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2012/06/05ANAHEIM CITY COUNCIL REGULAR ADJOURNED MEETING OF MAY 29, 2012 HELD ON JUNE 5, 2012 AND REGULAR MEETING OF JUNE 5, 2012 The May 29, 2012 regular adjourned meeting of the Anaheim City Council was called to order at 2:13 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. PRESENT: Mayor Tom Tait and Council Members Gail Eastman, Lord Galloway, Kris Murray and Harry Sidhu STAFF PRESENT: Acting City Manager Bob Wingenroth, Senior Assistant City Attorney Kristin Pelletier, and City Clerk Linda Andal FISCAL YEAR 2012/13 BUDGET HEARING Bob Wingenroth, Acting City Manager, announced the budget public hearing was to review and adopt the City's fiscal year 2012/13 budget pursuant to City Charter Sections 1202, 1203 and 1204. The budget documents and supplemental budget reports had been available to Council and the public since May 25, 2012 as legally advertised. He added this hearing would be continued to June 19, 2012, and may be continued at that time to subsequent dates prior to July 1, 2012 to meet charter requirements. He pointed out the proposed budget was a balanced budget, maintained reserves based on Council policy, and contained no cuts. OVERALL CITY PRELIMINARY BUDGET FY 2012/13: Acting Finance Director Debbie Moreno reported the overall budget for FY 2012/13 was a little over $1 billion, comprised of a variety of funding resources, both restricted (only used for specified purposes such as utility fees and grants and unrestricted). The restricted funds reflected 70 percent of the budget and the unrestricted reflected the remaining 30 percent of $400 million. Other Operating Costs represented $695.5 million reflecting about half the city's overall budget, and half of that was made up of power and water supply costs, which Ms. Moreno stated rendered one quarter of the city's overall budget. Those costs had increased about five percent over last year, attributable to the increase of power supply costs due to state mandates. The Debt Service ($135.2 million) for the payment of principal and interest on debt represented less than 10 percent of the city's overall budget with nearly half of the debt service associated with the Utility Enterprises. Another quarter of the overall debt service was for the resort improvements paid by the Lease Payment Measurement Revenue (LPMR). Capital Outlay of $220.5 million represented 15 percent of the city's overall budget and included the ARTIC project, construction and maintenance of roadways, and the improvement of critical enterprise infrastructure. This category, she explained, was down five percent compared to the prior year and was a reflection of the timing of various large projects. Personnel Services Costs of $435 million represented approximately 30 percent of the overall city budget and were virtually the same as the prior year. The general fund's portion of personnel services, she pointed out, was 40 percent with 35 percent attributable to internal service funds. The internal service funds, she further explained, paid for the benefits for the entire city and were already represented in other funds; she explained that when the doubling effect of the Internal Service Funds were removed, the general fund represented 60 percent of personnel costs and enterprise funds reflected 25 percent. She added without Internal Service Funds, the citywide budget showed a truer picture of the overall cost to the city and Personnel Services was reduced from 29 to 23 percent of the Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 2 of 27 overall budget and staff could then more accurately estimate the net pension cost to the overall city, about four percent. FULL TIME POSITIONS: As the proposed budget was put together, Ms. Moreno remarked, the focus was to maintain current service levels even with full -time positions reduced by five percent. Positions that were vacant through attrition were now eliminated in the proposed budget. For the category of Keeping Us Safe, there was a reduction of 15 positions with 12 of those positions related to removing a fire truck from service and three positions due to reorganization of the Fire Department. For Providing the Necessities, four vacant positions in Public Utilities were eliminated. Under Ensuring Quality of Life, 24 positions were removed as a result of the elimination of the Redevelopment Agency; she explained nearly all of the positions in Redevelopment either voluntarily terminated or placed in other positions within the city. Another 28 positions were from the prior year reduction for labor and park maintenance that were implemented during the current year and the remaining positions were vacant. Since 1991, she commented, Anaheim continued to be at its lowest level of employees and compared to 2008/09, there were 333 positions less. CAPITAL IMPROVEMENT PLAN: The capital improvement plan highlights included ARTIC, the design and development of Mira Loma Park and community center, restoration and reuse of two historic commercial buildings in the Packing District, remediation and related site work on the former landfill for the Westgate project, development of the new community center and gym at Ponderosa Park, and an expansion of the Anaheim Convention Center with the addition of the Grand Plaza. She emphasized there were no capital projects included in general fund expenses. GENERAL FUND (GF) REVENUES: Nearly 75 percent of general fund revenues before transfers to other funds reflected the top three revenue producers: Transient Occupancy Tax (TOT), Sales and Use Tax, and Property Taxes and after transfers; the top three producers were more than 90 percent of net revenues. TOT was projected to increase by $6.8 million and sales and use taxes were expected to end the year at about six percent over the last year with growth in most sectors, but especially in transportation and construction. She added that the next year should expect growth of about 5.9 percent, slightly less than the current year. Property tax was expected to remain relatively flat with possibly a slight decrease this year and for the next fiscal year; staff estimated a one percent decline. GENERAL FUND EXPENDITURES: Ms. Moreno remarked nearly 213 of budget expenditures were earmarked for the category of Keeping Us Safe, 16 percent on Ensuring Quality of Life, seven percent on Providing Necessities /Civic Upkeep, seven percent for Administering Efficient Government and Four percent for Supporting Activities. Seventy percent of the budget expenditures reflected the cost of salaries and wages, pensions and other benefits. The remainder of the budget was for other operating costs, such as maintaining and operating safety vehicles, utilities, training, office supplies, and contracts to help those that provided services to accomplish the daily work. GENERAL FUND KEY ASSUMPTIONS: Ms. Moreno pointed out the strategy for building the proposed General Fund budget was to first balance the budget without the use of reserves and to maintain current service levels. Additionally, as resources became available, service enhancements would be provided, taking into account City Council priorities. In doing that, she explained, the preliminary budget and five year plan were developed mindful of future PERS impacts. Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 3 of 27 FIVE YEAR PLAN: In FY 2012/13, Ms. Moreno stated the General Fund should reflect a surplus of $2.5 million and this surplus included enhancements already earmarked for graffiti and the opening of the Ponderosa Library, five days a week. In FY 2013/14 and 2015/16, the surplus was estimated at $1.7 million primarily because PERS announced rate increases based on changes to their underlying assumptions that would take effect in both of those years. She noted staff was recommending other service enhancements of an ongoing nature of approximately $1.5 million and one time enhancements of $800,000. She explained that if implemented as recommended, the city would maintain reserves of 8.3 percent which was equal to about one month of expenditures and within the city's long- standing policy of 7 -10 percent. Mr. Wingenroth, Acting City Manager, highlighted the $1.5 million in service enhancements proposed for this budget, explaining they were developed based on council priorities and in working with departments regarding their recommended needs to start rebuilding losses. He explained the recommendations for the category of Keeping Us Safe reflected an expense of around $940,000 to add four civilian positions that would allow sworn officers to spend more time in the streets and provide two sworn officers in the GRIP and Cops for Kids programs. In the Fire Department, additional resources would be allocated to give additional capacity during high fire hazards and red flag days, for updating electronic equipment in fire trucks and providing more resources towards emergency preparedness projects. In the area of Ensuring Quality of Life, staff proposed expenditures of $130,000 related to increasing park ranger patrol coverage and increasing part -time staff hours to allow coordination for more volunteers to help serve the city. For the Planning Department, the additional resources would provide two concierges consistent with the Regulatory Relief initiative. For the one -time expenditure proposals totaling $800,000, Mr. Wingenroth stated they included $240,000 for advanced hiring practices to transition police officers as they retire and /or leave the department, as well as additional funding for dashboard crime mapping capabilities. For the Fire Department, $300,000 was earmarked for a fire ladder vehicle to be upgraded to carry water and a pump to give that vehicle greater capability and additional funds to perform a community needs and risk assessments to enable the Fire Department to better perform their job. In Public Works, the remaining $300,000 was proposed for the refurbishing of Pearson Park, sidewalk replacement at various parks and communities centers, and for upgrading the lighting at Manzanita Park. Mr. Wingenroth emphasized Council's feedback and or redirection on these proposed service enhances was requested, pointing out that as each department presentation took place, more details on the proposed enhancements would be provided. Council Member Galloway requested details on the Debt Service expenditures with Ms. Moreno responding the total reflected $135 million with nearly $60 million related to water and electric utilities and about $17 million for the Convention Center and Stadium improvements. The LPMR was related to resort improvements with less than 30 years remaining on the debt. She added the debt grew by about three percent annually and when funds were borrowed for those resort improvements, the City also committed to putting money away to the trustee (as it was received) to make the debt service payment which was based on a percentage equal to the TOT, sales and use tax, and a small portion of property tax. Council Member Murray remarked as hotel rooms were added to the resort area, would that add to the components paying down those debts. Ms. Moreno confirmed as those revenues increased, the amount to pay down bonds also increased. Council Member Murray then inquired if development in the resort area did not occur would there be a point when those payments could impact the general fund. Ms. Moreno indicated the debt obligation was limited to a percent of the TOT and would not revert back to the General Fund. Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 4 of 27 ANAHEIM POLICE DEPARMENT (APD): Police Chief John Welter remarked that his focus would be to expand on the problem- oriented policing efforts approach to crime with the help of the community in order to remain one of the safest cities in California. The Proposed Operating Budget for FY 2013 was $119.3 million including revenues from multiple funding sources. The budget contained 349 sworn officers, 181 professional staff and 64 full -time equivalent part -time employees performing a number of tasks throughout the Department. He pointed out the personnel numbers represented a 14 percent reduction in staffing over the past three years and yet the Department still policed a population of 350,000 and 20 million visitors that passed through Anaheim. PERFORMANCE INDICATORS: One of the most important performance measures was the police patrol response to priority calls for assistance. In 2009, the average response time was just under 8 minutes, and over the past couple of years, Chief Welter remarked, the response times increased even though the number of calls for service decreased, most likely the result of fewer officers on the street to respond to calls. With the implementation of the automated vehicle locator (AVL) and GPS systems which were deployed in January 2012, the response times were now back to an average of 8:30 minutes. Overall, Part I crimes were slightly up over the last two years (robbery, rape, murder, mayhem or serious injury assault) as a result of an overall increase in violent crimes throughout the state. Similar trends were occurring in Anaheim, he pointed out, but the city still remained one of the safest of California's ten largest cities. Clearance rates, percentage of crimes solved through investigation and arrest, continued to go in the wrong direction over the last several years, thereby explaining his request to the City Manager for supplemental funds to receive additional investigative aides to get those clearance rates higher. By using civilian personnel to help investigate crimes, officers could be on the streets interviewing suspects and doing more proactive police work. The trend in violent crime and property crime was attributed to fewer detectives investigating crimes due to personnel losses. Further, not only were there fewer detectives available, but detectives were also required to spend time working in patrol to make up for the lost of patrol officers. Traffic accident rates remained steady over the last several years with no change anticipated for next year. He stated the Department continued to work with youths as part of short and long -term crime prevention efforts, pointing out Anaheim had the oldest and largest police explorer posts in Orange County. In addition, the Department served school -based and after school programs with junior cadets and Cops for Kids, programs that provided at -risk children with social skills, problem - solving, and a healthy and safe environment to interact with adults and other children. CURRENT YEAR ACHIEVEMENTS: Helicopters were updated with enhanced mapping capabilities which offered a moving map of their location and pilots in remote areas were now able to download live video and location information to incident command personnel and communication dispatch centers. The K -9 unit assisted with 4,400 calls for service, a savings of 130 personnel hours due to their efficient search capabilities, making 210 arrests, and part of seizing $3.8 million in narcotics - related assets. The community had contributed by continuing to respond to requests to expand neighborhood watch and business watch programs and over 45 neighborhood watch groups had been added to the program over the last two years. The East District community policing team completed a Problem Oriented Policing (POP) project in the Park Lane neighborhood that resulted in a 50 percent decrease in Part I crimes, a reduction in calls for service, and noticeable aesthetic improvements to several of the complexes in the area. This effort, he emphasized, was the type of work the Department wanted to continue. The community policing team also produced a video on preventing thefts from automobiles, featured on websites and played on local government TV channels. In addition, Anaheim led the multi - jurisdictional team that investigated the murders of homeless men throughout Orange County Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 5 of 27 and continue to support the District Attorney in prosecuting that suspect. In 1998 cold case murder of a state of California prison guard, the Department reopened the case after uncovering new information resulting in the arrest of three suspects with one suspect still outstanding. He added for the 3rd consecutive year, Anaheim PD was awarded grant funding for GRIP or gang reduction intervention partnership which allowed for expansion into three additional Anaheim schools. This very successful initiative was designed and developed in Anaheim and has now expanded from two Anaheim schools to 11 and almost 50 schools countywide, an example, he noted, of the Department's leadership in the policing profession. For the Investigations Division, Community Based Information system (CBIS), a web -based information data base was now available to city, county and state government programs and services aimed at helping direct customers to non - police related services. The Division recently automated information that notified law enforcement when an individual was determined to be in possession of a prohibited fire arm and last year another service provider was added to the Anaheim Family Justice Center. The Mariposa Women and Family Center joined the ranks and provided parent counseling, job training, substance abuse counseling, and professional development training which brought the total number of services offered at the Center to twelve. The Omega dashboard, that was now up and running, was a software program that data -mined dispatch and records information to make it available through a web -based server to certain authorized APD users. It allowed for quick identification of crime patterns, hot spots, and trends and then responded accordingly with the right strategy. Earlier this year, Chief Welter pointed out, the Department was able to push crime mapping capabilities to the public web page, which offered the community information on crime, trends and hot spots in their neighborhood. It was anticipated this would motivate people to take the offered advice on how to prevent becoming a victim. Blue check fingerprint devices were also deployed into the field and allowed officers to scan a single fingerprint and quickly and accurately identify that person, a big jump in technology he pointed out. For the Special Operations Division, the Department remained in compliance with state mandated peace officers' training requirements and Anaheim and Santa Ana continued to co- manage the UASI program which helped Orange County prevent, prepare and respond to natural or terrorist related events. Human trafficking investigations resulted in the rescue of numerous young female victims and to the arrests and conviction of those who lured and abused them. He noted the success of the Anaheim program had been widely reported by CNN and America's Most Wanted as well as receiving local and national awards. The major narcotics unit was successful last year in seizing narcotics, over 169 percent increase with a 68 percent increase in arrests, and 385 percent increase in asset seizures totaling over $22 million. He added the Department remained concerned about the potential of legislative legalization of general marijuana use when all other narcotic activity seemed to be on the increase. The Record Bureau, a 24/7 operation, provided information to authorized persons within hours of a document's completion and last year over 60,000 reports were processed and over 48,000 customers were served at the front counters. The communication center answered 535,600 calls in the first 10 months of the current fiscal year, 149,000 9 -1 -1 calls and dispatched police officers for nearly 157,000 calls for service. This last year, he added, the numbers of volunteers were increased by 40, bringing the total number to over 100 contributing over 350,000 personnel hours in meaningful crime prevention work. Another session to the Jr. Cadet program was added, bringing the total number of 14 week sessions to seven allowing over 1,400 students to benefit from this service. The Cops for Kids program had over 1,000 participating youths in a variety of programs such as after school homework, boxing, soccer, karate and a number of outdoor adventure opportunities. He emphasized the purpose of Cops for Kids was to strive to develop respectful, responsible and disciplined youth. To expand its Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 6 of 27 use, he offered that this area was one of the programs the Department requested additional service enhancements funds. In the last budget year, Chief Welter explained, the Chief's advisory board began sponsoring a limited number of college aide police cadets who were going to college and working at the police department and sponsoring them into the Fullerton College Police Academy. This program cut the recruitment and training time for a police officer from 18 months to an immediate placement when a position became available. Additional resources were requested for this advanced hiring practice to continue in FY 2013, as part of the added service enhancement funds identified earlier. For the Operations Support Division, the APD managed two DUI grants totaling $500,000 from the state Office of Traffic Safety. One of the grants, he added, supported Anaheim Traffic Enforcement and the other supported countywide DUI prevention. Last year the traffic bureau issued 35,000 citations for moving violations which helped keep roadways safe and over 3,400 commercial enforcement citations for large commercial vehicles. The Division continued to expand the jail pay -to -stay program which increased revenues last year; $300,000 in revenues were anticipated for the end of this current fiscal year, which double last year's revenues. The Division also worked closely with Orange County Alarm Association to implement an improved false alarm ordinance resulting in a 20 percent reduction in false alarms during the first quarter of 2012. That 20 percent reduction, he explained, benefitted officers so they were available for more crime prevention and law enforcement work. Since the implementation of Automated Vehicle Locator (AVL) and Global Positioning System (GPS) technology, Chief Welter pointed out, response times were moving in the right direction. Dispatchers were able to see in real time which police officers were closest to a scene and were more appropriate to handle calls. The Division actively sought grant funding opportunities to offset general fund expenditures and continued to work with other city staff and the community to enhance the Hi Neighbor initiative, the foundation of community- oriented policing and problem - solving strategy. Department communications had been improved; information monitors were now installed throughout the police station; brief quarterly meetings were open to all personnel who wish to attend; a peer support program was in effect, and an internet department system called My APD was available. One area of expanded technology was the digital audio reporting initiative, and beginning last month all uniformed officers were issued digital recorders which helped with report writing and testimony and also supported transparency of police operations. APD also developed a data base to track all significant issues of force by officers which documented incidents with reports and photos, with the information then used to determine policy compliance, improved training and tactics, and to identify equipment needs or issues. SERVICE OBJECTIVES FOR FY 2013: Service objectives for the coming fiscal year included: 1) reducing response times by 30 seconds for Priority 1 calls to take advantage of AVL and GPS technologies and to use the Omega dashboard to connect it more effectively to other technologies; 2) explore opportunities to expand problem - solving concepts and continue with current problem - solving activities, a more effective and financially efficient crime problem strategy; 3) expand crime prevention by educating residents and business owners and to assist them in preventing crime in neighborhoods and business areas with the use of on -line crime mapping and prevention information; 4) continue to manage UASI grant funding including tactical emergency casualty care, impact of mass violence, trauma and victimization on first responders, continued terrorism liaison officer training and to provide security upgrades to more critical city assets; 4) expand Intelligence Led Policing (ILP) program thru the Orange County Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 7 of 27 Intelligence