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2007/06/05ANAHEIM CITY COUNCIL REGULAR ADJOURNED MEETING OF MAY 15, 2007 HELD ON JUNE 5, 2007 The regular adjourned meeting of May 15, 2007 was called to order at 2:08 P.M. on June 5, 2007. A copy of the agenda for the meeting of the Anaheim City Council meeting was posted on June 1, 2007 on the kiosk outside City Hall. PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez, Lucille Kring and Harry Sidhu. STAFF PRESENT: City Manager Dave Morgan, City Attorney Jack White, and City Clerk Linda Nguyen FY 2007108 BUDGET PRESENTATIONS: The City Manager, Dave Morgan, provided brief introductory remarks on the proposed budget for Fiscal Year 2007/2008. He indicated this was a responsible budget which focused on the concerns of the community, addressed a strong capital improvement effort and continued to emphasize public safety, economic development and maximizing the City's assets. The total proposed budget was $1,339,605,366, adecrease from the current amended budget of 11.5 percent. Mr. Morgan offered specifics on significant enhancements to the public safety budget over the past three years, which had been and continued to be a priority of the City Council and pointed out various highlights which had occurred in this fiscal year. The Finance Director, Bill Sweeney, presented an overview of the preliminary budget, remarking the second hearing had been scheduled for June 19~h and the budget was anticipated to be adopted on that date. Apprising Council on the national and state economy, Mr. Sweeney remarked staff had worked closely with local colleges and universities on regional and national issues and that most economists believed there would not be a recession over the next 6 to12 months. While existing home sales were sluggish, spending losses in residential construction had been offset by strong growth in the non-residential segment. He indicated national and state unemployment rates were not alarming and in Orange County were down to a low of 3.5 percent. In addition, both the state and county projected modest increases in job growth and total taxable sales and statewide fuel prices were slowly decreasing. He touched on the highlights of 2006/07 pointing out tourism had remained strong throughout the year and transient occupancy tax (TOT) was robust as a result. Mr. Sweeney pointed out the proposed budget allowed for a continuation of existing service levels, funded an additional ten Police Officers, provided funding for improvements to fire stations, parks, playgrounds and streets, and maintained and maximized the City's assets. In addition, growth in key revenue sources allowed the City to address on-going community priorities identified by Council such as public safety personnel and equipment, infrastructure maintenance and improvements, and quality programs and services. The proposed budget, he emphasized, also recognized future obligations and maintained sufficient financial reserves for liabilities. June 5, 2007 -Page 2 Proposed FY 2007/08 The expenditures for the proposed budget totaled $1,339,605,366 stated Mr. Sweeney, a decrease of 11.5 percent from last year's budget due to fluctuations within the capital improvements budget. The total full-time positions for next year would be 2,150, an increase of 20 positions. The largest number of net increases was within the Police Department, eight in Public Utilities, two in Public Works, one in City Administration with a decrease in Community Development. by six. A comparison of full-time positions and additions/deletions over the years was also provided. Various graphs were shown depicting general fund expenditures by department, of which the majority (61 percent) were reflected in Public Safety. Mr. Sweeney pointed out General Fund gross revenues were projected to be just under $300 million before transfers with the number one revenue being TOT at just under 28 percent, sales tax at 24 percent and the third largest revenue, property tax, at 20 percent. Mr. Sweeney remarked all other revenue sources paled in comparison to these top three which was an increase of 5.5 percent over the amended 2006/07 budget. He added bed tax was expected to hit $80 million this fiscal year and $83 million for the proposed year. Sales and use taxes, number two in terms of gross revenues continued with strong results and staff projected Anaheim's sales tax revenue to be 5 percent higher than most economists were looking for in the County and represented real growth to the City. Property taxes, he added, were more difficult to read with the VLF shift and cities receiving more in property taxes. The long range projection, he stated, would show the rate of growth in property taxes being reduced. Mr. Sweeney ended his presentation by emphasizing there would be a balanced budget with continuation of existing service levels, the General Fund budget included $8.1 million in reserves and he anticipated a fund balance ending this year of roughly $38 million. Next year, he explained, that fund balance would be approximately $30 million which was still in excess of 10 percent of the general fund in keeping with City policy. While the proposed budget assumed solid gains, he repeated the rate of growth was projected to be modest for the coming year, and Anaheim's long- standing policy of recognizing long-term liability had been maintained in the proposed budget. DEPARTMENTAL BUDGETS: Mr. Sweeney provided details on several departmental budgets as follows: City Council: The proposed budget was modest at $720,000 and contained five employees with a full time equivalent of 3.75. City Administration: City Administration included the City Manager's Office as well as the functions of audit, public information and government. Mr. Sweeney reported the proposed budget was $5 million, operated with 25 employees with one additional position and would continue existing service levels. Finance Department: Functions for this department included accounting, purchasing, information services, budget and risk management with a proposed budget of $27.6 million which was an increase of 4.4 percent. Mr. Sweeney remarked there were no changes proposed to staffing levels with 63 full-time (FT) positions, and two part-time (PT) positions with no additions requested. He detailed the awards received and accomplishments for this fiscal year and pointed out the various projects to be implemented in the proposed year. Council Member Sidhu requested clarification on workers compensation case loads; Mr. Sweeney remarked the 461 cases he had identified earlier reflected a citywide open case load, not solely June 5, 2007 -Page 3 new claims, and commenting that the City was self-insured and claims, adjusted for inflation, were down two percent from the previous year. Council Member Hernandez asked for a more detailed explanation of the Purchasing Divisions central stores and warehouses. Mr. Sweeney responded a central warehouse was located in the Public Utilities yard containing a number of requisitioned materials and managed day-to-day by the Utilities Department and the budget reflected a shared responsibility by both departments. This allowed, he added, operating departments to have certain flexibilities with materials and supplies. Council Member Hernandez asked if there was any plan to allow Public