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2012/04/03ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF APRIL 3, 2012 The April 3, 2012 regular meeting of the Anaheim City Council was called to order at 3:00 P.M. and adjourned to 4:30 P.M. for lack of a quorum. Mayor Tait called the regular adjourned meeting of April 3, 2012 to order at 4:36 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. PRESENT: Mayor Tom Tait and Council Members Gail Eastman, Lorri Galloway, Kris Murray and Harry Sidhu STAFF PRESENT: Acting City Manager Bob Wingenroth, Senior Assistant City Attorney Kristin Pelletier, and City Clerk Linda Andal ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: William Fitzgerald, Anaheim Home, commented on the lengthy recruitment process for the City Manager position. At 4:39 P.M., Council recessed to closed session for the following items: CLOSED SESSION PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957) Title: City Manager At 5:04 P.M., City Council returned from closed session. Invocation: Pastor Greg Tucker, Hope Community Church of Anaheim Flag Salute: Mayor Pro Tem Lorri Galloway Presentations: Recognizing recipients of the 2011 Girl Scout Gold Award Julie Weeks announced that 12 outstanding girls in the Anaheim area would receive the highest achievement in girl scouts, the Girl Scout Gold Award. She introduced three of the 12 recipients, Ellie Chung, Allison Heller, and Melissa Sachs outlining their specific community projects completed for this award. She added that 2012 was the 100` anniversary of Girl Scouts and in recognition of that milestone it had been declared the "Year of the Gold." Recognizing the U.S. Army Yellow Ribbon Program Lt. Colonel Ramon Torry announced a celebration of the U.S. Army Yellow Ribbon Program, in partnership with municipalities, to provide returning service men, women and their families with tools, counseling and other resources to help them integrate back into society. Council Meeting Minutes of April 3, 2012 Page 2of16 Acceptance of Other Recognitions (To be presented at a later date): Recognizing Iglesia de Poder on their 20th Anniversary Pastor David Lazlo thanked Council for recognizing the church's 20 years of service to community as well as his service to the Anaheim Police Department as chaplain. At 5:18 P.M., Mayor Tait called to order the Anaheim Housing Authority (in joint session with the City Council). ADDITIONS /DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS (all agenda items, except public hearing): James Robert Reade, resident, offered his viewpoint on gang activities and graffiti vandalism. Cecil Jordan Corcoran, Outreach Ministries, talked of the need to curb gang violence and insure neighborhood parks were safe. Adel Syed, Council on American Islamic Relations (CAIR), stated his comments offered on February 7, 2012 were on behalf of the Council of American Islamic Relations and not on behalf of Access California Services. He wished to reiterate his point about the hotel development subsidy, remarking a number of community meetings had been held and the anger over council's action had not subsided. Maurice Turner, resident, thanked Public Utilities staff for helping establish an electric vehicle charging station installation rebate program in the city. He requested an upgrade to existing chargers be considered as well as installation of new chargers throughout the city to allow for traveler access, stating the old chargers were no longer compatible with newer electric vehicles models. He also asked for help with Anaheim Municipal Code 14.32.176 which prohibited backing into City lot parking spaces, which was necessary when charging an electric vehicle due to the cable's length. Ashleigh Aitken, Chair of Community Service Board (CSB), indicated the funding recommendations for the 2012/13 fiscal year would be considered by Council this evening. She added the Board was an 11 member advisory board to Council who reviewed all nonprofit applications seeking City funds. The process began in July and over the course of the summer, all applications were reviewed, including a detailed financial audit of each organization. Presentations by all organizations were scheduled in September and from the results of that presentation, a subcommittee developed the first matrix of recommendations to the CSB. Once a decision was made, the recommendations were reviewed by CDBG and then presented to Council. Since 2010, she remarked, the City lost $125,000 in funding and now faced a smaller pool of resources to divide equitably and fairly to the nonprofit agencies. Judy Dickenson, ACACIA Adult Day Care Services, stated her organization served 18 cities in Orange County with a total of 120 participants, 18 of whom were Anaheim residents. She thanked the City for their support in the past, the present and speaking optimistically, in the future. Janie Maliki, Women Helping Women /Men to Work, was one of the agencies being recommended for funding under CDBG monies. Last year, she stated, the organization Council Meeting Minutes of April 3, 2012 Page 3 of 16 serviced 3,200 people, and this year anticipated that number reaching 4,200. This nonprofit provided comprehensive employment success programs for its clients with the mission of helping them get and retain a job. Michael Baker, Boys and Girls Club, thanked the CSB board for their efforts during the selection process. He added his organization, in the past, had been one of the largest recipients of CDBG funds, critical for the work they do. Thanh Vu, Magnolia Crescent Liquor at 540 North Magnolia, stated a new smoke shop was now located near his store which not only carried tobacco but also devices for illegal activities such as the use of marijuana or crack heroin. He added the smoke shop's clientele were jeopardizing the plaza's serenity and asked for the City's help in prohibiting the operation. He then submitted a letter identifying his concerns. Mayor Tait requested the Acting City Manager investigate the issues raised and follow up with a report to Council. Larry Larson, resident, offered detailed statistics on the $4.4 billion revenue infusion that was anticipated to be generated from the GardenWalk hotel development. It was his conclusion that each room must generate over $1200 per day to achieve that $4.4 billion figure. Council Member Murray responded the numbers used were based on two economic studies by two reputable firms, pointing out the $4.4 billion figure reflected the total economic value to the city, including sales tax, the anticipated