2014/12/23 ANAHEIM CITY COUNCIL REGULAR AND REGULAR
AJOURNED MEETING OF DECEMBER 23, 2014
The regular meeting of December 23, 2014 was called to order at 3:00 P.M. and adjourned to
4:00 P.M. for lack of a quorum. The regular adjourned meeting of December 23, 2014 was
called to order at 4:02 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 December 19, 2014.
PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Lucille Kring, Kris
Murray and James Vanderbilt
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:
Cecil Jordan Corkern offered personal comments unrelated to the closed session agenda.
William Fitzgerald offered his personal viewpoint on several issues, members of staff, and
actions taken by City Council Members.
Cynthia Ward remarked a coalition had been established to examine future agenda items,
ensuring information and recommendations provided by staff were accurate and that council
understood the ramifications of their decisions.
At 4:12 P.M., Mayor Tait recessed to closed session for consideration of the following items.
CLOSED SESSION:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Richard Brown, et al. v. City of Anaheim, et al., U.S. District Court Case
No. SACV14 -01195 SVW (JPRx)
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Rodney Elliott, et al. v. City of Anaheim, et al., U.S. District Court Case
No. SACV12 -00736 CJC (MLGx)
3. PUBLIC EMPLOYEE APPOINTMENT
(Subdivision (b)(1) of Section 54957 of the California Government Code)
Title: City Manager
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 Council Minutes of December 23, 2014
Page 2 of 12
At 5:13 P.M., City Council returned from closed session and the meeting reconvened.
INVOCATION: Pastor Nathan Zug, Magnolia Baptist Church
FLAG SALUTE: Council Member Jordan Brandman
PRESENTATIONS: Recognizing Community Services Field Park Supervisor Adolfo Gamboa
for his efforts to go Above and Beyond
Director of Community Services Department, Terry Lowe, remarked Field Park Supervisor
Adolfo Gamboa had been nominated by his colleagues for the Above and Beyond recognition
because of his work ethic that was unparalleled and resulted in the best sports fields in the
region. He stated Dee Fee Baseball Field and Glover Stadium were consistently recognized as
the finest in Orange County and showcased Anaheim in the best light possible, adding that the
partnership between the school district and the city increased the number of fields for the public
use, which benefitted the Anaheim community. Mr. Gamboa and his family were present to
receive this recognition.
Recognizing the winners of the Anaheim Beautiful Holiday Lights Contest
Sandra Sagert, Anaheim Beautiful, introduced the holiday lights contest winners in eight
categories, remarking that the list, addresses and photos of the winners were available for
viewing on the city's website.
ACCEPTANCE OF OTHER RECOGNITIONS (TO BE PRESENTED AT A LATER DATE):
Recognizing the Anaheim VFW Post 3173 on their 80th Anniversary
Gary Mason, VFW Commander, accepted the proclamation, thanking the city for recognizing
and celebrating VFW Post 3173 on their 80 anniversary.
At 5:33 P.M., the Anaheim Housing Authority, the Anaheim Public Financing Authority and the
Anaheim Housing and Public Improvements Authority was called to order (in joint session with
the Anaheim City Council).
ADDITIONS /DELETIONS TO THE AGENDAS: Staff withdrew Item No. 34 from the agenda.
PUBLIC COMMENTS (all agenda items, except public hearing):
Prior to receipt of public comments, a brief decorum statement was provided by City Clerk,
Linda Andal.
Police Chief Raul Quezada presented a short video highlighting Anaheim police officers
interacting with families and children in the community during the holiday season, involved in
several programs for needy families, i.e.; the delivery of holiday gifts to 160 families in Anaheim,
the Shop with a Cop program, in which 60 children accompanied by a police officer shopped at
Target with a $100 Target gift card and the Family Justice Center Adopt -A- Family program,
providing gifts and necessities for another 38 families.
Cecil Jordan Corkern, Outreach Homeless Ministries, explained he had relocated to a group
home at 913 Elm Street that was in bad condition and hoped the community would take on the
challenge of cleaning it up for its residents.
