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2008/09/16ANAHEIM CITY COUNCIL REGULAR MEETING OF SEPTEMBER 16, 2008 The regular meeting of September 16, 2008 was called to order at 3:09 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on September 12, 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 -ANAHEIM CITY SCHOOL DISTRICT (ACSD) UPDATE: ACSD Superintendent Jose Banda thanked Council for the opportunity to address the timely issue of student achievement and introduced Pam Ellis, Director of Assessment and Program Evaluation, to provide an overview of school requirements as well as student rankings He indicated other school administrators and several board members were present in the audience as well. Ms. Ellis provided background statistics on the makeup of the Anaheim City School District which served 19,000 students in 24 schools. She indicated the students were predominantly English learners, which meant about 4 out of 5 kindergarteners did not speak English (the predominant language was 75 percent Spanish). At the beginning of the school year, she explained, accountability progress reports were required to measure the Academic Performance Index (API) for the state and the federal Adequate Yearly Progress (AYP) and Program Improvements (PI). The API report revealed how much a school was improving from year to year and ranged from 200 to 1000 points. She indicated the state set 800 points as the API target for all schools to meet and any school falling short were required to reach annual growth targets until that goal was achieved. There were two API reports; the Base API released to schools in the spring and the Growth API released in August. These two reports, she explained, resulted from two different school years and reflected improvement in assessment scores. The AYP report was required by the federal No Child Left Behind (NCLB) Act of 2001 and reflected how well schools and their districts were meeting common standards of academic performance. She added the required AYP targets increased yearly until 2013/14 when all schools must have 100 percent of their students performing at or above proficient levels on statewide tests. The assessments scored in English Language Arts and Mathematics. The biggest challenge for the Anaheim City School District, Ms. Ellis stated, was the large base of students learning English and also learning standards at the same time. She provided statistics on each school, the state performance index for the last two years and student rankings as a whole and in subgroups. She also provided an overview of the federal accountability system which looked at the percentage of students who were proficient or higher. She pointed out the district had not met the AYP in two categories and explained the improvement programs required to bring those students up to 100 percent proficiency by 2014. She emphasized the District used a number of City Council Minutes of September 16, 2008 Page 2 of 13 methods to meet those challenges, specifically by employing highly qualified teachers, focusing on professional development throughout the year, pre-school readiness programs and partnerships with parents and the community. Council Member Sidhu asked for details on what contributed to changes in the AYP between school years. Council Member Galloway discussed the high level of English learners in the school system. Ms. Ellis remarked that the English learners could be far advanced or just not proficient, and when the students were reclassified, it reflected the fact they met a certain level of proficiency. She added that on school sites, the academic staff was certified in teaching English learners and there were also community aides instrumental in connecting school sites with the parents. WORKSHOP -UNDERGROUND CONVERSION PROGRAM FIVE-YEAR PLAN: Dukku Lee, Public Utilities Department, reported Anaheim was in the 18th year of its Underground Conversion Program, paid for through a four percent surcharge by all Anaheim ratepayers. As of this date, he emphasized, 97 circuit miles had been completed at a cost of over $100 million. He also pointed out Council had recently approved a Home and Rear Property Undergrounding Program of which six homeowners had completed or were in the process of completing undergrounding of their overhead service wires. Projects, he explained, were recommended on the basis of five criteria: 1) coordination with other projects, 2} reliability/engineering, 3}geographic diversity, 4) available resources and 5) City aesthetics. These criteria, he pointed out, were balanced to allow flexibility in sequencing of the projects. A subcommittee made up of Planning Commissioners and Public Utilities Board members met quarterly and discussed potential projects based on the criteria and once a plan was developed, it was taken to the Public Utilities Board for approval. After PUB approval, the plan was then submitted to the Council for review and