01/06/2015 ANAHEIM CITY COUNCIL REGULAR AND REGULAR
AJOURNED MEETING OF JANUARY 6, 2015
The regular meeting of January 6, 2015 was called to order at 3:00 P.M. and adjourned to 3:30
P.M. for lack of a quorum. The regular adjourned meeting of January 6, 2015 was called to
order at 3:35 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 January 2, 2015.
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
Assistant City Clerk Theresa Bass.
UTLITY RATE WORKSHOP:
Dukku Lee, Utilities General Manager, provided an update on Anaheim's water and electric
utility rates; how they were structured, how Anaheim compared to other cities /utilities and the
process for adjusting those rates.
WATER UTILITY: In terms of governance, he noted, Anaheim City Council oversaw utility
matters, setting rates and conducting hearings. The utility was a "not for profit" enterprise,
meaning the cost to purchase supplies and deliver service was passed onto the ratepayers,
and, in addition, Anaheim had no utility user tax and did not include utility charges on property
tax bills. He emphasized that water and electricity were heavily regulated industries and capital
intensive enterprises and that all of these factors together drove the cost of providing electricity
and water to Anaheim's customers. Although City Council made the ultimate determination over
utility matters, he emphasized regulatory compliance must also be met via various state and
federal laws, offices and agencies.
Facts about Anaheim's Water System: There were two water suppliers for the city; Metropolitan
Water District (MWD) and Orange County Water District (OCWD). There were 750 miles of
pipe in the water system, a treatment plant, 13 reservoirs, 9 pump stations, 17 wells and 7,800
fire hydrants all providing services to 348,000 residents, 15,000 businesses and 20 million
visitors. Water reliability was measured by the number of main breaks occurring in the city with
Mr. Lee emphasizing that Anaheim was one of the top performing agencies with main breaks
less than the industry standard. He added the slight upward trend in breaks reflected reduced
investments purposely made during the economic downturn and that proactive replacements
were now being recommended to maintain reliability. At this point, he remarked the Utility would
like to see this slight upward trend reversed by reinvesting in the system and to redo about 7 to
8 miles of pipe a year, rather than the usual 3 to 4 miles of pipe, acknowledging that rising
construction costs were likely to be a factor as well.
Water Delivery Costs: Mr. Lee reported the cost of water delivery for customers reflected the
following components: 6% customer support (labor associated with service representatives and
the supplies and equipment costs for doing business), 16% operation and maintenance
{pipeline workers), 13 % treatment and pumping (treating wastewater was cheaper than
purchasing new water supply); 16% infrastructure costs (the debt service cost that helped fund
the capital system including the replacement of a 4 million gallon tank to help with fire flows and
a storage facility for central Anaheim and the biggest element, 49% related to the cost of
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purchasing water supplies. Those costs, he explained, were accumulated and a per unit
commodity cost was then applied uniformly across all customer classes. He added since
Measure N was not approved in November, those dollars could now be used to help offset
capital improvement costs.
Putting this into perspective, Mr. Lee remarked a $1 pint of water could be purchased; however,
Anaheim Utilities could deliver 365 gallons of water for that same figure. Compared to other
Orange County water agencies with an average monthly water rate of approximately $67 a
month, Anaheim's $47.20 monthly cost (to be increased to $52) was still the lowest rate around.
Mayor Tait asked if other agencies had the same amount of mix between groundwater and
purchased water with Mr. Calkins replying that about two - thirds had the same mix, 70 percent of
ground water and 30 percent of imported. Mayor Tait suggested those agencies should be
used in comparison to Anaheim rather than all Orange County municipalities.
ELECTRIC UTILITY: Mr. Lee remarked electricity was different in that the technology to store
that product was not available yet and it must be produced as it was consumed. He indicated
that 11 western states were interconnected in a regional grid: Washington, Oregon, Idaho,
Montana, Wyoming, California, Nevada, Utah, Colorado, Arizona and New Mexico and that
regional reliability was crucial in preventing widespread outages. He added that the California
ISO managed 80 percent of the state's grid and that Anaheim was part of that larger grid and
contributed to power markets via power plant ownerships, contracts and market purchases. For
the city's local system, there were 140 circuits operating in Anaheim, two power plants, 13
substations, and its 115,000 meters reflected 348,000 residents, 15,000 businesses and 20
million visitors.
Electric Costs: The city's electrical costs reflected the following makeup: 3% customer support,
8% O &M (lineman and troubleshooters), 18% infrastructure (a robust system in terms of
reliability which had to do with replacing aging transformers and wires), 11% regulatory (those
major initiatives passed by the state which required a renewabies portfolio of 33% by 2020 with
Anaheim working toward divesting its portfolio of coal resources), and 60% power supply
purchases.
To answer the question as to why electric rates were different, Mr. Lee explained water was
stored while on the electric side, it reflected a market that fluctuated even on a 10 minute basis.
There were off peak prices in evenings and early mornings with some variability to pricing to
allow residents to have a flat rate. There was also a time -based option for residents but as of
yet no homeowner was taking advantage of that option and it was up to the residents as to how
they used their energy. Peaking power plants, he added, were also built to meet short periods
of high customer usage and large business users paid electric rates that were time -based to
encourage reduction of load during peak hours.
