2012/10/23ANAHEIM CITY COUNCIL
REGULAR AND REGULAR ADJOURNED
MEETING OF OCTOBER 23, 2072
The Anaheim City Council was called to order at 3:00 P.M. on October 23, 2012 and adjourned
to 3:30 P.M. for lack of a quorum. At 3:37 P.M., the regular adjourned council meeting of
October 23, 2012 was 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 Secretary Linda
Andal
A copy of the agenda was posted on October 19, 2012 on the kiosk outside City Hall.
WORKSHOP — ANAHEIM VETERANS WORKING GROUP:
Mayor Tait introduced the workshop remarking that promoting the core values of freedom and
kindness in Anaheim had been a priority of his; and this July, he had requested an ad hoc
committee seek ways to enhance support for veterans and present that information to council.
Lylyana Bogdanovich, City Manager's Office, reported the Anaheim Veterans Working Group
was tasked with exploring further opportunities to honor and assist Anaheim's 18,000 veterans.
She provided information about current support activities available outlining those existing
services for council.
With regard to current employment development, Anaheim Jobs offered referral services and
information as well as assistance with employment. The Veterans Gold Card Initiative, in
addition, provided unemployed post 911 veterans with enhanced case management and
assistance with jobs for up to six months and the Anaheim /Orange County Job Fair, held this
past year, centralized veteran organizations in one location for the 2012 Job Fair. There was
also a veteran hiring preference program in effect for those veterans living or working in
Anaheim and additionally, for city employees active in the military service, Ms. Bogdanovich
stated, council adopted a resolution in 2003 to supplement wages for city employees called into
active military services in connection with actions to combat terrorism, to cover the difference
between the city employee's current salary and his or her respective active military salary.
Related to existing housing assistance, she explained, the Anaheim Housing Authority
provided assistance to very low income households for affordable housing needs and under a
homeless program, 91 vouchers were set aside for comprehensive case management services
and related assistance to homeless vets.
Highlighting current support services, Ms. Bogdanovich discussed adoption of the 13 Marine
Expeditionary Unit (MEU) stationed out of Camp Pendleton with a mission to support military
personnel and their families. The MEU Adoption Committee was then established to guide and
provide on -going activities and support for the 13 MEU on an on -going basis, many of those
activities in conjunction with Veteran's Day, 4 th of July and other City events. The Committee
also raised funds throughout the year to assist with Easter and Thanksgiving dinners for the
marines and their families as well as Christmas holiday festivities. Another support service
Council Minutes of October 23, 2012
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undertaken was the Military Banner Program established in 2009 to recognize active military
personnel currently deployed in the armed forces and funded through private donations. She
noted deployed military personnel were honored and recognized though a City- dedicated web
page and on banners displayed throughout city streets. So far, Ms. Bogdanovich reported,
Anaheim honored 72 men and women since the program's inception. Additionally, a program
honoring fallen heroes had been established to recognize Anaheim residents who served in the
military and lost their lives. She noted the City paid special tribute at the military banner
ceremony and honored each fallen hero with a banner in each of three designated banner
locations and on a dedicated City webpage as well. She pointed out the City's web page
honoring fallen heroes was proposed to be redesigned as part of the recommendations of the
working group.
Veterans Working Group Recommendations: Ms. Bogdanovich explained a priority
recommendation was to create a comprehensive resource directory and brochure that
addressed all veteran programs and activities in the city and partnering organizations. The
brochure, along with a webpage addressing those same issues would provide detailed
information in one location. A recommendation to complement the brochure and webpage was
a one -stop location for City non - profit organizations as well as a first responder's guide
consisting of a pamphlet of information for veterans needing emergency services. Another
recommendation was to provide a designated veteran's advocate at City Hall, an existing staff
member that could be the first contact for veterans inquiring about related services at city hall.
She also mentioned exploring, through the Human Resources Department, the implementation
of hiring preference points for veterans when conducting external recruitments for general city
positions in additional to public safety positions. Ms. Bogdanovich also pointed out the Anaheim
Enterprise Zone provided hiring tax credits to employers hiring veterans within these designated
areas and the Veterans Working Group recommended exploring methods to enhance marketing
and promotion of this incentive.
She noted that through the Retired Senior Volunteer Program, under the guidance of the Police
Department, the "You are not alone" program checked on individuals living alone. She advised
that Veterans Working group suggested expanding this program to veterans to not only
occasionally check in on their welfare, but ensure they understood the types of eligible services
available. In addition, the Police Department wished to explore hiring veterans for this program
in the future.
