2013/06/11ANAHEIM CITY COUNCIL
SPECIAL MEETING OF JUNE 11, 2013
The special meeting of June 11, 2013 was called to order at 1:00 P.M. in the chambers of
Anaheim City Hall. The meeting notice, agenda and related materials were duly posted on June
7, 2013.
PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Gail Eastman, Lucille
Kring and Kris Murray.
STAFF PRESENT: Interim City Manager Marcie Edwards, Interim City Attorney Michael
Houston and Linda Andal, City Clerk
ADDITIONS /DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
Council then recessed to closed session for the following items with Mayor Tait declaring a
potential conflict of interest regarding on Closed Session Item #1, Angels Stadium.
CLOSED SESSION (SPECIAL MEETING)
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Subdivision 54956.8 of the Government Code)
Property: 2000 East Gene Autry Way, Anaheim, CA (Angels Stadium of Anaheim)
Agency Negotiator: Tom Morton
Negotiating Parties: Angels Baseball, LP, City of Anaheim
Under Negotiation: Price and Terms of Payment Regarding Lease
Item No. 01 Mayor declared a conflict and will be part of discussion of this item.
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Moreno et al. v. City of Anaheim, Orange County
Superior Court Case No. 2012 - 00579998
At 2:10 P.M., Council adjourned the special meeting of June 11, 2013 and Mayor Tait called to
order the adjourned regular meeting of May 28, 2013 held on June 11, 2013. The meeting
notice and related materials for this adjourned regular meeting were duly posted on June 7,
2013.
PRESENT: Mayor Tait and Council Members: Jordan Brandman, Gail Eastman, Lucille
Kring and Kris Murray.
STAFF PRESENT: Interim City Manager Marcie Edwards, Interim City Attorney Michael
Houston and Linda Andal, City Clerk
D106 FY 2013/2014 BUDGET PUBLIC HEARING:
Marcie Edwards, Interim City Manager, announced the public hearing to review and adopt the
city's FY 2013/14 budget pursuant to City Charter Sections 1202, 1203, and 1204. She noted
Council had been given the proposed budget documents, the information had been available
Council Minutes June 11, 2013
Page 2 of 42
since May 31, 2013 for public review, and the hearing would be continued to June 18th to
complete departmental presentations. The adoption of the budget would follow budget
presentations to be enacted prior to July 1 St , per the City's Charter.
Ms. Edwards reported this budget would demonstrate Anaheim's commitment to investing in the
community even with tough economic challenges. Historically more than 85 percent of
Anaheim's general fund was dedicated to public safety and neighborhood improvements, and
she pointed out, the 2013/14 budget invested further in these areas. It provided for public safety
increases, spent more on neighborhood improvements projects, increased hours of availability
for libraries and community facilities, and addressed public infrastructure. The capital
improvement program, she stated, included the completion of Mira Loma Family Resource
Center, the construction of a new park near Guinida Lane and Paul Revere Elementary School,
and continued the investment in Anaheim's outdoor connectivity plan with new bike paths and
walking trails. Local public safety personnel had been expanded as well as public safety
community outreach programs to strengthen communications between law enforcement and
local residents and there was also continued investment in the Gang Reduction and Intervention
Program (GRIP), Safe Schools, Cops 4 Kids, and the Junior Cadet and Police Explorer
programs. Planned street projects included Brookhurst Street Widening project and
improvements to Tustin /La Palma intersection; other capital projects included the Anaheim
Regional Transportation Intermodal Center (ARTIC) and the Anaheim Rapid Connection (ARC),
a project that linked residents and visitors to entertainment and job centers. Additionally, the
expansion of the Convention Center would begin with the aim of providing more flexible meeting
space to attract larger and more diverse meeting groups. All of these projects, she emphasized,
were intended to attract more visitors to Anaheim, promoting increased visitor revenue that
ultimately would be redirected back to neighborhoods and core services.
Ms. Edwards stated the budget totaled $1.6 billion, an increase of 4.3 percent from the current
year adopted budget. The general fund portion totaled $242.5 million, an increase of 2.4
percent and was not only balanced, but identified nearly $9 million available for additional
programming according to council priorities. She explained that opportunities for supplemental
budget approval include enhancements to public safety - police and fire, improvements to
community infrastructure and neighborhoods in public works, and projects enhancing service
levels and recreational opportunities in community services. Taking into account future
obligations to the city's Five Year Plan, she indicated staff recommended that $3.4 million be
available at council's direction for operating enhancements of an on -going nature with an
additional $5.3 million available for one -time projects with these recommended supplemental
additions discussed in detail on June 18 Lastly, she remarked, the city's budget was
structurally balanced in 2013 and beyond while investing nearly $9 million in public safety and
neighborhoods and remaining amounts specifically programmed to serve to rebuild reserves to
prerecession levels.
FY 2013/14 BUDGET OVERVIEW
Debbie Moreno, Finance Director, provided an overview of the budget, remarking the proposed
2013/14 budget continued the positive momentum that began last year. The key assumptions
contained the following: 1) operating budgets were balanced, 2) they maintained current service
levels, 3) PERS impacts and health care costs were taken into account in the long -term financial
plan and 4) opportunities were identified for service enhancements. She pointed out while the
budget document showed a draw on reserves of about $75 million, those draws were mainly for
one time projects for which Anaheim had already received and set aside funds or would be
Council Minutes June 11, 2013
Page 3 of 42
reimbursed through grants. The proposed budget document also maintained service levels,
including the enhancements from last year, and provided an opportunity to fund additional
service enhancements for public safety and neighborhoods in the general fund. Those
proposed service enhancements, she explained, totaled nearly $9 million with $3.4 million as an
on -going expenditures based on expected revenues and expenditure trends, including
addressing future year impacts such as increase to PERS and health care costs. In addition to
the on -going enhancements, she noted, staff was able to recommend opportunities to fund $5.3
million in onetime costs, mainly projects or purchases to enhance public safety and
neighborhoods.
INTRODUCTION: Ms. Moreno stated the budget was comprised of many different sources
of funding with some, such as local taxes, used for any purposes and designated unrestricted.
Others, such as utility fees and federal and state grants could only be used for specified
purposes and were classified as restricted. Of the $1.6 billion budget, $1.1 million or over 70
percent was restricted. The remaining $453 million, less than 30 percent was, considered
unrestricted. The Enterprise Funds were the largest component of the city's budget at $661
million or 43 percent and those funds included the city's water and electric utilities, solid waste
and sanitation, golf courses and the conventions, sports and entertainment venues. The
proposed budget for the Enterprise Funds was the same as adopted 12/13 budget. The
General Fund was the next largest component of the overall budget and included the majority
of discretionary funds, a total of $242.5 million or 16 percent of the overall budget. Internal
Service Funds of $197.5 million or 13 percent of the overall budget represented centralized
services to the different departments of the city and included employee benefits and insurances,
fleet and facility maintenance and replacement, and information and communications services.
This was an increase of about 5 percent largely due to increasing retirement and health care
costs. She pointed out these costs were also duplicates of expenses already included in the
other funds and was the doubling effect of Internal Service funds. Mayor Tait asked for
clarification on the doubling effect, using employee benefits as an example. Ms. Moreno
responded when a police officer worked, salary was charged to the general fund but along with
the salary were the benefits that would eventually get paid either to the officer or on their behalf
such as sick leave, pension, etc. Those monies were taken from the general fund, put into the
internal service funds where they would ultimately be paid out. The Special Revenue Funds of
$184.5 million were 12 percent of the city's overall budget and mainly funded by other
governmental agencies for restricted programs such as the Housing Authority, Community
Development Block Grant, Gas Tax and Roads, and Workforce Development. This was a
decrease of 7.2 percent from last year's adopted budget due to completion of the Gene Autry
Way project. She stated Capital Funds of $172.5 million reflected 11 percent of the city's
overall budget and were also funded mostly by other governmental agencies per restricted
projects such as ARTIC and was a six percent increase over the current budget due to the
timing of the expenditures for the ARTIC project. The rest of the funds, Fiduciary, Debt
Service and Other General Purpose Funds represented only six percent of the city's budget.
CAPITAL IMPROVEMENT PROGRAM: Ms. Moreno provided detail on Anaheim's $307
million capital improvement program which included funds of the citywide budget that had just
been highlighted with no capital projects being funded by the general fund. Highlights included
development of Paul Revere Park at Guinida Lane that included a' /2 acre park space for
recreational use, replacement of existing restrooms and play areas at Sage Park, improvements
of the play areas at Modjeska Park, completion of the new Mira Loma Park and Family
Resource Center, installation of a new water play area at Chaparral Park, and other various
Council Minutes June 11, 2013
Page 4 of 42
updates and repairs to existing parks throughout the city. Also included were the on -going
reliability improvements to the electrical system and infrastructure.
Government Funds: Providing additional detail, Ms. Moreno indicated the $641.1 million
governmental funds was comprised of Enterprise Funds at $661.0 Million; General Funds at
$242.5 million; Internal Services Fund at $197.5 million; Special Revenue Funds at $184.5
million; Capital Projects at $172.5 million; Fiduciary Funds at $47.2 million; Debt Service Funds
at $34.2 million; and other General Purpose Funds of $12.3 million. She indicated the
enterprise funds reflected utilities; the general fund was primarily financed through taxes for
discretionary use and the special revenue funds and capital projects received funds from other
governmental agencies for restricted programs and projects. She reiterated that general fund
resources were used to provide core services including public safety and community services.
Public Safety and Community Services: Ms. Moreno stated the Anaheim Police Department
served almost 350,000 in population, 16,000 businesses and more than 20 million annual
visitors based out of four police stations answering more than 60,000 calls for service each
year. Anaheim Fire and Rescue handled over 28,000 incidents and dispatched 67,000 units
annually, with 22,000 of those responses being medically related. She noted their benefits to
the community extended beyond direct calls for service through public education programs at
local events and in schools, and through various programs offered by the Police Department
and Fire and Rescue. Community Services managed seven libraries including the joint school
library at Ponderosa and one bookmobile. They averaged 4,700 library patrons per day or 1.3
million annually and had over 150,000 registered card holders. In addition, there were three
community centers, three youth centers and gymnasiums, the Oak Canyon Nature Center and
the 2,200 seat amphitheater. There were also 51 park facilities, including Founder's Park with
the historic Woelke Stoeffel house, Mother Colony house and a tennis center. Community
Services also provided case management services to almost 3,400 Anaheim families and
facilitated over 78,000 outreach contacts through family resource and community centers. They
also offered over 2,000 recreational classes to 15,000 participants and a variety of affordable
theatre performances at Pearson Park Theater. Related to streets and roads, Ms. Moreno
noted there were 690 miles of arterial and interior roads, a distance equivalent to driving north
on 1 -5 from Anaheim to the Oregon border and in order to maintain these streets each year,
63,000 square feet of concrete or the equivalent of 1.25 NFL fields was replaced. In addition,
45 lane miles of asphalt was slurry sealed and over 19,000 trees were maintained.
Of the$ 661 million expended in these governmental funds, Ms. Moreno noted that 58 percent
was earmarked for neighborhoods and that included investment in transportation projects,
housing services, streets and roads, curbs, median and tree maintenance, parks, libraries,
recreation, human and neighborhood services, and investments in recreational facilities. The
next largest piece was for public safety, 27% and reflected fire and police response. Eleven
percent primarily made up of the debt service for the resort and the Convention Center but also
added to this was the Anaheim Tourism Improvement District and Anaheim Resort Maintenance
District that were funded through self- assessments in those areas. The smallest piece at four
percent was general government which consisted of service departments such as Finance,
Human Resource, City Clerk, Treasurer, City Administration and City Council.
General Fund: Ms. Moreno stated nearly 75 percent of the revenues before transfer to other
funds and more than 90 percent of the net revenues after transfers to other funds came from the
"big three" revenue generators, i.e., transient occupancy tax (TOT), Sales and Use taxes and
property taxes. For the first ten months of this year, she noted, TOT was up almost 15 percent.
Council Minutes June 11, 2013
Page 5 of 42
Signs of the recovery began in 2011 as hotel occupancy and rates increased with growth
continuing in 2012 with increases of 3.1 percent in hotel occupancy and six percent in the
average daily rate. She reported as Disney's new attractions entered the market, tourism
outpaced the general economic growth in recovery, and the city saw growth of about 15 percent
in the first part of the year, staff expected that growth to moderate slightly and end the year at
almost 12 percent and break the $100 million mark for TOT revenues. Sales and Use taxes
were up $3 million or 7 percent, and staff expected it to finish on target at about 6.7 percent over
last year. New and used auto sales continued to be strong along with tourism and tourist related
spending in retail and restaurants. The last quarterly results, she added, were the highest
quarter since 2009 for the retail, transportation, and food product sector. Property tax was the
biggest surprise as last year projections by the county assessor indicated property taxes would
be flat or slightly down. However, she pointed out, this year the assessed value increased 3.5
percent and expected to end the year with $2.1 million in growth. For the long term, she stated,
staff expected to see continued growth in TOT, expecting it to moderate slightly and projected
increases of about five percent for the next four years, planning for a four percent in the fifth
year. Sales and Use taxes were expected to grow next year and moderate to about three
percent growth in the out years. These projections, she explained, were based on the economic
growth in each of the business segments along with an overall inflation factor of less than two
percent. For property taxes, projections were for continued growth as well as the rebounding of
the housing market. In March, she reported, the median home price in Anaheim was $395,000,
up 22.7 percent from a year ago and as a result, staff was projecting an increase of about five
percent next year and moderating to the statutory two percent in the out years.
For the current year Ms. Moreno explained, staff anticipated both revenues and expenditures to
come in better than expected leaving a surplus of $4.6 million. A five year plan was created
keeping in mind future PERS and health care impacts and in FY 2015/16 through 2017/18, the
projection was for less of a surplus than the preceding two years due to the increase in
employee benefit costs. With these constraints in mind, she explained, staff recommended a
combination of on -going and one -time service enhancements, recommending $3.4 million for
public safety service enhancements of an on -going nature and an additional $5.3 million in one-
time projects /purchases to benefit both neighborhood services and public safety. She added as
the departments presented their budgets, those enhancements would be identified. After the
one time service enhancements, she indicated there would still be a small contribution of fund
balance, including nearly $700,000 between FY 2012/13 and 2013/14.
