10-09-18_ActionTom Tait
Mayor
Dr. Jose F. Moreno
Mayor Pro Tem
District 3
Kris Murray
Council Member
At Large
James Vanderbilt
Council Member
At Large
Denise Barnes
Council Member
District 1
Lucille Kring
Council Member
District 4
Stephen Faessel
Council Member
District 5
200 S. Anaheim Blvd.
Anaheim, CA 92805
Tel: (714) 765-5166
Fax (714) 765-4105
www.anaheim.net
ANAHEIM CITY COUNCIL
ACTION AGENDA
OCTOBER 9, 2018
■ ORDER OF BUSINESS: Public sessions of all regular meetings of the City
Council/Successor Agency to the Redevelopment Agency/Housing Authority/Public Financing
Authority/Housing and Public Improvements Authority begin at 5:00 P.M. Public hearings begin at
5:30 P.M. unless otherwise noted. Closed sessions begin at 3:00 P.M. or such other time as noted.
Closed sessions may be preceded by one or more public workshops. If a workshop is scheduled,
the subject and time of the workshop will appear on the agenda. Not all of the above agencies may
be meeting on any given date. The agenda will specify which agencies are meeting. All meetings
are in the Anaheim City Hall, Council Chambers 200 S. Anaheim Blvd., Anaheim, CA 92805 or such
other location as noted.
■ REPORTS: All agenda items and reports are available for review in the City Clerk's Office,
the Central Library and www.anaheim.net. Any writings or documents provided to a majority of the
City Council regarding any item on this agenda (other than writings legally exempt from public
disclosure) will be made available for public inspection in the Office of the City Clerk, located at 200
S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805, during regular business hours.
■ PUBLIC COMMENTS: Prior to the business portion of the agenda, the City Council and all
other related agencies meeting on such date will convene in joint session to receive public
comments regarding any agenda items or matters within the jurisdiction of any such governing
bodies. This is the only opportunity for public input except for scheduled public hearing items. The
Mayor or chairperson will separately call for testimony at the time of each public hearing. The City
uses speaker cards that should be submitted to the City Clerk (Please note, speaker cards are not
required; everyone will have an opportunity to address the Council). The time limit established for
public comments is three minutes per speaker unless a different time limit is announced. Testimony
during public hearings is subject to the following time limits: Project applicant or issue initiator:
twenty minutes for initial presentation and ten minutes for rebuttal; Residents within the noticed
area of the subject property: ten minutes; All other members of the public: three minutes. Public
hearings regarding legislative matters: five minutes. The Mayor or chairperson may limit the length
of comments during public hearings due to the number of persons wishing to speak or if comments
become repetitious or irrelevant. Pursuant to Government Code Section 54954.2(a)(2), no action or
discussion by the City Council shall be undertaken on any item not appearing on the posted
agenda, except to briefly provide information, ask for clarification, provide direction to staff, or
schedule a matter for a future meeting.
■ ADDITIONS/DELETIONS: Items of business may be added to the agenda upon a motion
adopted by a minimum 2/3 vote finding that there is a need to take immediate action and that the
need for action came to the attention of the City or Agency subsequent to the agenda being posted.
Items may be deleted from the agenda upon request of staff or upon action of the Council or
Agency.
■ CONSENT CALENDAR: Consent Calendar items will be acted on by one roll call vote
unless members, staff or the public request the item be discussed and/or removed from the
Consent Calendar for separate action.
■ SERVICIOS DE TRADUCCION: (TRANSLATION SERVICES: SEE LAST PAGE OF
AGENDA FOR DESCRIPTION IN ENGLISH) La ciudad provee servicios de interpretacion al
espanol en las juntas del Consejo. La interpretacion simultanea al espanol se ofrece por medio del
use de audifonos y la interpretacion consecutiva (espanol a ingles) tambien esta disponible para
cualquiera que desee dirigirse al Ayuntamiento, declarando su peticion en el podio. No tiene que
usar los servicios de interpretacion de la Ciudad; las personas pueden proveer su propio interprete,
si to desean. Debido a que existen muchos dialectos y regionalismos, la Ciudad no puede
garantizar que los interpretes puedan traducir a un dialecto o regionalismo en particular y rehusa
cualquier responsabilidad que surja de tales servicios. Para servicios de interpretacion en otros
idiomas, comuniquese con la oficina de la Ciudad (City Clerk), cuando menos 48 horas antes de la
junta programada.
