10/09/2018ANAHEIM CITY COUNCIL REGULAR
OF OCTOBER 9, 2018
The regular meeting of October 9, 2018 was called to order at 3:05 P.M. in the chambers of
Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and
related materials were duly posted on October 5, 2018.
PRESENT: Mayor Tom Tait and Council Members Jose F. Moreno, Denise Barnes, Lucille
Kring, and Stephen Faessel. Council Members Kris Murray and James Vanderbilt joined during
closed session.
STAFF PRESENT: City Manager Chris Zapata, City Attorney Robert Fabela, and City Clerk
Linda Andal.
ADDITIONS\DELETIONS TO CLOSED SESSION:
City Attorney Robert Fabela announced Closed Session Item No. 1 related to a claim stemming
from a probationary dismissal.
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
CLOSED SESSION: At 3:05 P.M., Mayor Tait recessed to closed session for consideration of
the following items:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of the
California Government Code Section 54956.9: One potential case.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Jarret Young v. City of Anaheim, et al., Orange County Superior Court
Case No. 30-2018-00966666-CU-OE-CXC
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California
Government Code Section 54956.9: Two potential cases.
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Orange County Catholic Worker, et al., v. Orange County, et
al., USDC Court Case No. 18 CV -00155 -DOC (KESx)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Section 54957 (b) (1) of the California Government Code)
Title: City Clerk
City Council Minutes of October 9, 2018
Page 2 of 22
At 5:08 P.M., the City Council session was reconvened.
INVOCATION:
FLAG SALUTE
PRESENTATIONS
Nikki Mazlomi, Local Spiritual Assembly of Baha'i Faith
Council Member Kris Murray
Recognizing Heather Fuller, Public Works Administrative Assistant, for her
act of kindness
Mayor Tait recognized Heather Fuller for her Act of Kindness on September 14, 2018, in which
she called the Police Department and advised them that a woman seemed to be in distress and
might need assistance. It was determined that this individual was the subject of a missing
person's report. Public Works Director Rudy Emami also recognized Ms. Fuller for her recent
award for volunteer work with the Orange County United Way.
Orange County Family Justice Center Update by CEO Tracy Theodore
Ms. Theodore advised City Council that the Orange County Family Justice Center is a
collaboration of 18 agencies and non-profit organizations that provide resources for victims of
family violence with the lead agency being the Anaheim Police Department. She also advised
that some of the services offered to clients are legal services, social services, shelter, and child
support services. She further advised that a large portion of their work is prevention. She
reported that Sargent Chris Masilon, Family Protection Detail, Anaheim Police Department, was
recently selected as a Fellow by Blue Shield of California along with 13 other individuals in the
state to address innovative ways to deal with family violence. She introduced community
members Leti Morales and Eli Rodarte and advised that Ms. Morales had experienced family
violence in the past and contacted the Family Justice Center for assistance. Ms. Theodore
reported that Ms. Morales and her family are thriving now with Ms. Morales currently starting a
nursing program and Mr. Rodarte currently serving as an Explorer with Anaheim Police
Department and in the teen programs at the Family Justice Center. Recently, Ms. Morales and
Mr. Rodarte were invited to a meeting in Berkeley, California to share their insights, suggestions,
and experiences on how to deal with family violence
Mayor Tait thanked everyone at the Family Justice Center for their hard work in dealing
with victims of domestic violence and thanked Sargent Masilon, Ms. Morales, and Mr.
Rodarte for their participation in the program and for sharing their story to assist others.
Council Member Murray commended the Family Justice Center for their hard work and
for sharing their personal story with other victims.
Council Member Vanderbilt also thanked Family Justice Center for their work.
Council Member Kring thanked former Chief of Police John Welter who originally
developed the idea for the Family Justice Center and thanked everyone who has helped
the program become a success.
Ms. Theodore informed Council that all services provided to the public are free and invited City
Council and the public to their fundraiser, "Anchored on the S.S. Survivor", to be held on
November 9, 2018 at the Balboa Bay Club.
City Council Minutes of October 9, 2018
Page 3 of 22
Acceptance of Other Recognitions (To be presented at a later date):
Proclaiming October 21-27, 2018, as National Friends of the Library Week
Louise Fry and Marilyn Benton, Friends of the Canyon Hills Library (FOCAL), accepted the
proclamation and advised City Council that they currently have 20 members who put in
approximately 300 hours a month volunteering. She also advised that FOCAL was able to
support the book club, provide funding for library chair re -upholstery, and teen summer
programs. Additionally, she advised that FOCAL offers college textbook scholarships to any
Anaheim Library employee or volunteer who applies. Ms. Fry advised that they supply books to
teachers, to free libraries in Anaheim, and to the Anaheim Senior Center
Proclaiming October 2018, as Domestic Violence Awareness Month
ADDITIONS/DELETIONS TO THE AGENDAS: None
PUBLIC COMMENTS: Prior to receipt of public comments, a brief decorum statement was
provided by City Clerk Linda Andal.
Cecil Jordan Corken, Outreach Homeless Ministries, reported on his outreach efforts.
Amelia Castro, resident, addressed her opposition to Measure L. and urged residents to vote
against it.
Jim Cain, Chairman of the Anaheim Hills Community Council, addressed the Community
Council's opposition to Measure L and urged residents to vcte against it. He further stated that
Measure L would apply to companies with tax agreements with the City, which would not include
Disneyland, and would only apply to two hotels currently under construction.
R. Joshua Collins, Homeless Advocates for Christ, reported on his outreach efforts and
encouraged Council to look into laws that impact the homeless population. He also advised that
he started a recovery, faith, and resources meeting at the Anaheim Alana Club, 202 West
Broadway, every Saturday from 9:30 a.m. to 11:00 a.m.
Patrick Pepper spoke of Measure L and reported that it was a minimum wage increase and has
little benefit to the residents of Anaheim but greatly impacts the City.
Gloria Ma'ae expressed her opposition to Measure L and reported that in May 2018, Unite Here
resolved to unite an additional 10,000 workers and was looking to invoke a $25 per hour
minimum wage in the future.
William Fitzgerald, Home Owners Maintaining Our Environment, spoke of the upcoming election
and the ties it has with Disneyland. He advised that he supports the following candidates for the
upcoming election: Duane Roberts for District 2, Robert Nelson for District 3, Patty Gaby for
District 6, and Cynthia Ward for Mayor.
Marsha Cook, representative of the California Gables Homeowners Association and the
neighbors in the Historical Downtown District, provided photographs relative to the Skate Park
and program at Olive and Broadway (Item No. 11) and expressed concerns with the program
and the impacts it has on the local community.
City Council Minutes of October 9, 2018
Page 4 of 22
Mark Richard Daniels, Anaheim Cultural & Heritage Commission, First District, spoke of the
election and his support of Measure L.
Sergio Gonzalez, Anaheim resident and former Disneyland employee, expressed his opposition
to Measure L and stated that he feels it hurts every resident in the City and will hurt City services
including emergency services. He urged everyone to vote against Measure L.
