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2010/09/28ANAHEIM CITY COUNCIL REGULAR ADJOURNED MEETING OF SEPTEMBER 28, 2010 The regular City Council session of September 28, 2010 was called to order at 3:00 P.M. and adjourned to 4:00 P.M. for lack of a quorum. The September 28, 2010 regular adjourned Council meeting was called to order at 4:08 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on September 24, 2010 on the kiosk outside City Hall. PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez, Lucille Kring and Harry Sidhu. STAFF PRESENT: City Manager Tom Wood, City Attorney Cristina Talley, and City Clerk Linda Andal WORKSHOP — My Anaheim iPhone Application: Before briefing Council on the newly developed My Anaheim iPhone application, Deputy City Manager /Administration, Greg Garcia recapped the City's technology initiatives already established to make it easier for residents to connect to City Hall. Anaheim's on -line access was improved with redesigned web pages and an increase to the number of on -line services available. Anaheim Anytime, launched in 2006, allowed residents to submit service requests such as business license renewals, promotional banner permits, parking ticket payments, library fees, utility payments and general service payments, available 24 hours a day, 7 days a week. To date, he announced, over 40,000 requests had been made and Anaheim Anytime was now averaging 2,000 requests per month. The Anaheim 311 call center, established in July 2007, had received over 70,000 calls to date, a significant number due in part to the ease in connecting to a representative to either answer a question immediately or to place a service request on the caller's behalf. Graffiti removal was the top service request on Anaheim Anytime, and code enforcement and tree trimming ranked highest on the 311 call center side. Since mobile phone application (App) service was fairly new, Mr. Garcia reported that few cities offered them and the applications that were offered were limited in scope. Usually a three step process was presented; click on a photo, describe the problem and then send in the complaint or request to the agency. New York, Boston and Pittsburgh had been providing this type of limited service for approximately one year. Portland, Santa Monica, San Jose, Riverside and Beverly Hills had similar mobile apps available. With that information in mind, staff worked with a focus group of Anaheim residents, individuals that used the Anaheim Anytime and Anaheim.net system and high -tech phone savvy persons to talk through some of the goals proposed for Anaheim's mobile application. The objective was to offer a more intuitive guide such as giving residents the ability to provide feedback or ask basic questions, a calendar of City events, a better mapping feature for users looking for City information, an easy link to 311 and the ability to expand for future applications. Mr. Garcia announced that today, he was providing Council with Version 1, named My Anaheim, reflecting an uncomplicated way of connecting to the City. At the touch of a button, he stated, the user could request City services, similar to Anaheim Anytime, send a comment or question, look at a calendar of events happening in the City, and access City information similar to a FAQ type of function in which common city questions /answers were available. The app would also store a history of the users' previous service requests and map them out as well. The 311 call button immediately connected the user to the 311 call center. The "city services" request Council Meeting Minutes of September 28, 2010 Page 2 of 12 allowed the user to pick the request type, identify a location by typing it in, using the GPS function or going to the map site and moving the pin around the map to the correct location. For graffiti requests, he added, the surface type could be chosen and an optional photo submitted. Basic information such as name, phone number and email address would be requested in order to receive a response or a user could remain anonymous. Mr. Garcia remarked it was a goal of the calendar of events component to build on what was available on the City's website and all big events such as The Grove, Honda Center, Duck's games, and any City related functions would be shown. By clicking on any of the events highlighted, a brief synopsis, location, contact information and description would be provided. He added City Information was a unique component of this app with basic city information