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2007/03/20ANAHEIM, CALIFORNIA CITY COUNCIL REGULAR ADJOURNED MEETING MARCH 20, 2007 The adjourned regular meeting of March 7, 2007 was called to order at 3:35 P.M. on March 20, 2007 by Mayor Pringle. PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez, Lucille Kring and Harry Sidhu. STAFF PRESENT: City Manager Dave Morgan, City Attorney Jack White, and City Clerk Linda Nguyen SISTER CITY PROGRAM WORKSHOP Terry Lowe, Community Services Director provided a brief history on the sister city organizations, reporting the program was established by President Eisenhower in 1956 to increase citizen diplomacy and now over 800 United States cities were linked with 1,800 international cities in 127 countries. The mission of Sister Cities International was to create and strengthen partnerships between the United States and other countries to get global cooperation at the municipal level, promote cultural understanding and to stimulate economic development. On the local level, he stated the organizational structure varied from one city to another particularly in the area of management, staffing and funding. He added Sister Cities International suggested certain guidelines in that each ranking elected official in both countries signed an official agreement to formalize the sister city relationship and receive an official charter. In Anaheim, he commented, the Anaheim Sister City Association (ASCA) began in 1974, when Jim Kukashima, an Anaheim resident native to Mito, Japan and his brother, a Mito city council member fostered a partnership during the first official visit of the Mito delegation. He explained there were four membership categories and a small annual fee was charged to belong to ASCA whose mission was to provide for cultural enrichment, business development, informational and educational exchanges, and to foster the development of greater understanding of diverse populations of the world. Mr. Lowe added Anaheim now had two current sister city relationships, Mito, Japan and Vitoria-Gasteiz, Spain, established in 1998. Activities between the cities included student exchanges and delegation visits. In terms of financial assistance, ASCA received $8,000 annually from Mito. During the 70's and 80's, the City of Anaheim had provided general operational funding to the organization to host visiting dignitaries and since the 90's, the City provided periodic funding, generally in the amount of $5,000 annually. While working cooperatively together, Mr. Lowe stated, the City provided no oversight to ASCA. In comparison, the city of Irvine funded one full-time and one part-time staff member in the City Manager's Office, as well as a quarterly publication and catering for sister city related events. This city staff person served on the association board as treasurer and events were administered by the city and conducted by the organizations members for three established relationships with international cities. Mayor Pringle requested Irvine's operational budget and Mr. Lowe replied that information was unavailable at the time but would be provided to Council at a later date. March 20, 2007 -Page 2 The city of Long Beach, Mr. Lowe reported, had nine established sister city relationships and paid an annual fee to the organization based on the size of the city and the number of relationships. He noted Long Beach conducted 20 annual cultural events including a festival. Council Member Kring asked for clarification on a "friendship city" versus a sister city and Mr. Lowe responded it was a similar relationship with an organization not affiliated with the International Sister Cities group. Mr. Lowe stated that San Jose reimbursed their non-profit organization up to $2,500 for each sister city which capped at $18,500 annually. Their local organization conducted multiple events and a city staff member served as the liaison to the three separate non-profit organizations supporting San Jose's seven sister city relationships. Council Member Galloway asked what the current ASCA budget was. Marge Conway, president of the organization, indicated the budget varied depending on whether a visiting delegation was occurring in a particular year, but that in general, the budget was approximately $20,000 a year. Council Member Galloway asked what percentage of that budget was funded through the City of Anaheim; Ms. Conway responded the City of Anaheim had not funded any portion of the association budget since 2003-04, when she believed $1,000 had been received. Council Member Galloway commented the ASCA had requested $7,500 from the City for the 2007 budget year and asked how the organization was able to carry out their activities in 2006 with no assistance from the City. Ms. Conway answered the Association used reserved savings, indicating those monies were now diminishing. Council Member Galloway asked if an annual audit was performed with Ms. Conway responding an audit was performed annually and upon further clarification, acknowledged the audit was not performed by a professional certified public accountant (CPA). Terry Lowe informed Council when local organizations requested funding of $5,000 to $7,500, an audit statement was not requested by the City. Council Member Galloway requested the City Manager provide a report on this issue, commenting she felt the City should require an independent CPA audit from any organization requesting funds. Mayor Pringle asked about the $8,000 received from Mito, Japan outlined in the ASCA budget. Ms. Conway answered the funds were to assist with the student exchange program for classroom activities, lunches and special visits. Council Member Kring expressed admiration on the success of the student exchange program, asking if ASCA held fund raisers to which Ms. Conway replied they had been held but were not successful. Council Member Galloway reported she and Council Members Hernandez and Galloway met with the Sister Cities International organization in Washington, D.C. last week and found that many of the local organizations were supported by their business communities. She added Anaheim's Chamber of Commerce director was interested in becoming a member or in being part of the proposed task force with the goal of encouraging participation by local businesses and making them aware of the cultural aspects of the Mito relationship. She hoped to have the Vitoria-Gasteiz relationship revived and looked forward to the potential establishment of a joint sister city organization consisting of three smaller German cities to reflect Anaheim's founders. She added she would be willing to work on linking the business community to the Association to increase funding sources and move the organization ahead. Council Member Sidhu asked the city attorney whether the City could set standards and policies for an organization such as ASCA. Mr. White responded to the extent the City was providing support, there could be a contract between the non profit organization and the City which could outline standards. Other than that, he remarked, the City of Anaheim did not have direct control over a private non-profit organization. With further questioning, Mr. White stated the name of the City of Anaheim was not copyrighted and many organizations and businesses used the City's name. Council Member Sidhu asked how involved could the City be in the ASCA and Mr. White remarked it was up to Council's discretion