2010/01/26ANAHEIM CITY COUNCIL
REGULAR AND REGULAR ADJOURNED
MEETING OF JANUARY 26, 2010
The meeting of January 26, 2010 was called to order at 3:00 P.M and adjourned to
4:OOP.M. for lack of a quorum. Mayor Pringle called to order the regular adjourned
meeting of January 26, 2010 at 4:03 P.M. in the Chambers of Anaheim City Hall located
at 200 South Anaheim Boulevard. A copy of the agenda was posted on January 22,
2010 on the kiosk outside City Hall.
PRESENT: Mayor Curt Pringle and Council Members: Lord Galloway, Bob Hernandez,
Lucille Kring and Harry Sidhu.
STAFF PRESENT: City Manager Tom Wood, City Attorney Cristina Talley, and City
Clerk Linda Andal.
CALIFORNIA HIGH SPEED RAIL PROJECT WORKSHOP (Los Angeles to Anaheim
Section):
Natalie Meeks, Public Works Director, began the workshop remarking the realization of a
high speed rail project was important for the state of California as well as for Anaheim,
as the southern terminus of Phase 1, the Los Angeles to Anaheim section. She
introduced Jeff Barker, Linda Amato and Dave Thompson, California High Speed Rail
Authority (CHSRA) to inform Council and the community on the project status.
Jeff Barker, Deputy Director of CHSRA, announced the historic nature, size and scope
of this project was unique in that it was the largest public transportation project in U.S.
history in terms of cost, area size and the numbers of people it would ultimately move.
He stressed the benefits were significant as it would create the foundation for continued
economic strength in California generating quality jobs in the near term and continued
prosperity in the long term, as goods and millions of people were moved across the
state. He added the system would be using 100 percent clean and renewable electric
power and had received solid support from environmental groups. Partnerships had
been forged with bipartisan congressional delegations, local cities and counties, and
regional transportation agencies throughout the state. In addition to that broad support
there was strong backing from labor and business. At this point, he announced, the
project was in the early stages of development with an anticipated completion date for
the environmental review process in mid -2011 allowing ample time for public input.
Linda Amato, environmental manager for the Anaheim to Los Angeles (LA) section of
the project explained that in 2005 an Environmental Impact Statement (EIS) was
performed which included public outreach efforts and the Draft Environmental Impact
Report (DEIR) was now underway. In response to Mayor Pringle's question, Ms. Amato
confirmed there was a preferred alignment which came out of that initial study and in the
current environmental document, an "at grade" alignment and other alternatives were
being considered as well as a "No Build -No Project" option required by National
Environmental Policy Act (NEPA). In answer to other questions posed, Ms. Amato
stated alternatives were usually developed prior to entering the environmental analysis
and cost analysis of plans were not part of the environmental process. She added at the
City Council Minutes of January 26, 2010
Page 2 of 8
federal level, dependent upon the cost of the project, there must be a financial plan in
place to pay for a project before the federal government would select a specific
alternative. She pointed out there were about 15 factors (both negative and beneficial
impacts) that were considered for these projects, however, there were added layers of
requirements due to impacts on Anaheim's historic and recreational park sites. She
noted staff was working closely with the State Historic Preservation officer on those
impacts and providing a separate analysis to justify impacting recreational facilities. In
addition to considering long -term impacts, the environmental process required
consideration of temporary impacts as a result of construction and their potential
mitigation. She ended her presentation noting staff was in the midst of collecting data
and working through analysis and had targeted the summer of 2010 for completion of
the Draft EIR. The next step would be receipt of public comment, holding public
hearings, and incorporating those comments into the revised document for completion of
the process by 2011. At that point, she stated, the board of the CHSPRA would approve
or deny the document and the Federal Rail Authority would then identify the preferred
alternate.
Dave Thomson, project manager for LA to Anaheim section, stated an alternatives
analysis had been performed and made public last summer and agencies had been
asked to review and comment on those findings. From that point, he remarked, staff
continued to develop additional alternatives and integrated with local communities along
the Los Angeles /San Diego (LOSSAN) corridor for their input. They were still in the
process of working with different cities and agencies to come up with the best possible
design options.
He pointed out the design would be a secured corridor, completely separate from other
railroads, the public, and road crossings. Grade separations were being considered for
each one of the locations where high speed rail line would pass over roads. The
dedicated high speed rails would operate at 110 miles per hour between LA and
Anaheim, although it would be designed for 125 miles per hour. It would begin at
ARTIC, go through Anaheim parallel to the Orange County Transportation Authority
(OCTA) rail, turn the corner at Fullerton and follow the railroad line into LA. He pointed
out there were challenges in paralleling the OCTA track and staff initially looked at
multiple alignment alternatives for Anaheim: at grade tunnel aerial bridge and cut and
cover tunnel The aerial bridge and cut and cover tunnel had significant impacts to
overcome and based on an alternative analysis process, would not be carried forward.
