04/24/2018ANAHEIM CIN COUNCIL REGULAR AND
REGULAR ADJOURNED MEETING OF APRIL 24, 2018
The regular meeting of April 24, 2018 was called to order at 3:00 P.M. and adjourned to 3:30 P.M.
for lack of a quorum. The regular adjourned meeting of April 24, 2018 was called to order at
3:38 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 April 20, 2018.
PRESENT: Mayor Tom Tait and Council Members Jose F. Moreno, James Vanderbilt,
Denise Barnes, Lucille Kring, and Stephen Faessel.
ABSENT: Council Member Kris Murray
STAFF PRESENT: Interim City Manager Linda Andal, City Attorney Robert Fabela, and Acting
City Clerk Theresa Bass
WORKSHOP:
User and Development Impact Fees
Interim City Manager Linda Andal introduced the item and stated the workshop was an
opportunity for the City Council to provide staff direction if there were any concerns with the
recommendations to allow staff to address said concerns prior to the budget adoption in June.
She further stated that staff has listened to Council Members individually and has worked
collaboratively to review studies and present a thoughtful recommendation. The
recommendations are fair, equitable, and in line with other cities. Ms. Andal reported the City has
not reviewed user and development impact fees in over ten years and they have remained static.
Staff reviewed each fee, quantified the cost of services, and determined the current shortfall the
City covers. Costs of services and improvements are outpacing the City's revenue increases and
the recommended adjustments will allow the City to continue to grow.
Finance Director Debbie Moreno presented the workshop and provided the results of a
comprehensive user fee study, a development impact fee study and next steps. She reported
that over the past year or so, the City undertook a comprehensive fee analysis to understand the
current cost of providing services. Historically, fee studies have varied by department, and the
current study allowed for an overall review of fee schedules across the board. The study allowed
the City to quantify the subsidized costs for all service areas as well as understand the level of
cost recovery for fee types that are usually set to recover the full cost of service. For example,
most recreation programs are generally heavily subsidized as there is community benefit to these
programs along with the individual benefit. On the other hand, fees for building permits are
generally targeted at full cost recovery as they have only individual benefit.
Most departments have not undergone a fee study for over ten years and annual changes to fees
have been limited. CPI has increased at a cumulative rate of 19% since 2008 and average full-
time labor costs have increased at 4% annually and Ms. Moreno noted a phased -approach to
increasing fees was most palatable and changes to bring fees to their appropriate levels may
occur over several years. A maximum 15% increase, but never more than the full cost of service,
was being contemplated. Over 1,400 fees were included in the study covering several service
areas and operations; 29% of the fees were validated to be at appropriate levels and are
proposed to remain unchanged; 14% represent additions or deletions and are the result of
aligning fee structures to current services; the remaining fees require increases or decreases to
set them at the appropriate levels.
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She addressed fees related to Community Services including facility rentals, Library, Police, Fire
and Rescue. She reported that Community Services are unlike other fee areas. Recreation
programs are typically heavily subsidized as there is community benefit to these programs along
with the individual benefit. Facility rental rates are based on market conditions. There are more
than 600 fees in Recreation. Approximately 60% of those fees are proposed to remain
unchanged, 15% are increasing, and 14% are being deleted or restructured to a different format.
The department proposes 70 new fees across four fee categories including fees for the new
Ponderosa Family Resource Center, swimming pool rentals, parking lot rentals, and a photo
permit fee at Oak Canyon Nature Center. The majority of the proposed fee increases are related
to facility rentals where rates are based on the market conditions, with the largest impact on
commercial usage. Library was not part of the User Fee Study because facility rentals are driven
by market rates. However, staff is proposing to move forward with their facility rental fees in
parallel with recreation facilities.
Ms. Moreno stated that for the remaining departments, fees were directly related to the cost of
providing the service. The study reviewed staff time spent on each fee -related activity or service
to determine the direct cost. Indirect or overhead costs were layered on top to determine the total
cost of providing the service. Overall, most fee areas generate less revenue than the actual cost
of providing services. Fees generally need to be increased to continue fully funding plan -check
and inspection services and it is not unusual to find that costs outpace revenues over time.
The Police Department is proposing increases to six of their 14 fees; almost half of the fees are
remaining unchanged or being reduced. The department is proposing two new fees- DUI vehicle
release and body worn camera recordings. Fire & Rescue fees include fire plan check and
inspection, false alarm, and first responder fees. 82% of Fire & Rescue fees are new or
increasing, while 18% are proposed to decrease, remain unchanged, or be eliminated. Of the
increased fees in Fire, over half are extremely low volume fees.
In response to an inquiry from Mayor Tait, Ms. Moreno reported 57% of existing Police fees are
being increased and distinguished between administrative fees and hourly fees. Additionally, in
response to Mayor Pro Tem Moreno's question, she compared fees with those of neighboring
cities.
Ms. Moreno continued with her presentation addressing City Attorney, City Clerk, and Citywide
copy fees. For fees collected by the City Attorney and City Clerk, most are set by outside
agencies. The City Attorney's Office is proposing no changes. Most of the City Clerk's fees are
related to records requests. Increases are proposed for notary fees and passport applications,
both of which are state or federally mandated. The City Clerk's proposed fee schedule includes
two new fees for lobbyist registration and late filing penalties. Fees for copy services have been
consolidated into one comprehensive model to provide for consistency across departments.
Ms. Moreno reported that the remaining fees were related to permits, plan -check, and inspection
in Building, Planning, and Public Works. These fees are directly related to development activity.
