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2008/06/24ANAHEIM CITY COUNCIL REGULAR ADJOURNED MEETING OF JUNE 10, 2008 HELD ON JUNE 24, 2008 REGULAR MEETING OF JUNE 24, 2008 The regular adjourned meeting of June 10, 2008 was called to order at 2:12 P.M. on June 24, 2008 in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard A copy of the agenda for the Anaheim City Council meeting was posted on June 20, 2008 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 Andal. CONTINUED PUBLIC HEARING: FISCAL YEAR 2008/20Q9 BUDGET HEARING D106 Dave Morgan, City Manager, announced this was a continued public hearing to hear the remaining departmental budget presentations and to take action on the adoption of the City's FY 2008/2009 budget later in the agenda. City Attorney's Department Jack White, City Attorney, introduced his senior staff and provided details on the proposed 2008/09 budget for in-house legal counsel. The total budget reflected $5,651,532 with a staff of 35 full-time (FT) attorneys and 1.06 full-time equivalents (FTE) in part-time assistance. He described in detail the current year accomplishments and highlighted projects for the coming year. Council Member Galloway questioned criteria used in budgeting for prosecution services. Mr. White replied that part of the budget for that function included anticipated revenues from the City's share of fine and forfeitures received through court processes plus any reimbursements associated with providing misdemeanor prosecution services for the City of Placentia. Human Resources (HR) Department Director Kristine Ridge, reported the HR proposed budget was approximately $5 million and reflected 25 FT, two FTE part-time employees as well as operational costs. She outlined in detail the past accomplishments of the various functions within the department and highlighted future programs for the coming fiscal year. Mayor Pringle inquired if employees would be able to track their personnel data through the City's website or whether there might be other services desired by employees or job applicants that could be made available on the web. Ms. Ridge responded that with the upgrade proposed in this year's budget, aself-service component would allow employees some access to their personnel data and that recruitment information had been available to interested persons for some time. City Council Minutes of June 24, 2008 Page 2 of 22 Council Member Galloway pointed out the HR budget as compared to last year had been reduced by $200,000 overall, however, there was increase in HR administration of $500,000. Ms. Ridge replied there had been a change in the reporting structure and this specific increase related to transferring funds from one division to another to make functional groups more accountable for their expenses. Public Works Department Natalie Meeks, Public Works Director, presented the proposed $124,257,807 budget which included funding for six divisions, 252 FT employees and 18.21 FTE part-time employees. She detailed the year's capital accomplishments which included Underground Storage Tank Replacement, the Citywide Sewer Improvement program, Carbon Creek Bridge/Bike Path, and the Police Department Heliport. She highlighted numerous operational accomplishments for the year and pointed out future plans for the coming year, which included the Platinum Triangle Community Facilities District and transit planning programs such as, the Elevated Fixed-Guideway Project and concepts for the Go Local bus/shuttle connections in conjunction with Orange County Transit Authority (OCTA) and Anaheim Transit Network (ATN). Mayor Pringle questioned the vehicle replacement program in general and specifically as it related to alternative fuel vehicles. Ms. Meeks answered that this was the third year using alternative fuel vehicles, which were generally used for the larger fleet equipment. She added the Department was proposing to replace eight diesel trash trucks with clean burning natural gas vehicles at $2.8 million. In total 24 trash trucks were scheduled for replacement over the next three fiscal years with a total estimated cost of $8.7 million funded from Sanitation reserves. Mayor Pringle remarked that OCTA was advertising bids on 130 hybrid vehicles which translated to one third of their non-bus fleet and he believed those options should be considered by the City as well. After further discussion by Council on this topic with staff, Mayor Pringle requested a full report on the City's vehicle replacement plan, including numbers, criteria for replacement, phasing and new or anticipated purchases. City Manager Dave Morgan responded that a full discussion would be included in the July meeting along with the Utilities Department vehicle plan. Council Member Sidhu requested details on the Citywide Sewer Improvement program. Ms. Meeks replied that last year sewer fees were raised and $47 million in sewer bonds were sold to address existing deficiencies in the system. A citywide study had identified those sewers needing replacement on a priority basis and she emphasized the $47 million would be expended within three to four years. She added this figure represented half of the entire sewer needs which would be reassessed in the future to determine how to fund the remaining sewers. Council Member Sidhu emphasized sewer replacement should be an on-going annual maintenance event. He added with regard to sidewalk maintenance he also wanted to make sure there was enough funding in the budget to address any potential liabilities the City could incur. Ms. Meeks stated the Department's priority was safety issues and those locations were addressed immediately upon identification. Ms. Meeks ended her presentation calling attention to projects planned for the coming year which included seven State/OCTA funded grade separations along the BNSF City Council Minutes of June 24, 2008 Page 3 of 22 railroad line, and 14 Safe/Quiet Zones funded by OCTA and the City. She noted these projects would take several years to complete and represented a significant infrastructure investment. Mayor Pringle pointed out that the seven grade separations as well as the one underway represented half-a-billion dollars which would be invested solely in grade separation projects along eight streets. He also added the safety improvements on the LOSAN corridor would be realized on four of those streets, with not only safety but quiet zone improvements which would improve the quality of life for nearby residents, considerably. Council Member Galloway inquired why the City replaced trash vehicles used by its solid waste contractor. Ms. Meeks responded the trash trucks were part of the contract for trash services, maintained by the contractor but an obligation of the City to replace. Council Member Galloway also asked if the City derived any revenues from the sale of recyclables removed by the contractor. Ms. Meeks replied no revenues were received, however, that was taken into consideration when trash rates were set. At 3:04 P.M., Mayor Pringle adjourned the June 10, 2008 regular adjourned meeting and called to order the June 24, 2008 regular meeting. Communitv Services Director Terry Lowe reported the Community Services Department budget was just over $52 million and of that, Recreation and Neighborhood services, Library services, park maintenance function and capital improvements comprised the bulk of his operating expenditures. He called attention to completed capital projects which included the Muzeo and Carnegie Building Renovations, Woelke-Stoffel House restoration, Central Library expansion and the Carbon Creek Pedestrian Bridge which connected Switzer Park and school with the West Anaheim Youth Center. He itemized those projects under construction and designs completed for future capital projects