such as street sweeping and trash pickup as well as information on community centers, fire stations, and police stations offered. Mr. Garcia ended his presentation stating the My Anaheim iPhone application was now available, for free, to be downloaded on the (Tune site and was currently for the (Phone only. Staff would be developing a version for other smart phones such as the Droid in the future. He indicated this information would be posted on the City's website, to walk the user through the services to be provided and a link to the iTune store where it could be downloaded, for free. Mayor Pringle was enthusiastic with the development of an Anaheim App remarking that last year, the Anaheim Apps Challenge saw over 800 submittals and the My Anaheim mobile application covered many of the ideas submitted in the Challenge. Council Member Kring asked if there would ever be a charge associated with the application especially as it appeared there was a great deal of effort to input the information. Mr. Garcia responded that much of the information was already available from the Anaheim Anytime program and this application did not duplicate efforts and he did not foresee a need to charge for this service. He added staff was beginning to integrate with the current CRM system available through Anaheim Anytime which made for a more efficient program. ADDITIONS /DELETIONS TO CLOSED SESSI None PUBLIC COMMENTS ON CLOSED SESSION: James Robert Reade urged Council to consider denying Item No. 13 which provided for over $150,000 in consulting services going to the City of Santa Ana relative to gang reduction, intervention and prevention program. He felt those funds could be better used in the Sycamore area of Anaheim where gang intimidation and recruitment was on- going. Alma Ramirez concurred with the previous speaker and opposed funds going to the City of Santa Ana. At 4:31 P.M., Council recessed to closed session for the following items. The Agency and Housing Authority were also called to order for a closed session matter. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION (Subdivision (c) of Section 54956.9 of the Government Code) One matter: Patrick Mahoney - 191 S. Cobblestone Lane Council Meeting Minutes of September 28, 2010 Page 3 of 12 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: City of Anaheim v. HPT -IHG -2 Properties Trust; Orange County Superior Court Case No. 30- 2009 - 00125412 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 915 East Orangewood Avenue and 2121 South Manchester Avenue Anaheim Housing Authority /Redevelopment Agency Negotiators: Elisa Stipkovich Negotiating Parties: Anaheim Housing Authority, Anaheim Redevelopment Agency, Orangewood Vistas and Manchester Park Under Negotiation: Price and terms At 5:40 P.M. Council session was reconvened and the Anaheim Housing Authority and Redevelopment Agency were adjourned. Invocation: Pastor Don Roe, Anaheim United Methodist Church Flag Salute: Western High School JROTC Color Guard Acceptance of Other Recognitions (To be presented at a later date). Proclaiming October 3 - 9, 2010, as Fire Prevention Week Jeff Lutz, Fire Marshall, thanked Council for recognizing Fire Prevention Week and announced open house for residents and businesses at certain Anaheim Fire Stations in which information on fire prevention would be available. Proclaiming October 2010, as Dyslexia Awareness Month Proclaiming October 24 - 30, 2010, as Childhood Lead Poisoning Prevention Week Dr. Nancy Bowing, Orange County Health Agency, stated lead poisoning was the most preventable environmental disease in children and in Anaheim, there had been 15 cases reported due to renovation of homes, potteries, imported candles and certain home remedies. She thanked Council for bringing awareness to this problem. Proclaiming October 17 - 23, 2010, as National Save for Retirement Week Walt Jerz, Anaheim Benefits Administrator, thanked Council for recognizing the need to encourage employees to be better prepared for retirement and outlined a series of events schedule for October in conjunction with National Save for Retirement Week ADDITIONS /DELETIONS TO THE AGENDA: The staff report for Item No. 13 was corrected to reflect Council waiving Council Policy 4.1 which related to the selection of professional consultants rather than Policy 4.0. PUBLIC COMMENTS (all agenda items except public hearings): Council Meeting Minutes of September 28, 2010 Page 4 of 12 James Robert Reade addressed comments regarding gang activities in the