10% of Building fees are decreasing to keep in line with the cost of providing the service. The
remaining 90% are proposed to increase. One new fee is proposed for plan check services.
However, she noted that of the increasing fees, nearly 80% were extremely low volume fees.
Of the proposed fee changes in Planning, 24% are decreasing, 76% are increasing. Several
categories are being eliminated and nine fee categories are changing from a deposit to a flat fee.
Some examples of the new flat fee categories include a CUP with no construction, a Variance,
and the recently created Minor CUP. The charge to the customers will not vary significantly, but
will provide better predictability. Most fees are currently charged at an hourly rate; with the hourly
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rate proposed to increase from $181 to $195, an 8% increase which will put the hourly rate at full
cost recovery.
When comparing the proposed building fees of six common project types to the current fees of
Huntington Beach, Garden Grove, Orange, Tustin, Santa Ana and Fullerton, Anaheim fell in the
middle or bottom of the comparisons in all but one category. Anaheim fell in third place for a
single-family residence of 3,250 square feet. Ms. Moreno noted that these comparisons were
done with the proposed increases and the other cities current fees, therefore, Anaheim may end
up comparing even more favorably in the end.
In Public Works, 41 % of the proposed fees are decreasing or will remain unchanged. 59% of
fees are proposed to increase and there are two new fees proposed for operations plan check
and inspection.
Ms. Moreno provided a summary of the revenue potential of increasing fees no more than 15% in
Fiscal Year 2018-19.
Ms. Moreno presented the results of the development impact fee study including goals of the
study, modifying the City's current fee structure and reported moving forward, all development
impact fees would be assessed equally throughout the City, yielding a simplified fee program that
will be easier to navigate. She provided a summary of proposed changes, comparisons with
other Orange County cities, and the State's most populous cities. The proposed fee changes are
generally no more than 15% and in no case more than the full cost of providing the service. Staff
was still evaluating and fine-tuning fees that may change slightly as they continue to receive
stakeholder input. Staff will publically notice the proposed fee changes and plans to hold the
public hearing with the annual budget adoption on June 19, 2018. Additionally, staff is
recommending 60 to 90 days to fully implement fee changes to allow time to update materials
and clearly communicate these changes to the public.
DISCUSSION: Council Member Faessel referenced photo -permit fees at Oak Canyon Nature
Center and staff reported that fee is for photographers who come to the facility for events. In
terms of Park Development fees, and in keeping with the Quimby Act, the fee is based on
cost/per acre of development, multiplied by the City park standard (2 acres/thousand), multiplied
by the population per household. That figure, in Anaheim, works out to 3.226. If the City follows
that, based on current numbers, the amount would be approximately $21,000. Council Member
Faessel referenced the Platinum Triangle and asserted the City was not completely following its
own recommendation. Additionally, those park fees were development fees and do not cover
maintenance, upkeep, or staff. Staff confirmed those fees can only be used for new development
or enhancing existing park lands. Council Member Faessel hoped the City has included
individuals from the City's development community in public outreach and commented on
developments in the Platinum Triangle versus other developments in the City.
Mayor Tait reported Council met before on this matter and expressed concerns regarding
increasing fees greater than CPI. He noted large increases in per unit construction costs and
commented on its effect on building affordable housing. In response to his question regarding
total City revenues annually from existing fees versus from total proposed increases, Ms. Moreno
reported the increase would be $1.8 million annually, or 12.5%.
In reply to Council Member Vanderbilt's question, Ms. Moreno explained these were just user
fees and the City would not see the effects of increases in development impact fees until
somewhere down the line. In terms of the fee deferral program, Council Member Vanderbilt
reported fees are paid at the tail end of a development. He asked how increases in fees would
be calculated for developments that are already in the pipeline.
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Planning and Building Director David Belmer reported development impact fees were calculated
and assessed at the issuance of building permits until the final Certificate of Occupancy was
issued. He added other cities have fee deferral programs but may not be as aggressive as the
City of Anaheim. The deferral program was instituted during the recession and staff has
discussed revisiting the subject to consider different scenarios; all fees can be deferred except for
Fire & Rescue fees.
Council Member Vanderbilt commented on the possibility of removing the deferral program and
delaying increases in impact fees so that the City may generate revenue sooner without
increases for developers.
Mr. Belmer reported staff could review the subject but it might be complicated in that staff knows
the City's cost of money. In the developer community, it would be more of a variable, depending
on their cost of borrowing money and developers seek certainty. He added the data suggests the
City's development impact fees are not out of line with the market.
Council Member Faessel felt the City's fees must be fair and the development community needed
to know what they are, going in. He wondered where the City of Anaheim was relative to
surrounding communities.
Mr. Belmer clarified these were not impact fees, but rather building permit fees. They tend to be
smaller projects but are the City's bread-and-butter. Staff pulled out six representative samples
of what the City does, on a regular basis, and he provided building comparisons with the
proposed 15% increase, including building and plan -checks. Council Member Faessel asked
whether there was a similar scenario for impact fees.
Ms. Andal noted Ms. Moreno reported there are several Orange County cities that are reviewing
their fees and the numbers presented are as they currently stand. She added there are a few
cities considering full cost recovery.
Ms. Moreno reported the most -widely charged impact fees are park impact fees and the proposed
15% increase would place the City in the middle range compared to surrounding cities.
Council Member Faessel indicated he is a bit more open-minded to staff's recommendations,
considering the proposed increases seem reasonable in comparison to other cities and the
resulting increased revenue. In response, Ms. Moreno addressed transportation impact fees,
noting increases are proposed at 10% rather than 15%. She added Police and Fire & Rescue
impact fees are not as widely charged.
