02/24/2015 ANAHEIM CITY COUNCIL REGULAR
AJOURNED MEETING OF FEBRUARY 24, 2015
The regular meeting of February 24, 2015 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 February 24, 2015 was called
to order at 4:03 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 February 20, 2015.
PRESENT: Mayor Pro Tem Lucille Kring and Council Members: Jordan Brandman and James
Vanderbilt.
STAFF PRESENT: Interim City Manager Paul Emery, City Attorney Michael Houston and
Acting City Clerk Theresa Bass.
ADDITIONS /DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
CLOSED SESSION: At 4:03 P.M., Mayor Pro Tem Kring recessed to closed session for
consideration of the following items (Mayor Tom Tait and Council Member Murray joined the
meeting during closed session):
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code
Name of Case: Rafael Garcia Miranda et al. v. City of Anaheim et al., USDC Case
No. SACV 13 -01826 JVS
2. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representatives: Chris Chase, Jason Motsick
Name of Employee Organizations: Anaheim Police Association, Anaheim Police
Management Association (APMA), Anaheim Firefighters Association, Local 2899 (AFA),
International Brotherhood of Electrical Workers, Local 47 IBEW), International
Brotherhood of Electrical Workers, Local 47 (IBEW) Representing Anaheim Part -Time
Customer Service Employees, Anaheim Municipal Employees Association, General,
Clerical, and Part -Time Units(AMEA), Service Employees International Union, Local
1877, and Teamsters, Local 952
At 5:07 P.M., city council returned from closed session and the agenda resumed.
INVOCATION: Pastor Kerry Duerr, Prince of Peace Lutheran Church
FLAG SALUTE: Council Member Jordan Brandman
PRESENTATIONS: Recognizing the Anaheim Police Department /Cops 4 Kids Do the Right
Thing Award Winners
Captain Ben Hittesdorf announced that a student, Aviella Winder, began this program in New
York and after moving to southern California, introduced it to the Anaheim Police Department
City Council Minutes of February 24, 2015
Page 2 of 20
and the Cops 4 Kids organization. These awards were now being presented to outstanding
youths who distinguished themselves with random acts of kindness and for "doing the right
thing ". Ms. Winder introduced the ten award recipients, who attend various schools in this area
ranging from the 2 grade to the 9 Mayor Tait added that Ms. Winder would also receive
special recognition for bringing this program to the attention of the city.
Recognizing the Executive Directors and Winners of the Miss Anaheim Pageant
Patrick and Sharon Cordes introduced the winners of the Miss Anaheim Scholarship Pageant,
remarking that this year over $9,000 in scholarships had been awarded, as follows: Julia
McCurdie, Miss Anaheim 2015, Missy Mendoza, Miss Anaheim Hills 2015, Reagan Poltrock,
Anaheim's Outstanding Teen 2015 and Danielle Deweese, Anaheim Hills Outstanding Teen
2015, inviting them to speak to their community service goals.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Proclaiming March 2015, as American Red Cross Month
Larry Fortmuller, American Red Cross of Orange County, announced the everyday heroes in
the community were recognized during American Red Cross Month, expressing appreciation to
all volunteers for delivering disaster relief and international services here and abroad.
Recognizing Reon Boydstun Howard as the 2015 Cypress College Americana
Citizen of the Year for the City of Anaheim
Raul Alvarez announced Cypress College was celebrating its 40 Americana awards, including
an award to Reon Boydstun Howard as the 2015 American Anaheim Citizen of the Year.
Proclaiming March 2, 2015, as Read Across America Day
Audrey Lujan, Anaheim Public Library Services, spoke of the various events during the first
week of March in recognition of Read Across America Day, encouraging the community to
participate and enjoy the planned events.
Proclaiming February 22 -28, 2015, as National Engineers Week
Natalie Meeks, Public Works Director, accepted the proclamation on behalf of the engineers
who designed and built municipal infrastructure.
Proclaiming March 1 - 7, 2015, as Peace Corps Week
Julia Capezzi spoke of the goals of the Peace Corps and encouraged interested persons to
consider a career in this global service addressing challenges through grass roots solutions.
ADDITIONS /DELETIONS TO THE AGENDAS: Acting City Clerk Theresa Bass announced
Item No. 8, neighborhood improvement projects appropriations, should reflect an amendment to
the FY 14/15 Capital Improvements Fund budget.
City Council Minutes of February 24, 2015
Page 3 of 20
PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, a brief decorum
statement was provided by Acting City Clerk, Theresa Bass,
Cecil Jordan Corkern, Outreach Homeless Ministries, read the Ten Commandments to the
audience, commenting briefly on the principles of those tenets.
Mary Kay Fyda -Mar remarked the Chance Theater and its members were proud of its role in the
city to create a more compassionate, connected and creative community. Addressing Item No.
8 on the agenda, Ms. Fyda -Mar requested this item amending the general fund budget by nearly
$20 million slated for neighborhood improvement projects be placed on hold to allow for a
discussion on supporting the arts in Anaheim. She spoke of the gap in funding local performing
arts organizations, and the benefits the community received from such activities and the Chance
Theater recommended a portion of those bond proceeds should be spent on funding for the
performing arts. She looked forward to a dialogue to discuss that recommendation.
Scott Well, resident, also discussed the role the Chance Theater had taken in the community
over the last 15 years, filling a need for live theater performance while offering free educational
programs and sign language interpretation in an effort to reach out to all members of the public.
He supported tabling Agenda Item No. 8 to allow Chance Theater board members to make a full
presentation on the need for financial support to augment their on -going fund raisers and to
make this artistic venture financially sustainable in the long -term.
Mr. Shimogawa, resident and Anaheim Union School District teacher, urged council to support
public education and vote no on implementation of the Parent Trigger Law for Palm Lane
Elementary School. He believed this effort was led by Green Dot, a for - profit company, seeking
to privatize schools for economic gain asking that the city protect schools for current and future
generations of students.
Stephanie Stieler, First Light international Foundation, referred to allegations made about her
that was affecting her business as a humanitarian. She asked for the respect she deserved as
a pastor helping the homeless and underprivileged, requesting the Mayor's assistance with her
problem. Mayor Tait responded that he believed Ms. Stieler was referring to her desire to be a
chaplain in the Anaheim Police and Fire Departments, adding that he had no input on that
decision.
R. Joshua Collins requested the city give three -hour notice on any homeless possessions left at
libraries or parks to insure those individuals had an opportunity to take their properties
elsewhere rather than have them confiscated and lost.
Lou Noble expressed appreciation that Orange County was funding a homeless shelter in the
county. He emphasized there should be a shelter, a crisis treatment center and crisis
intervention training for police in every municipality and with those in place, resources would not
be spent on locking up the mentally ill and /or jailing the homeless or treating them at emergency
centers at a high taxpayer cost. Tagging homeless possessions, he suggested, would be one
way for the homeless to be able to recover their belongings if they were jailed.