action. Currently, Mr. Lee remarked, there were 17 underground districts in the five-year plan, two had been completed and 15 were in various stages of completion. The proposed plan for Council's review included those 15 projects, the Edison franchise agreement, acceleration of a large project on Magnolia on the west side of the City, and a concept called Design/Build where a single entity would complete the entire project. As projects were completed in the five year plan, Mr. Lee stated there were areas remaining that weren't actively pursued until a project was planned in conjunction with Edison. The Edison Franchise, he noted, contained a clause that Edison must remove 15 percent of its overhead lines within the City. Of those, 4.5 miles had been designated as the "O" Line (for Open) which ran east/west from Euclid to the Stadium area, and created in 1929 as the connection point between Los Angeles and San Bernardino. According to Edison, the O line section should be removed by October 2008. In addition to that, he stated, Edison had 2.5 miles remaining which must be removed and City staff was working with them to try to identify projects. One of the areas the City was looking at was a joint project on Lincoln Boulevard over to Magnolia that would clean up one of the major corridors in the City. In Central Anaheim, he pointed to several City projects in various stages of completion or activity. In East Anaheim, there were a number of projects in various stages as well. One of the active projects completed this past fiscal year was the La Palma/Imperial City Council Minutes of September 16, 2008 Page3of13 intersection where a Caltrans grade separation was located. Another project was Katella/Lewis, where installation of the underground facilities was completed and energized but there were still a few lines remaining that must be removed. He added some segments on the Euclid project had been completed, and the intersection on Katella and Euclid in coordination with the Smart Street Program along Katella had been completed. On Sunkist, he noted, there were 12kV facilities along with communications and several schools, and staff had been coordinating placement of electrical facilities and easements. The Harbor project would be constructed in coordination with the new substation being built off Santa Ana Street, which would clean up Water Street, Harbor and a segment of Vermont. Anew proposal using the design/build methodology would combine Magnolia with another district on Lincoln and Magnolia, to make two districts but one separate project which staff believed offered economies of scale in taking a larger project out as a design/build package. He added if this project was successful, there would be more design/build projects scheduled in the future. Marcie Edwards, Public Utilities General Manager, commented this project had been planned in response to Council's request to identify ways in which to add further undergrounding. She stated that and this test case of the design/build process and bundling of the two projects was an effort to meet that interest. Related to the two step process, Council Member Kring inquired if construction on streets was performed twice. Mr. Lee responded in the negative, stating the City installed communication conduits so that at a later date, the communication firms were able to use those same conduits to put in their cables, in a process called joint trenching, which minimized the amount of construction activity in the area and also saved space within the streets. Council Member Sidhu was supportive of the design build idea and the savings that could result. He asked if there were companies that offered design/build services and Mr. Lee reported there were a number of companies capable of in-house design as well as construction. Council Member Sidhu also inquired if the Utilities Department coordinated with other City departments and Ms. Edwards responded that the Utilities Department typically coordinated all projects with other City departments, such as the Smart Street revisions. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None At 4:10 P.M., Mayor Pringle adjourned to closed session for consideration of the following items: CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Approximately 50.29 acres generally northerly of Angel Stadium of Anaheim in the Platinum Triangle Stadium District, 2000 Gene Autry Way, Anaheim, California Agency negotiators: Dave Morgan, Joel Fick Negotiating parties: City of Anaheim and Archstone-Smith Operating Trust Under Negotiation: price and terms City Council Minutes of September 16, 2008 Page 4 of 13 2. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: City of Anaheim v. Angels Baseball, L.P., Orange County Superior Court Case No. 050001902; 4th Appellate District No. G037202 . 3. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Lauren Allee and Amanda Hall v. City of Anaheim, et al., Orange County Superior Court Case No. 070003831. At 5:45 P.M., Mayor Pringle reconvened Council session. Invocation: Mayor Pringle Flag Salute: Council Member Kring Presentations: Recognizing the USA Men's Olympic Volleyball Team on winning the Gold Medal at the 2008 Summer Olympics Mayor Pringle announced the USA Men's Olympic Volleyball team had joined the Anaheim community in 2006, training for the Olympics at a local venue and introduced the Olympic medalists and coaching staff. Tom Hoff, Team Captain, thanked Council for sharing in the team's gold medal journey. Recognizing Colony Developers on receiving the GreenPoint Rated Certification Marianne Long, Assistant General Manager of Public Utilities Department, remarked that the certification award was given to developers constructing green residential or commercial buildings in Anaheim. She noted it was the second award handed out, however, there were now 11 projects underway and over 1,000 residential units being built that would be sustainable and green in Anaheim. Acceptance of Other Recognitions (To be presented at a later date): Recognizing the Chance Theater on their 10th Anniversary Casey Long thanked Council for the recognition remarking the Chance Theater had been Anaheim's sole professional theater company for the last 10 years. Proclaiming September 17 - 23, 2008 as Constitution Week Virginia Hughes, a representative, spoke on behalf of Mohave Chapter of Daughter's of the American Revolution, thanking Council for the proclamation celebrating the 221St signing of the constitution. Recognizing Dr. Fred Zandpour on receiving the Small Business Administration 2008 Director's Award Recognizing the Anaheim Evening Optimist Club on its 60th Anniversary City Council Minutes of September 16, 2008 Page 5 of 13 Nancy Carlberg, President, thanked Council for honoring the organization stating it was one of the oldest clubs nationwide. Proclaiming September 2008 as National Preparedness Month Recognizing KPMG and the Volunteer Center for their service to the Anaheim community Will be presented on September 30, 2008 agenda. Recognizing the CERT graduates Will be presented on September 30, 2008 agenda. At 6:15 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency and Anaheim Housing Authority (in joint session with the Anaheim City Council). ADDITIONS/DELETIONS TO THE AGENDAS: Staff requested Agency Item No. 6 and the related Housing Authority Item No. 9 be continued to September 30, 2008 and that Public Hearing Item No. 52, be withdrawn. PUBLIC COMMENTS (all items except public hearing): William Fitzgerald, resident, addressed his comments to issues in relation to Disneyland fireworks displays and Council's inactivity regarding same. Joanne Carpatuni, ACE, announced 200 volunteers would be walking the neighborhood of Jack's Market on East Street to interface with residents regarding graffiti on Saturday, September 20th and invited the community to participate. Mike Anderson, director of anon-profit afterschool program, remarked his organization would participate in the ACE neighborhood walk on September 20tH Jeffrey Wilton, resident, expressed concern over a cement plant located near his home and close to the Betsy Ross School asking how a cement plant could be allowed to operate in a residential neighborhood. Mayor Pringle requested staff prepare a detailed report on this matter for Council's information and to provide that information to Mr. Wilton as well. Tracy Fullman, resident, opposed a low income housing project proposed in her neighborhood on Clearbrook Lane citing athree-story building was replacing an existing single story complex and would cause overflow parking and other safety concerns in a residential neighborhood overwhelmed by apartment complexes. Jackie Huntington, resident of Clearbrook Lane, also opposed this development citing safety, increased traffic and loss of privacy. Amin David, ACE, invited the community to participate in the neighborhood walk taking place on September 20th, with the goal of alleviating graffiti. Larry Rosenberg, Anaheim Performing Arts Center Foundation, remarked all of the entities participating in citing a world class performing arts center in the City, were still involved in bringing the arts to Anaheim. He announced the Anaheim Ballet would be hosting an event in Pearson Park on Saturday, September 20th City Council Minutes of September 16, 2008 Page 6 of 13 Mary Aike, resident, spoke in opposition to the three story affordable housing complex proposed near her home citing spillover parking concerns for her street which was already surrounding by apartment complexes. Referring to earlier public comments on the affordable housing project located near Clearbrook Lane, Mayor Pringle asked Planning Director Sheri Vander Dussen if there had been a zone change on this site in order to construct the project. Ms. Vander Dussen remarked the project was fully consistent with zoning regulations in a multi- family zone