04/07/2015ANAHEIM CITY COUNCIL REGULAR
AJOURNED MEETING OF APRIL 7, 2015
The regular meeting of April 7, 2015 was called to order at 3:00 P.M. and adjourned to 4:30
P.M. for lack of a quorum. The regular adjourned meeting of April 7, 2015 was called to order at
4:32 P.M. by Mayor Pro Tem Kring in the chambers of Anaheim City Hall, located at 200 S.
Anaheim Boulevard.
The meeting notice, agenda and related materials were duly posted on April 3, 2015.
PRESENT: Mayor Pro Tem Kring and Council Members: Jordan Brandman, Kris Murray and
James Vanderbilt. Mayor Tait joined the meeting at 4:33 P.M.
STAFF PRESENT: Interim City Manager Paul Emery, City Attorney Michael Houston and
Assistant City Clerk Theresa Bass.
ADDITIONS /DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS:
Addressing closed session Item No. 1, William Fitzgerald stated the lawsuit was the result of a
violation of the Brown Act by certain members of the City Council related to 155 acres of
stadium property /lease and prohibition of a Disneyland admission tax in exchange for luxury
Stadium boxes. Mayor Tait pointed out this speaker often used profanity and indecent
language while speaking at the podium and while the City requested speakers use decorum and
civility, under freedom of speech rights, it could not be enforced.
Cecil Jordan Corcoran spoke on matters reflective of his personal beliefs and unrelated to the
closed session agenda.
Cynthia Ward, addressing Item No. 1 on the closed session agenda, stated CATER had
submitted a third amended complaint closing all loopholes which kept the public from accessing
information regarding Angels Baseball negotiations and was providing Council with a copy of
that amended complaint. She added that the owner of Angel's baseball had indicated he had
been negotiating with City representatives dating back to the Pringle era and she wanted those
records provided as well.
At 4:41 P.M., Mayor Tait recessed for the following closed session matters.
CLOSED SESSION:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Coalition of Anaheim Taxpayers for Economic Responsibility v. City of
Anaheim, Orange County Superior Court Case No. 30- 2013 - 00695342
2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Sluder v. City of Anaheim et. At., Orange County Superior Court Case
No. 30- 2014- 00698557
City Council Minutes of April 7, 2015
Page 2 of 28
At 5:26 P.M., the Anaheim City Council returned from closed session and the agenda was
resumed.
INVOCATION Nathan Zug, Anaheim Fire and Rescue Chaplain
FLAG SALUTE: Council Member James Vanderbilt
PRESENTATIONS:
Recognizing the Mother Colony Household for their contributions to the
Anaheim Public Library Heritage Services Program
Stephen Faessel announced the Mother Colony Household had been founded in 1973 and its
board members and members had worked hard to preserve Anaheim's history, recently making
a significant donation to the Heritage Room. The organization was now sunsetting and he
thanked council for recognizing and honoring the contributions made by members of the Mother
Colony Household.
Recognizing the Canyon High School Boys Varsity Basketball Team for the
CIF Division 2AA Championship
Mayor Tait remarked the Canyon High School Boys Varsity Basketball Team brought honor and
excitement to all as they won over Lawndale 103 to 98 in double overtime. He recognized
Principal Kimberly Fricker and Coach Nate Pierson who introduced the team, emphasizing they
had won back to back CIF Championships and that this last game would go down as the
greatest game in CIF history.
ACCEPTANCE OF OTHER RECOGNITIONS (To Be Presented at a Later Date):
Proclaiming April 12, 2015, As Walk for Kids Day
Noel Burcellis, Orange County Ronald McDonald House, promoted the upcoming Walk for Kids
Day, a fundraiser for the McDonald House which offered accommodations to over 2,500 people
last year and 750 families.
Proclaiming April 12 -18, 2015, as National Volunteer Week
Kim Quach, volunteer coordinator for Community Services Department, thanked the city for
recognizing National Volunteer Week and giving staff a chance to highlight the volunteers'
dedication and the positive impacts they had on the community. She urged the public to look
into volunteering at public schools or the City's various programs and libraries and to view
anaheimvolunteermatch.org to find the right position for them.
Proclaiming April 12 -18, 2015 as National Public Safety
Telecommunicators Week
John Carter, Anaheim Police Department, spoke to the professionalism that 911 dispatchers
displayed to quickly and efficiently send firefighters and police officers to their destination
prepared to handle each call. Tracy Nolan and Stephen Craig, Anaheim Fire, remarked
dispatchers fielded thousands of calls each year and Anaheim was fortunate to have a
dedicated group of professionals serving the city.
City Council Minutes of April 7, 2015
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Proclaiming April 12 -18, 2015, as National Library Week
Audrey Lujan, City Librarian, announced the many activities planned to celebrate National
Library Week, inviting the community to attend.
Proclaiming April 2015, as the Month of the Military Child
Debbie Nichols, Military Children's Collaborative Group, thanked the city for bringing awareness
to the sacrifices and contributions made by military children. She announced there would be a
ceremony at the Phoenix Club on April 23 honoring children of active duty personnel, veterans
and fallen heroes.
Proclaiming April 7, 2015, as National Service Recognition Day
Nahla Kayali, Access California, thanked the city for recognizing National Service Day. On
behalf of AmeriCorp members in Anaheim, he stated there were 11 agencies serving the city,
speaking 16 languages and that in 2014, they served over 11,000 unduplicated clients. Most of
the members, she noted were refugees and nationally, the terminology was changing from
refugees and immigrants to "new Americans." Greg Ericksen, Corporation for National Service,
thanked the City Council for the recognition and announced Access California was a unique
program in Anaheim as it provides an inclusive approach to Arab and Muslim Americans.
Proclaiming April 15 -16, 2015, as National Holocaust Remembrance Days
Mike Rubin, speaking on behalf of the Anti - defamation League of Orange County /Long Beach,
thanked the city for recognizing Holocaust Remembrance Days and the goals of reflecting on
the loss of six million Jews and 12 million victims overall and to remember the lessons learned
to not stand idly by for any victims of oppression, bigotry and discrimination.
Proclaiming April 9, 2015, as Former Prisoner of War Day
Gary Mason, Anaheim Veteran of Foreign Wars, accepted the proclamation on behalf of former
prisoners of war captured during combat by enemy forces and the inhumane treatment they
suffered.
At 7:54 P.M., Mayor Tait called to order the Anaheim Housing Authority (in joint session with the
Anaheim City Council).
ADDITIONS /DELETIONS TO THE AGENDAS: Staff requested Item No. 11 be removed from
the agenda.
PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, a brief decorum
statement was provided by Assistant City Clerk, Theresa Bass.
Cecil Jordan Corcoran spoke on matters reflective of his spiritual beliefs.
William Fitzgerald, addressing Item No. 33, opposed the proposed measure stating its real
purpose was to continue a prohibition on an admission tax for Disneyland and that the council
member promoting the measure had ties to Disney Corporation.
City Council Minutes of April 7, 2015
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As a point of personal privilege, Council Member Murray responded to Mr. Fitzgerald's
comments, stating he had a history of bullying the women on this Council and there was not one
true fact in the statements he had made.
Wanda Shaffer, League of Women Voters, remarked that she not only represented North
Orange County, but also spoke on behalf of the Central Orange, Orange Coast and Capistrano
Bay Leagues of Women Voters. She urged Council to approve Item No. 27, stating on any night
in Orange County, 4,300 people were homeless and 1/3 contained households with minors.
The League had been following the County's 10 -year plan to end homelessness and recognized
the courage and determination it took to implement solutions for this complex issue. She added
that year -round emergency shelters and multi - service centers would not only meet critical needs
for the most vulnerable individuals and families, they would also address difficult social issues in
neighborhoods, local businesses and communities.
Kara Sandoval, USC intern social worker offering outreach at La Palma Park, objected to the
arrest, harassment and associated property loss to the homeless population in that area caused
by Anaheim police officers. She added that arresting and incarcerating the homeless was more
costly than finding a solution to the homeless problem and that everyone should be treated with
the same dignity and rights.
Sam Greek, Martin Commercial group, a property management/real estate brokerage firm,
addressed his comments to Item No. 27. He expressed his understanding and agreement that
homeless needed to be addressed however was alarmed by the secret nature of the resolution,
questioning how the Council could support a site if the location was not being revealed for public
discussion. He asked that the resolution be removed from the consent calendar to allow further
public comment and separate Council action. He asked that the location of the site be disclosed
and environmental review be conducted as to the appropriateness of the site. He asked if the
site had sufficient services, public transportation, parks and available health care, as well as
what the impacts would be for its surrounding businesses and residents.
Dan DeMeyere, resident near the Brookhurst Street Improvement project, requested better
lighting in the football field north of his house because of continuous tagging and that the bus
stop that was moved to the south side of the intersection be relocated because it was a blind
stop causing safety concerns.
Allison Davenport, Development Director of Mercy House, addressed Item No. 27. She shared
that as operator of the Armory Emergency Shelter program she has seen an unprecedented
number of homeless individuals accessed services at that shelter and on any given night, they
were at more than 95 percent capacity providing beds for 388 people per night. She indicated
this equated to over 2,000 unduplicated individuals, not including the over 500 parents and
children who were diverted to alternative family shelters. Mercy House pledged to support
Anaheim and its leadership with approval of Item No. 27.
Ron Bengochea praised the Parks Department for making the 34 annual baseball tournament
sites a showcase for attendees and baseball scouts visiting Anaheim. He offered his support to
Item No. 33, if it made it more difficult to impose future taxes that affected the residents of
Anaheim.
Steve Napolitano, President, Bottle Logic Brewery, explained he was located about one block
from the proposed homeless shelter and that in the last year, had to deal with multiple incidents
City Council Minutes of April 7, 2015
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of aggressive and criminal behavior by homeless individuals living near the brewery. He
expressed concern that with the approval of Item No. 27, a homeless shelter near his business
would see loiterers increase and further disrupt businesses in the area.
