2008/10/28ANAHEIM CITY COUNCIL REGULAR AND
REGULAR ADJOURNED MEETING OF OCTOBER 28, 2008
The regular meeting of October 28, 2008 was called to order at 3:00 P.M. in the Chambers of
Anaheim City Hall located at 200 South Anaheim Boulevard and adjourned to 4:30 P.M. for lack
of a quorum. The regular adjourned meeting of October 28, 2008 was called to order by Mayor
Pringle at 4:35 P.M. A copy of the agenda was posted on October 24, 2008 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 Jack White, and City Clerk Linda
Andal.
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
Council recessed to closed session for the following item:
CLOSED SESSION
PUBLIC EMPLOYEE APPOINTMENT
Title: City Attorney
At 5:00 P.M., Council reconvened from closed session for the remainder of the agenda.
Invocation: Jack White, City Attorney
Flap Salute: Mayor Pro Tem Bob Hernandez
Presentations: Recognizing the Anaheim Ballet on receiving the Arts Orange County 2008
Outstanding Arts Organization of the Year Award
Mayor Pringle recognized Anaheim Ballet for receiving the Outstanding Arts Organization award
and introduced Larry Rosenberg, Executive Director, who accepted the tribute on behalf of the
organization.
Recognizing the Muzeo on receiving the Arts Orange County 2008
Outstanding Contribution to the Built Environment Award
Mayor Pringle also recognized the Anaheim Muzeo staff and foundation members Director
Peter Comiskey who thanked Council for their support and encouragement of public arts.
City Council Minutes of October 28, 2008
Page 2 of 8
Acceptance of Other Recognitions fTo be presented at a later date):
Proclaiming November 1, 2008, as Step Out: Walk to Fight Diabetes Day
Recognizing the Goodwill Fitness and Technology Center
At 5:14 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency and Anaheim
Housing Authority (in joint session with the Anaheim City Council).
ADDITIONS/DELETIONS TO THE AGENDAS: Staff amended Item No. 28, decreasing the
annual maintenance fee identified in the staff report from $24,000 to $9,600.
PUBLIC COMMENTS (all agenda items):
William Fitzgerald, resident, spoke in opposition to the nightly Disneyland fireworks displays and
the resulting health impacts on the community
James Robert Reade, resident, shared his political observations.
Cynthia Ward, resident, requested Council consider a time limit for campaign signs.
Gigi Meese, Musical Theatre West, thanked Council, the Chambers and the Visitors &
Convention Bureau for their support and announced a November 7'h fund-raising event to be
held at the Grove of Anaheim.
Marcy Shaubeck, business owner, spoke of the rigorous licensing and conditional use permit
process necessary before a massage business was permitted in the City recommending the
same process be required for foot massage therapists as well.
At 5:29, Mayor Pringle recessed the Anaheim City Council meeting to consider the
Redevelopment Agency agenda, reconvening Council session at 5:30 P.M.
CONSENT CALENDAR: Council Member Pringle removed Item No's. 13, and 17 and Council
Member Kring removed Item No. 25 from the consent calendar for further discussion. Council
Member Sidhu moved to waive reading in full of all ordinances and resolutions and 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 Kring. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members:
Galloway, Hernandez, Kring and Sidhu. Noes - 0.
5. Receive and file minutes of the Public Library Board meeting of September 8, 2008.
B 105
6. Approve the Investment Portfolio Report for the month of September 2008.
D117
7. Award of contract to the lowest responsible bidder, Mike Prlich and Sons, Inc., in the
5411 amount of $783,047, for the Citywide Sanitary Sewer Improvement Program/Projects,
Group 3 at Santa Ana Street, Anaheim Boulevard and Elm Street and authorize the
Finance Director to execute the Escrow Agreement pertaining to contract retentions.
8. Award of contract to the lowest responsible bidder, Pouk & Steinle, Inc., in the amount of
5412 $3,490,000, for the Underground District No. 50 and No. 53 (Euclid Street) project and
City Council Minutes of October 28, 2008
Page 3 of 8
authorize the Finance Director to execute the Escrow Agreement pertaining to contract
retentions.
