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2008/12/16ANAHEIM CITY COUNCIL SPECIAL AND REGULAR MEETING OF DECEMBER 16, 2008 The special meeting of December 16, 2008 was called to order at 2:41 P.M. on December 16, 2008 in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on December 12, 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. WORKSHOP J.D. POWER ASSOCIATES CUSTOMER SATISFACTION SURVEY RESULTS City Manager Dave Morgan introduced Jim Gaz, Senior Director with J.D. Power Associates, whose team of experts conducted a customer satisfaction survey to measure Anaheim's delivery of City services for three City departments Building and Planning, Police (APD) and Anaheim Public Utilities (APU). Mr. Gaz explained the research methods were designed to develop a valid and reliable research program which could be used to track changes in citizen and business satisfaction. The objectives of the efforts were to identify key drivers of satisfaction, prioritize opportunities to improve the service experience and link those perceptions with specific operational processes. The overall goal of the survey, he pointed out, was to identify methods to improve service experiences for residents and businesses for the City departments. A multi -mode approach to collect information was used, screening households and businesses for recent interactions with Anaheim departments and soliciting participation in an online follow -up questionnaire. A link to the J.D. Power Associates survey was placed on Anaheim's website inviting participation and also information included in the Anaheim Magazine directing interested citizens to the online survey. He noted APU received 257 survey responses, APD received 87 and the Planning Department only 25, a much smaller study which should be considered qualitative in nature, comparable to focus groups. The survey results were based on a 10 -point scale, with DELIGHTED equal to 10 points, PLEASED equal to 8 to 9 points, INDIFFERENT shown as 6 to 7 points and DISAPPOINTED ranking from 1 to 5 points. The overall reaction to City services in general reflected that 65 percent of the residents polled were either delighted or pleased with City services; 77 percent would definitely or probably recommend Anaheim as a place to live and 73 percent would recommend the City as a place to work. Mayor Pringle pointed out the City was going beyond what most surveys accomplished, which was to find out why customers were satisfied and then pursue methods to improve on that satisfaction. City Council Minutes of December 16, 2008 Page 2 of 14 ANAHEIM PUBLIC UTILITY Mr. Gaz remarked Anaheim Public Utility "APU fared well overall with the key mover of satisfaction being quality, reliability and price. Using a 1,000 point scale, taken from a previously conducted J.D. Power 2008 syndicated residential and business electric customer satisfaction study, APU overall performance ranked 749 out of 800 for residential customers and 711 out of 800 for business customers. Comparing APU against Southern California Edison (SCE), San Diego Gas Electric (SDG &E) and Los Angeles Department of Water and Power (LADWP), the City surpassed those agencies in residential satisfaction and all but one in business satisfaction. He indicated this trend of having residential customers more satisfied than business customers was the opposite of what his firm sees in syndicated research. Council Member Hernandez wondered if corporate customers were confused as to whether electric service was received through the City of Anaheim or SCE. Mr. Gaz did not think that was an issue, however, after some discussion, it recommended APU look at other ways to market utility messages to the business community to make them more aware of the types of services available. The important findings for APU revealed power quality, reliability and price were the major sources of satisfaction for customers. Mr. Gaz noted that there were a number of recommendations which could be used to improve client satisfaction. Those identified were to continue to limit the number of electrical and water outages, promote electronic billing statements, particularly among business customers, encourage use of online or automatic deduction payment methods, continue the practice of not putting customers on hold, communicate with business customers via designated account representatives to enhance quality of relationships, clearly communicate rate plans to each customer, particularly among business customers and ensure residential customers understood the breakdown of costs. ANAHEIM POLICE DEPARTMENT (APU) For the Anaheim Police Department "APD Mr. Gaz explained the survey ranked the following: ease of contacting, speed of responding, concern for well -being and professionalism. Mr. Gaz acknowledged that satisfaction with the APD was good overall and added that