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2011/11/15ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNE M O N 15, 2011 The November 15, 2011 regular meeting of the Anaheim City Council was called to order at 3:00 P.M. and adjourned to 5:00 P.M. for lack of a quorum. Mayor Tait, with seven -year old Adela Juaregui, called to order the regular adjourned meeting of November 15, 2011 at 5:17 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. The agenda was posted on November 10, 2011 on the kiosk outside City Hall. Pursuant to Government Code Section 54953, Subdivision (b), the closed session meeting included teleconference participation by Council Member Lord Galloway from the Hilton Arc De Triomphe Paris Hotel, 51 -57 Rue de Courcelles, Paris, France 75008 with the room number posted in the hotel lobby. The notice and agenda was also posted at the teleconference location and public comment on the closed session agenda from this address was allowed per Government Code Section 54954.3 PRESENT: Mayor Tom Tait, Council Members Eastman, Murray and Sidhu. Council Member Galloway was present via teleconference. Council Member Murray arrived to the Council dais at 5:28 P.M. STAFF PRESENT: City Manager Tom Wood, City Attorney Cristina Talley, and City Clerk Linda Andal Invocation: Pastor Lance Pittluck, Vineyard Christian Fellowship of Anaheim Flag Salute: Mayor Pro Tern Harry Sidhu Presentations: Recognizing the Simon Family Foundation Scholars Megan Barnes, Simon Family Foundation, explained the Foundation had been created by Ronald Simon to provide college training and college scholarships to deserving and determined underprivileged students. She then introduced 18 Simon Scholars from Anaheim High School. Recognizing Adela Jauregui for her volunteer service to the community Mayor Tait announced that young Adela Jauregui, a cancer survivor, had set a goal for the recent CHOC Walk at Disneyland to raise $5,000 for CHOC's pediatric oncology. Ms. Juaregui then announced that Team Adela, with over 100 walkers participating, had raised $12,667 now marked for pediatric oncology research. She thanked all those who had supported her during her illness and with this effort. Acceptance of Other Recognitions (To be presented at a later date): Recognizing the City of Villa Park on their 50th anniversary Recognizing Anaheim Sister City Vitoria Gasteiz, Spain Recognizing Mayor and City council members of Vitoria Gasteiz, Spain At 5:30 P.M., Mayor Tait called to order the Anaheim Housing Authority (in joint session with the Anaheim City Council). Council Meeting Minutes of November 15, 2011 Page 2 of 7 ADDITIONS /DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS (all agenda items): Lynn Cudd, speaking on behalf of the Orange County Grand Jury, announced that the Grand Jury's recruiting campaign for 2011/12 was underway. She reported the 19 member grand jury had two functions: civil and criminal. The criminal function determined if there was enough evidence to take criminal cases to trial and the civil function acted as a public watchdog, investigating and reporting on the affairs of local government. Detailed information for interested persons was located on the Orange County Grand Jury website. Cecil Corcoran, Outreach Ministries, discussed his work on a new edition of the family bible. Bernadette Arizmundi thanked Council for their help in trying to locate the missing teen, remarking it had now been two weeks since she had been seen. She asked the City to offer a reward for information to help bring her home. John Leos, resident, explained his proposed Anaheim transparency and accountability reform act would require elected officials to identify lobbyists seeking support from elected officials before contracts were considered. William Fitzgerald, Anaheim Home, addressed a number of issues related to library resources budgeting. Tony Gomez asked for the City's help for the McArthur Manor neighborhood relating to unsafe illegal activities. Mayor Tait thanked Mr. Gomez for bringing this information to the City's attention and asked that he discuss the neighborhood's concerns with Police Chief John Welter. Michael Baker, Boys and Girls Club, thanked City Manager, Tom Wood, for his support over the years. He added that today on the front lawn of the White House Restaurant, there were 240 kids playing with snow that had been trucked in for their enjoyment. He then invited the community to the annual present wrapping event on December 22 " to wrap from 2,500 to 3,500 donated presents. Mayor Tait