allowing 18 units per acre. She added the site was 1.89 acres and the developer used the density bonus ordinance in order to build the low income project. Mayor Pringle asked if this project had been before the Planning Commission or the Council and Ms. Vander Dussen responded that pursuant to the zoning code, it was not required to be reviewed by the Planning Commission because of the level of incentives the developer requested. Mayor Pringle confirmed the developer did not seek City support to build the project. He requested a full update for Council on this property, and recommended the developer meet with residents in the neighborhood to allow them to express their concerns. Community Development Executive Director, Elisa Stipkovich added that because this was a density bonus project and required affordable rents, the Community Development Department would have to enter into an agreement with the developer. Part of that process would give the City the ability to look at the design as it related to affordable housing design guidelines and would also address occupancy limits and adequate on- site management and maintenance. Mayor Pringle requested the department not enter into the agreement until there was a meeting with staff and/or the community. Item No. 76 presented after public comments. 16. Approve and authorize the Chief of Police to execute the Agreement to Defend, 5314 Indemnify, Hold Harmless, and Release with Officer Brian Leist for the transfer of ownership of retired Police Canine "Kaiser". Dave Morgan, City Manager, remarked when a police canine retired, that ownership was transferred to the officer that worked with that dog over those years. Officer Leist stated that Kaiser had faithfully worked for the City for seven years, two years longer than most canines in the program, and spoke of the benefits the City derived from its K-9 division. At 6:48 P.M., Mayor Pringle recessed the Council session to consider the Redevelopment Agency and Housing Authority agendas, reconvening the agenda at 6:50 p.m. CONSENT CALENDAR: Council Member Hernandez removed Item No's. 35 and 49 from the consent calendar and Council Member Kring removed Item No. 48. Council Member Sidhu 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 Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. 11. Receive and file minutes of the Park and *Recreation Commission of June 25, B105 2008; Golf Commission meeting of June 26, 2008; Housing and Community Development Commission meeting of July 2, 2008 and Public Library Board meetings of July 14, 2008 and August 11, 2008. City Council Minutes of September 16, 2008 Page 7 of 13 12. Award the contract to the lowest responsible bidder, Republic Intelligent 5312 Transportation Services, Inc., in the amount of $154,400, for the La Palma Avenue Intelligent Transportation System Improvements Phase I -Woodland to Harbor Project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 13. Accept the lowest responsive bid of Areva T & D, Inc., in the amount of D180 $453,627.50, for the purchase of ten 72.5 kV circuit breakers for the Utilities Department, in accordance with Bid # 7130. 14. Waive the sealed bidding requirement of Council Policy 4.0 and approve the D180 renewal of a two-year Master Agreement with SmartSynch, Inc., in an amount not to exceed $112,500 per year, for electric meter satellite and cellular communication charges for the Public Utilities Department. 15. Waive Council Policy 4.0 and authorize the Chief of Police to execute and 5313 administer an agreement with LeadsOnline, LLC to provide a nationwide database for pawn/secondhand dealer and metal recycling/junk dealer businesses within the City to record their daily transactions. Item No. 76 presented after public comments. 16. Approve and authorize the Chief of Police to execute the Agreement to Defend, 5314 Indemnify, Hold Harmless, and Release with Officer Brian Leist for the transfer of ownership of retired Police Canine "Kaiser". Dave Morgan, City Manager, remarked when a police canine retires, that ownership was transferred to the officer That worked with that dog over the years. Officer Leist remarked That Kaiser had faithfully worked for the City for seven years and in general extolled fhe benefits of the K-9 division. 17. Approve an Exclusive Negotiation Agreement with Disney GOALS, Inc. to 5315 explore the feasibility of a Youth Sports Complex Site Project at 1170 N. La Palma Parkway for underprivileged area youth. 18. Approve and authorize the Director of Community Services to execute an 4708.1 Amended and Restated Cooperation Agreement (Park Fee Credits) dated as of September 1, 2008 with the Redevelopment Agency and approve the conceptual design for the public park to be developed within the Colony Park residential development (Related to Agency Item No. 05). 19. Approve revisions to the HOME Investment Partnerships Homebuyer Down D155 Payment Assistance Program and reprogram $1.9 million of HOME funds to provide assistance to low-income households. 