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2007/10/09ANAHEIM CITY COUNCIL REGULAR MEETING OF OCTOBER 9, 2007 The regular meeting of October 9, 2007 was called to order by Mayor Pringle at 3:08 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard A copy of the agenda for the Anaheim City Council meeting was posted on October 5, 2007 on the kiosk outside City Hall. PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez, Lucille Kring and Harry Sidhu. STAFF PRESENT: Assistant City Manager Tom Wood, City Attorney Jack White, and City Clerk Linda Nguyen GO LOCAL MASTER PLAN STUDY WORKSHOP Natalie Meeks, Public Works Director, explained the purpose of the workshop was to update Council on the Go Local Plan study efforts and to obtain Council's concurrence and direction on Go Local Strategy before adopting the Transit Master Plan on November 27th. She reported the Go Local Program was created by Orange County Transportation Authority (OCTA) to provide transit grants to cities in order to study how best to extend the reach of Metrolink services into nearby employment centers. Last year, Anaheim in participation with the cities of Orange and Villa Park, was awarded grant funds under Step 1 of the multi-step Go Local process to conduct a transit needs assessment and to develop projects concepts that best met local transit needs. She stated after the update on the progress since the April workshop had been received, Council's direction would be requested to help finalize the master plan. Ms. Meeks also stated staff would provide Council with a recommendation on which project concepts they believed should be included in the application package to compete for OCTA's Go Local Step 2 funding and would also outline the next steps for completing the Transit Master Plan. Danny Wu, Public Works Department, stated the objectives of the Transit Master Plan were to produce a policy and vision document that would guide transit investment in the City over the next 25 years and meet current and future mobility needs of residents, employees and visitors. The second objective was to develop competitive project concepts that would extend the reach of train service throughout Orange County. He explained the major objective of the study was to define feeder routes to improve connectivity between Anaheim's two Metrolink stations and major employment centers nearby. Since the last workshop session in April, a needs assessment report which evaluated issues such as current and future conditions, transit market demands, demographics, major activity centers, travel patterns and potential corridors was completed. Project concepts were further defined along with a number of specific alignment alternatives. In August, Mr. Wu pointed out, staff had shared a series of conceptual alignment alternatives with key stakeholders in the City and completed the alternative screening analysis and technical evaluation report based on OCTA's Go Local evaluation criteria. He explained under Step 1 of the process, the focus was to determine whether there was a need for new transit connection in the City and if so, to define the project concepts. Anaheim had partnered with the cities of Orange and Villa Park, adding additional gas tax funds in October 9, 2007 -Page 2 order to develop a more comprehensive master plan and in Step 2, the City would be eligible to compete for up to $26.5 million to further develop the most promising concepts due for consideration by OCTA at the end of this year. Under Step 2, he added, staff recommended seeking early implementation of several short term concepts. Under Step 3, the City would compete for final design and construction dollars. He ended his presentation stating the key question was whether Council concurred with staff's recommended strategies for Step 2 funding and also whether the proposed strategies for advancing the projects met Council's priorities and objectives. Steve Schibuola of IBI Group recapped the April 24th workshop had provided the initial round of both technical analysis and stakeholder outreach and developed a vision statement for the future of transit in the City which led to the formation of ten concepts for increasing transit connections. Those concepts were: an east/west connection of Anaheim Regional Transportation Intermodal Center (ARTIC) through the Platinum Triangle area to the Resort; a similar connection out of ARTIC to the downtown, and a variation of the first two, completing that triangle to connect ARTIC, the Resort and downtown. He remarked that circular concept did not work well due to the historic nature of the downtown and after subsequent screening and analysis, the concept was set aside. The next concept developed would connect two Metrolink stations together, ARTIC to the Anaheim Canyon Station; believed to be important to allow access to jobs in the Canyon business area. Also important was the network of feeder systems out of the Anaheim Canyon Station to the businesses within the Canyon Business Park especially with the continued growth of the business center. Another connection, ARTIC to UCI Medical Center