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2007/11/27ANAHEIM CITY COUNCIL REGULAR MEETING OF NOVEMBER 27, 2007 The regular meeting of November 27, 2007 was called to order at 3:00 P.M. by Mayor Pringle 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 November 23, 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: City Manager Dave Morgan, City Attorney Jack White, and City Clerk Linda Nguyen. CANYON POWER PLANT WORKSHOP Marcie Edwards, General Manager, explained the workshop would cover a preliminary overview of the Canyon Power Plant and the beginning of a 12-month permitting and licensing period. The 200 megawatt facility was projected to cost $200 million, would serve 150,000 residents, utilized natural gas for fuel with projected field costs at $6 million per year. She indicated Anaheim currently paid $40 million per year in fuel costs. Ms. Edwards explained Anaheim's power portfolio contained the following conventional resources: Intermountain coal facility, Utah; San Juan coal facility, New Mexico; Magnolia gas powered facility, Burbank; Hoover Hydroelectric facility; and the Kraemer generator, Anaheim. Renewables, she reported, had been largely focused on wind because it was the most economic choice of all but also included landfill gas, and some geothermal power with three projects currently in negotiation. To answer the question of why the Canyon Power Plant was needed, Ms. Edwards highlighted the following: The way and when Anaheim's customers used energy necessitated more peaking power in the portfolio; it was needed as back up for the renewable power sources that come on as available or intermittently and would allow quick response to customer changes in electricity, such as when an unexpected .heat wave occurred; it would also allow for reduced reliance on out-of- state power as it was becoming more and more difficult to build not only generation plants, but transmission lines as well; it would be used to meet reliability requirements due to state and ISO imposed regulations on how much energy could be carried in reserves; it would-also avoid ISO fees for non-local generation of power. She remarked that without it, Anaheim would continue to be penalized up to $14 million a year because power was imported rather than generated locally and the new plant would help offset that annual penalty. Lastly, she commented, the Canyon Project would be used for "blackstart" purposes. Should a full scale outage occur, without the Canyon plant, Anaheim customers would have to wait until reconnection to the grid and another provider shipped the power to Anaheim. With the Canyon plant in place, customers could rely on receiving immediate replacement power. Steve Sciortino, Wholesale Energy Manager, remarked that this project necessitated a lot of planning and lead time in order to build. Staff took a look at projections for the next 20 years, stacked up the existing generating resources and then took a look at what the customer load November 27, 2007 -Page 2 growth would look like over the next 20 years, as well as where deficiencies would be. Mr. Sciortino emphasized those deficiencies would be in meeting peak energy demands. He added with the building of the new generating facilities, it would adequately handle customer demand for the next 10-15 years. Council Member Sidhu asked how the peak demand increase was determined. Ms. Edwards responded it was a combination of all of the economic projections, data from hospitals, and historical data. She pointed out that historically the Department had been correct in peak load projections to within one to 1.5 percent accuracy. Mayor Pringle remarked that he felt the 30 percent increase over the last 20 years was undervalued. He added in 1995, when California passed electrical deregulation, the main reason was due to the electrical supply overage in the state. There had been a 33 percent excess power generated in California at that time and as a state, customers were paying the highest electrical rates of any western state. There was a power shortage in the year 2000, four years later, because the power demand in California grew faster than 33 percent in four years. With -new technology advances, he stated, there was now a tremendous amount of power used on consumer products and to try and make projections for the future was a challenge. Ms. Edwards remarked there was also the issue of trying to assemble the portfolio in a flexible enough fashion to allow for a variety of regulatory outcomes. City Manager Dave Morgan pointed out the demand for power had now increased in every household and with the pending development in the Platinum Triangle, Mountain Park, Disney's enhancement in the Resort Area and the Canyon Business Center, Anaheim was a long way from being built out. He added, if those in-fill projects he mentioned were completed, it would increase Anaheim's housing stock by 20 percent in the next ten years. Council Member Sidhu asked if the City was buying peak load now; Ms. Edwards answered the Utilities was not only buying it at a higher price but was forced to buy it in much larger blocks than was needed, which would not be the case if Anaheim had its own peaking generation plant because the power could be utilized in a way which suited the City's needs. She added there were risks to the current portfolio, i.e., the Hoover contract would end in 2015 and it was unlikely that Arizona and Nevada were going to be as flexible as they were earlier with these energy contracts. Mayor Pringle asked what the cost for power was from the Hoover plant; Mr. Sciortino responded it was .2 cents per kilowatt hours versus coal which was 4.5 cents per kilowatt hours. Natural gas was closer to 8 cents per kilowatt hour and wind power was 5.5 cents for Anaheim, with the market actually running higher at close to 8 cents per kilowatt hour. He added the state had been urging agencies to divest their contracts for coal power and replace it with renewables such as wind or solar, both of which were intermittent and costly. He noted the blending of all of these resources had given Anaheim the ability to maintain a generally low rate to customers but if forced to swap coal power for renewables, it would have economic consequences to ratepayers. The economic considerations for the Canyon facility, Ms. Edwards pointed out, included operations, fuel, and debt service and would run about $20 million a year. There would be significant savings in capacity and energy as well as savings in ancillary services and there would also be the potential to be able to sell the power back to the market when not needed. She stated the facility should have a $5 to $17 million annualized benefit and that was not counting the reliability enhancement in having local generators and to be able to shape the load as opposed to having to buy long blocks of power. She stressed the Canyon Power Plant Project was an economic winner. The site for the plant was 9.4 acres at Mira Loma and Kraemer, which was about ahalf-mile north of the existing Kraemer generating plant. Ms. Edwards reported the Energy Commission had overall authority on the project and would coordinate with both Air Quality Management District (AQMD) and Orange County Water District (explaining that it was the City's intent to use recycled November 27, 2007 -Page 3 water at the facility). The Commission would handle the public hearing process, including notifications. Mr. Sciortino discussed the timelines associated with the application for certification of the power plant which was projected to take place in 12 months. Mayor Pringle asked if any other agency had made successful application within a year. Staff