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2008/08/05ANAHEIM CITY COUNCIL REGULAR ADJOURNED MEETING OF AUGUST 5, 2008 The regular meeting of August 5, 2008 was called to order at 3:00 P.M. and adjourned to 3:30 P.M. for lack of a quorum. Mayor Pringle called the regular adjourned meeting to order at 3:42 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard A copy of the agenda for the Anaheim City Council meeting was posted on August 1, 2008 on the kiosk outside City Hall. 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 Andal. WORKSHOP -CALIFORNIA HIGH SPEED RAIL Tony Daniels, Statewide Program Manager for California High Speed Rail Authority (CAHSRA) presented background and future plans for the rail project pointing out Anaheim was developing the Anaheim Regional Transportation Intermodal Center (ARTIC) as a future connection to high speed rail to serve not only Anaheim but the rest of the state. He explained the proposed California High Speed Rail Project would be a state of the art, electric powered system, capable of taking power from utility lines through overhead wires, which would be operated through a central control room for the full 800 miles proposed from northern to southern California. He added it was a safe and sound mode of transportation, proven and in operation for 40 years or more in the rest of the world with no single fatality in the billions of passenger miles in operation; for 40 years in Japan and 25 years in France. Mr. Daniels emphasized this was a strong way to move people throughout the state with rail stations geared to line up with international airports to take disembarking transcontinental passengers on board the trains traveling to different parts of the State, including Anaheim as a destination. The Rail Authority, formed in 1996, completed environmental documents for the entire project. The Bay area had a separate environmental study as there were differences of opinion as to how to get into the Bay area and that EIR/EIS document was now approved by both the state and federal agencies. At this point in time, he informed Council, the CAHSPA was ready to begin specific projects. The financing strategy for planning, design and construction of the $40 billion high speed train system relied on three sources: 1) state and local funding, 2) federal financing and 3) public-private partnerships. Mr. Daniels commented that OCTA had injected money into the high speed rail program for the ARTIC section of the line which helped to move that segment forward. State project consultants were now waiting to see the outcome of the California budget for 2008/09, however, he made it clear the most important rail funding would be through Proposition 1 on the November 4, 2008 ballot, where the City Council Minutes of August 5, 2008 Page 2 of 15 $9.95 billion dollar bond issue would move this project forward, if approved. Federal funding was projected to provide 25 to 33 percent of the construction costs. The benefits from this project, he stated, were significant. The high speed trains would run on electric power, were clean and did not need oil, and would improve the air quality of southern California as well as create economic opportunities. About 160,000 jobs in construction would be provided and 450,000 permanent jobs would be available once the line was built. He addressed specifics for the rail line section between Anaheim and Los Angeles, stating the Authority was looking at shared track alternatives with Metrolink. To allow that to happen, he indicated the laws and regulations of the Federal Railway Administration (FRA) must be changed as there were no trains in the United States with any right to operate faster than 150 miles per hour and the high speed rail train would operate, at its fastest speed, up to 220 miles per hour. If those laws were changed, he stressed, the project would be more cost effective. The alternative to shared track was a dedicated track with higher costs associated with land acquisition. Mayor Pringle pointed out that train's speed would be reduced through congested areas. Mr. Daniels concurred remarking that between Anaheim and Los Angeles the consultants had found that the maximum speed for the train would be 125 mph and that it would take approximately 2.5 trip hours. Mayor Pringle also remarked that one of the benefits of this project to an inner city was that every single grade had to be separated where the rail line would either be above or below the street. Discussion was held on the various alternatives, the shared and/or dedicated track systems, as well as tunneling or trenching. Council Member Sidhu asked that if tracks were being shared with Metrolink or Amtrak, would those two services still be needed. Mr. Daniels explained that railroad tracks could only be shared with Metrolink whose services would still be needed to serve local commuters on 30 minute train trips. The high speed rail train would only make one stop, either at Fullerton or Norwalk and would not be used for local traffic. The trains, he noted, going from Anaheim to Los Angeles would actually be taking commuters from southern California to northern California with destinations such as Sacramento, San Jose and San Francisco, and back to San Diego. Council Member Sidhu asked what studies had been done on ridership and parking. Mr. Daniels remarked that information was found in the environmental documents. Ridership figures for every station, access and egress, parking needs and all such issues would be discussed with each impacted city. Mayor Pringle remarked that environmentalists may be opposed to parking at transit stations but that Anaheim would probably see it differently. If there was an