as they considered the value of the publicity and March 20, 2007 -Page 3 goodwill as an indirect benefit to the City. The question on controlling the activities, he stated, could be addressed through an agreement with the organization. Council Member Sidhu indicated he had traveled to Mito, Japan with the ASCA delegation and received an extraordinary welcome from their business community and he hoped to see the same type of involvement with the Anaheim business community. The City Manager pointed out that since the city council must agree to create a sister city relationship with mayors from both cities signing an agreement, Council could play some role in prospective city relationships in order to get that affirmative approval. He pointed out while the Association was independent, they were not empowered to establish a relationship without Council approval and that is where Council would have an opportunity to discuss their expectations. The request for funding assistance would be a separate issue. Council Member Sidhu remarked his goal was to have more private sector involvement and proposed having a business representative appointed to the ASCA board to bring about a certain level of professionalism and credibility and as tactic to foster growth. He also wanted to see ASCA form more sister city relationships pointing out that from 1976 to the present, there had been only one active sister city relationship. Mayor Pringle added some members of Council expressed concern on the level of openness and participation in the ASCA. He added the organization was comprised of members involved for many years and who had committed countless hours in trying to move the organization forward and that this Council was not being disparaging or critical of the commitment made. He pointed out that over the last 30 years, the organization had not grown and Anaheim should be at the forefront of sister city programs looking to build relationships with various communities reflective of Anaheim. He spoke of the International Sister City goals indicating they had not been attained to the level Council would like to see to create an atmosphere in which economic and community development could be implemented and strengthened and cultural relationships built. To do that, he added, the business community would have to feel comfortable being part of the organization and to feel there was some business interest in offering support. He remarked there was not a proper bridge between the ASCA and the City and he would like to find a way to build a better partnership with the organization and help it grow but also to insure that any decision made about future direction of the organization would involve City Council's voice in that decision. With that goal in mind, Mayor Pringle suggested establishing a Council appointed task force to meet with members of the ASCA and make unanimous recommendations back to Council. Council Member Sidhu again spoke of expanding the board and helping ASCA grow and for the City to be fully engaged as a partner for visiting dignitaries. Council Member Kring remarked that Council task force appointees should not be required to have a unanimous vote and that a 3:2 vote would be acceptable. Council Member Galloway thanked the association for their hard work and efforts. She spoke of the opportunities available to Anaheim as it looked to expanding the ASCA. She had visited the International Sister City organization in Washington, D.C. and found out what programs other cities enjoyed pointing out the city of Phoenix had done an economic survey showing sister city relationships actually increased their budget by $7.5 million in one year through business relationships and that this model affiliation showed a strong partnership between the city and the association. Ms. Conway stated she would like to see Anaheim's Sister City Association have a better relationship with the City of Anaheim. March 20, 2007 -Page 4 Council Member Galloway noted Mito had much participation by their city government and that accounted for the types of events which were held for the Anaheim delegation and she would like to see Anaheim improve in that regard and hoped the advisory task force would be a method to accomplish that. Ms. Conway added she would not mind having two or three more people on the board but did not wish the board makeup exceed 21. Council Member Sidhu remarked Council wanted to give the association some support but there should be some changes involved in that support. The task force would assist in funding, future growth and offering direction and with those changes the organization would grow. Upon closure of the workshop, Mayor Pringle recessed the meeting to consider closed session items at 4:30 P.M. ADDITIONSIDELETIONS TO CLOSED SESSION: NONE PUBLIC COMMENTS ON CLOSED SESSION ITEMS: NONE CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Walt Disney World Co. v. City of Anaheim, et al., Orange County Superior Court Case No. 070001210. 2. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Howden v. City of Anaheim, et al., United States District Court Case No. SACV05-812DOC(ANx). Council returned from closed session at 5:20 P.M. Invocation: Pastor Ken Kalina, First Presbyterian Church Flap Salute: Council Member Lucille Kring Presentations: Recognizing the 2006 Girl Scout Gold Award recipients -Leslie Finch, Orange County Girl Scout program director, explained the Gold Award program and introduced one of the four girl scouts, Shannon Kelly, who had attained this award. Acceptance of Other Recognitions (To be presented at a later datel: Recognizing the Anaheim Family Justice Center Alliance with the San Diego Family Justice Center -Police Chief John Welter thanked Council for the recognition stating he would share the document with the city of San Diego. Recognizing the recipients of the Anaheim Chamber of Commerce Women's Division Annie Anaheim Accolade Awards -Five women receiving the Annie Accolade awards would be recognized at a luncheon to be held in the coming week. March 20, 2007 -Page 5 Proclaiming April 14, 2007 as Paint Day in Anaheim -Pam Starr, executive director of "Paint Your Heart Out", thanked Council for supporting the organization stating that on April 14th, over 1,000 volunteers would help paint and refurbish homes of low income, disabled or senior citizens. Proclaiming April 8 - 14, 2007 as National Telecommunicators Week - Stephen Cleary, Anaheim Police Dispatcher, expressed appreciation to Council for their tribute. Proclaiming April 21-25, 2007 as Pow Wow Week in Anaheim -Charles Ahlers received the proclamation and discussed the importance of Pow Wow Week as an opportunity for Anaheim to showcase its tourist products. ADDITIONS/DELETIONS TO AGENDA: Staff withdrew Item No. 42 from the agenda and requested Item No. 49 be continued to April 17, 2007. At 5:35 P.M., Mayor Pringle called to order the Redevelopment Agency and the Housing Authority for a joint public comment session. PUBLIC COMMENTS (ALL MATTERS EXCEPT PUBLIC HEARINGS): Beverly Sheldon, resident, spoke of the growing graffiti problem in the City, relating it to the need for more police officers. Mayor Pringle invited her to participate in the May and June budget hearings when departmental budget requests would be considered. James Robert Reade recounted an allegorical tale linked to police personnel issues. Eric Altman, representative of ACCORD, stated his organization