2012/04/17 ANAHEIM CITY COUNCIL REGULAR AND
REGULAR ADJOURNED MEETING OF APRIL 17, 2012
The April 17, 2012 regular meeting of the Anaheim City Council was called to order at 3:00 P.M.
and adjourned to 4:00 P.M. for lack of a quorum. Mayor Tait called the regular adjourned
meeting of April 17, 2012 to order at 4:05 P.M. in the Chambers of Anaheim City Hall located at
200 South Anaheim Boulevard.
PRESENT: Mayor Tom Tait and Council Members Gail Eastman, Lorri Galloway, Kris Murray
and Harry Sidhu
STAFF PRESENT: Acting City Manager Bob Wingenroth, City Attorney Cristina Talley, and
City Clerk Linda Andal
ADDITIONS /DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
1. PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957)
Title: City Manager
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Brian Collett v. The City of Anaheim, et al., OCSC Case No. 30 -2010-
00416255
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: City of Anaheim v. Eric Vernon Kaul, et al., OCSC Case No. 30 -2012
00549810
At 5:13 P.M. Council returned from closed session.
Invocation: Pastor Mark Bove, Calvary Chapel Anaheim
Flag Salute: Council Member Harry Sidhu
Presentations: Recognizing the Men and Women's USA Volleyball Team as "The Journey
to London Begins in Anaheim"
Mayor Tait invited the U.S. Men's and Women's National Volleyball coaches and players to be
recognized as they begin their journey to the 2012 Olympic Games in London and presented a
brief video. Assistant Women's Coach, Karch Kiraly remarked the U.S. Women's team, led by
Coach Hugh McCutcheon, was ranked #1 in the world and had qualified for the Olympic
Games. Coach Alan Knipe expressed his appreciation to Anaheim as the official host city for
the national volleyball teams and thanked the community for their support as they continue on
the path to London with a qualification tournament scheduled in May at the Long Beach
Pyramid. He presented Council with t -shirts reading "The Journey to London Begin in Anaheim."
Council Meeting Minutes of April 17, 2012
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Recognizing Kristine Ridge, Human Resource Director, as the recipient of the
Emery E. Olson Achievement Award from the Southern California Public
Management Association
Acting City Manager Bob Wingenroth recognized Human Resources Director Kristine Ridge for
receiving the Emery E. Olson Achievement Award presented each year to an individual making
a sustained contribution to the field of public personnel management in Southern California. He
explained Ms. Ridge was recognized for developing several creative responses to recent
challenges in personnel management; i.e., an on -line Employee Self Service tool for
implementing a wide range of customized professional development programs and for achieving
effective cost containments in the City's health insurance benefits.
Acceptance of Other Recognitions (To be presented at a later date):
Proclaiming April 2012, as DMV /Donate Life California Month
Carol Hooper, Donate Life Ambassador, announced the Southern California DMV /Donate Life
Month was underway. She noted this organ and tissue donor registry was dedicated to saving
the lives of thousands of Californians awaiting transplants and the Run/Walk scheduled for
Saturday, April 28 Cal State Fullerton, would raise funds as well as highlight the need to
increase the list of potential organ and tissue donors nationwide.
Proclaiming April 15 -21, 2012, as National Volunteer Week
Mary Jo Flynn, Emergency Management Assistant Director, thanked Council for recognizing
and honoring the City's volunteers who donated their time, talent and expertise.
Recognizing Nor -Cal Beverage Company on their 75th Anniversary
Cynthia Lynggard thanked Council for recognizing Nor -Cal Beverage Company on its 75
anniversary as a California employer. With 180 full -time employees, Ms. Lynggard announced
Nor -Cal was continuing to expand its business and was appreciative of Anaheim's support and
help with the expansion of their shipping distribution facility located in the city.
Recognizing the recipients of the California Council for Excellence CAPE
Awards
Recognizing the recipients of the Anaheim Chamber of Commerce
Women's Division Annie Accolade Awards
At 5:45 P.M., Mayor Tait called to order the Anaheim Housing Authority (in joint session with the
City Council).
ADDITIONS /DELETIONS TO THE AGENDAS: None
PUBLIC COMMENTS (all agenda items):
James Robert Reade, resident, voiced his concerns regarding neighborhood gang activities and
graffiti vandalism.
Cecil Jordan Corcoran, Outreach Ministries, discussed the need to insure the safety of children
in schools and families in their neighborhoods.
