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10/18/2016ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF OCTOBER 18, 2016 The regular meeting of October 18, 2016 was called to order at 3:00 P.M. and adjourned to 3:30 P.M. for lack of a quorum. The regular adjourned meeting of October 18, 2016 was called to order by Mayor Pro Tem Kring at 3:32 P.M. in the chambers of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda and related materials were duly posted on October 14, 2016. PRESENT: Mayor Pro Tem Lucille Kring Council Members: Jordan Brandman, Kris Murray and James Vanderbilt. Mayor Tom Tait joined the meeting during Closed Session. STAFF PRESENT: City Manager Paul Emery, Acting City Attorney Kristin Pelletier, and City Clerk Linda Andal. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None At 3:32 P.M., Mayor Pro Tem Kring recessed to closed session for consideration of the following items. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of California Government Code Section 54956.9: One potential case (Dangerous condition case — trip and fall on sidewalk). 2. PUBLIC EMPLOYEE APPOINTMENT (Section 54957 (b)(1) of the California Government Code) Position: City Attorney 3. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Jason Motsick Position: City Attorney 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property 1: 2200 East Katella Avenue, Anaheim, CA 92806 Agency Negotiator: Paul Emery, City Manager Negotiating Party: Anaheim Performing Arts Center Foundation (APAC) Under Negotiation: Price and terms of Payment for Lease of Property 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957 (b) of the California Government Code) Position Title: City Manager and City Clerk City Council Minutes of October 18, 2016 Page 2 of 30 6. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Jason Motsick Position Title: City Manager and City Clerk At 5:12 P.M., the council session was reconvened by Mayor Tait. INVOCATION: Mahshid Aminian, Local Spiritual Assembly of Baha'i's of Anaheim FLAG SALUTE: Council Member Kris Murray PRESENTATIONS: Recognizing the 40th Anniversary of Sister City Mito, Japan Mayor Tait announced this recognition acknowledged a 40 year Sister City relationship with Mito, Japan and welcomed the group visiting from Mito. He congratulated Mito on being a strong, resilient city which rebuilt itself after the 2012 earthquake, thanked the current and past Sister City Commissioners for their work on the exchange programs and highlighted the recent change of 42"d Street to Mito Way. Mayor Yasushi Takahashi of Mito, Japan expressed his gratitude to Anaheim for its welcome and the opportunity to visit many sites within the city. He encouraged Anaheim residents to visit Mito to experience its great history, tradition, and abundance of nature and looked forward to further developing the Sister City relationship. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming October 2016, as Arts & Humanities Month Proclaiming October 2016, as Filipino American History Month Proclaiming October 2016, as International Walk to School Month Proclaiming October 16-22, 2016, as Friends of the Libraries Week Kris Lasher, president Friends of Canyon Anaheim Library (FOCAL), accepted the proclamation explaining FOCAL members averaged 178 volunteer hours per month in the library and raised over $20,000 over the past three years through the sale of donated books and artifacts allowing them to assist the library in various ways. Helen Carter, President, Friends of the Anaheim Public Library, noted their job was to support the libraries through monetary donations and volunteer work, in particular by underwriting the summer reading program. Proclaiming October 17-23, 2016, as National Lead Poisoning Prevention Week Proclaiming October 23-31, 2016, as Red Ribbon Week City Council Minutes of October 18, 2016 Page 3 of 30 ADDITIONS/DELETIONS TO THE AGENDA: Mayor Tait requested Item No. 5 be tabled. With no objection, Item No. 5 was tabled and no action was taken by the Council. PUBLIC COMMENTS (all agenda items, except public hearing): Prior to receipt of public comments, a brief decorum statement was provided by City Clerk Linda Andal. Cecil Jordan Corkern, Outreach Homeless Ministries, read a scripture and offered comments related to Disneyland and his family. Daniel Robbins read a 2012 Orange County Register letter by Mayor Pro Tem Kring's senior policy aide and submitted a copy for the record. Jeanine Robbins discussed her son's experience at a SOAR event, requested no future funds be allocated to Visit Anaheim, referenced payment made to settle a lawsuit by the former city attorney, and advised Council to place the hotel subsidies on the November 2018 ballot rather than scheduling a special election. Ada Briceno, secretary/treasurer UNITE HERE Local 11, announced her organization had collected 18,000 signatures on two petitions to referendize Council's actions pertaining to hotel development agreements and asked Council to rescind their votes related to the Wincome Group or place the items on the November 2018 ballot. She added that the city attorney appointment should be postponed. Mark Daniels requested Council wait until after the election to appoint a city attorney and representative to the Orange County Water Board. Ernesto Medrano, LA/OC Building and Construction Trades Council, urged Council to move forward with the hotel development agreements to minimize cost increases and allow those working under the partnership agreements to benefit from local hire provisions, helmets to hardhats program, and career opportunities. Mike Robbins requested Council rescind their votes for hotel subsidies and stated concerns regarding the Police Chief. R. Joshua Collins, Homeless Advocates for Christ, read from the Bible, announced the adoption of SB -1318 to adopt a housing -first model for all state programs funding housing for people experiencing homelessness or at risk of homelessness, and stated his disagreement with the treatment of the homeless. Mayor Tait highlighted the approval of the 200 -bed shelter with wrap-around services and the 600 people who were housed through the Coming Home Anaheim program. Joe Wells, Logan Wells Memorial Foundation chairman of the board, thanked Council for the opportunity to honor Logan through the development of a skate park as skating had been his passion. He explained Logan's friends had started a petition to develop a skate park and fundraising had commenced, commending the city for its recognition of skating as the fastest- growing sport in the United States by opening new skate parks, and thanked city staff for their efforts and support. City Council Minutes of October 18, 2016 Page 4 of 30 Mayor Tait acknowledged the difficulty of the situation and thanked Mr. Wells for making a positive impact out of a tragedy. Sam Hurtado, Sheet Metal Local Union 105, encouraged Council to move the hotel projects forward to provide jobs for the middle class and apprentices to work locally where they also volunteer. Debbie Cook, Huntington Beach resident, spoke to Item No. 33 and recommended Council Member Brandman be replaced on the Orange County Water District, citing his support for the Cadiz project and meeting attendance issues. Council Member Brandman responded to Ms. Cook's comments regarding his attendance. Katie Reynolds, resident, described her experiences working as a union member, supported local hire, and asked Council to not reconsider their decisions regarding the hotel agreements. Martin Lopez, regarding Item Nos. 35 and 36, applauded the building trades for their willingness to work but requested Council address the hard-working hotel workers who collected 18,000 signatures on referendum petitions and recommended Council repeal Ordinance Nos. 6376 and 6377 or place them on the November 2018 general municipal election ballot. He also suggested waiting to hire a new city attorney until after the 2016 election and requested no large severance pay. William Fitzgerald disagreed with Council's decision to fly the rainbow flag at City Hall as well as with Anaheim Police Association's election activities. Council Member Murray responded that City Council had a unified approach against hate and violence. Mayor Tait explained comments, even if not truthful, could not be stopped due to the privilege of the public comment microphone. Phillip Salerno, Plasterers and Cement Masons Local 500, emphasized the need for local jobs through the hotel development agreements and disagreed with their repeal. Ralph Bienert, resident, referred to an article in the Anaheim Bulletin about the Police Chief and Deputy Chief and requested the city manager address the issues for reasons of justice and morale. Nicolas Iniquez, Ironworkers Local 433, requested local jobs to allow him to work in his own city and spend more time with his family and daughter. Anthony Novello, United Association of Plumbers and Steamfitters Local 582, explained Project Labor Agreements (PLAs) worked by providing jobs to local residents and veterans and requested construction not be delayed. Sandra Angel, resident, expressed her thoughts about the city attorney recruitment and requested the appointment be deferred until after the election. City Council Minutes of October 18, 2016 Page 5 of 30 Jerry Alder, Manager, Anaheim GardenWalk, voiced his support for the Wincome hotel developments and recommended Council put the question to a vote of the people, believing the people would confirm the decision already made by the Council. John Dunton thanked the Fire & Rescue Department for their efforts in addressing his chest pains, commented on a recent homicide in Fullerton, and requested a moment of silence for the fallen police officers in Lancaster and Palm Springs. Rebecca Cousins, Alliance for a Healthy Orange County, recognized Council for their efforts in active transportation and support of the Active Transportation Leadership Institute at Anaheim High School. Roy Afusia, Sprinkler Fitters Local 709, questioned why the hotel agreements were being discussed again as they had already been approved and noted the critical nature of jobs. Vern Nelson expressed his concern with a political sign, discussed a fire engine being used for campaign purposes, and recommended replacing