9. Award the contract to the lowest responsible bidder, Stephen Doreck Equipment
5413 Rentals, Inc., in the amount of $314,657, for the Katella Avenue 8" water main
replacement project and authorize the Finance Director to execute the Escrow
Agreement pertaining to contract retentions.
10. Accept the lowest responsive bid of Badger Meter, Inc., in an amount not to exceed
D175 $245,467.65, for the as-needed purchase of water meters for the Utilities Department 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 # 711
11. Approve an agreement with RCS Investigations & Consulting for pre-employment
4209.A criminal records searches.
12. Approve Legal Services Agreement and Fee Allocation Amendment No. 1 with McKool
5294.A.O.C.1Smith, P.C. relating to transient occupancy tax payment by on-line travel companies.
14. Approve and authorize the Public Utilities General Manager to execute agreements with
5416 - 5424 Development Resource Consultants, Inc., DMc Engineering, Forkert Engineering &
Surveying, Inc., KFM Engineering, Inc., Merit Civil Engineering, Inc., Sanders &
Associates Geostructural Engineering, Inc., Towill, Inc., VA Consulting, Inc., and Willdan
Engineering to provide professional civil engineering and easement services to the
Public Utilities Department.
15. Approve and authorize the Public Utilities General Manager to execute agreements with
5425 - 5440 Advanced Grounding Concepts, Asplundh Construction Corporation, Berg Power
Engineers, Burns & McDonnell, Dahl, Taylor & Associates, Electrical Consultants, Inc.,
Engineering Partners, Inc., Faith Com, Inc., Henkels & McCoy, Inc., Intermountain
Consumer Professional Engineers, Inc., Nate Mullen Visual Concepts, LLC, Par
Electrical Contractors, Inc., Phazer Electric, Inc., Q3, Inc., Stanley Consultants, Inc., and
TOR Engineering Corporation to provide professional electrical engineering services to
the Public Utilities Department.
16. Approve and authorize the Public Utilities General Manager to execute agreements with
5441 - 5454 Advanced Control Systems, Inc., Auriga Corporation, Black & Veatch Corporation,
Burns & McDonnell Corporation, Dahl, Taylor & Associates, Inc., DLT&V Systems
Engineering, Inc., EI Technologies, LLC, Faith Com, Inc., Harris Group, Inc., JDL
Design, LLC, Nobel Systems, Inc., Paragon Partners, Ltd., Power Engineers, Inc. and
Tadpole Cartesia, Inc. to provide professional telecommunication engineering services
to the Public Utilities Department.
18. Reaffirm the annual Licensing Agreement with Global Energy Decisions, LLC (GED) and
4867.A ratify payments made to GED and approve and authorize the Public Utilities General
Manager to execute the Assignment and Assumptions Agreements with VentyxT"" and
GED for computer software end user network license and consulting services.
19. Determine, on the basis of the evidence submitted by KB Urban, that the property owner
3622 has complied in good faith with the terms and conditions of Development Agreement No.
City Council Minutes of October 28, 2008
Page 4 of 8
2005-00006 for the 2007-2008 review period for the Gateway Centre Condominiums in
The Platinum Triangle.
20. Certify the amendments to Rule 12 of the Electric Rates, Rules and Regulations are
D182 statutorily exempt under the California Environmental Quality Act, Public Resources
Code, Section 21080(b)(8), in accordance with Title 14 of the California Administrative
Code, Section 15273(a).
RESOLUTION NO. 2008-181 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM amending rates, rules and regulations for the sale and
distribution of electricity as originally adopted by Resolution No. 71 R-478 and most
recently amended by Resolution No. 2008R-067.
21. RESOLUTION NO. 2008-182 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).
22. RESOLUTION NO. 2008-183 A RESOLUTION OF THE CITY COUNCIL OF
P110 THE CITY OF ANAHEIM vacating excess street right-of-way located at 929 Anaheim
Boulevard pursuant to California Streets and Highway Code section 8330, Et Seq. -
Summary Vacation (Abandonment No. ABA 2008-00177).