City Council Minutes of December 23, 2014
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William Fitzgerald objected to a number of issues, including the increase in residential utility bills
which he stated offered large commercial users such as Disneyland an unfair break and a
process of protesting those increases that required a property owner to send in a written protest
or have their non - protest considered a vote of approval for the increase.
Lou Noble discoursed on recent tragedies in southern California and the need for compassion,
love and justice for all.
Daniel Demeyere thanked staff and council members who had taken the time to address
concerns he had raised regarding the Brookhurst Street Widening Project, asking that the city
reconsider the design of the intersection to address the illegal and unsafe left turns being made.
Freddie Figueroa spoke of damage his house had incurred due to the Brookhurst Street
Widening project asking for the city's assistance. Mayor Tait requested the city manager direct
Mr. Figueroa to a staff member to discuss his concerns.
Kurt Brunner, resident, thanked the city and staff for their consideration of the issues he and
others had raised regarding the Brookhurst Street Widening project, urging reconsideration of
the safety concerns at the Crestwood / Brookhurst intersection. Mayor Tait remarked he had
visited that area and viewed an illegal left turn at that intersection, asking staff to revisit that
location and confirm whether or not a signal was needed.
R. Joshua Collins spoke to the homeless situation at Maxwell Park asking that a workshop be
held to address police officer relations and other concerns along with a possible location for a
rain shelter. Mayor Tait referred Mr. Collins to the Director of Community Services for answers
to some of his questions and supported a workshop or meeting with the homeless community
and officers as well as representatives from CityNet.
Keith Olesen, resident, presented an $800 donation to the Anaheim Community Foundation
earmarked for the K -9 monuments that would be showcased in two of Anaheim's community
parks. He noted this contribution, coupled with a previous donation, brought the amount to
$2,000 made possible from donations by an interested group of citizens.
Raymond Oliver discussed the homeless problem in general, how it impacted his life and the
problems that occurred when it rained and no shelter was available. Mayor Tait suggested Mr.
Oliver speak to the Director of Community Services who would be able to put him in touch with
Illumination Foundation, CityNet or Mercy House.
Marc Trent remarked he was disappointed in the Angel's Baseball negotiations urging council to
keep the stadium and to find a way to retain the team in Anaheim.
Greg Diamond remarked the Anaheim Public Utilities had proposed water and electricity rate
increases and unless a majority of the parcels affected voted against the increases, they would
automatically go into effect. He objected to this type of process for a tax increase and hoped
the City Council would look into it.
Bryan Kaye, resident, reported an incident that had occurred when he had been arrested by an
Anaheim police officer, and had subsequently written a petition to the Police Department which
had gone unanswered, asking for the city's assistance. Mayor Tait suggested Mr. Kaye explain
his situation to the Chief of Police, with Mr. Kaye rejecting that offer.
City Council Minutes of December 23, 2014
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Michael Baker, Boys and Girls Club, provided an end of year status report to the city, remarking
it had been a good year for the organization, which had expanded its outreach to at risk youths
and would continue to focus on that goal for the future. He stated he had accepted a position to
work for the Boys and Girls Club in Santa Barbara County adding that it had been a privilege
and an honor to work in Anaheim and were the most rewarding years of his professional career.
Mayor Tait commented that so many lives had been improved because of efforts of the Boys
and Girls Club and that Mr. Baker would be missed. Mayor Pro Tem Murray requested the city
recognize and honor Mr. Baker's service to Anaheim at the next council meeting. Council
Member Kring expressed her appreciation for Mr. Baker's service as well, adding that he had
also been the heart and soul of the new Rotary Club.
John Machiaverna, Public Utilities Board member, spoke to the proposed utility increases.
Referencing water rates, he stated one -third of the cost increases were due to the high cost of
importing water. The remaining two - thirds would invest in infrastructure to prevent water main
breaks, and to pass on a utility to the next generation that was as sound as it was today.
Referencing electrical rates, he explained some major users were going to get a break, but that
would benefit the city as a whole because it would attract new businesses, especially in the
manufacturing area with high paying jobs that would bolster the economy over the long run.
