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2007/06/19ANAHEIM CITY COUNCIL REGULAR ADJOURNED MEETING OF JUNE 5, 2007 HELD ON JUNE 19, 2007 The regular adjourned meeting of June 5, 2007 was called to order at 1:08 P.M. on June 19, 2007 in the Council Chambers at City Hall, 200 S. Anaheim Boulevard. A copy of the agenda for the meeting of the Anaheim City Council meeting was posted on June 15, 2007 on the kiosk outside City Hall. PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez, Lucille Kring and Harry Sidhu. STAFF PRESENT: City Manager Dave Morgan, City Attorney Jack White, and City Clerk Linda Nguyen ADDITIONSIDELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None. Mayor Pringle recessed the meeting for the following closed session Special Meeting: CLOSED SESSION (SPECIAL MEETING) 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Approximately 50.29 acres generally northerly of Angel Stadium of Anaheim in the Platinum Triangle Stadium District, 2000 Gene Autry Way, Anaheim, California. Agency negotiator: Dave Morgan, Joel Fick Negotiating parties: City of Anaheim and Archstone-Smith Operating Trust Under negotiation: price and terms 2. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Walt Disney World Co. v. City of Anaheim, et al., Orange County Superior Court Case No. 070001210. 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Titles: City Manager, City Attorney, City Clerk, City Treasurer With possible action on salary adjustments to be taken in open session under Agenda Item #61. At 3:06 P.M., Council returned from closed session with Mayor Pringle adjourning the June 5, 2007 meeting, adjourning the June 19, 2007 special meeting and calling to order the regular City Council meeting of June 19, 2007. June 19, 2007 -Page 2 FY 2007108 BUDGET HEARING: The City Manager announced the public hearing had been continued from the June 5, 2007 budget workshop for the purposes of considering the remaining departmental budget presentations prior to adopting the City's FY 2007/08 budget. Fire Department: Fire Chief Roger Smith reported his budget for the coming year totaled $57.4 million with 290 full- time employees. He informed Council on the achievements and accomplishments of the past year, significant among them the development of ReadyAnaheim, enhancing preparation of response capabilities through the Metropolitan Medical Response Systems (MMRS), and the Golden Guardian Exercise. He explained ReadyAnaheim was an emergency management tool to provide better command and control through the use of GIS data. He added census data for any area of the City was retrievable, linking population within that area to formulas which predicted the amount of food, water and logistical supplies needed in the event of an emergency. Anaheim was also the only homeland security department providing coordination for multi-casualty events with Chief Smith pointing out the MMRS program manager was the State task force leader for all such programs in California. For the coming year, he announced Fire Station 11 (Twila Reid) would be opened and the final designs for the first Platinum Triangle fire station would be completed, commenting that the 10 year capital improvement plan spelled out the need for 16 fire stations over the next decade. Additional training would be provided for high rise building emergencies as the construction of super high rises required other tactics and strategies. He indicated fire conditions would be at their worst this summer due to no rain this year and the fact three significant fires in this region had already occurred and urged residents to be careful and observant this summer. Mayor Pringle recommended eliminating the bicycle licensing program, stating it was a waste of time and services for the department and suggesting other methods for youths to protect bicycles in the event of theft. Council Member Galloway asked for details on the proposed Explorer program; Chief Smith responded the concept mirrored a similar program within the Police Department and he felt it could lead to future firefighter recruits. He spoke of the number of retirements which had occurred in the past several years and the challenges in providing enough training to make up for the lack of fire experience as new firefighters joined the department. Council Member Galloway stated she had participated in a few ride-alongs and had been impressed with the quality of Anaheim's firefighters and their ability to communicate with all residents. She asked if there were incentives for hiring bi- lingual firefighters. Chief Smith replied 25 percent of firefighters were bilingual and received incentive pay of five percent per month as a result. Public Works Department: Public Works Director Gary Johnson announced his Department's budget for the coming year was slightly over $149 million with $48 million in capital improvements, consistent with the prior year. Last year he noted there were $30 million worth of construction projects, the largest being the West Anaheim Youth Center/Police Facility at over $8 million, the East Anaheim Gymnasium and the Police Department Heliport. Since the Department had secured a number of competitive grants through Orange County Transportation Authority (OCTA) the City was able to rehabilitate three times the norm or $20 million worth of street rehabilitation work, all of which had been awarded but were now in various stages of construction. He informed Council that OCTA had funded the Go Local Program with $12 million and the City anticipated June 19, 2007 -Page 3 capturing a significant portion of those funds. ARTIC, another high visibility and high profile project, was also underway and the Department anticipated a project definition report to develop various phases of that project. Phase I, he explained, would provide for lowering and widening of Douglass Road, new railroad tracks, relocations of stations and some land acquisition with OCTA budgeting $17 million for the project for next year. In the Platinum Triangle, Mr. Johnson reported the City expected to sell about $200 million worth of bonds in May of 2008 with an eight-year build out of the entire backbone infrastructure to support development which also included aesthetic improvements similar to those in the Resort. With the sale of the bonds in May, the Gene Autry project would also be fully funded, having secured $27 million from OCTA and $13.5 million from the associated community facilities district to be completed in 2010/11. Council Member Galloway pointed out there was a significant difference between budget totals from 05/06 to 07/08. Mr. Johnson responded that other than carryovers on capital projects, much of that difference was attributable to the sale of $48 million in sewer bonds not yet reflecting the debt service on those bonds In response to Council Member Kring's reference to sidewalk repairs, Mr. Johnson replied the budget had been doubled from $250,000 to $500,000 for the coming year in response to Council priorities, which he pointed out would repair 110,000 square feet of sidewalk. Community Services: Director Terry Lowe reported the proposed 07/08 budget for Community Services was just over $58.3 million divided between recreation, human and neighborhood services, libraries and parks with the remaining balance between capital projects, golf and administration. He indicated there were 184 full-time employees and the 600 part-time employees reflected a 229 full-time equivalent. The most significant projects under design were the Burris Pit Recreational Area, 90 percent completed, several sports field and security lighting projects as well as restroom and play area renovations in the planning stages. The most noteworthy design effort was for the major renovation to the exterior of the central library and a reinvestment to both golf courses Next year, stated Mr. Lowe, Community Services would seek to increase service levels without increasing dependency on the general fund, to make better use of existing facilities, and to bring recommendations forward to address services in and around Platinum Triangle. He indicated Anaheim's history and culture would be enhanced by the opening of the Muzeo and with the development of an historical park on the grounds of the Mother Colony House. He added the Department would continue efforts to improve and modernize several library branches, to identify a dog park site and to present recommendations to Council regarding support for Anaheim's performing arts organizations. Mayor Pringle asked for an update on the Anaheim Tennis Center; Mr. Lowe responded the 25 year contract with a service provider for the tennis center had expired, a Request for Proposal (RFP) had been advertised and a number of responses received as a result. He noted the Department was looking for ways to bring in private dollars to enhance the tennis facility which was in