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2004/07/27 ANAHEIM, CALIFORNIA - CITY COUNCIL ADJOURNED REGULAR MEETING July 27, 2004 The City Council of the City of Anaheim met in adjourned regular session. The Notice of Adjournment was posted at 3:00 P.M. on July 27,2004 on the exterior door of the Anaheim Council Chambers, announcing the adjournment to 4:00 P.M. due to a lack of quorum. PRESENT: Mayor Pro Tem Richard Chavez, Council Members: Bob Hernandez, Shirley McCracken and Tom T ait. ABSENT: Mayor Curt Pringle STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, and City Clerk Sheryll Schroeder. A copy of the agenda for the meeting of the Anaheim City Council was posted on July 23, 2004 at the City Hall outside bulletin board. Mayor Pro Tem Chavez called the adjourned regular meeting to order at 4:05 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard and welcomed those in attendance. WORKSHOP: D153 CUSTOMER SERVICE INITIATIVE UPDATE City Manager David Morgan stated that unparalleled service was one of the four priorities previously identified by Council resulting in City staff launching a customer service initiative with the goal of providing outstanding service to the residents and visitors of Anaheim. Pamela Williams, Public Works Department, provided details on the 5-year service initiative strategy, indicating that Phase I was now completed and presented a video, available in the Human Resources Department, detailing those efforts. Each Council Member commented positively on the City employees' dedication to excellent customer service. At 4:25 P.M.! Mayor Pro Tem Chavez recessed to closed session for the following items: ADDITIONS/DELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION: None 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: Santelli, et al. v. City of Anaheim, Orange County Superior Court Case No. 03CC06084. --._."......""""..-.'".,......~i1~""""'_.,.... r..;'~....'...:':.:,..,'.,;_..,.,..;i"ii._.".._,.__'.".....,."';"_"'_"""":_'c___;"","_,",,,,,,,"_~" ""-~'h'_'""-,,,,-- ANAHEIM CITY COUNCIL MEETING MINUTES JULY 27, 2004 PAGE 2 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: City of Anaheim v. Huntcor, Inc., et aI., Orange County Superior Court Case No. 02CC18801. INVOCATION: Pastor Jimmy Gaston, State College Church of Christ FLAG SALUTE: Council Member Tait PRESENTATIONS: Recognizing Katella High School Knights. The CIF Southern Section Division III champions were introduced and recognized by Baseball Coach Carlos Ayala. Introducing the 2004 student delegation from Mito, Japan. Marge Conway, President of Anaheim Sister Cities Association, introduced the 2004 student exchange delegation from Anaheim's Sister City from Mito, Japan. RECOGNITIONS (to be presented at a later date): Recognizing S. Dale Stanton for his service on the Metropolitan Water District Board of Directors Proclaiming August 1, 2004 as National Kid's Day in Anaheim Mayor Pro Tem Chavez recessed the Anaheim City Council to call to order the Anaheim Redevelopment Agency at 5:41 P.M. and reconvened the Council meeting at 5:42 P.M. ADDITIONS/DELETIONS TO THE AGENDA: Staff requested Item A20 be removed from the agenda. PUBLIC COMMENTS: James Robert Reade spoke of Mayor Pro Tem Chavez's positive achievements in local government. Larry Rosenberg related the inspiring efforts of several Anaheim students participating in the Anaheim ballet program and thanked Council and the Redevelopment Agency for their encouragement. CONSENT CALENDAR: Council Member Tait declared a potential conflict of interest on Items A 1 and A25 as his firm had conducted business with Southern California Edison in the past and would abstain from voting on those items. Council Member McCracken moved approval of Consent Calendar Items A 1- A27, seconded by Council Member Hernandez to waive reading in full of all ordinances and resolutions and 0128 0160 0160 0160 0160 0160 0160 0128 ANAHEIM CITY COUNCIL MEETING MINUTES JULY 27,2004 PAGE 3 to approve the following in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Roll Call vote: Ayes - 4; Mayor Pro Tem Chavez, Council Members: Hernandez, McCracken and Tail. Noes - O. Absence - 1; Mayor Pringle. Motion carried. A1. Receive and file the Monthly Financial Analysis presented by the Finance Director for ten months ended April 30, 2004; the Investment Portfolio Report for June 2004; the annual consolidated detail and allocation report for the Supplemental Law Enforcement Services Fund; minutes of the Golf Advisory Commission meeting held March 25, 2004 and May 27, 2004; minutes of the Deferred Compensation Committee meeting held April 7, 2004; minutes of the Public Utilities Board meeting held June 3, 2004; minutes of the Public Library