Loading...
2012/11/20ANAHEIM CITY COUNCIL REGULAR ADJOURNED AND REGULAR MEETING OF NOVEMBER 2 20 The Anaheim City Council was called to order at 3:00 P.M. on November 20, 2012 and adjourned to 4:00 P.M. for lack of a quorum. The Regular Adjourned meeting was called to order by Mayor Tait at 4:07 P.M. in the chambers of Anaheim City Hall, located at 200 Anaheim Boulevard. Present: Mayor Tom Tait and Council Members: Gail Eastman, Lorri Galloway, Kris Murray and Harry Sidhu. Staff Present: City Manager Bob Wingenroth, City Attorney Cristina Talley, and City Clerk Linda Andal ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None At 4:08 P.M., Mayor Tait recessed the meeting to closed session for consideration of the following items: CLOSED SESSION: 3. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the Government Code) Agency designated representative: Kristine Ridge Name of employee organizations: Anaheim Fire Association 4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Moreno et al. v. City of Anaheim, Orange County Superior Court Case No. 2012 - 00579998 At 5:19 P.M., Council returned from closed session and reconvened the November 20 agenda. Invocation: Rev. Dr. Victor Chayasirisobhon, First Southern Baptist Church Flag Salute: Council Member Kris Murray Acceptance of Other Recoanitions (To be presented at a later date): Mayor Tait remarked he had been on a ride -along with Police Captain Raul Quezada, visiting many neighborhoods in the city and at the end of his tour, was present when two officers, Sarah Shirvany and Flora Palma, performed CPR on a woman who had stopped breathing. He shared that he he had a chance to see real heroines in action who returned to work for the remainder of their shift, business as usual. He introduced Officer Shirvany commending her actions in saving the life of one of an Anaheim resident. Recognizing the Anaheim Resort RV Park on its 56 Anniversary Council Minutes of November 20, 2012 Page 2 of 9 The owner of the Anaheim Resort RV Park thanked the city for recognizing his family -owned business established by his grandparents 56 years ago, and now a third generation business, providing specialty lodging in the City and ranked the #1 family -owned business by the Anaheim Chamber of Commerce. Recognizing Charles Ahlers on his retirement from the Anaheim /Orange County Visitor & Convention Bureau At 5:19 P.M., Mayor Tait called to order the Anaheim Housing Authority (in joint session with the Anaheim City Council). ADDITIONS /DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS (all agenda items): Assemblyman Chris Norby remarked that he had represented the city and residents as county supervisor and as state legislator, and had taken this opportunity to thank the community for their support during his tenure now ending. He appreciated staff's assistance and cooperation in working towards the making of the ARTIC project, and effort in which he took pride and an important component of Anaheim's future master plan. On behalf of the Orange County Board of Supervisors, Supervisor Bill Campbell offered Mayor Pro Tern Sidhu and Council Member Lorri Galloway proclamations recognizing their contributions locally and regionally as they stepped down from public service. A community mariachi band celebrated Council Member Lorri Galloway's service to the community thanking her for her grace and commitment to all Anaheim citizens. Dukku Lee, Assistant General Manger, Public Utilities Department, recognized the five -man crew that spent two weeks in the Long Island area to help with utility restorations after Hurricane Sandy, struggling through cold weather, wind and rain. He thanked council for supporting efforts to help those in need and introduced Crew Supervisor Pat Jelensky, and Linemen Frank Gehr, Nick Heide[, Dave Bogdan and Emigdio Villalpando. Concepcion thanked Council Member Galloway for listening to the voices of the community and although she would be missed in her role as a council person, the community members looked forward to working with her in the future on all issues. Thomas Holquin invited the City Council and the community to attend the Nutcracker Christmas Tree Lighting event taking place on December 18 in the downtown area from 1 P.M. to 9 P.M., with events free to all that included holiday craft activities, a snow play area, train rides and photos with Santa. William Fitzgerald expressed a number of concerns relating to council member conflict of interests. Cecil Jordan Corcoran, Outreach Homeless Ministries, reported on global political activities Dorothy Rose thanked the outgoing council members for their dedicated service to the city and also updated the community on Orange County Symphony activities. December 9' the sounds Council Minutes of November 20, 2012 Page 3 of 