10/25/2016ANAHEIM CITY COUNCIL REGULAR MEETING
OF OCTOBER 25, 2016
The regular meeting of October 25, 2016 was called to order at 3:01 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 October 21, 2016.
PRESENT: Mayor Tait, Mayor Pro Tem Kring, and Council Members: Kris Murray, Jordan
Brandman, and James Vanderbilt.
ABSENT: None
STAFF PRESENT: City Manager Paul Emery, Acting City Attorney Kristin Pelletier, and City
Clerk Linda Andal.
ADDITIONS\DELETIONS TO CLOSED SESSION: None.
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None.
CLOSED SESSION: At 3:01 P.M., Mayor Tait recessed to closed session for consideration of
the following items:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Section 54957 (b) of the California Government Code)
Position Title: City Manager and City Clerk
2. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representative: Jason Motsick
Position Title: City Manager and City Clerk
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Section 54956.8 of the Government Code)
Property 1: 2200 East Katella Avenue, Anaheim, CA 92806
Agency Negotiator: Paul Emery, City Manager
Negotiating Party: Anaheim Performing Arts Center Foundation (APAC)
Under Negotiation: Price and terms of Payment for Lease of Property
4. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representative: Jason Motsick
Name of Employee Organizations: International Brotherhood of Electrical Workers,
Local 47 (IBEW), International Brotherhood of Electrical Workers, Local 47 (IBEW) Part -
Time Unit, Anaheim Municipal Employees Association (AMEA) Part -Time Unit, and
Teamsters, Local 952
5. PUBLIC EMPLOYEE APPOINTMENT
(Section 54957 (b)(1) of the California Government Code)
Position: City Attorney
City Council Minutes of October 25, 2016
Page 2 of 8
6. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representative: Jason Motsick
Position: City Attorney
The Mayor reconvened the City Council meeting at 5:06 P.M
Mayor Tait opened the meeting requesting a moment of silence to honor Chief Petty Officer
Jason Finan, the first American killed in the military offensive to reclaim the Iraqi city of Mosul
from the Islamic State, and Anaheim's Reserve Police Officer, Ken Shelton who lost his battle to
cancer.
INVOCATION: Pastor Bill Cao, St. Anthony Claret Catholic Church
FLAG SALUTE: Mayor Pro Tem Lucille Kring
PRESENTATION: Recognizing Pastor Oonna Cassanova, Children's Ministries,
Anaheim First Church of the Nazarene
Police Chief Raul Quezada introduced Jemma Smith, a representative of the Neighborhood
Advisory Committee, and shared that Pastor Oonna Cassanova was recommended by this
Committee for her excellent work in serving the children of the community.
Acceptance of Other Recognitions (To be presented at a later date):
Proclaiming November 2016, as American Diabetes Month
Proclaiming November 2016, as Native American Indian Heritage Month
Proclaiming November 2016, as Orange County Grand Jury Awareness
Month
Proclaiming November 2016, as Pancreatic Cancer Awareness Month
Proclaiming November 2016, as Purple Heart Month
Proclaiming November 1, 2016, as Extra Mile Day
Danny Watkins accepted the Proclamation on behalf of Orange County Military Order of the
Purple Heart, and all servicemen who gave their lives to serve our Country, including his 34
shipmates. He extended an invitation to those interested in becoming members to attend the
meeting of the Order of the Purple Heart on the 4th Saturday of the month at 11:00 A.M. in the
Legion Hall on Beach Boulevard in Midway City. Mayor Tait thanked him for his service to the
country and shared that Anaheim was named a Purple Heart City last year.
Mayor Tait called to order the Anaheim Housing Authority at 5:21 P.M. (in joint session with the
City Council).
ADDITIONS/DELETIONS TO THE AGENDA: None.
PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, a brief decorum
statement was provided by City Clerk Linda Andal.
City Council Minutes of October 25, 2016
Page 3 of 8
R. Joshua Collins, Homeless Advocates for Christ, read a scripture and claimed that certain laws
were criminalizing the homeless and Code Enforcement continued to take away unattended
property of homeless individuals depriving them of their basic needs.
