2010/05/18ANAHEIM CITY COUNCIL
REGULAR AND REGULAR ADJOURNED
MEETIN O F MAY 1 2 010
The May 18, 2010 City Council Session was called to order at 3:00 P.M. and adjourned
to 5:00 P.M. for lack of a quorum. Mayor Pringle called to order the regular adjourned
meeting of May 18, 2010 at 5:03 P.M. in the Chambers of Anaheim City Hall located at
200 South Anaheim Boulevard. A copy of the agenda was posted on May 14, 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
INVOCATION: Father Joseph Boules, Saint Verena Coptic Orthodox Church
FLAG SALUTE: Council Member Bob Hernandez
PRESENTATIONS: Recognizing the winners of the City of Anaheim Anti - Litter Poster
Contest
Sandra Vasquez announced the Department of Public Works and Anaheim Public
Libraries sponsored an Anti - Litter Poster Contest challenging Anaheim students to
create an innovative message to discourage litter in the community. Kindergarten
through 3` grade winners were: Deyanira Barajas, Rio Vista Elementary, Sophia Sooa
Shin, Heritage Oak Private School and Savannah Kerwitz from St. Justin Martyr Catholic
School. The 4 th through 6th grade winners were Cenkade Roberts, Clara Barton
Elementary, Sara Darauong, James Madison Elementary and Kelsy McColgan from
Juliette Low Elementary.
Introduction of the 2010 TechScholar recipients
Mayor Pringle honored 53 high school students with laptop computers and internet
service as winners of this year's Mayor's TechScholar Program. Sponsors included
Time Warner, AT &T, Anaheim Public Utilities, HP, the Samueli Foundation and Pricon.
The winners from the following high schools were: Anaheim High School: Rebecca
Calvillo, Andrea De Guzman, Hazel Verdin, and Miguel Trujillo; Canyon High School:
Nathaniel Hom, Amanda Huntington, Michelle Kwon, Andrea Navarette, and Ali Tafreshi;
Cornelia Connelly High School: Jennifer Luong; Cypress High School: Helen Luu,
Stacie Sanchez, Nichole Sevilla, and Riddhi Vora; Esperanza High School: Poonam
Gahila, Kayle Karzen, Aaron Parker, and Alyssa Redmond; Fairmont Prep Academy:
Ajith Subhas; Gilbert South and Polaris High School: Jessica Sinohui, Alicia Arnaldo,
Montana Pine, and Julie Rietbert; Katella High School: Miko Batino, Gary Carreno,
Tania Espinoza, Justis Esquer, and Andrea Rangel; Loara High School: Carolina
Chavolla, Brianna McKeon, Edward Nguyen, David Pham, and Justin Williams; Magnolia
High School: Nicholas Barbero, Denis Castro, Win Huynh, and Griselda Segura; Oxford
High School: Sarahi Carillo, Judy Kim, Guadalupe Ruelas, Arely Silva, and Cynthia
Washicko; Rosary High School: Kristen Briggs; Savanna High School: Marbet Cruz,
Council Meeting Minutes of May 18, 2010
Page 2 of 7
Eduardo, Munoz, Faviola Perex, Eduardo Ribas, and Rina Velaco; Servite High School:
Heath Fontaine; Western High School: Justin Botejue, Jennifer Le, Nhu Nguyen and
Kevin Ngo.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Proclaiming May 24, 2010, as Meals on Wheels Day
Proclaiming May 17 - 21, 2010, as Orange County Bike to Work
Week
Darrell Johnson, Deputy CEO, Orange County Transportation Authority, thanked Council
for encouraging the Bike to Work effort and highlighted some of the events taking place.
Recognizing the Anaheim Beautiful honorees
Recognizing St. John the Baptist Greek Orthodox Church
Harry B. thanked the City for recognizing the yearly festival at St. John the Baptist Greek
Orthodox Church.
Recognizing Anaheim Union High School District Scholar Athlete
Award recipients
At 5:28 P.M., the special meeting of the Anaheim Industrial Development Authority was
called to order (in joint session with the Anaheim City Council).
ADDITIONS /DELETIONS TO THE AGENDAS: Staff requested Item No. 2 and No. 22
be taken out of order as they were duly noticed as a joint public hearing requiring action
by the City Council followed by the Industrial Development Authority action.
PUBLIC COMMENTS (all agenda items):
William Fitzgerald offered comments regarding high speed rail projects.
James Robert Reade, resident, alleged improprieties regarding a police stop.
At 5:35 P.M., Item No. 22 and No. 2 were considered under one joint public hearing.
