2009/11/17ANAHEIM CITY COUNCIL
REGULAR AND REGULAR ADJOURNED MEETING
OF NOVEMBER 17, 2009
The meeting of November 17, 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 regular adjourned meeting of
November 17, 2009 at 4:35 P.M. in the Chambers of Anaheim City Hall located at 200 South
Anaheim Boulevard. A copy of the agenda was posted on November 13, 2009 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 Cristina Talley, and City Clerk
Linda Andal.
ADDITIONS /DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEM: None
City Council adjourned 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.
At 5:05 P.M., Council returned from closed session.
INVOCATION: Pastor Edward Caballero, Anaheim Community Church
FLAG SALUTE:
Mayor Pro Tem Bob Hemandez announced the flag salute would be
offered in memory and to honor Lance Corporal Justin J. Swanson, an
Anaheim resident killed during active duty in Iraq.
ACCEPTANCE OF RECOGNITIONS (AT A LATER DATE):
Recognizing Fire Chief Roger Smith on his retirement
ADDITIONS /DELETIONS TO THE AGENDA: Staff requested Item No. 16 be withdrawn.
PUBLIC COMMENTS (all agenda items):
Alone Larsen, Cultural Heritage Commission, provided an update on the Commission's
activities. In partnership with Anaheim Parks and Recreation, she announced the
Downtown Community Center offered generous gallery space now featuring seven artists
and encouraged the community to attend the showing. She also encouraged Council's
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Page 2of7
consideration of a budget now or in the future for event receptions. Mayor Pringle
suggested a minimal budget could be considered for the next fiscal year.
Helen Myers reported the Anaheim Historical Society had reviewed the environmental
documents referred to in Item No. 15 and determined there were no negative historical
impacts with the Founders Park project and offered support for approval of this item.
Larry Rosenberg, Anaheim Ballet, announced two upcoming events, the annual wine and
cheese fund raiser scheduled for December 3 and the Nutcracker Ballet planned for
December 5 in the city of Fullerton.
James Robert Reade, resident, alleged police harassment for his past complaints against
the department.
Khamsouk Peter Vu, resident, thanked Anaheim City staff and the Police Department for
their efforts.
David Diaz, Central Neighborhood District, addressed Item No. 1, requesting Council
consider the lack of parking and current residential housing difficulties before deliberating
the Packing House project.
Christopher Kutz, resident, reported his Eagle Scout project would instruct any interested
person on the proper method of retiring the United States flag with honor, and asked Council
for their support. Mayor Pringle requested Mr. Kutz return to Council once a date for his
project had been scheduled and directed him to speak with Terry Lowe, Community
Services Director.
JOINT REDEVELOPMENT /CITY COUNCIL PUBLIC HEARING:
1. This is a joint public hearing between the City Council and the Redevelopment
5964 Agency to consider the disposition and development of the following two parcels for
5965 the construction of for -sale housing units: Parcels bounded by 1) Elm Street,
Anaheim Boulevard and Santa Ana Street 2) Santa Ana Street, Anaheim Boulevard
and Ellsworth Street.
City Council Action:
RESOLUTION NO. 2009 -166 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving a Disposition and Development Agreement with
Brookfield Anaheim Boulevard LLC and making certain findings in connection
therewith.
Elisa Stipkovich, Community Development Executive Director, reported Item No. 1 related to
approval of a Disposition and Development agreement with Brookfield Homes on two
specific parcels along Anaheim Boulevard which were approximately three acres in total and
would accommodate 88 condominium units. Ten percent of the units were required to be
affordable to low income families and she believed with the current market rate pricing, 25
percent affordable could be achieved using $2.3 million of down payment assistance. She
disclosed the cost to the City for acquisition, relocation, demolition and related charges was
approximately $5.9 million, adding that the developer would pay fair market value for the
land at $3.5 million. With tax increment to be recovered over the life of the project, an
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Page 3 of 7
additional $8.2 million over the 30 year time frame would be received, for a total revenue of
$11.7 million or net revenue of $5.8 million in actual dollars. She noted staff also
recommended approval of a construction management agreement with Brookfield for
assisting in the restoration of the Packing House for restaurant or other food related uses.