Jim Elmore, Senior Pastor of Trinity Lutheran Church, requested a waiver of fees to relocate the
church's solar panels explaining that the panels were emitting blinding light into the backyards
and upper rooms of neighboring homes. He shared the cost to the church would be $11,000 to
$12,000 and other incidentals like roof repairs, but this had to be taken care to remove the
inconvenience to their neighbors
Mayor Tait commended Mr. Elmore for being a good neighbor and requested Public
Utilities General Manager, Dukku Lee to work with him in hopes of finding a solution.
Jeanine Robbins voiced her opinion on campaign flyers supporting the re-election of Mayor Pro
Tem Lucille Kring.
Mayor Pro Tem Kring offered clarification on issues raised by Jeanine Robbins on short
term rentals (STR) and the election promotional flyers.
Mr. Robbins shared information that he read on a study conducted in London on `Functions of the
Amygdala'.
John Dunton spoke in favor of cameras in the parks.
William Fitzgerald made personal allegations against council members and offered his views on
the rainbow flag.
Mayor Tait reminded the public the microphone was privileged and he could not limit free
speech and apologized that people had to listen to uncivil comments directed towards
Council Members. Council Member Brandman thanked the Mayor for his defense and
apology.
Lori Giroux, spoke on Item No. 11 — Permit Parking on Cherry Way. She shared the
inconvenience residents experienced every day and asked Council to vote in favor of permit
parking on this street.
Cecil Jordan Corkern read several passages from the scripture and expressed his opinion on the
need to burn all films that corrupt the minds of children.
Deb Hetherington requested Council's help to solve the dilemma her neighbors faced because of
rowdy and unsafe behavior of the homeless in her neighborhood.
Mark Daniels expressed his thoughts on contribution limits for elections and was happy that
districting was finally on the current ballot.
Bobby Donelson addressed STRs and offered comments on Mayor Pro Tem Lucille Kring's vote
on STIR ban.
Mayor Pro Tem Lucille Kring clarified that she voted to ban STRs.
Sixto Castellanos requested Council implement permit parking in the Lombard Cherry
neighborhood and shared the experience he and his family are faced with on a daily basis.
City Council Minutes of October 25, 2016
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Lou Noble read from scriptures and urged Council to allot vacant city property to open safe zones
for the homeless and not wait until the homeless shelter was ready.
Cynthia Ward offered regrets to Council Member Brandman for being subjected to allegations
made by William Fitzgerald. She also expressed her dissatisfaction to the time limit provided to
speakers to address multiple issues on the agenda.
Victoria Michaels reprimanded the comments of William Fitzgerald and expressed her opinion
that Council voted on parking permits without a detailed study.
Pam Donelson commented on the vote relating to STRs.
Nancy West, advocate of Domestic Violence Awareness, offered loop pins to Council to honor
Domestic Violence Awareness month. She also spoke on Officer Involved Domestic Violence
(OIDV) and shared literature on victims of OIDV.
`The Camera Man' addressed illegal marijuana dispensaries operating in Anaheim and expressed
his opinion on enforcement.
Greg Diamond spoke about the election and his opinion that it was about people versus money.
With no further comments from the public, Mayor Tait closed the public comment portion of the
meeting.
COUNCIL COMMUNICATIONS: None
CITY MANAGER'S UPDATE:
City Manager, Paul Emery, informed Council that a report on the Kraemer facility would be
presented to Council at the November 1, 2016 meeting.
At 6:22 P.M., Mayor Tait recessed the City Council to consider the Anaheim Housing Authority
agenda, reconvening the City Council at 6:28 P.M.
CONSENT CALENDAR:
At 6:28 P.M., the consent calendar was considered. Mayor Pro Tem Lucille Kring pulled Item no.
4 and Council Member Vanderbilt pulled Item No. 12 for further discussion.