JOINT PUBLIC HEARING:
22, RESOLUTION NO. 2010 -050 A RESOLUTION OF THE CITY COUNCIL
IDA 183 OF THE CITY OF ANAHEIM approving the Industrial Development Authority of
the City of Anaheim entering into a loan in a principal amount not to exceed
$20,000,000 and lending the proceeds of such loan to Northgate Gonzalez, LLC,
a California limited liability company, and allocating an amount not to exceed
$20,000,000 of the Anaheim Recovery Zone ceiling for private activity bonds for
the benefit of the project to be financed pursuant to such loan (related to
Authority Item No. 02).
Council Meeting Minutes of May 18, 2010
Page 3 of 7
Mayor Pringle stated Item No.'s 2 and 22 would be considered under one joint public
hearing, with action by the City Council to be taken first followed by action of the
Industrial Development Authority.
Elisa Stipkovich, Community Development Executive Director reported both agenda
items related to the Authority approving financing up to $20 million to Northgate
Gonzalez LLP which would help provide a portion of the funding for their project, a
369,989 square foot distribution /warehouse facility and corporation headquarters. She
added this 21+ acre site was located at 1201 North Magnolia, the former Delphi battery
site, and was projected to cost about $68 million. She explained the financing would be
carried out through the American Recovery and Reinvestment Act (ARRA) which
allowed for the issuance of debt with lower borrowing costs for local and private entities
for the purpose of promoting jobs and creating economic recovery. She noted the City
had received an allocation of $9.8 million Recovery Zone Facility Bonds and the County
of Orange had allocated another $10.2 million which provided Northgate with a $20
million commitment. She emphasized the debt repayment was entirely an obligation of
Northgate and the City had no risk or responsibility to pay any of this debt.
Council Member Hernandez had requested this item be removed from the consent
calendar to emphasize the short-term constructions jobs that would result from this
project as well as the 250 full -time occupations that would eventually be created. An
additional benefit was the improvements to an old battery factory site that had been
abandoned for a number of years.
Mayor Pringle opened the public hearing and receiving none, closed the hearing.
Council Member Kring moved to approve RESOLUTION NO. 2010-050 OF THE CITY
OF ANAHEIM approving the Industrial Development Authority of entering into a loan in a
principal amount not to exceed $20 million and lending the proceeds of such loan to
Northgate Gonzales LLC and allocating an amount not to exceed $20 million of the
Anaheim Recovery Zone ceiling for private activity bonds for the benefit of the project to
be financed pursuant to such loan, seconded by Council Member Hernandez. Roll Call
vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and
Sidhu. Noes — 0. Motion Carried.
CONSENT CALENDAR: Mayor Pringle removed Item No. 12 for further discussion and
Council Member Hernandez removed Item No. 16. Item 22 had been removed from the
consent calendar and considered at the same time as Item No. 2. At 5:47 P.M., Council
Member Sidhu 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 Kring. Roll call vote: Ayes - 5; Mayor Pringle, Council
Members: Hernandez, Galloway, Kring and Sidhu. Noes - 0. Motion Carried
3. Receive and file minutes of the Public Utilities Board meeting of March 24, 2010.
B105
4. Approve the Investment Portfolio Report for April 2010.
D117
5. Determine, on the basis of the evidence submitted by KB Urban, that the
3622 property owner has complied in good faith with the terms and conditions of
Council Meeting Minutes of May 18, 2010
Page 4 of 7
Development Agreement No. 2005 -00006 for the 2009 -2010 review period for
the Anavia condominium project in the Platinum Triangle.
6. Accept the low bid and approve an agreement with Pacific Coast Elevator
6225 Corporation, dba Amtech Elevator Services, in an amount not to exceed
$295,334, for elevator and escalator maintenance and repair services at the
Anaheim Convention Center 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 #7327.
7. Award the contract to the lowest responsible bidder, Big Ben, Inc., in the amount
6226 of $264,732.30, for an 8 -inch main replacement project in Valley View Place,
James Place and James Way and for vacuum relief valve installation and
authorize the Finance Director to execute the Escrow Agreement pertaining to
contract retentions.
8. Approve an agreement with 3QC, Inc., in an amount not to exceed $310,000, for
6227 professional services related to ARTIC, authorize the Director of Public Works to
take such actions as are necessary to implement the agreement and increase
the Department of Public Works fiscal year 2009/10 revenue and expenditure
appropriation accordingly.
9. Approve an engineering services agreement with PENCO Engineering, Inc., in
6228 an amount not to exceed $215,000, for the design of the Citywide Sanitary Sewer
Improvement Program /Projects - Group 5 (Lincoln Avenue from 850 feet west of
Gilbert Street to Magnolia Avenue).