Rate Comparison: Mr. Lee emphasized Anaheim's monthly residential electric bill
(approximately 500 kilowatt hours per month) was 24 percent less than the average of other
Orange County cities. There was also no utility user tax, and variable market purchases made
up about 20 percent of the portfolio. As resources were contracted for longer periods of time,
costs were more stable and was reflected in the future proposal, transitioning from variables to
fixed market purchases with longer term contracts.
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Rate Process: Proposition 218 amended the California Constitution which required voter
approval for taxes, however, Mr. Lee pointed out, electrical, telecommunication and natural gas
rates were exempt, governed by city councils, special districts or the California Public Utilities
Commission. In addition, water, sewer and refuse rates were required follow state procedures
requiring public hearing and noticing and a majority protest process. The City Charter
mandated that public hearings were conducted by the Public Utilities Board and that utility rates
must follow certain criteria to recover costs and since, he explained, there was no profit margin
all costs were considered a pass- through. Mr. Lee noted there were three options available to
Anaheim; i.e., the city could increase base rates whenever there was a supply increase, with
some communities passing a 4 -5 year rate increase in order to collect for the next 4 -5 years or
the city could increase financial reserves and agencies could over - collect to insure there were
sufficient funds to recover costs. A third option was tied to wholesale costs for water and power
and in this case, he stated, the goal was to keep money in residents' pockets to make it easier
on residents and businesses in Anaheim adding that credit rating agencies now recognized this
approach as an alternative. Comparing Anaheim with other Orange County cities, there was a
perceived benefit of $250 a year for residing in this city.
Scheduling Dates: The Public Utilities Board hearing for water rates was scheduled for January
28 In February, council would review a regulatory relief initiative to eliminate duplicative water
rate schedules and sometime during 2015, staff would be looking at income qualified discounts
of 10 percent to include applicable military veterans and to phase out electric water heater
discounts no longer applicable.
Mayor Pro Tem Kring remarked the overall trend for water main breaks appeared to be targeting
down with Mr. Lee responding that Utilities Assistant General Manager Don Calkins took
extraordinary measures to reduce main breaks but some factors were out of the city's control
and it was time to begin planning for replacement. Council Member Vanderbilt questioned the
main break benchmark wondering whether it was a national trend and took into account older
utilities. Mr. Lee responded older utilities in the midwest and the east were included. Typically,
he added, water pipes lasted about 100 years depending on other impacting factors and
Anaheim's system was nearing 90 years.
Council Member Murray praised the Department for its early stance in moving toward renewable
energy, asking about the current portfolio mix. Mr. Lee indicated the city was on target with just
over 20 percent in renewabies and in making sure Anaheim rates were staying significantly
lower than other cities. Council Member Brandman asked if staff anticipated other Orange
County water agencies either increasing at the same rate or higher during the same period, with
Mr. Lee responding that a 2013 study had been analyzed and it was more likely the rates for
other agencies were higher now but that Anaheim would remain 22 to 23 percent below those
agencies. On the electric rate side, staff anticipated rates would remain stable at 24 to 28
percent below other agencies, as the Department worked to hold prices static for as long as
possible, while aggressively moving to a more renewable portfolio on both water and power.
Regarding the protest process, Council Member Vanderbilt remarked it was a lot of information
packed into one page, wondering if there was any consideration in making the voting process
easier. Mr. Lee remarked there had been considerable outreach to the community, consisting
of memorandums, public hearing notices, and the customer alert section on the city's website
regarding why and how rates were being adjusted. He added that staff responded to any
request for a public speaking engagement to get the word out as well and would look for other
opportunities to reach the community.
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DISTRICTING OVERVIEW WORKSHOP:
Theresa Bass, Assistant City Clerk, introduced the districting workshop explaining it was offered
in response to Mayor Tait's request to provide council with a general overview of Measures L
and M, recently approved by Anaheim voters. City Attorney Michael Houston and consultant,
Ben De Mayo, former County Counsel with the County of Orange, would assist in the
presentation regarding council's role in this process, steps staff had taken to date and plans to
move forward.
Michael Houston stated the voters approved Measure L by 68.8 percent last November, a
measure that required council members elected in 2016 and thereafter to live in and be elected
from a geographical district and only by voters of that district. There would be only one council
member from each district with the mayoral position remaining at large. He added the Election
Code required council establish districts no later than July 6, 2016 and that no current council
member's term of office be cut short or require residence in a district. Mr. Houston noted that
council had the ultimate responsibility for approving districts and that those districts must comply
with state and federal law as well. Council could also establish other permissible criteria for a
district shape and must also establish a transition plan to move from the present "at large"
system to a "by district" system to allow for election to newly created seats and to identify those
seats for election in 2016 and 2018. He added that Measures L and M required two seats that
would be up for reelection in 2016 to be placed on the ballot plus two more additional seats.
Mr. Houston noted Measure M had been approved by 54.2 percent of the voters in the
November election and increased the size of the city council from its present configuration of
four to six plus the mayor for a total of seven council members. The increase would occur at the
November 2016 election as follows: two existing council seats that would have already been on
the ballot plus two newly created council seats and all four seats would be required to be
elected by districts. Following the November 2016 election, one of the four elected council
members would be randomly selected to serve a shorter two year term with the remaining three
serving four year terms. That requirement, he explained, was included in Measure M to have
the term cycle back to the normal council manic election of having three council members up
per election cycle, consistent with the two seats that were currently up for every cycle.
