2013/04/30ANAHEIM CITY COUNCIL
REGULAR MEETING OF
APRIL 30, 2013
The regular meeting of April 30, 2013 was called to order at 3:04 P.M. in the chambers of
Anaheim City Hall located at 200 Anaheim Boulevard.
The meeting notice, agenda and related materials were duly posted on April 26, 2013.
PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Gail Eastman, Lucille
Kring and Kris Murray.
STAFF PRESENT: City Manager Bob Wingenroth, Interim City Attorney Michael Houston and
City Clerk Linda Andal.
ADDITIONS /DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
At 3:05 P.M., City Council recessed to closed session for consideration of the following items:
CLOSED SESSION ITEMS:
CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Test Claim with the Commission on State Mandates, TC #09- TC -03,
Santa Ana Regional Water Permit, California Regional Water Quality Control Board,
Santa Ana Region, Order No. R8- 2009 -0030 (Claimant: County of Orange, Orange
County Flood Control District & various cities, including City of Anaheim)
PUBLIC EMPLOYEE APPOINTMENT
(Subdivision (b)(1) of Section 54957 of the California Government Code)
Titles: Interim City Manager; City Manager
CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representatives: Michael R.W. Houston; Kristine Ridge
Position: Interim City Manager
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (d)(2) of Government
Code Section 54956.9: (One potential case)
Dispute with Anaheim Capital Partners, LLC, dba Anaheim Retail Partners
LLC, regarding Parking Structure Lease and Parking Structure Operating Lease
enforceability and rental payments thereunder
At 5:06 P.M., Council returned from closed session and the meeting reconvened.
Invocation: Pastor Gregory Douglass, Native American United Methodist Church
Flaq Salute: Council Member Kris Murray
City Council Minutes of April 30, 2013
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Presentations: Recognizing recipients of the 2012 Girl Scout Gold Award
Gina McGee announced the Girl Scouts of Orange County served over 23,000 girls with a
mission to build character and leadership abilities and making communities a better place in
which to live. She introduced Linzy Harkins, one of nineteen girls receiving the Girl Scout Gold
Award, the highest achievement possible in the organization. Ms. Harkins thanked council for
honoring her efforts in making and distributing blankets and scarves for the homeless.
Proclaiming May 14, 2013, as Crossing Guard Appreciation Day
Belen Garcia, Adelaide Price Elementary School, thanked the city for hearing and responding to
the Peer Assistance Leadership (PAL) request to honor crossing guards. She explained how
the involvement of Price elementary students wishing to express their appreciation to crossing
guards for their service came about and congratulated those students on setting and reaching
their goal.
Recognizing Anaheim Band Instruments for 32 years of business
Todd Richardson announced David and Diane Brown began the Anaheim Band Instruments, as
brass and woodwind specialists 32 years ago and enjoyed continued success with its many
varied customers and patrons regionally as well as globally.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Recognizing Anaheim Released Time Christian Education on their 70
Anniversary
Proclaiming May 2013, as Water Awareness Month
At 5:35 P.M., the Anaheim Housing Authority was called to order (in joint session with the
Anaheim City Council).
ADDITIONS /DELETIONS TO THE AGENDAS: None
PUBLIC COMMENTS (all agenda items):
Marcus Gonzales, Orange County Human Relations, provided council with an update on the
role his agency played in the Anaheim community as well as copies of their annual report. He
delivered statistics related to 702 cases occurring in Anaheim this year including the Youth
Bridges to Violence Prevention program, youth summer camp activities for those at risk as well
as other programs, and activities designed to assist with tense relations countywide.
Cecil Jordan Corcoran, Outreach Homeless Ministries, updated council on the publishing of his
overview of the bible.
Debra Ashby, SCAQMD, announced the agency's 25 Clean Air Awards, asking the city and
community to submit names of individuals or businesses for special recognition by early July.
She also indicated the electric lawn mower exchange was underway wherein Anaheim residents
had an opportunity to exchange gas mowers for cordless electric mowers. Specifics for both
programs were available on the www.AQMD.gov website.
City Council Minutes of April 30, 2013
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Dorothy Rose, Orange County Symphony, remarked Anaheim Band Instruments was one of the
first symphony sponsors and had continued their generous support throughout the years. She
also announced the next concert scheduled for May 19 entitled Symphonies for Bands
featuring wind instruments, and urged the community to attend.
An unidentified male requested a meeting with staff to discuss serious issues occurring in his
neighborhood. Mayor Tait suggested he and the City Manager meet with this resident to
discuss his concerns.