Robin Keeble spoke about living homeless and the challenges it posed in addressing everyday
normal needs. She supported approval of Item No. 27.
Scott Larson, HomeAid Orange County /Orange County Commission on Homelessness, spoke
in support of Item No. 27. Mr. Larson remarked when the 10 year plan to end homelessness
was developed by the county, one of the key priorities was to replace the two armories in the
county with year- round, 24/7 multi - service centers. He commended the Anaheim for their
support at both the political and staff level in efforts to find a site. He added that any location
would meet with some opposition but that it would take the political will and support of the
community to establish such a facility.
Tino Suffl, pastor, spoke about the Mayor's goal of kindness and the need to think outside the
box. He spoke of his own goals and praised the city's efforts in making the issue of
homelessness a priority and its collaborative effort in connecting with faith -based organizations
and other non - profits to address the problem.
Stephanie Stieler, First Light International Foundation, speaking on Item No. 27 emphasized a
multi - service homeless center provided professional help in many service areas using specific
agencies and non - profits with the goal of getting individuals off the streets permanently. She
spoke in support of the work of Anaheim Police Department and their special training in the area
of homelessness.
Ralph Winnick addressed Item No. 23, remarking he was in support of creating this parking
district on Della -Ord due to a growing problem with spillover parking from Orangewood and
Euclid. He requested Council's approval of the parking district.
Larry Larsen remarked that an entertainment tax had been proposed by the City Council in the
mid -70's that would have included Disneyland, Angels Stadium and three movie theaters in
town. Disney objected, Gene Autry threatened to move to Santa Ana and the tax was never
enacted. With Disney's stock now booming, and the elimination of the annual pass and higher
ticket prices around $100, he was in favor of a one percent gate tax for Disneyland.
Bob Cerince thanked Council and staff for their leadership in trying to accomplish something no
other city was able to do - establish a shelter and multi - service center for the homeless. He
added the Poverty Task Force supported those efforts and encouraged the city to consider all
options including a site at Harbor Boulevard and the 91 Freeway, adding that a letter expressing
preference for the Harbor site had been sent although he recognized finding the perfect site
would be a challenge. He encouraged the city to minimize barriers to access homeless service
programs and to consider SP2 zoning for sites under consideration.
R. Joshua Collins, Homeless Advocates for Christ, addressed challenges of the homeless in
Maxwell Park, the collection of their belongings by the police department and citations being
issued. He reported video of police activities was posted on his blog.
Patricia Deloera, resident, spoke in support of item No. 27, remarking that the benefits of a 24/7
shelter with its multi - service center could help with housing, job training and job opportunities.
City Council Minutes of April 7, 2015
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Joyce Little requested assistance in retrieving funds she believed belonged to her. Mayor Tait
suggested she speak with staff to see if there was some way the city could be of assistance.
Wally Courtney opposed the rehiring of Charles Black to renegotiate the Angels Baseball lease,
offering background and negative impacts from the results of his previous contract with the City
and supporting the hiring of Anaheim attorney, Wylie Aitken.
James Robert Reade addressed Florencia gang activity in Anaheim.
Deborah Phares, resident of Harbor Lofts and former Executive Director of OCCCO, expressed
her support of Item No. 27 with a brief story stating she appreciated the approach of OCCCO
and the Anaheim Poverty Task Force remarking that individuals alone were ill equipped to solve
the homeless problem and she believed the multi - service center would help facilitate the
participation of faith -based organizations, various non - profits and residents to provide long -term
solutions.
Nancy, resident, speaking of the deaths of Monique Deckard on March 8 th and Paul Anderson
on April 4 urged the city to address city policies related to police involved fatalities and African
Americans.
Caesar Muro, Santana Street resident, expressed his concern over numerous accidents
occurring on Santana Street from East to State College Boulevard, a stretch with no stop signs
or speed bumps. Mayor Tait requested staff looking into that concern and report back to
Council.
Vern Nelson believed the taxpayer protection act was about prohibiting a gate tax on Disney
because SOAR advisory board members showed up to speak against it. He spoke about his
thoughts on taxes stating he considered this to be a luxury tax, not a regressive tax, and one
that could be rebated back to Anaheim residents on their utility bills.
Mark Bertheim, Anaheim Poverty Taskforce, addressed Item No. 27 and thanked the city for its
leadership in addressing homelessness, stepping in with the county to take a stand and urging
the city to stay the course. He added if the site was picked across from the 91 that was more
remote and politically acceptable, some degradation of use would happen and all issues such
as thresholds for transportation, locale, services and natural habitat would have to be crossed.
An unidentified speaker spoke of his dissatisfaction with Mr. Charles Black. He also addressed
Item No. 27, remarking he appreciated Council's efforts to address the homeless situation, but
felt the most reasonable approach was to have small centers spread throughout the county,
rather than one centralized center serving large populations of homeless populations and
impacting the nearby community.
John Machiaverna, Boys and Girls Club Executive Director, announced if a homeless shelter
was located in Anaheim, he committed to have the children of the shelter picked up and brought
to the Boys and Girls Club for activities and a hot meal served by Bruno Serato. He supported
the multi - service approach and had seen the Boys and Girls Club success with that strategy
through their collaborative partners that helped support the organization.
Olivia remarked she came to the City Council to bring about change, to address policies related
to the deaths of Monique Deckard and Paul Anderson and the taking of belongings of the
City Council Minutes of April 7, 2015
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homeless in La Palma Park; she asked the city to dialogue with the public and figure out
alternatives that could effect change.
Kevin Hogan, resident, addressed his comments to Item No. 36, the potential replacement of
Charles Black as the city's lead Angels Baseball negotiator. He believed Mr. Black harmed the
city's negotiation position by moving the Angels opt -out date from 2016 to 2019 and producing a
framework for negotiations that benefited Angels Baseball and left residents with very little.
Moving forward he urged hiring a negotiator who would treat Angels Baseball with deference
and be mindful of the city's negotiating position and the stadium property.
Lou Noble urged support for Item No. 27, stating he hoped the multi - service shelter would be
expedited because the need was so great.
Richard Ward, resident, supported the replacement of Charles Black as Angels Baseball
negotiator stating his actions, which he detailed, caused the team owner to back away from
negotiations. He also recommended contracting with Wylie Atkin, in place of Mr. Black.
Dr. Patricia Adelekan thanked Council for appointing her to the Heritage and Cultural
Commission, remarking she would do her best to be of service to the city.
Cynthia Ward, CATER, addressed Angels Baseball negotiations and voiced her opposition to
Charles Black stating he materially misrepresented the contents of agreements he was
presenting to Council for approval. Regarding the proposed homeless shelter, she supported
the site location near her home, because the homeless were at La Palma Park. She added
studies showed homeless shelters maintained or improved real estate values in the
neighborhoods because individuals go from being homeless on the street into shelters.
Sandra Sagert announced Anaheim Beautiful was a volunteer nonprofit organization composed
of citizens, businesses and local organizations that were dedicated to encouraging, promoting
and preserving beauty in Anaheim. She presented a $500 contribution from Anaheim Beautiful
for the proposed La Palma Dog Park monument, a sculpture that would enhance the park and
be enjoyed by all. She also announced their 44 annual fundraiser scheduled for June 3rd at the
Aster Classics, adding that every penny was used to beautify the city.
Greg Diamond, CATER, recommended Council continue Item No. 32, the decommissioning of
San Onofre to give it the consideration it required and that Item No. 27 be removed from the
consent calendar to allow for further discussion. He offered his viewpoint on Item No. 33 and 34.
Donna Acevedo, resident, asked the city to look into the deaths of Monique Deckard and Paul
Anderson. She asked if the Public Safety Board would be reviewing the body cameras officers
were now using and urged the community to attend the next safety meeting on Thursday at 6
p. M.
Larry Slagle recommended approval of Item No. 33, a measure that would bring the city into
conformity with state law and a concept that had already been approved and supported by
Anaheim voters and stated his opposition to Item No. 35, stating that its approval would stymie
any development or growth.
Brian Chuchua mentioned the success of the Lion's baseball tournament adding that on the
second day of the game, no parking had been posted on La Palma and 80 parking spaces were
City Council Minutes of April 7, 2015
Page 8 of 28
lost which made it difficult for attendees. He opposed giving subsidies to auto dealers, and also
pointed out Disney paid a gate tax in Orlando, asking why they do not do the same in Anaheim.
COUNCIL COMMUNICATIONS: None
CITY MANAGER'S UPDATE: None
At 7:54 P.M., Mayor Tait recessed the City Council meeting to consider the Anaheim Housing
Authority Agenda, reconvening the meeting at 7:55 P.M.
CONSENT CALENDAR Mayor Tait pulled Agenda Item No. 20 from the consent calendar for
further discussion; Council Member Brandman pulled Item No. 21; Council Member Vanderbilt
pulled Item No. 23 and Council Member Murray removed Item No. 27. Mayor Tait indicated he
would abstain on Item Nos. 17 and 18 as his firm had worked with Orange County
Transportation Authority in the recent past. Mayor Pro Tern 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 Murray.
ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members: Kring, Murray, Brandman
and Vanderbilt.) NOES — 0. Motion Carried
B105 4. Receive and file minutes of the Housing and Community Development Commission
meetings of September 17, 2014 and December 17, 2014, Library Board meeting of
January 12, 2015, Cultural and Heritage Commission meeting of January 15, 2015,
Community Services Board meeting of February 12, 2015 and Public Utilities Board
meeting of February 25, 2015.
5. Approve Proclamations and Certificates of Recognition to be presented at a future
Council meeting for Mama Cozza's 50th Anniversary, Patriotic Week, International
D116 ME /CFS and Fibromyalgia Awareness Day, National Travel and Tourism Week, Chef's
Appreciation Week, Girl Scout Gold Award Recipients, and the Anaheim Public Utilities
WaterSmart Landscape Awards.
