08/27/2019 ANAHEIM CITY COUNCIL
REGULAR AND REGULAR ADJOURNED MEETING
OF AUGUST 27, 2019
The regular meeting of August 27, 2019 was called to order at 3:00 P.M. and adjourned to
4:00 P.M. for lack of a quorum. The regular adjourned meeting of August 27, 2019 was called to
order at 4:00 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 August 22, 2019.
PRESENT: Mayor Harry Sidhu and Council Members Lucille Kring, Jordan Brandman,
Stephen Faessel, and Trevor O'Neil.
STAFF PRESENT: City Manager Chris Zapata, City Attorney Robert Fabela, and City Clerk
Theresa Bass.
ADDITIONSIDELETIONS TO CLOSED SESSION: City Attorney Robert Fabela announced
Item No. 2 pertained to a request amicus support from the City of Boise in connection with its
request that the U.S. Supreme Court review the lower court's decision in the Martin v. Boise
case.
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
CLOSED SESSION: At 4:01 P.M., Mayor Sidhu recessed to closed session for consideration of
the following items (Council Members Denise Barnes and Jose F. Moreno joined the meeting
during closed session).
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Rebecca Lawrence v. City of Anaheim, Orange County Superior Court
Case No. 30-2017-00948837-CU-WT-CJC
2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
(Initiation of litigation —authorization to file amicus curiae brief pursuant to
paragraph (4) of subdivision (d) of the California Government Code Section
54956.9: One potential case
4. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representatives: Linda Andal, Human Resources Director and
Angel Ho, Employee Relations Manager
Name of Employee Organization: Anaheim Municipal Employees Association
At 5:00 P.M., Mayor Sidhu reconvened the Anaheim City Council.
INVOCATION: Pastor Kim Skilling, Anaheim Presbyterian Church
FLAG SALUTE: Council Member Stephen Faessel
City Council Minutes of August 27, 2019
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ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Recognizing September 2019, as World Alzheimer's Awareness Month
Recognizing September 2019, as National Preparedness Month
Fire Chief Patrick Russell.accepted the recognition and provided a brief history of National
Preparedness Month and noted the 2019 theme is "Prepared Not Scared".
Recognizing September 15, 2019— October 15, 2019, as Hispanic
Heritage Month
ADDITIONS/DELETIONS TO THE AGENDA: City Clerk Theresa Bass announced approval of
Item No. 20 would include a minor revision to Exhibit A, as distributed to City Council and made
available to the public.
PUBLIC COMMENTS: Prior to receipt of public comments, an outline of new rules for public
comments and a brief decorum statement was provided by City Clerk Theresa Bass.
Mark Richard Daniels encouraged City Council to do the right thing for the residents of La Paz.
Mr. Daniels addressed the stadium negotiations, stating the public has the right to know what is
going on in the City and requested the appraisal be made public.
Duane J. Roberts expressed his concerns with Mayor Sidhu being appointed to the City team
leading negotiations with Angels Baseball. Mr. Roberts referenced documents stating that
Angels gave $10,000 to Anaheim Economic Development non-profit agency for a 4th of July
event per the Mayor's request and further expressed concerns with Mayor Sidhu receiving
campaign contributions from executives and developers linked to the Angels.
Alfredo Heredia expressed his support for Item No. 13 and referred to a prior decision of the City
Council to not implement an admission tax for Disneyland, which he felt could have brought
revenue to the City and address homelessness.
R. Joshua Collins, Homeless Advocates for Christ, encouraged City Council to lift the camping
ban and provide homeless vouchers. He further expressed concerns with the conditions at the
homeless shelters.
Ernesto Medrano, representing the men and women of the building trades, supported Mayor
Sidhu's goals in negotiating with Angels Baseball and stated that few cities have an asset like a
stadium that provides potential for development and paying jobs.
Sam Hurtado expressed his support for Item No. 33 and Mayor Sidhu's goals in negotiating with
Angels Baseball and stated that the negotiations need to be handled properly in order to be
successful.
Christian Betancourt, Plasterer's Union Local 200, expressed support for the Mayor's goals in
negotiating with Angels Baseball, as this would benefit skilled labor and provides job
opportunities.
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Roy Afusia, Sprinkler Fitters U.A. Local 709, expressed his support for Item No. 33 and lent
support for Mayor Sidhu's goals in negotiating with Angels Baseball. He believed there was
potential in_the property, negotiations needed to be done the right way, and requested an
agreement that results in job building.
Henry Hillebrecht, UA Local 582, expressed his support for Item No. 33 and lent support for
Mayor Sidhu's goals in negotiating with Angels Baseball, stating the building trades have put
thousands of skilled workers to work in Anaheim with good paying jobs that support families.
Sal Ortiz, Anaheim First Advisory Board Member, expressed his support for Item No. 33 and lent
support for Mayor Sidhu's goals in negotiating with Angels Baseball, with an approach that
makes sense and is best way to proceed for potential for the City and its residents.
Ahn Pham expressed his support for Item No. 33 and lent support for Mayor Sidhu's goals in
negotiating with Angels Baseball. He requested an approach for a win-win situation, as he
believed there were great benefits having a team in Anaheim with good revenue and
opportunities for the City.
Kris Murray expressed her support for Item No. 33 and encouraged City Council to negotiate for
the residents of Anaheim. She referred to previous negotiations and believed it was time to
return to the table. She discussed the joy the Angels bring each season to all who love baseball,
believed they were instrumental to the strength of the economy, highlighted charitable
endeavors, and saw them as a trusted community partner and instrumental part of the City's
legacy.
Tim addressed Item No. 31 and encouraged City Council to provide additional assistance to the
residents of Rancho La Paz, as he wanted to live there for the rest of his life. He hoped Anaheim
could find a reasonable solution.
Cheryl Moi, Rancho La Paz resident, encouraged City Council to provide additional assistance to
the residents of Rancho La Paz. While proud of the Angels, she requested the name include
Anaheim again.
William Fitzgerald, Home Owners Maintaining Our Environment, expressed concern regarding
Item No. 13 and encouraged City Council to vote against the item, alleging it only benefits
Disneyland and not the people.
Victor Cao, Vice-President of Public Affairs, California Apartment Association, expressed his
opposition to Item No. 30 and encouraged City Council to vote against the item unless amended.
Jeanine Robbins expressed concern regarding transparency regarding negotiations with Angels
Baseball. She shared that residents want to know what is going on with the City's most valuable
asset and expressed her concerns with having Mayor Sidhu participate in the negotiations.
Lupe Ramirez, Rancho La Paz Homeowners Association, expressed her concerns about the
situation at Rancho La Paz. She shared that the 53% rent increase to those that live on Social
Security can lead to homelessness and requested the City Council provide additional assistance
to the residents of Rancho La Paz.
City Council Minutes of August 27, 2019
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Tamara Jimenez, Anaheim Lighthouse, expressed her support for Item No. 35, thanked
everyone for their hard work, and shared that Anaheim Lighthouse is a residential dual diagnosis
drug and alcohol treatment center, which provides detox services.
Wally Courtney expressed concern regarding negotiations with Angels Baseball and asked for
clarification if the lease has been reinstated and felt, if the Angels are shopping around, maybe
the City should also shop around.
Paul Hyek expressed his concern regarding Item No. 30 and encouraged City Council to provide
additional assistance to the residents of Rancho La Paz.
Rich Gomez, Southwest Regional Council of Carpenters representing over 1000 members and
their families that reside in Anaheim, stated Anaheim cannot lose the Angels to another city and
encouraged Council to keep them here.
John Hanna, Southwest Regional Council of Carpenters, expressed it is important to keep the
Angels in Anaheim and ensure the greatest benefit for the public.
David Klawe expressed his support for Item No. 14 and encouraged City Council to negotiate
Item Nos. 32 and 33 in the best interest of Anaheim.
Daniel Larson, resident of Rancho La Paz, stated negotiations with Mr. Saunders have not gone
very well and a majority of the residents are on a fixed income from Social Security. He
recommended a rent stabilization bill according to the cost of living.