and the Biock and also a route from the north to connect to the Fullerton Transportation Center was viewed to be important as well. He stated in addition to the Resort worker commuter shuttles, visitors or conference attendees had expressed a need to take day trips out of the area and transit was identified as the first choice for those riders. The last concept was to determine a better connection between ARTIC and the Orange Station to address commuter transfer issues. Since that workshop, Mr. Schibuiola commented, the concepts were broken down with specific alignments and station locations and a number of alternatives had been developed and screened based on technical criteria as well as the second stakeholder workshop held last August. That, he explained, let to a refined set of alignment alternatives for each of the concepts. In addition, the concepts were evaluated per the Go Local evaluation criteria to ensure the projects would be competitive. Mr. Schibuola summarized each of the nine concepts: 1) ARTIC to Resort was proposed as an elevated alternative with a range of technologies which included monorail, automated people movers, and potential rail-based technology. It would travel from ARTIC, through the Stadium development along Gene Autry Way through the Platinum Triangle. Once it traveled over the 5 Freeway, several alignment choices would be the subject of further study in Step 2 of the process with the intent to serve all four quarters of the Resort area. This was along-term, high investment project, three to three and one-half miles in length with an estimated 2.6 million ridership and an estimated cost of $240 to $270 million. The recommendation was that this concept be pursued through the Go Local Program. Council Member Sidhu asked for clarification on the capital costs. Mr. Schibuola indicated the cost was in the elevated structure itself and the stations and the range reflected different routes, some a little longer than others. Responding to Mayor Pringle, Mr. Schibuola indicated none of the routes were circular and all were double track systems. Council Member Kring asked why an elevated concept was selected over an at-grade project. Mr. Schibuola replied there were also a set of alternatives for at-grade because the elevated system would be an important policy decision to be made by Council. The benefits subscribed to an elevated system, he stated, were because the operation was out of the traffic stream, there would be higher numbers of people moving capacity, October 9, 2007 -Page 3 although the cost would be much higher than an at-grade system. He added there were a range of technologies to accommodate an elevated people mover and this system was meant to serve people already in the corridor and/or arriving through ARTIC or future high speed rail or other modes. Council Member Kring stated she was not an advocate of elevated travel due to the visual clutter and extra expense for construction and would be more inclined to support an at-grade system. Mr. Schibuola went over the details of the 2) at-grade version of the same connection from ARTIC to the Resort. For this, the ranges of technologies were street cars, bus rapid transit (BRT), and expanding the Anaheim Transit Network (ATN) service to provide that connection. Katella Avenue was thought to be a more suitable corridor since it was more direct. The capital cost would be less in the range of $2 to $3 million and from $500,000 to 1.5 million riders annually. This concept, he added, had merit and Council could continue the discussion by pursuing an early action plan where this service would be offered by ATN and start to build up the demand which would allow the pursuit of other higher forms of transit, if Council decided to go in that direction. The 3) downtown connection was proposed as an at-grade system ranging from street cars at one end through BRT and shuttle type services. Anaheim Boulevard was the most direct route and east/west connection to ARTIC and the choice of either Katella or Gene Autry from that point. The system was approximately four to five miles long depending on the specific alignment used and annual ridership was in the range of 500,000 to 1 million riders per year. Capital costs for the mixed-use at-grade system was in the range of $3 million. This concept was also felt to be an important connection to make through the Go Local Program and was recommended to pursue. Mayor Pringle indicated he believed other than using Katella as the preferred routing, more ridership potential was gained by using Gene Autry Way through the Platinum Triangle business offices as opposed to a single stop at State College Boulevard. Mr. Schibuola responded there was an opportunity to mix and match the different alignment concepts as there was still freedom of choice at this point in time. 4) ARTIC to Anaheim Canyon Station: Mr. Schibuola indicated there were two concepts developed, one was an arterial based system that could potentially use the backbone infrastructure that OCTA would be building out in terms of signal priority, both on State College and eventually