2009/10/13 ANAHEIM CITY COUNCIL
REGULAR AND REGULAR ADJOURNED MEETING
OF OCTOBER 13, 2009
The regular meeting of October 13, 2009 was called to order at 3:00 P.M. and adjourned
to 3:30 P.M. for lack of a quorum. Mayor Pringle called to order the adjourned regular
meeting of October 13, 2009 at 3:35 P.M. in the Chambers of Anaheim City Hall located
at 200 South Anaheim Boulevard. A copy of the agenda was posted on October 9, 2009
on the kiosk outside City Hall.
ADDITIONS /DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
Council recessed 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 ANTICIPATED LITIGATION
(Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the
Government Code)
Number of potential cases: Two
3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Jerry Alexander et al. v. City of Anaheim et al., USDC Case No.
CV08 -08596 DOC (ANx)
4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Renee Alexander et al. v. City of Anaheim et al., USDC Case
No. SACV -09 -0069 DOC (RNBx)
5. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Shanaaz M. Bawa v. City of Anaheim, et al., Orange County
Superior Court Case No. 30 -2008 00112234
6. CONFERENCE WITH LEGAL NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the Government Code)
Agency designated representative: Kristine Ridge
Name of employee organizations: Anaheim Police Association, Anaheim
Municipal Employees' Association General and Clerical Units, Service
Employees International Union, Local 1877, Anaheim Fire Association, Local
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2899, Teamsters, Local 952 International Brotherhood of Electrical Workers,
Local 47
At 5:00 P.M., the Council session was reconvened.
Invocation: Pastor Roger Frick, Zion Lutheran Church
Flag Salute: Council Member Lucille Kring
Presentations: Recognizing the Anaheim Fire Department School Poster Contest
winners
Fire Chief Roger Smith introduced winners of the Disaster Preparedness Be a Flu
Fighter poster contest. Chief Smith introduced the eight winners, four from 1s through
3 grade and four from 5 through 6 grade, and congratulated the winners for
participating and promoting awareness about flu prevention.
Recognizing long term City of Anaheim employees celebrating their 25 30 and
5 year with the City.
Walt Jerz, Human Resources Department, announced there were 68 employees
meeting the above criteria for longevity with the City and introduced those employees
able to be present.
Acceptance of Other Recognitions (To be presented at a later date):
Proclaiming October 18 24, 2009, as Childhood Lead Prevention
Week for Kids
Dr. Nancy Bowen, Chief Medical Officer for Orange County Health Care Agency,
thanked Council for bringing awareness to the problem of lead poisoning in children,
remarking that many Anaheim children had been diagnosed with lead poisoning due to
housing stock built before 1978 using lead -based paint.
Recognizing Orange County Hispanic Education Endowment Fund
Apple of Gold Award recipients
Proclaiming October 18 24, 2009, as National Save for Retirement
Week
Kristine Ridge, Human Resource Director, thanked Council for helping bring attention to
National Save for Retirement Week, a time when staff promoted the importance of
saving and providing education and information for employees to take full advantage of
saving plans offered by the City.
At 5:11 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency for the
purpose of providing joint public comments with the Anaheim City Council.
ADDITIONS /DELETIONS TO THE AGENDAS: None
PUBLIC COMMENTS (all agenda items):
Scott Campos, resident, remarked on the morning of September 26 a vehicle crashed
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through his back wall and landed in his pool resulting in a young man's death. Mr.
Campos asked for assistance from the City to provide for some type of restraint to be put
in place to prevent similar accidents in the future. He added this area was known as a
hot spot for both DUI's and accidents. Mayor Pringle invited Mr. Campos to a future
Council meeting for a discussion on this issue after Council had a full briefing from the
Police and Public Works Department on this specific incident.
Kelly Buffa, resident, spoke on behalf of the 13 MEU Adoption Committee, reporting the
unit had returned from deployment with some injuries but no loss of life and the
Committee was hosting a dinner to honor these marines on October 25 at the White
House restaurant.
Curt B. reiterated his protest against the Parkview Pump Station low bidder. He
disagreed with staffs recommendations to waive a requirement to include a required
certification document in the bid, stating it would send a signal that the City did not stand
behind bid specifications.
Dr. O'Dell, OCCO, thanked Council and staff for working towards the extension of the
Affordable Housing Strategic Plan.
Jonas Cervano, resident, remarked it had been a long journey for the St. Boniface
community to bring awareness for the need for affordable housing in Anaheim and
thanked Council and staff for allowing community participation.
Nadir Zhan, resident, expressed concern regarding a gun store which opened for
business at 327 Magnolia, 100 yards from Maxwell Elementary School. He asked
Council for assistance.
Eric Altman, OCCORD, voiced support for extension of the Affordable Housing Strategic
Plan. He thanked Council for taking the lead in addressing a housing problem that had
grown to crisis proportions before this Council had taken office and looked forward to
working on other issues in this same spirit.
