ANAHEIM CITY COUNCIL AGENDA

 

Curt Pringle

Mayor

 

Harry S. Sidhu, P.E.

Mayor Pro Tem

 

Bob Hernandez

Council Member

 

Lorri Galloway

Council Member

 

Lucille Kring

Council Member

September 14, 2010

 

CITY COUNCIL

REDEVELOPMENT AGENCY

HOUSING AUTHORITY

 

§                 ORDER OF BUSINESS:  Public sessions of all regular meetings of the City Council/Redevelopment Agency/Housing Authority/Public Financing Authority/Public Improvement Corporation begin at 5:00 P.M.  Public hearings begin at 5:30 P.M. unless otherwise noted. Closed sessions begin at 3:00 P.M. or such other time as noted.  Closed sessions may be preceded by one or more public workshops.  If a workshop is scheduled, the subject and time of the workshop will appear on the agenda.  Not all of the above agencies may be meeting on any given date. The agenda will specify which agencies are meeting.

 

§                 REPORTS:  All agenda items and reports are available for review in the City Clerk’s Office, the Central Library, Canyon Library and www.anaheim.net.  Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805, during regular business hours.

 

§                 PUBLIC COMMENTS:  Prior to the business portion of the agenda, the City Council and all other related agencies meeting on such date will convene in joint session to receive public comments regarding any agenda items or matters within the jurisdiction of any such governing bodies.  This is the only opportunity for public input except for scheduled public hearing items.  The Mayor or chairperson will separately call for testimony at the time of each public hearing.  If you wish to speak, please step to the podium at the appropriate time and state your name and address for the record. The time limit established for public comments is three minutes per speaker unless a different time limit is announced. Testimony during public hearings is not subject to the three minute time limit but speakers are encouraged to be brief.  The Mayor or chairperson may limit the length of comments during public hearings due to the number of persons wishing to speak or if comments become repetitious or irrelevant. 

 

§                 ADDITIONS/DELETIONS: Items of business may be added to the agenda upon a motion adopted by a minimum 2/3 vote finding that there is a need to take immediate action and that the need for action came to the attention of the City or Agency subsequent to the agenda being posted. Items may be deleted from the agenda upon request of staff or upon action of the Council or Agency.  

 

§                 CONSENT CALENDAR:  Consent Calendar items will be acted on by one roll call vote unless members, staff or the public request the item be discussed and/or removed from the Consent Calendar for separate action.

 

200 S. Anaheim Blvd.

Anaheim, CA 92805

Tel: (714) 765-5166

Fax (714) 765-4105

www.anaheim.net

 

 

 

ANAHEIM CITY HALL

ANAHEIM, CALIFORNIA

September 14, 2010
3:30 P.M.


Call to order the Anaheim City Council.

3:30 P.M.- WORKSHOP

3:30 P.M. – 4:30 P.M. - Affordable Housing Strategic Plan Update - Annual Report

ADDITIONS/DELETIONS TO CLOSED SESSION:

PUBLIC COMMENTS ON CLOSED SESSION ITEMS:

Call to order the Anaheim Housing Authority and Anaheim Redevelopment Agency (in joint session with the Anaheim City Council).

Recess to closed session.

CLOSED SESSION

CLOSED SESSION ITEMS

EXISTING LITIGATION

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-EXISTING LITIGATION

(Subdivision (a) of Section 54956.9 of the Government Code)

Name of Case:  Alicia Cortez Gomez et al. v. City of Anaheim et al., OCSC Case No. 30-2009-00122292

3.                 CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Section 54956.8 of the Government Code)

Property: 915 East Orangewood Avenue and 2121 South Manchester Avenue

Anaheim Housing Authority/Redevelopment Agency Negotiators: Elisa Stipkovich

Negotiating Parties: Anaheim Housing Authority, Anaheim Redevelopment Agency, Orangewood Vistas and Manchester Park

Under Negotiation: Price and terms

LABOR NEGOTIATORS

ANTICIPATED LITIGATION

PROPERTY NEGOTIATORS

OPEN SESSION                                 

Invocation:              Pastor Ken Anderson, Grace Lutheran Church

Flag Salute:            Mayor Pro Tem Harry Sidhu

Presentations:        Recognizing the 2009 Mills Act recipients

Acceptance of Other Recognitions (To be presented at a later date):

Proclaiming September 17 - 23, 2010, as Constitution Week

ADDITIONS/DELETIONS TO THE AGENDAS:

PUBLIC COMMENTS (all agenda items except public hearings):

Recess the Anaheim City Council and Anaheim Housing Authority

5:00 P.M. - REDEVELOPMENT AGENCY

CONSENT CALENDAR:

1.                 Approve the rental of an affordable housing unit located at 541 S. Anaheim Blvd. in The Boulevard project for a period of one year, pursuant to Section 4.2.1 of the loan agreement.