Board meeting held June 14, 2004; and Notice of Filing of Application for increase in electric rates from Southern California Edison. Council Member Tait abstained. A2. Accept the bid of Ken Thompson, Inc., in an amount not to exceed $581,033, for sewer and storm drain repair, as needed, for a period of one year with four one-year renewal options and authorize the Purchasing Agent to exercise renewals in accordance with Bid #6479. A3. Accept the low bid of Twin-Hill Corporate Apparel, in an amount not to exceed $189,374 (including tax), for the purchase of custom uniforms for the Convention Center for a period of one year with two one-year renewal options and authorize the Purchasing Agent to exercise the renewals in accordance with Bid #6483. A4. Accept the low bid of Unisource, Inc., in an amount not to exceed $143,816 (plus tax) for paper products for the Convention Center, as needed, for a period of one year with three one-year renewal options and authorize the Purchasing Agent to exercise renewals in accordance with Bid #6490. A5. Accept the bid of Silvia Construction, Inc., in an amount not to exceed $350,336, for the rental of asphalt recycling equipment with operator, as needed, for a period of one year with four one-year renewal options and authorize the Purchasing Agent to exercise renewals in accordance with Bid #6493. A6. Accept the bid of Nobest, Inc., in an amount not to exceed $1,084,450, for concrete repair and/or replacement, as needed, for a period of one year with four one-year renewal options and authorize the Purchasing Agent to exercise renewals in accordance with Bid #6494. A7. Accept the low bid of Pioneer Americas, LLC, in the amount of $99,730 (plus tax) for sodium hypochlorite for Public Utilities and authorize the Purchasing Agent to exercise up to four one-year renewal options in accordance with Bid #6498A. A8. Award the contract to the lowest responsible bidder, Petroleum Engineering, Inc., in the amount of $69,750, for City Hall West underground fuel storage tank repair and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. ".....'. ,,' ~._--- '----= 0128 0159 3062 3063 8105 2987.1 0140 2986.1 3064 3065 3066 0150 ANAHEIM CITY COUNCIL MEETING MINUTES JULY 27, 2004 PAGE 4 A9. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the amount of $207,207.18, for the Disney Way Street Pavement Rehabilitation Improvement Project and the Harbor Boulevard Street Pavement Rehabilitation Improvement Project and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A 10. Adopt a seven-year Capital Improvement Program, as required by Measure M Funding Eligibility Requirements. A 11. Approve an agreement with The Keith Companies, Inc., in an amount not to exceed $400,000, for engineering services for the Katella Avenue Smart Street Project from Ninth Street to Humor Drive. A 12. Approve the Purchase and Sale Agreement of Remnant Parcels and Grant Deed for the sale of real property with Fernando Gutierrez, for property located at 838 West Bellevue Drive. A 13. Ratify the re-appointment of Carol Marrow to the Senior Citizen Commission, term to expire June 30, 2007. A 14. Approve a modification to existing contract #282-00-0050 (Modification 3) for the development of a Metropolitan Medical Response System and authorize the City Manager to approve modifications to the plan as necessary. A 15. Authorize the City Librarian to donate the remaining shelving in the closed Haskett Branch Library to other libraries, public agencies and/or non-profit organizations. A 16. Waive the competitive bid requirements of Council Policy No. 401 and approve and authorize the Public Utilities General Manager to execute the Amendment to Agreement with eMeter Corporation, in a total amount not to exceed $140,000, for residential peak power rebate program management. A 17. Approve and authorize the Public Utilities General Manager to execute an agreement with Adams Steel to install added facilities and provide electric services at 69kV. A 18. Approve and authorize the Public Utilities General Manager to execute two agreements with the Anaheim City School District, in the amounts of $150,000 each, to provide funding to assist in completing a solar energy project at Melbourne Gauer Elementary School and Clara Barton Elementary School. A19. RESOLUTION NO. 2004-162 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Community Services to execute personal services contracts in the form approved by the City Council for instructors, sports official assignors and trainers and entertainers in amounts less than five thousand dollars. ANAHEIM CITY COUNCIL MEETING MINUTES JULY 27, 2004 PAGE 5 A20. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (City Treasurer's Office). Staff removed Item A20. 