sought solutions for the affordable housing crisis. He remarked if the business community was against placing affordable housing in the resort district, the business community should put forward an alternative solution. Alda Deseino, President of Local 681 representing 5,000 workers primarily within the resort area, encouraged Council to rehear the issue on affordable housing in the resort area. Martin Lopez, resident and Treasurer for Local 681, supported affordable housing within the resort area and expressed disappointment over the Disney litigation. Laurie Cadenas, Vice President of Local 681, stated the tourist industry employees helped build the resort and had a right to live close to their work imploring Council to rehear the issue on affordable housing in the resort district. Antonio, Anaheim resident, spoke of the difficulties in finding rent or housing for those who earned low wages in the tourist industry and the need for affordable housing. Evie Loyo, 20 year resident, spoke against approving additional housing in the Lincoln/East Street neighborhood, stating that area was already overtaxed for needed services and additional housing would exacerbate the problems. Bill Dalati, Anaheim resident, urged Council to rehear the affordable housing issue for the resort area and to find an alternative location if needed. Larry Larson, resident, spoke against Disney Corporation's using the initiative process to usurp Council's decisions regarding land use within the City. March 20, 2007 -Page 6 Richard Goldsmith, resident, registered his concern to the rezoning of the proposed CHOC property on Lincoln Avenue citing the neighborhood as well as Lincoln Avenue elementary school was overcrowded and lacking services. He asked Council to have the Planning Commission conduct and prepare a full environmental impact report to address traffic flow, school overcrowding, the cost of City services for the project and any other factors that would negatively impact the lives of residents in this area. Mike Wilson, Anaheim resident, spoke in support of affordable housing stating there was a misconception that the aesthetics of a low cost housing project would be unacceptable, pointing out that other affordable housing projects proved to be an asset to the City. Paula Flores, former Anaheim resident, explained that her family had benefited from affordable housing year ago and that she had been able to attain an education and gain some success as she did not have to work at an early age to help with the rent and could focus on her schoolwork. Amin David, representing Los Amigos of Orange County, spoke of the struggles for low income wage earners and supported affordable housing in the resort area. Eileen McCarthy, Public Law Center, referencing Item No. 52, stated the Law Center supported the resolution to approve the rehearing request emphasizing if the business community did not support this action, they should assist the City in identifying other areas where affordable housing could be built. She added in the next planning period of 2006-2014, a new set of very low and low income numbers related to regional housing needs assessments would be identified for Anaheim. She also expressed concern that if any low income households currently living in the resort area were displaced by any type of development, adequate provision for those residents would be provided pursuant to state and federal law. An unidentified individual remarked with income coming from the resort area, there was also a responsibility to find housing for all income segments of the community and asked the business community to come forward with alternative solutions. At 6:12 P.M., Mayor Pringle recessed the Housing Authority to consider the Anaheim Redevelopment Agency agenda. JOINT PUBLIC HEARING 4. A Joint Public Hearing to consider a Disposition and Development Agreement with Future 4184.A Properties Management, LLC, for the disposition of Agency owned parcels for the expansion and rehabilitation of the shopping center at the northeast corner of Brookhurst Street and La Palma Avenue (Future Properties Shopping Center). COUNCIL ACTION: S/G VOTE: 5-0 RESOLUTION NO. 2007-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THAT CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT (FUTURE PROPERTIES SHOPPING CENTER} WITH FUTURE PROPERTIES MANAGEMENT, LLC AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. Director Elisa Stipkovich remarked the public hearing was a requirement of State law for the disposition of any property by the Anaheim Redevelopment Agency. On September 1, 2006, she March 20, 2007 -Page 7 explained Council and the Redevelopment Agency had approved an exclusive right to negotiate with an adjacent retail property owner for Agency-owned parcels at 2157-2151 La Palma Avenue. The Agency site was approximately 3/ of an acre and the retail center had made a proposal to purchase the site from the Agency for fair market value, which was $1 million. She explained the property owner would be rehabilitating and adding to their retail center. In accordance with the agreement, Future Properties Management would construct approximately 4,689 square feet of additional retail space, demolish a dilapidated restaurant and add a new 1,700 square foot Starbucks coffee shop. They would also be modifying the facades and adding parking as well as doing a complete upgrade on the landscaping. The Community Development Department performed an economic analysis which reflected the Agency had paid $735,000 for the site, would receive $1 million from the proceeds of the sale and would also receive $435,000 (net present value dollars) in tax increment over the life of this project. Mayor Pringle opened the public hearing and invited comments. With no public input received, he closed the hearing. Council Member Sidhu moved to approve Resolution No. 2007-031 of the City Council of the City of Anaheim Approving that certain Disposition and Development Agreement (Future Properties Shopping Center} with Future Properties Management, LLC and making certain findings; seconded by Council Member Galloway. Roll Call Vote: Ayes - 5; (Mayor Pringle, Council Members: Galloway, Hernandez and Kring. Noes - 0. Motion Carried. At this point, Mayor Pringle recessed the meeting to consider the Anaheim Housing Authority agenda, reconvening Council session at 6:19 P.M. CONSENT CALENDAR: Mayor Pringle requested the following items be removed from the consent calendar for further discussion: Item No's. 11, 12, 13, 24, 28, 29, 30, and 33. Council Member Kring removed Item No. 39. Council Member Hernandez waived reading in full of all ordinances and resolutions and to approve the balance of the consent calendar in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar, seconded by Council Member Kring. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried MOTION: H/K Waive reading in full of all ordinances and resolutions and adopt the consent calendar. 10. Reject certain claims filed against the City. C118 14. Award the contract to the lowest responsible bidder, Fleming Environmental, Inc., in the 4518 amount of $132,793 for the Rio Vista Park Playground Renovation project, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 15. Approve an Agency-State Agreement for the Federal Aid Project No. 12-5055R Program 1654.N.129 Supplement No. 129-N for Harbor Boulevard Improvements project from 800' south of Convention Way to Convention Way. 16. Approve an Agency-State Agreement for Federal Aid Project No. 12-5055R for the Kraemer 1654.N.142 Boulevard improvements from 85' south of Coronado Street to 446' south of La Palma 1654.N.138 Avenue, the Broadway improvements from 153' east of Mable Street to Manchester 1654. N.140 March 20, 2007 -Page 8 Avenue, and the Orangewood Avenue improvements from Mallul Drive to Harbor Boulevard. 