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2012/07/10ANAHEIM CITY COUNCIL REGULAR ADJOURNED MEETING OF JULY 10, 2012 The Anaheim City Council regular meeting of July 10, 2012 was called to order at 3 :00 P.M. and adjourned to 4:30 P.M. for lack of a quorum. Mayor Tait called to order the regular adjourned meeting of July 10, 2012 at 4:38 P.M. PRESENT: Mayor Tom Tait and Council Members Gail Eastman, Lord Galloway, Kris Murray and Harry Sidhu STAFF PRESENT: City Manager Bob Wingenroth, City Attorney Cristina Talley, and City Clerk Linda Andal ADDITIONS /DELETIONS TO THE CLOSED SESSION AGENDA: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION: At 4:43 P.M., Council recessed to closed session for consideration of the following items: 1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: A White and Yellow Cab v. City of Anaheim, Orange County Superior Court Case No. 2012 - 00579274 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Moreno et al. v. City of Anaheim, Orange County Superior Court Case No. 2012 - 00579998 At 5:23 P.M., City Council session was reconvened. Invocation: Pastor Greg Tucker, Hope Community Church of Anaheim Flag Salute: Mayor Pro Tern Harry Sidhu ADDITIONS /DELETIONS TO THE AGENDA: PUBLIC COMMENTS (all agenda items, except public hearings): Cecil Corcoran Jordan reported on the status of Outreach Homeless Ministries. James Robert Reade commented on the responsibility and culpability of parents related to gang activities. Council Meeting Minutes of July 10, 2012 Page 2 of 13 An unidentified speaker spoke of the increased criminal activity in her neighborhood, pointing to recent burglaries, homicides and violent assaults. Mayor Tait remarked her points were well taken and requested the Police Chief discuss and address her concerns. William Fitzgerald, Anaheim HOME, voiced his concern that Latino residents were not represented on the City Council, offering his historical perspective on why this was occurring. Greg Larson, resident, emphasized that with the passing of medical marijuana laws, the state did not update its testing regulations for those who used medical marijuana at home. Joseph Cardenas, referencing the police department investigation urged accountability for any officer involved unjustified force and asked that the community be involved in the process. John Santioanni, resident, encouraged Council to put the Take Back Anaheim initiative to the voters in light of the recent information that 7,000 additional signatures were needed to meet the newly identified 15 percent of voters to quality for the ballot. Sonia, sister of Martin Cruz stated there were many questions surrounding the death of her brother on March 26, 2012 and the family wanted answers from the investigation. Ana, Martin Cruz's sister, read a letter from his mother regarding the death of her son and the resulting impact to the family. Carol Latham stated her term on the Arts Council was ending and she wished to express her thanks for Council and staff for their support of the arts in Anaheim. Dorothy Rose, Orange County Symphony, expressed disappointment that the July 7 th POPS concert was postponed. She announced a free three -day series of concerns open to the community in Brea on Birch Street on July 15 — 17 th , inviting all to attend. Larry Larson, resident, protested that incorrect information had been given as to the numbers of signatures needed to place Take Back Anaheim's initiative on the November ballot. He added there was tremendous support from the community on this initiative and the organization was continuing its signature gathering efforts, adding that it was in the best interests of the city that council take action to place this initiative on the ballot. Renee, citizen, remarked on the need for complete transparency regarding the police department investigation along with justice, accountability and change. Jose Vargas, Orange County Young Democrats, supported the Take Back Anaheim initiative, remarking there were thousands of supporters who sought an opportunity to vote on the issue of developer incentives. John Leos, resident, encouraged the city to consider a party ordinance similar to an ordinance enacted in Newport Beach, legislation that would be discussed in future community district meetings, A west Anaheim resident stated that while he disagreed with council's philosophies, he had never experienced racial discrimination from city leaders, pointing out the way to change the city's beliefs was to elect council members with other viewpoints. Andrew Cho, Central District, addressing council appointments to be considered this evening, remarked he had worked 20 years in the private sector managing a corporation, owned an IT Council Meeting Minutes of July 10, 2012 Page 3 of 13 company in Anaheim and would consider it an honor and privilege to serve on the Budget and Technology Commission. An unidentified speaker thanked the