10. Approve the Second Amendment to Agreement with KPMG, LLP, in the amount
5089.2 of $1,000,000 bringing the total not -to- exceed amount to $1,900,000, for the
ARTIC project management consultant and financial advisory services.
11. Approve and authorize the Director of Public Works to execute Contract Change
5234.0.2 Order No. 1, in favor of Sequel Contractors, Inc. and any related documents, in
the amount of $281,533.27, for the Katella Smart Street Improvements project -
Ninth Street to Humor Drive and increase the revenue and expenditure
appropriations for fiscal year 2009/10 accordingly.
13.
Approve agreements with BonTerra Consulting, Comprehensive Planning
6229 3644.A Services, Jones & Stokes Associates, Inc., Michael Brandman Associates, Post,
6230 6233
Buckley, Schuh & Jernigan, Inc., PCR Services Corporation, Templeton Planning
6231 6234
Group, Terry A. Hayes Associates and The Planning Center, each in an amount
not to exceed $200,000 in any fiscal year, to provide on -call environmental
3643.A 6237
services on an as- needed basis to support the Planning Department.
6232
14. Approve and authorize the Executive Director of Community Development to
6205 execute and administer the Cooperation Agreement with the Anaheim
Redevelopment Agency for the BEGIN program funding.
15. Approve and authorize the City Manager to execute a Workforce Investment Act
6243 Subrecipient Agreement with the North Orange County Regional Occupational
Council Meeting Minutes of May 18, 2010
Page 5 of 7
Program to provide training services to youth under a State sponsored pilot
program, the California Green Job Corps.
17. Approve an agreement, order form, and work order with Tibco Software, Inc., in
6235 the amount of $972,850, to implement an Enterprise Service Bus, approve
6235.0.1 Amendment No. 2 to the General Agreement with eMeter Corporation amending
the statement of work and increasing compensation in an additional amount of
6235.0.2 $142,200, approve an agreement with OPOWER, Inc., in the amount of
4861.2 $676,900, to provide and implement a hosted consumer engagement solution
6236 and authorize the Public Utilities General Manager to execute all agreements and
take such actions as are necessary or required to implement and administer the
agreements.
18. RESOLUTION NO. 2010 -051 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. 11336,
11339, 11343, 11344, 11345 and 11346).
19. RESOLUTION NO. 2010 -052 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of
P124 Anaheim certain real properties or interests therein (City Deed Nos. 11347 and
11348).
20. RESOLUTION NO. 2010 -053 A RESOLUTION OF THE CITY COUNCIL
Pilo OF THE CITY OF ANAHEIM vacating two public utility easements located at 555
N. State College Boulevard pursuant to California Streets and Highway Code
Section 8330, et seq. - summary vacation (Abandonment No. ABA 2010 - 00183).
21. RESOLUTION NO. 2010 -054 A RESOLUTION OF THE CITY COUNCIL
Pilo OF THE CITY OF ANAHEIM vacating a portion of a public utility easement
located at 711 E. La Palma Avenue pursuant to California Streets and Highway
Code Section 8330, et seq. - summary vacation (Abandonment No. ABA 2009-
00200).
23. RESOLUTION NO. 2010 -055 A RESOLUTION OF THE CITY COUNCIL
D175 OF THE CITY OF ANAHEIM initiating proceedings for the annual levy of
assessments in, and accepting an assessment engineer's report for, Anaheim
Resort Maintenance District.
RESOLUTION NO. 2010 -056 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM declaring its intention to provide for an annual levy
and collection of assessments in the Anaheim Resort Maintenance District, and
setting a time and place for public hearing thereon (Public hearing scheduled for
June 8, 2010).
24. ORDINANCE NO. 6171 (INTRODUCTION) AN ORDINANCE OF THE
C280 CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the
Anaheim Municipal Code relating to zoning (Reclassification No. 2010 - 00234;
DEV2010- 00005; 336 -500 South Anaheim Boulevard; Packing House).
25. Approve minutes of the Council meetings of April 27, 2010 and May 4, 2010.
Council Meeting Minutes of May 18, 2010
Page 6 of 7
END OF CONSENT:
12. Adopt the Citywide Historic Preservation Plan, including the list of historic and
D155 potentially historic properties.
Elisa Stipkovich, Community Development Executive Director, reported City staff, with
input from the Historic Preservation Committee had drafted a comprehensive Historic
Preservation Plan that identified and clarified structures of historic interest within the four
existing historic districts as well as identifying other historic structures not located within
those districts. She pointed out there were 109 structures eligible for further
consideration outside the historic districts in which property owners could come in and
request to be considered formally on the list and become eligible for the Mills Act. She
noted the list identified three historically significant homes outside of the districts which
were either on the national or county register of historical places: the White House on
Anaheim Boulevard, the Stanton Home and the Ramon Peralta Adobe in Anaheim Hills.