2.                 Approve and authorize the Agency Executive Director to execute Amendment No. 1 to the Negotiation Agreement with Hopkins Real Estate Group for an extension of the agreement to December 31, 2010 for the Canyon Lakes Lifestyle Project.

3.                 Approve and authorize the Agency Executive Director to execute Amendment No. 1 to Property Operating Agreement between the Muzeo Foundation, Anaheim Redevelopment Agency, and the City for the continued operation of the Muzeo (related to Council Item No. 18).

4.                 RESOLUTION NO.                             A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY authorizing the issuance of not-to-exceed $6,573,000 principal amount of tax allocation bonds on certain terms and conditions, approving  a continuing disclosure certificate, approving the form and distribution of a Preliminary Official Statement and financing documents, authorizing certain other official actions and providing for other matters relating thereto.

5.                 Approve minutes of the Redevelopment Agency meeting of August 24, 2010.

Reconvene the Anaheim City Council (in joint session with the Anaheim Redevelopment Agency).

5:00 P.M. JOINT PUBLIC HEARING (Redevelopment Agency and City Council)

6.                 A joint public hearing to consider the Second Amendment to the Disposition and Development Agreement between the Agency and Zelman Anaheim, LLC to incorporate certain terms and conditions relating to the development of the Anaheim Westgate Retail Center (Center) and to consider a Donation Waiver and Release Agreement with The Walt Disney Company to receive the donation of the sun icon from the California Adventure Park, to incorporate into the Center.

Redevelopment Agency Action:

Approve and authorize the Agency Executive Director to execute and administer the Second Amendment to the Disposition and Development Agreement, in substantial form, with Zelman Anaheim, LLC and the Donation Waiver and Release Agreement with The Walt Disney Company.

MOTION:                               

City Council Action:

Approve the Second Amendment to the Disposition and Development Agreement, in substantial form, between the Anaheim Redevelopment Agency and Zelman Anaheim, LLC.

MOTION:                               

 

Adjourn the Anaheim Redevelopment Agency.

Recess the Anaheim City Council and reconvene the Anaheim Housing Authority.

5:00 P.M. - HOUSING AUTHORITY

CONSENT CALENDAR:

7.                 Approve the Neighborhood Improvement Rehabilitation and Rebate Program for the Avon/Dakota Neighborhood to provide incentives to property owners within Avon/Dakota to rehabilitate their properties and authorize the Authority Executive Director to execute future agreements.

8.                 Approve minutes of the Housing Authority meetings of June 22, 2010 and  August 24, 2010.

Adjourn the Anaheim Housing Authority.

Reconvene the Anaheim City Council.

5:00 P.M. - CITY COUNCIL

MOTION:                 Waive reading in full of all ordinances and resolutions and adopt the consent calendar.

CONSENT CALENDAR:

9.                 Receive and file the minutes of the Library Board meeting of June 14, 2010, Golf Commission meeting of July 22, 2010, Sister City Commission meeting of July 26, 2010 and Public Utilities Board meeting of July 28, 2010.

10.               Award the contract to the lowest responsible bidder, All American Asphalt, in the amount of $455,277, for the La Palma Avenue Street Improvements project from Clementine Street to Anaheim Boulevard, authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions and increase the Department of Public Works fiscal year 2010/11 revenue and expenditure appropriations by $506,168 for the American Recovery and Reinvestment Act funding.

11.               Accept the bid of Valley Cities/Gonzales Fence Company, in the revised amount of $292,934.49 (including tax and delivery), for the purchase of steel fencing, gates and gate operators for the Convention Center, in accordance with Bid #7418.