Council Member Murray inquired where the GardenWalk TOT assistance dollars were allocated
with Ms. Moreno responding they were not included in this budget as allocations would not be
identified until revenues were received from the project. To be clear, Ms. Murray asked if the
revenues would increase at that time. Ms. Moreno replied that based on data from the city's
economist, the expenses would be less than the increased revenues, leaving net new revenue
for the city. Mayor Tait confirmed that revenues collected must be reported as revenue as the
new hotels come on line and that revenue would be over and above the revenues shown at this
time. He added that an expense column would also reflect payment to the developer which
would equal over time to a maximum of $158 million. Ms. Moreno responded that once
revenues were received, the city would also forecast expenses associated with that revenue.
Council Member Murray stated her point was that new net revenues would be received. Mayor
Tait added those revenues would be ten cents on the dollar as 70 percent of those revenues
were earmarked for the developer.
Council Minutes June 11, 2013
Page 6 of 42
Council Member Brandman was appreciative of the presentation, remarking it was a good
beginning to restoration and reinvestment to the entire community.
POLICE DEPARTMENT
Raul Quezada, Interim Chief of Police, discussed the role of the Police Department and its
challenges and opportunities. Touching on the events of last summer, he indicated procedures
had been modified and many outreach meetings had been conducted, recognizing that more
must be done. He remarked the primary goals of the Department mirrored those of city leaders
in making every neighborhood safer, providing safe and memorable experiences for the 20
million annual visitors and providing positive outlets through programs for every Anaheim child.
The proposed operating budget for all divisions was about $119 million, including revenues from
multiple funding sources with the general fund being the largest source. That funding supported
351 police officers, 185 professional civilian full -time staff, and 63 part-time equivalents.
Performance Measure Indicators: Chief Quezada stated one of the most important
performance measures in policing was the patrol response times to priority 1 calls. The average
response time was 8 minutes 45 seconds and he expected that with the changes in
communication management, new technology, and the use of police motorcycles, the average
response time would drop to 8 minutes 30 seconds. The second performance indicator, overall
part 1 crime rate, was slightly higher due to the impacts of AB109, the post release community
service bill (PCS). He stated there was a direct correlation between the program and repeat
offenses and since 2010111, 331 PCS probationers were released to this community with 135 or
41 percent having reoffended. In 2012, he stated three homicides were committed by PCS
probationers and another one was arrested for the attempted murder of a Fullerton police
officer. Despite this increase in crime, Interim Chief Quezada emphasized Anaheim remained
one of the safest ten largest California cities. The third performance indicator was the
percentage of crimes solved through investigations and arrest. Due to reassignment of
detective personnel to cover patrol shifts to minimize overtime, he anticipated ending this fiscal
year with a 40 percent clearance rate. Traffic accidents, the 4 th performance indicator, had seen
staffing levels reduced by about 30 percent in order to maintain adequate staffing levels in core
functions. As a result, he noted motorists who might normally be cited or warned were going
unchecked. He added statistics indicated that the best tool to change driving behavior was
enforcement or the threat of enforcement. From an educational standpoint, the department
participated in high school assemblies related to DUI's and the dangers of driving while texting
or talking on cell phones. The 5 th performance indicator was the Police Explorer Program with
staff continuing to work with the youth of the community as part of its crime prevention efforts
and to build a path for future police employees, such as cadets and police officers.
Current Year Achievements: The chief pointed out in the Police Division, changes made in
the organization maximized existing resources. The new Gang Intervention and Suppression
Bureau now included youth services, Cops 4 Kids, Safe Schools and Gang Reduction
Intervention Partnership (GRIP). With this organizational change, officers were able to interact
with many children during and after school hours. The police website contained significant
improvements, making it user - friendly and transparent and to that end, the complaint form and
many of the most requested policy manuals were available on the website. In the near future,
he added, the chief's advisory board contact information would be posted as well. He spoke of
Council Minutes June 11, 2013
Page 7 of 42
the Bureau of Institute of Justice, an independent nonprofit organization that combined expertise
in research, demonstration projects and technical assistance, and helped leaders in
governments improve the systems people relied on for justice and safety. During a one week
period, the bureau identified group practices by police and worked together to strengthen
relationships between police and local communities, with Anaheim being the only department in
Orange County to have participated in this program and to have been doing so since 2009. He
remarked the overall ratings increased last year and the department would continue to
participate in this program to support community outreach efforts. "Chats with the Chief" was
established to allow officers direct and candid dialogue with the chief and to make officers feel
comfortable in speaking freely, no command staff was present during those meetings. In
addition, the "Behind the Badge" program, was a vehicle where positive stories were generated
about the department that would not otherwise be printed or used in local media. Those stories,
he added, also appeared in social media sites such a Facebook and twitter. The first of its kind,
Chief Quezada, remarked that concept had recently been adopted by other agencies. Lastly,
he indicated the mounted unit had the honor of representing Anaheim by participating in the
124 Tournament of Roses Parade, selected from hundreds of applicants and broadcast to 39
million American viewers and over 220 international territories.
Special Operations Division Achievements: Chief Quezada stated the major narcotics unit
had a successful year with an increase in overall seizures, which included 408 pounds of
methamphetamine, 2,449 pounds of marijuana and about $15 million in currency. The vice unit
continued to monitor massage parlor activity in an effort to insure safety and a healthy
environment while at the same time not impeding business growth. Regarding the Orange
County Human Trafficking Task Force, the vice unit partnered with law enforcement agencies
and with faith -based organizations to combat human trafficking. Since joining the task force, he
stated, the vice unit arrested 237 prostitutes, 53 pimps, and identified 64 victims. Under the
direction of an Anaheim police lieutenant, the Orange County Intelligence Assessment Center
(OIAC), developed a cyber program to provide vulnerability assessments and training to assist
stakeholders, primarily city and county IT staff, with the prevention of cyber incidents. In the
short time this program had been operating, Chief Quezada commented, the team already
assisted several local government agencies with the management of four cyber incidents. In
addition, the crime analysis and criminal intelligence units were reorganized to provide the
department and the community with a robust and comprehensive analytic unit. The two units
were able to combine their efforts and technological equipment to provide programs such as
Dashboard, Prolific Offender, and Road Time Analysis for officers in the field. The peer support
team was established to provide employees with another resource to turn to in time of personal
crisis, a way to combat stress and emotional issues that impact job performance and employee
health.
Communications Support Division Achievements: Chief Quezada stated with the
widespread use of social media, the department established a regular presence on these sites
to keep the public informed on incidents and crime data and to provide helpful information to
prevent users from becoming victims of crime. The communications bureau also processed
almost 550,000 telephone calls in the first ten months of this current fiscal year with dispatchers,
playing a vital role in public safety and customer service. During the events of last years, he
noted, dispatchers fielded numerous unpleasant calls and received not one complaint
concerning their conduct. Increased revenues were derived from the pay -to -stay program, for
those who desired to retain their employment while serving a court ordered criminal sentence.
Chief Quezada pointed out this program provided for up to 34 inmates to serve their jail
Council Minutes June 11, 2013
Page 8 of 42
sentence in Anaheim for a daily fee of $100 and revenues would exceed expectations by
$150,000.
Operations Division Achievements: The chief explained patrol officers worked in
conjunction with the communications bureau and were able to reduce response times of priority
1 calls by an average of 13 seconds. This was achieved by supplementing patrol deployment
with detectives and traffic officers to fill patrol shifts and this past year, he remarked, the
department began using a GPS dispatching system to help identify the geographical closest unit
available to a particular call for service. Following the unrest of last summer, officers also began
new efforts in connecting with the community via a new program, called Coffee with a Cop.
These were small neighborhood meetings where the community was encouraged to stop by a
local school, business or other meeting place to have a cup of coffee and discuss whatever they
would like to talk about with their local cop; year to date, 33 meetings have been held. He noted
patrol officers also responded to concerns from local schools following the tragic events in
Connecticut, conducting visits to every school in the city, walking the campuses with school staff
and exchanging information and helping to reassure parents their child's safety was a top
priority. The Renew West Anaheim citizen group was formed to address community issues in
the west district and the West District community policing team was in support of this citizen
group that developed a community based strategic plan with directed foot patrol, bike patrol,
and mounted patrols along Beach Boulevard focusing on quality of life issues. He added
several community flashlight walks were conducted in the area along with monthly meetings
with community stakeholders and city staff. Lastly, he pointed out, unified personnel now wore
and used digital audio recorders during their patrol activities to provide an evidentiary audio
account of officer's interactions with the community which assisted in providing greater
transparency and encouraged increased community trust of the department.
Investigations Division Achievements: Chief Quezada indicated the Junior Cadet program
offered educational and physical activities for youths ages 8 through 13 while emphasizing
respect, responsibility and self - discipline. Last year there were 135 in the program and this
year, 359 students from various elementary schools would graduate next week. He stated the
GRIP program used a proactive approach on reducing gang crime and involved members of a
governmental agency and volunteer organizations working hand in hand with school
administrators in elementary and junior high schools to identify children at risk of becoming
involved with gangs. In the fall, two additional schools would be added to the program for a total
of 12. The Kids Creating Change Program was for elementary school students exposed to
family violence. It covered topics such as conflict resolution, playground bullying, anger
management, communication skills, physical health, and effective family communication. Due
to the overwhelming success of this program, it was now being offered in the neighborhoods as
some families did not have the ability to travel to the Family Justice Center and since the
program's inception, 265 youths graduated. Another new effort, the Universal School Lockdown
Procedure was implemented late last year, a program whereby administrators of all public and
private schools received training in the new school lock down procedures.
The Family Justice Center, commented Chief Quezada, provided service to about 2,000 victims
of domestic violence, child abuse, elder abuse, and sexual assault regardless of where they
resided in the county. Their 15 on -site partners provided counseling, shelter, support groups,
adult and child protective services, family law, restraining order services, and victim advocacy
and support. Casa De La Familia joined the Center as one of its partners offering bilingual
counseling services. He noted that recognizing job skills played an important role in breaking
the cycle of family violence, the Justice Center now offered a 10 week Pharmacy Tech Skills
Council Minutes June 11, 2013
Page 9 of 42
class to the Center's clients, with the first class halfway through its curriculum. Additionally, two
undercover operations were completed this year which confirmed that organized criminal street
gangs and the Mexican mafia were operating collaboratively in Anaheim, and resulted in the
arrest and prosecution of over 65 individuals who were involved in illegal narcotic trafficking, fire
arms violations, and extortion. These investigations, he stated, resulted in the seizure of over
41 firearms and over 12 pounds of methamphetamine.
2013114 Goals: Next year, the chief indicated the department would continue to build on its
problem solving foundation, with the community policing teams expanded to deliver more
specific and more tailored crime prevention services at the neighborhood level. Leveraging the
department's growing presence in social media and establishment of Behind the Badge
program, officers would continue to proactively educate the community about on -going efforts to
make neighborhoods safer, reduce crime, improve overall service delivery and improve the
quality of life for all residents. Again, the organization would partner with the Bureau Institute to
examine the services offered for Muslim and Arab American and South Asian communities. An
exhaustive analysis would be conducted which included interviews, ride- alongs, review of
reports and data, and facility tours with a strategic planning session to take place on June 14
with all stakeholders invited. The department would continue to actively look for grant funding
opportunities, anticipating it would remain consistent with the current fiscal year of $2.8 million in
grant funds to help offset labor, operating, and capital costs to the general fund. The Specific
Operations Division would continue its active education of business owners and the community
about the laws and regulations that impact quality of life with the vice unit traveling nationally to
educate citizens and governmental agencies about the impact of human trafficking and how to
help end this crime. The crime analysis and criminal intelligence units were working together to
identify problem areas and crime trends to best utilize department resources with the
information generated from this group giving field personnel the ability to look at a map and
identify problem locations, problem subjects and trending crime. Proper staffing would then be
used to combat the issues identified.
With the addition of the Dashboard Program and the merging of the crime analysis with criminal
intelligence detail, the department was increasing the public's awareness of crime trends with
the use of crime alerts sent electronically on a daily or weekly basis, depending on the user's
request. In addition, community members were encouraged to visit the police webpage for
additional information. Chief Quezada pointed out the Anaheim Traffic Bureau currently
managed three state traffic grants and used these funds for DUI checkpoints, DUI saturation
patrols, seatbelt and cell phone enforcement, and personnel salary related to grant
management. The remaining grant funds were dispersed to cities throughout the county for DUI
checkpoints and DUI saturation patrols. The department would also expand and improve its
presence on social media, to include the rapid distribution of crime and other pertinent
information so that residents and visitors were up to date on crime trends, traffic alerts and
congestions, wanted person information and other useful tools. In addition youth programs and
crime prevention efforts would be highlighted.
Other goals and services to be provided included upgrading the internal monitoring video
system to bring state of the art technology into the operation, completely grant funded. This
would enhance the safety of inmates and staff and allow for the more efficient and orderly
movement of prisoners throughout the facility. Chief Quezada advised as part of the
commitment to insure public safety following the prisoner realignment, the department would
partner with the probation department to maximize the availability of its detention facility to
house those probationers in violation of terms. In addition, efforts to reduce response times to
Council Minutes June 11, 2013
Page 10 of 42
priority 1 calls would continue with the use of GPS aided dispatching along with alternative
staffing plan and GPS technology would soon be added to police motorcycles to assist with
dispatching the closest unit to incidents. Community outreach efforts would be increased to
neighborhoods with the development of a new Public Awareness through Citizen Education
(PACE) academy, allowing neighborhoods and the community an opportunity to become more
familiar with department programs and processes and encourage them to participate in events.
With the increase in homeless population, the chief stated the department partnered with
Orange County Health Agency to provide ongoing training for police personnel and allowed their
personnel to ride with patrol units. By riding with units, this would provide immediate mental
health services to those in need. From the investigations division, Chief Quezada pointed out,
the digital world necessitated that law enforcement personnel possessed the capability of digital
forensic examination to obtain evidence to successfully identify, arrest and prosecute offenders.
With the support of the one -time funding request, the PD would relocate and update its
computer forensics lab. With the increase in gang violence, the department would host its first
gun buyback program on July 13 with Chief Quezada commenting with 45 gangs and close to
3,000 documented gang members in Anaheim, all tools available to remove unwanted firearms
from the community must be used, adding that narcotic asset forfeiture funds would be used to
sponsor this event. Recognizing the need for after school activities, the PD would send a
mobile recreation trailer staffed by police personnel from the State Schools and Youths Services
Detail into specific neighborhood with this proposed increase in outreach occurring with the
granting of the department's supplemental request. Through reorganization, realignment and
transfers, the department also increased the number of personnel assigned to safe schools and
youth services detail with the goal of expanding the Junior Cadet and Police Explorer programs.
