03/22/2016 ANAHEIM CITY COUNCIL REGULAR
MEETING OF MARCH 22, 2016
The regular meeting of March 22, 2016 was called to order at 3:06 P.M. in the chambers of
Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda and
related materials were duly posted on March 18, 2016.
PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Lucille Kring, Kris
Murray and James Vanderbilt.
STAFF PRESENT: City Manager Paul Emery, City Attorney Michael Houston and City Clerk
Linda Andal.
WORKSHOP: Public Works Infrastructure Strategies and Priorities / City Infrastructure
Construction Maintenance and Funding Strategies
Natalie Meeks, Public Works Director, stated the department prioritized and implemented
projects to preserve Anaheim's infrastructure. With the goal of managing and organizing the
work to get the most out of every available dollar, she reported the department recently
developed a strategic plan to align the mission and goals with its citywide work plan for the
purpose of creating attractive, engaged neighborhoods, a safe and secure city, a thriving
economic climate and an efficient and well-managed city government. The resulting plan
established a road map of future departmental actions and anticipated results for the next five
years by assessing the department's processes, programs, and needs to develop goals. She
explained the goals had three themes; i.e. to maximize collaboration, enhance efficiencies, and
increase stakeholder involvement pointing out the main concept the study reaffirmed was to
enhance operations and level of services with staff then identifying specific action plans to help
achieve each goal.
Rudy Emami, City Engineer, discussed how the department prioritized and managed its capital
improvement program (CIP) and the financial plan for the repair and construction of Anaheim's
capital assets. Those assets included streets, bridges, transit, transportation, bike lanes, trails,
sanitary sewers, storm drains, operations, and facilities. He indicated there were many factors
that were considered important in this process: a Master Plan, Maintenance, Inter-Agency,
Economic Benefits, Function, Safety, Collaboration and Community and there were many
categories of assets that had master plans that showed current and future needs, an inventory
assessment, and a roadmap to address deficiencies.
Pavement Management Plan — Mr. Emami reported that one of those master plans was the
Pavement Management Plan, a tool that assisted staff in finding the best strategies for providing
and maintaining pavements in serviceable condition over a given period of time. It also
evaluated pavement stresses and condition on a scale of zero to 100 (100 being best) and
provided a generic remedy and associated costs to repair. He spoke to the importance of the
plan and further pointed out that in addition to collaboration with external agencies, there were
opportunities for partnering from within to minimize duplicated efforts and find ways for cost
sharing and beneficial scheduling with Public Utilities or other city departments, such as timing
the delivery of electrical undergrounding projects, and water and sewer line replacements with a
pavement rehabilitation project.
He also shared staff worked with students to take an active role in their community by doing
walking surveys to identify obstacles and areas for improvement and educating fellow students
City Council Minutes of March 22, 2016
Page 2 of 28
on making better choices to and from school. He reported Magnolia High School students
worked alongside city staff and helped get a Safe Route to School grant to install a new
signalized crosswalk at Magnolia and Winston. Mr. Emami explained this approach led to
opportunities for external funding and leveraged city funds through grants or cost-sharing
collaborations, adding that the department worked with many restricted funds that could only be
used for its intended purpose and was not enough to meet all of the city's needs. To maximize
capital investment, higher priority projects were identified that would multiply city funds and with
that goal, the department still remained flexible and amenable to take advantage of these
opportunities when they came up. He pointed out that public projects also spurred private
investment as shown in the Resort District, the Platinum Triangle and most recently in the
downtown area. One area that did not get as much attention was the strides made in the past
ten years with the citywide sewer program and he briefly provided information about the
program and the benefits thereof.
The maintenance factor was measured by the project's ability to improve the overall reliability of
infrastructure and to reduce maintenance efforts and expenditures. For example, he stated, the
department was currently replacing old 6-inch sewer lines in the oldest part of the city, that cost
about $14 million to maintain annually and after the project, that cost of maintenance would drop
to about $30,000 a year.
The community factor came into play through traffic calming petitions, safety concerns that were
raised and low mobility or access issues. Through engagement with the stakeholders, staff
assessed, documented, looked for opportunities to partner with neighborhood groups, schools
and businesses, and to find solutions by incorporating those needs into projects. Examples of
some of those concerns raised by the community were sidewalk gap closures, signalized
crossings, speed bumps, and accessibility improvements. Once those priorities were set, the
projects could be scheduled.
BROOKHURST STREET WIDENING PROJECT: The Brookhurst Street Widening project was
recently completed and Mr. Emami pointed out it used those priority factors discussed. It began
as a street widening project from four to six lanes, staff identified it in the Master Plan of Arterial
Highways and Circulation Plan as a major arterial operating at overcapacity and the last
bottleneck segment of Brookhurst between the 1-5 and Pacific Coast Highway. The city
partnered with the County of Orange for the street widening, the Cerritos Avenue Sewer Project
and Public Utilities accelerated the undergrounding of all overhead lines ahead of the
department's contractor and reduced potential coordination issues. That project, he pointed out,
improved safety by providing opportunities to address site distance, vehicular movement
conflicts, ADA access, storm water drainage and water quality. He emphasized staff was
successful in competing for seven different outside funding sources, to leverage gas tax monies
and the excess right of way created by the purchase of properties on the east side of the street
enabled the department to obtain water quality funding grants to pay for enhanced treatment
features.
MAGNOLIA STREET IMPROVEMENTS: This was another recently completed project that
benefited from using priority factors. Public Works and Public Utilities collaborated on this
project and rehabilitated the road after undergrounding overhead lines and reducing necessary
costs for pavement repairs. This coordination also minimized the inconvenience to the public by
combining two projects, completing it in a much shorter time frame.
•
City Council Minutes of March 22, 2016
Page 3 of 28
Mr. Emami pointed out that every four years, the American Society of Civil Engineers gave out a
report card that depicted the condition and performance of the nation's infrastructure. The
nation's roads received a letter grade of D and California a low C due to existing conditions and
lack of adequate funding. As a self-help county, Orange County was doing better with a B- and
the city of Anaheim's present arterial highway system of 157 center line miles had an average
paving condition index (PCI) of 73 which was considered fair. He noted while the condition
score was trending upwards, it was the increased back log of streets rated at a 40 or below that
was the most significant, explaining these were the streets that had failed and required full
construction. He discussed the cost to reach the target average of PCI of 75, a good category,
which would be about $10.6 million annually for the next seven years.
TRANSPORTATION FUNDS: The department proactively sought to leverage the city's
transportation funds with competitive grants and over the past five years achieved that with the
city's Measure M2 share of gas tax dollars to obtain federal, state and OCTA grants for a total of
$83.2 million in grants successfully secured by staff. That turned every $1 of city funds into $4
dollars of capital infrastructure and this 4:1 leverage ratio was a key performance indicator to
insure an efficient and well-managed city. Mayor Tait inquired why the difference in funding
between the years, funding he thought would have been more constant. Mr. Emami responded
staff adjusted projects and their match requirements. He explained that there was typically
about $3 million as the base gas tax and fair share monies received each year, and it fluctuated
in 2014, when the department transferred gas tax monies to Operations to be used for every
day maintenance repairs.
Dan DeBassio, Public Works Operations Manager, remarked his crew of 100 managed a
number of maintenance functions and services for the city, including the preservation of the
Resort Management District, an important tourism asset that saw over 22 million visitors last
year.
Those functions and services included refuse removal, street cleaning, sewer and storm
maintenance, landscape and tree maintenance, sidewalks, curbs and gutter repairs and many
others:
• The department managed the franchise agreement for the collection, processing and
disposal of over 400,000 tons of solid waste annually, and the recently mandated five new
organic recycling laws intended to help the state move towards a 75 percent recycling
goal by 2020. Staff hoped to see a state-of-the-art waste to energy facility operating in
Anaheim someday.
• The street cleaning program had 15 sweeping routes serving the community weekly,
including a night crew that swept the arterials, commercial areas and city facilities and
also responded to after-hours emergencies.
• Another part of the street cleaning program was the weed abatement and litter crews, with
some of their responsibilities including city wide weed abatement, bus stop cleaning,
homeless task force support, and responding to over 1,000 illegal dumping incidents
annually.
• Sewer and storm drain maintenance prevented sewage spills and flooding and
maintenance activities within this program included sewer line cleaning and TV
inspections, catch basin and drainage system cleaning and pump station maintenance.
This unit, he stated also coordinated with the engineering division by identifying defects
and providing information on the sewer and storm drain systems so projects could be
initiated.