Carol Latham reported the Anaheim Arts Council was holding its quarterly Art Crawl on May 11
featuring live artists, music, food and exhibits. She also announced the WAND BBQ to be held
at Twila Reid Park on May 17
Gigi Fusco Meece encouraged the community to visit www.apacf.org to learn about upcoming
events benefitting the Anaheim Performing Arts Council foundation.
Jane Jones, Anaheim Equestrian Center, supported the city's Outdoor Connectivity Plan
thanking all those involved in creating the Plan and encouraging outdoor programs for both
youths and adults.
James Robert Reade offered his opinion on alleged gang members and their specific activities.
William Fitzgerald, resident, voiced his opinion on the effects of Disneyland fireworks and
submitted copies of an article from UCI re: CHOC breath mobile activities.
Juvie Pinedo, a property owner of 2.7 acres in Anaheim which contained easement access on
875 South Swallow Way adjacent to the Anaheim golf course, stated he recently noticed Oak
Canyon Nature Center had installed new hiking trail signs on his property. He announced he
was going on record to grant the City of Anaheim public hikers and the Oak Canyon Nature
Center the temporary right to pass by his permission subject to his control per California Civil
Code Section1008. Mayor Pro Tern Eastman requested the city manager discuss this matter
with Mr. Pinedo and inform council of that discussion.
A woman who wished to remain anonymous and had recently moved to a West Guinida Lane
apartment explained her fear when a police helicopter hovered over her apartment on April 2nd
and spotlighted her patio as she and her children were moving into her apartment. She felt the
need to address council should any harm come to her or her children by living on Guinida Lane
Mayor Tait requested the speaker meet with the city manager and discuss her concerns and
then inform council on the results of that meeting.
Genevieve Huizar voiced a number of concerns she had regarding city council members and
city staff and urged investment be made in low income neighborhoods in Anaheim to offer
programs and services for children at risk.
Michael Buss, Anaheim Arts Council, announced the annual children's festival to be held on the
Center Street Promenade to celebrate the arts on May 18 ", urging the community to take part in
this day of celebration for the children of Anaheim.
An unidentified man read from an Orange County Register editorial related to offering special
favors to developers in the pursuit of economic growth and development. Instead of political
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political favoritism, the editorial recommended Anaheim consider a citywide incentive plan for
new development be created to address future development.
Joanne Sosa, ESCRI, invited all to attend the Voices of the Community forum to be held at St.
Anthony's Church on May 6' This forum would provide an opportunity for the community to
bring issues forward after the civil unrest that occurred in Anaheim last summer and to discuss
changes or propose solutions.
German Santos, resident, felt his civil rights and reputation had been violated by the police
agencies of Anaheim, Garden Grove, Orange County Sheriff and the FBI, Los Angeles Division,
asking why this occurred to an Hispanic man working on police engineering projects for Bogota,
Columbia in a business located in Stanton.
At 6:18 P.M., Mayor Tait briefly recessed the City Council meeting to consider the Housing
Authority agenda, reconvening council session at 6:23 P.M.
CONSENT CALENDAR: Mayor Tait indicated there was a potential conflict of interest with Item
Nos. 6, 10, 12 and 14 as his firm had worked with R.J. Noble Company, Orange County Water
District, and Orange County Transit Authority, the parties involved in those items and he would
therefore record an abstention as his vote. Council Member Kring then moved to waive reading
in full of all ordinances and resolutions and to adopt 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 Mayor Pro Tern Eastman. Roll
Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and
Murray.) Noes — 0. Motion Carried.
B105 2. Receive and file minutes of the Library Board meeting of March 11, 2013 and Budget,
Investment and Technology meeting of December 12, 2012.
D117 3. Approve the Investment Portfolio Report for March 2013.
4. Determine, on the basis of the evidence submitted by BRE Properties, Inc., that the
property owner has complied in good faith with the terms and conditions of Development
AGR- 3504.1 Agreement No. 2010 -00004 for the 2012 review period for the Park Veridian II and III
project in the Platinum Triangle.
5. Award the contract to the lowest responsible bidder, C.C. Myers, Inc, in the amount of
$4,367,000 for the Katella Avenue Improvements at 1 -5 project and authorize the
AGR -7562 Finance Director to execute the Escrow Agreement pertaining to contract retentions.
6. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the amount
AGR -7563 of $1,764,803.15, for the Sunkist Street Improvements from Cerritos Avenue to 100'
south of Tryon Street and authorize the Finance Director to execute the Escrow
Agreement pertaining to contract retentions.