He reported there were currently 359 kids enrolled in the Junior Cadet program and 95 Police
Explorers and the department planned to expand the cadet program into the city's junior high
schools in order to serve 7 th and 8 th graders with the expectation those graduates would enter
the explorer program.
Supplemental Requests: Chief Quezada stated, in addition to what was previously
discussed, this supplemental budget request for 13 additional officers would allow the
department to enhance service levels to the community and meet council priorities in youth
services, the gang detail, community policing teams, and patrol. He also requested a one -time
funding for the GRIP program to allow the department to continue operating GRIP without
interruption and in anticipated of a renewed state grant in 2014. GRIP was currently involved in
10 schools, both elementary and middle schools, focusing on at risk youths with the goal of
preventing them from joining gangs. With the addition of another youth officer, the plan was to
expand GRIP to additional schools.
Also previously mentioned was the one -time service enhancement for the computer forensics
lab. Chief Quezada stated that almost every single arrest or investigation included some type of
digital evidence and the Main Station facility would allow the department to immediately process
digital devices from arrestees. The voice logger, the chief explained, was a mission critical
product the department used to record all emergency and nonemergency telephone calls and
relied upon for investigations in prosecuted cases. He noted the current manufacturer was no
longer actively supporting this product and a new voice logger system as a one -time
enhancement to the budget would result in improved operational efficiency and service ability.
Council Member Murray remarked this budget puts the city back on a path to bringing staffing
levels back to pre- recession era, and she was appreciative to see reinvestment in public safety
Council Minutes June 11, 2013
Page 11 of 42
as well as other core city services. She supported the department's requests and asked that
greater detail be included in the PowerPoint note section before it was transferred to the city's
website to allow for a more comprehensive understanding of the budget presentation.
Council Member Kring supported outreach efforts, especially to those who believed they had no
representation. She was supportive of the Coffee with a Cop program and spoke of the success
of the Cops 4 Kids program which had grown almost 150 percent. She mentioned the transition
for these kids at risk who came into the program reluctantly and went through 15 weeks of
intensive training resulted in youngster who respected others.
Council Member Brandman inquired how the 13 police officers would be allocated with Chief
Quezada responding one officer would be assigned to youth services, two to patrol, four to gang
detail and six to community policing. He added much of this was preventative with community
policing getting the most bodies. The youth services officer, he explained was assigned to Cops
4 Kids, and they not only worked with that program, they interacted with Safe Schools. By
combining them into one bureau, these officers were able to see different kids at different
stages, before school, after school and during school. Council Member Brandman asked the
chief to speak about the community policing officers with Chief Quezada indicating there were
currently six officers assigned to community policing teams, less than two per district. The new
officers would be added to the existing districts with two designated specifically for the south
district to support the resort area to address personnel losses, crime trends in that area and
terrorism threats.
Mayor Pro Tern Eastman inquired if any of the community policing officers were making more of
a presence in schools especially in the junior high schools where kids were being recruited into
gangs. Chef Quezada explained that this fiscal year, the department shifted some patrol
officers to the Safe Schools program to increase the amount of Safe School officers available.
Mayor Pro Tern Eastman also requested clarification on the voice logger system with the chief
remarking it was a recording device system that captured all the incoming and outgoing calls
and recorded the conversations taking place in the communications bureau. That system would
assist in the training of personnel and at the same time increase the system reliability of phone
calls.
Mayor Tait remarked the GRIP program was strongly supported by school administrators and
the Junior Cadet Program, Cops 4 Kids, and Explorers were also very effective programs. He
appreciated the department focusing on some of the mental health issues in working with
nonprofits on the homeless issue. He encouraged creative thinking to solve the La Palma Park
homeless problem and thanked the department for their quick and continued response to issues
on Beach Boulevard, adding that the businesses and residents on Beach Boulevard appreciated
the officers' presence.
At 3:11 P.M., Mayor Tait adjourned the adjourned regular meeting of May 28 and called to
order the regular meeting of June 11
FIRE DEPARTMENT
Fire Chief Randy Bruegman presented the Fire Department's budget beginning with an
overview of proposed total expenditures. With slightly more than $62 million in expenditures, he
stated the department increased revenues by about 2.8 percent over last year for a total of
Council Minutes June 11, 2013
Page 12 of 42
slightly over $16 million with the net cost to the general fund shown as $46.5 million, which
funded 262 full -time positions and 14.2 part-time equivalent positions.
Performance Measures: He indicated the performance indicators were new as in last year's
budget metrics for processing times, travel time, and turnout times were based on averages.
Since the national standards used as benchmarks were based on fractal measurements, this
change, he pointed out, was major and was indicative of the Strategic Plan and Standards of
Cover document's objective in comparing the department to a higher level of performance
based on national standards. In some areas, he reported, the department was satisfactory
while in other areas there was room for improvement, adding staff would be looking at improving
the department's performance next year and beyond. Performance related to fire prevention
and community risk reduction was measured by the numbers of business safety inspections,
new building construction, and fire protection permitting along with public education and
community relations /outreach. He stated fire staff communicated with 60,000 individuals
annually through the school systems and various scheduled events to encourage youths to think
about fire service as a career adding that many young firefighters had remarked they entered
this profession because a firefighter made an impact during a school visit.
Current Year Achievements: The Chief commented that some of the key statistics this past
year were a little over 31,480, an increase of 5.5 percent from last year. They included
emergency incidents, units dispatched, and paramedic subscription participants; he anticipated
they would continue to increase driven in part by implementation of the health care reform and
because it was believed more people would be covered under health care and more likely to be
covered by insurance during a 911 emergency. There was also an increase in other key
indicators, with inspection and plan reviews up several percentage points from last year, an
indication of economic development activity in the community.
Another achievement was the recently approved Strategic Plan and Standard of Cover
document, the Department's roadmap to develop this year's budget and going forward. The
department also applied to become an internationally accredited agency to help institutionalize a
quality model that would carry forward year after year and staff was currently preparing for on-
site review in the fall. Staff was also reflecting on measuring everyday performance throughout
the organization with the goal of improving customer service, emphasizing that for emergency
responses, it was all about time.
Support Services: A new Quint had been ordered to replace an aged Type 1 engine,
and a Type 3 engine had just been delivered and was being outfitted. He added three Type 3
units had already been on five deployments throughout the state and amassed nearly 500 years
in the field with those units being reimbursed through the State Mutual Aid Agreement. More
importantly, he stated those firefighters received the best type of training and experience to
bring back to Anaheim. In addition, the division purchased a replacement utility truck for the
Small Hydrocarbon Program that was primarily grant funded and was also going out to bid on a
new water rescue boat trailer. The USAR trailer which had been ordered as well would replace
a 10 year old converted beverage trailer. Also, eight cardiac monitors were purchased and were
now in service, adding to the fleet of monitors that were necessary as more and more situations
required paramedic services. He added the department also refurbished a trailer received 7 -8
years ago from another local beverage company, and it would now be put back in secondary
service providing miscellaneous tools and equipment that could be deployed in the event of a
major emergency. An Assistance Fire Grant had been awarded providing wellness equipment
and incident management training and the department would be ordering after July 1 11
Council Minutes June 11, 2013
Page 13 of 42
treadmills, or one for each facility. $118,000 was available for management training and
captains and above would participate in an extensive 50 hour on -line and three -day on -site
training course on incident management techniques for emergencies. Lastly, Support Services
was in the process of firefighter recruitment tests, using new testing techniques but also
engaging the Police Department in assisting with background investigations.
Fire & Rescue Operations Achievements: In MetroNet, a state certified incident
dispatcher team had been implemented, with a specific level of training for dispatchers to
enable the department to send personnel on site to assist the incident commander. The city of
Brea was added as the 8 th city to the MetroNet Joint Powers Authority, and an $800,000
remodel of the MetroNet Center had been completed, funded with $390,000 through a 911 state
grant. The Department also moved to establish minimum daily staffing levels for urban search
and rescue teams and would continue to train more personnel to elevate to that level. There
were three personnel being sent to paramedic school and a program started for the use of
Continuous Positive Airways Pressure devices, a process used on patients with significant
respiratory distress. After using these devices for six months, Chief Bruegman stated they were
found to have a real impact on patients, by lowering the likelihood paramedics would have to
intubate a patient by about 60 percent.
Fire Protection & Community Risk Reduction Achievements: Chief Bruegman
commented the Life Safety and Hazardous Materials Section had been reorganized, a deputy
chief had been removed and two supervisors were reclassified as assistant fire marshals,
lowering personnel levels within the organization. The California Environmental Report System
had been initiated, a statewide computer reporting system which allowed generators of
hazardous materials to file once and have that information reported to the state and the
department as well. He added this was a work in progress, recently launched in January and
should be helpful for business owners as it streamlined processes and reduced time and costs
in the long term. He added investigators in this division assisted with 55 fires with a combined
fire loss of $3.1 million this past year.
Emergency Management Preparedness Achievements: This division was
combined with the Homeland Security Division because there was a synergy between those two
elements. Two grants had been secured which enabled the assignment of two captains to the
Orange County Interoperable Intelligence Fusion Center, offering an opportunity to develop
intelligence on homeland security and analysis, and also provided a direct link from a city
perspective so that information and "intel" was given on the front end rather than the back end.
He added Anaheim was recognized as Department of the Year because 90 percent of
employees went through the terrorism liaison officer basic level training. The chief emphasized
the importance of this training in making sure employees had situational awareness about
things seen in their daily activities. In addition, this division maintained eight Point of Dispensary
(POD) locations, managed through a grant procurement that provided this same level of use or
equipment throughout the county, and conducted the 5 th annual POD exercise. An incident
management team which trained 50 employees citywide across departments was also hosted,
with each of those participating having a specialized function during EOC operations.
FY 2013114 HIGHLIGHTS: This past year, as part of the Strategic Planning and Standard of
Cover document, all ancillary agreements that laid the foundation for the next year's plans were
updated. In July, Chief Bruegman reported the Department would assume the financial duties
Council Minutes June 11, 2013
Page 14 of 42
of the NorthNet Training Center JPA and take over full management. The first step was to
repair and remodel the training center as the tower needed significant repairs as well as the
classroom training centers. Plans were underway for a bidding process. He noted a
comprehensive capital replacement plan was needed for all departmental assets, rather than
reliance on grants to buy ancillary equipment each and every year. Once that comprehensive
plan was in place, the department would invest in that replacement cycle each year. Another
focus was to become an accredited agency by March 2014.
Support Services Division: The department was seeking to purchase and outfit new
fire engines and would begin the process to equip emergency apparatus and strategic
intersections with signal preemption retrofitting; the battalion chief's vehicle would be replaced
under the typical replacement cycle. To address personnel vacancies, the Chief anticipated
hiring up to 12 firefighter paramedics and also develop and conduct a promotional process for
all three promotional ranks, i.e., battalion chief, captain, and engineer positions during the next
fiscal year. In addition, working with the City Manager's office, a centralized service facility site
would be identified, already owned by the city, to centralize logistics and house miscellaneous
equipment now spread in various fire stations. Additional, sites would be identified along with
conceptual planning for the new fire stations identified in the Strategic Plan. The chief remarked
staff had worked closely with the City Manager's office and Finance to work out the financing of
those stations going forward and anticipated coming back to council with a plan to address
those issues.
Fire & Rescue Operations: Chief Bruegman remarked that with the approval of this
budget, an additional unit would be placed into service on June 28 at Fire Station 8 and would
remain there until two city facilities had been identified as good fire station locations. Once the
capital funding for those facilities were allocated, that unit would be relocated from Station 8.
He added the geographic distribution of fire companies was critical to impacting response times
which would impact customer service.
Staff had already begun to meet with local hospitals and administrators talking about the
Affordable Health Care Act roll -out and looking for partnerships on the creation of a community
care response unit. That unit would contain a paramedic and nurse practitioner and divert some
911 calls rather than send a fire truck and ambulance if the level of intervention on that call did
not require that many individuals. He added this practice had gained widespread use in the
industry and staff felt it was an avenue to focus on in the future with the thought that healthcare
legislation would impact the way paramedics were used. The department also planned on
sending three more individuals to paramedic school, several to HazMat school with the goal of
elevating the number of trained personnel in HazMat stations from five to six and also to create
a pool of trained personnel. He added the department was currently short on paramedics and
would be sending at least three to school every year. In addition, they would focus on a 10-
week academy to prepare new firefighter paramedics to go on line for refresher courses. The
implementation of electronic patient care records would be undertaken with the chief remarking
the county had the software to make available to the city, and a pathway to uploading data and
eliminating the need to fill out hard copy patient care records which should streamline the ability
to capture good patient information and speed up the process for paramedics in the field.
Fire Prevention & Community Risk: Chief Bruegman explained a part-time inspector
for multi - family residential inspection process would be added by the end of this calendar year
or the beginning of 2014. This program must be revenue off -set and the process would be
verified before moving forward with the program. He stated the first phase of the single family
Council Minutes June 11, 2013
Page 15 of 42
home community risk reduction program would begin in which smoke detectors would be
installed and community outreach with fire suppression crews would be conducted. In addition
the Ready, Set, Go program would continue its outreach, especially in view of the extremely dry
vegetation and drought experienced the last few years.
Emergency Management & Preparation: This division was in the process of
developing a map of the neighborhood and community preparedness guide, part of the Hi
Neighbor program and outreach efforts of the department. CERT volunteers had been
successfully used in major incidents on scene and the division was looking at expanding that
effort. It was also time to update the city's operational plan that would return to council for
approval the next fiscal year and a Business Community Resiliency workshop would be hosted
along with increasing Emergency Operations Center position training and certification and
conducting additional exercises at POD sites.
SUPPLEMENTAL REQUESTS: Chief Bruegman announced a one -time enhancement of
$1.5 million was requested for the replacement of a fire engine, funding for the firefighter
training academy, and funding for the start of the signal preemption retrofit program, leaving
almost $200,000 for miscellaneous equipment purchases. The on -going enhancement request
of $245,000 would cover the net cost of staffing and reorganization of adding an engine back in
service.
Council Member Murray remarked this budget was also a good start in restoring fire services
and implementing the strategic vision to expand the department's resources and reduce
response times. She asked that the detail offered in the presentation be expanded to the
PowerPoint presentation to then be included on the city's website for the public's review. She
recommended a mid -year budget review for the Fire Department be conducted, asking that an
18 month outlook be submitted that included staffing plans. She would like to get that
commitment and planning started for the Fire Department soon given the fact revenues were
looking stronger for the next five years.
