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2011/02/08ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF FEBRUARY 8, 2011 The City Council regular session of February 8, 2011 was called to order at 3:00 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard and adjourned to 3:30 P.M. for lack of a quorum. The regular adjourned meeting of February 8, 2011 was called to order by Mayor Tait at 3:34 PM. A copy of the agenda was posted on February 4, 2011 on the kiosk outside City Hall. PRESENT: Mayor Tom Tait and Council Members: Gail Eastman, Lord Galloway, Kris Murray and Harry Sidhu. STAFF PRESENT: City Manager Tom Wood, City Attorney Cristina Talley, and City Clerk Linda Andal FY 2011112 BUDGET WORKSHOP City Manager Tom Wood announced that at a previous workshop staff presented the overall status of the City's budget and in particular, the status of the General Fund (GF). During that presentation, Council was informed more than 70 percent of total GF expenditures were compensation related expenses and requested an additional workshop to provide a greater understanding of total compensation. Kristine Ridge, Human Resources Director, announced she would provide general demographics relative to total employees and would then focus on full time employees covering base wages, medical insurance, and pension obligations, the three major components of compensation. EMPLOYEES Currently, she remarked, the City employed 1,880 personnel on a full -time (FT) basis and another 1,300 on a part-time (PT) basis. The majority of the part-time individuals work varied hours within Community Services Department and the Convention Center. Total employee gender makeup reflected 62 percent male, and 38 percent female with the average age of employees being 44 years old. Part- timers averaged eight years worked, considered fairly long for this group, and full -time employees averaged 14 years, a reflection of the large amount of recent retirees. She pointed out between January 2007 and January 2008, employees had increased slightly but were still around 3,600 (both FT and PT) and from January 2008 through January 2010, staff had slowly reduced. In January 2011, there was a significant drop of 23 positions in public safety and 236 positions from other departments. Four predominant labor groups now represented full -time employees; AMEA (Anaheim Municipal Employees Association), Police Association (APA), Fire Association (AFA) and IBEW (International Brotherhood of Electrical Workers). Seventy -two 72 percent of FT employees were represented by one of these groups with the remaining 28 percent not represented. COMPENSATION A chart identifying the total citywide outlay for the three major components of compensation was provided and revealed the year -by -year growth in all three areas. She remarked that growth in base wages included staffing changes as well as paid salary increases. The increases in medical and pension components, she explained, were co- funded by the City and employees, adding that the medical increase was primarily attributed to higher priced medical insurance rates. The pension component growth was caused by changes in staffing and base wages as well as changes to the annual required contribution determined by a yearly actuarial to calculate risk or life expectancy. Council Meeting Minutes of February 8, 2011 Page 2of9 Base Wages Ms. Ridge reported that actual compensation was one of the most important elements in the personnel system and in Anaheim, all established pay rates were adopted by resolution by the City Council and had been available for many years on the City's website. The setting of the compensation levels considered many factors to assure attraction and retention of qualified employees and included fairness and equity, marketplace competitiveness and making certain it was nondiscretionary in design. Although there was no formal policy on labor market positions, she remarked, Anaheim had historically strived to be at the 75 percentile of the labor market. She added all wages were a mandatory subject of bargaining for all employees represented by unions. She provided information on employees by pay range, identifying the number of employees in each pay range, and their annual salary. The first peak in the chart presented represented 16 percent of employee population making between $50,000 to $59,000 a year and the largest peak reflected 20 percent of employees falling between the $90,000 to $99,000 range. Overall, she reported, about 78 percent of employees had an annual wage below $100,000. She also provided information on contractually obligated base wage increases for represented FT labor groups. AMEA, over several years had wage increases from about 2 3/ percent to four percent and Police and Fire ranged from three percent to six percent, with IBEW falling between two percent to four percent. In recent years, she pointed out, there were no further base wage increases authorized, except for one position in the APA contract. Regarding non - represented employees, she remarked this group consisted of police management, fire management and all others. Included in police management would be lieutenants and above, a large pool in excess of 30 persons. For the fire group, battalion chiefs and above were included and consisted of a smaller pool of 10 members. The remainder would include all management, confidential and non - public safety executives. Ms. Ridge pointed out the other components related to total compensation, breaking it down by bargaining units: a public safety employee at $184,364 total annual compensation, IBEW at $111,677, AMEA