2009/06/23ANAHEIM CITY COUNCIL
REGULAR ADJOURNED MEETING OF JUNE 19, 2009
AND THE REGULAR MEETING OF JUNE 23, 2009
Mayor Curt Pringle called the regular adjourned meeting of June 19, 2009 to order at 2:13
P.M. on June 23, 2009 in the Chambers of Anaheim Ci#y Hall located at 200 South Anaheim
Boulevard. A copy of the agenda was posted on June 19, 2009 on the kiosk outside City
Hall.
PRESENT: Mayor Curt Pringle and Council Members: Lon-i Galloway, Bob Hemandez,
Lucille Kring and Harry Sidhu.
STAFF PRESENT: City Manager Dave Morgan, City Attorney Cristina Talley, and City Clerk
Linda Andal.
FISCAL YEAR 2009/2010 BUDGET WORKSHOP
This budget hearing was continued from the June 9, 2009 City Council meeting.
FIRE DEPARTMENT
Fire Chief Roger Smith presented the 2009/2010 budget which totaled $60.1 million and
contained 289 full-time employees. Efficiencies and economies for the coming year included
holding one position vacant, improvements in invoice and payment tracking of federal aid
and seeking additional funding sources through grants, which if awarded, would replace
several of the oldest fire engines and expand the apparatus bay near the new Kaiser
Hospital campus. Short term strategies included elimination of training hours, downsizing the
fire engine and emergency vehicle fleet which would result in reduced overtime, and reduced
discretionary spending. To minimize impacts from those strategies, Chief Smith indicated
the department would monitor response times and station coverage, with some aspects of
statewide mutual aid response to be controlled.
This fiscal year saw the freeway complex fire producing significant property damage in
Anaheim and the department remained in daily contact with health officials related to the
H1 N1 swine flue pandemic. He noted succession planning would continue to be a priority in
anticipation of retirement of senior and field staff, as well as working closely with volunteers
in the community preparedness program to manage disaster impacts, and to plan for
construction of fire stations in the Platinum Triangle.
Council Member Galloway asked if removal of a fire engine affected coverage in the City.
Chief Smith responded the unit was equal. to three emergency calls per day and impacts
were being absorbed by other units. He added field commanders monitor flexibility in
handling calls and each day the engine was out of service, practical savings resulted,
however, personnel had not been eliminated and should the unit be necessary, it could be
staffed at any time. Council Member Hemandez asked how other agencies were handling
budget reductions with Chief Smith responding that partners in the County were handling
budget reductions ranging from elimination of discretionary expenses to elimination of staff
positions.
City Council Minutes of June 23, 2009
Page 2 of 22
PUBLIC WORKS. (OPERATING ACID CAPITAL)
Director Natalie Meeks, reported the Public Works budget of approximately $139 million
contained six divisions, 252 full-time employees, and 17 full-time equivalent part-time
employees. She indicated 11 full-time positions would remain vacant in the coming year as a
cost-saving measure. Other economies and efficiencies noted were the continued
replacement of gas powered vehicles with alternative fuel vehicles, a citywide anti-idling
policy to reduce overall fuel emissions and expenses, continued use of energy efficient
equipment and materials when upgrading City facilities or buildings, new project tracking
software to avoid conflicts and duplication of efforts between departments, implementation of
a paperiess plan review procedure and installation of artificial turf for orphan parkways. She
noted since 2007, 17,000 square feet of turf had been installed which eliminated the need for
irrigation and maintenance.
She highlighted this year's accomplishments: acitywide sanitary sewer improvement project
totaling $6.2 million was completed using revenue bonds issued in 2007, completion of traffic
improvements, medians and landscaping of the intersection of Lemon/La Palma and
Imperial/La Palma, the Imperial Highway/Orange Grove grade separation project currently
under construction and repair of the slope in Deer Canyon which failed in the 2005 storm.
She added. the department also continued an aggressive arterial street pavement
rehabilitation program completing eight locations for a total of $5.2 million this year and in
partnership with other City departments, Public Works also managed the expansion of
Maxwell Park and construction of the Energy Field and Anaheim Substation, as well as
several undergrounding projects.
She pointed out various studies were underway, one for the Anaheim Fixed Guideway
project, the Canyon Metrolink station improvements study, and'the Mixed Flow Bus Shuttle
Concepts feasibility study. She pointed out the most significant achievement of the year was
securing the funding for the ARTIC project; $178 million provided by OCTA for the
design/construction of that facility. She added the transportation center would. also be the
centerpiece for the future build-out of 15 acres for high speed rail and possibly aCal/Nevada
line.
Major projects for the upcoming year included completing the intelligent transportation
systems master plan primarily funded through federal monies and construction on the Gene
Autry Way I-5 HOV project with a new six lane bridge over the southbound I-5/Manchester
Avenue to provide access from the Platinum Triangle and extension of the HOV lane to
Haster Street and the Resort area. Construction on the final phase of Katella Smart Street
project was also scheduled for the coming year, seven new projects totaling $16.5 million
would be implemented as part of the continuing Citywide Sanitary Sewer project, and East
Street under the 91 freeway would be widened to reduce traffic congestion and improve
pedestrian safety.
Council Member Hernandez requested an update on the rubberized asphalt technology and
whether the City would consider utilizing it. Ms. Meeks responded the department was
looking at a pilot project to monitor the product and see how it wears especially with Utility
Department cuts into the roadway. In answer to Mayor Pringle's question on green asphalt
products, Ms. Meeks indicated staff had seen a demonstration of on-site recycling in
Riverside where asphalt was ground up and immediately repaved on the street. She added
the department looked at and reviewed new technologies for appropriateness as they
became available. Council Member Galloway requested and received clarification on a
number of budget line items.
City Council Minutes of June 23, 2009
Page 3 of 22
Mayor Pringle asked how the budget addressed the potential taking of gastax funds by the
State, other than taking legal action identified in Item No. 31. Bill Sweeney, Finance Director,
responded if that occurred, he would return to Council with recommendations for impacts
associated with a $5.5 million loss in gas tax. He added at that point full-time positions would
most likely be eliminated. Mayor Pringle remarked if the State chose that path, municipalities
would sue and if the litigation failed, there was the potential for cities to lose this revenue
stream forever.
COMMUNITY SERVICES (OPERATING AND CAPITAL)
Teny Lowe, Community Services Director, reported his budget of $52 million contained 180
full-time positions for four divisions: Parks, Neighborhood 8~ Recreation Services, Golf and
Library Services. The capital improvements plan would continue at a slower pace including
the first park to be completed in the Platinum Triangle, the expansion of Maxwell Park into
the Edison easement and the continued renovation of Central Library. Lighting, park
restroom replacement and play area renovation would continue as well as reinvestment in
City's golf operation with further improvements to both courses.
The department had also initiated construction on several important projects,. the most
notable being the joint development of a school/city library at the new Ponderosa Elementary
school which would bring enhanced library services to south Anaheim. He pointed out the
libraries had been overwhelmed by the number of teens using the libraries for access to
services and as a safe haven after school, further stating that library and education programs
would continue to be a vital link to residents. The design phase for enhancement of Anaheim
Tennis Center and Glover Stadium, as well as two new parks in Central Anaheim and the
restoration of wetlands destroyed by Freeway complex fire were also in the works.