D129 6. Accept the Anaheim Fire & Rescue's 2015 -2020 Strategic Plan and Standards of Cover.
7. Accept the lowest responsive bid of JT Tech Inc., in an amount not to exceed $102,850
D1so including tax, for the purchase of computer networking equipment for the Police
Department and authorize the Purchasing Agent to execute the Purchase Order, in
accordance with Bid #8426.
8. Award the contract to the lowest responsible bidder, California Professional Engineering,
AGR -8776 Inc., in the amount of $297,330.50, for the Safe Routes to Schools Magnolia Avenue and
Winston Road Traffic Signal Installation Project and authorize the Finance Director to
execute the Escrow Agreement pertaining to contract retentions.
9. Approve a change order to Purchase Order 521 - 371005 with Air New Zealand Limited,
D180 in the amount of $162,131, to complete the repairs to Public Utilities' LM5000
combustion turbine generator and increase the not to exceed amount of the repairs to
$499,067 and authorize the Purchasing Agent to issue purchase orders for future CTG
repairs requested by the Public Utilities General Manager to the lowest responsive
City Council Minutes of April 7, 2015
Page 9 of 28
bidder, in amounts not to exceed $500,000 per repair, subject to available budget
appropriations.
10. Waive the sealed bid process of Council Policy 4.0 and authorize the Purchasing Agent
D180 to utilize the federal General Services Administration contract to purchase a fire
apparatus driver training simulation system from FAAC, Inc., in the amount of $318,500
plus applicable taxes, for Anaheim Fire and Rescue.
11. Approve the City of Anaheim joining the League of California Cities.
Item No. 11 was removed from agenda at the request of staff.
AGR -8777
12. Approve the Acquisition Agreement with Carlos Vila, in the acquisition payment amount
of $452,000, for the purchase of real property located at 1246 North Brookhurst Street
for the Brookhurst Street Improvement from 1 -5 to SR91 Project (R/W ACQ2013- 00454).
AGR -8778 13. Approve the Acquisition Agreement with Alfonso Coronel, Guillermo Coronel and
Trinidad Coronel, in the acquisition payment amount of $453,000, for property located at
1176 North Brookhurst Street for the Brookhurst Street Improvement from 1 -5 to SR91
Project (R/W ACQ2013- 00445).
14. Approve and authorize the Public Utilities General Manager, or designee, to execute and
AGR 7739.1 take the necessary, required, or advisable actions to implement and administer an
agreement, and any related documents, with Borrego Solar Systems, Inc., in the amount
of $40,650 per year, for the operation and maintenance of the Solar Energy Plant
located at the Anaheim Convention Center for a five year term with a 2.5% price
escalator for each optional five one -year renewal terms.
15. Approve the Final Map and Subdivision Agreement with Silveroak Investment
AGR 8677.11 Corporation for Tract No. 17700 located at 1619 South Euclid Street for construction of
eight single family homes.
16. Approve the Final Map and Subdivision Agreement with Silveroak Investment
AGR -8779 Corporation for Tract No. 17701 located at 1807 -1855 West Orange Avenue for
construction of 37 detached single family residences.
17. Approve Amendment No. 3 to Cooperative Agreement No. C -9 -0448 with the Orange
AGR - 5707.3 County Transportation Authority related to the amended funding plan for the Anaheim
Regional Transportation Intermodal Center.
Mayor Tait recorded an abstention on this item. Roll Call Vote: AYES — 4: (Mayor Pro
Tem Kring and Council Members: Murray, Brandman and Vanderbilt.) NOES — 0.
ABSTENTION — 1: Mayor Tait. Motion to approve carried.
AGR - 7084.4 18. Approve Amendment No. 4 to Cooperative Agreement No. C -1 -2958 with the Orange
County Transportation Authority for the Lakeview Widening Project South of the OC
Bridges Grade Separation Project.
Mayor Tait recorded an abstention on this item. Roll Call Vote: AYES — 4: (Mayor Pro
Tem Kring and Council Members: Murray, Brandman and Vanderbilt.) NOES — 0.
ABSTENTION — 1: Mayor Tait. Motion to approve carried.
City Council Minutes of April 7, 2015
Page 10 of 28
AGR- 7115.A 19. Approve the Amended and Restated Agreement with Mikyoung Kim Design, LLC, in an
amount not to exceed $648,485.78, for the creation, fabrication and installation of Public
Art at ARTIC and authorize the Public Works Director to take the necessary actions to
implement the agreement.
P124 22 RESOLUTION NO. 2015 -139 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain
real properties or interests therein (City Deed Nos. 11825 and 11826).
R100 24. RESOLUTION NO. 2015 -141 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM requesting temporary closures to Caltrans 1 -5 offramps for Tinker
Bell Half Marathon (May 9, 2015 and May 10, 2015; southbound 1 -5 at Harbor
Boulevard; northbound 1 -5 at Harbor Boulevard; southbound 1 -5 at Disney Way).
D154 25. RESOLUTION NO. 2015 -142 , A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM giving notice of its intention to approve an amendment to the
contract between the Board of Administration of the California Public Employees'
Retirement System and the City of Anaheim.
D154 -3 26. RESOLUTION NO. 2015 -143 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Police
Association and the City of Anaheim.
28. ORDINANCE NO. 6319 (ADOPTION) AN ORDINANCE OF THE CITY OF
C430 ANAHEIM amending Table 20 -D (Development Intensities: Platinum Triangle Mixed Use
M142 (PTMU) Overlay Zone) of Section 18.20.040 (Development Districts) of Chapter 18.20 of
Title 18 of the Anaheim Municipal Code, Nunc Pro Tunc, to correct errors or omissions in
Ordinance No. 6309, previously adopted (Introduced at the Council meeting of March
17, 2015, Item No. 22).
29. ORDINANCE NO. 6320 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM
0280 adding Section 4.04.400 to Chapter 4.04 of Title 4 of the Anaheim Municipal Code
relating to the establishment of a Special Sign District for the Anaheim Regional
Transportation Intermodal Center (ARTIC) and amending Section 18.14.130 of Chapter
18.14 of Title 18 and Section 4.08.020 of Chapter 4.08 of Title 4 of the Anaheim
Municipal Code to be consistent with the addition of said new Section 4.04.400
(Introduced at the Council meeting of March 17, 2015, Item No. 23).
30. ORDINANCE NO 6321 (ADOPTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM amending Section 1.04.395.040 of Chapter 1.04 of Title 1 of the Anaheim
Municipal Code (Exception to Limitations on City Board and Commission Service) and
Section 1.04.955.030 of Chapter 1.04 of Title 1 of the Anaheim Municipal Code
(Anaheim Sister City Commission - Composition and Appointment of Members) relating
to appointments of Educational Sector Voting Stakeholder Members of the Sister City
Commission (Introduced at the Council meeting of March 17, 2015, Item No. 24).
D114 31. Approve minutes of the Council meeting of March 3, 2015.
City Council Minutes of April 7, 2015
Page 11 of 28
END OF CONSENT CALENDAR:
20. Approve an agreement with Topp Strategies, in the amount of $10,000 per month, for
Al23 state advocacy services for a term of eighteen (18) months with an option for the City
Manager to extend the agreement for three one -year renewals.
Mayor Tait requested this item be continued to the next meeting to allow him additional time to
study the data, seconded by Council Member Vanderbilt. Roll Call Vote: AYES — 3: (Mayor Tait
and Council Members Kring and Vanderbilt). NOES — 1: Council Member Murray.
ABSTENTION — 1: Council Member Brandman. Motion carried.
21. Oppose California Senate Bill 355, a bill that would reduce Orange County's voting
D116 representation on the San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy Board.
Greg Garcia, Deputy City Manager, explained Item 21 was for the approval of a letter of
opposition to California Senate Bill 355, legislation that would reduce Orange County's voting
representation on the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy
(RMC board). The RMC board, he stated, was important to regional collaboration on
environmental and water quality issues throughout the RMC territory which included water
sheds for portions of the lower Santa Ana River and since the creation of the San Gabriel and
Lower Los Angeles Rivers and Mountains Conservancy in 1999, the County of Orange had
been represented on that board by two voting members. Currently the board consisted of a
total of 13 voting members with an additional seven ex- officio non - voting members. If enacted,
he explained, SB 355 would cut Orange County's voting capacity on the board in half leaving
Orange County under - represented at a time when equitable representation on the RMC board
was critical especially as Proposition 1 funds began to be distributed. Therefore, staff
recommended a letter of opposition to the bill.
Council Member Brandman stated he preferred Orange County's representation to remain at
two members and since this bill had yet to be heard in its first policy committee, he would like
the Council to consider an amendment to allow an additional voting member for the City of Los
Angeles and keep Orange County's voting members at two, bringing the total to 14 members,
rather than the current 13 (similar to the makeup of the Coastal Commission). He indicated this
amendment would give the City a proactive position and would help Orange County allies such
as Senator Bates and Senator Mendoza, on the next committee should it pass.
Council Member Brandman then moved to amend the letter to support an increase in the
number of representatives to 14 board members to reflect an addition of a Los Angeles
representative and to return with that letter for consideration (stating if SB 355 was amended,
the city would not oppose) on April 21 seconded by Mayor Pro Tem Kring.
DISCUSSION: Council Member Vanderbilt requested clarification with Mr. Brandman replying
that SB 355, as written, would reduce one member from Orange County and add one from the
Los Angeles area. Rather than reducing members, he suggested allowing the addition of an LA
area representative so that the total voting members would be 14, rather than the current 13,
especially since there was precedent for other commissions and boards having similar
representation.
Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Kring, Murray, Brandman and
Vanderbilt). NOES — 0. Motion Carried.
City Council Minutes of April 7, 2015
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23. RESOLUTION NO. 2015 -140 A RESOLUTION OF THE CITY COUNCIL OF THE
D175 CITY OF ANAHEIM establishing Permit - Eligible Parking District No. 34 (Della -Ord) and
determine the action is exempt from the California Environmental Quality Act (CEQA) pursuant
to Regulation No. 15061(b)(3).