elevated guideway bringing tourists to the Resort area, there would be fewer cars on the streets in Anaheim, which could balance traffic issues. Council Member Kring asked if Proposition 1 passed, and there were not enough funds for the railway project, would the Rail Authority return to the taxpayers for another bond amendment. Mr. Daniels replied current language in the bond proposal called for the Authority to have the money available to build before construction began. Mayor Pringle added that the entire rail system would cost approximately $40 billion and if the bill passed in November, the $9 billion would add the segment to Anaheim in addition to insuring that no single segment could be built unless a finance plan for construction was established whereby no more than half the funding was the state bond City Council Minutes of August 5, 2008 Page 3 of 15 money. He emphasized that the federal, local or private funds must make up the other half and until those funds were identified, no bond monies would be spent. He added for Anaheim, it was important to get the language to state that the southerly terminus would be the City of Anaheim and from a fiscal conservative perspective, it was important to make sure the construction would be started and there was funding in place to complete the entire project. WORKSHOP -NEIGHBORHOOD IMPROVEMENT STRATEGIES City Manager Dave Morgan explained that over the last few months and during budget presentations, there had been a number of inquiries from Council regarding neighborhood improvement efforts. He reported Anaheim had a comprehensive approach of participation by numerous departments and this presentation would update Council on the various program efforts. Elisa Stipkovich, Community Development Director, reported the City had been and was proactively addressing neighborhood improvements. When this process began and neighborhoods were assessed, 15 neighborhoods were determined to be most in need of attention. She reported on the three neighborhoods addressed first: 1) the Chevy Chase area now know as Park Vista, 392 completely rehabbed and 100 percent affordable units were now in place. South of Chevy Chase, the neighborhood now known as Paseo Village was improved and currently contained 176 units of rehabbed and completely affordable housing. Jeffrey Lynne area, she explained, was the largest neighborhood the Department took on, now known as Hermosa Village. Hermosa Village now contained about 700 units of which 517 units were rehabbed and 100 percent affordable. Ms. Stipkovich remarked that in the 15 neighborhoods studied, it was found that one of the physical conditions which existed in all of the neighborhoods was they were relatively large tracts of land, developed as individually owned multi-family parcels, anywhere from four to 16 units per site with no on site management and, in most cases, little to no maintenance and no enforcement of leases for occupancy limits. Some of the other conditions found were extremely deteriorated exteriors and interior housing, lack of adequate parking, lack of open space and lack of adequate trash receptacles. She also pointed out that those neighborhoods had high numbers of code enforcement calls and graffiti, some of the highest rates of calls from police and paramedics, gang violence, drug dealing, overcrowding and high rents. These conditions, she explained, were indicative of the tight housing market that allowed owners to maximize rents without having to adequately maintain the property. A task force of City departments worked with the community, property owners, tenants and organizations, such as school districts who served the community. This effort, she stated, resulted in revitalization plans for these areas that addressed a physical redesign of the neighborhood by ignoring parcel lines, allowing for more efficient use of land for open space, community uses, privatizing and closing streets to allow for more parking and a more secure environment. The plans also created usable open space and community centers to accommodate social services and after school programs. The exterior of the units were completely renovated and new landscaping was added. In some cases, to complete renovation of the interiors, the plans called for adding units or adding bedrooms to create additional two, three and four bedroom units. These plans, Ms. Stipkovich remarked, were implemented with the use of CDBG, HOME, redevelopment set-aside funds as well as tax credits and conventional City Council Minutes of August 5, 2008 Page 4 of 15 loans. In most cases, acquisition of the property and new home ownership was required while in some cases, staff worked with the owners to include them in ownership positions in new entities and/or ground leased their properties or offered owner's loans, grants, or project-based Section 8 assistance. In return, the City asked for their cooperation to create decent living conditions with affordable rents and professional on- site management with limits on occupancy. She pointed out the Housing Authority owned most of the land in Hermosa Village and all of the land at Paseo Village and received ground rents -they would own the buildings at the end of a 55 year ground lease. Ms. Stipkovich commented that these were examples of a comprehensive approach that revitalized neighborhoods and had a positive impact on the residents and surrounding property owners. She pointed to other examples of community improvements implemented over the years such as the new Citrus Park, an expanded and restored old train station now serving as a day care center, with improved streets and parkways, historic street lights and new sidewalks. Some of the other