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2010/02/09ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF FEBRUARY 9, 2010 The meeting of February 9, 2010 was called to order at 3:00 P.M and adjourned to 4:00 P.M. for lack of a quorum. Mayor Pringle called to order the regular adjourned meeting of February 9, 2010 at 4:02 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on February 5, 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 Acting City Clerk Theresa Bass ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEM: None At 4:02 P.M. City Council recessed to closed session for consideration of the following items: CLOSED SESSION 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 LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the Government Code) Agency Designated Representative: Kristine Ridge Name of Employee Organization: AMEA, General and Clerical Council session reconvened at 5:00 P.M. Invocation: Pastor Edward Wiafe, Messiah Pentecostal Ministry Flan Salute: Council Member Lucille Kring Presentations: Recognizing the 2009 Eagle Scouts in the City of Anaheim Eagle Scout Award — On the 100 anniversary of boy scouting, Mayor Pringle introduced nine Anaheim scouts who had achieved the highest rank of Eagle Scout. Acceptance of Other Recoanitions (To be presented at a later date): Recognizing Dorothea M. Stephenson as the Cypress College Foundation Citizen of the Year for Anaheim Council Minutes of February 9, 2010 Page 2 of 7 At 5:02 P.M. the Anaheim Redevelopment Agency was called to order (in joint session with the Anaheim City Council). ADDITIONS /DELETIONS TO THE AGENDAS: Staff recommended a minor change to the draft Ordinance in Item No. 14 to clarify that approved Festival Uses could take place outside of the Festival Districts. Staff requested Item No. 15 be withdrawn to be considered at a future meeting. PUBLIC COMMENTS: James Robert Reade, resident, announced he had received a letter from the City's Internal Affairs Division related to his September 28 complaint and commented on his dissatisfaction with the investigation results. Raman Patel spoke of his concerns and problems relating to housing as described in a letter submitted to the City. Mayor Pringle remarked that Council and staff understood the issues and the Housing Department would provide a response. Todd Ament reported the Chamber of Commerce fully supported Item No. 10, an unprecedented purchase program created to encourage major purchases in the City. He indicated several Chamber members were ready to act on this program designed to drive large retail sales and congratulated the City for its creativity during challenging economic times. CONSENT CALENDAR: Mayor Pringle requested Item No. 10 be pulled from the consent calendar for further discussion and Council Member Hernandez pulled Item No. 6. Council Member Galloway also pulled Item Nos. 12 and 13. Council Member 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 Kring. Roll call vote: Ayes - 4; Mayor Pringle, Council Members: Hernandez, Kring and Sidhu. Noes - 0. Absence —1: Council Member Galloway. Motion Carried 4. Receive and file the minutes of the Community Services Board meeting of B105 October 8, 2009, Cultural and Heritage Commission meeting of November 19, 2009, Library Board meeting of December 14, 2009 and Public Utilities Board meeting of December 16, 2009. 5. Authorize the Director of the Community Services Department to accept a D150 donation from Opal Kissinger, in the amount of $50,000, for the Heritage Services program of the Library Division, amend the budget accordingly for the fiscal year in which the donation is received and authorize the Finance Director to carry forward into future fiscal years any unexpended appropriation related hereto. 7. Approve and authorize the Public Utilities General Manager to execute the 6114 Agreement for Replacement of Overhead with Underground Communication facilities with Pacific Bell Telephone Company, dba AT &T of California, to facilitate joint trench construction and cost sharing for work within Underground Council Minutes of February 9, 2010 Page 3 of 7 District No. 49- Sunkist Street and to take necessary actions to implement the agreement. 8. Approve and authorize the Public Utilities General Manager to execute an 6115 agreement with Psomas, in the amount of $1,080,996, to provide consulting engineering services for the Linda Vista Reservoir and Pump Station - Phase I project and to take necessary actions to implement the agreement. 9. RESOLUTION NO. 2010 -017 A RESOLUTION OF THE CITY COUNCIL D182 OF THE CITY OF ANAHEIM declaring its official intent to reimburse certain water utility fund expenditures from the proceeds of bonds or other obligations. Authorize and direct the Public Utilities Department's Assistant General Manager - Finance and Administration to take the necessary actions to reimburse the water utility fund. 11. RESOLUTION NO. 2010 -019 A RESOLUTION OF THE CITY COUNCIL D175 OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Public Works - working files). RESOLUTION NO. 2010 -020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Public Works - contracts). 14. ORDINANCE NO. 6165 (INTRODUCTION) AN ORDINANCE OF THE M142 CITY OF ANAHEIM adding new section 18.38.135 to Chapter 18.38 of Title 18 of the Anaheim Municipal Code relating to Festival Permits (Zoning Code Amendment No. 2009 - 00087). RESOLUTION NO. 2010 -025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the boundaries for the Festival Districts. 15. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 18.46 of Title 18 of the Anaheim Municipal Code pertaining to landscaping and screening (Zoning Code Amendment No. 2009 - 00086). ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 7.44 of Title 7 of the Anaheim Municipal Code relating to graffiti. Item No. 15 withdrawn. 16. Approve minutes of the regular meeting of January 26, 2010. END OF CONSENT: 6. Authorize the Fire Chief to execute the Operating Plan in connection with an 1666.G.0.1 agreement, previously approved on June 23, 2009, with the California Department of Forestry and Fire Protection for protection of wildland areas within the City. Council Minutes of February 9, 2010 Page 4 of 7 Acting Fire Chief Lary Waterhouse reported this item was an addendum to a previously approved contract covering 2,400 acres of Gypsum Canyon and other areas across the 241 Freeway. He explained the Cal Fire operating plan had not been approved in June when the fire protection agreement had been executed due to on -going language modifications requested by Cal Fire. The plan was now completed and reviewed by the City Attorney and was before Council for final approval. Responding to questions posted by Council Member Hernandez, Chief Waterhouse indicated when a fire occurred within a contract area, the closest Anaheim fire stations would be dispatched and as soon as it was known the fire would be 45 minutes or longer to resolve, Cal Fire was notified. He added Cal Fire resources included off -road fire engines, hand crews, both rotary and fixed wing aircraft as well as command staff to join in a unified command system. Once Anaheim fire stations were fully involved, park agencies and mutual aid in the county as well as North Net JPA aid would backfill stations. If backfilling occurred from out of town units, he explained, each station had access to citywide maps as well as openers and keys to get into different buildings and areas of the city as well as instructions as to how to use these tools for the units that occupied stations and take calls in the City while Anaheim firefighters were unavailable. Council Member Hernandez announced this was an item important for the public to understand in terms of readiness preparation for emergency services response and moved to approve Item No. 6, seconded by Council Member Galloway. Roll call vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0. Motion Carried. 10. RESOLUTION NO. 2010 -018 A RESOLUTION OF THE CITY COUNCIL D128 OF THE CITY OF ANAHEIM providing a partial rebate of the City of Anaheim's local sales tax to encourage and promote major purchases within the City of Anaheim. Mayor Pringle remarked Item No. 10 was the result of a concept he had presented during his State of the City speech. He indicated the intent was to use this opportunity when sales were generally sluggish and encourage buyers to consider making large purchases in Anaheim. He explained Anaheim receives one percent of the sales tax on purchases made in the City and this rebate, which would begin February 10 and ends June 30, 2010, if approved this evening, would rebate back to the purchaser one half of what the City would otherwise collect. The rebate would be offered for any purchases over $20,000. He emphasized that part of the path out of recession towards recovery is to encourage people to start changing habits and to consider making large purchases through this partial rebate program, which would benefit the buyers and the community as monies are reinvested in the City. He indicated the system was simple; purchasers could apply through a variety of ways, through the City's website or through large retailers for rebate applications. Council Member Hernandez moved to approve RESOLUTION NO. 2010-018 OF THE CITY OF ANAHEIM providing a partial rebate of the City of Anaheim's local sales tax to encourage and promote major purchases within the City of Anaheim, seconded by Council Member Sidhu. Roll Call Vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0. Motion Carried. Council Minutes of February 9, 2010 Page 5 of 7 12. RESOLUTION NO. 2010 -021 A RESOLUTION OF THE CITY COUNCIL *154.1 OF THE CITY OF ANAHEIM approving a Letter of Understanding between the *154.2 Anaheim Municipal Employees Association, General and Clerical Units, and the City of Anaheim (Accelerated Separation Plan). Approve and authorize the Human Resources Director to offer the same accelerated separation plan to full -time employees in classifications assigned to the Confidential, Professional/Technical, Middle Management, Supervisory, and Administrative Management units, excepting any employee in a Public Safety classification. Kristine Ridge, Human Resources Director, reported this item related to an accelerated separation program for Anaheim Municipal Employees Association (AMEA) full -time employees and certain non - represented full -time employees. As a result of the continuation of the decline of key general fund revenue streams, she announced the need to implement immediate and significant reductions for on -going labor expenses was recognized. To accomplish the necessary reductions, executive management identified over 60 positions throughout the City for elimination during this fiscal year. In order to mitigate the negative impacts on the City's workforce and to avoid many of the costs associated with involuntary layoffs; staff recommended Council adopt a separation program to encourage voluntary separations. Ms. Ridge explained the recommended program would provide a cash payment of up to 25 percent of an employee's base salary to a maximum of $25,000 to all individuals exiting voluntarily within a specified period of time. In addition, for those eligible employees that retired, an increase City contribution to the Post Retirement medical benefits through December 31, 2011 would be made. Participants interested in the program would need to apply and would only be approved