2012/12/18ANAHEIM CITY COUNCIL REGULAR AND
REGULAR ADJOURNED MEETING OF DECEMBER 18, 2012
The regular meeting of December 18, 2012 at 3:00 P.M. was adjourned to 3:30 P.M. for lack of
quorum. The December 18, 2012 regular adjourned meeting was then called to order at 3:31
P.M. in the chambers of Anaheim City Hall, located at 200 Anaheim Boulevard.
Present: Mayor Tom Tait and Council Members: Jordan Brandman, Gail Eastman, Lucille
Kring, and Kris Murray
Staff Present: City Manager Bob Wingenroth, City Attorney Cristina Talley, and City Clerk Linda
Andal
A copy of the agenda was posted on December 14, 2012 on the kiosk outside City Hall.
ADDITIONS /DELETIONS TO CLOSED SESSION None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
At 3:32 P.M. Mayor Tait recessed to closed session for the following items:
CLOSED SESSION:
CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Moreno et al. v. City of Anaheim, Orange County Superior Court Case
No. 2012 - 00579998
2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Government Code Section
54956.9: 1 potential case
3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Wilson v. City of Anaheim, Orange County Superior Court Case No.
2012 - 00614516
4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Orange County Communities Organized for Responsible Development
et al. v. City of Anaheim et al., Orange County Superior Court, Case No. 00549175
At 5:07 P.M., Council session was reconvened.
INVOCATION: David Lazo, Church of Power Christian Fellowship
FLAG SALUTE: Council Member Gail Eastman
PRESENTATIONS: Recognizing the winners of the Anaheim Beautiful Holiday Lights
Contest
Council Minutes of December 18, 2012
Page 2 of 21
Sandra Sagert, representing Anaheim Beautiful, recognized those residences and businesses
receiving Holiday Lights awards.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Recognizing Bill Gunderson on his retirement from the Anaheim
Marriott
Recognizing the Ovarian Cancer Orange County Alliance and
their Board of Directors
Recognizing Alpha Phi Omega on their 42nd Biennial National
Convention
ADDITIONS /DELETIONS TO THE AGENDA City Clerk Linda Andal announced that the
appellant requested the continuation of Public Hearing Item No. 30 to January 15, 2013 and
with no objections raised, the hearing was continued by Mayor Tait.
PUBLIC COMMENTS:
Cecil Jordan Corcoran, Outreach Homeless Ministries, reported on his recent anti -gang
activities.
John Dunn, resident, recommended an executive committee appointed by the city council and
comprised of non - profit representatives, be established to help raise funds and provide
assistance to residents of Anaheim's disadvantaged communities. He added the Chamber of
Commerce and the business community were interested in assisting in this endeavor.
James Robert Reade identified gang members and their specific relationships within the
community.
Ron Bengochea, resident, addressed his remarks to the recent court ruling regarding the $158
million hotel tax subsidy, encouraging this council to refrain from considering future developer
support of this nature.
Glen Forsythe, resident, requested the city's assistance with rental problems occurring in the
Rio Vista Mobile Home Estate Parks. He stated properties were being surrendered as residents
could not afford the annual seven percent increase. Mayor Tait requested staff look into those
concerns and respond to Mr. Forsythe.
Pastor Steeler spoke about her mission to provide services to families in hotels on Beach
Boulevard and urged the city to allow her this opportunity.
Michael Buss, Anaheim Arts Council, discussed the need for a performing arts center in
Anaheim to house the Orange County Symphony orchestra and the Anaheim Ballet. He
indicated a proposal would be submitted for council's consideration and cognizant of the
financial burdens of the city, he encouraged council to make arts and a performing arts center
an important aspiration.
Genevieve Huizar addressed her comments to the death of her son, Manuel Diaz, its impact on
her life and her future.
Council Minutes of December 18, 2012
Page 3 of 21
Donna Acevedo introduced herself to the newly - elected council members, speaking of the death
of her son Joel and other police officer involved shootings and subsequent harassment.
Renee, a concerned citizen of Orange County, remarked community activists had approached
the city back in October of 2011 asking that police officer involved shootings be stopped. She
added the lack of response from the city was unacceptable and called for a change in Police
Department management.
Teresa Smith, resident, urged council members to visit the local neighborhoods and speak to
the youths to understand what was happening in the communities, stating it was the only way to
rebuild trust in a community now fearful of police officers.
Dorothy Rose announced the grand opening of the Grand Plaza at the Convention Center on
January 12th to celebrate a new outdoor venue and showcasing the Orange County Symphony
to all attendees.
Terry Jacobson, J7 Architecture, reported City staff had provided exemplary service over the
last four years with the renovation of the Eastside Christian Church on the former Boeing site.
He added staff encouraged and enabled revitalization and development and epitomized the
city's culture of kindness.
William Fitzgerald, Anaheim Home, predicted council would approve Item No. 33 even though
he believed the environmental impact report did not address the impacts of air pollution from
Disney fireworks displays and that the cumulative effects of this pollution caused respiratory
problems to residents of nearby neighborhoods.
An unidentified individual welcomed Council Members Brandman and Kring, urging they
consider providing a meeting space for a grief support group related to the families of officer
involved shootings.
Joanne Sosa, Take Back Anaheim, addressed the recent court ruling on the hotel subsidy
agreement that was deemed null and void. She assured council that the majority of the
Anaheim community did not support subsidizing development with transient occupancy taxes
and would be watching to insure this type of action did not occur again.
David Diaz, resident, objected to an earlier speaker politicizing the recent candlelight vigil in
remembrance of the victims of the Newtown, Connecticut tragedy.
Ed Perez, resident and businessman, .urged council's support for passage of Item Nos. 32 and
33 to keep the Anaheim Resort District strong and to create a robust environment for
development.
Bill Grisolia, addressed the court decision to overturn the hotel subsidy and urged council to
consider responsible development in the future.
CONSENT CALENDAR: At 6:06 P.M., the Consent Calendar was considered. Council
Member Brandman removed Item Nos. 8, 9, 10, 12, 13 and 21 for further discussion. Council
Member Kring indicated she would abstain on Item No. 27 and then waived reading in full of all
ordinances and resolutions and to approve the balance of the consent calendar as presented,
seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council
Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried
Council Minutes of December 18, 2012
Page 4 of 21
1. Receive and file minutes of the Cultural and Heritage meeting of September 20, 2012,
8105 Library Board meeting of October 8, 2012, Sister City Commission meeting of October
22, 2012, and Public Utilities Board meeting of October 24, 2012.
D159 2. Receive and file the status report on the City's graffiti removal contract.
D117 3. Approve the Investment Portfolio Report for November 2012.
D117 4. Approve the 2013 Investment Policy.
D180 5. Accept the lowest responsive bid of Ari -Thane Foam Roofing, Inc., in an amount not to
exceed $452,648, for roofing services at various locations, in accordance with Bid #
7734.
6. Accept the lowest responsive bid and approve an Agreement with Marina Landscape,
Inc., in an amount not to exceed $378,735, for landscape maintenance services for the
Public Works Department for a one year period with up to four one -year optional
AGR -7408 renewals and authorize the Purchasing Agent to exercise the renewal options, in
accordance with Bid #7786.