Ms. Andal reported staff was sensitive to adjusting City fees and noted staff was not
recommending changes to Police and Fire & Rescue developer impact fees.
In response to Mayor Tait's question, Ms. Andal reported residential rates are per unit.
In reply to Mayor Pro Tem Moreno's question regarding whether taxes paid by residents cover
services, Finance Director Moreno reported there are community services that all residents
expect equally, such as Fire and Police protection. There are optional community services that
will still be subsidized, but because there is individual benefit, those do not come from taxes, as
taxes will only go so far. Those services that have community benefits will be more heavily -
subsidized than services providing individual benefits. She added Police records requests and
information residents choose to obtain would have applicable fee requirements. Mayor Pro Tem
Moreno noted the two largest areas the City subsidizes are Police and Fire & Rescue and asked
regarding what was being subsidized. Finance Director Moreno reported the largest subsidies
were for paramedic services and certain inspections.
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Mayor Tait noted in both residential and commercial building, developers have no choice but to
get a fire inspection, so that fee is not a choice. Ms. Moreno stated that was why many instances
were still subsidized, because of the community benefit.
Mayor Pro Tem Moreno observed the City was recovering 60 cents on the dollar and asked who
pays for the 40 -cent subsidy. Finance Director Moreno reported it would be paid from
unrestricted tax revenues which could be used for any other purpose. There will still be areas
where staff recommends continued subsidies. She added three-quarters of costs in the General
Fund are for labor and benefits. User fees are based on employee costs to provide the service.
To the extent the City increases its user fees to cover the cost of service, there would be less
required from tax dollars; user fees can only be used to supply services. The purpose of user
fees is to allow the City more choices with its discretionary tax revenue. Mayor Pro Tem Moreno
stated he would find it helpful to know the extent to which other cities compare to Anaheim in
terms of building permits, construction of residences, and commercial investments.
Mr. Belmer noted there was development occurring in Huntington Beach and reported staff would
need to commission another study to determine whether their fees have had any effect on
development. Anaheim's approach has been to question whether the fees pass the basic test of
what is logical and reasonable as well as how to catch up. Staff must chart a course for strategic
incrementalism; moving towards full cost recovery. Mr. Belmer stated a 15% adjustment, at this
time, seems logical, reasonable, and sustainable.
Mayor Tait reiterated concerns about the proposed level of increased fees and opined fee
increases disincentivize development.
In response to Mayor Pro Tem Moreno's question, Ms. Andal agreed direction from Council would
help as the plan, following upcoming workshops, would be to present recommendations to
Council during budget adoption during the last meeting in June. She added the cumulative CPI
suggested increases of 19% but staff felt 15% would be reasonable.
Ms. Moreno confirmed that, generally, fees will not increase greater than CPI.
Mayor Tait requested a list of fee categories that have increases greater than CPI as well as new
fees.
Ms. Moreno reported most new fees are for new programs or facilities
Council Member Vanderbilt requested to further explore deferred fees
ADDITIONSIDELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS:
William Fitzgerald, Home Owners Maintaining our Environment, reported the City has provided no
information regarding the Anaheim Performing Arts Foundation and alleged there was something
wrong. He addressed it as a scam by a doctor in Anaheim Hills, with plans to obtain the Grove
Theater under the guise of a charity, and opined it looked like another giveaway to Disney.
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CLOSED SESSION: At 4:42 P.M., Mayor Tait recessed to Closed Session for consideration of
the following items:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Section 54956.8 of the Government Code)
Property: 2200 East Katella Avenue, Anaheim, CA 92806
Agency Negotiator: Greg Garcia, Acting Assistant City Manager
Negotiating Parties: Anaheim Performing Arts Center Foundation and City of Anaheim
Under Negotiation: Price and Terms of Payment for Lease of Property
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
California Government Code Section 54956.9: One potential case.
At 5:22 P.M., Mayor Tait reconvened the Anaheim City Council meeting.
INVOCATION: Pastor Ty Austin, The Rock Church
FLAG SALUTE: Council Member Denise Barnes
PRESENTATIONS: Recognizing Elmer Thill's 104th Birthday
Mayor Tait invited Elmer Thill and his family to the podium and recognized him on his 104th
birthday. Mayor Tait displayed a video of Anaheim High School Band students honoring Mr. Thill
on his birthday with a performance. Mr. Thill stated he has been in Anaheim a long time,
expressed his appreciation to the City, and played his clarinet in honor of those born in the month
of April.
Recognizing Anaheim Global Medical Center for 25 Years as an Obstetrics
& Gynecology Center
Scott Rifkin, CEO of Anaheim Global Medical Center, expressed his appreciation to Council and
the City for its support and recognition and introduced members of his staff.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Proclaiming April 8-14, 2018, as National Library Week
Library Communication Specialist Chloe Van Stralendorff thanked Council for proclaiming April 8-
14, 2018, as National Library Week. She addressed this year's theme and commented on the
services and resources provided by the Library.
Proclaiming April 2018, as National Poetry Month
Supervising Librarian Joe Purtell accepted a proclamation recognizing April 2018, as National
Poetry Month. He reported Anaheim residents value the shared experience of poetry and
commented on a recent poetry reading workshop held at the Library and an open mic night. He
announced an Evening with the Poets on Thursday, April 26th, at the Central Library and invited
Council.