William Fitzgerald, Home Owners Maintaining our Environment, announced daily Disneyland
fireworks contributed to the underachievement statistics at Palm Lane Elementary and that
Latino children living in the flatlands of Anaheim had their health impacted negatively as well.
City Council Minutes of February 24, 2015
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Leslie Anderson reported he had been to the Planning Commission and Code Enforcement
many times since 2007 regarding insufficient parking for a direct car sale dealership operating at
633 South Street. He pointed out a number of instances when parking was not available near
his home, asking how the city could continue to allow this business to undermine the
neighborhood. Mayor Tait responded that staff would look into the situation and report back to
council.
Erika Miller, Chance Theater, stated that having served on the Anaheim Arts Council for five
years, she appreciated the many artistic organizations in the community, all deserving of
recognition and support for what they bring to Anaheim. She requested the postponement of
Agenda Item No. 8 to give residents the opportunity to explore how performing arts could be
included as a major component of the bond proceeds funding opportunity that council was
considering.
Julie Renfrow, Loara High School boosters of Anaheim, requested Anaheim Fire and Rescue
create a safety ordinance for Measure E, the regulation for safe and sane fireworks. She
explained the many challenges in raising funds for the school and how a fireworks stand would
allow another option for volunteer parents to raise funds for band instruments which were sorely
needed. Mayor Tait responded that the Fire Chief was working on that issue now and
anticipated his findings to be presented soon.
Sharif Juma remarked there was a new carwash establishment coming to Euclid /Lincoln and he
encouraged as a water drought recommendation, that these licenses be suspended as a
drought tolerant measure, adding there were enough carwashes in Anaheim already.
Patty Deloera, resident, stated she had formed a new non - profit, Quandary Eliminator
Foundation, with the goal of providing affordable housing and supportive programs that
improved the economic status of the homeless, and helped established lives. She spoke in
support of Pastor Stephanie Stieler, remarking she was passionate about her humanitarian work
and should be recognized for her dedication and work ethic.
Jody Roberto, representing Senator Bob Huff and Christie MacDougal, representing Senator
Young Kim, spoke in support of the parents of Palm Lane Elementary School and their efforts to
implement the Parent Trigger Law. She indicated that Senator Huff, along with former Senator
Gloria Romero, authorized the legislation as a way for students to get a better education and
encouraged council's support and approval of Agenda Item No. 25.
Gretchen Shoemaker, Georgia's Restaurant, addressed her comments to Agenda Item No. 26,
urging approval of the reinstatement of the Mayoral Assistant's salary to previous levels.
Senator Gloria Romero remarked that Palm Lane School was struggling and that 332 parents
on behalf of 490 students had submitted lawful petitions to their governmental body to convert
Palm Lane to a charter school, and urged the city to support their efforts to seek a quality
education for their children.
Assemblyman Travis Allen indicated that the Anaheim School District Board voted against 66
percent of Palm Lane Elementary School parents who desired meaningful reforms of the school.
He added Palm Lane would be the first Orange County campus to take advantage of the 2010
Parent Empowerment Law, and was a perfect candidate because of an academic performance
index which fell under 800 and the majority of the parents in support of this action. He added
City Council Minutes of February 24, 2015
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the school board was supposed to adopt the will of the parents in this underperforming school
but did not do so and requested city council support those Palm Lane parents.
Cecilia Ochoa, mother of three students attending Palm Lane Elementary, thanked Mayor Pro
Tem Lucille Kring for believing in the parent's efforts in trying to transform Palm Lane
Elementary into a charter school. She added it had been underperforming for over ten years
and it was now time to improve education for the students and to effect this change, asking for
council's approval of Item No. 25.
Martha Ponce stated she and other parents had actively worked to get signatures for the
petition to transform Palm Lane Elementary to a charter school in order to provide a quality
education for their children because they believed all students were entitled to the same type of
education regardless of the economic condition of its neighborhood.
Magdalena Paredes remarked she had a child attending Palm Lane and another about to
graduate from college and as a parent she was concerned about the type of education her child
was receiving at Palm Lane. She added any interested person could review the Palm Lane
performance statistics online and confirm their underperformance, asking for council's support
for Agenda Item No. 25.
Irma Andazola, parent, stated she did not sign the petition because of her belief that a charter,
public or private school would not make a difference if parents were not involved in supporting
their child's education at home. As a parent she worked with her child nightly, and volunteered
and helped out in the classroom with the end result that her child was doing well. She noted the
school offered a variety of programs as well as free English classes for parents so they could
assist their children with homework. She advocated for no change.
Sylvia Gudino explained she had two sons in college, a sixth grader in a GATE program and a
fourth grader at Palm Lane who was struggling. She emphasized as a parent she was trying to
be a good example for her children by taking English classes, becoming a citizen and being
actively involved supporting her children's study. A quality education was her priority and she
supported this change.
Teresa Hernandez, Orange County Lincoln Club, emphasized that she began meeting with
parents of Palm Lane Elementary School last June because they were frustrated with a school
that had consistently performed below state levels for 12 years and that their complaints to the
board, superintendent and principal of the school had done nothing to improve the situation.
Lincoln Club had connected the parents to former Senator Gloria Romero and Senator Bob Huff
who apprised them of the Parent Empowerment Act. Those parents gathered signatures
required under that law and she urged council to unanimously approve the resolution in support
of these parents. Ms. Hernandez also supported approval of Item No. 26 on the agenda.
Mark Bucher, Lincoln Club, remarked there had been no financial gain for him to become
involved in the Palm Lane Elementary School issue stating it was on behalf of the students of
Palm Lane. He urged council to support the parents as they sought to transform Palm Lane into
a charter school by approving the resolution of support.
City Council Minutes of February 24, 2015
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Kathleen Heard, California Schools Employees Association, took exception to the fact Mayor
Pro Tem Kring brought forward a resolution supporting the parents of Palm Lane School in their
effort to convert Palm Lane Elementary to a charter school, offering various reasons why she
felt it was not appropriate. She indicated public schools were assessed each year, while charter
schools were not, and pointed out that public school funding had been cut every year for the last
ten years and the deficit significantly affected the opportunities of low income English language
learners. She opposed the resolution stating it was bad for those who lived, worked and paid
taxes in this community. Mayor Pro Tem Kring, as a point of personal privilege, responded to
those comments, stating as a former high school chemistry teacher, a member of this
community, and visitor on campus in many of the school districts, she understood the issue and
supported Palm Lane parents in their efforts.
Keith Olesen, resident, remarked a number of anonymous individuals had raised $800 to be
given to the Anaheim Community Foundation to support the establishment of K -9 monuments,
an amount which raised the total to $3,000. Council Member Murray thanked those neighbors
who had come together for the past year and raised the single greatest contribution to date in
recognition of police K -9's.