Ernesto Medrano, Los Angeles and Orange County Building and Construction Trades Council,
spoke of their opposition to Measure L and expressed that this measure would deter residents
from entering the building trades in the future and will impact over 3,000 workers.
Clarissa Harmon, pipefitter with UA Local 582, spoke of their opposition to Measure L and
advised that it will hurt the quality of life for members of unions.
Michael Morgan, Southwest Regional Council of Carpenters, encouraged City Council to receive
and file the report on Measure L and take no further action on the measure. He stated that he is
a union carpenter who lives in Anaheim and Measure L, while well intended, will result in the
hotels not being built and eliminating thousands of service jobs.
Leslie Swan, resident, spoke in opposition to Measure L and the amount of revenue that will be
lost if it is passed. She felt the public was misinformed on the measure and stated that if
Anaheim loses hotels, the revenue will not be available to support emergency services for
residents and visitors.
Ron Miller, Executive Secretary for the Los Angeles and Orange County Building and
Construction Trades Council, spoke about how Measure L is a threat to its members.
Todd Ament, President and CEO of the Anaheim Chamber of Commerce and Chair of the No on
Measure L campaign, spoke about loss of jobs, negative economic impact, and loss of vital
resources for public safety. Mr. Ament also stated that the developers will invest their dollars in
other areas if Measure L is passed and that the Disneyland Hotel that is currently on hold, could
have generated over $6 million for the General Fund.
Alice Burnett, 2019 Event Chair for the Relay for Life representing the Northwest Orange County
communities of Anaheim, Buena Park, Fullerton La Habra and La Palma, announced the 2019
fundraiser event scheduled for June 1-2 at Buena Park Jr. High School and invited residents to
upcoming meetings held throughout the community. Ms. Burnett also extended an invitation to
the kickoff event on January 17, 2019, at 6:30 p.m. at the Ehlers Event Center in Buena Park
and the survivor's event on April 1, 2019 at 6:30 p.m. with location to be determined.
Mayor Tait responded that was one of the most beautiful and touching events he has
participated in and encouraged residents to participate in Relay for Life.
Jody Heslop spoke of her homelessness and advised that her situation was not the result of
addiction or criminal behavior but rather that her homelessness was a direct result of PTSD,
which has led to many health issues and expressed concerns with temporary homeless shelters.
Darcy Menard, a homeless resident of Anaheim, thanked City Council for their support for
Bridges Homeless Shelter but asked for their assistance in helping them locate affordable
City Council Minutes of October 9, 2018
Page 5 of 22
housing as there was no Section 8 or HUD representation at these facilities to help them find
permanent housing.
Bob Donelson, resident, spoke in support of Measure L and believed it will benefit workers in the
area.
Gene Levesque, resident of West Anaheim, explained he and his wife run the Neighborhood
Watch in their neighborhood near Maxwell Park and expressed concerns with the park due to
drug use and the homelessness population.
Mayor Tait advised Mr. Levesque that City Manager will be providing an update regarding
Maxwell Park.
Brooke Levesque spoke about Maxwell Park and advised that she and her husband started the
Neighborhood Watch to connect with their community and requested City Council expedite the
building of the shelter for those who need it in the community and to assist with the crime
problem in the area. Lastly, she expressed that the proposed dog park will help revitalize and
beautify the neighborhood.
Autumn Levesque, resident, spoke about her memories of Maxwell Park before its deterioration
and expressed concerns for her safety in Maxwell Park as a fifteen -year old female.
Mr. Robinson, resident and union plumber, spoke in opposition to Measure L and stated that if
the measure passed, he will be forced to look for work outside of Anaheim which also means
spending money outside of Anaheim.
Dr. Patricia Adelekan, CEO, Youth -on -the -Move Education International, spoke about candidates
not addressing the needs of seniors and youth in the community and asked Council to develop
programs and activities that bond the two generations.
Mona Abouelmagd spoke about being a Muslin -American in the community and has noticed a
change from 2012 until today, stating she faces a lot of harassment.
"The Cameraman" spoke of Anaheim Police Department's helicopter registration and expressed
his support dor Consent Item Numbers 5, 12, 14, and 17 and expressed his support for Cynthia
Ward for Mayor.
David Klawe, resident, spoke of the pedestrian bridge over Magic Way and expressed his desire
for more in the community. Mr. Klawe also expressed his desire to have City Council extend the
moratorium on the Needle Exchange Program and further asked City Council to seek clarification
on the proposed GardenWalk area to determine if adjacent restaurants and businesses would be
subject to the minimum wage or just the hotel.
Wes Jones spoke about Mayor Tait's meeting with Disneyland and their willingness to remain
neutral during City elections. He also addressed City Attorney Fabela's opinion about Measure L
and felt it would end up being decided in litigation. Lastly, Mr. Jones expressed his
disagreement with a 600 bed homeless shelter.
City Council Minutes of October 9, 2018
Page 6 of 22
Shakeel Syed expressed his concerns with City Attorney Fabela's opinion on Measure L and
spoke of City issued bonds and subsidies given to Disneyland. He further stated that Disneyland
was subject to Measure L.
Karen Romero Estrada spoke of the Measure L initiative and believed that Disneyland was
subject to Measure L. She stated Measure L will positivity impact the City of Anaheim by
uplifting workers and expressed concerns with City Attorney Fabela's opinion on Measure L.
Lou Noble addressed Disneyland subsidies and how the City could use that money to build
affordable housing, which would allow the homeless to find housing and look for employment.
Stephen Lu spoke of Maxwell Park and the tents on the sidewalks making it difficult to get to the
park or library. He also noted that crime has risen in the neighborhood and believed that the City
can strengthen the park by building a tennis park, basketball court, or dog park.
Vern Nelson addressed Measure L and stated that Disneyland has donated $ 635,000 to SOAR
and it has gone to Disneyland -supported candidates.
Kenneth Batiste spoke of a homeless Disneyland employee who passed away in her vehicle and
expressed concerns with a company who makes so much profit paying poverty wages.
Bryan Kaye spoke of AB -1421, which is a release of backgrounds for officers and also noted that
SB -741 recently passed requiring release of recordings within 45 days.
David Duran asked Council to recognize the week of November 10 as National Homeless and
Hunger week. He also announced a food sharing event in front of City Hall on November 13
followed by a community sleep -out recognizing hunger and homelessness. Mr. Duran also
asked Council to stop the criminalization of homelessness.
Jeanine Robbins stated that Disneyland donated $425,000 to SOAR and noted that Disneyland
also donated to Mitch Caldwell, Jordan Brandman, and Trevor O'Neil and inquired about who
funded those PACs. She further noted that Disneyland donated $800,000 to the Chamber of
Commerce campaign. Ms. Robbins asked Council to investigate the Short-term Rental Program
(STR), as the hardship exemption date had passed and expressed concerns of the contract for
the homeless shelter.