responded that Riverside had taken 400 days with the Magnolia Plant taking longer. Mr. Sciortino responded consultants had determined there were no issues associated with this project however he recognized that environmental or social justice issues could arise at any point in the process. Council Member Sidhu asked how funding for the $20 million per year would be financed. Ms. Edwards responded the borrowing was built into the profiles and was covered within the bond issuances already discussed. The Southern California Power Authority would issue the debt with a purchase power agreement with the City. Council Member Sidhu asked for an explanation of the $3 million net gain; Ms. Edwards replied it was the net impact of the facility overall, when the $20 million annual cost was netted out and the $5-17 million in savings taken away, the net gain was $3 million. She believed those savings were conservative and anticipated that number to be higher. Council Member Sidhu recommended advance permitting be done should it be determined that another facility should be constructed on the 9.4 acre site adjacent to this project. Ms. Edwards pointed out advance permitting might not be allowed per energy and state requirements, but concurred in researching that issue. She added that in terms of aesthetics and community- related issues, staff would meet City code for noise and a 20 foot wall would be constructed around the site with landscaping. Plant operations would be limited to a few hours during the day in the summer and there would be no traffic mitigation other than normal construction traffic. If everything went according to plan, she anticipated the plant would be in operation in 2010. Council Member Hernandez asked if Ms. Edwards saw any future partnership with nuclear generation. Ms. Edwards responded she was personally amenable to using nuclear power, however, the challenge was putting that power into a portfolio where peaking power was needed. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Walt Disney World Co. v. City of Anaheim, et al., Orange County Superior Court Case Nos. 070001210 and 070001293. 2. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: City of Yorba Linda v. City of Anaheim, Orange County Superior Court Case No. 070008763. 3. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Roberts, et al. v. Madden, et al., Orange County Superior Court Case No. 050000072 (and related cases concerning the Ramsgate land movement). November 27, 2007 -Page 4 4. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: South Coast Cab Co. v. City of Anaheim, United States District Court Case No. SACV-99-416DOC(ANx) 5. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION (Subdivision (c) of Section 54956.9 of the Government Code) Number of potential cases: one. Invocation: Pastor R. Preston Price, Anaheim Methodist Church Flag Salute: Council Member Kring ADDITIONS/DELETIONS TO THE AGENDA: Staff requested Item No. 19 be continued until December 11, 2007. The applicant had requested continuation of Item No. 56 to December 11, 2007. Mayor Pringle, with the consent of Council, continued Item No. 55 to December 11, 2007 and requested the City Manager apprise Council at that time the areas in which Anaheim's building and standard codes exceeded State minimum requirements. At 5:05 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency, the Anaheim Housing Authority and the Anaheim Public Financing Committee (in joint session with the City Council) PUBLIC COMMENTS (all items except public hearings): Robert Thompson, Youth Leadership America (YLA), thanked Council for their support and distributed YLA's annual report and invitations to the December 17th graduation at the Anaheim Hilton. Amy Shaw, Youth Leadership America, explained the program began in September and included a movie night at Tiger Woods Learning Center, a job show at the Hilton, a tour and discussion session with the Police Department, and attending a council session to view city government in action. Carol Wells addressed issues on Lincoln Inn housing rights and her unsuccessful discussions with Anaheim's Housing Authority staff. Mayor Pringle requested Housing Authority Manager, Bertha Chavoya meet with Ms. Wells and apprise Council of the outcome. Carolyn Yellis announced the Nutcracker Tree lighting ceremony taking place on December 1St at the Center Street promenade and the various activities available for children. She asked the community to join in the candlelight procession at 5:45 P.M. before the lighting of the 50-foot tree. Gloria Mejai, announced the Sugar Plum Tree lighting ceremony to be held at John Marshall Park on December 8th with family activities starting at 5:00 p.m. Marion Cazell, special counsel for bankruptcy trustee of South Coast Cab, addressed her comments to Item No. 4 in closed session. She provided details on the background of this litigation against the City and judgment and prejudgment awards given by the City. She requested Council keep an open mind on the settlement offer presented in closed session stating it was less than half of what was awarded on a smaller portion of this case. November 27, 2007 -Page 5 Janis Reyes, representing Hope University, a fine arts fine arts program for adults with developmental disabilities, presented invitations to Council to attend the Christmas program put on by the musically talented students of the university. Dan Miller, Irvine Company, referencing Item No. 53, encouraged Council to deny the request for rehearing for the approved Tentative Tract Map for the Mountain Park development and stated that Irvine Company's responses addressing the rehearing request and issues raised had been submitted to staff and Council. Steve Sheldon, Clear Channel billboard agency, addressed Item No. 54. He was supportive of the RFP process developed by staff and remarked his company's proposal was to remove 48 Clear Channel billboards in the City in exchange for some freeway billboards. He asked that Section 2B2 which identified an exchange ratio be deleted and billboard companies be allowed to negotiate that ratio with staff. A resident supported the billboard exchange program, stating it was a program which would continue the beautification of Anaheim and she appreciated the fact it was being considered. Chris O., resident, also supported billboard removals stating it would be beneficial to all residents. She also submitted a letter of support from an individual not able to attend this meeting. Nick Morgan, resident, voiced his support of the billboard exchange program. Cynthia Ward, resident, spoke in opposition to the billboard exchange plan, emphasizing residents did not need additional visual clutter. Paul Kott, resident, pointed out historically Anaheim residents opposed billboards and that in 2005 new billboard construction was banned in the City. He recommended existing billboards be reduced through natural attrition pointing out it had been successful so far with 141 billboards now decreased to 83 since 1999. John Starvin, representing Regency Outdoor Advertising, encouraged Council not to limit themselves to existing billboard vendors but to take into consideration all billboard exchange proposals submitted. Megan, Central Neighborhood Council, remarked that a presentation had been made to the neighborhood council by staff and 60 participants opposed any billboards in the City. Francis Noteboom, South District, stated a presentation on billboards had been given to the District Council who rejected the idea of any new billboards in the City. Marcia Martinez, resident, was supportive of the billboard exchange program. Gail Anderson, resident, spoke in opposition to the billboard exchange proposal, recommending existing billboards be removed through attrition. At 5:41 P.M., Mayor Pringle recessed Council session to consider the Redevelopment Agency Agenda, the Housing Authority agenda and the Public Financing Committee agenda, reconvening Council session at 6:18 P.M. November 27, 2007 -Page 6 CONSENT CALENDAR: Council Member Hernandez removed Item No's. 18 and 30 for discussion purposes, Council Member Kring removed Item No. 35, Council Member Sidhu removed Item No's. 26 and 39 and Mayor Pringle pulled Item No's. 13 and 38. Council Member Kring moved to waive reading in full of all ordinances and resolutions and to adopt the balance of the consent calendar in accordance with the reports, certifications and recommendations furnished each council member and as listed on the Consent Calendar, seconded by Council Member Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. MOTION: S/H Waive reading in full of all ordinances and resolutions and adopt the consent calendar. 