2012/03/20ANAHEIM CITY COUNCIL REGULAR ADJOURNED MEETING OF
MARCH 6, 2 012 HELD ON MARCH 20, 2012
The March 20, 2012 regular meeting of the Anaheim City Council was called to order at 3:00
P.M. and adjourned to 4:30 P.M. for lack of a quorum. Mayor Tait called the regular adjourned
meeting of March 20, 2012 to order at 4:34 P.M. in the East Anaheim Gymnasium located at
8165 E. Santa Ana Canyon Road.
PRESENT: Mayor Tom Tait, Council Members Gail Eastman, Lord Galloway, Kris Murray and
Harry Sidhu
STAFF PRESENT: Acting City Manager Bob Wingenroth, City Attorney Cristina Talley, and
City Clerk Linda Andal
ADDITIONS /DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS:
William Fitzgerald, Anaheim Home, commented on litigation against the hotel development
agreement approved for the GardenWalk center.
Brian Chichua, resident, also objected to the development agreement, remarking it was bad
politics and the public had shown it was not in support of the tax incentive.
Joanne Sosa announced a newly established coalition called "Take Back Anaheim" whose
members were exploring the feasibility of a ballot initiative and other actions opposed to the
GardenWalk hotel development agreement.
At 4:41 P.M., Council recessed to closed session for consideration of the following items:
CLOSED SESSION:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 5496.9 of the Government Code)
Name of Case: Orange County Communities Organized for Responsible Development
et al. v. City of Anaheim et al., Orange County Superior Court, Case No. 00549175
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 5496.9 of the Government Code)
Name of Case: Pack v. Superior Court, et al., California Supreme Court, Case No.
S197169
At 5:15 P.M., Council returned from closed session.
Invocation: Pastor Gregory Douglass, Native American United Methodist Church
Fla Salute: Council Member Kris Murray
Council Minutes of Meeting Held on March 20, 2012
Page 2 of 8
Acceptance of Other Recognitions (To be presented at a Hater date):
Proclaiming April 23 - 27, as Tree Appreciation Week
At 5:20 P.M., Mayor Tait called to order the Anaheim Housing Authority (in joint session with the
City Council).
ADDITIONS /DELETIONS TO THE AGENDAS: None
PUBLIC COMMENTS (all agenda items, except public hearings):
James Robert Reade, resident, expressed concern over local gangs disregard for human life
and destruction of private property due to endless graffiti vandalism.
Tony Siragusa announced the Anaheim Hills Rotary Club, in an effort to give back to the
community, would construct two monuments for the East Anaheim Community Center to honor
Anaheim's police and fire personnel and those residents who served in the military.
Roy Jefferson, Anaheim Hills Rotary Club, announced an Easter egg hunt scheduled for Ronald
Reagan Park on March 31S inviting the community to attend. He added the Rotary Club was
interested in placing a sign for the announcement of important events for Anaheim Hills and
hoped the City would assist the Rotary Club in finding a suitable place.
William Fitzgerald, Anaheim Home, strongly criticized the GardenWalk development agreement.
Ron Pinochet, resident, thanked Glover Stadium staff for readying the field for the Loara High
School 34 annual baseball tournament. He also raised an objection to the GardenWalk
development and felt the change of venue for the Council meetings was unnecessary.
An American Cancer Society representative presented a certificate of award for the City's
participation in the 2011 Relay for Life. She discussed a new program in the planning stages
called "Mayors for Cancer ", in which the American Cancer Society would work in partnership
with local jurisdictions to bring cancer awareness to communities and announced the 2012
Relay for Life fund- raiser scheduled for May 19 at Canyon High School.
John Leos, resident, voiced his opposition to the GardenWalk development and his
disappointment that the public would not have an opportunity to vote on this issue.
Larry Larson reported on the death of a young man at Sycamore High School and its ties to
major crime. He urged the City get more involved in inner city youth problems.