23. RESOLUTION NO. 2008-184 A RESOLUTION OF THE CITY COUNCIL OF
P110 THE CITY OF ANAHEIM approving the conveyance by quitclaim deed of the City's right,
title and interest in Assessor Parcel Number 037-123-03 (Abandonment No. ABA2008-
00187).
24. RESOLUTION NO. 2008-185 A RESOLUTION OF THE CITY COUNCIL OF
P110 THE CITY OF ANAHEIM setting a public hearing date for the proposed reduction in
width to a fire and pedestrian access easement from twenty-feet to ten-feet located at
570 Calle de Casas (Abandonment No. ABA 2008-00179; Proposed public hearing
scheduled for December 16, 2008).
26. RESOLUTION NO. 2008-187 A RESOLUTION OF THE CITY COUNCIL OF
D160 THE CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a
grant application on behalf of the City of Anaheim, with the U.S. Department of Justice,
to participate in the FY 2008 Congressional Earmark Edward Byrne Memorial
Discretionary Grant Program, authorizing the Chief to execute all required grant
documents, and if awarded, authorizing the acceptance of such grant on behalf of the
City and amending the budget for fiscal year 2008-09 accordingly.
27. RESOLUTION NO. 2008-188 A RESOLUTION OF THE CITY COUNCIL OF
D160 THE CITY OF ANAHEIM approving a record retention schedule for the Anaheim Police
Department.
28. RESOLUTION NO. 2008-189 A RESOLUTION OF THE CITY COUNCIL OF
5408 THE CITY OF ANAHEIM approving a revised construction and maintenance agreement
between the City of Anaheim and Southern California Regional Rail Authority for rail-
highway grade crossing safety enhancements and safety measures related to quiet
zone implementation for construction and maintenance at State College Boulevard, Ball
Road, La Palma Avenue, Sycamore Street, East Broadway, Santa Ana Street, East
City Council Minutes of October 28, 2008
Page 5 of 8
South Street, Vermont Avenue, Cerritos Avenue, Orangethorpe Avenue, La Palma
Avenue, Jefferson Street, Miraloma Avenue and Tustin Avenue, and rescinding
Resolution No. 2008-172 of the City Council of the City of Anaheim.
Approved as amended.
29. ORDINANCE NO. 6119 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL
F130.4 OF THE CITY OF ANAHEIM amending Ordinance No. 5639 to extend the term of the
franchise granted to Mobil Oil Corporation for the right to maintain and operate a system
of pipelines for the transportation of oil, gas, and other substances in and across a
portion of Jefferson Street between Atwood Channel and Orangethorpe Avenue in the
City of Anaheim (Introduced at Council meeting of October 14, 2008, Item No. 31 ).
30. ORDINANCE NO. 6120 (ADOPTION) AN ORDINANCE OF THE CITY OF
C280 ANAHEIM repealing Ordinance Nos. 6088 and 6103 pertaining to Zoning Code
Amendment No. 2007-00056 (Introduced at Council meeting of October 14, 2008, Item
No. 33).
ORDINANCE NO. 6121 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM repealing Ordinance Nos. 6089 and 6104 pertaining to Reclassification No.
2007-00196 (Introduced at Council meeting of October 14, 2008, Item No. 33).
31. Approve minutes of the Council meeting of October 14, 2008.
END OF CONSENT CALENDAR
13. Approve and authorize the Public Utilities General Manager to execute the Utility Pole
5415 Lease Agreement with Sunesys, LLC, for a term of 25 years, to facilitate non-
discriminatory access to its poles in compliance with the Federal Telecommunications
Act of 1996.
Marcie Edwards, Utilities General Manager, reported the Sunesys firm planned to install
overhead telecommunications equipment on 262 of Anaheim's utility poles. She explained
federal law required the City to provide nondiscriminatory access to those poles and was not
able to disqualify requests due to aesthetic reasons. She emphasized if an underground district
was established in the future for any of these sites, the company would be compelled to
underground its equipment as well. She noted the lease agreement would generate $8,000 a
year for the Utilities Department and recommended approval.
Council Member Hernandez moved to approve Item No. 13, seconded by Council Member
Kring. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring
and Sidhu. Noes - 0. Motion Carried.