David James, OC Chapter of Americans for Safe Access, remarked the ban on medical
marijuana dispensaries was against the purpose of the Compassionate Use Act and would
ultimately end up in court. He emphasized that any problems associated with marijuana
dispensaries could be remedied by implementing sensible regulations for distribution.
Vahe Markarian, parent and educator in support of the parents and children attending Palm
Lane elementary, remarked this was not a charter /non- charter issue, it was about the ability of
parents to have a choice in shaping the future of their school that was afforded to them under
the law.
Robert Hammond, addressing Agenda Item No. 25, remarked he was not here as a member of
the Orange County Board of Education, but as a special education teacher in support of the
parents and students of Palm Lane elementary. He urged council approval of the resolution
supporting the parents of Palm Lane and expressed his support for Agenda Item No. 26 as well.
Fred Whittaker, Orange city council member, encouraged approval of Item No. 25, remarking
this was not simply a school district issue, it affected the constituents of Anaheim who were
asking for support from the city. Referencing Item No. 26, he supported working together to
come up with a compromise.
Linda Lobatos remarked she was here as a parent and a citizen of Anaheim, to support quality
education for children, asking that council look at all sides and protect the needs of the children.
Stephen Faessel, speaking as a resident, thanked city staff for the innovative methodology to
capture an additional $550,000 specifically for sidewalk maintenance, a quality of life issue that
had been long overdue from previous budget constraints. With regard to the arts in Anaheim,
he felt there should be an opportunity to consider supporting performing arts in some way for
the future.
Victoria Michaels remarked the parents of Palm Lane spoke from their hearts and she hoped
their voices had been heard and Agenda Item No. 25 would be approved. Referencing Agenda
City Council Minutes of February 24, 2015
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Item No. 26, she urged the salary amendment for the Mayor's chief of staff be retroactively
approved.
Joanne Sosa announced the upcoming Sacred Arts Festival on March 21 a guided tour of
extraordinary art, culture and architecture of Anaheim's houses of worship.
Kyndell Thorson, resident, addressed her comments to Item No. 12 on the agenda, Disney's
60 KaBoom! build. She stated the build was scheduled for May 2 at Twila Reid Park with
YMCA organizing the labor and Walt Disney Company donating the materials. She added it
would be the largest playground build in KaBoom! history and Disney Resort has rounded up
nearly 750 volunteers representing 25 companies to participate along with hundreds of
community volunteers.
Morrison Turner, child welfare attorney and a medical marijuana advocate in Long Beach
California, opposed the ban on medical marijuana dispensaries, urging the city to reject this
ordinance and reconsider a more open and sensible drug policy for the city.
Jennie, resident and educator in the Anaheim City School District pointed out schools had
lacked funding for the past ten years and many programs had been omitted during that time.
With the common core program, she indicated that new funding allowed for the return of past
programs and the future looked better for the school district. She believed the teachers were
doing their best with what they had.
Jeffrey Helenbrandt, resident, requested Item No. 8 be tabled until the city's art organizations
had a chance to submit funding proposals to the city for their consideration.
COUNCIL COMMUNICATIONS:
Council Member Murray thanked the speakers for their words, their passion, and dedication and
encouraged all to stay until the final discussion of Agenda Item Nos. 25 and 26.
Mayor Pro Tem Kring remarked that the $20 million to amend the city's budget was the result of
refinancing the expansion of the convention center, which allowed for one -time monies to be
spent on specific projects, funds that were not available for on -going projects or programs.
CITY MANAGER'S UPDATE: None
CONSENT CALENDAR: Mayor Tait removed Item Nos. 8, 12 and 20 from the consent calendar
for further discussion; Council Member Vanderbilt removed Item No. 9. Mayor Tait announced
he would record an abstention on Agenda Item Nos. 10 and 15 due to a potential conflict of
interest as his firm had worked with Verizon and Orange County Water District this past year.
Mayor Pro Tem Kring 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 Vanderbilt. 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 the Sister City Commission meeting of November 24, 2014
and Public Utilities Board meeting of December 17, 2014.
City Council Minutes of February 24, 2015
Page 8 of 20
D117 2. Approve the Investment Portfolio Report for January 2015.
D116 3. Approve Proclamations and Certificates of Recognition to be presented at a future
Council meeting for the Kiwanis Club, National Library Week and the Mother Colony
Household Board of Directors.
B105 4. Reappoint Jeff Farano, Sr. to the Anaheim Workforce Investment Board, to a four year
term ending February 24, 2019, representing the business sector.
AGR- 2927.H.1 5. Approve and authorize the City Manager, or designee, to execute and administer the
First Amendment to Workforce Investment Act Vendor Agreement with Reborn Cabinets
for an additional $50,000 to provide occupational training skills through June 30, 2015.
6. Award the contract to the lowest responsible bidder, Hillcrest Contracting, Inc., in the
AGR -8717 amount of $316,638, for the Lakeview Avenue Street Improvements Project from 325
feet south of Eisenhower Circle South to 125 feet south of Eisenhower Circle South,
waive minor technical errors or discrepancies in the bid to best serve the interest of the
City and authorize the Finance Director to execute the Escrow Agreement pertaining to
contract retentions.
7. Award the contract to the lowest responsible bidder, Pro Tech Engineering, in the
amount of $297,500, for the installation of Dynamic Message Signs at Douglass Road
AGR -8718 south of Katella Avenue and Katella Avenue west of Douglass Road and authorize the
Finance Director to execute the Escrow Agreement pertaining to contract retentions.
10. Approve and authorize the Chief of Police to execute and administer an Agreement with
Cellco Partnership, d /b /a Verizon Wireless, granting a license for the installation,
AGR -8720 maintenance and operation of an In- building cellular coverage enhancement system for
use with Verizon Wireless Service.
Mayor Tait recorded an abstention on this motion by Mayor Pro Tem Kring to approve,
seconded by Council Member Vanderbilt. 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.
11. Approve the use of transmission service agreements (Transmission Agreements) with
any of the listed transmission service providers with FERC- approved Open Access
Transmission Tariffs for not more than 300 Megawatts for a cumulative period not to
exceed five years, provided, the City of Anaheim requires these agreements for outages,
Al23 loss of transmission or operational needs and authorize the Public Utilities General
Manager, or designee, to execute the Transmission Agreements, any FERC- approved
amendments thereto, and any other related documents, and take the necessary,
required, or advisable actions to implement and administer the agreements (Arizona
Public Service Company, Los Angeles Department of Water and Power, Public Service
Company of New Mexico, Salt River Project Agricultural Improvement and Power
District, Tucson Electric Power Company, Western Area Power Administration Lower
Colorado, Colorado River Storage Project, El Paso Electric Imperial Irrigation District,
Nevada Power, PacifiCorp, Public Service Colorado, Southwest Transco, and Tristate
Generation & Transmission).
