07/31/2018ANAHEIM CIN COUNCIL REGULAR MEETING
OF JULY 31, 2018
The regular meeting of July 31, 2018 was called to order at 3:10 P.M. in the Chamber of Anaheim
City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related
materials were duly posted on July 27, 2018.
PRESENT: Mayor Tom Tait and Council Members Jose F. Moreno, Kris Murray,
James Vanderbilt, Denise Barnes, Lucille Kring, and Stephen Faessel.
STAFF PRESENT: Interim City Manager Linda Andal, City Attorney Robert Fabela, and Acting
City Clerk Theresa Bass
ADDITIONS\DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
CLOSED SESSION: At 3:10 P.M., Mayor Tait recessed to Closed Session for consideration of
the following items:
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California
Government Code Section 54956.9: One potential case.
2. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representative: Jason Motsick, Acting Human Resources Director
Name of Employee Organization: Service Employees International Union
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; Assessor Parcel Number: 253-601-02: 1621 S. Douglass Rd, Anaheim, CA
92806; Assessor Parcel Number: 253-521-16: 2695 E. Katella Ave, Anaheim, CA 92806
Agency Negotiator: Linda Andal, Interim City Manager
Negotiating Parties: Anaheim Arena Management and City of Anaheim
Under Negotiation: Price and Terms of Payment
4. 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
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: People's Homeless Task Force, et al., v. City of Anaheim, USDC Court
Case No. 8:18-cv-00642 DOC (KESx)
At 5:19 P.M., Mayor Tait reconvened the Anaheim City Council.
INVOCATION: Father Bill Cao, St. Anthony Mary Claret Catholic Church
FLAG SALUTE: Council Member Denise Barnes
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PRESENTATIONS:
Recognizing Bottled Water Label Art Contest Winners
Anaheim Public Utilities Business & Community Programs Manager Phil Hayes spoke about the
art contest program and introduced the winners: Elizabeth Calvillo, First Grade Student, Lincoln
Elementary School, and Zoe Lee, Fourth Grade Student, Acaciawood School.
ADDITIONS/DELETIONS TO THE AGENDA:
Acting City Clerk Theresa Bass announced the appellant for Public Hearing Item No. 30
requested the public hearing be continued to August 14, 2018.
PUBLIC COMMENTS (all agenda items, except public hearings): Prior to receipt of public
comments, a brief decorum statement was provided by Acting City Clerk Theresa Bass.
Cecil Jordan Corkern, Outreach Homeless Ministries, commented on sex trafficking in the Google
search of the names of the girls on Disney Channel, pornography, and the publishing of his Bible
magazine, "One Law, Holy Law".
R. Joshua Collins, Homeless Advocates for Christ, reported he has been evicted from one of the
rooms in his church where he had living and ministering due to Code Enforcement rules and
opined that infringed on personal liberties. He requested a letter from Council and Code
Enforcement indicating the case against the church would be closed and for the City to show
grace.
William Fitzgerald, Home Owners Maintaining Our Environment, alleged Disneyland and City
Council were attempting to stop free speech by making false, criminal charges against those who
speak against Disneyland at Council meetings. He referenced comments made at a previous
Council meeting and an alleged interaction that occurred afterwards in the parking lot.
Mayor Tait commented on false statements made by Mr. Fitzgerald and noted the
importance of free speech and decorum, even if disregarded by speakers.
Council Member Murray reported the statements were false and inflammatory.
Mayor Pro Tem Moreno noted the articles referenced by Mr. Fitzgerald do not
address the claims he made.
Dr. Cynthia Smith, Creative Identity, spoke in support of the Community Service Board's
recommendation for funding for the CDBG grant and reported there has been a rate freeze since
2003 by the State of California in terms of funding for programs for adults with developmental
disabilities. She distributed copies of a letter by Assemblyperson Chris Holden trying to get
emergency funding for day programs such as Creative Identity. The emergency funding bill
passed, but it will take a number of years before providers get the money. She thanked the City
and Council for its past support.
Mike Hadley referenced an article from June 29, 2018 discussing his daughter who was arrested
by the Anaheim Police Department twice but was exonerated. He reported handing reports to the
Anaheim Police Department where he was recorded and told the report was not going to be
submitted to Internal Affairs. He distributed copies of the reports for Council to review and
demanded return of his daughter's phone, iPad, and laptop. He noted reporting the issue to
Council at a previous meeting and stated he has not received a response.
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Kandee Beas, Community Services Board Chair, offered to respond to questions from Council on
the process used to choose non -profits recommended for CDBG funding (Item No. 18).
Benita Gagne referenced Item No. 24 and asked Council to vote "no" and keep Brookhurst Park
as large as it currently is, without modification. She asked Council to be consistent with the City's
General Plan Parks Plan and not set a precedent that would allow any non-profit to request park
land in the future. She expressed concerns with diminished views and the elimination of trees
and suggested other sites in the general area available for rent or sale.
Jerry Amante, Executive Director, Anaheim/Orange County Hotel and Lodging Association,
referenced the living -wage initiative, noting it would have a substantial impact on the entire
economy and on the members of his organization. He stated, as this item goes to the ballot, the
City must provide as much information to voters so that the electorate can make a meaningful
decision. He opined the measure was vague and does not provide the information needed,
including the level of the proposed wage.
Gloria Ma'ae felt Brookhurst Park should remain as it currently existed, agreed with Mr. Amante's
comments regarding the living -wage initiative, and commented on the importance of maintaining
civility. She added those who speak at the podium should do so with respect and honor and think
about how others in the room are being impacted.
Jill Kanzler, SOAR, reported she was not a Vice President at Disneyland and stated SOAR was
opposed to the minimum wage initiative as they believed it would hurt businesses, stop
development of future hotels, and negatively impact funding and services supporting the citizens
and neighborhoods of Anaheim. The organization believes negotiations over wages should occur
at the bargaining table and not at the ballot box. Ms. Kanzler urged Council to revise the ballot
language and clarify what the initiative will entail and how much the minimum wage will increase.
Dale Vornholt spoke about negative impacts from the homeless at Maxwell Park; noting her home
and yard have been vandalized, she has had items stolen from her yard and mailbox, and
reported the situation has not improved. She addressed the homeless population in the park,
trash, and people sleeping on benches and urged Council to help.
Mehmet Murat Merac spoke in support of Item No. 24 and commented on the great services
provided by Access California Services.
Sama Wareh, Environmental Studies Professor, Cal State Fullerton, spoke in support of Item No.
24, noting the proposed site was a perfect location for Access California Services. She noted
trees were important but reported having a family resource center that promotes environmental
education was also important. She commented on the importance of transportation and opined
the site will facilitate access by clients who have none. Ms. Wareh addressed the importance of
looking at all sides of an issue and reported locations lacking a family resource center had a
higher crime rate and disengagement from the community.
June Hamze urged Council not to give City parks away, stating Anaheim will spend $830,000 for
improved parks but wondered where the money went. She spoke against Item No. 24 and asked
Council to save the parks for the children. Ms. Hamze further expressed concerns with people
sleeping in the streets and other behaviors by homeless people in her neighborhood.
Jodie Mosley spoke in opposition to Item No. 24 and commented on the lack of park space in
west Anaheim. She expressed concerns about the decline of the area.
Jack expressed concerns with the increasing number of homeless in west Anaheim. He reported
his coaches have been threatened at Maxwell Park and one was physically assaulted. He stated
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he is afraid to ride his bike for fear it will be stolen and reported two years ago West Anaheim
Little League terminated practices at Maxwell because of public safety concerns.
Heather Porretta spoke in opposition to Item No. 24 and commented on deteriorating conditions
at Maxwell Park. She commented on the lack of park space and on parks being for recreation
services. Ms. Porretta reported researching Access California Services, noting they to good
work, but do not offer recreation services and would not be appropriate at Brookhurst Park. She
addressed the growing blight in west Anaheim and urged Council to do something to address
homelessness.
Lamar Hanger, Southwest Regional Council of Carpenters, offered his thoughts on the language
in the living wage initiative and felt it was important that voters know the facts about the initiative
through a clear ballot question and the amount of wages.
Erica Lizarde spoke about the declining conditions of parks in west Anaheim. She reported
neighborhood frustration and urged Council to invest in parks and divert resources into cleaning,
updating, and maintaining parks to increase safety and deter criminal activities. In addition, she
asked Council to allow soccer leagues to play in west Anaheim parks and voiced opposition to
Item No. 24.
Holly Hagler, CEO, Seniorserv, thanked Council for supporting seniors in Anaheim through
CDBG funds and for being the first city in Orange County to join AARP Livable Communities.
She listed services provided by her organization and read a letter of thanks from one of their
service recipients. Additionally, she reported they operate two adult daycare centers providing
medical daycare to at -risk seniors and thanked Council on behalf of her friend, for supporting the
Acacia Daycare program.
Ernesto Medrano, Los Angeles and Orange County Building and Construction Trades Council,
referenced Item No. 26, opined the ballot measure was vague and ambiguous, and urged Council
to clarify the ballot question for increased transparency so voters can make an informed decision.
Bill Samp opposed Item No. 24, noting the City lacks sufficient park space and parks should be
used for recreation. He feared giving away park land would set a bad precedent where other
non -profits will ask for similar benefits and noted there were existing structures that could be used
by Access California Services.
Patrick Pepper, SOAR Executive Advisory Group, spoke in support of Item No. 26, noting the
existing was is ambiguous and should be modified for increased transparency and to allow voters
to make an informed decision. Mr. Pepper claimed minimum wages were never meant to support
a family, opined the measure would make the City Manager an administrative law judge and
would hurt businesses in the City, and claimed UNITE HERE has cost the City millions of dollars.
Natalie Meeks referenced Item No. 26 and asked Council to provide enough information on the
ballot so voters can make an informed decision. She voiced support for residents of west
Anaheim and noted it was sad to see the area continue to deteriorate.
Burt Winer spoke in support of Access California Services (Item No. 24) and noted they can help
seniors and youth in establishing a positive track for their lives, which will help combat the
homeless situation in the City.
Tracy Urueta spoke in opposition to Item No. 24 and submitted a petition against giving away
park land. She noted the majority of people participating in the surveys felt more parks were
needed in the City. She listed services provided by Access California and noted none related to
recreation.
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Rafea Alhattab spoke in support of Item No. 24 and the services provided by Access California.
Nahla Kayali, Executive Director, Access California Services, thanked the City and Council for
their support and help in finding a new home. She urged Council to reconsider their expansion at
Brookhurst Park and noted Access California was committed to promoting the well-being and
healthy development of the community as the proposed project will unite families and offer
programs and recreational activities for the community. Ms. Kayali addressed a petition of 425
signatures in support of the project.
Karen Stoyanoff, Unitarian Universalist Church, spoke about the minimum wage initiative and
shared a case of a family of four who cannot afford for the adults to eat everyday otherwise they
would not have the money to buy food for the children. She opined this was a problem of morality
and not a financial issue and urged Council to be generous in making a choice about the
measure.