She also recommended that during this budget review process, a one -time discretionary budget
of $250,000 to $300,000 be identified to send additional paramedics to training and provide that
level of medical enhancements sooner rather than later. This request would then be considered
by council at the remainder of the budget workshops. She inquired how many firefighters could
be trained with that amount of money. Chief Bruegman responded that the cost of training one
individual was $50,000 and that cost reflected the need to pull personnel off shift and put them
on a 40 -hour week for several weeks. That figure included the cost of filling their shifts and from
his standpoint, would be a good investment for the department. He added one of the things the
department was considering for the next year was to turn the two truck companies on basic life
support into advanced life support units, complementing the strategic planning efforts.
Council Member Kring recommended Anaheim Regional Medical Center be used for the
community care response unit. She asked for clarification on the community risk readiness
program asking how homes would be identified and whether there would be an inspection
charge. Chief Bruegman responded that those areas would be identified based on where
incidents occurred and that staff would knock on doors and gain access in that manner. She
then inquired if multi - family structures were also involved with the chief replying that would occur
in late summer with the anticipation of taking those lessons learned and move forward with
single family homes and additional multi - family homes. In answer to Council Member Kring's
question as to the cost of the program, Chief Bruegman stated the department had received 200
Council Minutes June 11, 2013
Page 16 of 42
smoke detectors and several carbon monoxide detectors which would be given away and
installed under this grant program. For the future, they may only be able to provide information
and encourage the homeowners to install their own detectors. He added that often a knock on
the door provided an opportunity to link people to other services they might need, not just fire
service and he saw that as beneficial to both fire and life safety. Council Member Kring also
inquired if CPR training was ongoing with Chief Bruegman indicating instructors were hired to
provide that training.
Mayor Pro Tern Eastman wondered if there was a greater chance of home fires occurring in
apartments versus single family homes. Chief Bruegman replied about 30 to 35 percent of all
fires were kitchen related and occurring in apartment buildings, they could become the
foundation for some of the largest fires. He noted there were devices that could be placed
under the hood that were relatively inexpensive that would control fire on a stovetop, adding that
the expense of such an installation was the responsibility of the building owner. Mayor Pro Tem
Eastman confirmed she was supportive of a mid -year review and pursuing additional funds for
paramedic training.
Council Member Brandman asked how the recruitment for 12 firefighter paramedics fit into the
Strategic Plan. Chief Bruegman indicated the 12 would fill existing vacancies and did not add to
the 262 full -time employees for the department. Council Member Brandman asked if additional
paramedics were needed over and above the 12 in the recruitment process. Chief Bruegman
responded in the affirmative, stating that with the Affordable Care Act in place and individuals
enrolling in health care, many providers who offered advanced life support were discussing the
impacts with local hospital as to how to pay for this care. It followed that 911 calls would
increase and coupled with movement on health care legislation to avoid the emergency room
unless necessary, this would need to be considered along with whether or not Medicare would
reimburse for that service. He added that once the health care act rolled out, the department
would have a better handle on what that reimbursement looked like and how to structure service
provisions to meet that reimbursement and offer an adjunct to the 911 system. Council Member
Brandman inquired if the two new fire engines were additional or replacement units with the
chief responding they were replacements.
Council Member Brandman also remarked on his personal experiences in the fires occurring in
2008, as a resident and as a school board member, emphasizing that fire staff was significantly
larger at that time. While he was supportive of new fire stations he was more interested in
seeing a nine - member unit in the current year or planned for in this current year as part of the
mid -year review, asking for the chief's feedback on that comment. Chief Bruegman remarked
that the eight units on duty today would not have made a significant difference in controlling the
wildlife fires of 2008. He added the department was in a better position today because there
were now four units built to fight those fires, with staff trained to intervene in wild land events
and instead of waiting 30 minutes for Type 3 rigs to come, they could be deployed immediately.
He added the faster the right equipment with the right number of people was on scene, the
better the results. Furthermore, he added, council approved the CalFire contract which allowed
them to be called immediately in Riverside to launch their aircraft, something that could not have
been done before. He stated the department was currently better prepared from a staffing
viewpoint although it was down 39 -40 vacancies. The plan was to put those replacements in a
different deployment model than in the past, to be more effective and still have the depth of
resources to call upon with major events. He appreciated the opportunity to bring that
information back to council during a mid -year review, stating a staffing configuration would be
different if the fire stations were not built or if the health care legislation rolled out differently than
Council Minutes June 11, 2013
Page 17 of 42
expected and would dictate the type of equipment purchased and the number of people or types
of skills that may be needed.
Mayor Tait was supportive of the comprehensive capital replacement plan and the mapping
your neighborhood and preparedness guide. He asked for clarification on Council Member
Murray's earlier request for a mid -year review. Marcie Edwards responded, with the temporary
absence of Council Member Murray, that the request was for a mid -year budget review focused
on fire staffing. In addition, she suggested that from the one -time monies, an additional
$250,000 to $300,000 be found and reallocated to paramedic training for this budget. Mayor
Tait inquired where those funds were currently allocated with Ms. Edwards replying Ms. Murray
was suggesting the Homeowner Holiday funding be revisited. Mayor Tait inquired if Chief
Bruegman had requested to increase the level of paramedic training and if $250,000 were
reallocated, that he would spend it in that manner. Chief Bruegman responded in the
affirmative, adding that the recruitment process for firefighters specified they had paramedic
training.
Discussion was then held on the time frame for the remaining department presentations. After
considering whether noticed meeting times could be changed, it was determined that Public
Utilities would present their budget detail but that the Public Works presentation would be
continued to the June 18 meeting.
PUBLIC UTILITIES
OVERVIEW: Acting General Manager Dukku Lee, presented the Public Utilities budget. He
indicated the overall budget amount was $543 million, $14 million less than the current
amended budget, or 2.5 percent. In terms of the operating budget, Water and Electric Services
remained flat and Financial Services, which included debt service, reflected a $4 million net
savings due to the retirement of the San Juan Generation Station bonds. Joint Services was
comprised of customer service, comment functions, rebate program and S131 which required
funding for solar programs. Water Supply had a slight increase of about $.6 million or 2 percent
over the current fiscal year and even though forecasts were for a slight demand decrease, there
were some higher wholesale costs which would be countered by increasing groundwater
pumping to allow the department to use lower cost water as opposed to imported water. Power
Supply reflected an increase due to the renewable portfolio mandate which were offset by
reducing fossil fuel coal generation power, which then reflected a $4.9 million or 2 percent
decrease in that power supply budget. The capital budget was at $65 million, 17 percent less
than the current year due to multi -year projects, like the underground conversions, carried over
to the next fiscal year. For labor, the department was requesting the addition of one power
supply specialist to address the complexity of cap and trade, AB 32, which required the
reduction of Anaheim's carbon footprint to 1990 levels.
PERFORMANCE INDICATORS: Mr. Lee stated the Utility did look at employee efficiency
metrics as an important barometer of how Anaheim compared to other cities. On the national
scale, the electric utility had an average of 273 customers per employee with the higher number
reflecting more service for the same amount of employees. Anaheim was 60 percent better
than the national average. For water, there was no national average, and the comparison was
made with southern California utilities. Mr. Lee reported counterpart agencies averaged about
419 customers per employee, with Anaheim at 627 or 50 percent higher per employee. He
emphasized that overall the Utility's budget was only 10 percent of the total budget. He added
twenty key metrics were tracked in conjunction with the Public Utilities Board who requested
Council Minutes June 11, 2013
Page 18 of 42
metrics that surveyed finances, performance, and reliability and asked to see those indicators
every six months to determine where performance needed to improve. Mr. Lee stated those
metrics were available on the department's web page.
HISTORICAL USAGE: In 2007/08, Mr. Lee reported, there was a peak in terms of usage and
since that time usage had declined for both electric and water over the last couple of years
those usages had stabilized. He explained that was reflective of the economy, weather,
conservation efforts, and also indicated Utilities were a lagging factor and while other types of
revenue funds were increasing, the department was still at a point of stabilization, no longer
declining and relatively flat.
CURRENT YEAR ACHIEVEMENTS: Mr. Lee detailed the current year achievements. A new
program was introduced last November, the electric vehicle rebate for customers who installed
chargers with 25 customers participating to date. There were 1,656 home utility checks in which
utility representatives visited homes and reviewed water and electric usage to help the
homeowner make good decisions on how to reduce those bills. There were 1,214 shade trees
provided and planted in strategic spots to lower air conditioning bills. Two awards were
received as well, one from the Greed Building Council for improvements made at the Canyon
Power Plant including solar panels and thermal energy storage. The Urban Land Institute also
awarded Anaheim for sustainability programs, recognizing it as the greenest city in Orange
County.
Council Member Murray remarked in the wake of San Onofre closure, Anaheim was secure for
a generation or more because of the investment in the Canyon Power Plant which came in on
time and under budget.
Mr. Lee stated the current year achievements related to water, included water education
programs which culminated in May with a water poster contest in which the recipients had their
posters shown at Angel Stadium. Utilities also supported three local high school teams with
Savannah High School winning the Solar Cup challenge this year. He indicated there were
mandates and requirements for water testing and the department performed over 44,000 tests
every year and also serviced fire hydrants and made sure valves were exercised. Referencing
capital investments, improvements were made at the Hidden Canyon Pump Station, replacing
pumps and motors as well as the backup generator to provide a more reliable backup source.
The Water Division was also in the process of finalizing the Linda Vista Water Storage Facility, a
4 million gallon structure to help with reliability of the water system and in May, the dedication
for the Water Sustainability Campus occurred, capable of recycling 50,000 GPD to be used for
toilet flushing and local irrigation.
On the power side, he noted the Electric Division celebrated power week hosting 150 local
school children who learned where power came from, safety tips and participated in bucket
rides. Mr. Lee thanked council for their support in sending a crew out to Long Island, NY, where
five line crew members helped restore power and was much appreciated by the residents of
Sandy Hook. Over 3,000 street lights were repaired, almost 10,000 trees trimmed with the help
of Public Works to clear power lines, and over 14,000 pieces of equipment inspected related to
capital prioritization. The street light pilot monitoring program began, with 175 street lights
involved using technology to inform the department when power was out or repair was needed.
The Home Direct Buried Cable replacement program was also new with 13 customers
participating. This program enabled residents who were remodeling to add an additional
conduit, installed by the department at no additional cost with a focus on relieving potential
Council Minutes June 11, 2013
Page 19 of 42
power outages in the future, benefiting both the Utility and the homeowner, he emphasized.
The underground conversion program was underway with a full presentation to be made to
council later in the year. The power resource portfolio, Mr. Lee pointed out, was on track to meet
compliance targets for 33 percent renewables by 2020, pointing out the Utility met the first time
commitment of 20 percent and was moving toward the next time slot, which was 25 percent and
would meet that target by investments in landfill gas, wind power, geothermal and others.
FY 2013114 HIGHLIGHTS: The department was working on a series of common sense rule
modifications; two had been recently approved by council, and others that would be brought to
council on an individual basis. Mr. Lee remarked the customer information system was
antiquated and needed updating and the design phase was completed and should become live
in 2014. Capital investments for the coming year including the Windy Ridge Water Storage
Facility to improve reliability and fire protection in high pressure zones as well as replacement of
a 60 year old reservoir on West and La Palma. In the electric division, the large circuit breakers
at Lewis Substation, the entry point into the regional grid, were 40 years old and needed
replacement. In addition, the substation transformer in the west part of town was nearing
capacity and the department was looking to upgrade that as well. He indicated the equipment
inspections that were conducted helped to pinpoint where capital dollars should be targeted on
a priority basis. Lastly there was a pilot program for graffiti abatement to address those
instances where graffiti was back on equipment sometimes 20 -30 minutes after removal. In
those cases, artificial ivy was to be used as a more permanent aesthetic to cover the
equipment, i.e. transformers. This was a pilot program to determine that there were no
repercussions to placing this material on transformers that needed to cool down.
Mr. Lee ended the presentation, stating the Utility proposed budget was slightly lower than the
current year, mainly due to the power supply portfolio which was being adapted to meet the
challenges of regulations and legislation. Their focus was to do everything possible to maintain
electric and water rates lower and with increased reliability for Anaheim residents and
businesses.
At 3:36 p.m. the presentations were concluded and Mayor Tait opened the budget public
hearing for comments on the proposed FY 2013/14 budget.
William Fitzgerald, Homeowners Maintaining our Environment, offered his opinions on Disney
Corporation political, spoke against Fire Department staff, and suggested raising revenues
through an admission tax on Disneyland tickets in place of the methods recently approved by
City Council.
ADDITIONS /DELETIONS TO CLOSED SESSION (REGULAR MEETING): None
PUBLIC COMMENTS ON REGULAR CLOSED SESSION ITEMS (REGULAR MEETING):
William Fitzgerald, Homeowners Maintaining Our Environment, expressed concern over the
negotiation with the Anaheim Angeles. He recommended any provision for seats or luxury
boxes for the city be eliminated and the agreement be a straight lease agreement to generate
revenues for the general fund.
Ron Bengochea, found it incongruous that an elected official filed a lawsuit against the city
related to voting processes.
Council Minutes June 11, 2013
Page 20 of 42
Mayor Tait declaring a potential conflict of interest regarding on Closed Session Item #1, Angels
Stadium.
At 3:57 P.M., Council recessed to closed session for the following items:
CLOSED SESSION ITEMS (REGULAR MEETING):
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Subdivision 54956.8 of the Government Code)
Property: 2000 East Gene Autry Way, Anaheim, CA (Angels Stadium of Anaheim)
Agency Negotiator: Tom Morton
Negotiating Parties: Angels Baseball, LP, City of Anaheim
Under Negotiation: Price and Terms of Payment Regarding Lease
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Moreno et al. v. City of Anaheim, Orange County Superior Court Case
No. 2012- 00579998
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Robert Rosen v. City of Anaheim, City of Garden Grove, et al., OCSC
Case No. 30 -2012 00572253
4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Kelley Kimm v. Atkinson /City of Anaheim et al., Orange County
Superior Court Case No. 30- 2011 - 00532963
5. PUBLIC EMPLOYEE APPOINTMENT
(Subdivision (b)(1) of Section 54957 of the California Government Code)
Title: City Manager
The City Council session was reconvened at 5:10 P.M.