ease of contacting the department and its professionalism were the two highest rated attributes. Response times had an impact on satisfaction with the survey pointing out that speed of responding was rated higher in instances where the response time was 30 minutes or less, and with this survey reflecting 47 percent of the time officers did respond in 30 minute or less. He noted the number of officers present during an interaction also had an impact on satisfaction. The survey showed satisfaction tended to decline as the number of officers presented increased. Overall satisfaction was also higher when there was a proactive engagement with residents and businesses. Mr. Gaz explained those individuals with personal interaction in which the officer(s), present performed three or more engagement activities (e.g., introduced themselves, provided information on how to follow up, asked questions, listened, etc.) tended to have higher levels of satisfaction with the department than those with an interaction of less than three engagement activities. In this survey, officers did actively engage in three or more activities with residents and businesses in 52 percent of in- person interactions. City Council Minutes of December 16, 2008 Page 3 of 14 Recommendations for the Police Department were to continue to keep officer response times to a minimum, limit the number of officers present to one unit whenever possible, increase the level of proactive engagement with community members during in- person interactions, resolve problems on the first contact, and increase awareness of policing programs the Department was involved with, such as Police Activities League, the Cadet Program and others. PLANNING DEPARMENT The Building and Planning Department's overall performance related to permit processing during the 2007 through beginning of 2008 calendar year, for both residents and businesses. The department was ranked on quality of information processed, courtesy or friendliness of staff, knowledge of staff, timeliness of obtaining permits, reasonableness of fees, ease of obtaining status, usefulness of application information and ease of completing applications. Based on a 1000 point scale, the overall satisfaction score was 511, or average, with quality of information, courtesy /friendliness of staff and knowledge of staff as the three highest ranked areas. Recommendations for improvements to the Planning Department included clearly explaining the permit process to applicants, including relevant fees, process steps and timing, suggested improvements to the plans submitted and to provide information to permit applicants via paper mail or email. It was also recommended to make the process as timely and efficient as possible and to engage customers and help them through the process. Mayor Pringle pointed out that the abbreviated presentation was due to the limited sample size and agreed with Mr. Gaz's suggestion that a broaden sample size, through capturing applications via email for direct contact versus a random dialing system would provide for greater opportunities for recommendation to the department. Mr. Gaz provided that more in -depth reports were provided to each participating department for their use. WORKSHOP ANAHEIM COMMUNITY ANTI GRAFFITI EFFORT John Welter, Police Chief, reported the community anti graffiti initiative had its roots in concerns expressed by residents and businesses due to accelerated graffiti in the City. Staff recognized the need to not only combat graffiti but to prevent it from occurring. In February of this year, Lt. Ben Hittesdorf began a series of problem solving meetings around the issue of graffiti by engaging all parties with a vested interest in developing a long lasting solution. The members of this taskforce included Police Department and other City staff, the Orange County District Attorney's office and Orange County Juvenile Justice Council, various school districts, and residents and business owners in the City. Out of that process and subsequent detailed analysis, over 60 recommendations were derived and six major goals identified. He commented this would be an ongoing effort; once strategies were implemented, the assessment phase would then determine whether a particular strategy met expectations and whether or not new strategies would be needed. Chief Welter introduced Lt. Raul Quezada to explain the first of those six goals identified. Lt. Raul Quezada stated the first goal was to stimulate community involvement in preventing, reporting and eliminating graffiti. He emphasized that the support the task force received from the community at large was significant. There were four components to this goal: (1) to expand community -wide graffiti prevention and removal activities, (2) expand the City Council Minutes of December 16, 2008 Page 4 of 14 Neighborhood Watch /Business Watch