Additionally, Mr. Lowe remarked the next fiscal year would address development of Heritage
and Bums Parks
In order to assist in the balancing of the City budget, Mr. Lowe indicated a number of
strategies were used to reduce expenditures, identify new revenue sources and increase
efficiency. The most significant step, he explained, was the proposed outsourcing of park
turf maintenance which would reduce operating costs through staff attrition while maintaining
service levels. A number of positions would also remain vacant or had been eliminated and
the Anaheim Community Foundation agreed to fund the Pearson Park Amphitheatre to allow
it to continue this summer. Rather than discontinuing services, staff recommended transition
plans for several city programs and facilities that significantly reduced costs but still provided
some level of service. The Oak Canyon Nature Center would continue to be available for
passive use with security and maintenance levels maintained. The youth sports programs
could be offset by increased fees and volunteer coaches and two local non-profits would help
maintain service levels to the downtown youth center and the aquatics program. The only
remaining recreation program not completely offset by fees was the summer weekend public
swimming program. No fees were currently charged for this program and based on
experience, Mr. Lowe emphasized it would be difficult for the pool's clientele to pay for such
services. Mayor Pringle indicated he would like to see if sponsorships could pay for the use
of the public swimming pool rather than establish fees.
Mayor Pringle remarked a number of parents had expressed concern with a proposal to
move some of the youth sports program from paid coaches to unpaid volunteer coaches,
asking Mr. Lowe, how much would have been saved. Mr. Lowe responded it would have
saved about $100,000, however, increasing the $35/participant fee to $82 would provide for
full cost recovery. After some discussion, Mr. Lowe indicated the first youth sport program,
City Council Minutes of June 23, 2009
Page 4 of 22
baseball, would be at the $35 per enrollee cost, and subsequent programs would have the
fee increased to $82 per enrollee. Mayor Pringle asked for a statistical report on how that
program fared.
Council Member Kring asked for clarification on the Nature Center. Mr. Lowe remarked the
Center-would be open for hiking and the fee-based programs which paid for themselves
would continue. The only change was to the Interpretive Center which had been open seven
days a week and would now only be opened on Saturdays, the busiest day. He added park
ranger services to the area would increase and volunteers would be sought to assist in
keeping the Interpretive Center open more than one day a week.
After some discussion on the printing of the recreation brochure, Mayor Pringle
recommended other methods of promoting recreation programs rather than printing and
mailing brochures four times a year. He asked such be researched and offered several
options including availability of intemet sign-ups at libraries and other city facilities for those
residents with no home intemet access.
Council Member Galloway asked for clamcation on the use of part-time employees with Mr.
Lowe responding the department used about 600 part-time employees as the nature of
recreation programs was seasonal. He added part-time employees were the backbone of
the department, and eliminated the need for benefits and overtime.
Council. Member Hernandez asked what the future held for synthetic turf. Mr. Lowe
responded synthetic turf was being planned for Glover Stadium as it sign~cantly decreased
water and maintenance and more importantly, allowed use of the facility more often. He
indicated this would be a great test of its application and could conceivably be used for any
playing fields.
At 3:47 P.M., Mayor Pringle ended the adjourned regular meeting of June 19, 2009 and
called to order the regular meeting of June 23, 2009.
COMMUNITY DEVELOPMENT (OPERATING AND CAPITAL)
Elisa Stipkovich, Executive Director, reported the Community Development Department
contained four divisions (Workforce, Housing, CDBG and Redevelopment) and shared a
budget of $146.8 million in revenues and expenditures, a 14.3 percent decrease from the
current year. She indicated recession impacts, specifically in redevelopment and the sale of
land proceeds, netted $4.1 million in revenues rather than the anticipated $22 million
reflecting less property being sold and declining values. A decrease in property tax revenue
was also projected at four percent. Of the $42.8 million in property tax, $12.8 million was for
the 30 percent housing set-aside, $10.8. million was to cover bonded indebtedness, $5
million served as pass-through's and $5 million was earmarked for a loan in the stadium
project area. The remaining $8.5 million would be used for various contracts and capital
improvements. She noted in 08/09 there was the potential for an ERAF payment with the
State passing that legislation, however due to a successful lawsuit by California
Redevelopment Agency, that payment (which was in the 08/09 budget) was not made. She
pointed out the State had a new proposal for the coming fiscal year to take three years of a
like amount which would be about $10 million to the Anaheim Redevelopment Agency,
pointing out there was a resolution on tonight's agenda opposing that taking and initiating
litigation, if needed. She added if there were any impacts to this budget resulting from the
State's takings, it would be necessary to return to Council with recommendations.
City Council Minutes of June 23, 2009
Page 5 of 22
Ms. Stipkovich announced capital improvements scheduled for next year included Colony
Park street improvements, utility undergrounding projects, a quiet zone for Canyon Business.
area, partial assist with funding for the Kaiser Pedestrian undercrossing and assisting in the
design for the second platform for the Metrolink Station. She outlined capital projects
completed in 08/09, reporting some of the new businesses and improvements helped to
create a sense of place and cultural hub for the downtown area and the Muzeo, along with
the new Mito fountain, art gallery, epicurean culinary school and the new public art
installation at Harbor Lofts had begun to change the street scene along Center Street
Promenade. In the heart of the historic district, anew neighborhood was being created
called Colony Park, consisting of 900 units, and .the Brookfield project was going forward
building 176 of the 270 units agreed to in Phase 1. She indicated staff was negotiating an
additional 184 units and also a 12 acre apartment that would accommodate over 400 units.
The new city park, Colony Park, would be a one-acre park with a water element simulating
the original colony district irrigation system with citrus groves arbors and other unique
features. Another project in the Colony district was the historic neighborhood at Lemon and
Water Streets in which seven homes had been restored, another 11 structures had been
moved to the site and were currently being restored for sale to owner/occupants. The
Westgate retail project would begin next year, and capping and venting of the 25 acre landfill
was underway. She noted the developer was finalizing a lease with Lowe's and a grocery
store and public outreach would begin for input on the design of the shopping center, public
spaces and art elements that would be a part of the project, which was anticipated to employ
600 when completed. She noted Kaiser had begun their $560 million campus which would
connect to the Metrolink station and the Crossing, a new project of 312. residential units was
planned adjacent to the Metrolink station.
Affordable housing, she remarked continued to be a major goal in the department and the
Council's approved plan in 2005 which set a goal of 1,338 multi-family rental units had been
exceeded, now at 1,513 units. Currently there were five projects that had submitted
applications for state tax credits and in the- 09/10 fiscal year, three Requests for Proposals
would be issued for housing sites. She indicated in August, 2009, the annual affordable
housing update would be presented to Council requesting further direction.
Discussing the $11.5 million anticipated stimulus funds to be received over the next two fiscal
years, Ms. Stipkovich indicated they included homeless prevention funds, neighborhood
stabilization funds, and additional job training funds. For the coming fiscal year, due to the
economy and loss of jobs, the City was requesting and increase of $2.3 million in Section 8
funds since the 6200 households utilizing Section 8 assistance required larger amounts to
cover their rent than had been budgeted. She added if additional funds were not received,
the department would revisit how many households would be assisted. One of the positive
aspects from decreases in home prices, she pointed out, was that housing became more
affordable to low/moderate income households and in these cases, the department had been
successful in maximizing new opportunities for down payment assistance from federal and
state as well as local funds, and helped 59 households become homeowners. Another area
she pointed out that had increased in levels of service was job training, due to over 1,800
people losing jobs in Anaheim.
