2014/09/09 a
ANAHEIM CITY COUNCIL
REGULAR MEETING OF SEPTEMBER 9, 2014
The regular meeting of September 9, 2014 was called to order by Mayor Tait at 3:07 P.M. in the
chambers of Anaheim City Hall located at 200 S. Anaheim Boulevard. The meeting notice,
agenda and related materials were duly posted on September 5, 2014.
PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Gail Eastman, Lucille
Kring and Kris Murray.
STAFF PRESENT: Interim City Manager Paul Emery, City Attorney Michael Houston and City
Clerk Linda Andal.
ADDITIONS /DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS:
Pursuant to Government Code Section 54954.5 (c), Michael Houston, City Attorney, reported
Closed Session Item No. 1 related to facts and transactional occurrences involving an
employee /employer dispute that might result in litigation against the City.
At 3:08 P.M., Mayor Tait recessed the council meeting to consider the following closed session
agenda.
CLOSED SESSION:
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
the California Government Code Section 54956.9: One potential case.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Names of Related Cases: Marilynn Pike et al. v. City of Anaheim, et al., USDC Case
No. 8:12 -cv- 00838 - JVS -AN; Sandy Taylor et al. v. City of Anaheim, et al., USDC Case
No. 8:14 -cv- 00033 - JVS -AN .
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Section 54957 of the California Government Code)
Position: City Manager, City Attorney, City Clerk and City Treasurer
4. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representative: Chris Chase
Position: City Manager, City Attorney, City Clerk and City Treasurer
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Subdivision 54956.8 of the California Government Code)
Property: 2000 East Gene Autry Way, Anaheim, CA (Angels Stadium of Anaheim)
Agency Negotiator: Tom Morton
Negotiating Parties: Angels Baseball, LP, Pacific Coast Investors, LLC, City of
Anaheim
Under Negotiation: Price and Terms of Payment Regarding Lease
City Council Minutes of September 9, 2014
Page 2 of 14
At 5:13 P.M., the City Council returned from closed session and the meeting reconvened.
INVOCATION: Ron Oakley, The Rock Church in Anaheim
FLAG SALUTE: Council Member Jordan Brandman
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Proclaiming September 2014 as Childhood Obesity Awareness Month
John Gustaferro thanked the city for bringing awareness to childhood obesity, adding that the
Anaheim YMCA was working on a partnership with the city, the business community and other
agencies to encourage healthy eating and activity as a daily part of life in acknowledgement that
obesity was a relevant issue that put kids at risk for a number of health problems.
Proclaiming September 7 -13, 2014, as International Hotel Housekeepers
Week
Mindy Able, Visitors & Convention Bureau, spoke to the service hotel housekeepers offered in
making Anaheim a successful hospitality venue, in which every visitor and guest were ensured
a great experience thanks to their efforts.
Proclaiming September 2014 as National Preparedness Month
Battalion Fire Chief Alan Long encouraged the community to become informed about the types
of emergencies or disasters that could occur at work or at home and to identify credible sources
of information before the emergency happened along with building an emergency kit to have
necessary resources on hand for at least three days. He discussed the importance of the Map
Your Neighborhood Program in which residents identified specific needs in their neighborhood
and would reach out to help each other during disasters.
Proclaiming September 22, 2014, as Family Day - Get Involved /Stay
Involved
Proclaiming September 17 -24, 2014, as Constitution Week
Sharon Corsiglia, Mohave Chapter of the Daughters of the American Revolution, pointed out
that September 17 marked the 227 anniversary of the framing of the U.S. Constitution,
encouraging the community to reread the document that was the foundation of this nation's
laws.
Proclaiming September 2014 as Alcohol & Drug Addiction Recovery Month
Annette Mugrditchian, Orange County Adult Behavioral Health Services Agency, pointed out her
agency had served over 6,000 individuals this past year offering over 50 programs on
substance abuse in an effort to reach those in need of appropriate treatment and recovery
support services.
Proclaiming September 11, 2014, as Patriot Day and National Day of
Service and Remembrance
City Council Minutes of September 9, 2014
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Fire Chief Randy Bruegman announced that on September 11 the community was invited to
gather on the Grand Plaza in memory of those who lost their lives and the sacrifices made on
that date 13 years ago. At 8:46 a.m., Anaheim's first responders were hosting this service in
memory of the tragic event at the New York Trade Center and hoped to make it an annual
commemoration service from this date forward.