city for agreeing to independent investigation of the police department, adding if there was any injustice, he expected the residents to be informed. Amid David, resident, protested an earlier commentator photographing those who spoke during public comments, adding it was intimidating to some and asking if this practice was permissible. Michael Baker reported the Boys and Girls Club were averaging 460 youngsters a day attending four sites that were open this summer. He added with the leadership of his board, which included professional business leaders; he was able to maximize revenues and increase the hours of operation to serve more youths. Connie, residing in Hermosa Village reported her neighborhood was having problems again and requested a meeting with the Police Department and the security company regarding security issues. Theresa discussed officer involved shootings, pointing out a complaint form was still not available at the Sunkist Library as was promised. She encouraged the use of an outside agency to handle the police investigation and asked that the community be involved as well. Vic Real, resident, thanked Council for hosting a council meeting in west Anaheim, remarking that everything that had been done for the west Anaheim community was much appreciated by the residents. Joanne Sosa, resident, remarked that in the last few months Anaheim had witnessed a movement based on citizen discontent on a number of issues arising from city government. She urged council to place the Take Back Anaheim initiative on the local ballot. Enzo Vargas remarked there was growing dissent with city government and he hoped the tax subsidy initiative would be placed on the November ballot to allow citizens to vote. Esther Wallace, West Anaheim Neighborhood District, thanked Council for hosting a council meeting in west Anaheim. She reported the recent neighborhood watch meeting had 91 attendees voicing their concerns over prostitution activities on Beach Boulevard and she appreciated the resources the city had committed to resolving this priority issue. CONSENT CALENDAR: Mayor Tait reported a potential conflict of interest on Item No's 18 and 23 as his firm had worked with the parties involved and he would therefore record an abstention vote. He also removed Item Nos. 1, 2, and 20 for further discussion. Council Member Eastman moved to waive reading in full of all ordinances and resolutions and to approve the balance of the consent calendar as presented, seconded by Mayor Pro Tem Sidhu. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried 3. Direct and authorize staff to review the City's Conflict of Interest Code in accordance D113 with state law. Council Meeting Minutes of July 10, 2012 Page 4 of 13 4. Determine, on the basis of the evidence submitted by the property owner's AGR -5230 representative, that K/L Anaheim Properties I LLC and K/L Anaheim Properties II LLC have complied in good faith with the terms and conditions of Development Agreement No. 2008 -00002 for the 2011 review period for the project located at 915 East Katella Avenue consisting of a 312 -unit condominium complex, a 192,000 square foot office building and a 130 -room hotel with a 7 -story parking structure. 5. Determine, on the basis of the evidence submitted by the owner of the property, that Ronald W. Marshall and Deborah L. Marshall Trust, The Marshall Family Trust and See AGR -5025 Development Limited Partnership have complied in good faith with the terms and conditions of Development Agreement No. 2007 -00002 for the 2011 review period for the project located at 1015 and 1105 E. Katella Avenue consisting of a 327 -unit condominium project and 9,500 square feet of commercial space. 6. Waive the sealed bid requirements of Council Policy No. 4.0 and ratify a purchase order D128 to Presentation Services Audio Visual, in the amount of $84,167.50, for emergency repairs of the Convention Center Arena fixed point rigging system. 7. Accept the lowest responsive bid of Quinn Company, in the amount of $137,550 plus D128 tax, to replace one existing paving machine that has become non - operational for the Public Works Department, in accordance with Bid # 7664. 8. Award the contract to the lowest responsible bidder, Hondo Company, Inc., in the AGR -7263 amount of $119,329, for the Palm Lane Park Area Improvements project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 9. Approve and adopt the Relocation Plan for the Lakeview Avenue Widening South of the D175 Orange County Bridges Grade Separation project. 10. Approve an Engineering Services Agreement with Iteris, Inc., in an amount not to AGR -7264 exceed $974,046, for the Lincoln Avenue Signal Coordination project 11. Approve a Cooperative Agreement with City of Orange and State of California Department of Transportation for implementation of signal synchronization on Lincoln AGR- 7264.1 Avenue (Lincoln Avenue /Knott Avenue to Nohl Ranch Road /Imperial Highway). 