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2012/11/13ANAHEIM CITY COUNCIL REGULAR MEETING O F NOVEMBER 13, 2012 The Anaheim City Council was called to order at 3:15 P.M. on November 13, 2012 in the chambers of Anaheim City Hall, located at 200 Anaheim Boulevard. Present: Mayor Tom Tait and Council Members: Lord Galloway Kris Murray and Harry Sidhu. Council Member Eastman arrived at 3:24 P.M. Staff Present: City Manager Bob Wingenroth, City Attorney Cristina Talley, and City Clerk Linda Andal A copy of the agenda was posted on November 9, 2012 on the kiosk outside City Hall. WORKSHOP — FIRE DEPARTMENT STRATEGIC PLAN Fire Chief Randy Bruegman reported staff began drafting a strategic plan to chart the future for the Department 18 months ago, collaborating with business and community leaders focusing on the answers to three tactical questions: how to become more competitive in the future, how to create value added service for the customer beyond the 911 call, and how to reengineer and retool the fire profession for the future. The goal from this process, he explained, was to develop two critical documents, the Strategic Plan and the Standard of Cover. The Standard of Cover looked at community risks, evaluated the socioeconomic and demographic conditions, as well as past call volumes, and predicted what might occur in the future. From this review, key findings were determined and recommendations linked to the goals of the Strategic Plan. Those recommendations were outlined to council as listed below: Recommendation 1: Agency Accreditation. Chief Bruegman remarked fire agency accreditation was essential as it gave credibility to the organization and also helped to engage elected officials and the public in the organization's accomplishments, provided for detailed departmental evaluation, helped staff to focus on performance and more importantly, would begin to incorporate a continuous quality improvement mindset in the department. He anticipated that goal could be reached within the next 12 to 16 months. Recommendation 2: Vehicle Preemption. The chief stated Anaheim was one of the few cities in Orange County that had not engaged in the utilization of this 25 year old technology which would allow an emergency vehicle approaching a red light to capture it and turn the light green so the fire apparatus did not have to make a complete stop. This technology facilitated more precision of traffic through intersections, making it safer for firefighters, as well as the general public, while helping reduce travel times by 20 percent. Recommendation 3: Implementation of a Blue Card Hazard Management System. This system focused on what happened during an emergency during the first 10 -12 minutes of the incident from a Command Officer perspective. He added it was apparent from the recent captain and battalion chief tests that the organization should focus some effort and skill set in this area. Recommendation 4: Resource Deployment. Chief Bruegman indicated that outreach to the community and business leaders about the fire department's role repeatedly offered similar Council Minutes of November 13, 2012 Page 2 of 17 answers as to what was needed; that is, a fast response to emergency calls, a caring and professional demeanor in carrying out duties, and communication on what was going on during the emergency to the customer base. He stated when staff evaluated resource methodology over course of the last 18 months; those viewpoints were kept in mind along with the council and city management's objective of using existing resources first, before requesting additional resources. To accomplish this, predictive modeling was used reviewing over 70 different deployment methodologies to analyze what would occur if a piece of equipment or station was moved. He added as that analysis was performed, staff also looked at the fiscal sustainability of any model chosen to understand what the cost of those changes would be. He remarked with close to 950 road miles within the city including highways, one of the baselines reviewed was the ability to cover road miles and geographic areas within four minutes of a call. Under the current deployment, 34 percent of the road models were not reached within four minutes. To adjust that travel time, Chief Bruegman proposed a phased process for council to consider in the future. Phase 1 would add a new station in the Canyon area next to Peralta Park on Royal Oak. Community Services Department was agreeable to turning over their existing service facility for use as a fire station (a structure that had originally been used for that purpose 25 years ago) and in exchange, the Department would build a 4,800 square foot building in Peralta Park for Community Service's use. Engines 3, 4, 6 and 7 would then become three - person companies instead of four keeping the two paramedics on each one of those units and the remaining four individuals would staff the new ladder company at the Royal Oak station. He indicated two units had been taken out of service in the last 36 months and Engine 8 had been taken out of service in the Canyon due to the impact of trying to assemble an effective fire force on the east end. The Chief explained that every time a medical call was sent to an existing station on the east end of Anaheim, which required hospital care outside of Kaiser Permanente, the units were out of service for an hour and companies had to be rotated many times during the day from the central part of the city to cover the loss of a unit. The addition of the Royal Oak station would eliminate that issue coupled with another proposal to begin to use peak activity units. Chief Bruegman related that most of the calls to the Fire Department in a 24 hour period occurred from 9:00 AM until 9:00 PM and it made sense to deploy those two units in Station 1 and Station 4 since that was where most calls occurred. With Phase 1, he pointed out, the 34 percent of road miles reached within four minutes dropped to 30 percent and with vehicle preemption added, it dropped down to almost 19 percent which would make a significant impact if used citywide. Phase II of this plan, he noted, was more aggressive. Analyses had found that the city could be covered better if existing resources were split up and some fire stations were relocated. There would be no change to staffing levels or personnel costs but this phase, he explained, would require an investment over the long -term in fire stations. The plan involved splitting the crews from Station 2, building a new station at La Palma /Euclid area, split the crews at Station 1 and move one crew to the La Palma /Sunkist area. Station 5 which was located on Kraemer under the power station would be moved to the La Palma /Miller area; and Station 7 on Ball Road would be moved into the Platinum Triangle. The chief indicated the original projection called for three fire stations in the Triangle. However, after revisiting that recommendation, staff believed one fire station to be located on an access to a major thoroughfare in the Platinum Triangle, as well as constructed large enough, or that could be expanded, would be sufficient