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Proclaiming May 2018, as Water Awareness Month
Anaheim Public Utilities Business and Community Programs Manager Phil Hayes accepted the
recognition proclaiming May 2018, as Water Awareness Month. He spoke about the importance
of water conservation, addressed upcoming events, activities and programs, and thanked the City
for its recognition.
ADDITIONS/DELETIONS TO THE AGENDA:
Acting City Clerk Theresa Bass reported staff requested Item No. 20 be withdrawn from the
agenda.
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
about Disney animation and reports and films he is working on.
R. Joshua Collins, Homeless Advocates for Christ, encouraged everyone to give their lives to
Christ and reported on the recent assault of a homeless woman by gang members. He reported
he has tried to contact CityNet and has not received any response; suggesting the need for a live
person to address requests. He addressed the City's anti -camping ordinances, referenced a
lawsuit against the City, questioned whether Council accepts mistreatment of the homeless, and
urged Council to make changes before more lawsuits come to the City.
Mayor Tait asked the City Manager to contact CityNet to ensure his telephone call
gets returned. He directed Mr. Collins to speak with Police Chief Harvey to report
the information regarding the assault.
Carol Latham, President, Anaheim Arts Council, provided information regarding the group
including providing $53,000 in scholarships since 2004 for high school students graduating and
pursuing an arts -related education; providing $174,000 to organize the annual Children's Arts
Festival, continuing this year, on May 19`h; as well as other accomplishments, contributions,
events, and donations to the arts and art organizations. She stated, with deep regret, the Board
of Directors will start the process to dissolve the Anaheim Arts Council effective the end of
September 2018. She added this was the result of internal discussions and a review of other
mitigating circumstances, and offered to share the information, individually, with City Council, if so
desired. The final student scholarships will be distributed on May 3rd and limited funding will be
set up for two programs, with the remaining funds being distributed to member organizations after
expenses have been paid. On behalf of the Board of Directors, she thanked Council for its past
support and hoped the City will continue to support the arts.
Mayor Tait thanked Ms. Latham for the great work she has done throughout the
years, asked to set up meeting with Council in his office to discuss possibilities,
and noted the importance of the arts in the community.
Mayor Pro Tem Moreno indicated he would like to be involved in that conversation
as he has been working with a group regarding a public arts ordinance with
community members.
Mark Richard Daniels provided a brief history of the City and commented on the changes Mr. Thill
has observed in his lifetime. He wondered regarding the status of the Police Oversight
Commission that was approved, especially in light of recent incidents.
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Dr. Cynthia Smith, Program Director, Creative Identity, introduced her colleague, thanked Council
and the City for its ongoing support, and spoke about how the Anaheim Arts Council has
broadened the organization's connectivity with the City.
George Gilliam, Executive Director, Creative Identity, thanked Council to its hard work and
thanked the Anaheim Arts Council for their help and direction in terms of resources.
Mayor Tait stated he was surprised by the announcement and noted the need to
figure out a way for the Arts Council to continue, as the arts are essential to a city
and thanked representatives of Creative Identity for the good work it does.
Sergio Gonzalez spoke about the harmful effects of the minimum wage initiative and shared his
personal work experience to show how improving yourself was better than artificially inflating
wages. He opined the future should not be dictated by minimum wage and asked Council to
oppose the minimum wage initiative.
William Fitzgerald, Home Owners Maintaining our Environment, spoke about Disney paying
poverty wages to their employees while making billions in profits. He commented on specific
Council Members and their support of Disney and expressed support for the minimum wage
initiative.
John Dunton spoke about residents and police officers having confidence in Police Chief Julian
Harvey and commented positively on the community's support. He stressed that Council Member
Murray has not violated any campaign laws, suggested Council Member Vanderbilt let residents
know he is in the military, and thanked him for his service.
Todd Ament, President and CEO, Anaheim Chamber of Commerce, spoke in opposition of the
Anaheim job -killer initiative coalition and opined it will enforce an out -of -touch wage businesses
cannot afford. He stated entry-level jobs, designed to get people in and get trained, are not only
in the resort, but the resort was being singled out and hoped the City will understand the need for
the resort to deal privately with labor disputes. Mr. Ament alleged the initiative will have a
negative effect on existing and future development and will cost many jobs and urged Council not
to approve it.
Cleo Olson, Financial Educator, WSB Orange Financial Center, shared information regarding the
organization's national campaign for financial literacy. She announced April is Financial Literacy
Month, commented on the importance of financial education, reported her organization provides
free financial classes, and invited the City to join their campaign by allowing them to offer classes
to Anaheim residents and have them posted in community magazines. She quoted Governor
Jerry Brown on the importance of financial literacy.
Bob Donelson spoke about the minimum wage initiative and Council Member Murray's comments
regarding it during the last Council meeting. He stated the initiative does not apply to the entire
City and stressed the workers should get a piece of the pie. He referenced the study done and
noted workers were not making a living wage and cannot afford to live in Anaheim. The City has
given Disney many incentives and, Mr. Donelson opined, they should give some of that money to
their employees. He hoped Council will support the initiative and urged Council to consider
requiring living wages from companies receiving financial incentives from the City.
Artemis Bell, Disney employee, spoke about being proud of her job, shared her personal work
experience, and noted she was still unable to meet basic, living expenses. She reported she has
grown as a person and felt Disney should also grow as a corporation and one of the largest
employers in Orange County, in terms of how it treats its employees and how they receive
constructive criticism.
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Jeffrey Froehlich, union representative for Convention Center workers, spoke positively on their
working relationship with the City, commented on the need to provide living wages, and on
problems with retention.