17. Approve an Agency-State Agreement for Federal Aid Project No. 12-5055R for the Sunkist 1654.N.141 Street improvements project from 250' north of Ames Avenue to Tryon Avenue. 18. Approve an Agency-State Agreement for Federal Aid Project No. 12-5055R for the La 1654.N.130 Palma Avenue pavement rehabilitation project from Anaheim Boulevard to East Street, the 1654.N.137 East Street pavement rehabilitation project between 800' south of SR-91 Freeway to 1654.N.139 Belmont Avenue, and the Orangewood Avenue pavement rehabilitation project from 1,320' west of West Street to Ninth Street. 19. Approve Contract Change Order No. 1, in the amount of $40,062 in favor of Post Alarm 4436 Systems for the Angel Stadium of Anaheim Security Camera project. 20. Approve Amendment No. 11 to Cooperative Agreement No. C-95-965 with Orange County 1363.11 Transportation Authority for transportation projects. 21. Approve the Grant Deed to Arena Inn & Suites, L.P., for property located at 100 West P124 Katella Avenue. 22. Approve the Final Map and Subdivision Agreement of Tract No. 17077 with Brookfield Olive 4519 Street, LLC, for property located at 525 East South Street. 23. Approve the Final Map and Subdivision Agreement of Tract No. 17019 with Desai 4520 Construction & Developers, Inc., for property located at 3319-3331 W. Lincoln Avenue. 25. Accept the low bid of American Asphalt South, Inc., in an amount not to exceed $600,000 4522 for slurry seal services for the Public Works Department, Streets and Sanitation Division for a one-year period, with four one-year optional renewals, and authorize the Purchasing Agent to exercise the renewal options, all in accordance with Bid #6897. 26. Accept the low bid and .authorize the execution of an agreement with Marina Landscape, 4523 Inc., in an amount not to exceed $237,600 for landscape maintenance services in and around the Convention Center for atwo-year period with three one-year optional renewals, and authorize the Purchasing Agent to exercise the renewal options, all in accordance with Bid #6892. 27. Accept the low bid and authorize the execution of an agreement with Clean City, Inc., in an 4524 amount not to exceed $510,000 for weed abatement and trash removal services throughout the streets and alleys of the City for aone-year period with four one-year optional renewals, and authorize the Purchasing Agent to exercise the renewal options, all in accordance with Bid #6900. 31. Waive the sealed bid requirement of Council Policy 306 and authorize the Purchasing D180 Agent to issue a purchase order to Opticomm Corporation, in an amount not to exceed $65,000, for fiber optic transceiver communication hubs for the Public Works Department, Traffic Systems Services Division. 32. Approve a schedule for review and adoption of the proposed Fiscal year 2007/2008 budget D106 and set public hearings for June 5, 2007 and June 19, 2007 at 2:00 p.m. March 20, 2007 -Page 9 34. Approve and authorize the Community Services Department to accept a fund D150 reimbursement award from the federal government, in the amount of $35,316.76 and increase the Library Services 2006/2007 budget accordingly. 35. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional 3209.8.1 Service Agreement with Pfeiffer Partners Architects, Inc., to complete design documentation for tenant improvements. 36. Approve and authorize the City Manager to execute a Cooperation Agreement with 4529 Redevelopment Agency to install Anaheim Canyon monument-type signage within existing street medians. (Related to Agency Item # 01) 37. Approve the second amendment to the agreement with Care Ambulance Services, Inc., for 4411.2 housing of personnel and equipment. 38. Approve and authorize the Police Chief to execute a License Agreement with the Orange 4530 County Sheriffs Department to utilize the training facility on Katella Avenue and to execute future agreements with the Orange County Sheriffs Department. 40. Approve a Crowd Management Agreement with Contemporary Services Corporation to 4531 provide crowd management services, on anon-exclusive basis, for events held at the Anaheim Convention Center. 41. Approve the First Amendment to the Water Facilities Utility Agreement No. 12-UT-936 with 4124.1 the California Department of Transportation for the removal and relocation of water facilities to accommodate the State of California's freeway grade separation project on Imperial Highway at Orangethorpe Avenue. 42. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY D175 OF ANAHEIM AMENDING THE PLATINUM TRIANGLE PROJECT AREA FEES IN THE FY 2006-2007 FEE SCHEDULE FOR THE PUBLIC WORKS DEPARTMENT OF THE CITY OF ANAHEIM ADOPTED BY RESOLUTION 2006-150. Item 42 continued to April 17, 2007. 43. RESOLUTION NO. 2007-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY P110 OF ANAHEIM VACATING TWO PUBLIC UTILITY EASEMENTS LOCATED AT 525 EAST SOUTH STREET PURSUANT TO CALIFORNIA STREETS AND HIGHWAYS CODE SECTIONS 8330 ET SEQ.-SUMMARY VACATION (Abandonment No. ABA2007-00149) (525 East South Street). 44. RESOLUTION NO. 2007-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY P110 OF ANAHEIM VACATING TWO PUBLIC UTILITY EASEMENTS LOCATED AT 1045 NORTH KEMP STREET PURSUANT TO CALIFORNIA STREETS AND HIGHWAYS CODE SECTIONS 8330 ET SEQ.-SUMMARY VACATION (Abandonment No. ABA2006- 00143) (1045 North Kemp Street). 45. RESOLUTION NO. 2007-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY P110 OF ANAHEIM VACATING A PUBLIC UTILITY EASEMENTS LOCATED ON VACANT PARCEL NUMBER 072-415-50 PURSUANT TO CALIFORNIA STREETS AND March 20, 2007 -Page 10 HIGHWAYS CODE SECTIONS 8330 ET SEQ.-SUMMARY VACATION (Abandonment No. ABA2007-00148). 46. RESOLUTION NO. 2007-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY P124 OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN (CITY DEED NOS. 11017, 11018, AND 11019). 47. RESOLUTION NO. 2007-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY D160 OF ANAHEIM AUTHORIZING THE CHIEF OF POLICE OR HIS DESIGNEE TO SUBMIT A GRANT APPLICATION ON BEHALF OF THE CITY OF ANAHEIM TO THE STATE OFFICE OF HOMELAND SECURITY, FOR THE FISCAL YEAR 2007 URBAN AREAS SECURITY INITIATIVE (UASI) GRANT PROGRAM, AND IF AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH GRANT ON BEHALF OF THE CITY AND AMENDING THE BUDGET FOR FISCAL YEAR 2007-08 ACCORDINGLY. 48. RESOLUTION NO. 2007-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY D155 OF ANAHEIM (I) AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE WORKFORCE HOUSING REWARD PROGRAM FOR AFFORDABLE HOUSING PROJECTS LOCATED IN THE CITY OF ANAHEIM, (II) IF SELECTED FOR SUCH FUNDING, AUTHORIZING THE EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS THERETO AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE WORKFORCE HOUSING REWARD PROGRAM, AND (III) IF SELECTED FOR SUCH FUNDING, AMENDING THE BUDGET FOR FISCAL YEAR 2007-08 ACCORDINGLY. 49. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY D182 OF ANAHEIM AMENDING RATES, RULES, AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF WATER AS ORIGINALLY ADOPTED BY RESOLUTION NO. 72-600 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 2005-39. Item 49 was rescheduled to April 17, 2007. 