Utilities to collect cash for those customers who come in to pay their bills with cash rather than other forms of payment. Mr. Sweeney remarked that Public Utilities could accept other types of transactions for payment of bills but currently were not authorized to accept cash and indicated he would be discussing this matter with the new City Treasurer. Council Member Galloway inquired if the $1.6 million capital outlay in the Finance budget represented the purchase of hardware and software for various City programs, pointing out the amount was relatively small compared to the number of programs involved; Mr. Sweeney responded those funds were appropriated to maintain the networks and any programs occurring citywide but that typically other departments budgeted for specific departmental needs in their own budgets. Dave Morgan remarked that many innovations go unnoticed because there were so many high profile things occurring in the City and asked Mr. Sweeney to explain some of his programs. The ERP, replied Mr. Sweeney, was a huge multi-million dollar project that took 2.5 years to implement and replaced the entire payroll/personnel system, general accounting, and budget system and was a significant technological improvement. He commented the budget was now automated and any revisions now rippled through the budget document to automatically change related numbers. He pointed out it wasn't too long ago when there were multiple email packages, multiple types of desktop computers and multiple software programs where now the hardware and software was consistent citywide with a highly secure network that had never been compromised. Related to workers compensation, Council Member Galloway inquired why Anaheim was self-insured; Mr. Sweeney responded the City was self-insured up to $1 million but there were outside insurance agencies for amounts over a certain threshold and Anaheim was also a part of a joint powers authority, pooled with other cities for certain risks and certain insurance. He added he would provide a report on that subject in more detail. To the question why the reserve fund was being reduced in 07/08, Mr. Sweeney remarked staff recommended Council reduce the size of that fund balance and appropriate $8 million earmarked for items within the proposed 07/08 budget. City Clerk's Office: Linda Nguyen, City Clerk, reported the Clerk's office oversaw records management, elections and passport services with a proposed budget of $955,000+. With seven FT employees and one PT, no changes were requested for the coming year. She outlined achievements and highlights of the ending fiscal year and pointed out the projects to be implemented for 2007/08. Council Member Kring inquired if there was any consideration being given to help candidate's a-file campaign reports and conflict of interest statements. Ms. Nguyen would explore ease of e-filing and work with the Fair Political Practices Commission to move e-filing forward and would hope to be able to do so by April 2008, the next date for conflict of interest statements. Council Member Sidhu asked how this budget compared with the current fiscal year; Ms. Nguyen indicated it had decreased 14 percent with Mr. Morgan pointing out that had been due to the scheduled election last year for Mayor and certain council positions. Ms. Nguyen added in the June 5, 2007 -Page 4 event there was a special election in 2007/08, staff would return to Council during the mid-year budget review and request additional funds. At 3:00 P.M., Mayor Pringle adjourned the adjourned meeting of May 15, 2007 and called to order the regular meeting of June 5, 2007. City Attorney's Office: Jack White, City Attorney, reported the proposed budget for the next fiscal year was approximately $5.5 million. He detailed the current year achievements and projects scheduled for the coming year. Responding to a question by Council Member Sidhu, Mr. White indicated staffing levels had been constant for the last four to five years other than the two attorneys added last year specifically for the Family Justice Center. He indicated there were 20 other attorneys on staff equally divided between civil and criminal prosecution. Outside counsel, he explained, was used when there might be a conflict of interest or if the litigation involved an area of specialization, pointing out the current year contracting counsel budget was $35,000. City Treasurer: Henry Stern, City Treasurer, reported his department was involved with investment and management of the cash management system of the City which reflected $2.8 billion, managed a $550 million investment portfolio and a $100 million trust fund for the Utilities Department, administered the City's $150 million deferred compensation program and a $10 million retiree health savings program. In addition, the department managed a $433 million debt management program for the City. The total budget request for 2007/08 was $1.276 million, a slight increase from the current year with no changes to the staff of six FT and one PT employee. He detailed the accomplishments of the current year and spoke of the future projects to be implemented. Council Member Kring requested clarification on the 115 irrevocable trust; Mr. Stern responded Government Accounting Standards Board had issued a Statement 45 to give local governments a clear definition of how to do financial reporting and one aspect of that was to create an irrevocable trust to clearly define liabilities. By putting the retiree health savings plan into an irrevocable trust, the City would get credit for lowering its unfunded liability and still be able to administer and direct the investment activity of this fund on behalf of certain retirees. Council Member Galloway wondered why the $17 million return on investments went into a commingled pool rather than the general fund. Mr. Stern responded investment funds were then commingled to optimize returns on the investment and through the accounting process were allocated to their appropriate fund balances. All funds would share an equal earnings rate which would be superior in most cases rather than investing each individual fund singly. Responding to Council Member Galloway's question relating to investment strategy, Mr. Stern indicated the City's investment strategy was very low risk, low profile and was governed by California Government Code as to what could and could not be bought. Human Resources: Kristine Ridge, Human Resource Director, reported her proposed operating budget was just above $5 million to cover operating costs and fund a full time staff of 25 as well as some part-time employees. She highlighted the accomplishments of the year and projects to be implemented for the coming year. Council Member Hernandez asked if Human Resources partnered with the Police Department in attending job fairs and other events to attract employees. Ms. Ridge responded in the affirmative, indicating they had recently put on a job fair at the downtown community center but typically visited local colleges or other venues in partnership with the Police Department as a method of recruitment. Both Council Members Hernandez and Kring spoke of Economic Employment June 5, 2007 -Page 5 Division (EDD}job fairs and Ms. Ridge indicated she would look into those events. Council Member Kring asked for clarification on Project Excel