such as the Burris Pit recreational area and the joint school library project at Ponderosa Park. He offered statistics on the various quality of life services given to Anaheim residents for all age spectrums. Referencing the Library Division, he remarked daily on-line homework in both English and Spanish was available to elementary and high school students. Future innovative projects included a public private partnership to bring a private swim school to Anaheim Hills, a flagship Boys and Girls Club and YMCA downtown, planning underway for the new performing arts center, a farmer's market in south Anaheim and the Motel Family Pilot Project. Mayor Pringle commented it had been brought to his attention that the Energy Field cement installation had been redone several times, asking for clarification. Natalie Meeks, Public Works, reported the work was redone at the vendor's expense as it had been poured incorrectly. She added this project had a poorly performing contractor and the City had notified the bonding company to apprise them that the City had concerns with the level of work being performed. Mayor Pringle requested afollow-up report for Council's information. With regard to golf course fees, Mayor Pringle stated he recognized the need to keep fees and rates low for residents and visitors but at the same time wished to ensure the golf courses generated enough revenues to pay for improvements and repairs and recommended Council have a policy discussion later in the year on that subject. Related to the Motel Task Force, Mayor Pringle felt there was value in outsourcing and City Council Minutes of June 24, 2008 Page 4 of 22 using private entities already providing similar services and encouraged it be the Community Services Department's priority in implementing some of those elements. He also asked what services residents could access through the City's website currently and what was planned for the future. Mr. Lowe indicated there were a number of services available through the website, such as scheduling golf course tee times, Recreation program sign-ups, as well as an extensive menu of services for the Library Division. Mayor Pringle encouraged expanding website connectivity to residents and visitors including promoting and publicizing programs, special city activities and cultural events and recommended the City Manager set internal goals for the departments for enhancing use of the website. Community Development Department Brad Hobson, Community Development Department, shared a summary of the proposed 08/09 budget for the department, with highlights of last year's accomplishments and preview of projects upcoming. The total proposed budget, he announced, was $160.4 million dollars, funded through redevelopment tax increment and federal funds only. With a total of 109 FT positions and 8.75 FTE part-time positions, Redevelopment, Workforce Development and Housing functions were implemented. Following the merger of six redevelopment project areas and extension of time for the life of many of those projects areas, Mr. Hobson pointed out existing debt was refinanced and new debt issued which resulted in reduced debt service over the next ten years creating a $73 million savings available for future capital improvements. The proposed capital improvement program for the coming year, he reported, was $23 million and including projects for the Canyon Metro Link Station expansion, Colony Park Street improvements and a new Civic Center street. He defined the special projects resources and business programs reflected in Workforce Development and the Housing Authority services accomplished during the current fiscal year. He reported the Affordable Housing Strategic Plan Report reflected a total of 1,528 units completed, under construction or in process, which exceeded the four-year revised goal of 1,328 units and shared details on completed, under construction and future planned affordable housing projects. He highlighted redevelopment projects such as the Carnegie Plaza, opening of the Muzeo, the Downtown Retail project and historic preservation efforts. He addressed redevelopment efforts underway for the Canyon Industrial area with the re-use of the Boeing site by Panetonni Development Company and the new Kaiser Permanente Medical Center, with total projects valued at over half a billion dollars. Planning Department Sheri Vander Dussen, Planning Director, reported her budget was almost $17 million with a full time staff of 95 and 22 FTE part-time employees evenly divided between the Planning, Building and Code Enforcement divisions. This year, she pointed out, the graffiti abatement program had been granted an additional $100,000 in January which allowed for replacement of aging equipment, a sand blaster and the hiring of two additional part-time staff and addressing 1.1 million square feet of graffiti. Additionally, the division was an active participant in the Police Department's graffiti task force. She outlined the yearly accomplishments of the various divisions and explained the projects proposed for the coming year. She indicated this City Council Minutes of June 24, 2008 Page 5 of 22 year building inspectors were provided with hand-held computers for remote access to the City's network for standard forms and letters as well as portable printers to provide instant and legible reports on the results of their inspections. She noted areas of online services provided through the City's website. She added the department was exploring a pilot program wherein licensed contractors, such as roofers, would have the opportunity to self certify their installations. She discussed the continuing expanded development opportunities in the City including those earmarked for the Platinum Triangle, the Canyon Business area and Disney's planned California Adventure expansion. Related to increased graffiti citywide, Council Member Kring encouraged contacting commercial buildings to insure graffiti was removed quickly. Ms. Vander Dussen answered that 48 hours notice was given by Code Enforcement for removal of graffiti on private buildings, otherwise the City would handle the removal and bill the owner accordingly. Council Member Kring remarked that at the Mayor's Summit, the former Mayor of Indianapolis addressed his graffiti problem by assigning employees to specific neighborhoods to make them responsible for how that neighborhood looked and report graffiti or any other problems as part of a proactive solution and recommended Anaheim take a similar approach. Ms. Vander Dussen responded that currently all field employees were requested to use Anaheim Anytime to report violations of any kind. Mayor Pringle inquired if the department would be expanding information and services available on Anaheim's website. Ms. Vander Dussen responded that sign permit applications and special event permits and other applications with flat fees would be available online. She indicated staff was working with EDS to allow for application of permits and business license online but that due to the complexity of the application and the inability to collect payments, there were challenges. Mayor Pringle remarked that he would like to get to a point where everything was available online and if forms needed to be simplified to meet that goal, it should be considered. After deeper discussion on this subject, Finance Director Bill Sweeney stated he would follow up with a full report on this topic. Given the success the City had seen from the enhanced graffiti abatement program, Council Member Galloway asked if current funding was enough. The City Manager remarked there was some flexibility in the proposed budget to provide for additional graffiti funds and to address the Rose Parade float and the Fall Festival activities, which were not included