9 of the season including Handel's Messiah would be celebrated and on January 12, the symphony would open the ceremony dedicating the Grand Plaza at the Convention Center. An unidentified individual congratulated Jordan Brandman and Lucille Kring on their recent election to Anaheim City Council. James Robert Reade, resident, remarked he was donating to Anaheim Cops 4 Kids and urged residents to do the same in an effort to create positive relationships among the youth and police by providing wholesome activities to those youths in priority neighborhoods. Fernando Negrete, Eli Home, congratulated Mayor Pro Tern Sidhu and Council Member Lorri Galloway for their commitment and service to Anaheim. He remarked Lorri Galloway had always been the voice of the under- represented and he personally understood how much she cared for people. He updated Council on the Eli Home financial problems, remarking that $200,000 was needed by January 1S or one of the shelters would close. He encouraged the community to help raise funds for the shelters for abused children and mothers. Bryan Beger, on behalf of AMEA, thanked the outgoing council members for making the tough decisions that were necessary during the historic economic decline and for acting in the best interests of the city even when it was not popular. Martin Lopez, resident, thanked Council Member Lorri Galloway for being an advocate of hotel and service workers and standing up for those who had not had a voice in the past. He wished both outgoing council members the very best and looked forward to working with the remaining council members toward a better future for the city. German Santos, resident, felt it was inappropriate to vilify all parents of gang members. Lucille Kring remarked that working with Harry Sidhu and Lorri Galloway in the past had been a pleasure and while they did not always agree, the conversations were spirited and respectful. She wished them well as they departed public life. Amin David expressed his thanks to Lorri Galloway, remarking she was here for a mission and the community would continue to follow her and work towards solutions to problems. Bill Dalati, resident, saluted Lorri Galloway for reaching out and working for every diverse community in Anaheim. He expressed his appreciation and pride to Harry Sidhu for all he had accomplished as an immigrant and looked forward to the new leadership in Anaheim. Mike Galloway spoke with pride over his wife's accomplishments, remarking she had inspired him for 41 years and he hoped she had inspired others to do what was right. Patrick Eire, Anaheim business owner, thanked Harry Sidhu for his seamless assistance as the moved his business from Santa Fe Springs to open his doors in business - friendly Anaheim. Steve Gupta, business owner, thanked Harry Sidhu for the help he gave to his manufacturing business that now employed 175 people and was a thriving Anaheim corporation. Nahlia Kaylia, Access California Services, thanked the outgoing council members for their support to Anaheim's refuges and congratulated the newly elected council persons. Council Minutes of November 20, 2012 Page 4 of 9 Mr. Shabu remarked that Mayor Pro Tem Sidhu had been an inspiration to immigrants and wished continued success to both Harry Sidhu and Lorri Galloway. An unidentified person remarked America was a country where each individual, including immigrants, had a chance to succeed in a society that accepted diversity. He expressed pride over Harry Sidhu's accomplishments and thanked Lorri Galloway for her service. David Vadodaria, resident, expressed appreciation to Harry Sidhu for giving back to the community and encouraging his participation in public service as a Parks & Recreation Commissioner. Joanne Sosa thanked Lorri Galloway for teaching others to lead through love, remarking she had been the first person to go into the mosques after 911 out of respect for Anaheim's Muslim community. Linda Lovatos expressed her appreciation for Council Member Galloway's commitment to the underserved and giving a voice to their concerns. She thanked Mayor Pro Tem Sidhu for his service to the city and thanked Mayor Tait for practicing kindness throughout the city and believed all were working in the very best interests of the city. At 6:18 P.M., Mayor Tait recessed the City Council meeting to consider the Housing Authority agenda, reconvening the meeting at 6:19 p.m. CONSENT CALENDAR: Mayor Tait pulled Item Nos. 19 and 21 for further discussion. Mayor Pro Tem Sidhu then moved to waive reading in full of all ordinances and resolutions and to approve the balance of the consent calendar as presented, seconded by Council Member Galloway. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. D117 4. Approve the Investment Portfolio Report for October 2012. 5. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a purchase order to Simplex Grinnell, in the amount of $49,915 plus tax, D180 for the purchase and installation of one Simplex Grinnell TrueSite Workstation for the Anaheim Convention Center. 6. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing D180 Agent to issue a purchase order to Geospatial Technologies, Inc., in the amount of $27,510 (plus tax), for Impact Power 4G multi -band antennas for Anaheim Fire & Rescue /Metro Cities Fire Agencies. 7. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing D180 Agent to issue a purchase order to Versatile Information Products, Inc., in the amount of $64,324.61, for PUMA Digital Audio Recorders and Management Software for the Police Department. 8. Accept the lowest responsive bid of RER Enterprises, dba Feeney Wireless, in the amount of $149,955 (plus tax), for Sierra wireless modems for Anaheim Fire & D180 Rescue /Metro Cities Fire Agencies, in accordance with Bid #7785. Council Minutes of November 20, 2012 Page 5 of 9 9. Approve and authorize the Fire Chief, or his designee, to execute a transfer agreement AGR- 5141.6 with the County of Orange for the 2011 Homeland Security Grant Program funding and amend the Police and Fire Department's fiscal year 2012 -13 budget accordingly. AGR- 7155.1 10. Approve Amendment No. 1 to Right of Entry and License Agreement with Asplundh Construction Corporation extending the term to June 30, 2013 and exercising their option to utilize remaining square feet of available space for construction staging and storage at 1730 Anaheim Way. AGR -7394 11. Approve a Design Engineering Services Agreement with RBF Consulting, Inc., in an amount not to exceed $261,000, for the Citywide Sanitary Sewer Improvement Program /Project- Group 6 (Crescent Avenue / Loara Street and North Street). AGR -7895 12. Approve an agreement with the Anaheim Transportation Network for grant monies to AGR 7395.1 reduce air pollution from motor vehicles; approve the South Coast Air Quality Management District Mobile Source Air Pollution Reduction Review Committee contract for the purchase of twelve (12) Compressed Natural Gas buses to be used in the Go Local and Anaheim Resort Transit services; authorize the Director of Public Works to take the necessary actions to implement the contracts; and increase the Department of Public Works fiscal year 2012 -13 revenue and expenditure appropriation by $300,000. AGR- 1460.VI113. Approve the Purchase and Sale Agreement and Joint Escrow Instructions, and related P124 exhibits, with Lewis R. Schmid and Judith E. Schmid, Trustees of Schmid Family Trust and J.T. Restaurants, in the payment amount of $4,593,525 plus a reimbursement for permit fees, for property located at 2600 -2620 East Katella Avenue and 1730 South Douglass Road for the Anaheim Regional Transportation Intermodal Center project (R/WACQ2010- 00394). RESOLUTION NO. 2012 -136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain interests in real properties (Deed Nos. 11516 and 11517). 14. RESOLUTION NO. 2012 -137 A RESOLUTION OF THE CITY COUNCIL OF R100 THE CITY OF ANAHEIM approving the submittal of three improvement project(s) to the Orange County Transportation Authority for funding under the Comprehensive Transportation Program. Authorize the Director of Public Works to execute any cooperative agreements with the Orange County Transportation Authority to accept the grants, and increase the Department's revenue and expenditure appropriation by a commensurate amount in the fiscal year when the grants are awarded. 15. RESOLUTION NO. 2012 -138 A RESOLUTION OF THE CITY COUNCIL OF R100 THE CITY OF ANAHEIM adopting the Measure M2 expenditure report and authorizing the City of Anaheim Finance Director to sign and submit the expenditure report to Orange County Transportation Authority on behalf of the City of Anaheim. D175 16. RESOLUTION NO. 2012 -139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM designating Frances Drive from Loara Street to Dresden Street Council Minutes of November 20, 2012 Page 6 of 9 and Loara Street from Claredge Drive to Dogwood Avenue "Permit Parking Only" streets within Permit - Eligible District No. 17 (Anaheim Memorial). 