Council Member Brandman as the OCWD board member. Shakeel Syed, OCCORD, requested Council rescind their approval of the hotel development agreements to honor the 18,000 residents who signed the petitions, or alternatively, allow them to vote at the November 2018 election. Julie Brunette requested assistance in rebuilding a handicap ramp for her neighbor with a disabled daughter. Paul Sanford, asset manager and CEO Wincome Management and Development, spoke to Item Nos. 35 and 36 stating they had applied under the existing hotel incentive policy to build 4 - diamond hotels as a continuance of their 25 year commitment to Anaheim and the development could not occur absent the incentives. He noted the democratic process and asked Council to refer the items to an election rather than rescinding their previous actions. Renee Balenti announced the National Day of Protest Against Police Terror annual event on October 22nd at 12pm at Stoddard Park and questioned the Anaheim Police Association endorsements in the current election and their involvement with the complaint against Police Chief Quezada. Larry Slagle supported the Wincome properties in requesting an election Bob Donelson supported PLAs for the building trades but recommended additional support for hotel workers through union neutrality clauses for the hotel workers after construction. He offered his thoughts on various city expenditures and the upcoming election. Judy Morton shared her concerns with a proposed anaerobic digester at Orangethorpe and Lakeview, citing a similar example in West Louisville, KY that was denied due to its potential effect on neighboring residents. "The Camera Man" offered comments related to a Police Department DUI checkpoint on July 22, 2016, the investigation for fraud of the Police Chief and Deputy Chief, and marijuana dispensaries. City Council Minutes of October 18, 2016 Page 6 of 30 "Time To Stand" used 30 seconds for a moment of silence for those killed by police officers, questioned the denial of his Public Records Act request due to an on-going investigation, and referenced the use of vacation and/or sick time by the Police Chiefs. Bryan Starr, OC Business Council, stated support for the two Wincome properties and the revenue they will create and recommended an election to vote on the referendums. Arturo Ferreras requested equitable decisions be made to benefit the city over the long term rather than rushed, short-term decisions that could result in greater poverty. Victoria Vidrio wished the Mayor a happy birthday and believed Council should wait until after the election to make decisions. Ross McCune, Chairman, Anaheim Chamber of Commerce, encouraged Council to honor the approvals that were in place for the 4 -diamond hotels to put workers and Anaheim ahead of other cities. Nicolas Wildstar asked Council to acknowledge they serve the people rather than special interests. Aaron Thompson, union carpenter, asked Council to reconsider rescinding the development agreements as they provided jobs to local residents and the city overall. John Hanna, Southwest Regional Council of Carpenters, offered condolences for lives lost and support for police employees, thanked Council for their public service, requested an election in response to the referendums earlier than two years away, and expressed the need for local jobs and apprenticeships. Kevin Curtis, General Manager Rainforest Cafe Downtown Disney and Chairman, Anaheim Restaurant Council, supported the Wincome hotels for their benefit to the Resort and entire city through increased tax revenue and urged Council to put the decision to the voters and set an election date. Cynthia Ward, District 3 resident, provided information on the Cadiz project at OCWD, referenced a requirement in the Specific Plan from the 1990s for the Anaheim Plaza to be rebuilt as a high-rise as well as a 4 -star Disney hotel, and believed the hotel incentive policy should have been put to the voters for approval. John Earl, Surf City Voice.com, discussed Council Member Brandman's attendance at OCWD meetings and the Cadiz and Poseidon projects. Aaron Silva, resident and union carpenter, expressed thanks for the opportunity to support his family and bring revenue into Anaheim through the PLAs providing carpenter and building trades jobs. Ron Miller, Executive Secretary, LA/OC Building and Construction Trades Council, thanked Council for their votes supporting the building trades which help with local hire provisions and encouraged them to get the hotels going. Josh McIntosh spoke to Item No. 33 and suggested replacement of Council Member Brandman on the Orange County Water District. City Council Minutes of October 18, 2016 Page 7 of 30 Denise Barnes, District 1, requested Council honor the district process and postpone the appointment of the city attorney until after the election. Rick Cheatham, Anaheim Fire Association president, explained the Anaheim Fire & Rescue Department was one of the busiest fire departments per capita in California. He encouraged the building of more hotels in the Resort District to add tax dollars to the general fund to provide additional fire stations and firefighters and requested no further delay of their construction. David K. spoke against legalizing marijuana, citing potential negative outcomes, and urged the public to vote against Prop. 64. Javier Gonzalez expressed his opinion about special elections and asked Council to place the referendums on a general election ballot. Yamira Gonzalez requested a vote in response to the 18,000 collected signatures at a general, rather than special, election. Paul Lucas shared his view that subsidies were not necessary for hotel development, particularly as they would result in temporary, low-wage jobs. Jose Moreno, District 3, requested Council rescind the hotel development agreements or place the question on the November 2018 ballot rather than a special election, encouraged unity amongst workers, requested Council not appoint the city attorney at this meeting, and recommended Council not approve any ordinances due to potential violation of the Charter. Jeff LeTourneau thanked Council for proclaiming Filipino American History Month, recommended PLAs and local hire for all building permits issued in Anaheim, addressed comments to Council Member Brandman regarding his campaign endorsements and connection to the city attorney candidate, and requested no special election regarding the referendum. Doug Mangione, IBEW, described the involvement of their members in the community and encouraged the City to get jobs going and move forward with construction. Bryan Kaye expressed his belief that his concerns with the Police Department and City Attorney's office were being ignored. Myrvette Judeh recommended Council let people vote on the hotel development agreements and spoke against the subsidies, believing development would occur regardless due to the presence of Disneyland and the current status of Anaheim. Victoria Michaels spoke of poor conditions of city streets, sidewalks, and landscaping particularly in District 3, offering her opinion of certain Council Members' campaign activities. Joann Sosa spoke of the Mayor's efforts with the community and the City of Kindness initiative, and requested a rescission or election for the hotel subsidies. Pete Espinoza, Southwest Regional Council of Carpenters Local 803, recognized the difficult decisions Council faced but described his perceived benefits of union labor and encouraged them to take care of their local residents first. City Council Minutes of October 18, 2016 Page 8 of 30 A representative from Ironworkers Local 416 explained they built everything with care and craft and expressed pride in their work, knowing it to be safe. A male speaker described the benefits he received from working union jobs as well as the better state of the city when compared to the 1980s. A male speaker suggested following the example of the Ponderosa community working together with the city and hoped the interests of all Anaheim would be considered. Larry Larsen wished the Mayor a happy birthday and reported the score of the Dodgers game. COUNCIL COMMUNICATIONS: Mayor Pro Tem Kring responded to comments regarding the Economic Assistance Agreements and the incentive process. Council Member Murray responded to comments regarding the City's state of affairs through restoring police and fire, increased credit ratings and cash reserves, and adding parks and library hours with less cost to taxpayers than surrounding cities. CITY MANAGER'S UPDATE: None. CONSENT CALENDAR: At 8:29 P.M., Council Member Vanderbilt pulled Item Nos. 6 and 13 and Council Member Murray pulled Item No. 14 for further discussion. Mayor Tait declared a conflict of interest on Item Nos. 7 and 10 as his firm had done work this past year with 7-11 and Southern California Edison. MOTION: Council Member Brandman then moved to waive reading in full of all ordinances and resolutions and to adopt the balance of the consent calendar as presented, in accordance with reports, certifications and recommendations furnished each city council member and as listed on the consent calendar, seconded by Mayor Pro Tem Kring. ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members: Kring, Murray, Brandman, and Vanderbilt.) NOES — 0. Motion Carried. D116 1 Approve recognition to be presented at a later date recognizing the 60th Anniversary for Anaheim RV Park. D159 2. Designate a residence located at 1431 East La Palma Avenue as a citywide historically significant structure. 3. Accept the lowest responsive bid of Future Computing Solutions, Inc., in the amount of D180 $111,554, plus applicable tax, for the purchase of network equipment including maintenance and software licenses for various City facilities including libraries and fire and police stations and authorize the Purchasing Agent to execute the purchase order, in accordance with Bid# 8794. AGR- 4. Award the construction contract to the lowest responsible bidder, Pardess Air, Inc., in the 10331 amount of $320,000, for the Anaheim Convention Center Hall "A" Chiller Replacement and Room Modification Project and authorize the Finance Director to execute the Escrow Agreement. City Council Minutes of October 18, 2016 Page 9 of 30 5. Approve the appointment of Arturo Fierro to the position of City Attorney effective October 19, 2016 and the Employment Agreement, in the annual salary of $210,500, for his employment as City Attorney. Item No. 5 was unanimously removed from the agenda. No further action was taken by Council. 