Bejuique R. Shambow stated that her family were longtime residents of Anaheim and expressed
concern about the housing situation. She advised Council that she recently graduated from a
program at Open Gate International, which has helped them get into the motel voucher system
and asked Council to support housing for the homeless in Anaheim.
Pat Davis, resident, expressed concern about the Needle Exchange Program and stated that the
Bridges model did not work and that the homeless need dignity.
Mike Robbins, resident, spoke about the Disneyland partnership that began in 1996 and asked
Disneyland to partner willingly to make Anaheim a great community.
Bobby Lawson spoke about his homeless experience, his recent graduation from Open Gate
International, and asked Council to support the homeless.
City Council Minutes of October 9, 2018
Page 7 of 22
Cynthia Ward addressed GardenWalk and asked if they would be subject to the living wage
requirement, if passed. She also addressed the pedestrian bridge for Disneyland and asked
Council to review and re -negotiate the Specific Plan instead of accommodating the Resort.
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Mayor Tait reported the city was working to get 200 emergency beds in place, followed by an
additional 200 or more beds, and the documentation of the settlement would be completed soon.
He requested an agenda item at the next meeting to publically discuss the potential sale of
property to Anaheim Arena Management, including making appraisals public as soon as
possible. He reported on the event today recognizing Holocaust survivor, Mel Mermelstein, and
thanked the Mermelstein family, the Kott family, and Cornelia Connelly High School.
Council Member Vanderbilt shared his memories of Mr. Mermelstein and responded to certain
public comments related to William Fitzgerald and youth and senior programs. He also
requested staff look into comments concerning Bridges at Kraemer regarding permanent housing
solutions.
Council Member Faessel recognized the 161st birthday of Anaheim, congratulated and
welcomed John Guastaferro as the new executive director of the Anaheim Community
Foundation, acknowledged Anaheim High School student Israel Rodriguez for designing a
special Vans shoe to benefit the Next Up Foundation, and requested the meeting be adjourned
in memory of 38 -year, Anaheim employee Joseph Bruce.
Council Member Barnes requested the City Manager expedite construction of a dog park at
Maxwell Park.
Mayor Pro Tem Moreno addressed the proposed dog park as part of the strategic plan for parks
and thanked staff for responding to a situation at La Palma Park and a local school. He
expressed his position on negative social media postings against Chief Bruegman and
highlighted the Chief's accomplishments, thanked him for his service, and announced his
retirement celebration on December 15.
Council Member Kring acknowledged the service of Chief Bruegman; reported her attendance at
the League of California Cities meeting September 12-14, 2018; and, as president of the
Mosquito and Vector Control Board, encouraged residents to take actions to prevent West Nile
Virus and other diseases through wearing long clothing, using inspect spray with DEET, and
removing standing water.
CITY MANAGER'S UPDATE:
City Manager Chris Zapata reported all departments have been working on homelessness and
continue to work with the Salvation Army towards temporary and permanent beds as well as with
Bill Taormina on his shelter proposal. He stated CityNet and the Police Department continue to
coordinate outreach and will continue to cite criminal activity. He shared the city was securing
$3.6 million of State funding earmarked for homelessness and the Council recently approved
$400,000 of general fund dollars directly to homelessness.
City Council Minutes of October 9, 2018
Page 8 of 22
CONSENT CALENDAR: At 8:01 P.M., the consent calendar was considered with Council
Member Murray pulling Item No. 05, Mayor Pro Tem Moreno pulling Item No. 10, Council
Member Kring pulling Item Nos. 11 and 15, and Council Member Vanderbilt pulling Item No. 12
for separate discussion and consideration.
MOTION: Council Member Kring moved 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 Barnes.
APPROVED VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt,
Barnes, Kring, and Faessel). NOES — 0. Motion carried.
Receive and file minutes of the Public Utilities Board meeting of August 22, 2018.
8105
2. Approve proclamations recognizing Extra Mile Day (November 1, 2018), Childhood Lead
Poisoning Prevention Week (October 21 - 27, 2018), and Mike Scioscia for 19 seasons
D116 as Manager of the Angels baseball team.
3. Authorize an appropriation adjustment to increase the Police Department's revenue and
D106 expenditure appropriations by $415,000 in fiscal year 2018/19 under the FY 2017 Urban
Area Security Initiative Grant for use in supporting the Orange County Intelligence
Assessment Center.
4. Accept the bid from Alhambra Foundry Co., Ltd., in the amount of $82,885 plus
applicable tax and a 15% contingency, for the purchase of manhole covers and frames
D180 for a one year period with four one-year optional renewals and authorize the Purchasing
Agent to exercise the optional renewals, in accordance with Bid #9182.
AGR -11235;
AGR -11236;
AGR -11237;
AGR -11238;
AGR -11239;
AGR -11240;
AGR -11241;
AGR -11242;
AGR -11243;
AGR -11244;
AGR -11245;
AGR -10670;
AGR -11246;
AGR -11247;
AGR -11248;
AGR -11249;
AGR -11250;
AGR -11251;
AGR -11252
6. Approve Master Agreements, in substantial form, with 19 contractors, in an amount not
to exceed $300,000 per work order package or request with no more than three open
packages or requests at any one time, for facility maintenance, repair, replacement and
immediate response services for a two year period with two additional two-year optional
renewals, authorize the Director of Public Works to administer, execute and take the
necessary actions to implement the agreements and authorize minimal changes that do
not substantially change the term and conditions of the agreements, as long as such
changes are determined to be minimal by the City Attorney (Academy Electric, Inc.,
Baker Electric, Inc., CI Services, Inc., Corner Keystone Construction Corp., FM Thomas
Air Conditioning, Kourtis Industries dba Energy Management Solutions, M. Brey Electric,
Inc., Mako Overhead Door, Montgomery Hardware Co., Kent Dahlberg dba New
Dimension General Construction, Next Stage Engineering, Performance Abatement
Services, Inc., Right Angle Solutions., Inc., Seacore Industrial, Inc., South Coast
Industrial Door, and Sunbelt Controls, Inc., Tamang Electric, Inc., United Riggers &
Erectors, Inc., and Thomas International Company).
City Council Minutes of October 9, 2018
Page 9 of 22
7. Approve two separate agreements with MGT of America Consulting, LLC, in the total
AGR -3173.D; amount of $117,030, for the development of a citywide cost allocation plan and Senate
AGR -3752.D Bill 90 claiming services for fiscal years ending June 30, 2018, 2019 and 2020; and
authorize the Finance Director to take the necessary actions to implement and
administer the agreements.
8. Approve a Software Services Agreement with Power Market Consulting, Inc., in an
AGR -11234 amount not to exceed $77,000 per year, with a 3% annual subscription fee escalation
and a 2% annual hourly service rate escalation, for high voltage transmission database,
software analytics and related services for one year with four one-year optional
extensions; and authorize the Public Utilities General Manager, or designees, to execute
the Agreement, and deliver any other related documents and take all actions as are
necessary or advisable to implement and administer the Agreement.
