2012/11/20ANAHEIM CITY COUNCIL REGULAR ADJOURNED AND
REGULAR MEETING OF NOVEMBER 2 20
The Anaheim City Council was called to order at 3:00 P.M. on November 20, 2012 and
adjourned to 4:00 P.M. for lack of a quorum. The Regular Adjourned meeting was called to
order by Mayor Tait at 4:07 P.M. in the chambers of Anaheim City Hall, located at 200 Anaheim
Boulevard.
Present: Mayor Tom Tait and Council Members: Gail Eastman, Lorri Galloway, Kris Murray and
Harry Sidhu.
Staff Present: City Manager Bob Wingenroth, City Attorney Cristina Talley, and City Clerk Linda
Andal
ADDITIONS /DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
At 4:08 P.M., Mayor Tait recessed the meeting to closed session for consideration of the
following items:
CLOSED SESSION:
3. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the Government Code)
Agency designated representative: Kristine Ridge
Name of employee organizations: Anaheim Fire Association
4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Moreno et al. v. City of Anaheim, Orange County Superior Court Case
No. 2012 - 00579998
At 5:19 P.M., Council returned from closed session and reconvened the November 20 agenda.
Invocation: Rev. Dr. Victor Chayasirisobhon, First Southern Baptist Church
Flag Salute: Council Member Kris Murray
Acceptance of Other Recoanitions (To be presented at a later date):
Mayor Tait remarked he had been on a ride -along with Police Captain Raul Quezada, visiting
many neighborhoods in the city and at the end of his tour, was present when two officers, Sarah
Shirvany and Flora Palma, performed CPR on a woman who had stopped breathing. He shared
that he he had a chance to see real heroines in action who returned to work for the remainder of
their shift, business as usual. He introduced Officer Shirvany commending her actions in saving
the life of one of an Anaheim resident.
Recognizing the Anaheim Resort RV Park on its 56 Anniversary
Council Minutes of November 20, 2012
Page 2 of 9
The owner of the Anaheim Resort RV Park thanked the city for recognizing his family -owned
business established by his grandparents 56 years ago, and now a third generation business,
providing specialty lodging in the City and ranked the #1 family -owned business by the Anaheim
Chamber of Commerce.
Recognizing Charles Ahlers on his retirement from the Anaheim /Orange
County Visitor & Convention Bureau
At 5:19 P.M., Mayor Tait called to order the Anaheim Housing Authority (in joint session with the
Anaheim City Council).
ADDITIONS /DELETIONS TO THE AGENDAS: None
PUBLIC COMMENTS (all agenda items):
Assemblyman Chris Norby remarked that he had represented the city and residents as county
supervisor and as state legislator, and had taken this opportunity to thank the community for
their support during his tenure now ending. He appreciated staff's assistance and cooperation
in working towards the making of the ARTIC project, and effort in which he took pride and an
important component of Anaheim's future master plan.
On behalf of the Orange County Board of Supervisors, Supervisor Bill Campbell offered Mayor
Pro Tern Sidhu and Council Member Lorri Galloway proclamations recognizing their
contributions locally and regionally as they stepped down from public service.
A community mariachi band celebrated Council Member Lorri Galloway's service to the
community thanking her for her grace and commitment to all Anaheim citizens.
Dukku Lee, Assistant General Manger, Public Utilities Department, recognized the five -man
crew that spent two weeks in the Long Island area to help with utility restorations after Hurricane
Sandy, struggling through cold weather, wind and rain. He thanked council for supporting
efforts to help those in need and introduced Crew Supervisor Pat Jelensky, and Linemen Frank
Gehr, Nick Heide[, Dave Bogdan and Emigdio Villalpando.
Concepcion thanked Council Member Galloway for listening to the voices of the community and
although she would be missed in her role as a council person, the community members looked
forward to working with her in the future on all issues.
Thomas Holquin invited the City Council and the community to attend the Nutcracker Christmas
Tree Lighting event taking place on December 18 in the downtown area from 1 P.M. to 9 P.M.,
with events free to all that included holiday craft activities, a snow play area, train rides and
photos with Santa.
William Fitzgerald expressed a number of concerns relating to council member conflict of
interests.