programs to include an anti graffiti component, (3) encourage businesses to prevent graffiti from occurring on their properties and (4) encourage businesses to participate in a sponsorship program to recognize businesses that contributed to the prevention of graffiti. In all of these goals and components, a timeline and responsible party had been identified. Sandra Seaton, Code Enforcement Supervisor, indicated the second goal was to make locations Tess vulnerable to graffiti. This would be done by enhancing the City's use of technology and materials to deter graffiti and protect locations, develop a graffiti prevention program to assist residents and businesses in taking steps to reduce victimization, to modify the zoning code to minimize opportunities for graffiti to occur and to collaborate with other agencies, such as Caltrans, to reduce potential for graffiti to be committed on properties controlled by these agencies. She commented the task force's goal was to provide every resident and business owner with the information, tools and motivation to make locations less vulnerable. Rick Riegel, Centralia School District, explained the third goal was to use the influence of schools to prevent graffiti. Beginning in elementary school and continuing through junior high and high school, the task force worked on developing and broadening a resource guide for parents, as well as including an anti graffiti message across the curriculum. Using existing school clubs and organizations, the task force looked at how to encourage students to make better choices. This partnership between the schools and the community, Mr. Riegel remarked, would enhance and strengthen graffiti education efforts. Joe Perez, Community Services Department, stated the fourth goal was to provide access to positive role models to foster constructive alternatives to graffiti. This would be done through the dissemination of anti graffiti messages as a component of existing youth programs, such as the YMCA, Boys and Girls Club, and Disney Goals as well as to enlist the assistance of faith -based organization in its efforts. The objective was clear, he stated, and it was to create a common message for youth programs and provide training to youth workers about graffiti to help them recognize signs of tagging and reinforce anti graffiti messages. This committee, he stressed, strongly believed repetition of this message was the key driver to success. Brian Fox, Deputy City Attorney, reported the fifth goal related to justice, to enhance the effectiveness of the justice system as it related to the prevention and prosecution of graffiti related crime. Simply put, the goal was to deter the crime by making the punishment Tess appealing. Another key point was to make parents more responsible for their children's actions and create an atmosphere where citizens understood their rights and taggers knew they would be held responsible for their actions. Sherri Vander Dussen, Planning Director, reported on the current graffiti eradication efforts. She stated Council had made graffiti removal a high priority and had allocated an additional $200,000 towards graffiti eradication this year which provided for the purchase of equipment and part-time staff. This allowed for quicker response times to reports of graffiti. She also indicated residents and businesses had become more engaged in the process with companies such as Clean City volunteering to remove graffiti at no cost for two months. The Planning Department and the Police Department were now sharing data on graffiti and the quality of investigation and prosecutions were being enhanced by better collaboration between staff and other agencies. She noted relationships between schools had been strengthened through this effort and the ease of using the 311 call system or Anaheim City Council Minutes of December 16, 2008 Page 5 of 14 Anytime on the web, provided for easy access to individuals reporting graffiti. She ended the presentation emphasizing with the community and the City working together, staff believed these initiatives would be effective. Council Member Hernandez applauded the effort by the Anaheim Shores neighborhood to create their own paint -out program and Chief Welter responded that he hoped other neighborhoods would get involved and do the same. Council Member Kring remarked she was glad to see there was parental involvement included in these strategies and hoped to see graffiti removal costs charged back to the parents. Mayor Pringle requested the departments report on how these strategies would be implemented. At 4:15 P.M., Mayor Pringle adjourned the special meeting of the December 16, 2008 meeting and called to order the regular meeting of December 16, 2008. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION: 1. LIABILITY CLAIMS Claimant: Renee Alexander, individually, and as proposed guardian ad !item for Maylia Alexander, a minor, (presently unborn), Maylia Alexander, individually, Sheryl Bell, Jerry Alexander, and the Estate of Julian Alexander Agency claimed against: City of Anaheim 2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: City of Anaheim v. William Lyon Homes, Inc., Orange County Superior Court Case No. 30- 2008 00100865. At 5:12 P.M., Council returned from closed session. Invocation: Pastor Mike Smith, Community Christian Church Flag Salute: Council Member Lucille Kring Presentations: Recognizing the winners of the Anaheim Beautiful Holiday Lights Contest Becky Aries, Anaheim Beautiful, congratulated and introduced the winners of the 2008 Holiday Lights Contest. Best Display of Lights awarded to Karen Martinez, Most Unique awarded to Kerri Kushner, Most Traditional awarded to Lee DiGregorio, Most Inspirational awarded to Julie and Bob Burnett, Best Animation to Howard Medrano and Community Spirit awarded to The White House, Bruno Serato. Acceptance of Other Recognitions (To be presented at a later date): Recognizing Jack White on his retirement from the City of Anaheim City Council Minutes of December 16, 2008 Page 6 of 14 Mayor Pringle announced this was the last meeting for City Attorney Jack White who was retiring at the end of the year, remarking he would receive Council's formal recognition at his retirement celebration. At 5:25 P.M., Mayor Pringle called to order the Redevelopment Agency and Housing Authority (in joint session with the City Council). ADDITIONS /DELETIONS TO THE AGENDA: The applicant requested Item No. 56, Public Hearing related to Abandonment 2008 -179, be continued to January 13, 2009. Staff requested Item No. 57, a public hearing, be postponed to January 13, 2008 for purposes of re- noticing. PUBLIC COMMENTS (all agenda items): Cathy Woodward, National Council of Negro Women, invited Council and staff to the Kwanzaa celebration to be held at the Muzeo, Sunday, December 21 from 1:00 4:00 P.M. in conjunction with the Under African Skies history exhibit. William Fitzgerald, resident, commented on Fair Political Practices change ruling regarding use of tickets for City -owned entertainment venues. Bill Hackbarth, resident, requested the City's help related to a problem he had with the Hermosa Village permit parking system. Mayor Pringle asked Deputy City Manager Joel Fick to provide assistance and follow -up with a report to Council. Mr. Bennari, voiced his concerns regarding marijuana use occurring at The Grove at a November 20 concert he attended and the lack of enforcement by Grove management. Mayor Pringle requested a report from The Grove Management and the Police Chief addressing Mr. Bennari's comments. Adam Mallard, General Manager of The Grove, indicated Grove staff had followed policies and procedures and concluded that crowd management risks outweighed the potential benefit of stopping the event (as Mr. Bennari requested) to find the offending party in this instance. Gigi Fusco Meece, Musical Theatre West, thanked Council for their support as Musical Theatre West expanded to Anaheim this year, announcing the various programs now available to the community. Referencing Item No. 39, Paul Andreessen, Anaheim YMCA, thanked Council for their past support, and urged Council extend the City's collaborative relationship with YMCA for the Children's Station childcare center Referencing Item No. 44, Steve Faessel, resident, supported Council's actions to establish Anaheim's newest 4 Historic District, the Hoskins Area, a residential neighborhood of mid century homes. Gail Eastman, Historic Preservation Committee, also supported Council's recognition of the Hoskins area becoming an Anaheim Historic District. City Council Minutes of December 16, 2008 Page 7 of 14 CONSENT CALENDAR: Mayor Pringle removed Item No. 9 and Item No. 15 from the consent calendar for further discussion. Council Member Kring requested Item No. 30 be pulled from the consent calendar. Council Member Kring moved to waive reading in full of all ordinances and resolutions on the balance of the consent calendar and to adopt 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 Galloway. Roll Call Vote: Ayes 5; Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried. 10. 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. 11. Review the need for continuing the local emergency heretofore proclaimed by the 1)129 Director of Emergency Services as ratified by previous action of the City Council concerning the Freeway /Triangle Complex Fire in the City of Anaheim, and, by motion, determine that the need for continuing the local emergency exists_ 12. Appoint Cristina Talley, in an acting capacity, as City Attorney effective December 27, D112 2008. 