20. Approve Amendment No. 1 to the Agreement with Geomatrix Consultants, Inc. to 4763.1 change the company name to AMEC Geomatrix, Inc., with all other terms and conditions of the original agreement shall remain the same. City Council Minutes of September 16, 2008 Page 9 of 13 31. Approve the proposed Five-Year Underground Conversion Plan for Fiscal Years D182 2008/09 to 2012/13. 32. Approve the 2009 Health and Welfare Plan Rates and authorize the Human D154 Resources Director to execute all required provider agreements on behalf of the City. 33. RESOLUTION NO. 2008-152 A RESOLUTION OF THE CITY COUNCIL OF D154 THE CITY OF ANAHEIM amending Resolution No. 92R-17 which established personnel rules for management, confidential and non-represented part-time classifications. 34. RESOLUTION NO. 2008-153 A RESOLUTION OF THE CITY COUNCIL OF D175 THE CITY OF ANAHEIM (i) reissuing a proclamation of the existence of a local emergency in the City of Anaheim as heretofore proclaimed by the Director of Emergency Services of the City of Anaheim and ratified by City Council Resolution No. 2005-17, and (ii) determining that the need for continuing the local emergency exists. 36. RESOLUTION NO. 2008-155 A RESOLUTION OF THE CITY COUNCIL OF Di82 THE CITY OF ANAHEIM declaring its official intent to reimburse certain electric utility fund expenditures from the proceeds of bonds or other obligations and authorize and direct the Public Utilities Department's Assistant General Manager - Finance and Administration, for and in the name of the City of Anaheim, to take certain actions necessary to reimburse the electric utility fund. 37. RESOLUTION NO. 2008-156 A RESOLUTION OF THE CITY COUNCIL OF F130.4 THE CITY OF ANAHEIM declaring its intention to amend the franchise with Mobil Oil Corporation for the right to maintain and operate a system of pipelines for oil, gas and other substances in a portion of Jefferson Street and establishing a time and date of a public hearing to consider such franchise amendment (Proposed public hearing scheduled for October 14, 2008). 38. RESOLUTION NO. 2008-157 A RESOLUTION OF THE CITY COUNCIL OF D175 THE CITY OF ANAHEIM establishing Permit-Eligible Parking District No. 2 (Kenmore Skywood Area). 39. RESOLUTION NO. 2008-158 A RESOLUTION OF THE CITY COUNCIL OF D175 THE CITY OF ANAHEIM requesting the State of California, acting by and through its Department of Transportation ("Caltrans"), to allocate $2,800,000 Measure M Construction Capital Cost Funds to City of Anaheim for damages to City streets during the Interstate 5 Widening Project. 40. RESOLUTION NO. 2008-159 A RESOLUTION OF THE CITY COUNCIL OF P110 THE CITY OF ANAHEIM vacating a portion of public utility easement located at 162 North Maude Lane pursuant to California Streets and Highway Code Section 8330, et seq.- Summary Vacation (Abandonment No. ABA2008-00185). City Council Minutes of September 16, 2008 Page 10 of 13 41. RESOLUTION NO. 2008-160 A RESOLUTION OF THE CITY COUNCIL OF P110 THE CITY OF ANAHEIM vacating a portion of public utility easement located at 150 North Riverview Drive pursuant to California Streets and Highway Code section 8330, et seq. -Summary Vacation. (Abandonment No. ABA 2008- 00186 ). 42. RESOLUTION NO. 2008-161 A RESOLUTION OF THE CITY COUNCIL OF Pi78 THE CITY OF ANAHEIM accepting irrevocable offers of dedication of certain property and/or facilities (Tract Map Nos. 13458 and 16492). 43. RESOLUTION NO. 2008-162 A RESOLUTION OF THE CITY COUNCIL OF Pi24 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein. (City Deed Nos. 11125, 11158, 11166, 11167, 11168 and 11169). 44. RESOLUTION NO. 2008-163 A RESOLUTION OF THE CITY COUNCIL OF P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein. (City Deed Nos. 11159, 11161, 11162, 11163, 11165, 11171, 11172, 11173, 11174, 11175, 11176, 11177, 11178). 45. RESOLUTION NO. 2008-164 A RESOLUTION OF THE CITY COUNCIL OF D155 THE CITY OF ANAHEIM (I) authorizing the submittal of an application to the California State Department of Housing and Community Development for funding under the BEGIN Program for the affordable housing project located at 435 West Center Street, (II) if selected for such funding, authorizing the execution of a standard agreement, any amendments thereto and any related documents necessary to participate in the BEGIN Program, and (III) if selected for such funding, amending the budget for Fiscal Year 2008-09 accordingly. 46. RESOLUTION NO. 2008-165 A RESOLUTION OF THE CITY COUNCIL OF D124 THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Convention Center). 47. ORDINANCE NO. 6111 (ADOPTION) OF AN ORDINANCE OF THE CITY OF C280 ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2008-00217; 8300 and 8306 East La Palma Avenue; Introduced at Council meeting of August 12, 2008, Item No. 16). 