acid Ms. Ridge answered the program was developed to focus on leadership skills in management and to create secession planning strategy and was overseen by an advisory group of department heads. Police Department: Chief John Welter offered his departmental budget, thanking Council for the commitment and investment made to the Police Department over the last three years. The proposed budget totaled $114,380,875, requested an additional 10 police officers and two detention assistants and would fund a variety of safety equipment and supplies. The budget contained 395 sworn officers, 209 civilians and 74.81 part-time employees. He addressed in detail the accomplishments and achievements of the current fiscal year, enhancing patrol and reducing response times to Priority 1 calls and the expansion of police facilities and programs. He talked of the reduction in crime rates and compared Anaheim's statistics to the top 10 California cities. Lastly, Chief Welter focused on department strategies to accomplish for fiscal year 2007/08. Mayor Pringle remarked the "Golden Guardian" statewide disaster preparedness exercise was significant and something of which to be proud as Anaheim was being used as a role model in many homeland security efforts. Council Member Sidhu questioned response time objectives from this current year to the proposed year. Chief Welter clarified the goal set was six minutes for Priority 1 response times but he wanted to set a more realistic goal of seven minutes. This would be accomplished through reassigning personnel, putting officers in the right place and using RSVP volunteers for crime prevention. He remarked last year the Department achieved an eight minute response time and his goal was to make it seven minutes for the coming year. To the question how many of the 34 Orange County cities had their own police departments; Chief Welter responded 22 of the 34 cities had their own departments and Anaheim had lower rates per 1,000 population than most. Although, he commented, Irvine was in the news as being the safest Orange County city with the lowest crime rate. Council Member Sidhu asked what it would take for Anaheim to be the safest city; Chief Welter responded Irvine did not face the types of problems Anaheim had: density, the number of road miles or tourism impacts. He added it would take good leadership, more officers, more civilian professional staff and a better use of technology along with engaging the community so they become active partners in preventing crime to reduce crime levels significantly, however he felt it was unrealistic to compare Anaheim with Irvine. Council Member Sidhu commented that while officers had been added to the department and others had been reassigned, the Department was still short enough officers to fight crime on the street and he would like to see 15 more officers added this coming year and when appropriate, he would request the City Manager find additional funding for them. Mr. Morgan indicated that each additional officer would be about $180,000 and these would be on-going recurring expenditures. He also added that this budget would be utilizing reserves of $8 million and unless additional revenues could be found, any additional officers would be a result of budget reductions. Mr. Morgan suggested waiting until the conclusion of budget presentations before making this type of decision. Council Member Hernandez recognized the need to maintain the City's reserves and challenged City staff with finding an identifiable source of revenue stream to bolster police staffing levels. He asked why the budget for cold case investigations- had not increased in light of improved technology. Chief Welter replied the focus for the last couple of years had been on patrol which came at a cost. The department investigators handled as many as 40 to 50 cases per investigation when the industry standard was 20 to 30 cases. He added as the Department grew in size and the issue of response times was addressed, officers were taken out of schools and were not put into investigative units as the strategy was to continue to bolster the patrol division. June 5, 2007 -Page 6 Forensics was. also impacted as more officers were on the street, more arrests were made and more evidence was then submitted to forensics. In addition, Chief Welter stated, the Department partnered with the District Attorney's office to take better advantage of DNA technology and was now starting to collect DNA at major property crimes, not just assaults and violent crimes which put the forensics unit at maximum capacity. Council Member Kring was supportive of the RSVP program and wondered if they might supplement those officers taken out of the school system. Chief Welter responded he was exploring a number of uses for the RSVP program including putting them into partnership with schools, however recognizing they were strictly volunteers and would not be able to perform the primary function to put officers into schools which was public safety. He believed there was a need to have both involved in the school system. Council Member Kring indicated she was also supportive of additional police officers, mentioning earmarking the sale of Stadium property for that purpose.- She also believed voters would elect to pay more taxes for more police should that step be necessary. Council Member Galloway was not interested in tapping reserves for extra police officers and believed there were innovative ways to fund more officers and looked forward to finding those ways. She asked what the monetary commitment was for the Anaheim Police Athletics League (APAL) program. Chief Welter responded that in 2004, the APAL program had no real budget and one part-time employee. Since that time afull-time activities director had been added, the part- time employee became full-time and another officer had been added. He indicated the boards of directors were aggressive in making sure programs reached as many youths as possible. It was funded by asset seizure funds as well as through various fund raising activities. Mayor Pringle remarked he was not yet sold on the need for increasing police officers above the 10 additional bodies proposed in this budget and incurring an on-going commitment over and above the recommendations of the Chief of Police. Mayor Pringle continued the public hearing to June 19, 2007 at 1:30 p.m. for the remaining departmental budget presentations. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None. At 4:25 P.M., Mayor Pringle recessed for the following closed session items. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Walt Disney World Co. v. City of Anaheim, et al., Orange County Superior Court Case No. 070001210 2. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Patel, et al v. City of Anaheim, Orange County Superior Court Case No. 040008714 (4th District Appellate No. G037585) 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS June 5, 2007 -Page 7 Property: Approximately 50.24 acres generally northerly of Angel Stadium of Anaheim in the Platinum Triangle Stadium District, 2000 Gene Autry Way, Anaheim, California Agency negotiators: Dave Morgan, Joel Fick Negotiating parties: City of Anaheim and Archstone-Smith Operating Trust and Hines Interests Limited Partnerships Under negotiation: price and terms At 5:46 P.M., Mayor Pringle reconvened Council session. Invocation: Elder Dennis Irving Flag Salute: Council Member Galloway Presentations: Recognizing the Loara High School Drum Line on winning the Silver Medal in the 2007 Percussion World Championship, Percussion Scholastic A Division. Introducing the drum line members, Bob Cerantz explained the Drum Line was an ensemble group of percussion instrumentalists and this year, under band leader Bill Schroeder, the Loara High School Drum Line took the silver medal competing against 48 teams nationally. Recognizing the Anaheim Lady Ducks on winning the USA Hockey National Championship Coach Kathy thanked Council for recognizing the team who had competed regionally and nationally to win the USA Hockey National Championship and introduced the young girls aged 10- 12. Acceptance of Other Recognitions (To be presented at a later date): Recognizing Anaheim Sister Cities Association 2007 Student Ambassadors to Mito, Japan -Marge Conway, president of Sister Cities Association introduced the student ambassadors Recognizing the recipients of the 2007 Anaheim Beautiful Sally White Award, President's Award, and the Unsung Hero Award, and the Property Recognition Awards Recognizing Lane Calvert as 2006-07 Governor of Rotary District 5230 At 6:00 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency and the Anaheim Housing Authority. ADDITIONS/DELETIONS TO ANY OF THE AGENDAS: PUBLIC COMMENTS (ALL MATTERS EXCEPT PUBLIC HEARINGS): Jasmine Clasecka, representing Friday Night Live, a community group speaking out against drugs, spoke of the unsanitary conditions in the bathrooms of Twila Reid Park and certain unsafe conditions in the playground and asked for Council's assistance. Mayor Pringle referred her to Terry Lowe, Community Services Director, who would follow-up on her concerns. Pam Starr, representing Paint Your Heart Out, expressed concern that Council withdrew CDBG grant funds from a program which restored quality of life to low income seniors and the disabled June 5, 2007 -Page 8 and eliminated neighborhood blight. She spoke of the difficulties and challenges in raising operating funds. Natalie Madizi, resident, stated it was important to her that decisions made which relate to Anaheim be made by its citizens and those individuals elected to represent the citizens. Fernando Negrete, firefighter, offered his personal comment that decisions made by elected governing bodies should not be discounted. Amin David supported City Council's recent decision regarding housing in the Resort area. Jack Marston, resident, urged council to rescind their vote to accommodate residential development in the Resort District. Gail Anderson, resident, stated those who invested in the Resort District with hotels, restaurants and entertainment venues, did so based on zoning laws which created an atmosphere in which those types of businesses would thrive and she expressed concern over changes to that zoning. Janila Schookery commented on the decision regarding affordable housing in the Resort District stating she was disheartened by misinformation being disseminated. Larry Larson, commented the Disney Corporation had filed two lawsuits to block actions of the City Council and had sponsored a referendum against changing the zoning in the resort area, believing if this was approved, the City would lose control of any future development in the resort. He was opposed to Mayor Pringle's position in support of the referendum. Mayor Pringle responded the State constitution provided for the referendum process and he, along with any other citizens had the right to participate in it. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING: 6. This is a joint public hearing to consider a Disposition and Development Agreement with 4633 Zelman Retail Partners, Inc., for the development of the Anaheim Westgate Center project at the northeast corner of Lincoln Avenue and Beach Boulevard. COUNCIL ACTION: RESOLUTION NO. 2007-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Disposition and Development Agreement with Zelman Retail Partners, Inc., and making certain findings in connection therewith. Elisa Stipkovich, Community Development Director, reported it was staff's recommendation to approve a disposition and development agreement that would set forth the terms and conditions under which the Agency would sell property to Zelman Retail Partners. The property was a 25 acre site owned by the Agency at the corner of Beach and Lincoln. Because 14 of these 25 acres were on a landfill, Ms. Stipkovich explained it had taken a significant amount of time for the Agency to process a remedial action plan that included stringent landfill closure regulations. She explained the developer was now ready to proceed with the project and in order to use HUD 108 funding, the project required being considered an economic development project or activity which mandated jobs be created for low and moderate income families. With that in mind, the developer, she June 5, 2007 -Page 9 announced, would be requiring its major tenants to offer jobs through the Workforce Investment Program with the anticipation that approximately 600 jobs were being created on this site. She added the Agency requested an MAI appraisal of the site based upon its current condition and the extraordinary requirements to build on site which would require special foundations, vapor barriers and various other obligations. The appraisal came in at $17.4 million and staff recommended the property be sold for that amount, and also recommended the City carry back the $17.4 million in the form of a note at nine percent interest, also participate in 50 percent of the cash flow as well as 50 percent of any profits from a sale and 50 percent of equity on refinancing. Ms. Stipkovich indicated it was probable the project would be refinanced two years after it was built and the City should receive approximately $20 million at that time. She explained the Agency's costs consisted of site acquisition, demolition, interest on the 108 loan and the preparation of the remedial action plan, or approximately $25 million. The revenue stream from this project during the next 25 years was projected to be $54.5 million, or $24 million in today's dollars. She further explained the net revenue for the Agency, taking into consideration all costs and all revenues was about $29 million actual dollars. The City would also receive some benefits from this project in the form of sales tax (expected to be $24 million or net present value of $10.6 million). She added the City also participated in some of the costs to prepare the site for development consequently the net number to the City was actually $21 million or a net present value of $7.6 million. In total, she stated, when you take a look at all costs and all revenues, staff believed there would be a net present value of benefit to the City and Agency of $7.6 million or $21 million in actual dollars. She added approval of the development agreement would get this long-awaited project started. Mayor Pringle opened the public hearing and receiving no testimony, closed the hearing. Council Member Kring congratulated staff on their efforts, remarking West Anaheim residents had been looking forward to this project for some time. Council Member Kring moved to approve Resolution No. 2007-071 approving a Disposition and Development agreement with Zelman Retail Partners, Inc. and making certain findings in connection therewith, seconded by Council Member Sidhu. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried At 6:50 P.M., Mayor Pringle adjourned the Anaheim Redevelopment Agency to consider the Housing Authority agenda and reconvened the Council session at 6:51 P.M. CONSENT CALENDAR: Council Member Galloway removed Item No's. 27 and 28 for further discussion; Council Member Kring removed Item No's. 31 and 39. In addition, Council Member Hernandez removed Item No's. 35 and 46 and Mayor Pringle pulled Item No's. 10 and 43. Council Member Sidhu waived reading in full of all ordinances and resolutions and to approve the balance of the consent calendar in accordance with the reports, certifications and recommendations furnished each Council Member and. as fisted on the balanced of the Consent Calendar, seconded by Council Member Hernandez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried MOTION: S/H Waive reading in full of all ordinances and resolutions and adopt the consent calendar. 9. Reject the claims filed against the City. C118 June 5, 2007 -Page 10 11. Award the contract to the lowest responsible bidder, Vasilj, Inc., in the amount of 4645 $1,195,855 for the Citywide Sanitary Sewer Improvement project on Katella Avenue from east of Jean Street to the intersection of Easy Way and Sumac Lane, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions and increase the Department of Public Works' appropriation by $1,788,920 for Fiscal Year 2006-2007. 12. Award the contract to the lowest responsible bidder, Garcia Juarez Construction, Inc., in the 4646 amount of $2,269,400 for the Anaheim Hills Road Transmission Main Phase I project and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 13. Approve the Acquisition Agreement for the purchase of real property and relocation at 4647 1929-1931 South Manchester Avenue, and authorize the acquisition payment of $2,900,000, including escrow fees, and an additional relocation benefit payment of $20,000 to Rolo Tours, Inc., for the Gene Autry Way (West)/I-5 HOV Interchange project. 14. Approve the Acquisition Agreement for the purchase of real property located at 1773 South 4648 Biscayne Court and authorize-the acquisition payment of $540,000, including escrow fees, to Paul D. Olson for the Katella Avenue Smart Street project Humor Drive to Jean Street. 15. Approve the Acquisition Agreement for the purchase of real property located at 2180 West 4649 Judith Lane and authorize the acquisition payment of $545,000, including escrow fees, to Maria Del Carmen Vasquez for the Katella Avenue Smart Street project Humor Drive to Jean Street. 16. Approve the amendment to an agreement for the acquisition of real property with Thomas 4561.1 D. Rand-Luby located at 108 East Wakefield Avenue for the Gene Autry Way (West)/1-5 Freeway project. 17. Approve an Engineering Services Agreement with CH2MHill, in an amount not to exceed 4650 $224,436 for the Citywide Sanitary Sewer Improvement project at Santa Ana Street. 18. Approve an Engineering Services Agreement with Harris & Associates, in an amount not to 4651 exceed $197,660 for the Citywide Sanitary Sewer Improvement project at La Palma Avenue. 19. Approve an Engineering Services Agreement with Psomas, in an amount not to exceed 4652 $564,301 for the Citywide Sanitary Sewer Improvement project at Ball Road, Lemon Street, Vermont Avenue, East Street and Lincoln Avenue. 20. Approve the Final Map of Master Tract No. 16832 and Subdivision Agreement with 4653 Millennium Platinum Developers, Inc., for property located at 1331 E. Katella Avenue. 21. Approve the Final Map of Master Tract No. 16859 and Subdivision Agreement with 4654 Platinum Triangle Partners LLC, for property located at 1404 E. Katella Avenue. 22. Approve the Final Map of Tract No. 17016 and Subdivision Agreement with Spring Lake 4655 Anaheim LLC, for property located at 729 South Knott Avenue. June 5, 2007 -Page 11 23. Approve an agreement with the County of Orange to provide technical map checking 4656 services. 24. Accept the low bid of Cabral Roofing and Waterproofing, and authorize the Purchasing 4657 Agent to issue a purchase order in an amount not to exceed $225,784 (including tax), to repair and resurface the roofs above the warehouse and meeting rooms AR-1 and AR-2 located at the Convention Center, all in accordance with Bid #6930. 25. Waive the sealed bid requirement of Council Policy 306 and authorize the Purchasing D180 Agent to issue a purchase order to Ametek Solidstate Controls, c/o Corona Power Systems, Incorporated, in the amount of $41,620.75, including tax and estimated freight, fora 10 kVA industrial grade uninterruptible power supply system for the Public Utilities Department. 26. Approve Amendment No. 1 to a Cooperation Agreement with the Orange County 4fi58 Transportation Authority to receive approximately $882,490 in funding for a term of four years to continue funding the Senior Mobility Program; approve an agreement with Western Transit Systems for a term of four years in an amount not to exceed the approved budget allocations for each fiscal year to continue providing the Senior Mobility Program. 29. Approve and authorize the City Manager to execute Amendment No. 1 to the Workforce 1431.F.1 Investment Act Subrecipient Agreement with the North Orange County Regional Occupational Program to provide youth development services. 30. Appoint to the Workforce Investment Board, representing business and certain public sector B105 organizations: Mr. Jesse Campos to an unexpired term ending August 22, 2009; Mr. Ken Maylone to a four year term ending June 4, 2011; and Ms. Cynthia Roy to an unexpired term ending May 24, 2009. 32. Approve and authorize the Convention, Sports and Entertainment Department Executive 4663 Director to execute a Parking License Agreement with The Regents of the University of California, authorizing the university to use up to a total of 1,000 parking spaces on the Stadium parking lot on an as-needed basis. 33. Approve and authorize the Public Utilities General Manager to execute an amendment to 1681.E.1 the Consultant Agreement with Robert Borders & Associates, in an amount not to exceed $730,526 to provide additional engineering services for the City Hall West refurbishment project. 34. Find and determine that the Negative Declaration for the Walnut Canyon Reservoir C350 Rehabilitation Project is adequate to serve as the required environmental documentation and satisfies all the requirements of the California Environmental Quality Act. 36. Approve an agreement with Isenberg/O'Haren extending state advocacy services from July 4172.A 1, 2007 to July 31, 2010. 37. RESOLUTION NO. 2007-072 A RESOLUTION OF THE CITY COUNCIL OF THE P125 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein. (City Deed Nos. 11037, 11039, 11040 & 11041). 38. RESOLUTION NO. 2007-073 A RESOLUTION OF THE CITY COUNCIL OF THE D160 CITY OF ANAHEIM for Caltrans !-5 off ramp temporary closures. June 5, 2007 -Page 12 40. RESOLUTION NO. 2007-075 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, 2007 through June 30, 2009. 41. RESOLUTION NO. 2007-076 A RESOLUTION OF THE CITY COUNCIL OF THE D155 CITY OF ANAHEIM approving the Records Retention Schedule for the Community Development Department. 