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2010/04/27ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF APRIL 27, 2010 The meeting of April 27, 2010 was called to order at 3:00 P.M and adjourned to 4:00 P.M. for lack of a quorum. Mayor Pringle called to order the regular adjourned meeting of April 27, 2010 at 4:05 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on April 23, 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 City Clerk Linda Andal ECONOMIC DEVELOPOMENT PLAN FOR THE CANYON WORKSHOP: Sherri Vander Dussen, Planning Director, offered recommendations for the economic development strategy for the Canyon Business Center. She explained the Canyon originally developed as a hub of the aerospace and defense industry with the City providing resources from initial infrastructure for early development to building rehabilitation loans during the aerospace downsizing in the 1990's. The Canyon was transitioning again as defense industry declined and companies such as KP, WCP and Panattoni invested in the area and developed new facilities. She noted the Canyon was a key component of Anaheim's economic base, providing quality employment opportunities that typically paid good wages and offered full time jobs. When considering how to implement a strategy for the Canyon, Ms. Vander Dussen reported the Department's goal was to identify meaningful ways for the City to support the current transition and to help retain and attract businesses. Stakeholders in the area were invited to meet and share their impressions, ideas, problems, needs, and suggestions. Representatives from existing businesses, developers, property owners, real estate brokers, and the Chamber of Commerce agreed to serve on an advisory committee that would help insure efforts and investments be relevant and effective. To that end, the advisory committee endorsed guiding principles. Rather than focus efforts on attracting a specific industry, a plan was developed to create an environment in which businesses could grow and meet changing demands. As an example, Ms. Vander Dussen stated, there were existing businesses transitioning from aerospace to other types of manufacturing as well as others interested in adopting new, more efficient methods. She added it was important to reduce or eliminate regulations that made it difficult to make changes. Other areas of interest would be to expand job training programs offered by the City to include upgrading skills of existing employees with the intent to allow an organic evolution of uses and to facilitate business growth. She noted steps that might support these efforts included proactive changes to City regulations, construction of new infrastructure, modifications to existing practices and enhancing City services in the Canyon area. The cornerstone of the strategy, she pointed out, was a close collaborative partnership of major investors and stakeholders in the Canyon. Council Meeting Minutes of April 27, 2010 Page 2 of 9 The advisory group would provide feedback on ideas for new programs and policies and contribute their own ideas on what the City could do to support their efforts. It was believed that participation would insure the programs and polices adopted would make a difference and directly benefit the businesses in the Canyon. This has already happened, she pointed out, when a new policy easing the ability for businesses to get approval to install new machinery and equipment was established as a result of feedback from one member of the group. She noted there was a significant amount of investment currently happening or planned within a mile of the train station at La Palma and Tustin which was one of the most active areas in the Canyon offering the most opportunities to attract new businesses and to make changes to the physical infrastructure. Because the Canyon area was large in size with more than 1,600 businesses, the City believed it could be most effective by focusing efforts on the core area. This already resulted in the Agency entering into discussions related to potential partnerships to develop two projects in this area. She recognized the high cost of doing business in California was a competitive disadvantage and for that reason, it was important that any programs or policies adopted did not have an unintended adverse affect on businesses and property rights. She noted members of the advisory group were especially interested in working to discover ways to invest the City's resources to add value to their private investments. As an example, she pointed out, the City might be able to create a situation in which a developer could build a LEED silver building in Anaheim for the same cost as the standard LEED certified building in another community. She added that any programs