City Council Minutes of March 22, 2016
Page 4 of 28
An example of this, he remarked, was the downtown sewer system constructed in the
early 1900's and with piping six inches in diameter that was smaller than the current
minimum diameter of eight inches. Over time, he explained the lines had fallen into
disrepair and with an ever increasing downtown population; some of the lines were
experiencing capacity issues. He noted PW operations had been addressing those issues
with the Downtown Blitz program, with sewer crews cleaning all the downtown sewer lines
on a bi-annual basis. He pointed out while the Downtown Blitz was an effective program
for managing an aging sewer system, it was an ongoing burden of resources and PW
operations and engineering divisions collaborated to address those maintenance and
capacity issues with a program to improve overall performance, reduce maintenance
costs and insure adequate capacity for future development.
• Traffic systems maintenance included events and emergency traffic management, a
communication network linking the traffic management center to the field and the
maintenance of 321 signalized intersections.
• Sign maintenance programs serviced all signs and striping citywide with this four-man
crew cleaning, repairing or installing over 15,000 signs annually. Mr. DeBassio added that
the crew also coordinated with the striping and pavement delineation contractor to asses
and refresh all striping citywide, including school crosswalks every summer before school
began and hung the American flags and holiday decorations.
Mr. DeBassio stated the four most asked for maintenance programs by residents were streets,
concrete, trees and landscaping.
• The primary goal in street and alley maintenance was public safety and mobility. Public
Works crews maintained the entire roadway network including arterial and residential
streets and alleys. Maintenance crews repaired over 2300 potholes last fiscal year and on
a positive note, that number trended down from a high of 5700 potholes in FY 10/11.
Additionally these crews partnered with Public Utilities to assist in over 350 roadway
related work orders per year.
• The concrete maintenance program included sidewalks, curb and gutter and access
ramps with the goal of improving pedestrian access while reducing city liability. This 4-
man crew averaged 2,500 temporary repairs annually, and also assisted Public Utilities
with any concrete related work orders.
• Urban forestry included street trees and power line clearance maintenance programs, with
over 90,000 trees in the combined inventory and the department oversaw the power line
clearance program for the Utilities Department. Two tree coordinators provided customer
service and contract administration for both programs.
• Landscape maintenance offered instant gratification by making areas look better and
improving the community in a short period of time. The challenge was maintaining an
inventory of almost 6 million square feet citywide. Mr. DeBassio pointed out an interesting
landscape feature added to the Brookhurst Widening project, a bioswale intended to
beautify the corridor and treat storm water runoff at the same time.
NEIGHBORHOOD IMPROVEMENT PROGRAM: Mr. DeBassio reported this concept was
created to assess, prioritize funding, and implement work in neighborhoods in a fair and
strategic manner. The projects followed a specific order; i.e., street tree maintenance including
trimming, planting and removing; sidewalk, curb, gutter, access ramps, driveway repairs and
reconstruction; pavement resurfacing and new striping; paving markers and signage including
new street name signs and the focus was on customer service and public convenience.
City Council Minutes of March 22, 2016
Page 5 of 28
He noted that bond funds of$9.3 million were being used on seven other neighborhoods and
included 146 acres of pavement, reconstructing 2.9 acres of sidewalk and replacing 5.6 miles of
curb and gutter. Three neighborhoods in the west were completed, one was underway, two in
the east area were under contract and one neighborhood in the central area was in design.
He pointed out that on tonight's agenda there was a request for a contract change order to add
these seven neighborhoods to the current bond funded construction contract with the majority of
the funding for these areas using FY 2015/16 gas tax monies. He added that the bond funds
assessment of these seven neighborhoods was completed and they were now ready for
construction and emphasized the contract change order was both cost and time efficient and
would retain the same competitive price while expediting the work.
FUTURE NEIGHBORHOOD PROGRAMS: Mr. DeBassio indicated the department used the
pavement management system to help analyze the overall condition of the roadways and help
develop priorities including the consideration of the following: field inspections, current
maintenance costs, ongoing and upcoming undergrounding projects, requests received from
residents and the annual budget to choose future neighborhood projects. A map delineated the
neighborhoods that would be completed in 2018, those in 2019 and those in 2025, with Mr.
DeBassio adding that this would conclude the first time going through the neighborhoods in
recent times with a total cost for the seven year period estimated at $30 million. For the second
time through neighborhoods, staff predicted the cost would be 30 percent less because walking
through neighborhoods that were improved in 2010 found them to be in excellent condition after
six years with minimal pavement and concrete repairs compared to the original project. Mayor
Tait requested clarification on tree mitigation, asking if it meant removing many mature trees.
Mr. DeBassio responded it was a combination of taking them out and working with arborists to
do the necessary root pruning to make the sidewalk and roadway repairs without destroying the
tree, adding that staff 's focus was on saving trees and always worked with residents before one
was removed.
ARTERIAL SIDEWALK PHASE 1: Mr. DeBassio explained this was a project made possible
through a FY 14/15 mid-year budget amendment of $550,000. Staff partnered with Risk
Management to analyze claims data because liability costs attributed to trip and falls had
increased over the last couple of years. What resulted from that analysis was that the number
of claims filed each year was relatively stable, however, the costlier claims had increased and
pointed to an aging population with active lifestyles who sustained severe injuries. The decision
was made to focus on arterial sidewalks as they were in close proximity to central facilities, were
high pedestrian corridors, and part of an older infrastructure.
Phase 1 was located in the east/west corridors from the west city limits to Euclid and was
completed in January, repairing almost 22 miles of arterial sidewalk including over 3,000 grind
locations and 40,000 square feet of sidewalk replacement, with a total cost of$575,000 or about
$25,000 per mile.
For Phase 2, the department was recommending implementing in FY 2016/17, the north/south
corridors from the west city limits to Euclid. That project would repair almost 15 miles of arterial
sidewalk at a cost of about $365,000.
After Phase 2, there would be 116 miles of arterials remaining east of Euclid, estimated to cost
nearly $3 million and five to seven years to complete the program (using an annual budget of
$550,000).
City Council Minutes of March 22, 2016
Page 6 of 28
ANAHEIM'S URBAN FOREST: Mr. DeBassio reported that PW began managing the urban
forest in 2010 with a mission to establish a sustainable maintenance cycle and increase tree
inventory. The last report showed the department completed its first cycle through the city in
five years and since 2010, there had been over 3,000 trees planted. Fifty-five thousand trees
were now scheduled for maintenance every five years, with a few exceptions. Some of the
challenges with managing trees were diseases. He stated Santa Ana Canyon Road, with its
wind row of Eucalyptus trees that dated back to the early 1900's was affected by disease and
staff rated each tree for overall risk and prioritized removal if necessary and continued to
evaluate with special attention paid to the Blue Gum species.
WATER CONSERVATION: Since the onset of the drought, Mr. DeBassio pointed out the
department had coordinated with Public Utilities to meet the city's 20 percent water conservation
goals, replacing inefficient irrigation systems and controllers, reducing watering days,
eliminating turf medians and replacing existing plants with drought tolerant species. He added
that in less than 12 months, the Public Works landscape teams converted almost 500,000
square feet of turf medians to drought tolerant plants, and residents had complimented their
efforts. The department had been approved for just under$900,000 in MWD water
conservation grants, and he noted, this grant funding would be used to pay for the majority of
the conversion projects.
He ended his presentation noting that a combination of funding from seven different city funds in
this fiscal year, paid for these operational expenses, at a total of$82.8 million with ten percent
or $8.5 million coming from the city's General Fund.
Director Natalie Meeks remarked the work was strategically planned, and at times plans were
set aside to meet the immediate needs of the community. She remarked that PW employees
were federally designated as first responders and often on the scene first in emergency events,
such as sink holes, water main blowouts, traffic accidents or even the recent rain and wind
events.
Council Member Vanderbilt requested and received clarification on grant funding allocations and
specific improvement projects. Council Member Murray acknowledged the extraordinary work
of the department in bringing in a significant amount of additional funding to supplement the
city's resources that made such a difference in extending budget dollars. Going forward, she
requested that future maps show funding allocations by councilmanic districts that would be
helpful both to residents who resided in the new districts as well as the new representatives.
Council Member Vanderbilt asked if it was possible to have the detailed maps that were
presented tonight enlarged for the public with staff indicating they would be posted on the
department's website. Mayor Pro Tern Kring concurred in delineating projects in councilmanic
districts and asked that the projects that were completed be included as well, so that the public
had a complete picture of what was going on in their districts.