Cynthia Ward, addressing Item No. 29, asked the city to enforce the conflict of interest code,
pointing out the Anaheim Chamber of Commerce under contract for the Enterprise Zone, had
never filed State of Economic Interest 700 forms despite her request for that information and the
CS &L report related to the Angels Baseball negotiations had not disclosed potential conflicts.
James Vanderbilt, speaking as a point of personal privilege, reminded the public that derogatory
comments made in public in this internet age, remained forever and the rationale for making
those comments could be difficult to explain at a later date.
COUNCIL COMMUNICATIONS:
Mayor Pro Tem Murray requested staff address the concerns raised regarding the Public
Utilities rate increases.
Mayor Tait urged Mr. Fitzgerald to get his point across without shock value language in the
interests of decency and requested the City Manager provide an update on utility
communications.
CITY MANAGER'S UPDATE:
Interim City Manager Paul Emery requested Dukku Lee, General Manager of the Anaheim
Public Utilities provide a detailed overview of the proposed utility increases.
Mr. Lee announced that the commodity cost of water in Anaheim was the same regardless of
the customer, whether it was for residential use or small or large business use. He explained
there was a charge for residents versus large commercial users that increased with the larger -
sized meters and businesses were paying a higher amount for the meter charge. In terms of
the process used, Mr. Lee emphasized, Anaheim followed the mandates of the State
constitution, as did all other public agencies, a protocol that was established because access to
clean, safe and reliable water was essential for communities. He added staff worked closely
with the City Attorney's office to ensure all protocols were followed as required. For those
customers requiring Spanish translation, Mr. Lee pointed out that 550 customers signed up to
receive notices in Spanish, which were mailed to them and that the public notice clearly and
City Council Minutes of December 23, 2014
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boldly stated that if any person had questions regarding the public notice, to please call the
department and a Spanish translation would be sent.
Mr. Houston noted that this explanation was in response to a question raised during public
comments and as the matter had not been agendized, it was not appropriate for discussion at
this time. Mayor Tait remarked he was concerned about earlier statements made that if a
customer did nothing, the increase would be approved. Mr. Houston remarked he could answer
that question, responding that Proposition 218, part of the California Constitution in Article 13,
specified the manner in which fees for services and service charges were adopted by an
agency, pointing out these increases were not taxes. Under Prop 218, fees could be increased
or changed by a majority protest vote, and that was the constitutional requirement and there
was nothing the city could do to change that process. In order for a fee that was proposed to be
rejected, a majority of property owners must pass a ballot to protest that fee adoption. He
pointed out that certain types of charges and fees were deemed to be so critical by the State
Legislature and the California voters that a vote was not required for approval and instead a
protest was required. Mayor Tait requested a briefing on that process at a later date with Mayor
Pro Tem Murray stating it would be helpful to have an update for council at some future date.
Mayor Tait recommended that the subject be moved to a workshop in January.
In response to an earlier comment about the need for sober living homes, Council Member
Kring remarked those homes were supported and managed by private industry and the city was
not involved in establishing those types of residences.
At 6:40 P.M., Council session was recessed to consider the Housing Authority, Housing and
Public Improvements Authority and the Public Financing Authority agendas. City Council
reconvened at 6:42 P.M.
CONSENT CALENDAR: Council Member Kring removed Item Nos. 16, 17 and 18 for further
discussion. Mayor Tait indicated he would abstain on Item Nos. 23, 24 and 25 citing a potential
conflict of interest as his firm worked with OCTA and Lennar Homes of California this past year.
Council Member Brandman then moved to waive reading in full of all ordinances and resolutions
and to adopt the balance of the consent calendar as presented, in accordance with reports,
certifications and recommendations furnished each city council member and as listed on the
consent calendar, seconded by Council Member Kring. Roll Call Vote: AYES — 5: (Mayor Tait
and Council Members: Brandman, Kring, Murray and Vanderbilt.) NOES — 0. Motion Carried
B105 11. Receive and file minutes of Sister City Commission meeting of October 20, 2014, Public
Utilities Board meeting of October 22, 2014 and Cultural and Heritage Commission of
November 20, 2014.
D117 12. Approve the 2015 Investment Policy for the City.
D117 13. Approve the Investment Portfolio Report for November 2014.