12. Approve the Second Amendment to Agreement with LJG Partners, Inc., increasing the agreement by $20,000 for a new not -to- exceed amount of $126,500, for services related AGR - 6049.2 to AConnext.corn and the Anaheim Rapid Connection Project. 13. Approve and authorize the Director of Public Works to execute and take necessary actions to implement the Right of Way License Agreement OC -224, and related AGR -7265 documents, with Orange County Transportation Authority for the operation and maintenance of an underground street light system crossing the railroad at Jefferson Street. 14. Approve the First Amendment to Agreement with Osborn Architects, in an amount not to exceed $52,395, for the planning, schematic design, preparation of construction AGR -7265 documents, construction observation, and post - construction services for the Miraloma Park and Community Center project located at 2600 East Miraloma Way. Council Meeting Minutes of July 10, 2012 Page 5 of 13 15. Approve and authorize the City Manager, or his designee, to execute and administer a AGR- 5845.0 Workforce Investment Act Vendor Agreement, and any amendments, with California Truck Driving Academy, LLC for occupational skills training. 16. Approve a License Agreement with Bike Nation, Inc. relating to the operation of a self - AGR -7266 service bicycle sharing system and authorize the City Manager to execute such license agreements, amendments to license agreements, and any other agreements as may be necessary to implement the provisions of Ordinance No. 6235. 17. Approve and authorize the Public Utilities General Manager to execute and take necessary actions to implement and administer an agreement, and any other related documents, with Caterpillar, Inc., in the annual sum of $73,000, with two one -year AGR- 6167.1.A renewal options not to exceed $219,000, to provide safety culture services for the Public Utilities Department. 18. Approve and authorize the Public Utilities General Manager to execute and take necessary actions to implement the Aerial to Underground Conversion Agreement, and related documents, with Pacific Bell Telephone Company, dba AT &T California to AGR -7267 replace existing overhead facilities with underground facilities for the Packing District Project. Abstention by Mayor Tait due to a potential conflict of Interest. Roll Call Vote: Ayes — 5: (Mayor Pro Tem Sidhu and Council Members: Eastman, Galloway and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion to approve carried. 19. Approve the Second Amendment to the Concession Agreement with Nederlander- Grove, LLC authorizing Nederlander to negotiate and enter into an exclusive agreement, subject to City's approval, for all food and beverage services at the City National Grove AGR- 1843.0.32.2 of Anaheim. 21. RESOLUTION NO. 2012 -079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim P124 certain real properties or interests therein (City Deed Nos. 11486, 11487, 11488, 11489, 11490 and 11491). 22. RESOLUTION NO. 2012 -080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim P124 certain real properties or interests therein (City Deed Nos. 11500, 11501, 11502 and 11503). 23. RESOLUTION NO. 2012 -081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an agreement for the purchase and sale of real property by and between the City of Anaheim and the Orange County Transportation AGR -1460M Authority; authorizing the Public Works Director to negotiate the terms of and enter into any agreement consistent with the agreement for the purchase and sale of real property; authorizing the Public Works Director, or her designee, to execute and administer such agreements; and making certain other findings in connection therewith (1750 South Douglass Road; ARTIC project). Council Meeting Minutes of July 10, 2012 Page 6 of 13 24. RESOLUTION NO. 2012 -082 A RESOLUTION OF THE CITY COUNCIL OF Pilo THE CITY OF ANAHEIM vacating two public utility easements located at 3323 West Ball Road pursuant to California Streets and Highway Code Section 8330, et seq. - Summary Vacation (Abandonment No. AB2011- 00244). Abstention by Mayor Tait due to a potential conflict of Interest. Roll Call Vote: Ayes — 5: (Mayor Pro Tem Sidhu and Council Members: Eastman, Galloway and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion to approve carried. 25. RESOLUTION NO. 2012 -083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a R100 grant application on behalf of the City of Anaheim, with the Governor's California Emergency Management Agency of Emergency Services (CAL EMA), authorizing the Chief to execute all required grant documents, and authorizing the acceptance of such grant on behalf of the City and amending the budget for the fiscal year 2012 -13 accordingly. 