Assessment Center. For the Investigations Division, services objectives were as follows: 1) to expand the successful GRIP program to three additional Anaheim schools, Sycamore Jr. High, Edison Elementary and Paul Revere Elementary, bringing the total number of schools involved to 12. He added with additional funding resources the Department was working on a plan to add Ponderosa Elementary and two other schools to that program, if possible; 2) the implementation of a 4th gang injunction; and 3) to improve procedures related to school lockdowns in emergency situations. For Operations Support, the service objectives for the coming fiscal year were to: 1) expand 9- 1-1- for kids educational assemblies for 2 nd and 3rd grade students in 12 — 18 schools; 2) reduce queue times in communications by 10 percent, 3) to invest in proven technology to detect, prevent and eliminate criminal activity whenever and wherever possible, 4) increase the jail pay - to -stay program by 20 percent; 5) develop a mentorship program for older youths to mentor younger youths; and 6) increase bike and pedestrian enforcement to reduce traffic collisions by working with the community, school districts and crossing guards to better protect students. Chief Welter ended his presentation remarking the majority of work at the APD was focused on and in support of reducing crime rates and call response times, enhancing community problem solving and supporting community driven crime prevention endeavors. Council Member Murray requested Chief Welter address the importance of building back personnel, once budgeted at 400 officers and now down to 349. Chief Welter responded that coupled with new technologies, the Department continued to look for ways to be more efficient and effective and was achieving some successes. He stated the Investigative Bureaus clearance rates were down and reflective of the loss of officers. He added in the future, he hoped to add additional officers, as the Department was on a more reactive program rather than a proactive one. Council Member Murray inquired how the Department would manage the impacts relating to the issue of realignment and the state's handling of their own budget crisis coupled with the state prisons releasing to local communities. Chief Welter responded the issue was complex and the Orange County Sheriff's Association had been working for over a year with the Probation Department on how to track, receive, enforce and make sure people who come back to the community do not immediately turn to crime. There was a plan, he emphasized, to have two additional patrol officers and more organized sweeps and searches for probationers and parolees. He added there was also funding earmarked for local police departments for this issue. Council Member Galloway was supportive of efforts focused on youth and gang intervention. Mayor Pro Tern Sidhu added should additional revenues be received, he supported the addition of more sworn officers. Council Member Eastman was supportive of the advance hiring program, funds that would support officer ready replacements, and for technology enhancements as those enhancements seemed to get the biggest value for the dollars spent. At 3:12 P.M., the adjourned regular meeting of May 29, 2012 was adjourned and Mayor Tait called to order the regular meeting of June 5, 2012. ANAHEIM FIRE DEPARTMENT (AFD): Fire Chief Randy Bruegman reported the Department expenditure for FY 2013 totaled about $60 million, with $15 million attributed to in- coming revenues for a net total of $45 million in general fund costs. Full time employees reflected 260 with 12 part-time full -time equivalents. He remarked the department tried to keep in balance the burden on the general fund as it was an important cost in how to manage and develop the system for the future. Revenues reflected 25.7 percent of the budget with almost half of that Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 8 of 27 related to the Metro Cities contracts to operate a comprehensive and well run dispatch center for seven other cities as well as providing the Disney Resort with paramedic coverage on a 24/7 basis. Other revenues were derived from paramedic transport fees and permit fees. PERFORMANCE INDICATORS: The performance indicators looked at turnout time for crews once notified of an emergency, fire response travel times, which were discussed with the removal of units last year, and how long it took to complete the overall response time. He remarked that next year he would bring back fractal measurements rather than percentile measurements which were a more precise indicator of performance. CURRENT YEAR ACHIEVEMENTS: Service Delivery statistics reflected nearly 30,000 calls for services, 20,000 of which were medical incidents, 721 for various fire incidents (500 in the city and 200 assisting other agencies). The bulk of the department's function, he remarked, was for non -fire protection and his focus was to maintain an effective fire force while also providing service to all the other demands required. He anticipated bringing back other strategies for Council's consideration as these efforts were being evaluated. Over 66,000 units were dispatched over the prior year and inspectors performed over 6,300 fire and alarm safety inspections. Over 1,600 fire code permits were issued, over 400 trade shows were inspected and 7,600 inspections on plan checks were completed, 862 of those related to fire protection installation. One of the focuses brought to Council was the Ready, Set, Go program which reached out to 15,000 residents to provide them with information on how they could help prepare and lower risk in fire hazard areas. The EMT group became a certifying entity to train EMT's, one of the few departments in the state recognized to provide that service with two nurses on board who brought that program to fruition. Paramedic teams attended over 170 special events, at least a two person medical team to focus on players and umpires and coaches on the field. The Department also issued a strategic planning process and a standard cover evaluation, evaluating how resources were deployed today and in the future. Part of that, he explained, was in conjunction with international work on an international fire service accreditation model which focused on quality of improvement geared toward the fire service, a effort that was continuing. The Department also partnered with APD to establish a tactical medical program, training several paramedics to attach themselves to the SWAT unit. He added this was reflective of the good partnership the department enjoyed with public safety throughout the organization. Phase 1 of the regionalization study was completed and staff continued to work on that in anticipation of bringing back recommendations to Council in the next several months. The Department also accepted delivery on two Type 1 pumpers and took delivery as well on three Type 3 pumpers, the wildland urban interface units and was close to putting them in service. With the help of Human Resources, the promotional process for captains, engineers, and dispatch supervisors was completed during the year and staff had also participated in the Mayor's Regulatory Relief Task Force efforts and would be bringing forward regulations resulting from that process. Outreach efforts was another focus for the past year and Stations 6, 10, and 11 held open houses with over 1,000 people in attendance, while the Toys for Tots and Spark of Love program were also successful. Over 200 outreach programs were conducted that touched 60,000 residents and the Every 15 minute program focused on drinking and driving at three high schools this year had over 3,000 students in attendance. The Emergency Operations Center conducted four training sessions this year, including a point of dispensing exercise in which the department dispensed over 500 flu shots as citizens drove through a checkpoint, a good test of the system in case it ever needed to be put into action. This program, he added had been Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 9 of 27 recognized as a national model of excellence by the National Association of City and County Health Administrators. The Department also partnered with the Mayor's office in concert with the American Red Cross to reach out to seniors regarding safety through emergency preparedness, a program that was now ready to launch. Chief Bruegman added staff had also supported the Mayor's Resiliency project and coupled with efforts of emergency preparedness, nine volunteers received presidential awards for the hours they committed to the department and to the city as a whole. Two other staff members received credentialing as peer assessors for the Emergency Management Preservation program which allowed them to be used as peer assessors for other agencies and the CERT program was recognized as one of the best crafted by FEMA. FY 2013/13 OBJECTIVES: Next year the department would focus on completing the Strategic Planning and Standard of Cover process to bring back options for Council's consideration and would also apply for International Fire Service Accreditation to continue to focus on quality improvement as an organization. Staff would also develop a dashboard of performance measurements that truly measure levels of performance, complete a new North Net Training Center Joint Powers Agreement, pursue recommendations outlined in Phase 1 of the Regionalization Feasibility Study, reorganize the Life Safety and Hazardous Materials sections to eliminate one senior deputy and become more efficient with two senior supervising inspectors, and increase the number of participants in the Paramedic Subscription Program. In addition, the Department would enhance the emergency equipment complement next year with the help of Public Works to replace an aged Type 1 engine with a Quint unit, and would also add a new Type 3 engine to the fleet which should be sufficient for the wildlife interface issue. Also in the works was the purchase of new cardiac monitors and to refresh 14 of the monitors currently in service. A new USAR trailer would be placed into service and staff would modify a trailer donated to the department to be equipped with miscellaneous tools and supplies for quick deployment on major incidents. Council Murray requested Chief Bruegman to speak on staff ratios and the department's current status. Chief Bruegman responded that historically there were about 290 full time positions, 231 which were sworn. Today there were 204 sworn positions for a total of 260 full time employees. A couple of units had been taken out of service and staff had been reengineered and retooled to meet the budget demands of the past 2 -3 years. Part of the strategic visioning was looking at how to grow back in relation to community risk and demands for service and he hoped to bring back some options for council to consider for the future. Council Member Galloway wondered if reductions impacted response times and services to the community with the Chief responding that response times and travel times had been impacted as there were fewer resources to respond to multiple events. PUBLIC UTILITIES DEPARTMENT: Marcie Edwards, General Manager, reported the proposed budget for the electric and water utilities reflected $524 million. The major elements of the budget was the operating budget of $144 million which included $60 million for debt service and $44 million for field and operation expenses that are required to run the systems; $34 million for expenses associated with supporting the other operations of the utilities — the call center, meter reading, billing, technology, energy risk analysis, financial services, and about $5.5 million in business and community programs. The power supply component reflected $304 million and as compared to current year total power supply expenses, was expected to increase by about $31.5 million. She explained that this was an increase of a little under $23 million for new renewable power purchased to comply with state mandates for an average of 33 percent renewable power in its portfolio by 2020 with an interim target of 20 percent renewable power by the end of 2013. $20 million of that $23 million was for the Brea Power project, a landfill gas -to- Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 10 of 27 energy project which would give Anaheim an additional 27 megawatts of renewable power with the remaining $3 million to be used for renewable energy credits and small amount of wind power. She noted Anaheim was on track to be at the 20 percent required mark for renewable power in 2013 without further base. rate increases at this time. A detailed workshop on renewable power was planned for Council in the near future. The water supply component reflected $30 million with an assumption that the MWD commodity as well as fixed rate issues would increase by about 7.5 percent, somewhat offset by the ability to pump more local inexpensive groundwater. She noted that the planned capital budget was down but did not reflect the fact there was less work occurring but was a reflection of timing. PERFORMANCE INDICATORS: Ms. Edwards remarked Public Utilities routinely tracked a large number of indicators and provided that information to council throughout the year with the last detailed report being submitted three months ago. Rates compared well, reliability was excellent, and the availability and quality of Anaheim's commodities were above average. REVENUE AND ECONOMIC PERFORMANCE: She reported revenue indicators and projections were key to success as the Utility gets revenue from multiple sources, not solely from what was billed to the customers. Electric retail sales were by far the largest source of revenue which was projected to remain relatively flat with no base rate increases projected for FY 2013. The rate stabilization revenue reflected revenue funded through rate stabilization charges on customer's bills and this charge could go both up and down dependent upon the underlying increases and decreases in more volatile costs, power supply, fuel and environmental mitigation. Water sales reflected revenue collected from customers from the sale of water to their respective homes and businesses with not much secondary revenue sources available. Surplus energy reflected revenue collected from other utilities on the occasion that electricity was sold to them and transmission revenues reflected rent collected from other utilities for their usage of Anaheim's large transmission lines. She pointed out, the Utilities was not only an enterprise department, but also operated as a not - for - profit enterprise, so without secondary sources of income, such as surplus energy sales and transmission rental revenue, customer rates would by necessity have to increase in order to make up the difference. Ms. Edwards explained that given that the largest revenue source was retail sales, electric and water revenues were lagging indicators of the economy and in addition to a soft economy, Anaheim also experienced multiple cool summers, where temperatures were significantly under the norm and combined with conservation measures had an impact on sales. Sales were based on the number of units sold, even though the majority of costs, such as the cost to build and maintain power plants, water wells, reservoirs, etc. were largely fixed. However, she pointed out, the department continued to tighten its expenditures and managed through this period reasonably well and still maintained Water's AAA credit rating and Electric's AA- by Fitch as well as S &P. CURRENT YEAR ACHIEVEMENTS: Ms. Edwards stated the opening of Canyon Power Plant was the highlight of the year but she was also proud of a number of other accomplishments. In May, a two year project to replace the 17 year old Customer Information System (CIS) used to manage functions associated with billing, revenue and all customer information management was started. Stimulus funding enabled a major retrofitting of the lighting in the Convention Center as well as a green roof that reduced thermal impacts for improved building cooling. Stimulus funds were also used to convert street signs to LED lighting which enhanced readability and safety with over 1,000 signs replaced. Two new water wells were completed, Well 54 and 56 that replaced four older wells. She noted the Water Utility had relatively fewer customer outages associated with water main breaks due in part to the preventive maintenance program which this year replaced over 160 water valves, exercised another 10,000 valves out of Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 11 of 27 the 24,000 valves in the system. Staff also exercised and flushed almost 4,000 of the 7,800 fire hydrants. In the Electric Utility, accomplishments were mainly in the area of reliability, replacing 60 poles, 20 pole tops and switches, 50 transformers, 24 capacitors, 7 miles of direct buried cable, 10,000 circuit feed of overhead line, and the repair of almost one quarter of the city's 20,000 street lights. She added for the 4 th year in a row, Anaheim Public Utilities was designated Reliable Public Power Provider, RP3, awarded by a national organization to public utilities that demonstrated proficiency in reliability, safety, training and system improvement. She noted less than 10 percent of 2,000 public agencies nationwide achieved this standard and Anaheim Public Utilities was one of only six California public utilities awarded this recognition. In addition, Anaheim's electric crews assisted in restoring power to Pasadena residents, and Pasadena then reimbursed the city for the costs. The Canyon Power Plant was now fully operational and two local power plants now provided electricity to meet peak demand, enhanced electric system reliability and reduced the reliance on out -of -state power. She added staff also continued efforts at undergrounding the electric system and this year the Imperial Highway project and the Lincoln Magnolia project were both completed and the La Palma Brookhurst project was currently under construction. PLANNED UTILITY INVESTMENTS FOR FY 2013: Ms. Edwards reported that next year the Department would complete the water recycling demonstration facility located next door to city hall, to include a 100,000 gallon per day treatment facility that would eventually offset the need to import up to 35 million gallons of water a year. This facility would also showcase other water technologies such as water efficient irrigation, drought tolerant landscaping, rainwater harvesting technology and porous pavement, which allowed water to sink through and recharge into the aquifer. She noted the Water Utility continued to enhance reliability throughout the city and several capital projects were scheduled to be completed in FY 13, including upgrading the Linda Vista Reservoir and pump station, the Hidden Canyon Pump Station upgrade, and the drilling of Well 58 in Anaheim Lake. Planned investments on the Electric Utility side included circuit breaker replacements at the Lewis Substation, the main point of interconnection with the regional grid, further automation of the electric distribution grid (the small wires traveling up and down streets), and the installation of more smart switches that could be used to remotely restore power to customers within seconds. The Department would also test self - healing technology on certain circuits in which the circuits sense disturbances or failures and automatically reconfigured themselves. She reported the street light monitoring program was another project that aimed to further automate the electric utility operations and over the next year, staff planned to install remote monitoring equipment on 200 street lights in a pilot program which would then be integrated with an existing electronic work management system and when a street light malfunctioned, it would automatically create a work order for staff to repair. The Electric Utility would continue its investment in undergrounding and four projects were planned to begin construction in FY13 which would be outlined in detail in a July workshop. The Council congratulated Ms. Edwards on her accomplishments. PUBLIC WORKS DEPARTMENT (PW): Natalie Meeks, Public Works Director, reported the proposed budget for FY 2013 was $290 million and included funding for six divisions with 235 fulltime positions, and capital improvements, the largest component of the budget, included $187 million for the ARTIC and ARC transit projects. PERFORMANCE INDICATORS: Performance Indicators meaningful to residents, businesses, and visitors showed a pavement condition rating of 73, a good status, with 100 being a brand new surface. The solid waste collection and recycling efforts met the city's 90 percent goal of satisfaction, and for the 7 th consecutive year, the city diverted more than 700,000 tons of Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 12 of 27 Anaheim trash from landfills through a combination of waste prevention efforts such as recycling, reuse and composting activities. Targeted recycling efforts for the coming fiscal year were forecast at 60 percent. Earlier this year, she reported, Republic Services completed Phase 1 of the two - phased $40 million modernization project designed to improve recyclable recovery at its Anaheim facility and was recognized to be one of the most sophisticated recovery facilities in North America. Phase 1 of this project also included a new EcoCenter which would offer the ability to work closely with the community to provide education and outreach on the importance of recycling and give stakeholders a front -line view of what happened to their trash. Several outreach programs were accomplished, the anti - litter poster contest and the 4th annual compost give -way for residents, and she noted, Republic Services was also committed to providing compost for the community garden program currently underway. CURRENT YEAR ACHIEVEMENTS: This year, Ms. Meeks announced, the long- awaited Gene Autry project reached 70 percent completion and was anticipated to be open by October 2012. The Department also worked in partnership with the Convention Center to design and construct the Convention Center Transit Plaza located in the heart of the Anaheim Resort that included a two -way street, designed and constructed with a traffic circle and the ability to accommodate buses and taxis for loading and unloading, in preparation for the new Grand Plaza project currently under construction. PW was also partnering with Disney to improve way finding signage for traffic information to resort guests, making it easier for guests to navigate around the resort especially during peak visitation hours. An assessment of existing sewer system was conducted a number of years ago and an extensive sewer repair and rehabilitation and capacity program using sewer fees and bond funding was established. Recently the Department received nearly $2.5 million in Clean Water State Grants to help fund four additional sewer construction projects and as a result of successful grant leveraging, along with the a favorable bidding climate over the last several years, the department would exceed by 50 percent of its original goals of addressing citywide sewer deficiencies. This success also resulted in the recent bond upgrade by Fitch from AA to AA +. She added the Department also received grant funding from federal Economic Development Administration to improve pedestrian connectivity around the Anaheim Canyon MetroLink station with the funds to be used to design and construct sidewalks, streets, and median island improvements along La Palma. The Department also successfully leveraged transportation funds to compete for additional grant funding and this year were awarded nine Measure M grants through a vigorous competitive process. She remarked the Department also made strides in the development of major transit initiatives, the ARTIC pre -bid workshop was conducted on May 2 nd with over 200 attendees and 19 general contractors, the final design plans were completed, including environmental clearance from the Federal Transportation Authority and this landmark project was currently out to bid. Staff was also preparing the alternatives analysis for the Anaheim Rapid Connection (ARC), alternatives under consideration including a semi - exclusive bus rapid transit, an elevated fixed guideway system, and the recently added at -grade street car alternative. In addition, staff was coordinating with Orange County Transportation Authority (OCTA) to pursue New Starts federal funding for that project, a rigorous program which could fund up to 50 percent of the capital costs for constructing ARC. This project was also added to the Southern California Association of Governments (SCAG's) Federal Transportation Improvement program to reflect the project development activities underway which, she noted, was an important milestone to open the door to possible future funding opportunities. Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 13 of 27 Essential to creating and maintaining a vibrant and economically growing community was the maintenance of the public rights of way; i.e., roadways, sidewalks, curbs, gutters, landscaping and street trees. In the current FY, PW rehabilitated 21 miles and slurry sealed 24 miles of residential arterial streets within 21 neighborhoods and 8.4 miles of arterials throughout the city. In conjunction with the roadway maintenance projects, PW also replaced 71,500 square feet of sidewalk to improve neighborhoods, pruned more than 10,000 street trees citywide, and oversaw power line tree clearance on behalf of Public Utilities. She added the right -of -way landscape inventory increased as the department continued to focus on neighborhood and corridor beautification. An equestrian trail was recently installed on Santa Ana Canyon Road, using drought tolerant California native landscape in support of the city's water conservation efforts. With assistance from a clean transportation grant, the department also completed the replacement of 10 diesel fueled street sweepers with alternative fuel compressed natural gas sweepers reducing harmful emissions and meeting clean air obligations required by AQMD. This year, she reported, the Department also acquired three wildland fire trucks and Fleet Services Division received an honorable mention as one of the 100 best fleets in the country. Facilities Services, she remarked, continued to provide timely and efficient responses to requests throughout the city, completing nearly 9,000 work orders this year and assisted the Fire Department in making modifications at Fire Station 8 which allowed them to adjust and improve their service levels including the installation of new roll -up doors. Additionally, Fire Station 4 was completely reroofed and other interior improvements were completed as well. FY 2012/13 SERVICE REQUESTS: Next year the department planned construction projects to improve the flow of traffic at Tustin /La Palma intersection through lane widening. Plans were underway to beautify and widen Katella Avenue to four lanes in each direction in the Platinum Triangle area. On Brookhurst Street, the Department planned to improve the flow of traffic between Ball Road and Katella Avenue by widening the street to three lanes in each direction with raised medians. Other construction management services included the Convention Center's Grand Plaza, the Mira Loma Community Center and on -going well drilling water treatment projects in support of Public Utilities. She added staff would continue to make projects shelf -ready during the next fiscal year as a strategy to enhance grant seeking efforts. With the award of ARTIC scheduled for August, construction was anticipated in late summer with an opening date in late 2014. Planned milestones for ARC project included completing the alternatives analysis and selecting the locally preferred project alternative by fall. In 2013, the environmental documents would be completed and the application process for the New Start's federal funding would be underway. For this upcoming year, Ms. Meeks stated the Department was planning 13 PW neighborhood projects consisting of slurry seal or pavement rehabilitation, removal and replacement of curb and gutters, sign replacement and tree maintenance, all accomplished with a focus on customer service and an effort at minimizing disruption to the neighborhoods. Staff would continue to focus more time and resources toward pavement preservation next year especially in light of limited resources, the systematic street tree pruning program would also continue, and the CalFire Urban and Community Forestry grant would provide for the planting of 600 trees in a four square mile area around central Anaheim, bounded by Harbor, Lincoln, East and Ball. This grant would help achieve the goal of increasing the number of street trees and add to the beauty and quality of life in the neighborhoods. A major upcoming capital project was the roof replacement at the Anaheim PD main station, a 100,000 square feet project which would result in energy savings and decreased maintenance costs. A new program developed by Fleet Services was the negotiation of customer service agreements with internal customers in order to establish quality standards and performance expectations ensuring that Fleet Service effectiveness and customer satisfaction met the needs of its customers. In addition, the Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 14 of 27 Department would replace 36 pieces of equipment including specialized vehicles from Public Utilities, Fire, Police and PW Operations Division, and evaluate new patrol vehicle standards to determine the right replacement vehicle for the discontinued Crown Victoria models. Council Member Murray inquired about construction plans for the West Anaheim Brookhurst Corridor. Ms. Meeks indicated the city had focused on West Anaheim over the years and completed corridor improvements on Lincoln, Katella and specifically on Brookhurst for the last couple of years. This year Brookhurst would be completed from the 1 -5 all the way to Beach Boulevard with three lanes in each direction. She added there was still a bottleneck between the 1 -5 and 91 freeway and the city recently received funding for the design and would begin right -of -way acquisition as the next phase of the project. Council Member Murray also asked Ms. Meeks to discuss the TID assessment as it applied to transportation with Ms. Meeks replying the business community self- assessed and allotted 30 percent of that assessment to transportation needs as it was critical to economic vitality. She indicated staff then worked with the TID board to allocate funds for projects that supported that area. PUBLIC COMMENTS ON FISCAL YEAR 2012/13 BUDGET: Mayor Tait opened the public hearing. William Fitzgerald, Anaheim Home, alleged police asset forfeiture funds could not be used to supplement the budget and that under the California Health and Safety Code, those funds were earmarked for drug prevention and education. With no other public comments offered, Mayor Tait then continued the FY 2012/13 budget public hearing to June 19, 2012 at 2:00 P.M. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: William Fitzgerald, Anaheim Home, addressing Item No. 3 on the Closed Session agenda objected to the prolonged recruitment process and put forward his opinion on the interim city manager's experience. At 4:25 P.M., Council recessed to closed session for the following items: CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (Subdivision (c) of Government Code Section 54956.9) Name of Case: City of Anaheim v. Everardo Avalos, Jr., et al. 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. One potential case. 3. Public Employee Appointment - (Government Code Section 54957) Title: City Manager Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 15 of 27 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: That property owned by the Orange County Transportation Authority located at Katella Avenue /Douglas Road, Anaheim, California Agency Negotiator: Natalie Meeks, Public Works Director Negotiating Parties: City of Anaheim, Orange County Transportation Authority Under Negotiation: Terms and payment of lease between the City of Anaheim and Orange County Transportation Authority At 5:24 P.M., Council session was reconvened. Invocation: Pastor Edward Wiafe, Messiah Pentecostal Ministry Flag Salute: Council Member Kris Murray Presentations: Presentation of a banner which signifies Sunkist Branch Library as an official Family Place Library Kathleen Pezzetti, Sr. Librarian, announced the City of Anaheim had been the recipient of a grant from the California State Library for a California Family Place Library Program, a statewide initiative that helped create family /early childhood space in local public libraries. She added Sunkist Library focused the grant specifically on families who were part of the immersion language program at Juarez Elementary School and had younger children at home as well. She explained this was done because there was an opportunity to make a significant difference in a child's cognitive and social development before the age of three. She further added the library provided a supportive environment offering early childhood information, parent education, and developing literacy and family support through various programs and workshops. Roberto Baeza, Principal, Juarez Elementary School, remarked the school had completed its first year immersion program fostered by the state grant, and as a principal and library board member, he thanked council for the many opportunities Anaheim's libraries provided to the children of this community. Recognizing the winners of the Anaheim Beautiful Green Ribbon Week Contest Sandra Sagert announced Anaheim Beautiful in partnership with various school districts and city staff celebrated Green Ribbon Week geared toward an effort to remove graffiti and trash to preserve the community. She recognized 20 poster or essay award winners from kindergarten to 6 th grade from the various schools. Presentation of the 2012 Anaheim Youth of the Year Award and Scholarships Brian Chwan, Community Services Department announced Anaheim Lion's Club co- sponsored the Anaheim Youth of the Year Award along with the Community Services Department and the Anaheim Community Foundation, to honor and recognize high school students providing outstanding services outside of school activities. Rod Wallace, Lion's Club, introduced the 13 finalists chosen for their dedication and commitment to Anaheim. He then recognized second runner -up Nathaly Basto Camargo, who would receive a $500 scholarship, first runner up, Primala Parma, also receiving a $500 scholarship and Jason Bircea, the 2012 Anaheim Youth of the Year, receiving a $1,000 scholarship. Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 16 of 27 Recognizing Horace Mann Elementary School on the opening of The Cultural Museum Arti Agarwal thanked Council for recognizing the elementary school's efforts at providing a cultural museum within the school to reflect the diversity of its children. Vice Principal Cecilia Roman announced this program began with an idea of reflecting the diverse culture of the students and for them to have a place to study and understand different countries. She added parents had donated artifacts representing nations worldwide and all were pleased with the results recognizing the differences and commonality of people everywhere. Acceptance of Other Recognitions (To be presented at a later date): Recognizing the Foundation for Fighting Blindness Recognizing the National Association of Real Estate Brokers ADDITIONS /DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all items, except public hearings): Cecil Corcoran Jordan, Outreach Homeless Ministries, updated council on his community activism. Debra Ashby, South Coast Air Quality Management District, announced registration was open for the 10 Annual Lawn Owner Exchange program, in which residents bring in gas - powered operable mowers and exchange them for cordless electric mowers. Anaheim's exchange program was slated for June 30 at Angel Stadium and pre- registration was required either on line or by phone. She also stated every year the AQMD honored individuals, businesses and local government with the Clean Air Award given in October and invited any and all to participate. James Robert Reade, resident, advised council to adopt the parental responsibility for minor act legislation shown to reduce gang and graffiti activities. Dorothy Rose, Orange County Symphony, announced the first POP concert to be held at the Arena on July 7 an affordable event which the organization hoped to develop into an annual four concert POP season. An unidentified speaker reported on the number of lethal force deaths caused by Anaheim police officers urging Council to investigate. Those responsible for crimes, she remarked, should have their day in court. An unidentified speaker asked for an outside investigation of the Anaheim Police Department regarding officer - involved shootings and intimidation of family members and friends who speak out against the Department. An unidentified speaker called for a complete investigation and exposure of corruption in all city departments. Joe Cervantes Cardenas lost his brother to an officer - involved shooting in 2009, urging Council to change policy to ensure those persons responsible for unjustified deaths were held accountable for their actions. Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 17 of 27 An unidentified speaker protested against police brutality and the need to remove irresponsible and unprofessional officers from the force. Cory Whitehouse expressed anger at the way his brother's death was handled and his mother's treatment by officers after the incident. An unidentified speaker spoke about intimidation by Anaheim officers and the fact that false information was given when she tried to find a complaint form to speak out against the Police Department. She added the community wanted change through the elimination of rogue officers and to stop feeling harassed. Wayne Palmer, Clean City, addressed his comments to Item No. 3, speaking in support of Superior Services, remarking he was confident that the timely removal of graffiti in the city would be managed. William Fitzgerald, Anaheim Home, addressed his comments to Item No. 3, objecting to privatizing graffiti removal services at twice the cost of the former city employees who were laid off. He also objected to Item No. 13, stating it appeared as though the city was purchasing a used fixed wing aircraft at the same cost as a new aircraft. Brian Chuchua, resident, announced the East Street Community Initiative taking place at St. Anthony's Church on June 18 at 7:00 P.m. CONSENT CALENDAR: Council Member Eastman removed Item No. 3 for further discussion and Mayor Tait removed Item No's. 8 and 13. Mayor Tait also indicated he would record an abstention on Item No. 7 and Item No. 12 due to a potential conflict of interest as his firm has done business with these companies. Council Member Galloway moved to waive reading in full of all ordinances and resolutions and to adopt the balance of the consent calendar as presented, seconded by Council Member Murray. Roll Call Vote: Ayes — 5 (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu). Noes — 0. Motion Carried 1. Approve the Notice of Intent with the County of Orange for animal care and shelter AGR- services for the period of July 1, 2012 through June 30, 2013. 1458.K.0.4 2. Approve the Freeway Maintenance Agreement with the State of California Department of Transportation defining the areas of control and maintenance responsibilities for State AGR -7239 Route 57 at Douglass Road. 4. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF D175 THE CITY OF ANAHEIM designating Lido Street from La Palma Avenue to Claredge Drive "Permit Parking Only" street within Permit - Eligible Parking District No. 17 (Anaheim Memorial) (Continued from Council meeting of May 8, 2012, Item No. 20). At the request of staff, this item was continued to a future date, to be determined — no action taken. 5. RESOLUTION NO. 2012 -048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM requesting temporary closures to Caltrans 1 -5 Offramps for R100 Disneyland Half Marathon (September 2, 2012; southbound 1 -5 at Harbor Boulevard; southbound 1 -5 at Disney Way; northbound 1 -5 at Katella Avenue). Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 18 of 27 6. RESOLUTION NO. 2012 -049 A RESOLUTION OF THE CITY COUNCIL OF 8100 THE CITY OF ANAHEIM requesting temporary closures to Caltrans State Route 57 Northbound off -ramp for the Kaiser Permanente Get Fit Run/Walk (September 16, 2012; SR 57 northbound off -ramp at Katella Avenue). 7. RESOLUTION NO. 2012 -050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Public Works or her designee to 8100 submit a grant application on behalf of the City of Anaheim to OCTA for funds for the State -Local Partnership Program Formula Grant under the Proposition 1 B Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 and if awarded, authorizing the acceptance of such funding on behalf of the City and amending the budget accordingly. Mayor Tait declared a potential conflict of interest. Roll Call Vote: Ayes - 4: Council Members Sidhu, Galloway, Murray and Eastman). Noes — 0. Abstention — 1: (Mayor Tait). Motion to approve resolution carried. 9. RESOLUTION NO. 2012 -054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Public Utilities General Manager or designee to R100 submit an application, on behalf of the City of Anaheim, to the Mobile Source Air Pollution Reduction Committee for a Clean Transportation Funding, 2012 Local Government Match Program Grant, to accept such funds as awarded, and to take such actions in furtherance of the grant match program. 10. ORDINANCE NO. 6245 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending various Chapters of Titles 3, 4, 6, 7, 8 and 18 of the Anaheim M142 Municipal Code (Regulatory Relief Task Force Recommendations; Zoning Code Amendment No. 2012 - 00106) (Introduced at the Council meeting of May 29, 2012, Item No. 21). 11. ORDINANCE NO. 6246 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM (1) approving Amendment No. 1 to Development Agreement No. 2007 -00002 AGR- 5025.1 by and between the City of Anaheim and Ronald W. Marshall and Deborah L. Marshall Trust, The Marshall Family Trust and See Development Limited Partnership, (2) making certain findings related thereto, (3) authorizing the Mayor to execute said amendment on behalf of the City (DEV2012- 00024)(Introduced at Council meeting of May 29, 2012, Public Hearing Item No.24). 12. ORDINANCE NO. 6247 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 18.14.130 of Chapter 18.14 of Title 18 of the Anaheim M142 Municipal Code relating to signs. (Zoning Code Amendment No. 2012 - 00105; Introduced at Council meeting of May 29, 2012, Public Hearing Item No.26). Mayor Tait declared a potential conflict of interest. Roll Call Vote: Ayes - 4: Council Members Sidhu, Galloway, Murray and Eastman). Noes — 0. Abstention — 1: (Mayor Tait). Motion to adopt ordinance carried. END OF CONSENT: 3. Accept the proposal and approve an agreement with Superior Property Services, Inc., in an amount not to exceed $1,875,000, for graffiti removal services for a two year period, with up to three one -year optional renewals, and authorize the Purchasing Agent to AGR -7240 exercise the renewal options, in accordance with RFP# 7596. Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 19 of 27 Sheri Vander Dussen, Planning Director, reported that in September of 2011, the city entered into an agreement with Urban Graffiti Enterprises for citywide graffiti removal, however, within a few months it became apparent the amount of work involved was much greater than anticipated; graffiti was not being removed within 24 hours and a backlog was accumulating. Urban Graffiti increased its staffing at no additional cost but was still unable to provide the service response time specified in the contract and requested to end the contract, while offering to continue to provide graffiti removal services while the city developed specifications for a new contract. The new Request for Proposal (RFP) reissued contained more explicit background information, enhanced specifications and service levels, and placed a priority on the vendor's proposed work plan and qualifications over cost to insure the selected contract would have the ability to meet service standards. She pointed out while the RFP included both prevention and removal services, staff decided to focus on the bids for removal services given the endless accumulation of graffiti removal requests. She added additional information and recommendations regarding prevention programs would be presented to Council for review and approval in the near future. Three firms submitted bids and an evaluation team from various city departments as well as a representative from the Neighborhood Council reviewed the proposals. The evaluation factors consisted of qualifications, experience, work plan, and methods, with an understanding of the city's graffiti problem and patterns and the ability to meet the city's specified service levels. The evaluation team also conducted personal interviews, reviewed proposed costs, checked references with other clients, reviewed financial statements and submitted additional follow -up and clarification questions for each contractor to answer. The bidders were then given an opportunity to present their best and final offer. The three firms were then ranked and Superior Properties Services came in first by a significant margin. Ms. Vander Dussen explained the contract for Council's approval contained the following: 1) required graffiti to be removed seven days a week with a 24 hour response time for all requests; 2) required daily inspection and proactive removal of graffiti in five parks and 12 priority neighborhoods; 3) required the contractor to provide free paint and other supplies for citizens volunteering to remove graffiti in their own neighborhoods and to attend regular meetings with staff and neighborhood groups to help prevent and /or remove graffiti; 4) provided three to four times the number of people and equipment deployed in Anaheim neighborhoods to remove graffiti as compared to current levels and to dedicate crews to seven work zones with field supervisors able to assist when needed. In addition, she remarked Superior would establish a warehouse and staging area in Anaheim for its crews to provide greater efficiency and faster response times and would interface with the Anaheim Anytime system and the police department's software system as well, to allow for monitoring, reporting and turnaround times. Ms. Vander Dussen added that Superior had been providing services since March when they were awarded a short -term contract to perform removal services in the downtown area and staff was pleased with their resolution of backlog requests in a matter of days. She ended the presentation recommending the contract award and indicating their starting day would be July 9, 2012. Council Member Eastman emphasized that even with these greater resources, residents were still needed to be vigilant in reporting graffiti, adding that the Anaheim Anytime system was an important component in this program. In answer to Council Member Galloway's question regarding any backlog work, Sandra Sagert, Community Preservation Manager, responded there was a backlog citywide and Superior planned to get it cleared within the first three weekends in July and in August would have a fresh start citywide. Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 20 of 27 Council Member Eastman moved to approve Item No. 3, seconded by Mayor Pro Tern Sidhu. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.). Noes - 0. Motion Carried. 8. RESOLUTION NO. 2012 -051 A RESOLUTION OF THE CITY COUNCIL OF D154 THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Municipal Employees Association, General Unit and the City of Anaheim. RESOLUTION NO. 2012 -052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Municipal Employees Association, Clerical Unit and the City of Anaheim. RESOLUTION NO. 2012 -053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Municipal Employees Association, Part -Time Unit and the City of Anaheim. Mayor Tait remarked he would cast a no vote on this item due to a clause in the resolutions asking the city to guarantee there would be no layoffs until January 2014 unless there was a catastrophic fiscal emergency. While he understood the reasons for this condition, he did not feel it was something he could promise given the uncertainties in the economy. Council Member Murray thanked staff and employees for coming together on a collaborative approach that provided certainty and recognition to AMEA employees. The remaining council members were also in concurrence. Council Member Eastman moved to approve RESOLUTION NO. 2012 -051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Municipal Employees Association, General Unit and the City of Anaheim; and to approve RESOLUTION NO. 2012- 052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Municipal Employees Association, Clerical Unit and the City of Anaheim, and to approve RESOLUTION NO. 2012 -053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Municipal Employees Association, Part -Time Unit and the City of Anaheim; seconded by Council Member Murray. Roll Call Vote: Ayes — 4: (Mayor Pro Tern Sidhu and Council Members: Eastman, Galloway and Murray.) Noes — 1: Mayor Tait. Motion Carried. 