50. Approve minutes of the Council meetings of August 5, 2008 and August 12, 2008. END OF CONSENT: 35. RESOLUTION NO. 2008-154 A RESOLUTION OF THE CITY COUNCIL OF D182 THE CITY OF ANAHEIM implementing voluntary water conservation measures (Continued from August 12, 2008 Council meeting, Item No. 11 }. Marcie Edwards, Public Utilities General Manager, stated Council's action on this resolution would establish voluntary water conservation measures and heighten public City Council Minutes of September 16, 2008 Page 11 of 13 awareness in the drought situation and what could be done to help conserve water. She added support from other City departments had been received in following guidelines and in finding ways to save more water. She indicated the voluntary conservation measures included refraining from washing sidewalks and other paved surfaces except where necessary for public health and safety, promptly preparing plumbing leaks including sprinkler systems, and not allowing large amounts of water to run off landscaped areas, adjusting landscape watering according to weather conditions to avoid excess usage and limiting landscaping water between the hours of 10 a.m. and 5:00 p.m. These common sense actions, she emphasized, if consistently used by customers would make a significant impact in saving water. She pointed out over 60 percent of the City's water use was for landscaping and it was in that area that the greatest savings could be made. Council Member Hernandez remarked this effort tied in with Item No. 48 authorizing the use of artificial turf and he supported education of the public on the need to conserve water voluntarily rather than having it mandated and moved to approve Resolution No. 2008-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM implementing voluntary water conservation measures, seconded by Council Member Kring. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 48. ORDINANCE NO. 6113 (INTRODUCTION) OF AN ORDINANCE OF THE C280 CITY OF ANAHEIM amending Subsection .010 of Section 18.46.055 of Chapter 18.46 of Title 18 of the Anaheim Municipal Code (Zoning Code Amendment No. 2008-00067). Council Member Kring pulled this item from the consent calendar in order to emphasize that currently the Municipal Code allowed for 50 percent of landscaping being artificial grass, and this law would permit 100 percent artificial turf which would help with water conservation measures. Mayor Pringle pointed out certain artificial turf had been developed which now simulated the look of grass. Council Member Kring moved to introduce Ordinance No. 6113; Council Member Hernandez seconded. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 49. ORDINANCE NO. 6114 (INTRODUCTION) AN ORDINANCE OF THE CITY M142 OF ANAHEIM amending sections 14.32.320, 14.32.510, 14.32.520, and 14.32.530 of Chapter 14.32 of Title 14 of the Anaheim Municipal Code relating to parking citations. Deputy Police Chief, Craig Hunter remarked this item was a request by the Police Department for modification of the Anaheim Municipal Code to allow volunteers in service to the Police Department to issue certain parking violations throughout the City. One of the initiatives of the Police Department, he explained, was to civilianize as many positions as possible and to use volunteers whenever practical and safe pointing out this program had been used successfully in other cites. Council Member Hernandez was supportive of this effort but expressed concern that senior volunteers could be faced with aggressive parking violators. Deputy Chief Hunter responded that not all volunteers would participate, but that through extensive training, that concern would be handled. City Council Minutes of September 16, 2008 Page 8 of 13 21. Approve Amendment No. 2 to the Agreement with Jeff Katz Architecture for 4262.2 consultant services to provide modifications to design drawings for the Fire Station No. 12 project and increase the Department of Public Works' expenditure appropriation for FY 2008/2009 by $26,500. 22. Approve the Cooperative Agreement with the Orange County Transportation 5316 Authority to conduct the Alternatives Analysis, NEPA and CEQA environmental compliance for the construction and operation of a fixed guideway system linking ARTIC to Platinum Triangle and the Anaheim Resort and increase the Department of Public Works revenue and expenditure appropriation by $5.9 million for FY 2008/09. 23. Approve the engineering services agreement with CH2MHill, Inc., in an amount 5317 not to exceed $240,000, for the Master Plan of Storm Drainage for Carbon Creek, Fullerton and Moody Channel Tributary Areas Study. 24. Approve and authorize the Director of Public Works to execute Contract Change 4969.0.1 Order No. 1 to the agreement with Sukut Construction, Inc., in the amount of $725,000, for the Walnut Canyon Reservoir Rehabilitation Project. 25. Approve the Agreement for Acquisition of Mobile Home Improvements with 5318 Plantation Mobile Estates, in the amount of $15,900, for one mobile home located at 1835 South Manchester Avenue, Space No. 69, for the Gene Autry Way (West)/I-5 Freeway Highway Project. 