Rachel Rolnicki, Senior Field Representative for Congressman Lou Correa, read a statement
from Congressman Correa in support of the Item No. 35.
Mike Robbins expressed his concern regarding the Angels negotiations and the taking of
campaign contributions from special interests, which can lead to a corrupt system not serving the
best interest of the people.
Ross McCune, Chairman of the Board, Anaheim Chamber of Commerce, expressed his support
for Item No. 33 and stated the City has an opportunity to ensure a world class professional sports
team continues to call Anaheim home and that it would guarantee remarkable returns and
benefits for the city and its residents.
Bob Donelson addressed the negotiations with Angels Baseball and stated he could not
understand how the City would lose money by putting Anaheim in the name, rather than being
called the Los Angeles Angels.
Jessica Vera, resident of Rancho La Paz, encouraged City Council to provide additional
assistance to the residents of Rancho La Paz and commented that it is hard to believe that
residents are debating between paying outrageous rent increases rather than their medicines.
David Mier felt that it did not make sense to release the appraisals during negotiations. He sated
that it would be strategic error to make public the value of that property before an offer can be
made. He encouraged Council to approach negotiations the right way.
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Kenneth Batiste encouraged City Council to provide additional assistance to the residents of
Rancho La Paz, expressed his concerns with the Angel negotiations, and highlighted campaign
contributions received by the City Council.
Zack Beasley expressed his support for Item No. 33 and lent support for Mayor Sidhu's goals in
negotiating with Angels Baseball.
Bryan Kaye expressed concern regarding the language used by Anaheim Police and
encouraged City Council to investigate.
Diana H., a resident at Mercy House, expressed concern regarding a recent death at Mercy
House and encouraged City Council to look into the matter.
Pam Donelson encouraged City Council to provide additional assistance to the residents of
Rancho La Paz.
CITY MANAGER'S UPDATE:
City Manager Chris Zapata announced the first meeting of the Council sub-committee of Mayor
Sidhu and Council Members Brandman and Faessel was held earlier this day to discuss the
process of Community Workforce Agreements, a second meeting would be held in September,
and the item would come before Council hopefully in October. He also announced the Young
Leaders Program by Orange County Supervisor Doug Chafee for Anaheim high school juniors
and seniors, with more information available at 714-834-3440.
CONSENT CALENDAR: At 6:47 P.M., the consent calendar was considered. Council Member
Brandman noted for the record a conflict of interest on Item No. 19 and recorded his abstention
on the item. Mayor Pro Tern Kring recorded a "No" vote on Item No. 20. Council Member O'Neil
pulled Item No. 03; Council Member Moreno pulled Item No. 11; Council Member Barnes pulled
Item Nos. 13 and 18; and Council Member Faessel pulled Item No. 14 for separate discussion
and consideration.
MOTION: Mayor Pro Tern Kring moved to waive reading 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
Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel and O'Neil). NOES —
0. Motion carried.
8105 1. Receive and file minutes of the Library Board meeting of July 8, 2019.
D116 2. Approve proclamations recognizing the American Legion's 100th Anniversary (September
21, 2019), Constitution Week (September 17-23, 2019), Childhood Cancer Awareness
Month (September 2019), and Library Card Sign-Up Month (September 2019).
D117 4. Approve the Investment Portfolio Report for July 2019.
City Council Minutes of August 27, 2019
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D182 5. Approve and authorize the Fiscal Year 2018/19 net write-off of uncollectible utility
accounts totaling $866,859.
D117 6. Approve and authorize the Fiscal Year 2018/19 write-off of uncollectible miscellaneous
accounts receivable totaling $1,881,570.
D180 7. Accept the bid from Merchants Landscape Services, in an amount not to exceed
$348,000 plus a 20% contingency, to provide landscape maintenance services for the
east portion of the Anaheim Resort Maintenance District 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 #9320.
D180 8. Waive the sealed bid requirement of Council Policy 4.0 and ratify an interim master
agreement with BrightView Landscape Services, Inc., in an amount not to exceed
$70,000, to provide continued landscape maintenance services for the east portion of the
Anaheim Resort Maintenance District for the month of August 2019.
•
D180 9. Waive the sealed bid requirement of Council Policy 4.0 and ratify the current master
agreement with BrightView Landscape Services, Inc. increasing the agreement by an
additional $75,000 for a total amount of$765,955, due to additional costs for landscape
maintenance services for the west portion of the Anaheim Resort Maintenance District.
D180 10. Waive the sealed bid requirement of Council Policy 4.0, and ratify a purchase order
master agreement issued to All Star Fire Equipment, Inc., in an amount not to exceed
$150,000, for the purchase of Lion Apparel's Janesville brand firefighting protective
garments for the period ending December 31, 2019.
AGR-11698 12. Award the contract to the lowest responsible bidder, Onyx Paving Company, Inc., in the
amount of$888,000, for the Riverdale Avenue Rehabilitation Project from the SR-91
Freeway to Lakeview Avenue; determine the project is categorically exempt under the
California Environmental Quality Act pursuant to Class 1, Section 15301 of Title 14 of the
California Code of Regulations; and authorize the Finance Director to execute the Escrow
Agreement pertaining to contract retentions.
AGR-11677 15. Approve an agreement with Eagle Systems International, Inc. dba Synergy Companies,
AGR-11678 in an annual amount not to exceed $1,098,525.50 with a 10% contingency for extra
services, for energy and water efficiency services for a term of three years with up to
AGR-11679 three one-year extensions, and any authorized Consumer Price Index increases in an
AGR-11680 amount not to exceed 5% during the term extensions; approve three agreements for
energy and water efficiency products each for a term of three years with up to three one-
year extensions with 1) American Electric Supply, Inc., in an amount not to exceed
$145,775 annually with a 10% contingency for extra products, 2) Greenlite Lighting
Corporation USA, in an amount not to exceed $675,499 annually with a 10% contingency
City Council Minutes of August 27, 2019
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for extra products, and 3) AM Conservation Group, Inc. in an amount not to exceed
$7,255 annually with a 10% contingency for extra products; and authorize the Public
Utilities General Manager, or designee, to execute all four agreements and any related
documents, and take the necessary, required, or advisable actions to implement, fund,
and administer all four agreements.
AGR- 16. Approve the First Amendment to Agreement with Avasant, LLC., increasing the
11491.1 agreement by an additional $35,900 for a total amount not to exceed of$367,000, for
advisory services for Information Technology Outsourcing.
17. Approve an agreement with Sequoia Concepts, Inc. dba Sequoia Financial Services, Inc.,
AGR- in an amount not to exceed $75,000 per year, to provide collection services for unpaid
11681 and delinquent miscellaneous accounts receivable due to the City for a two year term
with up to four one-year extensions and authorize the City Manager to execute the
agreement and take the necessary actions to implement and administer the agreement.
AGR- 19. Approve Workforce Innovation and Opportunity Act Agreements with Orange County
9563.D Conservative Corps, in an amount not to exceed $263,366, and Taller San Jose Hope
AGR- Builders, in an amount not to exceed $175,578, to implement programs designed to
10248.0 assist local disadvantaged youth to prepare for joining the workforce, both for a term of
July 1, 2019 through June 30, 2021 and authorize the Director of Community and
Economic Development, or designee, to execute and administer the agreements.
Item No. 19 Council Member Brandman recorded a conflict of interest.
Council Member Brandman abstained on this item due to a conflict of Interest. MOTION: Mayor
Pro Tem Kring moved to approve, seconded by Council Member Faessel. ROLL CALL VOTE:
AYES— 6: (Mayor Sidhu and Council Members Kring, Barnes, Moreno, Faessel and O'Neil).
NOES— 0. ABSTENTION— 1: Council Member Brandman. Motion carried.
