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2010/02/16ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF FEBRUARY 16, 2070 The meeting of February 16, 2010 was called to order at 3:00 P.M and adjourned to 3:30 P.M. for lack of a quorum. Mayor Pringle called to order the regular adjourned meeting of February 16, 2010 at 3:36 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on February 12, 2010 on the kiosk outside City Hall. PRESENT: Mayor Curt Pringle and Council Members: Lord Galloway, Bob Hernandez, Lucille Kring and Harry Sidhu. STAFF PRESENT: City Manager Tom Wood, City Attorney Cristina Talley, and Deputy City Clerk Theresa Bass YOUTH DEVELOPMENT PROGRAM WORKSHOP: Director Terry Lowe introduced Joe Perez, Community Service Department's authority in youth leadership development. Joe Perez explained Project SAY (Support Anaheim Youth) had been in existence since the 90's built on a framework of youth development which promoted competency and skills acquisition in five areas of development: cognitive, social, emotional, health and civic responsibility. This program assisted young people in growing competencies that helped them become responsible and caring adult as well as contributing members of the community. Staff worked together with Anaheim Union High School District personnel at 10 campuses with each of those outreach specialists assigned a service sector to help youths 13 to 17 years of age. A typical Project Say staff member, he explained, received youth referrals from school administrators, counselors, safety officers and teachers for a variety of reasons that included behavioral problems, academic failure, school attendance issues, school dropout and general lack of motivation to attend class. Once referred, staff immediately worked with youths individually and in small groups to provide professional counseling, conflict resolution and mediation to resolve short term problems. A key piece in this strategy, he emphasized, was to invite parents to be part of the solution by attending parenting skills workshops in order to support Project Say's efforts with their children. The program offered parents awareness presentations on topics such as gangs, drugs, graffiti and school motivation and strives to stabilize each young person's home, school and social environment in order to address the negative behavior that was the reason for their initial referral to the program. He added the approach was holistic and used the positive aspect of each individual person to address the negative issues. Project SAY staff were case managers, intervention specialists, educators and mentors. Once individuals had stabilized home and social environments, another component of this program, he explained, was to challenge individuals to take part in leadership skills development through an academy crafted by Project Say. The academy was a five session curriculum focusing on improvement in specific areas that included leadership, communication, problem solving, team building, and project planning. At the end of the Council Minutes of February 16, 2010 Page 2 of 10 five week course, youths celebrated their accomplishments by participating in a local community service project or special event. He added, having completed the academy, individuals were further challenged to participate in school and community site youth leadership councils, taking the knowledge they gained through the academy and applying it directly to projects in their immediate community. Over the past several years, Mr. Perez pointed out, Project SAY leadership councils were responsible for planning and implementing a wide variety of activities and projects such as college carnivals, teen dances and statewide youth leadership conferences. He added this program now had more impetus in youth leadership development through the establishment of the Chief of Police's Anaheim Youth Advisory Council (AYAC), established in 2006 by Chief Welter as a method for youths to be involved and directly advise him on issues facing the City. Members were selected and nominated by school district personnel and youth program providers. Currently the Anaheim Youth Advisory Council was comprised of 18 members from five different high schools, holding monthly meetings at the Police Department where members plan, develop and implement activities based on a general theme or trend. For 2010, the focus was an anti -graffiti effort. AYAC members have set out to educate youths on the consequences of engaging in graffiti and graffiti related crime and helped create an anti graffiti curriculum targeting fourth through sixth grade students enrolled in various after school programs. The key strategy was to reach youth at a young age and educate them on the dangers and consequences of participating in this criminal activity with education taking place through the use of recreational games, group discussion activities and hands on projects. Mr. Perez ended his presentation stating Project SAY did not work alone and had a long list of collaborative partners to educate and empower Anaheim's youth. The partners helped provide academic tutoring, youth employment options, career exploration and community service. This collaboration was the key to success so far and Mr. Perez believed that given the opportunity, every young person had the ability to attain that goal. Council Member Galloway requested funding information and Mr. Perez responded the program's annual budget was $750,000 funded through the City's general fund and a portion through the Anaheim