Council Member Vanderbilt stated he would support this item today as the city had proposed a
method to establish parking districts and for neighborhoods to implement a plan of their
choosing and this community had used this method to solve their parking problems. He added
that after learning more about this process and the increased parking problems in the city, he
felt there should be a more comprehensive approach to the parking issue and he would most
likely object to future parking permit districts for neighborhoods that had not yet begun this
process. Mayor Tait shared the same concerns, adding that he would like staff to look at other
methods to address parking concerns, however, on this item he would vote in the affirmative.
Mayor Pro Tem Kring remarked that in an abundance of caution she would abstain on this item
as she lived around the corner from this area and left the dais at 8:07 P. M.
Council Member Vanderbilt moved to approve RESOLUTION NO 2015 -140, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing Permit -
Eligible Parking District No. 34 (Della -Ord) and determine the action is exempt from the
California Environmental Quality Act (CEQA) pursuant to Regulation No. 15061(b)(3), seconded
by Council Member Murray who added her support for other potential alternatives to be brought
back to council for consideration in the future.
Roll Call Vote: AYES — 4: (Mayor Tait and Council Members: Murray, Brandman and
Vanderbilt). NOES — 0. ABSTENTION — 1: Mayor Pro Tem Kring. Motion Carried.
Mayor Pro Tem Kring returned to the dais at 8:09 P.M.
27. RESOLUTION NO. 2015 -144 , A RESOLUTION OF THE CITY COUNCIL OF THE
D144 CITY OF ANAHEIM offering support for the County of Orange's efforts to develop a
year -round homeless emergency shelter and multi - service center for North Orange
County.
Mayor Tait remarked he would abstain on this item as his firm had worked with the County of
Orange in the recent past and left the dais at 8:09 P. M.
Kristine Ridge, Interim Assistant City Manager, reported this item was a resolution supporting
the efforts by the County of Orange to develop a year -round emergency shelter and multi-
service center at an industrial site in the Canyon Business Center at 1000 North Kraemer Place.
She noted city efforts were the focus of a workshop held 12 months ago when staff discussed
the need for a year -round emergency shelter with a multi - service center as an important goal to
reach and that the County of Orange was taking the lead to develop this type of facility as a
component of its 10 -Year Plan to End Homelessness.
Ms. Ridge remarked the County had recently identified the Kraemer Place site under
consideration and looked forward to working collaboratively with the city to reach their goal,
requesting a show of formal support from the city. She indicated the resolution recognized the
efforts of many at addressing homelessness and also recognized that while the goal was
permanent housing, there was also a real need for a year -round shelter. The resolution also
City Council Minutes of April 7, 2015
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identified the County as the regional agency with a plan for development of such a facility and
identified city support for the site being considered as well as support for consideration of any
zoning change and funding assistance, subject to future approval, along with coordination of
local existing services to ensure the successful operation of the center.
She introduced Karen Roper, Orange County Commission to End Homelessness, who was an
integral part of the team, indicating she and Ms. Roper were available for questions.
Council Member Murray thanked staff and Orange County leaders who worked with the city for
several years analyzing options to move forward with a full - service homeless shelter that had a
full range of social services available. This site was a viable option for North Orange County
where there were significant homeless populations in Anaheim, Orange, Placentia, Yorba Linda
and Fullerton and would serve all those cities. She added Fullerton officials spoke in support of
this effort at the OC Board of Supervisors meeting, and discussions about splitting the costs to
fill in any gaps were being considered, an effort she would support to insure the success of this
center. For those that objected, she pointed out that reaching this point had not come easily as
she had worked with Karen Roper on a homeless task force more than ten years ago. She
noted the city's efforts in developing programs with CityNet, Mercy House and Illumination
Foundation, as well as, partnering with the county in the absence of a shelter were a source of
pride and moved to approve RESOLUTION NO. 2015 -144, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM offering support for the County of Orange's efforts to
develop a year -round homeless emergency shelter and multi - service center for North Orange
County.
DISCUSSION; Mayor Pro Tern Kring fully supported this facility, remarking the Kraemer site
was the best option for location of the shelter with the goal of getting people off the street.
Roll call vote: AYES — 4: (Mayor Pro Tern Kring and Council Members: Murray, Brandman and
Vanderbilt.) NOES — 0. ABSTENTION — 1: Mayor Tait. Motion Carried.
At 8:19 P.M., Mayor Tait returned to the dais and the agenda was resumed.
32. RESOLUTION NO. 2015 -145 A RESOLUTION OF THE CITY COUNCIL OF THE
AGR- 1694.11 CITY OF ANAHEIM authorizing the commencement of decommissioning of Units 2 and
3 of the San Onofre Nuclear Generating Station effective June 7, 2013
Approve the SONGS Decommissioning Agreement (Decommissioning Agreement)
among Southern California Edison, San Diego Gas & Electric, the City of Riverside, and
the City of Anaheim (Anaheim) (collectively Co- Participants), which is in substantially
final form, the final form of which shall be conclusively evidenced by the execution and
delivery thereof by the Co- Participants; authorize and direct the Public Utilities General
Manager (GM), or designees, to execute the Decommissioning Agreement, with any
additions, revisions, or amendments thereto that are in substantial conformance with the
Decommissioning Agreement as determined by the City Attorney's Office, and any other
related documents including, but not limited to, documents, notices, consents,
disclosures, reports, certificates, plans, and compliance submittals and for the GM or
designees and other Anaheim staff to take any and all actions as envisioned in the
Decommissioning Agreement that are necessary, required, or advisable to implement
and administer the Decommissioning Agreement or otherwise participate in SONGS
decommissioning activities and undertakings; and authorize the Public Utilities
City Council Minutes of April 7, 2015
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Department to utilize, on an interim basis, proceeds from the Revolving Credit
Agreement (Line of Credit) between Anaheim and Wells Fargo Bank, National
Association, for periodic draws through the term of the Line of Credit up to a maximum
cumulative not -to- exceed amount of $20 million for the purpose of providing an interim
funding mechanism, if needed, for paying decommissioning cost and expense invoices
until decommissioning funds are released from the Decommissioning Trust Fund.
Mayor Tait indicated he had a potential conflict of interest on this matter as his firm had worked
with SCE in the recent past and left the dais at 8:20 P. M.
Dukku Lee, Public Utilities General Manager, reported in 1968, the SONGS project began
construction with Units 2 and 3 beginning operation in 1983 and 1984, the period of time in
which Anaheim became involved. The site was leased from the U.S. Navy and after all
decommissioning activities took place, it would be returned to the Navy. As of 2005, he stated,
the co- participants included Southern California Edison (SCE), San Diego Gas & Electric, the
City of Anaheim and the City of Riverside; Anaheim's participation was 3.16 percent with about
70 megawatts or 12 percent of the City's peak demand. In 2003, SCE indicated the steam
generators for Units 2 and 3 needed replacement at an estimated cost of $785 million, of which
the City of Anaheim's portion would be 3.16 percent of that amount. At that time his
predecessors took a look at whether that was the right course to take given the expense of the
replacement, other competing interests, the need to address the state's interest in more
renewable energy and the fact that Anaheim needed more peaking capacity or the ability to
flexibly meet the demand (which was why plans for the Canyon Power Plant were developed).
That year, he remarked, the city council approved the transfer of Anaheim's 3.16 percent
ownership to SCE and in 2006 stepped away from the project. In 2011, the steam generators
developed problems and ultimately were shut down in 2013 which meant Anaheim's early exit
had some financial benefit to the city.
Mr. Lee stated the US Nuclear Regulatory Commission who handled all the safety issues
associated with nuclear matter required the city to set up a decommissioning trust fund at the
beginning of its participation which meant the City was now fully funded for its portion of the
decommissioning liability. Other agencies involved included the California Coastal Commission
responsible for the environmental mitigation measures including marine mitigation; and the
California Public Utilities Commission (CPUC) that managed the obligations of San Diego, SCE
and the respective councils for Anaheim and Riverside. The decommissioning agreement
included who did what, what type of activities would take place, what the financial resources
were for each entity, as well as legal ramifications. It identified SCE as the decommissioning
agent, as they were the operators of San Onofre, and identified responsibilities of the general
contractor, audit rights and a dispute process. Mr. Lee indicated the decommissioning
scheduled would take 50 to 60 years to complete and identified milestones in the process as
follows: in 2019, the spent fuel would be removed to dry cast storage containers, in 2024 the
equipment (reactors and the balance of the plant) would be removed; in 2028 the full
decommission demolition of all buildings involved would take place with site restoration
completed by 2051, including marine mitigation measures. The fuel would be contained on site
for a period of time and then transferred to the dry cast storage containers (stainless steel
containers inside reinforced concrete structures), a process supervised by the Nuclear
Regulatory Commission to ensure safety and in consideration of all potential situations such as
seismic activities, lightning storms or tsunamis. Ultimately, he explained, this agreement would
be able to transport the spent fuel into a federal repository, should one become available.
Currently, he pointed out, the Yucca Mountain site was not open, however the cost associated
City Council Minutes of April 7, 2015
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with transferring that nuclear material was already considered as part of the decommissioning
cost.
The overall cost of the project was $4.4 billion, approved by the NRC and with Anaheim's
original 3.15 percent participation reduced to 2.5 percent; the city's share of the
decommissioning obligation was $110 million. With Anaheim currently funded at $130 million,
the department would recommend keeping $20 million for contingency purposes.
Mr. Lee emphasized when the city avoided investment in the steam generators in 2005, $25
million in capital costs were avoided along with a savings of $134 million for the continued
operation and maintenance between years 2007 and 2012. In addition, because of the reduced
decommissioning obligation reduction in Anaheim's percentage participation because the longer
the plan ran, the lesser the participation value was, another $29 million was saved resulting in a
total savings of $188 million, all as a result of leaving early.