Valentina Purtell, Provost, North Orange Continuing Education, spoke in support of Access
California Services, noting they provide comprehensive social services, education, and socio-
emotional support for immigrants, refugees, and people of all backgrounds and accelerates their
integration into the community. She reported her organization has been a proud partner of
Access California for over a decade.
Tyler commended Access California for the services they provide but spoke in opposition to Item
No. 24, noting there was a lack of park space in west Anaheim. He reported Brookhurst Park
was heavily used by children and families on weekends and they need the open green space.
With respect to Item No. 25, he reported he was heavily affected by the homeless situation at
Maxwell Park, noted people sleeping in cars and debris, and urged Council to help the residents
of west Anaheim.
Lou Noble commented on the backlash of the riverbed community that was evicted, noting the
City still does not have the resources needed to address the problem. He referenced Al Fresco
Gardens as a solution that could be quickly implemented.
Nancy Davis stated many living in their RVs have nowhere to go and she was worried that she
has no place to park her RV. She referenced comments made by a member of the public
complaining about people living in RVs during a prior Council meeting and stated she was not
truthful in her statement.
Mark Whisenant reported many people who live in RVs are disabled, are having a tough time
making ends meet, and have no other place to go.
Nancy VanValkenburgh reported receiving two citations in two days, others have also been
ticketed, and felt there was not enough warning and no signs posted. She noted that no large
trucks were ticketed and only RVs belonging to the homeless were. She believed this was an
attack on the homeless and stressed that something needed to change.
Shawndra Schmitz reported receiving various citations, was suffering from a terminal illness, and
stated she has no other place to go with her RV.
Alma Marquez, Director of Programs, The Multi -Ethnic Collaborative of Community Agencies
(MECCA), addressed the organization's mission and expressed support for Access California
Services and Item No. 24. She noted it would be an asset for the City, providing resources and
recreational opportunities for a healthy community in one of Anaheim's most -impacted
neighborhoods. She listed services they will provide and noted having the family resource center
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at Brookhurst Park will help with transportation costs and savings can go towards helping more
members of the community.
Duane J. Roberts spoke in support of Access California Services' proposal to build a family
resource center at Brookhurst Park (Item No. 24). He referenced several surveys conducted
which showed the majority of residents welcome Access California's presence as residents want
after-school programs and outdoor activities, English classes and employment services that will
help them get better -paying jobs, and citizenship classes. In terms of the green space where the
center was proposed, Mr. Roberts reported it was not used, was unsafe for children, and the
traffic noise can be unbearable. Mr. Roberts added the Anaheim Parks Plan made it clear that a
family resource center was badly needed in west Anaheim and he urged Council to unanimously
approve the proposal.
Annie Park, Public Relations Director, International Youth Fellowship, invited Council to
participate in their 2018 World Camp Mayors' Forum on August 15, 2018 in Long Beach, at the
Terrace Theater. Prior to that, The World Camp will be held at the Anaheim Hilton from August
11th — 15th. She listed the organization's work and accomplishments in preparing the next
generation of leaders and distributed invitations to Council.
Trevor O'Neil referenced Item No. 26 and urged Council to support the alternative ballot
statement language as proposed by Council Member Murray. He opined the existing ballot
statement was vague and lacked specificity. In terms of Item No. 26, he believed it was a good
governance measure that promoted transparency and accountability for taxpayer dollars and was
necessary so voters can make an informed decision.
"The Cameraman" referenced comments made by Mr. Fitzgerald and addressed possible
repercussions from false accusations. He addressed comments regarding safe and sane and
illegal fireworks by Council Member Kring at a West Anaheim Neighborhood Development
(WAND) Council meeting. He congratulated the new Police Chief and wished his own mother a
happy birthday.
Council Member Kring stated requested to speak briefly at the WAND meeting and
then left because she had already heard the presentations given.
Judi Gollette, West Anaheim Neighborhood Development Council, shared the work and
accomplishments of the Council and spoke about the lack of park space in the area. She stated
the community needed to use the parks and children needed space to play. She urged Council
not to give away any more park land and asked Council to deny Item No. 24 and work to increase
the number of parks on the west side. She referenced petitions and letters sent to Council about
this issue.
David Klawe requested a report on the status of permit parking applications, spoke in support of
Item No. 26, and urged Council to approve the proposed alternative language to the ballot
statement. In regards to Item No. 24, he believed there were other options for Access California
Services to consider besides the open space at Brookhurst Park. He referenced Item No. 25 and
noted increased criminal active on sidewalks by the homeless.
Wes Jones, Anaheim People's Homeless Taskforce, addressed Council Member Faessel's
comments regarding public comments and alleged actions at a previous meeting. Additionally,
he spoke of a lawsuit regarding the enforcement of anti -camping ordinances and suggested any
modification of the ballot statement under Item No. 26 be done by a more -impartial source and
urged Council to deny the item as the living -wage initiative was much needed.
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Elizabeth Gonzalez noted there were many homeless Disneyland Cast Members and opined if
Council wanted to resolve the issue of homelessness, it needed to support a living wage.
Vern Nelson spoke in favor of Item No. 24, noting the small amount of unused space Access
California will take up would be more than made up for by the conversion of Dad Miller Golf
Course to a public park. He congratulated Artemis Bell and her team of union negotiators for the
raise she got for Disney workers but noted it will affect less than 30% of resort workers and urged
everyone to vote "yes" for the measure in November. He addressed opposition to the living wage
initiative and led the assembly in a parody of "It's a Small World".
Danielle Wilson, UNITE HERE Local 11, believed bringing proposed changes to the ballot
statement language at a late date was irresponsible and added the City should require decisions
over corporations that are given millions in taxpayer dollars to be voted on as well. She urged
Council to vote "no" on the proposal to change the ballot statement (Item No. 26).
Kathy Tran distributed copies of a document for Council's review and spoke about the lack of
park space in west Anaheim, noting it was 50% of what it should be. She spoke in opposition to
giving park land to Access California Services (Item No. 24).
Jeanine Robbins commented on intimidation of speakers, speakers from outside Anaheim, large
groups attending Council meetings, and suggested Council Members learn the whole story before
making allegations. In terms of homelessness, she spoke positively regarding Bill Taormina's
plan for rebuilding lives by treating people holistically and hoped Council would support it.
Regarding RVs, she believed they should not be ticketed on a daily basis, as they have no money
to pay the tickets. She opined it was discriminatory as there was a history of Code Enforcement
refusing to ticket short -term -rentals on a daily basis. She stressed the problem needed to be
solved and there are plenty of vacant lots where they can be allowed to park. In terms of Item
No. 24, she stated people supersede trees and made a comparison between giving land to
Access California and giving millions of dollars to Disney.
Mike Robbins distributed copies of a document for Council review and commented on an area
from State College to Beach Boulevard where crime has remained the same related to the rest of
the City and there was no crime center along park areas. He noted the homeless have become a
target and highlighted sex offenders who live close to Twila Reid and Maxwell Parks.
Shakeel Syed, Executive Director, OCCORD, urged Council to reject proposed changes to the
ballot statement as recommended under Item No. 26. He indicated Council has already
approved the ballot statement as written by the City Attorney and hoped Council would honor the
will of 21,000 workers of the City. He quoted Dr. Martin Luther King and felt that the people of
Anaheim were demanding what was right and just for themselves and their families and promised
to continue to fight.
Council Member Murray commented on Mr. Syed's alleged behavior toward
members of the public who spoke against the measure and reported his
organization went door-to-door and misinformed residents.
E. Isaac Garza, Disneyland Resort employee, addressed Item No. 26 and noted most Cast
Members do not live near Disneyland because they cannot afford to because they do not make
enough money. He urged Council to not change the language in the ballot statement as it was
clear enough.
Karen Romero Estrada referenced Item No. 26 and reported community members and the
coalition of unions have worked hard for the progress that has been made and reported they have
received endorsements from over 300 small businesses in the City. Ms. Romero Estrada
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reported the language for the ballot statement was already adopted by Council, as drafted by the
City Attorney. She urged Council to reject any changes and felt a change, at this late date, could
be used to confuse voters and could constitute an unwarranted rejection or bias; no Council
Member should interfere with the process. Additionally, she asked Council to respect the process
and distributed copies of letters for Council to review.
Kenneth Batiste asked Council to deny any attempt to change the ballot statement regarding the
living -wage initiative. He noted Disneyland is not the same Disneyland that was started by Walt
Disney and opined when a company makes almost $5 billion in one quarter, it should be able to
pay its employees a living wage. He alleged that, historically, Council is known for giving away
money to Disney while the City is in debt. With respect to RVs, he stated those who have houses
should never forget about the people who lost their houses.
Josh Stern, Disneyland employee, asked Council to keep the living -wage ballot statement as
written. He noted the importance of the initiative and stated he does not make enough money to
live in Anaheim. He added developers will never stop building around the Disneyland Resort
because of profits.
Rami Mekdache, west Anaheim resident, reported when he drives by parks, they are empty. He
spoke in support of the proposal by Access California Services to build a family resource center
at Brookhurst Park, noting the time children would use the park would be after operating hours.
He added the services provided by Access California will go a lot further than a child not
attending a park.
Dina Cahla, Volunteer, Access California Services, spoke in support of the organization and
noted they currently have summer programs and summer recreational activities indoors because
the parking lot is not big enough to host them. They provide services for youth and seniors and
offer programs that promote wellness and fitness. She reported when she was younger, Access
California had after-school programs to help students with their homework and urged Council to
approve the proposal.
Jorge Iniestra, Disney employee, spoke against changing the ballot statement on the living -wage
initiative. He reported he was one of the people who collected signatures and stated people
understood what they were signing. He suggested there has been a lot of fear -mongering and
lies told relative to this item.
Council Member Murray indicated receiving calls from people who stated they
were asked if Disney should pay a fair wage and now many employees were
getting an immediate raise, due to negotiations rather than the initiative.
John Dunton spoke in support of Access California Services building a family resource center at
Brookhurst Park. He shared how a young girl was killed near Brookhurst Park and felt she would
be alive today if she had had a place to play such as a family resource center. He added Access
California helps the community and asked Council to approve the proposal. Additionally, he
spoke in favor of the new Anaheim Police Chief and believed he will be good for the City.
Bruce Johnstone, RV owner, reported being cited and noted he and his wife are on fixed
incomes. He added this has been a stressful situation and they were once homeless but bought
an RV in which to live.
Linda Harding, RV owner, reported having health problems and noted she does not bother
anyone. She asked Council to have a heart and help them.
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Tarik Takkesh referenced the City's Parks Plan, listed the seven categories of parks, and noted
there are not enough recreational resource parks in that category. He spoke in favor of allowing
Access California Services to build a family resource center at Brookhurst Park and urged
Council to approve it.
Dave K. urged Council to focus on what was important and commended the Anaheim Police
Department for a job well done. In terms of homelessness, he believed the homeless are a public
health risk to the City and listed potential diseases that could be spread. Additionally, he
commented on banning the use of marijuana, noting landlords can do so and the City can ban all
related commercial activities. He asked Council to make residents aware and opined the real
problems in California are caused by the State's Democratic legislature.