To enhance the City's fallen heroes program, the Veterans Group suggested paying tribute with
a funeral procession the day that fallen hero was placed to rest in a particular location in the
city, possibly in the downtown area where residents could congregate and pay tribute. Another
recommendation was to utilize the POW flag pole next to the existing Veteran's monument to fly
the flag of a deceased veteran for a given period of time to honor that veteran and their family.
In addition, the Group recommended relocating the current plaque identifying former Mayors of
Anaheim near the Veteran's monument and dedicating a veteran specific plaque in front of the
flag pole to commemorate Anaheim's veterans. The Group also recommended partnering with
existing city publications such as the Anaheim magazine to periodically honor Anaheim's
veterans; the Community Services Department was also interested in providing a 10 percent
discount to active military veterans for recreation classes and in addition, offering
complementary family passes for the summer series at Pearson Park.
Ms. Bogdanovich ended the presentation remarking the Veteran Working Group would like to
meet on a regular basis to continue building upon the relationships they had developed. She
Council Minutes of October 23, 2012
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added an item for consideration of the Veteran Working Group recommendations was included
on October 23, 2012 agenda.
Council Member Murray remarked that each congressional office as well as the County of
Orange had designated veteran's aides and suggested liaising with those staff members to
consolidate the one -stop veteran assistance information to address local, county, state and
federal programs. Each council member expressed their appreciation for the Veteran Working
Group's efforts and for their continued interest in going forward prospectively. Mayor Pro Tern
Sidhu encouraged optimizing existing programs and seeking other methods to offer additional
services.
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS:
William Fitzgerald directed his comments to Item No. 2 on the closed session agenda.
At 4:09 P.M., Council recessed to closed session for consideration of the following items:
CLOSED SESSION:
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of
litigation pursuant Subdivision (c) of Government Code Section 54956.9 (Frontier
Hotel Audit)
2. 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
INVOCATION: Pastor Tony Birge, Victory Baptist Church
FLAG SALUTE: Mayor Pro Tern Harry Sidhu
PRESENTATIONS: Recognizing the First Baby Born at Kaiser Permanente's Anaheim
Medical Center
Marlene Amas - Zermeno, Kaiser Permanente public relations officer, announced that two hours
after the opening of the Anaheim Kaiser Permanente Medical Center, baby Wesley Hay King
was welcomed. Borne at 9:12 a.m. on September 12, 2012, Mrs. Zermeno introduced parents
Pharrin and Ponh King and baby Wesley.
Recognizing the graduates of the Community Emergency Response
Team Training
Mary Jo Flynn, Emergency Management Assistant Director, recognized and introduced the
most recent graduating class of this volunteer program, remarking it was also the 20
anniversary of this program which educated citizens and business people about the hazards to
be faced in their community should a disaster occur and trained them in life- saving skills.
Council Minutes of October 23, 2012
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ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Proclaiming November 2012, as Pancreatic Cancer Awareness Month
Jennifer Luna and Tracy Patterson, representatives from the Pancreatic non - profit organization
thanked the city for recognizing Pancreatic Cancer Awareness Month and bringing this deadly
disease to the attention of the community. She announced a fundraiser to be held on
November 10 in the city of Irvine to support research efforts.
Proclaiming October 21 - 27, 2012, as Childhood Lead Poisoning
Prevention Week
Dr. Helene Calvet, Orange County Deputy Health officer, discussed the impacts of lead
poisoning in young children, remarking that Anaheim had the second highest rate of elevated
blood lead levels in children in the county and was a significant health problem in the city. She
urged everyone to become educated regarding remedies, testing and prevention through tips
available on the county's website, www.ochealth.com /lead
Proclaiming October 21 -27, 2012, as National Friends of the Library
Week
Helen Carter announced the Friends of the Anaheim Public Library was established in 1965 and
during that 47 -year time period, this volunteer group had raised over $1 million for the city's
libraries, underwriting programs and supplementing library equipment and stock.
Cynthia Hicks, Friends of the Canyon Library founded 30 years ago, discussed the
entertainment, educational and cultural programs that were funded through this organization
along with supplemental materials to add to the Canyon Library collection.