Invocation: Father Joseph Nettekoven, San Antonio Catholic Church
Flag Salute: Mayor Pro Tern Gail Eastman
Presentations: Recognizing the Anaheim Lions Club 2013 Youth of the Year
Brian Chwan, Community Services Department, announced that for the past 32 years, the Lions
Club co- sponsored the Anaheim Youth of the Year Scholarship in conjunction with the City of
Anaheim. This special award was granted to a high school student who provided outstanding
volunteer service to the Anaheim community. He then introduced Rod Wallis of the Lions Club
to present this award. Mr. Wallis introduced the finalists remarking their consistent effort and
commitment to the Anaheim community involved numerous service projects to Orangewood
Children's Foundation, Police Explorer, and Cops 4 Kids programs and many others. The goal
was to educate elementary school children about anti - graffiti awareness. Ms. Pilar Hernandez,
Council Minutes June 11, 2013
Page 21 of 42
Lions Club 2013 Youth of the Year was then introduced and recognized with Mr. Wallis
remarking she planned on attending Argosy University in the fall to major in criminal justice.
Recognizing the 2012 Mills Act Recipients
Terry Lowe, Community Services Director, reported that over the past 17 years the city began a
concerted effort to preserve historical resources establishing four historic districts containing
1,400 properties of which 303 now qualified as historic structures. He noted under the Mills Act
tax benefit program, historic structures were preserved by property owners in exchange for
certain property tax benefits and for year 2012, there were nine homes receiving a certificate of
distinction from council as well as a bronze plaque to be displayed on their homes, bringing the
total number of homes under the Mills Act designation to 271. He then introduced the Mills Act
class of 2012.
Recognizing Reach Youth Through Music Opportunities (RYTMO)
Mike Anderson, RYTMO, announced that under this program, musicians within the industry
donated time to underprivileged youths to get them involved in music. When it began in 2003,
there were 900 students going through the year -long program, using a recording studio in
Anaheim and learning how to promote music, history, contracts and budgeting. At the end of
the year those students, he remarked, understood the music industry. This Friday a fund - raiser
would be held at Sunkist Church to raise $15,000 to send two kids selected to go to Berklee
College of Music for a free five -week summer program. He noted some of the best jazz
musicians around would participate in the fund - raiser and urged the community to attend.
Acceptance of Other Recognitions (To be presented at a later date):
Proclaiming May 2013 as Lupus Awareness Month
Terra Delgado thanked the city for bringing awareness to Lupus and spoke to the mission of the
organization to empower and promote healthier lifestyles for those living with Lupus, an
incurable and potentially fatal auto - immune disease.
ADDITIONS /DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS (all items, except public hearings):
William Fitzgerald, Anaheim Home, offered his opinion on Disney as a special interest
corporation as well as voicing his opinion on city staff, past and present.
Ron Bengochea, resident, continued to object to the GardenWalk Hotel assistance agreement,
citing the loss of transient occupancy tax revenues.
Cecil Corcoran, Outreach Homeless Ministries, reported on the status of his bible study
guideline and spoke to the issue of bicyclists, roller - bladers and skateboarders traversing
Council Minutes June 11, 2013
Page 22 of 42
sidewalks and putting pedestrians at risk, asking than an ordinance be enacted to ban them
from sidewalks.
Jesse Rowan spoke to the issue of police officer involved shootings, stating a protest was
gaining in numbers and a revolution could occur if police officers were not held accountable.
James Robert Reade addressed the need to tap available resources to develop and implement
strategies to disrupt and dismantle the numerous street gangs in Anaheim, listing the resources
available and their responsibilities to local government.
Duane Roberts, resident, objected to consideration of the Orange County Human Relations
agency in having potential oversight involvement in the Anaheim Police Department given the
fact that the agency was a paid contractor of the Police Department and constituted a conflict of
interest. Additional details could be found on his blog anaheiminvestigator .word press. com.
Dorothy Rose, Orange County Symphony, remarked that Mike Anderson of RYTMO was also
president of the OC Symphony, emphasizing that he and others like him gave of themselves
tirelessly and the community was the better for it. She announced a free concert to be held at
Pearson Park on June 15 in collaboration with the All American Boys Chorus, inviting all to
attend.
German Santos, resident, spoke of his experience as an embedded systems engineer on
civilian projects primarily for business and law enforcement interests in Columbia, drawing from
that experience to address the federal use of surveillance to prevent terrorist activities and
warning of the potential for misuse.
With speaker card holders concluding their comments, Mayor Tait invited all other persons to
offer comments.
Larry Larsen stated last year Mayor Tait proposed changing the voting system into districts and
putting that proposal before the electorate. Instead, council created a committee, the Citizens
Advisory Committee on Elections (CAC) to study and develop findings for council's
consideration. The CAC spent six months studying and deliberating on this issue and put
forward a final report and rather than take action on those recommendations, council elected to
hold a public hearing this evening to discuss what the CAC had already deliberated on. As a
member of this committee, he felt the process had little value given the time, effort and monies
spent and urged citizens to demand their right to vote and determine Anaheim's electoral
process.
Genevieve Huizar spoke to her experiences as a community activist reflecting on her friendship
with a young girl disturbed by police harassment and demanded change in the way the police
department treated the community's youths.
With no other speakers coming forward, Mayor Tait closed the public comments.
CONSENT CALENDAR: At 6:12 P.M., Council Member Murray removed Item No. 11 from the
consent calendar for further discussion; Mayor Tait declared a potential conflict on Item No. 8 as
his firm had worked this past year for Southern California Edison. Council Member Kring then
moved to waive reading in full of all ordinances and resolutions and to adopt the balanced of
consent calendar as presented, in accordance with reports, certifications and recommendations
Council Minutes June 11, 2013
Page 23 of 42
furnished each city council member and as listed on the consent calendar, seconded by Council
Member Brandman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman,
Eastman, Kring and Murray.) Noes — 0. Motion Carried.
1. Receive and file minutes the Parks and Recreation Commission meetings of March 27,
8105 2013 and April 24, 2013, Sister City Commission meeting of April 22, 2013 and Public
Utilities Board meeting of April 24, 2013.
2. Reappoint eleven individuals to the Anaheim Workforce Investment Board, three
members representing business and eight members representing the public- sector, to a
four -year term ending June 30, 2017 (Todd Ament, Joe Paquette, Kevin Dow, Diane
8105 Donnelly - Toscano, Ned Doffoney, Michael Worley, Rob Claudio, June Kuehn, Robert
Nelson, Buddy Ray and John Woodhead).
3. Award the contract to the lowest responsible bidder, Shawnan, in the amount of
$7,703,918, for the Brookhurst Street Improvements from Katella Avenue to Ball Road
and authorize the Finance Director to execute the Escrow Agreement pertaining to
AGR -7674 contract retentions.
AGR -7675 4. Award and approve master agreements, in substantial form, with six qualified bidders for
AGR -7676 wastewater maintenance, repair, construction and immediate response and authorize
AGR -7677 the Director of Public Works to administer, execute and take the necessary actions to
implement the agreements (David T. Wasden, Inc., MNR Construction, Inc., Paulus
AGR -7678 Engineering, Inc., Tamang Electric, Inc., Vasilj, Inc., and WA Rasic Construction, Inc.).
AGR -7679
AGR -7680 5. Accept the lowest responsive bid of AJ Fistes Corporation, in the amount of $465,678,
for painting services in the Anaheim Resort Maintenance District, for a one year period,
D128 with four one -year optional renewals, and authorize the Purchasing Agent to exercise
the renewal options, in accordance with Bid# 7869.
6. Approve a First Amendment to Agreement with Western Transit Systems, Inc.,
AGR- 4658.1 extending the term of the agreement through December 31, 2013 to operate the Senior
Mobility Program.
AG R- 3077.1
7.
Approve and authorize the City Manager to execute and administer the Workforce
AGR- 7158. A
Investment Act and CalWORKS Vendor Agreements, and any amendments, with
AGR- 5287.
various vendors for occupational skills training (American Career Colleges, Inc., Brem
AGR- 7162A,
Industries, Inc. dba California Career School, Concorde Career College, Inc., E. Cubics,
AGR -7681
LLC dba QBICS Career College, Fortuna Education, LLC dba Career College of
AGR- 7161.A
California, Healthstaff Training Institute, Inc., Kensington College, Inc. dba Bristol
AGR- 71 63.A
University, Larson Training Centers NP, Inc., Medtech Educational Services dba
AGR- 7163.A,
Universal Schools & Colleges of Health & Human Services, and QPE Technical Institute,
AGR- 7160.A
Inc.) .
AGR -7682
8.
Determine that the previously adopted Mitigated Negative Declaration for the Brookhurst
Street Improvements from Katella Avenue to Ball Road serves as the required
environmental documentation for the relocation and reconstruction of equipment at Well
AGR -7696
No. 40 and approve and authorize the Public Utilities General Manager to execute and
take necessary actions to implement and administer the Letter of Consent with Southern
Council Minutes June 11, 2013
Page 24 of 42
California Edison (SCE) to use SCE property in furtherance of the project, and any other
related documents.
Mayor Tait declared a conflict on this item. 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.
9. RESOLUTION NO. 2013 -082 A RESOLUTION OF THE CITY COUNCIL OF
P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
certain interests in real properties (City Deed Nos. 11572, 11573, 11574, 11575, 11576,
11577, 11578, 11579 & 11580).
10. RESOLUTION NO. 2013 -083 A RESOLUTION OF THE CITY COUNCIL OF
8100 THE CITY OF ANAHEIM consenting to the establishment of a portion of Lincoln Avenue
as a County Highway.
12. ORDINANCE NO. 6278 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
C280 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2013 - 00252) (DEV2013- 00143) (2726
West Lincoln Avenue; Rezone to RM- 4- Multiple Family Residential).
D114 13. Approve minutes of the Council meetings of April 30, 2013.
END OF CONSENT:
11. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
8100 THE CITY OF ANAHEIM expressing support for federal campaign finance reform and
urging the 113th Congress to enact reforms relating to the Supreme Court decision in
Citizens United v. the Federal Elections Commission.
Greg Garcia, Deputy City Manager, reported this item was for the consideration of a resolution
expressing support for federal campaign finance reform and urging the 113 Congress to enact
reforms. During the February 15 council meeting, he stated, Council Member Brandman
requested the City Manager's Office research actions taken by other cities calling on Congress
to consider campaign finance reform, specifically in response to the U.S. Supreme Court
Decision in Citizens United vs. the Federal Election Commission.
Providing detail, Mr. Garcia remarked that in 2010, the U.S. Supreme Court ruled on a landmark
case, Citizens United vs. the Federal Elections Commission and in a 5/4 vote, the court ruled
that under the first amendment the government could not ban independent expenditures by
corporations, associations, nonprofit entities and labor organizations. He added the court did
not consider the constitutionality of federal bans on contributions to individual federal political
candidates or political committees with those limits remaining intact. This ruling by the Supreme
Court, he explained lifted previous bans on corporate and labor organization spending in the
form of independent expenses regarding the electoral process allowing for unlimited spending
by these groups to influence candidate selections and policy decisions. He emphasized this
decision was not limited to federal law as there were a number of state and local laws
prohibiting corporate or labor organization independent expenditures that were invalidated
across the nation as a result of this decision. Since the ruling, the Supreme Court's decision
was opposed on several levels; with Mr. Garcia pointing out there had been over 500
Council Minutes June 11, 2013
Page 25 of 42
resolutions opposing this decision passed throughout the country. City governments including
Los Angeles, Santa Monica, San Diego, Oxnard, San Francisco, Oakland and others passed
resolutions opposing this decision and called on congress to either pass a constitutional
amendment or enact some sort of campaign finance reform with several state legislators
passing similar resolutions.
The resolution before council for consideration, Mr. Garcia remarked, expressed support for
campaign finance reform and called on federal representatives to seek reform that would
address many of the concerns raised by the implementation of the Citizens United decision.
Council Member Murray announced she believed the U.S. Supreme Court's decision in the case
of Citizens United was a landmark decision in favor of first amendment rights and she felt it was
the right decision and expanded freedom of speech, political and otherwise and guaranteed by
the Constitution, and she would not support this resolution. Council Member Brandman
disagreed, stating the Citizen's United decision further exacerbated the issues of campaign
finance in this country and he was hoping for a future resolution enacted by the federal
government. He believed the Citizens United decision opened up loopholes within campaign
finance law that caused harm to the system and urged council approval.
Council Member Brandman then moved to adopt THE RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM expressing support for federal campaign finance reform and urging
the 113th Congress to enact reforms relating to the Supreme Court decision in Citizens United
v. the Federal Elections Commission, seconded by Mayor Tait for discussion purposes.
Mayor Tait commented he was concerned about the level of campaign funding by corporations
and unions but was more concerned about limiting political speech, indicating the proposed
resolution called for a constitutional amendment to limit the scope of the First Amendment and
for that reason he would not support adoption of this resolution. Council Member Kring
concurred, remarking a constitutional amendment was a lengthy, expensive and difficult process
and the only way it could be accomplished was for reform to be taken into the courts and end up
in the Supreme Court to overturn the Citizens United decision. For those reasons she was
opposed to the resolution.
Roll Call Vote: Ayes — 1: Council Member Brandman. Noes — 4: (Mayor Tait and Council
Members: Eastman, Kring and Murray.) Motion Failed.
PUBLIC HEARINGS:
14. This is a public hearing to consider a resolution confirming the diagram and assessment
and providing for the levy of the annual assessment in and for the Anaheim Resort
T106 Maintenance District.
RESOLUTION NO. 2013 -084 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM confirming the diagram and assessment and providing for the
levy of the annual assessment in and for the Anaheim Resort Maintenance District.
At 6:22 P.M., Natalie Meeks, Public Works Director, announced this item was for adoption of the
next assessment for the Anaheim Resort Maintenance District (ARMD) to address the debt for
Resort Improvements enacted some time ago.
Council Minutes June 11, 2013
Page 26 of 42
Dan Orwell, Public Works Department reported in July 1999, council approved the formation of
the ARMD based upon a vote to do so by the property owners in the area stating those owners
voted to levy an assessment upon themselves to insure the long -term quality of maintenance,
repair and replacement of resort area public improvements consistent with the operation of an
outstanding destination area. On May 28, 2013, council initiated the FY 2013/14 annual levy
proceedings by accepting the assessment engineer's report and scheduling the public hearing.