AGR- 20. Approve a Professional Services Agreement with Lawyers' Committee for Civil Rights
11701 Under Law, in an amount not to exceed $150,000 for the initial term, to prepare the Fiscal
FROM: Year 2020-2024 Regional Analysis of Impediments to Fair Housing Choice, whereby the
AGR- city acts as the lead for the regional assessment, with two one-year optional renewals;
11701.1 approve a Memorandum of Understanding and Payment Agreement, in substantial form,
TO: with HUD entitlement jurisdictions within Orange County to participate and contribute their
AGR- respective cost share of the regional study; and authorize the Community and Economic
11701.XX Development Director, or designee, to execute and administer the agreements
III (Continued from Council meeting of July 30, 2019, Item No. 15).
Mayor Pro Tem Kring recorded a "No"vote on this item. MOTION: Mayor Pro Tern Kring moved
to approve, seconded by Council Member Faessel. ROLL CALL VOTE: AYES— 6: (Mayor
Sidhu and Council Members Barnes, Brandman, Moreno, Faessel and O'Neil). NOES— 1
(Mayor Pro Tern Kring). Motion carried.
City Council Minutes of August 27, 2019
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AGR- 21. Approve a Cooperative Agreement with the County of Orange for the funding, design,
11685 and construction of the OC Loop El Cajon Trail Bikeway/Mixed Use Path (Segment H;
Fairmont Boulevard between the northern city limits and the intersection of Fairmont
Boulevard and La Palma Avenue).
AGR 22 Approve an Agreement for Acquisition of Real Property with the Korth Family Limited
11695 Partnership, in the acquisition payment amount of$11,000, for a public utility easement
and a temporary construction easement located at 1295 East Lincoln Avenue for the
Lincoln Avenue Widening Project from East Street to Evergreen Street (R/VV ACQ 2016-
00784).
P110 23. RESOLUTION NO. 2019-098 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and
easements (Abandonment No. ABA 2019-00395) (Center Street adjacent to the
southeast corner of Lincoln Avenue and Manchester Avenue) (Public hearing scheduled
for October 22, 2019).
P178 24. RESOLUTION NO. 2019-099 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM accepting irrevocable offers of dedication of certain real property
and/or facilities (Tract Map No.17959; dedication of an easement for sidewalk, curb
ramps, and other public purposes; also the public sewer system and appurtenances, and
the storm drain and appurtenances, for Auburn Heights, generally located along Anaheim
Hills Road, south of Santa Ana Canyon Road).
P124 25. RESOLUTION NO. 2019-100 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain
real properties or interests therein (City Deed Nos. 12238, 12311, 12312, 12313; public
right-of-way purposes).
P124 26. RESOLUTION NO. 2019-101 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain
real properties or interests therein (City Deed Nos. 12309 and 12310; certain real
property interests in conjunction with the Lincoln Avenue Widening from East Street to
Evergreen Street Improvement Project).
D182 27. RESOLUTION NO. 2019-102 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ratifying the submission of an application, on behalf of the City of
Anaheim, to the Southern California Association of Governments for electric vehicle
charging infrastructure planning services from the 2018 Sustainable Communities
Program; and authorizing the Public Utilities General Manager, or designee, to accept the
awarded services, and take such actions as required by the program.
City Council Minutes of August 27, 2019
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D114 28. Approve minutes of the Council meetings of November 20, 2018, December 3, 2018, and
December 4, 2018.
END OF CONSENT CALENDAR:
D106 3. Increase the Fire & Rescue Department's Fiscal Year 2019/20 budget by $250,000 for
additional one-time wildfire protection and wildland abatement efforts at the discretion of
the City Manager and Fire Chief.
DISCUSSION: Council Member O'Neil expressed his gratitude to the Fire Department, City
Manager's Office, and Community Services Department for developing additional mitigation
measures in high-fire risk areas, which includes a $250,000 discretionary budget item for the
removal of invasive plants in high risk areas, purchase of additional equipment, feasibility study
for a secondary access/egress from the Mohler Loop area, additional undergrounding of power
lines, increase in educational programs, expanding the camera program, and potentially
increasing staffing during high fire times, if necessary.
City Manager Chris Zapata clarified that the City Manager and the Fire Chief are the two
authorities who will have discretion over the $250,000 budget increase.
In response to Council Member Moreno's inquiry, Mr. Zapata advised the funding will come from
any savings at the end of the fiscal year and if none are available, will return to City Council for
appropriations but is currently coming from the Reserve Fund.
MOTION: Council Member O'Neil moved to increase the Fire & Rescue Department's Fiscal
Year 2019/20 budget by $250,000 for additional one-time wildfire protection and wildland
abatement efforts at the discretion of the City Manager and Fire Chief, seconded by Council
Member Moreno. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Kring,
Barnes, Brandman, Moreno, Faessel and O'Neil). NOES — 0. Motion carried.
AGR- 11. Approve the naming of the City's Downtown Green Space property, currently serving as a
11700 park site and slated for upgrades, as Center Greens; award a Professional Design
Services Agreement, in substantial form, to Schmidt Design Group, Inc., in an amount not
to exceed $202,816, for design of the Center Greens, Phase 1, project; authorize the
Director of Community Services, or designee, to execute the agreement and any other
related documents and take the necessary actions to implement and administer the
agreement, authorize minimal changes to the agreement that do not substantially change
the terms and conditions of the agreement, so long as such changes are determined to
be minimal by the City Attorney's Office; and authorize the Director of Community
Services, or designee, to increase the contract amount by up to 10%, if such increase is
necessary.
Director of Community Services Larry Pasco reported that the item is an approval for an award of
agreement for the formal design services to solidify the conceptual design for the green space
located east of City Hall parking structure and approval of the name of the space as "Center
Greens", as recommended by the Parks and Recreation Commission. The 3-acre space is a
designated housing development area and last year the City Council transferred the open space
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to the Community Services Department for a park site. In 2018 and 2019, staff met with area
residents to solicit feedback regarding potential upgrades to the existing green space. As a
result of the meetings with senior citizen and youth input, a Master Plan was developed which
includes a fenced skate park, tot-lot, youth play area, upgraded basketball court, splash pad,
shaded plaza, fencing, walking paths, and landscaping. If approved, the agreement will begin
the formal design, assembly of the construction documents and permits, bidding and
construction of the park. The approval of the item also included the naming of the space, which
has been the process since the 1980's. Staff follows a written department policy for the naming
of parks that uses specific criteria, which is first approved by the Parks and Recreation
Commission and recommended to the City Council for final approval.
Mr. Pasco reported the Park and Recreation Commission recommended name 'Center Greens',
which by name has a link to the adjacent street Center Street and the park location being the
center of downtown. The name also has a close similarity to the adjacent City center area.
"Greens" is a term commonly used by cities to designate a downtown type park where events
take place and is a central meeting location and also references the green space that has
existed for many years and commonly used by the community as an informal park. Mr. Pasco
shared that he is very happy of the process that included community input and tried to
incorporate as many amenities as possible given the restriction in space and funding.
DISCUSSION: In response to Council Member Moreno's inquiry, Mr. Pasco advised the timeline
for obtaining permits and beginning construction is July 2020 for Phase I with total budget of$2.5
million for the project with $1 million currently allocated.
Council Member Moreno clarified that the $1 million currently allocated is not from the general
fund but bond recovery money that can only be used for this section of the City. He inquired if
the City augmented funding for the project would it accelerate the construction. In response, Mr.
Pasco stated if funding was available they could move forward with both phases.
Council Member Moreno inquired about the process utilized in naming the park and if the
community was notified and involved. In response, Mr. Pasco advised that Community Services
Department utilizes a department policy in the naming of parks and the community was notified
at the last community meeting that the Park and Recreation Commission would be
recommending a name to the City Council. Council Member Moreno expressed concern that
residents were unaware of when the Parks and Recreation Commission would be considering a
name and were not given ample notification to provide feedback.
MOTION: Council Member Moreno moved to approve the item with the exception of the naming
of the park to be continued to September 10, 2019, seconded by Council Member Barnes.
Motion withdrawn.
DISCUSSION: Council Member Faessel expressed his support of the item and encouraged the
Public Utilities Department to underground the two overhead spans that remain on the property.