Mr. Houston reported the settlement agreement between the city and plaintiffs who brought a
challenge to the city's at large electoral system was reached in early 2014, important because
the agreement contained a component as to how the districting process would occur. He
pointed out there was no court oversight of the districting process which was different from other
cities that had settled similar claims. Council would retain the discretion and authority to
ultimately select the district maps both under the city charter and the settlement agreement.
The settlement agreement did require a committee be established to assist in developing district
boundaries and to recommend for adoption by the city council those district boundaries. It also
required council to appoint a committee of either a panel of three retired Orange County
Superior Court Judges registered to vote in Anaheim, and if they were not available, then a
committee of up to nine Anaheim voters could be established. He added staff would present a
resolution to establish an advisory committee and to identify districting criteria and address
related matters at a future meeting.
Mr. Houston remarked the preference was for a panel of three retired Orange County Superior
judges registered to vote in Anaheim to make up this committee and significant outreach had
already been extended to the Orange County Superior Court in December 2014. The court had
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responded that only one retired judge had been identified as a resident and voter in Anaheim
and he had indicated an interest in serving on such a committee if one were able to be
established. Mr. Houston added that to broaden the pool, staff was in the process of
determining if there were other federal or state judges in Anaheim or the vicinity in case the
retired judge panel could not be satisfied under the settlement provision. He explained that
specific provision had been requested by the plaintiffs and put into the settlement agreement at
their request. In the event the pool could not be widened, Mr. Houston indicated staff would
seek input from council as to whether they wished to direct the City Attorney's Office to consider
amending the Settlement Agreement to seek judges from a broader pool, both with respect to
the bench they might have served on as well as judges outside the city of Anaheim, although
preference could be given to those residing in Anaheim.
Mr. Houston added that amending the settlement agreement would make it easier to find
judges. He mentioned having had preliminary discussions with one of the plaintiff's counsel on
the concept of amending the settlement agreement, should council be interested in doing so,
but the plaintiff's counsel had not received a definitive answer at this point in time. Alternatively,
he explained, if a committee of judges was not possible due to either a lack of interest or failure
of qualification, then council must create or appoint a committee of up to nine Anaheim voters
who were broadly representative of the city, were not a council member or mayor and who
would be willing to declare they would not run for council seats in either 2016 and 2018.
Ben DeMayo then discussed the districting process and its first principle, complying with an
equal population among districts. He emphasized the total population in each district must be
as close to equal as possible under the US Constitution and the California Elections Code. In
addition, the Federal Voting Rights Act required minority groups to have equal power to elect
candidates of their choice as do other groups. He added that the Supreme Court had also held
in certain 5:4 decisions, that there could not be any racial gerrymandering; i.e., using race as
the sole criteria by which a district boundary was created. In addition, California has its own
rules for charter cities; that is, equality of population could consider topography and geography,
both manmade and natural features, cohesiveness, contiguity, integrity and compactness of
territory as well as community of interest. Several elements related to community of interests
such as ethnicity, economics, use of community facilities impacted by the same features,
schools, and other factors. Population growth could be reviewed if council believed there was
an area of the city that would grow significantly faster than another. The last item was to
provide voters with the opportunity to retain their elected representatives, if they chose to do so.
Mr. Houston remarked that both state law and the city charter required council establish district
boundaries and that responsibility could not be delegated to others, however, an advisory body
could make recommendations to the governing body. In addition, state law also required three
public hearings of which two must be held by council prior to adoption of district boundaries, that
council establish criteria to be considered in determining district boundaries and that the charter
required council establish rules for transitioning to increased numbers of council seats and the
new districts.
Ms. Bass stated the most important part of Measure L was ensuring that district boundaries
were properly drawn while taking into account the mapping criteria outlined by Mr. De Mayo. To
guarantee that all criteria was followed and the community was engaged, she stated staff was in
the process of reaching out to experts in the area and upon selection would enter into a contract
with a demographic consultant. The demographer would be expected to provide an analysis
and an evaluation of the Anaheim community based on the current census. The demographer
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would be expected to provide tools to the public to create and comment on district maps and
provide or present a number of draft maps based on community input and the committee
direction for council approval. She added community outreach was key to insuring the public
was aware and provided with a number of opportunities to be involved and be heard. She
added staff would contract with a consultant and if necessary was open to exploring the
opportunity to partner with an outreach specialist as well.
She added to ensure all members of the public were informed about the mapping process and
had a chance to participate, in additional to public meetings with the council appointed advisory
committee, staff would also hold community public meetings throughout the city together with
the demographer and was prepared to hold these meetings at a time that was convenient for all
involved including evenings and weekends. A Spanish interpreter would be available at each of
these meetings and would be available for any other language. The agendas would be
available in various languages and to be consistent with the Voting Rights Act and the
settlement agreement, and staff was committed to pursuing a comprehensive public outreach
plan through a communication strategy such as developing a dedicated website, identifying and
engaging community groups and interested stakeholders as well as press releases and public
service announcements. Social media would be part of the mix as well as Anaheim's current
communications outlets such as the local cable channel, Anaheim magazine and utility inserts.