14. Remove a member of the Budget, Investment, and Technology Commission (Trevor
B105 Austin), effective immediately, pursuant to Section 1.04.396.010 of the Anaheim
Municipal Code, Ordinance No. 6066.
D116 15. Adopt a list of recurring annual recognitions for the 2015 calendar year and issue these
recognitions accordingly.
City Council Minutes of December 23, 2014
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AGR 8136.1 19. Approve the First Amendment to Agreement with Topp Strategies, in the amount of
$12,500 per month, extending the agreement for state advocacy services for three
months with an option for the City Manager to extend for an additional three months on a
month to month basis.
20. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the
D180 Purchasing Agent to issue purchase orders as necessary for Motorola 800 MHz radio
equipment, in accordance with the Orange County Contract Equipment Price Book for
the Countywide Coordinated Communications System.
21. Approve an Amendment to the License and Services Agreement with the Anaheim
AGR 6693.1 Family YMCA, a non - profit corporation, to utilize Pearson Park's pool to conduct
summertime public swim and aquatics program and clarifying the swimming and water
safety certification program.
22. Approve the Agreement for Acquisition of Real Property with Elias Vega - Abalos and
P121 Brenda 1. De La Pena - Silvadanio, in the acquisition payment amount of $457,000, for
AGR -8609 property located at 2203 West Falmouth Avenue for the Brookhurst Street Improvement
Project from 1 -5 to the SR91 Freeway (RIW ACQ2013- 00471).
23. Approve the License Agreement with Orange County Transportation Authority (OCTA)
AGR -8610 for certain commuter rail station crossings located on OCTA right -of -way at 2626 East
Katella Avenue at ARTIC and authorize the Director of Public Works, or designee, to
execute any amendments and related documents and take any actions deemed
necessary to implement and administer the agreement.
Mayor Tait recorded an abstention on this item. Motion to approve made by Council Member
Brandman, seconded by Council Member Kring. Roll Call Vote: AYES — 4: (Mayor Pro Tem
Murray and Council Members: Brandman, Kring and Vanderbilt.) NOES — 0. ABSTENTION —
1: Mayor Tait Motion to approve carried.
24. Approve the Final Map and Subdivision Agreement with Lennar Homes of California,
AGR -8611 Inc., for Tract No. 17657 for property located at 1531 -1627 East Lincoln Avenue for a 76-
unit residential condominium subdivision.
Mayor Tait recorded an abstention on this item. Motion to approve made by Council Member
Brandman, seconded by Council Member Kring. Roll Call Vote: AYES — 4: (Mayor Pro Tem
Murray and Council Members: Brandman, Kring and Vanderbilt.) NOES — 0. ABSTENTION —
1: Mayor Tait Motion to approve carried.
25. Approve Amendment No. 3 to Agreement No. C -9 -0413 with the Orange County
AGR- 5742.3 Transportation Authority for the Orangethorpe Corridor Grade Separation Program
authorizing the combination of the existing funding into one service item with no net
change to the total amount of the agreement.
Mayor Tait recorded an abstention on this item. Motion to approve made by Council Member
Brandman, seconded by Council Member Kring. Roll Call Vote: AYES — 4: (Mayor Pro Tem
Murray and Council Members: Brandman, Kring and Vanderbilt.) NOES — 0. ABSTENTION —
1: Mayor Tait Motion to approve carried.
City Council Minutes of December 23, 2014
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AGR -8612 26. Approve and authorize the Director of Public Works to execute agreements with Group
AGR -8613 Delta, Inc., Koury Engineering & Testing, Inc., Kleinfelder, Inc., and Albus -Keefe &
AGR -8614 Associates, Inc., in an amount not to exceed $400,000 per work order, for on -call
AGR -8615 geotechnical services.
27. Approve a Purchase Order with the Metropolitan Water District of Southern California
(MWD) to obtain imported water from MWD through December 31, 2024 and authorize
AGR- 7415.B the Public Utilities General Manager, or designee, to execute the Purchase Order and
related documents and take the necessary actions to implement and administer the
Purchase Order.