City Council Minutes of February 24, 2015
Page 9 of 20
R100 13. RESOLUTION NO. 2015 -121 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the Director of Community Services or his
designee to submit an application for housing related parks grant on behalf of the City of
Anaheim to Department of Housing and Community Development, and if awarded,
authorizing the acceptance of such funding on behalf of the City and amending the
budget accordingly.
14. RESOLUTION NO. 2015 -122 A RESOLUTION OF THE CITY COUNCIL OF
D150 THE CITY OF ANAHEIM approving and designating the use of a portion of La Palma
Park and a portion of Olive Hills Park as Dog Parks and finding and determining that
said designation is categorically exempt from the requirement for the preparation of
environmental documents under the California Environmental Quality Act pursuant to
Section 15303 of the State CEQA Guidelines.
15. RESOLUTION NO. 2015 -123 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
P124 certain interests in real properties (City Deeds Nos. 11598, 11774, 11775, 11776,
11777, 11778, 11779, 11780, 11781, 11799, 11800, 11801, 11802, 11803, 11804,
11805, and 11806) (Underground District 62- Miraloma Avenue project and System
Expansion).
Mayor Tait recorded an abstention on this motion by Mayor Pro Tem Kring to approve,
seconded by Council Member Vanderbilt. 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.
P110 16. RESOLUTION NO. 2015 -124 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM vacating a portion of a public utility easement located at 1206
West Beacon Avenue pursuant to California Streets and Highway Code Section 8330, et
seq. - Summary Vacation (ABA2014- 00291).
17. RESOLUTION NO. 2015 -125 A RESOLUTION OF THE CITY COUNCIL OF
P110 THE CITY OF ANAHEIM vacating a portion of a public utility easement located at 2365
West Moro Place pursuant to California Streets and Highway Code Section 8330, et seq.
- Summary Vacation (ABA2014- 00300).
18. RESOLUTION NO. 2015 -126 A RESOLUTION OF THE CITY COUNCIL OF
D175 THE CITY OF ANAHEIM ratifying and approving the action of the Public Works Director,
or her designee, in submitting grant application and entering into an agreement on
AGR-8760 behalf of the City of Anaheim, with Mobile Source Air Pollution Reduction Committee,
through the Clean Transportation Funding Program and in accepting such grant funds
on behalf of the City of Anaheim and approving inclusion of such funds in appropriate
fiscal year accordingly.
City Council Minutes of February 24, 2015
Page 10 of 20
D182 19. RESOLUTION NO. 2015 -127 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM modifying the Water Rates, Rules and Regulations by
eliminating six rates and modifying two rates, which do not increase rates, for the sale
and distribution of water as adopted by Resolution No. 72R -600 and most recently
amended by Resolution No. 2015 -013 and determining said actions are exempt from the
California Environmental Quality Act pursuant to Public Resources Code Section
21080(b)(8) and Guideline Section 15273(a).
21. ORDINANCE NO. 6316 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending (1) Table 4 -F (Maximum Structural Height: Single - Family
Residential Zones) of Section 18.04.070 (Structural Heights) of Chapter 18.04 (Single -
C280 Family Residential Zones) of Title 18 of the Anaheim Municipal Code; (2) Table 4 -1
(Minimum Setbacks: Single- Family Residential Zones) of Section 18.04.100 (Structural
Setbacks) of Chapter 18.04 (Single - Family Residential Zones); (3) Section 18.06.060
(Structural Heights) of Chapter 18.06 (Multiple - Family Residential Zones) of Title 18 of
the Anaheim Municipal Code; and (4) Section 18.06.160 (Residential Planned Unit
Development) of Chapter 18.06 (Multiple - Family Residential Zones) of Title 18 (Zoning)
of the Anaheim Municipal Code (Zoning Code Amendment No. 2014 - 00120; Increasing
the permitted height of detached single - family residences from two stories to three
stories in the Single- Family Residential and Multiple - Family Residential zones).
22. ORDINANCE NO. 6317 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending various tables and sections of Title 18 (Zoning Code) of the
C280 Anaheim Municipal Code based upon the finding and determination that said ordinance
is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines (Zoning Code Amendment
No. 2014 - 00121; Modification to permitted land uses, development standards,
procedures and definitions) (Adjustment No. 7 to the Anaheim Resort Specific Plan
(SPN92 -2U)) (DEV2014- 00123).
23. ORDINANCE NO. 6318 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
C280 Code relating to zoning (Reclassification No. 2014 - 00273) (DEV2014 -0046) (701 East
Cypress Street, Rezoning from Single - Family Residential and Industrial Zones to Small
Lot, Single - Family Residential Zone).
D114 24. Approve minutes of the Council meetings of January 27, 2015 and February 3, 2015.
END OF CONSENT CALENDAR:
8. Amend the City's fiscal year 2014/15 Capital Improvements Fund budget by
$18,350,000 for neighborhood improvement projects proposed at the February 3, 2015
D106 mid -year budget workshop by increasing appropriations in the Public Works Department
by $550,000 for sidewalk maintenance, $500,000 for library renovations and $9,300,000
for residential street rehabilitation projects; increasing appropriations in the Fire
Department by $8,200,000 to add one fire station and relocate another; and decreasing
appropriations in the City Manager's Office by $200,000 for anticipated streamlining
savings.
City Council Minutes of February 24, 2015
Page 11 of 20
Mayor Tait commented this item was the result of a vote to approve the expansion of the
convention center at a cost of $188 million with another $20 million for community projects, a
proposal he had not supported. The $20 million in bond proceeds was now before council to
determine capital spending that was in the best interest of the city and he had some questions
to ask regarding pavement management allocation and whether other options should be
considered. He asked this matter be tabled to allow council to contemplate different projects
and allow others to weigh in on the discussion and so moved to table Item No. 8, seconded by
Council Member Vanderbilt.
DISCUSSION: Before a vote was taken, Council Member Murray requested staff discuss the
timing of these funds and the number of public discussions previously held on the proposed
capital expenditures. Interim City Manager Paul Emery responded the $20 million was available
as the result of the refinancing of existing bonds as well as financing bonds for the expansion of
the convention center and that these proceeds were available for capital needs and not on-
going operational expenditures. He added the pavement plan was the culmination of many
years of work with respect to pavement management indexes for neighborhood streets, and the
city's inability to invest in those areas due to the economic condition over the last five years. He
added $18 million was recommended to be programmed on this agenda and that when the
capital improvement program and operating budget for the next fiscal year was considered,
there would be opportunities for other capital needs within the community to be prioritized.
Finance Director Debbie Moreno reported this item reflected a proposed increase to the current
fiscal year 2014/15 by a total of $18,350,000 in support of several large neighborhood
improvement projects to benefit the community and support council's initiative to prioritize
neighborhoods, adding that the increase in appropriations would be for the capital improvement
fund and not the general fund as stated in the staff report.