Community Foundation of approximately $20,000 to $25,000. There were seven full-time staff assigned to service sectors with each one having a caseload of one junior high and one high school or about 4,000 students per outreach worker. He pointed out staff worked closely with the school counseling departments and high school administrators and performed follow-up visits with students at least once per week. Mr. Lopez commented that many of the participants in Project Say returned as volunteers and shared their experiences. Council Member Hernandez thanked Joe Perez for the briefing stating it was enlightening and encouraging and that he was impressed with the breadth and the scope of the program and recognized its value to the Anaheim community. ANAHEIM CITIZEN CORPS (ACC) WORKSHOP: Ellen Lopez, Office of Disaster Preparedness, provided an overview of the Citizen Corps program. The organization was registered with FEMA and the Department of Homeland Security and there was also an ACC representative who attended the Orange County Council Minutes of February 16, 2010 Page 3 of 10 Citizen California Corps Council where regional funding decisions were made. She noted there were three City departments heavily invested in the Corps: Community Services, Police and Fire Departments. FIRE DEPARMENT SERVICES: Ms. Lopez remarked ACC provided administrative support to various Fire Department offices, and had been previously identified as Fire Reserves. They supported training at North Net and also to the CERT program and were available to help with any type of assistance needed such as wildland vegetation removal and the annual toy drive. Training classes were required in courses offering emergency preparedness, terrorism prevention, medical first aid, fire suppression, search and rescue and disaster psychology. These volunteers, she pointed out, were available to provide support during major and minor disasters and currently, she stated, there were over 2,800 volunteers that took part in the CERT program. Activities included participating in the Orange County CERT mutual aid program and just recently providing support to Seal Beach during the January rains which caused local flooding. They also provided support during the 2008 freeway complex fire and the 2007 Santiago fire. Additionally, there were now 13 caches of emergency equipment located throughout the Anaheim community, overseen by team captains for use during emergencies. POLICE DEPARTMENT SERVICES: The Police Service program was developed by the U.S. Department of Justice in partnership with the National Association of Chiefs of Police, with the goal of augmenting law enforcement and providing more police visibility in the community. Ms. Lopez explained volunteer members of radio amateur civil emergency services, (RACES), were licensed amateur radio operators who donated time and expertise to insure emergency communications were available if needed. These volunteers continue to conduct Monday Night Net, and established communications with City school districts and also with Anaheim Hospitals. The volunteers also outfitted an emergency communications trailer and through homeland security funds and other grants, augmented other related projects. NEIGHBORHOOD WATCH: Another volunteer program, Ms. Lopez remarked, was the neighborhood watch, a highly successful crime prevention effort that the National Sheriffs Association sponsored for 30 years. This program now incorporated terrorism prevention and education into its training as well as educating the community on crime prevention. COMMUNITY SERVICES DEPARTMENT: She reported the Community Services Department had a long-standing tradition of volunteerism with a large number of volunteers helping at the libraries, Oak Canyon Nature Center and Day Camp, the Senior Meals on Wheels program and many other special events. She emphasized all of these combined volunteers made it possible to offer a variety of opportunities to residents donating over 85,900 hours in total in 2009, valued at approximately $1.75 million. Operational funding was received through Homeland Security grants and also from the Anaheim Community Foundation. Ms. Lopez ended her presentation with the goals for 2010 which included identifying and tracking resource programs by developing a volunteer data base and expanding that data base to include all volunteer programs. The ACC program would continue to seek grant funding, develop a training and management plan to support the volunteer effort as Council Minutes of February 16, 2010 Page 4 of 10 well as develop a training log for convergent volunteers and identifying specific skill sets within the volunteer groups to ensure appropriate personnel were dispatched to the right site or needs. Council Member Hernandez remarked that when natural disasters occurred, the tremendous effort on the part of the public to mitigate problems may not be evident. He added this program was an invaluable tool and should be fostered and continue to grow to serve the needs of the community. He spoke of his involvement in the organization as a former member of the Anaheim Fire Department, and encouraged continuation of this program by current and future council members. Council Member Kring expressed her thanks to all the volunteers for those invaluable hours donated to the City. Council Member Galloway requested budget information with Ms. Lopez responding that $250,000 had been allocated this year for the purchase of various equipment for CERT programs noting that a small portion of funding had been donated by the Anaheim Foundation. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEM: None At 4:16 P.M., City Council recessed to closed session for consideration of the following item: 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 Council session reconvened at 5:00 P.M. Invocation: Pastor Ken Kalina, First Presbyterian Church of Anaheim Flan Salute: Council Member Lord Galloway Presentation: Recognizing Manny Jalandoni on his service to the community Council Member Galloway announced she was honored to have known and worked with Manny Jalandoni and that it was a pleasure to present this declaration to Cecile Jalandoni in his memory. Recognizing the winners of the Anaheim Employee Apps Challenge Mayor Pringle recognized five employees for their winning Apps submittals: Marco Lucero, a Pet Finder app, Heather Edmondson, an Anaheim Resort Transit app, Katie Silberman, an Instant Crime Statistics app, Martha Billingsley, a Garage Sale Finder app and Dayana Roman de Brea, a Community Services Class Alert app Council Minutes of February 16, 2010 Page 5 of 10 ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items except public hearing): Pastor Ken Kalina announced it was the First Presbyterian Church's 140"' anniversary celebration, inviting Council to attend a luncheon marking that event on March 7"'. He added this was the first protestant church in the City and the oldest in Orange County. Steve Lemler alerted the community on Orange County 2-1-1, a system to provide a comprehensive information and referral system linking Orange County residents to community health and human services and supported 24/7 in over 150 languages. He added individuals could now find necessary and readily available social services to meet their needs through the 2-1-1 calling system. Mayor Pringle responded immediate emergencies continued to be addressed by calling 911 and adding that the City of Anaheim also offered a City information resource line through its 311 calling system. Karen Whelan objected to vehicles pulling into the bus zone to discharge Disneyland employees, citing safety concerns for bus riders. Linda Lee Grau urged support for Citizens for California Reform for a part-time citizen legislature meeting three months during a calendar year rather than the existing system. Ms. Grau submitted written comments. Paul Hike, addressed comments to Item No. 17, stating Orange County Arc did not pay clients enough money and the Family Connection facility in Orange County did not supervise subcontractors providing housing units not up to code. Francis Nutto, referencing an article in the Orange County Register concerning a local shop owner to be fined by Anaheim Code Enforcement Division for graffiti on a store window, opposed the City's actions. Mayor Pringle responded Anaheim acted upon graffiti vandalism seriously and had budgeted $500,000 to $750,000 this fiscal year for its removal in addition to going after those committing graffiti crimes. He pointed out there was also an ordinance in place requiring private property owners to remove graffiti, since the City was not legally authorized to access private property and it was felt to be an important principle to remove graffiti as quickly as possible. He added staff was aware of this property owner's circumstances and would review the situation, however, he would continue to support this ordinance. James Robert Reade, resident, expressed his dissatisfaction with an Internal Affairs response letter regarding his October 2009 complaint. CONSENT CALENDAR: CONSENT CALENDAR: Council Member Hernandez pulled Item Nos. 3, 7 and 14 from the consent calendar for further discussion. Council Member Sidhu then moved to waive reading in full of all ordinances and resolutions and to adopt 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. Council Minutes of February 16, 2010 Page 6 of 10 Roll call vote: Ayes - 4; Mayor Pringle, Council Members: Hernandez, Kring and Sidhu. Noes - 0. Absence — 1: Council Member Galloway. Motion Carried 1. Receive and file the minutes of the Golf Commission meeting of December 3, B105 2009. 2. Approve the Investment Portfolio Report for January 2010. D117 4. Determine, on the basis of the evidence submitted by Lennar Platinum Triangle D159 Partners, LLC, that the property owner has complied in good faith with the terms and conditions of Development Agreement No. 2005-00008 for the 2009-2010 review period for the A -Town Metro project in the Platinum Triangle. 5. Determine, on the basis of the evidence submitted by Platinum Triangle Partners, D159 LLC, that the property owner has complied in good faith with the terms and conditions of Development Agreement No. 2006-00002 for the 2009-2010 review period for the A -Town Stadium project in the Platinum Triangle. 6. Ratify a change notice to the purchase order with ABB, Inc., c/o Pacific Utilities D180 Supply Company, increasing the order amount by $6,864, to complete the repair of a 220 kV circuit breaker at the Lewis Substation for the Public Utilities Department. 8. Accept the low bid of CM Distributors, Inc., in an amount not to exceed $147,000, D180 for the as -needed purchase of Cohu traffic monitoring cameras for a one-year period with four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #7342. 9. Approve and authorize the Purchasing Agent to execute the Second Amendment 2882 C 2 to Agreement with Fujitec America, Inc., in an amount not to exceed $60,000, extending the agreement for up to three months for elevator and escalator maintenance services at the Convention Center. 