In response to Council Member Barnes' inquiry, Mr. Pasco advised the park was funded through
a bond in 2010 for improvements in the Downtown area and the remainder of that funding
needed to be used in this area for public benefit project, in which this park classifies as that type
of improvement.
City Council Minutes of August 27, 2019
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In response Council Member Barnes' inquiry, Director of Community and Economic
Development John Woodhead advised the 2010 bond funding has been fully allocated and is
restricted to public improvements in the Downtown area.
Mayor Pro Tern Kring supported the process for park naming and will not support the motion to
postpone the naming of the park.
Council Member O'Neil expressed his support for the park naming process.
SUBSIDIARY MOTION: Council Member O'Neil moved to amend the motion on the floor and to
approve the item as presented, seconded by Mayor Pro Tern Kring. Motion withdrawn.
DISCUSSION: Council Member Brandman thanked Council Member Moreno for pushing this
park through to support additional green space in Downtown. He encouraged Council to
approve the continuance of the naming to give Council Member Moreno the opportunity to meet
with residents.
Council Member Faessel supported postponing the item if it can happen in a timely fashion.
Council Member Moreno stated that he sent an email to staff asking that this item be postponed
in order to review the process of how the park was named. He stated he received an information
item on the matter and the item appeared on the agenda. He further stated that we would
withdraw his motion in order to move forward with the project.
Council Member O'Neil withdrew his subsidiary motion.
MOTION: Council Member O'Neil moved to approve the item as presented, seconded by Mayor
Pro Tern Kring.
DISCUSSION: Mayor Pro Tem Kring provided a brief history, stating the property was slated for
a housing project. Upon review by Council at the time, it was realized that there was limited
parking and the project was withdrawn by the developers. She further expressed her support for
the park naming process.
Council Member Barnes suggested that City Council listen to residents and allow them to have
input on the naming of the park. •
Council Member Moreno clarified that Brookfield withdrew the development plans because the
community was not going to support the plan.
Council Member Brandman expressed his support for the item and supported a continuance.
MOTION: Council Member O'Neil moved to approve the naming of the City's Downtown Green
Space property, currently serving as a park site and slated for upgrades, as Center Greens;
award a Professional Design Services Agreement, in substantial form, to Schmidt Design Group,
Inc., in an amount not to exceed $202,816, for design of the Center Greens, Phase 1, project;
authorize the Director of Community Services, or designee, to execute the agreement and any
other related documents and take the necessary actions to implement and administer the
agreement, authorize minimal changes to the agreement that do not substantially change the
terms and conditions of the agreement, so long as such changes are determined to be minimal
City Council Minutes of August 27, 2019
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by the City Attorney's Office; and authorize the Director of Community Services, or designee, to
increase the contract amount by up to 10%, if such increase is necessary, seconded by Mayor
Pro Tern Kring. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Kring,
Barnes, Brandman, Moreno, Faessel and O'Neil). NOES — 0. Motion carried.
AGR- 13. Approve an agreement with the Disneyland Resort for the provision of reimbursed
paramedic services for a five year term and authorize the Fire Chief to take the necessary
1755.6 actions to implement the agreement.
DISCUSSION: Council Member Barnes expressed concern with using city resources for private
entities. In response, Fire Chief Pat Russell advised that Anaheim Fire does contract short and
long-term with several businesses to provide paramedic and Emergency Medical Services (EMS)
to events, including Disneyland. He further advised that having dedicated EMS staff assigned to
Disneyland, with reimbursement from Disneyland for the services, lessens the burden for the
EMS system. Council Member Barnes stated she will move the item but would like to review
further with the City Manager with respect to resources.
Council Member Moreno requested an assessment regarding the health and well-being of Police
and Fire staff who work overtime at the Resort.
MOTION: Council Member Barnes moved to approve an agreement with the Disneyland Resort
for the provision of reimbursed paramedic services for a five year term and authorize the Fire
Chief to take the necessary actions to implement the agreement, seconded by Mayor Pro Tern
Kring. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Kring, Barnes,
Brandman, Moreno, Faessel and O'Neil). NOES — 0. Motion carried.
AGR- 14. Approve an agreement with General Safety and Services Group dba Orange County
11676 Public Safety, in an amount not to exceed $175,000 annually, to provide security services
at red-tagged commercial properties and/or other businesses or locations operating
illegally for a one year term with three one-year optional renewals; and authorize the
Chief of Police, or designee, to administer the agreement and execute any amendments
or optional renewals under the terms and conditions of the agreement.
DISCUSSON: Council Member Faessel supported the item as it provides an additional resource
for the City to address nuisance properties.
MOTION: Council Member Faessel moved to approve an agreement with General Safety and
Services Group dba Orange County Public Safety, in an amount not to exceed $175,000
annually, to provide security services at red-tagged commercial properties and/or other
businesses or locations operating illegally for a one year term with three one-year optional
renewals; and authorize the Chief of Police, or designee, to administer the agreement and
execute any amendments or optional renewals under the terms and conditions of the agreement,
seconded by Council Member Moreno. ROLL CALL VOTE: AYES —7 (Mayor Sidhu and Council
Members Kring, Barnes, Brandman, Moreno, Faessel and O'Neil). NOES — 0. Motion carried.
City Council Minutes of August 27, 2019
Page 13 of 26
AGR- 18. Approve an Exclusive Negotiation Agreement, in substantial form, with Greenlaw
11682 Development, LLC, for a future development on the southeast corner of Anaheim
Boulevard and Ball Road for a 12 month period with up to three additional 30 day periods
and authorize the Director of Community and Economic Development, or designee, to
execute and administer the agreement.
DISCUSSION: In response to Council Member Barnes' inquiry, Director of Community and
Economic Development John Woodhead stated that typically the City would go out with an RFP
with developing properties with an exception such as if there is an adjoining property owner who
would like to combine their property with the City property to develop a larger and better project.
He advised that Greenlaw Development entered into a contract to acquire 1.5 acres south of
properties owned by the Housing Authority and the City and the developer is looking to join
forces with the City to expand the ATN site and develop a larger project. Council Member
Barnes expressed concern the project did not go through the Request for Proposal (RFP). Mr.
Woodhead advised that if the City has an opportunity to work with an adjoining land-owner, he
would certainly entertain a conversation and bring his thoughts to City Council for consideration
such as this item.
In response to Council Member Moreno's inquiry, Mr. Woodhead advised that appraisals will be
conducted on every property and be presented to City Council for their consideration and noted
that this agreement may add value to land the City currently owns.
MOTION: Mayor Pro Tem Kring moved to approve an Exclusive Negotiation Agreement, in
substantial form, with Greenlaw Development, LLC, for a future development on the southeast
corner of Anaheim Boulevard and Ball Road for a 12 month period with up to three additional 30
day periods and authorize the Director of Community and Economic Development, or designee,
to execute and administer the agreement, seconded by Council Member Faessel. ROLL CALL
VOTE: AYES —6 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Faessel and
O'Neil); NOES — 0. ABSTENTION — 1 (Council Member Moreno). Motion carried.
B105 29. District 4 appointment of unscheduled vacancy on the Senior Citizen Commission for a
term ending December 31, 2020.
Senior Citizen Commission
District 4 appointment: Sharon Linderman (December 31, 2020).
(unscheduled vacancy, Patricia Pina)
Mayor Pro Tern Kring nominated Sharon Linderman. ROLL CALL VOTE: AYES — 7 (Mayor
Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel and O'Neil). NOES —
0. Motion carried.
City Council Minutes of August 27, 2019
Page 14 of 26
D116 30. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM urging the California State Legislature to pass Assembly Bill 1482 by
Assembly Member David Chiu, an act to add and repeal Sections 1946.2, 1947.12, and
1947.13 of the Civil Code, relating to tenancy.