city. Dennis Montgomery, D &M Painting, explained that he had been hired by Great West Contractors to paint and wallpaper the Anaheim West Tower. He stated Great West owed them $200,000 and when a stop notice was filed, Great West Contractors threatened to charge fees and damages and he wanted Council to be aware of this issue. Mayor Pringle requested Mr. Montgomery speak to staff and a full report to be subsequently provided to Council. Alma Ramirez addressed impacts of illegal immigrants in the City. CONSENT CALENDAR: Council Member Galloway removed Item No. 18 for further discussion. Council Member Kring moved to waive reading in full of all ordinances and resolutions and to adopt the balance of consent calendar in accordance with the reports, certifications and recommendations furnished each council member and as listed on the balance of the consent calendar, seconded by Council Member Sidhu. Roll Call Vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0. Motion Carried B105 1. Receive and file minutes of the Parks and Recreation Commission meeting of July 28, 2010 and Library Board meeting of August 9, 2010. D117 2. Approve the Investment Portfolio Report for August 2010. 3. Approve the benefits package and appointment of Bob Wingenroth to the position of D154 Finance Director, effective November 17, 2010. After the consent calendar was approved, Mayor Pringle asked the City Manager to introduce newly appointed Finance Director, Bob Wingenroth. City Manager Tom Wood announced that a nationwide recruitment to fill the position of Finance Director had been conducted over the past three months. Bob Wingenroth emerged as the most qualified candidate due to his 30 years experience in local government finance. He served as the Director of Finance for the city of Phoenix responsible for overseeing $2 billion in project financings such as the convention center and hotel, water and wastewater infrastructure and recreation facilities. As Finance Director for Huntington Beach, Mr. Wood pointed out, Bob Wingenroth had focused on managing the city's budget through difficult financial times while preserving services and reserves. He added Bob Wingenroth's appointment would continue the legacy of strong financial leadership in Anaheim. Mr. Wingenroth received Council's congratulations, stating he looked forward to working on Anaheim's future projects. 4. Approve expenditure re- appropriations from fiscal year 2009/10 to fiscal year 2010/11 for D106 projects previously approved by the City Council but not yet completed. 5. Appoint incoming Fire Chief, Randy Bruegman, as Anaheim's alternate board member to D129 the Orange County -City Hazardous Materials Emergency Response Authority Board of Directors. 6. Award the contract to the lowest responsible bidder, Interior Demolition, Inc., in the amount of $1,026,550, for the right -of -way clearing and demolition for Brookhurst Street AG R-6440 from Katella Avenue to Ball Road project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Council Meeting Minutes of September 28, 2010 Page 5 of 12 7. Accept the proposals of and authorize the Purchasing Agent to issue master agreements AG R-6441 to SmartSynch, Inc. and Tantalus, Inc., in a combined total amount not to exceed $6,000,000 over the next five years, subject to available budget appropriations, for automated meter reading equipment, electric meters, associated software, and related support services and authorize the Public Utilities General Manager to execute all software licensing agreements, technical maintenance and support agreements, field test agreement with SmartSynch, and other related documents necessary to implement said master agreements. 8. Approve and authorize the City Manager to execute a professional services agreement with Bureau Veritas, in an amount not to exceed $550,000, for design services for the AGR -6442 Anaheim Canyon Metrolink Pedestrian Improvement project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 9. Approve an agreement with R. J. Noble Company, in the amount of $2,325,741.87, for AGR -6443 asphalt concrete materials and dumping for a one year period with four one -year renewal options and authorize the Purchasing Agent to exercise the renewal options. 10. Approve the Agreement for Acquisition of Real Property with Gustavo and Veronica AG R-444 Mejia, in the acquisition payment amount of $388,000, for property located at 2175 West Lullaby Lane for the Brookhurst Street Widening project from Ball Road to Katella Avenue (R/W ACQ2009- 00362). 