14. Approve the 2009 Investment Policy. D117 16. Accept the low bid of Mattman Global Specialty Vehicles, Inc., in the amount of D1R0 $164,832.73, for the purchase of a Fire Department rehabilitation vehicle for Public Works, Fleet Services Division, in accordance with Bid 7183. 17. Accept the low bid of Supplies Now, in an amount not to exceed $174,000, for the as- D180 needed purchase of Hewlett- Packard ink and toner cartridges for all City departments for a one -year period with three one -year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid 7193. 18. Waive the sealed bid requirement of Council Policy 4.0 and approve an amendment 4443.2 to the City's Westside landscape maintenance agreement with Mariposa Horticultural Enterprises, Inc., in the amount of $100,000 (including taxes), for the right -of -ways, parkways, medians, and tree wells, in accordance with the approved supplemental budget appropriations, and authorize the Purchasing Agent to take the necessary actions to implement the change in the related documents. 19. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing D1 fin Agent to issue purchase orders, in an aggregate amount not to exceed $175,069.22 (including taxes), for upgrades to the 9 -1 -1 dispatch consoles and accessories for the Police Department and authorize the Purchasing Agent to apply for reimbursements from the State of California 9 -1 -1 Emergency Communications Office. City Council Minutes of December 16, 2008 Page 8 of 14 20. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing D180 Agent to issue a blanket purchase order to ProForce Law Enforcement, in an amount not to exceed $50,000, for X -26 Tasers and related equipment for the Police Department for a one -year period with three one -year optional renewals and authorize the Purchasing Agent to exercise the renewal options. 21. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing D1 Rn Agent to issue a purchase order to Aero Dynamix, in the amount of $25,693, for helicopter instrumentation modification services for the Police Department 22. Waive the appraisal and newspaper publication requirements of Section 1222 of the nl fin Charter when selling surplus equipment from the Public Utilities Department, find and determine that such sale is in the best interest of the City and authorize the Purchasing Agent to accept bids and complete the sale of such equipment to the highest responsive bidders (2/3 vote required). 23. Approve the engineering services agreement with CH2M Hill, in an amount not to 5505 exceed $390,000, for the design of the Citywide Sanitary Sewer Improvement Program /Projects Group 4, at Beach Boulevard, Ball Road, Orange Avenue and Rome Avenue. 24. Approve the engineering services agreement with CH2M Hill, in an amount not to 5506 exceed $190,000, for the design of the Citywide Sanitary Sewer Improvement Program /Projects Group 4, at Water Street from Lemon Street to the 1 -5 Freeway. 25. Approve the engineering services agreement with Harris Associates, in an amount 5.507 not to exceed $185,000, for the design of the Citywide Sanitary Sewer Improvement Program /Projects Group 4, at Cerritos Avenue from Nutwood Street to Brookhurst Street. 26. Approve the engineering services agreement with PBS &J, in an amount not to 5508 exceed $180,000, for the design of the Citywide Sanitary Sewer Improvement Program /Projects Group 4, at Broadway from Brookhurst Street to Gilbert Street. 27. Approve the engineering services agreement with Psomas, in an amount not to 5509 exceed $320,000, for the design of the Citywide Sanitary Sewer Improvement Program /Projects Group 4, at Chapman Avenue from Harbor Boulevard to Euclid Street. 28. Approve the engineering services agreement with Psomas, in an amount not to 5510 exceed $305,000, for the design of the Citywide Sanitary Sewer Improvement Program /Projects Group 4, at Underhill Avenue, Ward Terrace, Cenpla Way, Center Street and State College Boulevard. 29. Approve the engineering services agreement with RBF Consulting, in an amount not 5511 to exceed $125,000, for the design of the Citywide Sanitary Sewer Improvement Program /Projects 4, at Western Avenue from Teranimar Drive to Ball Road. 30. Approve a professional services agreement with PBS &J, in an amount not to exceed 5512 $5,300,000, to complete the Anaheim Fixed Guideway Transit Corridor Study. City Council Minutes of December 16, 2008 Page 9 of 14 31. Approve the Agreement for Acquisition of Real Property with David Diaz Gorostieta 5513 and Angelica Maria Catalan, in the acquisition amount of $33,244.44, for real property located at 1776 South Dallas Drive, Unit C, for the Katella Avenue Smart Street Project Humor Drive to Jean Street (R/W ACQ2005- 00247). 32. Approve the Right -of -Entry agreement with Casa Resorts for property located at 1221 5514 South Harbor Boulevard for the Citywide Sanitary Sewer Improvement Program Group 3, Ball Road -Phase 1 from the 1 -5 Freeway to Harbor Boulevard of Model 21/26 Sewer Improvement Project. 