ANAHEIM CITY COUNCIL
ANAHEIM, CALIFORNIA
OCTOBER 9, 2018
3:00 P.M.
Call to order the Anaheim City Council. 3:05 P.M.
MEMBERS PRESENT: Mayor Tait and Council Members Moreno, Barnes, Kring, and Faessel.
Council Members Murray and Vanderbilt joined during closed
session.
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
City Attorney Robert Fabela announced Closed Session Item No. 1 related to a claim stemming
from a probationary dismissal.
Recess to closed session. 3:05 P.M.
3:00 P.M. - CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of the
California Government Code Section 54956.9: One potential case.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Jarret Young v. City of Anaheim, et al., Orange County Superior Court Case No.
30-2018-00966666-CU-OE-CXC
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California Government
Code Section 54956.9: Two potential cases.
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Orange County Catholic Worker, et al., v. Orange County, et al., USDC Court
Case No. 18 CV -00155 -DOC (KESx)
5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Section 54957 (b) (1) of the California Government Code)
Title: City Clerk
Reconvene the Anaheim City Council. 5:08 P.M.
5:00 P.M. 5:08 P.M.
Invocation: Niki Mazlomi, Local Spiritual Assembly of Baha'i Faith
Flag Salute: Council Member Kris Murray
2 October 9, 2018
Presentations: Recognizing Heather Fuller, Public Works Administrative Assistant, for her act of
kindness
Orange County Family Justice Center Update by CEO Tracy Theodore
Acceptance of Other Recognitions (To be presented at a later date):
Proclaiming October 21-27, 2018, as National Friends of the Library Week
Proclaiming October 2018, as Domestic Violence Awareness Month
ADDITIONS/DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS (all agenda items, except public hearing): 43 speakers
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Mayor Tait reported the city was working to get 200 emergency beds in place, followed by an additional
200 or more beds, and the documentation of the settlement would be completed soon. He requested an
agenda item at the next meeting to publically discuss the potential sale of property to Anaheim Arena
Management, including making appraisals public as soon as possible. He reported on the event today
recognizing Holocaust survivor, Mel Mermelstein, and thanked the Mermelstein family, the Kott family,
and Cornelia Connelly High School.
Council Member Vanderbilt shared his memories of Mr. Mermelstein and responded to certain public
comments related to William Fitzgerald and youth and senior programs. He also requested staff look into
comments concerning Bridges at Kraemer regarding permanent housing solutions.
Council Member Faessel recognized the 161St birthday of Anaheim, congratulated and welcomed John
Guastaferro as the new executive director of the Anaheim Community Foundation, acknowledged
Anaheim High School student Israel Rodriguez for designing a special Vans shoe to benefit the Next Up
Foundation, and requested the meeting be adjourned in memory of 38 -year, Anaheim employee Joseph
Bruce.
Council Member Barnes requested the City Manager expedite construction of a dog park at Maxwell
Park.
Mayor Pro Tem Moreno addressed the proposed dog park as part of the strategic plan for parks and
thanked staff for responding to a situation at La Palma Park and a local school. He expressed his
position on negative social media postings against Chief Bruegman and highlighted the Chief's
accomplishments, thanked him for his service, and announced his retirement celebration on December
15.
Council Member Kring acknowledged the service of Chief Bruegman; reported her attendance at the
League of California Cities meeting September 12-14, 2018; and, as president of the Mosquito and
Vector Control Board, encouraged residents to take actions to prevent West Nile Virus and other
diseases through wearing long clothing, using inspect spray with DEET, and removing standing water.