implemented should be based on the area's competitive advantages; its location, the low utility rates associated with Anaheim utilities, and the City's reputation for innovation and being business friendly. Members of the advisory group had pointed out the Canyon competed with business parks in the western cities of the inland empire especially Chino and Corona that offered brand new business parks with real estate costs typically 40 percent lower than Anaheim's. To differentiate the Canyon, it was proposed to promote the area as a green district or a green zone with a comprehensive package of programs and policies to encourage development of a unique eco- friendly business area. This new identity would make the Canyon attractive to eco- sensitive companies, entrepreneurs and corporations eager to adopt green principles. She also explained the advisory group made staff aware that the older appearance of the area and the shortage of nearby amenities were negatives compared to new industrial areas that typically offered more lushly landscaped areas, deeper setbacks, high image buildings and more amenities such as restaurants. These concerns, she reported, could help guide City investments in infrastructure and other development. The next step was to develop a work program, including timelines to respond to the principles that were outlined. The work program would be distributed by the end of June as an informational item to Council with any changes to the zoning code or partnerships with Redevelopment Agency requiring Council action. Staff intended to keep Council apprised of any success stories or achievement of key milestones with the advisory group. She believed input from the advisory group would be invaluable in helping to allocate resources, set priorities and make a difference. Mayor Pringle concurred in not directing efforts toward recruiting one industry over another and to offering a welcoming business environment. He was also supportive of the concept of creating a green zone over the Canyon where the City encouraged sustainable businesses and practices. He remarked Kaiser Permanente was a good Council Meeting Minutes of April 27, 2010 Page 3 of 9 example of that effort. He encouraged rental bike sites where people could use bikes and drop them off at different locations within the City, such as the train station or places in the resort area. Park Viridian, he pointed out, was another example of the City providing tools to the private sector that took advantage of them for an overall public benefit. Council Member Sidhu asked whether anything had been overlooked as incentives to new businesses. Ms. Vander Dussen responded one of the ideas staff wanted to explore with the advisory group were strategies that would emphasize the eco- friendly nature and perhaps provide reduced fees for businesses that are consistent with certain green criteria. She added any modifications to fees would come before Council for consideration. City Manager Tom Wood interjected he was impressed with the advisory group's recommendation to include the Canyon as a destination for Orange County businesses. He added the location was at the epicenter of Southern California, there were nominal electric rates and properties which lend themselves to great development. He believed this was a good time to use Anaheim's marketing tools to increase jobs within the Canyon and to support its largest investors. Council Member Sidhu inquired about the vacancy rate with Ms. Vander Dussen responding that the availability rate was around ten percent, consistent throughout the county. Council Member Galloway encouraged restaurant development, not only for business employees and patrons, but for use during the evening by residents and visitors, making the Canyon area more attractive to new businesses. Council Member Sidhu suggested additional banquet halls should be considered. ADDITIONS /DELETIONS TO CLOSED SESSION: None City Council adjourned to closed session for the following items: CLOSED SESSION ITEMS: 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. At 5:05 P.M., Council session reconvened. Invocation: Pastor Ed Bartel, Sunkist Community Church Flaa Salute: Council Member Lord Galloway The Redevelopment Agency was called to order in conjunction with the City Council session for a joint public comment session. ADDITIONS /DELETIONS TO THE AGENDA: Presentation for a later date recognizing the recipients of the Anaheim Chamber of Commerce Women's Division Annie Accolade Awards Council Meeting Minutes of April 27, 2010 Page 4 of 9 PUBLIC COMMENTS (all agenda items): John Nguyen, Sister City Commission, provided Council with an update for the newly established organization. A new mission statement was created, goals had been established