with the road network in that area. He suggested looking at alternatives to accomplish these capital expenditures down the road in a public /private partnership so that instead of building all new fire Council Minutes of November 13, 2012 Page 3 of 17 facilities, the city would look at taking existing commercial property and renovating it into a fire station as a less expensive alternative. With Phase II in place, Chief Bruegman emphasized there would be additional improvement in travel times and instead of 34 percent of roads and geographic areas being outside the four minute travel time, it would drop down to nine percent. Recommendation 5: Training Center. The NorthNet Training Center was a 36 year old dated facility that could use upgrading to address needed training for structural fire responses. Recently, the Chief announced, the JPA board updated the agreement and issued a request for proposal to fix the existing training tower to address some of the ADA compliance issues and within six to twelve months, he expected the board to have a clearer idea on how to update the facility which would eventually require capital investment in the structure. Recommendation 6: Emergency Operations Center. The recommendation was to build a new EOC at or adjacent to the Vermont site. Chief Bruegman stated staff looked at relocating this facility to several other city -owned facilities but the locations were not ideal. He added these trailers were circa 1977, donated by a school district, however; in the event of a major earthquake, the EOC could be nonoperational. The proposed long -term plan was to begin to replace the mobile EOC with an essential services building on the site that would be secured and available during disasters. Recommendation 7: Develop and Implement a Community Risk Reduction Plan. Chief Bruegman remarked the department began this effort four years ago with the Ready, Set, Go program, a wild land urban interface, where the property owner, through outreach efforts, had some ownership in protecting their property, whether it was thru vegetation management, re- stuccoing homes or installing different windows or vents in their structures. In addition, the department would focus on multi - family and single family homes similar to programs adopted in the UK, Australia, New Zealand and Europe and used successfully for the last 15 years. Every three to five years, those fire agencies knocked on every door providing information on risk reduction but also connecting in a "Hi Neighbor" manner to find the vulnerable population that needed help. He added this program not only reduced community risk but increased the viability of that vulnerable population. He noted as they rolled out this program in the next year, staff would look for opportunities to engage the community in a different way by linking them with allied organizations such as the Veterans Administration group and actually help residents that needed support. Recommendation 8: Utilize a Web -based Platform to Impact Departmental and Citywide Training. The Chief indicated Council approved using a web based training system in this year's budget and staff was evaluating options and anticipated bringing this item back to council within 30 -60 days, with implementation by the end of the fiscal year. He added this was a citywide program and the fire organization had worked with Human Resources staff on the evaluation process to make it available to all city departments. Recommendation 9: Implementation of the Regionalization Report. Chief Bruegman indicated with the regionalization report process undertaken last year, there were several points identified that were still important today. The first was to look at the region where fire stations were located as a whole rather than just citywide, which he pointed out Recommendation 4: Resource Deployment took this into account. The second point, standardization of oversight of Council Minutes of November 13, 2012 Page 4 of 17 emergency medical services, would be detailed separately under Recommendation 11. The next point, utilization of a regional model for the delivery of support services such as fleet maintenance and purchasing, offered an opportunity to expand the Department's volume in purchasing and to use the experience of Anaheim's fleet staff to expand service to other cities. Lastly, he indicated the regulatory relief task force recommended merging and standardizing fire prevention and hazardous materials regulation activities so that the same answer applied across city boundaries. Recommendation 10: Upgrade Radio System. The chief stated the 800 Megahertz system was launched in 1999 and replacement efforts were underway to be completed between 2018 and 2025 depending upon how long parts were available to keep the system running. He added this would be a costly measure and the Department was beginning to put reserves away for this expense. The expense, he explained, included the background infrastructure, towers and highly technological computerization equipment with the cost to replace this citywide system over the course of the next ten years estimated at $18 million. Recommendation 11: Developing a plan to address the effect of healthcare reform on emergency medical services. Chief Bruegman remarked the passage of the healthcare bill could have a significant impact on emergency medical providers in the future by shifting patients away from hospital emergency rooms to some type of alternative care. In 2013, call volumes were anticipated to increase as approximately 300,000 more people in this county would become insured and were more likely to call 911 in the event they had an emergency. Less acute calls were anticipated because more ill patients would call earlier than waiting until a dire emergency because of no health insurance. He indicated the department needed to prepare for those eventual changes and hold dialogues with care organizations, area hospitals and other providers as to how EMS services would be used in the future. Chief Bruegman ended his presentation noting that the two documents would return for council consideration at some point in the future, a mandate in order to receive accreditation. The documents would also be used as a roadmap to work with the City Manager as the city moved forward with budget proposals. Council Member Murray wondered what staffing and equipment resources were needed to address projected population growth for the future and the timing for implementation of the strategic plan recommendations. She also inquired about the reliability of the quint fire truck. Chief Bruegman responded the quint was a versatile piece of equipment and the one that had been placed in service at Station 8 had some issues initially, but since that time, had been reliable and in service. The department was scheduling the purchase of a new quint and staff was considering retrofitting all of the TDAs to turn them into quints, which would give the department six front line quint fire trucks. Referring to other equipment, the department would put the fourth the type 3 unit in service by the end of the year, as it had made a