7. Approve the Agreement for Acquisition of Real Property with Ron M. Ozinyan, in the AGR- acquisition payment of $120,000, for the partial acquisition of real property located at 10332 2000 East La Palma Avenue for a permanent public roadway easement and a temporary construction easement for the State College Boulevard/La Palma Avenue Intersection Improvement Project (R/W ACQ2015-00562). Due to a potential conflict of interest, Mayor Tait abstained on this item. ROLL CALL VOTE: AYES — 4: (Mayor Pro Tem Kring and Council Members: Murray, Brandman, and Vanderbilt). NOES — 0. ABSTENTION — 1: Mayor Tait. Motion to approve carried. AGR- 8. Approve the Agreement for Acquisition of Real Property Agreement with Anaheim 10333 Villager Associates, LLP, in the acquisition payment amount of $23,600, for partial acquisition of real property located at 1180 South Sunkist Street for a utility easement and a temporary construction easement for the Ball Road and Sunkist Street Intersection Improvement Project (RNV ACQ2015-00580). 9. Approve the First Amendment to Agreement with Utiliquest, LLC increasing the current AGR- contract amount from $323,000 to $475,000 and extending the term for up to one 4722.A.1 additional year for underground utility locating services. 10. Approve the License Agreement with Southern California Edison Company (SCE), in the AGR- amount of $11,010.80 for the first year and subsequent annual payments per payment 4735.A schedule, for the use of SCE property for the operation of recreational facilities at Maxwell Park for a five year period. Due to a potential conflict of interest, Mayor Tait abstained on this item. ROLL CALL VOTE: AYES — 4: (Mayor Pro Tem Kring and Council Members: Murray, Brandman, and Vanderbilt). NOES — 0. ABSTENTION — 1: Mayor Tait. Motion to approve carried. D150 11. Approve in the naming of the Jefferson Stadium Park community park site dedication located on Artisan Way at the southwest corner of State College Boulevard and Gene Autry Way, as Jacaranda Park. 12. Approve the Subdivision Agreement of Parcel Map No. 2015-174 with Jefferson at AGR- Stadium Park, L.P. for a mixed-use development to construct approximately 1,079 10155.1 residential dwelling apartment units inclusive of 12 live/work units, 9,800 square feet of commercial space, and a public park on 17.6 acres of land located on the southwest corner of State College Boulevard and Gene Autry Way. 15. Approve the First Amendment to Agreement with Eric W. Gruver, Ph.D. increasing the AGR- not to exceed amount from $100,000 to $150,000 for continued pre-employment and 7689.1 other psychological services for the Police and Fire Departments. AGR- 16. Approve and authorize the Executive Director of Convention, Sports & Entertainment to 8246.11 execute and take the necessary actions to implement and administer the Anaheim City Council Minutes of October 18, 2016 Page 10 of 30 Regional Transportation Intermodal Center (ARTIC) Passenger Information Display Operation and Maintenance Agreement, and any other related documents or agreements, with National Railroad Passenger Corporation(AMTRAK) to deliver and display real time information to passengers that utilize the services of AMTRAK and other transportation providers at ARTIC for a five year term retroactively effective as of December 8, 2014, with the option to be extended successively upon the anniversary of the effective date for a twelve month term unless terminated by either party, in the amount of $116,743 for the retroactive period and approximately $82,668 per year going forward. AGR- 17. Approve and authorize the Public Utilities General Manager to execute and take the 10336 necessary action to implement a Wireline Crossing Agreement, and related documents, with the Union Pacific Railroad Company for power lines crossing underneath the railroad tracks on Katella Avenue, west of Lewis Street fee with a one-time license fee of $9,600. 18. RESOLUTION NO. 2016-189 A RESOLUTION OF THE CITY COUNCIL OF R100 THE CITY OF ANAHEIM requesting temporary closures to Caltrans 1-5 offramps for the Avengers Super Heroes Half Marathon (November 13, 2016, 6:00am - 10:00am; southbound 1-5 at Disney Way; northbound 1-5 at Katella Avenue; northbound 1-5 at Gene Autry Way). P124 19. RESOLUTION NO. 2016-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 12013, 12014, 12025 and 12026) (Ball Road/Sunkist Street Intersection Improvement Project and State College Boulevard/La Palma Avenue Intersection Improvement Project). P124 20. RESOLUTION NO. 2016-191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim interests in real property (City Deed Nos. 12019, 12020, 12021, 12022, 12023, and 12024) (current and future placement of electrical and water equipment in conjunction with utility system improvements). 21. RESOLUTION NO. 2016-192 A RESOLUTION OF THE CITY COUNCIL OF THE Pilo CITY OF ANAHEIM vacating easements for sewer and sidewalk purposes, generally located at 200 North Lemon Avenue pursuant to California Streets and Highway Code Section 8330, et seq., - Summary Vacation (ABA2016-00346). D175 22. RESOLUTION NO. 2016-193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM designating the west side of Empire Street from 1321 Empire Street to 1355 S. Dallas Drive as "Permit Parking Only" street within Permit -Eligible Parking District No. 40 ("Pembrooke Lane"). R100 23. RESOLUTION NO. 2016-194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Public Works or designee to submit an application to the California Natural Resources Agency for grant funds for the California Urban Rivers Grant Program under the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1) for the La Palma and Richfield Storm Water Sustainability Improvement Project on behalf of the City of Anaheim and if City Council Minutes of October 18, 2016 Page 11 of 30 awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget accordingly (application for $1,657,382 in grant funds with local matching funds of $1,657,382 for a total project cost of $3,314,764). RESOLUTION NO. 2016-195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Public Works or designee to submit an application to the California Natural Resources Agency for grant funds for the California Urban Rivers Grant Program under the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1) for the Modjeska Park Underground Storm Water Detention and Infiltration System on behalf of the City of Anaheim and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget accordingly (application for $1,787,519 in grant funds with matching grant funds of $1,787,520 for a total project cost of $3,575,039). R100 24. Determine that the La Palma Park synthetic soccer field is categorically exempt from the California Environmental Quality Act pursuant to Class 1, Section 15301, Existing Facilities, of Title 14 of the California Code of Regulations. RESOLUTION NO. 2016-196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Community Services or his designee to submit an application for Youth Soccer and Recreation Development Program grant on behalf of the City of Anaheim to the State Department of Parks and Recreation, and if awarded, authorizing the acceptance of such funding on behalf of the City (application for $1,000,000 in grant funding). 25. RESOLUTION NO. 2016-197 A RESOLUTION OF THE CITY COUNCIL OF D182 THE CITY OF ANAHEIM modifying the electric rates, rules and regulations by modifying Rule Nos. 1, 2, 15.0, 15.1, 15.2 and 18, which do not increase rates, for the sale and distribution of electricity as adopted by Resolution No. 71 R-478 and most recently amended by Resolution No. 2016-006 and determining that this resolution is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(3), 15061(b)(3), 15378(b)(2), 15378(b)(4), and 15378(b)(5) of Title 14 of the California Code of Regulations (modification reflect changes consistent with Anaheim's Regulatory Relief Efforts). RESOLUTION NO. 2016-198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM modifying the water rates, rules and regulations by modifying Rule Nos. 1, 2, 15, 19, 20, and 23, which do not increase rates, for the sale and distribution of water as adopted by Resolution No. 72R-600 and most recently amended by Resolution No. 2016-028 and determining that this resolution is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(3), 15061(b)(3), 15378(b)(2), 15378(b)(4), and 15378(b)(5) of Title 14 of the California Code of Regulations (modification reflect changes consistent with Anaheim's Regulatory Relief Efforts). D182 26. RESOLUTION NO. 2016-199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Associate Membership in the Golden State Finance Authority (Authority); consenting to the inclusion of properties within the territory of the City of Anaheim in the Authority's Property Assessed Clean Energy (Pace) Program; authorizing the Authority to conduct contractual assessment proceedings and to levy contractual assessments within the City of Anaheim in accordance with the California City Council Minutes of October 18, 2016 Page 12 of 30 Streets and Highways Code; and approving a Participation Agreement with the Authority and its Program Administrator; and authorizing the City Manager to execute the Authority's Amended and Restated Joint Exercise of Powers Agreement and Participation Agreement and take such actions as necessary to implement and administer the agreements. RESOLUTION NO. 2016-200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Associate Membership in the Golden State Finance Authority (Authority); consenting to the inclusion of properties within the territory of the City of Anaheim in the Authority's Property Assessed Clean Energy (Pace) Program; authorizing the Authority to conduct Mello -Roos proceedings and to levy assessments within the City of Anaheim in accordance with the California Government Code; and approving a Participation Agreement with the Authority and its Program Administrator; and authorizing the City Manager to execute the Authority's Amended and Restated Joint Exercise of Powers Agreement and Participation Agreement and take such actions as necessary to implement and administer the agreements. C420 27• ORDINANCE NO. 6381 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Table 120-B of Section 18.120.040 (Uses) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code (Specific Plan Adjustment No. 2016-00068 to conditionally permit a church use in an existing industrial office complex within the Anaheim Canyon Specific Plan area; 1300 North Kellogg Drive, Crosspointe Church) (Introduced at Council meeting of September 27, 2016, Item No. 21). 