28. Approve an Amended and Restated Renewable Power Purchase and Sale Agreement
with Westside Assets, LLC for the purchase of solar energy for a twenty -five year term
AGR- 8157.A and authorize the Public Utilities General Manager to execute the Agreement and any
other related documents or agreements including but not limited to, a collateral
assignment agreement, and take all necessary, required or advisable actions to
implement and administer the Agreement.
29. RESOLUTION NO. 2014 -209 A RESOLUTION OF THE CITY COUNCIL OF
E150 THE CITY OF ANAHEIM approving amendments to the Conflict of Interest Code for the
City and various City agencies.
30. RESOLUTION NO. 2014 -210 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM adopting the Measure M2 Expenditure Report and authorizing
D175 the City of Anaheim Finance Director to sign and submit the Expenditure Report to the
Orange County Transportation Authority on behalf of the City of Anaheim.
31. RESOLUTION NO. 2014 -211 A RESOLUTION OF THE CITY COUNCIL OF
P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
certain real properties or interests therein (City Deed No. 11783).
32. RESOLUTION NO. 2014 -212 A RESOLUTION OF THE CITY COUNCIL OF
B137.1 ANAHEIM,CALIFORNIA rescinding Resolution No. 2014 -140 (Anaheim Convention
Center Expansion financing).
D114 33. Approve minutes of the Council meetings of November 18, 2014 and November 25,
2014.
END OF CONSENT CALENDAR:
16. Approve the City's support of the Los Angeles 2015 Special Olympics World Games by
D116 authorizing City staff to assist with Anaheim Host Town efforts including such things as
planning events and hosting athletes in Anaheim.
Greg Garcia, Deputy City Manager, explained this item would approve the city's support for the
2015 Special Olympics World Games in Los Angeles and would authorize city staff to assist the
Anaheim Host Town efforts including planning events and hosting athletes in Anaheim. He
indicated Los Angeles was the host city for this event in July 2015 with 7,000 national and
international athletes participating and an opening ceremony scheduled for July 25 at the
Memorial Coliseum. For the three days preceding the ceremony, cities across southern
California were being asked to welcome the delegates and provide a site for them to practice
and rest before the games. He indicated the Host Town committee was comprised of various
City Council Minutes of December 23, 2014
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stakeholders and together with the Host Town staff would coordinate food, lodging,
transportation and training, adding that Chapman University agreed to provide the lodging for
the athletes that would be hosted by Anaheim and that Host Town would raise the necessary
funds to cover associated costs.
Council Member Kring was supportive of this event, and brought it to the attention of the public
to showcase Anaheim's partnership in the 2015 World Games and moved to approve Agenda
Item No. 16, seconded by Mayor Pro Tem Murray. Roll Call Vote: AYES — 5: (Mayor Tait and
Council Members: Brandman, Kring, Murray and Vanderbilt). NOES — 0. Motion Carried.
17. Authorize staff to partner with the Orange County Community Foundation for the
D116 production of the 2015 Anaheim State of the City Luncheon and to donate proceeds to
the Accelerate Change Together for Anaheim fund.
Mayor Tait announced that three years ago, city leaders came together after the civil unrest and
formed a group called ACT, Accelerate Change Together for Anaheim, to establish a fund to
provide services for older youths, particularly related to gang intervention. This year, with the
State of the City event coming up, the Mayor wanted to see the proceeds for that event go to
ACT for at risk youths and to accomplish that, the Orange County Community Foundation would
produce the event with proceeds from sponsorships going directly to the ACT fund.
Greg Garcia, Deputy City Manager, added staff was looking for council direction for the State of
the City event asking that a partnership with the Orange County Community Foundation be
considered. He added it was staff's intent to cover costs as much as possible with details to be
worked out with the Foundation.
Council Member Kring remarked that this was her 1 1 th year as a council member and she had
always been averse to having the State of the City occurring on the same day as a City Council
meeting because it made for a long day. In addition, she had attended several state of the city
addresses in other cities in which each member of the council had the ability to present a video
beforehand or be part of the presentation showcasing their particular focus and goals for the
city. Additionally, she expressed her concerns regarding ACT's funding to an organization
which supported Measure L during the November 2014 election.