significant difference in wildland structural response. He added as the department moved forward, especially on the EMS issue, it may be necessary to explore alternative service delivery which might include squads or ambulances, adding that staff would remain open to ideas as more information was received. As far as staffing levels, Chief Bruegman remarked he would not want to go any lower than current levels, as personnel were stretched thin. He stated as the community continued to grow, the need for personnel depended on how it grew. The Platinum Triangle would not present a significant fire risk as most of the buildings would be have sprinklers and built to new code and technology. There would likely be an increase in the Council Minutes of November 13, 2012 Page 5 of 17 volume of EMS and traffic accidents, depending on the density in that area and the number of entertainment venues drawing visitors. That type of information, he pointed out, would be closely monitored. His goal was to have two paramedics on every piece of equipment responding to calls, stressing that 80 percent of calls were for medical emergencies and paramedics provided immediate intervention. In this area, he stated, there were special support staff options such as Joelle Sampson, the city's EMS nurse who brought a level of expertise that no others on staff had and Jason McBride, Budget Officer, who offered a different perspective on how to do business. He would continue to seek out areas of expertise to help the department better its performance. Mayor Tait asked if the Strategic Plan could be modified to keep up with changes with Chief Bruegman responding he would suggest updating it annually for council's approval. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None At 4:00 P.M., Council recessed to closed session for consideration of the following items: CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Oliver v. City of Anaheim et al., USDC Case No. SACV0900091 CJC(ANx) 2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Priceline v. City of Anaheim, 2nd District Court of Appeal, Div. 2, Case No. B230457 3. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the Government Code) Agency designated representative: Kristine Ridge Name of employee organizations: Anaheim Fire Association, International Brotherhood of Electrical Workers, Anaheim Police Association and Service Employees International Union At 5:03 P.M., Council returned from closed session and reconvened the agenda for November 13, 2012. Invocation: Pastor Jeremy Bratcher, Magnolia Baptist Church Flag Salute: Council Member Gail Eastman Presentations: Proclaiming November 11 -17, 2012, as Veterans Week in Anaheim Commander Gary Mason, Lou Jordan and Robert Nelson representing the Veterans of Foreign Wars thanked council for Anaheim's much appreciated programs and events recognizing and Council Minutes of November 13, 2012 Page 6 of 17 honoring its veterans. Commander Mason remarked he looked forward to continuing his participation in the Veterans Working Group. Recognizing the Anaheim Public Library Foundation Dr. June Glenn remarked the Library Foundation's purpose was to keep libraries open to all and many of the books, materials and services offered by Anaheim's libraries were furnished by the Library Foundation. Their newest collaboration was for the provision of a -books which could be downloaded online to the various technologies supporting digital books. She pointed out one of the ways to raise funds for the Library Foundation was through the annual Mystery Author's Luncheons with all proceeds returning to the libraries for their services. The next luncheon was scheduled on March 17 St. Patrick's Day, and Dr. Glen encouraged the community to attend. Recognizing long term City of Anaheim employees Walter Jerz, Human Resources Department, recognized and introduced Anaheim employees reaching 25 year, 30 year, 35 year and 40 year milestones with the city. Acceptance of Other Recognitions (To be presented at a later date): Proclaiming November 2012, as Orange County Grand Jury Awareness Month Virginia Zlaket and John Rodriguez accepted the proclamation indicating they were serving on the 2012/13 Orange County Grand Jury and wished to make Anaheim citizens aware that recruitment had begun for the next year's grand jury, with a deadline for applicants on January 18, 2013. Ms. Zlaket outlined the various functions and responsibilities of grand jury members and the rewarding experience in serving on this panel. Mr. Rodriguez encouraged newly retired individuals to consider volunteering in some capacity and contributing back to their community. At 5:25 P.M., Mayor Tait called the Anaheim Housing Authority to order for a joint public comment session with the Anaheim City Council. ADDITIONS /DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS (all agenda items): William Fitzgerald alleged the November municipal elections were influenced by an Anaheim private sector corporation and objected to the outcome. Charles Ahlers, Orange County Visitors & Convention Bureau, shared the following financial statistics: From January 2012 through September 2012, hotel occupancy rates had been running 76.9 percent in both of the TID districts, i.e. the Anaheim District and Garden Grove District, collectively about 23,000 rooms. This figure was up 5.1 percent over the last year, and he reported, had never reached this level before. The average room rate reflected $132.02, a 5.6 percent increase from the last year and in terms of revenue per room, the area was the second largest gainer in the top 25 markets in the nation, up 11 percent from last year. He added the Produce Market Association convention held in October, drew 21,000 people to the resort, used 6,500 hotel rooms, and 21,000 room nights in total and unique to that convention, 231,000 pounds of products from the exhibitions were distributed to Orange County Second Harvest, the largest donation that agency had ever received. Council Minutes of November 13, 2012 Page 7 of 17 Cecil Jordan Corcoran, Outreach Homeless Ministries, reflected on the City's status and his recent activities. Larry Larson, resident, referring to the lawsuit regarding voting redistricting in the city and asked what the cost to defend the lawsuit was to date. John Dunn, resident, thanked Angels Baseball for their generous donation to the Boys and Girls Club and for helping needy families throughout the community. He also thanked the Mayor for his commitment to the city and recognized Deputy Chief Quezada's responsive and professional manner. Carol Latham, Anaheim Fall Festival Committee, reported on the success of the Fall Festival thanking the sponsors and the city for their support. She also expressed her appreciation to Council Member Galloway and Mayor Pro Tern Sidhu for their service to the community and looked forward to working with newly elected council members in the future. Dorothy Rose, Orange County Symphony, expressed her deep appreciation to Lord Galloway and Harry Sidhu for their many years of service to Anaheim. She also announced the next symphony concert, the Messiah, was scheduled