transient occupancy tax increase due to an average room rate increase, and 100 percent of the property tax and sales taxes generated. John Leos, resident, thanked Council Member Eastman for meeting with him and sharing her viewpoints on matters. He again stressed the need for accountability and transparency in city government, referencing recent O.C. Voice articles on Anaheim government. Avery Barnes, resident, remarked that for streets with no driveways and only alleys, residents had no place to park cars on street sweeping days, asking that the Municipal Ordinance be changed to allow for parking in the alley on street sweeping day. Mayor Tait requested the City Manager research that matter. Tony Gomez, resident, thanked City Council, the Police Chief and staff for helping with his earlier request to clean up illegal activity in his neighborhood. He stated the gangs had been removed and children could now play in their front yards safely, remarking the residents were very appreciative of the city's involvement. Lisa Hayes, Mariposa Women and Family Center, remarked her organization had been the recipient of CDBG funds, thanking Council and the Community Services Board for their assistance. She stated Mariposa Center had expanded services to residents and offered counseling services on many issues, with the goal of getting people back to work and functioning as productive members of the community. Mike Morales, resident, asked for Council's help with on -going Friday night flag football events held at Esperanza High School. Parking had become a serious problem and driving safely on his street during the event was also a concern. Mayor Tait requested staff look into Mr. Morales' concerns. Holly Hagler, Community SeniorServe, thanked the City for its long -term support to this organization through CDBG funding. One hundred frail homebound seniors were served each day, about 96,000 meals a year, and the Senior Center Lunch Program served 105 people a Council Meeting Minutes of April 3, 2012 Page 4of16 day, or 27,600 meals annually. She remarked the organization was looking at fundraisers to cover the $100,000 shortfall and would like to expand its collaboration with the city and staff to work together to cover the shortfall and eliminate the waiting list for home delivered meals. Brian Chuchua, resident, expressed disappointment that the GardenWalk hotel development was not on a future ballot, declared the community's concern on this issue would not lessen. William Fitzgerald, objected to CDBG funding of local charities, stating. the monies could be put to better use for libraries and police services. Willim Grisholia, speaking on behalf of Take Back Anaheim, reported the issue of opposing development subsidies in Anaheim was here to stay. Nahla Kayali, Access California Services, appreciated the continued support of her organization through CDBG grant funds. She explained Access California Services helped Arab - American immigrants make a successful transition to life in America, adding that Anaheim had more than 50 percent of the county's refugees. Larry Krona, Superior Graffiti Services, reported his staff had been retained for graffiti removal in Anaheim's problem area and had removed 832 work orders and over 72,000 square feet of graffiti. As of today, he stated, there were no longer backlogs on work orders for that area. Joanne Sousa announced that Take Back Anaheim opposed the GardenWalk hotel subsidy agreement and would continue to fight this and any future subsidy agreements. At 6:15 P.M., Council session was briefly recessed to consider the Anaheim Housing Authority agenda, and reconvened again at 6:16 P.M. CONSENT CALENDAR: Council Member Murray requested Item Nos. 5 and 6 be removed from the consent calendar for further discussion; Council Member Eastman pulled Item No. 11. Council Member Galloway waived reading in full of all ordinances and resolutions and to adopt the consent calendar as presented, seconded by Council Member Eastman. Roll Call Vote: Ayes — 5 (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu). Noes — 0. Motion Carried 4. Receive and file minutes of the Library Board meeting of November 14, 2011 and 8105 February 13, 2012 and Parks and Recreation Commission meeting of January 25, 2012. 7. Authorize the Human Resources Director to extend the current eligibility list for the Fire D154 Battalion Chief position by an additional six months with the option to extend the list for an additional six months thereafter, if needed. 8. Accept the lowest responsive bid of Daktronics, Inc., in the amount of $228,798, to D128 purchase a new readerboard for the Anaheim Convention Center, in accordance with Bid # 7581. 9. Accept the lowest responsive bid of Powercon Engineering, Inc., in the amount of D128 $228,849 (plus applicable tax), to purchase electric protection equipment for the Dowling Substation, in accordance with Bid # 7597. Council Meeting Minutes of April 3, 2012 Page 5 of 16 10. Award the contract to the lowest responsible bidder, Best Drilling and Pump, Inc., in the amount of $1,385,656, for the drilling of Well No. 58 and the proper destruction of Well AGR -7156 Nos. 27 and 28 and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 12. Approve and authorize the City Manager, or his designee, to execute and administer AGR -7157 various CaIWORKs Vocational Training Program Vendor Agreements and any AGR -7158 Amendments thereof for the provision of occupational skills training for welfare recipients AGR -7159 (Southern California Education Corporation, Brem Industries, Inc., Larson Training AGR -7160 Centers, Inc., Medtech Educational Services, Healthstaff Training Institute, Inc., E. AGR -7161 AGR -7162 Cubics, LLC, and Kensington College, Inc.). AGR -7163 13. Approve and authorize the Public Utilities General Manager to execute the following agreements, its related documents, and to take necessary action required to implement AGR -7164 and administer said agreements: with Systems & Software, Inc. (S &S Agreement), in the AGR - 7164.0.4 amount of $4,854,979 and a fifteen percent contingency, for purchase and AGR - 7164.1 implementation of a Customer Information System (CIS); with AAC Utility Partners (AAC AGR -7165 Agreement), in the amount of $2,242,000 and a ten percent contingency, for CIS project AGR - 4861.3 management services; Amendment No. 3 to the General Agreement with eMeter Corporation (eMeter Amendment), in the amount of $196,687, for Meter Data Management System technical support services; any license agreement and software support services agreement with CGI Technologies and Solutions Inc.; Service Enhancement Request (SER) with Hewlett- Packard State and Local Services, Inc., in the amount of $2,255,125, for CIS implementation technical support services; and authorize the Finance Director to execute the SER and any other related documents, and take such actions as are necessary or required to implement and administer the SER. 14. Approve an Agreement with Southern California Regional Rail Authority (Metrolink) to AGR -7166 authorize the City to use magnetic strip cards to sell and distribute Metrolink train tickets and passes. 