Deputy City Manager Greg Garcia reported the item was a resolution expressing support for
Assembly Bill 1482 by Assembly Member David Chiu relating to tenancy, rent caps, and just-
cause eviction provisions. He reported that at the August 13, 2019 City Council meeting,
Council Member Jordan Brandman asked staff to bring back for Council consideration a
Resolution expressing support. Under current state law, in the absence of a long-term lease with
a fixed rental rate or a local rent control ordinance, a landlord may raise the rent at any time and
by any amount that the landlord chooses. The only limitation is how much notice must be given
prior to an increase. AB 1482, as proposed, would among other things, temporarily impose caps
on rent increases in residential property statewide as well as require "just cause" by residential
landlords prior to terminating a lease in certain circumstances. All provisions of the bill would
sunset in 2023. With regard to the proposed rent caps, the bill would prohibit a landlord from
increasing the rental rate in an amount that is more than 7% plus the percentage change in the
cost of living, up to an absolute maximum of 10% each year. Further, the bill seeks to prohibit an
owner from increasing the rental rate for that property more than once annually. The bill would
exempt the following from the proposed cap: Deed-restricted affordable housing, specified
dormitories, housing that has been issued a certificate of occupancy within the previous 10
years, housing subject to a local ordinance that imposes a more restrictive rent increase cap and
specified single-family housing. The "just cause" provisions of the bill would prohibit a landlord
from terminating the lease of a tenant who has occupied the property for at least 12 months
without "just cause." The bill divides "just cause" into two categories for the purposes of the new
provisions: At-fault just cause, which includes default of the rent payment and assigning or
subletting the premises in violation of the tenant's lease; and No-fault just cause, which includes
the intent to occupy the property by the owner or specified relatives of the owner and withdrawal
of the property from the rental market.
Mr. Garcia stated the proposed resolution highlights the severe rental housing affordability crisis
that exists statewide and locally in Southern California and expresses the City's support for the
provisions within AB 1482 and urges the State Senate to approve the bill.
DISCUSSION: In response to Council Member Brandman's inquiry, Mr. Garcia advised that the
City's lobbyist reported that discussions continue, further amendments have been filed with the
bill currently in suspense but will be considered soon. Mr. Garcia advised that Anaheim has
expressed its interest in the recent amendments and interest in which parties have supported the
bill.
Council Member Brandman expressed concern regarding Anaheim's massive housing crisis and
felt the City taking a position of support will help move the bill forward.
Council Member Faessel felt Anaheim has done more than other cities to bring affordable
housing to the market and addressed the concerns and amendments offered by the California
Apartment Association. He requested friendly amendments to the resolution, which included the
following:
City Council Minutes of August 27, 2019
Page 15 of 26
"NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim urges the
California State Senate to pass Assembly Bill 1482 if the following amendments are made to the
bill:
• The Anaheim City Council urges the California State Senate to amend Assembly Bill
1482 to include a requirement that a tenant occupy the property for 24 months before the
"just cause" and relocation provisions apply.
• The Anaheim City Council urges the California State Senate to amend Assembly Bill
1482 so that housing that has been issued a certificate of occupancy within the previous
20 years is exempt from the provisions of the bill.
• The Anaheim City Council urges the California State Senate to amend Assembly Bill
1482 so that the provisions within the bill will remain in effect until January 1, 2027.
• The Anaheim City Council urges the California State Senate to amend Assembly Bill
1482 to make clear that the provisions within the bill occupy the field for the housing
specified within the bill.
• The Anaheim City Council urges the California State Senate to amend Assembly Bill
1482 to clarify the bill's vacancy decontrol provisions and provide clarifying language
relating to just cause, rent, and lease provisions."
In response to Council Member Brandman's inquiry, Council Member Faessel clarified that he
intends this to be a "support if amended". Council Member Brandman advised he will support
the friendly amendments if all members of the dais supported the item.
Council Member O'Neil stated that he would not support the item, as he does not support rent
control.
Mayor Pro Tern Kring stated she would not be supporting the item.
Mayor Sidhu advised that he would support the amendments if passed by the dais.
In response to Council Member Moreno's inquiry, Council Member Faessel advised he did not
work with Senators representing Anaheim. Council Member Moreno felt this was a highly
compromised bill and expressed concern that they have not been vetted through the Senators
representing Anaheim. Council Member Faessel advised the amendments were consistent with
the California Apartment Association (CAA) and if it has support from the CAA, it may assist in
the passage of the bill. Council Member Moreno stated he would support the resolution as
presented without the amendments.
Council Member Brandman encouraged the dais to vote in at least a 5-2 vote in support would
send a strong message to Sacramento.
Council Member Faessel and Council Member Moreno discussed the amendments as
presented. City Attorney Robert Fabela advised that he could not provide a position on each
amendment at this time. Council Member Faessel advised he was presenting this package on
advisement from the California Apartment Association (CAA).
Council Member Brandman noted that he would like to see something pass from the dais during
the City Council meeting.
City Council Minutes of August 27, 2019
Page 16 of 26
MOTION: Council Member Brandman moved to approve A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM urging the California State Legislature to pass Assembly
Bill 1482 by Assembly Member David Chiu, an act to add and repeal Sections 1946.2, 1947.12,
and 1947.13 of the Civil Code, relating to tenancy with the proposed amendments as presented,
seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 3 (Mayor Sidhu and Council
Members Brandman, and Faessel). NOES —4 (Mayor Pro Tem Kring and Council Members
Barnes, Moreno, and O'Neil). Motion failed.
D116 31. Receive and file an update regarding the mediations and agreements that have occurred
between the residents and the owner of the Rancho La Paz mobile home park that seek
to mitigate the impact of rent increases.
Deputy City Manager David Belmer advised the item was requested by Council Member
Brandman regarding the status of negotiations between the residents and the owner of Rancho
La Paz, including actions that may have been taken by the City of Fullerton. The Rancho La Paz
mobile home park is located at 501 East Orangethorpe Avenue, which consists of 387 units and
straddles the cities of Anaheim and Fullerton.
Mr. Belmer stated that in February the park was purchased by John Saunders, who
subsequently issued rent increase notices in order to cover the costs associated with operating
and maintaining the park. As a result, residents within the park sought the assistance of both the
Anaheim and Fullerton City Councils to address the increases in rent. Residents shared that the
proposed increases would be financially untenable and create hardships. Mayor Sidhu and
Council Members O'Neil and Faessel facilitated a meeting with Mr. Saunders and several
residents from the park. In the meeting, Mr. Saunders agreed to rescind the rent increase notices
and open a dialogue with residents to explore a phased rent increase schedule, including a
rental subsidy program that would be funded and implemented by Mr. Saunders. He further
advised that Mr. Saunders requested the formation of a residents' committee to facilitate
discussions. He believed they were successful through a mediation proves that resulted in rental
increases reduced by 50%, residents were offered long term leases between 6 and 10 years and
there would be a fixed schedule of rent increases during the 6-year or 10-year lease. Mr.
Saunders also reiterated his commitment to the safety net rent subsidy program that was
established to prevent any current resident from being forced from the park due to their inability
to pay rent. He further advised that Mr. Saunders issued new rent increase notices that will
become effective October 1, 2019.
Mr. Belmer advised the Fullerton City Council considered a moratorium on rent increases for
mobile home parks in response to the proposed rent increases placed upon the Fullerton
residents that reside in Rancho La Paz. He reported that the Fullerton City Council chose not to
implement a moratorium and instead sought to work with the owner to seek concessions and
assurances that a "safety net" rent subsidy program would be extended to Fullerton residents
residing in the park.
Mr. Belmer advised that while not all residents are satisfied, Mr. Saunders believes he has put
his best foot forward in providing desirable and affordable housing for residents.
DISCUSSION: Council Member Brandman advised that during Council communications he will
ask staff to bring back a similar subsidy program that the City of Fullerton brought to their
residents.
City Council Minutes of August 27, 2019
Page 17 of 26
Council Member O'Neil advised the ad hoc housing committee he sits on was already exploring
the issue.
Council Member Moreno recapped the agreement and noted the total would equal an almost
100% rent increase over 6 years. He also noted that any residents who agree would give up
future rent increase protections which may be coming due to state law.