26. RESOLUTION NO. 2012 -084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Fire Chief or his designee to submit a grant R100 application on behalf of the City of Anaheim to the Office of Domestic Preparedness of the Department of Homeland Security for the fiscal year 2012/2013 Assistance to Firefighters Grant Program (AFGP) and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal year 2012/2013 accordingly. 27. RESOLUTION NO. 2012 -085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying and approving the action of the Fire Chief, or his designee, in submitting grant applications on behalf of the City of Anaheim, with the R100 California Emergency Management Agency, through the 2009, 2010 and 2011 Homeland Security Grant Programs, and in accepting such grant funds on behalf of the City and approving inclusion of such funds in the respective budgets for fiscal years 2009 -2010, 2010 -2011, 2011 -2012 and 2012 -2013. 28. RESOLUTION NO. 2012 -086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Community Services or his designee to submit a grant on behalf of the City of Anaheim for funds to improve the R100 basketball courts in Manzanita Park, authorizing the Director to execute all required grant documents and to accept the grant on behalf of the City. Authorize the Director of Community Services, or his designee, to act as the agent of the City on all matters concerning this grant program. 29. ORDINANCE NO. 6249 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 18.108.040.080 of Chapter 18.108 of Title 18 of M142 the Anaheim Municipal Code relating to permitted signs for Festival Specific Plan No. 90 -1 (Specific Plan Amendment No. 2012 - 00062). 30. Approve minutes of the Council meeting of June 5, 2012. Council Meeting Minutes of July 10, 2012 Page 7 of 13 END OF CONSENT CALENDAR D160 1. Receive and file the Beach Boulevard corridor update report. Mayor Tait introduced this item, announcing that a few months ago he had attended a neighborhood meeting regarding Beach Boulevard concerns which resulted in staff investigating the complaints and developing a strategic plan to address the problems. Police Chief John Welter explained that staff had developed a comprehensive plan to address the crime problems and disorder on Beach Boulevard, a holistic plan involving the arrest of offenders but also including the community, both residential and business owners, becoming more involved to improve the safety of the neighborhood. Police Captain Jarrett Young reported the Beach Boulevard problem solving project originated last August in response to concerns raised by residents. The Department identified relevant stakeholders who were invited to participate in a discussion forum on July 23` to identify problems associated with this area. Vice, Narcotics and Criminal Intelligence Detail in cooperation with the West District Community Policing Team, would specifically address complaints concerning prostitution activity between Lincoln Avenue and Ball Road. Once this information was digested and analyzed, the group would collaborate on specific recommendations for a comprehensive plan to resolve the various crime programs identified. Captain Young remarked that although analysis was on- going, it was the Department's preliminary position that the volume and nature of calls within that area were due in some part to poor business practices of some of the motels along Beach Boulevard. Efforts would be designed to address location, suspect and victim aspects of the crime triangle, with the status being reported at each Police Department Crime Analysis Problem Solving meeting as well as the West Anaheim Neighborhood District and West District Neighborhood Council meetings. He added that strong support and involvement from the community and staff was evident during meetings, with flashlight walks, outreach efforts to business owners, and the creation of a neighborhood watch. He indicated a comprehensive plan would address problems with patrol officers taking a proactive approach to current crimes Mayor Tait appreciated this was a well- rounded approach, for both short term and long term solutions. Council Members Murray, Galloway and Eastman concurred in the comprehensive tactics being used and in engaging all the stakeholders in this effort. Council Member Eastman moved to receive and file the Beach Boulevard Corridor update, seconded by Council Murray. Roll Call Vote: Ayes — 5: Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu. Noes — 0. Motion Carried. 2. Approve the appointment of Debbie Moreno to the position of Finance Director effective D154 with the current pay period. City Manager Bob Wingenroth recommended the appointment of Debbie Moreno to the position of Finance Director, remarking that as Acting Finance Director, she had demonstrated leadership and management skills, worked effectively with employees at all levels of the organization and was not only a master of numbers, but was focused on the City's goals and priorities. Council Meeting Minutes of July 10, 2012 Page 8 of 13 Mayor Tait moved to approve the appointment of Debbie Moreno as Finance Director, seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. 