17. RESOLUTION NO. 2012 -140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Public Works Director or her designee to R100 submit a grant application on behalf of the City of Anaheim to the Orange County Transportation Authority for funding under the M2 Regional Traffic Signal Synchronization Program for Harbor Boulevard project, and if awarded, authorizing the acceptance of such grant funds on behalf of the City and amending the budget accordingly. RESOLUTION NO. 2012 -141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Public Works Director or her designee to submit a grant application on behalf of the City of Anaheim to the Orange County Transportation Authority for funding under the M2 Regional Traffic Signal Synchronization Program for Kraemer Boulevard project, and if awarded, authorizing the acceptance of such grant funds on behalf of the City and amending the budget accordingly. RESOLUTION NO. 2012 -142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Public Works Director or her designee to submit a grant application on behalf of the City of Anaheim to the Orange County Transportation Authority for funding under the M2 Regional Traffic Signal Synchronization Program for State College Boulevard project, and if awarded, authorizing the acceptance of such grant funds on behalf of the City and amending the budget accordingly. 18. RESOLUTION NO. 2012 -143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Community Services or his designee ( "Director ") to accept all grants from KaBOOM! on behalf of the City of Anaheim for the installation and maintenance of playground equipment at Schweitzer AGR -7396 park, and authorizing the Director to execute all required grant documents. Approve and authorize Director of Community Services to execute the KaBOOM! Letter of Intent and authorize the Director of Community Services, or his designee, to act as the agent of the City on all matters concerning this grant program and to accept future funds received from KaBOOM! for maintenance of the playground equipment at Schweitzer Park. 20. RESOLUTION NO. 2012 -145 A RESOLUTION OF THE CITY COUNCIL OF D154 THE CITY OF ANAHEIM amending Resolution No. 97R -101 for the purpose of modifying those classifications designated as unrepresented part time. 22. ORDINANCE NO. 6258 (ADOPTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM adding Chapter 6.26 to Title 6 of the Anaheim Municipal Code pertaining to garage sales (Introduced at Council meeting of November 13, 2012, Item No. 22). 23. ORDINANCE NO. 6259 (ADOPTION) AN ORDINANCE OF THE CITY OF M 142 ANAHEIM amending Section 6.73 of Title 6 of the Anaheim Municipal Code pertaining to Council Minutes of November 20, 2012 Page 7 of 9 provision of police services at loud parties or other events (Introduced at Council meeting of November 13, 2012, Item No. 23). 24. Approve minutes of the Council meeting of October 23, 2012. END OF CONSENT: 19. RESOLUTION NO. 2012 -144 A RESOLUTION OF THE CITY COUNCIL OF D154,4 THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees in classifications represented by the Anaheim Fire Association, Local 2899. 21. RESOLUTION NO. 2012 -146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM giving notice of its intention to approve an amendment to the D154 contract between the Board of Administration of the California Public Employees' Retirement System and the City of Anaheim. Mayor Tait explained that he would vote no on Item Nos. 19 and 21 for the following reasons: He indicated to reduce the expense of pension costs, the state allowed some relief at reducing pension rates, going from three percent at age 50 to 2.7 percent at age 57 for prospective employees only, no current employees. This rating provided for every year of service with the City of Anaheim an employee would get 2.7 percent of his or her three highest years of salary upon retirement at age 57. Mayor Tait added to begin to make a dent in the city's unfunded liability associated with pension costs, the maximum reduction of two percent at 50 should be pursued through negotiation and he would not support approval of these two items. Council Member Murray requested staff provide details of the agreement reached including the pension cost relief the state provided and the additional benefit Anaheim would gain by taking this action today versus delaying for further negotiation to take place. . Kristine Ridge, Human Resources, reported there were two major provisions in the Memorandum of Understanding (MOU) before council for consideration. The first one referred to the pension for any new hires after January 1, 2013 which would default to the formula under state law of 2.7 percent at 57. To get a lower pension formula in place, would have to be agreed upon by Anaheim Fire Association and could not be provided under any impasse procedures. For new hires after January 1, 2013, the PERS formula of 2.7 percent at 57 would apply. The Anaheim Fire Association agreed to a modified tier that would be effective in December 2012, a benefit formula of 2 percent at 50, significant to the city as the state law contained a loophole and even if persons were hired after January 1, 2013, if they had ever been a member of a public retirement system, they would receive what the agency was offering in December of 2012, not the formula dictated by state law. She explained by implementing