Council Member Barnes expressed concern that residents who are dependent on the good
graces of the property owner are far less willing to report health and safety violations.
MOTION: Council Member Brandman moved to receive and file an update regarding the
mediations and agreements that have occurred between the residents and the owner of the
Rancho La Paz mobile home park that seek to mitigate the impact of rent increases, seconded
by Council Member Faessel. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members
Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil). NOES — 0. Motion carried.
32. Report reviewing prior Council action reinstating Angel Stadium Lease and extending
D112 option to terminate lease.
AG R-
1433 DISCUSSION: City Attorney Robert Fabela presented the staff report which provided
background on the Angel Stadium Lease Agreement and explained what City Council voted to
do at the January 15 meeting.
Mr. Fabela reported that in 1996 there was a Lease Agreement between Angels Baseball with
the term of the Lease Agreement running to December 31, 2029. Paragraph 5 of that agreement
gives the Angels the right to terminate the lease agreement by October 16, 2019, with 12
months' notice. He advised that on September 3, 2013, City Council authorized an amendment
to the Lease Agreement which extended the Angels the right to terminate the lease agreement to
October 16, 2019, with 12 months' notice. He advised that by October 16, 2018, if the Angels
had not given the City 12 months' notice of their intent to exercise this termination option, they
would have been obligated to fulfill the terms of the lease until December 31, 2029.
Mr. Fabela reported that on October 15, 2018, the Angels did notify the City that they were
exercising their option under the Current Termination Right. On January 15, 2019, the City
Council approved the item which rescinded the Angels' election to exercise their termination
option and provided the Angels with a fourteen (14) month extension to their termination rights so
as to provide them the option to terminate the lease as of December 31, 2020, provided that they
give the City twelve months' written notice. Furthermore, he advised that if the Angels do not
exercise their option by the end of this year, then the Lease Agreement will continue as is, unless
the parties mutually agree to alternative terms, until 2029.
Mr. Fabela advised that as a result of the action taken by the Council, the Angels and the City
are in virtually the same legal position as they were before the Angels' exercise of their option in
2018.
DISCUSSION: In response to Council Member Barnes' inquiry, Mr. Fabela advised the details
were provided to City Council in a staff report before the January 15 City Council meeting and in
the verbal report on that date.
City Council Minutes of August 27, 2019
Page 18 of 26
In response to Council Member Barnes' inquiry, City Manager Chris Zapata advised that Mayor
Sidhu initiated the idea of reinstating the 1996 lease under his agenda-setting authority with the
City Manager's office. He also stated the agenda item was authored by a collective effort of the
Mayor's Office, City Manager's Office, Sports and Executive Tourism Office, and the City
Attorney's Office. Mr. Fabela advised he reviewed the original draft on approximately January 7.
In response to Council Member Barnes' inquiry, Mayor Sidhu advised that he knew that by
reinstating the 1996 lease the property would be encumbered until 2029.
Council Member O'Neil stated that the information presented the City Council on January 15,
2019, was very clear in stating the facts.
In response to Council Member Moreno's inquiry, Mayor Sidhu stated that he and Arte Moreno
jointly agreed to request the reinstatement of the original lease. In response to Council Member
Moreno's inquiry, Executive Director Convention, Sports & Entertainment Torn Morton advised
that economic implications of allowing an opt-out was not addressed in the staff report
presentation. In response to Council Member Moreno's inquiry, Mr. Morton advised that had
Angels Baseball were to utilize their opt-out in 2019 the termination fee would be $6.8 million and
if they were to have vacated the stadium on October 2019, it would have been $7.9 million in
termination fees. Additionally, Mr. Morton advised that had Angels Baseball opted-out in 2016,
the termination fee would have been $10.8 million.
In response to Council Member Moreno's inquiry, Mr. Morton advised that if Angels Baseball
does not opt-out of the lease by December 31, 2019, they must honor the terms of the lease.
Council Member Moreno expressed concern that the information that was presented at the
January 15 meeting was unclear and that statements made by Mayor Sidhu led to confusion.
Council Member Moreno presented the economic implications of the January 15 City Council
vote. He noted that the encumbered stadium is worth $225 million and an unencumbered
stadium is worth $325 million and due to the vote on January 15, the City has given away a
minimum of$100 million in the favor of Angels Baseball. He also expressed concern that by
extending the original lease, the City is losing millions by not having Anaheim in the team name.
Lastly, he expressed concern regarding Angels Baseball paying less than market value in rent.
In response to Mayor Pro Tern Kring's inquiry, Mr. Morton advised that Angels Baseball $80
million investment into the capital improvements in 1996 were in the form of prepaid rent. She
also believed that including Anaheim in the team name should be part of negotiations.
In response to Council Member Moreno's inquiry, Angels Baseball will keep the stadium as a
first-class venue equivalent to Dodger Stadium and Kansas City Stadium as of the date of the
contract.
Council Member Barnes recapped headlines from local newspapers as examples of confusion of
residents and blatant miscommunication. She is requesting that anything regarding the
negotiations that will be placed on the City's website is reviewed by the City Manager's Office so
there is no further confusion.
Council Member O'Neil noted that the press can skew the truth. In response to Council Member
O'Neil's inquiry, Mr. Fabela clarified there was a lease in place that was going to expire by
October 19, 2020, as they had opted-out.
City Council Minutes of August 27, 2019
Page 19 of 26
Mayor Sidhu stated the second amendment to the lease agreement is stated very clearly.
(Item 32 was a discussion item, no action taken by Council.)
D116 33. Discussion of potential negotiating considerations that could be a part of a future
agreement with Angels Baseball regarding the Angel Stadium of Anaheim property.
DISCUSSION: Mayor Sidhu stated that Anaheim has a chance to obtain a better deal for its
residents. He shared his guiding principles of negotiations which include keeping Angels in
Anaheim with a deal that benefits the City, seeing fair market prices for stadium prices for land
and/or leases, seeing fair market rent for the use of the stadium, protect the General Fund,
ongoing revenue for Anaheim and ensure community benefits, such as parks and open space,
grocery store that will serve residents in the Platinum Triangle and residents in District 5,
affordable housing and jobs for Anaheim and veterans.
Council Member Moreno stated that he supports Mayor Sidhu's guiding principles for negotiating
with Angels Baseball. He strongly believed the appraisal should be made public.
Council Member Moreno presented a collective vision for the stadium which would include
requiring that any deal (lease or sale) should be based on Market Rate Value of the land
(unencumbered), an increasing share of revenue for use in essential city services, require that
housing developments target 30-40% of housing for low to extremely low-income residents
or/and all jobs should pay a living wage based on local CPI housing index, local hiring
preferences for jobs generated, inclusion of Anaheim in the team's name and lastly, no public
subsidy or tax giveaway.
Council Member Moreno would like the next steps to include a framework to come back to City
Council and be voted on at the next council meeting. He would also like to allow the public a 10-
15 day window to review and add input to frameworks and any final deal should have at least 30-
day window for public review. Lastly, he would like to see a City Council workshop to review the
final deal.
Mayor Pro Tern Kring stated that she cannot support the release of the draft appraisal but looks
to the City Manager and City Attorney to notify City Council when it is appropriate to release the
draft. She also wants negotiations to benefit Angels Baseball and the City of Anaheim.
In response to Council Member Barnes' inquiry, City Manager Chris Zapata advised there is
housing zoning in the Platinum Triangle that covers affordable housing. Mr. Zapata advised he
will disclose any negotiation information in City Manager updates.
Council Member Brandman stated that the process for negotiation with the Anaheim Ducks
worked well so he's unclear why that process won't work for the negotiations with Angels
Baseball. He also stated that any deal will need to include a community benefits agreement for
Anaheim residents.