11. Receive and file minutes of the Public Utilities Board meeting of October 4, 2007. B105 12. Receive and file the Investment Portfolio Report for October 2007. D117 14. Authorize the Director of the Community Services to accept a grant award from the D150 California State Library, Library Services and Technology Act, in the amount of $24,969, for the Early Learning with Families Program. 15. Authorize the Director of the Community Services to accept a grant award from the D150 California State Library, Library Services and Technology Act, in the amount of $37,937, for the Out-of-School-Time Online Homework Help Program. 16. Authorize the Director of the Community Services to accept an award from the California D150 State Library, in the amount of $17,094, for the Public Library Staff Education Program. 17. Approve an agreement with SirsiDynix to provide software licenses and maintenance 4962 services for the Anaheim Public Library and authorize the Director of Community Services to execute yearly maintenance agreement for fiscal year 07/08, in the amount of $60,701.36, and to approve up to four one-year renewals, not to exceed a 10% increase each year. 20. Approve Amendment No. 1 to the Professional Service Agreement with PSOMAS 4161.1 Engineering, authorizing additional funding of $25,000 to the original contract amount for the Citywide Sanitary Sewer Improvement Program, Group 1, Katella Avenue from Gilbert Street to Easy Way/Sumac Lane. 21. Approve an Amendment to Agreement with Covey Homeowners Association for financial 4105.2 assistance for the repair of Pegasus Street. 22. Approve Contract Change Order No. 1 in favor of Vasilj, Inc., in the amount of $64,410, for 4571.0.1 the Sanitary Sewer Improvements Project Phase I, Katella Avenue from Gilbert Street to Jean Street. 23. Approve a Lease Agreement renewal with the Metropolitan Water District of Southern 4966.1 California (MWD) for a portion of Parcel No. 1000-24-1, for the Police Department's telecommunications equipment. November 27, 2007 -Page 7 24. Approve and authorize the Public Utilities General Manager to execute an assignment of 4967 Synergen Software Support Agreement from SPL WorldGroup, Inc. to Oracle USA, Inc. and 4968 .authorize the Purchasing Agent to execute cone-year master agreement, with up to two annual renewals with Oracle USA, Inc., in an amount not to exceed $350,000 over a three year period, for software support services. 25. Accept the donation of office furniture from Covidien to be used at the Utilities Service D182 Center facility and authorize the Public Utilities General Manager to take the necessary steps to acquire the property. 27. Award the contract to the lowest responsible bidder, Ken Thompson, Inc., in the amount of 4970 $1,189,200, for the Citywide Sanitary Sewer Improvement Project Group 1 -Western Avenue to Beach Boulevard and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 28. Award the contract to the lowest responsible bidder, C.S. Legacy Construction, Inc., in the 4971 amount of $1,669,901.50, for the Maxwell Park Expansion Project and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 29. Award the contract to the-lowest responsible bidder, R.J. Noble Company, in the amount of 4972 $504,236.31, for the Frontera Street Improvements from east of Park Vista to Glassell Street and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 31. Accept the low bid of Fullmer Contract LLC, in an amount not exceed $1,532,251.18, for D180 Allsteel modular systems furniture for the Public Utilities Department in accordance with Bid #6982. 32. Accept the low bid and authorize the execution of an agreement with Mariposa Horticultural 4973 Enterprises, inc., in an amount not to exceed $828,950, for landscape maintenance services of the rights-of-way, parkways, medians, and tree wells in the eastern part of the City for atwo-year period with three one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #7020. 33. Accept the bid of Mercury Fuels, in an amount not to exceed $262,600 (including tax), for D180 the as-needed purchase of Jet A Turbine helicopter fuel for the Police Department, Helicopter Detail for cone-year period, with three one-year optional renewals and authorize the Purchasing Agent to execute renewal options in accordance with Bid #6923. 34. Authorize the Purchasing Agent to increase the not-to-exceed amount of the current D180 agreement with Precision Air Conditioning and Mechanical, fnc., by $40,000, for HVAC chiller maintenance and repair services for the Convention Center and authorize the Purchasing Agent to exercise renewal options in accordance with Bid #6841. 36. Authorize the Purchasing Agent to increase the not-to-exceed amount of the current D180 agreement with Allstar Fire Equipment, Inc. to $200,000, including taxes, for fire turnouts for the Fire Department through January 31, 2008 and authorize the Purchasing Agent to exercise renewal options in accordance with Bid #6877. November 27, 2007 -Page 8 37. Accept the proposal and approve and authorize the Purchasing Agent to execute the 4975 Master Services Agreement with Sprint Solutions, Inc., in an amount not to exceed $220,000, for wireless data services for aone-year period with three one-year options to renew and authorize the Purchasing Agent to exercise the renewal options in accordance with RFP #6956. 40. RESOLUTION NO. 2007-216 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. 11097, 11098, 11100). 41. RESOLUTION NO. 2007-217 A RESOLUTION OF THE CITY COUNCIL OF THE P110 CITY OF ANAHEIM vacating easements for an inactive water well site (Well Site No. 112) located at 9701 West Crestwood Lane pursuant to California Streets and Highways Code Sections 8330 Et Seq. -Summary Vacation (Abandonment No. ABA 2006-00127). 42. RESOLUTION NO. 2007-218 A RESOLUTION OF THE CITY COUNCIL OF THE D154 CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Human Resources Department). 43. RESOLUTION NO. 2007-219 A RESOLUTION OF THE CITY OF ANAHEIM 1880.5 approving and authorizing execution of an amended Joint Exercise of Powers Agreement for Cooperative Personnel Services. 44. RESOLUTION NO. 2007-220 A RESOLUTION OF THE CITY COUNCIL OF THE D154.6 CITY OF ANAHEIM approving a Letter of Understanding between the Service Employees' International Union, Local 1877 and the City of Anaheim 45. RESOLUTION NO. 2007-221 A RESOLUTION OF THE CITY COUNCIL OF THE D154 CITY OF ANAHEIM amending Resolution No. 2005R-110 which established rates of compensation and pay policies for unrepresented event-related part-time job classifications. 