in the proposed budget. Mayor Pringle remarked that he was interested in seeing other alternatives or approaches to the graffiti problem. He also pointed out the proposed $465,000 was more than had ever been budgeted in this area and that the police department was also spending resources on it as well. Mr. Morgan stated that the neighborhood improvement pilot program would end this fiscal year and it might make more sense to wait until the July meeting to consider how to maximize funds for the graffiti program. City Treasurer City Treasurer Henry Stern explained the Treasurer's Office directed the City's cash management program and investment of bond proceeds, administered the City's deferred compensation and retirement health savings programs, as well as provided financial advice to City departments. The total budget requested for 2008/09 was $1.3 million and there were six FT employees and .5 FTE part-time employees. He pointed City Council Minutes of June 24, 2008 Page 6 of 22 out the department was responsible for investing a portfolio of $550 million, managed a $2.6 billion cash management program, and oversaw a $433 million debt management portfolio. He detailed the department's investment and banking activities for the current year as well as treasury services performed for other agencies and highlighted projects for the coming year. He indicated the percentage of funds invested exceeded 99 percent for the year and return on investment went from 4.61 percent in July of 2007 through April 2008 at 3.76 percent. While the decline in interest rates reflected the overall market conditions as interest rates declined due to the subprime crisis, he added, the department was meeting all forecasted cash flow expenditures for the City, both budgeted and anticipated. Mayor Pringle discussed the direct deposition program suggesting the department renew its efforts in gaining more employee compliance. Council Member Galloway questioned the portfolio management fee and how it affected the City's return on investments. Mr. Stern replied that the fee was to capture direct activity associated with the portfolio management and had a negligible effect on the total portfolio. Convention. Sports and Entertainment (CSE Greg Smith presented the CSE proposed budget which reflected four operating divisions: the Convention Center, Angel Stadium of Anaheim including the Sportstown property, Honda Center and The Grove of Anaheim. The departmental operation budget for 08/09 was proposed at over $50 million and also included the Visitor and Convention Bureau budget which brought the total to $57.7 million. He reported Convention Center 2007 attendance reached 1,065,000 guests and occupancy attained 78 percent. Phase 3 of the Arena exterior upgrade was completed and a history walk was installed in the Palm Garden. He indicated a Request for Information & Qualifications was issued to expand the Convention Center with three developers responding. This public/private partnership was expected to result in a 500 room hotel and approximately 200,000 additional square feet of convention center meeting and exhibit space targeted for completion in 2012. He also reported a network of expanded security cameras were installed using $750,000 of Homeland Security funds. Angel Stadium attendance reached 3,454,571 and revenues gained were $1,987,637 with post season play. The Grove had a net income of $747,362, with attendance reaching 172,492 over 277 events, its most successful year to date and next year would host the Tiger Woods fund-raiser, a premier event for Anaheim. In addition to profit sharing, over $300,000 was received from Grove parking fees. He stated the Honda Center sold out all 40 Anaheim Duck home events and set franchise records for sellouts and percent capacity and the net income was projected to be over $11 million this year and anticipated to reach $12 million for FY 08/09. The Honda Center capital expenditures projected to be $1.9 million for ice chiller and cooling tower replacement, box office expansion, food and beverage equipment and star dressing room upgrades. Mr. Smith remarked that unless there was another professional sports franchise in the Honda facility, it was not likely that the Center would gross over $12 million. Council Member Kring encouraged pursuing a NBA franchise to share the Honda Center. Council Member Sidhu asked if Arena Management handled the repair and maintenance for the Honda Center with Mr. Smith replying that all repair, maintenance, capital City Council Minutes of June 24, 2008 Page 7 of 22 improvement, and operating costs was paid for by Anaheim Arena Management which then reduced the net profit. With the conclusion of the budget hearing, Mr. Morgan stated the Budget Advisory Committee had revised the proposed budget and unanimously recommended its adoption with the inclusion of additional funds for graffiti removal. Mayor Pringle invited public comments. Patrick Pepper, Budget Advisory Commission chair, announced this year's budget highlighted Anaheim's good fiscal policy as other cities were forced to cut back during this economic climate while Anaheim reserves provided for five additional police officers. He indicated the Commission recommended Council consider adding two additional fire stations as recommended by Chief Smith, as the 91 freeway widening efforts and other developments in that area could increase response times in those areas. AT 5:08 P.M., with no further comments offered, Mayor Pringle continued the public hearing to be considered as Item No. 38 on this agenda. ADDITIONS/DELETIONS TO CLOSED SESSION: City Attorney Jack White recommended Council make the determination that there was a need to take immediate action and that the need for action came to attention to the city subsequent to the agenda being posted on the following closed session item: CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION (significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code based upon the following facts and circumstances): Existing facts and circumstances: A city of Anaheim police officer involved shooting in the 91 Freeway on June 22, 2008 which resulted in the death of the suspect and injuries and wounds to one or more third party bystanders. Number of potential cases: one or more Council Member Sidhu moved to add this item to the closed session, seconded by Council Member Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None At 5:09 P.M., Council recessed to closed session for the following items: CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code} Name of case: Orange County Communities for Responsible Development v. City of Anaheim, Case No. 30-2008-00103422; Citizens for Responsible Equitable Environmental Development v. City of Anaheim, Orange County Superior Court Case No. 30-2008-00106314. City Council Minutes of June 24, 2008 Page 8 of 22 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 800 West Katella Avenue, Anaheim, California (Car Park One site) Agency negotiator: Greg Smith Negotiating parties: Garfield Traub Development, Regent Development OC, Sonnenblick-Del Rio Development, Inc. and the City of Anaheim Under negotiation: Price and terms 3 June 24, 2008 3. CONFERENCE *WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code) Number of potential cases: one 4. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION (significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code based upon the following facts and circumstances): Existing facts and circumstances: A city of Anaheim police officer involved shooting in the 91 Freeway on June 22, 2008 which resulted in the death of the suspect and injuries and wounds to one or more third party bystanders. Number of potential cases: one or more At 5:55 P.M., Council returned from Closed Session to act on the remainder of the agenda. Invocation: Pastor Mark Bove, Calvary Chapel Anaheim Flag Salute: Council Member Hernandez Acceptance of Other Recognitions (To be presented at a later date): Recognizing North Orange County Community College District Provost Dr. W. Gary McGuire Recognizing Sarah Wrasse on receiving the Girl Scout Silver Award AT 6:06 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency (in joint session with the Anaheim City Council). ADDITIONS/DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS (all items except public hearing): William Fitzgerald alleged misuse of tickets for Anaheim events. Rebecca Duffin, Chapman student, remarked there were several law students attending the Council session to learn about local government in action. Mayor Pringle thanked the students for coming pointing out that it was interesting for them to note with regard to the previous speaker's comments, that when the City was contemplating how to operate its entertainment venues they sought advice from the Fair Political Practices City Council Minutes of June 24, 2008 Page 9 of 22 Commission (FPPC) on how to handle gifts of event tickets for public officials who were responsible for overseeing event assets, at least 10 or more years ago. He added Anaheim had received a ruling that event tickets were not considered gifts under the FPPC at that time. He explained since the FPPC had now chosen to re-examine that one issue regarding gifts, the City determined it was appropriate to argue the fact that it may not make sense to find every benefit received from the entity in which one worked be defined as a gift. At 6:06 P.M., Mayor Pringle recessed Council session to consider the Anaheim Redevelopment Agency agenda, reconvening the Council meeting at 6:08 P.M. CONSENT CALENDAR: Council Member Galloway removed Item No's. 12, 13, 14, 18, 32, 34 and 36 for further clarification; Mayor Pringle removed Item No's. 10 and 19 and Council Member Sidhu removed Item No. 30. Council Member Kring moved to waive reading in full of all ordinances and resolutions and adopt the balance of the consent calendar in accordance with the reports, certifications and recommendations furnished each council member and as listed on 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 3. Receive and file the Budget Advisory Commission recommendation, Public s1o5 Library Board meeting minutes of May 12, 2008 and Housing and Development Commission minutes of March 5, 2008. 4. Review the need for continuing the local emergency heretofore proclaimed by the D175 Director of Emergency Services as ratified by previous action of the City Council concerning land movement and property damage in the vicinity of 357, 365 and 373 Ramsgate Drive and the Hidden Grove Lane/Fox Glen Drive area in the City of Anaheim, and, by motion, determine that the need for continuing the local emergency exists. 5. Approve the Investment Portfolio Report for May 2008. D117 6. Award the contract to the lowest responsible bidder, All American Asphalt, in the 5232 amount of $1,104,337, for the Walnut Street Improvements project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 7. Award the contract to the lowest responsible bidder, Republic Intelligent 5233 Transportation Services, Inc., in the amount of $172,400, for the La Palma Avenue Intelligent Transportation System Improvement Phase I1, Harbor Boulevard to Sunkist Street and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 8. Award the contract to the lowest responsible bidder, Sequel Contractors, Inc., in 5234 the amount of $4,087,034.75, for the Katella Smart Street Improvements from Ninth Street to Humor Drive Project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 9. Award the contract to the lowest responsible bidder, RMF Contracting, Inc., in the 5235 amount of $56,325, for the Maxwell Park Sports Lighting Project and authorize City Council Minutes of June 24, 2008 Page 10 of 22 the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 11. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Dlso Purchasing Agent to purchase additional "mila-wall" modules, in the amount of $98,451.11, from MBA Design and Display Products Corp. for the Muzeo. 15. Approve the first amendment to agreement with AbilityFirst and authorize the 4990.1 Community Services Director to approve future exhibit amendments for this agreement relating to Anaheim Therapeutic Recreation Program Operation Guidelines. 16. Approve Amendment No. 3 to the agreement with Hunsaker and Associates to 2991.6 increase their hourly rate, leaving all other terms and conditions of the original agreement the same, including the contract limit of $300,000 per year for development engineering and plan check services for the Department of Public Works. 17. Approve an agreement with Thirtieth Street Architects, Inc., in an amount not to 5237 exceed $597,850, for the planning, schematic design, preparation of construction documents, construction observation, and post-construction services for the Anaheim Tennis Center project at Boysen Park and authorize the Director of Community Services to increase the contract amount by up to 10%, if necessary. 20. Approve and authorize the Director of Public Works to execute an agreement 5238 with Fernando Gutierrez, in the amount of $1,500, for the acquisition of an easement at 834 West Bellevue Drive for water utility purposes. 21. Approve and authorize the Public Utilities General Manager to execute an 5239 agreement with Southern California Edison Company for replacement of overhead communication facilities with underground facilities within Underground District No. 54 - Katella/Lewis. 22. Approve and authorize the Public Utilities General Manager to execute a 4277.6 supplemental agreement with Sungard Public Sector, Inc., in an amount not to exceed $132,300 with annual support fees of $10,400, for the new module and Smart Metering Module SE upgrade to the Sungard Public Sector Customer Information System and related conversion services. 23. Approve and authorize the Public Utilities General Manager to execute an 4746.A amendment to the current Master Consulting Agreement with The Structure Group, LLC, in an amount not to exceed $325,680, to assist the Public Utilities Department in preparing for the implementation and the initial operations of the California Independent System Operator's market redesign, test simulations and production. 24. Approve the annual Retail Electric Providers' Report and annual Power Content n182 Label, authorize the submission of the 2008 quarterly projections and authorize the Public Utilities General Manager to execute and submit the attestation and any related documents. City Council Minutes of June 24, 2008 Page 11 of 22 25. Approve the Agreement for the Exchange of Real Property and a Joint Use and 5242 Development Agreement with the Anaheim City School District affecting 5242.1 ponderosa Park and the proposed development of Ponderosa Elementary School (Related to Item #26). 26. RESOLUTION NO. 2008-082 A RESOLUTION OF THE CITY COUNCIL P110 OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements. (Abandonment No. ABA 2008-00171; Portion of Mountain View Avenue extending approximately 285 feet southerly from Orangewood Avenue; Related to Item #25; Proposed public hearing scheduled for City Council meeting of July 29, 2008). 27. RESOLUTION NO. 2008-083 A RESOLUTION OF THE CITY COUNCIL P124 OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deeds No. 11138, 11139, 11144). 28. RESOLUTION NO. 2008-084 A RESOLUTION OF THE CITY COUNCIL P11o OF THE CITY OF ANAHEIM vacating two easements located at 1150 North Magnolia Avenue pursuant to California Streets and Highway Code Section 8330, et seq. -Summary Vacation (Abandonment No. ABA 2008-00176). 