2009/10/27ANAHEIM CITY COUNCIL
REGULAR AND REGULAR ADJOURNED MEETING
OF OCTOBER 27, 2009
The regular meeting of October 27, 2009 was called to order at 3:00 P.M. and adjourned
to 4:30 P.M. for lack of a quorum. Mayor Pringle called to order the adjourned regular
meeting of October 27, 2009 at 4:30 P.M. in the Chambers of Anaheim City Hall located
at 200 South Anaheim Boulevard. A copy of the agenda was posted on October 23,
2009 on the kiosk outside City Hall.
ADDITIONS /DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
Council moved to closed session for consideration of the following items:
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Priceline.com Inc. et al. v. City of Anaheim et al., Orange County
Superior Court, Case No. 30 -2009 00244120 and related cases.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Marco Nava et al. v. City of Anaheim et al., OSCS Case No. 30-
2009- 00117444.
At 5:00 P.M., City Council session was reconvened.
Invocation: Pastor Ed Bartel, Sunkist Community Church
Flaa Salute: Council Member Lord Galloway
Presentation: Recognizing the recipients of the California Emergency Services
Association Outstanding Service Awards
Fire Chief Roger Smith announced three recipients receiving awards for outstanding
service in the field of emergency management. The first award was to the Sares -Regis
Group, the property management group for the Cascade apartment complex. This
group was recognized for their quick support and mitigation measures resulting from the
November 2008 freeway complex fire. The second award recognized Magnolia Baptist
Church, the first church group to help the Fire Department respond to local community
emergencies through the use of POD activations which were successfully exercised
during the 2008 fall firestorms. The last award recognized the Anaheim Fire Department
for its successful implementation of a local assistance center involving three counties
and six municipalities as well as collaborative efforts on behalf of the City, state and
federal agencies during those same firestorms.
City Council Minutes of October 27, 2009
Page 2 of 5
Acceptance of Other Recognitions (To be presented at a later date):
Proclaiming Nov 7 — 14, 2009, as Scouting for Food Week
Linda Lewis, Second Harvest Food, thanked the City for supporting their annual food
drive effort. Partnering with the Scout organizations, bags would be dropped off on
doorsteps and in Albertson's markets with scouts asking for food donations for those that
go hungry in the Orange County community.
At 5:12 P.M., Mayor Pringle Call 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 agenda items):
William Fitzgerald, resident, opposed Disneyland fireworks citing toxic impacts to the
community.
James Robert Reade, resident, reported harassment and intimidation by police officers
occurring on October 2 nd in the Golden Skies motel complex.
Melanie Adams, resident, voiced her support for Ms. Velma Shivers for appointment to
the Cultural and Heritage Commission.
Velma Shivers, resident, expressed her interest in serving on the Cultural Heritage
Commission, stating she was formerly employed as chair of the Cultural Diversity
Committee for Kaiser Permanente and also served on the Council on Aging.
At 5:20 P.M., Council session was adjourned to consider the Redevelopment Agency
and Housing Authority agendas and reconvened at 5:21 P.M.
CONSENT CALENDAR: Council Member Kring moved to waive reading in full of all
ordinances and resolutions and to adopt 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. Motion Carried.
9. Receive and file minutes of the Cultural and Heritage Commission meeting of
B105 July 16, 2009, Housing and Community Development Commission meeting of
August 19, 2009, Senior Citizen Commission meeting of September 10, 2009
and the Community Services Board meetings of September 10, 2009 and
September 17, 2009.
10. Review the need for continuing the local emergency heretofore proclaimed by the
D175 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.
City Council Minutes of October 27, 2009
Page 3 of 5
11. Approve the Investment Portfolio Report for September 2009.
D117
12. Accept the low bid of Crisp Enterprises, Inc., dba C2 Reprographics, in the
D180 amount of $184,480, for reprographic services, for a one -year period with four
one -year optional renewals, and authorize the Purchasing Agent to exercise the
renewal options, in accordance with Bid #7303.
13. Accept the low bid of 49er Communications, Inc., in the amount of $374,656.80,
D180 for Bendix King command radios for the fire agencies within the Anaheim /Santa
Ana Urban Area Homeland Security region, in accordance with Bid #7317.
14. Accept the low bid of Parisi Tower Rebuild, Inc., in an amount not to exceed
D180 $173,194, for cooling tower refurbishment services at the Convention Center, in
accordance with Bid #7301.
15. Approve the City's acceptance of an easement deed for public utility purposes in
P124 exchange for the City's grant of an easement deed for private water and sewer
purposes at 711 East La Palma Avenue (ACQ 6153 and ACQ 5998).
16. Approve and authorize the City Attorney to execute an attorney services
5931 agreement with the firm of Liebert Cassidy Whitmore, a Professional Law
Corporation, to provide legal services to the City.
17. Approve and authorize the Public Utilities General Manager to execute the
2725.2 Second Amendment to Agreement with Frey Environmental, Inc., extending the
term of the agreement for up to three years to continue environmental consulting
services for remediation of contaminated soil and groundwater at the former
gasoline station located at 3270 W. Lincoln Avenue.