disrepair and was looking for a provider to partner with the City and improve the tennis facility. He added since the Center was within close proximity to the Platinum Triangle, upgrading the facility made sense. Council Member Hernandez felt there was a correlation between the numbers of park rangers and gang activity and asked for a status update. Mr. Lowe indicated the parks did suffer occasionally from vandalism and graffiti but he would not characterize the parks as unsafe from a gang June 19, 2007 -Page 4 perspective. He added the park rangers were observant and if any problems were noticed, they quickly report to appropriate authorities. Council Member Galloway pointed out administrative costs had decreased by $100,000 for 07/08, asking for clarification. Mr. Lowe replied there was a shifting of funding that had been paid out of the administrative budget and was now reflected in other division budgets. In addition, City Manager Dave Morgan explained the salary savings credit strategy being used this year which reflected anticipated salary savings in some departmental budgets based on historical data. Public Utilities Department: General Manager Marcie Edwards informed Council there were four divisions in Public Utilities: electric, water, finance and utility joint services. With regard to electric, the Department continued to pursue obtaining 10 percent green power in the generation portfolio by the year 2010 and 20 percent by 2015. Currently, the City had contracts in place to purchase wind and geothermal energy as well as energy from a landfill gas plant. On the water side, over 47,000 water quality tests were done this last year, and Anaheim's water not only met all standards, but far exceeded them in almost every category and was recognized by Men's Health Magazine, as ranking 15th out of a hundred cities in water quality. She announced the Water Utility had an AA+ credit rating and the Electric Utility had its credit rating upgraded in August to AA-. In addition, the Utilities Department was providing support for low-income housing projects including Vineyard Town Homes and Hermosa Village, Phase IV with the installation of solar systems, Energy Star appliances and windows at a cost of $450,000. She explained all residents and commercial customers who installed energy efficient appliances would receive permit fee waivers. With 64 percent of total revenues, energy sales was the biggest revenue source for the Department and was estimated at $334 million for the coming year. Water sales, at nine percent of total revenues, reflected $47 million and Other Revenues, $22 million, included interest earned from bonds and reserves, contributions from developers and funds from fees, permits and reimbursements. The revenues, she pointed out, would cover operating expenses and some of the capital program expenses. The difference of roughly $116 million would be made up with a planned drawdown of bond funds that were borrowed last year and supplemented by reserves. Ms. Edwards announced the Utilities proposed budget totaled $504 million, with $395 million in operating and $109 million in capital outlay. She emphasized the operating budget increased by less than 3 percent over the 2006/07 amended budget. With respect to staffing, there were 362 full time positions which included eight new positions. She noted the 58 part-time positions equated to 41 full-time equivalents. The Capital Budget for 07/08 totaled $109.3 million, $74 million on the electric side, $28 million for water capital improvements and $7 million for administrative outlay. Ms. Edwards provided specifics on the numerous capital improvements proposed under this budget scenario. Council Member Galloway pointed out the Utilities proposed budget had decreased $90 million dollars; Ms. Edwards responded this was due to intensive capital projects and was a reflection on the timing of those projects as to when funds were encumbered. Council Member Galloway asked if the Utilities enterprise had ever been looked at as to what its value was to the community. Ms. Edwards responded from the standpoint of its customers, an analysis had been performed as to the benefit for a municipality to own a public utility over the last 20 years, finding it was valued slightly more than $225 million compared to having been served by a nearby competitor. Mayor Pringle recognized the City's solar energy rebate had been increased, asking how many typical residential customers the $300,000 appropriation would accommodate. Ms. Edwards June 19, 2007 -Page 5 responded the typical residential customer received rebates from $9,000 to $12,000 and with this appropriation, the Department had so far met the need and turned no customers away. The Mayor asked how the City could better communicate and encourage the use of solar energy by its residents; Ms. Edwards believed doubling the rebates would have a positive effect, pointing out what was restraining more people from participating was due to solar technology continually evolving and that making an investment which took 10 years to recover costs caused some people to have concerns about doing it. She added with other utilities having higher rates than Anaheim, there would be a more rapid payback and more incentive to install solar. Community Development : Director Elisa Stipkovich announced her proposed budget was $164.4 million, with 108 full-time positions, four less than the current year. There were four functions within the department: redevelopment, workforce development, housing and administration/financial services. The primary source of funding, she emphasized came from redevelopment funds, which was $68.6 million, federal housing assistance at $59.4 million and other state and federal funds with no impact to the general fund budget. Accomplishments for the current year included the workforce development group handling over 15,000 individuals for job placement assistance, 1,800 displaced workers counseled and Housing having assisted over 6,200 low income families through the Section 8 program. Mayor Pringle confirmed Anaheim had more Section 8 vouchers than any other Orange County city and Council Member Hernandez also pointed out these funds were received from the federal government with no local tax burden. Ms. Stipkovich remarked neighborhood preservation continued to be a priority with Phase 3 of Hermosa Village now completed, Phase 4 approved and the developer having received tax credits for 36 units. Completion of Phase 4 was anticipated for February of 2008 for a total of 517 units. She remarked Council had increased the affordable housing goal from 1,280 to 1,328 units and the Department expected to meet that goal within the time frame allowed. There were currently over 523 units underway, all 100 percent affordable for very low income rental units. Vineyard reflected 50 units on Housing Authority ground lease scheduled to open in July 2007; other projects starting construction were Broadway Village (46 units), Elm Street (52 units) Monarch Pointe (63 units) and Diamond Apartments (25 units) -all of which should be completed by the end of 2008 on a priority basis for those who live or work in Anaheim or were on the Section 8 waiting list. In addition to those units under way, other sites had been identified for affordable housing sites, expected to house 900 units. Economic development, she remarked, included the Sheraton Hotel on Convention Center Way and the Morton Steak House, the GardenWalk project with its 450,000 square feet of retail opening in the spring of 2008 and Canyon Metrolink Station expansion, one of the key capital improvements needed to make the Canyon area a success and provide linkages to adjacent properties such as Kaiser Medical Center and the Pacific Center. In addition, the Westgate project on Beach and Lincoln was moving forward with approval of a remedial action plan and a development agreement, and staff was finalizing a development agreement with Brandywine Homes to sell a two acre site north of the youth center on Beach Boulevard to develop 35 market rate townhomes. She added Target would be starting construction shortly on a 200,000 square foot store expected to open in the fall of 2008, the Five Points Project with its historic renovation was underway and Colony Park, a new neighborhood in the downtown area would be transformed into a new residential neighborhood with 700 units and a new park. Other developments mentioned were the Packing House, the Broadway mixed use development, rehabilitation of the Willdan Building, and the CIM project with 416 units nearing completion with 60,000 square feet of retail. This project included the Carnegie Library and the Muzeo which would host traveling exhibits starting in October of 2007. Ms. Stipkovich ended her presentation by announcing the June 19, 2007 -Page 6 budget represented about 1,500 residential units, 645,000 