The at grade and tunnel options remained, he reported, and were being equally
considered. Mayor Pringle requested that as the process moved forward, Anaheim staff
be made aware of what properties were identified for acquisition and what those impacts
would be for each of the alternatives. He also wanted to ensure that the definition of
property acquisition was included in the alternative analysis and not in a separate
category so that when discussions were held regarding the "at grade" alternative, all of
the "at grade" impacts were included. Mr. Thompson affirmed that would occur.
A map overview of the proposed alternatives was provided showing different levels of
impacts and different levels of alignments. The "at grade" option paralleled the west side
of the existing railroad, affected existing residential and commercial property along the
entire alignment and to offset some of those impacts, grade separations were
considered. Grade separations were also considered for lower volume traffic crossings
at Sycamore and Santa Ana. He added staff was looking at all affected properties in
detail, recognizing when rights of way were less than 100 feet, impacts would be greater.
City Council Minutes of January 26, 2010
Page 3 of 8
He indicated staff was negotiating with the railroads for use of their property, but, with no
agreements in place, the full impact of property acquisition would need to be shown.
Mr. Thompson pointed out construction staging would be needed near the La Palma
area where grade separation was being considered and where the 100 foot existing
railroad right -of -way downsized to 50 feet of existing right -of -way and where many
historic homes were located. The proposal was to close Sycamore, to grade separate
Broadway and then close Santa Ana Street. The track would continue into one of the
commercial areas, and grade separation would occur at Santa Ana, South Street and
Vermont. The right -of -way would increase to 100 feet and continue in that manner to
ARTIC. There would be grade separations at State College and Cerritos and a possible
location for a rolling stock maintenance facility for trains that terminate at night.
The tunnel option would parallel the west side, with an open trench that would go under
the 91 freeway, go to a cut and cover tunnel completely underground. This would affect
existing residential at entrance and exits and Orangethorpe would still be a grade
separation with this alignment. The track would come out at Ball Avenue, a grade
separation, and connect to the north end of the vehicle maintenance facility. He added it
had not yet been determined how it would connect to the main line and come down to
Cerritos and State College.
Council Member Sidhu asked how many homes and how many miles would be impacted
around Sycamore Street. Mr. Thompson responded the draft real estate report was not
yet finalized and once the basic alignment had been determined the property analysis
would be done within the next couple of weeks. He added that area would be slightly
more than two miles. Council Member Sidhu emphasized he was in favor of as little
disruption to residents as possible.
Council Member Hernandez remarked there was a petroleum facility near the 91
freeway south of Ball Road, asking how this would be handled. Mr. Thompson
responded as part of the normal process, once firm options were identified, staff would
begin negotiating with the oil line and all the different utilities as well as railroad
operators.
Council Member Sidhu asked how the community could get updates on this process with
Mr. Thompson stating their website, www.cahsr.ca.qov was a warehouse of information
on the entire line and continually updated.
ADDITIONS /DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEM: None
At 4:55 P.M. City Council recessed to closed session for consideration of the following
items:
CLOSED SESSION ITEMS:
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
City Council Minutes of January 26, 2010
Page 4 of 8
INVOCATION: Pastor Victor Chayasirisobhon, First Southern Baptist of Anaheim
FLAG SALUTE: Council Member Bob Hernandez
PRESENTATION: Recognizing the Green Ribbon Week Poster and Essay Contest
Winners
Pat Pena of Anaheim Beautiful and Sandra Seaton, Code Enforcement Division,
introduced those students in grades Kindergarten through sixth grade being recognized
for their award winning posters and essays.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Proclaiming Feb 6 - 12, 2010, as Kindness Week
ADDITIONS /DELETIONS TO THE AGENDAS: An addendum to Item Nos. 1 and 4
indicated additional requirements imposed to the terms of the Agency Loan requiring the
full amount of the loan ($613,000) be funded upfront. An addition to Item No. 20
included specific CEQA findings and a letter of support from Clean City, Inc.
At 5:36 P.M. the Anaheim Redevelopment Agency and Anaheim Housing Authority were
called to order to hear public comments (in joint session with the Anaheim City Council).