29. RESOLUTION NO. 2008-085 A RESOLUTION OF THE CITY COUNCIL P110 OF THE CITY OF ANAHEIM vacating a public utility easement located at 525 East South Street pursuant to California Streets and Highways Code Sections 8330 et seq. -Summary Vacation (Abandonment No. ABA2007-00149). 31. RESOLUTION NO. 2008-087 A RESOLUTION OF THE CITY COUNCIL C41o OF THE CITY OF ANAHEIM concerning the status of the Circulation Element of the General Plan for the City of Anaheim. 33. RESOLUTION NO. 2008-089 A RESOLUTION OF THE CITY COUNCIL D154 OF THE CITY OF ANAHEIM amending Resolution No. 2000R-123 which establishes rates of compensation for job classifications designated as administrative management. D154 RESOLUTION NO. 2008-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2000R-124 which established rates of compensation for job classifications designated as middle management. RESOLUTION NO. 2008-091 A RESOLUTION OF THE CITY COUNCIL D154 OF THE CITY OF ANAHEIM amending Resolution No. 2000R-125 which establishes rates of compensation for job classifications designated as professional management. D154 RESOLUTION NO. 2008-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2000R-126 which established rates of compensation for job classifications designated as supervisory management. City Council Minutes of June 24, 2008 Page 12 of 22 D154.1 RESOLUTION NO. 2008-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing rates of compensation for classifications assigned to the Anaheim Municipal Employees Association, General Unit. D154 RESOLUTION NO. 2008-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2007-098 which establishes rates of compensation and pay policies for unrepresented part-time job classifications. 35. RESOLUTION NO. 2008-096 A RESOLUTION OF THE CITY COUNCIL D112 OF THE CITY OF ANAHEIM declaring July 1 through July 14, 2008, as "Freedom Days". END OF CONSENT CALENDAR 10. Accept the low bid of De La Secura, Inc., dba DLS Builders, in an amount not to 5236 exceed $113,145, for restroom renovations at the Dad Miller Golf Course Clubhouse, in accordance with Bid # 7120. Mayor Pringle questioned why only two bidders out of 14 had responded fora $100,000 restroom renovation project. Carol Ayuso, Purchasing Agent, stated it was difficult for small contractors to get bonded and unless those contractors had taken the time to be previously bonded, the bonding process itself took a substantial amount of time. She added a bid bond in the amount of 10 percent of the bid was requested and if there was a performance bond, it would cost $100,000. Mayor Pringle suggested hosting a workshop for small companies to help them move forward with bonding and in that way encourage the smaller firms to participate suggesting she share a method in which the City could outreach some of these companies. 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. 12. Authorize the Purchasing Agent to issue purchase orders, in an amount not to D180 exceed $1,505,000 (plus applicable taxes), for the purchase of various vehicles for City departments for fiscal year 2008/09. Council Member Galloway asked if there was a policy on replacement vehicles. Natalie Meeks replied replacement varied for each vehicle but was based on a point system and cars earned points by miles traveled, age, and repair record. She indicated that the City's fleet was large enough that generally some vehicles were scheduled for replacement each year depending on budget availability. In response to the question of whether there was a buy American policy, Carol Ayuso, Purchasing Agent, indicated there was no buy American policy in place, that generally Public Works Fleet Maintenance developed specifications and then Purchasing would advertise for bids. Mayor Pringle remarked that because the bulk of these vehicles were designated for public safety, he would support approval of the item but emphasized he wanted a better understanding of the City's vehicle replacement plan. Council Member Kring moved to City Council Minutes of June 24, 2008 Page 13 of 22 approve Item No. 12, seconded by Council Member Sidhu. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 13. Authorize the Purchasing Agent to dispose of surplus cell phones no longer used D18o by City departments through donations to charitable organizations who can refurbish them for use by their clients (Continued from City Council meeting of June 10, 2008, Item #30). Council Member Galloway stated as she was affiliated with anon-profit organization, she requested the Eli Home staff contact the company identified in this item to see how they responded to requests reporting that no calls or emails had been returned and she therefore had reservations about approving this item. She made it clear she did not want Eli Home to be the recipient of any of the cell phones but had requested they investigate to see how charitable requests were handled. Mayor Pringle concurred and questioned why an Orange County agency could not be found for this purpose. Carol Ayuso responded other organizations had been considered. She reported that Verizon distributed repaired cell phones to domestic violence centers and AT&T scrapped the phones and provided prepaid phone cards to the military. After some discussion, Council Member Kring moved to donate half the cell phones to Verizon and half to AT&T and to explore finding a local group that provided used cell phones to local charities, seconded by Council Member Sidhu. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 14. Approve an agreement with the Anaheim City Elementary School District to 1571.) provide Park Ranger patrols of school facilities. Council Member Galloway asked if this program replaced officers that previously had presence in schools and if additional staff had been added for this purpose. Director Terry Lowe indicated this program had been in effect since the 1980's to provide similar types of service that the City provided in parks. He added that by having rangers patrol the schools in addition to parks, the school districts found that rates of vandalism had decreased significantly. He explained the City was fully reimbursed for any expenses and that since the program had been in effect for almost 20 years, no staff had been added since that time. Council Member Sidhu moved to approve Item No. 14, seconded by Council Member Kring. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 18. Approve a License Agreement with Community SeniorServ, Inc. to utilize 4659.A Brookhurst Community Center, on a shared basis, to provide a comprehensive meal program, including recreational activities and social services to senior citizens through June 30, 2010. Terry Lowe reported that for many years the City enjoyed a relationship with Feedback Foundation to provide a comprehensive nutritional and recreation program for seniors at the Brookhurst Community Center. The name of the Feedback Foundation was changed to Community SeniorServ, Inc. and this agreement would allow Community SeniorServe to continue providing reduced/low cost lunch as well as social and City Council Minutes of June 24, 2008 Page 14 of 22 recreational programs. He added most seniors had the ability to pay because the fee was reasonable, adding that he would provide statistics to Council on the number of participants involved. Council Member Hernandez moved to approve Item No. 18, seconded by Council Member Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 19. Approve the second delay requests for the East Street/SR91 Interchange and D175 Katella Smart Street from Ninth to Humor Projects as required by the Orange County Transportation Authority. Natalie Meeks, Public Works Director, reported the East Street/SR 91 construction contract had been awarded so the project would be going forward. The reason for the delay was due to the relocation of Southern California Edison lines and property acquisition. Additional construction easements were needed on the last remaining parcel of property, she explained, and it was found that additional supports were needed for the building which required having the court issue temporary construction easements. She acknowledged it had been a long process in getting the right-of-way for this project which would start in the early part of the fiscal year, take nine months to complete and would add an additional lane, right-hand turn lanes and all other elements of smart street improvement. Council Member Hernandez moved to approve Item No. 19, seconded by Council Member Kring. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 30. RESOLUTION NO. 2008-086 A RESOLUTION OF THE CITY COUNCIL D182 OF THE CITY OF ANAHEIM authorizing and directing that the concurrence be provided for Southern California Public Power Authority to negotiate, consummate, execute and deliver such agreements as may be necessary or appropriate to procure and pay for Gas Turbine Generator blocks for the development of the Canyon Power Project. Marcie Edwards, Utilities Department General Manager, reported this item recommended Council approval for the purchase of turbines associated with the planned Canyon Power Project. The project itself would cost approximately $230 million and was intended to generate electricity by the year 2010, with the project cost having been integrated into along-term financial plan that would offset significantly more than it would cost the City over time. Moving ahead with the turbine purchase at this time, she explained, would lock in Anaheim's place in the manufacturer's queue as well as lock in the price. Prior to this recommendation, the Utilities Department spent over a year with an independent engineering firm evaluating the type and cost associated with turbine selection. Based on their detailed evaluation and recommendation, staff began negotiating with General Electric (GE) and now was at a point to either make a commitment to buy the turbines from GE or give up a place in the manufacturing queue. To not take action at this time, she emphasized, would delay the start of the project incurring significant costs between City Council Minutes of June 24, 2008 Page 15 of 22 $25-40 million for every year of delay pointing out staff believed, the turbines could be resold if the Canyon Power Plant was not built. Council Member Sidhu asked what the process was and how many companies were considered. Ms. Edwards answered that a more rigorous process had been used than a typical bid proposal which compared cost of the equipment and fuel efficiencies. She pointed out the full life cycle cost, operational flexibility contrasted against other generation resources in Anaheim's portfolio, maintenance requirements, reliability, consistency of performance and ability to meet South Coast Air Quality Management District emissions criteria had to be considered as well, which was why an independent engineering firm with in-depth expertise in turbine evaluation was hired. She disclosed that they performed a comprehensive analysis evaluating 13 different technologies and as an independent expert in the field, all cost and performance information was readily available and incorporated in their analyses. She noted several firms were eliminated due to their inability to meet air emission standards for Southern California and others because their combined capital costs and heat rate resulted in them being more expensive than the rest. The final two firms recommended for Anaheim's consideration was Rolls Royce and GE. After that first independent engineer's analysis, she stated, the Department enlisted the support of specialized consultants whose expertise was in turbine design and contract development. Their analysis confirmed the earlier consultant's work and included a more in-depth analysis of air emissions control components, cost of replacement energy, and cost of emissions credits and when completed, revealed that the value of capital and operations for the life of both Rolls Royce and GE to be equal, at about $83 million. This was better information, she pointed out, than the Department could have gained through a simple bid process and was necessary in order to finalize and file the turbine selection and design information that had to be included in license and permitting. Given that the cost between Rolls Royce and GE were equal, staff recommended going with GE due to their history of performance and acceptance in the United States and Rolls Royce's lack of operating experience and vendor support in the states. Council Member Sidhu questioned the legality of going without a bid process with City Attorney Jack White indicating the mandated State bidding requirement was for public works projects and did not apply in this case. Council Member Sidhu remarked that he was satisfied with the response and would support this purchase but also wanted the public to understand the process that had been undertaken. Council Member Hernandez concurred in providing transparency to the public when foregoing the customary bid process and offered his support. Council Member Sidhu moved to approve RESOLUTION NO. 2008-086 OF THE CITY OF ANAHEIM authorizing and directing that the concurrence be provided for Southern California Public Power Authority to negotiate, consummate, execute and deliver such agreements as may be necessary or appropriate to procure and pay for Gas Turbine Generator blocks for the development of the Canyon Power Project, seconded by Council Member Kring. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. City Council Minutes of June 24, 2008 Page 16 of 22 32. RESOLUTION NO. 2008-088 A RESOLUTION OF THE CITY COUNCIL D155 OF THE CITY OF ANAHEIM (i) authorizing the submittal of an application to the California State Department of Housing and Community Development for funding under the BEGIN Program for the affordable housing project located at 454 South Anaheim Boulevard, (ii) if selected for such funding, authorizing the execution of a standard agreement, any amendments thereto and any related documents necessary to participate in the BEGIN Program, and (iii) if selected for such funding, amending the budget for fiscal year 2008-09 accordingly. Council Member Galloway inquired if this program was new to Anaheim. Bertha Chavoya, Housing Authority, responded that the City had applied for this grant for a number of years. She added the grant was site specific and related to the Packing House development. She reported the program specifically targeted 120 percent of the median but could also be given for 80 percent median income, stating there were other programs such as HOME and CALHOME which addressed the 80 percent median income families but very few programs related to 120 percent. Council Member Galloway asked what happened to the loan if a property was sold. Ms. Chavoya responded the State granted the funds to the City and the City in turn loaned it to the buyer, amortized over 30 years with a three percent annual interest which would be due and payable upon sale or transfer of the property and the funds could then be reused for new loans. Council Member Galloway moved to approve RESOLUTION NO. 2008-088 authorizing submittal of an application to California State Department of Housing and Community Development for funding under the BEGIN Program for the affordable housing project located at 454 South Anaheim Boulevard, ii if selected for such funding, authorizing the execution of a standard agreement any amendment5s thereto and any related documents necessary to participate in the BEGIN program and iii if selected for such funding, amending the budget for FY 08/09 accordingly; seconded by