remarked that this was a noticed teleconferenced meeting and Council Member Galloway was checking in. The City Clerk reported that Council Member Galloway was currently on the line, teleconferencing from the noticed location, room number 682, and indicated there were no public comments from the noticed location. Mayor Tait then closed the public comments and Council Member Galloway disconnected from the regular council session until the closed session agenda was convened. At 5:54 P.M., the Anaheim City Council was briefly recessed and was called back to session at 5:55 P.M. CONSENT CALENDAR: At 5:55 P.M., Council Member Eastman requested Item No's. 8 and 10 be removed from the consent calendar for further discussion. Mayor Tait indicated he would record an abstention on Item No. 9 as his firm had worked with Southern Counties Oil Company. Mayor Pro Tem Sidhu 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 Murray. Roll Call Vote: Ayes — 4 (Mayor Tait Council Meeting Minutes of November 15, 2011 Page 3 of 7 and Council Members: Eastman, Murray and Sidhu.) Noes — 0. Temporary Absence - 1 Council Member Galloway. Motion Carried. 5. Receive and file minutes of the Parks and Recreation Commission meeting of August 8105 24, 2011 and Public Utilities Board meeting of September 28, 2011. 6. Approve the Investment Portfolio Report for October 2011. D117 7. Award the contract to the lowest responsible bidder, FS Construction, in the amount of $65,234, for the Gain Street traffic calming improvement project from Chain Avenue to ARG -7048 132 feet north of Chain Avenue and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 9. Authorize the Purchasing Agent to increase the maximum amount of the current Master Agreement with Southern Counties Oil Company, from $2,500,000 to $2,950,000, for the D180 purchase of petroleum fuels for the Public Works Department Fleet Services Division, and if necessary, adjust the 2012 fuel contract renewal amount in accordance with the competitively bid pricing formulas, the City's requirements, and Fleet Services' approved budget. Mayor Tait abstained on Item No. 9 as his firm had worked with Southern Counties Oil Company. Roll call vote: Ayes — 3. Abstention — 1: Mayor Tait. Temporary Absence — 1: Council Member Galloway 11. RESOLUTION NO. 2011 -158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (1) authorizing the submittal of an application to the California State Department of Housing and Community Development for funding under the BEGIN R100 Program for the affordable housing project located at 500 -510 S. Atchison Street, (2) if selected for such funding, authorizing the execution of a standard agreement, any amendments thereto and any related documents necessary to participate in the BEGIN Program, and (3) if selected for such funding, amending the budget for fiscal year 2011- 12 accordingly. 12. RESOLUTION NO. 2011 -159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Public Works or her designee to submit an application on behalf of the City of Anaheim for grant funds for the Urban R100 Greening Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) and if awarded, authorizing the acceptance of such project assistance on behalf of the City and amending the budget for fiscal year 2011 -12 accordingly. 13. RESOLUTION NO. 2011 -160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the acquisition of real property consisting of ARG -7050 approximately 2,745 square feet of Assessor's Parcel Number 365- 481 -13 and authorizing the Mayor to execute the Purchase and Sale Agreement for this real property and authorizing the City Clerk to accept certain deeds conveying this real property to the City of Anaheim. Council Meeting Minutes of November 15, 2011 Page 4 of 7 14. RESOLUTION NO. 2011 -161 A RESOLUTION OF THE CITY COUNCIL OF R100 THE CITY OF ANAHEIM expressing support for the Groundwater Replenishment System Initial Expansion project. RESOLUTION NO. 2011 -162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM expressing support for the Prado Basin Feasibility Study. 15. RESOLUTION NO. 2011 -163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Public Utilities General Manager or her ARG -7051 designee to submit a request for an Orphan Site Cleanup Fund grant to the State Water Resources Control Board for the remediation of soil and groundwater contamination at 3720 W. Lincoln Avenue, to accept such funds as awarded, and to take such actions in furtherance of the grant, and amending the budget for fiscal year 2011/2012. 