7. Award the contract to the lowest responsible bidder, Vasilj, Inc., in the amount of
$3,949,970, for the Citywide Sanitary Sewer Improvement Program /Project Group 5,
Model 7 at Romneya Drive, Anaheim Boulevard, Commercial Street and Patt Street and
AGR -7409 authorize the Finance Director to execute the Escrow Agreement pertaining to contract
retentions.
11. Approve the freeway maintenance agreement with the State of California, Department of
AG R-7412 Transportation, to define changes made in control and maintenance requirements of a
portion of Interstate 5 due to the Katella Avenue widening project.
14.
Approve and authorize the Director of Public Works to execute Contract Change Order
AGR - 6796.0.2
No. 2 and any related documents, in the amount of $204,227.52, in favor of Marina
Landscape, Inc., for Anaheim Coves landscape and a two year plant establishment
project.
15.
Approve and authorize the Planning Director to execute the First Amendment to
Professional Services Agreement with Jon S. Traw, P.E., in the amount of $67,000, for
AGR- 7053.A.1
building official services.
16.
Approve a License Agreement with the Anaheim Family YMCA to have free use of the
AGR -7414
gymnasium at the Downtown Anaheim Youth Center and West Anaheim Youth Center
1
during specified use hours and to rent the gymnasium at a reduced rate of $30.00 per
hour during scheduled hours when the facilities would normally be closed.
17.
Approve and authorize the Director of Community Services to execute Amendment No.
2 to Property Operating Agreement with Muzeo Foundation for the continued operation
AGR - 4839.2
of the Muzeo and authorize an increase in the Community Services budget appropriation
for fiscal year 2012/13 in the amount of $200,000.
18.
Approve and authorize the Public Utilities General Manager to execute and take
AGR- 2752.A
necessary actions to administer and implement the Amended and Restated
Transmission Control Agreement (Amended TCA), and any related documents, by and
among the California Independent System Operator Corporation and the Transmission
Council Minutes of December 18, 2012
Page 5 of 21
Owners, including the City, and approve and authorize the Public Utilities General
Manager to execute and deliver future amendments to the Amended TCA that seek only
to add additional participating transmission owners (PTOs), but only to the extent that
the addition of those future PTOs are in the best interests of Anaheim.
19.
Approve and authorize the Public Utilities General Manager to execute and take the
AGR- 7415.A
necessary actions to implement and administer the Amended and Restated Purchase
Order, and related documents, with Metropolitan Water District of Southern California
(MWD) to obtain imported water from MWD through December 31, 2014.
20.
Approve and authorize the Human Resources Director to execute agreements with 12
temporary employment agencies for the acquisition of temporary contract labor during
D154
calendar year 2013 (Abbott Staffing Group, Advanced Resources, LLC, Aerotek, Apple
One Employment Services, Devon & Devon, Darnell Technical Services, Inc., Manpower
Group, Pathway Group, P.I.E. Management, Project Partners, Rainmaker Staffing, and
Volt Workforce Solutions).
22.
RESOLUTION NO. 2012 -148 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
P124
certain real properties or interests therein. (City Deed Nos. 11519, 11520, and 11521).
23.
RESOLUTION NO. 2012 -149 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM requesting temporary closures to Caltrans 1 -5 offramps for
8100
Tinker Bell Half Marathon (January 20, 2013; Southbound 1 -5 at Harbor Boulevard,
Northbound 1 -5 at Harbor Boulevard, Southbound 1 -5 at Disney Way).
24. RESOLUTION NO. 2012 -150 A RESOLUTION OF THE CITY COUNCIL OF
D175 THE CITY OF ANAHEIM designating Lorena Drive from Velare Street to east end of
Lorena Drive as "Permit Parking Only" street within Permit - Eligible Parking District No.
11.
25. RESOLUTION NO. 2012 -151 A RESOLUTION OF THE CITY COUNCIL OF THE
D113 CITY OF ANAHEIM approving amendments to the conflict of interest code for the city
and various city agencies.
26. ORDINANCE NO. 6261 (INTRODUCTION) AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ANAHEIM amending various Chapters of Titles 4 and
M142 18 of the Anaheim Municipal Code, nunc pro tunc, to correct clerical errors in Ordinance
No. 6245, previously adopted (Regulatory Relief Task Force Recommendations).
27. Approve minutes of the Council meeting of November 13, 2012 and November 20, 2012.
Council Member Kring abstained on this item as she was not present during the meetings. Roll
Call Vote: Ayes — 4: (Mayor Tait and Council Members: Brandman, Eastman and Murray).
Noes — 0. Abstention — 1: Council Member Kring. Motion to approve carried.
END OF CONSENT CALENDAR
8. Award the contract to the lowest responsible bidder, Paulus Engineering, Inc., in the
amount of $1,591,116, for the Citywide Sanitary Sewer Improvement Program /Project
AGR -7410 Group 5, Model 38 at Lincoln Avenue from Magnolia Avenue to Gilbert Street and street
improvements at Lincoln Avenue from 600 feet west of Magnolia Avenue to Brookhurst
Council Minutes of December 18, 2012
Page 6 of 21
Street and authorize the Finance Director to execute the Escrow Agreement pertaining
to contract retentions.
Natalie Meeks, Public Works Director, explained the contract reflected a continuation of a sewer
program which began in 2007. She noted sewer bonds had been sold to address deficiencies
citywide due to capacity and age and because of the favorable construction climate, additional
projects addressing deficiencies, including Item No. 8, stretched those dollars further.
Council Member Brandman moved to approve Item No. 8, seconded by Council Member
Eastman. Roll Call Vote: Ayes — 5: (Chairman Tait and Council Members: Brandman,
Eastman, Kring and Murray) Noes — 0. Motion Carried.
9. Approve the Agreement for Acquisition of Real Property with Frenzy Partners, LLC, in
the amount of $277,960, for property located at 1300 North Lakeview Avenue for the
AGR- 7084.1 Lakeview Avenue Widening south of the OC Bridges Grade Separation Project and
authorize payment of $55,592 to Frenzy Partners, LLC and $222,368 to Zion Bank
(RMACQ2010- 00420).
Natalie Meeks, Public Works Director, reported the property identified for acquisition was for a
single property on Lakeview Avenue. OCTA was in the process of completing a number of
grade separations and with this construction, she remarked, there was one property that created
a bottleneck on Lakeview. Acquiring this property would eliminate the bottleneck and would be
paid by grant funding through OCTA. She noted staff had negotiated a settlement and would
move forward with this project with an estimated completion date of 2015.
Council Member Eastman moved to approve Item No. 9, seconded by Council Member Murray.
Roll Call Vote: Ayes — 5: (Chairman Tait and Council Members: Brandman, Eastman, Kring and
Murray) Noes — 0. Motion Carried
10. Approve the At -Grade Crossing Agreement with the Union Pacific Railroad Company, in
the total amount of $722,973 including $46,000 for an easement dedicated for road and
AGR -7411 public utility purposes, for property located on Brookhurst Street north of Crestwood Na
Lane for the Brookhurst Street Widening Project from Ball Road to Katella Avenue.