CITY MANAGER'S UPDATE:
City Manager Chris Zapata reported all departments have been working on homelessness and continue
to work with the Salvation Army towards temporary and permanent beds as well as with Bill Taormina on
his shelter proposal. He stated CityNet and the Police Department continue to coordinate outreach and
will continue to cite criminal activity. He shared the city was securing $3.6 million of State funding
3 October 9, 2018
earmarked for homelessness and the Council recently approved $400,000 of general fund dollars directly
to homelessness.
5:00 P.M. - CITY COUNCIL 8:01 P.M.
Items pulled for discussion:
Council Member Murray
Item No.
05
Mayor Pro Tem Moreno:
Item No.
10
Council Member Kring:
Item No.
11 and 15
Council Member Vanderbilt
Item No.
12
MOTION: LK/DB Waive reading of all ordinances and resolutions and adopt the consent
calendar. APPROVED VOTE: 7-0
CONSENT CALENDAR:
Receive and file minutes of the Public Utilities Board meeting of August 22, 2018.
2. Approve proclamations recognizing Extra Mile Day (November 1, 2018), Childhood Lead
Poisoning Prevention Week (October 21 - 27, 2018), and Mike Scioscia for 19 seasons as
Manager of the Angels baseball team.
3. Authorize an appropriation adjustment to increase the Police Department's revenue and
expenditure appropriations by $415,000 in fiscal year 2018/19 under the FY 2017 Urban Area
Security Initiative Grant for use in supporting the Orange County Intelligence Assessment Center.
4. Accept the bid from Alhambra Foundry Co., Ltd., in the amount of $82,885 plus applicable tax
and a 15% contingency, for the purchase of manhole covers and frames for a one year period
with four one-year optional renewals and authorize the Purchasing Agent to exercise the optional
renewals, in accordance with Bid #9182.
5. Approve a Canine Transfer Release and Agreement to Indemnify, Defend and Hold Harmless
with Officer Dale Miller authorizing the transfer of ownership of retired Police Service Dog
"Krieger'.
Item No. 05 Discussion. MOTION: KM/LK APPROVED VOTE: 7-0
6. Approve Master Agreements, in substantial form, with 19 contractors, in an amount not to exceed
$300,000 per work order package or request with no more than three open packages or requests
at any one time, for facility maintenance, repair, replacement and immediate response services
for a two year period with two additional two-year optional renewals, authorize the Director of
Public Works to administer, execute and take the necessary actions to implement the agreements
and authorize minimal changes that do not substantially change the term and conditions of the
agreements, as long as such changes are determined to be minimal by the City Attorney
(Academy Electric, Inc., Baker Electric, Inc., Cl Services, Inc., Corner Keystone Construction
Corp., FM Thomas Air Conditioning, Kourtis Industries dba Energy Management Solutions, M.
Brey Electric, Inc., Mako Overhead Door, Montgomery Hardware Co., Kent Dahlberg dba New
Dimension General Construction, Next Stage Engineering, Performance Abatement Services,
4 October 9, 2018
Inc., Right Angle Solutions., Inc., Seacore Industrial, Inc., South Coast Industrial Door, and
Sunbelt Controls, Inc., Tamang Electric, Inc., United Riggers & Erectors, Inc., and Thomas
International Company).
7. Approve two separate agreements with MGT of America Consulting, LLC, in the total amount of
$117,030, for the development of a citywide cost allocation plan and Senate Bill 90 claiming
services for fiscal years ending June 30, 2018, 2019 and 2020; and authorize the Finance
Director to take the necessary actions to implement and administer the agreements.
8. Approve a Software Services Agreement with Power Market Consulting, Inc., in an amount not to
exceed $77,000 per year, with a 3% annual subscription fee escalation and a 2% annual hourly
service rate escalation, for high voltage transmission database, software analytics and related
services for one year with four one-year optional extensions; and authorize the Public Utilities
General Manager, or designees, to execute the Agreement, and deliver any other related
documents and take all actions as are necessary or advisable to implement and administer the
Agreement.