After completion of the Packing House restoration, staff would then return to Council with a
plan for operation of the retail site.
Referencing earlier comments made regarding parking issues, Ms. Stipkovich stated the
parking requirements for this project had been thoroughly studied and considering the
successful parking conditions for Colony Park condominiums as well as the existing
Boulevard Project, staff recommended approval of this project. She pointed out community
input on the Packing House property and its additional proposed commercial uses would be
sought, adding that the preservation of an historic building and the added commercial uses
would be an asset to the downtown area.
Mayor Pringle opened the public hearing for comments.
John O'Brian, Vice President/Developer of Brookfield Homes, stated they were looking
looking forward to advancing the restoration of the Packing House as well as providing
residential units in the adjacent area. He explained the next process included meeting with
stakeholders and community groups with an additional public hearing before the Planning
Commission, which would provide a forum to address any community concerns.
Maurice Turner, Colony Park resident, supported the Packing House project and Brookfield
as developers stating they worked with the existing community while being respectful of the
downtown area design. He added the design of Colony Park fit with the existing area while
inviting modern amenities for both comfort and energy efficiency and he believed the
Packing House project would do the same and help solidify the downtown core.
With no other comments offered, the public hearing was closed.
Council Member Sidhu moved to approve RESOLUTION NO. 2009 -166 OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM approving a Disposition and Development
Agreement with Brookfield Anaheim Boulevard LLC and making certain findings in
connection therewith, seconded by Council Member Galloway. Roll Call vote: Ayes 5:
Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0.
Motion Carried.
At 5:33 P.M., Mayor Pringle adjourned the Anaheim Redevelopment Agency and the City
Council to consider the Anaheim Housing Authority Agenda. At 5:35 P.M., Council session
was reconvened.
CONSENT CALENDAR: Mayor Pringle removed Item No. 14 and No. 23 for further
discussion and reiterated that Item No. 16 had been withdrawn by staff. Council Member
Kring moved to waive reading in full of all ordinances and resolutions and to adopt the
balance of the consent calendar in accordance with the reports, certifications and
recommendations furnished each council member and as listed on the consent calendar,
seconded by Council Member Sidhu. Roll call vote: Ayes 5; Mayor Pringle, Council
Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried
4. Receive and file minutes of the Public Utilities Board meeting of September 23,
2009.
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Council Minutes of November 17, 2009
Page 4 of 7
5. Approve the Investment Portfolio Report for October 2009.
D117
6. Appoint Brenda Nardolillo, Tony Hewes and Todd Gellerman to the Anaheim
B105 Workforce Investment Board, representing business, each to a four year term ending
November 16, 2013.
7. Revise the amount of the contract awarded to the lowest responsible bidder,
5903.1 THOMCO, Inc., from $1,384,000 to $1,487,884, for the Central Library Interior
Remodel project, Phase 3, and authorize the Finance Director to execute the Escrow
Agreement pertaining to contract retentions.
8. Award the contract to the lowest responsible bidder, Autobahn Construction, Inc., in
5966 the amount of $148,630, for the Sycamore Street Improvements project (Clementine
Street to Anaheim Boulevard) and authorize the Finance Director to execute the
Escrow Agreement pertaining to contract retentions.
9. Award a Design -Build Services Contract for the Underground District 51/56
5967 Lincoln /Magnolia project to the best qualified and lowest responsible bidder, Pouk
and Steinle, Inc., in the amount of $16,320,000; in the event said bidder fails to
comply with the terms of the award, award the contract to the second best qualified
and responsible bidder, Henkels McCoy, Inc., as well as waive any clerical
irregularities or technical deficiencies in any of the documents of both the best and
second best qualified and responsible bidders, authorize the General Manager of the
Public Utilities Department to execute all documents related to this contract and
authorize the Finance Director to execute the Escrow Agreement pertaining to
contract retentions.