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: City Attorney Michael Houston reported
Closed Session Item No. 2 involved facts and circumstances that consisted of alleged breach of
contract related to services provided by the City.
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City Council Minutes of March 22, 2016
Page 11 of 28
Renee Balenti spoke out against the Anaheim Police Department homeless liaison team, their
actions against the homeless community and advocates, asking they be held accountable for
their activities.
Stephanie Burglin urged Council to reconsider their earlier decision and deny the rezoning for
the residential development at 1609 and 1615 Cerritos Avenue, specifically because the size
and shape of the site was not adequate to allow full development of the proposed units in a
manner not detrimental to the area. Video testimony had been presented, as well as letters and
phone calls from residents in a similar development on Orange Street, urging Council to not
repeat the same mistakes on Cerritos. In addition, petitions and letters in opposition to the
development had been submitted with Ms. Burglin asking why the weight of one letter from
Esther Wallace was more important than the residents input.
Ethel Halpern requested Council approve a rehearing for the rezoning of the Cerritos Avenue
development project citing that none of the neighbors within direct proximity of the project had
received notice. She alleged prior conversations between the developer and some of the
Planning Commissioners and Council Members violated the Brown Act and pointed out that at
no time was there conversation during the hearings about CEQA determinations being satisfied.
For all those reasons, she was requesting a rehearing of the issue.
Mark Daniels, District 1 resident, offered a number of comments: he opposed short term rentals
on the basis that having a business venture in an established residential area was wrong;
regarding the homeless issue, he suggested providing temporary structures or tents on some of
the vacant lots of the city for their use; and he recommended getting big organizations to
sponsor soccer fields and improve the aesthetics and maintenance of city parks.
Zack Anderson, ironworker apprentice, supported the hotel incentive policy, stating it offered
tradespeople a chance to put their skills and experience to work. He recommended voting
against any efforts to delay the policy and move forward.
William Fitzgerald, Anaheim HOME, recommended an agreement to use union people on
subsidized economic development projects be implemented as part of the policy in support of
the union members.
Julie Brunette requested Council rehear the Cerritos Avenue residential project, remarking the
community contributed to the rehearing fee in order to be able to restate their position. In
addition, she indicated she had been trying for years to get lighting for Palm Lane Park in order
for residents to be able to walk in the park during summer evenings.
Ron Bengochea, resident, announced Loara High School held the 37th annual baseball
tournament at Glover Stadium. He thanked the Parks Department for their assistance and
congratulated the ground crews for the pristine fields that showcased the city and was
appreciated by 32 teams from Los Angeles and Orange County.
Cheryl Blethrow, addressing the requested Cerritos Avenue rehearing, stated that testimony,
both written and verbal had been presented to Council supporting the denial of the requested
rezoning and to require the developer to work within the existing RS-2 zoning codes. She then
read an email from Marie Landers on Tedmar Avenue who took issue with the Collage
development near her home that took away existing neighbors' privacy and would do the same
on Cerritos Avenue. She urged Council to visit the Collage development to see the direct
impacts and approve a rehearing for reconsideration of the Cerritos project. Ms. Blethrow
City Council Minutes of March 22, 2016
Page 12 of 28
further added that Council gave weight to an Esther Wallace email and not to the emails of
those who would live near the proposed development.
Nicholas Blethrow urged Council to rehear the rezoning issue, adding that many neighbors had
concerns about what happened at the previous hearing and general concerns about changing
the zoning. He added most would have preferred the developer retain the existing zoning and
build what was possible within those limits.
Vern Nelson, OJ Blog, stated he was Anaheim's official troubadour and offered a song he
composed about Council's actions referring specifically to approval of transient occupancy tax
subsidies and the Anaheim Tennis Center improvements.
Mayor Pro Tem Kring, as a point of personal privilege, objected to the speaker's reference to
her religion.
Jeff Letourneau reported the city agreed to the following: a $156 million TOT rebate for
GardenWalk, a $200 million ARTIC facility, a $200 million Convention Center expansion, a
street car project for $300 million and agreeing to a 45 year tax exemption on Disneyland
admission price which translated to almost $1 billion in taxpayer monies with nothing requested
in return. He emphasized if the city was going to give money away, it should have requested a
number of things in return such as prevailing wage requirements, no eviction zones to address
gentrification, and local hire mandates and whether or not those requests were successful, at
least there would have been discussion on the subject. Regarding the Anaheim Tennis Center,
he stated there was no evidence the tennis center lessee had lived up to his responsibility to
give breaks to low income youths and partner with local schools and that information should be
made available when the project comes before Council for consideration. He also concurred
with Mayor Tait's proposal to purchase property adjacent to a school using the funds earmarked
for the tennis center improvement funds.
An unidentified speaker requested Council Member Vanderbilt visit her area to give some input
into how the residents could improve their neighborhood with a number of issues to address
concerning cars and malicious activities going on.
Victoria Michaels remarked it was evident there was some dissension between the residents of
Anaheim and the police officers but the majority of officers deserved respect. Regarding
treatment of the homeless by police officers, she reported her ride along with CityNet staff and
police officers on Wednesday and had seen well-trained officers do their jobs with respect and
concern.
Linda Lobatos, District 3 resident, objected to funding improvements to the Anaheim Tennis
Center, suggesting Council consider investing in programs for Manzanita Park, possibly a
soccer field. Regarding the homeless issue, she suggested using the ARTIC facility. She also
announced her candidacy for the District 3 seat.
Donna Acevedo, resident, spoke of the deaths by Anaheim police officers and the lasting effect
it had on her life. She stated the Police Chief's explanation of how events unfolded at a planned
KKK rally in Anaheim were not true and that he made the same statement to the Public Safety
Board members, asking that Council hold him accountable for his statements.
City Council Minutes of March 22, 2016
Page 13 of 28
An unidentified speaker remarked that in his neighborhood this morning was a line of
vacationers coming from the STRs on the corner on their way to Disneyland. He was opposed
to STRs and wanted to see people living in the community as neighbors, not as vacationers.
Jeanine Robbins was not opposed to hotel subsidies but believed it was appropriate for
residents to vote on these subsidies. Addressing short term rentals, she wondered why these
mini-hotels were allowed in residential areas when they were taking business away from
legitimate hotels. She urged Council to ban short term rentals.
Brian Chuchua addressed the sale of fireworks, stating the revenues were supposed to go to
nonprofits identified by buyers so that credit would be given to that nonprofit agency. He
indicated that last year he tried to hand out flyers at the Honda Center and he was escorted off
the property, asking that language be added to the ordinance to allow flyers to be handed out at
the sales location. Regarding the Tennis Center, he was opposed to funding the improvements,
because the private lessee was not paying a fair market value for the rent, i.e., he was paying
1140th of what the rent should be and the rest was subsidized by the city. He also asked if the 4-
star hotel developers that were in discussions with the city would withdraw their plans if the
hotel incentive policy did not go forward.
Lisa Silver, Silver Investment Corporation, spoke to Agenda Item No. 9, asking that the request
for rehearing be denied because the grounds for rehearing were without merit and the personal
attacks and false assertions were irrelevant. She addressed the fairness of the process and the
diligent oversight of the Planning Commission and the City Council in approving this residential
project as well as others that had been developed in the city. She stated the project was a
thoughtful and reasoned process with the planning staff and was not the original concept but a
compromise that was acceptable to all, with the developer agreeing to reduce density, increase
setbacks and restrict short term rentals on these units.
Cynthia Ward requested an apology from the City Attorney for accusing CATER of tens of
millions of dollars spent in delaying claims for the Convention Center. Regarding the hotel
incentive policy, she supported having residents weigh in on that issue of developer subsidies
and opposed the current process for the sale of fireworks being monopolized by one entity.
COUNCIL COMMUNICATIONS: None
CITY MANAGER'S UPDATE: None
At 7:28 P.M., Council session was briefly adjourned to consider the agenda for the Successor
Agency to the Redevelopment Agency, reconvening the council meeting at 7:29 P.M.
CONSENT CALENDAR: Council Member Vanderbilt removed Agenda Item Nos. 6, 9, 20, 35
and 36 from the Consent Calendar for further discussion; Council Member Murray pulled Item
No. 22. Mayor Tait reported he would abstain on Agenda Item Nos. 13, 14 and 29 as his firm
had worked with the parties within the past year. Mayor Pro Tern Kring moved 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: Brandman, Kring, Murray and Vanderbilt.) Noes — 0. Motion Carried
City Council Minutes of March 22, 2016
Page 14 of 28
B105 3. Receive and file minutes of the Community Services Board meeting of November 12,
2015, Public Utilities Board meeting of January 27, 2016 and the Library Board meeting
of February 8, 2016.