Recognizing Rose Hills Memorial Park & Mortuaries on their 100th
Anniversary
Proclaiming September 2014 as Ovarian Cancer Awareness Month
Dianne Eggel remarked ovarian cancer was one of the most deadly diseases for women and
her agency worked solely on promoting awareness of the symptoms of this disease as the
primary preventive strategy for this silent disease.
Proclaiming September 15 - October 15, 2014, as Hispanic Heritage Month
Yvonne Duncan representing LULAC, one of the oldest civil rights organizations, thanked the
city for celebrating Hispanic Heritage month. She informed the community that LULAC had
been involved in raising funds for scholarships for Anaheim high school students every year and
also offered outreach on timely topics such as immigration reform.
At 5:40 P.M., Mayor Tait called to order the Anaheim Housing Authority (in joint session with
the Anaheim City Council).
ADDITIONS /DELETIONS TO THE AGENDA: City Clerk Linda Andal reported that staff
requested Item Nos. 12 and 15 be removed from the agenda and would return at a future date.
Without any objection, Mayor Tait announced the items were deleted from the agenda.
PUBLIC COMMENTS (all agenda items):
Cecil Jordan Corcoran read and interpreted the meaning of a passage from the Bible.
Dan DeMeyere, resident, reported he had been harassed on several occasions by city
employees due to his complaints concerning the Brookhurst Street Improvement project, and
had advised his legal counsel regarding same.
William Fitzgerald, resident, spoke in opposition to actions taken by Council Members that he
believed benefitted solely the Disney Corporation and urged voters to not re -elect incumbents to
the City Council in November.
Council Member Eastman responded, remarking the allegations as stated by Mr. Fitzgerald
were false and fabricated solely for dissemination at the podium.
Edgar Arellano addressed Item No. 21, parking permits for Kings Court, commending Public
Works Department for including all community members in their hearings and decisions and
using a bilingual survey. He pointed out there was a discrepancy between the Spanish and
English versions, with the English version indicating households would be able to purchase 3
permits while the Spanish version stated only one permit per household in the same two year
time period. Mayor Tait requested the City Manager research that claim.
City Council Minutes of September 9, 2014
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John Dunton, resident, encouraged the community to remember military service men and
women overseas.
Steve Jacobsen, speaking to Item No. 10, addressed the traffic problems on Felicidad Street,
remarking the speeding cars that cut through Felicidad Street coming from the strip mall with
two liquor stores and a cocktail bar have been nothing but a problem since he had lived there
for more than two decades. He added the homeless push their carts down Felicidad Street and
taggers hit the commercial buildings at night and then escape on Felicidad and tag there as
well. He added when the alley was temporarily closed for 90 days, the dynamics of the
neighborhood completely changed, the drunk drivers and homeless stopped, speeding almost
stopped and the quality of living in the neighborhood was like night and day. He urged Council
to approve the permanent closure of the alley.
Keith Olesen, resident, presented the city with $1,200 collected on behalf of the Anaheim K -9
Memorial, explaining how a group of friends who regularly met to discuss philosophical
viewpoints and decided to raise funds on occasion for certain animal charities.
Stephanie Stieler, First Light International Foundation, announced it had been inspiring to see
the successful partnership with churches, nonprofits and the city to make a difference in the
lives of the homeless and the poor.
James Robert Reade, read an excerpt from his online site.
Dana Morgan, resident addressing Item No. 10, remarked her home was next to the parking lot
in question and when the alley was temporarily closed, traffic on Felicidad returned to normal
and the neighborhood became peaceful for the first time in 18 years. She urged council to
permanently close the entrance to the commercial parking lot.
Mitch Morgan, resident, also addressed Item No. 10, remarking when the alley was closed, the
amount of traffic was reduced significantly, and asked Council to approve the alley closure
permanently.
Ron Abernathy addressed Item No. 10 on behalf of his mother, a resident on Felicidad Street,
remarking the alley closure could prevent emergency vehicles from entering the neighborhood
or residents escaping during a disaster, asking Council to consider that situation when making a
decision on this matter.
Corie Cline spoke in support of body -worn cameras for police officers, remarking it would
decrease brutality and complaints against officers as the truth would be seen in the videos. She
added that other cities such as Rialto had seen brutality rates decreased as a result of body -
worn cameras by officers.
Sara Hertl spoke of the circumstances surrounding the death of her brother by an Anaheim
police officer, stating those officers who had been involved in shootings should be the first
selected to wear cameras.