12.               Accept the low bid of Cabral Roofing & Waterproofing Corporation, in an amount not to exceed $384,975, which includes a 10% contingency, for roofing services at the Central Library, in accordance with Bid #7424.

13.               Accept the proposal from Bauer Compressors, Inc., in the amount of $1,401,570 (including taxes), for the purchase of air purifying respirators for the Police Department, in accordance with RFP #7409.

14.               Waive the sealed bid requirement of Council Policy 4.0 and ratify the issuance of a purchase order to General Pump Company Inc., in the amount of $54,522.26 (including taxes), for the emergency repair of Well 39 turbine pump for the Public Utilities Department.

15.               Waive the sealed bid requirements of Council Policy 4.0 and approve the Fourth Amendment to Agreement with Turbo Data Systems, Inc., extending services for an additional three months, at a cost of $19,935 per month for parking citation payment processing services.

16.               Approve and authorize the Director of Public Works to execute the Contract Change Order No. 1 and any related documents with Autobahn Construction, Inc., in the amount of $13,330.70, for the Sycamore Street Improvements project from Clementine Street to Anaheim Boulevard.

17.               Approve an Agreement for Acquisition of Real Property with Mathew and Dolores Biazevich, in the acquisition payment amount of $348,000, for property located at 1636 South Brookhurst Street for the Brookhurst Street Widening from Ball Road to Katella Avenue project (R/W ACQ2009-00347).

18.               Approve and authorize the Director of Community Services to execute Amendment No. 1 to Property Operating Agreement between the Muzeo Foundation, Anaheim Redevelopment Agency, and the City for the continued operation of the Muzeo (related to Agency Item No. 03).

19.               Approve the Electrical Utility Agreement with Tiger Electric, Inc., to provide various electrical services, on a non-exclusive basis, to persons at the Convention Center who require such services in connection with events.

20.               Approve the Amended and Restated Agreement with the Anaheim/Orange County Visitor & Convention Bureau (VCB) authorizing the VCB to provide the services necessary to promote Anaheim as a premier tourist and trade show/convention destination (approval contingent on the approval of Public Hearing Item No. 38, Resolution of Formation).

21.               Approve the 2011 Health and Welfare Plan Rates and authorize the Human Resources Director to execute all required provider agreements on behalf of the City.

22.               Approve and authorize the City Attorney to execute an attorney services agreement with the firm of Gibson Dunn & Crutcher, LLP, to provide legal services to the City and increase the City Attorney's fiscal year 2010/11 budget as necessary.

23.               Waive City Council Policy 4.1 and authorize the City Manager to execute an agreement with J.D. Power and Associates, in an amount not to exceed $122,568, to conduct a Citizen Satisfaction Survey.

24.               Award, approve and authorize the Public Utilities General Manager to administer and execute master construction agreements with thirteen qualified bidders for as-needed construction services, waive any irregularities in their documents and authorize the Public Utilities General Manager to take the necessary actions to implement the agreements.

25.               Approve and authorize Public Utilities General Manager to execute the Memorandum of Understanding (MOU), and any related documents, by and among the Orange County Water District, Yorba Linda Water District, Irvine Ranch Water District, and the City for the processing and consideration of a request to annex land into the Orange County Water District, more specifically as pertains to Anaheim for an area in the eastern portion of the City, and associated California Environmental Quality Act (CEQA) evaluation and documentation, and to take any necessary actions to implement the MOU.

26.               Approve the Annual Retail Electric Providers Report and the attestation as to the accuracy of the Annual Retail Electric Providers Report; approve the annual Power Content Label and authorize the preparation and submission of the 2010 quarterly projections of the Power Content Label; and authorize the Public Utilities General Manager or her designee to execute and submit the attestation and any related documents required by the California Energy Commission.

27.               RESOLUTION NO.                             A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing and approving the improvement and expansion of the Anaheim Convention Center, the refunding of certain obligations, the financing thereof and other matters relating thereto (approval contingent on the approval of Public Hearing Item No. 38, Resolution of Formation).

28.               RESOLUTION NO.                             A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Firefighters Association, Local No. 2899 and the City of Anaheim.

RESOLUTION NO.                             A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the International Brotherhood of Electrical Workers, Local 47, and the City of Anaheim.