The mid -year budget workshop had been presented on February 3rd with early projections
indicating General Fund revenues would be more than expected by $1.5 million and
expenditures were estimated to be less by $200,000 due to the streamlining of the city
manager's budget including salary savings from a current vacancy and elimination of a senior
analyst position. She noted an additional $350,000 also became available from a one -time
dividend from the City's general insurance risk sharing pool due to better than expected loss
experience. At the budget workshop, staff recommended these funds be redirected to provide
an additional $550,000 in sidewalk maintenance and curb /gutter repairs that would address the
needed repairs and maintenance in various areas of the city and mitigate potential sidewalk
hazards in neighborhoods.
She announced an additional $20 million from the bond sales for the expansion of the
convention center was available for other community and neighborhood improvements with
Anaheim's management team identifying areas recommended for use of $18 million of the bond
proceeds. The item now before council was for the appropriation of these funds. Specifically,
staff recommended council: 1) increase the appropriations in the Fire Department by $8.2
million to add one fire station and relocate another, 2) increase appropriations in the Public
Works budget by $500,000 for library renovations and another $9.3 million for residential street
rehabilitation projects. The goal of the Fire Department redeployment plan was to maximize
coverage and meet a target travel time of four minutes citywide. This would be accomplished
by moving one fire company from Station 8 to 4950 East La Palma and relocating Station 5 west
to a location yet to be determined. Mayor Tait questioned which station would be demolished
with Chief Randy Bruegman responding the department was trading property from Station 5
City Council Minutes of February 24, 2015
Page 12 of 20
with Public Utilities Department that owned the 4950 La Palma building and no structures were
being demolished. He added by splitting the two company house at Station 8 and moving one
of the companies to the east to the La Palma /57 area, the department expected to pick up a
large residential population in that area that was currently outside the four minute response
travel time as their primary response unit was from Fire Station 1. Regarding library
renovations, Ms. Moreno indicated that currently there was $850,000 budgeted this year for the
renovation and redesign of Euclid and Sunkist branch libraries with $250,000 funded through a
council approved service enhancement and $600,000 funded through Community Development
Block Grant funds, therefore, $425,000 would be available for each of the two branches. She
stated both libraries were built in 1976 and as the design process began, it was found that a
large number of infrastructure requirements were necessary to update and replace outdated,
inefficient and insufficient systems; i.e., electrical, lighting, fire protection alarms, A/C and
plumbing, and ADA bathroom compliant requirements which then left an insufficient budget to
update the public spaces. She noted the plan was to reconfigure the interior and exterior
spaces to allow for more flexible space and rooms for community and staff needs, which would
then allow these branch libraries to continue serving these high priority neighborhoods for the
next 20 years.
The last recommendation, she reported, was $9.3 million for residential street rehabilitation in
specific high priority areas, providing funding for seven large scale neighborhood projects that
would address aging infrastructure (streets, gutters, curbs and sidewalks) and associated
residential complaints due to long overdue maintenance and repairs. The rehab would enhance
walkability and improve the ride quality and safety of residential streets while beautifying 16,000
Y 9
homes and their 53,000 residents each day.
Ms. Moreno ended her presentation, indicating that the proposed projects before council totaled
approximately $18.3 million with the remaining $2 million of the bond proceeds to be reserved
for future projects to be determined by a needs assessment. To share this information on the
coming neighborhood improvements, staff launched a communication campaign that included
digital and printed forms with neighborhood project priorities shared through a website
presence, press releases, social media postings, Andy Anaheim newsletters, community
publications and a multi - purpose infographics print piece. With council's approval, she indicated
additional outreach would include distribution of the infographics in the spring Anaheim
Magazine as well as a variety of city and community events and various other outreach efforts
by city staff.
Council Member Murray pointed out there had been numerous discussions besides the mid-
year budget workshop on these capital improvements. She was not supportive of delaying
action on these recommendations, adding that the city was now in a position through the bond
financing of the convention center expansion to make structural one -time capital expenditures
that were essential for improving Fire Department response times as well as insuring quality
neighborhoods across the city where maintenance on critical infrastructure had been deferred.
She added it was important to have a discussion on arts funding as well as funding for other
critical quality of life programs for residents but that it should be part of the general fund
discussion for the coming fiscal year budget workshops starting in March. She asked staff if the
bond proceeds could be used for general fund purposes with Ms. Moreno responding the
proceeds were restricted based on the bond documents to capital projects of the city, not
ongoing expenses. Council Member Murray requested staff meet with the Arts Council and
others who were seeking additional support from the city at the appropriate junctures for the
new budget year and asked that council proceed with consideration of this item tonight.
City Council Minutes of February 24, 2015
Page 13 of 20
Council Member Vanderbilt inquired if there was a long term plan to use Measure M2 funding to
improve areas of the city. Natalie Meeks, Public Works Director, responded Measure M had a
turnback component in which each city received funding for pavement maintenance, but with
the initial Measure M, those funds did not have an escalating inflation mandate so that the same
funding was offered for 20 years with the resulting investment in infrastructure lagging behind.
She noted M2 did have an escalating requirement for its maintenance effort and the goal over
the next 30 years was to be able to maintain streets, adding that the turnback funds were based
on sales tax in the county and generally increased during inflation but stagnant during the
recession period when sales taxes were dropping. She stressed that this was a great
opportunity to make significant improvements and differences in the community.
ROLL CALL VOTE TO TABLE ITEM NO. 8: AYES — 1: Mayor Tait. NOES — 4: (Mayor Pro
Tem Kring and Council Members Brandman, Murray and Vanderbilt). Motion Failed.
Mayor Pro Tem Kring then moved to approve Agenda Item No. 8, seconded by Council Member
Murray. ROLL CALL VOTE: AYES — 4: (Mayor Pro Tem Kring and Council Members:
Brandman, Murray and Vanderbilt). NOES — 1: Mayor Tait. Motion Carried.
9. Approve a Subdivision Agreement with Taormina Family Capital Fund, LLC for Parcel
AGR -8719 Map 2014 -129 located at 1256 -1290 East Lincoln Avenue and 113 -117 East Fahrion
Place to consolidate five existing parcels into one parcel for a 70 -unit affordable
apartment housing project.
Council Member Vanderbilt remarked the issue of where affordable housing programs were
developed in certain parts of the city had come up during oral communications from time to
time. He hoped the issue of density could be considered in the future in terms of the city's
Housing Element, as it appeared the density was higher in areas west of the river.
Council Member Murray then moved to approve Agenda Item No. 9, 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.
12. RESOLUTION NO. 2015 -120 A RESOLUTION OF THE CITY COUNCIL OF
AGR -8721 THE CITY OF ANAHEIM authorizing the Director of Community Services or his
designee ( "Director ") to accept all grants from KaBOOM! on behalf of the City of
Anaheim for the installation and maintenance of playground equipment at Twila Reid
Park, authorizing the Director to execute all required grant documents.