50. ORDINANCE NO. 6053 (INTRODUCTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM AMENDING SUBSECTIONS .070, .080 AND .090 OF SECTION 18.40.060 OF CHAPTER 18.40 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DEDICATIONS AND IMPROVEMENTS. 51. Approve the regular City Council meeting minutes of March 6, 2007. END OF CONSENT CALENDAR: 11. Receive and file the Investment Portfolio Report for February 2007. D117 Mayor Pringle requested a clearer understanding of the City's investments; Henry Stern, City Treasurer, reported Anaheim's investment portfolio was safe, conservative and liquid. Mayor Pringle asked for clarification on the benchmark identified in the report and Mr. Stern explained the benchmark had been determined by City staff a number of years ago and took the average rate of March 20, 2007 -Page 11 maturity of the portfolio and correlated it to the current treasury yield for the weighted maturity. The problem, he explained, is that it was a moving benchmark which meant if the portfolio started to shorten up it would not be a correlation to a constant benchmark. He added he would like to develop a more constant benchmark so the Department could measure performance on a continuity basis. Mayor Pringle remarked he would like to see the investment summary report show how the City was doing on a comparative basis over recent history and would appreciate developing tools for Council to understand what actions were being taken and why. Mr. Stern responded that it was his goal to make the investment report more transparent and to provide an understanding of how it operated. Council Member Sidhu asked what had caused the net earnings in February 2007 to increase from February 2006 net earnings; Mr. Stern indicated there was a significant increase in short term interest rates and the City had taken the opportunity to reinvest on the short term to gain higher interest. Council Member Sidhu moved to receive and file Item No. 11, seconded by Council Member Kring. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 12. Receive and file minutes of the Park and Recreation Commission meetings of September B105 27, 2006, October 25, 2006, December 13, 2006, January 24, 2007; the Investment Advisory Commission minutes of November 21, 2006; the Deferred Compensation Committee minutes of July 12, 2006 and October 12, 2006; the Public Utilities Board minutes of February 1, 2007; and the Library Board minutes of February 12, 2007. Mayor Pringle remarked on the timeliness of the various commission minutes presented to Council, indicating some were many months after the fact. He asked the City Manager if draft minutes rather than approved minutes could be provided to Council so there was more value in reading the minutes and relating actions and comments to current issues rather than having the approved minutes submitted months later. Council member Kring moved to receive and file Item No. 12, seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 13. Award the contract to the lowest responsible bidder, R.J. Noble, in the amount of 4517 $397,789.80 for the Gene Autry Way street improvements from Betmor Lane to State College Boulevard, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Mayor Pringle commented the landscaping on Gene Autry Way needed maintenance. He understood it was a Caltrans obligation, however, he stated if the City was going to resurface the street, he would like to have the islands cleaned up and made more presentable before baseball season started. Gary Johnson, Director of Public Works, remarked the Department had contacted Caltrans to make a request for maintenance of those areas and received no response, however, Public Works intended to make that area more acceptable before the start of the baseball season. Council Member Hernandez asked if the construction traffic for the overpass would impact the resurfacing of Gene Autry Way. Natalie Meeks, Public Works, responded federal funding was allocated for 05/06 and the project must be completed within two years. She added the timing was tricky as there would be construction going on in the area but she pointed out the road was in such bad condition, staff felt it was the right thing to do to get the road resurfaced. She stated minor March 20, 2007 -Page 12 construction traffic would not damage the roadway. She added there was future work planned for the Platinum Triangle and it was unfortunate that the street would probably be cut into over the next few years as those projects moved forward and service laterals were installed. She emphasized staff did not think the street could stand up to baseball traffic, construction traffic and all the work that was going to go into that area without having the street resurfaced. She noted that at the end of the Platinum Triangle projects, bond money would provide for grinding and capping the streets for visual improvement and the structural part of the pavement would not be impacted. Council Member Hernandez moved to approve Item No. 13, Council Member Sidhu seconded. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 24. Approve and authorize the City Engineer to execute an Agreement for Purchase and Sale 4521 and Joint Escrow Instructions, in the acquisition payment amount of $18,100,000 plus closing costs, for the development of an electrical generation facility (3071 East Miraloma Avenue). Marcie Edwards, Utility General Manager, reported this item was to approve purchase of approximately 9.3 acres of property located at 3071 East Mira Loma in the City's industrial area. The property acquisition would provide the Department with an opportunity to develop additional electricity generating resources in the City and those contracts to develop the site would be brought to Council over subsequent months. She remarked it would be the Department's intent to generate electricity at this site by the summer of 2010. She added staff believed the acquisition price of $18.1 million which had been under negotiation for almost two years, was reasonable. She added the net present value analysis of installing generation on this site ranged from between $24 - 50 million depending on the generating plant configuration. In addition the new tariffs from California Independent Systems Operator (CISO) would be approximately $9-10 million per year for reliability related fees that the installation of this plant would largely offset. Council Member Sidhu asked if the property was environmentally clean or was special cleanup needed; Natalie Meeks responded the City had performed Phase I environmental review on the property and identified minor contamination from hydraulic fluid related to an auto shop repair business. She added staff was planning additional investigation as part of the escrow period and the City's due diligence to drill down to the groundwater and verify there was no contamination on the site. Ms. Meeks further stated the City was buying the property "as is" which was why significant environmental investigation would take place before escrow closed and if further analysis determined there was additional contamination, the City would have to make a determination on whether or not to go forward with close of escrow on this property. Council Member Sidhu supported this project remarking the