Natalie Meeks, Public Works Director, reported this agreement would allow the Brookhurst
Widening project to move forward with construction anticipated this summer from Ball Road to
Katella Avenue. An agreement was required for access to the railroad property and for the
reconstruction of the railroad crossing permitting the city to construct, maintain, and repair the
roadway spanning the crossing area. Council Member Brandman asked what improvements
this project would bring to the community with Ms. Meeks responding this area of Brookhurst
had been considered a bottleneck causing traffic congestion between the 1 -5 and Beach
Boulevard. This agreement would alleviate the problem once the project was completed in
2014.
Council Member Brandman moved to approve Item No. 10, seconded by Council Member
Eastman. Roll Call Vote: Ayes — 5: (Chairman Tait and Council Members: Brandman,
Eastman, Kring and Murray) Noes — 0. Motion Carried.
Council Minutes of December 18, 2012
Page 7 of 21
12. Approve the Professional Services Agreement with Joseph C. Truxaw and Associates,
Inc., in an amount not to exceed $630,000, for design services for the Anaheim Canyon
AGR -7413 Metrolink Pedestrian Improvement Project - Phase 3.
Natalie Meeks, Public Works Director, remarked this agreement was a continuation of a
pedestrian improvement project to provide new sidewalks for pedestrian access connecting
major arterial streets in the Anaheim Canyon area, a vital component of the recently developed
Anaheim Canyon Transit Master Plan. She noted the project was fully funded by an Economic
Development grant for $7 million and that Phase 3 would improve access for pedestrians,
constructing six miles of sidewalks in an area that initially contained no sidewalks.
With no other discussion, Council Member Kring moved to approve Item No. 12, seconded by
Council Member Eastman. Roll Call Vote: Ayes — 5: (Chairman Tait and Council Members:
Brandman, Eastman, Kring and Murray) Noes — 0. Motion Carried.
13. Approve the agreement with the Anaheim Transportation Network for the Anaheim
Canyon Rail Feeder Service to implement the OCTA Measure M2 Project S (Transit
AGR- 7295.1 Extensions to Metrolink) grant program and authorize the Director of Public Works to
take such actions as necessary to implement the agreement.
Natalie Meeks, Public Works Director, explained this agreement reflected a project designed to
encourage ridership at the Anaheim Canyon Train Stations. Currently, Anaheim, in conjunction
with the ATN, provided a shuttle service between the Canyon Station and Downtown Anaheim.
OCTA's grant provided an opportunity to expand this service by adding additional stops and
serving more riders. She indicated the shuttle bus that operated on a shorter route was
successful with standing -room only on the bus and the expanded service would meet four trains
in the morning and three trains in the afternoon and should enjoy similar success. The
Department would submit reports within the next year to OCTA to verify riderships.
Council Member Brandman moved to approve Item No. 13, seconded by Council Member
Murray. Roll Call Vote: Ayes — 5: (Chairman Tait and Council Members: Brandman, Eastman,
Kring and Murray) Noes — 0. Motion Carried.
21. Approve and authorize the City Manager to execute and administer the Workforce
Investment Act Subrecipient Agreements with North Orange County Regional
AGR- 4916.D Occupational Program and Orange County Conservation Corps. to operate
AGR- 6021.0 comprehensive youth development programs through June 30, 2014 for eligible youths
ages 16 -21.
John Woodhead, Executive Director of Community Development, reported the Workforce
Investment Board released request for proposals to solicit bidders qualified to operate a
comprehensive youth development program. The Board approved funding and selection of the
North Orange County Occupational Program ( NOCROP) and Orange County Conservation
Corps (OCCC) per requirements of the competitive RFP procurement process. The Anaheim
Youth Council selected NOCROP to serve in- school youth and OCCC for out -of- school youth.
These contracts, he added, would provide NOCROP up to a maximum of $474,895 and OCCC
up to a maximum of $316,596 to begin broad youth services programs through the end of June,
2014. Economically disadvantaged youths would receive services to prepare them for further
education, job training and successful transition into the work force.
Council Minutes of December 18, 2012
Page 8 of 21
Council Member Brandman remarked he had the privilege of serving on the school board and
as trustee for NOCROP, he and looked forward to the success of these programs and a
continuing relationship with the providers. Council Member Brandman then moved to approve
Item No.21, seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Chairman Tait
and Council Members: Brandman, Eastman, Kring and Murray) Noes — 0. Motion Carried.
28. ORDINANCE NO. 6260 (ADOPTION) AN UNCODIFIED URGENCY ORDINANCE
OF THE CITY OF ANAHEIM authorizing an amendment to the contract between the City
D154 of Anaheim and the Board of Administration of the California Public Employees'
Retirement System (A copy of the full text of the proposed Ordinance is available for
review in the Office of the City Clerk).
Council Member Kring moved to adopt ORDINANCE N0. 6260 OF THE CITY OF ANAHEIM
authorizing an amendment to the contract between the City of Anaheim and the Board of
Administration of the California Public Employees' retirement System, seconded by Council
Member Eastman. Mayor Tait remarked he would record a no vote on this item to be consistent
with his prior vote. Roll Call Vote: Ayes — 4 (Council Members: Brandman, Eastman, Murray
and Kring). Noes — 1: Mayor Tait. Motion Carried.
29. Nominate and appoint a Council Member to serve as Mayor Pro Tem for the 2013
D114 calendar year.
Appointment: Gail Eastman
Council Member Murray nominated Gail Eastman to serve as Mayor Pro Tem for the 2013
calendar year, seconded by Lucille Kring. With no other nominees offered, Gail Eastman was
unanimously appointed to the position of Mayor Pro Tem.
PUBLIC HEARINGS:
30. Appellant requests continuance to the Council meeting of January 15, 2013.
VARIANCE NO. 2012 -04899 (DEV2010- 00113A)
C250 OWNER: The Church in Anaheim, 2528 West La Palma Avenue, Anaheim, CA 92801
APPLICANT: The Church in Anaheim, John Pester, 2431 West La Palma Avenue,
Anaheim, CA 92801
LOCATION: 2560 East La Palma Avenue
To permit a six -foot high fence within the required front setback area of an existing
church.
Environmental Determination: The proposed action is Categorically Exempt from the
requirement to prepare additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved staffs recommendation to deny Variance No. 2012 -04899 - Resolution No.
PC2012 -079 (VOTE: 6 -1; Chairman Ramirez and Commissioners Agarwal, Faessel,
Lieberman, Persaud and Seymour voted yes. Commissioners Bostwick voted no)
(Planning Commission meeting of November 5, 2012) (Appealed by John Pester, The
Church in Anaheim)
Item No. 30 was continued to January 15, 2013.
Council Minutes of December 18, 2012
Page 9 of 21
31. VARIANCE NO. 2012 -04906 (DEV2012- 00088)
OWNER: Alemi Properties, Farhad Tale - Yazdi, 1500 W. Embassy Street, Anaheim, CA,
92802
APPLICANT: Bob Packham, 18010 Afria Maru Lane, Carson, CA 90746
LOCATION: 2995 East White Star Avenue located at the southern terminus of East
C250 White Star Avenue
To construct a wall sign larger than allowed by Code.