on La Palma Avenue. Both routes were part of the overall BRT network and Anaheim could piggyback on those investments and run a bus rapid transit along La Palma and State College to connect those two stations. Another possibility would be a freeway flyer concept that would use the 91 and 57 freeways directly and the technology assumed was bus rapid transit, six to seven miles in length, with ridership varying between 90,000 and 370,000 annually at a cost of $2 to $4 million. He explained the 370,000 annual ridership estimate was reflective of more stations along State College and La Palma streets, collecting more riders along the way. Council Member Sidhu asked what the $2 to $4 million cost included; Mr. Schibuola replied the cost included signal priority so the busses would have a jump on traffic at signalized intersections, but essentially the street scapes would look very much as it does currently. Mayor Pringle remarked he thought traveling State College would be faster than using the 91 freeway as even with carpool lanes there was no direct connect from the 57 to the 91 freeway. The next concept was expanding the 5) network of feeders at the Anaheim Cannon Station. There were gaps in the service provided by OCTA to the business park and two shuttle routes were proposed that would serve the entire Canyon Business Park area. This, Mr. Schibuola stated, would be a modest investment of approximately $500,000 with an annual ridership of 150,000. October 9, 2007 -Page 4 Regarding 6) Anaheim commuter shuttles, these smaller shuttles would serve the ARTIC station and provide a convenient way for resort workers to make their way to and from the Resort. Mr. Schibuola explained the route design focused on areas where there would be a higher propensity of resort workers based on survey data which would complement existing OCTA bus service. Two routes were developed, one serving West Anaheim along the Orange/Broadway corridor and the other serving north/west Anaheim, bounded by the 5 freeway, the 91 freeway and Harbor Boulevard. With a relatively low capital investment of $500,000, good ridership was anticipated. Mayor Pringle stated by relying on the existing OCTA bus system, which in most cases would require transfers to get to the Resort businesses; the areas containing apartment communities along Broadway as opposed to Lincoln were ignored. He added just because there was an OCTA system on Lincoln did not argue the fact that there should not be a link for Resort area workers. That same situation, he added, applied to Orangewood and Haster, up to Cerritos Avenue where Mayor Pringle believed there was a large population of resort workers. Mr. Wu interjected staff had been working with ATN to look at an expanded study and actually do a survey to find out at the intersection level, where resort workers originate and end their trips. Another concept was the 7) support connection to the Fullerton Transportation Center and south. Mr. Schibuola indicated the OCTA BRT Program would be running those services on the Harbor BRT and the 28 mile BRT along State College and the thought was to leverage that investment and support OCTA's build-out of that program with the provison that the 28 mile system, when it leaves State College, would need to serve ARTIC, as well rather than run up and down along State College. Mayor Pringle also wanted to ensure if Anaheim was considering a downtown connector from ARTIC, the City should consider bringing that connect up to the Fullerton Train Station and then back which would be a smarter addition to that system than relying solely on the OCTA BRT system on Harbor. Regarding the 8) visitor day trip services concept, Mr. Schibuiola stated it was felt the private sector was handling this well enough, however, there was a need for improved information for tourists coming into the area and public sector would take a role to support dissemination of information. There were also discussions to extend the OCTA Harbor BRT currently slated to terminate at the south end of the triangle at Costa Mesa and extend it to the Balboa Peninsula for beach access. The last concept was the 9) ARTIC/Orange Station connection dedicated ways of providing that connection had been studied. One version used the 57 freeway, exiting on Chapman, Main and Katella. He noted the City of Orange was considering its own Go Local application for more of a shuttle type service in the east end but had an interest in having that shuttle extend west of the Orange Station to connect to ARTIC, which could be a good way to get this connection in the short term. For the future, Mr. Schibuola remarked the 30 minute service along Metrolink would ease the current rail to rail connection with people coming in from the inland empire and having to transfer. Increasing the frequencies would help with that transfer and as part of the Katella bus rapid transit OCTA would be implementing, the Katella line would actually extend across Katella, come down Glassell, also serve the Orange Station as well and provide a direct connection to the ARTIC Station. He explained if Anaheim supported