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2011/12/20ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF DECEMBER 20, 2011 The December 20, 2011 regular meeting of the Anaheim City Council was called to order at 3:00 P.M. and adjourned to 4:00 P.M. for lack of a quorum. Mayor Tait called to order the regular adjourned meeting of December 20, 2011 at 4:06 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. PRESENT: Mayor Tom Tait, Council Members Gail Eastman, Lord Galloway, Kris Murray and Harry Sidhu. STAFF PRESENT: Acting City Manager Bob Wingenroth, City Attorney Cristina Talley, and City Clerk Linda Andal WORKSHOP — 91 FREEWAY WIDENING PROJECT: Public Works Director Natalie Meeks announced that construction on the 91 Freeway widening project had begun and City staff had been working with Caltrans on issues related to the sound wall design and the proposed closing of the on /off ramps along the 91 project corridor. After receiving Caltrans concurrence for phasing five ramp closures, Ms. Meeks requested this project update and introduced James Pinheiro, Caltrans Deputy District Director, who would provide information on the scope of the project. Mr. Pinheiro briefly discussed project boundaries and then introduced Kausi Amuth, Senior Resident Engineer, to provide more in -depth information on the construction. Mr. Amuth explained the project would cover a six mile stretch on the SR 91 with the addition of one lane on the eastbound direction from SR 55/91 interchange to east of Weir Canyon Road on -ramps and westbound, from west of SR 91/241 interchange to west of Imperial Highway . In addition to the added lanes in both directions, all lanes and shoulders would be adjusted to standard widths and the bridge for Imperial Highway and Weir Canyon Road Undercrossing would be widened in both directions as well. The project's goal was to reduce traffic congestion and delays along the heavily traveled 91 and 55 corridors to benefit commuters. The total project construction cost, Mr. Amuth reported, was $49.3 million; however, that figure increased to $54.3 million with the recent approval of $5 million, by his board, in supplemental funds to stage five on /off ramps as requested by the City of Anaheim. The project started August 22, 2011 and was expected to be completed in late September 2012. However, he remarked, with the added ramp staging to the construction schedule, there could be three to five months of additional delay time. Caltrans was still negotiating with the contractor on that time element and for the cost of infill highway work. He added Weir Canyon work had been on -going but in terms of the time element, would be deferred until agreement was reached with the contractor. Mayor Pro Tern Sidhu requested details on the ramp closures staging. Mr. Amuth indicated the contractor had initially intended to close all 15 ramps in a sequentially phased manner and now that five of the 15 ramps eastbound were to be staged (remain fully opened during construction), he advised that access would be limited and significant vehicle delays would occur due to that restricted access. Caltrans was attempting to maneuver around this issue by having the contractor work on several of the staged rounds together to reduce project delays. He added work shifts were Council Meeting Minutes of December 20, 2011 Page 2 of 9 currently 24/7 for pavement work, and typically the contractor worked six days and six nights, a full two shifts at a minimum 10 hour shift. Due to issues outside of the contractor's control, he noted, they were working around the clock to catch up for lost time. Current construction, he informed Council, showed the following was taking place: • Road widening eastbound from SR 55 to west of the 241 and westbound direction from SR 241 west of Lakeview. • The staged eastbound off -ramp and westbound off -ramp at Weir Canyon was on- going and expected to be completed by February 2012. • Weir Canyon bridge widening was also on -going and reduced to two lanes in each direction to accommodate the bridge widening work. • The eastbound tangent Imperial on -ramp was fully closed and expected to be opened in early January 2012. • The Imperial Highway bridge widening was on -going and the soundwall berm was nearly completed with the initial 1,500 feet of footing placement complete. The block wall would resume after Christmas and expected to be completed and in place by January 2012. He added the soundwall started from the Mercedes Benz dealership fence and continued just west of the CHP station. • The offset to the face of the back wall was 15 feet and rested on a five foot berm to reduce traffic noise. Council Member Murray queried why the sound wall was not constructed closer to the right -of -way and whether a typical emergency vehicle could make it through that passageway for fire service needs or transient problems. Ms. Meeks remarked staff had numerous discussions with Caltrans staff on that issue with Caltrans verbally committing to address the drop -off as part of the construction and to have a drivable, accessible