Tim Schindler thanked Council and staff for their work and shared statistics reported by the
Orange County Office on Aging relative to population and disposable income and thanked
Council for its support of seniors. He urged everyone to work together in making the City a better
place to live.
Mayor Tait reported at its next meeting, Council will consider reaching out to
seniors to connect with one another through kindness and friendship.
Karen Stoyanoff expressed appreciation to Council for exhibiting kindness and respect to public
speakers. She referenced controversial issues and reported a growing hatred and viciousness in
the way the public was approaching them. She voiced concerns about how residents will live
together when there is so much hatred and anger expressed. She urged Council to join her in
thinking of ways the people can work together to resolve common issues and hoped the City of
Kindness will lead the move in the right direction.
Jeanine Robbins reported trying to contact CityNet regarding a homeless man who has had three
strokes, calling them twelve times, without a response. She shared another incident regarding a
high school student and his family who are homeless and living out of their car. She contacted
Mayor Pro Tem Moreno, who followed up and told her he received email confirmation from City
staff they were working with the Anaheim Union High School District to help the family and that
staff had reached out to the teacher who reported the problem. After speaking with him, the
teacher indicated he had not heard from anyone regarding the matter. After calling Mayor Pro
Tem Moreno again, she received a call from the teacher reporting Interim City Manager Linda
Andal had called to let him know staff was working on the matter. Ms. Robbins stated, in the
meantime, the family continues to live out of their car instead of receiving help.
Mike Robbins, Housing is a Human Right, spoke regarding requiring a living wage from
companies the City subsidizes, as Disney employees are living in the streets, in cars, or RVs, and
listed names of people who died in the streets in January 2018. He hoped the City will consider
increasing services to prevent adding names to the list.
Vern Nelson addressed those who are calling the living wage initiative, a job killer. Disney has
threatened that if they have to pay a living wage, they will not build the proposed, subsidized
hotels and, Mr. Nelson felt they are empty threats and if Disney will not build them, someone else
will. He sang a parody of "The Bear Necessities", in support of a $15 minimum wage.
"The Cameraman" distributed copies of a document to Council and shared an update regarding
two complaints he filed with the Anaheim Police Department. Additionally, he provided an update
on his request for an autopsy report determining whether a related incident involved a controlled
hold or excessive force.
Kenneth Batiste reported attending a County Board of Supervisors meeting and asking why,
when there are more billionaires in the country than any other time in history, there are more
homeless people than any other time in history. He shared statistics from the Orange County
Food Bank and commented on the increase of the working poor. He stressed that people need
working wages, as the lack of a livable wage affects children.
Lou Noble talked about the rich getting richer and the homeless paying the price more and more,
every year. He shared the experience of a friend who has cancer, whose wife is pregnant, and
has been living in the streets of Anaheim for years and stressed the need for living wages, rent
City Council Minutes of April 24, 2018
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contro,l and alleviating the problems of the homeless. He believed the anti -camping ordinances
were unconstitutional.
Grant Henninger hoped Council received his letter regarding Item No. 20 and thanked staff for
pulling it from the agenda, noting it needs additional work and attention. He expressed concerns
that, when Council is making important decisions, meetings are lasting until early morning hours
and reported studies have shown, when people work long hours, they make worse decisions than
when they do not. He opined Council is not doing its best work, when meetings last as long as
they do. He suggested making Council meetings shorter by starting meetings on time, providing
one opportunity for Council to provide comments to staff instead of two, and splitting public
comments between what is the agenda and on items not on the agenda.
Bryan Kaye commented on guns, lies, and deaths. He added that advancements were being
killed and hoped Council will consider advancements needed to survive.
Jill Kanzler, SOAR, spoke about supporting the Resort District because of the many benefits it
supplies to the community including job creation and tax revenues for the City. She reported
many positions are meant to be entry-level and provide opportunities for growth. She opined the
proposed minimum wage initiative will kill jobs that would help people move up in the industry and
create more jobs.
In response to Mayor Pro Tem Moreno's question, Ms. Kanzler reported SOAR
members do not pay dues but support the Resort District because it is the right
thing to do.
Denise Anderson, Disney employee, reported she has known people who have grown into other
positions at Disney, but she also knows people who just want to work every day for a fair wage
and are not interested in becoming managers but rather doing their jobs, receiving a livable wage,
and raising a family. She believed if Disney did not do the right thing on their own, they must do it
by law and urged Council to approve the minimum wage initiative.
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Council Member Kring showed a video regarding West Nile Virus, gave recommendations for
combatting mosquitos, and gave contact information for the Mosquito and Vector Control Board.
Mayor Pro Tem Moreno thanked speakers for coming to meetings and sharing their concerns and
ideas; shared concerns his office had received regarding rising rents, lack of landlord services,
and hardships experienced by residents; and expressed gratitude for the Sycamore Junior High
School teacher for helping a student, noting protocols between the City and school district
sometimes got in the way of certain actions but looked forward to working to correct the system to
more directly reach out to those in need.
Council Member Faessel recognized Anaheim Fire & Rescue Department employee, Elsa
Covarrubias, for being highlighted in Beyond the Badge magazine and asked Planning & Building
Department staff to assess State College Blvd. from Orangethorpe to Ball to evaluate land use
and maximizing potential.
Mayor Tait reported he had met with Community Services Director Larry Paso, Public Information
Officer Mike Lyster, and staff to bring forward an item regarding elder loneliness at the next
Council meeting.