15. Approve a Subdivision Agreement with Jay and Amy Mehta, as trustees of the Mehta AGR -7167 Family Trust, for Parcel Map 2009 -197 for property located at 6115 E. Henning View Terrace. 16. Approve a Cooperative Agreement with the California Department of Transportation for reimbursement to the City for providing traffic control services for the detour of vehicle AGR -7168 traffic resulting from the 91 Freeway widening construction site within city limits. 17. Approve Third Amendment to Agreement with RCS Investigations & Consulting, LLC, to AGR- 4700.3 increase the rates for background investigations and add training services for the Police Department. 18. Approve Third Amendment to Agreement with Systems Research and Applications Corporation (SRA) for intelligence analyst services to allow for the retention of homeland AGR- 5792.3 security analysts, the costs for which are reimbursed by the Urban Areas Security Initiative funding program and delegate the Chief of Police, or his designee, the authority to execute further amendments to the Agreement with SRA to alter the scope of services and /or scope of work under the Agreement. Council Meeting Minutes of April 3, 2012 Page 6 of 16 19. Approve and authorize the City Manager to execute, implement and administer the Master Assignment and Assumption Agreement, with any revisions thereto that are in substantial conformance with the Assignment Agreement, as determined by the City Attorney's Office, provided the Agreement does not amend any terms and conditions of the Agreement to be assigned and assumed, other than to authorize the assignment of rights and obligations by a assignor and the assumptions of those rights and obligations by an assignee. 20. Cancel the May 1, 2012 and May 15, 2012 regularly scheduled meetings and schedule D114 two replacement meetings for May 8, 2012 and May 29, 2012. 21. RESOLUTION NO. 2012 -028 A RESOLUTION OF THE CITY COUNCIL OF R100 THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Planning Department). 22. ORDINANCE NO. 6239 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending various sections of Chapter 16.40 of Title 16 of the Anaheim M142 Municipal Code relating to the designation of Very High Fire Hazard Severity Zones. 23. Approve minutes of the Council meetings of March 6, 2012 and March 20, 2012. END OF CONSENT CALENDAR: 5. Continue support of the Anaheim Regional Transportation Intermodal Center project, as planned, and direct staff to obtain City Council approval prior to any changes in the D175 project, including project name, structure, scope or operations; and direct staff to continue to study options for the Anaheim Rapid Connection project and return to City Council to approve a Locally Preferred Alternative for the project. Natalie Meeks, Public Works Director, provided confirmation on the Anaheim Regional Transportation Intermodal Center (ARTIC) project, announcing it had been in the planning stages for over ten years and was envisioned as an iconic regional landmark and transportation facility where people moved seamlessly between transit services to reach Southern California destinations centers. The station would accommodate passenger arrivals, departures and transfers with supporting retail, restaurants and passenger services within the building. She emphasized the need for ARTIC was clear; Anaheim had one of the heaviest riderships in the County, and two of Orange County Transportation Authority's (OCTA) heaviest lines were in the city with 28 percent of all boardings on the OCTA bus system occurring in this area. Orange County attracted more than 40 million visitors per year and Anaheim visitors numbered over 20 million. This project, she stated, would capture not only the workers that support those visitors but also the visitors themselves to connect to any of the sports and entertainment venues in the city. Ms. Meeks remarked the demand and interest for rail also continued to grow with the expansion of both MetroLink and Amtrak services. The total ridership for the Anaheim station last year was about 540,000, the third busiest station in Orange County. The key to the ARTIC concept, she emphasized, was its connection to transportation service, and ARTIC would serve the following transportation agencies: MetroLink, Amtrak, OCTA buses, Anaheim Resort Transit, taxi services, intercity business, international buses, touring buses, private vehicles, and pedestrian and bicycle connections. Council Meeting Minutes of April 3, 2012 Page 7 of 16 The ARTIC site would be located along Katella Avenue at Douglass Road, across from the Honda Center. Parking would be available near Katella and behind some of the platforms while overflow parking would be located in the stadium area and at the north end of the platforms. Containing three levels, the first level of the ARTIC structure would be the connection point with a large plaza area, transportation ticketing services, as well as amenities for transportation agencies. On the second level, retail and dining opportunities would be available along with a waiting area and office space for the facility operations and management. The third level contained an accessible bridge over the platform with seating areas and corridor spacing. The building, she pointed out, was designed to move through it efficiently, and was surrounded by bus stops to make the transition easily from rail to a final destination. It would be adjacent to an existing Amtrak/Metrolink station in the stadium parking lot with their platforms rebuilt to accommodate larger trains. Another part of the plan was to have sponsorship opportunities through the use of signs to help support the operation and maintenance of this facility so there would be no draw on the general fund; these locations would be primarily in the parking area with some inside the building as well. She underscored the important economic benefits of ARTIC; it created over 5,000 jobs through the