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Pearl Jemison Smith, AIDS WALK OC, announced the 26 annual walk to be held at the
Disneyland Resort on May 6 Anticipating 5,000 walkers, AIDS WALK hoped to raise
$750,000 to fund nine agencies in Orange County which provided a broad range of services for
HIV /Aids.
Larry Larson, Take Back Anaheim Committee, objected to consideration of Item 20, declaring it
was a form of political retaliation.
Brian Chuchua, resident, objected to Item 20, maintaining no regulations had been broken to
warrant the removal of the Mayor Pro Tem title.
John Leos, resident, also opposed Item 20 because of its divisive nature. He requested the
facts regarding the GardenWalk hotel subsidy agreement be explained in detail to the
community.
William Fitzgerald, resident, opposed monetary support for national volleyball teams when city
services and workers had been reduced for budgetary reasons
Martha Espiritu, announced Project PATH (Positive Action Toward Health) was committed to
creating a safe and healthy Orange County by eliminating problems associated with alcohol,
tobacco and other drug use through education, training and technical assistance.
Jeffrey Frolich, SCEIU /USW, requested the city's support for janitors, many of whom lived or
worked in Anaheim, facing contract problems and potential loss of health care services.
An unidentified female spoke in support of Mayor Pro Tem Galloway referencing bullying.
An unidentified individual regretted seeing the impact on council relations due to the recent
approval of two luxury hotel development agreements.
Priscilla, resident, spoke in opposition to Item 20 as well as objecting to earlier comments
regarding the Hispanic community.
Gloria Murai, resident, spoke against personal attacks over political issues by both proponents
and opponents.
Sandra Day, resident, believed the sharp divide between Council Members was the result of
irresponsible leadership occurring on January 31 and urged Council to move forward with
more important work.
Victoria de Gomez, spoke in favor of the initiative allowing for a vote on any future development
subsidies.
Jose Vargas, Orange County Young Democrats, spoke against Item 20, urging Council to move
forward with more pressing issues.
Patty See, commented that consideration of Item 20 was not in the best interests of the city.
Jill Kanzler, SOAR, reiterated her organization's support for the GardenWalk hotels as an
investment in Anaheim's future and objected to the proposed initiative citing the stifling of future
growth in the city, loss of jobs, and driving tax revenues to nearby cities.
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Lillian Forey, resident, strongly objected to Item 20, urging Council to reconsider this punitive
action.
Eric Altman remarked that from OCCORD's neighborhood surveys, residents expressed
concern for safety, parks and libraries, graffiti removal, community gardens, and good quality
jobs. He appealed to Council to forego politics and to move forward with important issues.
Ross Romero, Los Amigos of Orange County, spoke in support of Mayor Pro Tem Galloway.
Monica, resident, spoke in support of Mayor Pro Tem Galloway, remarking Ms. Galloway had
given help and support to the community and to her family.
Alfredo Mesqua, attorney, believed elected officials should be held to higher standards in terms
of their actions and behavior, and for those reasons, opposed consideration of Item 20.
Jim Adams, representing LA/OC Building & Construction Trade Council, opposed the "Let the
People Vote" petition, remarking it had been initiated because the GardenWalk hotel developer
had not been pressured for incentives relative to the subsidy granted. He added the no growth
initiative would drive developers to nearby cities by creating a roadblock for any future
developers, resulting in further Toss of jobs and revenues to Anaheim. Addressing earlier
comments regarding building trades, he pointed out members typically had no seniority and
were kept working based on productivity and skill level and that companies won jobs based on
lowest bid, using the least amount of labor and completing work in the shortest period of time.
A female individual remarked the community deserved an opportunity to vote on the hotel
subsidy issue.
Richard McFarland, Eli Home, spoke in support of Mayor Pro Tem Galloway's beliefs and
principles and of the need to provide voters with facts and allow them an opportunity to decide
on the hotel incentive issue.
Craig Farrell remarked that the proposed initiative would not change the vote on the
GardenWalk hotel tax incentive but would impact all future hotels by adding time and money for
an election prior to approval of any development.
A gentleman of Plumbers Local 582 and a resident of Anaheim stated by virtue of being voted
into office, Council Members received his respect and he anticipated they would do their best for
Anaheim. He objected to citizen's micro - managing city business and the inaccurate mailer sent
to residents regarding the proposed initiative.