26. Approve an agreement with The Planning Center, in an amount not to exceed 5319 $120,700, authorizing the preparation of an Environmental Impact Report for the Deer Canyon Estates project. 27. Approve an agreement with Central Parking System, Inc. for the management of 5320 the self-park operation at the enclosed parking structure known as Carpark 2 (adjacent to the Hilton Anaheim and immediately south of Convention Center Carpark 1). 28. Amend the FY 2007/08 budget by increasing appropriations in the City Attorney's D106 Office by $26,000 and the Convention, Sports, and Entertainment Department by $248, 000. 29. Waive Council Policy 401 and approve and authorize the Public Utilities General 5049.1 Manager to execute the First Amendment to Consulting Services Agreement with Utility System Efficiencies, Inc., increasing the existing agreement by an additional $83,000, for continued assistance to ensure compliance with standards implemented by the North American Electric Reliability Corporation. 30. Approve and authorize the Public Utilities General Manager to execute the Joint 5321 Trench Agreement with Pacific Bell Telephone Company dba AT&T California to facilitate joint trench construction and cost sharing for work within Underground District No. 55 -Lincoln/Rio Vista. City Council Minutes of September 16, 2008 Page 12 of 13 Council Member Hernandez moved to introduce Ordinance No. 6114, seconded by Council Member Kring. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. PUBLIC HEARINGS: 51. Consider approval of the Police Department's Expenditure Plan for the FY D160 2008/09 Supplemental Law Enforcement Services Fund (SLESF) award from the State budget. Deputy Police Chief Hunter reported this item was to expend state grant monies under the SLESF grant program. The Department would expend approximately $700,000 with the vast majority of the monies going to full-time and part-time positions and a smaller portion towards other operating costs. Mayor Pringle opened the public hearing for comment and receiving none, closed the hearing. Council Member Kring to approve the Expenditure Plan for FY 2008/09 SLESF, seconded by Council Member Sidhu. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.; 52. Public hearing withdrawn by staff. CEQA NEGATIVE DECLARATION RECLASSIFICATION NO. 2008-00218 OWNER: Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805 AGENT: Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805 LOCATION: 2748 West Lincoln Avenue: This property is approximately 1.7 acres, having a frontage of 125 feet on the south side of Lincoln Avenue and approximately 669 feet east of the centerline of Dale Street. Request to reclassify the property from the General Commercial (C-G) zone to the Multiple-Family Residential (RM-4) zone. ACTION TAKEN BY THE PLANNING COMMISSION: Motion to approve Reclassification No. 2008-00218. VOTE: 3-3. Motion failed. (Commissioner Eastman absent; Commissioners Buffa, Faessel and Romero voted no). Motion to refer matter to City Council. VOTE: 6-0. (Commissioner Eastman absent). Report on Closed Session Actions: None Council Communications: Council Member Hernandez congratulated the US Olympic Volleyball Team on winning the Gold Medal at the 2008 Summer Olympics and also congratulated Bruno Serato on receiving the eighth star on the Anaheim/Orange County Walk of Stars. City Council Minutes of September 16, 2008 Page 13 of 13 Council Member Galloway announced Anaheim Community Engagement coalition (ACE) in conjunction with the Anaheim Graffiti Task Force would be conducting a community event to address gang graffiti on September 20th in the area of Jack's Market at 401 North East Street. She added a community fair would be held that same day to offer programs and activities for preteens and teens. Council Member Kring also congratulated the US Men's Volleyball Team and Bruno Serato. She also spoke of her participation in the Paint Your Hearth Out gala hosted by Bruno Serato and requested staff to look into the City's current massage ordinance as it related to foot reflexology. Council Member Sidhu announced City Treasurer, Hank Stern, had received the Written Investment Policy Certification from the Association of Public Treasurers and congratulated the Anaheim Angel's, Division Champions. Mayor Pringle requested staff review the street sweeping policy as it related to holidays and schedule for discussion on a future agenda. He commented on the Anaheim 300 bowling event fundraiser held in August and announced the Inside Africa exhibit coming to the Muzeo on October 5th. He also reported on his attendance at the Habitat for Humanity and the Village of Hope events and discussed new and proposed Fair Political Practice Commission regulations. Adjournment: At 7:59 P.M., Mayor Pringle adjourned the September 16, 2008 Council. Resp Ily submitt d, inda N. Andal, CMC City Clerk