at $82,932 and unrepresented at $133,764. The predominant increase in public safety from the average base wage, she explained, reflected required overtime costs. Medical Insurance Ms. Ridge remarked all active full -time employees were offered medical insurance and Anaheim contracted with two HMO's, one PPO and one high deductible plan. The employee could enroll for individual coverage, two -party, or family and the plans all included vision and prescription coverage. The monthly premiums for those four choices were listed identifying costs for 2010, and the separate co -pays by the City and by the employee along with the percentage the employee was paying of the total premium cost. This figure ranged from a nine percent low with Kaiser HMO to a high of 26 percent for Aetna PPO plan. She also offered comparisons to other large employers nationwide (both public and private). Anaheim ranked higher than average because California costs were typically higher and because the average age of employees was 44; and the older the employees, the higher the premium costs. She added that 78 percent of employees carried dependent coverage and 72 percent were covered by unions, additional reasons for driving the cost upwards. Another chart detailed the percentage and dollar amount employees paid towards their premiums, compared to nationwide, (private and public blended) and municipalities with greater than 500 employees. Anaheim employees were paying nine percent for Kaiser and ten percent for Aetna while nationwide employers combined had their employees paying 24 percent for individual coverage and 24 percent for family coverage. That figure dropped down for Council Meeting Minutes of February 8, 2011 Page 3 of 9 nationwide public sector to 15 percent for individuals and 23 percent for family. Anaheim's PPO plan was in line or below with all categories nationwide, with Anaheim employees paying 25 percent for individual coverage and 26 percent for family. She pointed out that while percentages were in line, the actual dollar cost to employees simply for living in California, were higher. Further graphs depicted comparisons of out of pocket co -pay expenses. She added that over the years, Anaheim had been adjusting up the co -pays where possible to help keep premium costs down. Other Post Retirement Employee Benefits (OPEB) For retired employees, Ms. Ridge, explained, the City was ahead of the curb. In addition to pensions, most governmental agencies offered some type of defined benefit plan for medical insurance for retirees and it often consisted of a percentage contribution to their premium in their retirement years or a fixed dollar. She noted that Anaheim did have such a plan and over time had stopped that benefit. For miscellaneous employees hired after 1996, there was no longer a defined benefit retiree medical plan, and savings accounts were established for active employees to set aside money to pay their medical premiums in retirement and if they retired from Anaheim, would have access to group plan rates but with no City contribution towards their premiums. This same program applied to public safety groups hired since 2001. For the closed plan, she noted, those individuals hired before those dates and for which the City still had an obligation, an irrevocable trust was established setting aside $63 million to fund it and then a resolution was adopted committed to making the full level of funding for that obligation each year. She added eventually the liability and obligations would end. An actuarial every two years determined the annual required contribution which was then funded each year by Anaheim. Mayor Tait asked for specifics on that annual cost with Ms. Ridge replying that it was $7.2 million last year and she anticipated it would increase to about $10 million this year. He then asked if that obligation would continue to rise with Ms. Ridge responding that because it was a closed plan, it was expected to continue to rise as employees reached retirement age and then drop. Mayor Tait emphasized that drop would not come for many years in the future. Ms. Ridge also remarked that Anaheim was one of the few cities in the nation that applied for and received approval to get reimbursement for early retirees through healthcare reform and had received those funds. It covered the cost of supplying retiree medical benefits for those retiring before age 65. Pensions Ms. Ridge stated Anaheim contracted with California Public Employees Retirement System (CALPERS) for employee pensions and this participation had been established in the City Charter. There were three separate plans covering fire (3% @ 50), police (3% @50) and the miscellaneous group (2.7% @55). Included in the miscellaneous group was AMEA, IBEW, along with all unrepresented and a few Teamsters and SEIU. Current fiscal year contribution rates for the city and employee were illustrated. Ms. Ridge explained CALPERS set the employee rate and it would not change unless there was a contract amendment. She stated the employer contribution rate fluctuated year -to -year based on actuarial assumptions and the valuations performed. For this current year, police employees would pay zero percent of the 9% employee share, fire employees would pick up the full nine percent of the employee rate and miscellaneous employees would pay 1.6734% of the eight percent employee rate. On a graph showing cost sharing between the three groups and the City's paid portion, the employee paid rate increased since 2005 when the City entered into cost sharing as part of its personnel rules and established a maximum wherein if the employer rate