28. ORDINANCE NO. 6382 (ADOPTION) AN ORDINANCE OF THE CITY OF C280; ANAHEIM amending various chapters of Title 18 of the Anaheim Municipal Code and C420 Section 1.04.150 (Planning Department - Offices of Planning Director and Chief Building Inspector) of Chapter 1.04 (Officers and Departments) of Title 1 (Administration), and finding and determining that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project, as defined in Section 15378 of the CEQA Guidelines (Zoning Code Amendment No. 2016-00133) (Adjustment No. 9 to the Disneyland Resort Specific Plan No. 92-1 (SP 92-1)) (Adjustment No. 8 to the Anaheim Resort Specific Plan No. 92-1 (SP 92-2)) (DEV2016-00065) (modify certain development standards, permitted land uses, procedures and definitions contained in the Zoning Code) (Introduced at Council meeting of September 27, 2016, Item No. 22) 29. ORDINANCE NO. 6383 (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. 2016-00290) (DEV2016-00012) (719 North East Street; rezoning the property from "RM -3" Multiple -Family Residential zone to "RS - 2" Single -Family Residential zone). 30. ORDINANCE NO. 6384 (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. 2016-00295) (DEV2016-00048) (807 and 807 Y2 South Dale Avenue; rezoning the property from "T" Transition zone to "RS -2" Single -Family Residential zone). City Council Minutes of October 18, 2016 Page 13 of 30 C280 31. ORDINANCE NO. 6385 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2016-00298) (DEV2016-00054) (123 North Rio Vista Street; rezoning the property from "T" Transition zone to "RS -2" Single -Family Residential zone). D114 32. Approve minutes of the City Council meeting of July 12, 2016. END OF CONSENT: D155 6. Authorize and direct the Community & Economic Development Director to negotiate and implement the form of a compensation agreement with affected taxing agencies consistent with the proposed terms, providing funding for economic development within the Merged Project Area, including Beach Boulevard Economic Development Initiative (continued from September 27, 2016, Item No. 15). City Manager Paul Emery reported this item was continued by Council to allow the opportunity for the City to speak with other parties. John Woodhead, Community & Economic Development Director, explained in accordance with Redevelopment Dissolution Law, the Successor Agency to the Anaheim Redevelopment Agency (Successor Agency), the Oversight Board, and the California Department of Finance have approved a Long Range Property Management Plan (LRPMP) pursuant to which the Successor Agency conveyed to the City of Anaheim a series of properties located within the Merged Project Area to be retained by the City, for what is described as future redevelopment activities or Tier One Properties. He continued that the city proposed a new paradigm for the disposition and development of the Tier One Properties which will increase overall revenues to all taxing agencies. He added, the proposed terms leverage land sale proceeds that would otherwise have gone to the taxing agencies, and net new revenues resulting from expanded development, to fund, among other things, acquisitions and infrastructure improvements to induce appropriate private development and assist in the implementation of the Beach Boulevard Economic Development Initiative. Under the program, Mr. Woodhead explained the City and taxing agencies would enter into agreements for a term of fifteen years with the following terms: The City would maintain an Economic Development Fund where all deposited money and earnings thereon would be used as an economic development tool for the purposes of land acquisition and disposition, site clearance, land write-down, public improvements, and similar and related economic development activities, in substantially the same manner as the former Redevelopment Agency. These activities would be applied to properties adjacent to Tier One properties (Tier Two Properties) and properties critical to the furtherance of redevelopment objectives (Tier Three Properties). The source of monies for the fund would include: all net proceeds from the sale of the Tier One Properties, including money that otherwise would have been distributed to the taxing entities; all incremental sales tax, transient occupancy tax and property tax collected for the benefit of the City from Tier One, Tier Two and Tier Three Properties over and above the cost to the City for providing general municipal services related to these properties; and fifty percent of the City's share of Redevelopment Property Tax Trust Fund. Subject to the negotiation and execution of agreements with each of the affected taxing agencies, the Fund could provide nearly $100 million at the end of year five that would be available for expenditures necessary to effectuate critical development within the Merged Project Area, including the Beach Boulevard Economic Development Initiative. City Council Minutes of October 18, 2016 Page 14 of 30 Mr. Woodhead concluded that through preliminary discussions, the concept had been received favorably by officials at the County of Orange and Anaheim Elementary School District (AESD). DISCUSSION: In response to Council Member Vanderbilt, Mr. Woodhead replied that the city could move forward absent participation by other entities however, the strategy was to work with the largest recipients for property tax, the County and school districts, and then other entities may join after knowing the concept had been fully vetted and approved. Mr. Woodhead continued that staff was seeking approval to move forward with the conversations and negotiations within the proposed framework and would bring agreements back to Council for consideration, likely in January 2017. Mayor Tait expressed concern regarding the letters received from AESD and Anaheim Union High School District regarding this issue and not knowing the concept. Mr. Woodhead explained that preliminarily the concept made sense to the schools based on their funding mechanisms through property tax and the State's general fund and by moving forward with discussions, the districts would be able to review the program with their management and attorneys. Paul Emery, City Manager, clarified that staff was solely seeking authorization to begin discussions with the other entities and any agreement would need to be a joint and mutual agreement brought back for Council consideration, continuing the intent was to provide Council preliminary information so they were not surprised if they heard from the other entities. He further explained the motion would be to direct staff to initiate discussions with the taxing agencies, report back to Council on opportunities that may be available and provide an opportunity for Council to weigh in on recommendations on how to, if to, and where to pursue. Council Member Murray appreciated the clarification and believed this to be a critical component in moving forward with the West Anaheim Economic Development program as well as assisting the schools. MOTION: Council Member Murray moved Item No. 6, seconded by Mayor Pro Tem Kring. Approved Vote: 5-0. Motion carried. AGR- 13. Approve the Subdivision Agreement of Parcel Map No. 2012-148 with Uptown Anaheim 10334 Apartments, LLC for a mixed use development with 220 apartments and 18,000 square feet of commercial retail uses surrounded by Lincoln Avenue, Anaheim Boulevard, Cypress Street, and Lemon Street. Rudy Emami, Public Works Director, reported this was a routine item stating this project had been approved by the Planning Commission in 2014 and 2015 for a Tentative Parcel Map and was now at the stage where a final parcel map needed to be approved. The final parcel map included one condition for approval requiring the developer to execute an agreement with the city to ensure public improvements that were imposed on the project would be completed within 12 months of approval of the parcel map. In response to Council Member Vanderbilt's question about community outreach due to concern about traffic impacts, Mr. Emami explained the outreach process had been completed and all changes to the project incorporated. City Council Minutes of October 18, 2016 Page 15 of 30 MOTION: Council Member Brandman moved to approve Item No. 13, seconded by Council Member Murray. Approved Vote: 5-0. Motion carried. AGR- 14. Approve a non-binding Letter of Understanding with The Logan Wells Memorial 10335 Foundation for the potential development of a skate facility in east Anaheim (west of the East Anaheim Gymnasium). Brent Dennis, Community Services Director, reported this action would establish a non-binding Memorandum of Agreement between the City and the Logan Wells Memorial Foundation which had made significant inroads in fundraising for development of a skate park. The project was estimated to cost $200,000, with a little over $145,000 already raised, and would be designed through an engagement process with area youth and would include the possibility for phased construction if the Foundation was successful beyond its initial fundraising goal. Council Member Murray acknowledged this community effort following a tragedy to create a safe place for young people as well as Community Services staff for opening skate parks throughout the City over the past few years. MOTION: Council Member Murray moved to approve, seconded by Council Member Brandman. Approved Vote: 5-0. Motion carried. B105 33. Nominate and [re] appoint a representative to the Orange County Water District for a term of four years, ending December 4, 2020. Mayor Tait declared a potential conflict and excused himself from the dais at 8:56 P.M. Orange County Water District [Re] Appointment: Council Member Brandman (term ending December 4, 2020) (Incumbent, Council