9. Approve the First Amendment to Software License and Services Agreement and Order
Form with TIBCO Software Inc., in the amount of $2,710,330, that includes the first year
AGR- of maintenance in the amount of $524,580, and authorize annual maintenance renewals
6235.1 with a 3% escalator, for utility system interoperability software and resolution of software
license entitlement discrepancies; and authorize the Public Utilities General Manager to
AGR- execute the First Amendment and Order Form and take necessary or required actions to
6233.0.4 implement and administer the Software Licensing and Services Agreement dated May
18, 2010, as amended, and the Order Form.
13. Authorize the Director of the Community Services Department, or designee, to act as the
Certifying Official authorized to accept the Fiscal Year 2018 Japanese American
D150 Confinement Site Grant, execute all documents related to the administration and
management of the grant from the United States Department of Interior National Park
Service, in the amount of $38,833, for the Library Division; and increase the fiscal year
2018/19 revenue and expenditure appropriations in the Community Services Department
by $38,833.
14. RESOLUTION NO. 2018-128 A RESOLUTION OF THE CITY COUNCIL OF THE
R100 CITY OF ANAHEIM ratifying the submission of grant applications and the acceptance of
AGR -11256 grants on behalf of the City of Anaheim for the Selective Traffic Enforcement Program
AGR -11257 (STEP) grant, Pedestrian and Bicycle Safety Program grant and Child Passenger Safety
AGR -11258 Program grant, and authorizing the Chief of Police to execute all required grant
documents and amending the budget accordingly ($649,000 in grant funds).
15
AGR -
111259
16
D114
Approve an Encroachment Agreement with Walt Disney Parks and Resorts U.S., Inc. for
a pedestrian bridge over Magic Way adjacent to 1351 Disneyland Drive.
Approve minutes of City Council meetings of May 15, 2018 and June 1, 2018.
City Council Minutes of October 9, 2018
Page 10 of 22
END OF CONSENT CALENDAR:
5. Approve a Canine Transfer Release and Agreement to Indemnify, Defend and Hold
AGR- Harmless with Officer Dale Miller authorizing the transfer of ownership of retired Police
11233 Service Dog "Krieger".
Police Chief Jorge Cisneros reported that "Krieger" was an eight year-old German Shepherd and
was cross -trained for narcotics and apprehension. On his last apprehension, Krieger located the
suspect and was able to bring him into custody. Chief Cisneros further reported that Krieger's
retirement plans include playing with his little brother Finn, a black lab, and living with Officer
Miller and his family.
MOTION: Council Member Murray moved to approve the Canine Transfer Release and
Agreement to Indemnify, Defend and Hold Harmless with Officer Dale Miller authorizing the
transfer of ownership of retired Police Service Dog "Krieger", seconded by Council Member
Kring. APPROVED VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray,
Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried.
10. Approve the Second Amendment to Lease Agreement with Growth Opportunities
AGR- Through Athletics, Learning and Service (GOALS) extending the term to fifteen years with
9194 two five-year optional renewals for access to city properties for enrichment opportunities
including but not limited to recreational, educational and community services to the youth
within the Anaheim community and associated with the operation of the GOALS
Academy.
DISCUSSION: Mayor Pro Tem Moreno requested that the item be continued to allow additional
time for review.
MOTION: Mayor Pro Tem Moreno moved to continue Item No. 10 to October 23, 2018,
seconded by Council Member Barnes. APPROVED VOTE: AYES — 7: (Mayor Tait and Council
Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried.
11. Approve a License Agreement with Next Up Foundation to provide afterschool education
and youth skateboarding programs on a month-to-month basis at the Downtown Anaheim
Recreation facility and skate park located at 305 and 311 E. Broadway.
AG R-
11253 DISCUSSION: Council Member Kring indicated she would vote "no" due to complaints received
from Colony residents and continued problems at the location.
Mayor Tait addressed support for skate parks by previous Council members and requested a
staff report.
Community Services Director Larry Pasco introduced Recreation, Human, and Neighborhood
Services Manager, Sjany Larson -Cash, who oversees the contract with Next Up Foundation and
reported the item before Council was a License Agreement with Next Up Foundation to provide
afterschool education and youth skateboarding programs on a month-to-month basis. Mr. Pasco
explained the foundation is a non-profit organization that provides skateboarding and youth
development programs for elementary, middle, and high school age youth. The program's
City Council Minutes of October 9, 2018
Page 11 of 22
curriculum includes mentoring, academic support, health and wellness, and skateboarding as
core themes. The staff help implement activities in support of these programs through computer
classes, yoga, arts and creative workshops, career exploration workshops, and leadership
activities. The Next Up Foundation has been providing youth education and skateboarding
programs in Anaheim since 2010 through a partnership established with the Boys and Girls
Clubs of Anaheim. In 2016, with the relocation of the Boys and Girls Club to Manzanita Park,
Next Up entered into a month-to-month right of entry and license agreement with the City of
Anaheim as Successor Agency to the Anaheim Redevelopment Agency for use of the recreation
facility vacated by the Boys & Girls Club. Due to a land swap agreement approved by City
Council for the property where this facility is located, a new license agreement was required. Mr.
Pasco stated community meetings were held regarding additional amenities on that site and
becoming a park site. He further stated that Next Up Foundation proposed to provide afterschool
youth activities and skateboarding Monday -Friday, from 3:00 P.M.to 6:00 P.M. Under the terms
of the agreement, Next Up Foundation would assume responsibility for all expenses related to
the operation of the programming and day-to-day maintenance on these properties, while
Anaheim would pay for facility costs including utilities, refuse removal, and major facility repairs.
Council Member Murray expressed concerns about the issues that are impacting the residents
and would support putting it off for further review. She further advised that she supports skate
parks, but has concerns with this facility due to resident response.
Council Member Kring asked Mr. Pasco who controls the facility outside the timeframe that Next
Up uses the facility and encouraged staff to meet with the residents that are impacted by the
skate park.
Mayor Tait reported that Next Up was doing great things at the facility by providing programs and
classes to the youth, such as design, graphics, art and music. He highlighted that a Next Up
youth member designed a shoe as a fundraiser for the foundation. He expressed concerns with
not approving the agreement risking the shutdown of programs, as the agreement is on a month-
to-month basis.
Council Member Kring suggested that the City bifurcate the agreement to exclude skateboarding
until further review. Mr. Pasco advised that he would need to speak to the provider and did not
know if they would continue to provide services if the skateboarding curriculum was excluded.
Council Member Faessel expressed his concerns and asked Deputy Chief Julian Harvey to
speak about his experience with the facility. In response, Deputy Chief Harvey reported that what
he found was mischief -type crimes that ebbed and flowed and were often episodic, but did not
see it as indicative of a larger gang problem.