area for emergency services. Access gates would allow entrance for hoses in the wall with Ms. Meeks noting staff was still working with Caltrans to insure the right number of gates and correct spacing of the gates was provided to allow Fire Department access. Council Member Murray continued to express concern with protecting the nearby community from any potential fire storm which had occurred in the area, in the recent past. Mr. Pinheiro emphasized Caltrans' intent was to have smaller vehicles access the 10 foot road with gates at the ends of the wall for vehicles. For intermediate access to the wall, there would be gates every 500 feet and the furthest distance to reach an incident would be 250 feet. He added gates would be 36 inches wide, six feet tall and could accommodate hoses and stretchers easily. The space between these structures would also be compacted dirt with Mr. Pinheiro pointing out Caltrans maintenance crews would be responsible for insuring there was no debris build -up or transients occupying that space. Council Member Murray responded state funding level for maintenance was minimal at this point in time and she was not comfortable that this area would be a priority for Caltrans maintenance operations. She asked for an additional meeting with Caltrans staff to address these specific issues. Mr. Amuth provided details on the ramp closures. For Lakeview, all the eastbound ramps would be fully closed for up to six weeks, plus there would be an eastbound off - ramp scheduled for closure for the month of January 2012. Following that closure would be the eastbound straight -on ramp followed by the eastbound loop. Imperial Highway would have staged (fully- opened) ramps and some fully closed during construction. The Council Meeting Minutes of December 20, 2011 Page 3of9 loops, he explained, were related to the bridge widening and once the bridge was nearly completed, the work on the loop ramps could begin. On Yorba Linda, the eastbound and westbound rounds would be staged and the rest of the ramps would be fully closed during construction. There were a number of steps taken to minimize closure impacts during construction, he explained. For all closed ramps, the contractor intended to work a minimum of six days and six nights at 10 hour shifts and the smaller ramps were expected to be open within four to six weeks. In addition, an extensive public outreach program was in place to inform commuters and the local community of the construction schedule, as well as portable changeable message signs to inform motorists of impending closures. During closures, these message signs would be placed at critical locations such that a commuter would have time to select a detour route when needed. The permanent signs fixed throughout the corridor would be used to warn motorists before construction took place. Signage would also be posted during construction to inform motorists of detours due to ramp closures. Mr. Amuth remarked that several detours had been planned to enhance traffic circulation with additional detours added because of the staged ramps. Support from the California Highway Patrol and local police department would be used during closures to help the contractor move traffic efficiently. He added that extended freeway service patrols would also be available throughout the daylight hours to move problem vehicles off the road immediately. In addition, he explained, a second right turn lane was added to Imperial Highway to move traffic onto La Palma earlier. That same concept would be applied to Lakeview, with a second right turn to the westbound on -ramp as La Palma to Lakeview would serve as a detour route; this effort should relieve some anticipated traffic congestion. This step, he stated, would be in place before the Lakeview ramps were closed. Mr. Amuth then detailed the various detours available for Lakeview, Imperial, and Weir Canyon for all 15 ramps. He added no two consecutive on or off ramps would be closed and anytime there was a straight -on ramp closed, a loop would be available to ensure commuters had access. Gloria Roberts, Public Outreach Manager, announced that in addition to delivering projects safely, on time, and within budget, Caltrans' goal was to minimize the traffic delays and the inconvenience to the residents and the community. In partnership with Orange County Transportation Authority, Caltrans would be proactive in communications to residents, businesses, emergency responders, schools and the community to provide full project updates. She explained that as the issue of staged ramps had been resolved, the full scope of the project would be available in January, including all detours. Residents had inquired about landscaping and planning along the roadway with Ms. Roberts remarking that responsibility would begin as soon as the roadway construction was completed and the City would be invited to provide input on the landscape design. Council Member Murray confirmed that the perimeter boundaries for direct public mailers were La Palma and Santa Ana Canyon. She requested Caltrans extend that boundary