29.               RESOLUTION NO.                             A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Public Utilities General Manger following submission of the application on behalf of the City of Anaheim to the United States Department of Interior, Bureau of Reclamation for its CALFED Water Use Efficiency Grant Funding program, to accept such grant funding award and to execute such agreements and documents as are necessary to accept such grant funding on behalf of Anaheim.

30.               RESOLUTION NO.                             RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring the results of the Special Mail Ballot Election for the Broadway/Thistle Island Annexation, held on August 31, 2010.

31.               RESOLUTION NO.                             A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the issuance by the Anaheim Redevelopment Agency of its Anaheim Merged Redevelopment Project Area 2010 Tax Allocation Bonds (Taxable Recovery Zone Economic Development Bonds) making certain determinations relating thereto.

32.               RESOLUTION NO.                             A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed No. 11373).

 

33.               RESOLUTION NO.                             A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing Resolution No. 95R-131 relating to qualifications for membership on the Investment Advisory Commission.

34.               Approve minutes of the Council meetings of August 24, 2010 and August 31, 2010.

END OF CONSENT CALENDAR

35.               Consider making two appointments to complete the unexpired terms on the Sister City Commission, term ending June 30, 2011 (Kim Tulleners) and June 30, 2013 (Randy Amiri).

APPOINTMENT:                                                         (June 30, 2011)
(vacancy of Kim Tulleners)

APPOINTMENT:                                                         (June 30, 2013)
(vacancy of Randy Amiri)

36.               Consider making five appointments/reappointments to the Budget, Investment and Technology Commission for terms ending, June 30, 2012 (1 - unscheduled vacancy); June 30, 2013 (1 - unscheduled vacancy); and June 30, 2014 (3 - two members eligible and seeking reappointment and one new appointment).

APPOINTMENT:                                                         (June 30, 2012)
(unscheduled vacancy of Arjan Sachdev)

APPOINTMENT:                                                         (June 30, 2013)
(unscheduled vacancy of Jonathan Dallas)

(RE)APPOINTMENT:                                                 (June 30, 2014)
Incumbent, Patrick Pepper

(RE)APPOINTMENT:                                                 (June 30, 2014)
Incumbent, Neil Malley

APPOINTMENT:                                                         (June 30, 2014)
(11th seat)

37.               Consider making appointments/reappointments to the Parks and Recreation Commission to fill the unexpired term of Jack Knapil, term ending June 30, 2012; consider the reappointment of Andrea Manes to a second term ending June 30, 2014, and an appointment of a Senior Commission member to a term ending June 30, 2014.

APPOINTMENT:                                                         (June 30, 2012)
(unscheduled vacancy of Jack Knapil)

(RE)APPOINTMENT:                                                 (June 30, 2014)
(Incumbent, Andrea Manes)

APPOINTMENT:                                                         (June 30, 2014)
(Senior Citizen Commission Member)

 

5:30 P.M. PUBLIC HEARING:

Reso/Ord/Abandonments

38.          This is a public hearing to consider a resolution forming the Anaheim Tourism Improvement District for the promotion of local tourism and convention-related programs as well as transportation improvements within the Anaheim Resort and Platinum Triangle.

RESOLUTION NO.                             A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM forming Anaheim Tourism Improvement District of 2010.

Authorize an increase in the revenue and appropriations in the City Manager’s fiscal year 2010/11 budget for formation costs associated with the Anaheim Tourism Improvement District (ATID) and the subsequent reimbursements from ATID revenue, as appropriate.

MOTION:                               

Land Use - Planning

Land Use - Zoning

Report on Closed Session Actions:

 

 

Council Communications:

 

 

Adjournment:

 

Next regular City Council meeting is scheduled for September 28, 2010.

 

All agenda items and back-up materials are available for review at the Anaheim City Clerk’s Office, www.anaheim.net, the Anaheim Main Library and Canyon Library.  Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805, during regular business hours.


 

If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.

 

Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the City Clerk’s Office either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5166, no later than 10:00 AM on the day preceding the scheduled meeting.

 

POSTING STATEMENT:  On September 10, 2010, a true and correct copy of this agenda was posted on the kiosk outside City Hall, 200 S. Anaheim Blvd.  Internet Access to City Council/Redevelopment Agency/Housing Authority agendas and related material is available prior to City Council Meetings at www.anaheim.net.