of emergency,
to which she disagreed as certain non -emergency family communications could still be received
and Council Members could use discretion as to what is and is not an appropriate communication
to review and still be attentive to the meeting. She questioned why the expense of the City
providing devices to all Council Members was not listed in the staff report and stated this item
was duplicative and an unnecessary expense for the city, as personal devices were already
subject to review. Additionally, she reported, many Council Members use electronic devices to
access agendas and the public may be making assumptions that Council was not paying
attention when they are actually accessing pertinent information. She did not feel this was
necessary and stated she would not support the item.
Council Member Vanderbilt commented on Council Member Faessel being a copious note taker
and appreciated his help as well as appreciated having electronic devices to be able to look up
information regarding specific items being discussed. Although he appreciated the intent, he did
not feel the item gave the public 100% assurance that Council was paying attention.
Council Member Kring reported she writes everything down, prefers digital agendas, and noted
she pays attention to every person who speaks; and stated she could not support the item.
Mayor Pro Tem Moreno reported in relation to the Brown Act and Council's ethics training, it was
noted Council cannot communicate directly with the public outside of public comments and asked
for clarification.
City Council Minutes of January 9, 2018
Page 13 of 15
Acting City Attorney Kristin Pelletier indicated the Brown Act stated Council Members should not
do their own investigations and should rely only on information available and presented to the
body. Additionally, the public may text individual Council Members and if it was an important
topic for discussion that should be shared with the body, it should be, otherwise, there was no
transparency. She also explained if the item was a public hearing, Council must disclose ex parte
communications.
Mayor Pro Tem Moreno addressed legality vs. ethics and noted the perception of the public was
critically important. He expressed his support and thanked Council Member Barnes for bringing
the item forward.
In response to Council Member Murray, Ms. Pelletier reported there was existing law that if
personal devices were used to conduct city business, communications on that device are subject
to potential production under the Public Records Act. In terms of benefits to the public, it was to
ensure that the public receives all communications related to the public's business. She
encouraged the use of personal devices for personal matters and city -issued devices for the city's
business.
Council Member Murray reiterated there was already a policy in place limiting the use of personal
electronic devices during Council meetings, the current policy complies fully with the law, and the
proposed changes are duplicative.
Council Member Barnes reported brought this item forward was because of public requests,
noted the importance of public perception, and feared people would continue to comment on
Council members' usage of electronic devices during Council meetings.
Council Member Murray believed political oppositions should not be a reason to change Council
policy and reiterated her commitment to her job on behalf of the city.
Mayor Tait acknowledged there was a policy already, but felt the proposed modification made it
more respectful to the public as Council should be doing the people's business during Council
meetings and not engaging in personal conversations.
Council Member Murray reported existing policies address some of the concerns voiced by other
Council Members and accepted that Council Members are ethical and doing their jobs with
integrity and reiterated her belief this was an unnecessary overreach.
Council Member Kring stated in her 14 years with the city, she has never had anyone approach
her with complaints about not paying attention by using electronic devices.
Council Member Barnes suggested Council Members step out of the Chambers when needing to
attend to personal communications.
Council Member Murray stated Council should not adopt Council policy for every allegation made
against a Member of Council.
MOTION: Council Member Barnes moved to adopt RESOLUTION NO. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Policy 1.8 of the
City Council Policy Manual relating to the use of electronic communication devices during City
Council meetings and rescinding Resolution No. 2015-263, seconded by Mayor Tait. ROLL CALL
VOTE: AYES — 3: (Mayor Tait and Council Members Barnes and Moreno). NOES — 4: (Council
Members Murray, Vanderbilt, Kring, and Faessel). Motion failed.
City Council Minutes of January 9, 2018
Page 14 of 15
23. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM for exception to the 180 -day wait period in compliance with
Government Codes 7522.56 and 21224 (Capital Projects Manager).
Item No. 23 was removed from the agenda at the request of staff. No action taken.
8105 24. District 5 appointment of unscheduled vacancy on the Community Services Board for a
term ending December 31, 2020.
Community Services Board
District 5 appointment: (December 31, 2020)
(unscheduled vacancy, Laurie Leonard)
Item No. 24 was continued at the request of Council Member Faessel. No action was taken on
this item.