Council Member Faessel referred to the photos that were previously submitted to City Council
and noted that one of them shows five police vehicles on -scene and he was unable to determine
if it was a result of an event or mischief. In response, Deputy Chief Harvey said that community
responses needed to acknowledge a program that is helping the youth and not part of the
nuisance problem.
Mr. Pasco advised that after the Boys and Girls Club left there was an increase in crime. He
stated that Next Up was asked to come into the facility and provide a positive influence in the
area, which it has done, and Next Up has asked for exclusive rights to the skate park to manage
its use and ensure that there is a safe environment at the facility.
City Council Minutes of October 9, 2018
Page 12 of 22
Mayor Tait advised that moving forward puts their reporting structure to Community Services
from the Successor Agency who may not have the background to run youth programming.
Mayor Pro Tem Moreno proposed moving with the Next Up Foundation to support their work and
ensuring that someone would be on-site from 3:00 P.M. to 6:00 P.M.
Mr. Pasco indicated that there were opportunities to have more policing and lighting, which will
lead to less crime.
Council Member Vanderbilt asked if there was a plan to secure the ramps themselves and Mr.
Pasco advised that they do secure them but at times the chains do get cut.
Council Member Faessel expressed his concern that something needed to change and he would
be in support of the initiative if assurances could be made to secure the facility.
Council Member Murray expressed her concern with moving forward with action prior to an
operation plan and requested Council continue the item until the next City Council meeting.
Mayor Tait moved to approve a License Agreement with Next Up Foundation to provide
afterschool education and youth skateboarding programs on a month-to-month basis at the
Downtown Anaheim Recreation facility and skate park located at 305 and 311 E. Broadway,
seconded by Mayor Pro Tem Moreno. APPROVED VOTE: AYES — 5: (Mayor Tait and Council
Members Moreno, Vanderbilt, Barnes, Kring, and Faessel). NOES — 2 (Council Members
Murray and Kring). Motion carried.
12. Approve an agreement with the Orange County Flood Control District (District), adopting
AGR- a strategy to process encroachment permits allowing the City to design, construct and
11254 maintain bikeways and trails on District maintenance roads throughout the City as funding
becomes available for an initial term of 10 years with automatic annual renewals
thereafter for a maximum of 40 additional years; authorize the Director of Community
Services to execute the agreement and any related documents, and take the necessary
actions to implement and administer the agreement; and determine that the agreement is
not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3) and 15061(B)(3) of
Title 14 of the California Code of Regulations because there is no possibility that these
actions may have a significant effect on the environment and because these actions do
not constitute a "project" as defined in Section 15378 of Title 14 of the California Code of
Regulations.
Mayor Tait declared a conflict of interest on this item due to his firm's previous work with the
County of Orange and left the dais at 8:59 P.M.
DISCUSSION: Council Member Vanderbilt inquired regarding bikeways and trails on flood
control property and how the City will look out for the neighboring residences in regards to
security and use of property after hours. In response, Community Services Director Larry Pasco
advised that most of the trails will be available only from dusk to dawn and the facilities would not
be used during nighttime hours.
Mayor Pro Tem Moreno advised that this was a high need area and that he was excited for
residents in his district to have these opportunities.
MOTION: Council Member Vanderbilt moved to approve an agreement with the Orange County
Flood Control District (District), adopting a strategy to process encroachment permits allowing
City Council Minutes of October 9, 2018
Page 13 of 22
the City to design, construct and maintain bikeways and trails on District maintenance roads
throughout the City as funding becomes available for an initial term of 10 years with automatic
annual renewals thereafter for a maximum of 40 additional years; authorize the Director of
Community Services to execute the agreement and any related documents, and take the
necessary actions to implement and administer the agreement; and determine that the
agreement is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3) and
15061(B)(3) of Title 14 of the California Code of Regulations because there is no possibility that
these actions may have a significant effect on the environment and because these actions do not
constitute a "project" as defined in Section 15378 of Title 14 of the California Code of
Regulations., seconded by Council Member Kring. APPROVED VOTE: AYES — 6: (Council
Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. ABSTENTION:
- 1 (Mayor Tait recorded a conflict). Motion carried.
Mayor Tait returned to the dais at 9:02 P.M.
15. RESOLUTION NO. 2018-129 A RESOLUTION OF THE CITY COUNCIL OF THE
P124 CITY OF ANAHEIM accepting certain deed conveying to the City of Anaheim certain real
properties or interests therein (City Deed No. 12233;ACQ2018-01037;1351 Disneyland
Drive).
Public Works Director Rudy Emami reported the resolution would allow the construction of a new
pedestrian bridge over Magic Way to connect to the Cleo parking structure currently under
construction south of the Mickey and Friends parking structure, which was being built by -right
under the Specific Plan. He further advised that the City worked with Disney and the general
intent was to look for opportunities that resulted in safety for pedestrians. He also stated the
encroachment would only occupy airspace and the support structure will be outside the roadway
area. He stated that Disney would be paying for the bridge and would be responsible for any
future maintenance of the bridge.
DISCUSSION: Council Member Kring noted that there was no expense by the City and that the
bridge would be paid for by Disney.
Council Member Faessel inquired if there were a specific number of bridges identified in the
Specific Plan. In response, Mr. Emami advised that there were several identified in the plan that
was developed over 20 years ago, but due to development they were not in the exact locations
as the plans noted at that time.
Council Member Barnes asked if there was any conflict with the Specific Plan. Planning and
Building Director David Belmer advised that there was no conflict with the Specific Plan as it did
not preclude this bridge, nor did it require a bridge to be replaced.
Mr. Belmer further advised that the plan required a bridge over Disneyland Drive and required a
bridge over Harbor Boulevard in the event that parking structure was ever constructed.
Mr. Emami also clarified, at the request of Council Member Vanderbilt, that the support
structures are set outside of the street and outside of the 20 -foot landscape setback.
MOTION: Council Member Kring moved to approve RESOLUTION NO. 2018-129 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deed
conveying to the City of Anaheim certain real properties or interests therein (City Deed No.
12233;ACQ2018-01037;1351 Disneyland Drive), seconded by Mayor Pro Tem Moreno.
City Council Minutes of October 9, 2018
Page 14 of 22
APPROVED VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt,
Barnes, Kring, and Faessel). NOES — 0. Motion carried.
17. Receive and file report on Measure L, the Anaheim minimum wage initiative, including:
(1) who it would apply to, if passed; (2) what impacts it would have on city staff to
E127 manage the initiative; and (3) where Anaheim would fall in comparison to other California
cities that have an increase above the state minimum wage.
City Attorney Robert Fabela presented the item regarding Measure L, stating the minimum wage
schedule would begin in 2019 through 2023 and increase from $15 per hour to $18 per hour in
that time period. Mr. Fabela provided his opinion that Measure L applied to any hotel, motel,
amusement or theme park, or any retail store, restaurant, or other business offering food and
beverages within or adjacent to a hotel, motel, or amusement or theme park within the
Disneyland or Anaheim Resort Specific Plan zones, within an agreement to receive a tax rebate
from the City or was a contractor or tenant of a business with an agreement, and has 25 or more
employees.