Mr. Garcia remarked the event was currently set for Tuesday, February T a regularly
scheduled council meeting date with Mayor Tait adding that he had sent out "Save the Date"
reservations and at this point it had already been calendared for 2015. He remarked that the
date for the following year could take into account Council Member Kring's concerns. Mr.
Garcia added staff can look into creating video packages for the council and can address
Council Member Kring's concerns with ACT regarding the funding and report back to the
Council with their response.
Mayor Pro Tem Murray was supportive of raising funds for at risk youths and proposed a motion
to continue the partnership with the Chamber of Commerce and have them produce the event
but to have the net proceeds go to ACT, seconded by Council Member Kring. Mayor Tait
explained he would oppose that motion and that as the mayor it was his choice for the State of
the City to be a "city" event. His focus was to bring the public together in a non - divisive manner
and get the entire community involved and was the reason he chose to do it in this manner. He
added that he also wanted his presentation to incorporate each council member's goals and
ideas. Mayor Pro Tem Murray remarked that in keeping with the "kindness initiative," she
supported the partnership with the Chamber of Commerce to put the political chapter behind
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and bring the Chamber of Commerce to the table to continue their role. Mayor Tait emphasized
that he had no wish to start the year in a divisive manner and was hoping Council could move
forward with ACT benefitting from the event. Council Member Kring expressed concerns that
the Orange County Community Foundation may not have the experience to produce such an
event.
Michael Houston, City Attorney, pointed out that the agenda title identified a certain organization
for the action before council and in the event council wished to substitute a different
organization, the appropriate course would be for the item to be continued so it would be
properly agendized. After some discussion, Mayor Pro Tem Murray withdrew her motion.
Council Member Kring moved to continue the item and return at a future date with an amended
request; no second was offered and the motion failed.
Paul Emery, Interim City Manager, further explained he had placed this item on the agenda at
the request of a council member, an item that called for a partnership with the Orange County
Community Foundation with the intent of having them serve as a fiduciary role with respect to
the proceeds to be donated to ACT. Other than that, he noted, city staff had not been engaged
in the process and did not have authorization until this action to fully invest in this event. He
added staff was looking for direction from council in terms of sponsorships, production efforts
related to 3rd party event planners, all of those steps to have the event produced under the
timeline identified. Mayor Tait offered an apology to council, remarking he had moved forward
in procuring a date and with the production and sponsorship of the event in a manner that would
incur no cost to the city, which led to this item being agendized. He added that he wished to
include council member initiatives in the address as well and he appreciated council's
willingness to move forward. Council Member Kring wanted to insure the Orange County
Community Foundation had the ability to produce the event with Mayor Tait stating it would be
outsourced and managed by Ravel Inc., an event company that managed a National
Philanthropy luncheon for 900 participants. The focus was to keep the cost of the lunch as low
as possible with profits to be made by sponsorships that would reimburse any city costs and any
proceeds going to ACT. Mayor Pro Tem Murray remarked if the State of the City address was
moving from a business focus to a community- focused event that it not be about engaging the
business community over having neighborhoods and community leaders or service
organizations represented, but reaching out to entities that had not been involved.
Mayor Tait moved to approve Item No. 17, seconded by Council Member Vanderbilt. Roll Call
Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt.)
NOES — 0. Motion Carried.
D116 18. Direct staff to prioritize funding for critical neighborhood improvement projects as part of
the annual budget process.
Deputy City Manager Greg Garcia reported this item was for approval and direction to staff to
prioritize funding for critical neighborhood improvement projects as part of the annual budget
process. With the recent completion of the short term rental permit program and the application
of the city's transient occupancy ordinance (TOT) to these properties, staff was anticipating an
increase of revenues of approximately $750,000 annually to the city's General Fund beginning
next fiscal year. He noted while staff was not able to earmark those revenues for specific
projects or services, direction to at least prioritize neighborhood improvements as part of the
annual budget was sought, and if approved, staff could then address new neighborhood
improvement projects separately as part of the 2015/16 budget presentation in June.