An unidentified speaker talked of harassment by police officers, and a public more concerned
with funding a memorial for police dogs than for low income families who were oppressed and
terrorized by police. She looked to Young Survivors Legacy Support Network and Anaheim
Crusaders to make a difference.
City Council Minutes of September 9, 2014
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Mary Daniels, resident, spoke of a situation that occurred during Yesenia Rojas' birthday
celebration that was unwarranted in her opinion, when the Police gang unit descended on Anna
Drive and charged some attendees with resisting arrest, being gang members and for
possession and were ultimately released.
Genevieve Huizar spoke of the anger and frustration for those who sought justice for officers
involved in fatal shootings remarking that some members of the public cared more for a K -9
memorial than for a memorial for sons that had lost their lives.
Stephen Swigley remarked along with body -worn cameras on police personnel, the public
wanted accessibility to that information, a good citizen oversight committee and transparency.
Donna Acevedo, resident, supported body cameras for uniformed officers, stating Council
should also consider the policies that go along with the cameras, including cameras for officers
not in uniform who carried visible weapons. She urged the community to keep filming the police
on their own as well.
Ron Bengochea, resident, spoke in favor of video cameras for police officers remarking it was a
small price to pay if it resolved ongoing issues. He also spoke in opposition to district elections,
stating it would lead to turf wars and less representation for all.
An unidentified speaker recommended a website, which would be a clearinghouse for
suggestions that could eventually bring about positive change and an improved Anaheim,
soliciting staff and residents to join the interchange and improve Anaheim.
Theresa Smith was distressed over the police interruption of Yesenia Roja's family birthday
party and why it occurred.
An unidentified speak remarked the neighborhoods were struggling and election candidates
who looked to make a difference should talk to residents in those neighborhoods and find out
what the issues were. She supported video cameras for police officers and hoped this was a
start to make changes for the future.
Cynthia Ward pointed out it had been a year since the Angels Baseball Memorandum of
Understanding had been approved and no deal had been reached and it appeared no
negotiations were taking place. She added the proposal for a stadium land deal had been the
city's offer, not a demand by Angels Baseball as the public had been lead to believe, remarking
it was time for honest answers to the public.
Greg Diamond inquired why Council Member Murray resigned from the MWD board after five
years and specifically what was the conflict of interest issue that was cited. He also requested
that Item Nos. 25 through 30 be pulled for further clarification, asking if a loan of $2.5 million
from the Housing Authority to the City of Anaheim who then turned around and loaned it to the
Successor Agency (of the Redevelopment Agency) was an appropriate and legal action to take.
COUNCIL COMMUNICATIONS: None
City Council Minutes of September 9, 2014
Page 6 of 14
CITY MANAGER'S UPDATE:
Paul Emery, Interim City Manager, requested Item No. 21 be pulled from the agenda to allow
staff to respond to public comments and he highlighted Item No. 08, the 2014 Street
Rehabilitation Improvement Project.
CONSENT CALENDAR: Mayor Tait declared a conflict of interest on Item No. 8, as his firm had
worked for RJ Noble this past year and pulled Item No. 21, as requested by the City Manager.
Council Member Eastman removed Item No. 10 for further discussion. Item Nos. 25, 26, 27, 28,
29 and 30 were continued to September 23, 2014 (along with related Housing Authority Item
Nos. 1, 2 and 3). Council Member Eastman moved to waive reading in full of all ordinances and
resolutions and to adopt the consent calendar as presented in accordance with reports,
certifications and recommendations furnished to each City Council Member and as listed on the
consent calendar and to continue items No. 25 — 30 to a date and time certain, seconded by
Council Member Kring. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members:
Brandman, Eastman, Kring and Murray). NOES — 0. Motion Carried.
5. Receive and file the Library Board report dated August 18, 2014 and minutes of Sister
B105 City Commission meeting of June 23, 2014, Library Board meeting of July 14, 2014,
Cultural Heritage Commission meeting of July 17, 2014 and Public Utilities Board
meeting of July 23, 2014.
0154 6. Approve the 2015 Health and Welfare Plan Rates and authorize the Human Resources
Director to execute all required provider agreements on behalf of the City.
D144.5 7. Approve the response to the Orange County Grand Jury report titled, "Orange County
City Pension Liabilities - Budget Transparency Critically Needed" and authorize the
Mayor to execute a letter and forward the response to the Presiding Judge of the Orange
County Court and the Orange County Grand Jury.
8. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the amount
of $2,309,566.10, for the 2014 Street Rehabilitation Improvement Project for sections of
Broadway, La Palma Avenue, State College Boulevard and Orange Avenue and
AGR-8376 authorize the Finance Director to execute the Escrow Agreement pertaining to contract
retentions (Broadway from Agate Street to Euclid Street, La Palma Avenue from West
Street to Clementine Street, State College Boulevard from South Street to Lincoln
Avenue, Orange Avenue from 140' east of Thistle Road (city limit) to Euclid Street, and
La Palma Avenue from Anna Drive to State College Boulevard).
Mayor Tait recorded an abstention on this item. Roll Call Vote: AYES — 4: (Mayor Pro
Tem Murray and Council Members: Brandman, Eastman and Kring. NOES — 0.
ABSTENTION — 1: Mayor Tait. Motion to approve carried.
9. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing
D180 Agent to issue a Master Agreement to Across the Street Productions, in a yearly amount
not to exceed $25,000, for an incident management training program for the Anaheim
Fire Department for a one -year period with up to two one -year optional renewals.
11. Approve the Agreement for Acquisition of Real Property with Rufino Jimenez, in the
AGR-8377 amount of $11,000, the Grant Deed for the sale of real property and the Covenant to
City Council Minutes of September 9, 2014
Page 7 of 14
Hold Properties as a Single Parcel Agreement for surplus city property located at 2145
West Katella Avenue.
12. Approve and authorize the Director of Public Works to execute and to take the
necessary actions to implement and administer the Major Maintenance Agreement, and
any related documents or agreements, with ABM Onsite Services -West, Inc., in the
amount of $46,214 through fiscal year 2015/16 and to be adjusted annually thereafter,
for maintenance services for the Anaheim Regional Transportation Intermodal Center for
a term of five (5) years with up to two one -year extensions.
This item was removed from the agenda at the request of staff; no action taken.
13. Approve the Second Amendment to Agreement with Michael Gennaco, Stephen
AGR- 5192.A.2 Connolly and Cynthia Hernandez, referred to collectively as OIR Group, increasing the
annual not to exceed amount to $125,000 for attorney services.
14. Approve and authorize the Director of Community Services, or his designee, to execute
AGR -8378 and administer a License Agreement with Renewable Farms to use a portion of land
located at 1426 East Vermont Avenue.
15. Approve and authorize the City Manager to execute an agreement with Kitchell CEM,
Inc., in an amount not to exceed $585,000, for project and construction management
services for the Ponderosa Park and Family Resource Center project located at 2100
South Haster Street and authorize the Community Services Director to increase the
contract amounts by up to 10 %, if such increase is necessary.
This item was removed from the agenda at the request of staff; no action taken.
16. Approve City of Anaheim's Annual Power Content Label and energy supply reports in
D182 accordance with Assembly Bill (AB) 162, authorize the Public Utilities General Manager,
or designee, to attest as to the accuracy of the information in the AB 162 Reports and
Annual Power Content Label, and submit the reports to the California Energy
Commission.
17. Approve and authorize the Public Utilities General Manager to execute and take
necessary actions to implement and administer General Service Agreements for
professional civil and electrical engineering services with the following consultants
AGR -8380, prequalified by the Public Utilities Department, as well as with such other consultants
8381, 8382, whom the department may pre qualify in the future (Anderson Penna; APA Engineering,
p y P q y ih A
(
8383, 8384,
Inc.; BKF Engineers; Berg Power Engineers, Inc.; Black & Veatch Corporation; CG
8385, 8386, Power Solutions USA Inc.; Dahl, Taylor & Associates; Delta Systems Engineering Inc.;
8387, 8388, EETS, Inc.; The Engineering Partners, Inc.; Faith Com, Inc. dba FCI Management
8389, 8390, Consultants; Henkels & McCoy, Inc.; IEC Corporation dba Integrated Engineers &
8391, 8392, Contractors Corporation; Joseph C. Truxaw & Associates, Inc.; Leah Kabbara dba
8393, 8394, Kabbara Engineering; Leidos Engineering, LLC; Ma ers & Associates Civil Engineering,
Y
8395, 8396,
Inc.; Parkia, Inc.; Sega, Inc.; Sun Engineering Services, Inc.; TOR Engineering
8397, 8398, Corporation; UC Synergetic, Inc.; and R.G. Vanderweil Engineers, LLP); and authorize
8399, 8400, changes that do not substantially change the terms and conditions of the Agreement, so
8401, 8402 long as such changes are determined to be de minimis by the City Attorney.
