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2010/08/31ANAHEIM CITY COUNCIL REGULAR ADJOURNED MEETING OF AUGUST 31, 2 010 The regular City Council Session of August 31, 2010 was called to order at 3 :00 P.M. and adjourned to 5:00 P.M. for lack of a quorum. The August 31, 2010 regular adjourned Council meeting was called to order at 5:00 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on August 28, 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 ADDITIONS /DELETIONS TO THE AGENDA: PUBLIC COMMENTS (all agenda items): Invocation: Pastor Josh Sanchez, First Southern Baptist of Anaheim Flan Salute: Council Member Lord Galloway Acceptance of Other Recognitions (To be presented at a later date): Proclaiming September 2010 as National Preparedness Month Deputy Fire Chief Scott Berg received the proclamation, thanking Council for encouraging residents and businesses to be prepared in the event of an emergency. He added that the most important thing anyone in the community could do in the event of a disaster was to be personally prepared and relieve the burden placed on emergency response organizations. Recognizing Harold Rapoza as the Anaheim Chamber of Commerce Business Links Golf Tournament Honoree Recognizing Amelia Arizmendez, Martha Zamora, Mary Le and Dita Marquez on being honored by St. Boniface Catholic Church for their contributions to the parish and the community ADDITIONS /DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS (all agenda items except public hearings): Lisa Gin, Eli Home, announced the 2 nd Annual DMA Insurance Charity Golf Tournament benefitting the Eli Home was scheduled for September 10th at the Black Gold Golf Course in Yorba Linda, and invited the community to attend in support of the Eli Home. Robb Nothoff, with Orange County Communities Organized for Responsible Development (OCCORD) invited the public to attend a non - partisan Anaheim City Council candidate's forum scheduled for September 22 at the Islamic Institute of Orange County. He noted the forum would be moderated by the League of Women voters and was open to the public. Council Meeting Minutes of August 31, 2010 Page 2 of 6 CONSENT CALENDAR: Council Member Pringle removed Item No. 2 from the consent calendar for further discussion. Council Member Kring reported she would abstain on Item No. 20 due to a potential conflict of interest. Council Member Hernandez moved to waive reading in full of all ordinances and resolutions and to adopt the balance of consent calendar in accordance with the reports, certifications and recommendations furnished each council member and as listed on the balance of the consent calendar, seconded by Council Member Kring. Roll Call Vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0. Motion Carried D117 1. Approve Investment Portfolio Report for July 2010. D106 3. Approve an increase to the Department of Public Works fiscal year 2010111 revenue and expenditure appropriation, in the amount of $11,860,816, for the Brookhurst Street Widening from Ball Road to Katella Avenue project. D180 4. Accept the low bid of Techno Coatings, Inc., in an amount not to exceed $517,733, which includes a ten percent contingency, for painting services in the Anaheim Resort Maintenance District, 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 #7419. 5. Award the contract to the lowest responsible bidder, AMISI Corp. dba American AGR -6382 Industrial Services, in the amount of $136,580, for the safety improvements at Lenain Water Treatment Plant and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 6. Award the contract to the lowest responsible bidder, Parsam Construction, Inc., in the AGR -6383 amount of $933,200, for the Anaheim Convention Center Security Enhancement project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 7. Award the contract to the lowest responsible bidder, Sequel Contractors, Inc., in the AGR -6384 amount of $720,915.60, for the Santa Ana Canyon Road street improvements from Weir Canyon Road to 3200 feet east of Weir Canyon Road and Weir Canyon Road and Monte Vista intersection improvements and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 8. Award the contract to the lowest responsible bidder, Robert L. Reeves Construction, AGR -6385 Inc., in the amount of $1,385,997.80, for the Founders' Park project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. D175 9. Approve the Agreement for Partial Assignment of Public Utility Easement with the Southern California Gas Company and authorize the City Clerk to forward the executed agreement to the Southern California Gas Company for recordation. 