Mr. Fabela clarified the term" tax rebate" as opposed to "subsidy." The definition of City Subsidy
in the measure was very specific and was defined as any agreement with the city pursuant to
which a person other than the city has a right to receive a rebate of transient occupancy tax,
sales tax, entertainment tax, property tax or other taxes, presently or in the future, matured or
unmatured. He further advised that with the specificity of the definition limits, what could be
considered a City Subsidy under the measure. He advised that the tax rebate currently applied
to the GardenWalk Hotel which will be branded as a J.W. Marriott, FJS, Inc. which will be
branded as a Westin; and Good Hope International, Inc., which has not commenced
construction.
Mr. Fabela also advised that he was not aware until recently that GardenWalk Shopping Center
was covered under a separate sales tax rebate program and it did appear that the shopping
center and its tenants would be subject to the minimum wage; however, he would review and
confirm at a future City Council meeting.
Mr. Fabela discussed the recent and current Disney -Anaheim agreements and advised that the
Entertainment Tax Policy Agreement and Hotel Incentive Operating Covenant were both
terminated in August 2018. He clarified that the bond transactions adopted in 1997, and still in
effect, were a very complicated transaction but was not considered a tax rebate under Measure
L.
City Attorney Fabela reported that there would be impact to the City as the City Manager was
specifically made an enforcer of complaints. The City Manager will be obligated to investigate,
and if a violation was found, would issue a 10 -day notice of compliance order and would be able
to debar the employer from any City subsidies for up to three (3) years.
Mr. Fabela noted that small businesses, with 100 employees or less, may apply for a Small
Businesses Exemption to the City Manager and can argue their position that the payment of a
minimum wage would be a financial hardship. He further advised that any legal defense
components would be through a writ action in court and the City Attorney's office would be
supporting and defending the City Manager's actions.
Deputy City Manager Greg Garcia explained how the minimum wage in Anaheim would compare
to other cities in California. He advised that most of the largest cities in California have a wage
City Council Minutes of October 9, 2018
Page 15 of 22
schedule to reach $15 per hour in 2022, as required by the State of California, and once they
reach that mark, would defer to the Consumer Price Index. He reported that Anaheim's wage
increase would likely outpace other comparable cities, with Anaheim having the highest minimum
wage in the state by 2022.
DISCUSSION: Council Member Murray advised City Council and the public that this independent
analysis clearly showed that the claims that were being made in the campaign were false. She
stated more than 80% of residents would not benefit from Measure L, directly refuting Mr.
McCracken's allegations. She further stated that Measure L was a political request on behalf of
Unite Here and advised that they have spent over $40,000 to promote Measure L. She thanked
City Attorney Fabela and City Manager Zapata for their independent analysis.
Council Member Murray requested that an item in regards to GardenWalk Shopping Center and
sales tax rebates come back at next City Council meeting to determine if they were impacted.
Mr. Fabela advised that they were only asked to look at the Disney -specific transaction and, in
his opinion, Disney was not subject to Measure L and that all businesses not covered under the
measure are subject to the California minimum wage.
Council Member Faessel thanked staff and believed that voters should have all of the information
they need to make an informed vote. He believed that Measure L will end up in litigation and
hoped that the City was not liable for any of that litigation.
Council Member Kring thanked staff for their report and noted that if the GardenWalk Shopping
area was subject to Measure L it would be detrimental to the City.
Council Member Vanderbilt noted that Measure L was brought forward due to negotiations of
hotel subsidy programs that did not involve all parties.
Mayor Pro Tem Moreno supported moving forward with Measure L and stated that Council did
have an opportunity to complete an Economic Impact Report, further noting Mr. Fabela would
need to look at each transaction to make an opinion on each business and that he believed that
affiliates of business that were located in the Resort will not be impacted. Mr. Fabela further
clarified that if Measure L was not passed, Disney could receive a subsidy and would not be
restricted based on paying employees California minimum wage versus a City minimum wage.
Mayor Pro Tem Moreno stated he supports Measure L which gives the City protection in that
companies will have to pay a higher wage and it puts the money back in the people's pockets.
He encouraged voters to not fall for the fear and to respect Mr. Fabela's opinion.
Mr. Fabela stated that he had not completed the analysis on the adjacent business tax rebate to
provide an opinion at this time.
Council Member Kring hoped that Disney would build the Disneyland Hotel and encouraged
them to do so.
Council Member Vanderbilt stated that investing in the Resort should not be at the expense of
the residents.
Council Member Murray reported on the funding campaigns for Disney and fellow Council
Members.
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City Council Minutes of October 9, 2018
Page 16 of 22
Mayor Pro Tem Moreno advised that he does not agree with Mr. McCracken's opinion and that
he greatly appreciated Mr. Fabela opinion.
Mayor Tait recessed the meeting at 10:39 P.M. and reconvened at 10:46 P.M.
MOTION: Council Member Kring moved to receive and file report on Measure L, the Anaheim
minimum wage initiative, including: (1) who it would apply to, if passed; (2) what impacts it would
have on city staff to manage the initiative; and (3) where Anaheim would fall in comparison to
other California cities that have an increase above the state minimum wage, seconded by
Council Member Murray. APPROVED VOTE: AYES — 7: (Mayor Tait and Council Members
Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried.
18. Receive and file presentation outlining opportunities along the Santa Ana River.
Community Services Director Larry Pasco, with Parks Manager Pamela Galera, presented the
item focusing on the portion of the river near the Honda Center, walking trails, passive turf areas,
and restaurants surrounding the river itself. In 2006, the UCLA Extension Landscape
Architecture Santa Ana River Corridor Design Studio completed a plan outlining opportunities
along the entire Santa Ana River entitled: A Vision Statement for the River, which was used as a
resource for subsequent discussions. In April 2013, the City Council approved The Anaheim
Outdoors Connectivity Plan that identified a system of green corridors specific for recreation uses
along the Santa Ana River. Mr. Pasco stated both of these studies would be used as a
foundation for future planning for the Santa Ana River. In March 2018, the California Coastal
Conservancy approved the Santa Ana River and Open Space Plan which was the first
deliverable from the Santa Ana River Conservancy to address resource and recreation goals in
the watershed.
The Urban Land Institute (ULI) was asked to look into potential opportunities and their regional
council volunteered to assist the City of Anaheim gain a better understanding of the Santa Ana
River's public benefit and to provide a starting point for future planning studies. The ULI outlined
steps for future studies and was excited about recreational and aesthetic opportunities along the
river. Mr. Pasco presented artist renderings of potential uses. The ULI Council recommended
that the City of Anaheim take the next steps in envisioning opportunities along the river. Staff
recommended that the City engage a technical advisor panel from ULI to flush out the process
required to adequately address the stakeholder engagement, opportunities, and constraints.
Staff would also engage the Santa Ana River Conservancy and will need to continue dialogue
with neighboring cities and agencies.