Mr. Lee ended his presentation recommending approval of the decommissioning agreement,
accessing the decommissioning trust fund of $130 million and recommending using the city's
$100 million line of credit for liquidity purposes with $20 million dollars allocated for payment of
expenses as they came up, giving the city more flexibility and allowing for quick turnover of
invoices and corresponding payments.
Council Member Vanderbilt inquired at what point in time would the total project costs be known
which would allow the contingency dollars to be freed up for other uses. Mr. Lee replied that
staff recommended the contingency fund remain in place until they were certain that all
environmental issues had been addressed, all decommissioning activities were fully completed,
and site restoration ended as well, at the very least a time period of 30 years. He added that
the funds would continue to accrue interest over that period.
Council Member Murray thanked the Public Utilities team, both past and present, for their
foresight in a major impact to southern California, the decommissioning of San Onofre. She
added this was an issue that took detailed research and analysis and was well thought out with
the recommendation taking into consideration local, state and federal regulatory agencies. She
was comfortable going toward and moved to approve RESOLUTION NO. 2015-145 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the
commencement of decommissioning of Units 2 and 3 of the San Onofre Nuclear Generating
Station effective June 7, 2013, seconded by Council Member Brandman.
Roll Call Vote: AYES — 4: Mayor Pro Tern Kring and Council Members: Murray, Brandman and
Vanderbilt. NOES — 0. ABSTENTION — 1: Mayor Tait. Motion Carried.
At 8:32 P.M., Mayor Tait returned to the dais.
33. RESOLUTION NO. 2015 -146 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a General
E127 Municipal Election to be held on Tuesday, November 8, 2016 and ordering the
submission of a proposed amendment to the City Charter to the electors of said city at
said election (Measure No. _ - Require 2/3 Vote of the City Council to Propose Taxes,
aka "The Anaheim Taxpayer Protection Act ") (Continued from the Council meeting of
March 3, 2015, Item No. 11).
City Council Minutes of April 7, 2015
Page 16 of 28
Council Member Murray requested this measure be considered by council and thanked staff for
providing answers to questions that were posed regarding bond rating impacts along with
feedback from the city's financial consultants and city staff that enacting this measure would not
have an impact to the city's bond ratings. She remarked the charter amendment reflected 30
years of city tax policy when Proposition 62 was passed by 65 percent of Anaheim voters in
1986 to require a 2/3 vote of local governing agencies to pass any new taxes. She emphasized
it had nothing to do with a gate or entertainment tax but applied to utility taxes, sales taxes and
other types of regressive forms of taxes. She remarked the courts created loopholes because
the proposition amended state statute and not the constitution, and charter cities were then
exempted from that provision. She thanked the supporters of this amendment that included
elected officials from most of the cities in the county who believed this was a common sense
conformity measure and the various organizations such as the Orange County Taxpayers
Association, Orange County Business Council, Association of California Cities /OC and others
who believed this was good public policy.
She then moved to approve RESOLUTION NO. 2015-146 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, calling and giving notice of the holding
of a General Municipal Election to be held on Tuesday, November 8, 2016 and ordering the
submission of a proposed amendment to the City Charter to the electors of said city at said
election (Measure No. _ - Require 2/3 Vote of the City Council to Propose Taxes, aka "The
Anaheim Taxpayer Protection Act "), seconded by Mayor Pro Tern Kring stating she was
supportive of approving this amendment for the protection of taxpayers.
DISCUSSION: Mayor Tait remarked it was already difficult to raise taxes in any city and that
some types of taxes required a higher threshold than a majority vote to do so. With the election
of Anaheim Council Members changing from "at large" to "by district," he was concerned this
measure could tie the hands of future City Councils. He added that since 1986 when Prop 62
passed, the city had borrowed significant amounts of money resulting in debt payments of $15
million a year, subsidy incentives had been granted for future hotel transient occupancy tax at
$158 million along with a sales tax rebate for the GardenWalk project, and if the city approved a
proposed street car, it could amount to a $30 million initial payment plus $4 to $10 million in
operating costs. Furthermore, he indicated, at the end of this year the city's unfunded pension
liability, in the amount of $500 million, would be reflected on its balance sheet. He was
concerned that if optimistic revenue projections did not come through, the city would be faced
with tough decisions, and if it took five council members to put a tax on the ballot, the city could
be forced to cut services.
Mayor Pro Tem Kring commented that Council was elected to make good decisions for the city
and she believed protecting the taxpayers with this measure was the right thing to do.
Regarding debt obligations, she added, the city had not missed a payment on the $500 million
bond obligation that she and Mayor Tait supported in 1996 and because of the success of the
beautification of the Resort, the Convention Center expansion opened in 2000. She added the
city was well run and all obligations had been met. She further noted if the GardenWalk hotels
were never built, the developer would receive no TOT revenues and she would rather have TOT
from a four -star hotel at 10 percent versus a three -star hotel at 90 percent. Mayor Tait
responded there was nothing in the GardenWalk agreement that required a four -star hotel and
the assumption that such a hotel would not impact and decrease the revenues received from
other hotels was wrong.
City Council Minutes of April 7, 2015
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Council Member Murray emphasized this measure was solely about compliance with state law
that had been in practice for 30 years for the majority of cities in California with no resulting
negative economic impacts. Regarding bond obligations, she pointed out the largest bond
financing the city ever undertook, the $500 million Resort improvement bonds, resulted in
revenues that allowed the city to survive the worst recession in recent history. She added
Anaheim voters had approved Proposition 62 thirty years ago and she felt the voters should
have an opportunity to vote again on that topic and close the unintended loophole for charter
cities.
Council Member Vanderbilt remarked that fundamentally he was in agreement that the city
should be in compliance with the voters who approved Proposition 62 in the 80's. He was also
aware when voters were asked in 2010 if they wanted state legislators to reduce their voting
authority to pass the budget to a simple majority from a 2/3 majority, Anaheim residents voted
against the change, although it passed statewide which expressed their reluctance to have less
than a majority in place. His real concern was the biased titling of all three measures on the
agenda and was in favor of moving this item forward for the voters to decide absent the
language of "Anaheim Taxpayer Protection Act ".
Council Member Vanderbilt then moved to amend the resolution striking the title, seconded by
Council Member Murray. Mr. Vanderbilt added that he would be applying that same request to
the other measures on the agenda and for any future measures. Mr. Houston pointed out that
in terms of what was presented to the voters in the ballot pamphlet, the measure would read
"Require 2/3 vote of the City Council to propose taxes" and the other two measures would have
similar unbiased language as required by the courts. The title could be used in in Section 1 of
the ballot pamphlet document or in political campaigns but not on the ballot question itself.
DISCUSSION: Council Member Murray stated the language came from Howard Jarvis' last
major initiative when he led an effort to get this qualified because he felt protections were not in
place at a local level; however, she was comfortable striking that title from the resolution as well
as Section 1 of the Charter amendment being proposed and not replicated elsewhere.
Roll Call Vote: AYES — 3: Mayor Pro Tern Kring and Council Members Murray and Vanderbilt.
NOES — 1: Council Member Brandman. ABSTENTION — 1: Mayor Tait. Motion
Carried.
Council Member Vanderbilt remarked many of the issues discussed would play out in the
campaign and he had faith the voters would make a sound decision based on the arguments
presented today and in the future and was the reason why he would support approval of this
measure. Mayor Pro Tern Kring called for the vote. Mayor Tait inquired if a written opinion,
rather than a letter, had been received relating to whether this measure would impact future
bond ratings for Anaheim. Paul Emery, Interim City Manager, responded a letter from the city's
financial advisory had been received that stated there was no evidence to suggest that this
measure would have any impact on bond ratings. Mayor Tait questioned that statement,
remarking bond holders would be concerned about a municipality's ability to make payment for
the next 30 years and one of the things that affected debt payments was what would happen if
the economy dropped putting those bonds at risk and raising taxes was more difficult to do in
the future. Mr. Emery responded when Prop 62 passed with this new requirement, it was his
understanding that no correlative data that suggested the bond ratings for any of these
municipalities was impacted in any way as a result and that a financial advisory could not
surmise about the future and only looked at what experience had shown based on when the
proposition passed. Mayor Tait stated he read an article in the Los Angeles Times in 1996 that
City Council Minutes of April 7, 2015
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bond ratings dropped because the threshold to pass a tax was higher and across the board
cities bond ratings decreased and that was why he was concerned about the proposed
measure. Mr. Emery added that Anaheim had gone through recent bond ratings and its financial
economy was strong and 30 years from now, it may be one of the factors taken into account in
any bond rating, but there was no correlation to suggest that would be an overriding factor.
Mayor Tait suggested that it would be a factor that was considered and added that before this
went before the public for a vote, he would like a formal written opinion on that issue.
Mayor Tait reiterated there had been a motion by Council Member Murray to approve the
amended RESOLUTION NO. 2015 -146 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a General
Municipal Election to be held on Tuesday, November 8, 2016 and ordering the submission of a
proposed amendment to the City Charter to the electors of said city at said election (Measure
No. _ - Require 2/3 Vote of the City Council to Propose Taxes, seconded by Mayor Pro Tern
Kring.
Roll Call Vote: AYES — 3: Mayor Pro Tern Kring and Council Members Murray and Vanderbilt.
NOES — 2: Mayor Tait and Council Member Brandman. Motion Carried.
34. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a
General Municipal Election to be held on Tuesday, November 8, 2016 and ordering the
E127 submission of a proposed amendment to the City Charter to the electors of said city at
said election (Measure No. _ - Voter Approval Required for Certain City Actions
Regarding Bonds, aka the "Protect Taxpayer From Debt Act ").
Mayor Tait requested this measure be placed on the agenda remarking the City Charter stated if
the city were to borrow large sums of money in which debt was incurred, such as bonds, that
the voters be asked to first approve that borrowing and that it had been included in the charter
because there of concerns that one city council could affect future generations by its actions.