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CITY MANAGER'S UPDATE:
Interim City Manager Linda Andal announced 110 applications had been received for the Police
Review Board; six members were selected by lottery by -district and one at -large with two
alternates for each seat who were undergoing background screenings followed by training; and
the first meeting was tentatively scheduled for early June.
CONSENT CALENDAR:
MOTION: At 7:25 P.M., 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, seconded by Council
Member Faessel. ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members Moreno,
Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. ABSENT —1: (Council Member Murray).
Motion carried.
B105 1. Receive and file minutes of the Library Board meeting of March 12, 2018.
2. Approve recognitions recognizing Mark Taul on his retirement and 50 years of service with
Disney; Safety Seat Checkup Week for Anaheim Global Medical Center (May 6 -12,
D116 2018); and Childhood Cancer Awareness Month (September 2018).
3. Approve the Investment Portfolio Report for March 2018.
D117
4. Award the contract to the lowest responsible bidder, Vido Samarzich, Inc., in the amount
AGR- of $478,991, for the La Palma Avenue Sidewalk Improvements Project along the south
11084 side of La Palma Avenue, 500 feet west of East Street to East Street and authorize the
Finance Director to execute the Escrow Agreement.
5. Accept the bid from Liberty Climate Control, Inc., in the amount of $975,000 plus a 20%
D180 contingency, for the replacement of the HVAC system, including chillers, cooling tower,
and controls, at Anaheim City Hall, and authorize the Purchasing Agent to issue a
purchase order, in accordance with Bid #9094.
6. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing
D180 Agent to issue a master agreement to Dave Bang Associates, Inc., in an amount not to
exceed $50,000, to purchase park amenities on an as -needed basis for the City for a one
year period with four one-year optional renewals and authorize the Purchasing Agent to
exercise the renewal options, in accordance with Colton Joint Unified School District Bid
#18-02.
7. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the Purchasing
D180 Agent to issue a purchase order to SICO America Inc., in the amount of $26,074 plus
applicable tax, for the purchase of replacement portable stage decks, and issue a
purchase order to Virco, Inc., in the amount of $20,240 plus applicable tax, for the
purchase of replacement chair parts, all for use in the Anaheim Convention Center.
City Council Minutes of April 24, 2018
Page 12 of 16
D180 8. Waive the sealed bid requirement of Council Policy 4.0 and ratify the purchase order to
Global Power Group, in the amount of $24,205.17, for emergency maintenance and repair
services to generators at various City locations.
AGR- 9. Approve Contract Change Order No. 1 with TE Roberts, Inc., in the amount of
10561.0.1 $499,957.26, for the Katella Avenue Water Main Replacement Project and authorize the
Public Works Director to execute the Change Order and any related documents.
10.
Approve an agreement with Concentra Medical Centers, in an amount not to exceed
AGR-
$235,789, to provide occupational health examinations and other services for City of
11085
Anaheim employees for a one year term with the option to renew for up to four additional
one year terms, for a maximum of five one-year terms, which will assist in the City's
compliance with Cal/OSHA and Department of Transportation regulations; and authorize
the Human Resources Director, or designee, to administer the agreement and any
subsequent renewals.
AGR -11086 11.
Approve a Professional Services Agreement, in substantial form, with eight consultants, in
AGR-
an amount not to exceed $400,000 per work order package and with a total contract
5403.B
amount not to exceed $1,000,000 per contract year per consultant, for on-call materials
AGR -11087
testing, deputy inspection, and environmental engineering and science services to support
AGR-
the Construction Services Division of the Public Works Department for a two year term
7144.B
with an option to renew for two two-year terms for each consultant; authorize the Director
1682E
of Public Works to execute each agreement and take the necessary actions to implement
AGR -11088
and administer the agreements; and authorize de minimus changes that do not
AGR-
substantially change the terms and conditions of the agreements, as long as such
8155.A
changes are determined to be de minimus by the City Attorney (AESCO, Albus-Keefe &
AGR -11089
Associates, Inc., Fenagh Engineering and Testing, LLC., Group Delta, Harrington
Geotechnical Engineering, LLC., Leighton Consulting, Inc., Ninyo & Moore, and SCST,
Inc.).
AGR- 12. Approve the Sewer Transfer Agreement with the Orange County Sanitation District
11090 conveying the 39" and 42" sewer pipe and appurtenant facilities located on State College
Boulevard to the City of Anaheim, and authorize the City Clerk to cause the agreement to
be recorded in the Office of the Orange County Recorder.
AGR- 13. Approve and authorize the City Manager to execute and administer the Second
5504.13.2 Amendment to Professional Services Agreement with Thirtieth Street Architects, Inc.,
extending the term for one-year beginning January 1, 2018 for continued on-call
architecture services to support the Community and Economic Development Department.
AGR- 14. Approve and authorize the City Manager to execute and administer Professional Services
10157.A Agreements with Fehr & Peers and Michael Baker International, Inc., each in an amount
not to exceed $100,000, for on-call engineering consulting services to support the
AGR- Community and Economic Development Department, each for a one year term beginning
11091 January 1, 2018 with two one-year optional extensions.
City Council Minutes of April 24, 2018
Page 13 of 16
AGR- 15. Approve and authorize the City Manager to execute and administer a Professional
11092 Services Agreement with JSPR, in an amount not to exceed $100,000, for on-call
communications and media relations services to support current and future economic
development needs for a one year term beginning January 1, 2018 with two one-year
optional extensions.
P124 16. RESOLUTION NO. 2018-045 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 No. 12203; 1710-1730 Anaheim Boulevard).