ever increased above that maximum, the employees would have to pick up about 42.6 percent. For fire personnel, the employee -paid portion remained constant at nine percent while the employer -paid contribution declined, then rose again. The police plan ranged from a high employee contribution of 11.5 percent down to Council Meeting Minutes of February 8, 2011 Page 4 of 9 the current zero percent. For FY 2012, police rates would increase from the current 26 percent up to 30 percent. A history of the funding status for all three plans was provided. From 2003 to 2006, the City funding status for all three plans varied between 80 percent to 100 percent in 2007 and declining in 2008 and 2009 to about 60 percent. The 2009 CALPERS actuarial determined funding status was the most recent available and reflected CALPERS market performance from 7/1/2008 to 6/30/2009 and included the severe drop in the stock market that happened in the fall of 2008. Staff anticipated the market value of assets from the next valuation to reflect an increase. Ms. Ridge ended her presentation remarking that despite holding the line on base wages, the City continued to be challenged by increases in medical and pension costs. Solutions, she stated, were simple but difficult to implement. Costs could be reduced through wage decreases, reductions in the work force or by reducing the current level of benefits or having employees contribute more towards medical or pensions. Council Member Eastman thanked staff for the detailed information which afforded Council a better understanding of where the City stood. Council Member Galloway asked why the last actuarial was for FY ending 2009 with Ms. Ridge responding there was a two year lag in receiving valuations from CALPERS. The next one would be available in October 2011 and would be the valuation as of June 30, 2010. This next valuation she anticipated would show an increase in market value of Anaheim's assets as there was a 12.5 percent increase just released by CALPERS for the last calendar year. Mayor Tait remarked CALPERS had valued cities benefit assets at a 7.75 discount percent rate and he understood there was some discussion that this rate was generous and optimistic and that other private pensions valued assets at five percent. He added if Anaheim's assets were valued similar to private pensions, the gap would be greater and the funding status would be lower than 60 percent. Ms. Ridge remarked that this month the CALPERS board would be reconsidering the discount rate and there were talks about adjustments down either 25 or 50 basis points and a reduction in the discount rate would increase Anaheim's required contribution significantly and staff should know this figure by the end of the month. Council Member Murray asked what that discount rate dollar amount would reflect with Ms. Ridge indicating a 25 percent reduction would have an impact of between $2 to 3 million per year; however, the earliest financial impact of that news would be in FY 2012/13. Council Member Murray asked what impact changes in the federal requirements for health care would have on the City and employees. Ms. Ridge replied the majority of the changes would impact the City in 2014; however, she did not have a dollar figure for those impacts yet. The City already had some increases in premium costs as a result of health care reform, specifically retaining dependents up to age 26 regardless of whether the dependents were in school or not plus some other exclusion on limitations. Mayor Tait thanked all the unions and other interested persons for attending the presentation remarking there was a structural deficit of $10 million and the City was losing $38,000 per day by not taking action. He looked forward to finding a resolution for this deficit and working together to solve it as quickly as possible. Council Meeting Minutes of February 8, 2011 Page 5 of 9 ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION: None At 4:14 P.M., Mayor Tait moved to closed session for the following item: CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION: Initiation of litigation pursuant to Subdivision (c) of Government Code Section 54956.9 (one case). At 5:04 P.M., the Anaheim City Council meeting was reconvened. Invocation: Scholar Sukwinder Kaur, Guru Nanak Sikh Temple of USA, Inc. Flag Salute: Council Member Kris Murray Presentations: Proclaiming February 2011, as Make Kindness Contagious Month Mayor Tait announced that for the past six years "Make Kindness Contagious Week" had been celebrated, drawing awareness to how an act of kindness would transform both the giver and the receiver. To draw even greater attention to acts of selflessness, Mayor Tait was calling upon residents, businesses and guests to draw on this theme for the entire month to further set the tone for building a culture of kindness in the City. Dr. Jaievsky thanked Council for continuing this tradition in honor and in memory of his daughter Natasha Jaievsky Acceptance of Other Recognitions (To be presented at a later date): Proclaiming February 2011, as Career Technical Education Month Jordan Brandman, Anaheim Union High School District, thanked Council for recognizing Career Technical Education Month. He also thanked Dr. Michael Worley, North Orange County Regional Occupation Program Superintendent and other board members for attending this meeting. He remarked the mission of NOCROP was to provide a high quality career technical education to a diverse student population. ADDITIONS /DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items): Marcus Gonzales, Orange County Human Relations, provided a status