Cecil Jordan Corcoran, Outreach Homeless Ministries, reported on global political activities
Dorothy Rose thanked the outgoing council members for their dedicated service to the city and
also updated the community on Orange County Symphony activities. December 9' the sounds
Council Minutes of November 20, 2012
Page 3 of 9
of the season including Handel's Messiah would be celebrated and on January 12, the
symphony would open the ceremony dedicating the Grand Plaza at the Convention Center.
An unidentified individual congratulated Jordan Brandman and Lucille Kring on their recent
election to Anaheim City Council.
James Robert Reade, resident, remarked he was donating to Anaheim Cops 4 Kids and urged
residents to do the same in an effort to create positive relationships among the youth and police
by providing wholesome activities to those youths in priority neighborhoods.
Fernando Negrete, Eli Home, congratulated Mayor Pro Tern Sidhu and Council Member Lorri
Galloway for their commitment and service to Anaheim. He remarked Lorri Galloway had
always been the voice of the under- represented and he personally understood how much she
cared for people. He updated Council on the Eli Home financial problems, remarking that
$200,000 was needed by January 1S or one of the shelters would close. He encouraged the
community to help raise funds for the shelters for abused children and mothers.
Bryan Beger, on behalf of AMEA, thanked the outgoing council members for making the tough
decisions that were necessary during the historic economic decline and for acting in the best
interests of the city even when it was not popular.
Martin Lopez, resident, thanked Council Member Lorri Galloway for being an advocate of hotel
and service workers and standing up for those who had not had a voice in the past. He wished
both outgoing council members the very best and looked forward to working with the remaining
council members toward a better future for the city.
German Santos, resident, felt it was inappropriate to vilify all parents of gang members.
Lucille Kring remarked that working with Harry Sidhu and Lorri Galloway in the past had been a
pleasure and while they did not always agree, the conversations were spirited and respectful.
She wished them well as they departed public life.
Amin David expressed his thanks to Lorri Galloway, remarking she was here for a mission and
the community would continue to follow her and work towards solutions to problems.
Bill Dalati, resident, saluted Lorri Galloway for reaching out and working for every diverse
community in Anaheim. He expressed his appreciation and pride to Harry Sidhu for all he had
accomplished as an immigrant and looked forward to the new leadership in Anaheim.
Mike Galloway spoke with pride over his wife's accomplishments, remarking she had inspired
him for 41 years and he hoped she had inspired others to do what was right.
Patrick Eire, Anaheim business owner, thanked Harry Sidhu for his seamless assistance as the
moved his business from Santa Fe Springs to open his doors in business - friendly Anaheim.
Steve Gupta, business owner, thanked Harry Sidhu for the help he gave to his manufacturing
business that now employed 175 people and was a thriving Anaheim corporation.
Nahlia Kaylia, Access California Services, thanked the outgoing council members for their
support to Anaheim's refuges and congratulated the newly elected council persons.
Council Minutes of November 20, 2012
Page 4 of 9
Mr. Shabu remarked that Mayor Pro Tem Sidhu had been an inspiration to immigrants and
wished continued success to both Harry Sidhu and Lorri Galloway.
An unidentified person remarked America was a country where each individual, including
immigrants, had a chance to succeed in a society that accepted diversity. He expressed pride
over Harry Sidhu's accomplishments and thanked Lorri Galloway for her service.
David Vadodaria, resident, expressed appreciation to Harry Sidhu for giving back to the
community and encouraging his participation in public service as a Parks & Recreation
Commissioner.
Joanne Sosa thanked Lorri Galloway for teaching others to lead through love, remarking she
had been the first person to go into the mosques after 911 out of respect for Anaheim's Muslim
community.
Linda Lovatos expressed her appreciation for Council Member Galloway's commitment to the
underserved and giving a voice to their concerns. She thanked Mayor Pro Tem Sidhu for his
service to the city and thanked Mayor Tait for practicing kindness throughout the city and
believed all were working in the very best interests of the city.
At 6:18 P.M., Mayor Tait recessed the City Council meeting to consider the Housing Authority
agenda, reconvening the meeting at 6:19 p.m.
CONSENT CALENDAR: Mayor Tait pulled Item Nos. 19 and 21 for further discussion. Mayor
Pro Tem Sidhu then moved to waive reading in full of all ordinances and resolutions and to
approve the balance of the consent calendar as presented, seconded by Council Member
Galloway. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway,
Murray and Sidhu.) Noes — 0. Motion Carried.