square feet of commercial development and an assessed value of $705 million. Planning Department: Director Sheri Vander Dussen announced her proposed budget was nearly $16 million spread between several functions: building, code enforcement, licensing and planning services. This year the department expanded the availability of on-line services by providing public access to GIS data, automation and creation, storage and retrieval of information as well as providing plan check and permit status on line. She indicated the Building Division was looking to streamline the collection of payments by collecting fees on behalf of the various school districts doing business in the City and was optimistic in simplifying this process for developers. By the end of this fiscal year, staff would have processed over 300 applications for review by the Planning Commission and Zoning Administrator which would result in approval of almost 6,500 new residences and 850,000 square feet of new commercial office and industrial development. In addition, the Planning Department expected to approve plans for five hotels. Referencing the Platinum Triangle, she noted grading, construction and street improvements were underway for seven projects which included nearly 5,000 residential units and almost 250,000 square feet of commercial uses and there were five development applications under review which would add 2,400 new residences and more than 700,000 square feet of commercial and office uses. The Department had also been implementing provisions of the Affordable Housing Strategic Plan, and a new density bonus ordinance had been adopted by Council last November. She commented Elm Village and Broadway Village made use of the bonus with several other developers now interested in using the density bonus ordinance to provide affordable housing units. Economic development efforts were also focused in the Canyon industrial area along the 91 freeway. These efforts included promoting the area to developers and target businesses through trade shows, advertising and personal contacts. The Department was also actively involved with four large private projects near Tustin and La Palma Avenues, the Boeing redevelopment, Kaiser Permanente Medical campus, the Crossings residential project, and additional development at the Pacific Center. Staff also began working with other departments and outside agencies to attract grant funding for infrastructure improvements in the Canyon. She stated Council could expect to see a request for approval to apply for an economic development administration grant in August, about $2 million to be used to construct a pedestrian walkway between the Canyon Metrolink station and Kaiser's proposed medical campus. As part of the Affordable Housing Strategic Plan, staff identified several potential sites beyond those currently identified for residential development in the general plan. They were also working on an affordable housing overlay zone that would allow residential development on sites presently designated for commercial and industrial uses subject to the provisions of a percentage of affordable units and were presently preparing an infrastructure analysis to examine the impacts on sewer and traffic and had included funds necessary to complete this analysis in the proposed budget. A significant project for the coming year was to update the housing element, analyze the market rate and affordable housing needs and identify programs and efforts that would be undertaken in response to meeting those needs; consultant funds for this purpose were included in the budget. Ms. Vander Dussen updated Council on GardenWalk, Mountain Park and activities planned for the Platinum Triangle Visitors and Convention Bureau: Charles Ahlers, president of Anaheim/Orange County Visitors and Convention Bureau, remarked his objectives were to position Anaheim and Orange County as a premier convention destination and to maximize transient occupancy tax (TOT) and overall revenues by increasing visitation through targeted sales and marketing efforts. His proposed budget was $9,385,000, contained 52 full-time employees and six part-time. He indicated staff had June 19, 2007 -Page 7 been increased by three to keep up with increased sales and web demands. Reporting on the significant accomplishments of the current year, he noted hosting the Travel Industry Association trade show for the first time this year should return $350 million based on international travel increases to Anaheim over the next three years. He emphasized 2007 saw record breaking convention attendance, with 14 important citywide conventions of 4,000 peak rooms or more in the calendar year. He outlined the bookings for future years and the revenue which would be generated as a result, commenting that Anaheim had ranked four in the top 25 markets in North America. He spoke of the broad-based marketing and advertisement efforts designed to attract convention goers, indicating the numbers were looking good for 2009 - 2010. Council Member Kring asked about the proposed expansion of the Convention Center; Mr. Ahlers responded he was meeting with the consultant the following day to review the draft of his findings. Council Member Galloway asked why there was not a separate budget included for this department. Mr. Morgan responded the Visitors and Convention Bureau was not an agency of the City, however as they received significant funding from Anaheim, they've traditionally come during budget presentation to let Council know how those dollars were spent. Mr. Ahlers indicated a comprehensive copy of the budget and operating plan had been sent to Council under separate cover. Mr. Morgan stated that could be included in future budget presentation documents. Convention, Sports and Entertainment Department: Executive Director Greg Smith announced Angel Stadium had been ranked first for baseball parks in competition with the Los Angeles Dodgers, which had ranked 26 out of 30. In addition, ESPN rated Angel Stadium seventh out of 122 sport franchises with the Anaheim Ducks rated number six. This year, the Division would finalize plans for the Sportstown site and maximize the number of revenue generating events in the stadium parking lot anticipating receiving up to $2 million in threshold revenues (including payment of $2 per ticket for every ticket sold over 2.6 million for the Angels as well as parking lot revenues and other event revenues in excess of predetermined benchmarks). He reported the Grove had a successful year generating revenues of $680,000 of which the City's share was $340,000. In addition to profit sharing, over $295,000 in parking license fees was received, resulting in total City income from the Grove operations of $636,000; next year $698,000 in receipts was projected. Attendance for the Honda Center was up due to the Ducks winning the Stanley Cup, remarking average attendance was 95 percent of the arena's capacity. The coming year, season tickets were expected to exceed 14,500 seats and profit for the arena was projected to exceed $9.1 million. Capital expenditures for remodeling the club restaurant and lobby of the Center were proposed at over $10 million and included the purchase of two new Zambonis. Referencing plans to build a parking lot on the side of the Convention Center, Council Member Sidhu asked the height of the structure. Mr. Smith responded the feasibility study was underway and conceptual plans were to build two levels of subterranean parking with an exhibit hall on the grade level and meeting room complexes on the second floor. Additional parking, he explained would be on the west side of the building, He added staff was also considering the feasibility of parking off site either at the Stadium or Honda Center or in the Platinum Triangle and creating a shuttle system. He pointed out the ARTIC station would eventually be an asset by using some areas for parking and shuttling visitors to the entertainment areas. Council Member Sidhu remarked he would like to sit down and discuss these plans once the study was completed and available. Mayor Pringle concurred, and suggested scheduling a Council workshop to understand what's driving the decisions and what the options were. He added from his point of view he would like to see if there was a hotel opportunity on top of the parking structure and how neighboring properties, once developed, could be connected. Mr. Smith indicated a workshop would be scheduled within 90 days. June 19, 2007 -Page 8 Mr. Morgan ended budged presentations remarking Council had the opportunity to hear an overview of the proposed budget as well as presentations from each of the City's department heads. He reiterated the FY 2007/08 budget focused on the concerns of the community, addressed capital requirements and continued to emphasize public safety, economic development and maximizing the City's assets. He added