16. ORDINANCE NO. 6227 (ADOPTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM amending Section 1.04.260 of Chapter 1.04 of Title 1 of the Anaheim Municipal Code relating to the purchasing agent powers (introduced at the Council meeting of November 8, 2011, Item No. 06). 17. ORDINANCE NO. 6228 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal C280 Code relating to zoning (Reclassification No. 2009 - 00229; DEV2009- 00069; 401 West Carl Karcher Way; Introduced at the Council meeting of November 8, 2011, Item No. 08). 18. ORDINANCE NO. 6229 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Subsections .020 of Section 18.24.030 and Subsection .020 of Section 18.24.100 of Chapter 18.24 of Title 18 of the Anaheim Municipal Code (Zoning C280 Code Amendment No. 2011 - 00103; DEV2010- 00005; certain uses within the South Anaheim Boulevard Corridor Overlay zone; Introduced at the Council meeting of November 8, 2011, Item No. 09). END OF CONSENT: 8. Award the contract to the lowest responsible bidder, Dahl, Taylor & Associates - Constructors, Inc., in the amount of $484,420, for the Miscellaneous Water Vaults ARG -7049 Rehabilitation, Replacement and /or Abandonment project, waive minor technical errors or discrepancies in the bid to best serve the interest of the City, and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions.\ Don Calkins, Public Utilities General Manager, Water Services, reported Item 8 on the agenda would award a construction contract to rehabilitate and replace below -grade water vaults throughout the City. He added the vaults were 20 to 50 years old, had deteriorated and were in need of rehabilitation for both reliability and the safety of staff. He noted construction was scheduled for January and would be completed in April of 2012. He also remarked the second low bidder protested the award and the City Attorney's office, after reviewing the protest, advised it was appropriate for the department to award to the low bidder as planned. Council Meeting Minutes of November 15, 2011 Page 5 of 7 Council Member Eastman responded that the second low bidder had alleged the low bidder had not followed Anaheim's criteria in submitting bids, asking the Department for clarification. City Attorney Cristina Talley responded that her office reviewed the protest at the request of the Department and the opinion given was that the low bidder did substantially conform to the bidding process required. She added the process that was followed did not give an undue advantage to the low bidder nor did it disadvantage any other bidder in that process and for that reason, it was appropriate to overrule the protest and award the contract to the low bidder. After further discussion, Ms. Talley added that the test in this situation was whether or not there had been substantial conformance with the bid requirements and the specific issue was where the low bidder obtained the bid specifications. It was her understanding that the low bidder obtained those specifications through a trade publication that received them from Anaheim's contractor and these were the same specifications that every other bidder received. In addition, the low bidder did not receive the specifications any sooner than other bidders and from the City Attorney's standpoint that was considered substantial compliance because the low bidder was in the same position as every other bidder. Council Member Eastman then moved to approve Item 8, seconded by Mayor Pro Tem Sidhu. Roll Call Vote: Ayes — 4 (Mayor Tait and Council Members: Eastman, Murray and Sidhu). Noes — 0. Temporary Absence — 1: Council Member Galloway. Motion Carried. 10. Approve Cooperative Agreement C -1 -3115 with Orange County Transportation Authority (OCTA) for project development activities and preliminary engineering of the Anaheim AGR- 5316.11 Rapid Connection Fixed Guideway project. Natalie Meeks, Public Works Director, reported the City had been working on the Anaheim Rapid Connection Fixed Guideway project for some time in cooperation with OCTA and the funds for this project had been received as a grant from OCTA. The Cooperative agreement on this agenda formalized the relationship between OCTA and the City of Anaheim as to how the City would continue to pursue this project through the FTA New Starts Program. Action on this agenda item would see OCTA as the primary applicant and the City as the subrecipient of any potential additional FTA funds awarded for this project in the future. Those funds, she explained, would be directed only for this project and could not be used for other