17. RESOLUTION NO. 2018-046 A RESOLUTION OF THE CITY COUNCIL OF THE
D175 CITY OF ANAHEIM authorizing the Director of Public Works or designee to submit an
application to the Orange County Transportation Authority under the Orange County
LocaWorksl Transportation Ordinance No. 3 for Funds for the Environmental CleanUp,
2018 Tier 1 Grant Program for Modjeska Park Underground Storm Water Detention and
Infiltration System Project and if awarded, authorizing the acceptance of such grant on
behalf of the City amending the budget accordingly and determining that these actions are
exempt from the California Environmental Quality Act (CEQA) pursuant to Guideline
Section 15303 ($500,000 in grant funds).
18. RESOLUTION NO. 2018-047 A RESOLUTION OF THE CITY COUNCIL OF THE
D182 CITY OF ANAHEIM modifying the Rates, Rules and Regulations, which do not materially
increase electric revenues, for the sale and distribution of electricity as adopted by
Resolution No. 71-478 and most recently amended by Resolution No. 2018-036 and
determining said actions are exempt from the California Environmental Quality Act
(CEQA) pursuant to Public Resources Code Section 21080 (b)(8) and Sections
15061(b)(3) and 15273(a) of Title 14 of the California Code of Regulations (modify Rule
No. 29 to replace the Green Power Program with the Solar Power Program for income -
qualified residential customers; discontinue an outdated energy allowance for electric
space heating and align rate incentives with conservation efforts; establish a
developmental non-domestic electric vehicle rate; and update formulas used to
compensate for -energy from generators of renewable energy).
19. ORDINANCE NO. 6436 (ADOPTION) AN ORDINANCE OF THE CITY OF
C280 ANAHEIM amending Chapters 18.06 (Multiple -Family Residential Zones) and 18.32
(Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code and
finding and determining that this ordinance is exempt from the requirements to prepare
environmental documentation per California Environmental Quality Act (CEQA)
Guidelines, Section 15060(c)(2) because there is no possibility that this ordinance may
have a significant effect on the environment (Zoning Code Amendment No. 2017-00142;
DEV2017-00075; to implement new Mid Density and Mixed Use General Plan land use
designations) (Introduced at Council meeting of April 10, 2018, Public Hearing Item No.
31).
20. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY
M142 OF ANAHEIM adding Chapter 6.43 to Title 6 (Public Health and Safety) of the Anaheim
Municipal Code relating to unmanned aircraft systems (drones) and finding and
determining that this ordinance is not subject to the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines
City Council Minutes of April 24, 2018
Page 14 of 16
because it will not result in a direct or reasonably foreseeable indirect physical change in
the environment and is not a "project", as defined in Section 15378 of the State CEQA
Guidelines.
Item No. 20 was withdrawn by staff. No action taken.
D114 21. Approve minutes of City Council meetings of July 25, 2017 and August 15, 2017.
END OF CONSENT CALENDAR 7:27 P.M.
22. Discuss and consider approving a resolution amending City Council Policy 1.6, to sunset
D114 in 6 months (November 24, 2018) relating to the process in which agenda items requested
by Council Members are presented on a future City Council agenda.
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Policy 1.6 of the City Council Policy Manual relating to the
manner in which members of the City Council may place matters on the agenda of a
regular City Council meeting and rescinding Resolution No. 2017-041.
Council Member Vanderbilt commented on items being requested by Council Members and felt
policy was best made when there was collaboration and consensus. When an item is first
presented, discussion can take place, and it is more likely there will be proposals that satisfy all
Council Members' interests as opposed to having one Council Member present it and have it be
an "all or nothing" proposition. He asked staff to develop a process to achieve this and noted the
proposal would be on a six-month trial basis.
DISCUSSION: Council Member Faessel expressed support for allowing Council Members to
agendize items through the City Manager's office but was not supportive of only agendizing items
that have initially -sufficient Council support. He noted all seven Council Members were elected to
serve the community and all seven should be allowed to place items on the agenda at any time to
discuss and debate them. He believed that only allowing items that have sufficient, initial Council
support on the agenda would hinder and prohibit minority members from having their issues
presented. He expressed support for City staff and hoped to explore other avenues to alleviate
staff fatigue but did not believe limiting individual Council Members' ability to bring agenda items
forward was a proper way to address it.
Council Member Kring agreed with Council Member Faessel and suggested limiting the number
of agenda items requested to one per meeting. She commented on the length of Council
meetings and noted the related effects of pulling Consent Calendar items from the Consent
Calendar agenda. She expressed opposition to the proposal, adding that robust discussions
were fine.
Mayor Tait expressed appreciation regarding Council Member Vanderbilt's intent in bringing the
item forward, noted there is a lot of work for staff to bring forward a resolution or ordinance, and
commented on avoiding wasted efforts. The idea was to debate a concept during initial
presentation and, with Council consensus, direct staff to proceed with the related work. He
agreed that having debate was healthy and stated he would not want to limit Council's ability to
place items on the agenda, but the proposal is for a six-month trial basis, could be re-evaluated
then, and Mayor Tait expressed his support.
City Council Minutes of April 24, 2018
Page 15 of 16
Council Member Vanderbilt acknowledged his colleagues' concerns, stated the idea was to have
an initial, robust discussion, and, if there was consensus, the item would be placed on the agenda
for the next meeting. He did not believe the process would limit members' ability to place items
on an agenda by following the two-step process. He asked if staff felt the process would save
staff resources.