He added there was a loophole which allowed cities to partner with the Redevelopment Agency
and Financing Authority and that new entity could issue debt and did so on numerous occasions
in Anaheim, the most recent being a $200 debt for the expansion of the Convention Center. He
requested Council place this measure on the ballot to allow the public to weigh in on any future
indebtedness and then moved to approve the proposed resolution, seconded by Council
Member Vanderbilt.
Mayor Pro Tern Kring pointed out there were two types of bonds, a general obligation bond that
already required the public's vote and a revenue bond, that had a source of revenue to back
those bonds; she emphasized the bonds for the expansion of the Convention Center were
revenue bonds, not general obligation bonds. She opposed this measure stating progress would
be stopped if all bonds required the public's approval for two reasons: a special election would
cost the taxpayers $200,000 and /or a time delay of 18 months up to 2 years to wait for an
election could have negative economic impacts.
Council Member Vanderbilt moved to strike the language "Protect Taxpayer from Debt Act" from
the measure, with Mayor Tait stating he would yield to the request. Mr. Houston emphasized
Mayor Tait's motion to approve the item would include the amended language to strike "protect
taxpayer from debt act." Council Member Murray requested a staff report to address concerns
City Council Minutes of April 7, 2015
Page 19 of 28
raised that there could be consequences to the city's ability to provide services through regular
bond financing that had been historically implemented in Anaheim.
Kristine Ridge, Interim Assistant City Manager, reported for each of the charter amendments
Council was considering, the City Manager's Office conducted an analysis in order to provide
information on any potential ramifications from the proposed changes to the City's charter as
well as to address specific questions raised. Regarding item 34, "Voter Approval Required for
Certain City Actions Regarding Bond ", staff analyzed the implications, if any, to the practical or
cost impacts to use various debt financing, along with the impact, if any, to bond ratings. For
background information, she explained, the city routinely used bond financing issued by other
governmental entities as an efficient and effective means to secure proceeds for capital projects
or to retire previous debts should it be financially advantageous.
She noted proceeds from past issues provided funding for construction of public facilities, land
acquisition, enhanced traffic circulation, sanitary sewer collection and a variety of other public
improvements. The practical and cost impacts identified by staff included disparate treatment of
business type activities while electric and water issues were excluded; others such as sanitation
and utility were not under this measure. She stated other impacts while not clearly understood
at this time and included potential financing done for various assessment districts which may be
governed under separate state law, or for conduit financing done on behalf of community
providers and by the Housing Authority for housing developers. She indicated staff believed the
conduit financing on behalf of community providers would most likely not be impacted but that
the Housing Authority conduit financing would and could lead to a potential loss of fees for that
entity. The greatest cost impact, she explained, was in the area of refunding bonds, the only
type of debt the Successor Agency could issue and implemented only if savings would occur.
She added that state law currently provided for debt that originally received voter approval such
as government obligations bonds to be refunded without voter approval if it would result in
financial savings and while this change did not prohibit refunding, it would likely create
additional challenges to take advantage of market timing.
To provide some perspective, she reported the city produced net present value savings of over
$30 million from the last 18 issues refunding outstanding principal balances and for bond
ratings, and relied as usual on the input from PFM Asset Management, the city's financial
advisor. While the proposed change was not intended to impact current bond holders, PFM
believed the two tiered system would cause current investors serious concerns and should there
be fiscal problems, it could become an issue that resulted in a downgrade.
Council Member Murray requested Finance Director Debbie Moreno to speak to PFM's
response, indicating it would be helpful to know if this was a positive step to take from a public
policy standpoint. Ms. Moreno responded that PFM indicated that because this proposed
measure was unprecedented, there were a number of legal questions regarding how investors
would view Anaheim's situation currently and going forward. With this last bond issue, the city
was able to achieve savings in both the Convention Center and the term to reduce costs, and as
was seen with the original delay with the Convention Center expansion bond issue, the
expected cost increased by $10 million in six months. In addition, if delays occurred to get voter
approval, it could be problematic and costly, therefore achieving saving /refunds may be difficult,
as well with the timing of elections and markets. Ms. Murray asked if the Finance Director
would recommend this policy based on the advice received from its financial advisors with Ms.
Moreno replying that there were so many unknowns that this did not appear this to be an
advisable policy at this point. Council Member Murray remarked for the reasons stated, she
City Council Minutes of April 7, 2015
Page 20 of 28
was not prepared to support this measure. Mayor Tait asked Ms. Moreno if based on her own
experience would she be favorable should the measure be amended to allow refunding of
existing bonds as long as the term length did not increase. Ms. Moreno indicated she would
worry about recommending the measure based on the advice of the financial advisors and legal
concerns raised.
Mayor Tait asked the City Attorney why $200 million of bonds were able to be issued without a
vote of the people, as required by the City Charter. Mr. Houston responded this matter was
litigated but it occurred because the City Charter applied to the City Council, not a separate
governmental entity even when the bonds would benefit the City. Mayor Tait emphasized that
with this proposed measure he was simply trying to close a loophole that allowed circumvention
of the Charter. Mayor Pro Tern Kring asked if market interest rate timing would be difficult under
this measure with Ms. Moreno responding that it could be problematic both with refunding
opportunities or new projects. Council Member Vanderbilt inquired whether past refinances
were always for the original amount of the loan or a combination of refinancing and new
financing, or a greater amount. Ms. Ridge responded in the case of Successor Agencies,
refunding would only retire debt. Ms. Moreno added that the last bond issue with the
Convention Center was a combination of refunding to achieve savings but also borrowing new
monies for a new project. Mayor Tait stated he would amend his motion to approve the
measure stipulating it did not apply for refinancing of an existing debt where the duration of the
payback was not increased. Mr. Houston remarked for the record, that amendment was part of
an earlier draft that had been prepared by the City Attorney's office and staff would not
necessarily have to return with that amendment, if Council were to act upon the motion.
Mayor Tait then moved to offer that amendment, seconded by Council Member Vanderbilt.
DISCUSSION: Mayor Pro Tern Kring remarked the compromise did not go far enough for her
and she was concerned that missing an opportunity in the financing market could cost the city
millions of dollars, such as the $10 million cost of extending the Convention Center financing
that had already occurred. Council Member Murray stated the Mayor had requested an
amendment that allowed the refinancing of existing debt without voters as long as the duration
was not extended, asking staff if that was viable in financial markets. Ms. Moreno responded
there were certain tax considerations that must be considered to be able to extend debt and she
had not seen that occur in Anaheim. To the question of whether the Convention Center debt
was extended, Ms. Moreno responded that some of it had been paid off earlier. Ms. Moreno
was asked to respond to allegations that Council further burdened the debt of the city, and she
replied the debt had been either shortened or the same term and there was a new obligation for
the expansion. Ms. Murray inquired what would happen with regards to the investor community
because the city would have a two - tiered system that was unprecedented with Ms. Moreno
remarking Anaheim may not be as competitive. For all those reasons, Council Member Murray
reiterated she would not be supportive of this measure.
Mayor Tait disagreed stating that it would be fiscally irresponsible to enact the earlier measure
requiring a supermajority vote and rejecting this measure because it impacts bondholders by
making it easy to borrow and harder to pay it back. Council Member Murray pointed out that
over the last 25 years, staff's recommendation had been based on research, analysis and a
recommendation based on the best interests of the city and had been shown to be true. Mayor
Tait disagreed stating the effects of the GardenWalk subsidy had not yet been seen and he
questioned the assumptions on which they had been based. Council Member Murray indicated
Mayor Tait was opposed to expanding the Convention Center and using public financing to do
City Council Minutes of April 7, 2015
Page 21 of 28
so, but that staff, bond counsel and legal staff had put significant resources in that
recommendation and actually reduced debt while creating future revenue opportunities. Ms.
Moreno confirmed, upon request, that existing debt was refunded for savings, new money was
borrowed for a new project and the annual debt service for both of those combined were at or
below existing debt levels for the last ten years. In addition, additional revenue could then be
generated off the Convention Center above those debt levels that had been in place for years;
the Finance Director stated it was the correct fiscal step to take.
Regarding GardenWalk, Ms. Murray explained the $158 million was a cap in the agreement and
the City believed the entire project would generate new tax dollars of $84 million over the terms
of that agreement and of that total, $255.6 million was expected to be retained by the general
fund. In addition, it was estimated that nearly $71 million would be dedicated to accelerating the
retirement of existing resort bonds by two years or more which could equal $16 million a year in
savings. Another $23 million would be received in sales and property tax from the development
of this project and if never built, not $1 would be spent and none of this new money would be
generated. She added this was the kind of project that had been supported by previous
councils that let to new private investment and new revenue dollars, was based on two
economic studies and highly recommended by staff. Mayor Tait disagreed, indicated those
numbers could be debated when Item No. 35 was heard.
Mayor Pro Tern Kring remarked if the Convention Center did not expand, the city was in
jeopardy of losing 99,000 NAMM attendees and 71,000 Natural Products conventioneers along
with the millions of dollars they brought in. She called for the question.
Mayor Tait had moved to amend the resolution so the measure did not apply to refinancing
when the duration of the debt did not increase, seconded by Council Member Vanderbilt. Roll
Call Vote: AYES — 2: Mayor Tait and Council Member Vanderbilt. NOES — 3: Mayor Pro Tern
Kring and Council Members Murray and Brandman. Motion Failed.
Mayor Tait moved to approve A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a General Municipal
Election to be held on Tuesday, November 8, 2016 and ordering the submission of a proposed
amendment to the City Charter to the electors of said city at said election (Measure No. _ -
Voter Approval Required for Certain City Actions Regarding Bonds, seconded by Council
Member Vanderbilt. Roll Call Vote: AYES — 1: Mayor Tait. NOES — 4: Mayor Pro Tern Kring
and Council Members Murray, Brandman and Vanderbilt. Motion Failed.
35. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a General
Municipal Election to be held on Tuesday, November 8, 2016 and ordering the
E127 submission of a proposed amendment to the City Charter to the electors of said city at
said election (Measure No. _ -Voter Approval Required for Waiver, Exemption or
Refund of Transient Occupancy Taxes (TOT) As Economic Assistance for Hotel
Developments and for Time Extensions under TOT Agreements, aka the "Let The
People Vote Amendment ").
Mayor Tait reported on the history behind this measure stating Council voted to subsidize the
GardenWalk Hotel, a $158 million cap to be paid over 20 years, and that the amount of the
check would be equal to the revenue that would have paid in TOT taxes. Earlier, he noted,
City Council Minutes of April 7, 2015
Page 22 of 28
Council Member Kring stated it was to be a four -star hotel, with Mayor Tait pointed out that
nowhere in the agreement did it say anything about building a four -star hotel. After that vote, he
remarked, the court threw out the original vote because proper notice was not given and a
revote was taken and the project approved. The public objected and obtained 15,000
signatures on a petition to place the above measure on the ballot, however, 22,000 signatures
were actually needed, an error on the part of the city identified a week before their petition was
submitted. Mayor Tait indicated the purpose of that petition was to prevent future City Councils
from approving transient occupancy tax revenue subsidy to developers in the future, adding that
then Mayor Pro Tern Galloway was chair of that signature gathering initiative and latter stripped
of her title because of her involvement. This measure, he explained, had the same goal, to
ensure no future TOT subsidies were given to developers and earlier comments that stated all
hotels received incentives was not true, only two, the GardenWalk hotels and the Doubletree, a
Bill O'Connell hotel, received incentives. He disclosed he had voted for the Doubletree subsidy
but in retrospect, wished he had not. He believed subsidies actually cost the city lost revenues
because a visitor who might have stayed at the Hilton or Marriott would stay at these hotels and
cancel out any revenues the city might have made.
Mayor Pro Tern Kring offered the following: In July 2008, she opened a business in the
GardenWalk area, a time when the GardenWalk hotels were supposed to have been built. In
2007, Bill O'Connell and Jess Patel bought the undeveloped land from the developer who had
been paying taxes on a 3 -star hotel site and began paying taxes on a 4 -star site. She added
the GardenWalk area had its ups and downs and she hoped it would come back; but
recognizing it would never succeed unless the hotels were built. She emphasized those 4 -star
hotels were needed as the existing two were not enough and the city was losing high end
conventioneers who sought the lifestyle of a luxury hotel. An unintended consequence of the
GardenWalk development agreement were the two hotels at the corner of Katella and Harbor,
the Resort entrance which should have been 4 -star hotels but were not because Bill O'Connell
was getting so much grief over his involvement in the GardenWalk hotels that the owners
decided to build 3 -star facilities. She was a proponent of the Mayor's regulatory task force that
eliminated as many job - killing regulations as possible and streamlined those that were needed
to make Anaheim a place where entrepreneurs could make their dreams come true. Anaheim
would be closed for business and no developer would come here if a vote of the people was
required if business incentives were needed to spur development.
Mayor Tait remarked this measure was simply a way to keep a Council from deciding on a 72-
hour notice to subsidize a hotel developer, pointing out that the remainder of Anaheim hotels
built in the last two years had accomplished it without incentives.
Council Member Murray requested a staff report. Kristine Ridge, Interim Assistant City
Manager, reported staff evaluated implications to Anaheim's ongoing economic development
plan and impacts, if any, to the growth and preservation of TOT. She added the city had been
able to deliver services to neighborhoods largely by generating revenue outside of those
neighborhoods; for instance, the Resort area was responsible for generating more than half of
the city's tax revenues annually and the citywide TOT produced more than $110 million in
revenues.
John Woodhead, Community Development Director, reported TOT was the one local revenue
under control of the city; property taxes, sales taxes and the distribution of them was
administered by the state and the state had not treated the local level well. He added TOT was
also a significant resource for the general fund and made possible many types of community
City Council Minutes of April 7, 2015
Page 23 of 28
investments and from an economic development standpoint, it was important to figure out ways
to grow those revenues. He explained construction was underway for 1,800 3 -star rooms which
would generate $990,000 annually in TOT but a 4 -star full service hotel in that same footprint
could generate $3.3 million, and with a 20 year subsidy would actually be net neutral to the city.
This was true because even if 70 percent of that TOT was rebated, the city would still be
receiving $990,000 from that development and at the end of the 20 year period, would reap all
the benefits of $3.3 million versus the $990,000 inflated over time. In addition the surrounding
3 -star hotels would see a raise in their average daily rates of $5 to $10 across the board, a
situation that was occurring in Los Angeles and experts believed would happen in Anaheim as
well.
Council Member Murray asked if the City stood behind the assumptions that the GardenWalk
hotels would bring $484.5 million in new TOT to the city over the term of the agreement with
more than half retained by the general fund. Mr. Woodhead remarked Keyser Marston and PKF
had not changed their opinion. Ms. Murray commented it was important to set the record
straight on GardenWalk; the original GardenWalk agreement was not approved by Council in
2011, it was approved by Council in 2002 with Mayor Tait's support, a 50 percent split of TOT
subsidy. This Council, in 2011, then voted for a 30 percent amendment to that agreement
because after 10 years that developer had not been able to find financing at the 50 percent
subsidy rate because Garden Grove, Los Angeles, San Diego and other cities were offering
more lucrative agreements and Anaheim could not compete. Two years ago, Council Member
Murray requested staff bring back a proposal that opened this up to developers based on Mr.
Woodhead's comments and that of advisors that a 4 -star market raised the level of hotel rooms
offered in Anaheim and as the Convention Center grew and expanded, this 4 -star market place
would be a part of that expansion and attract newer, larger and more professionally -based
conventioneers that would extend their stay and capture those dollars. She could not support
anything that would make Anaheim less competitive than other cities, because that competitive
strategy had been in place for decades, had been successful and should be continued. In
addition, being the sole city that required a vote before anyone could invest in a 4 -star property
in the city, Anaheim would be overlooked each and every time and those investments would be
captured by Garden Grove with the same access to Disneyland or to the City of Los Angeles.
She added Council had been elected to govern on behalf of the City and to make some of these
fiscal decisions that had been used successfully, used locally and nationally and in Anaheim for
years. She hoped a 4 -star policy would be created that not only talked about redevelopment but
offered similar incentives in terms of expanding or renovating 3 -star properties to a 4 -star
caliber.
Discussion continued over the merits of the GardenWalk project and the viability of Keyser
Marston's report that GardenWalk could generate $484.5 million in new TOT over a 20 year
period. Mayor Tait asked if there was any requirement that the GardenWalk hotel be a 4 -star
full service facility. Mr. Woodhead remarked there were two monetary requirements to be
satisfied, a minimum shell cost and a minimum amount to spend on furniture, fixtures and
equipment plus other developer standards that were written into the agreement to produce a 4-
star product; the wording itself requiring a 4 -star hotel was not in the agreement. He indicated it
was addressed in this manner because there was no true 4- diamond standard rating agency
and if the developer built the equivalent of a 4 -star as outlined in the agreement, that would
suffice.
City Council Minutes of April 7, 2015
Page 24 of 28
Mayor Tait then moved to A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a General Municipal
Election to be held on Tuesday, November 8, 2016 and ordering the submission of a proposed
amendment to the City Charter to the electors of said city at said election (Measure No. _ -
Voter Approval Required for Waiver, Exemption or Refund of Transient Occupancy Taxes (TOT)
As Economic Assistance for Hotel Developments and for Time Extensions under TOT
Agreements, seconded by Council Member Vanderbilt.
Roll Call Vote: AYES — 2: Mayor Tait and Council Member Vanderbilt. NOES — 3: Mayor Pro
Tern Kring and Council Members Murray and Brandman. Motion Failed.
36. Consider, discuss and take action on an Attorney Services Agreement, and a waiver of
professional conflicts of interest relating to adverse client interests, with Aitken, Aitken,
AGR -8780 Cohn to designate Wylie Aitken as an attorney for the City in connection with Angels
negotiations replacing current outside counsel for the City (Charles Black), and authorize
the City Attorney to execute and implement said agreement.
Mayor Tait requested this item be placed on the agenda as Charles Black was rehired to
negotiate for the City for Angels Baseball and the stadium property and he believed the
preferred strategy going forward was to contract with Wylie Aitken, one of the top lawyers in
southern California, an attorney residing in Anaheim and would look after the interests of the
people.
Mayor Pro Tern Kring explained her choice would be to approve the attorney service agreement
with Wylie Aitken including the waiver of professional conflict and authorizing the city attorney to
execute the documents, however she would request striking the words "replacing current
outside counsel for the city (Charles Black) ", and have both attorneys on the negotiation team.
Mayor Tait stated he did not support the amendment emphasizing that retaining Mr. Black would
feel as if the city were going in reverse because Mr. Black's earlier negotiations resulted in a
deal that did not benefit the City adding that two lead negotiators would lead to confusion. Ms.
Kring responded that Mr. Black's extensive background in sports would be helpful pointing out
that Mr. Aitken had indicated he was not opposed to working with Mr. Black.
Council Member Murray requested staff's viewpoint on Mayor Pro Tern Kring's amended
motion. Mr. Houston responded that as requested by the Mayor, the proposed services
agreement with Mr. Aitken was presented to Council for consideration and reflected a request to
replace Charles Black with Wylie Aitken. A component of that agreement was a waiver of
professional conflict of interest relating to adverse client issues with Mr. Aitken' firm, a waiver
that Mr. Houston was comfortable supporting. He indicated that Mr. Black had been retained
and re- engaged by the City Attorney and the City Manager to serve as primary legal counsel for
the city in negotiations because of his unique and exceptionally qualified professional
background and while Mr. Aitken would be an asset to the City with his skills, it was in Mr.
Houston's judgment that Mr. Black's skills were needed.