PLANNING
Sheri Vander Dussen, Planning. Director, reported the department's budget for 09/10
(consisting of Planning, Building Services and Community Preservation & Licensing
divisions) was slightly over $16 million, five percent less than 08/09 amended budget. By the
City Council Minutes of June 23, 2009
Page 6 of 22
end of this fiscal year, she anticipated a $1.5 M revenue deficit to be offset by reducing
expenditures by $1.6 million. To affect expenditure decreases, the number of positions in the
Building Services and Planning Services Divisions had been reduced to lower expenses by
holding positions vacant and transferring staff to other departments. She emphasized the
Department would continue to focus on the delivery of core services and improving systems
and processes to enhance efficiency and respond to customers' needs.
Other changes in place was the transfer of three programs: FAT, Oil- and Grease Control
Program (FOG); the Industrial/Commercial NPDES (National Pollution Discharge Elimination
System) and the Illegal Discharge/Illicit Connection Program from Public Works to the
Planning Department. She explained these programs involved inspections on private
property and would be handled by the Building Services division.
She indicated customers were now able to pay fees online for many routine services and In
addition, Planning Commission agendas and staff reports were accessible on the City's web
page as well as a citywide development update. Responding to the JD Power's survey, the
department now had a dedicated receptionist at the counter to greet customers, explain the
processes, ensure the right paperwork was used and direct them to proper staff. She noted
repeat customers familiar with the system had the option of using a queuing kiosk to avoid
having to wait for the receptionist if there was a line. Express windows now allowed
customers submitting applications which could be approved over the counter to have plans
evaluated by both divisions at the same time and to obtain permits and business licenses at
the same location. This method allowed customers to be handled at one counter rather than
two or more and because of its success in reducing customer time, the plan review process
would be handled in this manner as well. She indicated the department would continue to
simplify procedures and reduce time and money required to obtain City approvals.
While not many new major development applications were expected for the 09/10 year, Ms.
Vander Dussen reported Disney Corporation continued to move ahead with Resort
improvements, and completion of the environmental planning and zoning for the Platinum
Triangle expansion and the Anaheim Resort and Convention Center Expansion would take
place. She noted if Anaheim was successful in receiving designation, implementation of
Anaheim Enterprise Zone would be the top priority of the economic development program
this year to ensure there was no delay in Anaheim businesses and job seekers receiving the
benefits of the zone.
CITY TREASURER
Henry Stem, City Treasurer reported his proposed budget was $2.9 million, with 12 full-time
employees and 25 full-time equivalent part-time employees. One of the sign cant
achievements in his department was to acquire a AAAf rating on Anaheim's investment
portfolio, only one of four cities in the nation to receive that rating. He stated the Department
continued to provide safety and liquidity of funds making it available at all times and had
earned $12.1 million year to date in May, which included investment gains of $278,000.
He noted as part of reorganization, the Deferred Compensation contribution would be
handled in Human Resources with the collection and cashiering function to be under the
Treasurer's Office. Future projects included looking at credit quality issues when making
investments and in addition, Wells Fargo would be performing a complete review of
practices, re-collection activity to enhance customer service and increase productivity. Mr.
Stem added that changing the way the Treasury Department was funded resulted in securing
an annual savings of over $420,000 in general fund monies.
City Council Minutes of June 23, 2009
Page 7 of 22
Mayor Pringle inquired whether employees could make changes to their deferred
compensation program on the intemet with Mr. Stem responding employees could change,
review, and modify plans via the intemet. Council Member Sidhu asked when the
Department planned on advertising for bids for banking business and Mr. Stem indicated he
had recently extended the existing Wells Fargo contract.
HUMAN RESOURCES
Kristine Ridge, Human Resources Director, reported the HR budget reflected $5.2 million,
with 27 full-time employees and 2.25 full-time equivalent part-time staff. She noted a change
had been incorporated into this budget for the transfer of deferred compensation, and in
addition reflected a reduction from the current year of about 5 percent due to a number of
cost saving measures and achieved efficiencies. Specifically, the department reduced its
own costs as well as taking steps to reduce citywide costs by continuing to hold three full-
time positions vacant, reduce discretionary spending wherever possible, cross-train
departmental employees for flexible staffing where needed and delay the purchase of a new
applicant tracking system. For benefit savings this year, she noted the department
consolidated three dental HMO providers into one, .saving about $300,000 citywide,
incorporated mental health care with the current medical provider, saving another $250,000,
requested and received premium reductions of 10 percent for the life insurance program and
also facilitated the citywide retirement transition program that reduced personnel costs
throughout the city. In addition, the department streamlined some intensive processes,
including using a passive open enrollment process for medial/dental, allowing on-line
applications for promotional opportunities and reducing the number of existing job
classifications as well as revamping the computer loan program.
She highlighted the various accomplishments and achievements for the current year and
pointed out the programs and services for the coming year, including approval of all full-time
bargaining groups in the next fiscal year.
CONVENTION, SPORTS AND ENTERTAINMENT
Tom Morton, Executive Director, presented his budget to Council reporting the lion's share of
funds reflected the Convention Center operations, Angel Stadium, Honda Center and the
Visitors 8~ Convention Bureau. The Grove, he pointed out was included in the Convention
Center data.
Mr. Morton indicated no citywide conventions had been lost, however there had been
cancellations on the corporate end and ancillary revenues had been impacted due to less
attendance. The relationship with AIG ended and their contract term had not been renewed
due to poor attendance at Arsenal basketball games, and the high cost of reduction for
available seats in the arenas. In addition to staffing level reductions, some of the capital
projects would not go forvvard at this time to conserve funds. Larger events such as NAMM
had extended contracts and similar agreements were pending with Medical Design and
Natural Products. The Disney produced consumer event will host D3, and Blizzcom was
increasing space usage by 100 percent which would increase attendance by the same
amount.
With regard to the Convention Center expansion, staff continued to work with the
development team pursing an exclusive negotiation agreement and continuing with the
environmental work for that expansion. He added the Angels continued to do well, winning
the Western Division Championship and were committed to renovating and enhancing the
City Counal Minutes of June 23, 2009
Page 8 of 22
big A, repairing and replacing the existing electronic message with HD LED board and new
lighting of the halo. The Grove had a good year and was ranked #5 in small concert venues
with a net income of $790,000 in 2008, with the City sharing in half of that amount. In
addition with profit sharing of $314,000 for the Grove parking license fee, total revenue to the
City in 2008 was $709,000. The Honda Center ranked 5"' in the nation for gross ticket
receipts and was winner of Box LA's top hot spot for Orange County concert venues. The
Ducks continued to invest back into the Honda Center with over $1 million renovation of
suites, reupholster of chairs, slurry seal of parking lots and a new ice-making machine.
Profits total $11 million for 153 events with slightly more than 1.3 million in attendance.
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
Supervisor Chris Norby congratulated City Manager Dave Morgan on his retirement from the
City after 35 years of service.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL-
EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Priceline.com Inc., et al. v. City of Anaheim et al., Orange County
Superior Court, Case No. 30-2009 00244120 and related cases.
2. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Anaheim Redevelopment Agency v. Tesoro Refining and Marketing
Company, et al. Orange County Superior Court, Case No. 30-2008-00104602
3. PUBLIC EMPLOYEE APPOINTMENT
Title: City Manager
Invocation: Todd Ament, Anaheim Chamber of Commerce
Flan Salute: Council Member Lorri Galloway
At 6:11 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency (in joint
session with the Anaheim City Council).