11. Approve the Agreement for Acquisition of Real Property with Miguel and Laura Villicana, AG4 -6445 in the acquisition payment amount of $415,000, for property located at 1624 South Brookhurst Street for the Brookhurst Street Widening project from Ball Road to Katella Avenue (R/W ACQ2009- 00350). 12. Approve an Agreement for Acquisition of Real Property Easement and Temporary AGR - 6189.1 Construction Easement with Society Generale Financial Corporation and L -3 Communications Corporation, in the total settlement amount of $726,495 that includes the acquisition of easement, design and building modification of improvements, and the Temporary Construction Easement Deed for property located at 707 East Vermont Avenue (northwest corner of Vermont Avenue and the AT &SF Railroad) for the Rail - Highway Grade Crossing Safety Enhancement project (RN\t ACQ2009- 00339). 13. Waive Council Policy 4.0 and approve an agreement with Community Service Programs, AGR -6446 Inc., in an amount not to exceed $157,432, for consulting services related to the California Gang Reduction, Intervention, and Prevention program. 14. Approve and authorize the Public Utilities General Manager to execute an agreement AGR -6447 with Penn Credit Corporation, and any related documents, in an amount not to exceed $240,000, for collection services related to delinquent closing bills of the Public Utilities Department. 15. Approve and authorize the Public Utilities General Manager to execute the assignment AGR- 4081.0.1 of Software Maintenance Agreement, End User License Agreement, and Technical AGR- 4081.0.2 Support Agreement from Tantalus Systems Corporation to Tantalus Systems, Inc., and to take any actions necessary to implement and administer the agreements. 16. Approve and authorize the Public Utilities General Manager to execute the Account AGR -6448 Holder Registration Agreement, including any amendments to the agreement and Council Meeting Minutes of September 28, 2010 Page 6 of 12 related documents and to take necessary actions to implement such agreement(s) with Western Electricity Coordinating Council (WECC) for the use of the Western Renewable Energy Generation Information System to manage the City's renewable energy certificates, subject to certain terms and conditions and authorize the payment of an annual fee and monthly volumetric fees, as annually set by WECC, subject to Council approval. 17. Approve a model license agreement, in its substantial form, and authorize the Public Utilities General Manager to negotiate, execute, take necessary actions to implement, AGR -6550 administer, and make changes that do not substantially change the terms and conditions of the agreement, to be approved by the City Attorney, with wireless telecommunication providers to attach, install, operate, and maintain wireless communication antenna(s) atop the City's street light poles and authorize the Risk Manager to modify insurance and indemnification provisions of the agreements, in the best interest of the City. 19. RESOLUTION NO. 2010 -152 A RESOLUTION OF THE CITY COUNCIL OF P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed No. 11375). 20. RESOLUTION NO. 2010 -153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain P124 real properties or interests therein (City Deed Nos. 11377 and 11378). 21. RESOLUTION NO. 2010 -154 A RESOLUTION OF THE CITY COUNCIL OF R100 THE CITY OF ANAHEIM authorizing the Director of Public Works to apply for Measure M2 Project S (Transit Extensions to Metrolink) funding under Orange County Transportation Authority. 22. RESOLUTION NO. 2010 -155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM imposing regulations and restrictions upon Citron Lane M142 between Romneya Drive and Ralston Street, relating to parking vehicles on public streets pursuant to Section 14.32.161 of Chapter 14.32 of Title 14 of the Anaheim Municipal Code. 23. Approve minutes of the Council meeting of September 14, 2010. END OF CONSENT CALENDAR 18. RESOLUTION NO. 2010 -156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending certain personnel rules covering management, D154 confidential and non - represented part time employees. RESOLUTION NO. 2010 -157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending management pay policies for executive, administrative, middle management, supervisory and professional employees. Council Member Galloway requested clarification on the proposed changes to the personnel rules. City Manager Tom Wood explained new employees recently