20. Approve the Release & Agreement to Defend, Indemnify and Hold Harmless authorizing D160 the transfer of ownership of retired Police Service Dog Recon to Officer Ryan Schmidt. Mayor Tait thanked " Recon" for his service to the city in the K -9 unit and also thanked Officer Schmidt for taking on the retired dog. Mayor Tait then moved to approve Item No. 20, seconded by Council Member Galloway. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. 31. Consider appointments to city Boards and Commissions where those terms expire June 30, 2012 and fill an unscheduled vacancy on the Sister City Commission, term to expire B105 June 30, 2014. All scheduled vacancies will be for a term of four years, expiring June 30, 2016, except the Sister City Commission appointment where the terms are for three years, ending June 30, 2015 (Continued from the Council meeting of June 19, 2012, Item No. 30). Budget, Investment and Technology Commission: Appointment: Andrew Cho appointed (vacancy of Mehdi Reza Hirji) Appointment: Mark Mittmann appointed (vacancy of Mark Whitaker) Council Member Galloway nominated Andrew Cho to the Budget, Investment and Technology Commission; Mayor Tait nominated Christopher Nguyen and Council Member Eastman nominated Mark Mittmann. Roll Call Vote for Andrew Cho reflected 5 Ayes and Mr. Cho was unanimously appointed to the Commission. Roll Call Vote for Christopher Nguyen reflected Ayes — 1: (Mayor Tait), Noes — 0; Abstentions — 4: (Council Members: Eastman, Galloway, Murray and Sidhu.) The Roll Call Vote for Mark Mittmann reflected Ayes — 4: (Mayor Tait and Council Members: Eastman, Murray and Sidhu.) Noes — 0. Abstention — 1: (Council Member Galloway). Mr. Mittmann was then appointed to the Budget, Investment and Technology Commission Community Center Authority: Appointment: Maurice Turner appointed (vacancy of Larry Slagle) Council Member Eastman nominated Maurice Turner to the Community Center Authority and with no other nominations offered, Mr. Turner was unanimously appointed to the position. Council Meeting Minutes of July 10, 2012 Page 9 of 13 Community Services Board: Appointment: Frances Noteboom appointed (vacancy of Julia Wright) Council Member Murray nominated Frances Noteboom to the Community Services Board and Mayor Tait nominated Rudy Gaona. Roll Call Vote for Frances Noteboom — Ayes — 3: (Mayor Pro Tern Sidhu and Council Members Eastman and Murray.) Noes — 0. Abstention — 2: (Mayor Tait and Council Member Galloway). Roll Call Vote for Rudy Gaona: Ayes — 2: Mayor Tait and Council Member Galloway. Noes — 0. Abstentions — 3:(Council Members: Eastman, Murray and Sidhu) Mrs. Noteboom was appointed to the Community Services Board. Sister City Commission: Appointment: Deborah Juliani appointed (term ending June 30, 2014) (Unscheduled vacancy of Shannon Buhrmaster) Appointment: Anthony L. Genei appointed (term ending June 30, 2015) (Vacancy of Kyoko Smith) Mayor Tait nominated Deborah Juliani who was unanimously appointed to the Sister City Commission. Council Member Eastman nominated Anthony L. Genei who was also unanimously appointed to the Sister City Commission. At 6:56 P.M., the public hearings were considered. PUBLIC HEARINGS: 32. This is a public hearing to consider a resolution confirming the diagram and assessment and providing for the levy of the annual assessment in and for the Anaheim Resort D175 Maintenance District for fiscal year 2012/13. RESOLUTION NO. 2012 -087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM confirming the diagram and assessment and providing for the levy of the annual assessment in and for The Anaheim Resort Maintenance District. Public Works Superintendent Dan Oregel reported in July of 1991, the Anaheim Resort Maintenance District was formed by a vote of Resort property owners to levy an assessment on themselves to insure the long term quality of maintenance and repair of the unique public improvements within the Resort area. He noted the levy and special assessments paid for the cost of annual maintenance within the district and were applied to those parcels that specifically benefitted from the enhanced maintenance and improvements. He also indicated that on June 19 of this year, Council initiated proceedings for the annual levy of assessments for FY 2012/13, accepted the Assessment Engineer's Report and established Council Meeting Minutes of July 10, 2012 Page 10 of 13 July 10, 2012 as the public hearing date. He added the resolution being considered for adoption confirmed the final assessments, directed the City Clerk to file a certified copy with the County Auditor - Controller and authorized that agency to enter the assessments into the County assessment roll, a step necessary towards the FY 2012/13 annual funding of the Resort Maintenance District. Mr. Oregel emphasized there was no impact