Council Member O'Neil expressed concern regarding the team name and he believed using
Anaheim in the team name will require a taxpayer giveaway. He would like to see the
City Council Minutes of August 27, 2019
Page 20 of 26
negotiating team complete their work and allow it to come back to City Council and the public for
review:
Council Member Moreno stated that City Council voted that the appraisal would be made public
when provided to the City Council and requested clarification. He also believed the Angels
should have Anaheim in the team name and it should be negotiated. Mayor Pro Tern Kring and
Mayor Sidhu advised they would not support Council Member Moreno's framework. Mayor Sidhu
requested that the negotiating team be allowed to do its job.
Mayor Pro Tern Kring felt the appraisal would be given to the public when it was appropriate. She
also felt Council Member Moreno's framework was too rigid. She advised that Angels Baseball
received one of the best television deals and that is why Los Angeles is in the name. Mr. Fabela
clarified that there were many closed-door sessions regarding the Anaheim Ducks negotiations,
but it only included price, terms, and payment of the real estate transactions.
Mayor Sidhu clarified for Council Member Barnes that he has not presented any information to
Anaheim First other than his guiding principles for negotiation with Angels Baseball.
Council Member Faessel felt there were opportunities in the Angels Baseball negotiations that
will benefit the Platinum Triangle which sits in District 5. He would like to see more parks in the
area as well as shopping opportunities for residents.
In response to Council Member Moreno's inquiry, Mr. Morton advised the City has never
received a proposal from Angels Baseball. Council Member Moreno was concerned there was
not enough time to negotiate this item and it will be rushed and urged Mayor Sidhu to keep a
level head during negotiations.
No action taken.
B105 34. Nominate and appoint a Council representative and an alternate to serve on the Orange
County Housing Finance Trust Board, for a two year term.
APPOINTMENT: Council Member Faessel
ALTERNATE: Council Member O'Neil
Mayor Sidhu nominated Council Member Faessel for the appointment. ROLL CALL VOTE:
AYES — 5 (Mayor Sidhu and Council Members Kring, Brandman, Faessel and O'Neil); NOES —
0; ABSENTION —2 (Council Member Barnes and Moreno).
Council Member Moreno nominated Council Member Barnes for the appointment. ROLL CALL
VOTE: AYES —2 (Council Member Barnes and Moreno); NOES — 1 (Mayor Sidhu); ABSENTION
—4 (Mayor Pro Tem Kring and Council Members Brandman, Faessel and O'Neil).
Mayor Sidhu nominated Council Member O'Neil as the alternate. ROLL CALL VOTE: AYES —4
(Mayor Sidhu and Council Members Kring, Faessel and O'Neil); NOES —0; ABSENTION — 3
(Council Member Barnes, Brandman, and Moreno).
City Council Minutes of August 27, 2019
Page 21 of 26
Council Member Moreno nominated Council Member Barnes as the alternate. ROLL CALL
VOTE: AYES —3 (Council Member Barnes, Brandman and Moreno); NOES — 1 (Mayor Sidhu);
ABSENTION — 3 (Mayor Pro Tem Kring and Council Members Faessel and O'Neil).
PUBLIC HEARING:
M142 35. This is a public hearing to consider an Urgency Ordinance extending Ordinance No. 6445
imposing a moratorium on the establishment of needle exchange programs within the
City of Anaheim for one year.
ORDINANCE NO. 6468 (ADOPTION) AN URGENCY ORDINANCE OF THE CITY OF
ANAHEIM extending 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 one year. (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.
Deputy City Manager David Belmer reported that in July 2018, the California Department of
Public Health authorized the Orange County Needle Exchange Program (OCNEP) to provide
mobile needle exchange services at four locations in Orange County beginning on August 6,
2018, with one of the proposed locations within the City of Anaheim.
Mr. Belmer reported that before its authorization, the City of Anaheim sent letters to California
Department of Public Health expressing concern with things such as the presence and
proliferation of used and discarded hypodermic needles and other public health and safety
issued. The City joined a lawsuit challenging the mobile needle exchange program in light of
these public safety concerns.
Mr. Belmer further reported the City adopted a moratorium, a 45-day urgency ordinance,
prohibiting the establishment of needle exchange programs (NEPs), was extended once and
expires on August 29, 2019. He advised that ten days before the expiration of the moratorium,
the City Council is required to issue a written report describing the measures taken to alleviate
the condition which led to the adoption of the moratorium which was presented to City Council on
August 13, 2019.
Mr. Belmer advised the item before City Council is to request the extension of the moratorium for
an additional twelve (12) months to allow staff additional time is to complete the analysis and
present options and policy recommendations.
Mayor Sidhu opened the public hearing.
City Council Minutes of August 27, 2019
Page 22 of 26
William:Fitzgerald, Home Owners Maintaining Our Environment, expressed concerns regarding
Item No. 3.5 and addressed the homeless population in Anaheim. He felt the ban on the
distribution of clean needles resulted in the increase of deaths in the homeless population.
Bryan Kaye spoke in opposition of the item.
Mayor Sidhu closed the public hearing. •
DISCUSSION: Mayor Sidhu thanked the staff for their report and supported extending the
moratorium.
In response to Council Member Brandman's inquiry, Mr. Belmer advised that OCNEP is not
operating in Orange County due to ongoing litigation. City Attorney Robert Fabela clarified that
Anaheim filed a joint lawsuit with Costa Mesa, Orange, Santa Ana, Newport Beach and the
County of Orange. He noted the judge's position in granting the injunction based on the
inadequacy of OCNEP to implement a program safely despite the findings of the state.
In response to Council Member Brandman's inquiry, Mr. Fabela advised there was a need for a
moratorium to allow Anaheim to deal with an injunction or reversal of an injunction. Council
Member Brandman believed there were needles in the parks because a needle exchange
program does not exist in Anaheim.
In response to Council Member Barnes' inquiry, Community Preservation and Licensing
Manager Sandra Sagert reported that Anaheim does work with local pharmacies to ensure they
are being responsible with needle exchange. Mr. Belmer advised this ordinance does not
preclude state-licensed pharmacies from providing needle exchange as allowed by the state. He
also stated that staff is doing extensive research on the matter to bring it back to City Council for
review.
Council Member O'Neil stated he does not believe a needle exchange program will alleviate the
number of needles found in parks and cited San Francisco as an example. He would like to see
a ban on needle exchange for Anaheim.
Council Member Moreno encouraged Council Member O'Neil to review the Center for Disease
Control's (CDC) research on needle exchange. Council Member Moreno supported the item as
he felt the State has failed in this area. In response to Council Member Moreno's inquiry, Mr.
Belmer advised they intend to report back to City Council well before the 12-month moratorium
ends to allow City Council to make the best policy approach.
Council Member Faessel stated he supported the moratorium.
MOTION: Mayor Pro Tern Kring moved to motioned to adopt ORDINANCE NO. 6468
(ADOPTION) AN URGENCY ORDINANCE OF THE CITY OF ANAHEIM extending 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 one year; 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
City Council Minutes of August 27, 2019
Page 23 of 26
"project", as defined in Section 15378 of the State CEQA Guidelines, seconded by Council
Member Faessel. ROLL CALL VOTE: AYES —6 (Mayor Sidhu and Council Members Kring,
Barnes, Moreno, Faessel and O'Neil); NOES — 1 (Council Member Brandman). Motion carried.
F130.2 36. This is a public hearing to consider an ordinance granting a non-exclusive franchise to
Chapman University to provide transportation bus shuttle services for a seven year term
with indefinite additional two year extensions subject to City Manager's approval based
on compliance with franchise requirements.
ORDINANCE NO. 6469 (INTRODUCTION) AN (UN-CODIFIED) ORDINANCE OF THE
CITY OF ANAHEIM granting a non-exclusive franchise to Chapman University for
transportation services within and around the City of Anaheim and stating the terms and
conditions upon which said franchise is granted based upon the finding and determination
that said ordinance is not subject to the California Environmental Quality Act (CEQA)
pursuant to Section 21080(b)(10) of the California Public Resources Code.
Public Works Director Rudy Emami advised the item is to grant a non-exclusive franchise to
Chapman University to provide transportation bus shuttle services connecting the Chapman
University Main Campus ("Main Campus") in the City of Orange with the Chapman Grand,
located at 915 E. Katella Avenue in the City of Anaheim's Platinum Triangle. The Chapman
Grand is a 399-unit apartment building at the corner of Katella Avenue and Betmor Lane being
operated as a Chapman University off-campus residence hall.