purposes. Council Member Eastman emphasized that this project would not take Anaheim taxpayer monies that could go to support libraries and divert them to this project. Ms. Meeks responded these dollars were to be used solely for transportation funds. Council Member Eastman then moved to approve Item No. 10, seconded by Council Member Murray. Council Member Murray further explained that all Anaheim residents paid a federal and state excise tax every time they fill up at a gas station. She added that that Orange County as well as the state of California were considered donors as both the county and the state sends more money in taxpayer dollars for transportation purposes than were returned home. These projects, she added, not only helped expand mobility in Anaheim but also helped insure a greater share of excise tax dollars were utilized here. Ms. Meeks reported federal New Start funds could only be used for new transit projects and together with local Measure M2 funds, would provide for mobility of Anaheim's visitors and workers. Roll Call Vote: Ayes — 4 (Mayor Tait and Council Members: Eastman, Murray and Sidhu). Noes — 0. Temporary Absence —1: Council Member Galloway. Motion Carried. Council Meeting Minutes of November 15, 2011 Page 6 of 7 COUNCIL COMMUNICATIONS: Council Member Eastman remarked she had the pleasure of serving as principal for the day at Benita Juarez School and had been told by Principal Robert Baiza that the school had exceeded their testing score goal of 801 after four years of effort into improving those test scores. She recommended the school receive recognition for these efforts. Mayor Pro Tern Sidhu reported on his attendance at the Anaheim Cove dedication, thanking Orange County Water District and staff for making this possible. He added the transformation of this outdoor space was a welcome addition to the City and to this neighborhood. He also remarked it had been his honor to participate in the Veteran's Day ceremony, thanking staff for this special tribute to veterans. Council Member Murray announced the various events scheduled for November and December; on November 17 the Anaheim Boys and Girls Club "Light the Night" reception would be held at the White House restaurant and on November 18 KFI would follow Bruno Serato in support of his Caterina's Club which feeds underprivileged "motel kids" each year. December 1 st was the Paint Your Heart Out holiday luncheon and December 2 nd the annual Holiday Magic Christmas tree Lighting at Twila Reid Park. She also thanked City Manager Tom Wood stating he had served Anaheim honorably for the past two decades and she had been honored to work with him this past year, expressing pride over the accomplishments geared toward a prospering Anaheim. Mayor Tait reported he had served as principal for the day at Ben Franklin School, remarking that Anaheim schools were all doing well and that the Veteran's Day event had been a moving tribute to Veterans. He also thanked City Manager Tom Wood for his many years of service to the City. City Manager Tom Wood responded it had been a pleasure to serve Anaheim and he had enjoyed his municipal career of 36 years and took pride in the accomplishments achieved in Anaheim. At 6:56 P.M., Council recessed to closed session with Council Member Galloway rejoining the Council for closed session through teleconferencing pursuant to Government Code Section 54953, Subdivision (b) from the Hilton Arc De Triomphe Paris Hotel, 51 -57 Rue de Courcelles, Paris, France 75008, room number 682, which was noted on the notice in the hotel lobby. The notice and agenda was also posted at the teleconference location and public comment on the closed session agenda from this address was allowed per Government Code Section 54954.3 CLOSED SESSION 1. PUBLIC EMPLOYEE APPOINTMENT Title: City Manager Report on Closed Session Action: At 7:44 P.M., Mayor Tait reported that at the closed session Council appointed Finance Director Bob Wingenroth as Acting City Manager effective immediately. A roll call vote by City Clerk Linda Andal, was taken and reflected Ayes - 4: (Mayor Tait and Council Members: Eastman, Galloway and Sidhu). Noes — 1: Council Member Murray. Council also agreed to initiate a national search for a City Manager and the roll call vote was unanimous. Council Meeting Minutes of November 15, 2011 Page 7 of 7 Adjournment: At 7:45 P.M., the Council session was adjourned to December 5, 2011 at 3:30 P.M. for purposes of the Regulatory Relief Task Force Report workshop Respectfully submitted, Linda N. Andal, MC City Clerk