Proclaiming November 12 -18, 2012, as Global Entrepreneurship Week
Proclaiming November 1, 2012, as Extra Mile Day
Recognizing the League of United Latin American Citizens 2012 Orange
County Hispanic Women of the Year
At 5:25 P.M., Mayor Tait called to order the Anaheim Housing Authority and Anaheim Public
Financing Authority (in joint session with the Anaheim City Council).
ADDITIONS /DELETIONS TO THE AGENDAS: Staff requested Item No. 18 be withdrawn from
this agenda.
PUBLIC COMMENTS (all agenda items):
Assemblyman Curt Hagman announced that with the state redistricting, he would no longer be
representing the Anaheim Hills area and had taken this opportunity to express his appreciation
to the residents and the City for their support.
James Robert Reade, resident, discussed gang activity, parent responsibilities, and the need to
reverse gang indoctrination mentality in Anaheim's youth.
Council Minutes of October 23, 2012
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Several young women, friends of Jazmin Munoz and Karla Serrano, spoke about their friend's
tragic deaths by suicide and how their lives had been affected. Seeking an understanding of
why these events had occurred, the young women came together and developed a plan to
prevent further tragedies and to address issues in young Latino women before they reached a
point of no return. They were considering establishing a LULAC youth counsel to address
issues such as school drop -out rates, teen pregnancy and suicide. Their goals were to continue
to meet at an independent learning center to help each other graduate and to prevent other
similar tragedies from occurring at the Euclid /Lincoln freeway overpass. They requested the
city's assistance in raising the fence in that location to prevent future access. Mrs. Munoz,
(Translated; language — Spanish), urged council to stop others from accessing freeway
overpass bridges and prevent future tragedies from happening to other families.
City Manager Bob Wingenroth, expressed his sympathy to the family and friends of Karla and
Jazmin, adding that the Public Works Department evaluated the Euclid /Lincoln site and would
be able to extend, raise and complete the fence. The design work should be done within the
next week and construction within 60 days. Mayor Pro Tem Sidhu suggested an assessment
be conducted for the remaining bridge overpasses as well. An unidentified speaker thanked the
city on behalf of the students of Anaheim High School and the Independent Learning Center,
remarking the City's actions had given them hope and further reason to continue with their own
lives. Mayor Tait thanked the students for getting involved and making a real difference through
their involvement. Council Member Galloway added this was a great example of how to engage
city government and no greater action could have been taken to honor their friends.
John Dunn, resident, discussed the success of the Coming Together event held at La Palma
Park last Saturday thanking the many community groups, non - profit organizations and city staff
for putting on such a memorable event.
William Fitzgerald, Anaheim Home, urged the community to boycott the Fall Festival and
Halloween Parade, making allegations about the organizers.
ET Snell, community activist, addressed Anaheim police officer involved shootings, asking for a
progress report on the investigations and assurances that some action would be taken.
Brian Curtis Brook had submitted a letter addressing Item No. 14 on the agenda for council's
information. He announced there was new technology regarding the magnetic levitation
monorail, with a self - propelled generator on board and supplemental solar power, asking the
city to reconsider it before selecting streetcars as the locally preferred alternative for the
Anaheim Rapid Connection project.
Dorothy Rose, Orange County Symphony, announced the Sunday symphony was geared to
Halloween music and children in costume were invited to attend free with their families, to enjoy
the music and festivities.
Manuel Hernandez, OCCUPY, remarked the Anaheim officer - involved shootings were
unjustified and called for city leaders to step down from their positions.
Several unidentified young children spoke out against wild animal acts in circuses stating the
animals were kept in captivity, away from their habitats and families, and abused by their
trainers. They supported banning this type of entertainment in Anaheim.
Council Minutes of October 23, 2012
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Bob Linden, Go Vegan Radio, addressed wild animal abuse by Ringling Bros. Circus, remarking
he had been wrongfully arrested in Anaheim for protesting against Ringling Bros. and urged the
city to join other cities and countries that banned circuses from performing because of the
abuses those animals suffered in the name of entertainment.
Donna Acevedo, mother of Joel Acevedo, offered comments on the death of her son and the
community's concerns over the lack of accountability for those officers.
Jason Gonzales, brother of Joel Acevedo, talked of his distrust and fear of the police,
disheartened that nothing had been done about his brother's death and no one really seemed to
care.
Theresa Smith, addressing her comments to the Coming Together event, thanked everyone
involved for giving her and the community a day of love, with entertainment, food, and children's
activities for all that attended.