if the retirement resulted in elimination of a position or a vacancy was created that could be eliminated at a lower level. She added labor force reductions that could be accomplished voluntarily rather than involuntarily provided both morale and financial benefits to the City and with enough participation in this program could help reduce the number of layoffs necessary. Council Member Galloway reported this was one of the alternatives she hoped would be considered as a solution to layoffs and complimented staff and AMEA for their efforts. Council Member Galloway then moved to approve RESOLUTION NO. 2010-021 OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Municipal Employees Association, General and Clerical Units, and the City of Anaheim (Accelerated Separation Plan); seconded by Council Member Kring. Roll Call Vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0. Motion Carried. . 13. RESOLUTION NO. 2010 -022 A RESOLUTION OF THE CITY COUNCIL D154.1 OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees in classifications represented by the Anaheim Municipal Employees Association, General Unit. RESOLUTION NO. 2010 -023 A RESOLUTION OF THE CITY COUNCIL D154.2 OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees in classifications represented by the Anaheim Municipal Employees Association, Clerical Unit. Council Minutes of February 9, 2010 Page 6 of 7 RESOLUTION NO. 2010 -024 A RESOLUTION OF THE CITY COUNCIL D154.8 OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees in classifications represented by the Anaheim Municipal Employees Association, Part Time Unit. Kristine Ridge, Human Resources Director, reported this item was for the adoption of three memorandums of understanding, AMEA General, AMEA Clerical, and AMEA Part Time units. With the expiration of previous agreements, she noted these new agreements provided for the wages, hours and conditions of employment for the next 18 months. Key provisions in these agreements included zero wage increases, options extensions for AMEA and suspension of cash -out provisions. Other modifications were made for payroll reductions, leave and overtime, key card charges, certification pay and retiree medical benefits as well as the incorporation of existing letters of understanding and minor housekeeping cleanup and clarifications. Ms. Ridge indicated terms had been negotiated and AMEA was in agreement. Council Member Galloway congratulated AMEA and its members for discussing and accepting this contract which she recognized included sacrifices by employees. Council Member Sidhu moved to approve RESOLUTION 2010 -022 OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees in classifications represented by the AMEA, General Unit; RESOLUTION 2010 -023 OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for AMEA Municipal Employees Association, Clerical Unit; and RESOLUTION NO. 2010-024 OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees in classifications represented by the AMEA, Part-time Unit; seconded by Council Member Kring. Roll Call Vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0. Motion Carried. Report on Closed Session Actions: None Council Communications: Council Member Hernandez reported on his attendance to the Access California's Annual Gala "Triumph Over Hardship" on January 3r and the OCTA Forum at Chapman University. He was impressed with the array of speakers and the depth of the commitment and expertise of those who participated in the forum discussing transportation issues and solutions. He also attended the first meeting of Anaheim's newly formed Sister City Commission, thanking the former Sister City Association for ending their association and supporting the City's vision. He also spoke of his attendance at the ribbon cutting ceremony for the Adam Steel Recycling Facility, which contained the largest commercial solar electric generating system in Anaheim generating over 700,000 kilowatts hours per year. He added that through the use of solar generated energy, a savings of $57,000 to $60,000 would be achieved, which Adam Steel Recycling would turn back to the City in the form of charitable donations. Council Minutes of February 9, 2010 Page 7 of 7 Council Member Galloway recognized, City employee, Maggie Flynn, Family Justice Center. Council Member Kring spoke of her attendance at the ribbon cutting ceremony of Adam Steel Recycling Facility and congratulated George Adams and his family for their forward thinking. She announced the Anaheim Family Justice Center would host a fundraiser on February 21' at the Brea Improv Theater and Cops for Kids would hold its a Annual Golf Tournament fundraiser at the Black Gold Golf Course on March 8th. Mayor Pro Tern Sidhu spoke of her attendance at the ribbon cutting ceremony of Adam Steel Recycling Facility and congratulated George Adams and Public Utilities General Manager Marcie Edwards for their work on project. He also announced applications were now available on the City's website for the Mayor's TechScholar Program. Mayor Pringle welcomed Dennis Kuhl, President of Angels Baseball and Ms. Miller, Major League Baseball representative, who were present in support of Agenda Item No. 14 related to the July Major League All Star festival event. In celebration of "Kindness Week ", Mayor Pringle announced former Council Member Tom Tait had donated 19 banners to be displayed throughout the city promoting "Kindness is Contagious ". He also announced the new "Frogs" exhibit at the Muzeo with over 100 different types of frogs from all over the world on display. ADJOURNMENT: At 5:58 P.M., with the consent of Council, Mayor Pringle adjourned the February 9, 2010 Council meeting. Respectfully submitted, Theresa Bass, Deputy City Clerk