Mayor Tait recorded an abstention on this item item as his firm had worked with R.J. Noble
Company.. Roll Call Vote: Ayes — 4: (Mayor Pro Tern Eastman and Council Members:
Brandman, Kring and Murray). Noes — 0. Abstention — 1: Mayor Tait. Motion to approve
carried.
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7. Accept the low bid of Thatcher Company of California, in the amount of $125,910, for
D180 supplying liquid alum to the Public Utilities Department, Water Field Operations Division,
for a one year period, with four one -year optional renewals, and authorize the
Purchasing Agent to exercise the renewal options, in accordance with Bid # 7881.
8. Approve and authorize the Planning Director to execute the Second Amendment to
AGR- 7053.A.2 Agreement with Jon S. Traw, P.E., in the amount of $92,500, for consulting services for
the Planning Department.
9. Approve a Memorandum of Understanding with the Anaheim Union High School District
AGR -7564 pertaining to the deferral of collection of residential development impact fees from
building permit issuance to issuance of a Certificate of Occupancy or final inspection.
10. Approve a Memorandum of Understanding with Orange County Water District to enter
AGR -7565 into a partnership and begin planning the development of recreational improvements at
Five Coves.
Mayor Tait recorded an abstention on this item as his firm has worked with Orange County
Water District.. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and Council Members:
Brandman, Kring and Murray). Noes — 0. Abstention — 1: Mayor Tait. Motion to approve
carried.
11. Approve an agreement with Ferrellgas, LP authorizing Ferrellgas to sell propane gas at
AGR- 5225.A the Convention Center and in lieu of rent, pay a commission to the City in an amount
equal to 15% of gross billings from all propane sold on site.
12. Approve Amendment No. 2 to Cooperative Agreement No. C -9 -0448 with the Orange
County Transportation Authority to increase the overall budget of the Anaheim Regional
AGR - 5707.2 Transportation Intermodal Center through the addition of federal grant funds and to
specify funding eligibility requirements.
Mayor Tait recorded an abstention on this item as his firm worked with the Orange County
Transportation Authority. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and Council
Members: Brandman, Kring and Murray). Noes — 0. Abstention — 1: Mayor Tait. Motion to
approve carried.
13. Approve three grant deeds for property located at 5650, 5700 and 5710 East La Palma
Avenue, conveying to the State of California, the City's right and title interest in and to
P124 previously acquired real property along Imperial Highway for the Imperial Highway Smart
Street project.
14. Authorize an appropriation amendment, in the amount of $1,900,000, to the Public
D182 Utilities Department's fiscal year 2012/13 Water Supply Budget.
Mayor Tait recorded an abstention on this item as his firm worked with the Orange County
Water District. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and Council Members:
Brandman, Kring and Murray). Noes — 0. Abstention — 1: Mayor Tait. Motion to approve
carried.
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15. Adopt a list of recurring annual recognitions and proclamations to be issued for the
D116 remainder of the calendar year, accordingly.
16. RESOLUTION NO. 2013 -057 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM ratifying the submission of a grant application on behalf of the
City of Anaheim to the California Emergency Management Agency for the fiscal year
2012 Anti -Human Trafficking Task Force Grant, authorizing the Anaheim Police Chief to
D160 execute all required grant documents, and authorizing the acceptance of such grant on
behalf of the city and amending the budget for fiscal year 2012 -13 accordingly.
17. RESOLUTION NO. 2013 -058 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
D124 certain interests in real properties (City Deed Nos. 11522, 11551, 11552, 11553, 11554,
11564, 11565, 11566, 11567 & 11568).
18. RESOLUTION NO. 2013 -059 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
D124 certain real properties or interests therein (City Deed Nos. 11556, 11557, 11558, 11559,
11560, 11561 & 11563).
19. RESOLUTION NO. 2013 -060 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM vacating a portion of a public service easement located at
Pilo 2035 South Harbor Boulevard pursuant to California Streets and Highway Code, Section
8330, et seq. - Summary Vacation (Abandonment No. 2013 - 00267).
20. RESOLUTION NO. 2013 -061 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM temporarily closing a portion of Dakota Street at Eaton Place to
D175 vehicular traffic for purposes of traffic control.
21. RESOLUTION NO. 2013 -062 A RESOLUTION OF THE CITY COUNCIL OF
D175 THE CITY OF ANAHEIM ratifying and approving the action of the Public Works Director,
or her designee, in submitting grant application and entering into an agreement on
behalf of the City of Anaheim with the State of California, through the Proposition 84
Stormwater grant program, and in accepting such grant funds on behalf of the city and
approving inclusion of such funds in the respective budgets for fiscal year 2012 -2013.