Christopher Duarte, President, Workers United, Local 15, stated the contract settled between
Disney and Master Service Council affects around 35% of Disney employees. He noted City
Council has approved the ballot question at prior meetings and to change anything now was
misleading. He urged Council to make no changes to the ballot statement regarding the
minimum wage initiative.
Rabbi Jonathan Klein, Executive Director, Clergy and Laity United for Economic Justice,
referenced Item No. 24 and noted the area proposed for Access California Services is 0.7 acres
out of 27 acres at Brookhurst Park and would be a great investment for the community. He
commented on ensuring that government works well and empowering non -profits to be partners
with government to make the world a better place. Relative to Item No. 26, he believed that
putting language on the ballot statement will ensure strong reactions from some. He added that
Disney has not made Anaheim great, but rather the workers themselves, and urged Council to
deny changing the ballot statement.
Ada Briceno, Co -president, UNITE HERE, Local 11, spoke in opposition to changing the ballot
statement under Item No. 26 and noted, by law, the ballot statement must be impartial and
unbiased. She stated the City Attorney drafted it, it has already been approved twice by Council,
and it is unclear whether Council has the authority to make such a change, once the language
has been approved. She detailed examples of why the City Council should reject the proposal to
change the ballot statement. She indicated if Council chooses to change the language, they will
have no other choice but to take legal action. Relative to Item No. 24, she spoke in support of
allowing Access California Services to build a family resource center at Brookhurst Park.
Joese Hernandez referenced a prior comments regarding the homeless and related them to
racism. He spoke in support of Access California Services building a family resource center at
Brookhurst Park and urged Council not to change the ballot statement on the living -wage
initiative. He shared his experience living in Anaheim, working for Disney, and sleeping in his car.
He stated, along with a living wage, Anaheim residents need real, compassionate solutions to the
homeless issue and the substandard housing issue.
Martin Lopez, UNITE HERE, Local 11, noted one job should be enough for people to pay rent
and support their families. He commented on negative ads opposing the living wage initiative and
listed hotels in the Disney Resort area that already pay above $15 per hour. He urged Council to
reject the proposal to change the ballot statement on the initiative. Additionally, in terms of Item
No. 27, he opined the public should have more time to review the matter before Council acting.
Relative to Item No. 24, he spoke in support of having Access California Services building a
family resource center at Brookhurst Park.
Amir Basmachi (spelling?) spoke in support of Access California Services expanding a family
resource center at Brookhurst Park. She reported they are not taking away places for children to
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play, BBQ, or play soccer; but are proposing a family resource center on a small, under-utilized
piece of land. They want to build a family resource center to offer services and programs that will
rebuild the lives of members of the community and help them to become healthy, vibrant, and
self-sufficient. She referenced a survey of families in the area, noting many have five -to -fifteen
people living under one roof and noted the need for a safe place for families to use and enjoy.
Musa Cahla, Citizenship Instructor, Access California Services, spoke in support of Item No. 24 to
allow Access California Services to build a family resource center at Brookhurst Park. He listed
the services and benefits provided by the organization.
Mirvette Judeh spoke in support of Item No. 24 to allow Access California Services to build a
family resource center at Brookhurst Park and referenced a survey of area residents who
indicated they would use the services of the organization at Brookhurst Park and a petition that
was circulated claiming the agency was taking away park land. She added Access California
Services would be using a very small portion of the park and noted recommendations from the
Parks Commission. She urged Council to approve the proposal. In terms of Item No. 26, she
asked Council to let the people vote and not change the ballot statement.
Jeremy Arnold asked Council to reject the proposed revision to the ballot statement under Item
No. 26, noting it does not improve or clarify it and provided specific examples of the proposed
language. He opined the changes represent an attempt by the opposition of the living wage to
express their rebuttals and arguments early. He alleged changing the ballot statement would
open the City to potential litigation as the changes were poorly written, irresponsible, and
unnecessary.
Art Castillo delivered a resolution drafted by the Social Concern Committee of the Unitarian
Church of Anaheim in support of Access California Services' proposal to build a family resource
center at Brookhurst Park. He stated the parcel they are proposing to use is unused and
dangerous for children to play on because of the proximity to busy streets. He distributed copies
of petitions in support of Access California Services.
David Duran spoke in support of Access California Services' proposal to build a family resource
center at Brookhurst Park. In addition, he asked Council to amend the RV parking ordinance to
help those living in their RVs. He noted the existing ordinance has gapping holes in it and is not
applicable to everyone. In terms of the homeless situation, he asked for Council's support for Bill
Taormina's proposal.
A male speaker spoke in support of Access California Services' proposal to build a family
resource center at Brookhurst Park and commented on the importance of green space in therapy
and specific programs provided by the agency.
Bill O'Connell opined many of the City's problems are caused by the State and County and
believed the living -wage initiative will cause a lot of confusion as it is vague and noted it will affect
more companies than just Disney. He added the people should understand what they are voting
for and asked for Council's support of Item No. 26 to ensure residents understand both sides of
the debate.
Mayor Tait noted he is a mayor, first, and he will do what he thinks is right for the
people of Anaheim, adding he and that Mayor Pro Tem Moreno have been
consistent in terms of not being in favor of hotel subsidies.
Mayor Pro Tem Moreno thanked Mr. O'Connell for his comments and stated and
provided options regarding the living -wage initiative and hotel subsidies.
City Council Minutes of July 31, 2018
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Pat Davis stated the need for impartiality under Item No. 26 and that Disney found money for
one-third of their workers and she suggested they can find it for the rest. In terms of Item No. 24,
she stated she often visits Brookhurst Park and spoke in support of Access California Services'
proposal to build a family resource center there. She believed they could make a huge impact on
the neighborhood. Ms. Davis addressed homelessness and reported attending a recent WAND
meeting where Bill Taormina spoke about the ideas that will change lives with dignity, respect,
and honor.
Donna Acevedo -Nelson reported her son was killed by the Anaheim Police Department on July
22, 2012. She stated she sometimes feels Council does not care and commented on a lack of
compassion by some Council Members. She stressed the City needs to invest in youth and in
communities and spoke in support of the living -wage initiative.
Suzanne reported visiting Brookhurst Park often, noted the proposed parcel for Access California
Services is underutilized, and urged Council to vote in favor of their proposal.
A male volunteer for Access California Services spoke in support of their proposal to build a
family resource center at Brookhurst Park. He noted the residents who will be most -affected but
noted the same people will benefit from the services the agency provides.
Todd Ament, President/CEO, Anaheim Chamber of Commerce, referenced arguments as to why
they think the living -wage initiative is bad, and felt Anaheim voters will be disenfranchised if the
do not have all the facts surrounding the measure. He spoke in support of the proposal to
change the ballot statement so that voters can have all the facts and make an informed decision.
He added every other California city considering similar measures listed the dollar per hour wage
mandated by such measures. Additionally, he referenced recent negotiations and Disney's
acceptance of a wage increase for some of their workers, noting it affects about half of Disney's
union workers.
Cynthia Ward addressed Council and the public battling over the City's public dollars and claimed
a hemorrhaging of the City's General Fund to private entities. She referenced the living -wage
initiative, noting none of the proposed solutions return money to the City's General Fund, and
indicated the need for more common sense. She explained there was a lack of long-range
planning and suggested the need for a strategic plan. In terms of homelessness, she reported
the issue was not limited to Anaheim and blamed the Federal government for cutting funds.
Bryan Kaye showed a check he received for purchasing materials when he volunteered for the
Anaheim White House, noting it is an example of open communication. He discussed police
body cameras and alleged beatings. He alleged Council was causing crisis and trauma and
medicating people may increase their likelihood of committing suicide.
A female speaker spoke in support of Access California Services' proposal to build a family
resource center at Brookhurst Park. She addressed benefits they offer to the community and
noted the lack of resource centers in west Anaheim.
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Council Member Vanderbilt acknowledged recent community meetings regarding homelessness
and requested a presentation at a future meeting from a representative from the homeless
court/Orange County Public Defenders' Office to talk about their programs to help individuals and
see if there is a way to tie in the Better Way Anaheim program.
Council Member Barnes thanked District 1 residents for uniting in their comments. She
requested a resolution for Council consideration on August 14th recognizing the city's relationship
City Council Minutes of July 31, 2018
Page 12 of 33
with the County of Orange on homeless issues and requesting resources to fund five additional
clinicians and ten additional police officers to manage the clinicians and assist with the homeless
and a plan for the exodus of the Baymont Motel. Additionally, she asked the City Manager to
create a School Safety Working Group, including the City Manager's office, Police and
Community Services Departments, Lyon Security, and school districts, to establish safety
protocols regarding criminal complaints around schools and adjacent parks, and requested a
report/update at the second Council meeting in August.
Council Member Kring requested the meeting be adjourned in honor of four firefighters, Brian
Hughes, Braden Varney, Jeremy Stoke, and Don Smith, who recently lost their lives in the line of
duty.
Council Member Murray requested the meeting be adjourned in memory of Leo Zlaket and
include a moment of silence for all lost.
Mayor Pro Tem Moreno thanked the public for speaking and engaging with Council and offered
an apology to Bill O'Connell for his previous comments.
Mayor Tait thanked staff for the tours and sharing of best practices with the Mayor, Public Works
Director, and Transportation Director from Guaynabo, Puerto Rico during their visit to Anaheim.
CITY MANAGER'S UPDATE:
Interim City Manager Linda Andal announced there were approximately 70 permit parking
applications in the queue, with the Public Works Department working through the first phase of 18
applications. Following completion of the first phase, staff would continue with 15-20 applications
per phase over the next 18 months. She reported staff was reaching out directly to applicants
regarding where they are in the process and posting all information online at
www,anaheim.net/Dermitoarkina.
CONSENT CALENDAR: At 9:47 P.M., the Consent Calendar was considered with Council
Member Barnes pulling Item No. 08, Mayor Pro Tem Moreno pulling Items No. 13 and 18, and
Mayor Tait pulling Item No. 14 for separate discussion and consideration and Mayor Tait
declaring a potential conflict on Item No. 06.
MOTION: Council Member Kring moved to waive reading in full of all ordinances and resolutions
and to adopt the balance of the consent calendar as presented in accordance with reports,
certifications and recommendations furnished each City Council Member and as listed on the
consent calendar, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 7:
(Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel).
NOES — 0. Motion carried.
1. Receive and file minutes of the Library Board meeting of June 11, 2018 and Public
B105 Utilities Board meeting of June 27, 2018.
D117 2. Approve the Investment Portfolio Report for June 2018.
City Council Minutes of July 31, 2018
Page 13 of 33
D180 3. Accept the bids from Airbus Helicopter, Inc., and Heli -Mart, Inc., in the combined not to
exceed amount of $478,000, for as needed Airbus helicopter parts, components and labor
for the Police Air Support Division 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 #9113; accept the bid from Vector Aerospace Services, Inc., in the
amount of $306,637.74 plus applicable tax, for as needed Safran Turbomeca Engine
parts, components and labor for the Police Air Support Division 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 #9114.