0153 A21. RESOLUTION NO. 2004-163 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 97R-101 which established rates of compensation for non-represented part-time classifications (Police Safety). 0153 A22. RESOLUTION NO. 2004-164 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing rates of compensation for classifications assigned to the Confidential Unit. RESOLUTION NO. 2004-165 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing rates of compensation for classifications assigned to the International Brotherhood of Electrical Workers, Local 47. 0175 A23. RESOLUTION NO. 2004-166 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending rates, rules and regulations for the sale and distribution of water as adopted by Resolution No. 72R-600 and most recently amended by Resolution No. 2004-65. M142 A24. ORDINANCE NO. 5929 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending various provisions of the Anaheim Municipal Code to reduce certain code violations from misdemeanors to infractions and amending certain other provisions of the Code (Introduced at the Council meeting of July 13, 2004, Item A27). ORDINANCE NO. 5930 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding new Chapter 1.20 to Title 1 of the Anaheim Municipal Code relating to civil citations (Introduced at the Council meeting of July 13, 2004, Item A27). RESOLUTION NO. 2004-167 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a schedule of fines and interest charges pursuant to Chapter 1.20 of Title 1 of the Anaheim Municipal Code. F3071 A25. ORDINANCE NO. 5931 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting to Southern California Edison Company, its successors and assigns, a non-exclusive franchise to use and to construct and use, solely for transmitting electricity through the City of Anaheim (except in cases or subsequent annexations and of customers served under fringe agreements), poles, wires, conduits and/or appurtenances, in, along, across, upon, over and under the public streets, ways, alleys and places, as the same now or may hereafter exist, within said municipality (Introduced at the Council meeting of July 13, 2004, Item B4). Council Member Tait abstained. -,,-~ ,. -,..........,.,... . ....._-~..__..- ,.._",-, -'._~_. ''''_..- ANAHEIM CITY COUNCIL MEETING MINUTES JULY 27, 2004 PAGE 6 P179 A26. ORDINANCE NO. 5932 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2003-00101). 0114 A27. Approve minutes of the Council adjourned regular meeting held July 13, 2004. END OF CONSENT CALENDAR 8105 A28. Consider appointing a member to serve on the Housing and Community Development Commission, representing the South Neighborhood Council, term to expire June 30, 2006. APPOINTMENT: Mayor Pro Tem Chavez stated that part of the difficulty in filling the Commission appointment was due to the 4:00 P.M. meeting time. With the consent of Council, the Mayor Pro Tem continued Item A28 to August 3,2004, indicating the Commission would be contacted as to the possibility of meeting later than the scheduled 4:00 P.M. time which would attract more applicants for the appointment. CLOSED SESSION: No report. COUNCIL COMMUNICATIONS: Council Member Hernandez announced the passing of Marcel Lemieux, formerly with Public Utilities Department. Council Member Tait applauded the customer service initiative and the efforts of staff at providing outstanding customer service. Council Member McCracken announced a free program at Pearson Park amphitheatre on August 2ih at 7:00 P.M. to be performed by Anaheim Ballet students and a professional ballet program scheduled for September 18th at 8:00 P.M. as well. Mayor Pro T em Chavez congratulated staff for the customer service initiative showing how dedicated City employees were from every sector of government and praised the Anaheim Academy put on by the Parks and Recreation Department recognizing residents who believed in Anaheim and were proud of the City. Mayor Pro Tem Chavez explained that Mayor Pringle was currently on vacation but that he would be traveling to New York City in August with the purpose of attracting the Republican National Convention to Anaheim in the future. Additionally, Mayor Pro Tem indicated he would be visiting Boston to pursue the same effort with the Democratic National Convention, an effort which would economically benefit the City and put Anaheim on the national map. < -......._..,..,.,.' ",. ._...~,.. _.,.,., -~ ..."...~..."._,.--.. '".~~. ,.._-*--~~. ANAHEIM CITY COUNCIL MEETING MINUTES JULY 27,2004 PAGE 7 ADJOURNMENT: There being no further business to come before the City Council, Mayor Pro Tem Chavez adjourned the meeting at 5:58 P.M. Respectfully submitted: ~~ Sheryll Schroeder, MMC City Clerk "'........ '" ..