As a final wrap up, Ms. Bass reported, this timeline represented an ambitious goal to
accomplish districting by the end of this calendar year. This month the City Clerk's office filed
required certified documents to the Secretary of State and upon acceptance, the charter
amendments would take immediate effect. She pointed out that on today's agenda, the City
Attorney's office requested repeal of Ordinance No. 6280, which was a requirement of the
settlement agreement because Measure L passed. During the month of February staff would
finalize the process for the committee structure and would be prepared to present the structure
appointments and districting criteria to council sometime between March and April. Once the
committee was appointed and criteria determined, the City Clerk's Office, City Attorney's Office,
and the Advisory Committee, together with the demographer would hold a number of public
meetings and would schedule a number of community meetings for the public. Between
October and December 2015, staff would schedule the three required council public hearings for
boundary maps and transition plan and the boundary map would be filed with the Registrar of
Voters by July 6, 2016 pursuant to the Election Code. She explained that the advanced time
line was to ensure staff gave council enough flexibility should they wish to continue the matter or
call additional public meetings or hearings.
Mayor Tait remarked the panel of judges appeared best in his opinion as it reflected a non -
biased approach and that judges were familiar with the law and could understand the criteria
involved; Mayor Pro Tem Kring concurred. Mayor Pro Tem Kring questioned whether it was fair
to shorten the term of one council member, remarking it someone was elected on a four year
basis, it was not fair to the electorate to say they were only able to serve for a two year period.
Mr. Houston emphasized the charter established the selection of a short-term council period
and there was no room for deviation; it was a component of Measure L and the impartial
analysis for the voters included a discussion on that topic. Council Member Vanderbilt
remarked that other officials in the legal system could be included in that list, such as judicial
officers, court commissioners, magistrates. Mr. Houston commented he believed a provision
broad enough to encompass other judicial officials or simply looking for judges outside of
Anaheim would likely yield a broader pool to draw from. Mayor Pro Tem Kring and Council
Member Murray both expressed they would like to have the districts completed by the end of
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this year to allow sufficient time prior to the November 2016 election. Mr. Houston stated the
timeline would allow for the public to not only comment on proposed maps but to submit their
own and give input, which could have council approving the maps in December 2015.
ADDITIONS /DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS:
Cecil Jordan Corkern offered personal comments unrelated to the closed session items.
At 4:51 P.M., Mayor Tait recessed to closed session for consideration of the following items.
CLOSED SESSION:
1. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of the California
Government Code Section 54956.9
Name of Case: Winifred Stuthers v. City of Anaheim, La Palma Royale Assisted Living,
et. al., Orange County Superior Court Case No. 30 -2014- 00744864- U- PO -CJC
2. 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),
associated /adjacent parking lots and other property collectively identified as APNs 232-
011-02, 06, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 47, 48, 50 and portions of Parcels 1
and 2 of Parcel Map No. 2006 -262, recorded in the Office of the County Recorder in
Book 357, Pages 25 through 34 of Parcel Maps, Orange County, California (as depicted
on diagram available at the office of the City Clerk)
Agency Negotiator: Tom Morton
Negotiating Parties: Angels Baseball, LP, City of Anaheim
Under Negotiation: Price and Terms of Payment Regarding Lease
At 5:29 P.M., Council session was reconvened.
INVOCATION: Pastor Jimmy Gaston, Church of Christ
FLAG SALUTE: Council Member Kris Murray
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Proclaiming January 19, 2015, as Martin Luther King Jr. Day
Proclaiming January 11, 2015, as Human Trafficking Awareness Day
Recognizing Anaheim Ducks player Teemu Selanne
Steve Hoem, Anaheim Ducks Hockey Team, remarked the team was preparing for January 1 to
when they would honor Teemu Selanne, one of the greatest Ducks players of all time. He
added with achievements on ice second to none, Teemu's No. 8 would be retired to the rafters
of Honda Center. Mayor Tait expressed his appreciation to Teemu and the team for their
generous participation in the GOALS program.
City Council Minutes of January 6, 2015
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Kathy Woodward, OC Black Chamber of Commerce, announced the 16 annual Martin Luther
King Jr. program would be held at the Orange County Food Bank once again, thanking the city
for their support for this organization and diversity within the city. Mayor Tait added that the
Anaheim School District, in celebration of an act of kindness, had thousands of school students
participating in a day of service in honor of Martin Luther King Jr. on the 16
Chief Raul Quezada introduced Captain Steve Davis, overseeing the Human Trafficking
program. Captain Davis spoke to the emotional scars and mental anguish suffered by those
caught in the human trafficking cycle and how the city's task force had teamed up with many
other law enforcement agencies and nonprofits to combat this crime. To date, over 786
investigations had been conducted, 108 victims identified and over 80 pimps arrested. He
added the results when a city and county came together and focused on solutions were
incredible.
Nahla Kayali, ACCESS California Services, thanked council for their continuous support in
improving the well -being of the community. She emphasized her organization served numerous
trafficking victims, offering counseling, job coaching, financial and housing assistance.