4. Accept the lowest responsive bid from Weck Analytical Environmental Services, Inc., in an
D180 amount not to exceed $43,463.50 plus a 20% contingency, to provide as -needed water
quality testing, analyzing, and reporting services for the Public Utilities Department 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 #9161.
5. Accept the bid from Abbot Industrial Supplies Intl., Inc., in the amount of $100,950 plus
D180 applicable tax, for the as needed purchase of Dissolve Tech paper towels for the Anaheim
Convention Center for a one-year period with four one-year optional renewals and
authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid
#9156.
6. Award the construction contract to the lowest responsible bidder, R.J. Noble Company,
AGR- Inc. in the amount of $7,024,436.03, for the construction of Residential Street
11158 Improvement Project Group 9, authorize the Finance Director to execute the Escrow
Agreement, and determine the project is categorically exempt under the California
Environmental Quality Act.
Due to a potential conflict of interest, Mayor Tait abstained on this item. ROLL CALL VOTE:
AYES — 6: (Mayor Pro Tem Moreno and Council Members Murray, Vanderbilt, Barnes, Kring, and
Faessel). NOES— 0. ABSTENTION— 1: (Mayor Tait). Motion carried.
7. Waive Council Policy 4.1 and approve an agreement with Waymakers, in an amount not
AGR- to exceed $300,000, for consulting services related to the Gang Reduction and
5809.13 Intervention Partnership Program through June 30, 2019 with two one-year optional
extensions.
9. Approve the proposed Five -Year Underground Conversion Plan for Fiscal Years 2018/19
D182 to 2022/23.
AGR- 10. Approve a Wireline Agreement with the Union Pacific Railroad Company, with a one-time
4256.1 license fee of $15,000 and cost reimbursement, for power and communication lines
crossing underneath the railroad tracks within Underground District No. 50 - Euclid; and
authorize the Public Utilities General Manager to execute the agreement and related
documents, including a consent document, and take the necessary actions to implement
the agreement.
City Council Minutes of July 31, 2018
Page 14 of 33
11. Approve an agreement with Reporting Systems, Inc. in an amount not to exceed
AGR- $92,700.90 for the first year and $67,512.60 for each term thereafter, for the purchase,
11159 implementation, and maintenance of a Fire Records Management System for a three year
period with up to two one-year optional extensions, and authorize the Fire Chief, or
designee, to execute the agreement and any related documents and take the necessary
actions to implement and administer the agreement.
12. Determine that the construction and operation of a direct current fast charging electric
vehicle charging plaza at Brookhurst Community Center (Project) is categorically exempt
AGR- from the California Environmental Quality Act pursuant to Sections 15301(b), 15303(e),
11160 15304(f) and 15311(b) of Title 14 of the California Code of Regulations; approve a
License Agreement with EVgo Services LLC, to construct and operate the Project and for
the City to receive a license fee, in the amount of $10,000 as an initial one-time payment and
$4,200 as an annual license payment, for a term of ten years with one five-year optional
extension; and authorize the Community Services Director to execute the License
Agreement, and any other related documents, and take the necessary actions to
implement and administer the License Agreement.
15. Determine that the Blue Gum Street, Miraloma Avenue, and La Cresta Avenue
AGR- Improvement Project (Project) is categorically exempt from the California Environmental
11162 Quality Act pursuant to Sections 15301, Class 1, and 15302, Class 2, of Title 14 of the
California Code of Regulations; award the construction contract to the lowest responsible
bidder, Sialic Contractors Corporation dba Shawnan, in the amount of $3,283,003, for the
construction of the Project; and authorize the Finance Director to execute the Escrow
Agreement.
16.
Approve Workforce Innovation and Opportunity Act Training Program Vendor Agreements
AGR-
10374.A
with Brem Industries, Inc., dba California Career Schools, Coast Community College
District, and The Regents of the University of California, in an amount not to exceed
AGR-
$100,000 per agreement, for the provision of occupational skills training effective July 1,
11163
2018 through June 30, 2020 and authorize the City Manager to execute and the
AGR-
Workforce Development Manager, or designee, to administer the agreements.
10304.A
17.
Approve the Workforce Innovation and Opportunity Act Agreement with Foster
AGR-
Assessment Center & Testing Services, Inc., in the amount of $50,000, for the provision of
9225.0
skills assessment services through June 30, 2019, and authorize the City Manager to
execute and the Workforce Development Manager, or designee, to administer the
agreement.
19.
RESOLUTION NO. 2018-094 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and
Pilo
easements (Abandonment No. ABA 2018-00371; street segment of southbound Anaheim
Blvd. adjacent to 1601 South Anaheim Blvd.) (Public hearing scheduled for August 28,
2018).
City Council Minutes of July 31, 2018
Page 15 of 33
20. RESOLUTION NO. 2018-095 A RESOLUTION OF THE CITY COUNCIL OF THE
E127 CITY OF ANAHEIM, CALIFORNIA calling and giving notice of the holding of a General
Municipal Election to be held on Tuesday, November 6, 2018 and ordering the submission
to the qualified electors of the City of Anaheim a referendum measure, and rescinding
Resolution No. 2016-201 (Referendum measure adopting Ordinance 6376 approving a
development agreement providing vested rights for construction of a hotel at 1700 S.
Harbor Blvd.).
RESOLUTION NO. 2018-096 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA, requesting the Board of Supervisors of the County of
Orange to consolidate a General Municipal Election to be held on Tuesday, November 6,
2018, with the statewide general election to be held on that date pursuant to Sections
10403 and 10418 of the Elections Code and rescinding Resolution No. 2016-202
(Referendum measure adopting Ordinance 6376 approving a development agreement
providing vested rights for construction of a hotel at 1700 S. Harbor Blvd.).
RESOLUTION NO. 2018-097 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA setting priorities for filing written arguments regarding
a referendum measure to be submitted to the qualified electors of the City of Anaheim at
the General Municipal Election to be held in the city on Tuesday, November 6, 2018, and
directing the City Attorney to prepare an impartial analysis of such measure (Referendum
measure adopting Ordinance 6376 approving a development agreement providing vested
rights for construction of a hotel at 1700 S. Harbor Blvd.).
RESOLUTION NO. 2018-098 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA providing for the filing of rebuttal arguments for a
referendum measure to be submitted to the qualified electors of the City of Anaheim at the
General Municipal Election to be held in said city on Tuesday, November 6, 2018
(Referendum measure adopting Ordinance 6376 approving a development agreement
providing vested rights for construction of a hotel at 1700 S. Harbor Blvd.).
21. RESOLUTION NO. 2018-099 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA calling and giving notice of the holding of a General
E127 Municipal Election to be held on Tuesday, November 6, 2018 and ordering the submission
to the qualified electors of the City of Anaheim a referendum measure, and rescinding
Resolution No. 2016-203 (Referendum measure adopting Ordinance 6377 approving a
development agreement providing vested rights for construction of a hotel at 1030 W.
Katella Ave.).
RESOLUTION NO. 2018-100 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA requesting the Board of Supervisors of the County of
Orange to consolidate a General Municipal Election to be held on Tuesday, November 6,
2018, with the statewide general election to be held on that date pursuant to Sections
10403 and 10418 of the Elections Code and rescinding Resolution No. 2016-204
(Referendum measure adopting Ordinance 6377 approving a development agreement
providing vested rights for construction of a hotel at 1030 W. Katella Ave.).
City Council Minutes of July 31, 2018
Page 16 of 33
RESOLUTION NO. 2018-101 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA setting priorities for filing written arguments regarding
a referendum measure to be submitted to the qualified electors of the City of Anaheim at
the General Municipal Election to be held in the city on Tuesday, November 6, 2018, and
directing the City Attorney to prepare an impartial analysis of such measure (Referendum
measure adopting Ordinance 6377 approving a development agreement providing vested
rights for construction of a hotel at 1030 W. Katella Ave).
RESOLUTION NO. 2018-102 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA providing for the filing of rebuttal arguments for a
referendum measure to be submitted to the qualified electors of the City of Anaheim at the
General Municipal Election to be held in said city on Tuesday, November 6, 2018
(Referendum measure adopting Ordinance 6377 approving a development agreement
providing vested rights for construction of a hotel at 1030 W. Katella Ave.).
22. ORDINANCE NO. 6442 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
M142 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
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 [Regulate operations of unmanned aircraft systems (Drones)].
D114
23. Approve minutes of Council meetings of February 6, 2018 and February 27, 2018.
END OF CONSENT CALENDAR
8. Waive Council Policy 4.1 and approve an agreement with Cornerstone Communications &
AGR- Public Relations, Inc., in an amount not to exceed $425,000, to provide public relations
8247.A and public information services to the Anaheim Police and Anaheim Fire & Rescue
Departments for a term of two years with two one-year optional extensions.
DISCUSSION: Council Member Barnes expressed concern that staff was not asking for an RFP
on this item. Acting Police Chief Julian Harvey reported Cornerstone Communications is the only
media company that engages in this type of contracting work. He reported the initial contract was
written nine years ago and the City has a long-standing work history with the company.
Fire Chief Randy Bruegman provided a brief background on how Cornerstone became the City's
provider and noted, initially, they were solely focused on the Anaheim Police Department (APD).
Later, they asked about the Fire Department and staff felt it was a good idea to add services to
the contract to include the department. He acknowledged the City could issue an RFP, but he
was unsure another vendor could provide the same depth of service as Cornerstone.
Council Member Barnes suggested going out with an RFP for this service since it has been so
long since one was issued and technology has changed over the years.
Mayor Pro Tem Moreno commented on how Council is being pressed by the public to use every
dollar efficiently and effectively as possible towards the mission and noted the importance of good
City Council Minutes of July 31, 2018
Page 17 of 33
public relations. He expressed concerns with the size of the contract and felt the money could be
put to better use staffing parks or funding other resources.
Acting Chief Harvey reported the public's trust and partnership are essential to the APD's ability
to police the City and Cornerstone provides the vehicle to present information about what officers
do on a daily basis that the mainstream media does not provide.
Mayor Pro Tem Moreno indicted the need for increased police presence to create a sense of
public safety.
Acting Chief Harvey explained they not only provide information about the Police and Fire
Departments, but also provide crisis counseling and communications.
Mayor Tait suggested reconsidering the item after two years and the possibility of issuing an RFQ
for the service.
Mayor Pro Tem Moreno asked staff to return with a lower -valued contract while focusing on crisis
management and communications as well as the possibility of working with journalism students
and partnering with universities in terms of informative or human -interest stories.
In response to Council Member Faessel's question regarding how long the RFQ and selection
process would take, Acting Chief Harvey stated it would take approximately two -to -three months.
Once the current contract expires, the City would have to engage Cornerstone which would have
to complete the RFQ process. He added there is one Public Information Officer (PIO) for both the
Police and Fire Departments. Absent a contract, the majority of the work would fall to the PIO but
there would be a drop in Police presence for the various events held by the APD and AFD. There
would be no crisis communication resource under contract.
Chief Bruegman added the departments do not have the staff to handle existing obligations
throughout the City and he did not think Fire Department staff could pick up the workload.