for December 9 th at the First Anaheim Christian Church, a larger venue to accommodate more attendees. Michael Buss, Anaheim Arts Council, was pleased to announce the Public Library Foundation as a member of the Arts Council annually gifted the library with grant funds for materials, programs and services that were outlined earlier by the Library Foundation chair. An unidentified speaker remarked that 18 months ago he had met with Mayor Tait and Chief John Welter regarding a neighborhood noise ordinance that other cities were approving, an ordinance that would regulate routine weekend parties with loud music, which began in mid -day and lasted to 2:00 A.M. causing a variety of impacts to distressed neighbors. Mayor Tait remarked that ordinance would be considered by council this evening and thanked the speaker for working through this process with the city. James Robert Reade, resident, encouraged the community to support Anaheim Cops for Kids, Police Activities League, and the Mobile Pal Program which provided for wholesome activities on a daily basis to children at risk. He discussed specific incidents of gang activities and the need to end vandalism, intimidation and illegal drug impacts by holding parents of gang members responsible for their actions. Donna Acevedo asked the city to end the on -going harassment and intimidation she and her family suffered by the officer involved in the shooting of her son, Joel Acevedo last July. Sonia Hernandez, speaking to the death of her brother Martin Angel Hernandez, reported the community was uniting again seeking accountability and a change from the status quo and would take to the streets in protest. David Ramirez remarked he had been involved with organizing families in Anaheim since the death of Martin Hernandez adding the community would not be stopped from their goal of more accountability, more transparency and an end to intimidation and harassment. Protests would continue every week. Council Minutes of November 13, 2012 Page 8 of 17 Genevieve Huizar demanded that the officer who was involved in the death of her son be dismissed and arrested for murder. She was thankful for the subsequent outreach to the children of Anna Drive by police officers, but saddened that it took these tragic events to bring about that reaction. She again requested Anaheim police officers be held accountable and that the harassment and intimidation towards her and her family end. German Santos, resident, alleged he suffered harassment, intimidation and property damage from some in the Anaheim law enforcement community encouraging gang members to commit those actions. Theresa Smith, resident, advocated the city release the names of officers involved in shootings earlier this year, adding that unless officers were held accountable for their actions, the community's faith and trust in the city would never be restored. Amin David suggested the Mayor use his influence to request the acceleration of the investigation into the police involved shootings. Addressing Item No. 25, Mr. David strongly believed the Mayor should be involved in the negotiations of the city's lease with Angels Baseball as a proven city leader with the citizen's best interests in mind. Mayor Tait remarked that the police shootings which occurred this summer were being investigated internally the by Orange County District Attorney's office and also reviewed by the U.S. Department of Justice, asking for patience from the community while the process ran its course. David Diaz, resident, was a proponent of the proposed garage sale ordinance, noting that representatives from all areas had been involved in its drafting and that input from individuals across the city was reflected in this ordinance. At 6:18 P.M., Mayor Tait recessed the City Council meeting to consider the Housing Authority agenda, reconvening the meeting at 6:19 p.m. CONSENT CALENDAR: Mayor Tait pulled Item Nos. 5, 6, 7 and 11 for further discussion, Council Member Galloway removed Item No. 9 and Council Member Eastman removed Item No. 22. Mayor Pro Tern Sidhu then moved to waive reading in full of all ordinances and resolutions and to approve the balance of the consent calendar as presented, seconded by Council Member Eastman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. B105 4. Receive and file minutes of the Parks and Recreation Commission meetings of July 25, 2012, August 22, 2012 and September 26, 2012; Public Utilities Board meeting of September 26, 2012; and Sister City Commission meeting of September 24, 2012. D154 8. Approve the establishment of a Special Leave Bank of forty hours for certain unrepresented management and confidential employee. 10. Accept the lowest responsive proposal of Emergency Vehicle Group, Inc., in the amount D180 of $254,364 (plus tax), to manufacture one urban search and rescue trailer for the Fire Department, in accordance with RFP #7750; and authorize the Purchasing Agent to execute all documents required for the purchase. Council Minutes of November 13, 2012 Page 9 of 17 12. Approve the Design Engineering Services Agreement with Harris & Associates, in an AGR -7380 amount not to exceed $851,000, for the Citywide Sanitary Sewer Improvement Program /Project and Storm Drain Improvement -Group 6 (Ball Road from Beach Boulevard to Knott Avenue /Carbon Creek Channel). 13. Approve the Design Engineering Services Agreement with GHD, Inc., in an amount not AGR -7381 to exceed $414,000, for the Citywide Sanitary Sewer Improvement Program/Project- Group 6 (Orangewood Avenue /Jacalene Lane/West Street/Katella Avenue /Harbor Boulevard). 14. Approve the Fourth Amendment to Agreement with KPMG, LLP, expanding the scope of AGR- 5089.4 work and increasing the total maximum allowable compensation payable under the agreement by an additional $100,000 for the ARTIC project management consultant and financial advisory services, and authorize the Director of Public Works to approve additional expenditures not to exceed 15% of the total maximum allowable compensation, if additional services are necessary for the successful completion of the project. 15. Approve an agreement with Crisp Enterprises, Inc., dba C2 Reprographics, which establishes C2 Reprographics as the exclusive operator of the Business Service Center AGR -7382 located within the lobby of the Anaheim Convention Center. 16. Approve and authorize the Public Utilities General Manager to execute and take the AGR -7383 necessary actions, including ratification of prior related actions, to implement a Mutual Aid Agreement, and related documents, with the American Public Power Association. 17. Approve and authorize the Public Utilities General Manager to execute a First AGR- 7058.1 Amendment to the AURORAxmp Production Cost Modeling Software License Agreement with EPIS, Inc., and authorize the Public Utilities General Manager to execute any related documents and to take any necessary actions to implement and administer the First Amendment. 18. RESOLUTION NO. 2012 -132 A RESOLUTION OF THE CITY COUNCIL OF P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain interests in real properties (Deed Nos. 11506, 11507, 11508, 11509, 11510, 11511, 11512, 11513, 11514 and 11515). 