10. Approve an agreement with Walt Disney Parks and Resorts USA, Inc., for the 6124 Pavement Impact Mitigation improvements related to Disney's California Adventure theme park expansion truck traffic. 11. Approve the Mitigated Negative Declaration and associated Mitigation Monitoring 612-3 Plan and the Consent and Reciprocal Access Agreement with Gentry Golf, Inc., 3377.II for the Burris Basin project. 12. Approve and authorize the Director of Community Services to administer the 3974.I Assignment and Assumption Agreement with ProLink Solutions, LLC and GPS Solutions, LLC for the maintenance of the GPS system at Anaheim Hills Golf Course. 13. Approve and authorize the Public Utilities General Manager to execute the 5967.I Assignment and Assumption Agreement, and related documents, with Pouk & Steinle, Inc. and International Line Builders, Inc., consenting to the assignment of an existing electrical design -build agreement with Pouk & Steinle, Inc., to Council Minutes of February 16, 2010 Page 7 of 10 International Line Builders, Inc., for the Underground District Nos. 51/56 Lincoln/Magnolia project. 15. Approve and authorize the Public Utilities General Manager to execute the 5610.2 Second Amendment to Agreement with Power MC LLC, in the amount of $250,000, to assist the Public Utilities Department in managing the implementation and integration of the enhancement to the Energy Trading and Risk Management Solution and authorize the necessary actions to implement the agreement. 16. ORDINANCE NO. 6195 (ADOPTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM adding new section 18.38.135 to Chapter 18.38 of Title 18 of the Anaheim Municipal Code relating to Festival Permits (Zoning Code Amendment No. 2009-00087; Introduced at Council meeting of February 9, 2010, Item No. 14). END OF CONSENT: 3. Authorize staff to negotiate the terms of a Recovery Zone Facility Bond issuance D155 with Northgate Gonzalez, LLC and to submit an application to the County of Orange seeking an additional allocation of Recovery Zone Facility Bonds. Elisa Stipkovich, Community Development Director, announced this item was a request by staff to authorize selection of proposed Recovery Zone Bonds that were allocated to the City of Anaheim and authorize staff to apply for additional funding to the County of Orange requesting $10.2 million of their $40 million Recovery Zone Bond allocations. If those bonds were received, added to the $9.8 million allocated to Anaheim, the City would issue a $20 million bond on behalf of Northgate Gonzalez. This, she stated, was conduit financing whereby the City or some entity of the City would issue the bonds, however, the City would not be a lender or borrower in the transaction which would allow the developer to take advantage of federal stimulus dollars. She emphasized there was no risk to the City. Council Member Hernandez indicated he wanted to bring this effort to the attention of the public to publicize the City's efforts in promoting both short and long-term jobs in Anaheim that would generate 250 new full time jobs and approximately 130 construction jobs. Mayor Pringle concurred, stating it was important that Anaheim take advantage of these opportunities generated by federal stimulus funds. Council Member Hernandez moved to approve Item No. 3, seconded by Council Member Galloway. Roll Call vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0. Motion Carried. 7. Award the contract to the lowest responsible bidder, KEC Engineering, in the 6123 amount of $1,720,719, for the West Anaheim Thornton Avenue/Brady Avenue Strom Drainage Improvement and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Council Member Hernandez remarked the Thornton Brady neighborhood had been seeking help with flooding caused by heavy rainstorms and this $1.7 million Council Minutes of February 16, 2010 Page 8 of 10 improvement to the neighborhood storm drain would soon be underway. Natalie Meeks, Public Works Director, remarked construction would begin within the next 60 days to be completed before the next rainy season. Council Member Hernandez moved to approve Item No. 3, seconded by Council Member Kring. Roll Call vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0. Motion Carried. 14. Approve and authorize the Public Utilities General Manager to execute an 6126 agreement with WaterWise Consulting, Inc., in the amount of $115,200, to conduct large landscape water use surveys for customers for a three year term, with the option of two one-year extensions and authorize the necessary actions to implement the agreement. Marcie Edwards, Public Utilities General Manager, reported an agreement for large landscape water use surveys would assist in the City's water conservation efforts. Even with the amount of rainfall received this year, stated Ms. Edwards, there were still constraints on delivery of water to southern California. She pointed out typically landscape water was the area with the most waste and homeowners associations (HOA) systems would be examined along with their watering practices and improvements would be recommended to the HOA's as well as information on rebates. In answer to Council Member Hernandez's questions, Ms. Edwards indicated marketing would be done through local television, mailers and a quarterly newsletter. Direct mail to large water users would be done as well. Council Member Kring requested staff work with CALTRANS regarding turning off irrigation systems during rainstorms. Mayor Pringle suggested the City pay for watering sensors, especially in areas where