hired into the City Attorney's office were tenured executives, however, their classification did not allow them to accrue sick leave and vacation at a higher accrual rate, similar to what they would have accrued had they been with the City for 20 years or more. This amendment, he stated, would provide that benefit Council Meeting Minutes of September 28, 2010 Page 7 of 12 to these qualified litigators as was given to other tenured management employees hired by the City of Anaheim. Council Member Galloway moved to approve RESOLUTION NO. 2010 -157 OF THE CITY OF ANAHEIM amending certain personnel rules covering management, confidential and non - represented part time employees and to approve RESOLUTION NO. 2010 -157 OF THE CITY OF ANAHEIM amending management pay policies for executive, administrative, middle management, supervisory and professional employees; seconded by Council Member Hernandez. Roll Call Vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0. Motion Carried. 24. Consider making two appointments to complete the unexpired terms on the Sister City Commission, term ending June 30, 2011 (Kim Tulleners) and June 30, 2013 (Randy B105 Amiri) (continued from Council meeting of September 14, 2010, Item No. 35). APPOINTMENT: Lisa Gin (June 30, 2011) (vacancy of Kim Tulleners) Council Member Galloway nominated Lisa Gin to the Sister City Commission and Council Member Kring nominated Becky Arias. With no other nominees offered, a straw vote for Lisa Gin reflected: Ayes — 3: Mayor Pringle and Council Members Galloway and Sidhu. Noes — 0. Abstain - 2: Council Member Hernandez and Kring. The straw vote for Becky Arias reflected: Ayes — 2: Council Member Hernandez and Kring. Noes — 0. Abstain - 3: Mayor Pringle and Council Members Galloway and Sidhu. Ms. Gin was appointed to the Sister City Commission. APPOINTMENT: Virginia Zlaket (June 30, 2013) (vacancy of Randy Amid Council Member Sidhu nominated Regina Zlaket and Council Member Kring nominated Becky Arias. The straw vote for Regina Zlaket reflected Ayes — 3: Mayor Pringle and Council Members Galloway and Sidhu. Noes — 0. Abstain — 2: Council Members Kring and Hernandez. The straw vote for Becky Arias reflected: Ayes — 2: Council Members Hernandez and Kring. Noes — 0. Abstain — 3: Mayor Pringle and Council Members Galloway and Sidhu. Ms. Zlacket was appointed to the Sister City Commission. 25. Consider making two appointments to the Budget, Investment and Technology B105 Commission for terms ending June 30, 2013 (unscheduled vacancy) and June 30, 2014 (new appointment) (continued from Council meeting of September 14, 2010, Item No. 36) APPOINTMENT: Kevin Baker (June 30, 2013) (unscheduled vacancy of Jonathan Dallas) Council Member Hernandez nominated Kevin Baker and Council Member Kring nominated Jerry Conrey. The straw vote for Kevin Baker reflected: Ayes — 3: Mayor Pringle and Council Members Hernandez and Sidhu; Noes — 0. Abstain — 2: Council Members Galloway and Kring. The straw vote for Jerry Conrey reflected: Ayes — 2 : Council Members Galloway and Kring. Noes — 0. Abstain - 3: Mayor Pringle and Council Members Sidhu and Hernandez. Mr. Baker was appointed to the Budget, Investment and Technology Commission. APPOINTMENT: Jerry Conrey (June 30, 2014) (11 th seat) Council Meeting Minutes of September 28, 2010 Page 8 of 12 Council Member Kring nominated Jerry Conrey and Council Member Sidhu nominated Dhira Valodaria. The straw vote for Jerry Conrey reflected: Ayes — 4: Mayor Pringle and Council Members Galloway, Hernandez and Kring. Noes — 0. Abstain — 1: Council Member Sidhu. The straw vote for Dhira Valodaria reflected: Ayes — 1: Council Member Sidhu. Noes — 0. Abstain — 4: Mayor Pringle and Council Members: Galloway, Hernandez and Kring. Mr. Conrey was appointed to the Budget, Investment and Technology Commission. PUBLIC HEARINGS 26. This is a public hearing to consider a resolution relating to permit parking fees and two resolutions and an ordinance relating to permit - eligible parking districts. D175 RESOLUTION NO. 2010 -158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting new permit parking fees (Anaheim Municipal Code Section 14.32.450). RESOLUTION NO. 2010 -159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM renumbering certain permit - eligible parking districts. RESOLUTION NO. 2010 -160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM regarding permit - eligible parking district administration for Convention Center Permit Areas 1 and 2. ORDINANCE NO. 6184 