19. RESOLUTION NO. 2013 -133 A RESOLUTION OF THE CITY COUNCIL OF Pilo THE CITY OF ANAHEIM vacating a portion of a public service easement located at 2532 East Tennyson Avenue pursuant to California Streets and Highway Code Section 8330, et seq. - Summary Vacation (Abandonment No. ABA 2012 - 00250). 20. RESOLUTION NO. 2012 -134 A RESOLUTION OF THE CITY COUNCIL OF AGR -6325 THE CITY OF ANAHEIM finding that it is in the best interest of the City to authorize the sale of City owned property located at 800 South Western Avenue for less than fair market value and authorize City to enter into a Purchase and Sale Agreement with Savanna School District (ABA2010- 00194). 21. RESOLUTION NO. 2012 -135 A RESOLUTION OF THE CITY COUNCIL OF D154 THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms Council Minutes of November 13, 2012 Page 10 of 17 and conditions of employment for employees in classifications represented by the Teamsters, Local 952. M142 23. ORDINANCE NO. 6259 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 6.73 of Title 6 of the Anaheim Municipal Code pertaining to provision of police services at loud parties or other events. 24. Approve minutes of the Council meetings of October 9, 2012. END OF CONSENT CALENDAR: D116 5. Approve the appointment, compensation and benefits of Paul Emery to the position of Assistant City Manager effective, December 17, 2012. D116 6. Approve the appointment of Gregory Garcia to the position of Deputy City Manager effective, November 14, 2012. D116 7. Approve the appointment of John Woodhead to the position of Community Development Director effective, November 14, 2012 Item No's. 5, 6 and 7 were presented collectively by City Manager Bob Wingenroth. He indicated the items reflected the appointment of three members to the City's management team. The first appointee was Paul Emery to the position of Assistant City Manager, with 23 years of local government experience and seven years in a City Manager's office. Gregory Garcia, with over 10 years of government experience, 3.5 years in Washington DC, and working in the City Manager's office in a number of positions would be appointed to the position of Deputy City Manager. Mr. John Woodhead, an attorney with five years in private practice before joining Anaheim 15 years ago, had served as Acting Director of Community Development facing the challenge of transitioning the Redevelopment Agency during that time and would be appointed to the Director position. The new staff members were welcomed and Mayor Pro Tem Sidhu then moved to approve Item No.'s 5, 6 and 7 as presented, seconded by Council Member Eastman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu) Noes — 0. Motion carried. D155 9. Approve in concept establishment of a pilot program to assist homeless families with children in Anaheim schools, designate and authorize the Community Development Department to design the pilot program, develop program eligibility guidelines, issue a request for proposals to select a program operator, and enter negotiations to purchase a property suitable for program activities; and authorize the acting Executive Director of Community Development to amend the City's 2010 -15 HUD Consolidated Plan and 2012 -13 Annual Action Plan to include the pilot program activities and budget, in conformance with the City's Citizen Participation Plan. Mr. Woodhead reported the city received about $200,000 emergency funds annually and distributed them to local non - profit organizations that served homeless individuals and families and for FY 2012/13, the city would deliver $195,000 to ten local agencies that offered emergency shelter and other types of assistance which would complement and supplement Council Minutes of November 13, 2012 Page 11 of 17 Orange County's broader care efforts, the Continuum of Care, to address homelessness on a regional level. This was a comprehensive countywide consortium consisting of cities, public and private service agencies, and other community organizations that worked together to address the unmet needs of the county's homeless families and individual. He stressed that HUD recently increased ESG entitlement funding amounts, set new priorities for the fund use and expanded the goals, objectives, and administrative requirements of the new ESG program. Those new rules required the city to focus on funding homelessness, prevention, and rapid re- housing activities with less emphasis on funding emergency shelters and services. As a result, he provided, the City currently had approximately $250,000 in un- programmed ESG funds available to address HUD's new program priorities. To meet HUD guidelines, Mr. Woodhead added, the City must identify the proposed use of these funds by December 2012 and amend its 2012/13 annual action plan prior to implementing any of the new programs. He added that a pilot program designed by the Community Development Department to fulfill HUDS goals involved combining various funding sources and establishing a collaborative effort with other local agencies interested in assisting homeless families. The purpose of the proposed pilot program would be to serve a limited number of families by providing comprehensive housing and other forms of assistance and if successful, the city could then explore ways to continue and expand those efforts to help more families in need. As currently envisioned, Mr. Woodhead explained, the city's Homeless Assistance Pilot Program (HAPP) would create a partnership with Anaheim Union High School District to provide targeted assistance to eligible very low income families and homeless families with children in Anaheim schools. Assistance would include Section 8 housing choice vouchers earmarked for homeless families and case management service aimed at helping families gain economic stability. The high school district would assist by identifying prospective program participants and referring them to the city's selected program operator who would be responsible for screening applicants for eligibility, assisting with Section 8 voucher applications, processing and working with participating families on financial management, employment applications, and other types of assistance that would help the family become more self- sufficient. He added it was anticipated that the pilot program would assist up to 25 families in its first year of operation. There were a number of steps required to establish and implement the proposed program, Mr. Woodhead stated. The city must develop written program guidelines and eligibility standards, select a qualified program operator through a request for proposal solicitation process, and acquire a suitable facility to provide assistance and supportive services to the participating families. With that in mind, staff held preliminary discussions with Anaheim Union High School representatives who worked with homeless students and their families and identified a local property available for sale that would serve as a base of operations for the program. Council approval of the HAPP concept would enable the Department to proceed with