That report, Mr. Orwell explained, indicated the levy would generate about $4.4 million which
was deposited in the Resort Maintenance District fund for the operation and maintenance of the
district. He noted the Resort District Advisory Board had reviewed and approved the proposed
budget and council's approval of this resolution would confirm the assessment and provide for
the levy for the district.
Mayor Tait opened the public hearing for comment.
William Fitzgerald, Anaheim Home, remarked this item was not what it appeared to be, and
was a ploy by Disneyland to give them an advantage over other resort area properties in
maintaining Disney property. Mr. Fitzgerald continued in that manner, offering his opinion on
certain council members relative to their relationship with Disney.
As a point of personal privilege, Council Member Murray responded that Willdan Engineering
had nothing to do with the assessment district at this point, had worked for the city in the past
but had not done business with the city while she sat on the Council. She added his
assumptions and statements were baseless and false.
With no other comments offered, Mayor Tait closed the public hearing.
Council Member Kring remarked she had been on the council when the assessment district was
established, and that it was implemented to beautify the resort area whose owners were willing
to assess themselves to maintain that aesthetic. She noted a board of directors oversaw the
district management, levies were collected and funds were then allocated from those revenues
to pay for maintenance and improvements in the resort area. Ms. Meeks indicated the report
was completed by David Taussig & Associates, with details available to the public and the
assessments were predicated on the property frontage.
Council Member Kring then moved to approve RESOLUTION NO. 2013 -084 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM confirming the diagram
and assessment and providing for the levy of the annual assessment in and for the Anaheim
Resort Maintenance District, 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.
15. This is public hearing to discuss and consider the Community Advisory Committee's
Final Report and recommendations, including discussing and considering whether to
place before the voters one or more ballot measures to amend the City Charter to (1)
require that Council members be elected by his or her home districts, (2) increase the
number of City Council members from 4 to 6 and (3) increase the number of City Council
members from 4 to 8, and other matters related to the Final Report's recommendations,
including additional ballot measures proposing amendments to the City Charter.
Council Minutes June 11, 2013
Page 27 of 42
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a Special
Municipal Election on Tuesday June 3, 2014 (or such later date as provided herein) and
ordering the submission of proposed amendments to the City Charter to the electors of
said City at said election (Measure No. _ - Require District Elections for Council
Members).
AND /OR
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a
Special Municipal Election on Tuesday June 3, 2014 (or such later date as provided
herein) and ordering the submission of proposed amendments to the City Charter to the
electors of said City at said election (Measure No. _ - Increase City Council Members
to Six).
AND/OR
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a
Special Municipal Election on Tuesday June 3, 2014 (or such later date as provided
herein) and ordering the submission of proposed amendments to the City Charter to the
electors of said City at said election (Measure No. _ - Increase City Council Members
to Eight).
AND /OR
Motion: Alternative Direction
AND /OR
At the Mayor's request, the following item is included for discussion and consideration:
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM, CALIFORNIA ordering the submission of a proposed
amendment to the City Charter to the electors of said city at the Special Municipal
election to be held in said city on June 3, 2014 (Measure No. _ - Increase City Council
Members to Six; Require District Elections for Council Members; Establish Districting
Commission).
Interim City Manager Marcie Edwards reported the Citizens Advisory Committee on Elections
and Community Involvement, known as CAC, was created by council resolution on August 8,
2012 to allow for a committee of Anaheim residents to publicly study the city's existing electoral
system and to recommend ways to better promote the full participation of all residents in local
elections. This committee and their process began in October 2012 and concluded last month
with transmittal of their final report to Council on May 28
She added as part of the staff presentation this evening, Deputy City Manager Greg Garcia
would review the CAC process, the committee's instructions and the final recommendations.
Additionally, Dr. Peter Morrison was on hand to answer questions regarding Anaheim
demographics, a demographer with extensive background in redistricting and who had provided
the CAC with a presentation on Anaheim's demographic characteristics at their meeting in
January. She noted members of the CAC were also encouraged to attend the hearing and were
prepared to answer questions. The City Attorney, Michael Houston, would then cover the
Council Minutes June 11, 2013
Page 28 of 42
specific resolutions and charter amendments prepared for tonight's hearing as well as provide
council with an overview of the options available for discussion and consideration.
Greg Garcia announced the resolution establishing the CAC had called for the creation of a 10
person committee selected by members of council and outlined the issues council wanted CAC
to review throughout the process. Those issues included the following: potential changes in the
city's election systems, including election by district solely elected by residents of that district;
residency required districts that retained at large elections; continuing with an at large elected
Mayor or resuming Anaheim's historic method of having the Mayor appointed by council; the
number of districts if any; cumulative voting; traditional runoff voting and the date of elections.
They were also encouraged to look at how methods to: 1) improve voter registration, 2) to
identify and involve community groups that could assist the city with promoting elections, and 3)
in local government decision - making. Other considerations were what language assistance
programs would be cost effective to encourage resident participation in city elections and in
local government decision making and other techniques or approaches that should be
considered by council or recommended to groups or agencies with the ability to act to promote
the participation of the racial and ethnic minorities in the electoral process.
With that charge before them, Mr. Garcia stated, the CAC conducted 12 meetings between
October 2012 and May 2013, with all meetings open to the public and held at schools and
community centers throughout Anaheim. Additionally all meetings were video recorded and
available on ACTV -3 and Anaheim.Net for view by the general public. During this process, he
stated, the committee heard from 13 different presentations covering a variety of election -
related topics including electoral design, community outreach, voter registration strategies,
discussion of the California Voting Rights Act and others. He noted the CAC finalized their
report and recommendations in May and transmitted their final report to council at the last
meeting on May 28
Mr. Garcia identified the CAC's final recommendations:
• Place the question of a potential change in the City's election system, particularly the
question of whether Council members should be elected by district or at- large, to a vote of
the citizens of Anaheim.
• Expand the size of City Council to six (6) or eight (8) council members, with the Mayor
serving as one additional member
• Continue to have the Mayor be elected at- large.
• Continue to actively remove barriers to voter registration through the activities of City staff
and create a community outreach committee to encourage voter registration.
• Have a City voting official and the City Clerk to lead the following: working with local
community leaders to promote voter registration and turnout, partnering with schools and
partnering with community groups to assist with identifying local leaders.
• Continue partnering with the Orange County Registrar of Voters to provide election
materials in multiple languages, translate election materials or other items into multiple
languages, translate all City community meetings, translate all City Council meetings, and
explore Spanish language translation on ACTV to encourage resident participation in
elections and in local government decision - making.
• Change the City Council meeting time to 6:30 p.m. to facilitate and promote participation in
the electoral process.
• Increase the number of neighborhood council meetings in the range of six to twelve
meetings annually in order to promote greater participation among the communities.
Council Minutes June 11, 2013
Page 29 of 42
Interim City Attorney Michael Houston, remarked that pursuant to council's direction, three
proposed charter amendments were prepared as well as the Mayor's request for a proposed
amendment to convert to district elections and increase the size of the council to six, and to
create a districting commission. He indicated council could discuss other options including
combining one or more of these proposed amendments and any such amendment would return
on a future date for discussion and consideration.
He then explained the four proposed amendments. Proposal 1 was a resolution and charter
amendment requiring council members be elected from a home district and only by registered
voters of that district. Districts would then be created by city council with district boundaries
being periodically adjusted. This proposed amendment, he added, retained the present number
of city council numbers (four) and retained the Mayoral election at large. It would also require
council to implement a transition until districts were fully implemented. He further added that
potential district maps were not prepared for discussion and it was considered in this
amendment, that a mapping ordinance or resolution would be enacted upon voter approval of
the measure.
Proposal 2 was a resolution and charter amendment to increase the number of city council
members from four to six, adding that all the resolutions and amendments were prepared in
order to be effective at the November election and to be in place on the upcoming June ballot.
He indicated in this proposal, the Mayor would continue to be separately elected. This
amendment provided for a transition to elect the newly created council seats because if seats
were increased, the methodology by which those seats would be filled in an election must be
accommodated. At the November 2014 election, four council seats consisting of two new and
two existing seats would be up for election. Following the election, he pointed out, in order to
maintain the present balance of on and off year voting to maintain equal numbers of members
being up in any given year, he stated lots would be drawn and one council member would serve
a two year term with the other three members serving four year terms. From that point on, he
stated three council members would be elected to four terms and every fourth year after, while
the other three would be elected at the November 2016 election.
Mr. Houston indicated Proposal 3 was a resolution to increase the number of city council
members from four to eight, and would function like the six person amendment. There would
then be four newly created seats and two existing seats on the ballot for November 2014.
Again, lots would be drawn and two council members would serve shorter two -year terms with
the other four members serving four year terms.
Proposal 4 was a resolution and charter amendment to increase the number of council seats
from four to six, change the at large voting system to districts, and establish a districting
commission. Mr. Houston explained this was similar to a combination of Proposals 1 and 2 with
the addition of a districting commission. He pointed out resolutions 1, 2 and 3 shared a number
of common features, i.e., the proposed election date because no specific direction was given to
staff re that date, therefore the next earliest available date of June 3, 2014 was used, the
earliest date under present law to place such options before the voters as charter amendments.
He added it was also worth noting there was pending state legislation, SB311 that if enacted,
would prohibit councils from placing most or potentially all charter amendments on any ballot
other than a statewide general election, which meant if this law were enacted, the council would
be prohibited from placing these types of amendments on a June ballot and would be required
by law to place them on a November ballot. He indicated Resolutions 1, 2 and 3 did take into
Council Minutes June 11, 2013
Page 30 of 42
account a possible change in the law and if enacted, they would then push to the next date
when a legal election could be held.
Mr. Houston continued with his report noting that Proposals 1, 2 and 3 contained fairly common
language for ballot measures relating to conflicting and complementary ballot measures pointing
out if two conflicting ballot measures were approved by a majority vote, then the measure
receiving the highest affirmative vote prevailed. He remarked the amendment converting to
districts (Proposal 1) was made to be complementary with the measure that increased
councilmember seats (Proposals 2 or 3). In addition, the proposed charter provisions were also
written to serve a dual purpose measure which combined options. For example, Proposal 1
amendment converting to districts was made to be complementary with measures that
increased councilmember seats (either Proposal 2 or 3). In the same way the amendments
were drafted to state that a dual purpose measure that combined options was intended to be
conflicting, they could be changed per council's direction, although staff believed it was the most
effective way to handle conflicting amendments. Proposals 2 or 3 were written to be mutually
conflicting with each other such that if one was enacted, the one receiving the highest number
of votes would prevail. He added it was possible if multiple options were put on the ballot,
multiple proposals could receive an affirmative vote that adopted them.
Mr. Houston then offered further insight into the amendment process. He pointed out the
proposed amendments only addressed specific matters requested by council and all of those
would require some additional conforming amendments to be made. In addition there were
several charter sections which may warrant consideration as policy matters, not as matters of
necessity and could be considered by council or addressed by the charter review process that
was underway. He added that the proposed resolutions did instruct and authorize staff to
review the city charter and bring back further proposed conforming amendments. Examples
presented were sections of the charter that required three, or four affirmative votes, which must
be addressed should the number of council seats be increased. Term limits or whether council
members were required to have special responsibilities with respect to districts were examples
of policy considerations. He stated there were also further legislative actions that were required
and additional resolutions would then be presented to council at an appropriate time to
consolidate the election and to prepare relatively simply resolutions relating to the setting of
priorities for filing of written and rebuttal arguments. He added if council wished to hold further
hearings on this matter discussed tonight, they may direct staff to place further hearings on an
upcoming agenda.
Lastly, he provided specific options that council could consider: 1) a request for further
hearings by instructing staff to schedule further hearings to consider these amendments, 2)
other potential amendments or options including hybrids or combination measures, 3) a request
for further data and information to assist the public and council in making a decision, 4) taking
action on one or more of the attached resolutions, understanding staff would return at a later
date with revised charter amendment language to incorporate additional conforming changes.,
5) request staff to create one ballot measure that incorporated districts and increased the size of
council seats, or 6) provide staff with other direction.
Council Member Murray confirmed with the Mayor that during a public hearing council had the
ability to ask questions of speakers as they came forward. She added as a courtesy, she
thought it would be valuable if the community could hear from members of the CAC first.
Discussion was held regarding this request with Mayor Tait remarking he would take comments
from the CAC committee, followed by those who filled out speaker cards and then open the
Council Minutes June 11, 2013
Page 31 of 42
hearing up to any other speakers wishing to comment. Council Member Murray inquired if
there were any additional staff reports for the record, with Mr. Garcia responding the staff report
was concluded, however, Dr. Peter Morrison, was available for questions.
Mayor Tait asked the audience to refrain from interrupting speakers with applause or comments
and opened the public hearing for comments.
Vivian Pham, CAC Chair, stated at the council's request, CAC members had been appointed
and entrusted to make informed recommendations regarding elections. She indicated although
the committee was split on certain decisions, they unanimously decided to let the people of
Anaheim vote on a charter amendment to increase the number of council seats from four to six
or eight and determine whether these seats were to be elected by district or remain at large.
She remarked that during the past seven months there had been countless expert testimony
and most if not all recommended that at the very least, the number of council seats should
increase for a city of Anaheim's size. During public comments throughout the CAC meetings,
Ms. Pham reported over 35 spoke in favor of district elections and 8 spoke in opposition, very
few members of the public spoke in favor of a hybrid system, adding this was not discussed
among committee members until the last two meetings. She added she worked in the city of
Santa Ana and was involved with the local communities, emphasizing their hybrid system of
wards did not work and was not representative of the actual community. She urged council to
accept the findings of CAC and take action to go forward with the recommendations.
Council Member Murray remarked she had watched the videos, looked at the expert testimony
received and had some questions as to how the committee reached the decision to increase
council seats to six or eight. Specifically, she asked what set of facts were used and did the
committee look at what the impacts to neighborhoods and communities would be as the city
was divided into additional numbers of districts. Ms. Pham responded that based on testimony
and looking at the distribution of cities similar to Anaheim's population, the numbers of people
represented by each council member was the determining factor. Currently, each council
member in Anaheim represented over 65,000 people and if councilmember seats increased to
eight, that number would drop to 20,000. Council Member Murray emphasized that so many
residents had expressed concern that there be access for communities of all ethnic
backgrounds but in particular the Latino population of the city. She asked if any analysis was
performed by the committee or any dialogue occurred about what a four district proposal offered
in terms of access to various communities within the city, as well as six districts and then eight.