Environmental Determination: The proposed action is Categorically Exempt from the
requirements to prepare additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines, Class 11 (Accessory Structures).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved staffs recommendation to deny Variance No. 2012 - 04906.
VOTE: 3 -2. Chairman Ramirez and Commissioners Lieberman and Seymour voted
yes. Commissioners Faessel and Persaud voted no. Commissioners Agarwal and
Bostwick were absent (Planning Commission Meeting of October 22, 2012) (Appealed
by Stephen Pryzybocki).
RESOLUTION NO. 2012 -152 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM denying Variance No 2012 -04906 and making certain findings
in connection therewith.
Sheri Vander Dussen, Planning Director, reported the applicant appealed the Planning
Commission denial of a variance for a sign larger than permitted by the zoning code on the
Dollar Loan Center property located east of White Star Avenue and north of the Riverside
Freeway. She explained the zoning code allowed one square foot of sign area for each lineal
foot of building elevation and since this tenant's building was 70 feet, a 70 foot square sign was
permitted. To allow a larger sign, the applicant requested approval of a variance with the
justification that other properties in the area had signs larger than permitted by code. She
pointed out those other signs were permitted under old code standards which had since been
revised to insure all tenants within a multi- tenant building were treated the same. To approve a
variance, Ms. Vander Dussen remarked, council must make two findings: 1) that there were
special circumstances that applied to the subject property that did not apply to other properties
with identical zoning classifications in the vicinity of the site and 2) that because of these special
circumstances the strict application of the zoning code would deprive the property of privileges
enjoyed by other properties in the vicinity of the same zoning. The purpose of these code
standards, she pointed out, was to allow signs to provide clear identification of individual
businesses while minimizing clutter along public streets and freeways. She noted although the
property was irregularly shaped, it was comparable in size and shape to nearby properties and
the shape did not affect the building's visibility from the adjacent freeway and although the
permitted sign was smaller than neighboring signs, this sign was still visible from the freeway.
She added, for those reasons, the Planning Commission found the business was not being
denied a privilege enjoyed by others in the same zoning district. A video taken from the
adjacent freeway was then presented which depicted the subject sign as well as surrounding
business signs for council's review.
Ms. Vander Dussen ended the presentation stating the Planning Commission determined that
neither of the two required findings for a variance could be made and denied the proposed
variance and also recommended city council uphold the Commission's actions and deny the
appeal.
Mayor Tait opened the hearing, inviting the appellant to speak.
Council Minutes of December 18, 2012
Page 10 of 21
Stephen Pryzybocki, representing Dollar Loan Center, believed special circumstances existed at
this site as there was no direct public access viewing of the property; that is the building could
not be seen from any location where the site could actually be accessed. He offered photos and
a video of access locations for the property to illustrate his point. For this reason, he believed
there were special circumstances of the property which deprived it of privileges enjoyed by other
businesses in that vicinity. Additionally, he pointed out the code stated a sign was limited to the
name of the business and general services provided and Dollar Loan wished to put
"Don'tBe Broke. com" as their sign, a registered trademark of Dollar Loan Center, and used as
part of the logo and in all their advertising.
William Fitzgerald, Anaheim Home, opposed signs which degraded the flatlands of Anaheim
with more clutter.
Stephen Pryzbocki responded the proposed sign would be an upgrade to what was currently
viewed, adding that the company occupied the property, employed 15 people and was seeking
to operate a profitable business at that location.
With no other comments offered, Mayor Tait closed the public hearing.
Council Member Eastman suggested changing the current sign color to allow the letters to stand
out in a more visible manner. Council Member Kring inquired whether signage details were
limited by Code with Ms. Vander Dussen replying, the Department was wary of trying to limit the
content of signs and as Don't Be Broke was a registered trademark associated with the
company name, staff was not contesting their ability to display those words. Council Member
Kring concurred that the current sign color should be changed as it blended in with the building
facade.
Mayor Tait did not feel this property was any different from adjoining properties and moved to
approve RESOLUTION NO. 2012 -152 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM denying Variance No. 2012 -04906 and making certain findings in
connection therewith, seconded by Council Member Kring. Roll Call Vote: Ayes — 5: (Mayor Tait
and Council members: Brandman, Eastman, Kring and Murray. Noes — 0. Motion approved.
32. GENERAL PLAN AMENDMENT NO. 2012 -00486
ZONING CODE AMENDMENT NO. 2012 -00107
MISCELLANEOUS CASE NO. 2012 -00559
C410 FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 2007 -00002
(DAG2007- 00002B) (DEV2012- 00060)
FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 2008 -00002
(DAG2008- 00002D) (DEV2012- 00059)
TENTATIVE TRACT MAP NO. 17494
OWNERS: Ronald W. Marshall Trust, Deborah L. Marshall Trust, Marshall Family Trust,
Charles B. Marshall Trust, Susan M. Marshall Trust, 1105 East Katella Avenue,
Anaheim, CA 92805;See Development Limited Partnership, 4931 Birch Street, Newport
Beach, CA 92660; K/L Anaheim Properties I LLC & K/L Anaheim Properties II, LLC, 300
S. Grand Avenue, #3700, Los Angeles, CA 90071
APPLICANT: Shopoff Advisors, Brian Rupp, 2 Park Plaza, Suite 700, Irvine, CA 92614
LOCATION: 905, 915, 917 East Katella Avenue and1005. 1015, 1025, 1105 East
Katella Avenue.
To amend the General Plan to modify Table LU -4: "General Plan Density Provisions for
Specific Areas of the City" to increase the number of dwelling units and reduce the
Council Minutes of December 18, 2012
Page 11 of 21
amount of office and commercial development allowed within the Mixed Use land use
designation of the Platinum Triangle and to amend various Elements of the General Plan
to include the addition of a public park; to amend Chapter 18.20 of the Anaheim
Municipal Zoning Code to reflect proposed amendments to the General Plan; to amend
the Platinum Triangle Master Land Use Plan to reflect proposed amendments to the
General Plan; to amend and restate existing Development Agreement No. 2007 -00002
between the City of Anaheim and Ronald W. Marshall Trust, Deborah L. Marshall Trust,
Marshall Family Trust, Charles B. Marshall Trust and Susan M. Marshall Trust to
address a proposed project re- design, including a revised product type and site layout;
to amend and restate existing Development Agreement No. 2008 -00002 between the
City of Anaheim and K/L Anaheim Properties I and K/L Anaheim Properties II, to address
a proposed project re- design, including a revised product type, site layout, and increase
in the number of residential units while eliminating previously- approved commercial and
office area; to approve a tentative tract map to reflect the redesign of both projects and
the location of the proposed public park.
Environmental Determination: Previously Certified Environmental Impact Report No.
339 and Addendum No. 2 to Previously Certified Environmental Impact Report No. 339.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommend City Council approval of General Plan Amendment No. 2012 -00486
(Resolution No. PC2012 -096), Zoning Code Amendment No. 2012 -00107 (Resolution
No. PC2012 -097), Miscellaneous Permit No. 2012 -00559 (Resolution No. PC2012 -098),
First Amended and Restated Development Agreement No. 2007 -00002 (Resolution No.