ADDITIONS /DELETIONS TO THE AGENDA: At the request of staff, Item No. 18 on the
agenda was continued to the January 27, 2015 meeting. A correction was made to Agenda
Item No. 21, to reflect Council Member Jordan Brandman as the current representative on the
Santa Ana River Flood Protection Agency.
PUBLIC COMMENTS (all agenda items):
Prior to receipt of public comments, a brief decorum statement was provided by Theresa Bass,
Assistant City Clerk.
Cecil Jordan Corkern, Outreach Homeless Ministries, discussed various passages of the bible.
Art Montez, LULAC, remarked his agency was encouraging local bodies and policy makers to
reach out to the communities affected under the Voting Rights Act to ensure districting maps
identified by consultants did not fail to identify polarizing voting areas. He added LULAC was
looking for legislation to counter that option and would seek other remedies if necessary. He
encouraged the city to identify those polarizing voting areas given that minorities had run during
the last election and that the city right the wrongs of years past.
Zeke Hernandez, LULAC, appreciated the redistricting workshop, adding that LULAC had
worked on this topic since the 1980's and recently worked with the AUHSD in their "by district
election" process. He encouraged allowing community groups of individuals to submit their own
districting maps to council, adding that he hoped to be able to work with the city to draw the
lines that fell within the civil rights act. Referring to the panel of judges, he urged the city to
work with the litigants to amend the settlement agreement for a broader array of candidates.
Nancy Rodriquez, a new resident addressing Item No. 15, warned of the potential for
unintended consequences for permit parking. She offered a number of questions regarding
permit costs, unexpected visitors, how to access city staff during off hours. Mayor Tait
remarked there would be a discussion on Item No. 15 and that some of those questions might
be answered at that time.
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Kurt Brunner, resident, reported there had been a death in the DeMeyere family and expressed
dismay that a scheduled meeting on the Brookhurst Street Improvement Projects had been
cancelled. He reported on the continuing problems his neighborhood experienced as a result of
this project.
Mayor Pro Tem Kring explained that she and her staff and a member of the Planning
Department had been ready to meet with Mr. DeMeyere and staff did not receive a response to
the numerous calls left for him. She hoped to be able to reschedule the meeting.
William Fitzgerald, Anaheim Home, stated AQMD had implemented mandatory no burn
restrictions for southern California, however, Disney fireworks still continued each day.
Brian Chuchua remarked that CATER supported Council Member Murray's proposal for a
charter amendment to require a 2/3 vote of the council to place any local tax measure on the
ballot to ensure Anaheim had the same level of taxpayer protection in place as a general law
city. He added CATER was ready to assist in the passage of this protection for the citizens of
Anaheim.
Michael Buss, Anaheim Arts Council, spoke to the Sacred Arts Festival, an event occurring on
March 21 to visit the various religious sanctuaries in the city for their art and cultural displays.
He discussed the need for sponsorship support and hoped city council would take the lead to
sponsor this event.
Duane Stout, speaking to Item No. 15, remarked in the past, his neighborhood had trouble with
parking caused by impacts of the trailer park on the west side of Candlewood, asking that the
council approve their request for permit parking.
John Dunton announced the formation of a nonprofit organization called California Crisis
Intervention Group, a multi - cultural, business group whose goal was to help families in southern
California who suffered personal tragedies, related to shootings, hit and runs and other
catastrophes. He added their focus was to give back to their communities.
Carol Latham, Anaheim Muzeo, highlighted four upcoming events for the month of January,
urging attendance by the community.
Camellia, spoke to Item No. 16, remarking that many of her neighbors had not received a ballot
or information on the proposed permit parking, and while she was sympathetic to her
neighborhood's concerns, she had questions regarding the permitting process that were not
answered.
Lilia Juarez, addressing Item No. 16, remarked she had no problem with parking on Paradise
and felt there were other resolutions to the parking issues raised.
Gill Coffman, addressing Item No.16, reported city staff had performed their due diligence and
all notices had been sent out to residents. It had been Mr. Coffman's experience that he was
unable to park near his home because of overcrowding from nearby apartments. He approved
of the process, remarking the ballot allowed his neighborhood to have a voice, and he hoped
council would approve their request.
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An unidentified speaker remarked that the state of Utah seemed to be on the right track towards
ending homelessness — giving them apartments first and answer questions later. He reported
calculating the annual costs of emergency room visits and jail stays, the average homeless
person cost $16,670 while the cost of providing apartments and a case worker reflected
$11,000 for each participant with the end result, those individuals became self- sufficient. He
added the current process was working, asking the city how it hoped to address this issue in the
future. Mayor Tait explained the Coming Home Anaheim initiative, and how a whole community
was becoming involved getting 260 homeless off the street the past year. He urged Community
Services Director Terry Lowe to set up the community meeting that had been discussed in the
near future and that progress continued to be made.
Donna Acevedo, resident, announced Anna Drive was organizing a neighborhood cleanup this
Saturday, inviting any community member to participate.
John Atilano, addressing Item No. 16, remarked those residents on the east side of Paradise
Road needed permit parking, asking that the city approve their request.
COUNCIL COMMUNICATIONS:
Mayor Pro Tem Kring addressed her inability to meet with Daniel DeMeyere, and looked forward
to rescheduling the meeting.