program planning and in early 2013, would present a professional service agreement with a recommended program operator and a proposed purchase agreement for a program site for council consideration, as well as a complete budget for the pilot program. The program would begin April 2013 and run for an initial period of two years with no impact on general fund. Council Member Galloway remarked she was familiar with the Hearth Act and the new guidelines for ESG funding, adding there would still be a need for emergency and transitional shelters and she hoped the change would be gradual and that a percentage of the funding would still be earmarked for those shelters. Mr. Woodhead responded the funding for emergency and transitional housing was going to be the same for the next year and the Council Minutes of November 13, 2012 Page 12 of 17 proposal was for a pilot program to determine if it worked and made sense to continue. Mayor Pro Tern Sidhu expressed concerned about entering into negotiations for purchase of a property stating space might be available in one of Anaheim's facilities or leasing could be an option, especially since the program could end in two years. Mr. Woodhead remarked there was a specific site on Anaheim Boulevard that had been used to provide a number of services to families needing emergency services and staff was taking a look at that property since it was already set up to provide those services and the owners were interested in selling the site, not leasing. Mayor Pro Tern Sidhu indicated he was supportive of the pilot program but continued to object to negotiations on possible property purchases at this time. Council Member Eastman inquired if the clause relating to property negotiations could be omitted. Clare Fletcher, Community Development Department, remarked a program recently ended in which the City had received $2 million in stimulus funding and used it for a program called rental assistance for families in transition or RAFT; a successful program, she added, where the bulk of the funds were used for direct rent subsidies and for two service providers to bring families in and qualify them and help stabilize their housing situation. She noted HUD increased the ESG funding with the idea of capitalizing on what was learned from the RAFT program and because of the relatively small amount of money compared to prior funds, the City had to combine resources. Lessons learned from the RAFT program was to have one service provider, an Anaheim -based operation, for the program to help absorb the provider's overhead costs so they could concentrate on providing the service and bringing in outside resources to the participating families. This was part of the reason, she remarked, for finding a facility the city could control and since the program amendment to HUD was to include the acquisition of a facility through rent or purchase with surplus CDBG monies to be used for that purpose. Council Member Galloway suggested moving forward with the Pilot Program and eliminating the language referring to the purchase of property suitable for program activities. Mayor Pro Tem then moved to approve Item No. 9, as amended; seconded by Council Member Eastman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. 11. Approve a Professional Services Agreement with Hill International, Inc., in an amount AGR- 7379.0.1 not to exceed $9,612,332, for the Anaheim Rapid Connection fixed - guideway project, and authorize the Public Works Director to issue a Notice to Proceed for the environmental and project development activities and a Notice to Proceed for preliminary engineering upon approval by the FTA to begin that phase Mayor Tait stated this item would begin the development of the Anaheim Rapid Connection, the street car alternative that would connect the ARTIC station to the Resort District, a project objective he supported in concept. He objected to approval of this item, however, stating the City was not ready for this decision especially when there was a less expensive option available, the bus alternative, which gave the city more flexibility and was more economical to operate. He felt a traffic study was needed to determine whether a streetcar would improve circulation and relieve congestion, particularly on Katella, a concern he felt should be answered before approving almost $10 million in spending. As a guardian of the general fund, he was also concerned over a $31 million funding gap with no identified revenue source and the potential for the operation and maintenance cost to be more than the $4.5 million annual figure projected. Council Minutes of November 13, 2012 Page 13 of 17 Jamie Lai, Transit Manager, indicated Hill International had been selected for their financial expertise to develop a sound financial plan for the project including the Operation and Maintenance projected annual costs. Hill International would present that funding plan to council for approval and demonstrate how those costs would be financed with council having an opportunity to weigh in at that time. With regard to the environmental process, she noted, the professional services agreement for council's consideration would hire the environmental consultant and take the project through the full environmental process for council to consider. Linda Johnson, Principal Planner added as part of preparing the alternatives analysis, some traffic analysis was performed and described in the alternatives analysis document and determined there were a couple of intersections that could be impacted by traffic but that mitigation measures could be used in those intersections to take care of any impacts. More regional analysis was needed, she explained, and the proposed agreement would allow staff to move into the environmental phase with a detailed environmental analysis that would include additional traffic analyses. She noted this agreement was in two parts; the first was approximately $2.7 million to prepare the environmental documentation that was needed for this project, as well as additional engineering to understand the more detailed costs for refining the cost estimate. It also included the task of preparing the operations and maintenance cost and looking at other communities to see what worked and what type of funding opportunities were available; she added that the this information would be brought back to council next year as well as the actual application for federal funding. She also added all of that would need to come back to council for approval prior to the city requesting FTA to move into the preliminary phase which was the larger portion of money identified in the proposed agreement. Mayor Tait asked how much capital had been expended to date with Ms. Johnson responding the initial agreement reflected $6 million to prepare the alternatives analysis and conceptual engineering to get to the point of council determining the street car alternative was the locally preferred alternative. Council Member Murray stated the work that had been done to date was to study a number of alternatives as part of a required environmental planning and preliminary engineering process on