PUBLIC COMMENTS:
James Robert Reade, resident, complaints toward Anaheim police staff.
Charles Griffen , Newport Beach, believed the mag lev rail system should be considered
as an alternative to the high speed rail.
Karen Malley, Unitarian Church, announced the dedication ceremony of a roof mounted
solar power system made possible through the help of the Anaheim Public Utilities
Department was scheduled for February 18 She invited the community to attend and
thanked the City for their assistance.
David Chavez, resident, spoke of the City's motto and air traffic safety.
At 5:40 P.M., Council session was recessed to consider the Redevelopment Agency and
Housing Authority agendas and was reconvened at 5:42 P.M.
CONSENT CALENDAR: Council Member Hernandez pulled Item No. 20 from the
consent calendar for further discussion. Council Member Kring then 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 Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway,
Hernandez, Kring and Sidhu. Noes - 0. Motion Carried
7. Receive and file the minutes of the Golf Commission meetings of August 27,
B105 2009, September 24, 2009 and October 22, 2009.
City Council Minutes of January 26, 2010
Page 5 of 8
D8. Approve the Investment Portfolio Report for December 2009.
9. Accept the low bids of Kalban, Inc., and Golden State Constructors, Inc., in a
D180 combined not -to- exceed amount of $2,120,000, for concrete removal and
replacement 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 #7307.
10. Determine, on the basis of the evidence submitted by The Hanover Company,
D159 that the property owner has complied in good faith with the terms and conditions
of Development Agreement No. 2005 -00005 for the 2009 -2010 review period for
the development located at 1818 State College Boulevard in the Platinum
Triangle.
11. Determine, on the basis of the evidence submitted by The Thomas Seaman
D159 Company, that the property owner has complied in good faith with the terms and
conditions of Development Agreement No. 2005 -00007 for the 2009 -2010 review
period for the Platinum Triangle Condominium project in the Platinum Triangle.
12. Determine, on the basis of the evidence submitted by K/L Anaheim Properties I,
D159 LLC and K/L Anaheim Properties II, LLC, that the property owner has complied in
good faith with the terms and conditions of Development Agreement No. 2008-
00002 for the 2009 -2010 review period for the Platinum Gateway project in the
Platinum Triangle.
13. Determine, on the basis of the evidence submitted by New Urban West Inc., that
D159 the property owner has complied in good faith with the terms and conditions of
Development Agreement No. 2006 -00004 for the 2009 -2010 review period for
the Experience at Gene Autry Way project in the Platinum Triangle.
14. Approve a Quitclaim Deed conveying to the Anaheim City School District a
P124 portion of Mountain View Avenue extending approximately 285 feet southerly
from Orange Avenue and authorize the City Clerk to cause the Quitclaim Deed to
be recorded in the Office of the County Recorder.
Approve a Grant Deed conveying to the Anaheim City School District a portion of
land within the southeasterly boundary of Ponderosa Park and authorize the City
Clerk to deliver to the District the Grant Deed upon receipt of an executed deed
conveying from the District to the City certain parcels of land in accordance with
a previously approved Land Exchange Agreement.
15. Approve the Agreement for the Acquisition of Real Property Easement Taking
6080 and Temporary Construction Easement with Brookfield Olive Street, LLC, in the
total settlement amount of $5,179, for property located at the northwest corner of
South Street and AT &SF Railroad for the Rail- Highway Grade Crossings Safety
Enhancement project (R/WACQ2009- 00364).
16. Approve the Agreement for the Acquisition of Real Property Right -of -Way and
6081 Temporary Construction Easements with MCP Foods, Inc., in the total settlement
amount of $13,890, for property located at 424 South Atchison Street for the Rail -
Highway Grade Crossings Safety Enhancement project (R/WACQ2009 -00336
and R/WACQ2009- 00337).
City Council Minutes of January 26, 2010
Page 6 of 8
17. Approve on -call professional engineering service agreements with David Evans
3392.A 6086 and Associates, Inc., Joseph Truxaw and Associates, Inc., Albus -Keefe and
3372.A 5340.A Associates, Inc., Laguna Geosciences, Inc., LGC, Ninyo and Moore, CH2MHill,
6082 6087 Inc., Psomas, Hunsaker and Associates, Willdan Engineering, and DSL
6083 2991.A Consulting, for miscellaneous civil engineering services for a one -year term, with
6084 5347.A the option to renew each year for an additional three years at the sole discretion
of the Director of Public Works.