the Budget Advisory Committee unanimously recommended the proposed budget for adoption and Council could do so after the public had an opportunity to make comments. At 5:23 P.M., Mayor Pringle continued the budget hearing to the time when Item No. 58 would be considered and recessed for purposes of considering the remaining Closed Session items. At 5:55 P.M., Council returned from closed session to continue the agenda. Invocation: Pastor Mark Bove, Calvary Chapel Anaheim Flag Salute: Council Member Sidhu Presentations: Presenting the 2007 Cinco de Mayo Queen -Ben Li, President of Anaheim Cinco De Mayo festival presented Queen Brianna Garcia to the community. Acceptance of Other Recognitions (To be presented at a later date): Recognizing Gary Johnson on his retirement from the City of Anaheim Recognizing the recipients of the Orange County ARC Client Awards Mayor Pringle called the Redevelopment Agency to order for a joint public comment session with the City Council. ADDITIONS/DELETIONS TO ANY OF THE AGENDAS: Staff requested Item No. 59 be withdrawn from the agenda. PUBLIC COMMENTS (ALL MATTERS EXCEPT PUBLIC HEARINGS): Freddy Hernandez reported an affordable housing forum had been held at St. Boniface Catholic Church to educate the community on the issues of affordable housing and the struggles of working families. He stated there were over 500 in attendance, with over 200 signed letters from families who supported affordable housing and hoped to find solutions to the housing crisis. Maria Mejia spoke of the challenges she faced growing up in Anaheim in crowded, substandard conditions. Ronnie Anderson, Divine Impact Ministries and member of Chamber of Commerce, spoke in support of the Chamber of Commerce thanking them for the guidance and support his ministry received as a new member. Milagra Santiago, Divine Impact Ministries, was grateful to be members of the Chamber of Commerce as they helped connect her with other businesses in Anaheim to assist the Ministry pursue their vision. June 19, 2007 -Page 9 Dorothy Rose, Chamber of Commerce member, spoke in support of the organization and the value received through its membership. Elaine Provko, long-time Anaheim resident, remarked she had also attended the affordable housing forum and listened to the struggles of low income families, pointing out that entry level jobs were just that, entry level for those individuals starting to enter the workforce and as such were not meant to support families and she did not feel it was the City's obligation to find housing for all low income families. Catalina Rodriguez asked for the City's assistance in finding affordable housing for herself and other seniors and disabled persons in the community. Kate Van Fleet, Director of Marketing and Community Relations for Walnut Manor and Walnut Village, supported renewing the Chamber of Commerce agreement. Eric Altman, OCCRD, recommended Council make a strong statement against the sale of Anaheim Memorial to afor-profit organization. He added the hospital was not failing and there should be no reason not to continue to operate it as anon-profit medical facility. Sharif Majoud, CARE, requested Council adopt a formal resolution to retain Anaheim Memorial as a non-profit hospital because it provided $20 million in charitable care and even with that obligation, had exceeded profits for this year. Liz Payton, Orange County pro bono law firm, was concerned about the impacts of the sale of Anaheim Memorial to those members of the Anaheim community who had been receiving charitable care over the 50-year operation of Anaheim Memorial hospital, emphasizing that its sale to anon-profit agency would not be in the public's best interests. Bernadette Clay, Sesquicentennial Commissioner, provided an update to the community on the 150th anniversary events, i.e., the second photo contest was underway to capture photos of the next 150 years of Anaheim with Photomation donating over $12,000 in products for this event; the History Walk unveiling on this date which gave visitors an unique opportunity to learn of Anaheim's history and successes; and the June 28th annual Taste of Anaheim hosted by the Chamber of Commerce at the Grove. Michele Maziz, bistro boutique owner and speaking in support of the Chamber of Commerce contract, thanked the Chamber for providing first class customer service and helping her realize her dream of opening a business in the City. Cynthia Hannon, California Nurses Association, supported and encouraged any resolution or action Council could take to keep Anaheim Memorial Medical Center anon-profit organization. Rick Larimore stated he had been in business for over 30 years, and had recently become a member of the Anaheim Chamber of Commerce, emphasizing their service to him had been exceptional and urged Council renew their contract. Bob Wren, reporter, supported the Chamber of Commerce as being the key factor in mobilizing small businesses and as a conduit for individuals wishing to do business in the City. June 19, 2007 -Page 10 Marvin Fuhrer, Color Block, supported the City's relationship with the Chamber, remarking that through the Chamber's promotion of local businesses and services, he had begun to buy locally and had developed business relationships through his contacts with the Chambers. Stan Polowski, resident, urged Council to renew the Chamber agreement, stating the organization was fiscally solvent and had a successful turnout for all Chamber events this year. Ryan Rhodes, Jazz Kitchen, stated he had come to Anaheim from New Orleans two years ago, and commenting the Chambers helped local businesses succeed as wells as resort-driven businesses. Alan Woo, Asian Pacific Planning Council, urged Council to make a statement regarding the sale of Anaheim Memorial Medical Center. He added it was anon-profit agency with a charitable trust obligation and had assisted the working poor in this community. Joe Serrano, affordable housing advocate, spoke of the numbers of families present at the affordable housing forum the previous night, asking Council to consider the plight of the working poor in finding housing they could afford. Virginina Zlaket, spoke in support of the Chamber of Commerce, stating it was a dynamic entity promoting a vital and thriving business community. Diane Sergeant, resident, commented the Haskett Library was a real asset to the community and recommended Council approve the 40-year charter for this library. Steve, 50 year resident, spoke in support of the Chamber contract, urging Council to support an agency that promoted business in the community which then generated income for the City. Todd Emmit, Anaheim Chamber of Commerce, requested Council continue the Chamber's partnership with the City and work together to maintain Anaheim's reputation as one of the finest tourist destination in the nation. At 7:10 P.M., Mayor recessed the Council agenda to consider the Redevelopment Agency agenda, reconvening Council session at 7:11 P.M. CONSENT CALENDAR: Council Member Kring removed Item No. 37 from the consent calendar for further discussion and Council Member Sidhu removed Item No. 40. In addition, Mayor Pringle removed Item No's 8, 16 and 35. Council Member Sidhu waived reading in full of all ordinances and resolutions and to approve the balance of the consent calendar in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the balanced of the Consent Calendar, seconded by Council Member Hernandez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried MOTION: S/H Waive reading in full of all ordinances and resolutions and adopt the consent calendar. 5. Approve the Investment Portfolio Report for May 2007. D117 6. Receive and file the Budget Advisory Commission recommendation and minutes of the B105 Park and Recreation Commission meeting of March 28, 2007. June 19, 2007 -Page 11 7. Review the need for continuing the local emergency heretofore proclaimed by the Director B175 of Emergency Services as ratified by previous action of the City Council concerning land movement and property damage in the vicinity of 357, 365 and 373 Ramsgate Drive and the Hidden Grove Lane/Fox Glen Drive area in the City of Anaheim, and, by motion, determine that the need for continuing the local emergency exists. 9. Approve the FY 2006/07 write-off of uncollectible miscellaneous accounts receivable D128 totaling $567,420.56. 10. Authorize the Purchasing Agent to accept the low bid of Tai Ping Carpets, in the amount of D180 $383,865.82 (including tax, freight, and offloading charges), for carpet for the Convention Center in accordance with Bid #6942. 11. Authorize the Purchasing Agent to increase the not-to-exceed amount of the current D180 agreement with De La Secura, Inc. to $200,000 for renovation services on various City buildings and exercise the three, one-year optional contract renewals in amounts up to $100,000 per year. 12. Authorize the Purchasing Agent to issue purchase orders in an amount not to exceed D180 $4,300,500 (plus applicable taxes), for the purchase of various vehicles and equipment for City departments for Fiscal Year 2007/2008. 13. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent B180 to issue a purchase order to GE Energy Management Services, Inc., in an amount not to exceed $32,500, for the purchase of a Data Acquisition and Handling System upgrade for the Public Utilities Department. 14. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent 8180 to issue a purchase order to Evan's Gunsmithing Shooters World, in the amount of $57,700.13, for the purchase of semi-automatic assault rifles for the Police Department. 15. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent 4682 to issue a purchase order to Selectron Technologies, Inc., in an amount not to exceed $155,211.94 (with taxes), to upgrade the Interactive Voice Response (IVR) system for the Planning Department, and authorize the Purchasing Agent to exercise all related documents and annual software maintenance agreements and renewals, as required. 17. Award the contract to the lowest responsible bidder, Vasilj, Inc., in the amount of 4684 $1,996,120, for the citywide Sanitary Sewer Improvement, Group 1 (Brookhurst Street to La Palma Avenue}, approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions and increase the Department of Public Works' appropriation by $2,976,980 for fiscal year 2006-07. 18. Find and determine that the Negative Declaration for the construction of Well #56 in Willow C350 Park is adequate to serve as the required environmental documentation and satisfies all requirements of the California Environmental Quality Act. 19. Award the contract to the lowest responsible bidder, Bakersfield Well & Pump Company, 4685 Inc., in the amount of $881,444, for the construction of Well No. 56 (Willow Park project) June 19, 2007 -Page 12 and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions (contingent on approval of Council Item #18). 20. Approve Parcel Map 2006-262 located at 2000 South State College Boulevard. P178 21. Approve the Final Map and Subdivision Agreement of Tract No. 16800 with Western Pacific 4686 Housing, Inc., for property located at 2100-2110 E. Katella Avenue. 22. Approve the grant of easement in favor of Pacific Bell Telephone Company, dba AT&T P124 California, for property located at 5188 East Gerda Drive (Peralta Canyon Park}. 23. Approve the terms in the Amended and Restated Easement Deed from the Orange County P124 Water District related to the ownership of fiber optic cable (ACQ 5921). RESOLUTION NO. 2007-082 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting the Amended and Restated Easement Deed referenced as City Deed No. 11023, amending the conveyance, retention, and assignment of real property interests. 24. Approve the Agreement for Acquisition of Real Property with Abdul Aziz, in the amount of 4687 $300,000, for property located at 1671 W. Katella Avenue for the Katella Avenue Smart Street project (RW ACQ2004-00195). 25. Approve the Acquisition Agreement with Monica Martinez, in the acquisition payment 4688 amount of $545,000 (including escrow fees), for the purchase of real property located at 2167 West Katella Avenue for the Katella Avenue Smart Street Project (ACQ 2005-00242). 26. Approve the second amendment to agreement with Stantec Consulting, Inc. for Katella 3062.2 Avenue Smart Street Project (Ninth Street to Humor Drive). 27. Approve the Second Amendments to annual services agreements with KFM Engineering, 3501.2 Inc., Lim & Nascimento Engineering Corporation, Boyle Engineering Corporation, and AKM Consulting Engineers, in an amount not to exceed $200,000 each, for design on-call and support services. 28. Approve amendments to the annual services agreements with LaBelle Marvin, Inc. and 1601.6.1 Dynatest Consulting, Inc. for pavement testing services for public works improvement projects, on an "on-call as required" basis. 29. Award the contract to the lowest responsible bidder, Moore Electrical Contracting, Inc., in 4689 the amount of $221,919, for the Santa Ana Road Intelligent Transportation System Improvement Project and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 30. Waive Ordinance 5919 which prohibits the possession and consumption of alcoholic M142 beverages in a public park, for the Canyon Hills Community Council's Annual 4th of July Celebration at Peralta Canyon Park. 31. Approve and authorize the City Manager to execute a Cooperation Agreement and 4681 Amendment No. 1 to the Loan Agreement between the Redevelopment Agency and the City [OCTA Freeway Remnant Parcels] and approve an increase of $900,000 to the Fire June 19, 2007 -Page 13 Department's FY 2006/07 budget to pay for the department's share of the acquisition costs (Related to Agency Item #2). 32. Approve an agreement and an amendment to the agreement with the State of California, 1666.E Department of Forestry and Fire Protection for fiscal years 06/07 through 08/09, for protection of wildland areas within the City and authorize the Fire Chief to execute the Operating Plan. 33. Increase the Fire Department's FY 06/07 budget by $708,490. D129 34. Approve a Professional Service Agreement with RBF Consulting, in an amount not to 4690 exceed $130,250, to prepare an update to the General Plan Housing Element. 36. Approve the annual Retail Electric Providers Report and the annual Power Content Label, D182 authorize the submission of the 2007 quarterly projections and authorize the Public Utilities General Manager to execute and submit the attestation and any related documents. 38. Approve and authorize the Public Utilities General Manager to execute an agreement with 4694 Deloitte & Touche, LLP, in an amount not to exceed $495,425, for software project management services. 39. Approve an agreement with Integrated Technology, in the amount of $491,060.65, to 4695 purchase, install and maintain a new Interactive Voice Response system and an agreement with Sungard H.T.E., in the amount of $23,950, for an application programming interface and authorize the Public Utilities General Manager to execute the agreements and the annual, optional maintenance agreements with Integrated Technology and any related documents. 41. RESOLUTION NO. 2007-084 A RESOLUTION OF THE CITY COUNCIL OF THE P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real property interests granted therein (City Deeds Nos. 11042,11043,11044,11045,11046 & 11047). 42. RESOLUTION NO. 2007-085 A RESOLUTION OF THE CITY COUNCIL OF THE P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real property interests granted therein (City Deed Nos. 11048,11049,11050,11051,11052}. 43. RESOLUTION NO. 2007-086 A RESOLUTION OF THE CITY COUNCIL OF THE P110 CITY OF ANAHEIM vacating a public utility easement located at 160 North Riverview Drive pursuant to California Streets and Highway Code Section 8330, Et Seq. -Summary Vacation (Abandonment No. ABA 2007-00150). 44. RESOLUTION NO. 2007-087 A RESOLUTION OF THE CITY COUNCIL OF THE P110 CITY OF ANAHEIM vacating two public utility easements located at 800 N. Brookhurst Avenue pursuant to California Streets and Highways Code Sections 8330 et seq. - Summary Vacation (Abandonment No. ABA 2007-00154). 45. RESOLUTION NO. 2007-088 A RESOLUTION OF THE CITY COUNCIL OF THE D150 CITY OF ANAHEIM authorizing and directing the City Clerk to record a covenant of the City Council that the Haskett Branch Library shall be dedicated to public library direct service use for a period of forty (40) years. June 19, 2007 -Page 14 46. RESOLUTION NO. 2007-089 A RESOLUTION OF THE CITY COUNCIL OF THE D128 CITY OF ANAHEIM authorizing the destruction of certain city records more than two years old (Finance Department). 47. RESOLUTION NO. 2007-090 A RESOLUTION OF THE CITY COUNCIL OF THE D154 CITY OF ANAHEIM amending Resolution No. 2005-104 nunc pro tunc which established rates of compensation for job classifications designated as Professional Management. 48. RESOLUTION NO. 2007-091 A RESOLUTION OF THE CITY COUNCIL OF THE D154 CITY OF ANAHEIM amending Resolution No. 2000R-125 which established rates of compensation for job classifications designated as Professional. RESOLUTION NO. 2007-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2000R-124 which established rates of compensation for job classifications designated as Middle Management. RESOLUTION NO. 2007-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2000R-126 which established rates of compensation for job classifications designated as Supervisory Management. RESOLUTION NO. 2007-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2000R-122 which established rates of compensation for job classifications designated as Executive Manaement. 49. RESOLUTION NO. 2007-095 A RESOLUTION OF THE CITY COUNCIL OF THE D154 CITY OF ANAHEIM amending Resolution No. 2006-111 nunc pro tunc which established personnel rules for Management, Confidential and Non-Represented Part-Time classifications. 