Council Member Faessel stated in a sole -source, there was usually additional scrutiny and
concurred with Mayor Pro Tem Moreno regarding the need to consider a lower -valued contract
with the possibility of hiring one or two additional staff members.
Council Member Kring reported the company has been doing business with the City for nine
years and voiced her support for the matter as presented.
In reply to Mayor Tait's question, Acting Chief Harvey noted the contract has standard language
allowing termination by either party with fifteen -days' notice.
MOTION: Council Member Kring moved to waive Council Policy 4.1 and approve an agreement
with Cornerstone Communications & Public Relations, Inc., in an amount not to exceed $425,000,
to provide public relations and public information services to the Anaheim Police and Anaheim
Fire & Rescue Departments for a term of two years with two one-year optional extensions,
seconded by Council Member Murray. ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council
Members Murray, Kring, Vanderbilt, and Faessel). NOES — 2: (Mayor Pro Tem Moreno and
Council Member Barnes). Motion carried.
City Council Minutes of July 31, 2018
Page 18 of 33
13.
Determine that the projects to be performed under the Master Agreement shall be
AGR -6127.0
categorically exempt under the California Environmental Quality Act, Sections 15301,
AGR -4776.D
15302, 15303, and/or 15304 of Title 14 of the California Code of Regulations; approve the
Master Agreement for electric high voltage utility construction, maintenance, repair, and
AGR -2737.E
immediate response projects for a period of three years with contractors pre -qualified by
AGR -7311.8
the City of Anaheim (E.E. Electric, Inc.; Hampton Tedder Electric Co.; Henkels & McCoy;
Herman Weissker Inc.; Hot Line Construction; International Line Builders, Inc.; Michels
AGR -7312.6
Power; Miron Electric Construction Corp; Outsource Utility Contractor Corp; PAR
AGR -2735.E
Electrical Contractors Inc.; Parkia, Inc.); approve a not -to -exceed award amount of
$500,000 per work order package, plus change order authorization in an amount not to
AGR -7313.6
exceed 10% per change order and $100,000 in total per work order package; approve an
AGR -5786.0
incentive payment equal to 1 % of the bid award amount for contractors that meet a 25%
local hire and/or veteran hiring goal during the course of a project; authorize the Public
AGR -10732.A
Utilities General Manager, or designee, to execute the Master Agreement with the
AGR -2736.E
prequalified contractors and such other contractors pre -qualified by the City in the future
AGR -9500.A
during the term of the Master Agreement; authorize the Public Utilities General Manager,
or designee, to take the necessary actions to implement and administer the Master
Agreement; and authorize de minimis changes that do not substantially change the terms
and conditions of the Master Agreement, as determined by the City Attorney.
DISCUSSION: Mayor Pro Tem Moreno commented on the contract and the inclusion of policy
work to try to assure a goal of local hiring of local residents and thanked staff for the excellent
work.
MOTION: Mayor Pro Tem Moreno moved to determine that the projects to be performed under
the Master Agreement shall be categorically exempt under the California Environmental Quality
Act, Sections 15301, 15302, 15303, and/or 15304 of Title 14 of the California Code of
Regulations; approve the Master Agreement for electric high voltage utility construction,
maintenance, repair, and immediate response projects for a period of three years with contractors
pre -qualified by the City of Anaheim (E.E. Electric, Inc.; Hampton Tedder Electric Co.; Henkels &
McCoy; Herman Weissker Inc.; Hot Line Construction; International Line Builders, Inc.; Michels
Power; Miron Electric Construction Corp; Outsource Utility Contractor Corp; PAR Electrical
Contractors Inc.; Parkia, Inc.); approve a not -to -exceed award amount of $500,000 per work
order package, plus change order authorization in an amount not to exceed 10% per change
order and $100,000 in total per work order package; approve an incentive payment equal to 1 %
of the bid award amount for contractors that meet a 25% local hire and/or veteran hiring goal
during the course of a project; authorize the Public Utilities General Manager, or designee, to
execute the Master Agreement with the prequalified contractors and such other contractors pre-
qualified by the City in the future during the term of the Master Agreement; authorize the Public
Utilities General Manager, or designee, to take the necessary actions to implement and
administer the Master Agreement; and authorize de minimis changes that do not substantially
change the terms and conditions of the Master Agreement, as determined by the City Attorney,
seconded by Council Member Kring. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council
Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried.
City Council Minutes of July 31, 2018
Page 19 of 33
14. Determine the Wagner House Voluntary Accessibility Improvements Project (Project) is
AGR- categorically exempt from the California Environmental Quality Act pursuant to Title 14 of
11161 the California Code of Regulations, Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act, Article 19, Categorical Exemptions Section 15302;
award the construction contract to the lowest responsible bidder, Golden Gate Steel, Inc.,
in the amount of $1,257,191.86 for the Project; and authorize the Finance Director to
execute the Escrow Agreement pertaining to contract retentions.
DISCUSSION: Mayor Tait commended staff for their work on this item.
MOTION: Mayor Tait moved to determine the Wagner House Voluntary Accessibility
Improvements Project (Project) is categorically exempt from the California Environmental Quality
Act pursuant to Title 14 of the California Code of Regulations, Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act, Article 19, Categorical Exemptions
Section 15302; award the construction contract to the lowest responsible bidder, Golden Gate
Steel, Inc., in the amount of $1,257,191.86 for the Project; and authorize the Finance Director to
execute the Escrow Agreement pertaining to contract retentions, seconded by Council Member
Kring. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray,
Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried.
18. Approve the FY 2018-2019 Annual Action Plan funds, in the total amount of $ 8,705,719,
for federal Community Development Block Grant (CDBG), HOME Investment
D155 Partnerships (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for
Persons With AIDS (HOPWA); and designate the Director of the Community & Economic
Development Department as the Certifying Official authorized to execute all documents
related to the administration, management, and implementation of the CDBG, HOME,
ESG, and HOPWA programs.
DISCUSSION: Mayor Pro Tem Moreno congratulated Community & Economic Development
Director John Woodhead and staff for their work on this item and asked for a brief report. He
noted the importance of the public understanding that many of the City's great programs were not
funded by the General Fund but rather by Federal dollars.
Mr. Woodhead reported the programs were mostly funded by Federal dollars and noted, over the
course of several years, CDBG funds have been cut fairly significantly but this year slightly
increased. HOME funds were threatened earlier this year and he reported the City has remained
relatively unscathed. He presented the 2018-19 HUD Annual Action Plan and offered to respond
to questions from Council.
Mayor Pro Tem Moreno stated this was one of the areas used to prevent homelessness and
address sheltering of families and asked when pilot programs became actual programs. Mr.
Woodhead reported successful pilot programs become actual programs.
In response to Council Member Barnes's question, Mr. Woodhead reported the City has been
funding Access California Services since at least 2010, and the amount this year was bumped up
according to the increase seen across the board on CDBG funding and that money was capped.
Additionally, he reported four agencies that applied were not funded. He reported staff has a
difficult job in that every year, the requests exceed the available funds. Council Member Barnes
thanked the Community Services Board in charge of evaluating and allocating the requests.
City Council Minutes of July 31, 2018
Page 20 of 33
Council Member Faessel and Mayor Tait thanked the Community Services Board and staff for
their work on this matter.
MOTION: Mayor Pro Tem Moreno moved to approve the FY 2018-2019 Annual Action Plan
funds, in the total amount of $ 8,705,719, for federal Community Development Block Grant
(CDBG), HOME Investment Partnerships (HOME), Emergency Solutions Grant (ESG), and
Housing Opportunities for Persons With AIDS (HOPWA); and designate the Director of the
Community & Economic Development Department as the Certifying Official authorized to execute
all documents related to the administration, management, and implementation of the CDBG,
HOME, ESG, and HOPWA programs, seconded by Council Member Kring. ROLL CALL VOTE:
AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and
Faessel). NOES — 0. Motion carried.
24. Consider the research performed by city staff pertaining to potential sites within the City
D150 for the relocation of Access California Services, and if appropriate, direct staff to work with
Access California Services to develop a lease agreement.
Community Services Director Larry Pasco provided a staff report and addressed the proposed
site, Access California Services' proposal, Council consideration and direction, and discussion of
other options for a family resource center. With respects to existing building space, there were no
available City -owned buildings that were large enough or suitable for use by Access California.
He reported staff identified three different land sites under the control of the City as possible
locations for a building to be constructed. He provided details of each land site including
capabilities and constraints, the land sites being: A) approximately 3.8 acre parcel on the
northwest intersection of Serrano Avenue and Nohl Ranch Road; B) approximately 1.7 acre
property on Sequoia Street, just south of the intersection of La Palma Avenue and the 1-5
Freeway; and C) approximately 1.3 acre property at 2123 West Katella Avenue.
DISCUSSION: Council Member Faessel noted one of the sites was OCTA property and would
have to be sold and asked for clarification. Mr. Pasco reported the land is under control of the
City, but because the widening was done with OCTA funds, if the land is developed, it must be
sold at fair -market value with the proceeds to go back to OCTA before the land can be
developed. He added he does not know the value of the land and an appraisal would need to be
conducted.
Council Member Vanderbilt reported visiting the neighborhood around one of the properties and
speaking with residents where one resident told him he was offered the property for $10,000 and
asked for clarification.
Public Works Director Rudy Emami reported it involved a smaller, separate, narrow parcel and in
an effort to reimburse OCTA, offered those parcels to adjacent residents. The larger parcel could
support up to five homes. The City owns those properties and would sell the land at market value
and reimburse back to OCTA.
Council Member Vanderbilt noted there was only one entrance and no street access from Katella
and asked whether it was a viable residential development.
Mr. Emami reported the photo does not show the specific area but noted a similar, smaller lot to
the west of the picture, where a developer built two homes. The homes that used to be on the
property used to all face Katella. When the road was widened, it hit the structures and the City
City Council Minutes of July 31, 2018
Page 21 of 33
had to acquire the property, but now new homes could be developed and reconfigured similar to
the property on the west.
Mayor Tait thought that Access California would do well in a mixed-use zone with residential and
retail. He asked whether that was considered as an option.
Mr. Pasco reported discussing the matter with Mr. Woodhead and relative to another similar
property, there is discussion to have a family resource center in the development. Because of the
timeline relative to Access California Services, it could not be done that quickly.
Mayor Tait noted the Brookhurst Park site would not be ready in time for them to move when their
existing lease expires. He noted he loves Access and the work they do but stated it did not make
sense to take away the City's limited park space when there were other options available. He did
not feel staff has exhausted all possibilities.
Council Member Barnes noted differences in the size of the lots at Brookhurst and under Exhibit
B of the staff report. Staff noted because of the grade of the property, there is from 0.7 to 1 acre
of buildable space. In response to her question, Mr. Pasco reported staff looked at many private
lots and provided an extensive list to Access California. In addition, they looked at parcels
suggested by Council Member Kring during the previous Council meeting. He noted Brookhurst
is south of the parcel in Exhibit B.
Council Member Kring suggested the Manchester property and Mr. Woodhead reported it went
through an extensive RFP process and an agreement will be presented to Council, shortly adding
that the site is spoken for and addressed other sites considered.