Mayor Tait requested Mr. Reade exit the council chambers.
Genevieve Huizar, mother of Manuel Diaz, remarked that many Latino youths were fearful of
police, often feeling defeated and hopeless and for those reasons became involved in gangs
unable to stop the cycle of destruction.
Concepcion Rodriguez expressed her appreciation to council and staff for their help to the
community.
Jane Jones, Rancho Del Rio Stables, thanked council for the long -term lease for their
equestrian center explaining the various after school programs and camps available to the
community. Mr. Jones added his appreciation as well.
CONSENT CALENDAR: Council Member Eastman removed Item No. 14 from the consent
calendar for further discussion and Council Member Murray pulled Item Nos. 15 and 29 and
requested that in deference to public officials present to speak on those items, they be heard
first. Mayor Tait announced there was a potential conflict of interest on Item No. 30, as his firm
had worked for LNR and he would therefore record an abstention. Mayor Pro Tern 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 Murray. Roll Call Vote: Ayes
— 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0.
Motion Carried.
B105 7. Receive and file minutes of the Public Utilities Board meeting of August 22, 2012 and the
Library Board meeting of September 10, 2012.
8. Adopt the recommendations of the Anaheim Veterans Working Group and authorize the
D116 City Manager to implement the recommendations accordingly.
9. Approve the response to the Orange County Grand Jury report titled, `Transparency
Breaking Up Compensation Fog - But Why Hide Pension Costs ?' and authorize the
0144.6 Mayor to execute a letter and forward the response to the Presiding Judge of the Orange
County Court and the Orange County Grand Jury.
D117 10. Approve the Investment Portfolio Report for September 2012.
Council Minutes of October 23, 2012
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D128 11. Approve carryover expenditure appropriations from fiscal year 2011/12 to fiscal year
2012/13 for projects previously approved by the City Council but not yet completed.
12. Award the contract to the lowest responsible bidder, Vasilj, Inc., in the amount of
$1,013,509.50, for the Citywide Sanitary Sewer System Repair and Rehabilitation
AGR -7361 Program Phase 3, Group 2 (Central Anaheim) and authorize the Finance Director to
execute the Escrow Agreement pertaining to contract retentions.
13. Award the contract to Group Delta Consultants, Inc., in the amount of $1,644,496.60, to
AGR -7362 provide testing and inspection services for the construction of the Anaheim Regional
Transportation Intermodal Center and authorize the Director of Public Works to execute
all documents related to the implementation of the contract.
16. Approve a Long Term Maintenance Agreement for Shared Public Street Improvements
with the City of Placentia establishing the rights and obligations of each City relating to
AGR -7364 the operations and maintenance of the improvements lying within the jurisdictional
boundaries of each City and within the Burlington Northern Santa Fe Railway railroad
rights -of -way where the improvements are constructed.
17. Approve a Lease Agreement with Growth Opportunities Through Athletics, Learning &
Service, Inc., to develop a new Community Sports Complex Site at the City owned
AGR - 6828.1 property located at 1160 N. Homer Street for the purpose of conducting sports and
social programs for underprivileged area youth.
18. Choose not to exercise the automatic five -year renewal option for the agreement with At-
Your- Service- Hospitality, Inc., and authorize staff to initiate a request for proposal for the
food and beverage concessionaire agreement at Anaheim Hills Golf Course.
Item 18 withdrawn from the agenda at the request of staff.
19. Approve an Amended and Restated North Net Joint Powers Training Agreement
AGR- 2466.A between the Cities of Anaheim, Orange and Garden Grove to lease and operate a joint
training center.
20. Accept funding, in the amount of $1,405,160, from Caltrans for the Safe Routes to
School Grant for the construction of a bike trail along Edison Right -of -Way, a sidewalk
D175 on Ball Road, and a sidewalk on La Palma Avenue, authorize the Director of Public
Works, or her designee, to execute all required grant documents and administer the
grants on behalf of the City, and increase the Public Works' fiscal year 2012/13 revenue
and expenditure budget accordingly.
21. Approve and authorize the Executive Director of Convention, Sports & Entertainment to
execute the First Amendment to the Concessions Agreement with Aramark Sports and
AGR- 4964.C.1 Entertainment Services, LLC extending the exclusive right to provide food and beverage
service at the Anaheim Convention Center for an additional three years.