Member Brandman) MOTION: Council Member Murray nominated Council Member Brandman for re -appointment to the Orange County Water District, seconded by Mayor Pro Tem Kring. DISCUSSION: Council Member Vanderbilt questioned the timing of this item with Council Member Brandman explaining the City had received a letter from OCWD requesting the City address the appointment prior to the December term date. VOTE: 4-0-1 (AYES: Mayor Pro Tem Kring and Council Members Murray, Brandman and Vanderbilt; NOES — 0; ABSTAIN: Mayor Tait). Motion carried. Mayor Tait returned to the dais at 9:01 P.M. D150 34. Receive report from Community Services Department providing updates on Community Services projects. Brent Dennis, Community Services Director, reported over $30 million of improvements had been implemented throughout city parks over the past 10 years. He highlighted projects that had been recently accomplished since 2012. City Council Minutes of October 18, 2016 Page 16 of 30 Mr. Dennis noted the importance of partnerships in advancing park improvements such as a $500,000 donation by the Disneyland resort, playground improvements by Kaboom!, and helmets provided by Anaheim Fire & Rescue to help children play safely in the parks. He also explained the great community involvement in design and volunteerism which helped create a sense of ownership in the parks and led to decreased vandalism. DISCUSSION: In response to Council Member Vanderbilt, Mr. Dennis explained auditors walked through the Miraloma Park and Family Resource Center to ensure the funding from the granting agency was used to build what was proposed. He further explained that attendance/participation was collected by staff however passive park usage was harder to quantify. In regard to bathroom restoration, Mr. Dennis explained there would be increased janitorial service as well as an updated master plan process for many parks where restrooms would be a top priority. Mr. Emery added staff was looking to incorporate restroom maintenance as part of the mid -year budget review and for the next budget cycle as well as to accelerate fixture change outs when there were not enough resources for an entire new bathroom. Mayor Pro Tem Kring requested more park rangers and more surveillance of Palm Lane Park due to the skate park as well as at Ponderosa where she thought more skate park areas may be needed due to overcrowding. Council Member Murray thanked staff for highlighting park improvements across the city, explained it took time for such improvements to materialize after the budget was approved, and noted such improvements were possible due to investments providing additional revenues. Mayor Tait reiterated Council Member Vanderbilt's concerns regarding restrooms and requested through the budget process there be a citywide effort to make Anaheim's parks the best around to help people feel safe and have a pleasant experience. Council Member Murray requested a discussion of returning park maintenance to city staff rather than contracting out during the mid -year budget review, citing fewer complaints and issues when staff was involved. In response to Council Member Brandman, Mr. Dennis explained this report focused on parks but that Euclid and Sunkist Libraries were reopening the following week following renovation projects. With no objection from Council, the report was unanimously received. E127 35. Referendum Petition concerning Ordinance No. 6376, Development Agreement No. 2016-00001. Reconsideration of Development Agreement No. 2016-00001 with Good Hope International regarding certain vested development rights in connection with permitting the demolition of existing buildings and the construction of an eight -story Four Diamond Hotel containing 580 rooms and an additional 75,600 square feet of supporting retail, conference/meeting rooms/event space, and restaurants on a designated 8.8 acre property located at 1700 S. Harbor Blvd., and approval of one of the following Resolutions: City Council Minutes of October 18, 2016 Page 17 of 30 Approve an increase to the City Clerk's fiscal year 16/17 budget by $59,741.40 to cover the cost of certification of the referendum petition by the Orange County Registrar of Voters. Motion: A. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, repealing Ordinance No. 6376 approving Development Agreement No. 2016-00001 pertaining to the construction of a Four Diamond Hotel located at 1700 S. Harbor Blvd. •; B. RESOLUTION NO. 2016-201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ordering the submission of a referendum measure to the electors of said City at the General Municipal Election to be held in said City on Tuesday, November 6, 2018 (Ordinance No. 6376; 1700 S. Harbor Blvd.). C. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, calling for the holding of a Special Municipal Election to be held on Tuesday, June 5, 2018 for the submission of a referendum measure to the electors of said City (Ordinance No. 6376; 1700 S. Harbor Blvd.). 901 D. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, calling for the holding of a Special Municipal Election to be held on for the submission of a referendum measure to the electors of said City (Ordinance No. 6376; 1700 S. Harbor Blvd.) In the event the City Council adopts Resolution B or C above, it is recommended that the City Council also adopt the following Resolution: E. RESOLUTION NO. 2016-202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, requesting the Board of Supervisors of the County of Orange to consolidate a (General/Special) Municipal Election to be held on November 6, 2018, with the Statewide (General) election to be held on that date pursuant to Sections 10403 and 10418 of the Elections Code. Mayor Tait announced this item was due to a referendum petition circulated in response to Council's previous approval of a luxury hotel development and economic assistance agreement by Good Hope International and shared that the group had collected over 18,000 signatures requesting Council repeal their previous approval or set an election for the public to vote on the development agreement. He referenced many public speakers who spoke passionately about their trade union jobs, but explained the job of Council was to represent the 350,000 Anaheim residents and restated his opposition to the economic assistance agreements. He expressed City Council Minutes of October 18, 2016 Page 18 of 30 his support for repealing the item, and alternately, setting it for the next general election when voter turnout would be greater. In response to discussion between Mayor Tait and Council Member Murray, Acting City Attorney Kristin Pelletier explained the Economic Assistance Agreement was not on the agenda as they were stand-alone agreements that were not referendized nor agendized. She continued that the referendum petition related to the development agreement which approved existing entitlements via a quasi -adjudicatory proceeding and extended them for a five-year term, giving the developer a longer time before needing to break ground and vesting their rights. Ms. Pelletier also explained the law was unclear if the approval of the economic assistance agreements was a legislative act subject to referendum, but the petitioners did not attempt to referendize that agreement. MOTION: Mayor Tait moved to approve Item 35-A, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, repealing Ordinance No. 6376 approving Development Agreement No. 2016-00001 pertaining to the construction of a Four Diamond Hotel located at 1700 S. Harbor Blvd., seconded by Council Member Vanderbilt. DISCUSSION: Council Member Vanderbilt questioned the material change between what is currently in place and what would occur after Council's action. Ms. Pelletier explained the development agreement provided an extended five-year term for entitlements without having to take action on the project, with such entitlements remaining in place irrespective of whether the Council repealed the development agreement but only for the shorter period of time they were originally approved for, leading to a shorter window of time for the developer to start the project, take enough steps, and invest enough money to acquire vested rights. In response to Council Member Vanderbilt's questions regarding election timing, Ms. Pelletier explained if Council chose to call an election they could do so for a special election, consolidate with the June 2018 primary election, or consolidate with the November 2018 general election, with costs ranging from approximately $10,000 to $600,000. Mayor Pro Tem Kring stated her understanding that the signers of the petition wanted a chance to vote, believed repealing the ordinance would not provide that opportunity, and offered comments regarding the potential revenues available via incentive programs. Council Murray provided historical information about incentive policies and previous Council actions regarding the Resort and her views on how the organization seeking the current referendum process did not address the economic assistance provided to the hotelier nor did it seek to overturn the proposed Disney luxury hotel but was instead trying to create leverage through the ballot box because their representatives did not negotiate in advance for a labor agreement. She continued that the building trades had worked for months prior to Council approval of the agreements to secure a Project Labor Agreement (PLA) to include the Helmets to Hardhats program, and quality, local jobs while she did not see the same efforts put forth by UNITE HERE despite their knowing about the proposed project well in advance and addressed what she believed were misleading statements made by the signature gatherers. Council Member Vanderbilt stated that by rescinding the ordinance today there would be resolution, clarity, and an answer moving forward but if choosing to set it before voters at an election, then the November 2018 election made the most sense to him because it would allow the greatest number of voices to be heard and was also the least expensive election option. Council Member Brandman expressed his preference for a November 2018 election City Council Minutes of October 18, 2016 Page 19 of 30 Council Member Murray stated she stood by her original approval vote and