50. RESOLUTION NO. 2007-096 A RESOLUTION OF THE CITY COUNCIL OF THE D154 CITY OF ANAHEIM amending certain personnel rules covering Management, Confidential, and Non-Represented Part-Time employees. RESOLUTION NO. 2007-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting Management Pay Policies for Executive, Administrative, Middle Management, Supervisory and Professional employees. 51. RESOLUTION NO. 2007-098 A RESOLUTION OF THE CITY COUNCIL OF THE D154 CITY OF ANAHEIM establishing new rates of compensation and pay policies for unrepresented part-time job classification. 52. ORDINANCE NO. 6060 (ADOPTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to Zoning (Reclassification No. 2007-00193, 557 South Oiive Street) (Introduced at the meeting of June 5, 2007, Item #44). 53. ORDINANCE NO. 6061 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL M142 OF THE CITY OF ANAHEIM regarding the Anaheim Redevelopment Agency's limitation on the use of eminent domain in the Merged Project Area. (Introduced at the meeting of June 5, 2007, Item #45). June 19, 2007 -Page 15 54. ORDINANCE NO. 6062 (ADOPTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM amending subsection .020 of Section 18.20.040 of Chapter 18.20 of the Title 18 the Anaheim Municipal Code relating to the Platinum Triangle mixed use (PTMU} Overlay Zone. (Introduced at the meeting of June 5, 2007, Item #49). 55. ORDINANCE NO. 6063 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL (i) 4704 approving Development Agreement No. 2006-00003 by and between the City of Anaheim and Orangewood Platinum Investors, LLC (ii) making certain findings related thereto, and (iii) authorizing the Mayor to execute said agreement for and on behalf of the City. (Introduced at the meeting of June 5, 2007, Item #50). 56. ORDINANCE NO. 6064 (INTRODUCTION) AN ORDINANCE OF THE CITY M142 COUNCIL OF THE CITY OF ANAHEIM amending subsections .070, .080 and .090 of Section 18.40.060 of Chapter 18.40 of Title 18 of the Anaheim Municipal Code relating to dedications and improvements. END OF CONSENT CALENDAR 8. Confirm the appointment of Natalie Meeks as Public Works Director, effective June 29, D175 2007. City Manager Dave Morgan announced Natalie Meeks as his recommendation for the Director of Public Works position. Having been selected after an extensive recruitment conducted by the Mills Group, he stated Ms. Meeks was a certified civil engineer with a proven record of 20 years performing in various responsible engineering capacities, most recently serving as the City Engineer. Mr. Morgan added her technical, managerial, organizational and customer orientation skills would serve the City well. Council Member Kring moved to approve Item No. 8, seconded by Council Member Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Kring, Galloway, Hernandez and Sidhu. Noes - 0. Motion carried. 16. Award the contract to the lowest responsible bidder, Buso Constructors, Inc., in the amount 4683 of $807.,634, for the Carbon Creek Bridge and pedestrian/bike path construction and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Terry Lowe, Community Services Director, announced this item was for the construction of a pedestrian/bicycle bridge to connect Schweitzer Park with the new youth center and police station. There were temporary accommodations for pedestrians and bicyclists, he stated, and the new bridge would be a more direct access. Mayor Pringle pointed out this project was a unique way to both solve a problem and address a community need. With the number of programs and organizations using the Schweitzer facilities, he added this direct access was needed, thanking the Orange County supervisors for moving the project along and giving their monetary support. Council Member Galloway moved to approve Item No. 16, seconded by Council Member Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Kring, Galloway, Hernandez and Sidhu. Noes - 0. Motion carried. June 19, 2007 -Page 16 35. Approve an agreement with the Anaheim Chamber of Commerce, in an amount not to 3434.C exceed $150,000, to provide services to the City of Anaheim. Joel Fick, Deputy City Manager, reported this agreement was with the Chamber of Commerce to provide certain services. The City in the past had recognized the benefit of partnering with the Chamber on projects and activities concerning Anaheim's businesses and in promoting Anaheim as a quality business location. He noted the Chamber was often the first point of contact for people outside of the community with questions about Anaheim as a place to live, visit or conduct business. Additionally, the Chamber had successfully put on major events for the City such as the Taste of Anaheim and the State of the City which were popular showcases for businesses and demonstrated the strength and diversity of Anaheim's local economy. Mr. Fick explained the Chamber services in the one-year agreement would promote and publicize City programs and services on the Chamber website, in newsletters and through business outreach programs such as the Anaheim Small Business Assistance Center, the Anaheim Public Utilities Advantage Services, the Anaheim Transportation Network and the Anaheim Workforce Investment Board. It would also organize events for Anaheim businesses to interact with the City, to meet with other businesses that share common business interest and also to promote Anaheim business, goods and services to the greater community. He indicated there were several new provisions for the agreement specifying payments would be made quarterly and only upon evidence of completion of the identified tasks, and funds related to any compensation were required to be deposited in a separate account and segregated from any other funds held by the Chamber and that no funds received through this agreement could be used for candidate elections or ballot measures. Council Member Galloway indicated she was in receipt of an audit for the contract period ending August, 2006 and asked who had requested the audit. The City Manager responded the contract compliance audit had been requested by Council Member Hernandez who was a member of the audit committee. He explained the audit looked into finances, whether it conformed to GAP (General Accounting Principles) accounting practices and if deliverables called out in the contract were received. Council Member Galloway pointed out that report concluded: 1) the Chamber's task was to establish a goal to increase membership by 10 percent during the 12 month period and although deliverables were designed to achieve that increase, the actual membership was increased by 1.9 percent, 2) the Chamber had not complied with GAP, required by Section 9 of the agreement; and 3) they have incurred an overall net loss for the contract period and were operating with significant solvency concerns. She spoke of the need for a full independent audit rather than a compilation audit and the higher expectations for organizations applying for City funds. With such a report in hand, Council Member Galloway did not feel she could support the requested City subsidy for the next fiscal year. Discussion was held on whether there was a need for full independent audits in City contracts. Mr. Morgan remarked staff would be returning to Council with recommendations on audits some time in the future. He added, as a result of the compilation audit, staff had redesigned the contract to provide protections. It would be paid on a quarterly basis, after services were delivered. Political concerns were addressed by asking the funds to be separated and not commingled with other Chamber funds. Council Member Sidhu pointed out the Chamber had an agreement for certain services to be provided to the City which had been delivered. With the new protections in place and staff's recommendation for approval, he would support that partnership. June 19, 2007 -Page 17 Council Member Kring indicated she was a member of the Chambers and on the Board of Directors, although was not compensated. She asked Todd Ament to address some of the issues raised in the compilation report. Mr. Ament responded that during the audit period, membership revenues were realized on a cash basis and the Board was starting to move toward an accrual basis and had to make an adjustment for a one year loss as they changed to-the accrual basis. In addition, staff had been added in anticipation of growth and he reported the Chamber was projecting a $20,000 net revenue growth for next year. Council Member Sidhu moved to approve Item No. 35, seconded by Mayor Pringle. Council Member Hernandez explained the report given to the audit committee was revealing and disturbing and he would not support the contract renewal and had not supported it last year as he did not feel there was a strong fiscal presence in the Chamber organization. Council Member Kring remarked with safeguards in place in the proposed contract, she would support it at this time. Council Member Galloway was not satisfied with the compilation report and as she had just received the report a few days ago, and requested the item be continued to the next meeting to allow her more time to review the information. Roll Call Vote: Ayes - 3; Mayor Pringle, Council Members: Kring and Sidhu. Noes - 2: Council Members Galloway and Hernandez. Motion Carried. 