D117 4. Approve the Investment Portfolio Report for February 2016.
5. Approve the recognitions to be presented at a later date recognizing former Orange
County Grand Jurors (Connie Adams, Maureen Collins, Lynn Cudd, Irene David,
D116 Michael Dresser, Burnie Dunlap, Johnnie B. Hitt, Maxine Marcus, Viola Sadler, and
Virginia Zlaket), Superintendent Mike Matsuda, Anaheim Union High School District, Mr.
Martin Burbank for his college tuition donation to the Rio Vista Elementary Kindergarten
class, Mills Act recipients, proclamation declaring May 21, 2016, as Kids to Parks Day,
and the East West Community Church on its 25th Anniversary.
7. Accept the 2015 Annual Housing Element Progress Report and direct staff to submit the
D155 report to the Governor's Office of Planning and Research and the California Department
of Housing and Community Development.
8. Approve a revised construction schedule for the Green Alley Bio-Infiltration Project from
D175 FY 15/16 to FY 16/17 (15-ANAH-ECP-3755).
10. Accept the lowest responsive bid from AW Associates, Inc., in an amount not to exceed
$75,000, for fuel tank testing and certifying services for the Public Works Department for
D180 a one year period with up to four one-year optional renewals and authorize the
Purchasing Agent to exercise the renewal options, in accordance with Bid #8677.
11. Accept the lowest responsive bid of Academy Electric, Inc., in an amount not to exceed
$111,450 plus applicable tax, for electrical maintenance services in the Anaheim Resort
Maintenance District for the Public Works Department for a one year period with four
D180 one-year optional renewals and authorize the Purchasing Agent to exercise the renewal
options, in accordance with Bid #8682.
12. Award the contract to the lowest responsible bidder, Asplundh Construction Corporation,
in the amount of$304,101, for the Kathryn, Woodley and Ranchito Street Lighting
AGR 9890 Project and authorize the Finance Director to execute the Escrow Agreement pertaining
to contract retentions.
13. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the amount
of$608,835.65, for the Broadway Street Rehabilitation Project from 200 feet west of
Harbor Boulevard to Anaheim Boulevard, authorize the Finance Director to execute the
AGR-9891 Escrow Agreement pertaining to contract retentions and determine said project is
categorically exempt under the California Environmental Quality Act.
Due to a potential conflict of interest, Mayor Tait abstained on this item. ROLL CALL VOTE:
AYES— 4: (Mayor Pro Tern Kring and Council Members: Brandman, Murray and Vanderbilt).
NOES— 0. ABSTENTION— 1: Mayor Tait. Motion to approve carried.
14. Award the contract to lowest responsible bidder, R.J. Noble Company, in the amount of
$844,707.20, for the La Palma Avenue Rehabilitation Project from Potomac Circle to
AGR 9892 Yorba Linda Boulevard, authorize the Finance Director to execute the Escrow
City Council Minutes of March 22, 2016
Page 15 of 28
Agreement pertaining to contract retentions and determine said project is categorically
exempt under the California Environmental Quality Act.
Due to a potential conflict of interest, Mayor Tait abstained on this item. ROLL CALL VOTE:
AYES— 4: (Mayor Pro Tern Kring and Council Members: Brandman, Murray and Vanderbilt).
NOES— 0. ABSTENTION— 1: Mayor Tait. Motion to approve carried.
15. Authorize the Purchasing Agent to issue a change order to purchase order with
Veteran's Communication Services, Inc., in the amount of$42,819, to provide additional
D180 labor and materials necessary to complete the renovation of the public address/intercom
system at the Police Headquarters.
16. Authorize the Purchasing Agent to issue a purchase order to Mallory Safety and Supply
D180 LLC, in the amount of$112,311, for a trailer mounted generator and related accessories
for the Anaheim Police Department, in accordance with the competitively bid US
Communities Cooperative Agreement 4400001839 contract pricing.
D180 17. Ratify an emergency purchase order to South Coast Mechanical, Inc., in the amount of
$35,795, for providing emergency work to clean and repair the chilled water system for
the cooling towers at the Anaheim West Tower.
D180 18. Ratify an emergency purchase order to Demaria Electric Motor Services, Inc., in the
amount of$23,969.40, for providing repair services for the trane chiller custom motor at
the Anaheim Convention Center, Hall C.
D180 19. Ratify purchase orders to Rain Water Solutions, Inc., in the total amount of$83,380.66,
for rain barrels for the Anaheim Public Utilities Department.
21. Approve and authorize the Public Works Director to execute Contract Change Order No.
AGR-9431.0.3 3, and any related documents, with All American Asphalt Inc., in the amount of
$3,000,944.48, to include the neighborhoods of Key Lane, Biscayne, La Reina, Athena,
Devonshire, Jerrilee and Westmont in the work being done for the Residential Street
Improvement Project, Group 6.
23. Approve Amendment No. 4 to Cooperative Agreement C-9-0448 with the Orange County
Transportation Authority extending the terms of the agreement for an additional twelve
AGR-5707.4 months with no change in project cost for the Anaheim Regional Transportation
Intermodal Center project due to administrative closeout activities.
AGR 9894 24. Approve an agreement with Anaheim Aquatics Association to utilize the Canyon High
School pool to conduct public swim lessons for the residents of Anaheim for one year
and authorize the Director of Community Services to extend the agreement upon the
same terms and conditions for no more than ten additional one year terms, in
accordance with Bid #213-JH-12/17/2015.
AGR-9895 25. Approve the Agreement for Acquisition of Real Property with Raquel S. Orozco, in the
payment amount of$8,900, for the partial acquisition of property located at 2202 West
Grayson Avenue for the Brookhurst Street Widening Project from the 1-5 to the SR-91
freeway (R/WACQ2013-00470).
City Council Minutes of March 22, 2016
Page 16 of 28
AGR-9896 26. Approve the Settlement Agreement and Waiver of Claims with Kim Doan, in the payment
amount of$3,000, for partial acquisition of property located at 1325 North Catalpa
Avenue for the Brookhurst Street Widening Project from the 1-5 to the SR-91 freeway
(R/WACQ2013-00458).
27. Approve an agreement with the Orange County Superintendent of Schools, operating
AGR-9897 the Inside the Outdoors program, in an amount not to exceed $39,700 per year, to
AGR-9898 provide environmental awareness and water education programs, and related activities,
to Anaheim elementary students for three years with the option to renew for up to two
additional one year terms; and an agreement with The Energy Coalition (TEC), in an
amount not to exceed $40,000 per year, to provide energy efficiency education, and
related activities, to Anaheim elementary, junior high and high school students for three
years with the option to renew or up to two additional one year terms, and authorize the
Public Utilities General Manager, or designee, to execute the agreements, and related
documents, with the Orange County Superintendent of Schools and TEC and take the
necessary actions to implement and administer the agreements.
P124 28. RESOLUTION NO. 2016-047 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. 11946, 11947 and 11948).
29. RESOLUTION NO. 2016-048 A RESOLUTION OF THE CITY COUNCIL OF
P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
certain real properties or interests therein (City Deed Nos. 11951, 11952 and 11953).
Due to a potential conflict of interest, Mayor Tait abstained on this item. ROLL CALL VOTE:
AYES—4: (Mayor Pro Tern Kring and Council Members: Brandman, Murray and Vanderbilt).
NOES— 0. ABSTENTION— 1: Mayor Tait. Motion to approve carried.
D175 30. RESOLUTION NO. 2016-049 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM expanding Permit-Eligible Parking District No. 13 and
designating Agate Street from Beacon Avenue to Ball Road as "Permit Parking Only"
street within Permit-Eligible Parking District No. 13 and determine the action is exempt
from the California Environmental Quality Act pursuant to Regulation No. 15061(b)(3).
31. RESOLUTION NO. 2016-050 A RESOLUTION OF THE CITY COUNCIL OF
AGR-9899 THE CITY OF ANAHEIM ratifying and approving the actions of the Anaheim Director of
Public Works, or designee, in submitting a grant application on behalf of the City of
Anaheim, to South Coast Air Quality Management District, through the Clean
Transportation Funding Program, and in accepting such grant funds on behalf of the City
of Anaheim and approving inclusion of such funds in appropriate fiscal year accordingly
(compressed natural gas maintenance facility modifications).