A female spoke in support of Lorri Galloway and thanked her for her community activism.
William Grisholia, resident, remarked the proposed initiative was about the voice of the people,
pointing out the referendum process was not unique and at one time was considered by SOAR
and Disney to overturn a decision by the city.
Richard Oakwen, small business owner, remarked that similar points of view were being
presented on both sides of this issue and his concern was that the truth not be distorted on
either side.
Patrick Kelly, teamsters union, stated he was here to represent the 99 percent thanking the
Council majority for standing for the creation of jobs in Orange County.
Council Meeting Minutes of April 17, 2012
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Yvette del Pando, resident, remarked political quarrels took time away from necessary city
business.
Ada Briceno, Unite Here Local 11, spoke on behalf of Lorri Galloway.
Amin David, resident, announced residents were looking forward to the petitions which would
allow the voters to have the last word on future development incentives.
Joanne Sosa, Take Back Anaheim committee, emphasized the initiative related to tax subsidies
for hotels only.
A gentleman, on behalf of Jack Knight, highlighted a plan to seek sponsors support to provide
art class and art schools for disadvantaged children and provided an art flyer.
Kevin Yvada, remarked Council would have to live with any decision resulting from Item 20.
Council Member Murray requested the opportunity to address earlier comments as a point of
personal privilege, with Mayor Tait responding there was ample time for rebuttal comments to
be presented when Item 20 was considered, which he believed would be presented in short
time. Mayor Tait requested Council Member hold her comments until the presentation of the
item. Council Member Murray inquired if the point of personal privilege was allowable to
members of the City Council. City Clerk Linda Andal responded that under the Rules of Order
approved by Council in February, any member of the Council wishing to speak must first obtain
the floor by being recognized by the Chair and the Chair must recognize any Council Member
who requested the floor when appropriately entitled to do so. She provided that the previous
section of the Rules of Order outlined the order of business and as Council Communications fell
after Public Comments on the agenda, she stated, the Mayor may have discretion in this matter,
under the city's Rules of Order. Mayor Tait added that Council could change the rules of order
in the future but in this instance, comments would be delayed until Item 20 was heard.
CONSENT CALENDAR: Mayor Tait indicated he would record an abstention for the vote on
Item Nos. 9 and 14 due to a potential conflict of interest. Council Member Galloway moved to
waive reading in full of all ordinances and resolutions and to adopt the consent calendar as
presented, seconded by Council Member Eastman. Roll Call Vote: Ayes — 5 (Mayor Tait and
Council Members: Eastman, Galloway, Murray and Sidhu). Noes — 0. Motion Carried
3. Receive and file minutes of the Community Service Board meeting of February 9, 2012,
B105 Cultural and Heritage Commission meeting of February 16, 2012, Parks and Recreation
Commission meeting of February 22, 2012 and Public Utilities Board meeting of
February 22, 2012.
D117 4. Approve the Investment Portfolio Report for March 2012.
5. Accept the lowest responsive bid and approve an agreement with Marina Landscape,
Inc., in an amount not to exceed $117,691, for landscape maintenance services for the
AGR 4523.A Public Works Department for the Anaheim Convention Center area 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 #7601.
6. Award the contract to the lowest responsible bidder, Vasilj, Inc., in the amount of
AGR - 7183 $1,229,957, for the Citywide Sanitary Sewer System Repair and Rehabilitation
Council Meeting Minutes of April 17, 2012
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Program /Project Phase 3 - Group 1 (West Anaheim) and authorize the Finance Director
to execute the Escrow Agreement pertaining to contract retentions.
7. Award the contract to the lowest responsible bidder, Environmental Construction, Inc., in
the amount of $15,850,669.95, for the construction of the Anaheim Convention Center
AGR - 7184 Grand Plaza, waive all irregularities found in the low bidder's documents and authorize
the Finance Director to execute the Escrow Agreement pertaining to contract retentions.
8. Approve a Design and Engineering Services Agreement with Psomas, in an amount not
AGR - 7185 to exceed $503,000, for the Anaheim Boulevard and Ball Road Intersection
Improvement Project.
9. Approve a Joint Use Agreement Serial #69343A with Southern California Edison
AGR - 7186 Company (SCE) for the relocation and installation of a steel riser pole owned by SCE on
Haster Street.
Mayor Tait recorded an abstention on this item. Roll Call Vote: Ayes — 4: (Council Members:
Eastman, Galloway, Murray and Sidhu.) Abstention — 1: Mayor Tait. Noes — 0. Motion to
approve carried.