37. Approve and authorize the Public Utilities Department fiscal year 2006/2007 net write-off of D182 uncollectible customer accounts totaling $343,222. Council Member Kring moved to approve Item No. 37, seconded by Council Member Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Kring, Galloway, Hernandez and Sidhu. Noes - 0. Motion carried. 40. RESOLUTION NO. 2007-083 A RESOLUTION OF THE CITY COUNCIL OF THE D159 CITY OF ANAHEIM declaring July 1 through July 14, 2007, as "Freedom Days" in Anaheim. Jack White, City Attorney, explained in July of 2004, Council had unanimously adopted a resolution to declare the first two weeks in July of each year as "freedom days" in recognition of the actions the City was taking annually to try to make Anaheim more freedom friendly place. That resolution, he stated, provided Council would declare this period annually and that staff would report back to Council on what actions had been taken during the preceding twelve months that could be regarded as freedom friendly in celebration or recognition of this event. Council Member Sidhu commended staff, remarking 35 years ago he had immigrated to America and he recognized the freedoms he had been given and was proud to be part of this celebration. Council Member Sidhu moved to approve Item No. 40, seconded by Council Member Kring. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Kring, Galloway, Hernandez and Sidhu. Noes - 0. Motion carried. 57. Consider reappointments/appointments to Boards and Commissions, terms to expire June B105 30, 2011, except the Senior Citizen Commission, terms to expire June 30, 2010. Council Member Kring requested appointments to boards and commissions be continued to allow her time to contact certain members, seconded by Council Member Hernandez. Roll Call Vote: Council Members: Galloway, Kring and Hernandez. Noes - 2: Mayor Pringle and Council Member Sidhu. Motion Carried and Item No. 57 rescheduled for July 17, 2007. June 19, 2007 -Page 18 TERMS EXPIRING JUNE 30. 2011: Budget Advisory Commission: [Re]Appointment: Communitv Center Authority: [Re]Appointment: Communitv Services Board: [Re]Appointment: Appointment: Cultural and Heritage Commission: [Re]Appointment: [Re]Appointment: Golf Commission: [Re]Appointment: [Re]Appointment: [Re]Appointment: Housing &Communitv Development Commission: [Re]Appointment: [Re]Appointment: Investment Advisory Commission: [Re)Appointment: (Re)Appointment: Library Board: Appointment: Park 8~ Recreation Commission: (Incumbent, Trevor Austin} (Incumbent, Ed Munson) (Incumbent, Patricia Pina} (William Bulman) (Incumbent, Alkamalee Jabbar} (Incumbent, Christie Romero) (Incumbent, Patty Gaby) (Incumbent, Harold "Skip" Keys) (Incumbent, Frank "Bud" Schultz) (Incumbent, Darlene Powell) (Incumbent, Constantine Proussalis) (incumbent, James Riley) (incumbent, Ken Stark) (Robert Wadleigh) [Re]Appointment: (Incumbent, Donald Baldwin) [Re]Appointment: (Incumbent, Mike Brennan) Planning Commission: [Re)Appointment: (Incumbent, Cecilia Flores) [Re)Appointment: (Incumbent, Joseph Karaki) Public Utilities Board: [Re]Appointment: (Incumbent, Lon Cahill) Appointment: (John Elwell) TERMS EXPIRING JUNE 30. 2010: Senior Citizen Commission: [Re)Appointment: (Incumbent, Henry DeLa Mora} [Re]Appointment: (Antonio Rodella) June 19, 2007 -Page 19 PUBLIC HEARINGS: 58. This is a continued public hearing to consider approval of the Fiscal Year 2007/2008 D106 budget, budget appropriation limits for the City and its Community Facilities Districts, and changes in various fee schedules. A. RESOLUTION NO. 2007-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the annual appropriations limit for the Fiscal Year 2007/08. B. RESOLUTION NO. 2007-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the Community Facilities District No. 1989-1 (Sycamore Canyon) annual appropriations limit for the Fiscal Year 2007/08. C. RESOLUTION NO. 2007-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the Community Facilities District No. 1989-2 (The Highlands) annual appropriations limit for the Fiscal Year 2007/08. D. RESOLUTION NO. 2007-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the Community Facilities District No. 1989-3 (The Summit) annual appropriations limit for the Fiscal Year 2007/08. E. RESOLUTION NO. 2007-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the Community Facilities District No. 06-2 (Stadium Lofts) annual appropriations limit for Fiscal Year 2007/08. F. RESOLUTION NO. 2007-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing and revising fees for services rendered by the City Clerk's Department. G. RESOLUTION NO. 2007-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM relating to fees for returned checks tendered in a payment of obligations and rescinding Resolution 91 R-304. H. RESOLUTION NO. 2007-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing fees to be charged for Community Services Department programs and services commencing on September 1, 2007. RESOLUTION NO. 2007-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing fees to be charged for certain services provided by the Anaheim Community Services Department. J. RESOLUTION NO. 2007-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the green fees and cart rental fees to be charged at the Dad Miller Golf Course and the Anaheim Hills Golf Course. K. RESOLUTION NO. 2007-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adjusting the amount of park-in-lieu fee for the Platinum Triangle area and rescinding Resolution No. 2006-140. June 19, 2007 -Page 20 L. RESOLUTION NO. 2007-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adjusting the amount of the park-in-lieu fee and rescinding Resolution No. 2006-141. M. RESOLUTION NO. 2007-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adjusting the amount of the fee for the Public Library facilities plan for the East Santa Ana Canyon area. N. RESOLUTION NO. 2007-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing a schedule of rates to be charged for rental of space and for certain labor, equipment and services at the Anaheim Convention Center. O. RESOLUTION NO. 2007-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending fees and penalties in connection with implementing the Unified Hazardous Waste and Hazardous Material Management Regulatory Program Act. P. RESOLUTION NO. 2007-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting new fee and rate schedules for building, construction, geographic information system (GIS), and National Pollutant Discharge Elimination System (NPDES) permits, services and activities. RESOLUTION NO. 2007-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending certain fees related to Community Preservation activities. RESOLUTION NO. 2007-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing fees and rates for Community Preservation inspections and graffiti abatement. RESOLUTION NO. 2007-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting new fee and rate schedules for Planning, Zoning, and Environmental petitions, applications, permits, approvals, appeal and inspections. Q. RESOLUTION NO. 2007-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing and amending fees to be charged for certain services provided by the Anaheim Police Department. R. RESOLUTION NO. 2007-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing and amending fees to be charged for certain forensic services provided by the Anaheim Police Department. S. RESOLUTION NO. 2007-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting new fee schedules for the Public Works Department of the City of Anaheim. T. RESOLUTION NO. 2007-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a revised schedule of sanitation fees or charges for waste water and solid waste. The City Manager remarked Council had received an overview of the budget as well as presentations by individual departments, had held the required public hearings and would receive June 19, 2007 -Page 22 LOCATION: Ci ide City-initiated request (Planning Department) to amend Section No. 18.40.060 (Dedications and Improvements) of Chapter 18.40 (General Development Standards) of Title 18 "Zoning" of the Anaheim Municipal Code to authorize the City Engineer to grant discretionary exemptions for dedication and improvement requirements when appropriate findings can be made, without the requirement for a public hearing and the deletion of "multiple-family residential" from the definition of "Minor Addition" exemptions for required dedication and improvements. ACTION TAKEN BY THE PLANNING COMMISSION: CEQA Environmental Impact Report No. 330 (Previously-Certified) (7 yes votes) Zoning Code Amendment No. 2007-00059 Recommended City Council approval (5-2, Commissioners Faessel and Velasquez voted no). MOTION: Previously Certified EIR No. 330 ORDINANCE NO. ZONING CODE AMENDMENT 2007-00059 This item withdrawn from fhe agenda. 