22. Approve and authorize the City Manager to execute the Workforce Investment Act
AGR- 3989.G Vendor Agreement with E. Cubics, LLC dba Qbics Career College, in the maximum
amount of $25,000, to provide on -site job training for individuals receiving services
through the Anaheim One -Stop Center.
23. RESOLUTION NO. 2012 -126 A RESOLUTION OF THE CITY COUNCIL OF
8100 THE CITY OF ANAHEIM authorizing the destruction of certain City records more than
two years old (Office of the City Treasurer).
Council Minutes of October 23, 2012
Page 8 of 13
24. RESOLUTION NO. 2012 -127 A RESOLUTION OF THE CITY COUNCIL OF
R100 THE CITY OF ANAHEIM authorizing the destruction of certain City records more than
two years old (Public Utilities Department).
25. RESOLUTION NO. 2012 -128 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the Fire Chief or his designee to submit a grant
application on behalf of the City of Anaheim to Federal Emergency Management
8100 Agency, and if awarded, authorizing the acceptance of such grant on behalf of the City
nd amending the budget accordingly (2012 Community Resilience Innovation Challenge
Grant).
26. RESOLUTION NO. 2012 -129 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the Chief of Police or his designee to participate in
R100 the U.S. Department of Justice Assistance Grant (JAG) Program, in conjunction with the
County of Orange, 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 the fiscal year 2012 -2013 accordingly.
27. RESOLUTION NO. 2012 -130 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the sale of certain city owned properties located at
1792 South Carnelian Street and 1793 South Carnelian Street and 1792 South Camrose
8100 Street and 1793 South Camrose Street (APNS 129 - 395 -07, 129 - 393 -28, 129 - 393 -15,
129 - 393 -14).
28. RESOLUTION NO. 2012 -131 A RESOLUTION OF THE CITY COUNCIL OF
R100 THE CITY OF ANAHEIM establishing the dates and time for regular meetings of the City
Council for the 2013 calendar year.
30. ORDINANCE NO. 6257 (ADOPTION) AN ORDINANCE OF THE CITY OF
AGR- 5026.A ANAHEIM approving Amended and Restated Development Agreement Development
Agreement No. 2006- 00002B) by and between the City of Anaheim and LNR Platinum
Stadium, LLC; making certain findings related thereto; and authorizing the Mayor to
(Introduced at the Council Meeting of October 9, 2012, Item No. 18).
END OF CONSENT:
29. ORDINANCE NO. 6256 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding Sections 7.60.010 through 7.60.040, inclusive, of Chapter 7.60 of Title
7 of the Anaheim Municipal Code relating to child safety zones (Introduced at the
M142 Council Meeting of October 9, 2012, Item No. 16).
District Attorney Tony Rackauckas stated he was present to support council as they considered
the proposed ordinance addressing child safety zones in Anaheim.
An unidentified speaker emphasized this legislation was important for the safety of children in
parks and should it be legally challenged, it would be up to the appellate courts to make a
decision.
Duane Roberts, resident, stated that similar ordinances had been challenged in the past and
while he understood the concerns about keeping children safe, he felt this ordinance could be
successfully challenged in federal courts and the city would expend needed funds in trying to
defend it.
Council Minutes of October 23, 2012
Page 9 of 13
Frank Lindsey, California Sex Offender Law Reform group, stated he had provided information
to the Police Chief on Germany's successful program to stop child abuse, and urged the city to
reconsider this legislation and consider Germany's program in its place.
Linda Cordero opposed this legislation, remarking it was damaging to those individuals on the
sex offender registry who had served their time and were being zoned out of parks and beaches
in Orange County.
Janis Bellucci, California Sex Offender Law Reform group, remarked the proposed legislation
was unconstitutional and preempted state law and as currently written would be challenged
legally. She urged council to consider carefully before making their decision.
Concepcion Rodriguez, resident, opposed the legislation, stating the sex offender registry did
not remove names from the registry even if offenders had been leading a productive life for
some time or for those who had been falsely accused.
Senator Lou Correa remarked that while there might be constitutional issues related to this
legislation, one of government's most important jobs was to protect children, and was the
reason he felt compelled to speak up in support of this ordinance.
Erin Runnion, Joyful Child Foundation in memory of her daughter Samantha, thanked council
for their diligence and careful consideration of the safety zone ordinance remarking it was a
continuation of state law and provided law enforcement with a vehicle to remove known sex
offenders in parks.
With no other remarks offered by the public, Mayor Tait called for council comments.