Interim City Manager Linda Andal responded affirmatively and added when Council makes a
request, many times multiple departments work on that one item. She reported staff added an
exception in the staff report, that at the discretion of the City Manager, certain items would be
exempt from the two-step process, such as receive -and -file items or proclamations. Staff tried to
capture ensuring that those items with minimal work would be presented at the next Council
meeting and controversial items requiring direction,would go through the two-step process. She
explained the trial length could be shorter, but as Council meets only twice a month, it may not be
sufficient time to test the process. The matter would return to Council for further action and
direction at the end of the trial period.
Council Member Barnes felt the current process worked but asked if staff was concerned with not
having enough time to prepare for back-to-back meetings. Acting Assistant City Manager Greg
Garcia agreed back-to-back meetings were challenging for staff, but that was not the sole reason
for developing the proposed process.
MOTION: Council Member Vanderbilt moved to adopt A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM amending Policy 1.6 of the City Council Policy Manual relating to
the manner in which members of the City Council may place matters on the agenda of a regular
City Council meeting and rescinding Resolution No. 2017-041 for a trial period of four months
(sunsetting the end of August), seconded by Mayor Tait. ROLL CALL VOTE: AYES — 3: (Mayor
Tait and Council Members Barnes and Vanderbilt). NOES — 3: (Mayor Pro Tem Moreno and
Council Members Kring and Faessel. ABSENT — 1: (Council Member Murray). Motion failed due
to a tie vote; item continued to the next Council meeting, when Council Member Murray will be
present.
REPORT ON CLOSED SESSION ACTIONS: None
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Council Member Kring announced her attendance at the Boys and Girls Club gala on April 14tH
Muzeo gala last Saturday, and the WAND BBQ. She requested the meeting be adjourned in
memory of First Lady Barbara Bush and police officers and others who lost their lives in the line
of duty. Regarding SB -54, Sanctuary State/City, she invited others to join her in sending a
personal letter to Governor Brown expressing opposition and recommending Anaheim opt out of
the law. She also requested a proclamation honoring police retirements in May.
Mayor Pro Tem Moreno thanked over 130 donors who participated in the Police Department
blood and bone marrow drive; recognized the Anaheim High School dance production; thanked
the Library Foundation of their fundraiser luncheon and Finance Department staff for the Districts
3 and 4 budget meeting and encouraged residents to visit the website to review the budget and
make recommendations; reported his attendance at the Mann Elementary School tree power
program, WAND BBQ, AHUSD Third Steam-a-palooza, and Arab American Civic Council gala;
thanked staff for the Price Elementary PAL student tour of City Hall. He announced a Community
Services Department meeting regarding the open space adjacent to the Downtown Community
Center on April 26' at 6:00 P.M.; wished Daniel Quan, Mark Hudson, and Luke Seay at the State
City Council Minutes of April 24, 2018
Page 16 of 16
finals of National History Day; and congratulated AUHSD students on their acceptances to UCI
and wished all luck in deciding on their colleges. He requested a recognition of Alan Salgado as
the Orange County artist of the year for photography and a fiscal report regarding the proposed
initiative measure on the next agenda.
Council Member Barnes announced the Semper 5k/10k benefitting the 13th MEU at Riverdale
Park on May 19th and the 23rd annual Flag Day celebration. She thanked everyone for the WAND
BBQ, encouraged the community to vote for the community canvas art contest and requested the
participants and winners be recognized, and thanked the spouses of employees for their support
and sacrifices.
Council Member Vanderbilt thanked staff and the committee for their work on the WAND BBQ;
announced a community garden project on Saturday at 9:00 A.M. in the Brookhurst/Crescent
neighborhood in conjunction with OC Human Relations and the Cinco de Mayo festival at La
Palma Park; reported his attendance at a Walt Disney Elementary School Earth Day science lab
and thanked Jake Chou, a Dreamers and Doers participant, for his donation to the Magnolia
School District; and announced Youth in Government Day on Wednesday and recounted his
experiences as a Youth In Government participant.
Council Member Faessel requested a proclamation in May for Patty Hirohara; reported his
attendance at the Angels Baseball Foundation outfield literacy event, the Boys & Girls Club gala,
the Anaheim Public Library Mystery Luncheon, a tour of the Irvine Ranch Boy Scouts facility;
announced Scout -a -Rama on May 12 at Oak Canyon Park in Silverado; recognized Elmer Thill
for his 104th birthday; thanked those involved in the WAND BBQ and Muzeo event; and requested
the meeting be adjourned in memory of previous Public Utilities Water Services Assistant General
Manager Ed Alario.
Mayor Tait reported his travel to Sacramento with the "Big 11" Mayors to seek direct funding to
cities to address homelessness, announced a visit to Paul Revere School third grade class,
hosting a school group from South Bend, IN regarding kindness, thanked staff for Youth in
Government Day, announced he would speak at the Head Start National Convention, and
reported his participation in an event at Bottle Logic where the Untapped app recognized
Anaheim as the 4th highest city in the nation on their app.
ADJOURNMENT:
With no further business before the City Council and without objection, Mayor Tait adjourned the
meeting of March 6, 2018 at 8:13 P.M. P.M. in honor of Former First Lady Barbara Bush who
passed away last week; Sergeant Noel Ramirez and Deputy Taylor Lindsey who were killed in
Florida; two Northern California Law Enforcement Officers who were murdered; four people who
died in Nashville; the nineteen victims in Toronto and former Assistant General Manager of Water
Services Ed Alario who passed away recently.
Respec submitted,
Theresa Bass, C C
Assistant City Clerk