D117 4. Approve the Investment Portfolio Report for October 2012.
5. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing
Agent to issue a purchase order to Simplex Grinnell, in the amount of $49,915 plus tax,
D180 for the purchase and installation of one Simplex Grinnell TrueSite Workstation for the
Anaheim Convention Center.
6. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing
D180 Agent to issue a purchase order to Geospatial Technologies, Inc., in the amount of
$27,510 (plus tax), for Impact Power 4G multi -band antennas for Anaheim Fire &
Rescue /Metro Cities Fire Agencies.
7. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing
D180 Agent to issue a purchase order to Versatile Information Products, Inc., in the amount of
$64,324.61, for PUMA Digital Audio Recorders and Management Software for the Police
Department.
8. Accept the lowest responsive bid of RER Enterprises, dba Feeney Wireless, in the
amount of $149,955 (plus tax), for Sierra wireless modems for Anaheim Fire &
D180 Rescue /Metro Cities Fire Agencies, in accordance with Bid #7785.
Council Minutes of November 20, 2012
Page 5 of 9
9. Approve and authorize the Fire Chief, or his designee, to execute a transfer agreement
AGR- 5141.6 with the County of Orange for the 2011 Homeland Security Grant Program funding and
amend the Police and Fire Department's fiscal year 2012 -13 budget accordingly.
AGR- 7155.1 10. Approve Amendment No. 1 to Right of Entry and License Agreement with Asplundh
Construction Corporation extending the term to June 30, 2013 and exercising their
option to utilize remaining square feet of available space for construction staging and
storage at 1730 Anaheim Way.
AGR -7394 11. Approve a Design Engineering Services Agreement with RBF Consulting, Inc., in an
amount not to exceed $261,000, for the Citywide Sanitary Sewer Improvement
Program /Project- Group 6 (Crescent Avenue / Loara Street and North Street).
AGR -7895 12. Approve an agreement with the Anaheim Transportation Network for grant monies to
AGR 7395.1 reduce air pollution from motor vehicles; approve the South Coast Air Quality
Management District Mobile Source Air Pollution Reduction Review Committee contract
for the purchase of twelve (12) Compressed Natural Gas buses to be used in the Go
Local and Anaheim Resort Transit services; authorize the Director of Public Works to
take the necessary actions to implement the contracts; and increase the Department of
Public Works fiscal year 2012 -13 revenue and expenditure appropriation by $300,000.
AGR- 1460.VI113. Approve the Purchase and Sale Agreement and Joint Escrow Instructions, and related
P124 exhibits, with Lewis R. Schmid and Judith E. Schmid, Trustees of Schmid Family Trust
and J.T. Restaurants, in the payment amount of $4,593,525 plus a reimbursement for
permit fees, for property located at 2600 -2620 East Katella Avenue and 1730 South
Douglass Road for the Anaheim Regional Transportation Intermodal Center project
(R/WACQ2010- 00394).
RESOLUTION NO. 2012 -136 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
certain interests in real properties (Deed Nos. 11516 and 11517).
14. RESOLUTION NO. 2012 -137 A RESOLUTION OF THE CITY COUNCIL OF
R100 THE CITY OF ANAHEIM approving the submittal of three improvement project(s) to the
Orange County Transportation Authority for funding under the Comprehensive
Transportation Program.
Authorize the Director of Public Works to execute any cooperative agreements with the
Orange County Transportation Authority to accept the grants, and increase the
Department's revenue and expenditure appropriation by a commensurate amount in the
fiscal year when the grants are awarded.
15. RESOLUTION NO. 2012 -138 A RESOLUTION OF THE CITY COUNCIL OF
R100 THE CITY OF ANAHEIM adopting the Measure M2 expenditure report and authorizing
the City of Anaheim Finance Director to sign and submit the expenditure report to
Orange County Transportation Authority on behalf of the City of Anaheim.
D175 16. RESOLUTION NO. 2012 -139 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM designating Frances Drive from Loara Street to Dresden Street
Council Minutes of November 20, 2012
Page 6 of 9
and Loara Street from Claredge Drive to Dogwood Avenue "Permit Parking Only" streets
within Permit - Eligible District No. 17 (Anaheim Memorial).