9. Approve the First Amendment to Software License and Services Agreement and Order Form with
TIBCO Software Inc., in the amount of $2,710,330, that includes the first year of maintenance in
the amount of $524,580, and authorize annual maintenance renewals with a 3% escalator, for
utility system interoperability software and resolution of software license entitlement
discrepancies; and authorize the Public Utilities General Manager to execute the First
Amendment and Order Form and take necessary or required actions to implement and administer
the Software Licensing and Services Agreement dated May 18, 2010, as amended, and the
Order Form.
10. Approve the Second Amendment to Lease Agreement with Growth Opportunities Through
Athletics, Learning and Service (GOALS) extending the term to fifteen years with two five-year
optional renewals for access to city properties for enrichment opportunities including but not
limited to recreational, educational and community services to the youth within the Anaheim
community and associated with the operation of the GOALS Academy.
Item No. 10 Discussion. MOTION: JM/DB To continue to the October 23, 2018 Council
meeting. APPROVED VOTE: 7-0
11. Approve a License Agreement with Next Up Foundation to provide afterschool education and
youth skateboarding programs on a month-to-month basis at the Downtown Anaheim Recreation
facility and skate park located at 305 and 311 E. Broadway.
Item No. 11 Discussion. MOTION: TT/JM APPROVED VOTE: 5-2 (AYES: Mayor Tait and
Council Members Moreno, Vanderbilt, Barnes, and Faessel; NOES: Council Members
Murray and Kring). Motion carried.
12. Approve an agreement with the Orange County Flood Control District (District), adopting a
strategy to process encroachment permits allowing the City to design, construct and maintain
bikeways and trails on District maintenance roads throughout the City as funding becomes
available for an initial term of 10 years with automatic annual renewals thereafter for a maximum
of 40 additional years; authorize the Director of Community Services to execute the agreement
and any related documents, and take the necessary actions to implement and administer the
agreement; and determine that the agreement is not subject to CEQA pursuant to Sections
15060(c)(2), 15060(c)(3) and 15061 (13)(3) of Title 14 of the California Code of Regulations
5 October 9, 2018
because there is no possibility that these actions may have a significant effect on the environment
and because these actions do not constitute a "project" as defined in Section 15378 of Title 14 of
the California Code of Regulations.
Item No. 12 Mayor Tait declared a conflict and left the dais at 8:59 P.M.
Discussion. MOTION: JV/LK APPROVED VOTE: 6-0-1 (AYES: Mayor Pro Tem Moreno and
Council Members Murray, Vanderbilt, Barnes, Kring, and Faessel; ABSTAIN: Mayor Tait).
Mayor Tait returned to the dais at 9:02 P.M.
13. Authorize the Director of the Community Services Department, or designee, to act as the
Certifying Official authorized to accept the Fiscal Year 2018 Japanese American Confinement
Site Grant, execute all documents related to the administration and management of the grant
from the United States Department of Interior National Park Service, in the amount of $38,833, for
the Library Division; and increase the fiscal year 2018/19 revenue and expenditure appropriations
in the Community Services Department by $38,833.
14. RESOLUTION NO. 2018-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ratifying the submission of grant applications and the acceptance of grants on
behalf of the City of Anaheim for the Selective Traffic Enforcement Program (STEP) grant,
Pedestrian and Bicycle Safety Program grant and Child Passenger Safety Program grant, and
authorizing the Chief of Police to execute all required grant documents and amending the budget
accordingly ($649,000 in grant funds).
15. RESOLUTION NO. 2018-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM accepting certain deed conveying to the City of Anaheim certain real properties or
interests therein (City Deed No. 12233;ACQ2018-01037;1351 Disneyland Drive).
Approve an Encroachment Agreement with Walt Disney Parks and Resorts U.S., Inc. for a
pedestrian bridge over Magic Way adjacent to 1351 Disneyland Drive.