18. Approve and authorize the Public Utilities General Manager to execute the
1754.4 Fourth Amendment to Agreement with Walt Disney Parks and Resorts U.S., Inc.
to provide additional electric emergency circuits in the Disney California
Adventure project and extend the expiration date from December 2010 to
December 2011, with provisions for as- needed extensions through December
2012.
19. Approve and authorize the Executive Director of the Community Development
5932 Department to execute Amendment No. 2 to Operating Covenant and Restrictive
Covenants Affecting Interests in Real Property with ACD Holdings, LLC
amending the use restrictions to include the sales and service of new and /or
used motor vehicles, watercrafts and motorsport vehicles at 1380 S. Auto Center
Drive.
20. Approve and authorize the Executive Director of the Community Development
5930.I Department to execute a Cooperation Agreement with the Anaheim
Redevelopment Agency for the transfer of HOME funds for a multi - family
affordable housing project located at 3431 W. Olinda Lane (related to Agency
Item No. 4).
City Council Minutes of October 27, 2009
Page 4 of 5
21. RESOLUTION NO. 2009 -162 A RESOLUTION OF THE CITY COUNCIL
D113 OF THE CITY OF ANAHEIM establishing the days and times of regular meeting
of the City Council for the 2010 calendar year.
22. RESOLUTION NO. 2009 -163 A RESOLUTION OF THE CITY COUNCIL
D175 OF THE CITY OF ANAHEIM adopting the Master Plan of Storm Drainage for
Anaheim Barber City Channel Tributary Area June 2009.
23. RESOLUTION NO. 2009 -164 A RESOLUTION OF THE CITY COUNCIL
D175 OF THE CITY OF ANAHEIM designating Trojan Street from Broadway to Sereno
Place as "Permit Parking Only" street within permit - eligible Parking District No. 2
(Permit Parking Area No.1).
24. RESOLUTION NO. 2009 -165 A RESOLUTION OF THE CITY COUNCIL
D128 OF THE CITY OF ANAHEIM approving the form of and authorizing the execution
and delivery of a purchase and sale agreement and related documents with
respect to the sale of the seller's Proposition 1A receivable from the State and
directing and authorizing certain other actions in connection therewith
(Agreement with California Statewide Communities Development Authority).
25. Approve minutes of the regular meeting October 13, 2009.
END OF CONSENT CALENDAR
26. Consider an appointment to complete an unexpired term on the Cultural and
B105 Heritage Commission, term to expire June 30, 2011 (Christie Romero).
Appointment: Kelly Castillo
Mayor Pringle offered the name of Kelly Castillo for appointment to the Cultural and
Heritage Commission. Council Member Hernandez nominated Velma Shivers, providing
information on her background and experience. A straw vote for Kelly Castillo reflected
Ayes — 4: Mayor Pringle and Council Members: Galloway, Kring and Sidhu; Noes — 0;
Abstentions — 1: Council Member Hernandez. A straw vote for Ms. Shivers reflected
Ayes — 2: Council Members Galloway and Hernandez; Noes — 0 and Abstentions — 3:
Mayor Pringle and Council Members Kring and Sidhu. Ms. Castillo was appointed to the
position.
Report on Closed Session Actions: None
Council Communications:
Council Member Hernandez remarked on his continuing interest in a youth commission
and requested a workshop presentation be held on Project Save, a non profit agency
working with youths. He also encouraged the community's full cooperation with the
2010 census workers explaining residential counts impacted congressional
representation for municipalities.
City Council Minutes of October 27, 2009
Page 5 of 5
Council Member Galloway reported on her attendance at the recent anniversary
celebration of the Anaheim Family Justice Center voicing her support and pride in the
Center and its value to the community. She also recognized Susie Schmidt, Anaheim
Police Department's Crime Prevention Specialist.
Council Member Kring reported the City was hosting a Veteran's Day celebration on
November 10 on the steps of City Hall, indicating the keynote speaker would be Col.
Dave Hoffman, commander of the 13 MEU and encouraging the community to honor
Anaheim's military men and women with their attendance.
Council Member Sidhu reported on the upcoming solar power convention focusing on
renewable power energy for the future. He stated he would also be welcoming an
official delegation from India which would tour the Anaheim Energy Field and announced
the coming Fall Festival events and Spooktacular Parade scheduled for October 31 st and
Green Ribbon Week, in partnership with schools and the Anaheim Police Department, to
raise awareness on graffiti prevention.
Mayor Pringle announced he had participated in the 50 anniversary celebration of St.
Justin Martyr School honoring past and present students. He also remarked that Servile
football team had defeated Mater Dei for the first time in 20 years and encouraged the
reestablishment of the City Cup for those two rival schools, requesting staffs assistance
in that effort.
Adjournment:
With no other business to conduct, Mayor Pringle adjourned the October 27, 2009
Council session at 5:38 P.M.
Resp tfully submitted,
T 4",(
Linda N. Andal, CMC
City Clerk