Approve and authorize the Director of Community Services to execute and take the
necessary actions to administer and implement the Community Partner Playground
Contract with KaBOOM! Inc., and Anaheim Family YMCA and the Letter of Intent with
KaBOOM! Inc.; and authorize the Director of Community Services, or his designee, to
act as the agent of the City on all matters concerning the grant program and to accept
future stipends and funds received from KaBOOM! for maintenance of the playground
equipment at Twila Reid Park.
The Acting City Clerk remarked this item included a contract with the Anaheim Family YMCA, in
which Mayor Pro Tem Kring serves as a board member.
City Council Minutes of February 24, 2015
Page 14 of 20
Mayor Tait thanked staff for facilitating KaBOOM! projects, remarking it was a great example of
a public /private partnership in the very best sense and moved to approve RESOLUTION NO.
2015 -120 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of
Community Services or his designee (Director) to accept all grants from KaBOOM! on behalf of
the City of Anaheim for the installation and maintenance of playground equipment at Twila Reid
Park, authorizing the Director to execute all required grant documents, 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.
20. ORDINANCE NO. 6315 (ADOPTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM amending Section 4.20.030 of Chapter 4.20 of Title 4 of the Anaheim
Municipal Code (Medical Marijuana Dispensaries) and Section 4.21.030 of Chapter 4.21
of Title 4 of the Anaheim Municipal Code (Mobile Medical Marijuana Dispensaries)
relating to land owners and landlords as parties subject to the prohibitions contained in
said chapters, and adding Section 4.20.050 to Chapter 4.20 relating to public nuisances
(Introduced at Council meeting of February 3, 2015, Item No. 8).
Item No. 20
Mayor Tait commented that a provision was added for holding a landowner criminally liable if a
tenant was involved in medical marijuana sales. City Attorney Michael Houston remarked
landlords and landowners were already subject to this, but the amendment made it clear when it
was appropriate for potential criminal prosecutions. Mayor Tait responded that he felt this was
an overreach and he had voted against it when it was introduced and would do so again.
Council Member Murray remarked this amendment was to deal with property owners willfully
violating the law and turning a blind eye to the real impacts to neighborhoods or other
businesses operating in and around these dispensaries.
Mayor Tait stated he had an issue with the heavy handedness against landowners with Mr.
Houston responding that the City Attorney's office, along with the Planning Department, took the
approach to make an effort to obtain compliance whether landlords were aware or unaware of
their tenant's actions. Discussion on the merits of the amendment continued.
Council Member Murray moved to adopt ORDINANCE NO. 6315 AN ORDINANCE OF THE
CITY OF ANAHEIM amending Section 4.20.030 of Chapter 4.20 of Title 4 of the Anaheim
Municipal Code (Medical Marijuana Dispensaries) and Section 4.21.030 of Chapter 4.21 of Title
4 of the Anaheim Municipal Code (Mobile Medical Marijuana Dispensaries) relating to land
owners and landlords as parties subject to the prohibitions contained in said chapters, and
adding Section 4.20.050 to Chapter 4.20 relating to public nuisances, seconded by Mayor Pro
Tem Kring. ROLL CALL VOTE: AYES — 4: (Mayor Pro Tem Kring and Council Members
Murray, Brandman, and Vanderbilt). NOES - 1: Mayor Tait). Ordinance No. 6315 Adopted.
R100 25. RESOLUTION NO. 2015 -128 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM supporting the parents of children attending Palm Lane Elementary
under the Parent Trigger Law.
Greg Garcia, Deputy City Manager, remarked this resolution would support the parents of
children attending Palm Lane Elementary under the Parent Trigger Law, in recognition of the
fact they had signed petitions and presented them to the Anaheim School District. The
City Council Minutes of February 24, 2015
Page 15 of 20
resolution acknowledges the petition drive undertaken by the parents of Palm Lane and
supported their efforts in exercising their legal right to petition the Anaheim City School District
and if the petition met the regulatory threshold, the resolution urged the school district to work
cooperatively with the parents in order to transition Palm Lane into an independent charter
school.
Mayor Pro Tem Kring indicated she had brought forward this item for council consideration, and
read the resolution into the record as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING
THE PARENTS OF CHILDREN ATTENDING PALM LANE ELEMENTARY UNDER THE
PARENT TRIGGER LAW
WHEREAS, every Califomia child deserves the opportunity to have quality education;
WHEREAS, over 1000 schools have been rated by the State of Califomia as chronically failing to provide a
quality education to the children attending those schools; and
WHEREAS, public charter schools are a proven model for providing quality education to the children they serve;
and
WHEREAS, Califomia's state legislature in 2010 passed Senate Bill 54, "Public Schools: Race to the Top,"
commonly known as the "Parent Trigger Law;" and
WHEREAS, the Parent Trigger Law, among other things, permits parents of students in non - performing schools
to convert their children's schools into independent public charter schools by submitting petitions
signed by parents of a majority of the students at a particular school; and
WHEREAS, Palm Lane Elementary School in Anaheim has been listed by the State of Califomia as a failing
school for over 12 years; and
WHEREAS, on January 14, 2015, parents or guardians of nearly 70% of the children enrolled at Palm Lane
Elementary School in Anaheim, exercising their rights under the Parent Trigger Law, submitted
signed petitions calling for Palm Elementary School to be converted into an independent public
charter school.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows:
1. The Anaheim City Council supports the parents of children attending Palm Lane Elementary School in
exercising their legal right under Califomia's Parent Trigger Law to seek the conversion of Palm Lane
Elementary School into an independent public charter school, and encourages the Anaheim City School
District to work cooperatively with these parents.
2. The Anaheim City Council encourages the Anaheim City School District, if the Parent Trigger Law petition
meets the valid signature threshold, to implement the Parent Trigger Law and do all it can to ensure Palm
Lane Elementary School's successful conversion into an independent public charter school.
Mayor Pro Tem Kring then moved to support this resolution for all the reasons shared by the
parents and community who spoke in favor of a charter school, seconded by Council Member
Murray.