CITY MANAGER'S UPDATE:
Paul Emery, Interim City Manager, announced the dedication of Paul Revere Park for Saturday,
January 10, 2015. He also announced the January dates for Neighborhood Council meetings
(January 21 for the West District Council, January 22 for the East District, January 28 for the
Central District and January 29 for the South District Council).
CONSENT CALENDAR:
Council Member Vanderbilt removed Item Nos. 12 and 14 from the consent calendar for further
discussion. Mayor Tait pulled Item Nos. 15 and 16 and reported a potential conflict on Item
Nos. 6 and 11 as his firm had worked with County of Orange, OCTA in the past year and he
would therefore record an abstention. Mayor Pro Tem Kring moved to approve the balance of
the consent calendar in accordance with reports, certifications and recommendations furnished
each city council member and as listed on the consent calendar, seconded by Council Member
Murray. Roll Call Vote: AYES — 5 (Mayor Tait and Council Members: Brandman, Kring, Murray
and Vanderbilt). NOES — 0. Motion Carried.
B105 1. Receive and file minutes of Cultural and Heritage Commission meetings of August 21,
2014 and October 16, 2014.
2. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing
D180 Agent to issue a purchase order to Black Creek Integrated Systems Corporation, in the
amount of $404,576, to furnish and install an upgrade of the existing Black Creek
detention facility security control system for the Police Department.
City Council Minutes of January 6, 2015
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AGR 7731.11 3. Approve 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 amount by up to 10 %, if such
increase is necessary.
4. Determine that the proposal submitted by Grindline Skateparks, Inc. represents the best
value to the City, approve and authorize the contract, in its substantial form, with
Grindline Skateparks, Inc., in the amount of $499,983, for the design and construction of
AGR 8650 the Ponderosa Skate Park, waive any irregularities in the vendor documents, authorize
the Director of Public Works to execute related documents and take necessary actions
to implement and administer the contract, authorize the City Manager to execute the
stipend agreements for the three non - selected respondents, in a total of $2,500 each,
and authorize the Finance Director to execute the Escrow Agreement pertaining to
contract retentions in accordance with Public Contract Code section 22300.
D175 5. Approve speed lumps on Cris Avenue between Euclid Street and Nutwood Street as a
traffic calming measure.
AGR 5141.E 6. Approve and authorize the Fire Chief to execute a Transfer Agreement with the County
of Orange, acting through its Sheriff- Coroner Department in its capacity as the lead
agency for the Orange County Operational Area, for the 2014 State Homeland Security
Grant Program.
Mayor Tait abstained on this item. Roll Call Vote: AYES — 4: (Mayor Pro Tem Kring and
Council Members: Brandman, Murray and Vanderbilt). NOES — 0. ABSTENTION — 1:
Mayor Tait. Motion to approve carried.
7. Approve an agreement with Casey O'Callaghan Golf Course Design Inc., in the amount
AGR 8651 of $252,000, for comprehensive design and construction observation services for
Anaheim Hills Golf Course and authorize the Community Services Director to increase
the contract amount by up to 10 %, if such increase is necessary.
8. Authorize the Director of Community Services to exercise an option to extend the
AGR - 3394.0.1 agreement with Orange Unified School District for joint use of Anaheim Hills Elementary
School athletic fields with the same terms and conditions for an additional ten (10) years
upon expiration of initial term.
AGR- 4729.A 9. Approve an agreement with Carpi & Clay, in the amount of $8,000 per month, for federal
advocacy services for an initial term of six months with the option for the City Manager to
extend the agreement for an additional six months, as necessary.
10. RESOLUTION NO. 2015 -001 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM, CALIFORNIA, in accordance with and as a corollary to
R100 Resolution No. 2013 -053, expressing continued support for comprehensive federal
immigration reform and urging the 114th Congress to revisit and prioritize action on the
adoption and enactment of reforms that secure our borders, ensure economic strength,
and promote stronger communities.
City Council Minutes of January 6, 2015
Page 12 of 16
11. RESOLUTION NO. 2015 -002 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the Director of Community Services, or his
D150 designee, to submit a grant application on behalf of the City of Anaheim to the Orange
County Transportation Authority and Caltrans for Section 5310 Grant for Non - Urbanized
Public Transportation Systems, and if awarded, authorizing the acceptance of such
funding on behalf of the City and amending the budget accordingly.
Mayor Tait abstained on this item. Roll Call Vote: AYES — 4: (Mayor Pro Tem Kring and
Council Members: Brandman, Murray and Vanderbilt). NOES — 0. ABSTENTION — 1:
Mayor Tait. Motion to approve carried.
13. RESOLUTION NO. 2015 -004 A RESOLUTION OF THE CITY COUNCIL OF
0114 THE CITY OF ANAHEIM amending City Council Policy 5.8 relating to Neighborhood
Traffic Management Program.
P110 17. RESOLUTION NO. 2015 -006 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM vacating sidewalk easements generally located at 333 West
Ball Road pursuant to California Streets and Highway Code Section 8330, Et Seq. -
Summary Vacation (ABA2014- 00280- 81 -82).
18. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE
CITY OF ANAHEIM adding Chapter 13.14 (Dog Parks) to Title 13 (Parks and
M142 Boulevards) of the Anaheim Municipal Code relating to Dog Parks and amending
Subsection .010 of Section 8.08.080 of Chapter 8.08 of Title 8 and amending Subsection
.010 of Section 13.08.020 of Chapter 13.08 of Title 13 of the Anaheim Municipal Code to
be consistent with the addition of said Chapter 13.14.
This item was continued to January 27, 2015 at the request of staff. No Action Taken.
M142 19. ORDINANCE NO. 6313 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM repealing Chapter 1.25 of the Anaheim Municipal Code relating to the
establishment and implementation of Residency Districts for City Council Members.
0114 20. Approve minutes of the Council meeting of December 9, 2014.
END OF CONSENT CALENDAR;
D114 12. RESOLUTION NO. 2015 -003 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM amending City Council Policy 5.7 relating to permit parking.
Council Member Vanderbilt remarked he had visited all the proposed permit parking site areas
and understood council had amended the permit parking process last year. He also recognized
that the permit parking fee was not uniformly applied city wide and that there were underlying
reasons for this to have occurred. Regardless of the reasons and for the sake of uniformity and
fairness, he thought the city might be able to adjust this inequity. Mr. Vanderbilt indicated he
had brought this topic up for the sake of discussions but was not requesting to delay any action
on these items.
Mayor Tait remarked spillover parking onto neighborhoods from apartments or from convention
center attendees was a tough issue facing neighborhoods, asking if a fee was part of the
process with the rationale that those needed a parking permit would pay for it, while those that
did not would pass on that alternative. Natalie Meeks, Public Works Director, remarked it was a
City Council Minutes of January 6, 2015
Page 13 of 16
cost recovery method and that staff had tried to reduce the costs as much as possible; initially
the permit was $60 and the current $30 fee just covered the program and was not being
subsidized by the rest of the residents. He asked for details specific to the convention center,
with Ms. Meeks stating that many years ago due to events occurring at the convention center
and participants wishing to park in nearby neighborhoods rather than convention facilities, a
permit parking program was implemented, subsidized and paid for by the convention center and
was still in effect to date.
Mayor Pro Tem Kring asked if visitor permits were available if the city was closed with Ms.
Meeks responding that those type of permits were always available on line. Mrs. Kring remarked
she felt the process was effective and fair and that Public Works staff worked to ensure all
eligible residents were included in the decisions and she would be supporting each of the permit
parking items before the city council tonight. Ms. Meeks indicated that those eligible residents
who did not vote were counted as a "no" vote, which encouraged the proponents to get
everyone to participate; a threshold of 75 percent was necessary before the parking permit
program was enacted. Mayor Tait remarked that permit parking was the last resort and he
urged other options be considered prior to permits.
Mayor Pro Tem Kring moved to approve RESOLUTION NO. 2015 -003, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ANAHEIM amending City Council Policy 5.7 relating to
permit parking; seconded by Council Member Vanderbilt. Roll Call Vote: AYES — 5: (Mayor
Tait and Council Members: Brandman, Kring, Murray and Vanderbilt.) NOES — 0. Motion
Carried.
14. RESOLUTION NO. 2015 -005 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM expanding Permit - Eligible Parking District No. 3 and
D175 designating Trenton Place from Bayless Street to the end of the cul -de -sac and Bayless
Street from Kimberly Avenue to 1775 Bayless Street as "Permit Parking Only" Street
within Permit - Eligible Parking District No. 3 and determine the action is exempt from the
California Environmental Quality Act (CEQA) pursuant to Regulation No. 15061(b)(3).
Council Member Vanderbilt clarified that tonight's action would expand an existing permit
eligible district to include Trenton Place because that neighborhood had been impacted by
those parking permits previously issued for the neighboring streets. Ms. Meeks reported that
options had been presented during the community meetings but that the community only
wanted to pursue permit parking. He asked if no overnight or short -term parking had been
discussed with Ms. Meeks responding that one of the challenges of no overnight parking is that
no residents could park in the street, an option they did not favor. He asked if the overnight
parking could be restricted to certain hours with Ms. Meeks replying staff had put the option out
to restrict hours for permit parking to only night time hours, which was not supported by the
community.
Mayor Pro Tem Kring moved to approve RESOLUTION NO. 2015 -005 , A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ANAHEIM expanding Permit - Eligible Parking District
No. 3 and designating Trenton Place from Bayless Street to the end of the cul -de -sac and
Bayless Street from Kimberly Avenue to 1775 Bayless Street as "Permit Parking Only" Street
within Permit - Eligible Parking District No. 3 and determine the action is exempt from the
California Environmental Quality Act (CEQA) pursuant to Regulation No. 15061(b)(3), seconded
by Council Member Vanderbilt. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members:
Brandman, Kring, Murray and Vanderbilt). NOES — 0. Motion Carried.
City Council Minutes of January 6, 2015
Page 14 of 16
15. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM establishing Permit - Eligible Parking District No. 31 (Kenwood,
Norwood & Candlewood) and determine the action is exempt from the California
Environmental Quality Act (CEQA) pursuant to Regulation No. 15061 (b)(3).
16. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM establishing Permit- Eligible Parking District No. 32 (Paradise
Road) and determine the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Regulation No. 15061(b)(3).
Mayor Tait recommended Agenda Item Nos. 15 and 16 be continued to the next meeting to
address some of the comments brought up during oral communications regarding lack of proper
notification, seconded by Council Member Vanderbilt.
DISCUSSION: Ms. Meeks was asked if there was a way to track whether notices were sent
and the response was given that staff had the information on who and who had not responded
and whether the notice was delivered and would include those details at the next meeting.
Mayor Tait encouraged members of the community to contact Natalie Meeks if there were any
questions that were not yet answered.
Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Kring and Murray.)
NOES — 0. Motion to continue carried.
21. Review the list of regional agency appointments and appoint or reappoint
B105 representatives to serve on the following regional agencies.
With the consent of council, Mayor Tait moved to reappoint all eligible current members,
seconded by Mayor Pro Tem Kring. Roll Call Vote: AYES — 5: (Mayor Tait and Council
Members: Brandman, Kring, Murray and Vanderbilt.). NOES — 0. Motion Carried.
Anaheim Union High School District Foundation:
(RE)APPOINTMENT: Tom Tait
(currently held by Mayor Tait)
(RE)APPOINTMENT: Tom Morton
(currently held by Tom Morton, Staff)
APPOINTMENT: James Vanderbilt
(vacant)
Mayor Tait nominated James Vanderbilt, seconded by Mayor Pro Tem Kring. No other
nominees were offered and Mr. Vanderbilt was unanimously appointed.
Fire Training Joint Powers Authority:
(RE)APPOINTMENT: Lucille Kring
(currently held by Council Member Lucille Kring)
Orange County -City Hazardous (HAZMAT) Emergency Response Authority:
(RE)APPOINTMENT: Lucille Krinq
(currently held by Council Member Lucille Kring)
City Council Minutes of January 6, 2015
Page 15 of 16
Metropolitan Water District (MWD):
(RE)APPOINTMENT: Don Calkins
(currently held by Don Calkins, Staff)
Orange County Sanitation District (OCSD):
(RE)APPOINTMENT: Lucille Krinq
(currently held by Council Member Lucille Kring)
ALTERNATE: Jordan Brandman
(currently held by Council Member Jordan Brandman)
Santa Ana River Flood Protection Agency (SARFPA):
(RE)APPOINTMENT: Jordan Brandman
(currently held by Council Member Jordan Brandman)
ALTERNATE: Rudy Emami
(currently held by Rudy Emami, Staff)
Southern California Association of Governments (and OCCOG):
(RE)APPOINTMENT: Kris Murray
(currently held by Council Member Kris Murray)
ALTERNATE: Jordan Brandman
(currently held by former Council Member Gail Eastman)
Mayor Pro Tem Kring nominated Jordan Brandman to the alternate position, seconded by
Mayor Tait and with no other nominees offered; Mr. Brandman was unanimously appointed.
Transportation Corridor Agency, Foothill Eastern Area (TCA):
(RE)APPOINTMENT: Lucille Krinq
(currently held by former Council Member Gail Eastman)
Mayor Pro Tem Kring expressed an interest in this appointment with Council Member Vanderbilt
expressing an interest in the alternate position, barring no other individual's preference. Mayor
Tait moved to appoint Mayor Pro Tem Kring to the TCA, seconded by Council Member Murray.
Ms. Kring was unanimously appointed.
ALTERNATE: James Vanderbilt
(currently held by Council Member Lucille Kring)
Mayor Tait moved to appoint Council Member Vanderbilt to the alternate position, seconded by
Council Member Murray; Mr. Vanderbilt was unanimously appointed.
REPORT ON CLOSED SESSION ACTIONS:
Michael Houston, City Attorney, reported City Council unanimously authorized the City Attorney
to file a cross - complaint against cross - defendant La Palma Royale Assisted Living in connection
with pending litigation titled Winifred Stuthers v. City of Anaheim, La Palma Royal Assisted
Living, et. al (Closed Session Item No. 1; Vote 5 -0).
City Council Minutes of January 6, 2015
Page 16 of 16
COUNCIL COMMUNICATIONS:
Mayor Pro Tem Kring requested staff research and bring forward an ordinance for Council
consideration which offered quality of life incentive programs for motel property owners; such as
rebates for certain property upgrades. She also highlighted the Paul Revere Park dedication on
Saturday, the West District Coffee with a Cop program and the Flashlight Walk at Twila Reid
Elementary School.
Council Member Vanderbilt reported he had visited the various neighborhoods requesting
permit parking districts on this agenda.
Council Member Murray spoke of the upcoming Star Wars Half Marathon weekend and
expressed her gratitude for continued City support of the Flag Day celebration. Ms. Murray also
requested staff bring forward an ordinance in February or March related to penalties for property
owners violating the City's ban on medical marijuana dispensaries.
Each member of the council wished all a happy, healthy and prosperous 2015.
ADJOURNMENT: At 7:04 P.M., with no other business to conduct, Mayor Tait adjourned the
January 6, 2015 council meeting.
Respectfu)Jyrsutn' ted,
Theresa Bass; CMC
Assistant City Clerk