Council Member Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 34. RESOLUTION NO. 2008-095 A RESOLUTION OF THE CITY COUNCIL OF D154.8 THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees in classifications assigned to the Anaheim Municipal Employees Association, Part Time Unit and repealing Resolution No. 2005-189. Council Member Galloway announced she had been contacted by board members of AMEA who indicated there were very satisfied with the MOU and had been fairly treated; Council Member Kring had received similar communications and moved to approve Resolution No. 2008-095 of the City of Anaheim adopting a Memorandum of Understanding establishing terms and conditions of employment for employees in classifications assigned to the AMEA, Part-time Unit and repealing Resolution No. 2005- 189, seconded by Council Member Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 36. ORDINANCE NO. 6106 (ADOPTION) AN ORDINANCE OF THE CITY D154 COUNCIL OF THE CITY OF ANAHEIM (i) approving Development Agreement No. 2008-00002 by and between the City of Anaheim and K/L Anaheim City Council Minutes of June 24, 2008 Page 17 of 22 Properties I LLC and K/L Anaheim Properties II LLC (ii) making certain findings related thereto, and (iii) authorizing the Mayor to execute said agreement for and on behalf of the City (Introduced at City Council meeting of June 10, 2008, Item # 53). Council Member Kring moved to adopt Ordinance No. 6106 approving Development Agreement No. 2008-00002 by and between the City of Anaheim and K/L Anaheim Properties I LLC and K/L Anaheim Properties II 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 Sidhu. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 37. Consider appointing a citizen to the Cultural and Heritage Commission, term to s1o5 expire June 30, 2012 (continued from the meeting of June 10, 2008, Item #50). APPOINTMENT: Corin Ramos Council Member Galloway nominated Corin Ramos to the Cultural and Heritage Commission. Council Member Hernandez submitted the name of Andrea Manes. Vote for Ms. Ramos: Ayes - 3, Mayor Pringle and Council Members Galloway and Kring. Noes - 1: Council Member Hernandez. Abstention -1: Council Member Sidhu. Motion Carried. Vote for Ms. Manes: Ayes - 2: Council Members Hernandez and Sidhu. Noes - 0. Abstentions - 3: Mayor Pringle and Council Members Galloway and Kring. Motion Failed. Ms. Ramos was appointed to the Cultural and Heritage Commission PUBLIC HEARINGS: 38. Open the continued public hearing on the fiscal year 2008/2009 budget, budget D1o6 appropriations limits for the City and its Community Facilities Districts, and changes in various fee schedules. Close the public hearing on the fiscal year 2008/2009 budget, budget appropriations limits and changes in various fee schedules. The City Clerk reported 119,898 public hearing notices were sent from Public Works regarding sewer and trash rates as referenced in Resolution R of this agenda and of that number, 22 written protests were submitted, which did not constitutes a majority protest. Mayor Pringle opened the public hearing and receiving no comments, closed the hearing. Council Member Kring remarked that the City's tree trimming program was on an 8-9 year cycle and recommended additional funding to get it to a four year cycle. Mr. Morgan stated for each $100,000 added to the budget, the annual cycle could be lowered by one year. He added if Council adopted the budget as presented, a predicted finish for the next fiscal year would provide fora 10.7 percent general fund reserve which provided leeway to use some reserve funds. He recommended considering an additional $200,000 to the tree trimming budget to get it to a six year cycle. Council City Council Minutes of June 24, 2008 Page 18 of 22 Member Kring also brought up the issue of increasing graffiti and recommended that the funding to be considered for the Rose Parade and the Fall Festival activities go towards increasing the graffiti abatement program. Council Member Galloway was supportive of additional funding for tree trimming and asked how other similar cities handled that function. Terry Lowe responded that a survey of local cities indicated trees were being trimmed every four years pointing out the industry standard was three years. He indicated at one time the City had seven crews performing tree trimming and due to budget constraints, was now down to three which was why the cycle had lengthened. Council Member Sidhu asked what the worst scenario would be should the State, given its economic shortfall, take funding from municipalities. Mr. Morgan indicated there had been some discussion that the State may go after eight percent of each agency's property tax but that it now must be repaid within a three year period and in Anaheim's case, reflected $5 million. He pointed out that in the worst case scenario, Anaheim would end FY 08/09 with $23 million in reserves rather than $28 million. Mayor Pringle shared that in last year's budget $230,000 was spent on graffiti removal and Council had then doubled that amount in January for a total of $465,000. In addition to that, he indicated there were several pilot programs occurring in different neighborhoods to take a more proactive stance on graffiti removal. He was supportive of including an additional $35,000 into that program to raise the total to $500,000 but did not want to commit more funds. He stated he would also support an additional $200,000 to the tree trimming function to get the trimming cycle down to six years and also encouraged funding the Rose Parade and the Fall Festivities as a way of promoting Anaheim; to be taken from Convention Center reserves. He added if the City continued to participate in the Rose Parade, which he felt had significant promotional value to the City, some private funds should be considered to support that effort. Mayor Pringle also commented that he was concerned about putting monies aside to improve the two golf facilities and that those improvements should be generated by golf fees. He supported the fee increases for Dad Miller and Anaheim Hills golf courses but recommended working with the Golf Commission and staff to come up with a capital improvement plan for those facilities to be generated through golf fees. Referring to Resolution No. M, Fire Department false alarm rates, Mayor Pringle asked for more information as to why a 25 percent increase was requested. Mr. Morgan stated that item could be removed from the agenda at this time and addressed after a fuller discussion on false alarm charges was provided. After some discussion on this item, Council supported trailing Item M to the July 15 meeting. Council Member Sidhu moved to: adopt the fiscal year 2008/2009 budget, budget appropriations limits and changes in fee schedules by approval of Resolutions A - R (excluding Resolution M) with the following additional increases: 1) a $35,000 augmentation to the graffiti abatement program bringing the total to $500,000; 2) a $200,000 augmentation to the City tree trimming program; 3) a $200,000 augmentation to Convention, Sports and Entertainment budget to include the Rose Parade Float and Fall Festival promotional events; and 4) continuation of Item 38-M to July 15, 2008. Council Member Kring noted her objection to the inclusion of the Rose Parade and Fall City Council Minutes of June 24, 2008 Page 19 of 22 Festival promotional events. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried A, RESOLUTION NO. 2008-097 A RESOLUTION OF THE CITY COUNCIL OF D106 THE CITY OF ANAHEIM, CALIFORNIA, adopting the annual appropriations limit for the fiscal year 2008/09. B. RESOLUTION NO. 2008-098 A RESOLUTION OF THE CITY COUNCIL OF 'r1o5 THE CITY OF ANAHEIM, CALIFORNIA, adopting the Community Facilities District No. 1989-1 (Sycamore Canyon) annual appropriations limit for the fiscal year 2008/09. C. RESOLUTION NO. 2008-099 A RESOLUTION OF THE CITY COUNCIL OF T105 THE CITY OF ANAHEIM, CALIFORNIA, adopting the Community Facilities District No 1989-2 (The Highlands) annual appropriations limit for the fiscal year 2008/09. D. RESOLUTION NO. 2008-100 A RESOLUTION OF THE CITY OF ANAHEIM, T1o5 CALIFORNIA, adopting the Community Facilities District No. 1989-3 (The Summit) annual appropriations limit for the fiscal year 2008/09. E. RESOLUTION NO. 2008-101 A RESOLUTION OF THE CITY OF ANAHEIM, T105 CALIFORNIA, adopting the Community Facilities District No. 06-2 (Stadium Lofts) annual appropriations limit for the fiscal year 2008/09. F. RESOLUTION NO. 2008-102 A RESOLUTION OF THE CITY COUNCIL OF D150 THE CITY OF ANAHEIM establishing fees to be charged for Community Services Department programs and services commencing on September 1, 2008. G. RESOLUTION NO. 2008-103 A RESOLUTION OF THE CITY COUNCIL OF D15o THE CITY OF ANAHEIM amending the green fees and cart rental fees to be charged at the Dad Miller Golf Course and the Anaheim Hills Golf Course. H. RESOLUTION NO. 2008-104 A RESOLUTION OF THE CITY COUNCIL OF D150 THE CITY OF ANAHEIM adjusting the amount of the fee for the Public Library Facilities Plan for the East Santa Ana Canyon area. I. RESOLUTION NO. 2008-105 A RESOLUTION OF THE CITY COUNCIL OF D150 THE CITY OF ANAHEIM adjusting the amount of the park-in-lieu fee and rescinding Resolution No. 2007-110. J. RESOLUTION NO. 2008-106 A RESOLUTION OF THE CITY COUNCIL OF D15o THE CITY OF ANAHEIM adjusting the amount of the park in lieu fee for the Platinum Triangle Area and rescinding Resolution No. 2007-109. K. RESOLUTION NO. 2008-107 A RESOLUTION OF THE CITY COUNCIL OF D124 THE CITY OF ANAHEIM establishing a schedule of rates to be charged for rental of space and for certain labor, equipment and services at the Anaheim Convention Center. City Council Minutes of June 24, 2008 Page 20 of 22 L. RESOLUTION NO. 2008-108 A RESOLUTION OF THE CITY COUNCIL OF 0129 THE CITY OF ANAHEIM superseding Resolution No. 2007-113 relating to fees and penalties in connection with implementing the Unified Hazardous Waste and Hazardous Material Management Regulatory Program Act. M. RESOLUTION NO. 2008-109 A RESOLUTION OF THE CITY COUNCIL OF 0129 THE CITY OF ANAHEIM revising fees for services rendered by the Anaheim Fire Department and establishing the effective date of fees. No action taken; continued to July 75, 2008. N. RESOLUTION NO. 2008-110 A RESOLUTION OF THE CITY COUNCIL OF 0159 THE CITY OF ANAHEIM adopting new fee and rate schedules for building, construction, Geographic Information System (GIS}, and National Pollutant Discharge Elimination System (NPDES} permits, services and activities. 0159 RESOLUTION NO. 2008-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing fees and rates for community preservation inspections and graffiti abatement. 0159 RESOLUTION NO. 2008-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending certain fees relating to community preservation activities. 0159 RESOLUTION NO. 2008-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting new fee and rate schedules for planning, zoning and environmental petitions, applications, permits, approvals, appeals and inspections. O. RESOLUTION NO. 2008-114 A RESOLUTION OF THE CITY COUNCIL OF 0175 THE CITY OF ANAHEIM establishing fees relating to the appeal of any adverse determination or action under Chapters 10.08 and 10.09 of the Anaheim Municipal Code. P. RESOLUTION NO. 2008-115 A RESOLUTION OF THE CITY COUNCIL OF D~6o THE CITY OF ANAHEIM amending fees to be charged for certain services provided by the Anaheim Police Department. Q. RESOLUTION NO. 2008-116 A RESOLUTION OF THE CITY COUNCIL OF 0175 THE CITY OF ANAHEIM adopting new fee schedules for the Public Works Department of the City of Anaheim. R. RESOLUTION NO. 2008-117 A RESOLUTION OF THE CITY COUNCIL OF 0175 THE CITY OF ANAHEIM adopting a revised schedule of sanitation fees or charges for waste water and solid waste. 39. This is a public hearing to consider proceedings for the Fiscal Year 2008/2009 T104 annual levy of assessments in the Anaheim Resort Maintenance District. RESOLUTION NO. 2008-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM confirming the diagram and assessment and providing City Council Minutes of June 24, 2008 Page 21 of 22 for the Levy of the Annual Assessment in and for the Anaheim Resort Maintenance District. Dan Oregel, Public Works Operations Superintendent, reported in July of 1999, Council approved the formation of the Anaheim Resort Maintenance District based upon a vote by the property owners in the Anaheim Resort area. The property owners voted to levy assessments to insure long-term quality of maintenance, repair and replacement of the Resort area public improvements to be consistent with maintaining a superior Resort destination. On June 10, 2008, he remarked Council initiated the FY 2008/09 levy of proceedings by accepting the Assessment Engineer's report and scheduling this public hearing. That report indicated the levy would generate approximately $4,199,656 to be deposited into the Resort Maintenance District fund for the operation and maintenance of the District. He added the Resort District Advisory Board reviewed and approved the levy and proposed budget. Mayor Pringle opened the public hearing and receiving no comment closed the hearing. Council Member Kring moved to approve RESOLUTION NO. 2008-118 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 Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. Report on Closed Session Actions: None Council Communications: Council Member Hernandez reported on the passing of well known and appreciated community advocates and retired City employees. He announced the coming 4th of July festivities hosted by the Canyon Hills Community and invited Anaheim residents to attend the day long activities concluding with fireworks at 9:00 P.M. He reminded the community that residential fireworks were not legal in the City. Council Member Galloway wished all a Happy 4th of July, remarking that the Canyon Hills 4th of July festivities had begun on a smaller scale by Mary Castle and had now grown to an event in which thousands of residents participated and enjoyed. Council Member Kring, as chair of the 4th of July activity, remarked $50,000 must be raised to cover the cost of the event and encouraged all to enjoy the Taste of Anaheim at the Grove and participate in the auction that would help support the 4th of July event. She also commented on the high cost of fuel and the fact that driving habits were changing, businesses were losing customers and travel was impacted. She pointed out France and Japan received 90 percent of their power from nuclear plants adding that the United States should have an aggressive energy policy to become independent from oil. City Council Minutes of June 24, 2008 Page 22 of 22 Council Member Sidhu participated in the opening of the Anaheim Tennis Center in Boysen Park inviting the community to use it and announced the various activities taking place including the 4th of July parade. Mayor Pringle announced the newly elected school board member, Jordan Brandman, had promoted living in Anaheim to school employees, thanking the Housing Department and City staff for working with him and the Anaheim Union High School Districts and Brookfield Homes in promoting housing. He reported on the third annual Mayor's summit on bringing government services to the people and thanked the City Manager and staff for a responsible and prudent budget that sets aside funds to insure the City remained strong. Adjournment: At 8:02 P.M., with no further business, Mayor Pringle adjourned the June 24, 2008 Council meeting. Resp Ily submitted, Linda N. Andal City Clerk