for those residents living on the other side of La Palma and Santa Ana Canyon who would be just as impacted. Ms. Roberts responded Caltrans would take a look at extending the outer limits. Council Member Murray also remarked that she was very appreciative of Caltrans work on widening this well traveled corridor and recognized its positive impacts to Anaheim commuters. Her concern was solely over technical aspects of the project and for that reason, she requested a meeting with Caltrans staff, and the Council Meeting Minutes of December 20, 2011 Page 4 of 9 Anaheim Fire Chief and Public Works Director to ensure the residents near the soundwall were protected. Natalie Meeks announced staff had worked to keep the ramps open for most of the construction; however, there would be intermittent night closure for some of the ramps during the early morning hours. Caltrans would also pay for Anaheim police support during the first few days of the Lakeview off -ramp closing in January. Mayor Tait thanked Caltrans for returning to the California Transportation Commission to seek an additional $5 million in funding to allow those five heavily used on /off ramps to remain open during construction. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None At 4:51 P.M., Council recessed to closed session to consider the following items: CLOSED SESSION PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957) Title: City Manager Council session was reconvened at 5:15 P.M. Invocation: Pastor Tino Suffi, Vineyard Christian Fellowship of Anaheim Flag Salute: Mayor Pro Tem Harry Sidhu Presentations: Recognizing the winners of the Anaheim Beautiful Holiday Lights Contest Sandra Sagert, Anaheim Beautiful Committee, announced the Anaheim Beautiful Holiday Lights contest was an annual program in which neighbors nominated neighbors for awards. She then recognized and introduced the winners in the various categories. At 5:25 P.M., Mayor Tait called to order the Anaheim Redevelopment Agency (in joint session with the City Council). ADDITIONS /DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS (all agenda items): Public comments by 4 speakers. Linda Newby, Sister City Commissioner, reported on her recent visit to Vitoria - Gasteiz, Spain, an Anaheim sister city since 1997. Founded in 1181, Ms. Newby toured Vitoria - Gasteiz, visited its medieval district and world class winery region, met with various business leaders, and participated in a radio show on the merits of living and doing business in Anaheim. She explained the Sister City Committee received no taxpayer or City funding and relied solely on the support of generous donors and grants for their operating expenses. Lucy Dunn, Orange County Business Council (OCBC), announced the OCBC inaugural awards program on "Turning Red Tape into Red Carpet" was established to recognize leaders in local government whose policies and programs eliminated barriers to Council Meeting Minutes of December 20, 2011 Page 5 of 9 economic growth and private sector job creation. Anaheim received several recognitions and in two of the six categories, received the Crystal Award for sustainable and green development with its Water Recycling Demonstration project, a project critically important to the business community concerned with water available for growth and for real estate development. The second Crystal Award was for the ARTIC project which combined a transportation gateway and mixed use activity center on a 16 -acre site owned by OCTA. She added that this as an excellent example of public sector taking on and completing the risks of land entitlement, zoning, environmental cleanup and preparing land for both public and private sector development for when the economy recovered. Cecil Jordan Corcoran, reported ongoing gang activities in his neighborhood. William Fitzgerald, Anaheim Home, addressed his comments related to health impacts from nightly Disneyland fireworks. At 5:44, Council session was briefly adjourned to consider the Redevelopment Agency Agenda and reconvened at 5:45 P.M. . CONSENT CALENDAR: At 5:45 P.M., Mayor Tait indicated he would abstain on voting for Item Nos. 7, 8 and 9 declaring a potential conflict of interest. Mayor Pro Tern 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 Eastman. Roll Call Vote: Ayes — 5: (Chairman Tait and Council Members: Eastman, Galloway, Murray and Sidhu. Noes — 0. Motion Carried. D117 3. Approve the Investment Portfolio Report for November 2011. 4. Award the contract to the lowest responsible bidder, All American Asphalt, in the amount of $247,383, for the Ball Road Improvements project from 500' west of AGR -7079 Knott Avenue to 400' west of Fremont Street and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 5. Approve License Agreements with Anaheim Police Activities League and Boys & Girls Clubs of Anaheim for nonexclusive use of designated activity space at the AGR -7080 Downtown Anaheim Youth Center and the West Anaheim Youth Center for the purpose of conducting youth recreation and education programs for a period of ten years. 