18. Approve and authorize the Public Utilities General Manager, or designee, to execute and
AGR-6488.I take the necessary or advisable actions to implement and administer the Account Holder
City Council Minutes of September 9, 2014
Page 8 of 14
Registration Agreement, and related documents, with the Western Electricity
Coordinating Council (WECC) for the use of the Western Renewable Energy Generation
Information System to serve as a Qualified Reporting Entity and authorize the payment
of annual and volumetric fees, as annually set by WECC, subject to annual budgetary
approval by the City Council.
19. Approve the placement of a plaque in Mito Square at City Hall in honor of the City's
0116 longstanding Sister City relationship with Mito, Japan.
20. RESOLUTION NO. 2014 -159 A RESOLUTION OF THE CITY COUNCIL OF
D154 THE CITY OF ANAHEIM amending Resolution No. 2005 -109, which established rates of
compensation for classifications designated as Part -Time Unrepresented (Fire Cadet).
22. RESOLUTION NO. 2014 -160 A RESOLUTION OF THE CITY COUNCIL OF
D124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
certain real properties or interests therein (City Deed Nos. 11711, 11712 and 11713)
(Katella Avenue Smart Street Project).
23. RESOLUTION NO. 2014 -161 A RESOLUTION OF THE CITY COUNCIL OF
AGR-3989.I THE CITY OF ANAHEIM to approve the 2014 Edward Byrne Memorial Justice
Assistance Grant Funds Transfer Agreement between the City of Anaheim and the
County of Orange, authorizing the Chief of Police or his designee to execute all
documents required to transfer the grant funds, and authorizing the acceptance of such
grant funds on behalf of the City and amending the budget for the fiscal year 2014 -15
accordingly.
24. RESOLUTION NO. 2014 -162 A RESOLUTION OF THE CITY COUNCIL OF
AGR -8404 THE CITY OF ANAHEIM ratifying the submission of an application on behalf of the City
of Anaheim to the State of California Department of Water Resources for grant funds
under its 2008 Urban Drought Assistance Grant Program, authorizing the Public Utilities
General Manager or designee to accept such grant funds as may be awarded, approving
Agreement 4600008290 and authorizing the Public Utilities General Manager or
designee to execute the Agreement and take such actions as are necessary in
furtherance of the Agreement, amending the Public Utilities Department budget for fiscal
year 2014/2015, and determining that these actions are exempt from the California
Environmental Quality Act (CEQA) pursuant to guideline Section 15304(b).
25. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
AGR -8421 THE CITY OF ANAHEIM approving a Cooperation Agreement (City /Housing Authority
Loan Agreement — $2,537,362 ROPS III Period Excess Expenditure) by and between
the City of Anaheim and the Anaheim Housing Authority and making certain findings in
accordance therewith (related to Authority Item No. 01).
This item was continued to September 23, 2014; no action taken.
City Council Minutes of September 9, 2014
Page 9 of 14
26. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving a Cooperation Agreement (Loan Agreement
pursuant to Health & Safety Code Section 34173(h) — $2,537,362 ROPS III Period
Excess Expenditure) by and between the City of Anaheim and the Successor Agency to
the Anaheim Redevelopment Agency, increasing the Community Development
Department Budget and making certain findings in accordance therewith.
This item was continued to September 23, 2014; no action taken.
27. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving a Cooperation Agreement (City /Housing Authority
Loan Agreement — ROPS II Prior Period Adjustment) by and between the City of
Anaheim and the Anaheim Housing Authority and making certain findings in accordance
therewith (related to Authority Item No. 02).
This item was continued to September 23, 2014; no action taken.
28. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving a Cooperation Agreement (Loan Agreement
AGR -8422 pursuant to Health & Safety Code Section 34173(h) — ROPS II Prior Period Adjustment)
by and between the City of Anaheim and the Successor Agency to the Anaheim
Redevelopment Agency, increasing the Community Development Department budget
and making certain findings in accordance therewith.
This item was continued to September 23, 2014; no action taken.
29. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing revisions to a Cooperation Agreement (Brookfield
DDAs) by and between the City of Anaheim and the Anaheim Housing Authority and
making certain findings in accordance therewith (related to Authority Item No. 03).
This item was continued to September 23, 2014; no action taken.
30. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
AGR- 7964.A THE CITY OF ANAHEIM authorizing revisions to two Cooperation Agreements (LAB
AGR- 7602.1.A DDA and Brookfield DDAs) by and between the City of Anaheim and the Successor
Agency to the Anaheim Redevelopment Agency and making certain findings in
accordance therewith.
This item was continued to September 23, 2014; no action taken.
D114 31. Approve minutes of the Council meetings of July 15, 2014, July 22, 2014, August 12,
2014 and August 19, 2014.
END OF CONSENT CALENDAR:
D175 10. Approve a permanent closure of the public alley connecting Magnolia Avenue Felicidad
Street adjacent to 1001 North Magnolia Avenue as a traffic calming measure.
Council Member Eastman requested staff address an earlier public comment expressing
concern over access by emergency vehicles once the alley was closed. Natalie Meeks, Public
Works Director, remarked this action would create a cul -de -sac on Felicidad Street by walling off
access to the alley and shopping center to separate the neighborhood from the commercial
uses. Public Safety Division reviewed the plan and found the street met standards for parking
and access and was no different from any other cul -de -sac streets found within the city. Ms.
City Council Minutes of September 9, 2014
Page 10 of 14
Eastman asked if another situation could arise that would funnel traffic down another alley
between Magnolia and Felicidad with Ms. Meeks responding that that particular alley was
separated from the commercial alley and that the temporary closure pilot program did not
identify any impacts from the closure adding staff would continue to monitor the change.
Council Member Eastman moved to approve a permanent closure of the public alley connecting
Magnolia Avenue Felicidad Street adjacent to 1001 North Magnolia Avenue as a traffic calming
measure, seconded by Council Member Kring.
Discussion: Council Member Brandman remarked this had been a two year process and he
had seen the impacts the commercial property had on this neighborhood and was pleased with
the Department's diligence and resolution of a neighborhood problem.
Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and
Murray.) NOES — 0. Motion Carried.
21. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
D175 THE CITY OF ANAHEIM establishing Permit - Eligible Parking District No. 29 (Kings
Court) and determine the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Regulation No. 15061(b)(3).
City Manager Paul Emery recommended this item be continued to a later date to reconcile
statements made during public comments with respect to the survey process. Mayor Pro Tem
Murray remarked if there were any difference in definitions between the two survey documents
(English and Spanish languages), the survey should be redone and all future surveys should be
identical going forward.
Council Member Brandman moved to continue Item 21 to a later date, seconded by Council
Member Eastman. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Brandman,
Eastman, Kring and Murray.) NOES — 0. Motion Carried.
32. Authorize the Public Utilities Department to utilize proceeds from the Revolving Credit
Agreement with Wells Fargo Bank, National Association for periodic draws through the
AGR -7479 line of credit, in an amount not to exceed $30,000,000, to fund existing or additional
electric utility capital projects and related expenses.
Public Utilities General Manager Dukku Lee reported Council had authorized a $100 revolving
line of credit in February, 2013 with Wells Fargo Bank and since that time, had approved three
draws on that line of credit for electric and water utility purposes, the most recent being a July,
2013 draw to fund up to $14 million in water utility capital projects. He explained the intent of
this line of credit was to offer an additional source of funding for specific needs including the
retirement of certain bonds, to provide a source of funding, for collateral requirements related to
the State emissions cap and trade program and to also provide funding for various capital
projects; this line of credit, he emphasized, would not be used for operating expenses.
To take advantage of lower short term interest rates, staff was now proposing the use of the
proceeds from the line of credit to finance a portion of electric utilities capital improvement
program, and requesting to draw up to $30 million from the line of credit for that purpose. At
current interest rates, he emphasized, this would save the electric utility about $1.1 million in
interest expenses annually when compared to long -term fixed rate bonds. This draw would fund
City Council Minutes of September 9, 2014
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utility capital projects without having to obtain authorization for each individual transaction up to
the planned amount of $30 million, an appropriate action as the capital projects were still subject
to the normal approval process and included in the utilities approved budget. He added that
financial controls would be maintained as all expenses for capital projects would continue to
require authorization prior to incurring the expense.
He explained, this line of credit had been a useful tool in delaying borrowing for longer term debt
and enabled the city to take advantage of lower term interest rates currently at .8 percent for the
line of credit as compared to 4.5 percent for long term bonds. Those interest savings also
helped maintain the rate advantage for both electric and water services for Anaheim's
customers.