electricity generated would help significantly during peak load hours and moved to approve Item No. 25, seconded by Council Member Hernandez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 28. To provide carnival services for the annual Cinco de Mayo Fiesta at La Palma Park, and 4525 authorize the Purchasing Agent to exercise up to four event renewal options, all in accordance with Bid #6904. March 20, 2007 -Page 13 Mayor Pringle commented that all three bidders had minimum guarantees but that one of the bidders offered a higher percentage of return on gross receipts and asked for clarification on the bid award process. Terry Lowe, Community Services Director, responded there was risk on this type of event, with the biggest risk being poor weather. With this bid award, he remarked, the City would still realize $60,000 as a minimum and this would guaranty the City's costs would be covered. Mayor Pringle remarked he would hope the City's Request for Proposal (RFP) indicated that additional weight would be put on the minimum guaranty above the gross percentage return to the City. Council Member Kring moved to approve Item No. 28, seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 29. Accept the bid and authorize the execution of an agreement with Paul Maurer Shows, to 4526 Accept the bid of Scher Tire, Inc., in an amount not to exceed $61,000 for the purchase of police pursuit tires for Public Works, Fleet Services Division for aone-year period with four one-year optional renewals, and authorize the Purchasing Agent to exercise the renewal options, all in accordance with Bid #6901. Mayor Pringle acknowledged he had pulled this item for clarification on the bid award policy as the vendors on this bid proposal were fairly close in dollars and he would have preferred the award be given to an Anaheim firm when bid amounts were so close. Council Member Sidhu asked for an explanation on what constituted an incomplete bid and how it was handled. Purchasing Agent Carol Ayuso explained the first bidder did not bid on one of the numerous specifications for tires and on all the other unit tire prices, their bid was higher than Scher Tires and was therefore considered incomplete. She added these bids were very close in price due to the way tire manufacturers' price to distributors and it was a matter of how much margin the vendors wanted to add on or how much discount would be taken off based on their incentives or rebates. She also added the City did have a one percent preference rule for Anaheim businesses in the Council policy which was based on the percentage of sales tax that comes back, and in this case, All Seasons Tires was more than one percent higher than Scher Tires. Council Member Sidhu asked if the bid was incomplete, why such bidders were included in the bid list in the staff report; Ms. Ayuso responded normally the bids state a vendor can bid on all or on some items unless it was specifically stated that all items in the bid must be addressed. This was done as it could be a financial advantage to the City to split bid awards and vendors would not necessarily be disqualified for an incomplete bid. Council Member Sidhu moved to approve Item 29, seconded by Council member Kring. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 30. Accept the bid of A.Y. Nursery, Inc., in an amount not to exceed $99,9.17 (including tax), for 4527 various nursery trees for the Community Services Department, Urban Forestry Division and TreePower Program for a period of one year with four one-year optional renewals, and authorize the Purchasing Agent to execute renewal options, all in accordance with Bid # 6871. March 20, 2007 -Page 14 Mayor Pringle asked if AY Nursery bid an overall lower price than the incomplete bidder. Terry Lowe, Community Services director, stated the overall bid price was lower and the second highest bidder, AY Nursery was able to respond to all the City's needs as opposed to the incomplete bidder. Mayor Pringle moved to approve Item No. 30, seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 33. Approve a License Agreement with the Anaheim Ballet for a term of five years to utilize the 4528 Anaheim Cultural Arts Center located at 280 North Lincoln Avenue, on a shared basis, to provide company concerts, school training and STEP-UP after-school outreach program. Mayor Pringle wanted to insure there were no terms in the lease with Anaheim Cultural Arts Center which would limit the City's ability to develop this site or tear it down and construct a multiple performing arts center, an idea which was being researched by a Council appointed task force. Mr. Morgan, City Manager, reported the City had a 30-day ability to cancel this agreement with total flexibility. Council Member Kring moved to approve Item No. 33, seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 39. Approve the donation of six Anaheim Police Department bicycles to the Anaheim Police D160 Activities League. Council Member Kring emphasized the good works of the Police Activities League (PAL) stating it was comprised of police officers and community members to assist youths at risk. She explained the bicycles would be well received by children attending PAL activities who might otherwise not be able to afford one. Council Member Kring moved to approve Item No. 39, seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 52. Review the need for continuing the local emergency heretofore proclaimed by the Director D175 of Emergency Services as ratified by previous action of the City Council concerning land movement and property damage in the vicinity of 357, 365 and 373 Ramsgate Drive and the Hidden Grove Lane/Fox Glen Drive area in the City of Anaheim and determine that the need for continuing the local emergency exists. Jack White, City Attorney, reported discussions continued to occur with representatives of both City staff and FEMA regarding the costs that had been and continued to be incurred in connection with the Ramsgate area landslide. He noted City staff was awaiting a meeting with FEMA to get input back from FEMA staff on the costs for reimbursement. Mayor Pringle asked if this could be agendized during closed session within the next month to get a more detailed update on the litigation. March 20, 2007 -Page 15 Council Member Hernandez moved to approve Item No. 52, seconded by Council Member Sidhu. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 53. Consider a request for rehearing for General Plan Amendment No. 2006-00448 and C410 Amendment No. 8 to the Anaheim Resort Specific Plan No. 92-2 (City Council public hearing held February 13, 2007; Request for Rehearing submitted by SunCal Companies). OPTION 1: RESOLUTION NO.: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM denying a rehearing requested by SunCal Companies in connection with General Plan Amendment No. 2006-00448 and Amendment No. 8 to the Anaheim Resort Specific Plan No. 92-2. OPTION 2: RESOLUTION NO.: 2007-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM granting a rehearing requested by SunCal Companies in connection with General Plan Amendment No. 2006-00448 and Amendment No. 8 to the Anaheim Resort Specific Plan No. 92-2 and setting a future date at which the rehearing will occur. Mayor Pringle announced the City Attorney had placed two resolutions on the agenda relating to Item No. 53 and that Option 1 was a request to deny the rehearing and Option 2 would grant the rehearing. Council Member Kring provided background on her decision to declare a conflict of interest for the proposed General Plan Amendment #2006-00448 held on February 13, 2007, explaining that she had sat in the audience, however, listened to the comments and discussions taking place during the February 13'h hearing. A March 19th letter received from the Fair Political Practices Commission now determined there was no conflict of interest and Council Member Kring moved to approve Resolution No. 2007-038, of the City of Anaheim granting a rehearing requested by SunCal Companies in connection with General Plan Amendment No. 2006-00448 and Amendment No. 8 to the Anaheim Resort Specific Plan No. 92-2 and setting a future date at which the rehearing would occur, seconded by Council Member Hernandez. Council Member Galloway stated she would support rehearing the proposed plan amendment which contained an affordable housing component and felt it was important to have five voting council members to consider the issue rather than having a split vote. Council Member Kring remarked there was an affordability component, albeit only 15 percent, and she was looking forward to having the opportunity to ask questions of both sides. She also expressed concern that there was housing on the site which would be displaced and was disappointed that Disney Corporation was putting an initiative on the ballot relative to resort area development. Mayor Pringle pointed out the issue before Council in August of 2006 was should there be a mechanism by which there would be an incentive for hotel development by combining a residential element within the hotel project. At that point in time, four members of the council also wanted another option to move forward with an overlay that would allow for residential as long as 15 percent of that residential was affordable. He added no project had been approved, and Council March 20, 2007 -Page 16 adopted the general plan amendment and directed staff to move forward with creating a new overlay which would include an affordable housing component. He commented that overlay would be the topic scheduled for rehearing should Council approve this request and a hearing date would be set and the issue would be whether or not the zoning should be changed on a couple of parcels by Haster and Katella Avenue. Mayor Pringle added that he and Council Member Sidhu had earlier offered their hope for an opportunity to bring all sides together and come up with some type of compromise. Part of that compromise would not only allow SunCal and another developer to shave off a portion of their property where they could have residential whether it be 15 percent or 100 percent affordable, but also leave the portion of the property that touched the resort corridors and leave those portions for resort and hotel development. They had also mentioned creating an initiative to protect the resort area, to draw a line around the existing resort area and put it to a vote of the people to see if they would agree to protect the boundaries of the resort area from this point on. Council Member Sidhu suggesting holding the hearing on April 24t", and with no objections from Council, Mr. White stated the resolution approving the rehearing would be changed to include a hearing date of April 24'", if legally permissible, otherwise April 17`" would stand. Roll Call Vote: Ayes - 3; Council Members Galloway, Hernandez and Kring. Noes - 2: Mayor Pringle, Council Member Sidhu. Motion Carried. PUBLIC HEARING: 54. CEQA NEGATIVE DECLARATION C280 RECLASSIFICATION NO. 2006-00191 OWNER: Anaheim Redevelopment Agency P.O. Box 3222, Anaheim, CA 92803-3222 AGENT: Anaheim Redevelopment Agency, 201, Suite 1003, Anaheim, CA 92805 LOCATION: 1275-1287 East Lincoln Avenue: Property is approximately 4.3 acres having a frontage of 425 feet on the north side of Lincoln Avenue and is located 515 feet east of the centerline of East Street. City-initiated request for reclassification from the C-G (General Commercial) zone to the RM-4 (Multiple-Family Residential) zone or a less intense zone for amultiple-family project. ACTION TAKEN BY THE PLANNING COMMISSION: CEQA Negative Declaration approved Reclassification No. 2006-00191 granted unconditionally (PC2007-11) (Vote: 6-0, Commissioner Flores absent) Appealed by Sheri Morales on behalf of Zion Lutheran Church, School and Board of Directors. MOTION: H/G CEQA Finding: Negative Declaration RESOLUTION NO. 2007-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM finding and determining that the zoning map referred to in Title 18 of the Anaheim Municipal Code should be amended and that the boundaries of certain zones should be changed. March 20, 2007 -Page 17 ORDINANCE NO. 6054 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in title 18 of the Anaheim Municipal Code relating to Zoning (Reclassification No. 2006-00191). Sheri Vander Dussen, Planning Director, stated the 4.3 acre Choc site, was located on Lincoln Avenue, one block east of East Street and was occupied by four vacant commercial buildings. She explained on January 22, 2007, the Planning Commission approved aCity-initiated request to reclassify the property from general commercial to amulti-family residential zone to accommodate a future residential development. A minimum of 25 percent of the dwelling units would be affordable to low and very low income households. She stated the Planning Commission's decision was appealed by the owner of the Zion Lutheran Church property to the north of the site expressing concerns about the potential density of the residential development, the fact the development could include three to four story structures and that tenants would overlook a view of the church property. Church representatives were also concerned that an increase in pedestrian traffic could cause security issues for the church. Ms. Vander Dussen explained staff met with the appellant to address their concerns and informed the appellant the City would provide opportunities for them to express those concerns through community meetings during the design process. The appellant agreed to participate in the design review process but reiterated they would be opposed to a three to four story apartment complex because of the potential privacy, security and traffic impacts that could be caused by the development. The reclassification, stated Ms. Vander Dussen, would permit a maximum density of 36 dwelling units per acre and the density bonus law would also permit a maximum density bonus of 35 percent for affordable housing projects. Based on the increased density, Ms. Vander Dussen remarked, the 4.3 acre site could accommodate a maximum of 209 dwelling units, would permit the development of an apartment complex by right or single family attached homes subject to approval of a conditional use permit and a tentative map and would approve a maximum building height of 40 feet or three stories without a conditional use permit. She added this reclassification would further the goal to increase the City's housing stock and implement the City's housing element. Ms. Vander Dussen ended her presentation noting staff recommended Council uphold the Planning Commission's approval of the requested reclassification and introduce an ordinance finalizing the reclassification. Mayor Pringle opened the public hearing inviting comments. Roger Frick, Pastor, Zion Lutheran Church and Schools, expressed his