those three concepts, there may not be a need to run a dedicated service. Ending his presentation, Mr. Schibuola recommended the City submit an application package for Go Local that would include along-term package of meeting the high investment projects, the east/west ARTIC to Resort connector fixed guide way as well as bus based systems that would connect ARTIC to downtown and ARTIC to the Canyon Station. At the same time, Anaheim should submit a proposal for short-term lower investment pursuing operating funds to start services October 9, 2007 -Page 5 right away, possibly using ATN as the vehicle and getting these services up and running: ARTIC to the Resort, commuter shuttles and the two new Anaheim canyon feeders. Dan Wu announced that the next steps would be to finalize the list of strategies for inclusion into the transit Master Plan that Council would consider in late November, start developing a work plan and budget requirements for next phase of Go Local, and follow up with key stakeholder groups in securing letters of support and put together a grant application package to submit to OCTA. Based on available funding and Council's direction, staff would proceed with project development and detailed alternative analysis. Council Member Sidhu asked whether Anaheim worked in collaboration with other cities. Mayor Pringle remarked that OCTA was looking for responses from municipalities within the next few months and that by the end of the year, many cities would have their applications submitted. OCTA would then prioritize the local projects and some long-term projects that would need funding out of Measure M2. It was his feeling that even if major funding of projects goes forward, those allocations would be made early by OCTA and they would borrow money to begin those project developments before 2011 when Measure M monies would begin to be collected. He indicated Irvine was trying to jump start the process and get their rail project funded early and ahead of other cities. From his perspective, Anaheim's proposed elevated rail system, while costly, would be funded through Measure M not through Anaheim taxpayers. Santa Ana was expected to come up with an elevated transit system possibly connecting Garden Grove to Los Angeles County and Irvine was looking at a rail system into the Great Park, all of which were significant proposals which would be evaluated on how many people get out of their cars. He emphasized he would feel more comfortable asking for $240 million, and step forward with an aggressive plan that would move 2.6 million people a year versus a plan for moving 350,000 people a year. In his opinion, bringing people from ARTIC to the Convention Center and the Resort would directly impact more people which answered OCTA's goal of benefiting the most people. He added if Anaheim didn't compete for those Measure M dollars, neighboring cities would receive the funds. Looking at short term recommended projects first, Mayor Pringle stated expanding the existing Resort shuttle bus service and applying to OCTA to help support the expansion of that service to bring buses out of the Resort area, serve the Platinum Triangle and connect to ARTIC was one of the proposed short term solutions. The second concept, Mayor Pringle pointed out, was the Anaheim commuter shuttles and while he did not like the routing he believed the concept was important because it used an existing asset during off peak time to bring resort area workers to their jobs. He added that it was a smart move and he would like to figure out how to intensive that use. The third short-term proposal was creating the feeders to enhance the OCTA service around the Anaheim Canyon Station. It was the consensus of Council to go forward with these three short-term proposals. Mayor Pringle asked for comments on the long term proposal, the ARTIC/Resort elevated connector. Council Member Sidhu supported that concept, stating the removal of a substantial number of vehicles on the road would contribute to public safety and he would support the elevated system and the new technology. Council Member Kring felt the concrete structures necessary for an elevated system would have a negative visual impact and would prefer an at-grade concept. Mayor Pringle pointed out Anaheim was defined as a City building to the future and an elevated transportation system would be a unique application. He added the transportation structure did not necessarily need to be massive but would provide apeople-moving solution for 2.6 million riders annually which would equate to eliminating about a million vehicles a year. Council Member Galloway was supportive of the concept as a system that had been envisioned for Anaheim's October 9, 2007 -Page 6 future and exemplified by the Disneyland monorail in use for 50 years. The elevated connector concept was approved for submittal as recommended. Mayor Pringle requested the short term proposal ARTIC through the Platinum Triangle to the downtown area be extended to the Fullerton Station, making it a stronger proposal. He added that from his perspective on OCTA board, Anaheim was far ahead of others in looking at ways to utilize the Go Local Program for the use it was intended. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 318 South Hessel Avenue, Anaheim, California Agency negotiator: Lisa Stipkovich Negotiating parties: City of Anaheim and Home Oil Company of Anaheim Under negotiation: price and terms 2. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Munoz v. Ruiz, et al. United States District Court, Case No. SACV 05-1053 AHS 3. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Allee, et al. v. City of Anaheim, et al. Orange County Superior Court Case No. 070003831 4. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Qualified Patients Association, et al. v. City of Anaheim, Orange County Superior Court Case No. 070009524 Council returned from closed session at 5:15 P.M. Invocation: Father Timothy Freyer, St. Boniface Church Flag Salute: Council Member Galloway Presentations: Recognizing long-term employees of the City of Anaheim Walter Jerz, Human Resources Department, acknowledged long-term dedicated City employees who had served the Anaheim community for 25 to 35 years. Recognizing Anaheim White House Chef Eddie Meza on being Selected as Chef of the Year for Southern California October 9, 2007 -Page 7 Chef Meza was introduced and recognized as Chef of the Year for Southern California by the Southern California Restaurant Writers Association Acceptance of Other Recoanitions {To be presented at a later date): Proclaiming October 2007 as Fire Prevention Week Chief Roger Smith invited residents to open house on Saturday, October 13th at specified fire stations to learn more about fire prevention. Proclaiming October 7-13, 2007 as Public Power Week Mariann Long, Public Utilities Department, announced Anaheim Utilities would be celebrating Public Power Week at the Farmer's Market on Thursday, distributing energy saving kits to the first 100 visitors and offering other activities for children and adults. Recognizing the Anaheim Performing Arts Center Foundation Linda Nohl, Musical Theatre West and Larry Rosenberg of the Anaheim Ballet, thanked Council for recognizing the foundation and for its dedication and commitment to bringing the arts to Anaheim. ADDITIONSlDELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all items except public hearing): Assemblyman Michael Duvall presented the City with a carved woodcut duplicating the City Seal to be displayed in the Council Chambers. Mayor Pringle introduced Hugh McCutchen, Coach of the USA Men's Volleyball team as well as some of the team members remarking the team had hosted the North Central American Carribean Islands tournament, winning the championship and now ranked number five in the world. Alan Baldwin, OCCORD, remarked the 50 acres Archstone Project in the Platinum Triangle scheduled for development would be a good way to address community needs related to housing. Lynn Spencer, resident, spoke against the Anaheim Voter Empowerment (AVE) initiative, remarking that if it passed, it would undermine the SOAR initiative and asked Council to reconsider placing it on the ballot. Hazel Ricardson, resident, objected to the large adult store on Lincoln Boulevard, remarking it was not in code compliance and believing it should be closed until compliance was met. Mayor Pringle stated he was aware of her communication with the City on this issue and that a code enforcement officer had investigated her claims and sent a letter asking for correction of certain code violations to the owner of the adult store. He added code regulations allowed the store to remain open, but indicated the City would be diligent to ensure violations were corrected. Cynthia Ward, resident, addressed her comments strongly against the SunCal initiative pointing out, should it pass, it would nullify the SOAR initiative. Pat McGuigen, Chessen & Associates, asked if Council would be willing to consider continuing the public hearing scheduled this evening regarding Item No. 21 to the next regularly scheduled Council meeting. With no objections offered, Mayor Pringle continued Item No. 21 to October 23, 2007. October 9, 2007 -Page 8 Stan Polowski, resident, appealed to three council members to reject putting the Voter Empowerment Initiative on the ballot. Eric Altman, OCCORD, addressed his comments to the potential development of 50-acres of the Platinum Triangle, stating it would affect the economic health of the community and asking for a seat at the table and a voice on what happens to that land. For purposes of clarification, Mayor Pringle explained that there were two different issues being discussed. He explained that one issue related to potential development in the Resort area while the second issue raised by OCCORD related to the Anaheim Stadium property currently under negotiations. He explained that the City is currently under negotiations and that OCCORD is a group that would like to influence the decision making process related to the 50-acre Stadium property. Doug Mangione, OCCORD, commented on those 50 acres in the Platinum Triangle asking for environmentally green design, a