DISCUSSION: Council Member Vanderbilt indicated the Anaheim City School Board met last
week and made a finding to return the petition because it lacked the necessary signatures and
allowed a 60 day period for parents to collect signatures and complete the petition. He
suggested there may be an opportunity to include language in the resolution about asking the
county office to observe the signature verification to add a level of transparency to the process
as some speakers believed the school district had a vested interest which could be called into
question. Mayor Pro Tem Kring remarked she did not believe the Parent Empowerment Act
would allow that process, adding that all that was needed were a few more parent signatures for
a school that had been underperforming for 12 years, and she preferred the resolution remain
City Council Minutes of February 24, 2015
Page 16 of 20
as is. Council Member Murray stated it was worthwhile if there was some independence as to
how signatures were verified if it was within the boundaries of the statute to look at methods to
ensure both sides were fairly represented with adequate oversight and transparency, indicating
she would be agreeable to seconding that motion, if Mayor Pro Tem Kring agreed. Mr. Houston
added that it was his understanding that the school district was singularly responsible for
verifying signatures due to a variety of reasons including parental privacy rights, however he
offered the following language: "If legally appropriate, City Council recommends that the Orange
County Board of Education review and monitor the Anaheim City School District's review of and
action on the Parent Trigger Law petitions for the Palm Lane Elementary School and report on
their findings to the public." Council Member Brandman emphasized the Parent Trigger statue
was very clear and he felt it was inappropriate to knowingly build on that amendment. Council
Member Murray pointed out the resolution was advisory, and in this advisory capacity, the city
would simply advise that within the parameters of existing law, council would like to recommend
some oversight and additional support from an independent entity like the Orange County Board
of Education. Mayor Pro Tem Kring understood an advisory action was being proposed,
however, she felt it would diminish the value of the resolution and preferred to keep it as is.
Council Member Vanderbilt pointed out the resolution stated "parents or guardians of nearly 70
percent of children enrolled in Palm Lane" exercised their rights to petition, however, when he
verified the numbers, it appeared to be 66.5 percent. Ms. Kring responded the statement
referenced "nearly 70 percent," however, she was willing to change it to 67 or 68 percent if
necessary. Council Member Murray remarked she had worked with the parents since last
summer, met with them, spoken at previous school board meetings and recognized their valid
concerns. She supported the resolution and had seconded its approval but also believed that
strengthening it with additional observers or oversight capacity would be valuable even if it was
a follow up action subsequent to this evening. Council Member Brandman asked who provided
the statistical information with Council Member Vanderbilt responding the presentation at the
Anaheim City School District meeting last week stated there were 733 students that attended
the school on that date and the petition provided 488 names. Mayor Tait remarked he was
supportive of the Parent Trigger Law and had been to Palm Lane School a couple of times. He
added that he supported the parents, if the majority of them wanted a charter school, they
should have it and if the majority did not, then it should not happen.
Council Member Brandman remarked this neighborhood school would be shuttered and would
undergo a restart under a non - comprehensive charter school flag which meant the attendance
guarantee was lost for the students within that boundary. In addition, Palm Lane was also a
GATE school site and those classes would have to be moved to another school in the district
because this one would no longer be a comprehensive site. He felt the disruption was going to
be detrimental for both the students and their parents and for those reasons, he could not in
good conscience support the resolution. For the parents of Palm Lane, he understood the
desire to have more accountability from the school district and suggested going to district
elections for governing board members that would guarantee that neighborhood a voice and
someone who could advocate for them on the school board. He understood the school district
was discussing that option which could go into effect in 2016. In his opinion, city council should
stand by the parents and support them proactively to make their school a better place within the
school district like so many schools in this district were doing and not let temporary politics
govern the day. Council Member Murray remarked this resolution was merely a statement of
support if the Parent Trigger Law met the valid signature threshold, and did not dictate nor
advocate for an outcome. Mayor Tait concurred while Council Member Brandman remarked he
could not support the conversion of a neighborhood school that guaranteed the rights of
City Council Minutes of February 24, 2015
Page 17 of 20
students to go to that school to be converted into a non - comprehensive independent charter
that would take that right away. Mayor Pro Tem Kring reported she had just received a text
from an interested party that every pupil attending a subject school prior to the implementation
of an intervention shall continue to be enrolled in that school during and after an intervention
was implemented pursuant to State Education Code Section 53300 unless the parent or
guardian of the pupil chose to involve the pupil in another school or the school was closed. In
addition any pupil who resided in the attendance area of the subject school during or after the
implementation of an intervention had the right to attend the school subject to any law or rules
pertaining to enrollment. She added it appeared the school would remain open and the
students in that area could attend the same school they went to yesterday or the same school if
it was a charter school tomorrow. Council Member Brandman emphasized when an
independent charter underwent a restart that guarantee went away as well.
Council Member Murray stated it was time to move the question. Council Member Vanderbilt
asked the city attorney if there an option for continuance of the vote if it was not approved with
Mr. Houston responding if the vote was not approved by the majority, then the motion failed.
Mayor Pro Tem Kring called for the question.
Roll Call Vote for the motion by Mayor Pro Tem Kring to approve RESOLUTION NO. 2015 -128,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM supporting the parents
of children attending Palm Lane Elementary under the Parent Trigger Law, seconded by Council
Member Murray. AYES — 3: (Mayor Tait and Council Members Kring and Murray.) NOES — 2:
(Council Members Brandman and Vanderbilt). Motion Carried.
26. Mayoral request to reinstate Mayor Assistant's part -time hours to previous levels of thirty
D116 hours per week and increase the allocated funding for fiscal year 2014/15 by
approximately $12,000.
Mayor Tait remarked if his assistant did not have her work hours reinstated to her previous
level, he would go without help for the next three months. He then moved to approve Item No.
26, seconded by Council Member Vanderbilt.
DISCUSSION: Council Member Murray emphasized the mayor's assistant's salary had not
been cut, but the hours established a level play field of 30 hours a week that could be managed
by any method that worked for each member of the city council. She added because a
classification study had never been conducted and pension reform was a priority of the council,
staff was requested to perform a classification study for those positions and to implement
pension reform as well and three positions were created, City Council Aide I and II and Senior
Policy Aide at which the top hourly range was $41.59.
Kristine Ridge, Interim Assistant City Manager, offered an historical perspective on this issue.
She reported Anaheim did not have any type of council aides or assistants until 1999 when two
classifications, Council Assistant I and II were created for the purpose of providing professional
and complex administrative support to the mayor and council members. Each council member
was allocated $15,000 in part -time salaries for the fiscal year and was responsible for
monitoring both the number of hours (no more than 1,000 /fiscal year) and their annual budget.
She believed that 1,000 hour limit was put in place to exclude part -time personnel from enrolling
in the city's pension plan. In June 2003, council at that time approved the creation of a mayor's
assistant added to the classifications which were referred to as city council assistants. The
City Council Minutes of February 24, 2015
Page 18 of 20
resolution for this action removed the requirement for equal funding and maintained the cap of
1,000 hours per fiscal year for all classifications. She noted that shortly after the 1,000 hour ban
was lifted and all positions moved up to a maximum of 1,560 hours per fiscal year and
eventually the budgeting process stopped tracking hours with the only limitations placed on the
budget allocation for each aide within the discretion and responsibility of the council member
and at that time the mayor's assistant received an allocation of $100,000 and council aides an
allocation of $60,000. This arrangement, she explained, changed in FY 2012/13 when during
the June 2012 annual appropriations hearing, staff was directed to return to an equal funding for
each council member of $60,000 and in addition staff was directed to reevaluate the
classifications to make sure they were appropriate to meet the needs of the organization and
offered flexibility to council members for the level of support they needed. Staff then followed up
with a resolution approved by city council in November 2012 creating three new classifications
ranging from professional clerical support to assistance with policy analysis and research; i.e.,
City Council Aide I, City Council Aide II and a Senior Policy Aide, each with a flexible hourly pay
ranged based on the individual's qualifications and intended responsibilities. The newly created
positions, she explained, were excluded from the city's pension coverage.