MOTION: Council Member Brandman moved to waive reading in full of all ordinances and
resolutions and to adopt the balance of the consent calendar as presented, in accordance with
reports, certifications and recommendations furnished to each city council member and as listed
on the consent calendar, seconded by Council Member Murray. ROLL CALL VOTE: AYES: 5
(Mayor Tait, Mayor Pro Tem Kring, Council Members: Murray, Brandman and Vanderbilt)
NOES: 0
D114 2. Approve minutes of the City Council meeting of July 26, 2016.
B105 3. Receive and file minutes of the Library Board meetings of August 8, 2016 and September
12, 2016, Public Utilities Board meeting of August 24, 2016 and September 20, 2016
correspondence from Library Board regarding library conditions.
City Council Minutes of October 25, 2016
Page 5 of 8
D116 5. Approve recognitions to be presented at a later date proclaiming November 7-18, 2016,
as City of Anaheim Annual Giving Campaign and recognizing the 2016 Anaheim Beautiful
Holiday Lights contest winners.
D117 6. Approve the Investment Portfolio Report for September 2016.
7. Award the contract to the lowest responsible bidder, Vasilj, Inc., in the amount of
AGR- $2,230,285, for the Citywide Sanitary Sewer Improvement Program/Projects and
10345 authorize the Finance Director to execute the Escrow Agreement and determine the
project is categorically exempt under the California Environmental Quality Act (Cerritos
Avenue from Euclid Street into the alley east of 9th Street).
8. Award the contract to the lowest responsible bidder, Miramontes Construction Co., Inc., in
AGR- the amount of $1,299,905.50, for the 2016 Alley Sanitary Sewer Improvement
10346 Program/Project and authorize the Finance Director to execute the Escrow Agreement
and determine the project is categorically exempt under the California Environmental
Quality Act (alleys east of Claudina Street, Emily Street, and Philadelphia Street from
South Street to Water Street).
9. Approve and authorize the City Manager to execute the First Amendment to Workforce
AGR- Innovation and Opportunity Act Agreement with KML Enterprises Career Development,
9244.1; LLC and Career Development Solutions, LLC increasing the maximum subgrant amount
AGR- from $250,000 to $350,000; and the First Amendment to CalWORKS Agreement with E.
7162.13.1 Cubics, LLC dba QBICS Career College increasing the maximum subgrant amount from
$250,000 to $400,000, for anticipated additional vocational skills training enrollments
through June 30, 2017 and authorize the Workforce Development Manager to administer
the amendments.
AGR- 10. Approve the Pavement Impact Mitigation Agreement with Walt Disney Parks and Resorts
10347 U.S., Inc., in the estimated amount of $110,732.92, that provides for compensation to the
City for accelerated wear on streets effected by Disney's Frontierland Expansion heavy
truck traffic.
11. RESOLUTION NO. 2016-210 A RESOLUTION OF THE CITY COUNCIL OF THE
D175 CITY OF ANAHEIM designating Cherry Way from 1233 Glen Drive/1146 Cherry Way to
Romneya Drive as "Permit Parking Only" street within Permit -Eligible Parking District No.
53 ("Lombard Cherry").
13. ORDINANCE NO. 6383 (ADOPTION) AN ORDINANCE OF THE CITY OF
C280 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2016-00290; DEV2016-00012) (719 North
East Street; rezoning the property from "RM -3" Multiple -Family Residential zone to "RS -2"
Single -Family Residential zone) (Introduced at Council meeting of October 18, 2016, Item
No. 29).
C280 14. ORDINANCE NO. 6384 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
City Council Minutes of October 25, 2016
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Code relating to zoning (Reclassification No. 2016-00295; DEV2016-00048) (807 and
807 Y2 Dale Avenue; rezoning the property from "T" Transition zone to "RS -2" Single -
Family Residential zone) (Introduced at Council meeting of October 18, 2016, Item No.
30).
C280 15. ORDINANCE NO. 6385 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2016-00298; DEV2016-00054) (123 North
Rio Vista Street; rezoning the property from "T" Transition zone to "RS -2" Single -Family
Residential zone) (Introduced at Council meeting of October 18, 2016, Item No. 31).