concerns with the development, citing density, the potential height of the development which would overlook the church property and safety. He added his goal, if residential was permitted, was to have a lower density development. Mayor Pringle asked staff if there could be a restriction in terms of density of the project on the northern back wall since the church was concerned at having three or four stories directly above that back wall. Ms. Vander Dussen remarked the Redevelopment Agency had a long history of working with the community to try to address design concerns. Mayor Pringle asked if the City was creating the zone and then requesting housing developers to come in and propose a development for that site. Elisa Stipkovich, Community Development Director, stated staff was hoping to get the entitlements and to get the site ready for development and was preparing a Request for Proposal (RFP) to solicit developers who did not have a current site plan and then work with the community to develop a plan compatible with adjacent uses. Mayor Pringle asked if the height at the rear of the property could be restricted and Ms. Stipkovich responded that rather March 20, 2007 -Page 18 than set some standards now, she understood the issues and concerns and staff would work to minimize the impacts and be sensitive to those concerns. Richard Goldsmith, Elm Street resident, spoke in opposition to the reclassification believing it would be too dense for the area and three or more stories would not fit in with the surrounding character of the neighborhood. He recommended the Planning Commission request an environmental impact report related to density, overcrowding and school impacts. Irving Page, Adele Street resident, pointed out the impacts of population density on the quality of life in the community. His concern was traffic impact, public safety if more population density occurred and school impacts. Paul Cott, West Lincoln Avenue resident and member of Zion Lutheran Church, remarked the church had been situated in downtown Anaheim for over 100 years, and there had already been break-ins in the field and locker area from residents of surrounding apartments and he believed the high density would exacerbate an already existing problem. Brett Ninlow, Cypress Street resident, spoke in opposition to the project stating homeowners would have property values degraded when density was increased in surrounding neighborhoods. Mayor Pringle stated he wanted to make sure there was clear direction given to staff and that developers understood not only the need for sensitivity to the church regarding height but in having a setback more than was required. Council Member Galloway remarked this property was critical in achieving the goals of the Affordable Housing Strategic Plan (AHSP) and she believed the site was appropriate for higher density development. She understood the concerns expressed by the Zion Church but felt it was for the greater good of the community to go forward with this reclassification. Council Member Hernandez moved to approve the CEQA finding of Negative Declaration and to approve Resolution No. 2007-039, of the City of Anaheim finding and determining that the zoning map referred to in Title 18 of the Anaheim Municipal Code should be amended and that the boundaries of certain zones should be changed, and to introduce Ordinance No. 6054 amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification #2005-00191); seconded by Council Member Galloway. Roll Call vote: Ayes - 3; Mayor Pringle, Council Members: Galloway and Hernandez. Noes - 2: Council Members: Kring and Sidhu. Motion Carried. Mayor Pringle asked Ms. Stipkovich to take into account the comments expressed by Council particularly as they addressed the rear yard setback and to insure this information was placed in the RFP for developers to understand what this Council was willing to consider. Report on Closed Session Actions: None Council Communications: Council Member Hernandez reported on his recent trip to Washington, D.C. to attend the National League of California Cities Conference stating he had met with congressional representatives and aides from Senator Diane Feinstein's office regarding transportation, homeland security, and the Family Justice Center. In addition, he had attended the Fire Department's academy graduation March 20, 2007 -Page 19 which inducted six firefighter/paramedics and also promoted a number of new captains and engineers. Council Member Galloway announced she also attended the National League of Cities Conference and thanked staff for organizing the trip and making it successful by reaching lawmakers. Council Member Kring reported on her trip to Washington, D.C. for the League of California Cities Conference to lobby representatives for funds for ARTIC, the Family Justice Center as well as the Burris Pit. She remarked this property would establish a trail and provide recreational, and wildlife preservation. She announced the Great Clean Air Tree Planting event scheduled for Saturday, April 21, 2007 at 9:00 a.m. was made possible with a generous grant from the Air Quality Management District and volunteers were expected to plant about 200 trees around Sunkist and Mira Loma and that 400 volunteers with shovels were needed. Council Member Sidhu thanked all the firefighters and police officers from Southern California who helped during the recent Windy Ridge fires. He reported there were no major injuries and limited loss of property due to their efforts. Mayor Pringle thanked Council Member Sidhu for acknowledging the first responder public safety firefighters and police that assisted the City of Anaheim last week during the Windy Ridge fire. He thanked both chiefs for their quick response and the mutual aid cities which assisted. He also thanked John Nicoletti for representing the City of Anaheim so well. Mayor Pringle reported on the transportation bond funding appropriations coming to Anaheim remarking Orange County received $383 million of the bond proceeds for a number of improvements to the 91 Freeway which would directly benefit Anaheim. He also requested the City Attorney readdress the policy on filing of criminal charges against individuals who had sign or other civil violations stating one of those issues had been brought to his attention and he would like the opportunity to discuss the policy. Referencing the Disney initiative on the resort, Mayor Pringle pointed out there had been many times in which the public had responded to restrict the actions of council by modifying the charter and that the initiative process was not unique. Last year, he stated, Council put two ballot measures to a vote which limited the expansion of gambling in the City without a vote of the people and to restrict the use of eminent domain, both actions which restricted future councils. He added his name was not attached to the Disney initiative and he hoped over the next few weeks there would be an opportunity for compromise which would resolve all issues and protect the resort. He believed there was value in protecting the resort and indicated his name would be attached to an initiative that would protect the resort whether it was this one or another one in the weeks ahead if Council could not resolve these concerns. Adjournment: With no further business offered, Mayor Pringle adjourned the March 20th meeting at 8:44 P.M. Respec ully submitted, ~'~ nda Nguyen City Clerk