Council Member Murray emphasized it was important to understand that an equal pay schedule
and structural classifications were drafted to meet the demands of individual city council offices
and the pay schedule reflected that council members and the mayor governed equally, with
responsibilities and roles relatively similar. She pointed out Anaheim did not have a strong
mayoral form of government and was professionally run and managed by a city manager. She
emphasized that at no time did staff direct a reduction in the mayor's assistant's hours with Ms.
Ridge confirming the action taken in June 2012 did not change the hourly pay rate, however it
changed the total allocation made available to that position. She noted that an annual salary of
$65,000 would not accommodate a 30 hour work week at an hourly rate of $41.59, because of
the pension cost which this individual chose to continue.
Council Member Vanderbilt was of the opinion that personnel matters required a closed session
with Mr. Houston responding the discussion was based on publicly available information and did
not require a closed session.
Council Member Murray continued, stating this individual was eligible to receive a $16,000
annual lifetime benefit, asking staff to confirm that statement. Ms. Ridge explained how the
benefit formula worked, stating that if the mayor's assistant earned 10 years of service at a
single highest rate of $41.59 per hour, she would receive a pension of $16,000 if she retired at
age 55. Ms. Murray stated that the mayor's assistant did not have her pay rate cut, she chose
to take a pension as well as a salary which then impacted and reduced her hours of work. In
answer to a question by Council Member Murray, Ms. Ridge stated that no other incumbents
occupying a senior policy aide position opted to continue their pensions but instead took the
new classification which excluded pension coverage. In addition, to put the part -time salary into
perspective, Ms. Murray called out beginning salaries of a number of positions in the city:
assistant engineer, police officer, firefighter and building inspector that earned more or less
$60,000 a year full time versus the part -time salary for council assistants
Ms. Ridge then announced that if council approved this action, it would restore the mayor's
assistant to 30 hours a week and in doing so, would increase expenses for the remainder of the
fiscal year by $12,000, an amount which could be absorbed in the current budget. Going
forward, she remarked, the allocation for that position might be slightly higher than $100,000 for
City Council Minutes of February 24, 2015
Page 19 of 20
the next fiscal year. Council Member Murray emphasized this was a part -time position with the
ability to earn $65,000 and she was not supportive of the increase.
Mayor Tait disagreed with statements made. He reported his assistant had worked for the city
for ten years and prior to that worked for 12 years for the Los Angeles County Board of
Supervisors and held a masters of public policy from Claremont. In 2002, she worked for the
former mayor, earning $60,000 annually plus benefits, and had declined her medical benefits
and had the right to retain her pension. He also pointed out the mayor's office budget for
Oakland and Fresno was $500,000, San Jose at $3.5 million, Riverside at $800,000 and Long
Beach at $1.1 million and he was distressed over the actions taken, stating it was done in a
retaliatory manner.
Mayor Pro Tem Kring remarked she would also not support approval of this matter, pointing out
that the cities the mayor identified were strong mayoral cities as reflected in their budget and it
was up to council members to manage their own budgets and employees. Council Member
Vanderbilt remarked he was not comfortable specifically discussing the mayor's staff but that his
sense was that council policy decisions should be broad and set parameters across the board.
He wondered what the allocation would be once city council members increased to seven and
he hoped when these types of matters were considered in the future, that personalities were
removed from the equation. Council Member Brandman remarked that in every budget until
2012, council aides were allowed to be part of the pension system and get health benefits,
asking if that was included in the $60,000 salary allocation or was it over and above. Ms. Ridge
replied the burden would have been included in the total allotment, but when the positions were
first created, by limiting them to only 1,000 hours, those incumbents would never have been
enrolled in the city's pension because it did not cover part -time employees that worked less than
1,000 hours. Overtime, however, the hours allowed increased to 1,560 which by then required
the city to enroll incumbents into the pension plan and then the burden would come out of the
total budget allotted. Council Member Brandman stated his aide left the pension program so
she could continue to take home the amount of pay she was previously receiving.
Council discussion continued. Mayor Tait called for the question to reinstate his council
assistant's pay prior to action taken in November 2012. ROLL CALL VOTE: NOES — 3:
(Mayor Pro Tem Kring and Council Members Brandman and Murray). AYES — 2: (Mayor Tait
and Council Member Vanderbilt). Motion failed.
REPORT ON CLOSED SESSION ACTIONS: None
COUNCIL COMMUNICATIONS:
Mayor Pro Tem Kring announced the grand opening of the La Palma Dog Park on Saturday,
March 7th. She discussed her attendance at the opening of Loch Ness at the Chance Theater
and the grand opening of the Bette Aitken Chance Theater. She also noted her attendance at
the ribbon - cutting ceremony for Hestan Commercial Corporation, a commercial cooking supply
company in Anaheim offering high end quality restaurant equipment operating with 30
employees.
Council Member Vanderbilt indicated he took advantage of the new Brookhurst Corridor
improvements which included a running path, sidewalks and a bike trail, adding that the Fire
City Council Minutes of February 24, 2015
Page 20 of 20
Department was now making available free helmets for kids under the age of 16 to encourage
biking in the community.
Council Member Murray reported her attendance at the Orange County Business Council
Association of California Cities annual legislative trip to Sacramento meeting with leaders as
well as members of the administration on issues of importance to the city and the county and
travelling at the city's expense. She also announced the opening of the La Palma Dog Park on
March 7 encouraging all residents to attend. Ms. Murray requested a recognition honoring
outgoing Anaheim Family YMCA president Paul Andresen for his service and for staff to bring
forward an item to determine resources and support for 100 Chances, an ESCRI mentoring
program for at -risk youth and inviting Lorri Galloway to share information about the program at
the next meeting. She also thanked Keith Olesen and area residents for their generous
donations to the K9 monuments to be located at Anaheim dog parks.
Council Member Brandman announced the 40th Annual Cypress Americana Foundation Dinner
recognizing Reon Boydstun Howard on Saturday, February 28th, indicating that he and Mayor
Pro Tem Kring would be attending and invited interested parties to support and attend as well.
Mayor Tait reported his attendance to the to the U.S. Conference of Mayors leadership meeting
in New York City, traveling at the city's expense for the purpose of discussing important matters
for the city.
ADJOURNMENT: With no other business to conduct, Mayor Tait adjourned the meeting of
February 24, 2015 at 9:49 P.M.
Respectfully submitted,
Theresa Bass
�°'� _ Acting City Clerk