Caesar Covarrubias, Kennedy Commission, stated Anaheim now served as a role model
to other cities where the Kennedy Commission encouraged the vision to plan for housing
for all income segments of the community. Anaheim's investment of over $100 million in
its community was pointed to as an example of the valuable impact affordable housing
could have in other municipalities.
At 5:35 P.M., Council session was recessed to consider the Redevelopment Agency
agenda, and reconvened at 5:36 P.M.
Council Member Hernandez suggested staff address the City's ability to deny a gun
store permit which did not violate permit codes, an issue which had arisen during public
comments. Mayor Pringle remarked staff would address that issue later in the meeting.
CONSENT CALENDAR:
Council Member Hernandez removed Item No's. 7 and 16 from the consent calendar for
further discussion. Mayor Pringle removed Item No. 18 and Council Member Galloway
removed Item No. 20. Council Member Sidhu moved to waive reading in full of all
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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 Kring.
Roll call vote: Ayes 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring
and Sidhu. Noes 0. Motion Carried.
5. Receive and file minutes of the Senior Citizen Commission meeting of August 13,
B105 2009; Community Services Board meeting of August 13, 2009; Parks and
Recreation Commission meeting of August 26, 2009 and Public Utilities Board
meeting of August 26, 2009.
6. 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.
8. Award the contract to the lowest responsible bidder, THOMCO, Inc., in the
AGR -5903 amount of $1,384,000, for the Central Library Interior Remodel Phase 3 project
and authorize the Finance Director to execute the Escrow Agreement pertaining
to contract retentions.
9. Award the contract to the lowest responsible bidder, International Line Builders,
AGR -5904 Inc., in the amount of $6,750,000, for the Underground District No. 49 project
(Lincoln Avenue to Winston Road) and replacement of automatic transfer
switches at Angel Stadium of Anaheim and authorize the Finance Director to
execute the Escrow Agreement pertaining to contract retentions.
10. Award the contract to the lowest responsible bidder, Marina Landscape, Inc., in
the amount of $430,027.10, for the Santa Ana Canyon Road Landscape and
AGR -5905 Irrigation Improvements project (Via Cortez to 500' east of Quintana) and
authorize the Finance Director to execute the Escrow Agreement pertaining to
contract retentions.
11. Accept the low bid of David T. Wasden, Inc., in an amount not to exceed
D180 $901,680, for sewer and storm drain repair and maintenance 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 #7297.
12. Accept the low bid of Mobile Concrete, in the amount of $184,862.50, for ready
D180 mix concrete 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 #7299.
13. Accept the lowest responsive and responsible bid and approve an agreement
with ValleyCrest Landscape Maintenance, Inc., in an amount not to exceed
AGR -5906 $1,871,969, for landscape maintenance services for the west sector of the
Anaheim Resort for a two year period with three one -year optional renewals and
authorize the Purchasing Agent to exercise the renewal options, in accordance
with Bid #7290.
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tower addressed the fact this was the tallest office building in Anaheim. She offered an
alternative recommendation of Anaheim Center Street Tower which addressed those
same criteria.
Council Member Hernandez remarked he felt the name of City Hall West had caused
confusion to many visitors and he embraced the Anaheim West Tower designation as
representative of the building and its location and moved to approve the change.
Council Member Kring concurred with the name change, however, suggested
postponing it for six months as signing and other name related changes could cost up to
$30,000 in unbudgeted expenses at this time. Mayor Pringle suggested if there was an
interest in changing the name of the building, Council could elect to control costs by
gradually changing signs or other name change expenses through attrition. Council
Member Sidhu asked how many street signs would need to be changed out with Ms.
Edwards responding the eight street directional signs had been budgeted for change out
due to wear associated with graffiti removal or sun damage and there would be no extra
cost associated with that specific change. Council Member Sidhu concurred in having
any other associated costs handled through attrition. Mayor Pringle asked that the
motion be modified to include the statement that no additional resources would be spent
this fiscal year on the name change, other than budgeted expenses and that City Hall
would no longer be referred to as City Hall East.
Council Member Hernandez concurred and moved to: 1) approve Item No. 16 name
change to Anaheim West Tower, 2) to also ensure that no additional resources be
expended in this fiscal year, other than budgeted sums, and 3) that 200 South Anaheim
Boulevard be identified as City Hall, not City Hall East. Roll call vote: Ayes 5; Mayor
Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion
Carried.
18. Approve the Karcher Family Collection Deed of Gift by the Karcher Beneficiaries,
AGR -5907 authorize the Director of the Community Services Department to accept the gift
on behalf of the City, execute necessary documents to complete the acquisition
and the Deed of Gifts for future donations to the local history collection
archives.
Mayor Pringle announced Council had the privilege of acknowledging a donation to
Anaheim Public Library's Heritage Reading room of some rare and irreplaceable
materials to document Anaheim's modern era. The Karcher family's collection
chronicled the Karcher family, the business, the community and the life of Carl and
Margaret Karcher consisting of over 1,500 documents, memorabilia and publications.