City Council Minutes of December 23, 2014
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Council Member Kring remarked the community would appreciate prioritizing neighborhood
projects and she had brought this to the attention of the public to highlight the fact that Anaheim
was paying attention to its neighborhoods.
Council Member Kring then moved to approve Agenda Item No. 18, seconded by Mayor Pro
Tem Murray. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Kring,
Murray and Vanderbilt). NOES — 0. Motion Carried.
34. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM, CALIFORNIA, creating an Ad Hoc Advisory Committee of less
than a quorum of the City Council to advise the Council and to advise staff in matters
related to negotiating an extended or new lease(s) pertaining to Angels Stadium of
Anaheim and surrounding city -owned property.
Select two Council Members to serve on the ad -hoc advisory committee.
Motion:
This item was continued from the November 25, 2014 meeting and was withdrawn by
staff, No action taken.
35. Nominate and appoint one Council Member to serve as Mayor Pro Tem for the 2015
D113 calendar year.
Mayor Tait thanked Kris Murray for serving with distinction as Mayor Pro Tem for the past year,
adding that he appreciated her efforts in that role throughout the year. In keeping with the
tradition of rotating the Mayor Pro Tem position on a seniority basis, Mayor Tait nominated
Council Member Brandman as the Mayor Pro Tem for the 2015 calendar year. Council Member
Brandman responded that he appreciated the nomination but felt the rotation period should take
into account cumulative seniority and put forth Lucille Kring for the Mayor Pro Tem position,
seconded by Mayor Tait. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members:
Brandman, Kring, Murray and Vanderbilt). NOES — 0. Motion Carried.
PUBLIC HEARING:
36. This is a public hearing to consider a resolution for the issuance of revenue bonds in two
series by the City of Fullerton Public Finance Authority, in a combined aggregate
B137.1 principal amount of not to exceed $36,000,000.
RESOLUTION NO. 2014 -213 A RESOLUTION OF THE CITY COUNCIL OF
ANAHEIM approving the issuance by the City of Fullerton Public Financing Authority of
not to exceed $36,000,000 aggregate principal amount of revenue bonds to finance and
refinance certain educational facilities for the Marshall B. Ketchum University and
authorizing other matters relating thereto.
John Woodhead, Community Development Director, reported the City of Fullerton had received
a request by Marshall B. Ketchum University to issue up to $36 million of conduit revenue bonds
on its behalf. The 2015 Bonds would do the following: 1) refinance the existing 2004
Certificates of Participation (in the amount of $15.43 million that was issued previously by the
Fullerton Redevelopment Agency); 2) be used to finance new improvements to existing facilities
at the Fullerton campus; 3) to finance the potential acquisition of property from the City of
Fullerton as well as acquisition of a new building; and to finance improvements to the building
City Council Minutes of December 23, 2014
Page 11 of 12
that would be located in the city of Anaheim. He explained that since this project had a
component physically located in Anaheim, the city was required to hold this public hearing.
Specifically, Ketchum University would procure and renovate a vacant office building located at
5460 La Palma Avenue to serve as a new campus facility for the University's Eye Care Clinic,
research and other facilities. Mr. Woodhead stated the project was consistent with all Planning
Department requirements and no discretionary action was required. In addition, the University
expected the Anaheim project to generate 95 new jobs and about 35 construction jobs, with
construction to begin in the spring of 2015 and be completed with six to 12 months.
Mr. Woodhead indicated approval of this item would reflect council's approval of financing for
the Marshall B. Ketchum University to be issued by the City of Fullerton Public Financing
Authority in an amount not to exceed $36 million and allow for the bonds to be issued in January
2015.
Mayor Tait opened the public hearing for comments.
William Fitzgerald, Anaheim Home, offered his viewpoint of actions or comments from council
members and staff. He also opposed the proposed conduit bond financing, stating that the
purpose of the $36 million bonds were to pay off $15.4 million owed to the City of Fullerton and
to open a small for - profit facility in Anaheim, while claiming a tax exemption as an education
facility. Mayor Tait objected to the language used and asked Mr. Fitzgerald to get his point
across without the use of inappropriate language.
Mayor Pro Tem Murray appreciated Mayor Tait and Council Member Vanderbilt's support for
civility and decorum.