ADDITIONS/DELETIONS TO THE AGENDAS: Staff removed Item No. 14 from the agenda
and clarified the resolution title in Item No. 31.
PUBLIC COMMENTS (all items except public hearings):
Irene Lasorda, OCCO, following up on the delivery of 1,600 signatures for renewal of the
Affordable Housing Strategic Plan. (AHSP), invited Council to a forum on July 19"' to hear
issues and expectations regarding extension of the AHSP. Mayor Pringle remarked a
workshop to discuss and deliberate issues relative to the affordable housing plan would be
calendared in August.
City Council Minutes of June 23, 2009
Page 9 of 22
Vic Real, West Anaheim District, spoke in support of Item No. 8 remarking the Crescent
street improvement would address children's safety issue while beautifying the area.
Angela Johno, resident, urged Council to provide funding for in-home care service,
explaining how lack of funding would impact her situation.
Karen Haaman, a resident, asked how the budget decision would affect the Oak Canyon
Nature Center and whether it would be protected and restored for public. use when the
economy improved. At the request of Mayor Pringle, Teny Lowe explained most programs
were offset by fees for the Oak Canyon Nature Center, such as day camps. The Interpretive
Center would only be open on Saturdays, rather than seven days a week with park
supervision increased during that time. He added docent volunteers could help keep the
Interpretive Center open more than one day a week and the department would look to
partner with other nature related organizations to see if they had programs to bring to the
facility.
Dave Wilks, Disney Goals program, introduced participants of the Goals program
emphasizing their success and accomplishments and thanking staff for their help. He
supported an item on the consent calendar to enhance the program by using a small parcel
of abandoned land for soccer and tennis activities.
Aretha Brown, introduced the pastor of a small church located at 631 S. Brookhurst Street,
having zoning problems with the City. The pastor remarked a variance to allow for Sunday
parking at the church was required. at a cost of $5,000 to process stating the small
congregation of 10-15 people could not afford-the permit. Mayor Pringle requested C.J.
Amstrup, Planning. Manager, discuss this matter and follow up with a memo to Council.
Brian Beger, city employee, spoke against contracting out turf maintenance citing unrealistic
expectations that contractors would perform as well or better than City employees.
Margaret Hunter, spoke of behalf of the mowing crew, emphasizing employees had a vested
interest in keeping parks maintained while outside contractors would not have the same
appreciation.
Amold Vasquez, employee, spoke in support of retaining the turf maintenance program
versus outsourcing for the sole benefit of saving money.
Leo Gary, city employee, urged Council to vote no on contracting out for turf maintenance.
Anna Gary stated her father was an example of a diligent, loyal city worker and encouraged
Council to vote against outsourcing turf maintenance.
At 6:43 P.M., Mayor Pringle recessed the Anaheim City Council to address the
Redevelopment Agency agenda, reconvening Council session at 6:46 P.M.
CONSENT CALENDAR: Mayor Pringle reported Item No. 14 had been removed from the
agenda and requested Item No. 31 be removed for further discussion. Council Member
Hernandez removed Item No's. 12 and 16; Council Member Sidhu pulled Item No. 22 and
Council Member Galloway removed Item No. 24. Council Member Kring moved to approve
the balance of the consent calendar in accordance with the reports, cert~cations and
recommendations furnished each council member and as listed on the Consent Calendar,
City Council Minutes of June 23, 2009
Page 10 of 22
seconded by Council Member Sidhu. Roll Call Vote: Ayes - 5: Mayor Pringle and Council
Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
4. Receive and file the Budget Advisory Commission recommendation letter dated May
B105 20, 2009, Park and Recreation Commission minutes of April 22, 2009, Library Board
minutes of-May 11, 2009 and Housing and Community Development Commission
minutes of May 20, 2009.
5. Review the need for continuing the local emergency heretofore proclaimed by the
Di75 Director of Emergency Services as ratified by previous action of the City Council
concerning land movement and property damage in the vicinity of 357, 365 and 373
Ramsgate Drive and the Hidden Grove Lane/Fox Glen Drive area in the City of
Anaheim, and, by motion, determine that the need for continuing the local emergency
exists.
6. Reappoint Todd Ament, Kevin Loebbaka, Kevin Dow, Susan Stocks, Ned Daffoney,
B105 Michael Worley and Phyllis Watanabe to the Anaheim Workforce Investment Board
for a four year term, ending June 30, 2013.
7. Approve the Investment Portfolio Report for May 2009.
D117
8. Award the contract to the lowest responsible bidder, Golden State Constructors, Inc.,
5733 in the amount of $267,765.50, for Crescent Avenue street improvements from Gilbert
Street to west of Brookhurst Avenue and authorize the Finance Director to execute the
Escrow Agreement pertaining to contract retentions.
9. Award the contract to the lowest responsible bidder, Pouk & Steinle, Inc., in the
5734 amount of $3,975,000, for the Colony Park 12kV Undergrounding Phase II project
and authorize the Finance Director to execute the Escrow Agreement pertaining to
contract retentions.
10. Approve the Lease Agreement with Disney GOALS, Inc., to develop a portion. of City
5315.I owned property at 1170 North La Palma Parkway to conduct an enhanced youth
sports program for underprivileged area youth.
11. Accept the lowest responsive bid of P&R Paper Supply Company, in an amount not
D180 to exceed $238,692 (including tax), for recycled paper products for the Convention
Center for a period of one year, with up to four one-year optional renewals, and
authorize the Purchasing Agent to exercise the renewal options, in accordance with
Bid #7282.
13. Accept the low bid of Club Car, Inc., in the amount of $572,302.80, for the lease and
5738 maintenance of 158 golf vehicles for a three year term, approve the required lease
5739 documents with Agricredit Acceptance, LLC, in the .amount of $486,982:80, for the
three year lease of golf carts and approve the maintenance agreement with Club Car,
Inc., in the amount of $85,320, to maintain 158 carts during the lease term, in
accordance with Bid # 7272.
City Council Minutes of June 23, 2009
Page 11 of 22
14. Authorize the Purchasing Agent to issue purchase orders for fleet vehicle purchases
D180 for fiscal year 2009/10, in an amount not to exceed $ 1,695,100 (plus applicable
taxes), and increase the Fleet Services Automotive Equipment appropriations in the
proposed fiscal year 2009/10 budget by $86,000, to include two police vehicles that
were requested after the pending budget had been submitted.
Item No. 14 pulled from the agenda; no action taken.
15. Waive the sealed bidding requirement of Council Policy 4.0 and approve the issuance
D180 of a purchase order to SmartSynch Inc., in the amount of $95,989.01 (including tax
and freight), for the purchase of 226 electric meters for the Public Utilities
Department.
17. Approve an amendment to the Community Development Department fiscal year
Di55 2008/09 budget to reflect a $3,236,654 increase in revenue from the State of
California Employment Development Department.
18. Approve Amendment No. 1 to the Joint Use and Development Agreement with the
5242.1 Anaheim City School District to incorporate revisions required by the Office of Public
5242.0.2 School Construction and the Memorandum of Understanding for the monetary
contribution for park and library improvements for project costs affecting Ponderosa
Park and Ponderosa Elementary School and increase Community Services
Department fiscal year 2008/09 budget by $236,523.