22. RESOLUTION NO. 2013 -063 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving and adopting the Labor Compliance Program for
D150 Proposition 84 funded Public Works projects.
23. RESOLUTION NO. 2013 -064 A RESOLUTION OF THE CITY COUNCIL OF
D150 THE CITY OF ANAHEIM approving and adopting the City of Anaheim Outdoors
Connectivity Plan.
24. ORDINANCE NO. 6275 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM amending Ordinance No. 6235, relating to a pilot program for the operation of
a self - service bicycle sharing system within the City of Anaheim (Previously introduced
at Council meeting of April 16, 2013, Item No. 21).
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25. ORDINANCE NO. 6276 (INTRODUCTION) AN ORDINANCE OF THE CITY
M142 COUNCIL OF THE CITY OF ANAHEIM amending Chapter 14.40 of Title 14 of the
Anaheim Municipal Code relating to speed limits on city streets.
END OF CONSENT CALENDAR:
26. Authorize the Public Utilities Department to utilize proceeds from the Revolving Credit
Agreement with Wells Fargo Bank, National Association up to eight times per year in
years 2013, 2014, and 2015, in an amount not to exceed $20 million each year, to be
paid back each year, for purposes of providing the required financial security for
D182 participation in the quarterly Cap and Trade Program carbon allowance auctions and
the quarterly Cap and Trade Program reserve allowance sales held by the California Air
Resources Board.
Mayor Tait declared a potential conflict of interest on this item as his firm held a line -of- credit
banking relationship with Wells Fargo, and exited the dais at 6:28 P.M. Mayor Pro Tern
Eastman requested a staff report.
Marcie Edwards, General Manager, remarked the Utilities Department had recently received
council authorization to execute an agreement with Wells Fargo for a letter of credit and before
funds were drawn from that letter of credit, Council authorization was required for the draw. On
this agenda, she reported, staff requested authorization to draw on this letter of credit up to
eight times per year for the years of 2013, 2014 and 2015 in order to provide the collateral
required for the department's participation in the Cap and Trade Program. She added, no more
than a total of $20 million per year would be drawn on the letter of credit with each draw to be
paid back within 12 months.
Providing background on the Cap and Trade Program, Ms. Edwards explained the California Air
Resources Board (CARB) provided most of the emission allowances needed to meet
compliance requirements at no cost with the proviso they may only be used for electricity sold
directly to Anaheim's customers (for retail electricity). She added the Department also sold
electricity in the wholesale market, in addition to electricity sold directly to customers, and was
not allowed to use the free emission allowances in this instance and was therefore, required to
purchase those emission allowances for wholesale electricity. Emission allowances, she further
explained, were available for purchase in secondary markets such as on exchanges or from
other entities that had allowances or from the Cap and Trade Allowance Auctions and Reserve
Sales. While Anaheim might use any of these options to purchase the allowances, she
emphasized the auctions and reserve sales were a cost effective way to purchase the
allowances and for that reason, was a desirable option for the Utilities Department. Because
the auctions and reserve sales were held quarterly, staff also requested authorization to draw
on the letter of credit up to eight times per year; that is, four times for the auctions and four
times for reserve sales. All funds drawn from the letter of credit, she again emphasized, would
be repaid within 12 months through the recovery of the money from the wholesale sales of
electricity and at no time, could more than $20 million be drawn in any 12 month period, nor
would the outstanding balance on the letter of credit exceed $20 million for this purpose.
Ms. Edwards pointed out the Cap and Trade program regulations required that information on
participation as well as auction strategy remain strictly confidential to insure the integrity of the
carbon allowance market and to minimize opportunities for the market to be manipulated. The
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Page 8 of 9
confidentiality requirements covered the release of very basic information including whether or
not Anaheim would even participate in any given auction as well as the number of allowances
sought to purchase that option. In order to not release information that would reveal the City's
intent or whether or not it would participate in any particular auction, Ms. Edwards remarked this
request was framed to cover all of the carbon allowance auctions and reserve sales that would
cover the three year life of the letter of credit agreement. This request also did not identify a
specific amount but identified the amount it was not to exceed ($20 million each year), which
she pointed out, could be far less than that amount. She ended her presentation commenting
this process insured the bid strategy in any given auction and reserve sale remained
confidential.
Council Member Brandman indicated he was on the Public Utilities Board when this program
was discussed, and was supportive of this effort which would hold costs down while enabling
the city to meet new state requirements for AB32. Council Member Murray thanked staff for
coming forward with a portfolio of options that aggressively gets the City to renewables but also
provided innovative financing solutions to help keep rates as low as possible.