Item No. 15 Discussion. MOTION: LK/JM APPROVED VOTE: 7-0
16. Approve minutes of City Council meetings of May 15, 2018 and June 1, 2018.
END OF CONSENT CALENDAR 9:15 P.M.
17. Receive and file report on Measure L, the Anaheim minimum wage initiative, including: (1) who it
would apply to, if passed; (2) what impacts it would have on city staff to manage the initiative; and
(3) where Anaheim would fall in comparison to other California cities that have an increase above
the state minimum wage.
Item No. 17 Discussion.
Mayor Tait recessed the Council meeting at 10:39 P.M. and reconvened at 10:46 P.M
MOTION: LK/KM APPROVED VOTE: 7-0
6 October 9, 2018
18. Receive and file presentation outlining opportunities along the Santa Ana River.
Item No. 18 Discussion. MOTION: LK/KM APPROVED VOTE: 7-0
19. RESOLUTION NO. 2018-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM amending City Council Policy 1.5 relating to special event financial support.
Item No. 19 Discussion. MOTION: JM/TT APPROVED VOTE: 7-0
20. Receive and file report containing crime data including year-to-date, year over year, five and ten-
year analyses along with comparison information.
Item No. 20 Discussion. MOTION: LK/KM APPROVED VOTE: 7-0
Mayor Tait considered the agenda out of order, taking Item No. 22 prior to Item No. 21.
21. District 4 appointment of unscheduled vacancy on the Community Services Board for a term
ending December 31, 2020.
Community Services Board
District 4 appointment: Paula Schuerger (December 31, 2020)
(unscheduled vacancy, Lori Farrow)
5:30 P.M. PUBLIC HEARING: 11:51 P.M.
22. This is a public hearing to consider the extension of Urgency Ordinance No. 6445 adopting an
interim measure imposing a moratorium on the establishment of needle exchange programs
within the City of Anaheim.
ORDINANCE NO. 6446 AN URGENCY ORDINANCE OF THE CITY OF ANAHEIM
extending of Ordinance No. 6445, an interim measure of the City of Anaheim imposing a
moratorium on the establishment of needle exchange programs within the City of Anaheim, for a
period of 10 months and 15 days (A copy of the full text of the proposed urgency ordinance is
available for review in the Office of the City Clerk).
Determine that the urgency ordinance extending the moratorium on the establishment of needle
exchange programs is not subject to the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2), 15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines because it will
not result in a direct or reasonably foreseeable indirect physical change in the environment,
because there is no possibility it will have a significant effect on the environment, and it is not a
"project", as defined in Section 15378 of the State CEQA Guidelines.
Item No. 22 Mayor Tait opened the public hearing.
Public comment by 4 speakers.
Mayor Tait closed the public hearing.
MOTION: LK/KM APPROVED VOTE: 7-0
7 October 9, 2018
Report on Closed Session Actions:
City Attorney Robert Fabela announced for Closed Session Item No. 03 Council approved the initiation of
litigation to enforce breach of contract and lawful detainer. APPROVED VOTE: 6-0 (AYES: Mayor Tait
and Council Members Moreno, Murray, Barnes, Kring, and Faessel; ABSENT: Council Member
Vanderbilt).
Council Communications/Agenda Requests:
Council Member Murray requested the City Attorney return to the next meeting to address and include
the Gardenwalk and its businesses in his Measure L analysis as well as address the impact to
businesses if a court ruled that the bonds covered the entire Anaheim Resort district. She also
requested parameters related to needle exchange be developed to allow for city control to be presented
before the end of the year. Further, she requested information about hotel revenue at the next meeting
and the effects of hotels, both built and cancelled, based on the city's five-year forecast and estimated
net revenue.
Council Member Kring thanked the OC Auto Show for the event and for offering free admission to
Anaheim residents.