19. Approve the License Agreement with Orange County Transportation Authority
5741 (OCTA) for the proposed storm drain pipeline and rela#ed facilities over the portion of
OCTA railroad right-of--way, located at the knuckle of Sunview Drive and Oakhaven
Drive, for the Storm Drain Improvement West Anaheim - Thorton Avenue/Brady
Avenue project and authorize the one-time license fee of $500 to OCTA.
20. Approve the Addendum to Original Agreement with Abdul Ariz and authorize the
4687.O.A payment of $10,000 for the property located at 1671 West Katella Avenue for the
Katella Avenue Smart Street from Ninth Street to Humor Drive project (R/VV
ACQ2004-00195).
21. Approve Amendment No. 2 to Agreement with Donahue, Hawran & Malm, LLC, in an
1546.B.2 amount not to exceed $300,000 annually, for continued appraisal services for the
Public Works Department with the option to renew for an additional year to a
maximum of five years.
23. Approve professional services agreements with Kleinfelder West, Inc., La Belle-
5743 / 5744/ Marvin, Inc., Dynatest Consulting, Inc., and Albus-Keefe & Associates, Inc. for on-call
3661.A / 5746 citywide pavement material testing services.
25. Approve and authorize the Public Utilities General Manager to execute the Sublease
5761 Agreement and Consent to Sublease Agreement with Progressive Marketing
5761.I Products, Inc. for offsite parking during construction ~of the Canyon Power project
located at 3071 E. Miraloma Avenue.
City Council Minutes of June 23, 2009
Page 12 of 22
26. Approve and authorize the Public Utilities General Manager to execute Amendment
5780.1 One to Lease Agreement with Orange County Water District for Water Well Nos. 27
and 28 at Anaheim Lake.
27. Approve and authorize the Public Utilities General Manager to execute an agreement
5762 with MWH Americas, Inc., in the amount of $880,045, to provide detailed design and
construction management services for the Water Recycling Demonstration Phase 1
project.
28. Approve the Annual Retail Electric Providers Report, authorize and approve the
D182 attestation as to the accuracy of the Annual Retail Electric Providers Report; approve
the annual Power Content Label and authorize the preparation and submission of the
2009 quarterly projections of the Power Content Label and authorize the Public
Utilities General Manager to execute and submit the attestation, and any related
documents required by the California Energy Commission.
29. Approve the Corporate Sponsorship Agreement with Bottling Group, LLC, dba The
4991.A Pepsi Bottling Group, granting corporate advertising and sponsorship within the
Anaheim Convention Center.
30. Approve an agreement with the State of California Department of Forestry and Fire
1666.G Protection (CAL Fire) for fiscal years 09/10 through 11/12, for protection of wildland
areas within the City and authorize the Fire Chief to pay the CAL Fire as invoiced
annually until the end of agreement term.
32. RESOLUTION NO. 2009 -096 A RESOLUTION OF THE CITY COUNCIL OF THE
2738.E CITY OF ANAHEIM approving the Workforce Investment Act Title I Master Subgrant
Agreement between the City of Anaheim and the State of California for the term of
April 1, 2009 through June 30, 2011.
33. RESOLUTION NO. 2009 -097 A RESOLUTION OF THE CITY COUNCIL OF THE
D154.6 CITY OF ANAHEIM amending Resolution No. 2009 -050 nunc pro tunc (Memorandum
of Understanding with the Services Employees International Union, Local 1877).
34. RESOLUTION NO. 2009 -098 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms
D154.7 and conditions of employment for employees in the classifications assigned to the
Teamsters, Local 952, and the City of Anaheim.
35. RESOLUTION NO. 2009 -099 A RESOLUTION OF THE CITY COUNCIL OF
D154 THE CITY OF ANAHEIM extending the payment of salary and benefits to City
employees recalled to active duty in connection with actions to combat terrorism
against America and to assist with rescue and recovery operations arising from
natural disasters.
36. RESOLUTION NO. 2009 -100 A RESOLUTION OF THE CITY COUNCIL OF THE
D154 CITY OF ANAHEIM amending the Deferred Compensation Plan for full -time
employees, as last amended by Resolution No. 2005R -229.
City Council Minutes of June 23, 2009
Page 13 of 22
RESOLUTION NO. 2009 -101 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending the Deferred Compensation Plan for part-time
employees, as last amended by Resolution 2005R -230.
RESOLUTION NO. 2009 -102 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution No. 2002R -195 which adopted the
Anaheim Retirement Health Savings and Reimbursement Plan.
37. RESOLUTION NO. 2009 -103 A RESOLUTION OF THE CITY COUNCIL OF THE
1553.34 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.
ORDINANCE NO. 6148 (INTRODUCTION) AN UNCODIFIED ORDINANCE OF
THE CITY OF ANAHEIM authorizing an amendment to the contract between the City
of Anaheim and the Board of Administration of the California Public Employees'
Retirement System.
38. ORDINANCE NO. 6149 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM adding a new subsection .080 to Section 4.64.030 of Chapter 4.64 of Title
4 of the Anaheim Municipal Code relating to secondhand dealers and pawnbrokers.
39. ORDINANCE NO. 6150 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM amending Title 6 of the Anaheim Municipal Code relating to the California
Unified Hazardous Waste and Hazardous Material Management Regulatory Program.
40. Approve minutes of the Council meeting of June 9, 2009.
END OF CONSENT CALENDAR:
12. Accept the low bid and approve an agreement with Marina Landscape, Inc., in an
5737 amount not to exceed $201,456, for turf landscape maintenance services at all City
parks for a one -year period with four one -year optional renewals and authorize the
Purchasing Agent to exercise the renewal options, in accordance with Bid #7257.
Community Services Director, Terry Lowe reported this item was a recommendation from
staff to retain Marina Landscape for turf maintenance of all city parks. He indicated this was
a unique opportunity due to existing vacancies and anticipated job retirements to enact a
transition plan which would allow privatization of this function with no resulting job losses.
Seven workers on the turf maintenance crew would be absorbed into other functions in the
Park Division. He indicated the savings would total approximately $500,000 a year.
Council Member Hernandez felt the dedicated service performed by City employees
outweighed the savings gained by privatization. Council Member Galloway understood the
savings involved but could not support this proposal when outside contractors did not pay
benefits or a living wage and promoted the types of problems already visible in Anaheim.
Mayor Pringle pointed out this action was not unique, street median maintenance had been
and continued to be outsourced and the low bidder, Marina Landscape, had been
maintaining City facilities satisfactorily. He pointed out nearly every government had reduced
their workforce during this economic crisis and Anaheim and found a way to maintain
City Council Minutes of June 23, 2009
Page 14 of 22
services and yet reduce expenses, without the loss of employees and he would support this
proposal.
Council Member Sidhu remarked two years ago outsourcing had been recommended when
the economy was good, and he had voted against it. He added each City department had
been requested to reduce their budgets by five percent, the State was in trouble and
threatening to take a significant portion of city funds and this was an appropriate action to
take to balance the budget. Council Member Pringle moved to approve Item No. 12,
seconded by Council Member Sidhu. After further discussion, it was determined that this
issue would be reviewed and re-evaluated in one year. Roll call vote: Ayes - 3: Mayor
Pringle and Council Members Kring and Sidhu. Noes - 2: Council Members Galloway and
Hemandez. Motion Carved.
16. Approve the revised public services budget for fiscal year 2009/10 Community
D155 Development Block Grant funds.
Executive Director Community Development, Elisa Stipkovich reported Council had recently
approved the 2009/10 CDBG budget, however, the City had been notified that slightly higher
funds were being awarded, totaling $4,979,675 versus the approved amount of $4,682,000.