With no other comments offered, Mayor Tait closed the public hearing.
Council Member Vanderbilt remarked that the Ketchum University was formerly the Southern
California School of Optometry located near CalState Fullerton and its students had volunteered
free eye exams for low income students at the Anaheim City School District. He added non-
profit colleges versus for - profit institutes operated differently with Mr. Garcia confirming that
Ketchum University as a non - profit college was held to a higher standard by the IRS and funds
must be used for educational services. Mr. Vanderbilt brought this to the attention of the public
as a previous speaker indicated the university would have no benefits for Anaheim residents.
Mayor Tait inquired if there were any possible financial risks to the City of Anaheim by
approving this item. Mr. Woodhead responded there was no liability whatsoever as this was a
conduit financing being implemented by the Fullerton Finance Authority and bondholders would
look to the school to make payments to the Fullerton Finance Authority.
Council Member Kring moved to approve RESOLUTION NO. 2014 -213 OF THE CITY
COUNCIL OF ANAHEIM approving the issuance by the City of Fullerton Public Financing
Authority of not to exceed $36,000,000 aggregate principal amount of revenue bonds to finance
and refinance certain educational facilities for the Marshall B. Ketchum University and
authorizing other matters relating thereto, seconded by Mayor Pro Tem Murray. Roll Call Vote:
AYES — 5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt). NOES
— 0. Motion Carried.
REPORT ON CLOSED SESSION ACTIONS: None
City Council Minutes of December 23, 2014
Page 12 of 12
COUNCIL COMMUNICATIONS:
Council Member Brandman spoke about his attendance at the celebration of life for Theresa
Pawlowski, a long -time community volunteer in Anaheim, asking that this meeting be adjourned
in her memory. He acknowledged Fire Chief Randy Bruegman for his department and
volunteers setting a new Stuff A Bus record of 27 buses filled with toys for their annual toy drive
as well as the Police Department's Cops 4 Kids successful toy drive. He also requested staff
include a renewed resolution supporting and urging comprehensive immigration reform for the
next agenda.
Mayor Pro Tem Murray spoke about Theresa Pawlowski and her lasting legacy in Anaheim.
She thanked the Police and Fire Departments and the various nonprofits that came together to
support Anaheim's youth during the holiday season and encouraged volunteers /donations for
the Holiday Bruch sponsored by the K &A Cafe on December 24 Mayor Pro Tem Murray
requested an agenda item for a charter amendment requiring a 2/3 vote of the city council to put
any tax increases before voters for the 2016 ballot.
Council Member Vanderbilt remarked that donations were still being accepted by the Spark of
Love toy drive, St. Catherine's Academy and St. Boniface Church in honor of Theresa
Pawlowski. He addressed the unscheduled vacancy on the Anaheim City School District board
as a result of his election to the city council and encourage residents to make application by
Monday, December 29, 2014. He shared that contributions had been made in each council
member's name to the Anaheim Community Foundation.
Council Member Kring expressed her appreciation to Council Member Vanderbilt for his
donation on behalf of the Anaheim City Council. She spoke of attending Theresa Pawlowski's
celebration of life and the posada at Anna Drive and recognized Cops 4 Kids, Walmart, Big Lots
and all the volunteers who made this holiday season memorable. Addressing the need to assist
West Anaheim residents and businesses and to ensure a quality of life incentive program for
businesses and motels particularly along Beach Boulevard and Lincoln Avenue, Council
Member Kring requested staff bring forward and ordinance pertaining to hookah lounges.
Mayor Tait indicated he had attended the posada at Anna Drive, and commented on the many
great events that happened throughout the City and the many acts of kindness, civic pride and
spirit of service shown by all. He thanked city staff for their hard work and dedication and the
Anaheim citizens for their inspiration.
Each member of the city council offered best wishes and a prosperous new year for all.
ADJOURNMENT:
At 7:56 P.M., Mayor Tait adjourned the December 23, 2014 meeting in memory and honor of
Theresa Pawlowski.
Rspeetfufl sr fitted,
Linda N. Andai
CMC
City Clerk