42. RESOLUTION NO. 2007-077 A RESOLUTION OF THE CITY COUNCIL OF THE D128 CITY OF ANAHEIM amending Resolution 2003R-58 declaring it's continuing official intent to reimburse certain expenditures from the proceeds of bonds or other obligations. 44. ORDINANCE NO. 6060 {INTRODUCTION) AN ORD{NANCE OF THE CITY OF C280 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to Zoning (Reclassification No. 2007-00193) (557 South Olive Street). 45. ORDINANCE NO. 6061 (INTRODUCTION) AN ORDINANCE OF THE CITY M142 COUNCIL OF THE CITY OF ANAHEIM regarding the Anaheim Redevelopment Agency's limitation on the use of eminent domain in the Merged Project Area. END OF CONSENT CALENDAR: 10. Receive and file minutes of the Golf Advisory Commission meeting of March 22, 2007. B105 Mayor Pringle indicated in reviewing the Golf Advisory minutes there had not been any reference to an increase in golf fees and wondered why that issue was not discussed by the golf commission prior to Council budget session. Terry Lowe, Community Services Director, remarked it had been on oversight to not agendize the fee increase to the golf commission prior to Council action, however, it would be scheduled for their next meeting. Mayor Pringle moved to approve Item No. 10, seconded by Council Member Kring. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 27. Approve a License Agreement with Community Senior5erv, Inc., to utilize the Brookhurst 4659 Community Center to provide a comprehensive meal program, including recreational activities and social services to senior citizens through June 30, 2008 Council Member Galloway understood these agreements were a result of the Feedback Foundation name change, however, she inquired if services had been changed as well. Terry Lowe responded the services had remained the same and the name change was to better describe the services the organization was providing. Council Member Galloway moved to approve Item No. 27, seconded by Council Member Hernandez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried June 5, 2007 -Page 13 28. Accept an award of funds by the County of Orange Board of Supervisors and authorize the 4661 City Manager to execute an agreement and any amendments to provide Welfare-To-Work Employment Services. Ruben Aceves, Workforce Development Division, indicated the County of Orange had reviewed the City's program over the last several years and made a recommendation to go forward and earmark $987,464 to continue the program to serve the Welfare-to-Work population for the City. This program, he explained, helped welfare recipients train for jobs in the health care industry and the City's Workforce Development Division would continue to manage the program through its "One Stop Center" for Fiscal Year 2007/08. Council Member Galloway asked if this represented an increase or decrease from the last year and Mr. Aceves replied the funding was the same as last year and the City proposed to serve 150 individuals with the use of these funds. Council Member Sidhu moved to approve Item No. 28, seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 31. Authorize the Fire Chief to enter into an agreement with the Alisa Ann Ruch Burn 4662 Foundation regarding sharing, treatment, and nondisclosure of confidential information pursuant to the Firesetter Regional Intervention Education Network and Delivery System (F.R.I.E.N.D.S.) Fire Program. Council Member Kring requested information on the FRIENDS program. Fire Chief Smith responded this was an existing program, originally coordinated through Orange County Fire Authority and was now before Council for consideration as program arrangements had changed and the Alisa Ann Ruch Burn Foundation was now coordinating the FRIENDS activities. He added this program assisted juvenile fire setters who had not reached a criminal activity level and provided for an opportunity to change behavior and allowed the City to share confidential juvenile information between the parties involved in the behavior change. Council Member Kring moved to approve Item No. 31, seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 35. Waive Council Policy 402 and approve and authorize the Public Utilities General Manager 4664 to execute an agreement between CaIINet Call Center Services, Inc., to provide after- hours/emergency call answering services for a term of three months with automatic monthly renewals not to exceed one year at a cost not to exceed $70,000. Marcie Edwards, Public Utilities, reported this request was to provide utility call center services on an emergency basis during off-hours. The current interactive voice response system, which is the system that operated during the off-hours to answer customer calls had deteriorated, and while that system was undergoing replacement, Ms. Edwards indicated there would be a six to eight month gap and she did not feel the existing system would provide adequate customer response and customer information. She added the contract allowed the Department to use the services of an out-of-state call center during off-hours and should be seamless from the standpoint of customer service. June 5, 2007 -Page 14 Council Member Hernandez queried how the service would operate and Ms. Edwards indicated most calls during off-hours were to report lights out or poles knocked down. The operators would relay that information to the Department to allow for restoration of services. Council Member Hernandez emphasized the Utilities Department went to great lengths to provide customers with the very best service and this was another example of their commitment and moved to approve Item No. 35, seconded by Council Member Kring. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried, 39. RESOLUTION No. 2007-074 A RESOLUTION OF THE CITY COUNCIL OF THE D155 CITY OF ANAHEIM (i) authorizing negotiations with the United States Environmental Protection Agency for funding under the Brownfields Assessment Grant Program, (ii) if selected for such funding, authorizing the execution of a Cooperative Agreement, any amendments thereto and any related documents necessary to participate in the Brownfields Program, and (iii) upon execution of a Cooperative Agreement, amending the budget for Fiscal Year 2007-08 accordingly. (Ross Park expansion site) Council Member Kring thanked staff for their efforts to get $200,000 in EPA cleanup funds for remediation of the Home Oil property which would now be used to expand Ross Park and moved to approve item No. 39, seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 43. RESOLUTION NO. 2007-078 A RESOLUTION OF THE CITY COUNCIL OF THE D114 CITY OF ANAHEIM amending and restating City Council policies and memorializing said policies in a City Council Policy Manual. Mayor Pringle remarked that the new City Clerk had updated the Council Policy Manual to provide Council an opportunity to streamline and review. He added that some of the policies had been established some years ago and he recommended discussing the travel reimbursement policy, speed humps, and street closures. He also remarked the policy prohibiting business cards for boards and commissions should be revised to allow a limited number of business cards. Council Member Kring indicated that policy had been put into effect because of misuse of the cards and Council Member Hernandez remarked that printing and reprographic companies could have a standard number of cards and not allow for limited quantities to be purchased. Council discussed whether to adopt the manual at this time and pull those items of concern to be considered at a future date or to hold over the adoption of the manual to another date. Mr. Morgan commented that adoption of the manual would not preclude Council from considering any of the policies at a future date. Council Member Sidhu moved to amend the business card policy to allow a prudent number of business cards for boards and commissions and to adopt Resolution No. 2007-078 of the City of Anaheim amending and restating City Council policies and memorializing said policies in a City Council Policy Manual, seconded by Mayor Pringle and to agendize for discussion Council Policy 1.1, 5.1 and 5.2 for the first meeting in August and to allow any other council policy to be discussed and presented at that time as well. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried June 5, 2007 -Page 15 46. Approve the City Council meeting minutes of May 8, 2007 and May 15, 2007. Council Member Hernandez pointed out Item No. 34 of the May 8~h minutes should be amended to reflect he had made the motion to approve, seconded by Council Member Kring. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 47. Review the need for continuing the local emergency heretofore proclaimed by the Director D175 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 determine that the need for continuing the local emergency exists. Jack White, City Attorney, reported the City was waiting for word from FEMA on reimbursement of the nuisance abatement cost and the need for continuing the local emergency remained. Council Member Hernandez moved to approve Item No. 47, seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried PUBLIC HEARINGS; 48. This is a public hearing to consider proceedings for the Fiscal Year 2007/2008 annual levy T107 of assessments in the Anaheim Resort Maintenance District. RESOLUTION NO. 2007-079 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 (ARMD). Bruce Freeman, Public Works Department, reported that Council had approved the formation of the Anaheim Resort Maintenance District in 1999 based on a vote to do so by the property owners in the Anaheim Resort. They had voted to levy an assessment on themselves to insure the long- term quality maintenance, repair and replacement of resort public improvements consistent with the operations of a unique resort destination. On May 15, 2007, Mr. Freeman explained, Council initiated the FY 2007/08 annual levy proceedings by accepting the Assessment Engineer's report and scheduling this public hearing. The Engineer's report indicated the levy would generate approximately $4 million which would be deposited in the ARMD fund for operation and maintenance of the district. Mr. Freeman added the resort district advisory board- had reviewed and approved the levy and proposed budget. Mayor Pringle opened the public hearing and receiving no testimony, closed the hearing. Council Member Kring moved to approve Resolution No. 2007-079 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 Hernandez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. June 5, 2007 -Page 16 49. CEQA_SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 332 (PREVIOUSLY- C330 CERTIFIED) AND SECOND ADDENDUM GENERAL PLAN AMENDMENT NO. 2006-00449 MISCELLANEOUS PERMIT NO. 2007-00187 ZONING CODE AMENDMENT NO. 2007-00057 OWNER: Platinum Triangle Partners LLC, 25 Enterprise, Aliso Viejo, CA 92656 and Orangewood Platinum Investors, LLC, 1849 Sawtelle Boulevard, Los Angeles, CA 90025 AGENT: Andrew Han, Platinum Triangle Partners LLC, 25 Enterprise, Aliso Viejo, CA 62656 and ian Ellis, West Millennium Homes, 1849 Sawtelle Boulevard, Suite 600, Los Angeles, CA 90025 LOCATION: East of the Interstate 5 Freeway, west of the Santa Ana River channel and SR-57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit: Property encompasses approximately 820 acres located at the confluence of the Interstate 5 Freeway and the SR 57 Freeway, in the City of Anaheim in Orange County, California. General Plan Amendment No. 2006-00449 -Request to amend the Land Use Element of the General Plan to increase the maximum number of dwelling units permitted in The Platinum Triangle from 9,500 to 9,567. (PC2007-38) Miscellaneous Permit No. 2007-00187 -Request to amend The Platinum Triangle Master Land Use Plan to increase the maximum number of dwelling units in the Gateway District from 2,075 to 2,142 and the total number of dwelling units in The Platinum Triangle from 9,500 to 9,567. (PC2007-39) Zoning Code Amendment No. 2007-00057 -Request to amend The Platinum Triangle Overlay Zone to increase the maximum number of dwelling units permitted in the Gateway District from 2,075 to 2,142 and the total number of dwelling units in The Platinum Triangle from 9,500 to 9,567. ACTION TAKEN BY THE PLANNING COMMISSION: CEQA Subsequent Environmental Impact Report No. 332 (Previously Certified) and Second Addendum; General Plan Amendment No. 2006-00449 (PC2007-38), Miscellaneous Permit No. 2007-00187 (PC2007-39}, Zoning Code Amendment No. 2007- 00057 -Recommended City Council approval on all the above items -Vote: 6-0, Commissioner Flores absent. MOTION: H/S Find and determine that FSEIR No. 332 and its Second Addendum are adequate to serve as the required environmental documentation for the proposed action. RESOLUTION NO. 2007-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amendment to the Land Use Element of the Anaheim General Plan designated as Amendment No. 2006-00449. RESOLUTION NO: 2007-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2007-00187). ORDINANCE NO. 6062 (INTRODUCTION) AN ORDINANCE OF THE C[TY OF ANAHEIM amending subsection .020 of Section 18.20.040 of Chapter 18.20 of the Title 18 the Anaheim Municipal Code relating to the Platinum Triangle mixed use (PTMU) Overlay Zone. June 5, 2007 -Page 17 Sheri Vander Dussen, Planning Director, reported on April 30th the Planning Commission recommended Council approve the general plan amendment, an amendment to the Platinum Triangle. Master Land Use Plan (PTMLUP) and amendment to the zoning code to increase the maximum number of units permitted in the Gateway District from 2,075 to 2,142. This increase of 67 units, she explained, would also correspondingly raise the maximum allowed in the Platinum Triangle from 9,500 to 9,567. She added this request was a joint application by Lennar and West Millennium Homes and would provide for the development of two projects on this site, the A-Town Stadium and Orangewood Condominiums. An addendum to the subsequent EIR for the Platinum Triangle was prepared for this request and it was concluded that the increase in the number of permitted dwelling units would not create any further environmental impacts beyond those which were previously identified. Ms. Vander Dussen informed Council a letter had been received on this date from Caltrans and distributed to Council, which had no new information and the previously submitted comments referenced had been addressed through the incorporation of a project mitigation measure which required an additional study and the fair share payment of fees toward improvements to the 57 freeway interchanges in the Platinum Triangle. Mayor Pringle opened the public hearing and receiving no testimony, closed the hearing. Council Member Hernandez moved to find and determine that FSEIR No. 332 and its Second Addendum were adequate to serve as the required environmental documentation, to approve RESOLUTION N0.2007-080 OF THE CITY OF ANAHEIM approving an amendment to the Land Use Element of the Anaheim General Plan designated as Amendment No. 2006-00449, and to approve RESOLUTION NO: 2007-081 of the City of Anaheim approving an amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2007-00187) and to introduce Ordinance No. 6062, amending subsection .020 of Section 18.20.040 of Chapter 18.20 of the Title 18 the Anaheim Municipal Code relating to the Platinum Triangle mixed use (PTMU) Overlay Zone, seconded by Council Member Sidhu. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 50. CEQA SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 332 (PREVIOUSLY- C330 CERTIFIED) AND SECOND ADDENDUM DEVELOPMENT AGREEMENT NO. 2006-00003 OWNER: Orangewood Platinum Investors LLC, C/O West Millennium Homes, 1849 Sawtelle Boulevard, Suite 600, Los Angeles, CA 90025 AGENT: ian Ellis, West Millennium Homes, 1849 Sawtelle Boulevard, Suite 600, Los Angeles, CA 90025 LOCATION: 2211 East Orangewood Avenue: Property is approximately 3.9 acres, with frontages of approximately 273 feet on the north side of Orangewood Avenue and is located approximately 1,035 feet east of the centerline of State College Boulevard. Conditional Use Permit No. 2006-05138 -Request to modify minimum structural setbacks to construct a 341-unit residential project. Development Agreement No. 2006-00003 - Request a Development Agreement between the City of Anaheim and Orangewood Platinum investors, LLC for the Orangewood Condominiums project to construct 341-unit residential condominiums. (PC2007-43) Tentative Tract Map No. 16908 -Request to establish a 1-lot, 341-unit residential airspace attached condominium subdivision. June 5, 2007 -Page 18 ACTION TAKEN BY THE PLANNING COMMISSION: CEQA Subsequent Environmental Impact Report No. 332 (Previously-Certified) and Second Addendum; Development Agreement No. 2006-00003 (PC2007-43) -Recommended City Council Approval; Conditional Use Permit No. 2006- 05138 (PC2007-42) -Granted; Tentative Tract Map No. 16908 -Approved Vote: 6-0, Commissioner Flores absent on all items. MOTION: H/K Find and determine that FSEIR No. 332 and its Second Addendum are adequate to serve as the required environmental documentation for the proposed action. ORDINANCE NO. 6063 (INTRODUCTION} AN ORDINANCE OF THE CITY COUNCIL {i) approving Development Agreement No. 2006-00003 by and between the City of Anaheim and Orangewood Platinum Investors, LLC (ii} making certain findings related thereto, and (iii) authorizing the Mayor to execute said agreement for and on behalf of the City. Planning Director Sheri Vander Dussen reported the Planning Commission approved the tentative tract map and conditional use permit to modify building setbacks in order to approve this project which included 341 condominium units. The Commission had also recommended approval of the associated development agreement. Ms. Vander Dussen indicated the property was approximately 3.8 acres and abutted the edge of the Angel Stadium parking lot and was presently developed with a vacant industrial building. The project would construct 341 condominium units in two six-story podium with a maximum height of 77 feet. Parking would be provided in a subterranean parking structure and the project also included the construction of a cul-de-sac that would be shared with the A-Town Stadium Project to be considered by Council in the near future. She noted the project also included two buildings with distinct designs which met the architectural requirements of the Platinum Triangle planning documents and landscape plans and showed several outdoor recreation areas with a variety of amenities. The development agreement, she explained, had a five year term to allow for build-out of the project consistent with other projects in the Triangle and construction was expected to commence in the spring of 2008. She added there was a correction to page 3 of development agreement to have the list of project actions updated to be consistent with the maximum number of dwelling units approved as part of Item 49 approved on this agenda. Mayor Pringle opened the public hearing for comments. The applicant, Ian Ellis with West Millennium Homes, was available for questions, and thanked staff and Council for consideration of their projects. With no other comments offered, Mayor Pringle closed the hearing. Council Member Hernandez moved to find and determine that FSEIR No. 332 and its Second Addendum were adequate to serve as the required environmental documentation and to introduce ORDINANCE NO. 6063 (i) approving Development Agreement No. 2006-00003 by and between the City of Anaheim and Orangewood Platinum Investors, LLC (ii) making certain findings related thereto, and (iii} authorizing the Mayor to execute said agreement for and on behalf of the City, seconded by Council Member Kring. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried Report on Closed Session Actions: None June 5, 2007 -Page 19 Council Communications: Council Member Hernandez reported former government relations manager, Phil Tsunoda had been selected to serve on a vacant council seat in the City of Aliso Viejo. He also invited any one interested in the sale of Anaheim Memorial Hospital to attend a public hearing on June 15th at 3:00 P.M. at Savannah High School encouraging anyone with an opinion or interest in the sale to voice those concerns to the State Attorney General. Council Member Galloway spoke of her personal beliefs with regard to the proposed project in the Resort area, the referendum process and the basis for the decisions she had made. Council Member Kring spoke of attending the International Council on Shopping Centers (ICSC) in Las Vegas recently to attract retailers, hoteliers and other businesses to Anaheim. She also requested this meeting be adjourned in memory of Denis Ryan King, an Anaheim Union High School trustee who had recently passed away. She also addressed inaccuracies and misconceptions over the petition and referendum process. Council Member Galloway added that she had also attended the ICSC conference in Las Vegas and had met with developers and individuals on the prospect of establishing businesses in Anaheim. Council Member Sidhu added that he had attended the three day conference as well in an effort to attract businesses to Anaheim. He encouraged the community to attend the annual Flag Day celebration on June 10th to be held at the Center Street promenade. Mayor Pringle reported he had also attended the International Conference of Shopping Centers to take part in the retail brokerage activity that took place. He also spoke on the emotionally charged issue of a zone change in the Resort District remarking both sides believed they had the best interests of the City in mind and he trusted the voters' decision-making abilities. Adjournment: At 7:42 P.M., Mayor Pringle adjourned the meeting in memory of Denis Ryan King. The meeting was adjourned to June 19, 2007 at 1:30 P.M. to continue with FY 2007/08 budget presentations. Resp tf Ily submitted, Linda Nguyen, City Cler