With the increased funds, staff reallocated monies to the 15 percent of block grant programs
designated for public service groups which restored those budgeted amounts to the 08/09
level. Council Member #iemandez moved to approve Ftem No, 15, seconded by Council
Member Kring. Roll Call Vote: Ayes - 5: Mayor Pringle and Council Members: Galloway,
Hemandez, Kring and Sidhu. Noes - 0. Motion Carved.
22. Approve the cooperative agreement with the Orange County Transportation Authority
5742 (OCTA) regarding the design, right-of--way acquisition and construction of four grade
separations along the BNSF Corridor at Kraemer Boulevard, Tustin Avenue,
Orangethorpe Avenue and Lakeview Avenue.
Natalie Meeks, Public Works Director, reported this cooperative agreement was for the City
to work with OCTA for grade separation design and allowed the City to be reimbursed by
OCTA for time and effort spent on that project. She noted all four grade separation projects
had been funded and general alignments and environmental had been performed with
construction to begin in 2010. She added there had been discussion on whether to do all of
the projects at the same time and staff was working closely with OCTA to accomplish that but
it would be based on complexity of design and how quickly OCTA could acquire right-of-way
for each of the projects. She emphasized with that goal in mind, OCTA had hired four
separate engineering firms now working in parallel on all four projects.
Council Member Hemandez removed this item from the consent calendar to emphasize the
grade separation projects and to cite those improvements to the quality of life of nearby
residents once construction was completed. There was discussion on the various cities
involved and the cooperative agreements which would be overseen by OCTA, as the lead
agency, with Council Member Hemandez moving to approve the agreement, seconded by
Council Member Sidhu. Roll Call vote: Ayes - 5: Mayor Pringle and Council Members:
Galloway, Hemandez, Kring and Sidhu. Noes- 0. Motion Carried.
City Council Minutes of June 23, 2009
Page 15 of 22
24. Approve professional services agreements with Hayer Consultant, Inc., Ghirardelli
5747/5748/5749/ Associates, Inc., CBM Consulting, Inc., Swinerton Management & Consulting, SA
5750/5751/5752/ Associates, Bureau Veritas North America, Inc., Lim 8~ Nascimento Engineering,
5753/5754/5755/ WEC Engineering, Project Dimensions, Inc., CivilSource, Inc., Heery International,
5756/5757/5758/ Inc., URS Corporation, Caltrop Corporation, and HDR Construction Control
5759/5760 Corporation for on-call citywide miscellaneous professional consulting services.
Council Member Galloway asked for more detail on this item. Public Works Director, Natalie
Meeks responded that historically the Field Services department used outside consultants for
inspection and contract administration, as well as for one or two on-call consultants. In this
instance, the department felt it was more efficient to create a master agreement with a larger
pool of on-call contractors in order to be able to get the best fees for any services needed.
This, she stated, expedited the process rather than going out to bid for new contracts.
Council Member Galloway moved to approve this item, seconded by Council Member
Hemandez. Roll Call Vote: Ayes - 5: Mayor Pringle and Council Members: Galloway,
Hemandez, Kring and Sidhu. Noes - 0. Motion Carried.
31. RESOLUTION NO. 2009-095 A RESOLUTION OF THE CITY COUNCIL OF THE
D155 CITY OF ANAHEIM opposing an attempt by the State Legislature to seize the local
share of Highway Use Tax Account (HUTA) as part of the state budget, an
authorizing the City Manager, in consultation with the City Attorney, to take such legal
action as is appropriate to challenge such action by the State legislature.
Mayor Pringle stated there was a proposal by the State of California to shift all gas tax
monies away from local governments which would reduce Anaheim's budget b_y $5.6 million.
This resolution would allow the City to take legal action, if appropriate.
Mayor Pringle requested modifications to the resolution which was to strike the second
"whereas° and modify. the third whereas to reflect the most recent proposed revision of the
state budget referring to a shift of gas tax funds prospectively and permanently. With those
amendments in place, Mayor Pringle moved to approve Resolution No. 2009-095 of the City
of Anaheim opposing an attempt by the State Legislature to seize the local share of Highway
Use Tax Account (HUTA) as part of the state budget, and authorizing the City Manager, in
consultation with the City Attomey, to take such legal action as is appropriate to challenge
such action by the State legislature, seconded by Council Member Sidhu. Roll Call Vote:
Ayes - 5: Mayor Pringle and Council Members: Galloway, Hemandez, Kring and Sidhu.
Noes - 0. Motion Carried.
41. Consider reappointments/appointments to Boards and Commissions, terms to expire
B105 June 30, 2013, except the Senior Citizen Commission, term to expire June 30, 2012
and unscheduled vacancy, term to expire June 30, 2011.
Mayor Pringle moved to re-appoint all incumbents eligible and willing to remain on the
various boards and commissions, seconded by Council Member Kring. Roll call vote: Ayes
- 5: Mayor Pringle and Council Members: Galloway, Hemandez, Kring and Sidhu. Noes - 0.
Motion Carried
City Council Minutes of June 23, 2009
Page 16 of 22
TERMS EXPIRING JUNE 30.2013:
Budget Advisory Commission:
[Re]Appointment: Jonathan Dallas. reappointed
(Incumbent, Jonathan Dallas)
[Re]Appointment: Jeffrev McNutt. reappointed
(Incumbent, Jeffrey McNutt)
Community Center Authority:
[Re]Appointment: Diane Singer, reappointed
(Incumbent, Diane Singer)
Community Services Board:
[Re]Appointment: Robert J. Currie, reappointed
(Incumbent, Robert J. Currie)
Appointment: Susan Faessel appointed
(vacancy of Amber Burkhart)
Council Member Kring nominated Earl Kelso and Council Member Galloway nominated
Susan Faessel for the vacant position on the Community Services Board. A straw ballot for
Mr. Kelso reflected Ayes: 2; (Council Members Hemandez and Kring; Abstention - 3: Mayor
Pringle and Council Members Galloway and Sidhu. The straw vote for Susan Faessel
reflected Ayes - 4: Mayor Pringle and Council Members: Galloway, Kring and Sidhu;
Abstention -1: Council Member Hemandez. Ms. Susan Faessel was appointed.
Cultural and Heritage Commission:
[Re]Appointment: Alone Larsen. reappointed
(Incumbent, Alo-~e Larsen)
[Re]Appointment: John Santoianni. reappointed
(Incumbent, John Santoianni)
Golf Commission:
[Re]Appointment: -John McCulloch. reappointed
(Incumbent, John McCulloch)
Appointment: Don Heinbuch
(vacancy of Kathy Wright)
Council Member Kring nominated Don Heinbuch with Council Member Galloway nominating
Cristina Rodriguez. A straw for Mr. Heinbuch reflected Ayes - 4: Mayor Pringle and Council
Members: Hemandez, Kring and Sidhu. Abstention - 1: Council Member Galloway. The
straw vote for Ms. Rodriguez reflected Ayes -1: Council Member Galloway and Abstention -
4: Mayor Pringle and Council Members Sidhu and Kring. Noes -1: Council Member
Hemandez. Mr. Heinbuch was appointed to the Golf Commission.