City Manager Chris Zapata added that the Santa Ana River project presented a huge opportunity
for the City of Anaheim.
DISCUSSION: Council Member Faessel recalled a presentation on this in 2006 and is excited
about the project.
Council Member Murray thanked staff for their presentation, is excited about the possibilities, and
would like staff to explore grants and partnerships to fund this project.
Council Member Kring expressed her excitement about the project
City Council Minutes of October 9, 2018
Page 17 of 22
Mayor Pro Tem Moreno asked about the timeline for the project to which Mr. Pasco advised that
he felt that this would be an eight (8) year plan.
Council Member Vanderbilt advised that the Flood Control District is probably an agency to begin
engaging in conversations with regarding this project.
MOTION: Council Member Kring moved to receive and file presentation outlining opportunities
along the Santa Ana River, seconded by Council Member Murray. APPROVED VOTE: AYES —
7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel).
NOES — 0. Motion carried.
19. RESOLUTION NO. 2018 — 2130 A RESOLUTION OF THE CITY COUNCIL OF THE
D114 CITY OF ANAHEIM amending City Council Policy 1.5 relating to special event financial
support.
Community Services Director Larry Pasco introduced Recreation, Human and Neighborhood
Services Manager, Sjany Larson -Cash, and presented the item as an amendment to the current
policy, advising that community events can qualify for this new designation of a "Signature
Anaheim Event" if they have been in existence in the City of Anaheim for at least 20 consecutive
years, attendance at the event is regularly in excess of 25,000 participants, sponsorship funds
are no more than 50% of the event's total expense budget, and the event is open to all Anaheim
residents creating a sense of community pride. Additionally, all events designated as "Signature
Anaheim Events" will also be required to submit a comprehensive event budget prior to
distribution of funds. If approved, the new designation and opportunity for increased funding for
Signature Events will be implemented beginning in 2019.
DISCUSSION: Mayor Pro Tem Moreno stated that this helps fund events that have become so
large that a stressful portion of the event is fundraising. He felt that this builds a great sense of
community and a great partnership to help maintain the events.
In response to Council Member Vanderbilt, Ms. Larson -Cash advised that the funds can be
financial or in-kind and could be used towards the cost of police or security. She also stated that
if there were staffing costs related to the event, then those costs would need to be reimbursed,
although staff liaisons provide day -of event work in supporting logistics. She lastly advised that
the top three (3) events are the Anaheim Fall Festival and Halloween Parade, 41h of July
Celebration, and Cinco De Mayo celebration.
Council Member Faessel expressed that this was a great idea and was excited about this
opportunity.
Council Member Murray noted that there were newer City events that have become signature
and do not meet the twenty-year status and this would limit events that have become significant.
In response, Mr. Pasco advised that the goal was to identify events that were large and where
attendance can be verified. He also advised that various groups apply each year and there was
an evaluation process to do a comprehensive job in vetting the applications to ensure fairness
and to evaluate applications to determine if the criteria has been met.
Council Member Murray asked if a statement can be added stating "and/or at the discretion of
the City Manager Office or City Council" to allow for discretion in events that might not meet the
criteria, but are important to the community.
City Council Minutes of October 9, 2018
Page 18 of 22
Mayor Pro Tem Moreno asked if the better way was to have City Council make an exemption so
that the policy can be waived by the City Manager Office. City Manager Chris Zapata had no
concerns and City Attorney Robert Fabela indicated that there should not be any problem adding
this to the resolution.
Council Member Barnes asked whether a one-time large event, for example the Little League
wins the World Series, would qualify. In response, Mr. Pasco advised that they could apply now,
and the City Council could waive the policy on a case by case basis.
MOTION: Mayor Pro Tem Moreno moved to approve RESOLUTION NO. 2018- 130 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending City Council
Policy 1.5 relating to special event financial support, seconded by Council Member Vanderbilt.
APPROVED VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt,
Barnes, Kring, and Faessel). NOES — 0. Motion Carried.
20. Receive and file report containing crime data including year to date, year over year, five
and ten-year analyses along with comparison information.
D160 Police Chief Jorge Cisneros and Deputy Police Chief Julian Harvey presented the item and
acknowledged the hard work of Code Enforcement, the City Attorney's Office, Parks, Libraries,
and School Districts with after school programs which also provide prevention.
Chief Cisneros advised that there was an 8% decrease in total Part 1 crimes, 7% decrease in
Violent Crimes, and 9% in property crimes. He further advised that there was a small uptick in
violent crime between 2016 and 2017 in the robbery section, but overall 2017 experienced a 2%
reduction over 2016.
Chief Cisneros reported that the City of Anaheim was ranked, in top ten cities with populations
over 350,000, No. 3 with lowest violent crime, No.10 with lowest property crime, and No. 3 with
the lowest population of officers per 1,000.
Chief Cisneros reported on Priority 1 crime response times and advised that some changes were
changes in technology and procedures which led to lower response times. He further reported on
calls that deal with a criminal or an ordinance issue and then define that the individual is
homeless or transient and advised that there were 13,000 year to date and that there was a
small uptick in those statistics and they were addressing those issues.
DISCUSSION: Mayor Tait congratulated Anaheim Police Department for the great work that has
been done. He also hoped to see a reduction in the transient calls once the emergency beds
were in place.
Council Member Vanderbilt asked if these calls were inbound and Chief Cisneros advised that
the statistics were around dispatch calls.
Council Member Faessel appreciated that the report went back ten (10) years but wanted to
know if the report took into account the changes in crimes because some thresholds for certain
crimes have gone up. Chief Cisneros advised that staff needed further time to provide further
analysis.
Council Member Murray thanked the Anaheim Police Department for their hard work and asked
that it be brought back to the next City Council meeting.
City Council Minutes of October 9, 2018
Page 19 of 22
Mayor Pro Tem Moreno asked if Chief Cisneros could bring back a map of property crimes and
provide a report on the comparison between the City with the highest ratio and their crime rates
compared to the City of Anaheim.
Council Member Kring thanked Anaheim Police Department.
Council Member Barnes asked if there was technology that would provide a notification when a
serious incident occurred. Deputy Chief Harvey encouraged people to sign up for Anaheim Alert,
which allows dispatchers to send a message to a specific geographic location.
MOTION: Council Member Kring moved to receive and file report containing crime data
including year to date, year over year, five and ten-year analyses along with comparison
information, seconded by Council Member Murray. APPROVED VOTE: AYES — 7: (Mayor Tait
and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0.
Motion carried.
At 11:51 P. M., Mayor Tait considered the agenda out of order, taking Item No. 22 prior to Item
No. 21.
5:30 P.M. PUBLIC HEARING:
22. This is a public hearing to consider the extension of Urgency Ordinance No. 6445
M142 adopting an interim measure imposing a moratorium on the establishment of needle
exchange programs within the City of Anaheim.