and the Commission was setting up a process whereby existing relationships would be evaluated. He added the Commission was working on creating a new logo for branding the program as well as a new website. He added the prior Sister City Association had remitted $10,000 to the Commission and would provide the remaining balance once dissolution of the Association was completed. William Fitzgerald, resident, offered comments in opposition of high speed rail. Michael Baker, Boys and Girls Club, thanked Council for CDBG grant funds received in the past and for their continuing support of his organization. Dustin Manhart, Community SeniorServe, thanked Council for their continued support of home delivered meals to seniors. He indicated there had been a 20 percent growth in these programs last year due to the economy. Jan Velasquez also thanked Council for continued support of the senior lunch program which offered 100 Anaheim seniors hot meals at three locations within the community. Lahoma Sneider, Council on Aging, thanked Council for providing CDBG grant funds to the Council on Aging. She updated Council on recent activities handled by her organization and the facilities within Anaheim. Nahlia Kayali, Access California, thanked Council for supporting this family resource center. She indicated a wide variety of programs were provided by Access California, including health care, client advocacy, education, financial assistance, youth activities, immigration and employment services, tax preparation, mental health and counseling. With all of these services offered and a client base that had increased more than 50 percent, Ms. Kayali requested Council consider additional funding for the organization. Jeannie Flint, Women Helping Women, thanked Council for considering funding her organization for the first time. She explained this was a non - profit employment support program in partnership with the Anaheim Work Force Center, and once participants received job preparation and skills training, her organization provided them with appropriate interview clothing, image consulting and financial literacy workshops. She again thanked Council for including Women Helping Women in their grant subsidy program. Judy Dickenson, Acacia Adult Day Services, expressed gratitude at partnering with the City of Anaheim. The past year, she stated, Acacia serviced 24 Anaheim residents and added a new transportation system to their program. Bob Currie, Community Services Board, explained the parameters the Board utilized to determine funding allocations to non - profit agency grant submittals. The past few years, the Board tried to split the allocations equally between three major categories: disadvantaged youths, frail and elderly senior citizens and low income families. This year the Board put particular emphasis on critical economic concerns: food, employment and stabilizing families. Mayor Pringle asked how those parameters affected this year's recommendations. Mr. Currie responded there were two new non- profit organizations included this year as a result of the new parameters, Women Council Meeting Minutes of April 27, 2010 Page 5 of 9 Helping Women and Mariposa Women and Family Center. Women Helping Women was an employment related service and Mariposa provided counseling services for women and children in need. Mayor Pringle remarked a portion of these CDBG funds were provided to cities with some funding coming from the federal government and allowing for distribution to non- profit groups that provided services and support to targeted populations. He thanked the Community Service Board members for their efforts in distributing CDBG funds and living within a narrow funding allocation. James Robert Reade, resident, read a portion of his police report. CONSENT CALENDAR: Council Member Kring removed Item No. 18 from the consent calendar for further discussion. Council Member Sidhu 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 Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Hernandez, Galloway, Kring and Sidhu. Noes - 0. Motion Carried 3. Receive and file minutes of the Community Services Board meetings of January B105 14, 2010, February 11, 2010 and March 11, 2010; Senior Citizens Commission meetings of December 10, 2009, February 11, 2010 and March 11, 2010; Cultural and Heritage Commission meetings of January 21, 2010 and February 18, 2010; Parks and Recreation Commission meeting of February 24, 2010; and Public Library Board meeting of March 8, 2010. 4. Approve Investment Portfolio Report for March 2010. D117 5. Appoint Margaret Ettenheim to the Anaheim Workforce Investment Board, B105 representing business, to a four -year term ending April 26, 2014. 