minimum of five acres per 1,000 residents and one acre for on- site employees to be set aside for physical activity. He also asked that the Santa Ana River be included in a comprehensive accessible recreational opportunity with bike paths, in-line skating, skateboard parks and to establish standards and conditions to provide adequate residential serving businesses and to reduce vehicle traffic by creating a comprehensive transportation plan that would incorporate the City's future transportation design center. A representative from the Orange County Labor Council, addressed the need for child care for working parents. Alda Deseino, OCCORD, commented on the proposed development of 50 acres in the Platinum Triangle, asking for a voice in that development. Carol Rheingold, OCCORD, asked that input from the community be allowed relative to development of 50 acres in the Platinum Triangle. Martin Lopez, resident, commenting on the Platinum Triangle development, stated any development should benefit those who live and work here. Mary Goggins, OCCORD, requested the organization be included in a dialogue as to how the city- owned land in the Platinum Triangle should be developed. Caesar Covarrubias, Kennedy Commission, requested Council allow the community to be part of the discussion on the development of City-owned 50 acres in the Platinum Triangle. Bill Lamarr, resident, opposed including the Voter Empowerment Initiative on the ballot as being designed to confuse voters on the issues. Steve Goodyear, resident, strongly opposed the SunCal initiative and spoke of a recall of three council members. Patrick Pepper, SOAR member, spoke of a number of reasons why he strongly opposed the empowerment initiative. October 9, 2007 -Page 9 Reid Royalty, Orange County Taxpayers Association, asked Council to reject putting the Voter Empowerment Initiative on the ballot, predicting the outcome of the election. Margaret D., resident, suggested removing the SunCal property from the Resort district hoping it would be used for something other than entertainment. Nathan Urdesky, resident, stated Disney should be held to the same standards as other business developers. A resident believed the SunCal initiative was created to punish Disney for their efforts in keeping the resort district unchanged. Todd Adment, Chamber of Commerce, accepted the different viewpoints related to housing in the Resort district but hoped Council would reconsider the action to place the voter empowerment initiative on the ballot. Ed Perez, resident, was supportive of Council's action regarding the Resort district. Eric Anderson, speaking on behalf of his wife as well, opposed the SunCal initiative and Council's actions related to the resort district. Diane Singer, resident, addressed her comments against the Disney Corporation and its actions. Brian Finney took exception to comments that his neighborhood was crime ridden and gang infested and spoke against changes made to the resort district. Council Member Galloway rebutted earlier remarks, stating no back room deals had been made and the Brown Act had not been violated. She added both opposing groups had urged they be allowed to vote on this issue and she supported having the voters decide this land use issue. Council Member Kring also rebutted earlier comments and spoke of working with SunCal since February to resolve issues raised and she continued to look forward to finding an acceptable compromise. CONSENT CALENDAR: Council Member Kring moved to waive reading in full of all ordinances and resolutions and to adopt 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 Sidhu. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 1. Reject certain claims filed against the City. C118 2. Receive and file minutes of the Community Services Board meeting of August 9, 2007 and 8105 September 13, 2007, Senior Citizens Commission meeting of August 9, 2007 and Cultural and Heritage Commission meeting of August 27, 2007. 3. Review the need for continuing the local emergency heretofore proclaimed by the Director D175 of Emergency Services as ratified by previous action of the City Council concerning land movement and property damage in the vicinity of 357, 365 and 373 Ramsgate Drive and the Hidden Grove Lane/Fox Glen Drive area in the City of Anaheim, and, by motion, determine that the need for continuing the local emergency exists. October 9, 2007 -Page 10 4. Accept the low bid and authorize the Purchasing Agent to issue a purchase order to Air D180 New Zealand Limited, in an amount not to exceed $247,944, for the repair of the Public Utilities Combustion Turbine Generator's front frame in accordance with Bid #6997. 5. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent D180 to issue a purchase order to RJF International Corporation, in an amount not to exceed $100,000, for wall covering for the Public Works Department, Facilities Services Division. 6. Waive the sealed bid requirement of Council Policy 4.0, authorize the Purchasing Agent to D180 issue a purchase order to 3M Library Systems, in an annual amount not to exceed $40,000, for maintenance and repair services of the self-check book security systems for the Community Services Department, Library Services Division and authorize the Purchasing Agent to exercise annual renewals. 