Tom Cataldo, Better Vision Children's Foundation, offered statistics on lazy eye and eye cancer
which could be detected at an early age to prevent damage or lifelong blindness. He reported
Sweden and the state of Massachusetts already mandated prescreening for children and
encouraged Anaheim to consider offering this opportunity to its residents as well.
Paul Beckman remarked the East Anaheim District Council was having difficulty in reaching its
funding objective for the annual Peralta Park fireworks and entertainment event and had
partnered with the Chamber of Commerce in an effort to reach that goal.
Council Minutes of Meeting Held on March 20, 2012
Page 3 of 8
David Diaz, Central Anaheim Neighborhood District, announced the first historical Anaheim
outdoor flea market to be held in Downtown Anaheim every fourth Sunday. He encouraged the
community to visit the 85 regional and out -of -state vendors participating in the event.
Joanne Sosa, Take Back Anaheim, announced her organization was comprised of residents
and activists who would continue to speak out and take action against the GardenWalk
development agreement.
Richard Oakwen, resident, announced a Caesar Chavez celebration scheduled for March 31
He also addressed the impacts the City would continue to face with on -going opposition to the
GardenWalk development, hoping some resolution could be reached.
Brian Chichua, resident, questioned whether other hotels in Anaheim were objecting to transient
occupancy tax as a result of the recently approved development incentive agreement.
At 5:52 P.M., City Council Session was recessed to consider the Housing Authority agenda and
reconvened at 6:00 P.M.
CONSENT CALENDAR: Mayor Tait stated he would record an abstention on Item Nos. 14 and
17 as his firm had worked with the entities involved. Council Member Galloway waived reading
in full of all ordinances and resolutions and to adopt the consent calendar as presented,
seconded by Council Member Eastman. Roll Call Vote: Ayes — 5 (Mayor Tait and Council
Members: Eastman, Galloway, Murray and Sidhu). Noes — 0. Motion Carried.
D117 2. Approve the Investment Portfolio Report for February 2012.
3. Authorize the Anaheim Fire Department, as a sub - grantee to the County of Orange, to
receive $194,159 of fiscal year 2009 State Homeland Security Grant Program funding
D129 for the purchase of first responder water rescue personal protective equipment, increase
the Fire Department's fiscal year 2011/12 appropriations accordingly, and authorize the
Purchasing Agent to award Bid #7611 to the lowest responsive and responsible bidder
immediately upon evaluation of bids to meet the March 30, 2012 spending deadline of
this grant funding.
4. Accept the 2011 Annual Housing Element Progress Report and direct staff to submit the
D155 report to the Governor's Office of Planning and Research and the California Department
of Housing and Community Development.
5. Accept the lowest responsive bid and approve the agreement with Marina Landscape,
AGR -7141 Inc., in the amount of $404,900, for citywide outdoor maintenance services for a one
year period, with four one -year optional renewals, and authorize the Purchasing Agent to
execute the renewal options, in accordance with Bid #7598.
6. Award the contract to the lowest responsible bidder, Black Rock Construction, in the
amount of $60,000.50, for the Lincoln Avenue Median Improvements from 275 feet east
AGR -7142 of Knott Avenue to Knott Avenue and authorize the Finance Director to execute the
Escrow Agreement pertaining to contract retentions.
7. Award the contract to the lowest responsible bidder, New Act Construction, Inc., in the
AGR -7143 amount of $209,048, for the Water Disinfectant (Sodium Hypochlorite) Storage Facility
Council Minutes of Meeting Held on March 20, 2012
Page 4 of 6
Project and authorize the Finance Director to execute the Escrow Agreement pertaining
to contract retentions.
8. Adopt the updated Mission Statement and Policies for Wholesale Energy Risk
D182 Management Program.
9. Accept the proposals and approve agreements with Group Delta Consultants, Inc.,
AGR -7144 Kleinfelder West, Inc., MTGL, Inc., Signet Testing Labs, Inc, and Twining, Inc., to
AGR -7145 provide soils testing, materials testing and certified deputy building inspection services
AGR -7146 for capital improvement projects for a one year period, with three one -year optional
AGR -7147 renewals.
AGR -7148
10.