46. ORDINANCE NO. 6080 (ADOPTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2007-00198, 1556 West Katella Avenue) (Introduced at the Council public hearing of November 6, 2007, Item #27). 47. ORDINANCE NO. 6081 (ADOPTION) AN ORDINANCE OF THE CITY OF 4957 ANAHEIM (i) approving Development Agreement No. 2007-00003 by and between the City of Anaheim and Kaiser Foundation Hospitals, (ii) making certain findings related thereto, and (iii) authorizing the Mayor to execute said agreement for and on behalf of the city (Introduced at the Council public hearing of November 6, 2007, Item #28). ORDINANCE NO. 6082 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM approving Amendment No. 4 to the Northeast Area Specific Plan No. 94-1 and amending Ordinance No. 5518 accordingly (SPN2007-00048) (Introduced at the Council public hearing of November 6, 2007, Item #28). 48. ORDINANCE NO. 6083 (INTRODUCTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2007-00209, 1325 North Anaheim Boulevard). November 27, 2007 -Page 9 49. ORDINANCE NO. 6084 (INTRODUCTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM amending Subsections .020 and .030 of Section 4.22.030 of Chapter 4.22 of Tile 4 of the Anaheim Municipal Code relating to operating requirements for smoking lounges. 50. Approve minutes of the Council meeting of November 6, 2007. C280 END OF CONSENT CALENDAR 13. Approve the program year 2007-08 modification of the Anaheim Workforce Investment Area D155 Strategic Five-Year Plan and authorize staff to submit said modification to the State. Elisa Stipkovich remarked the Five-Year Strategic Plan was a requirement of the State and this update to the plan had been approved by the Workforce Investment Board- which looked at the needs of the community and also addressed the needs of the various employers in order to provide training to meeting those needs. Mayor Pringle posed questions regarding the 5-year plan, stating he may not be ready to continue a plan that had been in place for sometime until he understood if it was meeting Anaheim's needs. He read the report being submitted to the State and sought answers to some of his questions on projections, private partners and the One-Stop Program. He thought the update would have included the WIB reconfiguration and the emerging business conference information. Mr. Morgan, City Manager, recommended a workshop or some other method to provide detailed information to Council be scheduled for Council to review the plan, discuss how it was relevant to today and what changes had been made, especially in view of the industrial progress underway . With the consent of Council, Mayor Pringle continued this item to the December 18th meeting. 18. Approve an agreement with Toyon Research Corporation ("Toyon") granting Toyon the 4963 right to enter Anaheim facilities for the purpose of conducting tests necessary for the design and installation of detection systems to protect city facilities from biological, chemical and explosive acts of terrorism. Tom Wood, Assistant City Manager, reported this item was to grant access to a contractor who was working for the Department of Homeland Security to utilize the Anaheim Convention Center for part of their on-going efforts in the Regional Technical Integration (RTI) program. Anaheim was one of four cities in the nation chosen by the Department of Homeland Security (DHS) to be a test location for innovative technology that could be replicated and spread to other facilities around the United States. This program, he added, allowed one of the DHS contractors to continue an on- going relationship with the City and the convention center to test technologies for greater public safety. He added DHS had been extremely pleased with the cooperation which was why they continued to come to Anaheim and test out technologies. Council Member Hernandez emphasized Anaheim was and continued to be a leader in this area and moved to approve Item No. 18, seconded by Council Member Galloway. Council Member Sidhu inquired if there was any expense to Anaheim for this program; Mr. Wood replied there was no expense other than staff time and all the equipment and test equipment had been incorporated into Anaheim's facilities at no expense. November 27, 2007 -Page 10 19. Approve agreements, in substantial form, with Aramark Sports and Entertainment Service, 4964 LLC. for the exclusive food and beverage services at the Anaheim Convention Center from 4965 January 1, 2008 -December 31, 2012 and the Grove of Anaheim from January 1, 2008 - December 31, 2010. At the requesf of staff, Item #19 was continued to December 11, 2007. 26. Award the contract to the lowest responsible bidder, Sukut Construction, Inc., in the amount 4969 of $6,988,300, for the Walnut Canyon Reservoir Rehabilitation and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Mayor Pringle remarked he would abstain on this item due to a potential conflict of interest. Marcie Edwards, General Manager, reported the Walnut Canyon Reservoir was a 920 million gallon reservoir built in the early 60's and was a critical component in providing water service and fire fighting service to East Anaheim. The rehabilitation project included replacement of the reservoir lining system, installation of additional ground and. slope instruments to monitor for any movement or changes in the local water table and renovation of the drainage system as well as reworking the perimeter roadway. The Department also planned to conduct a variety of aesthetic enhancements to the space around the reservoir and to that end, a number of community meetings had been held in the last year to obtain citizen feedback. Based on their input, staff also planned to replace the perimeter fence as well as recess and lower it to improve views of the reservoir overall and would also refresh the native plant growth, add shade trees, trash receptacles and benches. Construction, she stated, was planned to begin in December and would be completed in a little over a year. To accommodate construction, the water level in the reservoir had been lowered significantly and would remain at the current level for summer. An underground bypass pipeline remained in use that would continue to supply water to the local treatment plant so the water supply itself would not be affected. What was affected, she explained was the amount of reserve water in the reservoir. It was staff's opinion that the potential water supply situation for California overall may worsen in the next few years and it was important to rehabilitate this reservoir now rather than later. Council Member Sidhu asked how long the replacement lining would last and how this water was used; Ms. Edwards responded the lining would last fora 30 to 40 year time frame and this reservoir fed the pumping station in the hills to supply the residential drinking water and all of the fire hydrants. Council Member Sidhu was supportive in getting this project off the ground now and moved to approve Item No. 26, seconded by Council Member Kring. Roll call vote: Ayes - 4: Council Members: Galloway, Hernandez, Kring and Sidhu. Abstention - 1: Mayor Pringle. Noes - 0. Motion Carried. 