10. Approve and authorize the City Manager to execute an agreement with West, a Thomson
AGR 7187.1 Reuters Business, extending the current agreement for online legal research services for
an additional two years.
11. Approve and authorize the Public Utilities General Manager to execute, implement and
administer an agreement and any other related documents with Maddaus Water
AGR - 7188 Management, in the amount of $150,000, to provide consulting services to develop a
Water Use Efficiency Master Plan for the City.
12. Approve an Energy Storage System Evaluation Plan to evaluate the efficacy of Energy
Storage Systems in the City consistent with the mandates of state law (AB 2514) and
authorize the Public Utilities General Manager to take any and all actions as are
D182 necessary and appropriate to effectuate the Plan and to prepare, execute, attest to, and
submit any and all information or documents as are necessary to the California Energy
Commission and /or the California Public Utilities Commission consistent with AB 2514.
13. RESOLUTION NO. 2012 -031 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM amending the City Council Policy Manual to add a policy
R100 relating to the manner in which members of the City Council may place matters on the
agenda of a regular City Council meeting.
Authorize staff to continue reviewing Rules of Order.
14. RESOLUTION NO. 2012 -032 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the Anaheim Director of Public Works or her
designee to submit a grant application on behalf of the City of Anaheim to OCTA for
Measure M2 Project S (Transit Extensions to Metrolink) Funding and if awarded,
R100 authorizing the acceptance of such funding on behalf of the City and amending the
budget accordingly.
Council Meeting Minutes of April 17, 2012
Page 7 of 9
Mayor Tait recorded an abstention on this item. Roll Call Vote: Ayes — 4: (Council Members:
Eastman, Galloway, Murray and Sidhu.) Abstention — 1: Mayor Tait. Noes — 0. Motion to
approve carried.
15. RESOLUTION NO. 2012 -033 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM declaring its intention to grant non - exclusive taxicab franchises
F130.2 for the purpose of operating taxicab service in the City of Anaheim; stating the terms and
conditions upon which it is proposed to grant the franchises; and establishing the date,
hour and place when and where any persons having any interest therein or any
objection thereto may appear and be heard thereon (Public hearing scheduled for May
8, 2012).
16. ORDINANCE NO. 6239 (ADOPTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM amending various sections of Chapter 16.40 of Title 16 of the Anaheim
Municipal Code relating to the designation of Very High Fire Hazard Severity Zones
(Introduced at Council meeting of April 3, 2012, Item No. 22).
17. ORDINANCE NO. 6240 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim Municipal
C280 Code relating to zoning (DEV2011- 00099) (Reclassification No. 2011- 00247) (Honda
Center Enhancement Project) (Introduced at the Council meeting of April 3, 2012, Item
No. 26).
18. ORDINANCE NO. 6241 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM amending Ordinance No. 6212 temporarily waiving certain provisions of
Chapter 17.38 of Title 17 of the Anaheim Municipal Code relating to deferral of certain
impact fees.
19. Approve minutes of the Council meeting of April 3, 2012.
END OF CONSENT CALENDAR
20. Review and consider the position of Mayor Pro Tem for the 2012 calendar year.
D113
Council Member Murray began her remarks by responding to concerns that had been raised
earlier. She emphasized the fact that every member of council worked to ensure city services
were there for residents and children and also worked tirelessly for nonprofits that served at risk
youth and families in Anaheim. She pointed out Council Member Sidhu ran a health fair and a
job fair each year, a personal initiative of his. She added that she and Council Member
Eastman had attended many flashlight walks in at risk communities. She had also spent a year
working with Toshiba for a private grant to supply the new Ponderosa computer lab for students
to have access to state -of- the -art computers and the community to have that same access for
job hunting and skills training. She added all five of the City Council cared about the city and
while they may not always agree, it was her hope they would be able to work together.
For the last three months, she stated, she and her two colleagues had received emails distorting
facts. Also, similar public comments at each subsequent council meeting, censured the council
for their January 24 decision. Upon the filing of an initiative that would potentially and
indefinitely stop economic development in Anaheim, she felt this item must be heard. She
added by Council Member Galloway signing an initiative not as an individual or resident, but by
using her title of Mayor Pro Tem, Council Member Murray believed it would mislead voters and
Council Meeting Minutes of April 17, 2012
Page 8 of 9
that a line had been crossed and the only recourse available to keep that title from being put on
the ballot and voter pamphlet materials, was to reappoint the position. Council Member Murray
then moved to nominate Harry Sidhu to serve as Mayor Pro Tem for the remainder of the
calendar year; Council Member Eastman seconded the motion.