a new second tier just before the end of the calendar year, any lateral hires would be treated similar in the benefit formula regardless of whether they were a member of a public retirement system or not. The other item in the amendment was the significance in the flexibility of the staffing provided for in the MOU. She noted Anaheim had a 30 -year history and tradition with a certain staffing model, steep in tradition with the Fire Association and their leadership stepped up and provided Council Minutes of November 20, 2012 Page 8 of 9 (in this agreement) for management to have some flexibility in that staffing and by doing so the city could better serve the residents and businesses of the community. Council Member Galloway remarked this had been a difficult negotiation, thanking the AFA and staff for working toward this goal. Council Member Eastman remarked the Association and its members had come to a fair and equitable agreement, saving time and expense and offering the same level of service to the community and she would support the amendment. Mayor Pro Tem Sidhu thanked Chief Bruegman and the firefighters for making this effort for agreement and to move forward from here. Mayor Tait reiterated he would not support this amendment as it did not reduce pension costs enough at this level. Council Member Galloway then moved to approve Item No's 19 and 21: RESOLUTION NO 2012 -144 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees in classifications represented by the Anaheim Fire Association, Local 2899 and RESOLUTION NO. 2012 -146 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM giving notice of its intention to approve an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System and the City of Anaheim; seconded by Council Member Murray Roll Call Vote: Ayes — 4: (Mayor Pro Tem Sidhu and Council Members: Eastman, Galloway, and Murray.) Noes — 1: Mayor Tait. Motion Carried. Report on Closed Session Actions: None Council Communications: Council Member Murray extended best wishes to all during the Thanksgiving holiday and to Council Member Lorri Galloway and Mayor Pro Tem Sidhu, she remarked it was an honor and a privilege to serve with them and looked forward to continue their work together for the benefit of the community going forward. Council Member Eastman discussed the lasting legacies accredited to Council Member Galloway and Mayor Pro Tem Sidhu and wished them every success in continuing to champion their causes. Mayor Pro Tem Sidhu remarked it was a privilege to serve for eight years, thanking the community for their trust and support. He presented a power point highlight significant accomplishments occurring during his tenure, much of it directed toward improving the economy and attracting business and quality jobs to the area. He was proud of the success of the Job Expo providing employment during difficult times and for the Health Fair, offering needed health services to those without insurance, efforts that would continue after he left public office. He thanked the dedicated and hard - working management team and city employees for their work on behalf of the community. Council Member Galloway spoke movingly of her tenure on the city council, remarking her mission from the start was to empower others as she spoke with the voices of those without money or power. She was privileged to have participated in the establishment of the Family Justice Center which changed the ways in which victims of family crimes received help, for the thousands of affordable homes built for the neediest and for the groundbreaking of ARTIC, a hub of transportation what was the future of Anaheim and the region. She recognized the excellence evident in Anaheim's management team and was appreciative of the work done by Council Minutes of November 20, 2012 Page 9 of 9 the Anaheim family of employees. She offered personal thanks to her family and wished the very best to Mayor Tait and Council Members Eastman and Murray. Mayor Tait thanked Harry Sidhu for his eight years of service, remarking that his personal and professional achievements were an American success story and inspiring to all. He added the Health Fair and Job Fair would continue beyond their term providing health services to those in need and securing jobs for those unemployed. To Council Member Galloway he stated the Family Justice Center would not have been established without her efforts and the East Street Coalition would continue to rally the community together with pride. He admired her fierce advocacy for the poor and overlooked, thanking her for her eight years of dedication to the city. Adjournment: At 7:19 P.M., with no other business to conduct, Mayor Tait adjourned the November 20, 2012 council meeting. Re e ully submitted, Linda N. Andal, CIVIC City Clerk