30. Award the contract to the lowest responsible bidder, Great West Contractors, in the amount 4934 of $6,387,742, for the City Hall West refurbishment and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Marcie Edwards, Public Utilities General Manager explained it had been 16 years since City Hall West was constructed and staff recommended refurbishment of the facility including building out of the fifth floor office space, repairs to elevators and plumbing, changing out lighting for more energy efficient systems, enlarging and modifying the customer service center and creating cone-stop shop on the sixth floor to allow developers to deal with customer service, electrical engineering and November 27, 2007 -Page 11 water engineering in one location. She added the project would demonstrate the City's commitment to a green building program through the use of materials with recycle content and improved air quality and would be lead certified. Ms. Edwards remarked that the ability to do the project in its entirety allowed for significant savings with the project to be completed by the spring of 2009. Mayor Pringle expressed concern that the focus on streamlining building permits was taking place within departments housed in separate buildings rather than implementing a streamlined process in one location. He also stated that the cost of performing this modification on the sixth floor was not cost efficient when Council's ultimate goal was to have a process in one single location. He asked the City Manager to oversee this function within the various departments. Ms. Edwards remarked there was enough flexibility and design to hold off on the sixth floor remodel until a unified process was found. The City Manager stated that process was underway and those findings and recommendations would return to Council for consideration. Council Member Hernandez commented this project stimulated discussion about changing the name of City Hall West. He felt there should be one City Hall building and encouraged a dialogue be opened and extended to the public for an appropriate name change. Mayor Pringle concurred recommending it be placed on the December 11th agenda for discussion purposes. Council Member Hernandez moved to approve Item No. 30, seconded by Council Member Galloway. Council Member Kring voiced her support for the green project, recommending information on building green be placed in the quarterly newsletter. Council Member Sidhu felt the cost of the refurbishment should be done on a phased basis over a five year period especially since the electricity rate was just increased for rate users. Mayor Pringle recognized there had been a rate increase recently approved, but pointed out it was due to the cost of power being increased and the fact that the City had deferred maintenance of some of its facilities rather than increase rates earlier. Roll Call vote: Ayes - 4; Mayor Pringle, Council Members: Galloway, Hernandez, and Kring. Noes - 1: Council Member Sidhu. Motion Carried. 35. Approve two amendments to agreements with Mariposa Horticultural Enterprises, in the 4443.1 total amount of $100,000 (including taxes), for continued landscape maintenance for right- 4974.1 of-ways and street medians and authorize the Purchasing Agent to take necessary actions to implement the changes in the related Master Agreements, documents, and future contract renewal options. Council Member Kring removed this item from the consent calendar to ask the Public Works Department to consider using artificial grass and other drought tolerant plantings in the future because of the drought conditions southern California was facing. Mayor Pringle pointed out the entrance to Orangewood was the first application of artificial grass put in by the City as a trial project on an orphaned parkway and recommended that it be inspected from time to time to determine how it holds up before recommending its use elsewhere. Council Member Kring moved to approve Item No. 35, seconded by Council Member Sidhu. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried November 27, 2007 -Page 12 38. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY D155 OF ANAHEIM authorizing the periodic updating of the Anaheim Colony Historic District Qualified Historical Buildings List. Mayor Pringle remarked the historical buildings list had not been provided to Council and he would like more details included such as whether the list had grown or shrunk or properties had been removed. With no objection raised, Mayor Pringle continued this item to December 11, 2007. 39. RESOLUTION NO. 2007-215 A RESOLUTION OF THE CITY COUNCIL OF THE 1717 CITY OF ANAHEIM declaring its intention to amend the cable television franchise and establishing a time and date of a public hearing to consider such franchise amendment. Proposed public hearing scheduled for December 18, 2007. Tom Wood, Assistant City Manager, reported in 1979, Council adopted anon-exclusive cable television cable franchise with Storer Cable, subsequently bought out by Adelphia to adopt the terms and conditions upon which cable television was provided to residents of Anaheim. After cable industry consolidation and the buy-out of the Adelphia system and its assets, that agreement was now managed by Time Warner Cable. Since 2002, when that franchise expired, the City had been on a month to month franchise agreement and Mr. Wood pointed out, the resolution before Council set a hearing to consider a ten year extension of that franchise with Time Warner on terms and conditions consistent with the policy of Council which brings competition and choice to this function. Council Member Sidhu asked what the charges would be under this agreement. Mr. Wood responded that consistent with Council policy with both the AT&T agreement and the Earthlink agreement, this would eliminate the franchise fee so competition would be on a level playing field. Council Member Sidhu remarked these savings of 5 percent would be returned to the residents and supported adoption of RESOLUTION NO. 2007-215 OF THE CITY OF ANAHEIM declaring its intention to amend the cable television franchise and establishing a time and date for a public hearing to consider such franchise amendment, seconded by Council Member Kring. Mayor Pringle remarked he was supportive of the elimination of the franchise fee, because he felt this Council had made clear they want a variety of technology options for people to have Internet accessibility, television accessibility, and phone service accessibility from a variety of competitive means. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 51. RESOLUTION NO. 2007-223 A RESOLUTION OF THE CITY COUNCIL OF THE B137.1 CITY OF ANAHEIM, CALIFORNIA, approving the issuance by the Anaheim Redevelopment Agency of its 2007 Tax Allocation Refunding Bonds (Anaheim Merged Redevelopment Project Area) Series A and Series B (Taxable, and its 2007 Housing Tax Allocation Refunding Bonds (Anaheim Merged Redevelopment Project Area) Series C and Series D (Taxable) and making certain determinations relating thereto (related to Agency Item #4 and APFA Item #10). November 27, 2007 -Page 13 Elisa Stipkovich, Community Development Director, reported Item No's. 4, 10 and 51 related to the issuance of redevelopment bonds up to a maximum of $218 million for the purpose of refunding all existing Agency debt of approximately $150 million and borrowing of approximately $52 million in new monies to be used to pay off existing property acquisition loans with the remaining designated for public improvements and future property acquisitions. She added based on the Agency's earlier action to maximize the City's redevelopment program by merging all redevelopment project areas into one and extending the life of those project areas by 10 years, it was now possible to refinance the existing debt as well as issue new debt for the longer term utilizing all of the project area's revenue streams in order to support this bond issue. By taking this action, she remarked, the City would be lowering the annual debt service and still have the ability to issue new debt in the future as there was capacity remaining in redevelopment tax increment funds. She remarked if the Agency were to solely refinance existing debt, it would have resulted in an $8 million savings, however, because new monies were also borrowed, those savings would push out the debt service and the City would be getting a lower debt payment for the next 10 to 15 years. Mayor Pringle commented he was comfortable with the efforts of this finance team and would support the recommendation. He had participated in a rating agency meeting with the team as well as meeting with bond insurance companies in San Francisco. He stated that due to those efforts the City recently learned Standards and Poor's rating on this bond allocation had been increased from an A minus to an A, one of the strongest positions in the state. He pointed out that Anaheim had taken two actions most other cities had not taken, and that was to combine the redevelopment project areas together, the largest of which was the Canyon as it connected to the downtown area (Project Alpha) and the only area with existing debt. By combining all the project areas and merging them into one, the City was not tapping into the potential debt capacity which made this offering very strong. He added Anaheim was also the only city that took advantage of state law and extended the life of the project areas for ten years and this refinancing allowed reinvestment in the City by capturing additional revenues for those ten years. He believed this would benefit all Anaheim residents and commended staff for their actions. Council Member Sidhu requested a breakdown of the $218 million; Ms. Stipkovich responded the City would not know the exact amount until the date of issuance as it was dependent on interest rates and other factors. She indicated the maximum amount of the tax allocation bonds issued would be $218 million. Of that, $181.5 million would be for general redevelopment purposes, $44.8 million of which would be new monies and the remainder was for refinancing of existing debt. The housing bonds component reflected $36.5 million, most of which would be refunded and with $7.6 million allocated for affordable housing purposes. Council Member Sidhu remarked this was similar to a homeowner refinancing a mortgage loan, paying off credit card debt at the same time and resulting in an interest rate and payment that was lower than the initial mortgage payment and complimented staff on their efforts. Council Member Hernandez moved to approve RESOLUTION NO. 2007-223 OF THE CITY OF ANAHEIM, CALIFORNIA, approving the issuance by the Anaheim Redevelopment Agency of its 2007 Tax Allocation Refunding Bonds (Anaheim Merged Redevelopment Project Area) Series A and Series B (Taxable, and its 2007 Housing Tax Allocation Refunding Bonds (Anaheim Merged Redevelopment Project Area) Series C and Series D (Taxable) and making certain determinations relating thereto, seconded by Council Member Sidhu. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 52. 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 November 27, 2007 -Page 14 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. MOTION: H/S Mr. White, City Attorney, indicated this was the monthly public update concerning the Ramsgate area landslide. He indicated the matter was in litigation with various property owners in the area as well as the City of Anaheim which had been made a party defendant to that litigation sometime ago with the parties seeking to recover damages for the land movement on private property. As a result of on-going mediation, he indicated various other parties to the litigation were agreeable to dismissing the City of Anaheim from the litigation. The parties had yet, he reported, generated sufficient funds to provide for the repair of the slope or the private street, both the responsibility of the property owners in that area. Council Member Hernandez moved to continue the local emergency as identified in Item No. 52, seconded by Council Member Sidhu. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 53. Deny the request for a rehearing of Final Site Plan No. 2007-00007, Development Area P178 Plan for Development Area 5, Tentative Tract Map No. 17102 and Specimen Tree Removal Permit No. 2007-00003 pertaining to the Mountain Park Specific Plan (Council public hearing held October 23, 2007, Item #45). MOTION: WS Sheri Vander Dussen, Planning Director, reported Council had heard these applications and approved them at a recent Council meeting because RRM Properties Ltd. had appealed the Planning Commission's approval. RRM's issue was granting access across and through the Mountain Park development for the benefit of RRM's property which was nearby. She indicated Council ultimately approved the Mountain Park Project without the additional access provisions that were requested by RRM and their attorney had now requested a rehearing of Council's decisions. She stated staff believed the actions of the Council and the Planning Commission were consistent with the General Plan, the Specific Plan and with the prepared EIR and recommended denial of the rehearing request. Mayor Pringle indicated Council had received a one page letter from RRM Properties Ltd. on the rehearing and he personally did not feel any of the criteria for rehearing this matter had been found within the letter nor provided at the dais during public comments this evening. Council Member Kring moved to deny the rehearing, seconded by Council Member Sidhu. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried to deny the rehearing. 54. Review and provide further direction to staff concerning a possible billboard exchange D159 process to permit advertisers to propose the removal of certain existing billboards within the City in exchange for one or more freeway-oriented billboards. City Attorney Jack White reported Council had asked that a process be brought back by which Council could consider a possible billboard exchange program as a plan to reduce billboards throughout the City. He stated staff had provided for a process where the Planning Director could November 27, 2007 -Page 15 receive applications for an exchange of billboards by any company and would then be able to negotiate an exchange plan on an individualized basis with each company that would either be recommended for approval to the Council or rejected. If rejected, he remarked, the company would have a right to appeal that rejection to Council. The process also recommended Council include a threshold minimum exchange rate to consider negotiations with any company and those rates were specified in the report made to Council based upon information that had been supplied by expert consultants on comparable values for all types of billboards. He added the lowest end of those exchange rates were considered for the threshold. Council Member Galloway stated the citizen input received on this issue reflected that some residents did not want arterial billboards in the City and would concur with placing them on the freeways, while some residents did not want billboards at any location and recommended they be resolved through normal attrition. She asked Clear Channel to respond to those comments. Steve Sheldon, Clear Channel, responded that most of the boards that came down in the past 15 years did so with the I-5 widening and he believed the rest were legal nonconforming uses and would run with the land in perpetuity. He added it was Clear Channel's position that the City's consultant undervalued the billboards which affected the exchange ratio and he strongly emphasized the company would prefer negotiating that ratio as part of the exchange process, which was why he recommended Section 2B2 be removed from the proposal. He added Clear Channel would agree to a content filter clause stating no objectionable material would be advertised