Mayor Tait remarked the Mayor Pro Tem position had been initially rotated between Council
Members as a nonpolitical act, but at some point that process ended. When he became Mayor,
he opted to bring back the tradition of rotating the position so that every member of Council
would have the chance to serve as Mayor Pro Tem during his tenure. He felt tonight's action
was a step backwards and while he disagreed strongly with the GardenWalk development
agreement and supported a vote by the people on this issue, he wished to move this Council
forward and requested Mayor Pro Tem Galloway be retained in her position and serve out her
term with distinction.
Council Member Eastman indicated she had seconded this motion concurring with the point
raised by Council Member Murray. She added while she supported the community's right to
participate in the process, she did not support the initiative for a number of reasons. At such
time, City Attorney Cristina Talley cautioned Council on the need to be mindful of the Brown Act
in connection with this discussion. While the Brown act allowed brief comment in response to
comments from members of the public, it should be kept in mind that the matter of the initiative
had not been agendized.
Council Member Galloway remarked she had signed the petition to gather signatures for the
initiative as Mayor Pro Tem, as that was her title. She added she had been honored by the title
and would continue to serve and represent the people of Anaheim.
City Clerk Linda Andal remarked that before the motion could be considered there must first be
a motion to remove Council Member Galloway from the position of Mayor Pro Tem or Council
Member Murray could amend the language of the original motion to remove Council Member
Galloway from the position of Mayor Pro Tem and to nominate Harry Sidhu to serve out the
remaining 2012 term as Mayor Pro Tem. Council Member Murray accepted the amended
language with Council Member Eastman seconding the amended motion.
Roll CaII Vote: Ayes — 3: (Council Members Eastman, Murray and Sidhu.) Noes — 2: (Mayor
Tait and Council Member Galloway). Motion Carried and Mr. Sidhu was appointed Mayor Pro
Tem.
Report on Closed Session Actions: None
Council Communications:
Council Member Murray remarked there was much on the horizon for the city with the U.S.
Men's and Women's Volleyball team beginning the 100 day countdown to the London Olympics,
the start of Angel's baseball, expansion of the Convention Center, getting NBA ready, and the
growing of the Resort area. With real economic recovery underway, she asked to hear from
residents and stakeholders in the community on their priorities for the coming budget year.
Council Member Galloway spoke of the success of the East Street Community Renewal
Initiative and Neighborhood Community Housing for coming together to help clean up
neighborhoods this past weekend with nearly 100 volunteers participating. She thanked all
Council Meeting Minutes of April 17, 2012
Page 9 of 9
those who voiced their care and concern for her and recognized city employee Danny Yoniker,
Anaheim Convention Center.
Council Member Sidhu emphasized that the creation of new jobs was a priority for him and
announced the South Orange County Job Fair scheduled for May 10 in Mission Viejo, the
Anaheim /OC Job Fair and Expo free for all employers scheduled for June 13 at the Convention
Center as well as the 6 annual Health Fair coming on June 3 He also congratulated West
Anaheim Medical Center for being named one of the "100 Top Hospitals of 2012 ".
Council Member Eastman remarked this past year had been about jobs, guaranteeing long -term
income stream and making sure the city was in a better place. She highlighted the "Home for
Heroes" program initiated by Bank of America, a program that provided mortgage free homes to
soldiers injured in combat in Iraq and Afghanistan along with two years of financial mentoring.
One new turn -key ready home in Anaheim was given to Ido Palmer, Army National Guard who
received a Purple Heart, Army Commendation Award and Combat Action Badge.
Mayor Tait mentioned the passing of former Mayor Don Roth and his contributions to the City.
He supported the initiative and Anaheim residents having the opportunity to vote on the use of
Transient Occupancy Tax and thanked Council Member Galloway for her service to the City as
Mayor Pro Tem.
Adjournment:
At 7:46 P.M., with no other business to conduct, Mayor Tait adjourned the April 17, 2012
meeting to May 7, 2012 for purposes of Closed Session for the City Manager recruitment.
Re tfully submitted,
Linda N. Andal, CMC
City Clerk