10. Approve two Grant of Easements for properties located on the west side of Palm Street D175 between Winston Road and Guinida Lane in favor of Pacific Bell Telephone Company dba AT &T California (grantee) and authorize the City Clerk to deliver the executed documents to the grantee for recordation upon receipt of a recorded quitclaim deed. Council Meeting Minutes of August 31, 2010 Page 3 of 6 11. Approve and authorize the Chief of Police to execute the First Amendment to Agreement AGR -5476 with Frome Developments Omega extending the agreement term to two years and a monthly increase from $2,500 to $2,580 for storage of property and evidence. 12. Approve and authorize Public Utilities General Manager to execute and take necessary actions to implement thirty -one agreements, and related documents, to provide as- needed professional consulting and engineering services to the Water Utility Division of the Public Utilities Department. (AECOM Technical Services, Inc., AKM Consulting Engineers, AMEC Geomatrix, Inc., Black & Veatch Corporation, Bonterra Consulting, Carollo Engineers, Chambers Group, Inc., Corrpro Companies, Inc., CyberNet Consulting Engineers, Dudek, Geoscience Support Services, Inc., Harper & Associates Engineering, Inc., HDR Engineering, Inc., IDModeling, Inc., KEC Engineers, Inc., Kennedy /Jenks Consultants, Kleinfelder West, Inc., KMN Structural Engineering, Malcolm Pirnie, Inc., MWH Americas, Inc., Pacific Advanced Civil Engineering, Inc., Post Buckley Shuh & Jernigan DBA PBS &J, Psomas, RBF Consulting, Richard C. Slade & Associates LLC., RMC Water and Environment, RMS Engineering & Design, Inc., Shahnawaz Ahmad DBA SA Associates, Stantec Consulting Services Inc., Tetra Tech, Inc., and URS Corporation) 13. Approve and authorize the Public Utilities Department's fiscal year 2009/10 net write -off D182 of uncollectible customer accounts, in the total amount of $1,108,223. D128 14. Approve the fiscal year 2009/10 write -off of uncollectible miscellaneous accounts receivable, in the total amount of $847,925. 15. RESOLUTION NO. 2010 -140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a grant application on behalf of the City of Anaheim to the California Emergency AGR -6386 Management Agency, for the 2010 Urban Areas Security Initiative (UASI) grant program, and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal year 2010 -11 accordingly. Approve and authorize the City Manager to execute the Memorandum of Understanding with the City of Santa Ana, authorize the Purchasing Agent to make the appropriate purchases as approved by the Department of Homeland Security in the Investment Justification proposal and, if Council Policy 4.0 is in conflict with federal or state procedures governing this grant, waive those conflicting provisions of Council Policy 4.0 and authorize the Purchasing Agent to comply with the appropriate federal or state procedures with regard to purchases made under this grant. 16. RESOLUTION NO. 2010 -141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Community Services or designee to submit a grant application on behalf of the City of Anaheim to the State Department of R100 Parks and Recreation, for the nature education facility program, and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal year 2010 -11 accordingly and rescinding Resolution No. 2010 -058. 17. RESOLUTION NO. 2010 -142 A RESOLUTION OF THE CITY COUNCIL OF P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 11154, 11355, 11356, 11357, 11359, 11360, 11361, 11362, 11363, 11364). Council Meeting Minutes of August 31, 2010 Page 4 of 6 18. ORDINANCE NO. 6181 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Section 14.32.159 to Chapter 14.32 of Title 14 of the Anaheim M142 Municipal Code relating to parking on designated city streets (Introduced August 24, 2010, Item No. 30). 19. ORDINANCE NO. 6182 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM eliminating the time limit on establishment of loans, D155 advances and indebtedness with respect to the Plaza Project as a constituent subarea of the Anaheim Merged Project; and making other findings in connection therewith (Introduced at Council meeting of August 24, 2010, Item No 33). 20. ORDINANCE NO. 6183 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM (i) approving Amendment No. 2 to the Second Amended and Restated AGR- 146.3.2.2 Development Agreement No. 99 -01 by and between the City of Anaheim and Gardenwalk Hotel I, LLC (ii) making certain findings related thereto, and (iii) authorizing the Mayor to execute said amendment for and on behalf of the City (Introduced at Council meeting of August 24, 2010, Item No. 34). Roll Call Vote: Ayes — 4: Mayor Pringle and Council Members Hernandez, Galloway and Sidhu. Abstention — 1: Council Member Kring. Motion Carried. END OF CONSENT CALENDAR D154 2. Approve the benefits package and appointment of Randy R. Bruegman to the position of Fire Chief, effective October 11, 2010. City Manager Tom Wood announced that after a rigorous recruitment process, Randy R. Bruegman was recommended as