Approve a Music License for Local Government Entities with Broadcast Music, Inc., to
cover performances or musical materials at city -owned facilities and authorize the
AGR -7149
Director of Community Services, or his designee, to approve annual renewals of this
License, provided the license fee does not increase by more than the increase in the
Consumer Price Index for the Los Angeles, Riverside, and Orange County areas.
11.
Approve an Assignment arrd Assumption Agreement with Winzler & Kelly and GHD, Inc.,
AGR - 6338.0.1
consenting to the assignment of an existing agreement with Winzler & Kelly to GHD,
Inc., to provide on -call professional civil engineering services.
12.
Approve an agreement with Anaheim Family YMCA to utilize the Canyon High School
AGR- 6724.A
pool to conduct public swim lessons for the residents of Anaheim on behalf of the city.
13.
Approve Amendment No. 1 to Parking Agreement with the Orange County
AGR- 1460.II.A.1
Transportation Authority for parking at the Honda Center, extending the term of the lease
on a month -to -month basis.
14.
Approve and authorize the Public Utilities General Manager to execute and take such
actions as are required to implement and administer the Amended and Restated Second
Amended San Onofre Operating Agreement and any other related documents with
AGR - 1694.1.2.1
Southern California Edison Company (SCE), San Diego Gas & Electric Company, and
the City of Riverside, and authorize the General Manager to execute further
amendments to the Operating Agreement that are consistent with and necessary or
advisable to ensure Anaheim's rights and obligations under the Settlement Agreement
between Anaheim and SCE and are enforceable as determined by the City Attorney's
Office.
Abstention recorded by Mayor Tait. Vote: Ayes — 4: (Council Members: Eastman, Galloway,
Murray and Sidhu). Noes — 0. Abstention — 1: Mayor Tait. Item No. 14 approved.
15. RESOLUTION NO. 2012 -022 A RESOLUTION OF THE CITY COUNCIL OF
R100 THE CITY OF ANAHEIM authorizing the destruction of certain City records more than
two years old (Police Department).
16. RESOLUTION NO. 2012 -023 A RESOLUTION OF THE CITY COUNCIL OF
P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
certain real property or interests therein (City Deed No. 11450).
Council Minutes of Meeting Held on March 20, 2012
Page 5 of 8
17. RESOLUTION NO. 2012 -024 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the Director of Public Works to submit a request,
D175 on behalf of the City of Anaheim, to the Orange County Transportation Authority to re-
appropriate allocated current fiscal year 2011/12 renewed Measure M funding to fiscal
year 2012/13 for the Tustin Avenue /La Palma Avenue Improvement Project.
Abstention recorded by Mayor Tait. Vote: Ayes — 4: (Council Members: Eastman, Galloway,
Murray and Sidhu). Noes — 0. Abstention — 1: Mayor Tait. Item No. 17 approved.
18. RESOLUTION NO. 2012 -025 A RESOLUTION OF THE CITY COUNCIL OF
D154 THE CITY OF ANAHEIM amending Resolution No. 2006 -032 for the purpose of
modifying those classifications designated as Police Safety Management.
19. Approve minutes of the Council meeting of February 28, 2012.
B105
END OF CONSENT CALENDAR:
20. Consider an appointment to fill an unscheduled vacancy on the Planning Commission to
a term ending June 30, 2013 (Todd Ament).
Planning Commission:
Appointment: Paul Bostwick
Council Member Eastman nominated Paul Bostwick to the Planning Commission. With no other
nominees offered, Mr. Bostwick was unanimously appointed.
PUBLIC HEARINGS:
21. This is public hearing to consider a resolution for acquisition of portions of property
located at 1011 North Tustin Avenue for the purposes of the Tustin Avenue and La
P121 Palma Avenue Improvement Project.
RESOLUTION NO. 2012 -026 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of
portions of property located at 1011 North Tustin Avenue for the purposes of the Tustin
Avenue and La Palma Avenue Improvement Project (R/W ACQ 2010 - 00379).