Council Member Murray remarked she felt it was critical for Anaheim to approve this ordinance
as so many other cities across the county had adopted similar legislation and she did not want
Anaheim to be the sole city without this protection in place. She then moved to adopt
ORDINANCE NO. 6256 AN ORDINANCE OF THE CITY OF ANAHEIM adding Sections
7.60. 010 through 7.60.040, inclusive, of Chapter 7.60 of Title 7 of the Anaheim Municipal Code
relating to child safety zones, seconded by Mayor Pro Tem Sidhu.
Council Eastman asked Mr. Wingenroth if there was a plan in place to address exemptions to
this law. The City Manager indicated that in a discussion with Chief John Welters, a broad
administrative process could be provided which would consider a number of factors to provide
the Chief of Police with information and counsel to make a decision for exception when
appropriate. Council Member Galloway remarked she had no hesitation in supporting this
legislation and in having an exemption process in place on a case -by -case basis.
Council Member Murray reaffirmed this proposed ordinance allowed a waiver at the discretion of
the Chief of Police and staff assured they would review specific cases that seemed to be
exceptions to the rule on behalf of residents. Roll call vote: Ayes — 5: (Mayor Tait and Council
Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried.
14. Select the Streetcar Alternative as the Locally Preferred Alternative for the Anaheim
Rapid Connection (ARC) Fixed - Guideway project for further study as part of the
D175 California and Federal environmental review process, accept the funds allocated by the
Anaheim Tourism Improvement District Transportation Committee for the ARC project
and increase the Department of Public Works' fiscal year 2012/13 expenditure
Council Minutes of October 23, 2012
Page 10 of 13
appropriation by $800,000 (Continued from Council Meeting of October 9, 2012, Item
No. 04).
Council Member Eastman remarked an earlier speaker pointed to a new type of monorail
technology now available and since a monorail was originally envisioned for the ARC project,
she wanted to make sure staff had fully studied this option before considering the streetcar
alternative. Natalie Meeks, Public Works Director, responded the monorail option which was
embraced by staff as complementary to Anaheim's lifestyle was studied in detail and was an
option that offered a number of advantages as it took up less public space and was safer to
operate. The cost of the project, she emphasized, especially in California, was significant; there
were safety requirements for a continuous walkway along the entire track and bi- directional
tracks were needed, unlike the single Disneyland monorail track, in order to serve both
directions and carry the capacity needed. The vertical movement, in addition, would require
ADA accommodations in California; i.e., elevators and escalators. It was these ancillary
requirements, she added, which made the cost prohibitive.
Council Member Murray remarked her background as a transportation official afforded her an
understanding of the type of funding programs the City would be seeking to match, and this
option had the best chance of competing nationally as the Federal New Starts funding sought
tried and tested technology before making their funding commitments and street cars were
internationally and nationally proven to be successful, reliable and more efficient to run. She
appreciated the amount of work that had gone into this project up to this point and felt this was
the right solution for the community and moved to approve Item No. 14 as presented.
Mayor Tait remarked the full funding for this $318 million project had not been fully identified
and he was concerned that the $32 million staff hoped would come from future grants or
subsidies could ultimately have to come from the General Fund. A larger concern was the gap
between the annual operation and maintenance cost (O &M) estimated at $4.5 million per year
for the streetcar alternative and $10 million annually for the monorail option. He asked for a
detailed breakdown of the two O &M costs as he did not feel there should be such a gap
between an unmanned monorail system and a manned streetcar stating those annual on -going
costs should be clearly delineated before choosing a locally preferred alternative. He believed
the streetcar option had merit to pursue but he moved to continue this item to allow for council
to review a detailed description of O &M costs, seconded by Council Member Galloway who also
believed that not enough research was spent on the "at grade" maglev powering system and its
O &M costs. Ms. Meeks replied the recommendation for a streetcar alternative did not identify a
specific technology for the street car and staff would be looking at all types of powering sources
including the maglev system. Mayor Pro Tern Sidhu indicated that his previous questions had
been answered by staff but he wanted to ensure that no general funds were used for this
project, asking how that assurance could be made. Ms. Meeks indicated council's action would
select the locally preferred alternative and staff would then move forward with an application for
New Starts funding including a detailed financial and funding package. Staff would return to
council with the complete application prior to submitting it to FTA, including the operation and
maintenance detail. Mayor Tait remarked before he could approve this alternative, he would
need details on the O &M cost between the monorail and street car alternative, the capital cost
detail and how the $32 million would be funded as well as a traffic study to ensure the
alternative would improve traffic circulation or at the very least, not make the situation worse.