Council Member Kring moved to approve Item No. 26, seconded by Mayor Pro Tern Eastman.
Roll Call Vote: Ayes — 4: (Mayor Pro Tern Eastman and Council Members: Brandman, Kring and
Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion Carried.
Mayor Tait returned to the dais at 6:36 P.M.
REPORT ON CLOSED SESSION ACTIONS: Michael Houston, Interim City Attorney, reported
on Item Nos. 02 and 03: City Council appointed Marcie Edwards as Interim City Manager
effective May 1 (Vote: 4 -1) (City Clerk notes: per Interim City Attorney who attended closed
session, the dissenting vote was Mayor Tait) and selected the firm Ralph Anderson and
Associates to conduct the search for the City Manager position (City Clerk note: unanimous).
COUNCIL COMMUNICATIONS:
Council Member Brandman commended Anaheim Band Instruments for their years of business,
spoke about his participation in Youth in Government Day welcoming students throughout the
city to learn about local government in action. He also reminded the community of the
upcoming 7 th Annual Health Fair to be held at Magnolia High School and thanked Bob
Wingenroth for his service to City exemplifying integrity and demonstrating the importance of
adhering to best practices. Lastly he requested this meeting be adjourned in memory of Chris
Jarvi, retired Community Services Director, Harold Bastrup, former Anaheim Police Chief, and
Norm Nowell, of Makena Properties and Anaheim Sports Center Management.
Council Member Murray highlighted her student from Youth in Government Day, Nathaly Basto
Camargo, who founded a community service organization that inspired low- income Hispanic
Americans students to become leaders through academic achievement. Council Member
Murray also announced the following upcoming events: Cinco de Mayo Fiesta to held May 2 -5,
Orange County Family Justice Center Foundation fundraiser on May 2 "d , and the WAND
Barbecue, Fire Service Day, and Taylor Memorial 5K Run/Walk all scheduled to take place on
May 11 She expressed her condolences to the family of Chris Jarvi, retired Community
Services Director and Harold Bastrup, former Police Chief.
City Council Minutes of April 30, 2013
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Mayor Pro Tem Eastman recognized volunteers David and Diane Browne, ABI owners who
consistently offered assistance to many families who could not afford instruments throughout
their tenure in Anaheim. She also highlighted the accomplishments of Harold Bastrup, former
Police Chief, and expressed her condolences to his family.
Council Member Kring spoke about her participation in Youth in Government Day and
announced the Tip -a -Cop fundraiser slated for May 2nd at Bubba Gump Shrimp. She spoke of
her attendance at the dedication of the Anaheim Police monument to honor for three fallen
officers who died in the line of duty in Anaheim. She also attended the ground breaking of John
Marshall Elementary School to be completed and open for students around January 2015. She
thanked Bob Wingenroth for his service to the City and expressed her condolences to the
families of Chris Jarvi, retired Community Services Director and Harold Bastrup, former Police
Chief.
Mayor Tait thanked Bob Wingenroth for his service to the City and concurred that the meeting
should be adjourned in memory of the individuals named. Mayor Tait then read a statement
expressing his disagreement to an editorial written by Council Member Murray in the Orange
County Register, Thursday, April 25, 2013, regarding district elections. He stated the editorial
was inaccurate and untrue and believed that it was his duty as Mayor to speak up when he feels
the people of Anaheim are not receiving correct information. He provided that Council Member
Murray misstated AB1344 and rebutted her comments providing his interpretation of the
Government Code and referencing the City of Santa Ana's recent charter amendment, absent
two public hearings, and requested she retract her statement.
ADJOURNMENT:
At 7:03 P.M., Mayor Tait adjourned this meeting in memory of Chris Jarvi, retired Community
Services Director; Harold Bastrup, former Police Chief; and Norm Nowell, Makena Properties
and left the dais.
Council Member Brandman inquired of the Interim City Attorney whether Mayor Tait's statement
could be debated or discussed with Mr. Houston replying discussion would not be appropriate,
however, Council Member Murray could respond under a point of personal privilege. Council
Member Murray, speaking as a point of personal privilege, stated she sought and received legal
advice before taking an opportunity extended by the Orange County Register to provide a
contrary opinion on the subject of engaging citizenry for major ballot proposals and stood by her
editorial response.
Mayor Pro Tem Eastman adjourned the meeting.
esp tfully submitted,
Linda N. Andal, CMC
City Clerk