PC2012 -099), First Amended and Restated Development Agreement No. 2008 -00002
(Resolution No. PC2012- 100)and Tentative Tract Map No. 17494 (Resolution No.
PC2012 -101). VOTE: 6 -0. (Chair Ramirez and Chair Pro Tern Persaud, Commissioners
Faessel, Seymour, Lieberman and Bostwick voted yes. Commissioner Agarwal was
absent) (Planning Commission Meeting of December 3, 2012).
Find and determine that previously- approved Final Subsequent Environmental Impact
Report No. 339 and Addendum No. 1 serve as the appropriate environmental
documentation for the Platinum Vista project.
Find and determine that previously- approved Final Subsequent Environmental Impact
Report No. 339 and Addenda No. 1 and No. 2 serve as the appropriate environmental
documentation for the Platinum Gateway project.
RESOLUTION NO. 2012 -153 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM finding and determining that the previously certified Final
Supplemental Environmental Impact Report No. 339, together with Addendum No. 1 and
Addendum No. 2 thereto, updated and modified Mitigation Monitoring Program No. 106C
for the Platinum Triangle, and Mitigation Monitoring Program No. 307, serve as the
appropriate environmental documentation for the Platinum Gateway Project (DEV2012-
00059) and required and related discretionary actions; and adopting Mitigation
Monitoring Program No. 307.
RESOLUTION NO. 2012 -154 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving General Plan Amendment No. 2012 - 00486.
RESOLUTION NO. 2012 -155 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving an amendment to the Platinum Triangle Master
Land Use Plan (Miscellaneous Case No. 2012 - 00559).
RESOLUTION NO. 2012 -156 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM finding and determining that the previously certified Final
Council Minutes of December 18, 2012
Page 12 of 21
Supplemental Environmental Impact Report No. 339, together with Addendum No. 1
thereto, updated and modified Mitigation Monitoring Program No. 106c for the Platinum
Triangle, and Mitigation Monitoring Program No. 306, serve as the appropriate
environmental documentation for the Platinum Vista Project (DEV2012- 00060) and
required and related discretionary actions; and adopting Mitigation Monitoring Program
No. 306.
RESOLUTION NO. 2012 -157 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving Tentative Tract Map No. 17494.
ORDINANCE NO. 6262 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Table 20 -D (Development Intensities: Platinum Triangle Mixed Use
(PTMU) Overlay Zone) of Section 18.20.040 (Development Districts) of Chapter 18.20 of
Title 18 of the Anaheim Municipal Code.
ORDINANCE NO. 6263 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM approving that certain First Amended and
Restated Development Agreement No. 2008 -00002 (Development Agreement No. 2008 -
00002D) by and between the City of Anaheim and Shopoff Advisors, L.P. for the
Platinum Gateway project (DEV2012- 00059); making certain findings related thereto;
and authorizing the mayor to execute said agreement for and on behalf of the City.
ORDINANCE NO. 6264 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM approving that certain First Amended and
Restated Development Agreement No. 2007 -00002 (Development Agreement No. 2007 -
00002B) by and between the City of Anaheim and Shopoff Advisors, L.P. for the
Platinum Vista Project (DEV2012- 00060); making certain findings related thereto; and
authorizing the Mayor to execute said agreement for and on behalf of the City.
Sheri Vander Dussen, Planning Director, reported this item was a request to amend a
development agreement for two residential projects within the Platinum Triangle, located on the
northeast corner of Lewis Street and Katella. In 2007, the Platinum Vista site was approved for
a 327 unit condominium complex and a 9,500 square foot restaurant and in 2008; the Platinum
Gateway site was approved for a 320 unit condominium complex, about 200,000 square feet of
office space, 10,000 square feet of retail space and a hotel. After these projects were
approved, she stated, the land was sold to the Shopoff Group, the current owner and applicant,
who proposed, instead, to develop an all residential project.
Mrs. Vander Dussen remarked the proposed amendment to the Platinum Vista development
agreement would increase the number of residential units from 327 to 350, the previously
approved restaurant space would be eliminated and the site plan would be revised. The
proposed amendment to the Platinum Gateway development agreement would increase the
total number of residential units from 350 to 399, while eliminating the office, retail and hotel
uses and, she pointed out, this site would be modified to include a new public park. The
applicant was also proposing a tentative map that reflected the modified site designs for both
projects. She noted the proposed Platinum Gateway project contained one four story apartment
building that surrounded a separate six -story parking structure and the Platinum Vista project
contained one five -story apartment building, surrounding a separate six -story parking structure
with a clubhouse located on the 7th level of this structure.
Ms. Vander Dussen noted the design proposed for the Platinum Gateway site resulted in a need
to amend the City's General Plan to revise the total number of housing units, the amount of
commercial and office space allocated to the Platinum Triangle, and to depict the location of the
Council Minutes of December 18, 2012
Page 13 of 21
new public park. Similarly, the Platinum Triangle Master Land Use Plan and zoning code
contained exhibits that must be revised to reflect the public park location and the development
intensity. The Planning Commission had reviewed the request on December 3 rd and
unanimously recommended council approval, finding that the proposed project would be an
attractive addition to the Platinum Triangle and that the proposed amendments were consistent
with the goals and policies of the General Plan and the Platinum Triangle Master Land Use
Plan. In addition, the new park to be included within the development would provide a public
benefit to residents and visitors of the Platinum Triangle area.
Ms. Vander Dussen remarked council had earlier received a corrected version of Exhibit A of
the draft resolution for the general plan amendment to correct a numerical error which would be
substituted for the resolution in the staff report.
Mayor Tait opened the public hearing.
Phillip Schwartz, Shopoff Group representative, indicated there were architects, engineers and
planners available to answer any questions
William Fitzgerald, Anaheim Home, claimed the process of approving and reapproving
developments in the Platinum Triangle gave away benefits to developers that were needed by
the community.
John Detman, property owner speaking in support of this project, remarked that commercial
property owners should be able to upgrade their real estate to make it more valuable to the city
and to also bring in more residential to the community, as long as they complied with codes and
laws.
Ron Bengochea, resident, stated he was concerned the development with its increased
residential units would bring traffic congestion to Katella Avenue and was not necessary as the
occupancy rate in the Triangle was low. He also contended the park would be available solely
for the Platinum Vista and Gateway residents, rather than the public at large.
Bill Shopoff, Shopoff Group, speaking to the issues raised, remarked the public park would be
built and maintained by the Shopoff Group, and be open to the public. In addition, because of
the change in zoning from office /hotel down to residential exclusively, traffic would be reduced
about 70 percent from the approved plan to this amended plan. Mr. Shopoff added the current
occupancy rate within the Platinum Triangle was about 95 percent.
With no other comments offered, Mayor Tait closed the public hearing.
Council Member Eastman indicated she had met with the developer and his representative to
get a briefing on the project and was also a member of the Planning Commission when the
initial project was being considered. She added the reduction of traffic was a positive benefit to
the community, and the planned street car stop in this area would facilitate a more urban style of
living, reflecting the vision behind the Platinum Triangle's creation.