Housing >9R Community Development Commission:
[Re]Appointment: Steve Rosco, reappointed (Central District)
(Incumbent, Steve Rosco)
City Council Minutes of June 23, 2009
Page 17 of 22
[Re]Appointment: Donald Yvaska, reappointed (At Large)
(Incumbent, Donald Yvaska)
Investment Advisory Commission:
[Re]Appointment: Aiav Khetani, reappointed
(Incumbent, Ajay Khetani)
Library Board:
[Re]Appointment: Roberto Baeza. reappointed
(Incumbent, Robert Baeza)
Appointment: Lana Barlow, reappointed
(vacancy of Susan Faessel)
Council Member Galloway nominated Lana Barlow for the vacant position on the Library
Board and with no objections raised, Ms. Barlow unanimously appointed.
Park & Recreation Commission:
[Re]Appointment: Richard Crawford. reappointed
(Incumbent, Richard Crawford)
[Re]Appointment: Dave Vadodaria, reappointed
(Incumbent, Dhiru (Dave) Vadodaria)
Planning Commission:
[Re]Appointment: Stephen Faessel. reappointed
(Incumbent, Stephen Faessel)
Appointment: Todd Ament
(vacancy of Gail Eastman)
Council Member Kring nominated Todd Ament to the vacant Planning Commission position;
Council Member Hemandez nominated John Karczynski and Council Member Galloway
nominated Norma Kurtz. A straw vote for Todd Ament reflected Ayes - 3: Mayor Pringle and
Council Members Kring and Sidhu. Abstention - 2: Council Members Galloway and
Hemandez. The straw vote for Mr. Karczynski reflected Ayes - 1: Council Member
Hemandez and Abstentions - 4: Mayor Pringle and Council Members: Galloway, Kring and
Sidhu. The straw vote for Ms. Kurtz reflected Ayes -1: Council Member Galloway and
Abstentions - 4: Mayor Pringle and Council Members: Hemandez, Kring and Sidhu. Mr.
Ament was appointed to the Planning Commission.
Public Utilities Board:
[Re]Appointment: Pat Carroll. reappointed
(Incumbent, Pat Carroll)
[Re]Appointment: Charles Peltzer. reappointed
(Incumbent, Charles Peltzer)
Appointment: John Machiavema
(vacancy of Marcia Garten)
City Council Minutes of June 23, 2009
Page 18 of 22
Council Member Kring nominated John Machiaverna and without objection, Mr. Machiavema
was unanimously appointed to the Public Utilities Board.
TERMS EXPIRING JUNE 30, 2012:
Senior Citizen Commission:
[Re]Appointment: Madeline Jensen, reaaoointed
(Incumbent, Madeline Jensen)
Appointment: Lynn Cudd
(vacancy of Constance Dunay)
Council Member Hernandez nominated Lynn Cudd who was unanimously appointed.
Appointment: Isabelle Goubran
(vacancy of Robert Kuehn)
Council Member Galloway nominated Isabelle Goubran who was unanimously appointed.
TERM EXPIRING JUNE 30.2011:
Senior Citizen Commission:
Appointment: Ed Reoic
(unscheduled vacancy of Eloise Ware)
Council Member Kring nominated Ed Repic who was unanimously appointed.
PUBLIC HEARINGS:
42. Open the continued public hearing on the fiscal year 2009/2010 budget, budget
appropriations limits for the City and its Community Facilities Districts,. and changes in
various fee schedules.
Patrick Pepper, Budget Advisory Commissioner, offered the Budget Advisory Commission's
letter in support of the budget as well as his personal observations. He remarked the
Commission believed the budget as proposed was achievable and did contain key
assumptions of a hiring freeze and the equivalent reduction of 4.6 percent of payroll through
various options and no salary increases for the coming year. On the revenue side, the
Commission believed economic recovery would begin in the latter part of 2010, however, if
assumptions did not occur as planned, additional reductions should be identified and ready
for immediate implementation. Another concern of the Commission was the structural deficit
and use of reserves emphasizing it would take fiscal discipline on the part of the City to
adhere to the recommended seven to ten percent reserve policy.
With no other comments offered, the budget public hearing was closed.
Mayor Pringle remarked that he would like to omit payment of the State League of Cities
dues of approximately $58,000 and funding the cost of the U.S. Mayor's Conference
scheduled for next May. He also requested the Finance Director provide a report to Council
relating to reprographic services within 60 days as well as to reallocate the cost of printing
the Parks & Recreation brochure to a new fund, having the Director of Community Services
offer Council other methods to market recreation classes.
City Council Minutes of June 23, 2009
Page 19 of 22
Council Member Kring questioned the increased costs for trade shows and conventions
suggesting the costs be reduced to remain the same as the current year. Discussion was
held on this issue, with Dave Morgan responding staff had the ability to negotiate for trade
show and convention center costs. Council Member Galloway encouraged using in-house
talent rather than outsourcing for professional services during these tough economic times.
Mayor Pringle then moved to adopt the fiscal year 2009/2010 budget, budget appropriations
.limits and changes in fee schedules and 1) reallocate cost of printing Parks 8~ Recreation
brochures to a new fund with the Director to .present alternative marketing methods within 30
days, and 2) the Director of Finance provide a report on reprographic services within 50 days
for Council consideration. and 3) to withdraw funding for US Conference of Mayors and 4)
withdraw membership dues for the-State League of California Cities, seconded by Council
Member Sidhu. With that in one motion, all the resolutions made by Sidhu, seconded by
Kring. Roll Call Vote: Ayes - 5: Mayor Pringle and Council Members: Galloway,
Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
A. RESOLUTION NO. 2009-104 A RESOLUTION OF THE CITY COUNCIL
D106 OF THE CITY OF ANAHEIM, CALIFORNIA, adopting the annual
appropriations limit for the fiscal year 2009/10.
B. RESOLUTION NO. 2009-105 A RESOLUTION OF THE CITY COUNCIL
T105 OF THE CITY OF ANAHEIM, CALIFORNIA, adopting the Community
Facilities District No. 1989-1 (Sycamore Canyon) annual appropriations limit
for the fiscal year 2009/10.
C. RESOLUTION NO. 2009-106 A RESOLUTION OF THE CITY COUNCIL
T105 OF THE CITY OF ANAHEIM, CALIFORNIA, adopting the Community
Facilities District No. 1989-2 (The Highlands) annual appropriations limit for
the fiscal year 2009/10.
D. RESOLUTION NO. 2009-107 A RESOLUTION OF THE CITY OF
T105 ANAHEIM, CALIFORNIA, adopting the Community Facilities District No. 1989-
3 (The Summit) annual appropriations limit for the fiscal year 2009/10.
E. RESOLUTION NO. 2009-108 A RESOLUTION OF THE CITY OF
T105 ANAHEIM, CALIFORNIA, adopting the Community Facilities District No. 06-2
(Stadium Lofts) annual appropriations limit for the fiscal year 2009/10.
F. RESOLUTION NO. 2009-109 A RESOLUTION OF THE CITY COUNCIL
D150 OF THE CITY OF ANAHEIM establishing fees to be charged for Community
Services Department programs and services commencing on September 1,
2009.
G. RESOLUTION NO. 2009-110 A RESOLUTION OF THE CITY COUNCIL
D150 OF THE CITY OF ANAHEIM amending the green fees and cart rental fees to
be charged at the Dad Miller Golf Course and the Anaheim Hills Golf Course.
H. RESOLUTION NO. 2009-111 A RESOLUTION OF THE CITY COUNCIL
Dii3 OF THE CITY OF ANAHEIM revising fees for services rendered by the City
Clerk's Department.