Referencing Ms. Kring's amended motion, Council Member Vanderbilt inquired if there was a
provision for a lead attorney and a secondary attorney. Mr. Houston responded the terms of
their contracts would be identical; they would both be identified as lead negotiator, although as
the City Attorney, Mr. Houston was responsible for the provision of all legal services to the city
and regardless of who was retained as outside counsel. The City would have a qualified team
with both attorneys bringing complementary, but different skills to the table. He believed they
City Council Minutes of April 7, 2015
Page 25 of 28
would work in tandem if that was Council's direction and Mr. Houston would ensure Council's
directions were followed.
Mayor Tait pointed out the components of the earlier negotiations which he did not support and
believed were not in the city's best interests, i.e., a three year extension of the opt out clause,
giving leverage to Angels Baseball, giving stadium property away for a dollar a year, and
dropping Anaheim from the team name. He emphasized if Mr. Aitken needed someone with
baseball expertise, he could recommend an attorney with that experience. Council Member
Murray responded those MOU's were recommended to Council by the City Attorney and the
City Manager and that putting them on Mr. Black was probably not fair. Her point was with Mr.
Black on the negotiation team allowing his expertise to remain along with the advice and
expertise of a well -known and respected attorney who resided in Anaheim, she believed the
amendment as proposed by Mayor Pro Tern Kring offered the best of both worlds and she
hoped Council would move forward. Mayor Tait pointed out that he had an objection to working
with Charles Black, had expressed that objection to both the City Attorney and the City
Manager, and felt it was more appropriate to hire a negotiator who had credibility and was
acceptable to all five members of the City Council, which was why he requested the services of
Wylie Aitken. Mayor Pro Tern Kring responded that the MOU's were scrapped by the Angels
and the city was starting from scratch, except for the extension of the opt -out clause. She felt a
team that included Charles Black and Wylie Aitken would see their individual skills and expertise
brought to the table and called for the vote on her motion.
Council Member Vanderbilt remarked he understood the Mayor's point of view and that tense
public conversations had occurred in the past with Mr. Black that set a tone, making it difficult to
overcome if he were rehired and questioned whether Mr. Aitken's services would be utilized
enough when working in tandem, given Mr. Black's unique expertise. Mr. Houston responded
that he would expect to receive direction to use both attorneys to the best of their abilities and
was impressed with Mr. Aitken's availability and desire to be of assistance to the city and with
Mr. Black's responsiveness to work a detailed and complicated deal; he believed he could
manage the expectations of this Council in having that approach work well.
Mayor Tait remarked an amendment to his motion had been made by Mayor Pro Tern Kring,
seconded by Council Member Murray to hire Wiley Aitken while retaining the services of
Charles Black.
Roll Call Vote: AYES — 2: Mayor Pro Tern Kring and Council Member Murray. NOES — 3:
Mayor Tait and Council Member Brandman and Vanderbilt. Motion Failed.
Mayor Tait moved to approve an Attorney Services Agreement, and a waiver of professional
conflicts of interest relating to adverse client interests, with Aitken, Aitken, Cohn to designate
Wylie Aitken as an attorney for the City in connection with Angels negotiations replacing current
outside counsel for the City (Charles Black), and authorize the City Attorney to execute and
implement the agreement, seconded by Council Member Brandman:
Roll Call Vote: AYES — 5: Mayor Tait and Council Members Kring, Murray, Brandman and
Vanderbilt. NOES — 0. Motion Approved.
37. Appoint two representatives to the Sister City Commission to complete unexpired terms
aio5 ending June 30, 2015 and June 30, 2017.
City Council Minutes of April 7, 2015
Page 26 of 28
Appointment: Christine Locke (June 30, 2015)
(unscheduled vacancy of Russell LaHodny)
Mayor Pro Tern Kring nominated Christine Locke to the Sister City Commission and with no
other nominees offered, Ms. Locke was unanimously appointed.
Appointment: Pepe Avila (June 30, 2017)
(unscheduled vacancy of Patricia Pina)
Mayor Pro Tern Kring nominated Pepe Avila to the Sister City Commission and with no other
nominees offered, Mr. Avila was unanimously appointed.
38. RESOLUTION NO. 2015 -147 , A RESOLUTION OF THE CITY COUNCIL OF THE
B105 CITY OF ANAHEIM, CALIFORNIA, creating an Advisory Committee on Electoral
Districts composed of retired judges, establishing the rules and procedures governing
the Committee and establishing a process for the drawing of City Council Districts.
Michael Houston reported that at the direction of Council, an amendment to the settlement
agreement in the Moreno case was negotiated to allow for an advisory committee to be
comprised of a panel of judges who served on the Orange County Superior Court and were
residents of Orange County with preference given to judges in the city of Anaheim. Consistent
with that amendment, the resolution before Council for consideration, created an advisory
commission on electoral districts made up of retired judges. He indicated the Office of the City
Attorney conducted a notice, inquiry and outreach process to retired judges who met those
criteria assisted by Mr. Aitkin and his daughter, as well as consulting with the attorney for the
Moreno plaintiffs on the outreach. This process resulted in the receipt of 14 applications for
retired judges expressing their willingness to serve on the committee and of those submitting
applications, one was a resident of Anaheim, Retired Court of Appeal Justice Ed Wallin.
Mr. Houston indicated the individual names were listed in the staff report as well as their place
of residence and while no others resided in Anaheim, there were two former residents who
indicated a willingness to serve. He reported that even the judges who could not serve were all
interested in this process and the amount of interest coming from the applicants was
exceptionally high.
He explained the proposed resolution would create a five member committee and this resolution
named Justice Edward Wallin to the committee since he was an Anaheim resident. The
remaining four seats would be by random draw by the city clerk from the pool of remaining
applicants followed by adoption of the resolution. In addition, the possibility that unexpected
vacancies could occur was also taken into account and in order to eliminate delay, two
replacements would be randomly selected to fill any potential unintended vacancies.
Mr. Houston reported committee members would be responsible for the following
• For the development of district maps and recommending maps for Council's adoption for
the 2016 City Council elections.
• To take input from the public and if requested by a Council Member or the City Council
during the process, the committee must consider specific matters germane to the
districting process such as not limiting itself to focusing on specific lawful districting
City Council Minutes of April 7, 2015
Page 27 of 28
criteria. He noted this was similar to the charter review process in the way Council could
ask the committee to look at certain things without having them narrow their focus.
In an effort to ensure the community had opportunities to provide feedback, the
committee was expected to hold an average of two meetings a month.
The resolution would require the city to provide its recommendations to the City Council
no later than October 6, 2015, consistent with prior direction.
Required public notices and agendas would be translated into Section 203 languages as
they are commonly known: Spanish, Chinese, Korean, and Vietnamese to facilitate
community involvement.
If staff's recommendation was accepted, Mr. Houston asked for the following actions: a motion
to approve the resolution which would then be followed by the City Clerk conducting a random
draw of four committee members, followed by a random draw of two replacements and then a
motion requesting Council approve the appointments and replacements as selected.
Mayor Tait remarked this committee would draw the lines for the new districts and that the city
was seeking the fairest way to accomplish that task and believed using retired judges for the
panel was a credible way to address any issue of gerrymandering. He added that originally the
idea was to utilize retired judges in Anaheim but found there was only one available and on the
advice of staff, the search was widened. He emphasized the key to a credible committee was in
having retired judges serve, not whether they lived in Anaheim.
With that said, Mayor Tait moved to approve RESOLUTION NO. 2015 -147 , A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, creating
an Advisory Committee on Electoral Districts composed of retired judges, establishing the rules
and procedures governing the Committee and establishing a process for the drawing of City
Council Districts, seconded by Mayor Pro Tern Kring.
Roll Call Vote: AYES — 5: Mayor Tait and Council Members Kring, Murray, Brandman and
Vanderbilt. NOES — 0. Motion Carried.
The following names were placed into a glass container as identified by Mr. Houston, Judge
James Alfano, Judge David Brickner, Judge Francisco Burcenio, Judge Jonathan Cannon,
Judge Franciso Furmat, Judge James jackman, Judge James Grey, Judge Michael Naughton,
Judge Louis Rodriguez, Judge Stephen Sundvold,Judge Thomas Thrasher, Justice Jack
Trotter, Justice Nancy Wieban Stock. Theresa Bass, Acting City Clerk, randomly drew the
following names:
1.
Judge
Stephen Sundvold
2.
Judge
Thomas Thrasher
3.
Judge
James Jackman
4.
Justice Nancv Wieben Stock
Selection
of two
"replacements" by random drawing:
1.
Judge
David Brickner
2.
Judge
James Alfano
City Council Minutes of April 7, 2015
Page 28 of 28
Mayor Pro Tern Kring then moved to approve the appointment of Justice Edward Wallin
(Anaheim resident) and the appointments and replacements as selected by the random
drawing, seconded by Council Member Brandman. ROLL CALL VOTE: AYES — 5: Mayor Tait
and Council Members Kring, Murray, Brandman and Vanderbilt. NOES — 0. Motion Carried.
REPORT ON CLOSED SESSION ACTIONS None
COUNCIL COMMUNICATIONS
Council recessed briefly for technical reasons to allow for the continued recording of the council
meeting.
Council Member Brandman announced the 9th Annual Health Fair on May 29 - 30, 2015, a
three day event this year with free medical, dental and vision services to all participants. He
also requested staff agendize a closed session item on April 21 regarding public employee
appointment for the City Manager position.
Council Member Vanderbilt spoke of the Easter egg hunt by City Church in the La Palma Park
area and the opening of the new transitional housing facility for Pathways.
Mayor Pro Tern Kring requested the meeting adjourn in memory of Serena Cahue, a student
from El Rancho Middle School who passed away. She also requested a proclamation for Paul
Andresen for his service with the Anaheim YMCA and requested a letter to be placed on the
next agenda opposing SB128.
ADJOURNMENT:
At 11:22 P.M., the meeting was adjourned in memory of Serena Cahue, student from El Rancho
Middle School.
Respect mitted,
sa Bas , CMC
Assistant City Clerk