D175 32. RESOLUTION NO. 2016-051 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the Director of Public Works, or a designee, to
submit a grant application on behalf of the City of Anaheim to the California Energy
Commission for the Energy Partnership Program, and if awarded, authorizing the
acceptance of such funding on behalf of the City and amending the budget accordingly
(energy audit of City Hall and East Anaheim Community Center).
City Council Minutes of March 22, 2016
Page 17 of 28
33. RESOLUTION NO. 2016-052 A RESOLUTION OF THE CITY COUNCIL OF
D155 THE CITY OF ANAHEIM accepting title to certain real properties from the Successor
Agency to the Anaheim Redevelopment Agency pursuant to the Second Amended and
Restated Long Range Property Management Plan (related to Agency Item No. 01).
M142 34. ORDINANCE NO. 6370 (INTRODUCTION) AN ORDINANCE OF THE
CITY OF ANAHEIM amending Sections 11.10.150 and 11.10.160 of Chapter 11.10 of
Title 11 of the Anaheim Municipal Code (Camping and Storage of Personal Property in
Public Areas) and Section 13.08.020 of Chapter 13.08 of Title 13 of the Anaheim
Municipal Code (Public Parks — Prohibited Conduct Generally) to give the City Attorney
discretion to charge violations of Chapter 11.10 and Section 13.08.020.080 as
misdemeanors or infractions.
(Note: due to an inadvertent clerical error, this ordinance was renumbered to 6370
following the introduction and subsequent adoption, previously numbered 6365).
END OF CONSENT:
D116 6. Adopt the 2016 Legislative Platform that guides the City's support of or opposition to,
state and federal legislation and authorize City staff to contact federal and state
representatives to advocate for legislative proposals consistent with the goals outlined
within the 2016 Legislative Platform.
MOTION: Council Member Vanderbilt requested this item be continued to the next meeting
to allow an open period for public input on the document, seconded by Mayor Tait.
DISCUSSION: Mayor Pro Tern Kring asked how the public would provide input on state and
federal proposals especially with a document that addressed issues as they emerged. Greg
Garcia, Deputy City Manager, remarked this was a tool cities used as a guide for advocacy
both in Sacramento and in Washington, D.C. to watch for areas of concern and for staff to
provide regular updates to Council. He added that at times staff needed to be able to react
and contact legislative members and representatives on certain issues that required
immediate action. He added that most of the items were general in nature with an emphasis
on making sure there was local control on key issues. Mayor Pro Tern Kring pointed out the
city had a lobbyist in Sacramento and in Washington, D.C. for this purpose. Mayor Tait
commented this document was posted for the first time last Friday and Council Member
Vanderbilt was suggesting a continuance to let the public take a look at the city's legislative
platform.
Council Member Murray was willing to wait two weeks, however she pointed out there were
major regulatory matters that could have far reaching impacts on Anaheim during this
legislative session and waiting any further would prevent lobbyists from taking action.
Council Member Vanderbilt remarked he was not asking or suggesting there be extensive
outreach, but for the sake of transparency, he recommended posting this on the city's
website for comments.
ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members: Brandman, Kring, Murray
and Vanderbilt). NOES - 0. This item was continued to April 12, 2016.
City Council Minutes of March 22, 2016
Page 18 of 28
C280 9. Deny the Request for Rehearing submitted by Cerritos Neighborhood Concerned
Citizens, Linda Owen and Stephanie Burglin, relating to the approval of Reclassification
No. 2015-00280, Conditional Use Permit No. 2015-05804 and Tentative Tract Map No.
17882 and related actions by the City Council at its meeting on February 23, 2016.
Council Member Vanderbilt pulled this item from the consent calendar as there were several
speakers who asked for consideration of the matter. Mayor Tait remarked he had voted against
this project as he believed there were too many units, the site plan should be reworked and he
was particularly concerned about the back yard being too intrusive to the neighboring homes.
Having said that, he stated there were certain criteria the city was held to in a zone change
rehearing and he would not be able to make the case that it was not a fair hearing, so he would
support staff's recommendation on this matter.
Mayor Pro Tem Kring added that several speakers had mentioned the Esther Wallace letter
explaining that the reason she read it at the previous meeting and the reason it was sent to City
Council was because Ms. Wallace had experience with Silver Oak and believed them to be a
quality developer and in her experience, the developer's project had always raised property
values of the neighbors.
MOTION: Mayor Pro Tern Kring moved to deny the request for rehearing as identified in Item
No. 9, seconded by Council Member Brandman.
ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members: Brandman, Kring, Murray
and Vanderbilt). NOES— 0. Motion Carried.
20. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing
D180 Agent to issue a purchase order to Vigilant Solutions, in the amount of$69,994.80, for
ten stationary automated license plate recognition camera systems to be distributed and
deployed as needed for law enforcement use within Orange County.
Council Member Vanderbilt remarked he had pulled this in response to a comment from the
audience about this being a deterrent and he was wondering if there was any consideration to
signage alerting the public that this program existed and this technology was being used in the
city.
Police Chief Raul Quezada remarked the department policy that specifically addressed the uses
of this type of equipment was on the department's webpage. He remarked Anaheim was not
the only city in the county using it, but Anaheim managed the program and shared information
with other departments including other counties. As to whether a sign would be posted
indicating that license plates were being captured, the Chief indicated that before overt or public
cameras go up, signs would be posted. He added there were also times when the department
could post they were using the device for a specific reason. Council Member Vanderbilt asked if
this was a stationary mounted device, with the response given that the equipment was portable
and could be moved to different locations.
MOTION: Council Member Brandman moved to approve Item No. 20, seconded by Mayor Pro
Tem Kring.
ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members: Brandman, Kring, Murray
and Vanderbilt). NOES— 0. Motion Carried.
City Council Minutes of March 22, 2016
Page 19 of 28
At 7:47 P.M., Mayor Tait declared a potential conflict on the next item, Item No. 22, as his firm
had worked with the County of Orange this past year and turned over the gavel to Mayor Pro
Tern Kring and left the dais.
22. Approve an agreement with the County of Orange, in an amount not to exceed $99,750,
for the Armory Emergency Shelter Program, which the County will assign to its
AGR 9893 contractor Mercy House Living Centers, Inc. to fund approximately twenty-one additional
days of shelter at the Fullerton Armory Emergency Shelter.
Community Services Director Terry Lowe reported this was a request from Council Member
Murray in anticipation of continued rainy weather in April to extend the operation of the Fullerton
Armory homeless shelter through April 15 of this year and introduced Sjany Larson-Cash to
present the staff report.
Ms. Larson-Cash reported this item was an agreement between the city and the County of
Orange to provide funding extending the winter emergency homeless shelter at the Fullerton
Armory through April 15th of this year. Mercy House was the selected shelter operator for both
the Fullerton and Santa Ana National Guard Armories with the actual operational dates
dependent on funding allocated to the service provider by the County of Orange. This year the
armory opened on November 30 and was scheduled to close March 26. Additional funding of
$99,740 was requested by the city to keep the armory open an additional 21 days as El Nino
weather conditions were expected to continue into April. In addition, the city of Santa Ana was
contributing an equal amount to fund the continued operation of the Santa Ana Armory as well.
Council Member Murray thanked staff for their efforts in making sure the shelter was available
for the additional 21 days and asking that the homeless population be made aware of the
extension.
MOTION: Council Member Murray moved to approve Item No. 22, seconded by Council
Member Brandman.
ROLL CALL VOTE: AYES — 4: (Mayor Pro Tem Kring and Council Members: Brandman,
Murray and Vanderbilt). NOES —0. ABSTENTION (CONFLICT)— 1: Mayor Tait. Motion
Carried.
At 7:52 P.M., Mayor Tait returned to the dais.
35. ORDINANCE NO. 6366 (INTRODUCTION) AN ORDINANCE OF THE
M142 CITY OF ANAHEIM amending Table 8-C (Temporary Uses and Structures: Commercial
Zones) of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of Title 18
(Zoning Code) of the Anaheim Municipal Code to permit the Sale of Fireworks as a
Temporary Use within the "C-G" General Commercial Zone, the "C-NC" Neighborhood
Center Commercial Zone and the "C-R" Regional Commercial Zone of the City located
on either side of Brookhurst Street and on all similarly zoned properties located west of
Brookhurst Street subject to the requirements of Section 6.40.030 (Safe and Sane
Fireworks Prohibited) of Chapter 6.40 (Fireworks) of Title 6 (Public Health and Safety) of
the Anaheim Municipal Code, based upon the finding and determination that this
ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to
sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, because it will not result
City Council Minutes of March 22, 2016
Page 20 of 28
in a direct or reasonably foreseeable indirect physical change in the environment and is
not a "project", as defined in Section 15378 of the CEQA Guidelines.