Council Member Kring also met with the developer and his representatives and served on the
city council when the original project was approved. She added the Shopoff Group were new
developers with a plan that fit into the neighborhood with a public park available to all. There
would also be free parking on the streets, including a new street separating the Vista project
from the Gateway project. In addition, there would be a parking structure along with amenities
for its residents utilizing every space available for the improvement of this community.
Council Minutes of December 18, 2012
Page 14 of 21
Council Member Murray remarked population growth was projected for northern Orange County
and via the strategic planning behind the Platinum Triangle, the development of ARTIC hub, and
the street car system for transient oriented development, this project reflected a real investment
in residential urban living and a quality of life being enjoyed by other communities across the
country. She added that with the limited investment dollars available, she was pleased to see
an investment made in the Anaheim community.
Council Member Brandman indicated he had met with applicant and representative for the
project and was supportive of a project which would create a neighborhood and included the
park component, which was critical to long -term sustainment of the community.
Mayor Tait indicated he had also met with the applicant and a representative, asking staff
whether this development would put any additional stress on the city's infrastructure. Ms.
Vander Dussen responded, in addition to the comprehensive EIR that was done for the
Platinum Triangle development, there was also environmental work done on this project
because of the change in land use and the addition of residential units. The results of that
analysis determined there would be no new additional environmental impacts, and in fact, she
pointed out, many of the impacts had been minimized by the change in the land use. Mayor
Tait also wondered if staff was concerned about changing the commercial balance of the
Platinum Triangle with Ms. Vander Dussen replying the Master Land Use Plan required
introduction of commercial uses on Market Street which was within the A -Town site and while a
hotel and restaurant would have been an added benefit, the Master Land Use Plan did not
compel it and there was adequate space within the A -Town site to accommodate commercial
development.
Council Member Kring then moved to find and determine the previously- approved
environmental impact reports and related documents served as the appropriate environmental
documentation for the Platinum Vista and the Platinum Gateway projects and to approve the
following resolutions:
1) RESOLUTION NO. 2012 -153, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM finding and determining that the previously certified Final Supplemental
Environmental Impact Report No. 339, together with Addendum No. 1 and Addendum
No. 2 thereto, updated and modified Mitigation Monitoring Program No. 106C for the
Platinum Triangle, and Mitigation Monitoring Program No. 307, serve as the appropriate
environmental documentation for the Platinum Gateway Project (DEV2012- 00059) and
required and related discretionary actions; and adopting Mitigation Monitoring Program
No. 307;
2) RESOLUTION NO. 2012 -154, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving General Plan Amendment No. 2012 - 00486;
3) RESOLUTION NO. 2012 -155, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving an amendment to the Platinum Triangle Master Land Use Plan
(Miscellaneous Case No. 2012 - 00559);
4) RESOLUTION NO. 2012 -156, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM finding and determining that the previously certified Final Supplemental
Environmental Impact Report No. 339, together with Addendum No. 1 thereto, updated
and modified Mitigation Monitoring Program No. 106c for the Platinum Triangle, and
Mitigation Monitoring Program No. 306, serve as the appropriate environmental
documentation for the Platinum Vista Project (DEV2012- 00060) and required and related
discretionary actions; and adopting Mitigation Monitoring Program No. 306;
5) RESOLUTION NO. 2012 -157, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving Tentative Tract Map No. 17494;
Council Minutes of December 18, 2012
Page 15 of 21
And to introduce the following ordinances;
1) ORDINANCE NO. 6262; AN ORDINANCE OF THE CITY OF ANAHEIM amending
Table 20 -D (Development Intensities: Platinum Triangle Mixed Use (PTMU) Overlay
Zone) of Section 18.20.040 (Development Districts) of Chapter 18.20 of Title 18 of the
Anaheim Municipal Code;
2) ORDINANCE NO. 6263, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM approving that certain First Amended and Restated Development Agreement
No. 2008 -00002 (Development Agreement No. 2008- 00002D) by and between the City
of Anaheim and Shopoff Advisors, L.P. for the Platinum Gateway project (DEV2012-
00059); making certain findings related thereto; and authorizing the mayor to execute
said agreement for and on behalf of the City;
3) ORDINANCE NO. 6264, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM approving that certain First Amended and Restated Development Agreement
No. 2007 -00002 (Development Agreement No. 2007 - 000028) by and between the City
of Anaheim and Shopoff Advisors, L.P. for the Platinum Vista Project (DEV2012- 00060);
making certain findings related thereto; and authorizing the Mayor to execute said
agreement for and on behalf of the City;
The motion was seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Mayor Tait
and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried.
33. ENVIRONMENTAL IMPACT REPORT NO. 2008 -00340
MISCELLANEOUS CASE NO. 2010 -00421
GENERAL PLAN AMENDMENT NO. 2010 -00482
SPECIFIC PLAN AMENDMENT NO. 2010 -00060
ZONING CODE AMENDMENT NO. 2010 -00093
C410 MISCELLANEOUS CASE NO. 2010 -00478
MISCELLANEOUS CASE NO. 2010 -00479
MISCELLANEOUS CASE NO. 2010 -00484
(DEV2010- 00044)
LOCATION: The Anaheim Resort Specific Plan area includes 581.3 -gross acres
located_ generally west of Interstate 5, south of Vermont Avenue, east of Walnut
Street and north of Chapman Avenue.
Request to allow an expansion of the Anaheim Convention Center and to update and
streamline the documents that govern and regulate development within the Anaheim
Resort Specific Plan area through the following actions:
Amendments to the:
• Anaheim General Plan (General Plan Amendment No. 2010 - 00482)
• Anaheim Resort Specific Plan No. 92 -2 (Specific Plan Amendment No. 2010-
00060)
• Title 18 (Zoning Code) of the Anaheim Municipal Code (Zoning Code
Amendment No. 2010 - 00093)
• The Anaheim Resort Identity Program (Miscellaneous Case No. 2010 - 00478)
• The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case
No. 2010- 00479)
• Ordinance No. 5454 (Miscellaneous Case No. 2010 - 00484)
Environmental Determination: Recommendation that the City Council certify
Supplemental Environmental Impact Report No. 2008 - 00340, including the adoption of:
Council Minutes of December 18, 2012
Page 16 of 21
• Findings and a Statement of Overriding Considerations
• Mitigation Monitoring Program No. 85C
• Water Supply Assessment (Miscellaneous Case No. 2010 - 00421)
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended City Council certify SEIR No. 340 and the proposed project actions
related to Amendment No. 14 to the Anaheim Resort Specific Plan Project (Project No.
DEV2010- 00044). (VOTE: 7 -0 - Chair Ramirez and Commissioners Agarwal, Bostwick,
Faessel, Lieberman, Persaud and Seymour voted yes) (Planning Commission meeting
of November 5, 2012).
RESOLUTION NO. 2012 -158 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM certifying Final Supplemental Environmental Impact Report No.
2008 -00340 and adopting Findings and a Statement of Overriding Considerations,
Mitigation Monitoring Program 85C, and a Water Supply Assessment (MIS2008- 00284)
for Amendment No. 14 to the Anaheim Resort Specific plan project and required and
related discretionary actions (DEV2010- 00044).