17. Approve and adopt the consumer credit protection program and procedures designed to
D182 protect customer identification and credit information as mandated by the Federal Fair
and Accurate Credit Transactions Act of 2003 (FACT Act) and direct the Public Utilities
General Manager to both implement as well as periodically review and refine the
program to address changes in the FACT Act or successor statute.
Marcie Edwards, Utilities Department, explained this item was a request to modify existing
procedures related to consumer protection due to recent changes in the FACT Act. She noted
City Council Minutes of October 28, 2008
Page 6 of 8
while the Utilities Department had policies in place to address identification theft concerns, the
recent regulations required the Department to use red flag implicators such as fraud alerts,
notification by credit reporting agencies and credit freezes. She indicated the Department
would be increasing data security measures and requested approval of Item No. 17.
Council Member Hernandez emphasized the measures the Utilities Department had in place to
protect confidential information related to credit and moved to approve Item No. 17, seconded
by Council Member Sidhu. Roll call vote: Ayes - 5; Mayor Pringle, Council Members:
Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
25. RESOLUTION NO. 2008-186 A RESOLUTION OF THE CITY COUNCIL OF
D114 THE CITY OF ANAHEIM establishing the days and times of regular meetings of the
City Council.
Council Member Kring suggested Council consider changing certain meeting dates. After
some discussion, Council Member Hernandez moved to approve Resolution No. 2008-186
establishing days and times of regular meetings of the Council as presented with Council to
review suggested changes for the September meeting dates and return at a future agenda with
those changes; the motion was seconded by Council Member Sidhu. Roll call vote: Ayes - 5;
Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0.
Motion Carried.
32. ORDINANCE NO. 6118 (ADOPTION) AN ORDINANCE OF THE CITY OF
5410 ANAHEIM approving the execution and delivery of the Canyon Power Project power
sales agreement (Introduced at Council meeting of October 14, 2008, Item No. 30).
Council Member Sidhu moved to adopt Ordinance No. 6118 approving the execution and
delivery of the Canyon Power Project power sales agreement, seconded by Council Member
Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez,
Kring and Sidhu. Noes - 0. Motion Carried.
33. Consider appointments to complete an unexpired term on the Budget Advisory
B105 Commission, term to expire June 30, 2009 and on the Cultural and Heritage
Commission, term to expire June 30, 2012.
BUDGET ADVISORY COMMISSION:
Appointment: Jonathan Dallas (expires June 30, 2009}
(Alden Esping)
Council Member Hernandez nominated Jonathan Dallas to the Budget Advisory Commission.
Straw vote reflected: Ayes: 3; Noes - 0, Abstentions - 2; (Council Members Kring and Sidhu).
Council Member Sidhu nominated Baiju Mehta. Straw vote reflected Ayes - 2; Noes - 0;
Abstentions - 3 (Council Members Galloway, Hernandez and Kring)
Council Member Kring nominated Mark Whitaker. Straw vote reflected Ayes - 1; Noes - 0;
Abstentions - 4; (Mayor Pringle and Council Members Galloway, Hernandez and Sidhu)
Mr. Dallas was appointed to the Budget Advisory Commission.
City Council Minutes of October 28, 2008
Page 7 of 8
CULTURAL & HERITAGE COMMISSION:
Appointment: Chris Maya (expires June 30, 2012)
(Corin Ramos Walson)
Council Member Kring nominated Chris Maya to the Cultural and Heritage Commission. Straw
vote reflected Ayes - 3; Noes - 0, Abstentions - 2 (Council Members Galloway and
Hernandez).
Council Member Hernandez nominated Velma Shivers. A straw vote reflected Ayes - 2; Noes
- 0, Abstentions - 3 (Mayor Pringle and Council Members Kring and Sidhu).
Chris Maya was appointed to the Cultural & Heritage Commission.
34. Discussion concerning possible amendments to Chapter 4.29 of the Anaheim Municipal
M142 Code relating to foot massages.