construction and operation of the facility and added that a metropolitan center providing transportation infrastructure for this destination area would support projected growth in population, housing, jobs, and growth in tourism. With an almost $8 billion in annual tourist revenues generated in Orange County and a third of the hotel properties and guest rooms located in Anaheim, she stated it was vital to provide travel connections for these visitors to various destinations such as the Convention Center and the Disneyland Resort. Future development opportunities were available and consistent with the Platinum Triangle Land Use Plan. Ms. Meeks reported the funding for ARTIC had been secured, through a combination of various grants: Measure M 2 Project T & R, Measure M Transit Revenues, State Transportation Improvement Funds and other federal sources for a total project cost of $184.2 million for the design and construction of the building, and some right -of -way requirements for the environmental process. A number of rail improvements, she noted, would be needed and Douglass Road must be lowered and widened to support a railroad bridge. She added staff had gone back and reviewed plans, streamlined some of the design elements of the building which did not change the overall design but reduced the cost when the shell was bid last summer. The bids had come in over budget and staff was able to work with contractors and determine construction methods and design elements that allowed for a reduced cost. Rail ridership, she remarked, was anticipated to grow over time and in 2035, it was expected to reach 50,000. Existing ridership reflected 2,700 travelers and on opening day in 2014, ridership was anticipated to reach 10,000. She pointed out that providing connections to destinations would make rail a viable alternative to travel. High speed rail was a project the state had been working on and whether it was high speed or another option, she remarked, there would be increased rail service from Los Angeles to Anaheim. Another project in the works was the Anaheim Rapid Connect (ARC) project which was in the beginning planning stages. Staff would continue to bring updates back to Council once there was more clarity on the design, however, currently, the alternative analysis process was underway with three alternatives being studied: an elevated people mover system, a bus rapid transit, or a modern street car system. The alignments for the bus rapid transit alternative would Council Meeting Minutes of April 3, 2012 Page 8 of 16 use existing streets and the elevated system would go through the Stadium, along Gene Autry and wrap around to the various station locations. A street car alternative would travel on along Katella Avenue and have similar station locations serving as key destination points along the way. She indicated more information should be available in the fall with the alternatives analysis and a recommended preferred concept. Council Member Murray requested details regarding current ridership on the entire LOSAN corridor and commuter rail congestion as well as future planning to accommodate projected southern California growth. Ms. Meeks responded the LOSAN corridor was one of the heaviest used corridors for rail in the country and weekend services were expanding to get new riders other than commuter services. She added midday trains were sparse and OCTA had been working on adding service and adding rail improvements to accommodate the increased service as well as buying new trains. Council Member Murray understood a pre -bid conference had been announced, asking for more details. Ms. Meeks replied that a pre -bid workshop was scheduled on May 2nd to be held on site to generate interest and allow contractors to ask questions about the project. Council Member Murray remarked that Buena Park had recently taken a support position with the project, working with the city and OCTA, its board and member agencies to make sure this was a countywide and regional asset as well. She remarked it would also be a Leed certified facility, and attract private capital and commercial growth, in addition to meeting mobility needs in a concentrated area. Council Member Galloway remarked as a member of the OCTA board, she remained supportive of this project, believing it would be an iconic structure along the lines of Union Station or Grand Central Station and was on the cutting edge environmentally. Council Member Eastman concurred that moving people efficiently to their jobs and recreation travel destinations was critical to accommodate the anticipated growth in the county. Council Member Sidhu moved to approve Item No. 5 as presented, seconded by Mayor Pro Tern Galloway. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. D150 6. Receive and file status report of the City's graffiti removal program, supplemental contract, and the issuance of a new RFP for Citywide graffiti removal services. Sheri Vander Dussen, Planning Director, indicated the City had retained a contractor, Superior Graffiti Services, to focus on a portion of the central district for graffiti removal and as of this date, he was up to date on his work orders. She also reported Urban Graffiti continued to remove graffiti in the remaining part of the City and that it was too early to determine Superior's impacts on turnaround times, although it was being closely monitored. Staff had also released the RFP for the citywide graffiti removal services, and had received three proposals for graffiti removal and one proposal for graffiti prevention services. She indicated staff would be reviewing those proposals by mid -April and expected to have the item ready for award in May. Council Member Eastman moved to receive and file the status report of the City's graffiti removal program, seconded by Council Member Sidhu. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. D155 11. Approve the fiscal year 2012 -13 Annual Action Plan for $5,589,726 in federal Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) Council Meeting Minutes of April 3, 2012 Page 9 of 16 and Emergency Shelter Grant (ESG) funds; approve the fiscal year 2011 -12 Annual Action Plan First Amendment for $122,732 in new ESG funds; and designate the Executive Director of Community Development as the Certifying Official authorized to execute all documents related to the administration, management and implementation of the CDBG, HOME and ESG programs, including subrecipient agreements in a form acceptable to the City Attorney. Clare Fletcher, Community Development Manager, reported this item was a request for approval of the annual action plan for $5.5 million of HUD funds received on an entitlement formula basis. The majority of those funds reflected $4 million in Community Development Block Grant (CDBG) funds. Last year, the CDBG funds had been reduced by 16 percent and the city was able to absorb that decrease by using surplus funds from projects that had come in under bid and with other programs. This year, CDBG grant monies were reduced another 10 percent; however, the city did not have surplus funds to counteract the decrease. The HOME program used for various affordable housing projects had been significantly reduced by over 40 percent due to concerns raised by the federal government over the effectiveness of those funds nationwide and the emergency shelter grant program (ESG) was seeing a larger increase in funding but was still relatively small and used for homeless assistance in three various nonprofits and city programs. Those two programs, she added, were under the purview of Community Services Department. Council Member Eastman remarked that it appeared two CDBG recipients had been added and funds had been reduced to most agencies and increased to others. She also recalled there had been discussion last year regarding giving at least $10,000 to individual recipients. She asked the Community Services Director how the decision making process impacted the allocations for this next funding period. Mr. Lowe responded the recommendations for funding came directly from the Community Services Board (CSB), after reviewing applications and hearing recommendations from their subcommittee. Ashleigh Aitken, CSB chairperson, remarked this year there were two new groups added per the direction CSB received to not create a pattern in which the same organization was receiving funding each year. There were also two organizations that had received CDBG monies in the past that were not recommended for funding this year. She pointed out, Project Yes, a youth employment service, had their funding cut dramatically last year which necessitated closing their services one day a week. As a result, the Board took that into consideration and tried to restore funding to organizations that took a large hit last year. The two new agencies, she explained, were specifically addressing needs not being met by any other organization and the Board tried to equally allocate between programs that serviced children, job /employment programs and programs serving the elderly. A new program that focused on the mentally handicapped population, currently under - represented, was funded and the other new program funded was a jobs program that provided not only job skills training but was in partnership with Kaiser Permanente, who then placed these medical assistants to work helping the homeless. She added that the Board felt a program that developed a partnership with the business community should be rewarded. Council Member Eastman remarked that it would be helpful in the future to have those explanations included in the staff report as last year, she believed the direction of Council was about parity between organizations. Council Member Galloway thanked the nonprofit representatives who came out and shared their work and thanked the Community Services Board for recognizing the dynamics of the nonprofit Council Meeting Minutes of April 3, 2012 Page 10 of 16 world were changing and that it was important to recognize organizations addressing needs not being met. Council Member Murray wondered how nonprofit organizations providing these critical services could budget around the volatile year -to -year funding uncertainties. Ms. Aitken remarked the Board looked at other factors in the audits when making their determinations as some agencies were large and had endowments and alternative funding sources or fund- raising resources. The Board also considered whether a reduction would be detrimental to an organization. Council Member Murray remarked that questions had been raised as to why new organizations were added and the Board significantly reduced funding for nonprofits that historically received them. Ms. Aitken remarked that the direction given to the board was to seek new opportunities for the underserved or populations not served at all. This year there were two populations; i.e., the special needs and homeless community that were considered. She also pointed out that with federal funding there were extra layers of red tape that went along with it and last year some of the organizations that received the $10,000 contribution level returned those monies because the staff time and expense to file the paperwork depleted the value of the funding. All of them, she explained, were fully aware of the additional regulatory burden during the application process. She also pointed out the Board performed follow -up site visits throughout the year to see where funds were being utilized, the types of programs being implemented, and whether the programs met the criteria established in their applications. Council Member Sidhu asked if the City had other state or federal monies related to job training or skills training that could fund the two new organizations added for the 2012/13 year. Ms. Fletcher remarked the Anaheim Jobs Work Force Investment Office offered various job training opportunities and other types of services to people who became unemployed and could be reoriented. She added the CSB made an effort to see if the types of activities being proposed by nonprofits were programs which were above and beyond what the City currently offered. Council Member Sidhu inquired on what basis the funding was reduced for some recipients. Ms. Aitken remarked there was a council policy passed onto the Board after last year's process that no organization was to be allotted more than 20 percent of the total funding. She added the Board tried to take Council's direction to spread funding amongst all of the well deserving organizations when in prior years; there were certain organizations that received 30 to 40 percent of the total funding available. Council Member Sidhu did not recall that direction being given by council and Mr. Lowe responded he would check into it and report back. Council Member Sidhu requested that information on nonprofit agencies that applied for and were rejected be included in future staff reports. Council Member Eastman concurred with that request, stating it would be a valuable part of the staff report as well as other information related to her earlier questions which would help with understanding the decision - making process. She added that, like Council Member Sidhu, she did not recall direction by Council to limit funding by a percentage threshold. Mayor Tait moved to approve Item No. 11, seconded by Mayor Pro Tern Galloway. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. D113 24. Review the authorities guiding the council agenda setting process and rules of conduct of a council meeting and direct staff to draft policies to outline any approved revisions. Acting City Manager Bob Wingenroth remarked that at the March 24 meeting, staff was requested to conduct an internal review of all governing laws including the City Charter, City Council Meeting Minutes of April 3, 2012 Page 11 of 16 rules procedures and past practices to insure Council deliberations and actions related to agenda setting and parliamentary procedure reflected and were consistent with the provisions of the Charter and Robert's Rules of Order. The City Clerk, working with City Manager's Office and City Attorney's Office, performed an initial review of agenda setting and parliamentary procedure. City Clerk Linda Andal reported staff reviewed two specific areas, the agenda setting process and the city's Rules of Order. A side -by -side comparison of current practices against the applicable governing rules and policies concluded that the City's current practice complied with the applicable rules set by both local and state laws. However, she noted, these rules also allowed Council the flexibility to legally revise its current practice and rules. Regarding agenda setting, currently by past practice, the Mayor could place an item on a future agenda through the City Manager's Office. She indicated a Council Member, during council communications, could also request items be placed on an agenda provided a majority of Council did not object. This rule had been set by past practice and had been outlined in the Council Handbook. The Brown Act, she explained, provided that any member of a council or the body itself, subject to rules and procedures of the legislative body, may direct staff to place an item on a future agenda. The City's Charter, specifically, Section 504,was also consistent with the Brown Act in that it too recognized equal governance that all members of the City Council had the same rights, privileges, powers and duties with some noted exceptions. Ms. Andal added staff recommended Council review the options provided in the staff report and direct staff to return to Council with a formal policy for adoption. She provided the three options -that Council could choose from or consider an option not listed. Those options were: 1) to maintain the current practice which required Council Members to request future items during council communications provided there was no majority objection. This option would also allow the Mayor to place future items on the agenda through the City Manager's Office; 2) to require all members of the City Council to request future agenda items during council communications provided there was no majority objection; and 3) to require a majority of Council, during council communications, to vote an any requested future agenda item. Regarding the City's Rules of Order, Ms. Andal stated Council had adopted the amended and restated rules of order in its entirety last February. She added that rules of order were basic parliamentary procedures which assisted in the orderly conduct of council meetings. Another form of rules which other agencies adopted or used was Robert's Rules of Order and although the City had not formally adopted them, it was referenced. She added Robert's Rules was designed to address various types of meetings, not just council meetings, and due to the broad range of meeting scenarios that Robert's Rules highlighted, staff was not able to complete the comparison against city current rules. To insure a complete and thorough review was conducted, Ms. Andal remarked, staff requested additional time to review the city's rules against Robert's Rules. She further added that since Roberts Rules was widely used and the City referred to it on occasion, to insure safeguards were in place when the city's rules did not address certain parliamentary procedures, she advised that council might wish to consider revising the current rules to adopt Roberts rules as a supplement. Council Member Murray remarked she had requested this item for consideration as Robert's Rules was an internationally accepted form of deliberation for legislative bodies and where the city's rules differed; she recommended Robert's Rules prevailed. She stated the handbook called out governing practices separate from the Charter and the Brown Act, and that it had not been reviewed publicly or approved formally by the council. She would like to see Council Council Meeting Minutes of April 3, 2012 Page 12 of 16 review the handbook and see it reflect the governance outlined in the Charter and the Brown Act, and subsequently open it up for deliberation and at some point formally review and approve the document. Council Member Eastman concurred, stating she liked the idea of allowing staff to continue to work on the review of Robert's Rules of Order and to bring this back with training or as a workshop or closed session item. Council Member Murray moved to have staff continue to work on the review, including Robert's Rules of Order and to return with a comparison and a policy for council to consider that stated Robert's Rules of Order prevailed if and when there was a grey area. In addition, regarding agenda setting or other meeting purposes, she would like the policy to reflect the Charter, and that it would be discussed as a formal policy to be considered by council. For clarification purposes, Ms. Andal indicated Council could deliberate this evening and direct staff to return to Council with a specific policy related to the agenda process. She noted Council could select any one of the three options provided in the staff report or consider any other option, and for the next meeting on the 17 a policy could be presented based on Council's direction. Council Member Sidhu moved to direct staff to approve option 3, to develop a policy to require a majority of council during council communications to vote on any future agenda item, seconded by Council Member Murray for discussion purposes, asking if this required a vote at the meeting to move the request. Ms. Andal responded option 3 would require a motion, a second and vote by majority to pass with no deliberation. Council