Council Member Kring moved to authorize the Public Utilities Department to utilize proceeds
from the Revolving Credit Agreement with Wells Fargo Bank, National Association for periodic
draws through the line of credit, in an amount not to exceed $30,000,000, to fund existing or
additional electric utility capital projects and related expenses, seconded by Mayor Pro Tem
Murray. Roll Call Vote: AYES — 5 (Mayor Tait and Council Members: Brandman, Eastman,
Kring and Murray.) NOES — 0. Motion Carried.
33. Waive Council Policy 4.0 and 4.1 and authorize the City Manager, or his designee, to
execute an agreement and any and all related documents, in its substantial form subject
to review and approval by the City Attorney, that will be necessary to complete the
AGR -8405 transaction contemplated with TASER International, Inc., for the acquisition, support and
maintenance of body -worn cameras for use by uniformed Anaheim Police Officers, in an
amount not to exceed $1,150,000, for up to five years, which include all related
equipment, service and maintenance, product upgrades, for a minimum of two upgrade
cycles, training and digital evidence storage.
Police Chief Raul Quezada reported the Department's field personnel had been using digital
recorders for over a year to record law enforcement activities and the addition of body -worn
cameras would add an additional level of evidence collection, serve as another layer of
transparency and public accountability, and also served as a training tool in many instances. He
then played a brief video revealing how video clips and eyewitness accounts told only part of the
story and the importance of capturing critical incidents.
Chief Quezada indicated the department had conducted a 10 -month field survey and
assessment of several body -worn cameras measuring ergonomics, ease of use, reliability,
durability, style, comfort, video quality, sound quality, video and audio capacity, uploading
speed, uploading ease of use, and battery life — adding that the survey demonstrated the Taser
Axon Body camera, manufactured and solely distributed by Taser, met all of the established
qualifications and had certain functionalities and capabilities unique to the product to meet the
Department's needs. Taser had submitted a quotation for 250 cameras, related equipment and
digital storage for a five year period, totaling $1,101,114.59. The initial purchase cost of
$332,922.59 would provide for the acquisition of the cameras and related equipment along with
data storage for the first year, with four subsequent annual payments of $192,048 to cover
additional expenses including license fees, warranties, and a minimum of two device upgrade
cycles at years three and five. In addition to this service agreement and storage of digital video
data, if approved, the cameras would be issued during the next cycle of the Department's
training in November once field personnel were trained in the new technology and using the
City Council Minutes of September 9, 2014
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cameras, they would return their digital audio recorders. Full implementation of the use of body
cameras was expected by April 1, 2015.
Regarding privacy issues, Chief Quezada remarked policies and procedures were being drafted
that would respect the privacy of those in contact with officers, such as victims of sexual assault
and domestic violence. He added the policies and procedures would also protect the integrity of
criminal investigations and tactical operations to ensure the safety of officers and as well as
ensuring the adhered to all state and federal laws. Once finalized, the policy would be posted on
the department's website and viewers could see how and when videos would be released. He
added this technology was far from perfect, because it would not record everything an officer
saw, as it was affixed to the officer's chest not to an officer's line of sight. In the event there was
an obstruction to the video, he pointed out, the audio would continue to record. He also
presented a brief video.
Chief Quezada ended his presentation announcing that in 2013, officers responded to more
than 200,000 calls for service and in that same year, despite the availability to file a complaint,
there were only 58 personnel complaints, of which 28 were internally generated. That statistic,
he pointed out, reflected personnel who were doing an outstanding job serving the residents
and visitors of Anaheim. This program, he added, would only strengthen the community's trust
and the department's goal of making Anaheim a safe place for all.
Mayor Tait remarked this was one more step in bringing transparency and accountability to all.
Mayor Pro Tem Murray inquired if there was flexibility in the account to address technological
advances, with Chief Quezada responding that in year three and again in year five, Taser would
upgrade the devices with the latest technological advances. Council Member Kring requested
additional information on the data storage with Chief Quezada indicating that only he and the
Deputy Police Chief had the ability to monitor every download, and the storage would be located
in the Cloud. Each device would be docked and downloaded immediately and the device
recharged for the next shift with a civilian liability person to be hired and responsible for the
overall program. Council Member Eastman confirmed that no video recording could be
modified, deleted, or added; and only the Deputy Chief or the Chief would have access to the
information. Council Member Brandman appreciated the thorough field analysis and the city
team effort in bringing this program forward.
Council Member Kring moved to approve Item No. 33 as presented, seconded by Mayor Pro
Murray. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Eastman,
Kring and Murray). NOES — 0. Motion Carried.