community buildings added to neighborhoods included: West Anaheim Community Center and Police Substation, the Haskett Library and expanded Maxwell Park, Central Library Renovation, Twila Reid Fire Station and the East Anaheim Gymnasium Library and Police Substation. She added the Utilities Department undergrounding program in which utility lines on major corridors were undergrounded added to neighborhood improvements as well as the Corridor Improvement Program which involved new landscaping, median parkways and other treatments in order to make neighborhood streets look better. Natalie Meeks, Public Works Department, talked about the positive impacts Public Works efforts had on neighborhoods. Last year over 150,000 square feet of sidewalks were replaced, 16 miles of residential streets were slurry sealed or paved and more than 1,000 potholes were filled. The Department provided 24 hour response for hazardous or serious road conditions and ten street sweepers covering 5,660 miles each month 'kept City streets clean. She indicated a seven man crew and two, four-man contract crews were dedicated to removing trash and debris from streets and alleys; 25 tons of it had been collected each month. In addition, the City offered free bulk item pickup to single family and multi-family residents. She provided that residents could request pick-up of 20 items three times a year. She noted that traffic calming measures and addressing spillover parking issue were part of an on-going effort to assist neighborhoods. With the adoption of a traffic calming policy last April, staff received five petitions to investigate traffic calming options and over 20 neighborhoods solicited information on the process and the options. With the adoption of the spillover parking policy, staff had received 18 petitions for consideration. She added the neighborhood toolbox had proven to be helpful in communicating to neighborhoods the process and the options, as well as the resources addressing safety, beautification, and traffic. She pointed out the Department also maximized services through grant monies such as the one which promoted a successful three barrel recycling program. She reported that staff was reviewing ways to use this money to directly benefit neighborhoods. Lastly, she added, staff focused resources from the Utilities Department to neighborhoods with the Tree Power Program providing free shade trees and aDust-to-Dawn Lighting City Council Minutes of August 5, 2008 Page 5 of 15 Program, which provided free high pressure sodium lights that automatically turn on at dusk and off at dawn. Sheri Vander Dussen, Planning Director, explained the City's Code Enforcement division played a significant role in maintaining quality of life concerns in neighborhoods. In the past fiscal year, the Division responded to more than 50,000 complaints and addressed more than 70,000 violations. She remarked that responding to concerns about property use and land use was an important function in neighborhoods and staff was able to abate 94 percent of violations reported with just two notices, an effective method of achieving compliance. Graffiti remained a problem for many of the neighborhoods, and Ms. Vander Dussen reported more than 1 million square feet of graffiti had been removed in response to over 37,000 complaints. She added Council provided $200,000 in additional funding to the graffiti abatement program this year, and the added staffing and new equipment reduced response times so that painting requests were now handled in 24-48 hours and the queue for sand blast requests was now about three days. Also, she explained, the Chief of Police recently formed a community wide taskforce to address graffiti and as part of that effort, a local company, Clean City, offered to proactively remove graffiti from the downtown area for two months at no cost to the city. Clean City's efforts were supported by local businesses who donated fuel and paint for that effort. Like graffiti, Ms. Vander Dussen reported, abandoned shopping carts detract from City streets and a cart containment regulation now required stores to have a plan to either contain the carts on site or retrieve those carts that have been removed by customers and abandoned in other locations. So far, she stated, the ordinance reduced the number of abandoned carts by 20 percent. Terry Lowe, Community Services Director, reported that roughly two percent of the community did not meet acceptable standards for safety, cleanliness and attractiveness and these areas were the focus of the Neighborhood Improvement Program (NIP). The program was a collaborative effort of many city departments, school districts and volunteers and since July of 2001, stakeholders had worked with thousands of residents to enlist their support in improving living conditions in challenged neighborhoods throughout Anaheim. NIP divided the City into four districts, each served by an established multi-disciplinary team made up of staff from City departments. These teams, he explained, helped neighborhoods that were severely deteriorated or were beginning to deteriorate and educated residents on the various tools available to them to address their problems. The structure of the NIP began with involvement of residents through neighborhood councils, and in turn, through the interdepartmental district teams which reported to the NIP Administrative Managers Committee and ultimately to the Executive Manager's Committee. From these levels, he explained, policy recommendations were forwarded to the City Manager and City Council for direction. In addition to neighborhood challenges, the impacts of poverty affected many of Anaheim's families and at the request of Mayor