RESOLUTION NO. 2012 -159 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving and adopting General Plan Amendment No. 2010-
00482 pertaining to the land use element of the General Plan (DEV2010- 00044).
RESOLUTION NO. 2012 -160 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving and adopting Amendment No. 14 to the Anaheim
Resort Specific Plan No. 92 -2 (Specific Plan Amendment No. 2010 - 00060).
RESOLUTION NO. 2012 -161 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving and adopting Amendment No. 2 to the Anaheim
Resort Identity Program (Miscellaneous Case No. 2010 - 00478).
RESOLUTION NO. 2012 -162 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving and adopting Amendment No. 5 to the Anaheim
Resort Public Realm Landscape Program (Miscellaneous Case No. 2010 - 00479).
ORDINANCE NO. 6265 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM amending portions of Chapter 18.116 of Title 18
of the Anaheim Municipal Code (Zoning Code Amendment No. 2010 - 00093) (DEV2010-
00044).
Sheri Vander Dussen, Planning Director reported this item was a city- initiated request to update
planning documents that guided development within the Anaheim Resort and to provide
environmental clearance necessary to allow future development of private property as well as
an expansion of the Anaheim Convention Center. She noted the Planning Commission
reviewed this request on November 5, 2012 and unanimously recommended council approval.
Providing background, Ms. Vander Dussen stated the City of Anaheim adopted three specific
plans to guide development within the 1,100 acre Anaheim Resort in the 1990's; i.e., the
Disneyland Resort Specific Plan which provided for the development of the Disneyland Area
and the Anaheim Garden Walk, the Hotel Circle Specific Plan which resulted in the development
of more than 800 hotel rooms, and the Anaheim Resort Specific Plan which guided
development of hotel, restaurant, convention center, and other visitor serving uses in the
surrounding area.
Council Minutes of December 18, 2012
Page 17 of 21
The amendment before council included amendments to documents intended to streamline
development standards and guidelines, reduce redundancy within and between the documents,
update the documents to reflect current conditions within the Anaheim Resort, and
accommodate future expansion of the Anaheim Convention Center. She indicated the
amendments did not change the types of land use permitted within the Resort or significantly
modify the associated development standards. However, approval of these changes would
expedite the processing of new development in the Resort resulting in cost savings to
developers and business owners as conforming projects and would not be subject to
subsequent environmental review. She remarked an environmental impact report had been
prepared for the proposed amendments to analyze impacts and provide possible mitigation to
reduce those impacts. She emphasized that despite the proposed mitigation, or because the
proposed mitigation may not be feasible, measurable or implementation was outside the City's
jurisdiction, environmental impacts remained significant and unavoidable. She added, when a
project resulted in impacts that were significant and unavoidable, CEQA allowed decision
makers to balance the economic, legal, social, technological, or other benefits including region -
wide or statewide environmental benefits of the proposed project against its significant and
unavoidable impacts. In 1994, she explained, the city council determined there were many
benefits that justified the approval of the Anaheim Resort Specific Plan, including enhancement
and maintenance of Anaheim's position as a world class tourist destination, increased city,
county, and state revenues, and streamlined entitlement procedures; she added that these
same benefits continued to apply to the conditions today.
Since the adoption of the Anaheim Resort Specific Plan, Ms. Vander Dussen remarked, the
area had been transformed through streetscape and pedestrian improvements, a coordinated
sign program, and the construction and refurbishment of many hotels and restaurants. The
amount of transient occupancy tax (TOT) collected nearly doubled since 1999, with over $90
million received last fiscal year. In addition, area property owners voted to collectively fund
enhanced maintenance of the street scape improvements with approximately $5 million in
revenues collected last fiscal year for this purpose. The Convention Center had been improved
and expanded, becoming both lead certified and the largest convention center on the west
coast; the Grand Plaza project was nearly complete and would add 100,000 square feet of
outdoor meeting space. She noted the proposed increase in development intensity analyzed for
the convention center would allow the facility to continue to expand over time to meet diverse
and competitive convention and meeting space requirements.
Addressing the benefits of the Disneyland Resort Specific Plan Area, the Disney California
Adventure Theme Park, Downtown Disney, Disney's Grand Californian Hotel and the Anaheim
GardenWalk had been constructed and continually improved along with on -going improvements
to the Disneyland Theme Park — resulting in the resort becoming an attractive and vibrant, multi -
day destination. The Platinum Triangle, which included Angel Stadium, the Honda Center and
City National Grove of Anaheim, was designed to be complementary to the Anaheim Resort to
enhance the interaction between these two commercial recreation areas while planned and
constructed street scape improvements along Katella Avenue were intended to enforce this
unified appearance. Current transportation improvements included the extension of Gene Autry
Way and construction of ARTIC and the Anaheim Rapid Connection Streetcar Project would
continue this connection.
In 2010, Ms. Vander Dussen reported, the Anaheim Tourism Improvement District (ATID) was
formed which levied an additional two percent assessment on hotel rooms to fund promotion of
local tourism and convention - related programs, as well as transportation improvements within
the Anaheim Resort and Platinum Triangle, with $11.8 million collected for this purpose last
Council Minutes of December 18, 2012
Page 18 of 21
fiscal year. In addition, to this project, Ms. Vander Dussen stated there were a number of hotels
and restaurants within the Anaheim Resort at various stages in the development process.
Some were undergoing independent environmental review currently and approval of these
amendments would allow similar projects to move forward with streamlined environmental
review and clear, well- defined development standards. This process, she explained, would
expedite a property owner's ability to move forward with development saving both time and
money and for those reasons, staff recommended council certify the environmental impact
report and approve Amendment No. 14 to the Anaheim Resort Specific Plan.
Council Member Kring inquired how the ATID revenues were utilized. City Manager Bob
Wingenroth responded the ATID had been the primary source for the Grand Plaza construction,
valued at approximately $20 million. He added that 25 percent of the ATID was earmarked for
transportation projects and on hold, until a project was developed.
Mayor Tait opened the public hearing asking for comments from those who lived within the
noticed area first.
William Fitzgerald, Anaheim Home, objected to the fact he had not received notification of this
project. He expressed his opposition to the proposed amendments citing current and future
traffic congestion, air pollution from Disney fireworks, lack of parking, and conflict of interest on
behalf of the decision makers.
Eric Schraner, Seltzer Caplan McMahon Vitek Law Firm, spoke on behalf of Tiffany's
Restaurant. This family owned restaurant had been operating in Anaheim for over 40 years,
was located in the same block of the Convention Center at the corner of Katella and West
Street. He indicated the City's past actions involving the Convention Center, the Specific Plan
and traffic improvements cost his client hundreds of thousands of dollars to resolve and they
were concerned about the proposal to expand the Convention Center and the lack of
information on that expansion. A letter had been submitted during the EIR comment period and
the response received did not address his client's concerns. These concerns included: 1)
Anaheim proposed to expand the Convention Center by up to 400,000+ square feet and
125,000 square feet of commercial space, but no potential locations for this additional space
was identified other than it would be located within the PR district on City -owned property; 2)
Anaheim proposed to add up to 900 hotel rooms, 40,000 square feet of meeting and ballroom
space and 55,000 square feet of commercial space, all to be located within the PR District with
no specific locations identified. Mr. Schraner stated these locations should be identified so that
the potential impacts of the expansion of the convention center could be evaluated and
therefore would not satisfy the finding requirements that were necessary in order for council to
approve the amendments. He added that previously a portion of Tiffany's site was condemned
to acquire land for the existing bus turnout on Katella Avenue and in response to comments
submitted, Tiffany's was told there would not need to be a bus turnout in the future and that
Katella would be expanded to four lanes in both directions at some point in time. He asked how
OCTA responded to elimination of the bus turnout as it was apparently added in part to address
safety issues initially.