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending various subsections of Section 14.32.450 of Chapter 14.32 of Title 14 of the Anaheim Municipal Code relating to permit parking. Mark Vukojevic, City Engineer, Public Works Department, explained this hearing related to parking permit fees as well as changes to the residential permit parking program. The parking permit program had been established in1980, revamped in 2007 with many changes and the grandfathering of parking districts specifically outlined in the staff report and due for implementation September 2010. He added staff was now proposing additional changes to the program. After meeting with members of the 16 existing parking districts and gathering important feedback, it was clear to staff the cost and ease of issuing permits along with the quantity of guest passes available were most important to the residents. The three departments involved collaborated on the new changes outlined in the resolutions and ordinances and the proposal was to reduce fees to $30 for a two -year permit, increase the number of guest passes to 60 per year and move issuance of permits to the Public Works Department to be offered on line, by mail and over the counter. Several new districts were also proposed to be renamed as well as delaying the grandfathering of past districts to February, 2011. Mayor Pringle opened the public hearing. Alma Ramirez asked for discounts to be considered for military veterans and family as well as private and commercial pilots. With no other comments offered, the hearing was closed. Mayor Pringle thanked staff for working on this challenging issue and coming up with containable costs while offering an affordable solution to neighborhoods with parking impacts. Council Meeting Minutes of September 28, 2010 Page 9 of 12 Council Member Hernandez moved to adopt RESOLUTION NO. 2010 -158 OF THE CITY OF ANAHEIM adopting new permit parking fees (Anaheim Municipal Code Section 14.32.450); and to adopt RESOLUTION NO. 2010 -159 OF THE CITY OF ANAHEIM renumbering certain permit - eligible parking districts; and to adopt RESOLUTION NO. 2010 -160 OF THE CITY OF ANAHEIM regarding permit - eligible parking district administration for Convention Center Permit Areas 1 and 2; and to introduce ORDINANCE NO. 6184 OF THE CITY OF ANAHEIM amending various subsections of Section 14.32.450 of Chapter 14.32 of Title 14 of the Anaheim Municipal Code relating to permit parking; seconded by Council Member Kring. Roll Call Vote: Ayes — 5 — Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0. Motion Carried. 27. ENVIRONMENTAL IMPACT REPORT NO. 2010 -00343 GENERAL PLAN AMENDMENT NO. 2010 -00480 (DEV2010- 00043) C410 OWNER: City of Anaheim, 200 South Anaheim Boulevard, Anaheim, CA 92805 and Orange County Transportation Authority, 550 South Main Street, Orange, CA 92863 APPLICANT: Public Works Department, City of Anaheim, 200 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: The total project area for ARTIC is approximately 19 acres, with the majority of the project area (16 acres) located south of Katella Avenue, east of Douglass Road, north of State Route (SR) 57 and west of the Anaheim City Limits. The proposed reclassification of Douglass Road pertains to that segment located south of Katella Avenue and north of SR 57. The City of Anaheim (the "applicant ") requests certification of an environmental impact report (EIR) analyzing the proposed construction and operation of the Anaheim Regional Transportation Intermodal Center (ARTIC) and an amendment of the General Plan Circulation Element Figure C -1: Planned Roadway Network to reclassify Douglass Road, south of Katella Avenue from a local street to a secondary arterial. Environmental Determination: Environmental Impact Report No. 2010 -00343 has been prepared to evaluate and disclose potential environmental impacts of ARTIC, including but not limited to the proposed reclassification of Douglass Road, in accordance with the provisions of the California Environmental Quality Act (CEQA). ACTION TAKEN BY THE PLANNING COMMISSION: Vote: 5 -0 -1 (Chairman Faessel and Commissioners Karaki, Persaud, Ramirez, Seymour voted yes; Commissioner Agerwal abstained; Commissioner Ament absent) Recommended City Council Certification of Environmental Impact Report No. 2010- 00343 and City Council Approval of General Plan Amendment No. 2010 -00480 (DEV2010- 00043) (Planning Commission meeting of September 13, 2010). RESOLUTION NO. 2010 -161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM certifying Final Environmental Impact Report No. 2010 -00343 and adopting findings of fact and statement of overriding considerations and mitigation monitoring plan for the Anaheim Regional Transportation Intermodal Center (ARTIC). RESOLUTION NO. 2010 -162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving General Plan Amendment No. 2009 -00475 per pertaining to the circulation element. Natalie Meeks, Public Works Director, reported this public hearing was to consider the Environmental Impact Report (EIR) study for the ARTIC project and a general plan amendment (GPA) to reclassify Douglass Road, south of Katella Avenue, from a local street to a secondary Council Meeting Minutes of September 28, 2010 Page 10 of 12 arterial. She added these actions would move the ARTIC project forward and were noteworthy milestones in this process. The Final EIR examined the maximum impacts associated with the development of the ARTIC project and included relocating the existing Anaheim Metrolink /Amtrak station to approximately 1/4 mile east along the existing OCTA railroad right of way on 2.2 acres of City -owned property and 13.6 acres of OCTA property. She noted ARTIC was envisioned to include the intermodal terminal building, an outdoor public plaza drop -off area, passenger access from the existing station's parking lot through a structure called the stadium pavilion, surface parking for the intermodal terminal, rail tracks and platforms, improvements to Douglass Road, a pedestrian bridge over Katella as part of the environmental clearance and a trail access easement adjacent to Santa Ana River Trail. The intermodal terminal was proposed to accommodate a bus transit center, Metrolink /Amtrak concourse, a public hall and waiting area and passenger - oriented retail /restaurants and services. She stated the final design for ARTIC would be subject to the approval of a conditional use permit at a later date. The proposed general plan amendment would reclassify Douglass Road south of Katella from a local street to a secondary arterial and be identified in the Circulation Element as such. Typically, she explained, a secondary arterial was designed as four lane undivided roadways with a right -of -way width of 90 feet. She added the Final EIR and associated traffic study determined that this proposed secondary arterial classification was the appropriate street designation to serve ARTIC, Angele Stadium and the adjacent businesses as long as supplemental turning lanes and wider right -of -way width are implemented at Katella Avenue. Ms. Meeks remarked the EIR process for ARTIC was initiated in February 2010 with the posting of a Notice of Preparation and a public scoping meeting. Written comments received at that meeting and in response to the notice were analyzed in the EIR. The Draft EIR included an executive summary and nine chapters. The Final EIR contained four chapters: Introduction /Summary, Corrections and Additions, Response to Comments, Mitigation Monitoring Plan and a revised draft EIR that showed the corrections and additions in an underlined strikeout format. She provided a more in -depth report on the analyses of impacts contained in the chapters adding that the Final EIR concluded there were no project impacts that could not be mitigated, however certain mitigations required for traffic impacts on state facilities must be implemented by Caltrans as they were outside the City's jurisdiction and required the City to approve a statement of overriding consideration for these impacts. Although the impacts would be overridden, Ms. Meeks indicated the City would work with Caltrans to develop a study to determine the City's fair share contribution toward the implementation of the required traffic improvements. On July 19, the draft EIR was distributed for a 45 day public review period which ended on September 3r and during this review period, the City received 29 comment letters, four of which came in after the public comment period. Eight letters required clarification or responses and the only letter that required additional mitigation for the project was related to water quality impacts. She indicated staff recommended this mitigation be included as part of the final EIR. Kleinfelder, the project's environmental consultant, with the assistance of City staff, prepared draft responses to all comments received during the public review period and the final response to comments document was made available on Friday, September 17, 10 days prior to this council meeting. She