33. Approve the Purchase and Sale Agreement and Joint Escrow Instructions with 5515 Plantation Mobile Estates, Inc. and T.A.C.O., Inc., in the acquisition payment amount of $13,342,000, for real property located at 1835 South Manchester Avenue and 1844 South Haster Street for the Gene Autry Way (West) /I -5 Freeway Highway Project. 34. Approve and authorize the Public Works Director to execute License Agreement 00- 5516 213 with Orange County Transportation Authority permitting the City to construct, maintain and operate a sanitary sewer line on South Street at the Metrolink railroad track. 35. Approve and authorize the Public Utilities Manager to execute an amendment to 5517.3 Groundwater Storage Program Funding Agreement for the purpose of adjusting the certification and billing provisions of the Metropolitan Water District of Southern California's long -term groundwater storage program. 36. Approve and authorize the Public Utilities General Manager to execute the 5188 Amendment to Electronic Presentment and Payment Biller Services Provider Business to Consumer Services Agreement with Metavante Corporation extending services to June 30, 2009 for electronic presentment and payment of utility bills via the Internet. 37. Authorize the Director of the Community Services to accept two grant awards from 1)150 the California State Library, in the amounts of $7,364 and $5,000, for the Public Library Staff Education Program. 38. Approve an Agreement with Republic Waste Services of Southern California, LLC, 1483.11 formerly Taormina Industries, to haul tree waste for recycling purposes. 39. Reaffirm and ratify the original Lease Agreement and approve the First Amendment to Lease Agreement with the Redevelopment Agency for property located at 100 S. 1514.I.2 Atchison Street to be subleased as a childcare center (Center); ratify the original 1514.II.2 Operating and Sublease Agreement and approve the Second Amendments to the Operating and Sublease Agreements with the Redevelopment Agency and Anaheim Family YMCA, to extend the agreements for five years with an additional five year option for the purpose of operating and subleasing the Center (Related to Agency Agenda Item No. 05). 40. Approve the renewal of the contract with CARE Ambulance extending the contract for 4410.2 an additional five years, expiring January 27, 2014, for ambulance services within the City. City Council Minutes of December 16, 2008 Page 10 of 14 41. Authorize the Police Department to enter into a Master Equity Lease Agreement with 551R Enterprise Fleet Management to lease undercover vehicles and authorize the Chief of Police to execute related documents. 42. Approve and authorize the Finance Director to execute the Second Amendment to 5519 Information Systems Facilities Management and Services Agreement with Saber Government Solutions, an EDS Company, to provide for a single three -year extension, expiring February 29, 2012. 43. RESOLUTION NO. 2008 -207 A RESOLUTION OF THE CITY COUNCIL OF THE 5.520 CITY OF ANAHEIM approving a Lease Purchase Agreement with Government Capital Corporation for the purchase of one (1) Eurocopter AS350B2 helicopter, and authorizing the City Manager to sign all necessary documents relating to such lease agreement. 44. RESOLUTION NO. 2008 -208 A RESOLUTION OF THE CITY COUNCIL OF THE 1)155 CITY OF ANAHEIM establishing the boundaries of the Hoskins Historic District and taking other actions in connection therewith. 45. RESOLUTION NO. 2008 -209 A RESOLUTION OF THE CITY COUNCIL OF THE D155 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 Phase II of the Affordable Housing Project located at 610 South Olive Street, (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. 46. RESOLUTION NO. 2008 -210 A RESOLUTION OF THE CITY COUNCIL OF THE P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 11209, 11210 and 11211). 47. RESOLUTION NO. 2008 -211 A RESOLUTION OF THE CITY COUNCIL OF THE P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 11214, 11215, 11216, 11217). 48. RESOLUTION NO. 2008 -212 A RESOLUTION OF THE CITY COUNCIL OF THE P110 CITY OF ANAHEIM vacating a portion of Grove Street pursuant to California Streets and Highway Code Section 8330, et seq. Summary Vacation (Abandonment No. ABA2006- 00140). 49. RESOLUTION NO. 2008 -213 A RESOLUTION OF THE CITY COUNCIL OF THE P110 CITY OF ANAHEIM vacating a portion of Crescent Avenue pursuant to California Streets and Highway Code Section 8330, et seq. Summary Vacation (Abandonment No. ABA2007- 00153). 50. RESOLUTION NO. 2008 -214 A RESOLUTION OF THE CITY COUNCIL OF THE P110 CITY OF ANAHEIM vacating a portion of Atchison Street and a portion of an alley pursuant to California Streets and Highway Code Section 8330, et. seq. Summary Vacation (Abandonment No. ABA2008- 00188). City Council Minutes of December 16, 2008 Page 11 of 14 51. RESOLUTION NO. 2008- 215 A RESOLUTION OF THE CITY COUNCIL OF THE FA 50 CITY OF ANAHEIM approving amendments to the Conflict of Interest Code for the City and various City agencies. 