7. Approve and authorize the Executive Director of Community Development to execute and 4854 administer a Cooperation Agreement with the Orange County Water District to develop a landscape enhancement project for the Little Warner Basin Landscaping. 8. Approve and authorize the Executive Director of Community Development to execute the 4855 Agreement for Acquisition of Real Property and a Lease Termination Agreement with Home 4856 Oil regarding property located at 318 South Hessel Avenue for the Ross Park expansion. 9. Approve an agreement with the California Urban Forests Council, a California non-profit 4857 public benefit corporation, to accept the donation of 250 trees provided by the corporation to be planted in Anaheim city parks. 10. Approve the Second Amendment to Agreement with Anaheim Transportation Network 2763.2 (ATN) to authorize the ATN to add a shuttle stop at the Angel Stadium Amtrak/Metrolink station. 11. Determine on the basis of the evidence submitted by Avalon Bay Communities, Inc., that 3671 the property owner has complied in good faith with the terms and conditions of Development Agreement No. 2005-00004 for the 2006-2007 review period. 12. Approve the agreements with Kimley-Horn and Associates, Inc., IBI Group, and RRM 4858 Design Group, in an amount not to exceed $200,000 each in any fiscal year, for 4859 transportation planning and traffic engineering, architectural design review and on-call 4860 planning services. 13. Approve and authorize the Public Utilities General Manager to execute agreements 4861 necessary to purchase and implement a Meter Data Management System ("MDMS") with 4277 eMeterT"" Corporation, in the amount of $680,574, for consulting services and implementation expenses, a Software License and Services Agreement, in the amount of $490,096, for customer support and maintenance, a Supplemental Agreement with Sungard H.T.E., in the amount of $9,250, to license the Real Time Pricing, and waive Council Policy No. 4.0 and authorize the Purchasing Agent to execute Master Agreements, in an amount not to exceed $500,000 each, for atwo-year period, with Tantalus Systems, Inc. for the purchase of metering communications equipment and Badger Meter, Inc. for the purchase of water meters and water meter communications equipment. October 9, 2007 -Page 11 14. Waive the sealed bid requirement of Council Policy 4.0, approve and authorize the City 4866 Manager to execute a Purchase Agreement with American Eurocopter, in an amount not to exceed $2,000,000, for the purchase of an AS 350 B2 helicopter, authorize the sale of the police department's oldest MD 500 (N1607A) "as is" in the private market, and increase the Police Department's FY 2007/08 budget in narcotic Asset Forfeiture fund by $2,000,000 and upon receipt of sale proceeds from the MD 500, increase the department's general fund appropriation equal to the sales price. 15. RESOLUTION NO. 2007-179 A RESOLUTION OF THE CITY COUNCIL OF THE P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 11051, 11073, 11083, 11084, 11086). 16. RESOLUTION NO. 2007-180 A RESOLUTION OF THE CITY COUNCIL OF D150 THE CITY OF ANAHEIM approving the application for grant funds from the California River Parkways Grant Program under the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50); and, if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal year 2007-08 accordingly. 17. RESOLUTION NO. 2007-181 A RESOLUTION OF THE CITY COUNCIL OF THE D150 CITY OF ANAHEIM approving the application for grant funds from the Recreational Trails Program and, if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal year 2007-08 accordingly. 18. ORDINANCE NO. 6078 (ADOPTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM amending Section 14.32.510 of Chapter 14.32 of Title 14 of the Anaheim Municipal Code relating to enforcement of vehicle parking and standing provisions (Introduced at the Council meeting of September 25, 2007, Item #30). 19. Approve minutes of the Council meeting held September 25, 2007. END OF CONSENT CALENDAR: 20. RESOLUTION NO. 2007-182 A RESOLUTION OF THE CITY COUNCIL OF THE D114 CITY OF ANAHEIM adopting the 13th Marine Expeditionary Unit (MEU) of the United States Marine Corps based at Camp Pendleton, California, establishing the Anaheim 13th Marine Expeditionary Unit Adoption Committee, and providing support thereto Assistant City Manager, Tom Wood reported that earlier this year a resident, Carolyn Walker, had approached the City encouraging involvement in a program to support United States troops. At the request of the Mayor, Mayor Pro Tem Hernandez and Council Member Kring had met with Mr. Tim Slote, the key coordinator of this effort in Orange County to consider establishing an MEU adoption committee. He indicated the item before Council would create an adoption committee to work together with the 13th MEU to support the families and work with the community. Mr. Wood noted the 13th MEU was commanded by Colonel Sam Mundy who had agreed to participate in the program. Mr. Slote remarked the 13th MEU was presently deployed in Iraq and representing Commanding Officer Mundy, was Colonel Damon from the First Marine Expeditionary Force, the parent organization of the 13th MEU along with Colonel Mundy's wife, Mrs. Jennifer Mundy. October 9, 2007 -Page 12 Council Member Hernandez moved to approve Resolution No. 2007-182 of the City of Anaheim adopting the 13th Marine Expeditionary Unit of the US Marine Corps based at Camp Pendleton and establishing the Anaheim 13th MEU Committee and providing support, seconded by Council Member Kring. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. Colonel Damon introduced Mrs. Jennifer Mundy and Gunnery Sergeant Jones and Gunnery Sergeant Tipi of the 13th MEU who were there to show appreciation for this effort. He also presented a framed letter from General Mattis thanking the City of Anaheim for supporting and adopting one of Camp Pendleton's marine units. Mrs. Mundy announced she also had a letter of thanks from her husband who was currently serving in in Iraq, to inform the Anaheim community how much this action meant to the Marines and their families. With Council's consent, Mayor Pringle briefly recessed Council session. PUBLIC HEARINGS: 21. CONTINUED PUBLIC HEARING: C410 CEQA NEGATIVE DECLARATION GENERAL PLAN AMENDMENT NO. 2007-00455 RECLASSIFICATION NO. 2007-00198 OWNER: La Vue LLC, 30622 La Vue Street, Laguna Niguel, CA 92677 AGENT: Mehdi Ebrahimzadeh, 30622 La Vue Street, Laguna Niguel, CA 92677 LOCATION: 1556 West Katella Avenue: Property is approximately 0.78-acre, having a frontage of 130 feet on the south side of Katella Avenue and is located 170 feet west of the centerline of Bayless Street. General Plan Amendment No. 2007-00455 -Request to amend the land use element map of the General Plan redesignating the property from the General Commercial designation to the Low-Medium Density Residential designation. Reclassification No. 2007-00198 -Request reclassification of the subject property from the T (Transition) zone to the RM-3 (Multiple-Family Residential) zone. Conditional Use Permit No. 2007-05200 -Request to construct a 14-unit attached residential planned unit development with modification to development standards and waiver of setback between buildings and improvement of private street. Tentative Tract Map No. 17116 - To establish a 1-lot, 14-unit airspace attached residential condominium subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: CEQA Negative Declaration approved (Vote: 6-0; Commissioner Karaki absent). Recommended City Council Approval of General Plan Amendment No. 2007- 00455 (PC2007-89). Reclassification No. 2007-00198 granted (PC2007-90). Waiver of Code Requirement, approved, in part. Conditional Use Permit No. 2007-05200 granted, as amended (PC2007-91 ). Tentative Tract Map No. 17116 approved. (Planning Commission Meeting of August 6, 2007). (Continued from the Council meeting of September 25, 2007, Item #35). MOTION: CEQA NEGATIVE DECLARATION October 9, 2007 -Page 13 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving General Plan Amendment No. 2007 00455, pertaining to the Land Use Element. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2007-00198}. As requested by the applicant, this item was continued to October 23, 2007. Report on Closed Session Actions: City Attorney Jack White reported that due to a potential conflict of interest, Liebert, Cassidy & Whitmore was unanimously approved to represent the City in Allee, et al. v. City of Anaheim, et al., Orange County Superior Court Case No. 070003831. Council Communications: Council Member Hernandez addressed his comments to character attacks made during the evening's public comment session clarifying certain issues expressed. Council Member Galloway reported she had attended the Sunrise Rotary's Mariachi Festival, whose proceeds benefited charitable organizations in the City and had also attended a retirement function for Firefighter Fernando Negrete. Council Member Kring mentioned she had attended the Anaheim Hills Rotary Club Octoberfest event, commenting on its success. She acknowledged the volunteers who began training for the RSVP program in conjunction with the Police Department, encouraging retired persons to become involved. She also mentioned the passing of Katie Baldwin, wife of Parks and Recreation Commissioner Don Baldwin and requested this meeting be adjourned in her memory. Council Member Sidhu spoke of the various activities occurring relating to Arts and Humanities Month with special attention paid to the grand opening of the Muzeo on October 16tH Mayor Pringle commented on the various worthwhile activities taking place in Anaheim, reporting on the success of the Mayor's Prayer Breakfast, Anaheim's 150th birthday celebration and the Tiger Woods Learning Center fund raiser which netted over $1 million for the facility. Adjournment: With the consent of Council, Mayor Pringle adjourned the October 9th meeting at 7:38 P.M. in memory of Katie Baldwin. Respec y submitted, inda Nguyen, City C rk