ORDINANCE NO. 6446 AN URGENCY ORDINANCE OF THE CITY OF ANAHEIM
extending of Ordinance No. 6445, an interim measure of the City of Anaheim imposing a
moratorium on the establishment of needle exchange programs within the City of
Anaheim, for a period of 10 months and 15 days (A copy of the full text of the proposed
urgency ordinance is available for review in the Office of the City Clerk).
Determine that the urgency ordinance extending the moratorium on the establishment of
needle exchange programs is not subject to the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3) and 15061(b)(3) of the State
CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect
physical change in the environment, because there is no possibility it will have a
significant effect on the environment, and it is not a "project", as defined in Section 15378
of the State CEQA Guidelines.
City Attorney Robert Fabela noted that the action before Council was procedural in order to
extend the moratorium for a period of 10 months and 15 days, which was consistent with state
law.
Mayor Tait opened the public hearing for comments.
William Fitzgerald, Home Owners Maintaining Our Environment, expressed his concerns
regarding the skate park and support its closure. He said that many homeless died needlessly
due to infected needles and he supported the Needle Exchange Program.
"The Cameraman" spoke about the underlying issue and would like to see more programs that
support drug use prevention.
City Council Minutes of October 9, 2018
Page 20 of 22
David Klawe, resident, noted that it was important that the City remain in control of the Needle
Exchange Program and requested that the City Council extend the moratorium.
Bryan Kaye spoke of the Needle Exchange Program and his communication with the City
Council.
Mayor Tait closed the public hearing.
DISCUSSION: Council Member Faessel noted that there were two incidents in Anaheim parks
with children being pricked by hypodermic needles. He said that these events lend support to
extending the moratorium.
Council Member Murray thanked Mr. Fabela for his office's work and supported the moratorium
on a program that has little to no oversight. Mr. Fabela explained that the extension would be for
a period of 10 months and 15 days and after the extension there should be a program in place
but an opportunity for an extension would be made available. Council Member Murray
recommended that staff bring back parameters around the program by the end of the year.
Mayor Pro Tem Moreno also spoke about the children who were impacted by hypodermic
needles. Mr. Fabela advised that he was not certain how the State of California worked with this
and believed the City has a strong position on its program.
Mayor Pro Tem Moreno asked staff to investigate a needle disposal programs around the City
and asked Mr. Fabela to look into criminal enhancements for individuals who use around a
school.
MOTION: Council Member Kring moved to approve ORDINANCE NO. 6446 AN URGENCY
ORDINANCE OF THE CITY OF ANAHEIM extending of Ordinance No. 6445, an interim
measure of the City of Anaheim imposing a moratorium on the establishment of needle
exchange programs within the City of Anaheim, for a period of 10 months and 15 days and
determine that the urgency ordinance extending the moratorium on the establishment of needle
exchange programs is not subject to the California Environmental Quality Act (CEQA) pursuant
to Sections 15060(c)(2), 15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines because it
will not result in a direct or reasonably foreseeable indirect physical change in the environment,
because there is no possibility it will have a significant effect on the environment, and it is not a
"project", as defined in Section 15378 of the State CEQA Guidelines., seconded by Council
Member Murray. APPROVED VOTE: AYES — 7: (Mayor Tait and Council Members Moreno,
Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried; ordinance adopted.
21. District 4 appointment of unscheduled vacancy on the Community Services Board for a
term ending December 31, 2020.
8105
Community Services Board
District 4 appointment: Paula Schuerger (December 31, 2020)
(unscheduled vacancy, Lori Farrow)
Council Member Kring appointed Paula Schuerger to Community Services Board, District 4.
City Council Minutes of October 9, 2018
Page 21 of 22
Report on Closed Session Actions:
City Attorney Robert Fabela announced for Closed Session Item No. 03 Council approved the
initiation of litigation to enforce breach of contract and lawful detainer. APPROVED VOTE: 6-0
(AYES: Mayor Tait and Council Members Moreno, Murray, Barnes, Kring, and Faessel;
ABSENT: Council Member Vanderbilt).
Council Communications/Agenda Requests:
Council Member Murray requested the City Attorney return to the next meeting to address and
include the Gardenwalk and its businesses in his Measure L analysis as well as address the
impact to businesses if a court ruled that the bonds covered the entire Anaheim Resort district.
She also requested parameters related to needle exchange be developed to allow for city control
to be presented before the end of the year. Further, she requested information about hotel
revenue at the next meeting and the effects of hotels, both built and cancelled, based on the
city's five-year forecast and estimated net revenue.
Council Member Kring thanked the OC Auto Show for the event and for offering free admission
to Anaheim residents.
Mayor Pro Tem Moreno stated he attended several events over the last month and thanked staff
for attending and answering residents' questions. He announced a District 3 Community
Meeting on Tuesday, October 16 at the Native American Methodist Church and the December
15 retirement celebration honoring Fire & Rescue Chief Randy Bruegman.
Council Member Barnes reported her attendance at a tour of Hope Center of the Arts and
commended them for their efforts and services. She thanked staff for their work at Maxwell Park
and requested the County provide more support for additional clinicians. She requested a Code
Enforcement review of campaign signs, to address their size, placement, removal requirements,
and potential fines.
Council Member Vanderbilt stated he spoke with the Anaheim Small Business Association,
including about home occupancy permits. He requested Item No. 11 return to Council at the
next meeting to accommodate Council Member Kring's schedule; announced he met with the
Anaheim Elementary School District superintendent and Principal Moreno of Ponderosa School
regarding parking and circulation issues; he represented the city at the 12th Annual Health Fair;
attended a traditional clothing display of the Emanuel Romanian Church, and went to the Open
Mosque Day hosted by the West Coast Islamic Society.
Council Member Faessel reported his attendance at the Hope Center of the Arts and suggested
working together to help them find a new home. He reported his participation at the Anaheim
Community Foundation fundraiser at Dad Miller Golf Course, District 6 Coffee with a Cop, and
Anaheim Manufacturing Day at Reborn Cabinets. He announced Walk/Bike to School Day on
October 10, Congressman Correa's Hispanic Heritage Month event on October 13 at the
Downtown Community Center, a free concert to benefit the Leukemia and Lymphoma Society at
Calvary Baptist Church on October 10, the dedication of the Fassel Fitness Center at Anaheim
High School on October 19, and Oktoberfest at the Phoenix Club through the end of the month.
Mayor Tait, in relation to Council Member Murray's request, asked the budget analysis include
assumptions that visitors continued to visit Anaheim without hotels built. He reported his
City Council Minutes of October 9, 2018
Page 22 of 22
attendance at the U.S. Conference of Mayors leadership meeting in Columbia, SC, on
September 27-29, 2018.
Adjournment:
With no other business to conduct, Mayor Tait adjourned the October 9, 2018 Council meeting at
12:32 A.M. on October 10, 2018, in memory of Joseph Bruce, longtime City employee.
Respectfully submitted,
Theresa Bass, CMC
City Clerk