REPORT ON CLOSED SESSION ACTIONS: None
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Council Member Faessel addressed the County's plan to clear the riverbed on January 22nd and
stated staff would work and plan collaboratively to address possible impacts to the city,
announced Janis Heckel's retirement and highlighted her achievements during her nine years at
the city, thanked Public Utilities for the LED light installation at La Palma and Whittier, thanked
District 5 residents for donating over 250 pounds of pasta and sauce to Bruno Serato's pasta-
thon, reported his attendance at the Ponderosa Family Resource Center ribbon -cutting and
Orange County Family Justice Center graduation, and wished everyone a Happy New Year.
Council Member Vanderbilt announced the Love Anaheim and Anaheim Union High School
District Service Day on January 15th, Martin Luther King Jr. Day, and cited the need for additional
volunteers.
Council Member Barnes encouraged all to attend the homelessness meetings at the Downtown
Public Library, congratulated Council Member Murray on the success of the triage day and
requested a reporting of the numbers assisted and associated costs of the event and requested
the County and surrounding cities continue to work on solutions and additional shelters.
Mayor Pro Tem Moreno thanked Tim Houchen for organizing the local National Homelessness
Memorial ceremony; thanked Planning Director David Belmer and staff for organizing an
affordable housing roundtable discussion with developers, other organizations, himself, and
Council Members Barnes and Kring; announced the Black History Parade on February 3rd, the
MLK, Jr. service day on January 15th, and Coffee with a Cop at Starbucks near Vons on January
24th; and requested an agenda item for January 30th by the City Attorney addressing possible
legal recourses regarding costs and liabilities pertaining to the County efforts to remove the
homeless from the riverbed and potentially into the city limits.
Acting City Attorney Kristin Pelletier noted such information may be protected under
attorney-client privilege.
City Council Minutes of January 9, 2018
Page 15 of 15
Council Member Kring requested a proclamation honoring the opening of La Sirena, a new
Mexican restaurant at Katella and Walnut; reported the 5-0 vote by the Anaheim Elementary
School District (AESD) to approve Century Charter School as the operator of Palm Lane
Elementary; requested a proclamation honoring Anaheim Global Hospital for celebrating their 25
years as an OB center and birthing over 25,000 babies; announced the ribbon -cutting of the
Ponderosa Family Resource Center, the services provided there, and its open house scheduled
for January 27th; wished former Assistant Manager Kristine Ridge well on her move to Laguna
Niguel; announced the Black History Parade on February 3rd; and wished all a Happy New Year.
Council Member Murray congratulated the Palm Lane parents and thanked the AESD board for
approval of the school's charter; requested a memo citing the results of the triage day be posted
on the Operation HOME SAFE website, announced 885 contacts were made, over 640 services
were provided, and 55 individuals were helped into transitional housing, and thanked staff,
colleagues, providers, the County, and Orange Police Department for their assistance on that
day; thanked staff and residents for their prepared storm response and asked to close the
meeting in memory of those killed by mudslides in Montecito; requested a discussion item on
January 30th regarding marketing existing SB -2 zones for transitional housing, designating more
SB -2 zones, and potential costs to waive permit fees for service providers; congratulated Mayor
Pro Tem Moreno on his appointment; thanked staff and Kristine Ridge for their service over the
past year; and wished everyone a safe and Happy New Year.
Mayor Pro Tem Moreno suggested the discussion regarding SB -2 zones be incorporated
into the planned agenda item for the Homeless Policy Working Group's recommendations.
Mayor Tait thanked Interim City Manager Linda Andal for the report regarding the homeless and
the work to be well-prepared for the County's riverbed efforts; reported he would attend the U.S.
Conference of Mayors in Washington, DC and asked staff to schedule meetings with relevant
parties regarding homelessness and potentially un -tapped funding sources; and expressed his
pride in staff for their responses to the original fires and the recent storm.
Council Member Murray requested the city continue to work collaboratively with the County
regarding homelessness.
ADJOURNMENT:
With no further business before the City Council and without objection, Mayor Tait adjourned the
meeting of January 9, 2018 at 9:11 P.M. in memory of those who lost their lives in the Montecito
mudslides.
ully fitted,
sa as , CMC
Acting City C erk