Specifically she wondered if Dr. Morrison had provided an analysis or if any proposed maps
were considered. Ms. Pham remarked that was not fully discussed nor analyzed and the
discussion was general and broad. Council Member Murray indicated she was asking that
question to understand whether access by the public would be enhanced or diminished and
would it matter to the committee members if increased number of council seats actually reduced
the level of potential voter registration within those districts to provide increased Latino
representation to help elect candidates they considered their primary candidate. She added
these were questions she was hoping the committee would have considered so that when
council deliberated on the alternatives, the decisions made improved rather than diminished
opportunities. Ms. Pham agreed stating she would also factor in socioeconomic factors as well.
Ms. Murray then asked if Ms. Pham felt there was some value in researching demographic data
to find out if eight council seats improved or diminished Latino representation in the city with Ms.
Pham concurring as long as it did not delay the ballot measure.
Council Minutes June 11, 2013
Page 32 of 42
Council Member Kring emphasized that the current council represented the city as a whole
since they were elected at large. Her concern was that with single districts, the public would
have access to one council member rather than five, while the at large system offered the public
access at any time to all five members of council. Ms. Pham disagreed stating districts would
help serve as the voice of the community because a council member living within that
community understood the dynamics of its issues.
Sandy Day, CAC member, reported that throughout the CAC process, there were highly
organized unions such as Unite Here and politically active organizations such as OCCORD that
lobbied hard during the process for single member districts, pointing out the Chair had a special
involvement with OCCORD. Single member districts would mean the city would be carved into
districts and residents would have one council member accountable to them and potentially
several others they did not vote for representing them. She had been willing to compromise on
an at large district system which allowed council members who resided in different areas of the
city to represent the city as a whole and she believed the February 18 meeting was building a
consensus for the at large district option which changed by the April 18 meeting because other
members were motivated by potential impacts of the lawsuit. She added in her opinion, she
believed it was important to have all council members accountable to the residents.
Vic Real, CAC member, stated the learning and debate process as members discussed their
points of view resulted in a recommendation for council. He indicated from his experience as a
west Anaheim neighborhood council member, the only way to reach the public was by getting
them to vote. He believed establishing a plan to reach and educate the community and hosting
additional neighborhood meetings, perhaps as many as one per month and especially during
election time, would encourage the public to vote for what they want.
Council Member Murray had questions for the speaker, however, Mayor Tait, in the interests of
time, believed the questions should wait until the CAC members concluded their comments.
Ms. Murray disagreed and following discussion, the city attorney opined that while council was
afforded the right to ask questions during public comments, if the chair desired to move the
meeting in a different direction, the chair could do so. The decision was made to allow CAC
members to speak with questions to follow.
Martin Lopez, CAC member, reported that CAC had the opportunity to listen to public input,
hear expert testimony and voted in favor of district councils. He noted five voted in favor of
remaining with the at large electoral system and five voted for districts with either six or eight
council seats. All voted, however on increasing the size of the city council. He urged council to
approve district elections, increase the size of council seats and allow for representation for all
in the city.
Gloria Ma'ae announced she had taken her role as CAC member seriously and saw the same
type of tactics used there that were used during contentious council meetings, people coming
forward with scripted material and OCCORD pushing specifically for eight districts and she felt
the process had been manipulated. She recommended not rushing to make a decision for a
special election and to work in conjunction with the charter review committee to enact
amendments at one time. From her standing, the hybrid system would allow districts, and
candidates from within those districts would be elected at large. She also believed the single
member districts would continue to divide the city further.
Council Minutes June 11, 2013
Page 33 of 42
Amanda Edinger announced as a member of the CAC, she strongly opposed single member
council districts as it would only further alienate residents in a city that was already divided. It
would limit the choices of Anaheim voters, and would reduce council's accountability to those
voters. During this process, she reported, half of the committee members attempted to present
a recommendation to continue to elect council at large while requiring members to live in a
residence based district and she supported this option because she preferred an at large
system. She also felt it was an option residents could live with and presented a compromise
between the current system and single member districts, adding that it was rejected by those
members who wanted a single member district only. She mentioned that during the process,
those that supported at large elections were subjected to personal attacks by those with
opposing viewpoints by some individuals who did not reside in the city and had no vested
interest in the outcome. She emphasized public service should not be restricted to only those
persons who shared one view.
Anthony Armas, CAC member, stated he was in favor of the hybrid system and had problems
with the single district system after reviewing the results in other cities. He believed the single
district system would exacerbate an already divisive city and gave voters less options. He
regretted that the recommendations came down to two options and thought the hybrid version
should be further explored.
Larry Larsen, CAC member, remarked the lawsuit against the city would not go away; special
interests were rife within the committee; and, he added, he was independent and answered to
no group since he had been appointed to the committee by a council person now off the council
He stressed that it was now time to get this done.
Those members of the public who filled out speaker cards now had an opportunity to comment.
Council Member Murray remarked the mayor was limiting council's time to debate and the
opportunity to have a dialogue with members of the CAC. Mayor Tait responded questions
could be asked when everyone had a chance to comment.
William Fitzgerald, Anaheim Home, offered his opinion on a member of city staff, members of
the city council, and members of the CAC, making certain allegations relating to conflict of
interest, racial bias, ties to special interest and proposed capital projects.
Council Member Kring was offended by Mr. Fitzgerald's comments, stating he did not speak to
the issue and his comments were unconscionable asking for the City Attorney to opine. The
City Attorney responded, the public hearing requirement was fairly broad and the better course
was to move on and while many of the comments made were brought up outside the bounds of
being germane to this specific topic, by and large the comments had been germane.
As a point of personal privilege, Mayor Pro Tern Eastman asked to set the record straight. She
stated SOAR was a volunteer committee, she had never received payment from Disney and
that she joined the group because she agreed with what they were doing which was to support
the Anaheim Resort District.
Council Member Murray, as a point of personal privilege, stated that freedom of speech did not
come with a requirement for honesty or a need to be polite and she believed Mr. Fitzgerald's
comments and intimidation were unnecessary. She added she did not take benefits from
Disney and her firm had not worked with Disney
Council Minutes June 11, 2013
Page 34 of 42
Ron Bengochea, resident, stated he had attended most of the CAC meetings and agreed with
their recommendations to place the issue of single member districts on the ballot as well as
increasing the number of council seats and allow the voters of Anaheim to have their voices
heard. Personally he did not want to see Anaheim segregated into different cultures or
ethnicities and it had been his experience that with 8 -10 council members there had been too
much dissension on the dais, limiting their functionality He felt that what was placed on the
ballot should be simple and easy to understand as too many issues caused confusion and that
council seats be limited to no more than six members plus the mayor.
Joanne Sosa urged council to let the people vote on this issue and warned of a non - violent
revolution to bring about change.
America Bracho, resident/Latino Health Access, opposed the hybrid electoral system stating it
did not work in Santa Ana and would not work here. She added there was something very
wrong about the way resources were allocated in Anaheim, and that district representation
increased influence and increased budget allocation and accountability. She urged council to
place single district system on the ballot and allow the residents to choose.
Duane Roberts, resident, supported expanding the size of council seats to nine, with the mayor
elected at large, supported district elections and changing council meetings times to 6:30 pm.
He opposed the Santa Ana system of elections proposed as a substitute for district elections,
remarking it was flawed and no alternative to the at large system indicating the Santa Ana
model would still allow big business interests and wealthy individuals to dominate campaigns
and candidates would be forced raise significant amounts of money from special interests to pay
for campaign costs. Additionally, he noted, the Santa Ana model would not lead to genuine
representation to various parts of the city because voters in other areas such as Anaheim Hills
could elect candidates of their choice that did not care about the needs of other areas of the
city. Lastly, he commented, the idea that residents had choices when a small number of voters
elected the current council was the reason there was so much anger; the current council did not
represent a majority of the people of this city.
Todd Ament, speaking on behalf of the Chamber of Commerce, remarked at large elections
insured every Anaheim voter had a voice in who governed this city and it obliged the mayor and
council members to view policies in terms of how they affected the city as a whole, rather than
elevating the interests of one section over another and made their actions accountable to every
voter. A better solution, he remarked, was for an at large election for residency based districts,
made up of six districts with the mayor voted at large. This type of system, he stated, would
insure candidates came from every part of the city and balance the particular interests of
neighborhoods with the need to govern in the best interests of the entire city. He pointed out
that at the final meeting of the CAC, it was apparent that half the committee members wanted to
recommend such a hybrid system as an option, adding that working in conjunction with the
charter review committee could avoid duplication and ballot confusion and council may wish to
consider postponing a vote on the CAC's recommendations until the charter review committee
completed its work.
Jeff, resident/Honda Center employee, remarked he was here on his own behalf fighting for
representation and had not been encouraged by the union to participate. Having sought
council's help with the Honda Center labor contract and receiving none, he supported district
elections and expanding council seats to eight as that would afford him the best opportunity for
representation.
Council Minutes June 11, 2013
Page 35 of 42
Tina Quintana, resident, attended the CAC meetings stating she was speaking on her own
behalf and not because of the union's urging. She urged council to put the issue of districting to
the vote of the people and increase the size of council seats to eight.
Maria Riviera, Translated; Language: Spanish. As a Guinida neighborhood leader, she urged
council to respect the decisions of the CAC and listen to the community's need for better
representation. She objected to the use of speaker cards, as it prevented speakers from
commenting at a time they desired.
Marissa Ramirez, resident, remarked that no one knew better than her, the lack of
representation she faced. Council candidates had not walked her neighborhoods, had not
asked residents about issues and as a result she and her family felt disenfranchised. She was
offended that an earlier comment said speakers were tied to OCCORD, emphasizing she spoke
on her own, had not been given a script although OCCORD was an organization that she
believed represented her interests better than the city council.
Ricardo Toro, resident, remarked that the events of last summer made him get involved in more
issues and he started attending meetings. He came to the conclusion that something major was
occurring which divided the city, adding that he could understand how residents were angry and
wanted their voices heard when militarized police forces patrolled their neighborhoods and a
number of young people were being intimidated and shot by the police. Mr. Toro stated with the
current electoral system a significant section of the community was shut out of the process and
that council districts was the best solution for these problems.
An unidentified elementary school teacher remarked that when she voted for three of the current
council members, she had hoped they would listen to the community, but now felt they no
longer represented her. She was a neighbor of Mayor Pro Tern Eastman, stating she had never
interacted with her and had seen no council members visiting her on Lemon Street. She urged
district voting because role models were important, and in her 18 years in Anaheim, there were
few Latinos in local government, pointing out at Paul Revere School, there were only five
Latinos out of 30+ teachers.
As a point of personal privilege, Mayor Pro Tern remarked she had walked Lemon Street during
her candidacy and left information for residents and strongly supported Shop Anaheim. In
addition she had participated in programs at elementary schools and served as principal for a
day at one of them and believed in good role models for children.
An unidentified male spoke in support of district elections as it would offer true representation to
communities.
Jose Moreno, resident, stated he filed a lawsuit against the city because of his experiences in
Anaheim as a school board member, visiting schools and neighborhoods and talking to council
about what was happening in those neighborhoods with no results. Emails were sent to council
asking for a dialogue before the lawsuit would be filed with no responses. With regard to the
CAC, he remarked the people deserved a decision tonight and he hoped council would honor
what the committee they appointed recommended and to not delay the process any longer. He
added he was not a special interest, this was not an ACLU lawsuit, and it was a lawsuit of three
residents of Anaheim because the existing electoral system did not allow all voices to be heard.
He also supported eight districts because it came closer to neighborhoods.
Council Minutes June 11, 2013
Page 36 of 42
An unidentified female shared her perspective on the community and life in general. As an
educator she was conscious of the need for compassion and understanding and generating
responsible leaders no matter the cultural background, adding there could be diversity in unity.
Cynthia Ward, resident, thanked the CAC for their service. She was embarrassed by the
abusive remarks of Mr. Fitzgerald, asking the audience to consider the loss of credibility for
arguments when people were not civil to each other and she addressed a conflict of interest
comment related to the SOAR volunteer advisory board and the SOAR political action
committee. Regarding the Santa Ana electoral system, she stated there had been unintended
consequences when a conservative area of the city ended up being represented by a liberal
democrat because the rest of the city imposed their will on those candidates and she did not
want that to occur in her neighborhood. She spoke to the history of Anaheim remarking cities
evolved and moved forward and it was time for a change in the electoral system that no longer
suited Anaheim. She urged council to put this matter to the vote of the people.
With no other comments offered, Mayor Tait closed the public hearing.
Council Member Murray remarked there had not been an opportunity to engage back and forth
with questions until now and she had hoped to be able to engage in conversations with those
who spoke to this issue. She asked Dr. Morrison to provide a summary explanation of his
expertise and how he might help the city move forward with any of the election models before
council this evening.
Dr. Morrison responded his work entailed assembling statistics from the 2010 census and other
official data sources that would allow looking at alternative plans including remaining at large. It
also entailed determining what kinds of concentrations of what particular groups could be
achieved in different parts of the city by drawing boundaries around concentrations of Latinos,
Asians and other groups in the population and also to draw boundaries that would correspond
with communities of interest (homeowners versus renters, elderly vs. families with children, etc.)
in order to have a say in the status quo or seeking some degree of change. All of these, he
stated, could be on the table with many different interests and dimensions that could be
balanced in ways to achieve the kinds of outcomes council would want going forward.
With an at large system, he pointed out; it was a system in which one could get elected by
coming in second. With district elections, you must come in first so there is a dilemma between
candidates putting together different combinations of constituents who may consist of different
ethnic or racial groups in the population or people with different views on the status quo. In this
district system, there would be some movement away from the desire to unify everything and a
reinforcement of a direction that distinguished or divided within the community. This was a
matter of how the community was and how it was evolving. From a demographic standpoint,
Dr. Morrison stated it was unquestionably the case that Latinos would constitute a gradually
increasing share of eligible voters with each passing year and for the future, Latinos would have
the potential to exercise increased power under any kind of system including the at large
system.
Council Member Murray asked if at any point was there preparation or discussion or questions
about the makeup or impact to the communities across the city under the various models. Dr.
Morrison replied questions were asked about going to districts versus remaining at large, but
there were no questions as to exactly how many districts or council seats should be considered,
questions he indicated that had answers. Ms. Murray inquired if Dr. Morrison was aware of the
Council Minutes June 11, 2013
Page 37 of 42
precinct data available on the city's website with Dr. Morrison indicating he had consulted that
data and conducted preliminary evaluations of it although no questions had been posed to him
relative to that information. No matter what action was taken this evening, Council Member
Murray stated there would have to be a public hearing associated with putting any option on a
future ballot as the next step. She then asked staff that Dr. Morrison provide a full presentation
on what those district maps might look like and what those impacts to the communities would be
citywide, including demographic and socioeconomic, as council considered increasing the size
of councilmember seats. She inquired if there was any information on those issues at this time.