would not vote to repeal the ordinance as she continued to support the project but would support an election in November 2018. Mayor Tait stated his desire to do whatever necessary to stop the projects and subsidies, believing their effect would be felt in diminished services for years to come. MOTION: Mayor Tait moved to approve Item No. 35-A, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, repealing Ordinance No. 6376 approving Development Agreement No. 2016-00001 pertaining to the construction of a Four Diamond Hotel located at 1700 S. Harbor Blvd., seconded by Council Member Vanderbilt. VOTE: 2-3 (Ayes: Mayor Tait and Council Member Vanderbilt; NOES: Mayor Pro Tem Kring and Council Members Murray and Brandman). Motion failed. MOTION: Mayor Tait moved to approve Item No. 35-B, RESOLUTION NO. 2016-201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ordering the submission of a referendum measure to the electors of said City at the General Municipal Election to be held in said City on Tuesday, November 6, 2018 (Ordinance No. 6376; 1700 S. Harbor Blvd.), seconded by Council Member Brandman. APPROVED VOTE: 5-0. Motion carried. MOTION: Mayor Pro Tem Kring moved to approve Item No. 35-E, RESOLUTION NO. 2016- 202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, requesting the Board of Supervisors of the County of Orange to consolidate a (General/Special) Municipal Election to be held on November 6, 2018, with the Statewide (General) election to be held on that date pursuant to Sections 10403 and 10418 of the Elections Code and approve an increase to the City Clerk's fiscal year 16/17 budget by $59,741.40 to cover the cost of certification of the referendum petition by the Orange County Registrar of Voters, seconded by Council Member Brandman. APPROVED VOTE: 5-0. Motion carried. E127 36. Referendum Petition concerning Ordinance No. 6377, Development Agreement No. 2016-00002. Reconsideration of Development Agreement No. 2016-00002 with FJS, Inc. regarding certain vested development rights in connection with permitting the demolition of existing buildings and the construction of an eight -story Four Diamond Hotel containing 634 rooms and up to 42,000 square feet of meeting space, up to 31,179 square feet of retail and restaurant space, and a seven -level parking structure, of which the ground floor would be dedicated to back -of -house uses for the Anaheim Convention Center on approximately 6.44 -acre located at 1030 West Katella Avenue and approximately 1.67 - acre triangular parcel of land currently owned by the City and proposed for sale to FJS, Inc., and approval of one of the following Resolutions: Approve an increase to the City Clerk's fiscal year 16/17 budget by $59,024 to cover the cost of certification of the referendum petition by the Orange County Registrar of Voters. Motion: City Council Minutes of October 18, 2016 Page 20 of 30 A. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, repealing Ordinance No. 6377 approving Development Agreement No. 2016-00002 pertaining to the construction of a Four Diamond Hotel located at 1030 W. Katella Ave. OR B. RESOLUTION NO. 2016-203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ordering the submission of a referendum measure to the electors of said City at the General Municipal Election to be held in said City on Tuesday, November 6, 2018 (Ordinance No. 6377; 1030 W. Katella Ave.). •Z C. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, calling for the holding of a Special Municipal Election to be held on Tuesday, June 5, 2018 for the submission of a referendum measure to the electors of said City (Ordinance No. 6377; 1030 W. Katella Ave.). A D. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, calling for the holding of a Special Municipal Election to be held on for the submission of a referendum measure to the electors of said City (Ordinance No. 6377; 1030 W. Katella Ave.). In the event the City Council adopts Resolution B or C above, it is recommended that the City Council also adopt the following Resolution: E. RESOLUTION NO. 2016-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, requesting the Board of Supervisors of the County of Orange to consolidate a (General/Special) Municipal Election to be held on November 8, 2018, with the Statewide (General) election to be held on that date pursuant to Sections 10403 and 10418 of the Elections Code. Mayor Tait stated the same arguments from the previous item applied to this item as well. MOTION: Mayor Tait moved to approved Item No. 36-A, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, repealing Ordinance No. 6377 approving Development Agreement No. 2016-00002 pertaining to the construction of a Four Diamond Hotel located at 1030 W. Katella Ave. and to incorporate the discussion of the previous item to this item, seconded by Council Member Vanderbilt. VOTE: 2-3 (Ayes: Mayor Tait and Council Member Vanderbilt; NOES: Mayor Pro Tem Kring and Council Members Murray and Brandman). Motion failed. MOTION: Mayor Pro Tem Kring moved to approved Item No. 36-13, RESOLUTION NO. 2016- 203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ordering the submission of a referendum measure to the electors of said City at the General Municipal Election to be held in said City on Tuesday, November 6, 2018 (Ordinance No. 6377; City Council Minutes of October 18, 2016 Page 21 of 30 1030 W. Katella Ave.), Item No. 36-E, RESOLUTION NO. 2016-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, requesting the Board of Supervisors of the County of Orange to consolidate a (General/Special) Municipal Election to be held on November 8, 2018, with the Statewide (General) election to be held on that date pursuant to Sections 10403 and 10418 of the Elections Code and approve an increase to the City Clerk's fiscal year 16/17 budget by $59,024 to cover the cost of certification of the referendum petition by the Orange County Registrar of Voters, seconded by Mayor Tait. APPROVED VOTE: 5-0. Motion carried. 5:30 P.M. PUBLIC HEARINGS: C330; 37. ADDENDUM NO. 6 TO FINAL SUBSEQUENT EIR NO. 339 AND MITIGATION C410 MONITORING PLAN NO. 334 GENERAL PLAN AMENDMENT NO. 2015-00504 DEVELOPMENT AGREEMENT NO. 2015-00001 CONDITIONAL USE PERMIT NO. 2015-05806 ZONING CODE AMENDMENT NO. 2015-00128 MISCELLANEOUS CASE NO. 2016-00631 TENTATIVE TRACT MAP NO. 17918 (DEVELOPMENT PROJECT NO. 2015-00024) APPLICANT: Randy Jefferson, LT Global Investments, 350 South Grand Avenue, Suite 3950, Los Angeles, CA 90071 LOCATION: The subject property is commonly known as 2040 South State College Boulevard and consists of approximately 14.8 -acres located at the northeast corner of State College Boulevard and Orangewood Avenue in an area of the City of Anaheim known as the Platinum Triangle. REQUEST: ADDENDUM NO. 6 TO FINAL SUBESEQUENT EIR NO. 339 AND MITIGATION MONITORING PLAN NO. 334 The City Council will determine whether an addendum to the previously certified Platinum Triangle Expansion Project Subsequent Environmental Impact Report No. 339 for the Revised Platinum Triangle Expansion Project, along with Mitigation Monitoring Plan No. 334, together with other previously - approved environmental documentation, serves as the appropriate environmental documentation for the following requests: GPA2015-00504 Request to amend the General Plan to revise Table LU -4 of the Land Use Element to modify the density provisions for properties within the Platinum Triangle area, designated for mixed-use land use, to reduce the maximum number of dwelling units from 19,027 to 17,348 dwelling units; to increase the maximum square feet of commercial space from 4,735,111 to 4,782,243 square feet; and, to reduce the maximum of amount of office space from 9,652,747 to 9,180,747 square feet. In addition, a modification to the Land Use Plan (Figure LU -4), Existing and Planned Bicycle Facilities (Figure C-5) and Green Plan (Figure G5) of the Anaheim General Plan is required in order to remove the designation of a public park on the Project Site. DAG2015-00002 Request to approve a Development Agreement between the City of Anaheim and LTG Platinum LLG to provide for the development of a Master Site Plan for a mixed-use community of up to 405 residential units, 433,000 gross square feet of commercial uses, a 200 -room hotel (previously published at 215), and 77,000 gross square feet of office. The development agreement includes a Master Site Plan that provides the framework for the development of the site. CUP2015-05806 Request to approve the sale and service of alcoholic beverages for on-site consumption for 21 restaurants, including two Brew -Pubs (as defined by the City Council Minutes of October 18, 2016 Page 22 of 30 California State Department of Alcohol Beverage Control), and the sale of alcoholic beverages for off-site consumption for one market. ZCA2015-00128 Request a zoning code amendment to allow a conversion and transfer of unused development intensity from the Gateway, Gene Autry, Katella, and Orangewood Districts to the Stadium District. In addition, the overall allowable residential units and office square footage within the Platinum Triangle would be reduced and the allowable commercial square footage would be slightly increased. MIS2015-00621 Request to amend the Platinum Triangle Master Land Use Plan (PTMLUP) to revise the district boundaries for the Stadium and Gateway Districts, allow a reduction, conversion, and transfer of unused development intensity from the Gateway, Gene Autry, Katella, and Orangewood Districts to the Stadium District, and modify the park and street locations consistent with the Proposed Project. SUBTM17918 Request to approve Tentative Tract Map No. 17918 to subdivide the site into two parcels that correspond with the two Development Areas shown on the proposed Master Site Plan for the project. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended City Council approval of Addendum No. 6 to Final Subsequent EIR No. 339 and Mitigation Monitoring Plan No. 334, General Plan Amendment No. 2015-00504, Development Agreement No. 2015-00001, Conditional Use Permit No. 2015-05806, Zoning Code Amendment No. 2015-00128, Miscellaneous Case No. 2016-00631, and Tentative Tract Map No. 17918 (Resolution Nos. PC2016-069, PC2016-070, PC2016- 071, PC2016-072, PC2016-073, PC2016-074 and PC2016-075) (Planning Commission Meeting of August 22, 2016) VOTE: 4-0 (Chairman Caldwell and Commissioners Henninger, Lieberman and Seymour voted yes. Commissioners Bostwick and Dalati were absent.). (Public hearing continued from the Council meeting of September 27, 2016, Item No. 26) RESOLUTION NO. 2016-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting Addendum No. 6 to the Previously - Certified Revised Platinum Triangle Expansion Project Subsequent Environmental Impact Report No. 339 for the Revised Platinum Triangle Expansion Project, along with Mitigation Monitoring Plan No. 334, and determining that said addendum, together with other previously -approved environmental documentation, serves as the appropriate environmental documentation for proposed amendments to the General Plan, the Platinum Triangle Master Land Use Plan, and for a new Tentative Tract Map, Conditional Use Permit and a Development Agreement with LTG Platinum LLC for the LT Platinum Center Project (General Plan Amendment No. 2015-00504, Development Agreement No. 2015-00001, Conditional Use Permit No. 2015-05806, Zoning Code Amendment No. 2015-00128, Miscellaneous Case No. 2016-00631, Tentative Tract Map No. 17918) (DEV2015-00024). RESOLUTION NO. 2016-206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting General Plan Amendment No. 2015- 00504 (General Plan Amendment No. 2015-00504) (DEV2015-00024). RESOLUTION NO. 2016-207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting an amendment to the Platinum Triangle Master Land Use Plan for the LT Platinum Center Project (Miscellaneous Case No. 2016-00631) (DEV2015-00024). City Council Minutes of October 18, 2016 Page 23 of 30 ORDINANCE NO. 6386 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF CITY OF ANAHEIM amending certain sections of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code (Zoning Code Amendment No. 2015-00128) (DEV2015-00024). RESOLUTION NO. 2016-208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting Conditional Use Permit No. 2015- 05806 for multiple alcoholic beverage control licenses for On Sale Beer & Wine — Eating Place, On Sale General — Eating Place, On Sale General — Brewpub, and Off Sale Beer & Wine/General for the LT Platinum Center Project (Conditional Use Permit No. 2015- 05806) (DEV2015-00024). RESOLUTION NO. 2016-209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Tract Map No. 17918 for the LT Platinum Center Project (Tentative Tract Map No. 17918) (DEV2015-00024). ORDINANCE NO. 6387 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF CITY OF ANAHEIM approving that certain Development Agreement No. 2015-00001 by and between the City of Anaheim and LTG Platinum LLC and authorizing the Mayor to execute said agreement for and on behalf of the City (DEV2015-00024). At 9:53 P.M, the public hearing was considered. David Belmer, Planning and Building Director, reported the proposed LT Platinum Center project was unanimously recommended for Council approval at its public hearing on August 22, 2016 and subsequently at the September 27, 2016 City Council meeting, the applicant requested a continuance. Mr. Belmer advised the project was on an approximately 15 acre site located on the northeast corner of State College Blvd. and Orangewood Avenue currently consisting of a vacant industrial building and an unimproved parcel of land with surrounding uses of Angels Stadium to the north, Anavia Apartment community to the west, Gateway Apartment Homes to the south, and George Apartments under construction to the east. Mr. Belmer stated the site has been designated by the General Plan for mixed use development since 2004, coinciding with the original adoption of the Platinum Triangle Master Land Use Plan (PTMLUP) which set the goals and visions for the area, chief among them blending leading-edge businesses and employment, entertainment, and residential uses into the same development to create a unique and integrated walkable, urban environment. He further reported the proposed project included: 405 residential units consisting of 255 apartments and 150 condominiums in a high-rise development, 77,000 square feet of office space, and 433,000 square feet of retail space, resulting in a mixed-use development in which to live, work, and shop. He enumerated the requested actions before Council: a General Plan amendment, a Conditional Use Permit for ABC licenses for retailers, a Tentative Tract Map to subdivide the development site, and a Development Agreement. The project site would be developed in two phases with Phase 1 on the eastern portion of the site next to the George Apartments, consisting of 255 apartments, not less than 40,000 square feet of commercial uses on the ground floor wrapped around a parking structure, and retail spaces along the street frontage of Orangewood Avenue and A Street. The second, larger phase would include 150 condominiums in a high rise structure, 77,000 square feet of office space, 338,000 square feet of retail space in a mall design, a 200 -room hotel, and a multi-level parking structure. The project site is in the Gateway District of the PTMLUP which allows for development of up to 878 residential units on the site, such as a project previously approved in 2007 but never constructed. In order to accommodate the proposed project, the applicant is City Council Minutes of October 18, 2016 Page 24 of 30 requesting to transfer density from other districts and sub -areas of the Platinum Triangle to the project site. With the exception of the Stadium District, the transfers are from sub -areas where projects have already been approved and the developers have chosen intentionally and willingly to develop projects less intense than permitted by the PTMLUP. Transfers would also convert or reduce a small portion of office development for increasing commercial uses; similar conversions have been previously approved by Council in the PTMLUP which is an evolving area where minor modifications are needed to achieve the overall vision for the Platinum Triangle. The proposed transfer includes approximately 9% of commercial development and 1 % of office development currently allocated to the Stadium District to the project site. Staff has analyzed the remaining development rights and found them more than adequate to accommodate the build out of the property as conceptually shown and an urban center surrounding the stadium. The remaining commercial development would be 3.4 million square feet retail, equivalent to South Coast Plaza, and the Stadium District could still accommodate approximately 5,200 residential units and 3.1 million square feet of office development. Mr. Belmer continued that the applicant has requested to revise district boundaries to move the project from the Gateway District to the Stadium District whereby they can request flexible development standards. While parks are required in the PTMLUP where residential is proposed and this project would require a park approximately'/2 acre in size, the dynamic design of the project would make it difficult to provide a park that complies; he advised that a typical public park was therefore not proposed, rather the park needs would be met through innovative, alternative provisions through a variety of urban spaces, town squares, and private recreation areas. Per the Development Agreement, the City can program the largest recreation area, the Town Square, for public use up to six times per year. Additionally, the development agreement defines roles and responsibilities, provides public amenities including a police substation, the ability to program town square, and dedication to the City of the approximately 9,000 square foot railroad spur parcel adjacent to the Stadium at no cost to facilitate access to future stadium development. In regards to environmental review and compliance with CEQA, Council approved an Environmental Impact Report (EIR) when the Platinum Triangle was approved. As part of this project, an addendum to the EIR is recommended to look at potential impacts including a traffic impact analysis. Mr. Belmer noted Angels Baseball had filed an appeal of the Planning Commission recommendation, which was not appealable, and also requested additional time to review the operational characteristics of this project. Staff had responded to all letters submitted by the Angels, such correspondence being incorporated into the official record of the project. He concluded that staff recommended approval of the proposed LT project as a carefully designed and planned project that embraces and implements the City's vision for the Platinum Triangle and the addendum addresses impacts consistent with its objectives. Mayor Tait opened the public hearing. Randy Jefferson, LT Global Investments, explained a great deal had been accomplished over the past three weeks through reviewing the project internally and with the Angels and city staff. He explained the project was the product of over a year and half's collaboration of a team of designers from Orange County and Los Angeles to create a complete and mixed use project, consistent with the intention of the Platinum Triangle. He described the project as containing 433,000 square feet of entertainment, restaurant, retail, and grocery space, a 200 -key hotel, a 77,000 square foot office building, 255 residential units, and 150 condo units. The project is very urban with a significant program of urban plaza and park space, with the opportunity for staging events. He continued that LT would construct the Platinum Triangle's first police City Council Minutes of October 18, 2016 Page 25 of 30 substation and turn it over to the Police Department with the first occupancy of the second phase of construction. The LT Platinum Center is intended to be a very urban people space, to provide a center to Anaheim as originally defined by the Platinum Triangle, a place to be seen, a place to be, a place to live, and, most importantly, a concept of mixed use. He provided financial aspects of the project including $1 billion in total economic benefits, $450 million of direct investment, 5,000 construction jobs, 1,100 permanent jobs, roughly $5 million generated for the general fund, $3 million for schools, $3 million for in lieu park fees in addition to the urban spaces and public space within the project, and first police