Member Eastman explained she would be more comfortable with an informal request for placing an item on a future agenda which would go forward unless there was a majority objection raised. Mayor Tait felt the current process was transparent, in which any member of the council could request a future agenda item from the dais and with no objection, it would be scheduled. In addition, the Mayor could also place an item on an agenda if something came up between the scheduled meeting dates to discuss publicly. Council Member Galloway strongly opposed option 3 stating it took away the Mayor's authority and expressed her thoughts that this was punitive. After additional discussion on this option and the Sr. Assistant City Attorney's remarks that a substitute motion could not be offered in its place, Council Member Sidhu withdrew his motion. Council Member Eastman moved to continue review of the handbook and the comparison of current practices versus Robert's Rules of Orders and to consider making this a formal policy. Mayor Tait responded that the agenda setting process was one item of the handbook and asked the City Clerk to confirm the Rules of Order was already approved. Ms. Andal pointed out there were two separate issues, the Rules of Procedures were parliamentary rules to conduct an efficient council meeting and the agenda setting process was a past practice by former councils and had been carried over and formalized in the council handbook. The handbook, she pointed out facilitated council's business and included the most commonly used reference materials and incorporated them within the handbook, including various laws, FPPC regulations, and adopted council policies. Council Member Murray emphasized the handbook should be a formal policy. Mayor Tait then moved to direct staff to: 1) Draft a formal policy to continue with Council's current practice to allow any Council Member, during council communications, to place items on a future agenda provided a majority of Council did not object and allowing the Mayor to place items on a future agenda through the City Manager's office. 2) Direct staff to continue reviewing the City's Rules of Order, Council handbook, current policies and provide a report with any differences and to further revise the City's policies to include language that would allow Robert's Council Meeting Minutes of April 3, 2012 Page 13 of 16 Rules to prevail if there were any differences between the City's rules and Robert's Rules. Roll Call Vote: Ayes — 4: (Mayor Tait and Council Members: Eastman, Galloway and Murray.) Noes — 1: Council Member Sidhu. Motion Carried. R100 CITY COUNCIL, ACTING AS SUCCESSOR AGENCY TO THE ANAHEIM REDEVELOPMENT AGENCY 25. RESOLUTION NO. 2012 -029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, ACTING AS THE SUCCESSOR AGENCY TO THE ANAHEIM REDEVELOPMENT AGENCY, approving an Amended Recognized Obligation Payment Schedule for July 1, 2012 through December 31, 2012 and authorizing certain other actions pursuant to Section 34177 of Part 1.85 of the California Health and Safety Code. Mayor Pro Tern Galloway moved to approve RESOLUTION NO. 2012 -029 OF THE CITY OF ANAHEIM ACTING AS THE SUCCESSOR AGENCY TO THE ANAHEIM REDEVELOPMENT AGENCY, approving an Amended Recognized Obligation Payment Schedule for July 1, 2012 through December 31, 2012 and authorizing certain other actions pursuant to Section 34177 of Part 1.85 of the California Health and Safety Code, seconded by Mayor Tait. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. C280 PUBLIC HEARING: 26. ENVIRONMENTAL IMPACT REPORT NO. 2011 -00344 RECLASSIFICATION NO. 2011 -00247 (DEV2011- 00099) OWNER: City of Anaheim and Orange County Flood Control District APPLICANT: Anaheim Convention, Sports and Entertainment, 800 West Katella Avenue, Anaheim, CA 92802 LOCATION: 2695 East Katella Avenue The applicant proposes the following: an increase to the number of events held at Honda Center for a total of up to 222 annual events in order to accommodate an additional sports franchise tenant without decreasing the number of events currently held at facility; physical improvements to the arena building including interior modifications and an exterior expansion; and, to rezone approximately 22.5 acres of the 42.5 -acre Honda Center site from the T (PTMU) (Transition - Platinum Triangle Mixed - Use Overlay) Zone to the PR (PTMU) Zone (Public Recreational - Platinum Triangle Mixed -Use Overlay) Zone in order to provide a consistent zoning designation for the entire site. ENVIRONMENTAL DETERMINATION: Environmental Impact Report No. 2011- 00344. ACTION TAKEN BY THE PLANNING COMMISSION: Recommend City Council Certification of Environmental Impact Report No. 2011 -00344 (Resolution No. 2012 -010) and approval of Reclassification No. 2011 -00247 (Resolution No. 2012 -011) (DEV2011- 00099). VOTE: 4 -1 (Chairman Agarwal and Commissioners Faessel, Lieberman and Seymour voted yes. Commissioner Ramirez voted no. Commissioner Persaud was absent. One Commission vacancy). RESOLUTION NO. 2012 -030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM certifying Final Environmental Impact Report No. 2011 -00344 and adopting findings of fact and statement of overriding considerations and Mitigation Council Meeting Minutes of April 3, 2012 Page 14 of 16 Monitoring Plan No. 303 for the Honda Center Enhancement Project (DEV 2011- 00099). ORDINANCE NO. 6240 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (DEV2011- 00099) (Reclassification No. 2011 - 00247) (Honda Center Enhancement Project). City Clerk Linda Andal provided information on the Quasi - Judicial public hearing process and the new time limitations imposed during the public comment portion of the hearing. Sheri Vander Dussen, Planning Director, reported in June of 1990, Council approved construction of the Honda Center, designed to host two professional sports franchises. Since its opening in 1993, she remarked, the Arena had been home to the Anaheim Ducks and hosted a significant number of world class entertainers and events. Owned by the City and managed by Anaheim Arena Management, she explained this partnership worked to enhance the existing facility for current events and attendees and to bring a second professional sports franchise to Anaheim. The Honda Center enhancement project included three major elements: an increase in the number of annual events to accommodate a second sports franchise, a zone change to provide consistent zoning for the entire site and physical improvements to the Honda Center, including the Grand Terrace addition. Ms. Vander