6. Approve the First Amendment to License Agreement with the County of Orange AGR- 7082.1 Health Care Agency that provides a women, infant and children supplemental nutrition program at the Ponderosa Park Family Resource Center. 7. Approve the Final Map and Subdivision Agreement with Silveroak Investment Corporation for Tract No. 17416 located at 3323 West Ball Road. AGR -7083 Mayor Tait recorded an abstention on this item. Roll Call Vote: Approved — 4: (Council Members: Eastman, Galloway, Murray and Sidhu. Abstention — Mayor Tait. Noes — 0. Motion to approve carried. 8. Approve the Cooperative Agreement with the Orange County Transportation AGR -7084 Authority for engineering and design, right -of -way acquisition, and construction of Council Meeting Minutes of December 20, 2011 Page 6 of 9 the Lakeview Avenue widening south of the OC Bridges Grade Separation project. Mayor Tait recorded an abstention on this item. Roll Call Vote: Approved — 4: (Council Members: Eastman, Galloway, Murray and Sidhu. Abstention — Mayor Tait. Noes — 0. Motion to approve carried. 9. Approve the Cooperative Agreement with Orange County Transportation AGR -7085 Authority, the State of California, and the Cities of Santa Ana, Orange, Placentia and Tustin for participation in the Regional Traffic Synchronization Program on Tustin Avenue /Rose Drive. Mayor Tait recorded an abstention on this item. Roll Call Vote: Approved — 4: (Council Members: Eastman, Galloway, Murray and Sidhu. Abstention — Mayor Tait. Noes — 0. Motion to approve carried. 10. Approve and authorize the City Manager to execute the Professional Service AGR- 3599.B Agreement with RBF Consulting and the First Amendment to Professional AGR- 5503.A.1 Services Agreement with Field /Paoli Architects for on -call civil engineering and architectural professional services. 11. Approve and authorize the City Manager to execute the First Amendment to Professional Service Agreement with Crush Creative, LLC, increasing AGR- 5283.A.1 compensation by $40,560.75 to satisfy the Agency's obligation to fund the MUZEO signage. 12. Approve and authorize the Planning Director to execute a contract with Jon S. Traw, in an amount not to exceed $156,000, to serve in an individual capacity as AGR- 7053.A the City's designated Building Official and to provide services, as needed, to fulfill the duties as set forth in the California Building Code. 13. Approve the Corporate Sponsorship Agreement with the Bottling Group, LLC AGR - 4991.13 d /b /a The Pepsi Bottling Group granting the Pepsi Bottling Group corporate advertising and sponsorship within the Anaheim Convention Center. 14. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a Master Agreement to Dooley Enterprises, Inc., in an D128 amount not to exceed $304,000 (including tax), for Winchester brand ammunition for a one year period with four one -year optional renewals and authorize the Purchasing Agent to exercise the optional renewals. 15. Waive Council Policy 4.1 and approve and authorize the City Manager to execute the Professional Services Agreement with Dr. Eric W. Gruver, Ph.D., in an AGR- 1599.G amount not to exceed $65,000, to provide professional psychological evaluation services to the Police Department for a one year period, with up to two one -year optional renewals. 16. Approve the Second Amendment to Agreements with Carpi Clay & Smith and Sloat Higgins Jensen & Associates, extending services for a one year period with AGR- 4729.2 up to two one -year optional renewals, for federal and state advocacy services AGR- 2781.A.2 representing the City in Washington, D.0 and Sacramento. Council Meeting Minutes of December 20, 2011 Page 7 of 9 17. RESOLUTION NO. 2011 -173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to adopt the Sixth Amended and Restated Franchise Agreement with Republic Waste Services of Southern AGR- 1427.6 California, LLC DBA Anaheim Disposal, for the collection, handling, processing, recycling, transportation and disposal of solid waste within the city limits of the City of Anaheim (public hearing scheduled for January 24, 2012). 18. RESOLUTION NO. 2011 -174 A RESOLUTION OF THE CITY COUNCIL D175 OF THE CITY OF ANAHEIM designating Velare Street from Lorena Drive to Conely Avenue and Conely Avenue from Velare Street to east end of Conley Avenue as "Permit Parking Only" street within Permit - Eligible Parking District No. 11. 19. RESOLUTION NO. 2011 -175 A RESOLUTION OF THE CITY COUNCIL D175 OF THE CITY OF ANAHEIM rescinding permit parking for Alberta Street in Permit - Eligible Parking District No. 20 (North Rose Bush Vine). 20. RESOLUTION NO. 2011 -176 A RESOLUTION OF THE CITY COUNCIL D175 OF THE CITY OF ANAHEIM designating Spinnaker Street from Orangewood Avenue to Simmons Avenue as "Permit Parking Only" street within Permit - Eligible Parking District No. 22. 21. RESOLUTION NO. 2011 -177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM designating south side of Crescent Avenue from D175 Westmont Drive to Manor Street and Manor Street from Crescent Avenue to Westmont Drive as "Permit Parking Only" Streets within Permit - Eligible Parking District No. 21 (Permit Parking Area No. 21). 