52. ORDINANCE NO. 6125 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF 3750.1 THE CITY OF ANAHEIM (i) approving Amendment No. 1 to Development Agreement No. 2005 -00008 by and between the City of Anaheim and Platinum Triangle Partners, LLC (ii) making certain findings related thereto, and (iii) authorizing the Mayor to execute said amendment for and on behalf of the City (Introduced at the Council meeting of November 18, 2008, Item No. 40). 53. ORDINANCE NO. 6126 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL 5026A OF THE CITY OF ANAHEIM (i) approving Amendment No. 1 to Development Agreement No. 2006 -00002 by and between the City of Anaheim and Platinum Triangle Partners, LLC (ii) making certain findings related thereto, and (iii) authorizing the Mayor to execute said amendment for and on behalf of the City (Introduced at the Council meeting of November 18, 2008, Item No. 41). 54. Approve minutes of the Council meeting of November 18, 2008 and December 2, 2008. END OF CONSENT: 9. Receive and file minutes of the Budget Advisory Commission meeting of May 21, B105 2008 and Public Utilities Board meeting of October 9, 2008 and November 6, 2008. Mayor Pringle stated his concern arose from an action by the Budget Advisory Commission recommending or supporting a fiscal impact analysis from the Planning Department based upon development in Anaheim. He, along with Council Member Hernandez, was not supportive of creating an additional hurdle for a developer to provide a fiscal impact report as to what a proposed project would cost and its financial impact to the City. He added he and Council Member Hernandez would like to discuss this with the Budget Advisory Commission to fully understand the need for fiscal responsibility. Council Member Hernandez moved to approve Item No. 9, seconded by Council Member Kring. Roll Call vote: Ayes 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried 13. Approve the Investment Portfolio Report for November 2008_ 0117 Council Member Kring complimented City Treasurer Hank Stern for receiving a credit rating of triple AAAf and a volatility rating of SI by Standard and Poor's, only the 4 city to receive this prestigious credit rating and moved to approve Item No. 13, seconded by Council Member Sidhu. Roll Call vote: Ayes 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried 15. Accept the low bid of Trans Energy,USA, in an amount not to exceed $3,698,706.83, 0175 for the purchase of petroleum fuel for Public Works, Fleet Services Division, for a one -year period with four one -year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #7190. City Council Minutes of December 16, 2008 Page 12 of 14 Natalie Meeks, Public Works Director, explained the bidding was for transportation costs and any extra delivery charges of the fuel prices only. The fuel prices, she emphasized, were set by OPIS, and because of the fluctuating prices, the City would pay the gas price in effect the Thursday before the order was placed She indicated this year the City budgeted $3.25 per gallon and the $3+ million cost was the maximum amount to be spent next year, given the fluctuating oil prices. Mayor Pringle indicated he had no issue with approving a vendor but wondered why it was necessary to approve twice as much as what the City would spend. After some discussion, Council Member Sidhu requested the maximum dollar figure be reduced to $2.5 million and if costs arose during the next year, staff could request additional funds; staff concurred. Council Member Sidhu moved to approve Item No. 15 as amended, seconded by Council Member Kring. Roll Call vote: Ayes 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried PUBLIC HEARINGS: 55. This is a public hearing to consider the issuance of bonds by the Anaheim Housing B137.1 Authority for the Lincoln Anaheim Phase B Project. RESOLUTION NO. 2008 -216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM pursuant to section 147(f) of the Internal Revenue Code of 1986 authorizing and approving the issuance of bonds by the Anaheim Housing Authority for the Lincoln Anaheim Phase B project. Elisa Stipkovich, Community Development Director, reported this item was a public hearing regarding potential issuance of tax exempt bonds for an affordable housing project on Lincoln Boulevard. She noted the City would partially fund the project, however, IRS rules stated a public hearing must be held. She explained this action would allow the developer to go forward with financing the project partially by this method, adding if bonds were issued, the Housing Authority would have the opportunity to approve or disapprove the financing. She reiterated this action was necessary to meet