the City paid for landscaping on CALTRANS property to maintain the City's investment. Council Member Hernandez moved to approve Item No. 14, seconded by Council Member Galloway. Roll Call vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0. Motion Carried. PUBLIC HEARING: 17. This is a public hearing to consider two resolutions that approves Associate 6136 Membership by the City in the California Enterprise Development Authority and approves the issuance of tax-exempt bonds by the California Enterprise Development Authority, in an amount not to exceed $3,200,000, for the refinancing of a facility for the benefit of the Orange County ARC (225 W. Carl Karcher Way). RESOLUTION NO. 2010-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Associate Membership by the City in the California Enterprise Development Authority and authorizing the execution of an Associate Membership Agreement between the California Enterprise Development Authority and the City of Anaheim. Council Minutes of February 16, 2010 Page 9 of 10 RESOLUTION NO. 2010-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the issuance by California Enterprise Development Authority of not to exceed $3,200,000 aggregate principal amount of the Authority's revenue obligations for the purpose of refinancing the cost of acquisition, rehabilitation, reequipping and furnishing of facilities for the benefit of Orange County ARC, providing the terms and conditions for such obligations and other matters relating thereto herein specified. Sherry Vander Dussen, Planning Director, reported this item was approval of tax exempt bond financing for Orange County ARC (OC ARC) a non profit service organization based in Anaheim which provided work opportunities and arranged assistance programs for developmentally disabled adults in north Orange County. Approving the issuance of tax exempt bonds, she pointed out, did not obligate the City to repay the bonds or guarantee the financing and there was no risk to the City. OC ARC provided service for developmentally disabled adults ranging in age from 19 to 90 and currently served 700 residents of north and central Orange County with 450 clients receiving services at Anaheim facilities. She indicated bond financing would not exceed $3.2 million and loan funds would be used to refinance the existing debt on the main offices on West Carl Karcher Way. Most of this building, she added, was used to provide work opportunities to clients who assembled and packaged products for major companies such as Kimberly Clark and Body Glove. Other services provided included classes and help with independent living and leisure activities. She remarked authorizing the issuance of bonds did not have a financial impact on the City and staff recommended the City become a member of California Enterprise Development Authority and authorize issuance of bonds in an amount not to exceed $3.2 million. Mayor Pringle opened the public hearing for comment and receiving none, closed the hearing. Council Member Kring moved to approve RESOLUTION NO. 2010-026 OF THE CITY OF ANAHEIM approving Associate Membership by the City in the California Enterprise Development Authority and authorizing the execution of an Associate Membership Agreement between the California Enterprise Development Authority and the City; and to approve RESOLUTION NO. 2010-027 OF THE CITY OF ANAHEIM approving the issuance by California Enterprise Development Authority of not to exceed $3,200,000 aggregate principal amount of the authority's revenue obligations for the purpose of refinancing the cost of acquisition, rehabilitation, reequipping and furnishing of facilities for the benefit of Orange County ARC, providing the terms and conditions for such obligations and other matters relating thereto; seconded by Council Member Kring. Roll Call Vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0. Motion Carried. REPORT ON CLOSED SESSION ACTION: None COUNCIL COMMUNICATIONS: Council Member Galloway was excused from the meeting at 6:03 P.M. Council Member Hernandez reported on the passing of his friend and former co-worker, Paul Shepherd, retired Police Officer. Council Member Hernandez remarked on the Council Minutes of February 16, 2010 Page 10 of 10 importance of participating in the 2010 Census by Anaheim residents. He also announced the All-Star baseball game scheduled for July 13, 2010 in Anaheim. Council Member Kring congratulated the four Anaheim Elementary Schools receiving the 2010 Title I Academic Achievement Award. She announced the Anaheim Ducks had received the Faraday Communicator Award and that an affordable housing lease opportunity is currently available for the Pradera Apartment Homes. She also asked staff to look into identifying the Brookhurst Community Center as a senior center facility. Mayor Pro Tem Sidhu reported attending the "Frogs of Color" exhibit at the Muzeo. He also addressed the California Inmate Early Release program, requesting staff to provide a report on its impact to the City and that a task force be created to address this issue. Mayor Pringle reported that both he and Council Member Hernandez attended the Servite High School football team celebration for their State Championship. He asked staff to formally recognize Servite at a future council meeting and explore reinstating the Mayor's Cup. Mayor Pringle also reported attending the "Frogs" exhibit at the Muzeo. ADJOURNMENT: At 6:21 P.M., with the consent of Council, Mayor Pringle adjourned the February 16, 2010 Council meeting. Respectfully submitted, eresa Bass, Deputy -City