Council Member Faessel noted there is an existing retaining wall on the north side of La Palma
and observed most of the parcel, on the south side of La Palma, is a slope. Mr. Emami confirmed
the slope but noted with creative engineering and design, some of the sloped area could be
developed, at the cost of Access California Services. Council Member Faessel believed Access
California would prefer a flat parcel rather than go through the added costs of engineering to
prepare the site. Mr. Emami reported that was discussed with Access California. Council
Faessel noted that the site under Exhibit A also has embankment areas that would need to be
addressed.
Mayor Pro Tem Moreno asked for a brief history of this matter and Mr. Pasco reported the
conversation related to Brookhurst Park began in the fall of 2016 and provided a brief background
of the evolution of the project. Discussion followed regarding the item being on a prior agenda
but being pulled from it. He did not recall which Council Member asked for that item to be placed
on the agenda. Mayor Pro Tem Moreno understood that it was former Council Member
Brandman and thought it was a good decision to pull it from the agenda, at that time.
Additionally, there was discussion previously with Access California about partnering around a
facility with the City and an agreement with another non-profit to be at the park. Mr. Pasco
reported the Ability First organization was at the Maxwell Park Spencer House and there was a
discussion about expanding their services and creating a larger therapeutic recreation center that
Ability First would operate in the same area as the parcel considered by Access California at
Brookhurst Park. Plans were conceptual and were never presented to Council; he added there
were no related community meetings.
Mayor Pro Tem Moreno noted Council agreed, under the Parks Plan, to expand the community
center at Brookhurst Park and asked if buildings are considered part of the park space and Mr.
Pasco responded affirmatively. Mayor Pro Tem Moreno noted efforts to create more presence at
Brookhurst Park and he believed that presence creates public safety. He asked for details
City Council Minutes of July 31, 2018
Page 22 of 33
relative to the expansion to which Mr. Pasco responded it would expand out because engineering
and costs of building up would be cost -prohibitive. He added it has been stated that Brookhurst is
one of the least -used parks but noted number 13 of the City's 57 parks that are used; it is one of
the City's most well -used parks. He commented on expanding the community center and the
possibility of accelerating the project and leasing that property to Access California. Mr. Pasco
stated he would love to accelerate the Parks Plan, but it comes down to funding; the facility would
be a shared resource. Mayor Pro Tem Moreno asked about land available at Westgate and
Community & Economic Development Director John Woodhead reported Westgate was not
considered.
Mayor Pro Tem Moreno worried about parking relative to the site on Exhibit B and asked whether
staff would consider selling acreage from Westgate for a family resource center. Mr. Woodhead
reported the project has been difficult to put together and staff was considering adding a
residential component to make it viable, not wishing to complicate the issue any further.
Mayor Tait added the possibility of a family resource center at Westgate and suggested another
site to consider would be the Dad Miller Golf Course. He believed there are other options that
would be better for all.
Council Member Barnes commented on ensuring the public understands the City is doing its best
to accommodate everyone and thanked staff for doing its due diligence. She felt the site on
Exhibit B still has potential and allows for increased growth opportunities. Mr. Pasco reported in
discussions with Access California about the proposed sites, their interest was more on Exhibit C
than Exhibit B.
Brief discussion followed regarding parking for the site on Exhibit C.
Council Member Faessel commented on the difficulty of the decisions to make and noted he
supported Access California Services, addressed the Parks Plan, and reported being sensitive
towards park land. He did not believe Brookhurst Park was underutilized, especially on the west
side of town. He reiterated his support for Access California but not for giving up park space.
Council Member Vanderbilt referenced the community garden on the site shown in Exhibit C and
reported neighbors have complained of a vector issue from that site. He alleged if the community
garden went away, it would not bother many surrounding residents.
Council Member Kring reported neighbors having vector problems can call Orange County
Mosquito and Vector Control.
Discussion followed regarding how the City would move forward on the proposed sites, including
conducting a feasibility study for each site, but Access California would have to undertake it on
their own. Ensuing discussion pertained to previous discussions of this matter.
MOTION: Mayor Tait moved to discontinue consideration of a lease of Brookhurst Park property
to Access California Services and direct staff to continue investigation of other potential
properties, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 4: (Mayor Tait
and Council Members Barnes, Kring, and Faessel). NOES — 3: (Mayor Pro Tem Moreno and
Council Members Murray and Vanderbilt). Motion carried.
At 11:31 P.M., Mayor Tait took the agenda out of order and considered Public Hearing Item No.
29 prior to the remainder of the agenda.
C350
C410
City Council Minutes of July 31, 2018
Page 23 of 33
29. MITIGATED NEGATIVE DECLARATION
GENERAL PLAN AMENDMENT NO. 2017-00517
SPECIFIC PLAN AMENDMENT NO. 15 TO THE ANAHEIM RESORT SPECIFIC PLAN
(SPN92-2X)
MINOR CONDITIONAL USE PERMIT NO. 2017-05949
VARIANCE NO. 2017-05097
FINAL SITE PLAN NO. 2017-00003
ADMINISTRATIVE ADJUSTMENT NO. 2017-00413
(DEV2016-00114)
LOCATION: 1441 South Manchester Avenue
OWNERIAPPLICANT: Praful Patel, NARA Investments, LLC, 1441 S. Manchester Ave.,
Anaheim, CA 92802
REQUEST: The applicant requests the following: a General Plan Amendment and
Specific Plan Amendment to create a new density category for the Anaheim Resort
Specific Plan (SP92-2); Minor Conditional Use Permit to allow valet parking; Variance to
allow a narrower landscaped street setback than required by the code and to allow two
wall signs that are visible from the same vantage point; Final Site Plan to confirm the
Project complies with the ARSP; and Administrative Adjustment for a reduction in the
number of parking spaces required by the code. The proposed project includes a six -
story, 223 -room dual -branded hotel with two levels of subterranean parking. The hotels
would include a meeting room and retail shop on the ground floor and guest amenities
on the ground level and second level, including a swimming pool, breakfast rooms, and
fitness room.
Environmental Determination: The City Council will consider whether a Mitigated
Negative Declaration is the appropriate environmental documentation for this request
under the California Environmental Quality Act.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved and recommended City Council approval of the following: Mitigated Negative
Declaration (PC2018-034); General Plan Amendment No. 2017-00517 (PC2018-035);
Specific Plan Amendment No. 15 to the Anaheim Resort Specific Plan (SPN92-
2X)(PC2018-036); Minor Conditional Use Permit No. 2017-05949, Variance No. 2017-
05097, Final Site Plan No. 2017-00003, and Administrative Adjustment No. 2017-00413
(PC2018-037) with modifications to the Minor Conditional Use Permit and Variance to add
conditions of approval as recommended by the Planning and Public Works Departments'
staff. Approved Vote: 7-0 (Chairperson Dalati and Commissioners Armstrong, Carbajal,
Gillespie, Keys, Lieberman and White voted yes.) Motion Carried. (Planning Commission
meeting of June 25, 2018).
Principal Planner Susan Kim presented the staff report and addressed the requested
entitlements, including a General Plan Amendment to create a new density category, "Medium
Density (Modified)" for the Anaheim Resort Specific Plan (ARSP), Amendment No. 15 to the
Anaheim Resort Specific Plan to create a new density category "Medium Density (Modified)";
Variance to allow a narrower street setback than required by the Code and to allow two wall signs
that are visible from the same vantage point; Final Site Plan to confirm the project complies with
the ARSP; Minor Conditional Use Permit to allow valet parking; and an Administrative Adjustment
for a reduction in the number of parking spaces required by the Code. On June 25, 2018, the
Planning Commission recommended City Council approval of the project and all associated
entitlements. The project site is a 2.5 -acre property comprised of two parcels owned by the
applicant, Holiday Inn Express on the northerly parcel, which opened in February 2016 and a
108 -room Quality Inn and Suites on the southerly parcel. The applicant proposes to demolish the
existing Quality Inn and Suites hotel buildings on the south parcel and construct the six -story,
223 -room dual -branded Hilton Garden Inn / Home 2 Suites hotel. Vehicular circulation, including
a covered drop-off and loading area, would be located at the front of the hotel building.
City Council Minutes of July 31, 2018
Page 24 of 33
Ms. Kim stated the project requires City Council approval of an amendment to the General Plan
to create a new density category that would be specific to the project site. General Plan Figure
LU -5 designates this property as being within the low -medium density category of the ARSP,
which limits the property's density to 75 rooms per acre or per parcel, whichever is greater. The
applicant is requesting a new density category that would be called "Medium Density (Modified),"
which would allow a density of up to 345 rooms on the project site. The City Council approved a
similar amendment to the General Plan in 2009 to create the Low -Medium Density (Modified) to
accommodate a proposed hotel development on the southeast corner of Katella Avenue and
Harbor Boulevard that exceeded what was permitted by the General Plan and the ARSP. The
proposed amendment maintains the internal consistency of the General Plan since there is no
proposed change in land use. It is also consistent with the General Plan designations of the
surrounding properties. The City established the density provisions for the ARSP largely in
consideration of infrastructure capacity. The Initial Study and technical studies concluded that the
infrastructure capacity is sufficient to accommodate the proposed density increase.
The amendment to the ARSP would add a "Medium Density (Modified)" category to
accommodate the proposed project. The proposed amendment would not change the boundaries
of the existing ARSP or make any changes to the development standards that implement this
designation. The code requires a 30 -foot wide landscaped setback for buildings that are taller
than 75 feet, between the building and the ultimate public right-of-way. The applicant proposes a
13 -foot wide landscape setback. Staff believes that there are special circumstances applicable to
this property due to its irregular shape. It would be consistent with the northerly portion of the
property, where the Planning Commission previously granted a Variance for the same reasons. In
addition, the impact to the setback is minimal since the narrowest portion of the building would
encroach into the required setback. The applicant requests two wall signs, one for each hotel
brand, that are visible from the same vantage point. The ARSP permits a hotel at a midblock
location to have up to two signs, but must be located so that they are not visible at the same time.
The applicant is not requesting an increase in the number of signs, or larger signs than permitted
by Code. Staff believes that there are special circumstances applicable to this property due to the
orientation of the building at an angle to both Manchester Avenue and the 1-5 freeway, curve of
Manchester Avenue to the north, and the location of the existing Holiday Inn Express building; a
sign placed on another elevation would lack visibility from vehicles travelling southbound.