a number of alternatives before the city could move forward. Council made a decision at the last meeting to move forward with one preferred alternative recommended by staff and this next step was to fund preliminary engineering on one alternative to answer the breadth and scope of questions the Mayor and others posed regarding cost, traffic analysis and the benefits to the community and the city of Anaheim. The funding, she stated, was a mix at this point of transportation funding and council made it very clear that a final project plan would not be approved if the scope or cost included any general fund costs. She stated the next step was the preliminary engineering when all questions would be answered and she would be supportive of approving this agreement to allow for the next step in the process. Council Member Eastman affirmed with staff there would be no impact on the general fund, as so stated in the staff report and she would therefore support moving forward with the project. Council Member Galloway verified the two action items on the recommendation; the first was to authorize the Public Works Director to issue a Notice to Proceed for the environmental and project development activities which would be accomplished next year and the second was to authorize the Public Works Director to issue a Notice to Proceed for preliminary engineering upon approval by the FTA to begin that phase. Ms. Johnson added that after the environmental process and $2.7 million had been expended, public hearings would be held on the Draft EIR and there would be detailed cost estimates, more detailed operating and Council Minutes of November 13, 2012 Page 14 of 17 maintenance costs as well as identifying some potential funding sources to close the funding gap, pointing out one of the financial consultants had done a number of these types of projects and helped other agencies get through the Federal New Starts process. Ms. Johnson indicated the Notice to Proceed for the environmental work was not a blanket notice, as there were milestones that must be achieved before getting into the preliminary engineering phase. Mayor Pro Tern Sidhu remarked this item had been in the planning and study stages for some time and transportation dollars were being used for a project that would make a difference in moving people within the Resort and Convention Center and then offered a motion to approve Item No. 11, 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. 22. ORDINANCE NO. 6258 (INTRODUCTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM adding Chapter 6.26 to Title 6 of the Anaheim Municipal Code pertaining to garage sales. Sheri Vander Dussen, Planning Director, reported that for the past several years the City received numerous complaints about excessive garage sales with some occurring on a daily basis, some resembling swap meets and some run by non - residents where sellers paid property owners to conduct yard sales on their lawns or driveways. These types of sales compromised the enjoyment of neighborhoods by generating litter, traffic, parking congestion and illegal signage; since Anaheim currently did not regulate garage sales, no enforcement could be implemented. She noted members of Council recently asked staff to gather input from residents and explore options to reduce the impacts of garage sales while still allowing residents to engage in these types of sales. Each neighborhood district council chair or designee was invited to participate on the garage sale committee to help shape proposed regulations and every district council was represented. The committee had two goals, to allow residents to hold garage sales but to limit excessive garage sales that caused so many community complaints. To support the committee, staff surveyed other jurisdictions and of the 37 cities surveyed, 20 reported that they did regulate garage sales and all 20 of those communities indicated their regulations were effective in restricting the number of garage sales, limiting the number and location of signs and prohibiting new merchandise from being sold. After the committee considered all of the information gathered, the recommendations were offered and these recommendations were incorporated into the ordinance as follows: 1) Garage sales would be limited to the first full weekends of the months of March, June, September and December. This would make it easier to enforce garage sale regulations and no need for residents to obtain permits and would limit the inconvenience to residents who are impacted by garage sales if they were only held on certain weekends of the year. Additionally, she noted, it would simplify the marketing of garage sales and help create a sense of community and neighborhoods. 2) Sales may only occur between 7 am and 7 pm and no new or used property acquired solely for resale shall be displayed or offered for sale. 3) Signs advertising garage sales may not be placed in the public right of way or on structures and only one sign may be posted on the property. 4) An exception to the process would be provided to accommodate situations where a family does need to hold a garage sale. Council Minutes of November 13, 2012 Page 15 of 17 Council Member Eastman remarked she had requested this ordinance be considered as a number of residents had lodged complaints in the past and she felt this legislation would complement the Mayor's Hi Neighbor Initiative. Council Member Galloway inquired how this information would reach the residents with Ms. Vander Dussen responding that staff would work with External Affairs with a publicity campaign and that the committee members had expressed an interest in working with the city and other organizations to help market the regulations. To answer Council Member Galloway's question regarding enforcement, Sandra Sagert responded that the Code Enforcement Division had a flexible enforcement process, starting with outreach, brochures and door hangers for first time offenders, as well as other mechanisms in place to increase the enforcement efforts to civil citations or criminal citations for repeat offenders, if necessary. Council Member Murray moved to introduce ORDINANCE NO. 6258 OF THE CITY OF ANAHEIM adding Chapter 6.26 to Title 6 of the Anaheim Municipal Code pertaining to garage sale; seconded by Council Member Eastman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. D116 25. Establish an ad hoc council working group that would assist City staff on the negotiation of the City's lease with Angel's Baseball. City Manager Bob Wingenroth stated Council Member Murray requested consideration of this item to establish an ad hoc council working group that would assist City staff on the negotiation of the City's lease with Angel's Baseball. Council Member Murray remarked that typically ad hoc committees were established informally as a working group to assist city staff and provide policy support and as there were two council members whose terms ended in December, 2012 and Mayor Tait had a potential conflict of interest as he owned property near Angel Stadium, she hoped to underscore the importance of getting those lease agreements underway