City Counal Minutes of June 23, 2009
Page 20 of 22
I. RESOLUTION NO. 2009-112 A RESOLUTION OF THE CITY COUNCIL
D150 OF THE CITY OF ANAHEIM approving the amount of the park-in-lieu fee and
rescinding Resolution No. 2008-105.
J. RESOLUTION NO. 2009-113 A RESOLUTION OF THE CITY COUNCIL
D150 OF THE CITY OF ANAHEIM approving the amount of the park-in-lieu fee for
the Platinum Triangle Area and rescinding Resolution No. 2008-106.
K. RESOLUTION NO. 2009-114 A RESOLUTION OF THE CITY COUNCIL
Di24 OF THE CITY OF ANAHEIM establishing a schedule of rates to be charged
for rental of space and for certain labor, equipment and services at the
Anaheim Convention Center.
L. RESOLUTION NO. 2009-115 A RESOLUTION OF THE CITY COUNCIL
D129 OF THE CITY OF ANAHEIM revising fees for services rendered by the
Anaheim Fire Department and establishing the_ effective date of fees.
M. RESOLUTION NO. 2009-116 A RESOLUTION OF THE CITY COUNCIL
D129 OF THE CITY OF ANAHEIM establishing paramedic fees to be charged by
the Fire Department of the City of Anaheim and repealing Resolution No.
2004-132.
N. RESOLUTION NO. 2009-117 A RESOLUTION OF THE CITY COUNCIL
D175 OF THE CITY OF ANAHEIM adopting new fee schedules for the Public Works
Department of the City of Anaheim.
O. RESOLUTION NO. 2009-118 A RESOLUTION OF '''THE CITY
Di75 COUNCIL OF THE CITY OF ANAHEIM adopting a revised schedule of
sanitation fees and charges for wastewater and solid waste and rescinding
Resolution No. 2008-117.
Referencing Item No. 0, the City Clerk reported that 126, 488 public hearing notices were
mailed by Public Works and 55 written protests were received, which did not constitute a
majority protest.
43. This is a continued public hearing to consider a resolution finding and determining the
P121 Public interest and necessity for acquiring and authorizing the condemnation of real
property located at 1855-1925 South Manchester Avenue for the Gene Autry Way
(West)/I-5 HOV Interchange Project.
RESOLUTION NO. 2009-119 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM determining the public interest and necessity for acquisition
of portions of property located at 1855-1925 South Manchester Avenue for the
purposes of the Gene Autry Way (Vllest~l-5 HOV Interchange Project (R/VV
ACQ2003-00165; Continued from meeting of May 19, 2009).
Natalie Meeks stated this public hearing was for the acquisition of right-of-way at the Holiday
Inn Staybridge Suites property and was necessary for the construction of Gene Autry Way I-
5 HOV Interchange project. The project would provide for a new east/west six lane street
extending Gene Autry Way from the existing I-5 HOV interchange to 825 feet west of
Interstate 5 and was paired with a highway project to extend Gene Autry from this point to
Haster Street. Together she remarked, these projects would improve access between the
City Council Minutes of June 23, 2009
Page 21 of 22
Anaheim Resort area, the Platinum Triangle and the I-5 HOV lanes. Haster Street at Gene
Autry Way would also be widened to six lanes providing traffic capacity between Gene Autry
and Katella Avenue.
The project, she explained, was included in the City's General Plan circulation element,
conformed to the final environmental statement certified by Caltrans and FHWA in March of
1991, and to all other previously approved environmental documents. Staff acquired
property for most of the parcels necessary for the implementation of this project, and was
working to finalize the right-of--way to move forward with construction. A detailed offer was
made to the property owner which included the necessary construction easements needed.
She emphasized it had been the City's objective to accommodate the various needs of the
hotel business and find a suitable staged parking plan for construction. Additional parking for
the hotels on other property the City acquired would be provided. Then a connection to the
new parking would be built, construction of the project would then begin with removal of
some of the existing parking on the hotel property. During the majority of the construction,
valet parking would be required to maintain the existing number of parking spaces and the
cost of valet parking was included in the offer to the property owner. At the end of
construction, the ultimate parking improvements would be constructed on the hotel property
and the adjacent properties, which would be deeded to the property owners so that after
construction, the hotel would have a net of four parking spaces from the pre-construction
condition. Ms. Meeks reported staff had communicated with the property owner with efforts
to reach settlement but had been unsuccessful and recommended Council adopt the
resolution of necessity on this property to advance the acquisition and insure possession of
the properties available for construction of the project.
Mayor Pringle opened the public hearing.
Michael Liefer, attorney for property owner, spoke against approval of this acquisition, stating
an objection letter had been filed as part of the record, however additional points to consider,
addressed the fact that draft project plans had been submitted to the property owner that
were not complete and could be revised and therefore the city could not make the
determination that the project was most compatible with the greater private good and there
was insufficient evidence to take that action. He added this action was a predetermined
result, which under the law would render adoption of this resolution invalid.
With no other speakers coming forward, the hearing was closed.
City's Counsel, David Cosgrove of Rutan 8~ Tucker disagreed with that premise, stating the
plans did not have to be 100 percent complete. He added staff was working to cause the
least impact to this property owner.
Natalie Meeks indicated the City would continue to negotiate with the property owner and
believed the project was designed in the best way to keep that site open during construction.
Council Member Sidhu moved to approve Resolution No. 2009-119 of the City of Anaheim
determining the public interest and necessity for acquisition of portions of property located at
1855-1925 South Manchester Avenue for the purposes of the Gene Autry Way (WEST)/I-5
HOV Interchange project, seconded by Council Member Hemandez. Roll Call Vote: Ayes -
5: Mayor Pringle and Council Members: Galloway, Hemandez, Kring and Sidhu. Noes - 0.
Motion Carried.
City Counal Minutes of June 23, 2009
Page 22 of 22
Report on Closed Session Actions:
Mayor Pringle reported that Council unanimously agreed to extend an offer to Assistant City
Manager, Tomm Wood, to serve as city manager and directed Kristine Ridge, Human
Resources Director to negotiate a contract for the next Council meeting.
Council Communications:
Council Member Hernandez congratulated Tom Wood on his appointment and spoke of his
attendance at the Walnut Canyon Reservoir Re-dedication ceremony. He announced the
13~' Marine Expeditionary Unit would be returning from aseven-month deployment and that
donations for welcome home bags were being accepted. He announced the annual 4"' of
July Festival would take place this year, thanking sponsor George Adams.
Council Member Galloway thanked outgoing City Manager Dave Morgan for his service and
friendship, announced the new exhibit scheduled for the Muzeo in July and recognized City
employee Melissa Seifen, Public Utilities Department.
Council Member Kring reported on the Flag Day celebration on June 14"', and invited the
community to attend the 4'" of July celebration made possible through the efforts of resident
George Adams.
Council Member Sidhu announced the Anaheim Radio Amateur Civil Emergency Service
(RACES) demonstration to be held on June 27"' and the departure of student ambassadors
to Sister City Mito, Japan.
Mayor Pringle thanked Dave Morgan for his service to the City, remarking Tom Wood would
continue the good work of his predecessors in providing exceptional service to the
community.
Adjournment: At 9:46 P.M., with no further business to conduct, Mayor Pringle adjourned
the June 23, 2009 meeting.
Res c ully submi ed,
Linda N. Andal, CMC
City Clerk