Pro Tem Hernandez, Mr. Lowe informed Council they had been provided with a packet of information from the 13th annual report on the condition of children in Orange County (OC) prepared by Fullerton State College, OC Children's and Families Commission and Orangewood Children's Foundation. Mr. Lowe ended his report stating that connecting to residents was important and the City's police department had a firm commitment to community policing. Officers were assigned to specific areas allowing them to build relationships with residents, businesses City Council Minutes of August 5, 2008 Page 6 of 15 and store personnel. These officers, he reported, now served as a single point of contact and work with community members to resolve problems. Police Chief John Welter, Police Department, remarked that as a City it was demonstrated neighborhoods could be dramatically improved, provide ongoing quality services and work in a true partnership with residents to achieve safe, clean and attractive places and pointed out that the City took special initiatives to deal with targeting problems. The Police Department had a Gang Reduction and Intervention Partnership (GRIP), civil injunctions against criminal gangs and an Anti-Graffiti Task Force initiative. He remarked Anaheim's policing philosophy continued to focus on solving problems in partnership with the community. GRIP, he explained, was a strategy to reduce the number of young people being enticed into agang-life style which began when the Chief's Advisory Board, consisting of community members, chose to examine the gang problem in Anaheim. The group spent over a year comparing countywide efforts, and in some cases state efforts to reduce gang activity; they developed into a school/ community/police partnership. He added GRIP was an early gang and violence intervention program and the only one in the County that addressed students in 4tn to 6tn grades. By supporting youths in their elementary schools as well as in their homes, he remarked, they were given skills and knowledge to make good choices while they still had an opportunity to succeed. The GRIP program, he pointed out, had been recently awarded a CALGRIP grant of $400,000, only one of two agencies in the County to receive this grant. The funds were used to hire a case manager, part-time social worker and apart-time program evaluator. With 30 students involved so far, the Department would assess their success through a qualitative analysis process that would include pre and post surveys of students, teachers and parents, including analyzing school related data such as attendance, discipline, referrals and grades. The Gang Injunction initiative against local criminal street gangs began in partnership with the District Attorney's office a year ago, targeting a specific neighborhood gang and documented their extensive criminal behavior in a particular area. With the help of the District Attorney, the court determined this street gang was a public nuisance, and"a civil injunction was issued in November 2006 against 83 documented gang members which prohibited them from engaging in specific criminal acts within a targeted area. To date, he added, the Department made 39 arrests for violating the injunction and reported crime had shown a steady decrease in the neighborhood. Chief Welter further reported that the graffiti effort was another example of working with community members in a problem solving process. The first community-wide meeting was held in March 2008 and each of the three meetings were well attended by over 60 people throughout the City. The purpose of the effort was to enhance collaboration between city departments while at the same time bringing new partners to the crime prevention arena as it addressed graffiti, analyzed the cause and researched successful strategies throughout the country. The Police Department, he noted, also became proactive and created a team of officers to aggressively investigate, target and arrest repeat offenders. Six major goals were defined and the next step was to begin goal workshops to develop work plans, timelines, cost impacts and measures of effectiveness to determine whether or not these strategies were going to be cost effective and successful. Mayor Pringle asked if recent legislation just signed by Governor Schwarzenegger regarding graffiti vandals participating in the cleanout and continued maintenance of City Council Minutes of August 5, 2008 Page 7 of 15 public property had been reviewed and considered for Anaheim. Chief Welter responded one of the goals was to look at the justice system including prosecution, sentencing, and restitution and how that would affect the City. Mayor Pringle asked the City Attorney to take a look at the new legislation and share how it could be applicable to Anaheim. Council Member Kring remarked that years ago, in answer to problems occurring at Pearson Park, the community started flashlight walks and neighbors in the Colony District took back the park. She would like to see that same result for graffiti vandalism. Council Member Hernandez remarked that contained within the packet of information concerning demographics in the City, was an overlay of the juvenile probation population, a map of substantiated child abuse referrals, a map of CALWORKS child recipients, a map of free and reduced lunch users and a map of children zero to 17 years of age. These overlays, he pointed out, revealed that the deepest concentration of all these problems were shown to occur in the challenged neighborhoods identified by staff. Council Member Galloway thanked staff for the comprehensive presentation stating she was impressed by the positive results of community involvement. She