Mayor Tait announced his firm had worked with Home Depot in the recent past; therefore, he
would declare a potential conflict of interest on this matter and left the dais. Mayor Pro Tern
Galloway took over the meeting, requesting a staff report.
Natalie Meeks, Public Works Director, reported Item No. 21 was for the acquisition of right -of-
way necessary for the construction of the Tustin Avenue and La Palma Avenue improvements,
a project to relieve congestion by more effectively accommodating existing and future traffic
volumes on Tustin and La Palma with the secondary purpose of enhancing street aesthetics.
The proposed acquisition, she explained, consisted of three parts: a permanent wall easement
or maintenance easement, a temporary access easement and a temporary construction
easement. Ms. Meeks added that a letter had been received on March 20th confirming the City
was close to settlement for the acquisition property, however, the property owner felt it was
important to reserve their objections in the event settlement negotiations could not be finalized.
Council Minutes of Meeting Held on March 20, 2012
Page 6 of 8
Ms. Meeks recommended Council adopt the resolution of necessity to move this project forward
as the timing for the construction of the project was critical to meet funding requirements and to
meet the traffic needs once Kaiser Permanente Medical Center opened, adding that staff would
continue to work with property owner to reach settlement.
City Clerk Linda Andal explained the public hearing would be limited to testimony as to whether:
1) the public interests and necessity required the project; 2) whether the project was planned or
located in a manner most compatible with the greatest public good and the least private injury;
3) whether the property proposed to be acquired was necessary for the project; and 4) whether
the offer required by Government Code Sec 7627.2 had been given to the owners of record.
Mayor Pro Tem Galloway requested the property owner or representatives speak on behalf of
the project. With no comments offered, Mayor Pro Tem Galloway opened the hearing for any
public comments.
William Fitzgerald, Anaheim Home, objected to the acquisition of private property, stating the
Kraemer exit would provide the greater public good and least injury to private property while the
property proposed to be acquired was not necessary for this project.
With no other comments offered, Mayor Pro Tem Galloway closed the public hearing.
Council Member Eastman moved to approve RESOLUTION NO. 2012 -026 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and
necessity for acquisition of portions of property located at 1011 North Tustin Avenue for the
purposes of the Tustin Avenue and La Palma Avenue Improvement Project, seconded by
Council Member Sidhu. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Galloway and Council
Members: Eastman, Murray and Sidhu). Noes — 0. Abstention — 1: Mayor Tait. Motion Carried.
22. This is a public hearing to consider a resolution approving the issuance of revenue
bonds by the California Statewide Communities Development Authority, in an aggregate
amount not to exceed $2,000,000,000 for the Kaiser Permanente project.
RESOLUTION NO. 2012 -027 A RESOLUTION OF THE CITY COUNCIL OF
6137.1 THE CITY OF ANAHEIM approving the issuance of the California Statewide
Communities Development Authority revenue bonds (Kaiser Permanente) Series 2012
in an aggregate amount not to exceed $2,000,000,000 for the purpose of financing or
refinancing the acquisition, construction, improvement, equipping, renovation,
rehabilitation, remodeling and other capital projects of certain health facilities and certain
matters relating thereto.
Deborah Moreno, Acting Finance Director, reported the California Statewide Communities
Development Authority ( CSCDA) requested the City hold a public hearing on behalf of Kaiser
Foundation Hospitals in order to issue tax exempt bonds. This hearing would provide an
opportunity for members of the community to speak in favor or against the use of tax exempt
bonds for financing of the Kaiser Permanente facility in Anaheim. She added this was conduit
financing, where the bonds were issued as a limited obligation of CSCDA and not of the City of
Anaheim and payable solely out of revenues and receipts derived from the loan made by
CSCDA to Kaiser Permanente.
Mayor Tait opened the public hearing for comments.
Council Minutes of Meeting Held on March 20, 2012
Page 7 of 8
William Fitzgerald, Anaheim Home, opposed the issuance of revenue bonds by CSCDA for the
Kaiser Permanente project.
Ron Pinochet, resident, wondered why action was needed by the City for a $2 billion bond
issuance and what would happen to Kaiser Permanente if the City took no action.