IRS regulations. Mayor opened the public hearing and receiving no input, closed the hearing. Council Member Hernandez queried how the bonds would be underwritten. Ms. Stipkovich responded it would not be an obligation of the City or of the Housing Authority, pointing out that this financing was negotiated between the developer and a private lender. She emphasized the lender and the credit information would eventually be considered by the Housing Authority. Council Member Hernandez moved to approve, seconded by Council Member Sidhu. Roll Call vote: Ayes 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried 56. This is a public hearing to consider a Resolution vacating a portion of an easement CON'T located at 570 Calle de Casas. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a portion of a fire and pedestrian access easement located at 570 Calle de Casas (Abandonment No. ABA 2008 00179). City Council Minutes of December 16, 2008 Page 13 of 14 This item was continued to January 13, 2009 at the request of the applicant. 57. CEQA NEGATIVE DECLARATION CON'T RECLASSIFICATION NO. 2008 -00215 VARIANCE NO. 2008 -04749 TENTATIVE PARCEL MAP NO. 2006-229 OWNER: Amanik, Inc., 603 Seagaze Drive, #759, Oceanside, CA 92054 AGENT: Halladay Mim Mack, Inc., 1181 California Avenue, Suite 102, Corona, CA 92881 LOCATION: 7260 Canyon Rim Road: This property is approximately 1.06 acres, having a frontage of 542 feet on the south side of Canyon Rim Road approximately 92 feet west of the centerline of The Highlands. Request to establish a 3 -lot, 3 -unit single family detached residential subdivision. This project requires approval of the following actions: Reclassification No. 2008- 00215 reclassification of the subject property from the Transition (T) Zone to the Single- family Residential (RS -3) Zone; Tentative Parcel Map No. 2006 -229 to establish a 3 -lot, 3 -unit detached residential subdivision; Variance No. 2008 -04749 to permit vehicular access on an arterial highway (Canyon Rim Road) where vehicular access is not permitted and permit parcels with lot depths less than 150 feet. ACTION TAKEN BY THE PLANNING COMMISSION: VOTE: 5 -1 (Commissioner Agarwal voted no and Chairman Karaki absent) on the following items: Approved CEQA Negative Declaration Approved Reclassification No. 2008 -00215 (Resolution No. PC2008 -106). Approved Variance No. 2008 -04749 (Resolution No. PC2008 -107). Approved Tentative Parcel Map No. 2006 -229 (Resolution No. PC2008 -108) (Planning Commission meeting of October 27, 2008) (Appealed by Anaheim Hills Planned Community Association) MOTION: CEQA Negative Declaration RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM finding and determining that the zoning map referred to in Title 18 of the Anaheim Municipal Code should be amended and that the boundaries of certain zones should be changed (Reclassification No. 2008 00215). ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2008 00215). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Variance No. 2008 04749. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Parcel Map No. 2006 -229. This item was postponed to January 13, 2009 for the purposes of re- noticing. City Council Minutes of December 16, 2008 Page 14 of 14 Report on Closed Session Actions: None. Council Communications: Council Member Hernandez thanked the Anaheim Shores community for their proactive stance in combating graffiti in their neighborhood and encouraged other neighborhoods to do the same. Council Member Galloway remarked Anaheim's 2007 rose parade float won the Mayor's Trophy and in 2008, the Governor's Trophy, and announced information on the 2009 rose parade design could be found on the City's website. Council Member Sidhu congratulated the Mayor on his appointment to the 21 Century Economic Commission by Governor Schwarzenegger and announced he looked forward to continue working to keep Anaheim moving forward. Mayor Pringle reported he had met with local FEMA representatives regarding the Freeway Complex fire noting that 275 residents had filed an application for aid or support in Orange County. He added FEMA would be accepting applications until January 18 He also reported on his travel to Washington D.C., at the City's expense, to meet with Senator Feinstein on City issues regarding the proposed economic stimulus plan as well as with the Secretary of Housing and Urban Development on that same issue. He also discussed Anaheim's interest in the California High Speed Rail at the Governor's D.C. office. Mayor Pringle and each council member also expressed their appreciation to City Attorney Jack White for his 34 years of service, recognizing his knowledge and experience will be greatly missed. Adjournment: With no other business to conduct, Mayor Pringle adjourned the December 16 meeting at 6:38 P.M. Respe Ily submitted, 4A Linda N. Andal, CMC City Clerk