2010/03/09ANAHEIM CITY COUNCIL
REGULAR AND REGULAR ADJOURNED
MEETING OF MARCH 9, 2010
The meeting of March 9, 2010 was called to order at 3:00 P.M and adjourned to 4:30
P.M. for lack of a quorum. Mayor Pro Tern Sidhu called to order the regular adjourned
meeting of March 9, 2010 at 4:38 P.M. in the Chambers of Anaheim City Hall located at
200 South Anaheim Boulevard. A copy of the agenda was posted on March 5, 2010 on
the kiosk outside City Hall.
PRESENT: Mayor Curt Pringle, Council Members: Lord Galloway, Bob Hernandez,
Lucille Kring and Harry Sidhu.
STAFF PRESENT: City Manager Tom Wood, City Attorney Cristina Talley, and
Assistant City Clerk Theresa Bass
ADDITIONS /DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
Council recessed to closed session for consideration of the following items:
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Priceline.com, Inc., et al. v. City of Anaheim, et al.,
Orange County Superior Court, Case No. 30- 2009 - 00244120 and related cases.
2. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF
LITIGATION
Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the
Government Code.
Mayor Pringle arrived at 4:43 P.M.
At 5:05 P.M., Council returned from Closed Session.
INVOCATION: Sr. Pastor Jerry Dirmann, The Rock Four Square Church
FLAG SALUTE: Mayor Pro Tern Harry Sidhu
PRESENTATIONS: Recognizing the 2009 Girl Scout Gold Award Recipients
Mayor Pringle introduced three of the seven Anaheim girl scouts attaining the 2009 Girl
Scout Gold Award
Council Minutes of March 9, 2010
Page 2 of 6
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Recognizing the Dayle McIntosh Center Apple of Our Eye
Honorees
Recognizing Tom Danley on his retirement from the Anaheim
Union High School District
At 5:35 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency and
Anaheim Housing Authority for a joint public comment session with the Anaheim City
Council.
ADDITIONS /DELETIONS TO THE AGENDAS: Staff requested Item No. 5, the joint
Council /Agency /Housing Authority public hearing, be withdrawn from the agenda.
PUBLIC COMMENTS (all agenda items except public hearing):
Melissa Belluz, Alcohol & Drug Dependency in Orange County, announced an upcoming
town hall meeting on March 16, 2010 at Canyon High School to discuss underage
drinking.
Fred Moehring, resident, chronicled complaints regarding neighboring rental homes
citing noise nuisance, overcrowding, parking impacts and safety concerns.
Carolyn Carpenter, Anaheim Family YMCA, announced two upcoming YMCA events; an
art exhibition /auction at the Anaheim Gardenwalk on March 18"' and the annual Good
Friday breakfast at the Anaheim Marriott on April 2n
Richard Hanes, resident, objected to receiving a code enforcement violation for his front
yard fence with notification being received after the fact rather then when the fence was
under construction. Mayor Pringle informed Mr. Hanes there was a process in which
homeowners could petition for a variance if the homeowner believed City regulations
were not applicable.
Linda Lewis, Second Harvest Food Bank of Orange County, announced the kick off of a
citywide food drive in Anaheim with 16 collection sites available throughout the City. She
added with the current economy, the demand for food donations had escalated 35
percent while donations had decreased. Mayor Pringle commented the City had
partnered with Second Harvest Food Bank for several years by providing food drop off
areas and that this was an opportune time for the community to help replenish food
banks.
James Robert Reade, resident, criticized police department internal affairs investigation
results.
Council Minutes of March 9, 2010
Page 3 of 6
Mayor Pringle introduced Police Chief John Welter to update Council on impacts of the
early prison parolee release program.
Police Chief John Welter reported this new law, which went into effect on January 25,
2010, authorized the placement of parolees into Non - Revocable Parole (NRP). This bill
required the State to reduce prison populations and specifically authorized NRP as one
method to release former prisoners into communities, in addition to the regular parole
process. He indicated parolees were required to be returned to the jurisdiction in which
they were convicted and Anaheim generally received about 100 parolees per month.
About one half of these parolees, he announced, would be released in an unsupervised
capacity and could not be returned to prison for parole violations. As a result of working
with police chiefs throughout the state, this initial program was modified to allow local
law enforcement to continue to conduct search and seizure on these parolees. He
added about 72 percent of parolees do commit crimes in the first year of release and his
department worked closely with the Orange County probationary department in
monitoring them. In Anaheim, he explained, parolees were met by unit personnel, living
quarters identified and an up -to -date photo obtained. He added that Orange County
provided a good outreach program with job training and substance abuse and faith -
based organizations helped reintroduce the parolees to the community.
He indicated the State Department of Corrections would begin screening parolees
between April and July and an estimated 66 parolees would leave State prisons with an
NRP status for release in Anaheim by July and 383 for the County of Orange. The
parolees not eligible for this early release program were those required to register as sex
offenders, committed to prison for serious or violent felony, committed to prison for
sexually violent offenses, found guilty of a serious disciplinary offense, validated as a
prison gang member, those refusing to sign any written notification of parole
requirements or conditions and those not evaluated by the department using a validated
risk assessment tool.
Mayor Pringle thanked Chief Welter for this update, stating that cities had to do the best
they could in addressing impacts of early release legislation. Council Member Sidhu
thanked the chief for his comprehensive review, asking that the community be kept
apprised of this program and its impacts.
JOINT PUBLIC HEARING (Redevelopment Agency, Housing Authority and City
Council)
5. This a joint public hearing among the Redevelopment Agency, Housing Authority
and City Council to consider a Cooperation Agreement, Exclusive Negotiation
Agreement, and Option to Lease for an affordable housing development on the
Agency -owned site located at 700 E. South Street in response to a Request for
Qualifications /Request for Proposals for a March 25, 2010 Tax Credit submittal.