ended her presentation stating staff believed the Draft EIR was prepared in accordance with CEQA , that the requested GPA was consistent with the Circulation element goals and Council Meeting Minutes of September 28, 2010 Page 11 of 12 polices and that the proposed reclassification would provide an adequate level of service for existing and future development and recommended Council's approval. Mayor Pringle opened the public hearing. Jim Adams, LA/OC Building and Construction Trade Council submitted a letter of support for this project. He emphasized that the Trade Council had 40 percent unemployed workers and looked forward to the jobs this project would create. Mr. Christopher H. offered Caltrans support for this project stating it would provide a crucial regional modal transportation system and increase available travel options for commuters, tourists and recreational travelers. In addition it would enhance linkages to Metrolink, Amtrak, future high speed rail, and OCTA transit services. Alma Ramirez hoped the ARTIC project exceeded current safety standards. Todd Ament, Anaheim Chamber of Commerce, also offered support to this project stating it would be instrumental in transforming the future of Anaheim and Orange County and would get commuters moving again as traffic congestion cost California commuters $20 million in lost time. With no other comments offered, Mayor Pringle closed the public hearing. Council Member Hernandez moved to approve RESOLUTION NO. 2010 -161 OF THE CITY OF ANAHEIM certifying Final Environmental Impact Report No. 2010 -00343 and adopting findings of fact and statement of overriding considerations and mitigation monitoring plan for the Anaheim Regional Transportation Intermodal Center (ARTIC); and to approve RESOLUTION NO. 2010 -162 OF THE CITY OF ANAHEIM approving General Plan Amendment No. 2009 -00475 per pertaining to the circulation element; 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: In the matter of Patrick Mahoney (Closed Session Item No. 01), the City Council authorized the City Attorney's Office to initiate litigation. Upon the filing of this action all the particulars would be available upon inquiry. Mayor Pringle reported that he declared a conflict on Closed Session Item No. 3 and therefore removed himself from the discussion and deliberation on this item. Council Communications: Council Member Hernandez announced the 4 th Annual DASH forum date had been rescheduled from October 20 to October 13 at the Gordon Hoyt office to discuss disabled housing needs. Council Member Galloway congratulated the Mayor on the success of the Mayor's Prayer Breakfast and mentioned her attendance at the "Hope for the Homeless" event. She then recognized Transportation Department employee, Jennifer Perales. Council Member Kring attended the grounding- breaking ceremony for Founder's Park and congratulated the Police, Code Enforcement and Anaheim Beautiful for their continued success with the Adopt a Neighborhood Program. She announced the following upcoming events: the Council Meeting Minutes of September 28, 2010 Page 12 of 12 "My Downtown Anaheim" video contest in which participants would have the opportunity to win an Apple iPad by submitting a video about their visit to Downtown Anaheim, the Home Ownership Fair sponsored by the Housing Counseling Agency to be held on October 14 and the "Cops for Kids" Casino Night fundraiser to be held on October 22 " Council Member Sidhu also discussed the Mayor's Prayer Breakfast event and the ground- breaking of Founder's Park. He congratulated Katella High School and Jason Allemann, principal, for being named the state's top prize winner in the Governor's Fitness Challenge and Anaheim Union High School District for being named the Orange County School District of the Year. He also thanked Western High School JROTC for the presentation of the colors during the flag salute. Mayor Pringle requested a transparency in government initiative be placed on the next agenda and spoke of a mailer distributed by REAP (Renewable Energy Accountability Project) opposing coal as a source of power. He reported Anaheim had a long -term contract with a coal power plant in Utah which kept Anaheim's electrical costs among the lowest in southern California and that REAP was urging residents to purchase power from only green sources, a costly option that would increase resident's power costs. Adjournment: At 6:52 P.M., Mayor Pringle adjourned the September 28, 2010 meeting. R4 ub ' ted, L. CMC City Clerk