added that a group of effective leaders in the community had been organized and had the ability to mobilize large groups of people, especially those in the Latino community and she had asked the Chief to provide definitive numbers on who were committing these crimes, the gender, how many arrests were made and in what areas of the City. On September 20th, she reported, there would be a large mobilization of people going into the most graffiti infested areas of the community to knock on doors and engage the families. She added this group, ACE, would partner with the graffiti task force as well as with the City, and she looked forward to the results. Council Member Sidhu congratulated staff on its efforts and supported private citizens, such as Clean City who also contributed toward this effort. Mayor Pringle also thanked staff for the comprehensive report stating if the City did not address the severity of problems in neighborhoods, it would affect adjoining areas as well as the general population of the City. At 5:04 P.M., Council briefly recessed and reconvened the meeting at 5:21 P.M. Invocation: Pastor Caleb Jara, Seventh Day Adventist Church Flag Salute: Council Member Sidhu Presentations: Recognizing the Mito student delegation on their visit to the City - Henri Soucy, president of Sister City Association, introduced the chaperone and Shinichi Takeda, Teacher, who presented the 15 students visiting Anaheim as part of the Sister City Association. Recognizing the City of Anaheim 2008 Class of Fire Explorers - Captain Alan Long, remarked this program had been three years in the making and was a cooperative effort with Boy Scouts of America, local school districts and families. Collectively the Fire Explorers had accumulated 2,292 hours of training and volunteer City Council Minutes of August 5, 2008 Page 8 of 15 service with goals ranging from community service to pursuing a career in fire service and introduced the 2008 Fire Explorers. Acceptance of Other Recognitions (To be presented at a later date): Recognizing Shawn Murtaza, Richard Nguyen and Jasmine Smith on their graduation from the Academy of Business Leadership AT 5:45 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency and the Anaheim Housing Authority (in joint session with the Anaheim City Council). ADDITIONS/DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS (all items except public hearing): William Fitzgerald, resident, addressed pollution impacts of Disneyland Fireworks Charlie Friedhoff, Anaheim Hills resident, voiced his concern of the vacant homes on Maple Tree Drive impacted by land movement. He complained of continuous graffiti and lack of action by the City. Bobby Lee Flores, Anaheim, identified concerns regarding illegal immigrants and criminal activity. Council Member Sidhu responded to negative comments made during oral communications. Natalie Meeks updated Council on the status of the Maple Tree Drive slide area. She reported Caltrans had taken on the stabilization of the hillside which had slid in 2006 and that it was a large project requiring construction of three buried walls and a number of tie-backs. She indicated Caltrans was hopeful to have the grading and earthwork completed by the first of next year to be followed up with landscaping of the slope. She noted the City hoped to work with Caltrans on the future of the empty lots as the homes had been removed on the lots acquired by Caltrans. Mayor Pringle remarked that the one retaining wall placed further up on the slope had been continually hit by graffiti taggers and asked staff to insure a daily visit by the graffiti removal team to lessen the frustration of Mr. Friedhoff and others in that neighborhood. At 6:03 P.M., Mayor Pringle recessed Council session to consider the Anaheim Redevelopment Agency agenda, reconvening the Council meeting at 6:06 P.M. CONSENT CALENDAR: Mayor Pringle removed Item No. 12 for further discussion and Council Member Hernandez pulled Item No's. 9, 11 and 18. Council Member Hernandez moved to waive reading in full of all ordinances and resolutions and 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 Sidhu. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. City Council Minutes of August 5, 2008 Page 9 of 15 5. Receive and file minutes of the Golf Commission meetings of March 27, 2008, Bios April 24, 2008 and May 22, 2008. 6. Review the need for continuing the local emergency heretofore proclaimed by the Di75 Director 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, by motion, determine that the need for continuing the local emergency exists. 7. Award the contract to the lowest bidder, All American Asphalt, in the amount of 5278 $152,480, for the Weir Canyon Road Street Improvements project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 8. Waive Council Policy 306 and approve and authorize the Chief of Police to 3164.A execute the Letter Agreement and Schedule A with LexisNexis Corporation to provide online computerized search services to assist in criminal investigations, and authorize subsequent renewals in an amount not to exceed 15 percent, annually. 10. Authorize payments to International Protective Services, Inc., in an amount not to niso exceed $138,000, for current and estimated invoices for security guard services at various City facilities. 13. Approve an agreement with the City of Garden Grove enabling the 5279.8 City/Convention Center to continue to provide parking enforcement within a designated area of Garden Grove adjacent to the Anaheim Convention Center. 14. Approve the First Amendment to the Parking License Agreement with AvalonBay 4149.A.1 Communities, Inc. authorizing use of sixty parking spaces, located on the Sportstown site on a month-to-month basis. 