17. RESOLUTION NO. 2012 -140 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the Public Works Director or her designee to
R100 submit a grant application on behalf of the City of Anaheim to the Orange County
Transportation Authority for funding under the M2 Regional Traffic Signal
Synchronization Program for Harbor Boulevard project, and if awarded, authorizing the
acceptance of such grant funds on behalf of the City and amending the budget
accordingly.
RESOLUTION NO. 2012 -141 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the Public Works Director or her designee to
submit a grant application on behalf of the City of Anaheim to the Orange County
Transportation Authority for funding under the M2 Regional Traffic Signal
Synchronization Program for Kraemer Boulevard project, and if awarded, authorizing the
acceptance of such grant funds on behalf of the City and amending the budget
accordingly.
RESOLUTION NO. 2012 -142 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the Public Works Director or her designee to
submit a grant application on behalf of the City of Anaheim to the Orange County
Transportation Authority for funding under the M2 Regional Traffic Signal
Synchronization Program for State College Boulevard project, and if awarded,
authorizing the acceptance of such grant funds on behalf of the City and amending the
budget accordingly.
18. RESOLUTION NO. 2012 -143 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the Director of Community Services or his
designee ( "Director ") to accept all grants from KaBOOM! on behalf of the City of
Anaheim for the installation and maintenance of playground equipment at Schweitzer
AGR -7396 park, and authorizing the Director to execute all required grant documents.
Approve and authorize Director of Community Services to execute the KaBOOM! Letter
of Intent and authorize the Director of Community Services, or his designee, to act as
the agent of the City on all matters concerning this grant program and to accept future
funds received from KaBOOM! for maintenance of the playground equipment at
Schweitzer Park.
20. RESOLUTION NO. 2012 -145 A RESOLUTION OF THE CITY COUNCIL OF
D154 THE CITY OF ANAHEIM amending Resolution No. 97R -101 for the purpose of
modifying those classifications designated as unrepresented part time.
22. ORDINANCE NO. 6258 (ADOPTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM adding Chapter 6.26 to Title 6 of the Anaheim Municipal Code pertaining to
garage sales (Introduced at Council meeting of November 13, 2012, Item No. 22).
23. ORDINANCE NO. 6259 (ADOPTION) AN ORDINANCE OF THE CITY OF
M 142 ANAHEIM amending Section 6.73 of Title 6 of the Anaheim Municipal Code pertaining to
Council Minutes of November 20, 2012
Page 7 of 9
provision of police services at loud parties or other events (Introduced at Council
meeting of November 13, 2012, Item No. 23).
24. Approve minutes of the Council meeting of October 23, 2012.
END OF CONSENT:
19. RESOLUTION NO. 2012 -144 A RESOLUTION OF THE CITY COUNCIL OF
D154,4 THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms
and conditions of employment for employees in classifications represented by the
Anaheim Fire Association, Local 2899.
21. RESOLUTION NO. 2012 -146 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM giving notice of its intention to approve an amendment to the
D154 contract between the Board of Administration of the California Public Employees'
Retirement System and the City of Anaheim.
Mayor Tait explained that he would vote no on Item Nos. 19 and 21 for the following reasons:
He indicated to reduce the expense of pension costs, the state allowed some relief at reducing
pension rates, going from three percent at age 50 to 2.7 percent at age 57 for prospective
employees only, no current employees. This rating provided for every year of service with the
City of Anaheim an employee would get 2.7 percent of his or her three highest years of salary
upon retirement at age 57. Mayor Tait added to begin to make a dent in the city's unfunded
liability associated with pension costs, the maximum reduction of two percent at 50 should be
pursued through negotiation and he would not support approval of these two items.
Council Member Murray requested staff provide details of the agreement reached including the
pension cost relief the state provided and the additional benefit Anaheim would gain by taking
this action today versus delaying for further negotiation to take place. .
Kristine Ridge, Human Resources, reported there were two major provisions in the
Memorandum of Understanding (MOU) before council for consideration. The first one referred to
the pension for any new hires after January 1, 2013 which would default to the formula under
state law of 2.7 percent at 57. To get a lower pension formula in place, would have to be
agreed upon by Anaheim Fire Association and could not be provided under any impasse
procedures. For new hires after January 1, 2013, the PERS formula of 2.7 percent at 57 would
apply.