which had not-been referenced in the City's RFP. Mayor Pringle talked about the lengthy discussions that had occurred on both sides so far as to whether to consider a billboard exchange program. He felt the responses received so far were shallow and not what he expected in terms of an exchange ratio. He talked about the city of Los Angeles' proposed exchange ratio of 70:1 versus the responses received by Anaheim. Mr. Sheldon responded that many people supported the billboard exchange program and that his company had been asking to negotiate this issue with staff for many years. He added that the Los Angeles opportunity had not gone forward because billboard companies could not make that ratio pencil out, however, Los Angeles was now negotiating district by district rather than citywide for an exchange program. He commented Clear Channel's proposal was to remove every billboard they owned in the City in exchange for new structures on the freeway and hoped Council would allow the process to go forward. Council Member Kring remarked she would like the process to go forward mainly due to the residents who wanted to eliminate billboards in the inner circle. She remarked that a resident had pointed to billboards that were not maintained or blighted with graffiti and asked if Clear Channel maintained their boards. Mr. Sheldon responded their assets were well maintained and if graffiti occurred, his firm would abate that within 24 hours once notification had been made. Council Member Sidhu would not support the exchange program unless the exchange ratio component was right and moved to deny further consideration of a billboard exchange program, seconded by Mayor Pringle. Roll Call vote: Ayes - 2: Mayor Pringle and Council Member Sidhu. Noes - 3: Council Members: Galloway, Hernandez and Kring. Motion Failed. Council Member King moved to approve staff recommendation on Item No. 54, seconded by Council Member Hernandez. Roll Call vote: Ayes - 3; Council Members: Galloway, Hernandez, and Kring. Noes - 2: Mayor Pringle and Council Member Sidhu. Motion Carried November 27, 2007—Page 16 PUBLIC HEARINGS 55. This is a public hearing to consider the adoption of the 2007 edition of the California D159 Buildings Standards Code and the 2007 California Fire Code. ORD-6078 ORDINANCE NO. &Ng 6085 (ADOPTION) AN ORDINANCE OF THE CITY OF renumbered ANAHEIM repealing existing Chapter 15.02 and adding new Chapters 15.02, 15.03 and to ORD-6085 15.04 to Title 15 of the Anaheim Municipal Code adopting by reference with amendments upon Regulations, Title 24, incorporating the 2006 edition of the International Building Code adoption on including appendix Chapter I, the 2006 edition of the Uniform Mechanical Code, the 2006 12/11/2007. edition of the Uniform Plumbing Code, and the 2005 edition of the National Electrical Code (Introduced at the meeting of November 6, 2007, Item #20). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM setting forth local conditions justifying Amendments to the 2007 edition of the California Building Standards Code, known as California Code of Regulations, Title 24, incorporating the 2006 edition of the International Building Code including Appendix Chapter I, the 2006 edition of the Uniform Mechanical Code, the 2006 edition of the Uniform Plumbing Code, and the 2005 edition of the National Electrical Code. ORD-6079 ORDINANCE NO. 699 6086 (ADOPTION) AN ORDINANCE OF THE CITY OF renumbered ANAHEIM AN ORDINANCE OF THE CITY OF ANAHEIM repealing existing Chapter 16.08 to ORD-6086 and adding new Chapter 16.08 of the Anaheim Municipal Code adopting by reference with upon amendments the 2007 California Fire Code, incorporating by reference the 2006 edition of adoption on the International Fire Code, with California amendments, as codified within Part 9, Title 24 12/11/2007. of the California Code of Regulations (Introduced at the meeting of November 6, 2007, Item #20). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM setting forth local conditions justifying amendments to the 2007 edition of the California Fire Code incorporating by reference the 2006 International Fire Code with California amendments as codified in the California Building Standards Code, Part 9, Title 24 of the California Code of Regulations). This item continued to December 11, 2007 meeting. 56. CEQA NEGATIVE DECLARATION C220 WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3124 ZONING CODE AMENDMENT NO. 2007-00063 OWNER: Brandon Rainone, Outer Spring Volcano LP, 3364 East La Palma Avenue, Anaheim, CA 92806-2814 AGENT: Brandon Rainone, 3364 East La Palma Avenue, Anaheim, CA 92806 LOCATION: 3364 East La Palma Avenue: Property is approximately 2.8 acres, having a frontage of 252 feet on the north side of the Riverside (SR-91) Freeway, a maximum depth of 524 feet, and is accessed via a 652 foot long, 32 foot wide ingress/egress easement on the south side of La Palma Avenue, 1,240 feet east of the centerline of Shepard Street. Conditional Use Permit No. 2007-05209 - Request to remodel an existing bowling facility including an expansion for a management office, four telecommunications towers and two November 27, 2007 -Page 17 electronic reader board signs with waivers of (a} minimum number of parking spaces, (b) floor area ratio and (c) maximum number and size offreeway-oriented signs. Zoning Code Amendment No. 2007-00063 -Request to amend the sign code to permit marquee or electronic reader board signs in conjunction with bowling and billiards facilities with other uses subject to a conditional use permit. ACTION TAKEN BY THE PLANNING COMMISSION: Approved CEQA Negative Declaration (7 yes votes) Approved, in part, Waiver of Code Requirement, approving waivers (a) and (b) and approved, in part, waiver (c) (7 yes votes) Granted Conditional Use Permit No. 3124, in part (5 yes votes, 2 no votes. Commissioner Romero and Velasquez voted no) (PC2007-112) Denied Zoning Code Amendment No. 2007-000063 (5 yes votes, 2 no votes. Commissioner Faessel and Commissioner Velasquez voted no). (Planning Commission meeting of October 1, 2007) (Appealed by Applicant, Concourse Bowling). MOTION: CEQA NEGATIVE DECLARATION MOTION: WAIVER OF CODE REQUIREMENT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM granting Conditional Use Permit No. 3124, in part, and amending certain conditions of approval of Resolution No. 89R-243, as previously amended. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF THE CITY OF ANAHEIM amending various sections of Title 18 of the Anaheim Municipal Code relating to zoning and development standards (Zoning Code Amendment No. 2007- 00063). This item continued to the meeting of December 11, 2007. 