report to Council. He indicated his organization worked on creating safe schools, mediating conflicts between diverse residents, and providing police /community reconciliation. The annual report detailing specifics relating to Anaheim's use was submitted to the City. William Fitzgerald, resident, suggested charging a small admission fee to Disneyland in order to help eliminate the City's budget deficit. James Robert Reade, resident, discussed gang activity and its impacts and recommended a program of repeated arrests, heavy fines and insistence on parent responsibilities. Council Meeting Minutes of February 8, 2011 Page 6 of 9 David Lake, resident, discussed speeding traffic, gang activities and graffiti in his neighborhood. Rahm Kapour, resident, requested accommodation for hearing- impaired persons attending City Council meetings and offered a solution called induction looping. Mayor Tait asked staff to meet with Mr. Kapour regarding his suggestion. Derek Fowls, medical marijuana patient, urged enforced regulation and taxing of dispensaries rather than eliminating them. Robert Nothoff, OCCORD, presented the City with The Rubber Stamp Process, a report detailing flaws in local planning processes favoring special interests over local residents, remarking he looked forward to reviewing this document with staff or Council. Gordon, offered words of hope for the future. Jim Adams, LA/OC Building and Construction Trade Council, informed the City his organization did not endorse nor support the OCCORD "rubber stamp" study. He emphasized the Trade Council was all about jobs and supported the Platinum Triangle's projects that brought needed work to Anaheim. David Chavez, resident, expressed concern regarding gangs and crime activity. CONSENT CALENDAR: Mayor Pro Tern Sidhu removed Item No. 2 from the consent calendar for further discussion, Council Member Galloway pulled Item No. 8 and Council Member Murray removed Item No. 9. Mayor Pro Tern Sidhu then moved to waive reading in full of all ordinances and resolutions and to adopt the balance of consent calendar in accordance with the reports, certifications and recommendations furnished each council member and as listed on the balance of the consent calendar, seconded by Council Member Galloway. Roll Call Vote: Ayes — 5: Mayor Tait and Council Members: Galloway, Eastman, Murray and Sidhu. Noes — 0. Motion Carried 1. Receive and file minutes of the Golf Commission meetings of September 23, 2010 and B105 October 28, 2010, Library Board meeting of November 8, 2010 and Public Utilities Board meeting of December 15, 2010. 3. Waive the sealed bid requirements of Council Policy 4.0 and approve the First AGR.3933.1 Amendment to Agreement with Merchants Building Maintenance, LLC, extending services for up to three months, at a cost of $90,273 per month, for custodial services. 4. Waive the sealed bid requirements of Council Policy 4.0 and authorize the Purchasing D128 Agent to issue a purchase order to Ledstar, Inc., in the amount of $52,137.19, for 15 message sign controllers for the Public Works Department. 5. Accept the bids of Schweitzer Engineering Laboratories, in the amount of $306,766, and One Source Distributors, in the amount of $25,122, bringing the total amount to D128 $331,888 (including tax and freight), for the purchase of relay automation equipment for the Public Utilities Department, in accordance with Bid #7476. 6. Award the contract to the lowest responsible bidder, Vasilj, Inc., in the amount of $1,031,180, for the Citywide Sanitary Sewer System Repair and Rehabilitation Program, AGR.6664 Phase II, Group 3 and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Council Meeting Minutes of February 8, 2011 Page 7 of 9 7. Waive Council Policy 4.1 and approve the Professional Services Agreement with Robert AGR.6665 Borders and Associates, in an amount not to exceed $100,000, for as- needed design and architectural planning services for various City projects. 10. ORDINANCE NO. 6203 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM establishing the campaign contribution limit for the election cycle commencing M142 January 1, 2011, pursuant to Anaheim Municipal Code Section 1.09.050 (Introduced at Council meeting of January 25, 2011, Item No. 30). 11. RESOLUTION NO. 2011 -013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a public service easement located at 700 East South Pilo Street pursuant to California Streets and Highway Code Section 8330, et seq. - Summary Vacation (Abandonment No. ABA2011- 00215). 12. RESOLUTION NO. 2010 -014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM requesting temporary closures to Caltrans State Route 57 R100 northbound offramp for the Angels Foundation 5K and Fun Run (northbound off -ramp at Katella Avenue; scheduled for March 27, 2011). 13. Approve minutes of the Council special meeting of January 18, 2011 and regular meeting of January 25, 2011. End of Consent: 2. Approve the renaming of Toyon Park to Ronald Reagan Park in honor of President D150 Ronald Reagan. Larry Pasco, Community Services Department, reported that an earlier staff report had researched various Anaheim parks in which to honor Ronald Reagan. The park that was selected was Toyon Park, he remarked, a 16 -acre park located in East Anaheim, with two lighted ball fields, soccer fields, a small recreation facility as well as a tot lot facility. It was a well used community park and recommended for renaming to Ronald Reagan Park. Mayor Pro Tern Sidhu moved to approve Item No. 2, seconded by Council Member Eastman. Council Member Eastman remarked that Mr. Reagan began his political career in Anaheim when he announced his first run for governor of California. Roll Call Vote: Ayes — 5: Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu. Noes — 0. Motion Carried. 