City Attorney Jack White provided a brief overview of the current massage permit ordinance,
stating Chapter 4.29 of the Anaheim Code required permits for massage technicians and
massage operators. Part of the permitting regulations mandated certain educational
requirements be met, i.e. 500 hours of instruction for various related educational and practical
classes with all potential applicants required to pass both a written examination on the contents
of the Anaheim Municipal Code requirements as well as a written and practical examination
showing the ability to practice massage techniques. Currently, he added, there were
exemptions built into the ordinance which provided physicians and chiropractors, state licensed
cosmetologists and others of the healing arts profession an exemption from permit
requirements in rendering massages limited to feet, hands, neck, face, scalp and hair. In
addition, he explained, each facility must meet certain requirements relating to cleanliness,
recordkeeping, hours of operation, insurance requirements, lighting conditions and a
requirement that each facility had a shower available for patrons. On September 27th of this
year, Mr. White reported, the governor signed into law, SB 731, which effective January 1,
2009, would create a new state agency with the ability to oversee the issuance of massage
technician permits. He added it was not mandatory for technicians to have a state permit but
any technician going through this process would then be exempt from the requirement to obtain
a City permit. Mayor Pringle confirmed that the City could also adopt a regulation that anyone
properly licensed and permitted in another comparable city, could be licensed here.
Police Chief John Welter spoke about the balance in regulating certain businesses against the
potential for illegal activity. On this matter, after discussion with staff, he stated the Department
wished to encourage businesses and adopt some regulation that allowed the Department to
insure illegal activities did not occur.
Council Member Kring explained she had requested this discussion be agendized to consider
how permitting regulations related to individuals providing foot reflexology, a therapeutic
specialty offering health benefits. She asked to have a complete vetting of this and similar
types of businesses, remaining cognizant of any potential illegal activity and determining
whether the full massage technician requirements were necessary for individuals who provided
foot reflexology or chair massages in full view of the public without removal of clothing.
City Council Minutes of October 28, 2008
Page 8 of 8
Mayor Pringle concurred, stating he would like to have a fuller discussion at a subsequent
meeting with input from the Police Department regarding current restrictions and solutions
based on the types of massages offered and to schedule that discussion around January 2009.
He also requested details on the spa operation in the Garden Walk and whether the need for a
shower on the premises was limiting to their operation, requesting that information be provided
at the November 3~d meeting.
Report on Closed Session Action: None
Council Communications:
Council Member Hernandez announced the Anaheim Marine Adoption Committee would host a
fundraiser on Thursday, October 30, 2008 at Jerry's ARCO Station Car Wash to support the
13th Marine Expeditionary Unit. He commended Goodwill of Orange County in developing the
Goodwill Fitness and Technology Center, specifically created for persons with physical
disabilities and staffed by fully trained professionals.
Council Member Galloway commented on the large voter turnout for Early Voting held at the
City Clerk's Office.
Council Member Kring commented on the various services offered by Goodwill of Orange
County such as destruction of records and office building maintenance. She also commended
the Fall Festival committee for their success on the Festival Parade and thanked those who
hosted candidate forums in the community.
Council Member Sidhu reported on the success of the Fall Festival and spoke of the upcoming
Anaheim Marine Adoption Committee car wash fundraiser. He remarked on the presentation
made by the California National Guard to the Anaheim Hills Elementary School as part of Red
Ribbon Week and announced the citywide Charity Campaign, "Proud to Give Back", to be held
from November 3~d to November 14t" as well as the Cultural & Heritage Commission reception
to be held on November 7, 2008. He also congratulated Kathleen DuBois, a senior at Connelly
High School, for winning the Advanced Placement National Scholar Award for earning the
highest possible scores on eight advanced placement tests.
Mayor Pringle commented on the success of live streaming of Council meetings and the AT&T
U-verse system. He remarked Anaheim was the first in the state to allow AT&T to provide video
service into residential homes, sharing that it was now offering the Anaheim local channel on
their "On Demand" product. He also commented on the increase voter turnout for Early Voting
held at the City Clerk's Office and commended the City Clerk's Department for their efforts in
increasing voter participation.
Adjournment:
At 6:29 P.M., with no further business,
at 3:00 P. M.
Res ctf Ily submitt d,
inda N. Andal, CMC
City Clerk
Mayor Pringle adjourned to Monday, November 3, 2008