57. This is a public hearing to consider the repeal of General Plan Amendment No. 2006- C410 00448, and withdraw the referendum measure from the June 3, 2008 election, relating to the 26.7-acre site in the Anaheim Resort generally located south of Katella Avenue and east of Haster Street (the "SunCal site"): RESOLUTION NO. 2007-224 Finding and determining that certain proposed actions by the City Council repealing Anaheim General Plan Amendment No. 2006-00448 and Amendment No. 8 to the Anaheim Resort Specific Plan and withdrawing a referendum measure concerning said General Plan Amendment from the June 3, 2008 election do not individually or collectively constitute a "project" subject to, and within the meaning of the California Environmental Quality Act ("CEQA"), and that said proposed actions are exempt from CEQA, and that no further environmental review is therefore required. RESOLUTION NO. 2007-225 Repealing Resolution No. 2007-0052 and rescinding approval of the Addendum to the Mitigated Negative Declaration and Updated and Modified Mitigation Monitoring Plan heretofore approved in connection with Anaheim General Plan Amendment No. 2006-00448 and Amendment No. 8 to the Anaheim Resort Specific Plan. November 27, 2007 -Page 18 RESOLUTION NO. 2007-226 Repealing Resolution No. 2007-053 and General Plan Amendment No. 2006-00448 relating to the Land Use Element of the Anaheim General Plan. RESOLUTION NO. 2007-227 Withdrawing the referendum measure previously ordered submitted to the voters of the City of Anaheim relating to Anaheim General Plan Amendment No. 2006-00448; amending Resolution No. 2007-161 accordingly; and repealing Resolutions Nos. 2007-162 and 2007-163. MOTION K/S Initiating the repeal of Amendment No. 8 to the Anaheim Resort Specific Plan and referring such matter to the City staff and Planning Commission for further proceedings and recommendation. Jack White summarized Council had previously approved a general plan amendment to permit wholly residential development on a certain parcel in the Anaheim Resort. As a result of that action, a referendum petition was filed which by law suspended the effectiveness of that amendment and required the city to either schedule a referendum election or repeal the general plan amendment. The Council at that time chose to schedule an election on June 2008. Thereafter, Council received a letter from SunCal Companies, the real party of interest, indicating that the company was no longer seeking nor advocating city approval of the actions necessary to permit wholly residential development on the property. As a result of that letter, the Council at its last meeting asked that the necessary actions to repeal General Plan Amendment No. 2006- 00448 and withdraw the referendum measure be provided. Mayor Pringle opened the public hearing. Todd Emmitt, SOAR coalition/Anaheim Chamber of Commerce, expressed sincere appreciation to Council for rescinding its vote for residential zoning in the resort area. Craig Farrell, resident, thanked Council for reconsidering this vote. Reid Royalty, OC Taxpayer Association, congratulated Council for repealing this measure. Jim Adams, LA/OC Building Trades/resident, supported Council's decision to rescind the general plan amendment. He added he would also support approval of an initiative that any further zoning change in the Resort district must be approved by the voters. Gail Eastman, representing the Planning Commission, commended Council for their courage in reversing this decision. Stan Polowski, thanked Council for considering the repeal of the general plan amendment and withdrawing the referendum from the June 2008 ballot. Larry Schlagle, Visitors & Convention Bureau, supported the repeal of the general plan amendment. Brian Freeman, resident, supported the repeal of the general plan amendment and recommended that each resident become more involved in city government. Patrick Pepper, resident, supported the amendment repeal and hoped the community could work together to address some of the issues identified during this process. November 27, 2007 -Page 19 Eric Altman, OCCORD, felt the general plan amendment was a smart and just policy and urged Council to stay strong and actin the long term best interests of the entire community. Caesar Covarrubias, Kennedy Commission, spoke of the need for affordable housing and hoped the business community would put the same efforts and energy into finding a solution for those that work and serve Anaheim. With no other public comments offered, Mayor Pringle closed the hearing. Council Member Galloway stated it was her duty to make balanced decisions to advance policy objectives to create housing for all income levels and that she would not support rescinding the general plan amendment for housing in the Resort district. Council Member Kring reiterated a comment made earlier that sometimes you had to step back in order to move forward. She explained she had originally voted for the amendment and had worked toward finding a compromise that would be accepted by both sides. Since SunCal withdrew their interest, she would vote to rescind approval of the general plan amendment to protect the Resort district. She then moved to approve the following: RESOLUTION NO. 2007-224 finding and determining that certain proposed actions by the City Council repealing Anaheim General Plan Amendment No. 2006-00448 and Amendment No. 8 to the Anaheim Resort Specific Plan and withdrawing a referendum measure concerning said General Plan Amendment from the June 3, 2008 election do not individually or collectively constitute a "project" subject to, and within the meaning of the California Environmental Quality Act ("CEQA"), and that said proposed actions are exempt from CEQA, and that no further environmental review is therefore required; RESOLUTION NO. 2007-225 repealing Resolution No. 2007-0052 and rescinding approval of the Addendum to the Mitigated Negative Declaration and Updated and Modified Mitigation Monitoring Plan heretofore approved in connection with Anaheim General Plan Amendment No. 2006-00448 and Amendment No. 8 to the Anaheim Resort Specific Plan; RESOLUTION NO. 2007-226 Repealing Resolution No. 2007-053 and General Plan Amendment No. 2006-00448 relating to the Land Use Element of the Anaheim General Plan; RESOLUTION NO. 2007-227 withdrawing the referendum measure previously ordered submitted to the voters of the City of Anaheim relating to Anaheim General Plan Amendment No. 2006- 00448; amending Resolution No. 2007-161 accordingly; and repealing Resolutions Nos. 2007-162 and 2007-163; and to Initiate the repeal of Amendment No. 8 to the Anaheim Resort Specific Plan and referring such matter to the City staff and Planning Commission for further proceedings and recommendation, seconded by Council Member Sidhu. Council Member Sidhu supported the repeal and encouraged the community to work together to find affordable housing solutions. Council Member Hernandez remarked he had campaigned for more housing in the City and would work toward that goal and would not support the repeal. Mayor Pringle hoped the SOAR coalition stayed together and the neighborhoods and groups remained focused on the economic vitality of Anaheim. He believed Anaheim was in a much better place than neighboring cities due to the efforts of the community and its city leaders. Roll Call vote: Ayes - 3; Mayor Pringle, Council Members Kring and Sidhu. Noes -Council Members Galloway and Hernandez. Motion carried. November 27, 2007 -Page 20 Report on Closed Session Actions: None Council Communications: Council Member Hernandez complimented staff on the success of the Golden Guardian exercise. Council Member Galloway attended the Maxwell Park groundbreaking ceremony remarking that she looked forward to attending the ribbon cutting ceremony for the opening of the expanded park which would benefit the lives of those who live in the surrounding area. Council Member Sidhu also attended the ceremony, pointing out it would be a 22-acre park once completed. Council Member Kring encouraged the community to attend the various tree lighting ceremonies being held in December in Anaheim as well as the Christmas program being held at the University of Hope. Mayor Pringle addressed Orange County Transportation Authority's efforts to improve the movement of goods from the port of Long Beach to San Bernardino and the traffic signalization pilot study results on Euclid Street through various County cities. He also thanked staff for arranging the recently hosted Engineering Business Conference. Adjournment: With the consent of Council, Mayor Pringle adjourned the November 27th Council meeting at 9:24 P.M. Res c Ily submitted, Linda Nguyen, Jerk