Additionally, the fact that two hotel brands will operate within the same building is also an unusual
circumstance that the specific plan does not address. Staff has reviewed the proposal and has
determined that, with the exception of the requested setback and sign variances and parking
adjustment, the project complies with all applicable standards of the ARSP. The applicant
proposes to utilize valet parking within its parking structure as its sole parking option for hotel
guests. To maximize parking spaces within the structure, the majority of the parking spaces will
be in tandem, with spaces stacked two cars deep. The applicant proposes to provide fewer
parking spaces than the Code requires. Together, the Holiday Inn Express and the proposed
hotel project require 275 parking spaces; 227 spaces are proposed. This is a 17 percent deviation
from the Code requirement, which staff typically reviews administratively. Staff required a parking
study be prepared to analyze whether the proposed parking spaces would accommodate all
visitors to the site. Based on the reduced parking ratios of 0.68 parking spaces per room, the
study also applied a reduced parking ratio to the meeting room based on the minimal size and
stipulation by the applicant that only hotel guests may reserve the room. Based on these reduced
ratios, the project has adequate parking for the two hotels. An initial study has been prepared to
evaluate the environmental impacts of the project and to identify necessary mitigation. The
IS/MND identified mitigation measures that would reduce any potential impacts to less than
significant levels. One person attended the Planning Commission meeting in opposition to the
proposed project, citing concerns with the IS/MND, General Plan Amendment, and Specific Plan
Amendment. The commenter also submitted a letter outlining their concerns, which was provided
City Council Minutes of July 31, 2018
Page 25 of 33
to the Planning Commission. The response to comments document was updated to also respond
to the items included in this letter and provided to Council. None of the comments resulted in the
need to recirculate the IS/MND or to prepare an environmental impact report.
Ms. Kim stated the proposed development was consistent with the goals and policies of the
ARSP by providing additional accommodation options for visitors to the resort area. The
proposed hotel project would improve an older hotel site with an attractive new hotel development
and would represent a positive investment in the area. The applicant and city staff have
thoroughly analyzed the additional density, which the City can accommodate through its existing
infrastructure. Therefore, staff recommends approval of the requested increased density, hotel,
and associated entitlements.
Mayor Tait opened the public hearing.
Praful Patel, applicant, spoke about his family and their experience in the City of Anaheim and
noted he has been working with City staff on this project for a long time. He reported they put a
lot of effort in designing something special and the project is being financed by his family and
conventional financing. He offered to respond to Council questions.
Mayor Tait closed the public hearing.
DISCUSSION: Council Member Faessel announced he met with the applicant, more than a year
ago, toured their property, and engaged in a slight discussion of this as a future project.
Mayor Tait reported meeting with the applicant and Mr. Patel noted meeting with each Council
Member.
In response to Council Member Vanderbilt's question, Mr. Patel reported the concern was about
the sidewalk and impacts of the adjacent university and reported the project includes the addition
of sidewalks, not currently in existence. They wrote a letter to the university indicating a
willingness to work with and support them.
Mayor Pro Tem Moreno met with the applicants over a year ago and congratulated the Patel
Family and their investment in projects benefiting the City. He stated wanting to include
opportunities for local labor groups to engage in discussions about construction and
housekeeping and asked if Mr. Patel met with them. Mr. Patel reported reaching out to the
plumbing and electrical unions and related to construction trades interested in bidding for the
project. They opened up the official bidding for the 50% construction drawings. He reported
most of the electrical unions declined, and commented on the plumbing unions adding they are
rebidding the final set of documents and will give contractors information to ensure local hiring to
bring as many stakeholders to the table as possible.
RESOLUTION NO. 2018-103 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM to adopt a Mitigated Negative Declaration for proposed General Plan
Amendment No. 2017-00517, Specific Plan Amendment No. 15 to the Anaheim Resort
Specific Plan (SPN92-2x), Variance No. 2017-05097, Final Site Plan No. 2017-00003,
Minor Conditional Use Permit No. 2017-05949, and Administrative Adjustment No. 2017-
00413 (DEV2016-00114; 1441 South Manchester Avenue).
RESOLUTION NO. 2018-104 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending the General Plan of the City of Anaheim and making
findings in connection therewith (General Plan Amendment No. 2017-00517) (DEV2016-
00114; 1441 South Manchester Avenue).
City Council Minutes of July 31, 2018
Page 26 of 33
ORDINANCE NO. 6443 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending portions of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2
(SP 92-2) zoning and development standards) of Title 18 of the Anaheim Municipal Code
and the Anaheim Resort Specific Plan 92-2 (Amendment No. 15 to the Anaheim Resort
Specific Plan).
RESOLUTION NO. 2018-105 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving Variance No. 2017-05097, Final Site Plan No. 2017-00003,
Minor Conditional Use Permit No. 2017-05949, and Administrative Adjustment No. 2017-
00413 and making certain findings in connection therewith (DEV2016-00114; 1441 South
Manchester Avenue).
MOTION: Mayor Tait moved to adopt RESOLUTION NO. 2018-103, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ANAHEIM to adopt a Mitigated Negative Declaration for
proposed General Plan Amendment No. 2017-00517, Specific Plan Amendment No. 15 to the
Anaheim Resort Specific Plan (SPN92-2x), Variance No. 2017-05097, Final Site Plan No. 2017-
00003, Minor Conditional Use Permit No. 2017-05949, and Administrative Adjustment No. 2017-
00413 (DEV2016-00114; 1441 South Manchester Avenue), RESOLUTION NO. 2018-104, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the General
Plan of the City of Anaheim and making findings in connection therewith (General Plan
Amendment No. 2017-00517) (DEV2016-00114; 1441 South Manchester Avenue), introduce
ORDINANCE NO. 6443 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM
amending portions of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) zoning
and development standards) of Title 18 of the Anaheim Municipal Code and the Anaheim Resort
Specific Plan 92-2 (Amendment No. 15 to the Anaheim Resort Specific Plan) and adopt
RESOLUTION NO. 2018-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM approving Variance No. 2017-05097, Final Site Plan No. 2017-00003, Minor
Conditional Use Permit No. 2017-05949, and Administrative Adjustment No. 2017-00413 and
making certain findings in connection therewith (DEV2016-00114; 1441 South Manchester),
seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council
Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried.
25. Receive and file an update regarding criminal activity in parks and enforcement data for
D160 violations of the Anaheim Municipal Code.
MOTION: Mayor Tait moved to continue this item to August 14, 2018, seconded by Council
Member Kring. ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members Moreno,
Vanderbilt, Barnes, Kring, and Faessel). NOES —1: (Council Members Murray). Motion carried;
item continued.
26. Consider a change to the ballot label/question approved on June 19 and July 17, 2018 for
the minimum wage initiative measure increasing the minimum wage payable by hospitality
E127 industry employers located in the Anaheim or Disneyland Resort Specific Plan Zones that
have tax rebate agreements with the city and requiring that service charges imposed by
such employers be paid entirely to employees and, should Council change the ballot
label/question, adopt resolutions placing the measure on the ballot with the revised ballot
question and take other actions related thereto.
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA calling and giving notice of the holding of a General
Municipal Election to be held on Tuesday, November 6, 2018 and ordering the submission
City Council Minutes of July 31, 2018
Page 27 of 33
to the qualified electors of the City of Anaheim an initiative measure increasing the
minimum wage payable by hospitality industry employers located in the Anaheim or
Disneyland Resort Specific Plan Zones that have tax rebate agreements with the city and
requiring that service charges imposed by such employers be paid entirely to employees,
and rescinding Resolution No. 2018-068.
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM requesting the Board of Supervisors of the County of Orange to
consolidate a General Municipal Election to be held on November 6, 2018, with the
Statewide General Election to be held on that date pursuant to Sections 10403 and 10418
of the Elections Code and rescinding Resolution No. 2018-069 (initiative measure
increasing the minimum wage payable by hospitality industry employers located in the
Anaheim or Disneyland Resort Specific Plan Zones that have tax rebate agreements with
the city and requiring that service charges imposed by such employers be paid entirely to
employees).
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA setting priorities for filing written arguments regarding
an initiative measure to be submitted to the qualified electors of the City of Anaheim at the
General Municipal Election to be held in the city on Tuesday, November 6, 2018, directing
the City Attorney to prepare an impartial analysis of such measure, and rescinding
Resolution No. 2018-088 (initiative measure to increase minimum wage payable by
hospitality industry employers located in the Anaheim or Disneyland Resort Specific Plan
Zones that have tax rebate agreements with the city and requiring that service charges
imposed by such employers be paid entirely to employees).
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA providing for the filing of rebuttal arguments for an
initiative measure to be submitted to the qualified electors of the City of Anaheim at the
General Municipal Election to be held in said city on Tuesday, November 6, 2018 and
rescinding Resolution No. 2018-089 (initiative measure to increase minimum wage
payable by hospitality industry employers located in the Anaheim or Disneyland Resort
Specific Plan Zones that have tax rebate agreements with the city and requiring that
service charges imposed by such employers be paid entirely to employees).
DISCUSSION: Council Member Murray presented a PowerPoint presentation regarding this item
and reported the proposed wage increase would be the highest in the nation, was larger and
broader in its definition and scope as it would affect many more businesses than just Disneyland,
addressed City subsidies and the language being specific to a rebate, and addressed similar
measures that have passed in other cities and their inclusion of the specific minimum wage
amount. She addressed proposed changes for Council consideration, requested support for the
proposed ballot question, added Council chose not to do an economic analysis so there was no
independent data for residents to draw from, and claimed it was not the City's fault the item was
brought forward so late in the election cycle. Additionally, she pointed out the proponents did not
want to put this item to the voters but instead wanted a direct approval by Council. She indicated
she wanted residents to have as much data as possible to make their own, informed decision.
She feared if the measure passes, it will cost jobs and loss of revenue to the City and stated
Council Members all have a right to express their opinions. She reported reviewing the matter
with the City Attorney and it is within the Elections Code.
City Council Minutes of July 31, 2018
Page 28 of 33
In response to Mayor Tait's inquiry, City Attorney Robert Fabela confirmed the ballot question
was included on the action taken by Council on June 19th, as well as on July 17th. He added the
original ballot question was drafted by his team and approved by him. He added it is unbiased
and in response to Mayor Tait's question, Mr. Fabela reported staff followed the standard for the
ballot question within the 75 -word limitation. He added he is not an advocate of the measure,
either way and has been neutral.
Mayor Tait reported this was voted on by Council twice; it is unbiased and shared the process in
putting the item on the ballot. He stated he would hesitate in having a person who has strongly
advocated against this item write the ballot question, as it would be biased and he did not support
changing it.
MOTION: Mayor Tait moved to retain the original ballot label/question as drafted by the City
Attorney, seconded by Mayor Pro Tem Moreno.
DISCUSSION: Council Member Faessel reported reviewing the proposed changes and opined
with the exception of the statement "$3 more than the State minimum wage", every statement
was taken from the initiative. He noted being consistent in terms of the ballot question needing to
be clear, concise, accurate ,and informative and believed the proposed changes do just that. He
added that voters can be trusted to do the right thing if they are given enough information and the
current ballot question does not clearly define what the voters will vote for. He did not believe the
proposed language was biased or prejudicial.
Council Member Kring agreed with Council Members Murray and Faessel and noted several of
the cities Council Member Murray pulled from are very liberal. She noted information is power
and, given enough information, people generally do the right thing. She added this measure will
affect more than just Disney and stated as a small businessperson, she would not support the
measure because labor cost is the number one cost for any business. She voiced support for
Council Member Murray's proposed changes to the ballot question. Council Member Kring
reported a minimum wage was not expected to raise a family, but rather should be the first, entry-
level job a person gets.