Mayor Pro Tem Moreno stated he attended several events over the last month and thanked staff for
attending and answering residents' questions. He announced a District 3 Community Meeting on
Tuesday, October 16 at the Native American Methodist Church and the December 15 retirement
celebration honoring Fire & Rescue Chief Randy Bruegman.
Council Member Barnes reported her attendance at a tour of Hope Center of the Arts and commended
them for their efforts and services. She thanked staff for their work at Maxwell Park and requested the
County provide more support for additional clinicians. She requested a Code Enforcement review of
campaign signs, to address their size, placement, removal requirements, and potential fines.
Council Member Vanderbilt stated he spoke with the Anaheim Small Business Association, including
about home occupancy permits. He requested Item No. 11 return to Council at the next meeting to
accommodate Council Member Kring's schedule; announced he met with the Anaheim Elementary
School District superintendent and Principal Moreno of Ponderosa School regarding parking and
circulation issues; he represented the city at the 12th Annual Health Fair; attended a traditional clothing
display of the Emanuel Romanian Church, and went to the Open Mosque Day hosted by the West Coast
Islamic Society.
Council Member Faessel reported his attendance at the Hope Center of the Arts and suggested working
together to help them find a new home. He reported his participation at the Anaheim Community
Foundation fundraiser at Dad Miller Golf Course, District 6 Coffee with a Cop, and Anaheim
Manufacturing Day at Reborn Cabinets. He announced Walk/Bike to School Day on October 10,
Congressman Correa's Hispanic Heritage Month event on October 13 at the Downtown Community
Center, a free concert to benefit the Leukemia and Lymphoma Society at Calvary Baptist Church on
October 10, the dedication of the Fassel Fitness Center at Anaheim High School on October 19, and
Oktoberfest at the Phoenix Club through the end of the month.
Mayor Tait, in relation to Council Member Murray's request, asked the budget analysis include
assumptions that visitors continued to visit Anaheim without hotels built. He reported his attendance at
the U.S. Conference of Mayors leadership meeting in Columbia, SC, on September 27-29, 2018.
Adjournment: 12:32 A.M. on Wednesday, October 10, 2018 in memory of Joseph Bruce.
Next regular City Council meeting is scheduled for October 23, 2018.
8 October 9, 2018
All agenda items and back-up materials are available for review at the Anaheim City Clerk's Office,
www.anaheim.net and the Central Library. Any writings or documents provided to a majority of the City
Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will
be made available for public inspection in the Office of the City Clerk, located at 200 S. Anaheim Blvd.,
2nd Floor, Anaheim, CA 92805, during regular business hours.
If requested, the agenda and backup materials will be made available in appropriate alternative formats
to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42
U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.
Any person who requires a disability -related modification or accommodation, including auxiliary aids or
services, in order to participate in the public meeting may request such modification, accommodation, aid
or service by contacting the City Clerk's Office either in person at 200 South Anaheim Boulevard,
Anaheim, California, or by telephone at (714) 765-5166, no later than 10:00 AM on the day preceding the
scheduled meeting.
TRANSLATION SERVICES: Spanish interpreting services are provided at City Council meetings.
Simultaneous Spanish interpretation is provided through the use of headsets and consecutive
interpretation (Spanish -to -English) is also available to anyone addressing the Council by stating your
request at the podium. The use of city provided interpreters is not required and persons are welcome to
use their own interpreter. Because many dialects and regionalisms exist the City cannot guarantee that
interpreters will be able to interpret into a particular dialect or regionalism, and disclaims any liability
alleged to arise from such services. For translation services in other languages, contact the City Clerk's
office no later than 48 hours prior to the scheduled meeting.
POSTING STATEMENT: On October 5, 2018, a true and correct copy of this agenda was posted on the
kiosk outside City Hall, 200 S. Anaheim Blvd. Internet Access to City Council/Successor Agency to the
Redevelopment Agency/Housing Authority agendas and related material is available prior to City Council
Meetings at www.anaheim.net.
9 October 9, 2018