10. Accept the low bid of Vector Aerospace Helicopter Services North America, Inc., in
D180 an amount not to exceed $306,675.20, for helicopter engine overhaul and repair
services for the Police Department, Air Support Bureau, for a one year period with
two one -year optional renewals, and authorize the Purchasing Agent to exercise the
renewal options in accordance with Bid #7318.
11. Authorize the Purchasing Agent to issue a purchase order to the lowest responsive
D180 bidder, A -Z Emissions Group, in an amount not to exceed $575,615, for the
installation of diesel emission control devices on 28 heavy -duty on -road vehicles for
Public Works, Fleet Services Division, in accordance with Bid #7312.
12. Approve the First Amendment to Agreement with West Coast Arborists, Inc., to
4565.1 reduce costs for tree maintenance services for the Community Services Department
Urban Forestry program.
13. Approve the Subdivision Agreement of Parcel Map No. 2005 -285 with Dale Street
5968 Properties LLC regarding public improvements on land located at 717 South Dale
Street.
15. Approve the Initial Study /Negative Declaration for the Founders Park project.
D150
16. Staff requests this item be withdrawn.
Approve the Second Amended License Agreement templates between the City and
individual telecommunication carriers for the purpose of constructing and operating
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Page5of7
cellular facilities within the Community Services infrastructure, authorize the
Community Services Director to execute individual agreements that conform to the
agreement, and any other related documents, and to take such actions as are
necessary to implement the agreements, authorize de minimus changes that do not
substantially change the terms and conditions, so long as such changes are
determined to be de minimus by the City Attorney and authorize the Risk Manager to
approve changes, as he may deem appropriate to the indemnification and insurance
provisions of the Master Agreement (Continued from Council meeting of November
3, 2009, Item No. 06).
This item was withdrawn from the agenda at the request of staff.
17. Award and approve an agreement to WTPC, Inc., establishing WTPC as the
5970 exclusive operator of the Business Service Center located within the lobby of the
Anaheim Convention Center.
18. RESOLUTION NO. 2009 -167 A RESOLUTION OF THE CITY COUNCIL OF
D116 THE CITY OF ANAHEIM terminating the local emergency proclaimed on February 9,
2005, by the Director of Emergency Services of the City of Anaheim, regarding the
movement and displacement of land in the vicinity of 357, 365 and 373 Ramsgate
Drive, Anaheim, California.
19. RESOLUTION NO. 2009 -168 A RESOLUTION OF THE CITY COUNCIL OF
D182 THE CITY OF ANAHEIM authorizing the destruction of certain City records more
than two years old (Public Utilities Department).
20. RESOLUTION NO. 2009 -169 A RESOLUTION OF THE CITY COUNCIL OF
D129 THE CITY OF ANAHEIM authorizing access to state and federal summary criminal
history information for employment and certification purposes.
21. RESOLUTION NO. 2009 -170 A RESOLUTION OF THE CITY COUNCIL OF
3989.D THE CITY OF ANAHEIM authorizing the Chief of Police or his designee to
participate in the U.S. Department of Justice Grant (JAG) Program in conjunction
with the County of Orange on behalf of the City of Anaheim, authorizing the
execution of all required documents and amending the budget for Fiscal Year 2009-
10 accordingly.
22. RESOLUTION NO. 2009 -171 A RESOLUTION OF THE CITY COUNCIL OF
D175 THE CITY OF ANAHEIM approving the submittal to the California Department of
Transportation an application for funding of projects that improve safety and
convenience for bicycle commuters under the Bicycle Transportation Account and re-
adopt the Bicycle Master Plan as required to be eligible for funding.
24. ORDINANCE NO. 6160 (INTRODUCTION) AN ORDINANCE OF THE
M142 CITY COUNCIL OF THE CITY OF ANAHEIM amending Chapter 10.19 of Title 10 of
the Anaheim Municipal Code in its entirety relating to landscape water efficiency.
25. Approve minutes of the adjourned regular meeting of October 27, 2009 held on
November 3, 2009.