13. Authorize the Purchasing Agent to make any minor changes in the details to the agreement with Pacific Air Center, LLC, which may become necessary, so long as such D180 changes do not alter the make, model, specifications or price of the Aircraft or the general terms of the agreement. Mayor Tait requested this item be continued to the June 19, 2012 meeting, seconded by Mayor Pro Tern Sidhu. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. PUBLIC HEARINGS: 14. Continued public hearing. CONDITIONAL USE PERMIT NO. 2011 -05573 VARIANCE NO. 2011 -04870 C220 (DEV2011- 00092) Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 21 of 27 OWNER: City of Anaheim, 200 S. Anaheim Blvd., Anaheim CA 92805 APPLICANT: City of Anaheim, Public Works Department, 200 S. Anaheim Blvd., Anaheim CA 92805 LOCATION: 1929 throucih 1937 South Manchester Avenue: approximately 1,780 feet north of the centerline of Orangewood Avenue. This is a City- initiated proposal to permit a parking lot with landscape setbacks, parking space dimensions, and parking lot landscaping that is less than required by code. Upon transfer of ownership to the adjacent property owner, the parking lot would serve the adjacent Holiday Inn and Staybridge Suites as replacement parking for spaces lost due to construction of the Gene Autry overpass. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction), Class 5 (Minor Alterations) and Class 11 (Accessory Structures). ACTION TAKEN BY THE PLANNING COMMISSION: Approved Conditional Use Permit No. 2011 -05573 and Variance No. 2011 -04870 (DEV2011- 00092). VOTE: 4 -2. (Chairman Pro - Tempore Ramirez and Commissioners Faessel, Persaud, and Seymour voted yes. Commissioners Bostwick and Lieberman voted no. Chairman Agarwal was absent) (Planning Commission of April 9, 2012) (Appealed on April 18, 2012 by Hospitality Properties Trust and International Hotels Group) (Continued from Council meeting of May 29, 2012, Item No. 25). MOTION: T/S Find and determine that a Class 3, 5 and 11 Categorical Exemption is the appropriate environmental determination for this request. RESOLUTION NO. 2012 -055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Conditional Use Permit No. 2011 -05573 and Variance No. 2011 -04870 (DEV2011- 00092). At 7:05, the first public hearing item was considered. Sheri Vander Dussen, Planning Director, reported this city- initiated request was for a conditional use permit (CUP) and a variance to permit a parking lot being constructed adjacent to the Holiday Inn and Staybridge Suites Hotel. The parking lot, she pointed out, would make up for a loss of parking for these hotels resulting from the construction of the Gene Autry Way overpass and the site was a remnant from two parcels purchased by the city to accommodate construction of the overpass, now under construction and would extend Gene Autry Way from the 1 -5 Freeway west to Haster Street. The parking lot was partially constructed and would be conveyed to adjacent hotel property owners upon completion. Ms. Vander Dussen pointed out the city did not originally plan on processing the CUP and variance, except the property owner's attorney raised concerns about deviations from the Resort development standards and as these deviations were incorporated into the design of the project, staff proposed the CUP and variance to memorialize the use and development of the parking lot. At its meeting on April 9 the Planning Commission approved the CUP and variance with a 4:2 vote with two commissioners voting not to support the variance as they felt it was important to maintain the existing landscape standard along Manchester. Ms. Vander Dussen remarked the Commission's decision was subsequently appealed by representatives of the adjacent Holiday Inn and Staybridge Suites. Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 22 of 27 BACKGROUND: In December of 1999, the Commission approved a CUP and variance to permit two hotels with a total of 407 rooms. The CUP authorized development on three parcels identified as 1855 through 1925 South Manchester Avenue, the hotel properties on the site. The 1999 CUP did not include, she stated, the parcel which was the subject of tonight's request. The 1999 variance permitted fewer parking spaces than required by code, 378 spaces rather than 389 spaces, before the construction of the Gene Autry Way overpass. After construction would begin for the overpass, the applicant proposed to provide 355 spaces. She noted the parking study prepared for this entitlement concluded that any parking supply in excess of 326 spaces would be adequate to meet the hotel complex parking needs. The parking study plan depicted the majority of spaces to be provided on the hotel property and the remaining spaces to be provided on the two parcels, which was the subject of this request. The potential site plan included a subterranean parking structure on the subject property and the appellant indicated the depiction of the parking structure obligated the city to construct a parking structure for them. Ms. Vander Dussen reported the intent of the parking study was to evaluate the number of parking spaces required to serve the hotel, not to establish the ultimate type or design of the parking area remarking that the current site plans were labeled tentative. The subject property was not owned by the hotel operators or the city at the time of entitlement and the former owner of those properties did not authorize an application to entitle a parking structure on the site. Ms. Vander Dussen remarked construction of the Gene Autry Way project resulted in the loss of 142 parking spaces on the hotel property and the city was in the process of constructing a total of 144 parking spaces, including 81 spaces on city -owned property and 62 on the adjacent hotel property. The parking lot surface, curbs and striping were partially completed and the lot would be finished and the subject property conveyed at the completion of Gene Autry Way project. Although projects constructed by the city as part of right of way improvements were not required in zoning standards, she explained, the proposed CUP and variance were initiated by the city so that the city -owned property may be conveyed to the adjacent property owner with entitlements in place to provide surety to the property owner. She added in order to provide an equivalent number of parking spaces to the number of spaces lost to the city's road project, the parking lot was being constructed with three deviations from code standards. The triangle- shaped remnant property limited the design of a parking lot, and a 20 -foot wide landscape setback was required adjacent to Manchester Avenue and Gene Autry Way. A four foot wide planter that included a two foot wide vehicle overhang was proposed instead, consistent with other setbacks along Manchester Avenue. Ms. Vander Dussen pointed out the Gene Autry Way overpass would be approximately 8 to 28 feet above the parking lot and due to this grade difference, the landscape setback was unnecessary to visually separate the parking lot from the public right -of -way. In addition, the Gene Autry Way overcrossing would have an enhanced architectural finish that would provide an attractive backdrop for the parking area. She stated the reduced setback design was an appropriate response to the constraints of the property and would result in a parking lot that would be functional as well as attractive. The next deviation from development standards, announced Ms. Vander Dussen, was the minimum amount of parking lot landscaping. Parking lots were required to have a minimum of one tree for every 3,000 square feet of parking lot area. Nine trees would then be required to be planted in the parking lot area, but a total of six were proposed. The property was designed with a large landscaped planter in the center of the parking lot that was partially located on the subject property and partially on the hotel property and the portion of the landscaped planter in the subject property would include four trees and landscape ground cover. Two additional planters with one tree each were also proposed. Trees were also not permitted to be planted along the southerly property line due to a 15 foot wide utility maintenance easement which made compliance with the development standard unfeasible. The parking lot proposed Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 23 of 27 contained as much landscaping as possible based on site constraints and on -site landscaping would be supplemented by dense trees within the right -of -way. Ms. Vander Dussen pointed out the proposed landscape design would result in a parking lot compatible in appearance with the adjacent parking lot and nearby properties. The final deviation was parking space design; the city standard required a minimum parking space dimension of 18 feet by 8.5 feet wide and no overhang was permitted into a landscaped area to meet that required stall depth. Parking spaces in this lot adjacent to the planters were only 16 feet long with an additional two feet of overhang into the landscaped planter. This was the only deviation from the city's engineering standard, stated Ms. Vander Dussen, and since the landscaped planter acted in a similar manner to a wheel stop, the functionality of the parking lot would not be compromised. In fact, she explained, the parking lot for the Holiday Inn and Staybridge Suites was constructed with this exact parking lot design. This parking lot was currently under construction by the city and was intended to mitigate the loss of parking at the two adjacent hotels which resulted in the construction of the Gene Autry overpass. The city's intention in the design of the site was to provide the maximum number of stalls on a constrained parcel and while the results of the design did not meet all of the standards of the Anaheim Resort Specific Plan, it would provide landscaping consistent with other properties along Manchester Avenue that had also been affected by past highway widening. Ms. Vander Dussen stated the appellant submitted a copy of a deposition taken from Ted White, Senior Planner and submitted a letter highlighting certain testimony from Mr. White's deposition. She noted staff reviewed the letter and determined there was no new information that would impact the recommendation. At the request of the city's legal counsel, staff provided a copy of excerpts of other depositions to further document staff's position raised by the appellant. She believed the proposed design was the best combination of parking for the hotels, circulation and design and recommended Council uphold the Planning Commission's actions to approve the variance and CUP for this parking lot. Mayor Tait opened the public hearing, explaining the ground rules for speakers. Tom Gretsneider, Intercontinental Hotels Group, announced he had been personally involved with the development of the Holiday Inn and Staybridge in 1998. He stated in 1999, the impacts of the Gene Autry Way overpass had been resolved and his company moved forward based on the resolution at that time. The city's future project impacted the development of the site, the hotels were relocated and the number of rooms and parking were an issue. During the development process, he pointed out, discussions occurred on how the site would provide parking before and after the Gene Autry Way construction. The City approvals discussed the fact the hotels would live with 355 unencumbered spaces after Gene Autry was built and that the loss of parking would be solved with a parking structure on property now owned by the city. He stated the parking structures solutions were the result of extensive negotiations at a high level with the city, was approved and CUP 4153 was then issued. He added despite receiving notice, the adjoining property owner of the triangle did not object and did not appeal the approval nor did the city. Relying on those actions, the hotel group spent over $40 million to construct two hotels which included over $500,000 for landscaping to meet resort standards. Without those landscape restrictions, additional rooms and more parking could have been provided. He stated the city revised solution did not make business sense now, as the triangle site was not sufficient to meet resort standards and would not be consistent with the existing setback landscaping and entry to the hotel site and requested the CUP and variance be denied. Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 24 of 27 William Fitzgerald, Anaheim Home, remarked the proposed actions made no sense as the city was not required to have a CUP or a variance on city -owned property. Michael Kehoe, appellant's legal counsel, remarked his client's concerns were raised and addressed over 12 years ago when the hotel developments were being entitled and the CUP and variance being considered this evening had no legal justification and the same development standards should be applied to the city's property. He asked Council to reverse the decision of the Planning Commission and reject the city's application. Council Member Murray requested staff to speak to how the city's easements were managed, why a CUP was sought when not necessary and landscape setback requirements. Natalie Meeks, Public Works Director, responded Gene Autry Way was elevated to get over the freeway and an easement for the concrete wall that provided for that elevation was needed to allow for maintenance and graffiti removal. She added the Department would minimize any impacts to the business on that easement. She also remarked the CUP was not required, however, it was the Department's plan to transfer the property to the hotels and the CUP would run with the land and ensure their ability to continue to use the lot. She stated the goal was to replace as many parking spaces as had been taken with the widening and absent specific direction from the property owner, chose to provide them with the maximum number of spaces possible which did reduce the landscape setbacks. Mayor Tait inquired whether an agreement of some type had been made regarding the parking structure with Ms. Meeks responding typically if those types of commitment had been made, there would have been an agreement and none was found. Mayor Pro Tem Sidhu asked the property owner what would suffice to have this project go forward with Mr. Gretsneider replying, the hotel group wanted the City to live up to the agreement they felt was made in 1999 when the city was going to build a parking structure on the triangle to provide 355 parking spaces. He added the hotels could not rely on the 82 spaces the city was offering. There were originally 376 spaces, 142 of them were lost with the construction of the overpass. While the city proposed to give back 144 spaces, 82 were located in the easement area which posed the hotel owners concerns. Further discussion was held resulting in Mayor Pro Tem Sidhu suggesting there was a workable solution to be found and the city should proceed with the CUP and variance and staff work to resolve the easement issue separately. Mayor Tait closed the public hearing. Mayor Tait moved to find and determine that a Class 3, 5 and 11 Categorical Exemption is the appropriate environmental determination for this request and to approve RESOLUTION NO. 2012-055, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Conditional Use Permit No. 2011 -05573 and Variance No. 2011 -04870 (DEV2011- 00092), seconded by Mayor Pro Tem Sidhu. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. Regarding Agenda Item No. 15, Mayor Tait declared a conflict as he had an ownership interest in property within 500 feet of this item and excused himself from the dais at 7:51 p.m. 15. AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2006 -00003 OWNER: The Orangewood Project Owner, LLC, 3 San Joaquin Plaza, Suite 100, AG R-4704 Newport Beach, CA 92660 AGENT: Integral Communities, Marcus R. Cook, 3 San Joaquin Plaza, Suite 100, Newport Beach, CA 92660 Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 25 of 27 LOCATION: 2211 East Orangewood Avenue The applicant request an amendment to Development Agreement No. 2006 - 00003, extending the term of the Agreement by five additional years, to expire in August in 2017. Environmental Determination: CEQA previously- approved Final Subsequent Environmental Impact Report No. 332, Second Addendum, together with Mitigation Monitoring Program No. 136 ACTION TAKEN BY THE PLANNING COMMISSION: Recommended City Council approval of Amendment No. 1 to Devlopment Agreement No. 2006 - 00003. Vote: 5 -0 (Commissioners Faessel, Lieberman, Persaud, Ramirez and Seymour voted yes. Chairman Agarwal and Commissioner Bostwick were absent) (Planning Commission meeting of May 7, 2012) MOTION: M/E Find and determine that the previously- approved Final Subsequent Environmental Impact Report No. 332, Second Addendum, serves as the appropriate environmental documentation for this request. ORDINANCE NO. 6248 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM (1) approving Amendment No. 1 to Development Agreement No. 2006- 00003 by and between the City of Anaheim and The Orangewood Project Owner, LLC, (2) making certain findings related thereto, and (3) authorizing the Mayor to execute said amendment on behalf of the City. Sheri Vander Dussen, Planning Director, reported in June 2007, Council approved a development agreement to allow the construction of a 341 unit condominium project on a vacant site on Orangewood Avenue south of Angel Stadium. The development agreement was approved for a five year term and would expire August 2012. Under the terms of the agreement, she explained, the project was required to commence construction by the expiration date. She advised that Integral Properties, who recently acquired the properties, would not be able to commence construction before the expiration date, and therefore requesting an extension to the term of the agreement. The Planning Commission reviewed the time extension in May, 2012 and unanimously recommended Council extend the terms of the development agreement for five years with staff concurring with the Commission's recommendation. Mayor Pro Tern Sidhu opened the public hearing, setting the ground rules for speakers. John Skannick, Integral Communities, thanked the city for allowing Integral Communities to get this project back on track. He added they were in the process of reworking the project as well as finalizing financing, and the extension would allow time to get this project moving forward. William Fitzgerald, Anaheim Home, objected to the switch from condominiums to apartments, remarking it would result in inadequate parking and impacts to the nearby neighborhoods. Mr. Skannick responded that parking requirements were the same for condominiums as well as for apartments and his purpose in requesting the extension was solely to extend the development agreement to allow a new owner the time to get this project moving forward. With no other comments offered, Mayor Pro Tern Sidhu closed the public hearing. Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 26 of 27 Council Member Murray moved to find and determine that the previously- approved Final Subsequent Environmental Impact Report No. 332, Second Addendum, serves as the appropriate environmental documentation for this request and to introduce ORDINANCE NO. 6248 AN .ORDINANCE OF THE CITY OF ANAHEIM (1) approving Amendment No. 1 to Development Agreement No. 2006 -00003 by and between the City of Anaheim and The Orangewood Project Owner, LLC, (2) making certain findings related thereto, and (3) authorizing the Mayor to execute said amendment on behalf of the City, seconded by Council Member Eastman. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Sidhu and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Abstention — 1: Mayor Tait. The ordinance was introduced At 8:00 P.M. Mayor Tait returned to the dais. Report on Closed Session Actions: Mayor Tait reported that the City Council unanimously appointed Bob Wingenroth to the position of City Manager and authorized the recruiting consultant, Teri Black -Brann to negotiate the city manager contract. He reported Council considered many strong candidates, but Mr. Wingenroth's collaborative management style, financial acumen, and a strong commitment to a healthy connected and kind community would benefit Anaheim residents and businesses for years to come. City Manager expressed his humble appreciation to Council and thanked them for the opportunity. Kristin Pelletier, Senior Assistant City Attorney, reported direction was given to initiate a subrogation action seeking insurance proceeds in connection with an automobile accident involving a city employee. Council Communications: Council Member Murray congratulated Bob Wingenroth on his appointment and looked forward to working with him in the future. She responded to earlier concerns voiced by the public and requested that if any services or forms were publicized as being offered to the public, that the City Manager ensure those services were available. She spoke of the Community Gardens ground breaking and announced the following upcoming events: Anaheim Film Festival on June 7th hosted by Anaheim film and arts society; the 17 Annual Flag Day Parade on June 9 with a musical tribute to Old Glory on Center Street Promenade; the Downtown Anaheim Northgate Gonzales 5K and Expo on June 9 with a portion of proceeds going to GOALS; a Walk United event at Angel's Stadium on June 9th featuring the Anaheim Cares team; the Anaheim Orange County Job Fair on June 13th, another phenomenal event and part of Anaheim's legacy; the Anaheim Historical Society Annual Banquet on June 14 at the Packing House; and the Alden Esping Putting Classic honoring YMCA camp directors staff and leaders, on June 16 Council Member Gallowa� also congratulated Bob Wingenroth as the new City Manager and announced the OCTA 40 Anniversary of Bus Service in Orange County, an event to be celebrated on June 11 and the Community Fair on June 12 Council Member Galloway also recognized City employee, Kris Garofalo, Personnel Records Technician, Human Resources. At 8:12 p.m. Council Member Galloway excused herself from the meeting. Council Meeting Minutes of meetings held on June 5, 2012 (regular adjourned meeting and regular meeting) Page 27 of 27 Mayor Pro Tem Sidhu attended the Vision Walk at Angel Stadium last Sunday, which raised $100,000 for a cure for blindness. He reminded the community of the annual free Health Fair being held on Sunday at the Western Anaheim Medical Center, announcing the various services to be offered to registered participants at no cost. He thanked the many health care partners for their commitment to this event and thanked Council Member Eastman for attending. In addition, he announced the Job Fair Readiness Workshop to be held on June 13 in Buena Park, an effort begun five years ago to connect employers and job seekers on a face -to -face basis. Council Member Eastman spoke of the successful Community Garden ground- breaking and the coming Flag Day parade. She requested the City Manager look into the increasing number of marijuana clinics opening close to city hall and requested feedback on the city's status and plans regarding these establishments. She also expressed concern regarding the number of citizens who voiced complaints about the Anaheim police, stating she would like the opportunity to speak to them and wondering if speaker cards identifying public speakers would be appropriate. Mayor Tait congratulated Council Member Eastman on the success of her community garden initiative and also expressed concerns regarding public comments relating to the police force. He asked staff to review procedures and report back to council. Adjournment: 8:31 P.M. At 8:31 P.M., council adjourned to June 19, 2012 at 2:00 P.M. for the continued fiscal year 2012/13 Budget Public Hearing. ReAmstfully submitted, Linda N. Andal, CMC City Clerk