Also, he added, there were some issues of concern in the possible combining of another project
in Santa Ana he would like to have answered. Ms. Meeks responded approval of Item No. 14
would allow staff to move forward with all those studies, the financial plan, the traffic study, the
Council Minutes of October 23, 2012
Page 11 of 13
environmental documentation, all of the impacts on a single alternative which would not commit
to construction of the project.
Roll Call Vote for Mayor Tait's request to continue this matter, seconded by Council Member
Galloway. Ayes — 2: (Mayor Tait and Council Member Galloway). Noes — 3: (Mayor Pro Tem
Sidhu and Council Members Eastman and Murray). Motion Failed.
Council Member Murray moved to approve Item No. 14, emphasizing that a detailed financial
plan would be made available as well as answers to the questions posed by Mayor Tait and that
no funding would come from the General Fund for the operation of this project, seconded by
Council Member Eastman. Council Member Galloway reaffirmed the at grade maglev
technology would be reviewed in conjunction with various powering technologies along with a
comparison of the differences between O &M costs of the powering systems.
Roll Call Vote: Ayes — 3: Mayor Pro Tem Sidhu and Council Members Eastman and Murray.
Noes — 2: Mayor Tait and Council Member Galloway. Motion passed.
15. Approve the Memorandum of Understanding with California High -Speed Rail Authority,
Southern California Association of Governments, Los Angeles County Metropolitan
AGR -7363 Transportation Authority, Orange County Transportation Authority, Riverside County
Transportation Commission, San Diego Association of Governments, San Bernardino
Associated Governments, and Southern California Regional Rail Authority to outline
goals, roles, and responsibilities to develop plans and projects for the early
Implementation efforts and advance investment opportunities related to the California
High Speed Rail Authority's blended approach to implementing the California High
Speed Rail Project.
Natalie Meeks, Public Works Director, reported the California High Speed Rail Authority
(CHSRA) outlined in their 2012 Business Plan included their intention to use a blended
approach to implement high speed rail in California. The blended approach, she explained,
would make advanced investments in regional and local rail aid to leverage existing
infrastructure and benefit travelers through greater interconnectivity. Projects in the
Anaheim /Los Angeles /Palmdale segment were allocated $500 million of that funding to be used
by agencies through a Memorandum of Understanding (MOU) with CHSPRA. Orange County,
she reported, had only three projects eligible for the early funding through Proposition 1A and all
of those projects were within the city of Anaheim, the railroad grade separations at State
College Boulevard, Orangethorpe Avenue and Ball Road. Of these three projects, the State
College Boulevard Grade Separation Project had been identified as the priority project along the
LOSAN Rail Corridor ranked the second highest priority of all 51 grade crossings on the
corridor. Ms. Meeks stated the CHSRA early investment funding provided a mechanism for
development of a full funding plan for the State College Boulevard grade separation project,
approved by Orange County Transportation Authority (OCTA) this October which included $46
million of this early investment funding. She indicated staff from both Anaheim and OCTA were
working together to advance conceptual plans and develop and expedite a delivery schedule to
successfully position the State College Project for this funding and approval of the MOU would
help insure the State College Boulevard Grade Separation project would have a full funding
package.
Tom Umberg, California High Speed Rail Authority, congratulated Anaheim on its vision and
leadership remarking the ARTIC project when completed, would be a gift to the region. He
stated Proposition 1A, passed by the voters in 2008 supported high speed rail in the state and
construction was expected to begin next year in the central valley. He added that this new
Council Minutes of October 23, 2012
Page 12 of 13
business plan provided not just for construction but for improvements within the state to
expedite transportation relief, $500 million of which was earmarked for Southern California.
Currently, he reported, the State Senate approved $2.78 billion for construction, the federal
government committed $3.3 billion, $119 million was allocated for state rail modernization and
$1.1 billion for early investments. In the next 20 years, Mr. Umberg stated, California's
population would be about 50 million and high speed rail in terms of environment, cost, and
efficiency was the best way to address significant transportation challenges for the state.