Council Minutes of November 17, 2009
Page 6of7
END OF CONSENT:
14. Approve the Cooperative Agreement with the City of Garden Grove for design
5969 services and construction engineering for the Katella Avenue Smart Street project.
Mayor Pringle requested staff explain the cooperative agreement with Garden Grove and
update Council on the Katella Avenue Smart Street project. Mark Vukojevic, City Engineer,
responded since Garden Grove requested additional storm drain work on one specific
aspect of the Humor to Gene Street portion of the project, the cooperative agreement would
spell out Garden Grove's reimbursement to the City of $136,000 for that additional storm
drain work. He noted this segment of the Katella Avenue Smart Street Project, had been bid
and awarded during the summer and was expected to begin construction in January 2010.
The other segment of the project, 9 Street to Humor, was expected to wrap up by the end
of this calendar year. Mayor Pringle reaffirmed the next section would be under County
control as the widening of Katella was completed. Council Member Hernandez moved to
approve Item No. 14, seconded by Council Member Galloway. Roll Call Vote: Ayes 5:
Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0.
Motion Carried.
23. ORDINANCE NO. 6159 (ADOPTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM amending various sections of Chapter 4.29 of Title 4 of the Anaheim
Municipal Code relating to massage establishments (Introduced at Council meeting
of November 3, 2009, Item No. 09).
City Attorney Cristina Talley explained the State of California had altered licensing of
massage therapists. Up until this point, she stated, most cities handled their own licensing
which created hurdles for massage therapists. With this amendment to the code, the new
state law would be recognized requiring technicians or practitioners to be either licensed
from the state of California or by the local agencies. Mayor Pringle remarked that after a
review period for this new legislation, he might be open to considering how Anaheim could
accept permits from other cities as well as from the State.
Council Member Kring moved to introduce Ordinance No. 6160, AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ANAHEIM various sections of Chapter 4.29 of Title 4 of
the Anaheim Municipal Code relating to massage establishments, seconded by Council
Member Hernandez. Roll Call Vote: Ayes 5: Mayor Pringle and Council Members:
Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried.
REPORT ON CLOSED SESSION: None
COUNCIL COMMUNICATIONS:
Mayor Pringle thanked Council Member Kring for her work on bringing the first Annual
Veterans' Day celebration to Anaheim and council members for attending the ceremony. He
also thanked Council Member Galloway for representing the City in Mito, Japan, Anaheim's
sister city, on their 120 Anniversary celebration. Mayor Pringle discussed the Military
Banner Program and announced the first banner would honor fallen soldier, Anaheim
resident Lance Corporal Justin Swanson.
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Page 7 of 7
Mayor Pro Tem Hernandez requested tonight's meeting be adjourned in Lance Corporal
Swanson's memory and expressed condolences to the family. He also congratulated
Northgate Market on the groundbreaking of their Distribution Center and Headquarters.
Council Member Galloway reported on her attendance at the 120 Anniversary celebration
in Mito, Japan. She also presented Mayor Pringle with a framed, cherry blossom artwork on
behalf of Mito's Mayor Kato, which would be displayed in the City Hall lobby. Council
Member Galloway also recognized City employee Geraldo Ruiz, Street Sweeper Operator.
Council Member Kring indicated the first City sponsored Veterans' Day ceremony had been
a success and thanked all involved. She also spoke of the groundbreaking of Northgate
Market's Distribution Center and Headquarters and announced the Employee Charity Drive
was underway.
Council Member Sidhu spoke about the details of the Veterans' Day ceremony, and the
tragedy that occurred at Fort Hood, Texas. He commented on Anaheim's reduced crime
statistics, the Central Library renovations and the groundbreaking ceremony for Northgate
Market's Distribution headquarters.
Mayor Pringle pointed out Anaheim Great APP's challenge was underway with a deadline of
November 30 for submittals.
ADJOURNMENT; At 6:07 P.M., with no other business to conduct, the November 17, 2009
meeting was adjourned in memory of Lance Corporation Justin Swanson.
Res• tfully submitted,
4211- r
Linda N. Andal, CMC
City Clerk