The Anaheim Fire Association agreed to a modified tier that would be effective in December
2012, a benefit formula of 2 percent at 50, significant to the city as the state law contained a
loophole and even if persons were hired after January 1, 2013, if they had ever been a member
of a public retirement system, they would receive what the agency was offering in December of
2012, not the formula dictated by state law. She explained by implementing a new second tier
just before the end of the calendar year, any lateral hires would be treated similar in the benefit
formula regardless of whether they were a member of a public retirement system or not.
The other item in the amendment was the significance in the flexibility of the staffing provided
for in the MOU. She noted Anaheim had a 30 -year history and tradition with a certain staffing
model, steep in tradition with the Fire Association and their leadership stepped up and provided
Council Minutes of November 20, 2012
Page 8 of 9
(in this agreement) for management to have some flexibility in that staffing and by doing so the
city could better serve the residents and businesses of the community.
Council Member Galloway remarked this had been a difficult negotiation, thanking the AFA and
staff for working toward this goal. Council Member Eastman remarked the Association and its
members had come to a fair and equitable agreement, saving time and expense and offering
the same level of service to the community and she would support the amendment. Mayor Pro
Tem Sidhu thanked Chief Bruegman and the firefighters for making this effort for agreement and
to move forward from here. Mayor Tait reiterated he would not support this amendment as it did
not reduce pension costs enough at this level.
Council Member Galloway then moved to approve Item No's 19 and 21: RESOLUTION NO
2012 -144 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Memorandum of
Understanding establishing terms and conditions of employment for employees in classifications
represented by the Anaheim Fire Association, Local 2899 and RESOLUTION NO. 2012 -146
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; seconded by Council Member Murray
Roll Call Vote: Ayes — 4: (Mayor Pro Tem Sidhu and Council Members: Eastman, Galloway,
and Murray.) Noes — 1: Mayor Tait. Motion Carried.
Report on Closed Session Actions: None
Council Communications:
Council Member Murray extended best wishes to all during the Thanksgiving holiday and to
Council Member Lorri Galloway and Mayor Pro Tem Sidhu, she remarked it was an honor and a
privilege to serve with them and looked forward to continue their work together for the benefit of
the community going forward.
Council Member Eastman discussed the lasting legacies accredited to Council Member
Galloway and Mayor Pro Tem Sidhu and wished them every success in continuing to champion
their causes.
Mayor Pro Tem Sidhu remarked it was a privilege to serve for eight years, thanking the
community for their trust and support. He presented a power point highlight significant
accomplishments occurring during his tenure, much of it directed toward improving the economy
and attracting business and quality jobs to the area. He was proud of the success of the Job
Expo providing employment during difficult times and for the Health Fair, offering needed health
services to those without insurance, efforts that would continue after he left public office. He
thanked the dedicated and hard - working management team and city employees for their work
on behalf of the community.
Council Member Galloway spoke movingly of her tenure on the city council, remarking her
mission from the start was to empower others as she spoke with the voices of those without
money or power. She was privileged to have participated in the establishment of the Family
Justice Center which changed the ways in which victims of family crimes received help, for the
thousands of affordable homes built for the neediest and for the groundbreaking of ARTIC, a
hub of transportation what was the future of Anaheim and the region. She recognized the
excellence evident in Anaheim's management team and was appreciative of the work done by
Council Minutes of November 20, 2012
Page 9 of 9
the Anaheim family of employees. She offered personal thanks to her family and wished the
very best to Mayor Tait and Council Members Eastman and Murray.
Mayor Tait thanked Harry Sidhu for his eight years of service, remarking that his personal and
professional achievements were an American success story and inspiring to all. He added the
Health Fair and Job Fair would continue beyond their term providing health services to those in
need and securing jobs for those unemployed. To Council Member Galloway he stated the
Family Justice Center would not have been established without her efforts and the East Street
Coalition would continue to rally the community together with pride. He admired her fierce
advocacy for the poor and overlooked, thanking her for her eight years of dedication to the city.
Adjournment: At 7:19 P.M., with no other business to conduct, Mayor Tait adjourned the
November 20, 2012 council meeting.
Re e ully submitted,
Linda N. Andal, CIVIC
City Clerk