ORDINANCE NO. 6367 (INTRODUCTION) AN ORDINANCE OF THE
CITY OF ANAHEIM amending Sections 6.40.010 and 6.40.100 of Chapter 6.40
(Fireworks) of Title 6 (Public Health And Safety) of the Anaheim Municipal Code
relating to the sale of safe and sane fireworks, based upon the finding and
determination that this ordinance is not subject to the California Environmental
Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State
CEQA Guidelines and is not a "project", as defined in Section 15378 of the State
CEQA Guidelines.
Greg Garcia, Deputy City Manager, reported the ordinances before council would amend Title 6
of the Anaheim Municipal Code regarding the sale of safe and sane fireworks and amend Title
18 to permit the sale of fireworks in a second location in Anaheim.
After the passage of Measure E by Anaheim voters in 2014, Council approved a safe and sane
fireworks implementation plan last year that included the following ordinances: 1)A zone code
ordinance that allowed for the location of firework sales, (Honda Center), 2) a sales and use
ordinance that established rules and regulations for the use of fireworks, and 3) the
establishment of a nonprofit program to benefit local Anaheim organizations.
The two ordinances for Council's consideration would make minor amendments to the overall
fireworks program. The first ordinance would amend Title 18 of the Anaheim Municipal Code to
allow for a second fireworks store in west Anaheim to better accommodate nonprofits and
schools whose supporters resided in that area. The second location would be located on
Brookhurst within a commercial zoned property. He advised the Planning Commission
approved the amendment to Title 18 on March 2. The second ordinance would amend Title 6 of
the Code in order to decrease the amount of fines for safe and sane fireworks violations. The
current fines for first, second and third offenses were proposed to be reduced from $500, $1000
and $1500 to $250, $500, and $1,000.
Mr. Garcia added that the rules and regulations in place would remain the same, as listed:
• The sale of safe and sane fireworks were only allowed during a designated sales period
— proposed to be between the hours of 10 am and 10 pm on the 28th of June through
July 3, and between 10 am and 9 pm on July 4th
• The discharge of safe and sane fireworks in the city is only allowed on the 4th of July
from the hours of 10 am and 10 pm.
• Under the regulations, it would continue to be unlawful to discharge any fireworks,
including safe and sane fireworks, on any property in the Wildland Urban interface fire
area, specifically designed as any area in the city of Anaheim located east of the Costa
Mesa Freeway and south of the Riverside Freeway.
• Additionally, the ordinance made it unlawful to discharge any safe and sane fireworks in
the following areas: any public properties, city parks, any property within a commercial
zone and any property within an industrial zone of the city.
• Enforcement violations and regulations prohibiting dangerous or illegal fireworks would
remain the same, $1,000 for the first offense, $2,000 for a second and $3,000 for a third
offense. Staff was recommending reducing the fines for violations of safe and sane
City Council Minutes of March 22, 2016
Page 21 of 28
fireworks with the first offense being a $250 fine, the second would be $500 and the 3rd
offense would be $1000. Late charges were also reduced accordingly.
Mr. Garcia stated that with Council approval, the city would enter into a letter agreement with
Anaheim Arena Management (AAR)for the coordination and management of the sales program
and the program would continue to be open to all qualified organizations in Anaheim. He added
the ordinance defined qualified organizations as any Anaheim-based tax exempt charity or
nonprofit association in the city for at least one year and provided benefits and/or services to the
citizens of Anaheim, a school located within Anaheim, or any student group club or organization
in an officially recognized school. The agreement would once again provide the nonprofits with
30 percent of the gross fireworks sales and in addition AAR would remit 10 percent, not to
exceed $100,000, of gross fireworks sales to the Anaheim Community Foundation (ACF) for
support of local organizations. He pointed out the program was open to all nonprofits and they
would not have to enter into a lottery to participate, they would also not be responsible for
staffing their own stand, finding a location nor paying for insurance or other costs associated
with staffing. He added that last year, 60 nonprofits signed up for the program and he
anticipated more would take advantage of it this year.
Mayor Tait indicated an earlier speaker mentioned that nonprofits were not allowed to hand out
flyers at the sales site with Mr. Garcia responding that was true because logistically it would
have been awkward to have 60 nonprofits getting the attention of buyers. He added there was
no rule stating the nonprofits could not be off premises and with the second location there could
be an opportunity for that. He added staff was trying to make it easier for the nonprofits by
allowing them to get credit on smartphones and would be getting the word out to the nonprofits
as early as possible to have them mobilize their supporters via social media and other methods.
Mayor Tait stated that in many cases, he suspected the majority of fireworks sales were made
by people not affiliated with a nonprofit and therefore receiving no benefit. Mr. Garcia
responded there was a benefit in that 10 percent of the gross went to the Anaheim Community
Foundation (ACF) and last year it was $33,000.
Council Member Vanderbilt remarked the last time this issue was discussed, the original staff
proposal had a provision that allowed for firework use off curb and in the street asking if staff
had reexamined this issue from what it was proposed three weeks ago. Mr. Garcia responded
that language had been stripped from the ordinance and it would remain as it was last year
adding that he hoped to deal with potential issues with better outreach, communication, and
education in advance of the holiday to ensure residents understood the rules.
Council Member Vanderbilt addressed his next question to Item No. 36 with the City Attorney
remarking, that both Items 35 and 36 could be discussed together; however, any action on the
items should be done separately in case of voting differences. Council Member Vanderbilt
remarked that the total amount of sales was $350,000 with 30 percent distributed to the
nonprofits and 10 percent to the ACF, amounts he thought were significantly lower than the
public anticipated based on Measure E campaign material. He asked if there was any thought
given to going with another operator for the Brookhurst location that would supply manpower
without costs to increase the amount of funds versus overhead. Mr. Garcia replied that one of
the advantages of AAM was their ability to staff and provide an environment that the Fire
Department could oversee and ensure sales were going according to rules and regulations, and
in addition to that, having AAM run the second store allowed the program to remain as is with all
nonprofits benefitting from a share of the sales. He added staff did not think that would be the
case if the program was bifurcated.
City Council Minutes of March 22, 2016
Page 22 of 28
Council Member Murray remarked that nonprofits had no out-of-pocket expenses for this
program and they could count on a stream of new revenues each year dependent on how hard
they worked to get the word out for their individual programs versus the first year when there
was only a couple of weeks for nonprofits to advertise and most likely why the volume was so
low. Mr. Garcia stated the Honda Center had a list of all who participated last year and may
have already been in touch with them. Ms. Murray added that AAM was providing a secure
location, staffing, materials, insurance and security at their own cost and unlike other fireworks
sales programs out there, the nonprofits put out no expenses to participate.
Mayor Tait added that if the public thought the nonprofits would have benefited so little from this
program, they would not have voted for it, adding the most an organization made was $2,000,
although most made less than $500. He added the OC Register called this program a dud and
highly criticized it; he believed the nonprofits could do much better by a program run in the
traditional manner, with stands run by sports team boosters, churches and the like all over the
city, so he would oppose this item. Mayor Pro Tern Kring disagreed, explaining the difference
was that every nonprofit in the city of Anaheim had an equal chance of receiving revenues in
this program, while other cities used a lottery system for their nonprofits. She added that very
few things start out great the first year and she believed this was a win/win for all and would
enthusiastically support it.
MOTION: Mayor Pro Tern Kring moved to introduce Ordinance No. 6366 and Ordinance No.
6367, seconded by Council Member Murray.
ROLL CALL VOTE: AYES — 3: (Mayor Pro Tern Kring and Council Members Brandman and
Murray). NOES — 2: Mayor Tait and Council Member Vanderbilt. The ordinances were
introduced.
36. Authorize the City Manager, or his designee, to enter into a letter agreement with
AGR-8813.A Anaheim Arena Management outlining the manner in which fireworks sales will occur at
the Honda Center and a second location in west Anaheim.
MOTION: Mayor Pro Tern Kring moved to approve Item No. 36, seconded by Council Member
Brandman.
ROLL CALL VOTE: AYES — 3: (Mayor Pro Tern Kring and Council Members Brandman and
Murray. NOES — 2: (Mayor Tait and Council Member Vanderbilt).
37. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM, CALIFORNIA, ordering the submission of a proposed
M100 amendment to the City Charter to the electors at the General Municipal Election to be
held in said City on November 8, 2016 (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 explained that he had requested this item be placed on the agenda explaining
several years ago there was petition to require voter approval of certain economic assistance for
hotel developments and time ran out and the effort fell short to get the required number of
signatures for the ballot. He did not believe subsidies worked and as the city had a program in
City Council Minutes of March 22, 2016
Page 23 of 28
place in which a transient occupancy tax (TOT) incentive was a component and discussions
were now taking place with potential hotel developers, he wanted the voters to weigh in on
those proposals. He pointed out the city was already committed to GardenWalk Hotel for a
$158 million incentive and three or four more hotel projects in the works would have a serious
effect on the city's finances. He pointed out this was not a "bridge the gap" type of subsidy, it
was a 20 year commitment of the city getting only ten percent of the TOT generated, with 70
percent rebated back to the developer and 20 percent going toward bond payments. The
resolution before Council would ask the voters to decide and since Mayor Pro Tern Kring had
supported the "Let the People Vote" initiative before the election, he hoped she would support it
tonight.
MOTION: Mayor Tait then moved to approve the RESOLUTION OF THE CITY OF ANAHEIM
ordering the submission of a proposed amendment to the City Charter to the electors at the
General Municipal Election to be held in said City on November 8, 2016 (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"), seconded by Council Member
Vanderbilt for purposes of discussion.
DISCUSSION: Mayor Pro Tern Kring remarked she had supported the initiative but after
looking at the figures, it did not make sense to her. She presented a historical perspective on
hotel incentives going back to 1999 with a proposal for the current GardenWalk site, stating
subsidies offered during those years were greater than the current policy that included 20
percent of sales taxes generated and was offered to 3-star hotels. She indicated the city only
had two four-diamond hotels, the Disneyland Hotel and the Grand Californian with $700/night
rooms and that a 4-star hotel brought in an average of$350 to $400 a night, or more when a big
convention was in town. She also pointed out as far as the $158 million associated with
GardenWalk, the city had not paid a penny because the hotels were not yet built and that would
hold true until the hotels were operating. She pointed out the reality was hotel developers
needed the subsidy because of the bank financing needed for construction; the developers
could not wait for an election to find out if a project was moving forward and would not want the
added expense of campaigning on their behalf during that election process and lastly, it would
cost the taxpayers $300,000 or more for a special election. She would not support this
resolution.
Council Member Murray stated the marketplace had shown that 4-diamond hotels were not
being constructed without a subsidy. She emphasized the city's economic analysis had also
shown there would be a windfall of brand new revenues coming into the general fund and that
Anaheim would be in a better cash position with those hotels and this policy in place. She
added the policy was specifically crafted to attract 4-star hotels to add to the city's inventory of
quality family hotels and capture revenues from visitors who sought out high-end hotels. Council
Member Murray then requested the city manager utilize these strategies in west Anaheim, hire a
consultant with expertise to study west Anaheim, and return with an economic and incentive-
based policy to secure high-end retail entertainment and commercial investment that area had
been requesting for some time. She then asked that the policy and recommendations be
presented at the first meeting in July.
Mayor Tait stated he had voted for Doubletree Hotel with a $7 million subsidy although he now
felt differently and would not support it. He also voted against the Lake project and against the
Fry's Electronics $5 million subsidy, pointing out as a consequence of that incentive there were
City Council Minutes of March 22, 2016
Page 24 of 28
no longer small electronics stores operating in Anaheim. He believed the city's responsibility
was to create a level playing field for businesses and that subsidies favored one and not the
other. He pointed out that the General Fund revenue was $280 million for this fiscal year, and
$80 million of that went back into the Resort District to pay for infrastructure investments,
leaving the city with a net $200 million to pay for city services, and in reality it was not that
significant of an amount when compared to Santa Ana with $230 million in general fund monies.
He believed the 4-star hotels would take business away from existing hotels, like the Hilton or
Marriott and Anaheim would actually lose tax monies. As to the reason Mayor Tait requested
consideration of this item, he stated Mayor Pro Tem Kring had commented at one point she
believed in letting the public vote on this issue and Council Member Vanderbilt had not offered
an opinion and he thought there might be three votes in support of this item.
Mayor Pro Tern Kring remarked that initially this policy was looking at an 80 percent rebate and
she did state she would not support that, however, she met with developers and they agreed to
reduce the subsidy to 70 percent. She underscored that Anaheim needed hotel rooms of all
sizes and with the Heart Association, NAMM, and Natural Products conventions, the Regis and
Montage in other cities were getting TOT revenues that should be going to Anaheim. The
tourism industry reported Anaheim needed at least 2,400 four-diamond hotel rooms to keep up
with the pace of tourism activity and she fully supported the hotel incentive program and did not
want to miss this opportunity for the city.
Council Member Vanderbilt inquired if the resolution was approved and set for the November
2016 election, would anything considered by Council prior to this action be impacted with City
Attorney, Mr. Houston responding in the affirmative that any action taken by the City Council
prior to the charter amendment would not be subject to these provisions. Mr. Vanderbilt
inquired if approval of this item might spur activity for more economic development because the
policy would end with Mr. Emery responding that he could not speculate as to how the
development community would respond but he understood that these types of projects took
years to plan. Council Member Vanderbilt mentioned that he had previous concerns about the
language used, i.e., "Let the People Vote Amendment" asking for a more neutral title to be used
with Mayor Tait remarking he would be agreeable to that amendment. Mr. Houston explained
that in the title of the resolution, he would strike the works "aka Let the People Vote
Amendment" and in Section 1 of the Charter Amendment measure, strike Title Section 1, the
only two places where this language appeared.
AMENDED MOTION: Council Member Vanderbilt amended the previous motion to strike the
language referenced in the last clause in the title "aka Let the People Vote Amendment" and
also section 2 of the proposed charter amendment, seconded by Mayor Tait.
ROLL CALL VOTE: AYES — 2: (Mayor Tait and Council Member Vanderbilt). NOES — 3:
(Mayor Pro Tern Kring and Council Members Brandman and Murray). Motion Failed.
Council Member Murray remarked if this item was approved, it would bring an end to any 4-
diamond hotel development in Anaheim. She believed the revenue generated would be
significant and put Anaheim in an ever better financial situation than it currently was without
burdening taxpayers and she was prepared to vote. Mayor Tait disagreed remarking he had
talked to hotel experts and this was a hot market for luxury hotels with the cost to build about a
$350 a key (room) and selling for about $500 a room, a significant profit for the developer. He
added if the market did not support high-end hotels, then maybe a 3-star should be constructed
instead and the city would receive the total TOT generated by that hotel. Council Member
City Council Minutes of March 22, 2016
Page 25 of 28
Murray responded that the economic analyses performed over the last five years showed the
revenue stream to the city, even during subsidy years was superior to 2-star and 3-star
revenues generated and so far there had not been a single applicant seeking to build a 4-star in
this or any other city in the region without an incentive based program in place. She pointed out
that each proposed development that comes before the city would require its own economic
analysis and public hearing before any decisions were made. Mayor Tait stated those
economic studies in the past were wrong; specifically speaking to the concept the city would
make $450 million in taxes over 20 years with the GardenWalk hotels. He emphasized when 70
percent or$158 million would be reimbursed to the developer, ten percent to the city would be
around $14 or$14 million, not $450 million.
Council Member Brandman remarked that the first policy issue he participated in was in January
of 2012 where he spoke in favor of the GardenWalk economic development agreement and he
did so because the city was in desperate need of good locally hired jobs created by this
assistance agreement. At that time business and labor came together in favor with no single
dissenting voice from the public. He indicated robust conversation occurred over the next five
months and the conversation led to this issue being the primary issue in the election of 2012 in
which he was a candidate and this issue was vigorously discussed in mass mailings, door-to-
door outreach and at candidate forums and in his opinion the people through their election of
representatives already had an opportunity to vote on this issue.
Mayor Tait stated this was a fundamental disagreement on the role of government, and in his
view, government should create a level playing field for everyone and because it was a
fundamental question, he believed the public had the right to vote on the subject of subsidies.
Council Member Vanderbilt remarked that he had asked for an amendment to the motion earlier
and it failed, asking Mayor Tait if he would withdraw the original motion and reintroduce it
striking the language he requested. Mr. Houston, City Attorney, remarked that once a motion
was made and seconded it then became the property of the legislative body and needed action
in order to dispose of it.
ROLL CALL VOTE for Mayor Tait's motion to approve the resolution as presented and
seconded by Council Member Vanderbilt: AYES— 1: (Mayor Tait). NOES —4: (Mayor Pro Tem
Kring and Council Members: Brandman, Murray and Vanderbilt). Motion Failed.