on the general fund and the levy would generate about $4.4 million to be deposited into the Anaheim Resort Maintenance District fund for the operation and maintenance of the district. Mayor Tait opened the public hearing for comments. William Fitzgerald, Anaheim Home, objected to this ordinance, stating Disneyland profited as the average street frontage assessment basis placed Disney proportionally smaller than other resort business and therefore paying less into the Resort Maintenance District. He claimed other political allegations unrelated to the ordinance. Council Member Murray responded that neither she nor Council Member Eastman received gifts or payment for services by the SOAR citizen advisory community board they supported, adding that any gifts received during the year were reported in the 700 Forms available on the city's website for each councilmember. With no other comments offered, Mayor Tait closed the public hearing. Mayor Pro Tern Sidhu moved to approve RESOLUTION NO. 2012 -087 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM confirming the diagram and assessment and providing for the levy of the annual assessment in and for The Anaheim Resort Maintenance District, seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. 33. This is a public hearing to consider two resolutions approving fee schedules for certain annual fees and services rendered by the Fire Department's Fire Prevention Division D129 and Hazardous Materials Section, A. RESOLUTION NO. 2012 -088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM revising fees for services rendered by the Anaheim Fire Department, establishing the effective date of fees and rescinding Resolution No. 2010 -134. B. RESOLUTION NO. 2012 -089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM relating to fees and penalties in connection with implementing the Unified Hazardous Waste and Hazardous Material Management Regulatory Program Act and rescinding Resolution No. 2010 -097. Fire Chief Randy Bruegman explained the two resolutions proposed for council's consideration related to fees for fire and hazardous materials inspections. He indicated the Life Safety Section of the Fire Prevention Division currently had a schedule of fees that contained multiple options for performing annual fire inspections on annualized basis. Since this system was put into place in 2005, the Department focused on shifting from a prescriptive to a risk -based inspection formula and had been working the last 18 months to evaluate what inspection practices had been and what they should be for the future. In October of 2011, staff took this concept to the Mayor's Regulatory Relief Task Force and received feedback. Council Meeting Minutes of July 10, 2012 Page 11 of 13 Current cost recovery of fees were based on the actual hourly rate of fire inspectors providing the service, or $220 an hour and the recommendation was to change that fee to $63 per hour, eliminating inconsistent practices of charging some businesses for inspections and performing some at no charge. In addition, no matter how many permits were needed for the operation of their businesses, the maximum charge would be $192. Currently, Chief Bruegman reported the maximum amount charged could be $3,300. He added the Task Force recommended that every inspection should reflect a fair charge and that the number of inspections required and the frequency of those inspections should be based on risk. He added a hazardous material facility would be inspected annually and an office building with low volume and low risk would be moved to a five -year inspection. These changes were reflected in Resolution 33A. Chief Bruegman stated Resolution 33B reflected the hazardous materials fee program, the Certified Unified Program Agency (CUPA) for the city. Since 2001, he remarked, Anaheim had been a certified California EPA able to regulate federal and state mandated environmental and emergency response inspection and regulatory programs at the local level. This was a benefit because there was local control over interfacing with local businesses. The fees, he explained, were a pass -thru mandated by a 2008 law, which required a link to the state computer system to shift all the information collected on an annual basis electronically. He added this was important as electronic information was transmitted in real time, but staff could also link that back to emergency responders when an emergency occurred. He pointed out there was a fee increase in the program and compared to Orange County CUPA, the fees were three to nine percent below their charges. Mayor Tait opened the public hearing. William Fitzgerald, Anaheim Home, opposed the fee changes in general and the fire department specifically. With no other comments offered, Mayor Tait closed the public hearing. Council Member Murray emphasized Mr. Fitzgerald's comments were completely inaccurate, asking Chief Bruegman to restate