6. Award the contract to the lowest responsible bidder, Vasilj, Inc., in the amount of 6187 $1,299,982.50, for the Citywide Sanitary Sewer System Repair and Rehabilitation Program, Group 2 of Phase II, and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 7. Accept the low bid of Badger Meter, Inc., in an amount not to exceed $394,143, D180 including freight and tax, for Advanced Metering Infrastructure water meters and related components for the Public Utilities Department, as required, 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 #7358. Waive the sealed bid requirement of Council Policy 4.0 and approve a purchase from Badger Meter, Inc., in an amount not to exceed $241,000, including tax and freight, for Orion Universal 1 Transmitters, as required, for a one -year period. 8. Waive the sealed bid requirement of Council Policy 4.0 and authorize the D180 Purchasing Agent to issue a master agreement to UTC Power Corporation, in an amount not to exceed $45,500, for fuel cell system maintenance and monitoring services for a one -year period with up to four one -year optional renewals and Council Meeting Minutes of April 27, 2010 Page 6 of 9 authorize the Public Utilities General Manager to execute and to take the necessary actions to implement the service agreement. 9. Approve Amendment No. 1 to Cooperative Agreement C -8 -0855 with the Orange 5407.1 County Transportation Authority extending the agreement by twenty months to August 31, 2012 for the Rail- Highway Grade Crossing Safety Enhancement project and safety measures related to quiet zone implementation. 10. Approve a Right -of -Entry Agreement with Marian Gautreau for property located 6188 at 803 South Knott Avenue for the Knott Avenue Sidewalk Improvement project. 11. Approve a Right -of -Entry Agreement with Societe Generale Financial 6189 Corporation and L -3 Communications Corporation for property located at 707 East Vermont Avenue for the Rail- Highway Grade Crossing Safety Enhancement project (R/W ACQ 2010 - 00339). 12. Approve an engineering services agreement with RBF Consulting, in an amount 6190 not to exceed $365,000, for the design of the Citywide Sanitary Sewer Improvement Program /Projects - Group 5 ( Romneya Drive from 320 -feet west of State College Boulevard to East Street and on Acacia Street from Burton Street to Romneya Drive). 13. Approve an engineering services agreement with Lee & Ro, Inc., in an amount 6191 not to exceed $190,000, for the design of the Citywide Sanitary Sewer Improvement Program /Projects - Group 5 (Westport Drive, Reseda Street and South Street). 14. Approve an engineering services agreement with CH2MHILL, in an amount not 6192 to exceed $445,000, for the design of the Citywide Sanitary Sewer Improvement Program /Projects - Group 5 (Rio Vista Street, Jackson Avenue and La Palma Avenue). 15. Approve an engineering services agreement with Harris & Associates, Inc., in an 6193 amount not to exceed $190,000, for the design of the Citywide Sanitary Sewer Improvement Program /Projects - Group 5 (Cerritos Avenue from Gilbert Street to Brookhurst Street). 16. Approve an agreement with Lewis R. and Judith E. Schmid Family Trust for a 6194 commercial center located at 2600 East Katella Avenue and 1730 South Douglas Road for the Anaheim Regional Transportation Intermodal Center project and authorize the lease payments, in compliance with the agreement, for a monthly payment of $7,935. 17. Approve the Fourth Amendment to Agreement with the Orange County Fire 1784.4 Authority allowing the Anaheim Fire Department to provide service to a small unincorporated area in southwest Anaheim (Garza Strip). 19. Approve and authorize the Community Services Director to execute the Second 4708.2 Amended and Restated Cooperation Agreement with the Redevelopment Agency specifying the cost sharing structure for the design and construction of a public park located at 501 E. Water Street (Related to Agency Item No. 01). Council Meeting Minutes of April 27, 2010 Page 7 of 9 20. RESOLUTION NO. 2010 -044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Public Utilities General Manager or 6195 her designee to accept on behalf of the City of Anaheim an Energy Efficiency and Conservation Block Grant from the Department of Energy for various energy conservation projects, execute all required documents, including the Assistance Agreement, and take such actions in furtherance of the grant, and amending the budget for fiscal year 2009 -10 accordingly. 21. RESOLUTION NO. 2010 -045 A RESOLUTION OF THE CITY COUNCIL Pilo OF THE CITY OF ANAHEIM vacating three public utility easements located at 1761 West Katella Avenue pursuant to California Streets and Highway Code Section 8330, Et Seq. - Summary Vacation (Abandonment No. ABA 2010- 00182). 