6085
18. Approve a professional services agreement with Kleinfelder West, Inc., in an
6088 amount not to exceed $970,800, for professional services related to ARTIC,
authorize the Director of Public Works to take such actions to implement the
agreement on behalf of the City and increase the Department of Public Works FY
2009/10 revenue and expenditure appropriation by $3,645,307.
19. Approve and ratify the Stipulation for Entry of Judgment and Final Order of
P121 Condemnation for property located at 2001 South Manchester Avenue, for the
final settlement amount of $625,000, plus interest, and authorize the final
settlement payment of $123,000 to Hall Anaheim Realty, LLC for the Gene Autry
Way (West) /1 -5 HOV Interchange project (R/WACQ2003- 00161).
21. RESOLUTION NO. 2010 -014 A RESOLUTION OF THE CITY COUNCIL
D160 OF THE CITY OF ANAHEIM authorizing the destruction of certain City records
more than two years old (Police Department).
22. RESOLUTION NO. 2010 -015 A RESOLUTION OF THE CITY COUNCIL
P124 OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of
Anaheim certain real properties or interests therein (City Deed Nos. 11146,
11331, 11332, 11333 and 11334).
23. RESOLUTION NO. 2010 -016 A RESOLUTION OF THE CITY COUNCIL
P110 OF THE CITY OF ANAHEIM vacating a portion of an electrical public utility
easement located at 2052 West Greenleaf Avenue pursuant to California Streets
and Highway Code Section 8330, et seq. - Summary Vacation (Abandonment
No. ABA 2009 - 00198).
24. Approve minutes of the regular meeting of January 12, 2010.
END OF CONSENT CALENDAR:
20. Adopt a Mitigated Negative Declaration for the Water Recycling Demonstration
C350 project.
Don Calkins, Assistant General Manager, reported the Water Recycling Demonstration
project would be phased and would recycle 100,000 gallons per day of water. It would
be an example of how satellite plants could be effective strategies in providing recycled
water in highly urbanized areas where there was a large enough site to contain a
recycling plant. The plant would be in a location accessible to the public so it could be
used to raise awareness of the importance of reducing dependency on imported water.
Initially it would be used to water the grounds around City Hall and for the dual plumbing
system in Anaheim West Tower. He pointed out it was a modular type plant and
additional capacity was possible for nearby development or future developments which
City Council Minutes of January 26, 2010
Page 7 of 8
expressed an interest. Council Member Hernandez was supportive of this green
initiative and moved to approve Item No. 20, seconded by Council Member Galloway.
Roll Call Vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez,
Kring and Sidhu. Noes — 0. Motion Carried. Mayor Pringle remarked that by building
the first phase, the City was planning ahead as imported water continued to increase in
cost. He added this concept could be considered as more density was built in the
Platinum Triangle.
25. Consider making the final appointment to the Sister City Commission, term
B105 expiring June 30, 2011 (continued from the meetings of December 15, 2009,
Item No. 22 and January 12, 2010, Item No. 31).
Appointment: Carrie Nocella unanimously approved
(Mayor Pringle)
REPORT ON CLOSED SESSION ACTION: None
COUNCIL COMMUNICATIONS:
Mayor Pringle thanked Council and staff for their attendance at the State of the City
Luncheon where he presented ideas, thoughts, direction and focus for the City of
Anaheim in 2010.
Council Member Hernandez offered his congratulatory comments on the State of the
City, while thanking the Mayor personally for his kind words on his service to Anaheim.
He reported on the passing of retiree employees and announced the Youth Leadership
of America banquet.
Council Member Galloway congratulated the Mayor on his State of the City address and
recognized City employee, Vince Lopez, Program Specialist.
Council Member Kring congratulated the Mayor and Chamber of Commerce for a
successful State of the City luncheon and spoke of the Youth Leadership America
banquet. She further announced that the Teen Advisory Groups at the Anaheim Public
Library were collecting " "mycoke" reward points to purchase magazines for the Library,
and that Orange County Adult Day Services would be hosting a brown bag lunch and
meeting for adult caregivers on Thursday, January 28 She added a Free Southern
California Transit Forum was scheduled for Friday, February 5 th at Chapman University.
Council Member Sidhu congratulated the Mayor on his State of City and spoke of
attending the NAMM Show at the Convention Center and its record - breaking
attendance. He also spoke of the Craft Show and the Youth Leadership America
banquet.
City Council Minutes of January 26, 2010
Page 8 of 8
Adjournment: At 6:12 P.M., with the consent of Council, Mayor Pringle adjourned the
January 26, 2010 meeting.
Za ity 7 ully subm'tted,
NAndal, C
y Clerk