the basis for the fee changes. Chief Bruegman remarked that one of the things staff learned from the Regulatory Relief Task Force was that business owners did not mind paying a fee for inspections but felt they should be fair and equitable across the board and based upon risk and also wanted to know the annual costs up front in order to budget appropriately for each year. With regard to the hazardous materials program, as the regulations became more onerous, the business community requested assistance in going through the process. With that in mind, the Fire Department initiated monthly business sessions to help small business owners fill out the burdensome hazardous materials forms. He added this was a unique approach from an inspection service standpoint. Public schools and places of worship were exempted, re- inspections would not be charged on the first re- inspection, giving the business owner 30 -40 days to correct a problem and there would also be no charge to follow -up hi -rise inspections. The Department discussed capping fire code permits to three so that businesses did not have to pay for multiple permits which increased their costs and permit fees for chemicals and materials already regulated in the CUPA disclosure program would be rolled into that program, because currently the businesses were getting hit twice with permits from the Fire Department and from the CUPA program. Council Meeting Minutes of July 10, 2012 Page 12 of 13 Mayor Tait commended staff for making these innovative changes and encouraging the creation of jobs by cutting red tape and moved to approve RESOLUTION NO. 2012 -088 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM revising fees for services rendered by the Anaheim Fire Department, establishing the effective date of fees and rescinding Resolution No. 2010 -134 and to approve RESOLUTION NO. 2012 -089 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM relating to fees and penalties in connection with implementing the Unified Hazardous Waste and Hazardous Material Management Regulatory Program Act and rescinding Resolution No. 2010- 097, seconded by Council Member Galloway. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion carried. REPORT ON CLOSED SESSION ACTIONS: None COUNCIL COMMUNICATIONS: Council Member Eastman thanked west Anaheim residents for attending this council meeting, remarking she looked forward to one more session to be held in west Anaheim this year. She added that on July 21 from 11 a.m. to 3 p.m., there would be a special ball game held at Glover field, hosted by a private individual who shared a passion for history. An old fashioned picnic and baseball game based on the old rules of baseball would be held there for the public's enjoyment. Regarding history, Council Member Eastman remarked her office would have on hand copies of her Anaheim history book for those interested in the facts of Anaheim history and government and also advised her book was available at libraries. Mayor Pro Tern Sidhu congratulated Debbie Moreno on her appointment to Finance Director and thanked all who came out and attended this meeting in west Anaheim. Council Member Murray remarked the USA Women's Volleyball team would be conducting an exhibition match against Bulgaria at Canyon High School on July 14 for those who wanted to cheer the US team prior to the Olympic season. The Boys and Girls Club was hosting an evening program for kids on July 19 and the launching of Anaheim's bike sharing program was scheduled for Saturday, July 21 St in the downtown promenade. She concluded her remarks with a statement that code enforcement was a priority in the city and would be improved citywide to ensure safe and decent living conditions. Council Member Galloway commented on the successful July 4 th celebration through the efforts of the Canyon Hills Community Council and also announced the annual Eli Home fund raiser, a Caribbean Mid - Summer Night hosted by Mayor Tait and Council Member Galloway on July 14 at the Anaheim Hilton. Mayor Tait recognized Anaheim's culture of valuing freedom and working to honor those who have fought for this freedom through the city's military banner program, Veteran's Day and Flag Day ceremonies, and MEU adoption. He asked the City Manager to form an ad hoc committee to explore more ways to build on how Anaheim shows support, offering examples such as posting a flag of a deceased veteran at the Veteran's monument and the Wounded Warrior Project. He spoke of the success of the 4 th of July celebration and also requested the Let the People Vote initiative be placed on the July 24 agenda. Council Meeting Minutes of July 10, 2012 Page 13 of 13 Adjournment: Mayor Tait announced the city's special meeting on July 11, 2012 at 5:00 p.m. and at 7:36P.M., with no other business to conduct, Mayor Tait adjourned the July 10, 2012 City Council meeting. Respectfully submitted, Linda N. Andal, CIVIC City Clerk