With no other comments offered, Mayor Tait closed the public hearing.
Council Member Eastman asked for a more detailed explanation. Ms. Moreno responded it was
a requirement by the Internal Revenue Code that local jurisdictions hold a hearing to allow
comments for the use of tax exempt bonds and since Anaheim was the local jurisdiction, its only
obligation regarding these bonds was to provide for public comment on their use. This
transaction, she pointed out, was between Kaiser Foundation Hospitals and CSCDA and the
bonds would be paid by Kaiser with no potential liability to the city.
Mayor Pro Tern Galloway moved to approve RESOLUTION NO. 2012 -027 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the issuance of the California
Statewide Communities Development Authority revenue bonds (Kaiser Permanente) Series
2012 in an aggregate amount not to exceed $2,000,000,000 for the purpose of financing or
refinancing the acquisition, construction, improvement, equipping, renovation, rehabilitation,
remodeling and other capital projects of certain health facilities and certain matters relating
thereto, seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and
Council Members: Eastman, Galloway, Murray and Sidhu). Noes — 0. Motion Carried.
Report on Closed Session Actions:
City Attorney Cristina Talley reported Council authorized the City Attorney's Office to participate
in the preparation of an amicus brief in the case of Pack v. Superior Court, now before the
California Supreme Court
Council Communications:
Council Member Murray thanked the community for attending the first off -site Council meeting,
noting that the next remote site would be held in West Anaheim. She requested the city
manager and city clerk conduct an internal review of policies and to ensure council deliberations
and actions, related to agenda setting and parliamentary procedures reflected and were
consistent with the provisions of Robert's Rules of Order and the City Charter. She also
requested staff provide monthly updates on the ARTIC project and further requested no
changes to the project be made until Council had been advised of those changes. In addition,
for the next fiscal year 2012/13 budget, Council Member Murray asked that prioritization be
given to Fire and Police Services. She reminded the community of the annual Boys and Girls
Club Gala fund- raiser being held this weekend.
Mayor Pro Tern Galloway also thanked the community for attending Council's first remote
location. She reported traveling to Washington, D.C. fast week to represent the City at the
National League of Cities, where she focused on transportation issues and federal support of
those transportation programs both locally and regionally. She recognized City employee
Michael Zazoya, Recreation Services Specialist of the East Anaheim Gymnasium.
Council Member Sidhu requested the City Manager, City Attorney and the City Clerk develop an
Open Disclosure Act that would provide honest and accountable city sponsorships which would
prohibit council members and city appointed officials from providing taxpayer funding to sponsor
Council Minutes of Meeting Held on March 20, 2012
Page 8 of 8
an event for any organization in which they were employed. He, along with Council Member
Eastman, had attended the FIRST Program, a robotics competition at the Long Beach Arena
and looked forward to having Servite participants honored at a future Council meeting. He
announced the Enterprise Zone workshop to be held on March 26 the North Orange County
Job Fair held at the Brea Community Center on March 29 the Central Orange County Job Fair
to be held at the Fountain Valley Recreation Center on April 11 the Job Fair readiness
workshop on March 23 and 30 and the Anaheim OC Job Fair scheduled for June 13
Council Member Eastman asked staff to research the Better Vision for Children program to
determine whether it was applicable and/or appropriate for Anaheim. She thanked the public for
attending this meeting, remarking her door was always open and she appreciated public input
on any topics.
Mayor Tait reported he would be traveling to San Jose for a meeting with mayors of the ten
largest California cities to discuss a variety of issues, including pension relief. He also reported
the Meals on Wheels program was contemplating closing at the end of this month, after
providing services for 40 years, solely because volunteer organizers to oversee the program
were needed. He urged community members to consider volunteering. He also requested the
City Manager look into a program that would allow citizens to text crime reports.
Adjournment:
At 6:46 P.M., with no other business to conduct, Mayor Tait adjourned the March 20, 2012 City
Council meeting.
R spec ully submitted,
Linda Andal, CMC
City Clerk