Anaheim's next Fire Chief. Having served as Fresno's fire chief since 2003 providing services to a population of 535,000 and a geographic region covering 350 square miles, he stated Mr. Bruegman was found to be highly performance oriented with extraordinary customer orientation and an inspiring and engaging speaker who had made a lasting impact on this profession. Mayor Pringle moved to approve Item No. 2, second by Council Member Hernandez. Roll call vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0. Motion Carried. Council Member Galloway recognized Larry Waterhouse, Anaheim's Interim Fire Chief, and thanked him for his professional service to the City. 21. Pursuant to Government Code Section 54954.6, provide an opportunity for public testimony and questions on the establishment of the Anaheim Tourism Improvement T108 District (TID) for the promotion of local tourism and convention - related programs as well as transportation improvements within the Anaheim Resort and Platinum Triangle. Mayor Pringle invited the public to speak. Harold Rapoza, Hilton Anaheim, offered his support on the formation of the Tourism Improvement District (TID). He stressed the tourism and the convention industries were competitive marketplaces and additional resources were needed to continue to attract top shows. He also stated the TID was not a tax, but an assessment to hotel owners to insure Anaheim remained a top destination. Council Meeting Minutes of August 31, 2010 Page 5 of 6 Bill O'Connell, Best Western /Doubletree, voiced his full support for the TID stating with its passage, the funds could be used to expand the Convention Center and expand transportation from the Stadium to the Resort. Charles Ahlers, Visitors & Convention Bureau, congratulated hoteliers on supporting the formation of the TID. He added Anaheim competed nationally and internationally in the market place and whether it was a family visiting from Iowa or a 50,000 person trade show, the need to continue to promote Anaheim was necessary. Alma Ramirez, resident, supported development of the TID. Council Communications: Council Member Hernandez reported on the passing of Anaheim retirees: Jack Pluhar from the Police Department and Marge Conway, Code Enforcement and community volunteer. He also announced attending a ribbon cutting ceremony at the Harris Tea Company located on East Miraloma in Anaheim. He commended their solar energy system which powered the 60,000 square foot tea manufacturing and distribution facility. He also mentioned a car wash fund raiser would be held on September 9, 2010 at the ARCO AM /PM to benefit the 13 MEU and encouraged the community's support. Council Galloway thanked the resort industry and hoteliers for bringing the Tourism Improvement District to the City's attention, remarking it was a win /win situation and she looked forward to its beneficial results. She congratulated the Public Utilities Department for receiving the Emerald award for being the "Greenest City" from the Filipino Chamber of Commerce and highlighted Rob Stuart of the Anaheim Fire Department. Council Member Kring congratulated Monaco Restaurant for celebrating their 45 anniversary and being selected to be highlighted on "Diners, Drive -ins and Dives ". She also requested this meeting be adjourned in memory of Marge Conway. Council Member Sidhu had recently attended the Anaheim Performing Arts Gala and emphasized the importance of supporting local cultural arts. He also highlighted Marge Conway's many contributions to the city and offering condolences to her family. He remarked on the Harris Tea Company ribbon cutting event, thanking the company for investing in solar energy production and for the Public Utilities Department for providing incentives to businesses for innovative energy production. Mayor Pringle shared details of his meeting with a company manufacturing foam cups and plates and the need to recycle those items for the various unique products that were derived from recycled foam. He had also hosted a breakfast to support the Boy Scouts of America and to recognize 100 years of scouting and thanked the hoteliers and convention bureau for their support for the TID and recognizing the need for a sustainable resource to fund the bureau and business operations. He highlighted private sector efforts to promote the economy such as the Extron corporate headquarters at the intersection of East Street and Ball Road, progress being made on the expansion of California Adventure and the Northgate Market's plans to build a 400,000 square foot warehouse and corporate headquarters on Magnolia at the freeway. Adjournment: At 5:48 P.M., Mayor Pringle adjourned the August 31, 2010 Council meeting in honor of Marge Conway. Council Meeting Minutes of August 31, 2010 Page 6 of 6 Res ully submitted, Linda N. Andal, CIVIC City Clerk