through an ad hoc council working group. She then moved to establish an ad hoc working group comprised of Council Member Eastman and herself; seconded by Council Member Eastman. At the request of the Mayor, the City Attorney reported that Mayor Tait had previously secured an advice letter from the Fair Political Practices Commission indicating that as a result of certain actions he had taken with respect to his ownership interests on property within 500 feet of Angel Stadium, he would not have a conflict of interest under the Political Reform Act. Since there was no potential conflict of interest, Council Member Eastman stated she would have no problem with Mayor Tait serving on the ad hoc group in her place. Council Member Galloway remarked she opposed the formation of an ad hoc committee as it lessened the influence of the council and all five members should be involved, engaged and advising staff on policy. She added should the committee be established, she believed Mayor Tait should be a member of the group. Council Member Murray remarked she would entertain changes to the membership of the committee, stressing the importance was to begin discussions and let the Angels know Anaheim was looking to move forward. Mayor Pro Tem Sidhu concurred in having Mayor Tait sit on the ad hoc committee and recommended the motion be amended to include Mayor Tait and Council Member Murray as members. Mayor Tait remarked he had been a council member when the original lease was negotiated, a 30 year lease with a 10 year option by the Angels with an out clause at 15 years and if the Angels organization did not exercise the out clause, the lease would continue. He added policy direction should be given by all five council members to Council Minutes of November 13, 2012 Page 16 of 17 the City Manager and while he appreciated the offer to be on the ad hoc committee, he did not think any one or two council members should carry more weight than the others and declined. After additional discussion on this issue, the motion was withdrawn and Mayor Tait requested that real property negotiations be placed on the closed session agenda once the new city council members were seated. 26. Approve and adopt new Council Policy 1.7 relating to appointments to regional boards D114 and commissions. Council Member Murray stated she had requested this policy to insure there was a residency requirement in place and to hear further about the number of appointments the City made to regional boards and commission. Greg Garcia, Deputy City Manager, explained that Item 26 would create a new council policy that would establish a residency requirement on all regional boards and commissions appointed by the Anaheim City Council. Eleven appointments were made and in ten of those 11 appointments a seating council member was required to fill those positions. He added the Metropolitan Water Board did not require a council member to sit in this seat and this policy would impact that position. In addition to those regional boards and commissions, Mr. Garcia indicated, a list of 14 boards and commissions were identified where the Orange County City selection committee appoints to and every Mayor of an Orange County city was automatically a member and empowered to make appointments to those 14 boards as well. Those selections were at the sole discretion of the Mayor and this policy would provide direction to the mayor for appointments, but did not necessarily require him to appoint an Anaheim resident. Council Member Murray stated she would like to move the item but wanted it opened up for dialogue first. Council Member Eastman remarked that two of the boards that she sits on as a council member had a staff person as alternate and suggested amending the motion to state "Anaheim residents and /or where applicable, appropriate city staff." She then moved to approve Item No. 26 as amended, seconded by Council Member Eastman. Mayor Tait indicated he would support this knowing that it had no effect on the City selection committee and his discretion as Mayor. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. Report on Closed Session Actions: None Council Communications: Council Member Murray congratulated newly elected council Members, Jordan Brandman and Lucille Kring and thanked Council Member Lorri Galloway and Mayor Pro Tem Sidhu for their service. She announced the Anaheim Transportation Network celebrated its 10 anniversary and acknowledged the Anaheim Public Utilities Department for their assistance in the recovery efforts in the east coast. She spoke of the Veterans' Day ceremony and Major General Harrel's call for leadership to honor veterans every day of the year. Council Member Murray then requested a mid -year budget review /update and a strategic plan relating to the hiring of sworn officers and support personnel for the Police Department to bring staffing levels up. Council Minutes of November 13, 2012 Page 17 of 17 Council Member Galloway also congratulated newly elected Council Members Jordan Brandman and Lucille Kring and praised the many long term city employees who served the community so well. She also asked that community needs be addressed during the mid -year budget review process and announced the upcoming Eli Home and Hilton Anaheim Annual Christmas Tree Lane fundraiser. In response to a request by Council Member Galloway, City Attorney Cristina Talley advised that as of September 2012, the city expended approximately $144,400 relating to litigation costs on the issue of voter redistricting. Mayor Pro Tern Sidhu extended congratulations to recently elected council members and to the appointment of Paul Emery as Assistant City Manager, Greg Garcia as Deputy City Manager and John Woodhead as Director of Community Development. He announced the "We Give Thanks" turkey drive hosted by Frank Garcia, indicating donated turkeys or monetary donations would be welcomed. He noted the 13 MEU Annual Christmas Drive was now underway and encouraged the community to lend their support. Council Member Eastman also congratulated the newly elected Council Members Jordan Brandman and Lucille Kring and the newly appointed city staff. She spoke of her attendance at the Veterans' Day ceremony, the Anaheim Transportation Network's 10 Anniversary celebration, and announced the Anaheim Brewery turkey drive. Council Member Eastman requested the City Attorney review and recommend revisions to the City Council meeting decorum policy. Mayor Tait congratulated the newly elected Council Members Jordan Brandman and Lucille Kring. He spoke of his attendance at the Veteran's Day ceremony and the 13 MEU Marine Corps Ball and commended the Public Utilities Department for their assistance in the recovery efforts in the east coast. He spoke of the We Give Thanks turkey drive and announced that donations could be dropped off at Casa Garcia. Mayor Tait asked the City Manager to focus on further increasing the Hi Neighbor program for this coming year. Adjournment: At 8:24 P.M., with no other business to conduct, Mayor Tait adjourned the November 13, 2012 council meeting. ReAfeVully submitted, Linda N. Andal, CMC City Clerk