Cecil Jordan Corcoran, Outreach Homeless Ministries, spoke on matters unrelated to the public
hearing item.
Ron Bengochea, resident, expressed concern that he had not received notification of this
project and expressed his opposition to Disney influence on city matters and his belief the
Katella Widening project was unnecessary.
Council Minutes of December 18, 2012
Page 19 of 21
With no other comments offered, Mayor Tait closed the public hearing.
Council Member Eastman remarked that previous councils and planning commissioners had
worked long and hard to create the Resort District and the success of that planning could be
seen in the city's coffers today, with transient occupancy tax at an all -time high since Disney
completed their expansion and brought in more visitors than ever before to the city. She would
support this amendment as it allowed the City to continue to grow and accommodate more
visitors to Anaheim and that the changes applied solely within the boundaries of the specific
plan area.
Council Member Murray remarked it was now time to look at the next phase of development and
this amendment would allow the city to begin planning for future growth. Having recently
attended an economic summit with dire predictions that full economic recovery would not occur
until 2020, she believed it was necessary to look at ways to improve every economic aspect of
the City in collaboration with the business community. She noted Anaheim was fortunate and
would see faster economic growth than its neighbors across the region because of the
commitment made in the mid -90's to grow the Resort area. She noted it was not just about
Disneyland, it reflected the convention center, hotels, retail, restaurants, and businesses large
and small, i.e., the entire resort community.
Council Member Brandman remarked he lived within a one or two minute drive from the Resort
District and traveled through it every day and had seen the positive growth of that area over the
years. This project, he stated, would help streamline environmental review and development
permit for projects that comply with the specific plan and would make private investment in the
Resort more viable, expanding jobs and city revenues. He added living in a highly competitive
environment and simplifying the development process was a positive step to take to insure
Anaheim remained a world class destination for tourists and conventions and continued to grow
and prosper.
Mayor Tait commended staff for their work and foresight in bringing this amendment forward to
make the Resort District business - friendly.
Council Member Murray moved to approve the following resolutions:
1) RESOLUTION NO. 2012 -158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM certifying Final Supplemental Environmental Impact Report No. 2008-
00340 and adopting Findings and a Statement of Overriding Considerations, Mitigation
Monitoring Program 85C, and a Water Supply Assessment (MIS2008- 00284) for
Amendment No. 14 to the Anaheim Resort Specific plan project and required and
related discretionary actions (DEV2010- 00044);
2) RESOLUTION NO. 2012 -159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving and adopting General Plan Amendment No. 2010 -00482
pertaining to the land use element of the General Plan (DEV2010- 00044);
3) RESOLUTION NO. 2012 -160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving and adopting Amendment No. 14 to the Anaheim Resort
Specific Plan No. 92 -2 (Specific Plan Amendment No. 2010 - 00060).
4) RESOLUTION NO. 2012 -161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving and adopting Amendment No. 2 to the Anaheim Resort Identity
Program (Miscellaneous Case No. 2010 - 00478);
Council Minutes of December 18, 2012
Page 20 of 21
5) RESOLUTION NO. 2012 -162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving and adopting Amendment No. 5 to the Anaheim Resort Public
Realm Landscape Program (Miscellaneous Case No. 2010 - 00479);
And to introduce ORDINANCE NO. 6265, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM amending portions of Chapter 18.116 of Title 18 of the Anaheim
Municipal Code (Zoning Code Amendment No. 2010 - 00093) (DEV2010- 00044). The motion
was seconded by Council Member Kring. Roll Call Vote: Ayes — 5: (Mayor Tait and Council
Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion carried.
REPORT ON CLOSED SESSION ACTIONS: None
COUNCIL COMMUNICATIONS:
Mayor Tait remarked that one area important to all was the need to better serve Anaheim's
neighborhoods to provide a better quality of life. With that in mind, he proposed staff explore
the creation of a Neighborhood Improvement Fund by dedicating a percentage of Transient
Occupancy Tax revenues exclusively for that purpose.
Mayor Pro Tern Eastman expressed her appreciation to the city council for her appointment as
Mayor Pro Tem. She shared a plaque the City received from the Anaheim Arts Council for the
community gardens program, adding that a site had been found in central Anaheim near the
Brookfield project.
Council Member Kring looked forward to working with Mayor Tait and the council members in
the New Year. She recommended the city look into solar trash compactors which could be used
in the Resort area, in bus shelters and schools so that when trash levels reached a certain level,
the solar cells compressed the trash and informed maintenance staff when it was ready to be
emptied. She expressed her support for the Mayor's Neighborhood Improvement Fund and
requested the meeting adjourn in memory of Dorothea Stephenson.
Council Member Murray expressed her support for Council Member's Kring request for solar
trash compactors, remarking there had been a pilot program in place and requested staff
provide an update. She thanked the Shiloh family, staff and the Mayor for bringing the
community together for a candlelight vigil in memory of the victims and families in Newtown,
Connecticut and talked of the need to make communities as safe as possible, stating it was time
to make a reinvestment and commitment to police and fire. She supported the Neighborhood
Improvement Fund as well as a focus on parks, libraries, the arts, and continuance of the city's
Enterprise Zone program.
Council Member Brandman supported the Neighborhood Improvement Fund and spoke of his
attendance at the Chamber of Commerce ribbon cutting for SACA Technologies, a company in
business for 15 years and an asset for the Canyon Business area. He also participated in the
Metrolink Toy Drive on its 16 year of operation, delivering a much needed lift to the community.
He requested the City Manager, City Attorney and City Clerk draft a policy for Spanish
translation services at City Council meetings and the re- establishment of a Charter Review
Committee. He also requested a comprehensive review of Moreno et al. v. City of Anaheim
case, including consideration of all amicable avenues of resolution to be placed on a closed
session agenda, and in addition, requested a closed session item regarding current negotiations
with Angels Baseball on the stadium lease to update the two new members of council. Lastly,
he requested council adjourn this meeting not only in memory of Dorothy Stephenson, but also
for those who lost their lives in Newtown, Connecticut and U.S. Senator Daniel Inouye.
Council Minutes of December 18, 2012
Page 21 of 21
ADJOURNMENT At 8:13 P.M., Mayor Tait adjourned the December 18, 2012 council meeting
in memory of U.S. Senator Daniel Inouye, the victims and families of Newtown, Connecticut and
Dorothea Stephenson.
Resp Ily submitted,
ktoL 6-(O
Linda N. Andal
City Clerk, CIVIC