Dr. Morrison responded he had given some thought to this although had performed no analyses
but had a strong feeling he was correct in making the following statements. Considering the
increase from four seats to a maximum of eight with one at large seat, if there were four
geographic districts in the city, it would be possible to form two of the four districts as strong
Hispanic influence districts, i.e., districts in which Hispanics would be in the range of 45 percent
or possibly higher of eligible voters entitled to register to vote. That would mean, he explained in
two of the four districts, any candidate could not afford to pay close attention to the desires of
Hispanic voters. It would be possible in that kind of a four district plan, he added, to have one
weak Asian influence district, one in which Asians would be more concentrated in that district
than they were elsewhere. Council Member Murray confirmed that in a four district model, there
was a potential to have two legitimate chances because eligible voters within that district had
the potential of electing their preferred candidate in those seats and if they were successful,
would have a 50 percent proportional representation on the council, with Dr. Morrison
concurring. Dr. Morrison added those two districts would have a strong voice in determining
candidates and going forward two to six years, the voting strength in those two districts would
inevitably increase because of changes in the demography.
With a six district model, Dr. Morrison pointed out there could probably be one majority Hispanic
district, meaning if Hispanic's registered and turned out at the rate of everyone else, they would
determine the winning candidate in one of the six districts and there would be two other districts
that would be Spanish influence districts but would not determine the winner. This would mean
there would be a total of three districts in which the candidates should pay attention to Hispanic
voters and there would also be one Asian influenced district. For an eight district plan, Anaheim
would most likely have two majority Hispanic districts, one strong Hispanic influence district, a
strong Asian influence district and four other districts, characterized as rainbow districts with a
combination of different groups with non - Hispanic whites probably making up the largest of all
groups. In that model, Dr. Morrison reported, any candidate in that district must appeal to at
least two and possibly more groups in the population. That was not the sole configuration, he
said, but was representative of what could be done, adding by increasing to a larger number of
districts, there was a more focused emphasis on the possibilities of districting systems to
empower one or another group, giving them control over who gets elected but at the same time,
sharing 1/8 of the political power rather than 1/4. Council Member Murray thanked Dr. Morrison
for the information, asking for a more thorough analysis and have the data easily summarized
for both residents and council to see exactly how that would break down.
Questioning Dr. Moreno, Council Member Murray asked that he share his priority as the lead
plaintiff in the lawsuit, and the outcome he hoped to achieve from the litigation. Dr. Moreno
responded the three plaintiffs' preferred outcome was to have district elections so that neighbors
could elect neighbors and there was direct accountability and most importantly, under the
California Voting Rights Act (CVRA) civil rights were protected. His goal in being part of the
lawsuit was to make sure every voice had the opportunity to be equally weighted and that there
were districts in which neighbors could hold one another accountable and be able to elect
Council Minutes June 11, 2013
Page 38 of 42
candidates of their choice. He added it was not about electing Latinos, it was about the dilution
of the Latino electoral process. Council Member Murray then inquired if Dr. Moreno would
agree that every individual had the right to elect their preferred candidate even if it was from
their own ethnic makeup. Mr. Moreno referred the City Attorney after discussion of the
appropriateness of answering such questions given the litigation and that other members of
council did not engage in a conversation because of that lawsuit, with the City Attorney
remarking, as a legislative body, council had the ability to ask questions and he would not be
advising on the propriety of those questions. Dr. Moreno then responded in the affirmative
remarking the nation's form of government was based on that system with state boundaries,
and congressional, senate, and assembly districts and because government should be as close
to the people as possible in an electoral process. Dr. Moreno remarked that the CVRA was
based on racially polarized voting asking if the demographer had or could research that data.
Council Member Murray thought that should be part of the discussion as well requesting that
information be brought back for further discussion when districting maps were being considered.
Mr. Houston commented that should be internally discussed before a commitment was made.
Council Member Murray inquired why Dr. Moreno had not made this challenge at the school
board level, given that he was a trustee of the Anaheim School District, rather than approach it
on the city level. Dr. Moreno indicated the idea of district elections at the AUHSD was broached
and staff had been asked to look at district voting patterns to see if there was a group that had
been systematically excluded. If the data suggested there was a disenfranchised group
protected under the law, then the school district must act. He added the school district was
beginning its own process and not waiting for a lawsuit.
Prior to moving onto council testimony, Mr. Houston remarked that earlier a question came up
with respect to the discussion of racially polarized voting that was specifically not something
researched by the CAC because it was a component of a lawsuit against the city. While formal
advice could be provided on an attorney /client basis, his recommendation was that it not be a
part of the discussion at this time.
Mayor Tait noted this issue was introduced when citizens approached council and requested the
way in which council members were elected be changed as they were concerned Anaheim was
in violation of the CVRA and ended up filing a lawsuit against the city a year ago. Last August,
Mayor Tait proposed district elections be placed before the voters with the majority council
rejecting that proposal and determining a citizens advisory commission be established to
research those changes. The committee met, submitting their recommendations, with the
knowledge a judge asked the city to take action on that litigation by July 9 th and if no action was
taken, the litigation would continue and go to trial. He believed now was the time for council to
take action, asking the question of whether there should single member districts. He noted the
CAC did recommend expanding the council seats to either six or eight, emphasizing the voters
should make that determination as well by asking the question should there be six
councilmember seats or should there be eight.
Mayor Tait then moved to place before the voters ballot measures to amend the City Charter to
(1) require that Council members be elected by his or her home districts, (2) increase the
number of City Council members from 4 to 6 and (3) increase the number of City Council
members from 4 to 8 with no public hearings with the motion seconded by Council Member
Brandman.
Council Minutes June 11, 2013
Page 39 of 42
Mr. Houston and Mayor Tait discussed the requirement as to whether additional public hearings
were required with Mayor Tait stating since this was a charter amendment, not the adoption of
the charter, no additional hearings were required, as suggested by Council Member Murray.
Council Member Murray requested the city attorney address this issue with Mr. Houston
responding council had recently authorized a comprehensive charter review process which
could result in extensive charter amendments to be proposed for voter consideration. It could
include consideration of additional changes to the city's electoral system and because those
changes could be extensive and there was sufficient time to do so, his recommendation to staff
was that the comprehensive charter review process proceed with a noticed public hearing
consistent with the notice and hearing requirements related to proposals to adopt the charter,
adding that council could accept or decline that advice.
Council Member Murray read a letter from Keith Olesen, a member of the CAC who was unable
to attend this meeting and felt strongly that a single member district was not the proposal he
could support, summarizing his position that the problem was not representation, it was
participation. He added a great deal of public input addressed the important issues of high
density older residential housing, code enforcement problems, housing quality standards and
police issues primarily related to gang activity and not to an electoral process.
Council Member Murray thanked the CAC for their involvement in studying the data and
providing recommendations to council on a subject that had significant importance to the
community. She indicated that every member of the CAC stated the committee had value and if
taken before the voters, there was also value in educating residents about the complexities of
the issues. She added the CAC chair had mentioned there was time to research map
boundaries and impacts of those boundaries as long as it did not impact moving forward with
the next step. What concerned her as she watched tapes of the meetings was the fact there
was no clear set of facts deliberated on what four, six or eight council members would mean to
the communities in terms of offering greater access. She was also confused as to how those
recommendations were reached and that without further study, making a decision could limit
rather than expand representation for residents. She added council and the CAC heard from
only a fraction of residents and she believed that while sending this to the voters was a good
solution, the ballot measures as drafted offered residents a choice, but not broader options that
may reflect the community as a whole. She would not support the motion made and if there
was a chance, she would like to make an alternative motion that would be true to the CAC
recommendations and allow voters the broadest choice of options.
Council Member Kring announced there were 23 speakers offering comments on the districting
issue, 16 in support for single districts and seven in opposition. In addition there were 25 emails
against single districts and others who were fearful of making their comments known in public.
She then read a letter from Don Wagner, assemblyman for the 68 district remarking that
district voting rather than the at large system could divide rather than unite a community, citing
his experiences in local government. He urged council to reject district elections. Council
Member Kring emphasized with district council members, a consensus would be difficult to
reach to move projects forward. She then highlighted proposed budget enhancements for the
next fiscal year which would put millions of dollars back into neighborhoods. Ms. Kring also
stated she had lived in the south part of the city for 24 years, and had walked every precinct
many times. She understood the city's problems, remarking council was working on solving
those issues, and she did not believe a district voting system would help.
Council Minutes June 11, 2013
Page 40 of 42
Mayor Pro Tern Eastman noted the CAC's vote on recommendations was split which indicated
there was a need for people to decide and she believed additional research and analysis was
needed and she was not ready to place this issue on the ballot yet.
Council Member Brandman stressed that his position on this issue had been clear; he was in
favor of single member districts. He also concurred that the citizens advisory committee was
necessary to fully deliberate on the issues and urged they be put on the ballot for June 2014 to
be applicable for the November 2014 election. He added he was philosophically in line with the
recommendations of the CAC and was ready to vote to place the measures on the ballot.
Mayor Tait pointed out the committee had disagreed as was expected, but all had consented to
put the issue before the vote of the people. He stressed these were charter changes and it did
not matter what the council's opinion was, charter amendments could only come about with a
vote of the electorate. Council Member Brandman called for the question. Council Member
Kring pointed out the committee was unanimous in placing the issue on the ballot, but was split
on the size of the council seats. She asked staff to clarify with Mr. Garcia responding six CAC
members supported six council seats, four supported eight seats and one abstained. Council
Member Murray supported a call for the question. Mr. Houston stated if council was deliberating
but no one was objecting and Council Member Brandman called for the question, it was a
procedural matter and it would be time to vote. As two called for a vote, it would require a 2/3
vote to otherwise continue deliberating. Mayor Tait and Mr. Houston discussed whether the law
required two public hearings to consider a charter amendment and with Mr. Houston stating this
specific charter amendment, as proposed by Mayor Tait, did not constitute a proposal to adopt a
charter and would not require two public hearings.
The motion put forth by Mayor Tait and seconded by Council Member Brandman was to place
before the voters ballot measures to amend the City Charter to (1) require that Council
members be elected by his or her home districts, (2) increase the number of City Council
members from 4 to 6 and (3) increase the number of City Council members from 4 to 8. Roll
Call Vote: Ayes — 2: (Mayor Tait and Council Member Brandman). Noes — 3; (Council
Members Eastman and Council Members Kring and Murray.) Motion Failed.
Council Member Murray moved to do the following: 1) to place on the July 2 agenda an
ordinance creating resident based districts 2) to place before the voters a ballot measure on the
June 2014 Election to amend the City Charter to have: i) Council members elected by resident
based districts ii) increase the number of City Council member to 6 and an at -large Mayor,
seconded by Council Member Kring. AYES — 4: (Mayor Pro Tern Eastman and Council
Members: Brandman, Kring and Murray.) Noes — 1: Mayor Tait. Motion Carried.
For clarification purposes, Mr. Houston reiterated that staff was instructed to return to the City
Council for consideration and action at the July 2 nd meeting, the following three items: an
ordinance establishing residency districts for council members with elections to occur at large,
2) a proposed charter amendment for consideration by the voters at the June 3, 2014 statewide
primary election to establish residency districts for council members with elections to occur at
large, 3) proposed charter amendment along the same date lines June 3, 2014 or later date if
required by law increasing the city council to 6 members and a mayor elected at large.
Council Member Murray stated the CAC recommended unanimously to put a question before
the voters but were not unanimous on a specific election model and this option provided
residents with the broadest level of representation going forward and allowed the option to
Council Minutes June 11, 2013
Page 41 of 42
increase to six which increased everyone's access to a successful election. Mayor Tait
responded this amendment was not what the CAC recommended. Council Member Kring
responded it was an option that 5 or 6 members wanted to bring forward to the CAC but were
not given the options to bring it to a vote. Mayor Tait indicated it was a completely different
proposal and he did not feel it addressed the issue of the lawsuit. Council Member Murray
remarked that the CAC recommendation was a multiple choice question and was not a legal
option. She felt this was a legal model that gives the option to establish districts by residency
and was a good first step.
Mr. Houston raised the question whether public hearings were part of this process requested by
Council Member Murray with Council Member Murray requesting the normal protocol be
followed although she did feel the hearings were warranted and valuable.
Report on Closed Session Actions: None
Council Communications:
Mayor Pro Tern Eastman spoke of the community gardens in the east and west and the new
community garden in the Downtown area (Santa Ana /Olive) inviting interested persons to meet
on Saturday mornings, 9:00 a.m. She also announced the OCTA Rapid Bus (Fullerton Station
to McArthur, a pilot program which would enable those using buses to get to worker quicker and
more efficiently.
Council Member Kring congratulated Council Member Murray for the nomination for
Businesswoman of the Year by Orange County Business Journal. She spoke of her attendance
at the Cops 4 Kids event and announced the 4 th July Pancake Breakfast and Parade.
Council Member Murray acknowledged and thanked staff for their work on the proposed FY
2013/14 budget and highlighted proposed services with specifics on the renewed investment in
city services that would help to improve quality of life to all residents. She detailed the $8.7
million investment identified for additional budget enhancements, remarking that millions were
being put back into the neighborhoods. She further requested the specifics of budget be
available to the public through the City's resources, such as Facebook, press releases, etc. She
also announced the upcoming Job Fair on June 19 a free event for employers and potential
employees.
Council Member Brandman spoke of his attendance at the Flag Day celebration with other
members of the council. He also announced the upcoming 7 th Annual Health Fair scheduled for
June 30 at Magnolia High School, offering free health services to attendees.
Mayor Tait announced June 14 is the 236 birthday of our flag and the United States Army. He
wished all fathers a very Happy Father's Day.
Mayor Tait looked forward to the Health Fair and Job Fair, two events that helped those in need.
He asked residents to fly the U.S. flat on June 14 as a patriotic gesture and mentioned June
15 was Father's Day recognizing his father as a role model.
Council Minutes June 11, 2013
Page 42 of 42
Adjournment: At 10:34 P.M., with no other business to conduct the June 11, 2013 meeting
was adjourned to 2:00 P.M. for the continued FY 2013/14 budget public hearing.
R spe fully Omitted,
Linda N. Andal, CIVIC
City Clerk