Dussen reported the Environmental Impact Report (EIR) analyzed the impacts associated with these actions and the original EIR approved in 1990, analyzed impacts associated with hosting up to 162 events per year or approximately three events per week. She stated the City and Anaheim Arena management would like to increase the maximum number of events to 222 per year or approximately four events per week which would allow the Honda Center to accommodate a second sports franchise without eliminating other events currently held at the facility. This increase in events would not change the arena's seating capacity and would not change the types of impacts that occurred on a per event basis, but the same impacts that currently happened an average of three times per week would happen an average of four times a week. She explained the zone change was needed as the Honda Center site currently had two different zoning designations, a Public Recreation zone and a Transition zone. Ms. Vander Dussen explained the Public Recreation zone was intended to accommodate public facilities as an appropriate zone for the entire site. She added the proposed reclassification would rezone the entire property to the Public Recreation zone so there would be a consistent and appropriate zoning classification on the entire site. This February the groundbreaking of the Grand Terrace project occurred, which included a two - level, 42,000 square foot building expansion on the south side of the Arena, to enhance the dining and shopping experience for all event attendees. As a stand -alone project, she noted, the addition of the Grand Terrace did not require any discretionary approval that would trigger environmental review under state law. However, because this project was occurring concurrently with the request to increase the number of events as well as the zone change, it was included in the EIR analysis. The EIR concluded that even with mitigation, impacts to air quality, greenhouse gas emissions and traffic would remain significant, however, CEQA did allow decision makers to balance the significant impacts of a project against its benefits in determining whether to certify an EIR. The EIR concluded that the benefits of the project outweighed its unmitigated impacts. Council Meeting Minutes of April 3, 2012 Page 15 of 16 The benefits for the Honda Center enhancement project were identified; it would contribute toward the expansion of a world class sports and entertainment facility and would create hundreds of temporary and permanent jobs. It could also stimulate new investment and consumer activity in the city and region. Ms. Vander Dussen indicated the use of an existing facility for this purpose which was located in an area designated for mixed use development and had excellent accessibility to transit would also reduce potential impacts that could occur from construction of a new arena in an area without those amenities. She reported the Planning Commission reviewed the request and recommended Council certification of the EIR and approval of the zone change. Mayor Tait opened the public hearing asking the applicant to offer comments. Tom Morton, Convention, Sports and Entertainment Department, thanked both Planning Department and Public Works staff for their efforts on this project and urged Council's support and certification of the EIR. Mayor Tait asked for comments from the the public residing in the noticed area, with no comments offered, Mayor Tait then asked for remarks from any member of the public. William Fitzgerald, Anaheim Home, opposed the project citing the loss of 22.5 acres of parking space and remarking the money used on the Honda Center enhancement project could be put to better use. Council Member Sidhu moved to approve RESOLUTION NO. 2012 -030 OF THE CITY OF ANAHEIM certifying Final Environmental Impact Report No. 2011 -00344 and adopting findings of fact and statement of overriding considerations and Mitigation Monitoring Plan No. 303 for the Honda Center Enhancement Project and to introduce ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (DEV2011- 00099) (Reclassification No. 2011- 00247) (Honda Center Enhancement Project) Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. Report on Closed Session Action: None Council Communications: Council Member Eastman requested staff meet with the Rancho Del Rio Equestrian Center to work on a longer term lease on this city -owned property. She also followed -up on Mr. Turner's comments offered earlier and asked the city to evaluate his comments that the City's utility charging stations were not upgraded to accommodate the newest electric vehicles and along with a possible change in the parking restriction which made it difficult to use the charging stations. She spoke of her attendance at the Rotary Club Easter Egg Hunt and congratulated all involved on the successful Boys and Girls Club Gala fundraiser. She announced the Anaheim Transportation Network expansion of their services into Buena Park and Santa Ana, and the Assistance League Fashion Show scheduled for April 14 at the Disney's California Grand Ballroom. Council Member Sidhu announced the Central Orange County Job Fair to be held at the Fountain Valley Recreation Center on April 11 the Anaheim OC Job Fair on June 13th at the Council Meeting Minutes of April 3, 2012 Page 16 of 16 Convention Center and the 6 th Annual Health Fair on June 3 at the West Anaheim Medical Center. Mayor Pro Tem Galloway spoke of the East Street Renewal Initiative which hosted the first Flashlight walk in the neighborhood of Anna Drive, an impoverished area with serious gang and crime issues. The walk had brought attention and support to the needs of the area and the residents were grateful and appreciative for the city's involvement. She also recognized city employee, Tim Young, Fire Department, 28 year employee. Council Member Murray thanked the non - profit organizations for their work on behalf of the community acknowledging the critical funding needs they faced. She spoke about the recently filed Notice of Intent to Circulate a Petition and requested the appointment of Mayor Pro Tem be placed on the next agenda for reconsideration. Mayor Tait stated the role of Mayor Pro Tem handled the duties of Mayor in his absence and added that Mayor Pro Tem Galloway and former Mayor Pro Tem Sidhu handled many on his behalf. He provided his support on the initiative. Adjournment: At 8:07 P.M., with no further business to conduct, the meeting was adjourned. tfully submitted, Linda N. Andal, CIVIC City Clerk