60. CEQA NEGATIVE DECLARATION C280 RECLASSIFICATION NO.2007-00201 OWNER: Edwin and Lucille Sackett, 934 South Webster Avenue Anaheim, CA 92804 Marvin Lloyd and Dorothea A. Streiff Family Trust P.O. Box 4345, Chatsworth, CA 91313 AGENT: Sequoia Standard, 801 Park Center Drive #101, Santa Ana, CA 92705 LOCATION: 928-934 South Webster Street: Property is approximately .87-acre, having a frontage of 129 feet on the east side of Webster Street and is located 273 feet north of the centerline of Ball Road. Reclassification No. 2007-00201 - Request reclassification of the subject property from the T (Transition) zone to the RM-4 (Multiple-Family Residential) zone, or a less intense zone. ACTION TAKEN BY THE PLANNING COMMISSION: CEQA Negative Declaration approved (7 yes votes) Reclassification No. 2007-00201 granted, unconditionally. Appealed by Qantas Corman, Agent on behalf of the owner. MOTION: G!S CEQA FINDING: NEGATIVE DECLARATION RESOLUTION NO. 2007-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM finding and determining that the zoning map referred to in Title 18 of the Anaheim Municipal Code should be amended and that the boundaries of certain zones should be changed. ORDINANCE NO. 6065 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2007-201). June 19, 2007 -Page 21 public input at this time. He commented Resolutions A through T were related to the budget process and were to be adopted as part of the budget. Referring to Item 58T, the City Clerk noted 110,422 notices were mailed and only 47 written protests were received relating to this item, therefore the written protests did not constitute a majority and Council was permitted to act on this item. Mayor Pringle opened the public hearing for comment. Patrick Pepper, chairman of the Budget Advisory Commission, indicated the Commission voted approval of the budget as the revenues goals were achievable with a moderate growth in expenses. The Commission also recommended a long-term strategic plan for the general plan be added to the City budget so that the long-term projections for revenue could be measured against growth and expenses. This was requested as the three major revenues sources were growing at a slower rate than expenses and therefore needed watching. On a personal note, Mr. Pepper recommended several items be placed on the watch list: 1) the possibility the Governor would take funds away from transit projects, 2) the County of Orange, due to decreases in property taxes, were considering cutbacks, and 3) if Council approved additional police officers over and above the recommended numbers, a public safety assessment district should be considered. With no other comments offered, the public hearing was closed. Council Member Kring felt 15 additional police officers were needed in addition to the 10 officers proposed and requested City staff look for funds within this budget to see how many additional officers could be added. The City Manager remarked he had discussed this with Council Member Kring and if Council wanted to pursue additional officers, he would recommend giving staff an additional 90 days to consider reallocating resources within the Police Department to fund these officers. This would allow staff to look at any additional savings or unanticipated revenues and to see how the economy evolves over that time period. He added some Council Members had mentioned the possibility of new taxes or fees and asked if staff should bring back those alternatives as well. Council Member Kring recommended all alternatives be pursued, but at this point, she did not feel a tax would be appropriate. Mayor Pringle remarked he was personally concerned about increasing police officers by 10 additional bodies and making the on-going personnel costs beyond budget capacities. Council Member Kring moved to adopt the fiscal year 2007/08 budget, the budget appropriations and changes in fee schedules by adoption of Resolutions 58A through 58T and requested staff to return in 90 days with a report on the feasibility of funding 15 additiona{ police officers from the existing budget, seconded by Council Member Hernandez. Council Member Sidhu remarked that with the adoption of this budget, there were a number of related fee increases which he believed were necessary to insure the City's infrastructure be maintained. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Kring, Galloway, Hernandez and Sidhu. Noes - 0. Motion carried. PUBLIC HEARINGS: 59. Staff Requests Withdrawal CEQA ENVIRONMENTAL IMPACT REPORT NO. 330 (Previously Certified) ZONING CODE AMENDMENT NO. 2007-00059 AGENT: Planning Department, City of Anaheim, 200 South Anaheim Boulevard, Anaheim, CA 92805 June 19, 2007 -Page 23 Sheri Vander Dussen, Planning Director, announced the subject property was located on Webster Street, north of Ball Raad and was developed with a single family residence and a cat hotel. On May 30~h, the Planning Commission approved the applicant's request to reclassify the property from the transition zone to multiple family residential zone to accommodate a future multiple family residential project. The Commission's decision was then appealed to the Council prior to the filing deadline as the applicant wished to pursue tax credits to do an affordable project on this property and they needed to have final action by the Council on zoning in order to meet that deadline. She added the reclassification implemented the existing general plan designation of medium density residential on this site and the proposed zoning would be compatible with the multiple family zoning of the surrounding and recommended upholding the Planning Commission's approval. Mayor Pringle opened the public hearing for comment. The applicant stated he would be applying for affordable housing tax credits and had to meet a timeline in which to make application, and by appealing the project, he would get that decision faster which was why he appealed the project. No other comments were offered and the hearing was closed. Council Member Galloway moved to approve CEQA finding of Negative Declaration, to approve RESOLUTION NO. 2007-222 OF THE CITY OF ANAHEIM finding and determining that the zoning map referred to in Title 18 of the Anaheim Municipal Code should be amended and that the boundaries of certain zones should be changed and to introduce Ordinance No. 6065 amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning, seconded by Council Member Sidhu. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Kring, Galloway, Hernandez and Sidhu. Noes - 0. Motion carried. Report on Closed Session Actions: 61. (Possible action on Council appointees' salaries) Mayor Pringle reported the City Clerk's salary would be considered at the time of her sixth month review; the City Treasurer's salary would be considered at the time of his one year review and that the City Attorney and the City Manager would receive a 4.5% salary increase. Council Communications: Council Member Hernandez reported on retiree deaths and requested that a resolution stating the City's position on the safe of Anaheim Memorial Hospital be agendized for the next Council meeting. Council Member Galloway commented on the Sesquicentennial activities for the opening of the History Walk at the corner of Broadway and Anaheim Boulevard and invited the community to see murals depicting the history of Anaheim and the story of the City's success. Council Member Kring announced the various activities scheduled for the Fourth of July celebration in Anaheim Hills. She also commended the recently graduated Police Cadets and asked that the Council meeting be adjourned in memory of the firefighters in Charleston that recently lost their lives. Council Member Sidhu requested staff prepare a list of non-profit organizations receiving funding through the City so that he could review how many of these agreements require certified audits by outside agencies and also how many contained a clause that if they don't meet standards, they will be held accountable in some form. He informed the community of the grand opening of the East June 19, 2007 -Page 24 Anaheim Library, the Hard-Hat tour of the new Muzeo scheduled to open in October and the various 4th of July celebrations going on in the City. Adjournment: At 8:55 P.M., Mayor Pringle adjourned the meeting in memory of the Charleston firefighters who had perished. Respectfully submitted, Linda Nguyen, City Clerk