PUBLIC HEARING:
38. This is a public hearing to consider the proposed vacation/abandonment of portions of
P110 excess street right of way adjacent to 1110-1150 North Anaheim Boulevard and 115-125
AGR-9900 West La Palma Avenue and approval of purchase agreement for excess right of way and
remnant parcels (Abandonment No. ABA2015-00324).
RESOLUTION NO. 2016-053 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM vacating portions of excess street right of way adjacent to
1110-1150 North Anaheim Boulevard and 115-125 West La Palma Avenue
(Abandonment No. ABA 2015-00324).
Approve and authorize the Public Works Director to execute the Purchase Agreement
with The La Palma Village Project Owner, LLC, in the amount of$1,050,000, for the sale
of excess right of way and remnant property, authorize the Mayor to execute the
Quitclaim Deed, authorize the Public Works Director, or her designee, to execute any
City Council Minutes of March 22, 2016
Page 26 of 28
other documents, including escrow documents, as required to close escrow and
authorize the City Clerk to deliver the resolution and Quitclaim Deed to escrow for
recordation in the Orange County Recorder's Office.
At 9:16 P.M., the public hearing on the proposed vacation and abandonment of certain portions
of excess street right of way adjacent to 1110-1150 North Anaheim Boulevard and 115 — 125
West La Palma Avenue was considered.
Natalie Meeks, Public Works Director, reported this item was related to the disposition of
property at the corner of La Palma and Anaheim Boulevard resulting from a previous council
meeting in which a development project was approved for housing in that area and the
developer worked to acquire excess street right of way, easements and some excess
redevelopment property now owned by the Successor Agency to the Anaheim Redevelopment
Agency. These pieces of property would be combined and included in the development of that
corner. Ms. Meeks stated as part of that negotiation, the intersection would be realigned and
provide some additional pedestrian improvement and staff had negotiated a purchase price for
the property of about $1 million and requested moving forward with transfer of the property to
implement that development project.
Mayor Tait opened the public hearing for comments.
William Fitzgerald opposed this item, stating it would make an already congested traffic area
worse. He pointed out the staff report indicated there was a higher assessment made for this
property than the proposed purchase price of$1 million and the public had the right to know that
figure. He then offered his perspective on staff and why Council would approve the request.
Mayor Tait acknowledged the courts allowed offensive, profane language at the podium,
however, he objected to personal comments against staff and offered an apology to all who had
to listen.
Victoria Michaels, resident, objected that Council Member Brandman's focus was on his
computer screen rather than giving his attention to public speakers. As a point of personal
privilege, Council Member Brandman explained the agenda and related exhibits were on the
computer screen and the reason why council members turned to their screens at times for
reference.
Cynthia Ward thanked Mayor Tait for objecting to Mr. Fitzgerald's comments because to watch
those statements go unchallenged made it appear Mr. Fitzgerald was equal to all other
speakers who came before the city, which was not the case. She underscored there were a lot
of citizens that did not agree with him. Council Member Vanderbilt inquired if Ms. Ward had an
opinion on this public hearing item with Ms. Ward responding that she did wonder about the fact
there was an appraisal made that appeared to be higher and that the city was adjusting the
purchase price down but did not bring it up because she did not want to be associated with Mr.
Fitzgerald. Mayor Tait stated that question would be asked.
Bobby Donelson, resident, added that he was also curious about the comment referencing a
high appraisal and that the public would be interested in knowing the details.
With no other comments offered, Mayor Tait closed the public hearing.
City Council Minutes of March 22, 2016
Page 27 of 28
Mayor Pro Tem Kring requested staff address the items of concern from the public about the
appraisal.
Public Works Director Natalie Meeks remarked both the city and the developer retained their
own appraisers; the city's came in at approximately $1.3 million and the developer's appraiser
was about $300,000, a significant difference in a complex appraisal with a number of different
parcels in the land transaction. Some of the parcels had easements, some contained utilities
which required a deduction for the cost of relocation along with the cost of acquiring the land.
In addition, the developer would widen La Palma and improve pedestrian connections at that
corner; and, collectively the city negotiated the purchase price to $1,050,000, a fair value based
on the cost of relocation and improvements.
Council Member Vanderbilt asked if there was ever an instance when appraisals were based on
the intended use because that is what the buyer wanted to do with the land, adding that at one
time this property was open space. Ms. Meeks responded it was appraised as commercial
property because it was zoned as such at the time the appraisal was made, and not appraised
as residential. She added it was typically done in this manner as it was the developer's risk to
get the property rezoned; the city did not take on that risk, but transferred the property to the
developer. Mayor Tait asked if the city was receiving top market value for this property with the
Ms. Meeks replying the city would receive fair value and the dollar amount was closer to the
city's appraisal and the decreased cost took into account the relocation of utilities and the
improvements needed for the project. Mayor Tait asked if this was the best price the city could
get for the property with Ms. Meeks responding the best value is in what could be done with the
property by adjoining it to other land, as there was not much use in the land by itself, an odd
configuration made up of a number of small parcels and not really large enough to
accommodate a significant development. The appraiser looked at the highest and best use of
the property which was adjoining it to adjacent property but that would limit the number of
buyers which translated to some reduction in value because the pool of buyers was limited.
She added, in her opinion, the city was receiving fair value for the land.
MOTION: Mayor Pro Tern Kring moved to approve RESOLUTION NO. 2016-053, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating portions of
excess street right of way adjacent to 1110-1150 North Anaheim Boulevard and 115-125 West
La Palma Avenue -Abandonment No. ABA 2015-00324, seconded by Council Member Murray.
ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members: Brandman, Kring, Murray
and Vanderbilt). Motion Carried.
REPORT ON CLOSED SESSION ACTIONS:
City Attorney Michael Houston reported the following: Regarding Item No. 2 on the closed
session agenda, City Council authorized the City Attorney to initiate litigation by a unanimous
vote, stating that once the case was initiated, the city on inquiry would disclose information as
required by law. Referencing Item No. 3, the City Council authorized the City Attorney to initiate
litigation and file cross complaints against the Magnolia School District and All City Management
Services and directed staff to explore tolling such litigation against the school district as deemed
appropriate by the city attorney if agreement as to tolling could be resolved.
Mayor Tait, referencing closed session Item No. 4, reported the City Council unanimously
accepted the resignation of City Attorney Michael Houston effective April 29, 2016, waiving the
City Council Minutes of March 22, 2016
Page 28 of 28
60 day noticing requirement and thanked Mr. Houston for his professionalism and dedication
while serving in this capacity and congratulated on his new position.
COUNCIL COMMUNICATIONS:
Mayor Pro Tern Kring thanked Michael Houston for his service and announced the Anaheim
Family YMCA Good Friday Breakfast to be held on March 25. She spoke of her attendance at
the annual Volunteer Recognition Luncheon and the National League of California Cities
Conference in Washington. She highlighted the success of a new trolley program in
Washington, DC and requested a proclamation to recognize Jonathan Esquivel, USA Olympic
Boxer, as well as the April 7 Cops 4 Kids Foundation fundraiser to support his Olympic journey.
She announced the Anaheim Performing Arts Gala on April 7 and the Police Department's open
recruitment for officers and encouraged interested candidates to apply.
Council Member Vanderbilt spoke of his attendance at the Police Department's weekly accident
analysis meeting regarding making streets safer and the annual Volunteer Recognition
Luncheon, the Rose Bush community meeting, and Public Works' street car open house at
ARTIC.
Council Member Murray reported her attendance at the National League of California Cities
Conference in Washington and announced the unveiling of the K-9 Monument at the La Palma
Dog Park on April 3. She requested an economic incentive policy for west Anaheim to be placed
on the agenda for the first meeting in July and also requested the meeting adjourn in memory of
the victims in Belgium.
Council Member Brandman requested a proclamation to recognize Anaheim resident Don
Mitchell, educator, for his years of dedication and service to students and announced the
Anaheim free Health Fair to be held on April 2 -3, 2016.
Mayor Tait spoke of his meeting with the Mayors, city managers and planning directors of
Stanton and Buena Park regarding the Beach Blvd Coalition. He requested staff look into a
pedestrian pathway along Santa Ana Canyon Road from Mohler Drive to the Festival shopping
center and spoke about his attendance at Katella High School where he participated in a civic
engagement event with high school seniors.
ADJOURNMENT: At 9:58 P.M., the March 22, 2016 meeting was adjourned in memory of the
victims in Belgium.
ft,ctfully submitted,
r fral°00
Linda N. Andal, CMC
City Clerk