C280 16. ORDINANCE NO. 6386 (ADOPTION) AN ORDINANCE OF THE CITY OF
AGR- ANAHEIM amending certain sections of Chapter 18.20 (Platinum Triangle Mixed Use
10349 (PTMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code (Zoning Code
Amendment No. 2015-00128; DEV2015-00024) (Introduced at Council meeting of
October 18, 2016, Item No. 37).
ORDINANCE NO. 6387 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM approving that certain Development Agreement No. 2015-00001 by and
between the City of Anaheim and LTG Platinum LLC and authorizing the Mayor to
execute said agreement for and on behalf of the City (DEV2015-00024) (Introduced at
Council meeting of October 18, 2016, Item No. 37).
17. ORDINANCE NO. 6388 (ADOPTION) AN ORDINANCE OF THE CITY OF
F130.2 ANAHEIM granting a non-exclusive franchise to Yellow Cab Company of Northern Orange
County, Inc. dba Yellow Cab of Greater Orange County, for the purpose of operating
taxicab service in the City of Anaheim; and stating the term and conditions upon which
said franchise is granted (180 taxicab permits) (Introduced at Council meeting of October
18, 2016, Item No. 38).
ORDINANCE NO. 6389 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM granting a non-exclusive franchise to Cabco, Inc. dba California Yellow Cab,
for the purpose of operating taxicab service in the City of Anaheim; and stating the term
and conditions upon which said franchise is granted (75 taxicab permits) (Introduced at
Council meeting of October 18, 2016, Item No. 38).
END OF CONSENT CALENDAR
D182 4. Receive and file general information including actions by other municipalities related to
imposing taxes or fees on video streaming services.
Dukku Lee, Public Utilities General Manager, presented a report on taxes/fees on streaming
video services such as Hulu or Netflix. He advised staff strongly recommended against such
taxes and reported some cities and States viewed tax on video streaming services as a way to
compensate for the loss of sales tax revenue due to reduced sale of music compact disc or
DVDs. He further reported Chicago, San Bernardino, Glendale and the State of Pennsylvania
have posted a tax on streaming services and added that Chicago is being challenged under the
City Council Minutes of October 25, 2016
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Federal Internet Tax Freedom Act on the legality of levying a 9% tax on this service. He
mentioned some local jurisdictions such as Pasadena were currently reviewing their utility user's
tax and a need for a vote of their constituents.
Mayor Pro Tem Kring thanked Mr. Lee and stated she placed this item on the agenda so that the
public would know this was happening elsewhere but that she was opposed to any such taxing.
MOTION: Mayor Pro Tem Kring then moved to receive and file Item No.4 seconded by Council
Member Brandman. VOTE: 5-0. Motion carried.
13130 12. RESOLUTION NO. 2016-211 A RESOLUTION OF THE CITY COUNCIL OF THE
AGR- CITY OF ANAHEIM (1) approving a Bond Proceeds Expenditure Agreement between the
10348 City of Anaheim and the Successor Agency to the Anaheim Redevelopment Agency
providing for the transfer of excess bond proceeds by the Successor Agency to the City
for bond -eligible purposes, (2) accepting such funds from the Successor Agency, and (3)
making certain findings in connection therewith (Proceeds of the Anaheim Redevelopment
Agency 2010 Tax Allocation Bonds (Taxable Recovery Zone Economic Development
Bonds), in the amount of approximately $3.4 million, for the implementation of capital
improvement projects in CenterCity).
Increase the Community & Economic Development Department's fiscal year 2016/17 City
budget accordingly, which will be offset by a decrease in the Successor Agency's budget.
Mr. Woodhead informed Council that the Redevelopment Dissolution Act allowed a successor
agency that has received a finding of completion to use bond proceeds from bonds issued prior to
2011 for the purposes for which the bonds were sold, provided that such proceeds in excess of
amounts satisfied approved enforceable obligations and shall be expended in a manner
consistent with the original bond covenants, and further provided that such expenditures
constitute "excess bond proceeds obligations."