34. Nominate and appoint a representative to the Metropolitan Water District and alternate
member to the Santa Ana River Flood Protection Agency.
0148
Santa Ana River Flood Protection Agency
ALTERNATE: Rudy Emami
Staff recommended that Interim City Engineer, Rudy Emami be appointed as the alternate to
the Santa Ana River Flood Protection Action. With no other nominees offered, Mr. Emami was
unanimously appointed.
City Council Minutes of September 9, 2014
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Metropolitan Water District:
APPOINTMENT: Don Calkins
Mayor Pro Tem Murray remarked she had served for five years on the MWD Board and would
continue to be an advocate for MWD policies and programs and throughout her tenure Don
Calkins, Water Department Manager, had provided technical assistance and attended those
meetings as well. She then nominated Don Calkins to the MWD, seconded by Council
Member Kring. Mr. Calkins was unanimously appointed to the MWD Board.
REPORT ON CLOSED SESSION ACTIONS:
Michael Houston, City Attorney, reported on Closed Session Item No. 02, the City Council
accepted a settlement agreement and directed authority to the City Attorney to enter into said
agreement to resolve claims brought under the ADA regarding the structural elements and
operations of the Honda Center. The City and the Honda Center operator, AAM, have agreed
to make certain structural and operational accessibility improvements to the facility and pay
plaintiffs' damages and attorney fees.
COUNCIL COMMUNICATIONS:
Council Member Eastman recognized the Anaheim /OC Visitor & Convention Bureau, the OC
Visitors Association and Senator Lou Correa as recipients of the OC Tax Roses Award. She
announced Anaheim won the 2014 Red Cross City Blood Drive Challenge defeating the cities
such as Los Angeles, Long Beach and San Diego. She indicated the Military Banner Ceremony
was scheduled for September 29 at George Washington Park with a special unveiling of
Anaheim's designation as a Purple Heart City. Related to World Habitat Day on October 6
she requested a proclamation recognizing that date and that staff begin looking at housing
parcels in the city and work with Habitat for Humanity to evaluate those that could be utilized for
low incoming housing.
Council Member Kring thanked Mayor Pro Tem Murray for completing five years of service as
an MWD board member. She cautioned residents on the seriousness of the West Nile Virus
offering tips on preventing contact with infected mosquitos and announced the 125
Anniversary celebration for the County of Orange on September 13 in San Juan Capistrano
and the city's Veteran's Day celebration scheduled for November 8 She also spoke of her
attendance at the ground- breaking of the 42 -unit development by Watt Communities at 801 S.
Anaheim Boulevard.
Mayor Pro Tem Murray spoke of the Give Back [Packs] Program thanking the many sponsors
and volunteers who ensured backpacks filled with school supplies were delivered to Anaheim
schools. She also discussed the Ponderosa Creative Writing contest in which 4 through 6th
graders wrote a 500 word essay, with Chance Theatre actors providing a dramatic reading of
the three winning essays. In addition, Mayor Pro Tem Murray requested the city co- sponsor the
2014 Anaheim Mariachi Festival whose proceeds benefitted the Anaheim Mariachi Academy
(R.H.Y.T.H.M.O, Inc), asking that the Academy be invited to perform at the September 23 or
October 5 council meeting and that they be recognized with a proclamation.
Council Member Brandman announced the September 11 Day of Remembrance ceremony to
be held at the Convention Center Grand Plaza at 8:46 a.m., inviting the community to attend.
City Council Minutes of September 9, 2014
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Mayor Tait spoke of his attendance at the National Association of Asian American Professionals
National Convention and announced the OC Family Justice Center Foundation Toast for Hope
on September 17 and the Blue Mass honoring law enforcement officers, firefighters,
paramedics and service personnel at St. Anthony Claret Church on September 20 He also
thanked Mayor Pro Tem Murray for her service on the MWD board and congratulated Don
Calkins on his appointment.
Mayor Tait requested the City Clerk look into scheduling City Council meetings every 1 and 3rd
or 2 and 4 Tuesdays rather than the current random scheduling. He also requested this
meeting be adjourned in the memory of Bruno Serato's mother, Caterina, the inspiration for
Caterina's Club, a program than had to this date served 800,000 meals to Boys and Girls Club
participants.
ADJOURNMENT:
At 8:11 P.M., with no other business to conduct, Mayor Tait adjourned the September 9th
meeting in memory of Caterina Serato.
R :specJully submitted,
Linda N. Andal, CMC
City Clerk