15. Approve the First Amendment to the Parking License Agreement with Platinum 4786.1 Centre, LLC authorizing use of sixty parking spaces, located on the Sportstown site on a month-to-month basis. 16. Approve the First Amendment to the Parking License Agreement with Platinum 4785.1 Centre, LLC authorizing placement of two trailers on a portion of the Sportstown parking lot for a period of up to ten months. 17. Approve the Transient Occupancy Tax (TOT) Agreement with Wyndham Resort 5280 Development Corporation and WorldMark, The Club to provide TOT in-lieu revenue to the City. 19. RESOLUTION NO. 2008-147 A RESOLUTION OF THE CITY COUNCIL T105 OF THE CITY OF ANAHEIM declaring results of the special election held July 24, 2008 and directing recording of Notice of Special Tax Lien (CFD No. 08-1 ). City Council Minutes of August 5, 2008 Page 10 of 15 ORDINANCE NO. 6110 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle). 20. ORDINANCE NO. 6109 (ADOPTION) AN ORDINANCE OF THE CITY OF B137.1 ANAHEIM fixing and levying a property tax on the full cash value of all property within the corporate limits of the City of Anaheim for the fiscal year 2008/2009 and declaring the urgency therefor and that this ordinance shall take immediate effect. (A copy of the full text of the proposed Ordinance is available for review in the Office of the City Clerk.) 21. Approve minutes of the Council meeting of July 29, 2008. END OF CONSENT CALENDAR 9. Authorize the Human Resources Director to grant one time retention payments, in an D154 amount not exceed $90,000, to at-risk professional management staff within the Integrated Resources and Electric Risk Management Divisions of the Public Utilities Department. Kristine Ridge, HR Department, reported this was a request for authorization to make a one-time retention payment for certain critical personnel within the Utilities Integrated Resources and Risk Management Divisions. These payments would be granted on an as as-needed basis in exchange for an employment commitment of no less than one year. Marcie Edwards, Utilities General Manager, remarked there was a continued volatility in the energy industry and specifically in wholesale energy and energy risk management. Changes were rapid and as a result, challenging for the department to keep procedures in place and employees cross trained. Given the industry's conditions coupled with competitor's hiring methods, staff believed retention payment of certain employees would reduce the risk of losing critical employees in multiple positions at the same time. The skills of these various individuals would cost $250,000 to $400,000 in contract services if the skills were lost abruptly. She added this was a prudent strategy and least expensive course and recommended approval of the item. Council Member Hernandez concurred that Anaheim had an enviable reputation throughout the state concerning the delivery of power which directly related to the Utilities staff and wholeheartedly supported this project and moved to approve Item No. 9, seconded by Council Member Sidhu. Roll Call Vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 11. Approve an agreement with the Anaheim Chamber of Commerce, in an amount not 3434.Dto exceed $150,000, to provide services to the City as liaison with the business community. Council Member Hernandez asked how this item related to the Chamber contract compliance. Sheri Vander Dussen responded that to date the Chamber had met its obligation under the contract; however, there were a few tasks staff had agreed to defer with cooperation from the Chamber. To date, she reported, the City had paid $121,000 City Council Minutes of August 5, 2008 Page 11 of 15 to the Chamber and would be working with the organization on the deferred tasks in the upcoming month. She stated the Chamber was in compliance with the terms of their contract for the last fiscal year. The City Manager added that the agreement had been for $150,000 and detailed as to what was to be delivered for that amount and had been structured to insure payment was only made after delivery of the task. Council Member Hernandez asked if this contract would go forward under the same assumptions and Ms. Vander Dussen replied the only change involved the City paying for sponsorships for big events up front but compensation to the Chamber would continue to be withheld until such time as the event was successfully carried out and the Chamber submitted required documentation. Council Member Galloway congratulated the Chamber on its successful events. However, she disagreed with subsiding to the organization. She felt Chamber events should be funded without City assistance. Mayor Pringle responded the cooperative effort with the Chamber was an economical way to outsource many of those economic development opportunities for the City and that it was valuable to have an economic development director working to bring more business into the City and to encourage businesses to remain. Council Member Kring was supportive of this agreement with apay-as-you-go system pointing out that when businesses come into any city and need assistance, their first questions are brought to the local Chamber of Commerce. Council Member Sidhu supported the Chamber in building strong relationships in the business community, building a strong local economy and promoting and branding Anaheim. He suggested City staff take on some of the tasks of outreaching to new businesses or to be fair, going out to bid for some of the tasks. Mayor Pringle pointed out that putting tasks out to bid did not address the fact that visitors and potential business owners check in with the Chambers to have questions