22. ORDINANCE NO. 6168 (ADOPTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM amending Chapter 18.46 of Title 18 of the Anaheim Municipal Code pertaining to landscaping and screening (Zoning Code Amendment No. 2009- 00086; anti - graffiti landscaping measures; Introduced at Council meeting of April 13, 2010, Item No. 24). 23. ORDINANCE NO. 6169 (ADOPTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM amending various sections of Title 18 of the Anaheim Municipal Code (Zoning Code Amendment No. 2010 - 00088; front yard fence heights in the RH -1 zone, entitlement termination procedures, and noise standards for air conditioning and pool equipment; Introduced at Council meeting of April 13, 2010, Item No. 25). 24. ORDINANCE NO. 6170 (INTRODUCTION) AN ORDINANCE OF THE M142 CITY OF ANAHEIM amending subsection .020 of section 18.18.060 of Chapter 18.18 of Title 18 of the Anaheim Municipal Code relating to building height exception (Zoning Code Amendment No. 2010 - 00089; single - family homes within Tract No. 17289). 25. Award the contract to the lowest responsible bidder, PTM General Engineering 6199 Services, Inc., in the amount of $318,018, for the Pioneer Park security lighting, ADA access and playground improvements and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 26. Approve minutes of the Council meeting of April 13, 2010. END OF CONSENT: 18. Approve the 2010 -2015 Consolidated Plan and the fiscal year 2010 -2011 Annual D155 Action Plan for federal Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) funds totaling $7,844,620 and designate the Executive Director of Community Development as the certifying official authorized to execute all documents related to the administration, management and implementation of the CDBG, HOME and ESG programs. Council Meeting Minutes of April 27, 2010 Page 8 of 9 Council Member Kring thanked the Community Services Board for their hard work and efforts with this difficult process and moved to approve Item No. 18, seconded by Council Member Hernandez. Council Member Galloway, having been involved in a non - profit agency for many years, expressed her deep respect for the services these agencies provided. She appreciated hearing from the various agencies receiving funding from the City and an explanation of what services were provided. Council Member Hernandez asked for a clarification of Line Item 29. Elisa Stipkovich responded the Latino Health Access had requested funds under CEDAC recommendations; however, the Board had made no recommendations. She explained there was an additional relationship with Latino Health Access through the Hermosa Village project wherein some of the rental income stream from Hermosa Village funded Latino health care through that program. That program, she explained was still available. Report on Closed Session Action: None Council Communications: Council Member Hernandez spoke about his attendance at the Colony Park groundbreaking ceremony, a park site scheduled to open by the end of this year that would feature a citrus grove of Valencia orange trees, a covered picnic area, a playground for children, and a walking course depicting Anaheim's historical routes. He added this park was situated in a new, high -end housing project and urged the community to see Brookfield Homes upgrade of this former blighted area. He also reported on the death of Arjan Sachdev, an Anaheim Budget Advisory Commissioner, and announced the coming July All Star Game and Fun Fest which was expected to bring in needed revenue to the City. Council Member Galloway spoke of the upcoming All Star Game as major league baseball would infuse $5 million into charitable and community services for Anaheim. She also recognized City employee, Glen Roosevelt, Park Ranger. Council Member Kring discussed the Colony Park groundbreaking ceremony and the Park Viridian LEED Gold Celebration event. She indicated the Park Viridian apartments were 100 percent leased, and 98 percent occupied. She announced Captain Joe Vargas' retirement reception to be held on May 6 the West Anaheim Neighborhood Development Council's Annual BBQ to be held on May 8 th and the Taste of Anaheim on May 13 Council Member Sidhu announced 48 of Orange County's public elementary schools had received the highest award of California Distinguished Schools, emphasizing Orange County was in the forefront of education. He added the coming Job Fair on June 2 nd would be attended by 150 employers, encouraging interested persons to attend. Mayor Pringle reported on his attendance in Washington, D.C. for meetings held related to high speed rail and other transportation issues. Council Meeting Minutes of April 27, 2010 Page 9 of 9 Adjournment: At 6:02 P.M., with no other business to conduct, the April 27, 2010 Council meeting was adjourned. Respectfully submitted, 4 — Linda N. Andal, CIVIC City Clerk