8. Approve a License Agreement with the Boys and Girls Club of Anaheim to install and AGR.6666 operate a single -wide trailer at Edison Park for after - school recreation activities for children. Lynn Smith, Community Services Department, reported the Boys and Girls Club of Anaheim contacted the Department as they were receiving a donated trailer from the Disney Corporation and wanted to be able to offer recreation to children in an under - served area of the community. At that same time, she explained, City staff was working with East Street Community Renewal Initiative (ESCRI) and looking at Edison Park as a potential site for additional services to children who were underserved in that area. Both organizations informally agreed to move forward with this collaboration and staff identified a location at Edison Park that would accommodate the installation of the trailer at no cost to the City for its operation. Council Meeting Minutes of February 8, 2011 Page 8 of 9 Council Galloway thanked Disney Resorts for their donation as well as for their support of the Boys and Girls Club. She was appreciative of the private sector helping to aid an underserved area, especially a community plagued by gang activity and graffiti and offering a safe site for the community. Mayor Pro Tem Sidhu remarked this effort fit in with the City's celebration of "Kindness Month." Council Member Galloway moved to approve Item No. 8, seconded by Council Member Murray. Roll Call Vote: Ayes — 5: Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu. Noes — 0. Motion Carried. 9. Authorize the City Manager to pursue legislation in the state legislature providing clarity M142 on the regulation of medical marijuana dispensaries at the local level. Greg Garcia, Deputy City Manager /Administration, reported this item was requested by Council at the last meeting asking for a proposal that would authorize staff to work with state representatives and state advocates to seek clarifying legislation that would help deal with the medical marijuana issue. He explained this was part of the City's continued efforts to look at all the options available, both legal and legislative and staff had already been in discussion with Senator Lou Correa, as well other State representatives. He added with Council's approval, those efforts would be continued. Council Member Murray highlighted this effort to pursue not just immediate action pertaining to the operation of medical marijuana dispensaries in Anaheim but also to consider long -term statutory enforcement options. She thanked Senator Correa and others in the Anaheim community for collaborating on a comprehensive approach. Council Member Galloway assured residents that staff and the Police Department were a strong partnership and thanked Police administration for their work with the community and focusing on finding answers as quickly as possible. Mayor Tait remarked Council and staff had been working diligently on this complicated issue and would find solutions. Council Member Murray moved to approve Item No. 9, seconded by Mayor Pro Tem Sidhu. Roll Call Vote: Ayes — 5: Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu. Noes — 0. Motion Carried. Report on Closed Session Actions: City Attorney, Cristina Talley reported that the City Council authorized the City Attorney to initiate litigation related to Item No. 1 under Closed Session. Council Communications: Council Member Murray thanked the members of local neighborhoods and the community, as well as leadership from many non - profits that came to the forum regarding the marijuana dispensaries for constructive dialogue. She thanked Senator Lou Correa for attending and Police Chief John Welter for his insight. She added this was not to be characterized solely as an Anaheim issue because every single city in California was dealing with how to govern in a post Proposition 215 environment where voters approved an initiative to provide some mercy to those suffering from chronic illness and yet had turned into something quite different because of how broadly that issue was written. Council Meeting Minutes of February 8, 2011 Page 9 of 9 She thanked Bobby McDonald for addressing the Metropolitan Water District meeting, a member of Buffalo soldiers in full regalia, and announced the GOLD exhibit at the Muzeo and 3rd Annual Family Justice Fundraiser to be held at the Brea Improv on February 13 Council Member Galloway thanked the City Attorney's Office for their efforts on the marijuana dispensaries issue. She discussed "Make Kindness Contagious" month and recognized City employee Megan Anzalone for her act of kindness featured on the "Acts of Kindness" site on www.anaheim.net Mayor Pro Tern Sidhu announced the Downtown Anaheim Art Crawl Experience to be held on February 12 and the Orange County Symphony performance at Servite High School. He spoke of his attendance at the opening of the Battle of the Dance dinner show, a new experience in Anaheim and stated Council would continue to address the graffiti and the marijuana dispensaries issues. Council Member Eastman thanked staff for the budget workshop presentation and also announced events related to the Downtown Anaheim Art Crawl Experience. Mayor Tait also thanked staff for the budget workshop presentation and spoke of the Make Kindness Contagious" month site on www.anaheim.net Adjournment: At 6:23 P.M., Mayor Tait adjourned the February 8, 2011 meeting. Res ctfu y submitt d, Linda N. Andal, CIVIC City Clerk