He advised the Anaheim Successor Agency received its Finding of Completion and has proceeds
from its Anaheim Redevelopment Agency 2010 Tax Allocation Bonds in the amount of
approximately $3.4 million. The State Department of Finance has requested, and the Oversight
Board has directed, that the Anaheim Successor Agency transfer its excess bond proceeds to the
City for redevelopment purposes and in a manner consistent with the original bond covenants.
Approval of the resolution will provide for the implementation of capital improvement projects in
downtown including acquisition and/or construction of public buildings, facilities, structures, or
other improvements, such as the Santa Ana Street improvements that was just commenced. He
continued, debt service for these Recovery Zone Bonds would continue to be serviced by the
Successor Agency, using the Redevelopment Property Tax Increment Fund (RPTIF).
Council Member Vanderbilt inquired whether the State authorized use of the bonds and if the
bonds could be used for projects in downtown. He further inquired whether bonds were to be paid
back from incremental taxes from pre-existing development or future developments. Mr.
Woodhead explained that the City would continue to receive money from the Redevelopment
Property Tax Fund, which is the property tax that would have gone to Redevelopment had it not
been dissolved. He explained the County Assessor held the money to satisfy the former Agency's
obligation towards repayment of bonded indebtedness. He reported the city received direction
from the State to transfer these funds to the city to enable the city to comply with the bond
covenants. He explained a portion of the money would go into the coffers, but the city was under
an obligation to spend the proceeds.
City Council Minutes of October 25, 2016
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MOTION: Council Member Brandman moved to approve RESOLUTION NO. 2016-211 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, (1) approving a Bond
Proceeds Expenditure Agreement between the City of Anaheim and the Successor Agency to the
Anaheim Redevelopment Agency providing for the transfer of excess bond proceeds by the
Successor Agency to the City for bond -eligible purposes, (2) accepting such funds from the
Successor Agency, and (3) making certain findings in connection therewith (Proceeds of the
Anaheim Redevelopment Agency 2010 Tax Allocation Bonds (Taxable Recovery Zone Economic
Development Bonds), in the amount of approximately $3.4 million, for the implementation of
capital improvement projects in CenterCity), seconded by Mayor Pro Tem Kring.
ROLL CALL VOTE: AYES — 5 (Mayor Tait and Council Members: Kring, Murray, Brandman and
Vanderbilt.) NOES — 0. Motion carried.
CITY ATTORNEY'S REPORT:
The City Attorney reported the City Council held a performance evaluation of the City Clerk
and rated her performance as a distinguished contributor, granting a 3% merit under the city's
matrix. VOTE: 5-0.
COUNCIL COMMUNICATIONS:
Mayor Pro Tem Kring spoke of her attendance at the re -opening of the Euclid and Sunkist
Libraries and announced the Annual Fall Festival on October 29 and the Veteran's Day
celebration on November 11.
Council Member Vanderbilt spoke of his attendance at the City's tree planting project at Twila
Reid Park and his attendance at the Islamic Institute of Orange County Open House.
Council Member Murray expressed her condolences to the family of Anaheim Reserve Officer
Ken Shelton and Navy Chief Petty Officer Jason Finan. She announced the Early Vote Center at
City Hall and encouraged all to come out and vote. She also announced the Annual Fall Festival
and Parade to be held on October 29.
Council Member Brandman stated he will see everyone at the Annual Fall Festival and Parade.
Mayor Tait spoke of his attendance at the re -opening of the Euclid and Sunkist Libraries and
expressed his condolences to the families of Anaheim Police Reserve Ken Shelton and Navy
Chief Petty Officer Jason Finan.
ADJOURNMENT: At 6:48 P.M., with no further business before the City Council and without
objection, Mayor Tait adjourned in memory of Navy Chief Petty Officer Jason Finan and Anaheim
Police Reserve Ken Shelton.
spec ully submitted,
Linda N. Andal, CMC
City Clerk