This item withdrawn at the request of staff — no action taken.
Mayor Pringle recessed Council session to consider the Redevelopment and Housing
Authority agendas, reconvening the City Council at 5:56 P.M.
Council Minutes of March 9, 2010
Page 4 of 6
CONSENT CALENDAR: Council Member Kring moved to waive reading in full of all
ordinances and resolutions and to adopt the consent calendar in accordance with the
reports, certifications and recommendations furnished each council member and as
listed on the consent calendar, seconded by Council Member Hernandez. Roll call vote:
Ayes - 5; Mayor Pringle, Council Members: Hernandez, Galloway, Kring and Sidhu.
Noes - 0. Motion Carried
6. Receive and file the minutes of the Housing and Community Development
B105 Commission meeting of October 7, 2009 and November 4, 2009, Public Utilities
Board meeting of January 27, 2010 and Parks and Recreation Commission
meeting of January 27, 2010.
7. Accept the lowest responsive bid of CDCE, Inc., in an amount not to exceed
D180 $1,560,467.12, for the acquisition and installation of mobile data computers for
the Police Department, in accordance with Bid #7345.
8. Reappoint Janet Coe to the Anaheim Workforce Investment Board representing
B105 the public sector to a four -year term, ending March 8, 2014.
9. Approve and authorize the Executive Director to execute and administer a
5333.I Cooperation Agreement with the Redevelopment Agency for an affordable
special needs housing project located at 921 S. Beach Boulevard (Related to
Agency Item No. 01).
10. Approve and authorize the Public Works Director to execute the Contract
5455.0.1 Change Order No. 1 in favor of DLSB, Inc., in the amount of $57,548.72, for the
Citywide Sanitary Sewer Improvement Program Project, Group 3, South Street
Phase 3, Lemon Street to East Street.
11. Approve a Quitclaim Deed conveying certain real property interests unto William
P124 J. Buckley and Joan M. Buckley, as trustees of the Buckley Family Trust, and
cause said Quitclaim Deed to be recorded in the Office of the County Recorder.
12. Approve the Settlement Agreement and Waiver of Claims with Bank of America,
6141 N.A., in the final settlement payment of $15,000, for the property located at 1818
South Euclid Street for the Katella Avenue Smart Street - Ninth Street to Humor
Drive project (RAN ACQ2004- 00204, R/W ACQ2004 -00205 and R/W ACQ2004-
00206).
13. Approve an agreement with Harrington Geotechnical Engineering, Inc., in an
1682.D amount not to exceed $250,000, to continue to provide soil and materials testing
services for the East Street at SR -91 Freeway Interchange Improvement project.
14. Approve and authorize the Public Utilities General Manager to execute and
6142 administer an agreement with AAC Utility Partners, LLC, in an amount not to
exceed $316,250, which includes services, estimated travel expenses, and a ten
percent contingency, to provide consulting services to assist with selection of a
Customer Information System and authorize the necessary actions to implement
the agreement.
Council Minutes of March 9, 2010
Page 5 of 6
15. RESOLUTION NO. 2010 -028 A RESOLUTION OF THE CITY COUNCIL
P100 OF THE CITY OF ANAHEIM accepting irrevocable offers of dedication of certain
property and /or facilities (Tract Map No. 16825).
16. RESOLUTION NO. 2010 -029 A RESOLUTION OF THE CITY COUNCIL
D154.1 OF THE CITY OF ANAHEIM approving a Letter of Understanding between the
Anaheim Municipal Employees Association, General Unit, and the City of
Anaheim.
RESOLUTION NO. 2010 -030 A RESOLUTION OF THE CITY COUNCIL
D154.2 OF THE CITY OF ANAHEIM approving a Letter of Understanding between the
Anaheim Municipal Employees Association, Clerical Unit, and the City of
Anaheim.
17. ORDINANCE NO. 6166 (INTRODUCTION) AN ORDINANCE OF
M142 THE CITY OF ANAHEIM amending Subsection .010 of Section 4.10.010 of
Chapter 4.10 of Title 4 of the Anaheim Municipal Code relating to commercial
solicitation in the Resort Area.
18. Approve minutes of the regular meetings of February 9, 2010 and February 16,
2010.
REPORT FROM CLOSED SESSION:
COUNCIL COMMUNICATIONS:
Council Member Hernandez congratulated the First Presbyterian Church of Anaheim on
their 140"' anniversary. He also announced the Anaheim Library Association would hold
its 15"' annual Mystery Authors Luncheon on March 14 and the upcoming 2010 Major
League All -Star Game scheduled to be held at Anaheim Stadium.
Council Member Galloway recognized City employee, Officer Laura Lamelli.
Council Member Kring congratulated the Police Department on receiving a state grant
for efforts in combating gang violence, an award of $382,689 and one of 24 cities
receiving those funds. She also announced the double rebate program for the
installation of "Energy Star" appliances and the City's new ePay portal, in which a variety
of payments could be made on line. Council Member Kring also reported she had
attended the APPA conference in Washington, D.C. in February, representing the City.
Council Member Sidhu announced that on March 11, 2010 he would be attending the
"Restoring Community Conference" to be held at the Disneyland Resort. He added that
citizens seeking information and updates related to ARTIC should visit the City's
website.
Mayor Pringle reiterated the Restoring Community Conference was an important focus
of his as modern urban planning experts will discuss thoughts and ideas related to
building cities and restoring the fabric of communities.
Council Minutes of March 9, 2010
Page 6 of 6
ADJOURNMENT:
At 6:09 P.M., with the consent of Council, Mayor Pringle adjourned the March 9, 2010
Council session.
R ly submitted,
esa Bass
Assistant City Clerk