Mr. Emami reported that the Chapman University started the service as a pilot effort in August
2018, with pick-up and dropoff on the Chapman Grand property that needs approval to operate a
long-term, multi-year service and is working with the City to provide a convenient on-street
shuttle stop by converting two existing on-street parking spaces on the west side of Betmor Lane
to a shuttle stop. These two spaces were installed in connection with the Chapman Grand
project, but are not needed to meet the building's code required parking. Staff anticipates the
shuttle stop will be constructed in the next three months. The Chapman University Shuttle runs
between the Main Campus, Panther Village and Chapman Grand between the months of August
and May, during the academic calendar year while school is in session. Service is free for
Chapman students, faculty and their guests and available 16 hours a day, Monday through
Friday, with 20-30 minute intervals; and 12 hours a day on weekends, with 45-minute intervals.
The service also provides students living in Chapman Grand the same benefit of convenient
transportation to and from the Main Campus as students currently residing in Panther Village.
The franchise will also provide for the City Manager to approve additional stops in Anaheim (this
is the same process used to approve bus stop changes for the ATN. Potential stops could
include CtrCity Anaheim destinations, which would enhance access to these areas, reduce
vehicle trips and further activate local restaurant, retail and recreational opportunities.
Mr. Emami advised that the franchise have a seven-year term, with indefinite additional two-year
extensions subject to the City Manager's approval. At the July 16 Council meeting, City Council
adopted a resolution approving the application submitted by Chapman University, determined the
application is in compliance with the City Charter and all applicable laws, and set this public
hearing to consider the franchise fee at the minimal amount of$1 per year. The proposed fee is
the same amount by the City's franchise with ATN. He further advised that staff recommends
approval as it increase connections between the Main Campus and Chapman Grand and
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potentially other locations in Anaheim. It also provides students with a free, safe and efficient
alternative to using a personal vehicle to travel from Chapman Grand to the Main Campus.
Mayor Sidhu opened the public hearing.
Ken Ryan, KTGY, representing Chapman University, addressed City Council and thanked the
staff for their hard work on the item. He stated they were available to answer any questions from
Council and were pleased to participate in this project that reduces trips, increases safety and
provides access at no cost to the City.
William Fitzgerald, Home Owners Maintaining Our Environment, expressed his concern for Item
No. 36 and believed this was a cover for giving permits to special interest groups.
Bryan Kaye expressed his support for the item, commended Council for their work, and inquired
if Council Member Brandman would be participating on this item. Mayor Sidhu encouraged Mr.
Kaye to stay on topic.
At 11:33 P.M., Council Member Brandman recused himself and left the meeting.
In response to Council Member Moreno's inquiry, Mr. Ryan advised that there was more parking
than required and approximately 60% of residents use the shuttle service. Mr. Ryan advised that
he will work with staff to provide updates and address any issues that arise in the future.
Mr. Emami advised that this project is an improvement environmentally compared to when the
apartment building was originally designed.
Mayor Sidhu closed the public hearing.
MOTION: Mayor Pro Tem Kring moved to introduce ORDINANCE NO. 6469 (INTRODUCTION)
AN (UN-CODIFIED) ORDINANCE OF THE CITY OF ANAHEIM granting a non-exclusive
franchise to Chapman University for transportation services within and around the City of
Anaheim and stating the terms and conditions upon which said franchise is granted based upon
the finding and determination that said ordinance is not subject to the California Environmental
Quality Act (CEQA) pursuant to Section 21080(b)(10) of the California Public Resources Code,
seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 6 (Mayor Sidhu and Council
Members Kring, Barnes, Moreno, Faessel and O'Neil); NOES — 0; ABSENT— 1 (Council
Member Brandman). Motion carried.
REPORT ON CLOSED SESSION: None
PUBLIC COMMENTS (non-agenda items): None
COUNCIL COMMUNICATION:
Council Member Moreno thanked attendees at the Senior Center meeting on August 20, thanked
attendees and staff for the August 21 forum on Angels negotiations at the Central Library, and
announced a second forum on August 29. He thanked Joe Otero for organizing a Willow Park
City Council Minutes of August 27, 2019
Page 25 of 26
neighborhood meeting, looked forward to a future presentation on neighborhood improvement
projects from Public Works, acknowledged the Community Policing Team for their efforts, and
announced the Monday agenda reviews at Anaheim Brewery. He offered his thoughts on the
discussions held during the meeting. He requested a presentation of the Angels negotiating
framework on September 24th, a workshop of the final negotiated deal, and a public presentation
of the stadium appraisal on September 24th (concurred by Council Member Barnes; requests
failed for lack of the second concurrence).
Council Member Faessel requested the meeting adjourn in memory of former Public Utilities
Board member Charles "Chuck" Peltzer. He requested a proclamation in honor of the 10th
anniversary of the Boy Scouts' Irvine Ranch Outdoor Education Center, concurred by Council
Member O'Neil and Mayor Pro Tern Kring, and proclamation recognizing the 35th anniversary of
the Orange County Black Chamber of Commerce, concurred by Council Member Moreno and
Mayor Pro Tem Kring. He welcomed Planning Director Ted White back to Anaheim. He
concluded by reporting his attendance at a Sunkist Gardens neighborhood watch meeting, a visit
of the Public Works Fleet facility, a coyote management meeting, the Black Chamber of
Commerce gala, a one-year anniversary of a pop-up Salvadorian food business "What's That
You're Cooking" at Back Street Brewery, and an open house of Anaheim Hive, housing non-
profit organizations.
Mayor Pro Tem Kring reported her attendance at the 35th anniversary Black Chamber of
Commerce event and a retirement party for Police Sergeant Mike Lozeau. She stated Disney
reimburses the City for all paramedic services, thanked Jimmie Kennedy for hosting a District 4
Anaheim First meeting, and reported her attendance at the Anaheim Hive open house. On behalf
of the Orange County Mosquito and Vector Control, she shared information on West Nile virus,
encouraged residents to "tip and toss" standing water, and shared products to help repel insects.
She offered sympathies to Bryan Kaye on the loss of his brother-in-law, congratulated Louisiana
on winning the Little League World Series, and requested the City Attorney investigate a possible
ordinance regarding the sale of cannabis in the City.
Council Member O'Neil reported a fire at a District 6 church on Sunday and thanked the Fire and
Rescue Department for their efforts. On behalf of the Southern California Association of
Governments (SCAG), he reported SCAG had submitted housing numbers to the state of
approximately 436,000 and the State then released its Regional Housing Needs Assessment
(RHNA) numbers for the Southern California region of approximately 1.34 million required new
homes. With three possible allocation methodologies, he estimated Anaheim would be required
to zone at least 19,000 additional housing units.
Council Member Barnes recognized Pat Pina for her service on the Senior Citizens Commission
and volunteer efforts. She announced her attendance at the Dale Junior High School Unlimited
You tour and the Anaheim Union High School District colloquium at the Convention Center. She
encouraged all to visit the "I Am an American" exhibit at the Muzeo and announced the upcoming
Emprendedoras Program and the Meet on Beach event on November 17. She recognized
Angelica Sauceda Garcia for her excellent work in the library and participation in the LA Times
Festival of Books. She acknowledged the efforts of the Friends of Anaheim Police K-9 and
announced the success of permit parking efforts in District 1.
Mayor Sidhu thanked community members and staff for staying at the meeting so late and
acknowledged the important issues discussed. He welcomed Planning Director Ted White to
Anaheim.
City Council Minutes of August 27, 2019
Page 26 of 26
ADJOURNMENT:
With no further business, Mayor Sidhu adjourned the August 27, 2019 Council meeting at
12:10 A.M. on August 28, 2019, in memory Charles "Chuck" Peltzer.
;.•' .bmitted,
Theresa ass, CMC
City Clerk