Those three properties, she added, would become historically significant for the City as
well. The Plan would be voluntary with no mandatory guidelines with the exception of a
sixty day delay in the issuance of a demolition permit for a listed historic property to
allow for the community to explore a mutually acceptable alternative to demolition of a
historic structure.
Mayor Pringle remarked this Council had been aggressive in creating tools such as the
Mills Act for this program and adding historic districts in which the Mills Act could be
utilized. He thanked staff for making this Plan a high priority. Council Member Galloway
thanked the Ad Hoc committee for their efforts, emphasizing her pleasure in the Plan
document with its pictures, explanation of architectural design and history. Council
Member Hernandez asked that the Committee members be introduced and recognized
for their efforts (Committee members in the audience stood for recognition). Council
Member Kring congratulated all involved and was particularly pleased that the Peralta
adobe home had been kept intact for future generations. Council Member Sidhu also
expressed his thanks to the committee and staff.
Council Member Galloway moved to approve Item No. 12, seconded by Council Member
Hernandez. Roll Call Vote: Ayes — 5: Mayor Pringle and Council Members: Galloway,
Hernandez, Kring and Sidhu. Noes — 0. Motion Carried.
16. Approve the Public Utilities Department's updated Annual Energy Efficiency and
D182 Demand Reduction Goal of 1 % of forecasted retail electric sales for the period
beginning 2010 through 2020 and authorize the Public Utilities General Manager
to submit the Goal and related documents to the California Energy Commission,
and take such actions as are necessary to implement the Goal.
Marcie Edwards, Public Utilities General Manager, reported AB 2021 became law in
2006 and required governing bodies of public utilities to establish a rolling ten -year
energy efficiency and demand reduction goal as well as provide regular reports to the
California Energy Commission (REC) regarding progress in meeting those goals. In
2007, Council approved the goal of .6 percent of forecasted retail sales, a goal that was
required to be updated every three years. The new goal now being recommended to
Council for approval was .94 percent which the Department believed could be achieved
by expanding rebates for purchase of energy efficient appliances, more traffic signal
retrofitting and variety of lighting efficiency incentives.
Council Meeting Minutes of May 18, 2010
Page 7 of 7
Council Member Hernandez moved to approve Item No. 16, seconded by Council
Member Kring. Roll call vote: Ayes — 5: Mayor Pringle and Council Members: Galloway,
Hernandez, Kring and Sidhu. Noes — 0. Motion Carried.
COUNCIL COMMUNICATIONS:
Council Member Hernandez reported on his attendance at the Southern California
Association of Governments (SCAG) Annual Regional Conference where he accepted
the Sustained Leadership Award on behalf of the City for the ARTIC project. He
announced the All Star Game Fanfest scheduled for July 9th through 13 2010 and
continued to encourage residents to provide the most accurate information to census
advisors.
Council Member Galloway commented on the Mayor's TechScholar Program
commending him for his vision and success of the program. She thanked Chief of
Police, John Welter, for his participation in the Walk for Peace held on May 11 and
recognized City employee, Robert Luciano, Public Works.
Council Member Kring congratulated Canyon and Savanna High Schools for competing
and placing in the 8 Annual Solar Cup competition. She also announced Annual Airport
Day on May 22 "d at Fullerton Airport and the Memorial Day ceremony to be held at the
Anaheim Cemetery. She also offered comments on Proposition 16 on the June 8th
ballot.
Council Member Sidhu reported on his attendance at the West Anaheim Neighborhood
Development Council's Annual BBQ and the Taste of Anaheim. He also announced
Public Works Week and the upcoming Orange County Job Fair to be held on June 2nd
Mayor Pringle thanked Council Member Hernandez for accepting the Sustained
Leadership Award on behalf of the City at the SCAG Annual Regional Conference. He
also recognized the winners of the TechScholar awards and thanked the sponsors and
judges for their contributions. In addition, he reported on his attendance in New York
City for bond rating and funding as it pertained to Canyon power plant and further
outlined the upcoming budget hearings and the red light camera charter amendment.
ADJOURNMENT:
At 6:41 P.M., Mayor Pringle adjourned the meeting to June 8, 2010 at 2:00 P.M. for the
Fiscal Year 2010/11 Budget Public Hearing.
r Reully submitted,
Linda N. Andal, CIVIC
City Clerk