Council Member Vanderbilt stated he was interested in protecting the City legally, and asked
whether the City would be vulnerable to legal challenge if the proposed changes were approved.
Mr. Fabela reported he has never seen a case that looks at the author of a ballet question in
determining whether or not it is a proper statement, but rather considers the statement itself. It
should reflect, accurately, what the initiative says and should not use "loaded" terms or pre -tell
voters how Council believes. Additionally, he addressed the process his team followed in drafting
the original ballot question.
Mayor Pro Tem Moreno quoted from the Fair Labor Standards Act of 1938, when the minimum
wage was set, and noted the minimum wage was set up so that people could live a basic quality
of life, not for entry-level jobs to hire teenagers. He addressed the timeline on this item and noted
many commenters, including the Chamber of Commerce representative, claimed the Council
majority voted to not do an economic impact report and therefore, not be transparent and not
inform the voters. He noted discussions regarding the idea of wages in the City began on April
10, 2018, where two professors shared that if Disney had kept its wages simply at cost of living, it
would have translated into $1.2 billion more into the local economy. Additionally, he asked to add
to the agenda of May 8, 2018 for Council to considering doing a fiscal impact report, so that staff
could have at least two months to retain a consultant. However, Council voted against it and the
Chamber of Commerce advocated against it as well. Now, they are blaming Council for not
having produced one for the voters. If the wage amount is included, he wondered why not
City Council Minutes of July 31, 2018
Page 29 of 33
include the tax rebate, which amounts to $700 million over twenty years. He added the measure
targets industries that have been receiving subsidies over the years to the tune of almost $700
million, if built out. He expressed support for the original language as drafted by the City
Attorney. He added the initiative measure will be on the voter pamphlet and felt the proposal was
biased.
Council Member Kring commented on Fair Labor Standards Act of 1938, noting it was the
company that did interstate commerce and the act also protected child labor. She stated that
everyone on the dais has a bias. She commented on the $700 million and noted that is into the
future. She noted many costs in development and construction and reported it takes a long time
to recuperate costs. She expressed support for Council Member Murray's proposed changes.
Council Member Murray referenced the similar measures passed in other cities and reiterated
they included the amount of the minimum wage in the ballot question and asked whether the City
Attorney considered those in drafting the ballot question. Mr. Fabela reported they were reviewed
but does not look specifically at the ballot question. He added the ballot question is not the only
thing voters will see and noted the amount is included in the comprehensive ballot packet as well
as an impartial analysis of the measure. Council Member Murray suggested if the rebate was
stated in the question, there should a side-by-side of the City's five-year growth forecast that is
dependent on the construction of the four -diamond hotels as well as the money they will generate
for the City. She stated she would be happy to delete the section in parenthesis.
SUBSTITUTE MOTION: Council Member Murray moved to accept the proposed language with
the removal of the information in parenthesis relative to it being $3 more than the State minimum
wage, seconded by Council Member Kring.
Discussion followed regarding the ability of Council Members to make amended motions. Mr.
Fabela stated there is a procedure for an amended motion, but this would be a new question and
could be declared out of order by the Chair.
Mayor Tait declared the substitute motion to be out of order and restated his motion.
MOTION: Mayor Tait moved to retain the original ballot label/question as drafted by the City
Attorney, seconded by Mayor Pro Tem Moreno. ROLL CALL VOTE: AYES — 4: (Mayor Tait and
Council Members Moreno, Vanderbilt, and Barnes). NOES — 3: (Council Members Murray, Kring,
and Faessel). Motion carried.
27. Consider a proposed initiative measure for placement on the November 2018 ballot that
E127 would add a chapter to the Anaheim Municipal Code imposing disclosure requirements for
tax increases and creating a tax oversight committee, and by separate resolutions, order
the submission of the measure to be placed on the ballot for the November 6, 2018
General Municipal Election, take other actions related thereto, and increase the Office of
the City Clerk budget for fiscal year 2018/19 by $8,500.
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA calling and giving notice of the holding of a General
Municipal Election to be held on Tuesday, November 6, 2018 for the submission of a
ballot measure proposing an amendment to the Anaheim Municipal Code pursuant to
Sections 1300 — 1303 of the City Charter and California Elections Code 9222 (Measure _
- Anaheim Tax Fairness, Transparency and Accountability).
City Council Minutes of July 31, 2018
Page 30 of 33
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA requesting the Board of Supervisors of the County of
Orange to consolidate a Municipal Election to be held on November 6, 2018, with the
Statewide General Election to be held on that date pursuant to Section 10403 of the
California Elections Code (Measure _ - Anaheim Tax Fairness, Transparency and
Accountability).
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA authorizing members of the City Council to author and
file written arguments and setting priorities for filing written arguments regarding a
measure proposing amendments to the Anaheim Municipal Code to be submitted to the
qualified electors of the City at the Municipal Election to be held in the city on November
6, 2018, and directing the City Attorney to prepare an impartial analysis of such measure
(Measure _ - Anaheim Tax Fairness, Transparency and Accountability).
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA providing for the filing of rebuttal arguments regarding
a measure proposing amendments to the Anaheim Municipal Code to be submitted to the
qualified electors of the City at a Municipal Election to be held in said city on November 6,
2018 (Measure - Anaheim Tax Fairness, Transparency and Accountability).
DISCUSSION: Council Member Murray introduced the item and provided a PowerPoint
presentation addressing the tax policy in California, fiscal landscape in Orange County, fiscal
landscape in Anaheim, Anaheim Tax Fairness, Transparency and Accountability, and the
purpose of expanding taxpayer protections.
DISCUSSION: Council Member Kring stated California is a very highly -taxed state, commented
on the City's prosperous areas, and noted the need to protect the City and residents by putting
this on the ballot and indicated it would have to be approved by 2/3 of the electorate. She voiced
her support.
Council Member Faessel stated his support, noting that taxes need the involvement of the City's
voters and liked the suggestion of having an oversight committee.
Discussion followed regarding why the measure was pulled and it was noted a compromise was
reached with the legislature.
Council Member Murray opined this would provide greater accountability for any measure that
would move forward and require taxpayer oversight and a committee with the ability to review
expenditures as one, if it were adopted in the future.
MOTION: Council Member Murray moved to approve the item, seconded by Council Member
Kring. No vote was taken.
Mayor Tait stated that this is was a complicated issue and proposal, and noting the lateness of
the hour, felt this should be tabled with a committee formed of Council Members to study the
matter in depth.
MOTION: Mayor Tait moved to table the item, seconded by Council Member Barnes. ROLL
CALL VOTE: AYES — 4: (Mayor Tait and Council Members Moreno, Vanderbilt, and Barnes).
NOES — 3: (Council Members Murray, Kring, and Faessel). Motion carried. Item tabled.
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28. Consider (re)appointments to the Youth Commission to serve a 10 -month term, ending
B105 June 30, 2019.
MOTION: Mayor Tait moved to continue this item to August 14, 2018, seconded by Council
Member Kring. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno,
Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried.
Youth Commission (21 appointments):
District 1 (re) appointments:
(three (3) appointments)
District 3 (re) appointments:
(three (3) appointments)
District 4 (re) appointments:
(three (3) appointments)
District 5 (re) appointments:
(three (3) appointments)
At large (re) appointments:
(nine (9) appointments)
C220
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PUBLIC HEARINGS:
30. Appellant requests continuance to August 14, 2018.
CONDITIONAL USE PERMIT NO. 2010-05486H
(DEV2009-00083H)
LOCATION: 2232 South Harbor Boulevard
APPLICANT: Musa Madain, 2232 S. Harbor Boulevard, Anaheim, CA 92804
PROPERTY OWNER: Daniel Untalan, P.A. Poon and Son, Inc., 18862 Beach Blvd.,
Suite 103, Huntington Beach, CA 92648
REQUEST: To amend the conditions of approval for an existing theater, restaurant,
and banquet facility (M3Live Anaheim Event Center) to extend the permitted hours of
operation.
Environmental Determination: The City Council will consider whether the proposed
action is categorically exempt from the requirements to prepare additional
environmental documentation per California Environmental Quality Act (CEQA)
Guidelines, Section 15301, Class 1 (Existing Facilities).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved staff recommendation to deny the request to amend the conditions of approval
(Resolution No. PC2018-033). Vote: 6-1 (Commissioners Armstrong, Carbajal, Gillespie,
Keys, Lieberman and White voted yes. Chairperson Dalati voted no). Motion Carried.
(Planning Commission meeting of June 11, 2018)
(Appealed by Musa Madain).
Item was continued to August 14, 2018 at the request of the appellant.
REPORT ON CLOSED SESSION ACTIONS: None
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Council Member Faessel announced the ribbon -cutting ceremony for Fire Station No. 5, the first
new fire station in Anaheim in over a decade; the opening of the Anaheim High School aquatic
center on Monday, and the opening of the La Palma Water Complex, a complete rebuild of an
over 60 -year-old water storage and pumping facility.
Council Member Vanderbilt asked staff to explore the possibility of securing additional parks that
have limited access with chains at night. He also asked to bring back Item No. 26 for discussion
at a future meeting with a light agenda.
Council Member Barnes reported her attendance at the Illumination Foundation carnival and
thanked them for their good work.
Mayor Pro Tem Moreno thanked the Tiger Woods Learning Center staff and city staff for a tour of
the facility, with the intent of looking at it a model for the Northgate Gonzalez original market site
as a community educational learning center. He thanked Anaheim Ballet for an amazing
performance at Pearson Park and thanked the sponsors of the event. He congratulated Public
Utilities on the opening of the La Palma Water Complex and asked to agendize through the City
Manager's office ways to augment funding for the neighborhood services fund for Public Works to
advance traffic speed mitigation efforts in neighborhoods.
Council Member Kring thanked Public Utilities for supporting the MEU banner ceremony this
afternoon and adding 18 new banners to the city. She announced National Night Out on August
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7th 5:00-8:00 P.M. at Eucalyptus Park and thanked Linda Andal, Theresa Bass, and Jennifer Hall
for serving the city in their interim/acting roles for the past year.
Council Member Murray expressed her disappointment in the conduct and results of the meeting
regarding the initiative and proposed tax -payer protection, stating meeting should start earlier in
order to conduct the people's business. As Item No. 26 would no longer be valid for the
November 2018 ballot, she asked Council Member Vanderbilt to re -phrase the item or consider a
different approach when it returned to Council. She announced the State's health department
approved the Orange County Mobile Needle Exchange Program, despite Council's opposition,
and asked staff to look into legal aspects, as a charter city, to respond to the state's actions.
Mayor Tait stated his belief that different perspectives, debates, and disagreements were healthy
for the city and commended Green Bird Anaheim on their 4th anniversary.
ADJOURNMENT:
With no further business before the City Council and without objection, Mayor Tait adjourned the
meeting of July 31, 2018 at 1:25 A.M. on August 1, 2018 in memory of four firefighters who died
in the line of duty, Brian Hughes, Braden Varney, Jeremy Stoke, and Don Smith; OCWD member
Phil Anthony; and Leo Zlaket.
Respectfully sub
Assistant City Clerk