Senator Lou Correa spoke in support of high speed rail to address transportation and
infrastructure needs in the state. He indicated the original plans for high speed or rapid rail
were not envisioned to go any further south than Los Angeles, but he had worked to ensure
Orange County taxpayers got their fair share by extending that rail into Orange County. Part of
the agreement reached was that Orange County would get their fair share of funding and
improve the rail transportation system through and past the city of Anaheim southward. He
added this was not rail versus freeway, as both systems were necessary and would
complement each other. This action before council would begin the first phase of moving
toward the future and he recommended support for this agreement.
Council Member Murray thanked Thomas Umberg, Will Kempton, OCTA, and Senator Lou
Correa for supporting this project. She added that SCAG just completed their 2012 Regional
Transportation Plan, identifying billions of dollars in unfunded needs for bridges, highways,
roads, commuter rail and high speed rail and this project was important to California's long -term
transportation network and economy. She supported the Memorandum of Understanding with
California High Speed Rail as this partnership would insure funding was allocated to critical
transportation relief projects and Anaheim /Orange County would be eligible for those funds to
move 26 million annual visitors in addition to a population of 350,000, all of which were
anticipated to grow in the future. She recognized the commitment CHSRA made to Anaheim
thanked the CHSRA board for amending their business plan to insure Anaheim remained as
part of the one -seat as far as origin and destination of this project in Phase 1. She added
funding for State College grade separation project was an opportunity to see that early
investment from High Speed Rail into the local community and then moved to approve Item No.
15, seconded by Council Member Eastman.
Mayor Tait remarked in reading through the details of the Memorandum of Understanding
providing for the early investment, the language required the City to support high speed rail now
and in the future and while he could see the benefits of a link between Anaheim and San
Francisco, he would need a clearer understanding of where the funding for this $70 million
project would come from before he would support it. He also confirmed with staff that OCTA
was chosen not to be a partner to this MOU. He also expressed concern that a state tax
increase or a cap and trade tax would be used to provide funding. Council Member Galloway
remarked the only way California could advance in terms of transportation and mobility and not
remain behind was to take this step and move forward and she would support it. Mayor Pro
Tern Sidhu remarked he saw this action as funding for a grade separation project in Anaheim
that would directly benefit Anaheim's transportation needs and would also support this item.
Roll Call Vote: Ayes — 4: (Mayor Pro Tern Sidhu and Council Members: Eastman, Galloway,
and Murray.) Noes — 1: Mayor Tait. Motion Approved.
REPORT ON CLOSED SESSION ACTIONS: None
COUNCIL COMMUNICATIONS:
Council Minutes of October 23, 2012
Page 13 of 13
Council Member Eastman encouraged residents to participate and attend the Citizen Advisory
Committee meetings and announced the Annual Fall Festival and Halloween Parade on
October 27th.
Mayor Pro Tern Sidhu thanked staff and members of the Anaheim Veterans Working Group for
their work. He encouraged residents to vote on November 6 congratulated the CERT
graduates, and spoke of his attendance at the Orange County Water District Miraloma
Groundwater Recharge dedication ceremony. He also commended the family and friends of
Jazmin Munoz and Karla Serrano for their courage in coming forward to speak before the
Council and requested the meeting adjourn in their memory.
Council Member Galloway announced the luncheon for the 6th Anniversary of the Anaheim
Family Justice Center to be held on October 31. She also thanked and commended staff for
taking immediate action to address the concerns of the family and friends of Jazmin Munoz and
Karla Serrano.
Council Member Murray acknowledged Council Member Galloway for her longtime leadership
with the Anaheim Family Justice Center and for speaking with the family and friends of Jazmin
Munoz and encouraging them to address the City Council with their concerns and solutions,
thanking staff as well, for responding so quickly to the family's concerns. Council Member
Murray requested a City policy placing residency requirements on appointments to Regional
Boards to be placed on the November 13 agenda and further requested an ad hoc council
committee be created with Council Member Murray and Eastman to provide oversight, guidance
and support to the City Manager in the negotiations with Angels Baseball owner, Arte Moreno.
Mayor Tait announced the Annual Fall Festival and Halloween Parade on October 27
encouraging all to attend and spoke of the success of the Come Together Community Fair,
thanking all who had participated. He reported his attendance at a meeting in San Diego
regarding Citizen Review Commissions.
ADJOURNMENT:
At 8:19 P.M., the meeting was adjourned in memory of Jazmin Munoz and Karla Serrano.
Re ec Ily submitted,
Linda Linda N. Andal, CMC
City Clerk