He thanked the Karcher daughters for their gift on behalf of the City and moved to
approve Item No. 18, seconded by Council Member Kring. Roll call vote: Ayes 5;
Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0.
Motion Carried.
20. Adopt the 2009 -2014 Affordable Housing Strategic Plan.
D155
Mayor Pringle reported Item No. 20 referenced adoption of the 2009/2014 Affordable
Housing Strategic Plan, an extension of the initial plan adopted in 2005 with a four year
goal. He stated that goal had been fulfilled and even during these challenging times in
housing development, the new Plan remained focused on the future.
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Elisa Stipkovich, Community Development Executive Director, announced staff was
recommending approval of the Affordable Housing Strategic Plan extension to Year
2014. Staff was also recommending taking the current goal of 1,349 along with the units
currently in development process, to provide for a total of 3,012 units in development by
Year 2014. In addition, the scope of the plan would be expanded to include home
ownership and new construction and opportunities for affordable housing dealing with
existing needs such as rehabilitation of current property and troubled neighborhoods.
She also identified the alternative goal should the State take redevelopment revenues
from cities.
Council Member Galloway acknowledged Council, staff and the many community groups
who encouraged this innovative unique plan and remained committed to this effort. She
was personally moved to have watched how plans from five years ago now reflected
beautiful affordable housing that made a difference in people's lives.
Council Member Hernandez thanked Jamboree Housing, Mercy Housing and Habitat for
Humanity for partnering with the City in this effort. He also praised the efforts and
patience of Jimmy Gaston and Gary Fraser for working toward housing for the disabled.
Mayor Pringle remarked he was also proud of Council and staff for having attained this
level of affordable housing by providing a path towards making affordable housing
attractive to developers. He added he could point to each affordable housing project
completed as wonderful examples of community improvement.
Council Member Kring concurred, pointing out that all of the affordable housing projects
contained amenities for children and adults, such as after school programs or adult
financial classes with the aim of having residents improve their economic status and go
forward, leaving vacancies for others in need of affordable housing.
Council Member Galloway moved to approve Item No, 20, seconded by Council Member
Hernandez. Roll call vote: Ayes 5; Mayor Pringle, Council Members: Galloway,
Hernandez, Kring and Sidhu. Noes 0. Motion Carried.
RE: Public Comment referencing Issuance of Gun Store Permit:
Mayor Pringle requested the City Attorney address the earlier comment made regarding
a gun store operating at 327 Magnolia Avenue. City Attorney Cristina Talley responded
City Code provided that upon approval by the Police Department, and as long as the use
was allowed in a particular zone, a business license could be issued to sell guns and it
was her understanding that the Police Department did not object to this permitted use.
Report on Closed Session Actions: None
Council Communications:
Mayor Pro Tem Hernandez congratulated the Angels on sweeping the division league
series against the Red Sox and expressed his continued support. He encouraged
residents to participate in the U.S. Census and spoke of an upcoming forum at the
Downtown Community Center to heighten awareness regarding housing for persons with
disabilities.
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Council Member Galloway spoke of her attendance at the Gift of History attended by
5,000 third graders who received the history book of Anaheim to enhance their
curriculum. She also attended the Anaheim High School re -grand opening with over $34
million of campus improvements and the Muzeo Gala which celebrated the coming of
the extraordinary Napoleon exhibit. She also recognized City employee Yolanda
Hernandez in the Finance Department.
Council Member Kring reported her attendance at the Annual League of California Cities
conference in San Jose and of attending the Muzeo Gala highlighting the Napoleon
exhibit. She also announced the Heart of Anaheim Chamber Mixer to be held on
October 27 the Spooktacular Halloween Parade on October 31 and a fundraiser
dinner in honor of the 13 MEU at the Anaheim White House to be held on October 25
Council Member Sidhu spoke of his attendance at the Gift of History and the Muzeo
Gala and announced October as National Art Month, encouraging all to celebrate the
arts. He spoke of Mayor Pringle's press conference with Governor Arnold
Schwarzenegger regarding set aside funds for the high -speed rail development under
the American Recovery and Reinvestment Act and Anaheim's receipt of the U.S.
Department of Commerce grant funds in the amount of $7.275 million to the City,
creating a pedestrian walkway linking the Metrolink to businesses in the Canyon
Business Center.
Mayor Pringle spoke of the success of the Gift of History and the Muzeo Gala. He
announced the upcoming Mayor's Prayer Breakfast and the new look to the City's
website, www.anaheim.net. He also provided information on the Anaheim Apps
Challenge contest and encouraged participation in this month -long contest. He reported
on the completion of Kaiser Permanente Campus, Phase 1 and invited all to attend the
dedication of this 116,000 square foot office building on October 15 He emphasized
that even in these tough economic times; the community was there to partner with the
City and contributed to making these events successful.
Adjournment: With no other business to conduct, Mayor Pringle adjourned the October
13, 2009 meeting at 6:36 P.M.
Re ully sub fitted,
Linda N. Andal, CMC
City Clerk