22. RESOLUTION NO. 2011 -178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the submittal of the Ball Road Corridor R100 Traffic Signal Synchronization Project to the Orange County Transportation Authority for funding under the M2 Regional Traffic Signal Synchronization Program. RESOLUTION NO. 2011 -179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the submittal of the Knott Avenue Corridor Traffic Signal Synchronization Project to the Orange County Transportation Authority for funding under the M2 Regional Traffic Signal Synchronization Program. RESOLUTION NO. 2011 -180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the submittal of the Lemon Street/Anaheim Boulevard Corridor Traffic Signal Synchronization Project to the Orange County Transportation Authority for funding under the M2 Regional Traffic Signal Synchronization Program. RESOLUTION NO. 2011 -181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the submittal of the Placentia Avenue Corridor Traffic Signal Synchronization Project to the Orange County Transportation Authority for funding under the M2 Regional Traffic Signal Synchronization Program. Council Meeting Minutes of December 20, 2011 Page 8 of 9 23. RESOLUTION NO. 2011 -182 A RESOLUTION OF THE CITY COUNCIL R100 OF THE CITY OF ANAHEIM authorizing the destruction of certain city records more than two years old (Fire Department). 24. RESOLUTION NO. 2011 -183 A RESOLUTION OF THE CITY COUNCIL D154 OF THE CITY OF ANAHEIM extending the supplemental payment of salary and benefits to city employees recalled to active duty. 25. RESOLUTION NO. 2011 -184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM to approve the 2010 California Emergency Management Buffer Zone Protection Program Grant Funds Transfer Agreement AGR- 4010.A between the City of Anaheim and the County of Orange, authorizing the Chief of Police or his designee to execute all required documents to transfer the grant funds and authorizing acceptance of the such grant funds on behalf of the City and amending the budget for the fiscal year 2011 -12 accordingly. Authorize the Purchasing Agent to make the appropriate purchases as approved by the California Emergency Management Agency 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. 26. RESOLUTION NO. 2011 -185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief Police or his designee to R100 submit an application on behalf of the City of Anaheim to the U.S. Department of Justice, Office of Justice Programs to participate in the FY 2011 -12 Bulletproof Vest Partnership Grant Program, authorizing the Chief to execute all required grant documents, and authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal year 2011 -12 accordingly. END OF CONSENT CALENDAR 27. Nominate and appoint a Council Member to serve as Mayor Pro Tem for the D114 2012 calendar year. Appointment: LORRI GALLOWAY Mayor Tait nominated Lorri Galloway as Mayor Pro Tern for the 2012 calendar year. With no other nominees offered, the roll call vote reflected: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu. Noes -0). Motion carried and Lorri Galloway was appointed to the Mayor Pro Tern position. Report on Closed Session Actions: None Council Communications: Council Member Eastman highlighted a number of neighborhood acts of kindness occurring this year. A local artist in the historic Colony district donated his time and talent to children at the Anaheim interfaith shelter and Layaway Angels donated $5,000 to pay off layaways for some families at the local K -Mart. She also remarked on the Council Meeting Minutes of December 20, 2011 Page 9 of 9 generosity of City employees who had raised over $74,000 in charitable contributions at a time when layoffs and cutbacks were occurring in the workforce. Council Member Sidhu offered his best wishes to all during this holiday season and voiced his appreciation to the community for allowing him to serve Anaheim. Mayor Pro Tem Galloway remarked it had been a pleasure and an honor to serve on the council this year with colleagues who were both respectful in public and behind closed doors. She also recognized city employee, David Eiseroad, Public Works Senior Construction Inspector. Council Member Murray highlighted several City events that occurred this past year: the passage of a balanced budget, the Ponderosa Library computer lab donation by Toshiba, the Anaheim Coves dedication, and the 911 Memorial service. She added it had been a privilege to promote the Regulatory Task Force and the Hi Neighbor Program; the groundbreaking for ARTIC, the Enterprise Zone designation and the USA Volleyball Olympics for next summer. Mayor Tait thanked Council Member Sidhu for his several years of service as Mayor Pro Tern and for initiating the successful Jobs and Health Fairs. He spoke of acts of kindness, big and small, that he had witnessed throughout the City and highlighted the Eli Home Children's Christmas event. Adjournment: At 6:06 P.M., the December 20, 2011 council session was adjourned. spec ully submitted, P Linda N. Andal, CMC City Clerk