answered. Council Member Kring moved to approve Item No. 11, seconded by Mayor Pringle. Council Member Hernandez stated he was struggling over approval of this item due to the fact the Chamber did not complete some of the identified tasks and wondered if Council would consider reducing the contract by 20 percent. Mayor Pringle responded if the reduction in the contract was a reflection of tasks not completed in the previous year, he would want more information on what those tasks were and a discussion if those items should be removed. The City Manager, addressing earlier comments, stated staff could return and report on the feasibility of breaking this contract apart and bundling it out, but he felt there was a synergy working with the Chamber and staff had thought this through and recommended the relationship move forward. Council Member Hernandez then offered a substitute motion to continue this item. Mayor Pringle concurred to the continuance and requested that at such time Council consider items to be removed from the contract, they should also consider new strategies on aggressively finding out why businesses were closing and leaving the City and find ways to provide more services to businesses that were struggling. Council Member Kring voiced her support of the Chamber contract, stating they were successful in hosting these events and the city should take advantage of their skills and she was ready to vote on the item. City Council Minutes of August 5, 2008 Page 12 of 15 Marcie Edwards, Utilities Department, reported that the Utility was funding half of the Chamber contract out of monies from ratepayer's funds for electricity and water. She stated she had an obligation and a requirement to ensure that the money was spent appropriately. From her perspective, the Chamber was an efficient and inexpensive delivery system for mandated utility information outreach programs, as well as providing information back to her staff from businesses. Roll call vote on Council Member Hernandez's substitute motion to continue this item to the meeting of August 12, 2008, which was seconded by Council Member Kring: Ayes - 4; Mayor Pringle and Council Members: Hernandez, Kring and Sidhu. Noes - 1: Council Member Galloway. Motion Carried. 12. Approve the response to the Orange County Grand Jury Report entitled "Water 0144.6 Budgets, Not Water Rationing" regarding water conservation efforts and authorize the Mayor to execute the letter and forward the response to the Presiding Judge of Orange County Court and the Orange County Grand Jury. Mayor Pringle requested changes to the Grand Jury response letter. In the last paragraph on the first page, he asked to remove this sentence, along with the first three words of the next sentence: "However, it does not agree that base allotments are necessary measures unless critical drought situations warrant ifs implementation. In these cases ...." Mayor Pringle requested the removal of this statement as he believed those options should be considered through Anaheim's water management process and not just at a point of critical drought. Mayor Pringle moved to approve Item No. 12 as revised, seconded by Council Member Kring. Roll Call Vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 18. RESOLUTION NO. 2008-146 A RESOLUTION OF THE CITY COUNCIL D129 OF THE CITY OF ANAHEIM ratifying the prior submission by the Fire Department of a grant application filed on behalf of the City of Anaheim to the Department of Homeland Security for Citizen Corps Program National Emergency Technology Guard (Net Guard) Pilot Program, and, if awarded, authorizing the acceptance of such grant by the Fire Chief, or his designee, on behalf of the City and amending the budget for fiscal year 2008-09 accordingly. Fire Chief Roger Smith explained that Net Guard was the old RAKES ham radio operation used in times of emergency and this project took that old civil defense model and moved it into the 21St century by adding satellite technology and wireless web access. Council Member Hernandez stated he was supportive of this effort as so much had been made of the failure of government to respond to disasters which were local responsibilities. He added Anaheim's support of public safety was the commitment to the proper response when disasters occurred and moved to approve Resolution No. 2008-146 of the City of Anaheim ratifying the prior submission by the Fire Department of a grant application filed on behalf of the City of Anaheim to the Department of Homeland Security for Citizen Corps Program National Emergency Technology Guard (Net Guard) Pilot Program, and, if awarded, authorizing the acceptance of such grant by the Fire City Council Minutes of August 5, 2008 Page 13 of 15 Chief, or his designee, on behalf of the City and amending the budget for fiscal year 2008-09 accordingly, seconded by Council Member Sidhu. Roll Call Vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 22. Nominate and appoint a voting delegate and up to two voting alternates to the D114 League of California Cities annual conference, to be held on September 24-27, 2008 in Long Beach, California. Mayor Pringle recommended the Mayor be the voting delegate and Mayor Pro Tem be designated as first alternate and Council Member Kring as Alternate 2. Council Member Hernandez moved to approve, Pringle seconded. Roll Call Vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried Appointment: Mayor Pringle Alternate (1): Council Member Hernandez Alternate (2): Council Member Kring 23. Discussion to consider an amendment to the Anaheim City Charter which would 1vI1oo decrease the term of the Mayor from four years to two years commencing with the November, 2010, general municipal election. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ordering the submission of a proposed amendment to the City Charter to the electors of said City at the general municipal election to be held is said City on November 4, 2008 (Term of Office of Mayor). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, setting priorities for filing written arguments regarding a measure to be submitted to the electors of the City at the general municipal election to be held in said City on November 4, 2008, and directing the City Attorney to prepare an impartial analysis of such Measure. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, providing for the filing of rebuttal arguments for a measure submitted to the electors of the City at the general municipal election to be held in said City on November 4, 2008. The City Attorney reported, at Council Member Sidhu's request, there were three resolutions on the agenda which were necessary if Council wished to place on the next general election ballot, the reduction of the term of mayor from afour-year term to a two- year term. He added this measure would not make any change to term limits which would still be an eight-year combined service term limit. Council Member Sidhu stated that last May, Council Member Hernandez commented he would like to see a charter amendment to change the term of mayor from four years to a City Council Minutes of August 5, 2008 Page 14 of 15 two year term. After researching this topic, Council Member Sidhu felt this proposed measure brought fairness to the City's electoral process while preserving term limits. With the approval of these resolutions, he stated, an amendment would be placed before the Anaheim voters on November 4, 2008 which would reduce the term of office of the mayor from four years to two years, per term, if approved. This would mean the position of mayor would be elected at a general council election occurring in November and allow future seated council members to run for office of the mayor without giving up their council seats. It would also repeal the requirement that the mayoral candidate must be out of City elective office for two years before electing to run for that seat. Seated council members, he noted, would be able to run for mayor, and if elected, a special election would be held for the open council seat. He added other charter cities such as Garden Grove and Irvine followed this procedure. He also pointed out if Council took action to approve this revision, the cost would be between $4,000 - $8,000, otherwise a special election could cost over $200,000. Council Member Kring remarked in the early 90's, current term limits were placed on the ballot and 82.5 percent of Anaheim citizens voted for that change to two four-year terms for a combined total of eight years of service. A few years -ago, she added, there was a push to reduce the mayoral term to two years and residents began to voice their concerns commenting they would not support the change and had voted for and were satisfied with the current terms. She explained she would not support this amendment. Mayor Pringle clarified this revision would have no impact on his term of office, however, he emphasized, he could not support the amendment as he felt it diminished the role of the mayor and made it more difficult to build local and regional consensus on issues if the mayor position turned over every two years. He felt it would undermine the stability of the City and would therefore actively work against the measure as it was not in the best interests of the City. Council Member Hernandez remarked he had broached this subject at a previous meeting to encourage dialogue on this issue because he believed the charter should be changed. He felt the current process created an inequity among council members by blocking two members from running for mayor without relinquishing their seat on the council. He would not support putting this amendment on the ballot in November due to time constraints, but felt there should be additional discussion on the proposal. Mayor Pringle concurred there should be a fuller discussion on governance issues. Council Member Sidhu moved to approve Item No. 23 and with no second, the motion failed. Council Communications: Council Member Hernandez commented on the success of the Victory Outreach event held on Sunday. He congratulated Nick Ramirez, student of Katella High School, for being named the 2008 Gatorade All American Orange County Player of the Year and the Anaheim/Garden Grove Little League Team 46 for playing at the Big League World Series. He commended the Fire Department for the Explorer Program and extended a welcome to the student delegates from Mito, Japan. City Council Minutes of August 5, 2008 Page 15 of 15 Council Member Kring congratulated the Fire Department Explorer Program. Council Member Sidhu announced the National Night Out event to be held at Eucalyptus Park to give residents an opportunity to learn more about crime and drug prevention. He announced the Pearson Park Concert series was now underway scheduled for August Stn and Stn Mayor Pringle thanked supporters of the U.S. Men's National Volleyball Team and the Orange County Flyers minor league baseball team. He announced the KPMG Accounting Firm would be hosting a youth and service project conference on Thursday, with 1000 students performing cleanup and habitat restoration at Burris Pit. He spoke of foreclosures in Anaheim and its effect on neighborhoods and asked staff to identify strategies to maintain neighborhoods. Adjournment: At 7:30 P.M., with no further business, Mayor Pringle adjourned the August 5, 2008 Council meeting. Resp Ily submitted, Linda N. Andal City Clerk