substation in PT. He addressed the triangular piece of land as essentially a gift of 5,800 square feet of LT property to help make that portion of the parking lot more efficient in its operations and expressed LT's pride to be a part of the Anaheim community, describing its support of many local non-profit groups. Additionally, he reported the vacant building would be made available to Anaheim Fire and Rescue over the next few months to conduct training exercises prior to its demolition. Mike Robbins submitted documents, supported the project as being developed with no subsidies, and offered comments related to the Angels and its management. Martin Lopez expressed his desire for an agreement within this project to benefit the future workers of the hotel and restaurants, stating calls to the developer had not been returned. He expressed concern for the need for living wages and benefits and local hiring provisions and hoped this large development would set a precedent in the County for supporting workers. Absent such agreements, Mr. Lopez stated he and UNITE HERE opposed the project. William Fitzgerald commented he believed this hearing violated this Brown Act and should have been separated into different hearings to address different items. He continued to address potential relationships between the developers, the Angels, Disney, and consulting firms. Jeff LeTourneau believed this was the ideal opportunity for Council to insist on a PLA for the building trades who will construct the project, a card check agreement, and a community benefits program that would justify all the profits to be made. John Machiaverna, Boys and Girls Club, acknowledged LT Global's contributions to his organization to help local children and urged Council to support the project. Victoria Michaels submitted photographs and questioned whether the proposed hotel would be 3 or 4 stars and if it would be subsidized. She continued with comments unrelated to the public hearing regarding park restrooms, sidewalks, and street conditions in Districts 1 and 3. Bob Donelson believed the City should have an ordinance requiring PLAs and union neutrality clauses on all building projects within the City, wishing it could extend countywide to project workers. Jose Moreno, District 3, hoped Council would negotiate regarding all the environmental and economic impacts the project would have including on the local school district. He encouraged the developers to pay wages that would allow workers to live in the city, so as to not increase poverty or those reliant on community services to survive. Randy Jefferson stated they were concerned with many of the issues raised tonight and worked on them through volunteer efforts and by commitment to the City overall. He believed this project was a significant contribution to the development of the Platinum Triangle and would help center activity, living, and energy in that area. City Council Minutes of October 18, 2016 Page 26 of 30 With no further comments offered, Mayor Tait closed the public hearing DISCUSSION: Council Member Murray thanked LT Global for investing in the community and for working with city staff, their Platinum Triangle neighbors, Angels baseball, and highlighted the many benefits of the development. She commended the partnership, collaboration, and cooperation of working together with staff and the Angels on this exciting development and for focusing on transportation and mobility around the stadium and throughout the Platinum Triangle. She reported Angels Baseball had retained Gibson Transportation Consulting to conduct additional traffic analyses related to stadium events and the LT Platinum project and requested all work together to provide an additional analysis of the stadium area and establish baseline traffic conditions that exist in the stadium district and surrounding area. She further requested staff return with a Letter of Understanding (LOU) on baseline conditions and needed transportation improvements, if any, by the November 1, 2016 meeting. Mayor Pro Tem Kring congratulated LT Global for a beautiful project, appreciated their willingness to work with staff and the Angels to overcome any discrepancies, and looked forward to breaking ground by the end of next year. MOTION: Mayor Pro Tem Kring moved to approve Item No. 37, RESOLUTION NO. 2016- 205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting Addendum No. 6 to the Previously -Certified Revised Platinum Triangle Expansion Project Subsequent Environmental Impact Report No. 339 for the Revised Platinum Triangle Expansion Project, along with Mitigation Monitoring Plan No. 334, and determining that said addendum, together with other previously -approved environmental documentation, serves as the appropriate environmental documentation for proposed amendments to the General Plan, the Platinum Triangle Master Land Use Plan, and for a new Tentative Tract Map, Conditional Use Permit and a Development Agreement with LTG Platinum LLC for the LT Platinum Center Project (General Plan Amendment No. 2015-00504, Development Agreement No. 2015-00001, Conditional Use Permit No. 2015-05806, Zoning Code Amendment No. 2015-00128, Miscellaneous Case No. 2016-00631, Tentative Tract Map No. 17918) (DEV2015-00024); RESOLUTION NO. 2016-206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting General Plan Amendment No. 2015-00504 (General Plan Amendment No. 2015-00504) (DEV2015-00024); RESOLUTION NO. 2016-207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting an amendment to the Platinum Triangle Master Land Use Plan for the LT Platinum Center Project (Miscellaneous Case No. 2016-00631) (DEV2015- 00024); ORDINANCE NO. 6386 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF CITY OF ANAHEIM amending certain sections of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code (Zoning Code Amendment No. 2015-00128) (DEV2015-00024); RESOLUTION NO. 2016-208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting Conditional Use Permit No. 2015-05806 for multiple alcoholic beverage control licenses for On Sale Beer & Wine — Eating Place, On Sale General — Eating Place, On Sale General — Brewpub, and Off Sale Beer & Wine/General for the LT Platinum Center Project (Conditional Use Permit No. 2015-05806) (DEV2015-00024); City Council Minutes of October 18, 2016 Page 27 of 30 RESOLUTION NO. 2016-209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Tract Map No. 17918 for the LT Platinum Center Project (Tentative Tract Map No. 17918) (DEV2015-00024); and ORDINANCE NO. 6387 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF CITY OF ANAHEIM approving that certain Development Agreement No. 2015-00001 by and between the City of Anaheim and LTG Platinum LLC and authorizing the Mayor to execute said agreement for and on behalf of the City (DEV2015-00024), seconded by Council Member Murray. DISCUSSION: Prior to the vote, Council Member Brandman disclosed he had conversations with both the applicant and the appellant during the course of the project submittal, with Mayor Tait, Mayor Pro Tem Kring, and Council Members Murray and Vanderbilt disclosing the same. Mayor Tait commended LT Global for investing $450 million into Anaheim and providing jobs through a project consistent with the original vision for the Platinum Triangle which would serve as a catalyst for future growth and create a sense of place in the stadium/Platinum Triangle area even when games weren't occurring. APPROVED VOTE: 5-0. Motion carried and ordinances introduced. F130.2 38. This is a re -hearing to receive the Taxi Advisory Committee report and consider ordinances of non-exclusive franchises for the operation of two hundred and fifty-five (255) taxicabs within the City (continued from September 27, 2016, Item No. 28). ORDINANCE NO. 6388 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a non-exclusive franchise to Yellow Cab Company of Northern Orange County, Inc. dba Yellow Cab of Greater Orange County, for the purpose of operating taxicab service in the City of Anaheim; and stating the term and conditions upon which said franchise is granted (180 taxicab permits). ORDINANCE NO. 6389 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a non-exclusive franchise to Cabco, Inc. dba California Yellow Cab, for the purpose of operating taxicab service in the City of Anaheim; and stating the term and conditions upon which said franchise is granted (75 taxicab permits). Accept the Taxi Advisory Committee recommendations based on a re-evaluation and re - scoring of previously submitted proposals for taxi services in the City. Mayor Tait reported, as this item had been continued, the staff report had been presented at the previous meeting and requested staff only highlight essential items. David Belmer, Planning and Building Director, stated this was a rehearing, pursuant to a court order, of taxi franchises awarded in 2012. The court, in response to a lawsuit filed by 24/7 Taxicab Company, ruled the original rehearing was partially correct and partially incorrect due to the need for both staff and the Taxi Advisory Committee (TAC) to review additional information provided by the applicants. Mr. Belmer explained this was now a rehearing of the 2012 hearings related to the taxi franchises. He reported the TAC had been reassembled, had re-evaluated the original proposals and the additional information submitted by the four original applicants, and had rescored the proposals. He stated the scores were largely consistent with those from 2012 with only minor deviations, as noted in the report provided to Council. He stated staff's City Council Minutes of October 18, 2016 Page 28 of 30 recommendation was to award franchises to the top two companies that scored in that process: 180 of a total of 255 permits to Yellow Cab of Greater Orange County and 75 of a total of 255 permits to California Yellow Cab. Mayor Tait opened the public hearing and, with no objection, increased the time limit to 20 minutes for each applicant consistent with the previous meeting. Tim Conlon, California Yellow Cab, explained their comments were the same as four years ago and at the last meeting. With two companies having scores so close to each other, he did not understand how that translated into an allocation of franchise vehicle permits 150% more to the other company. He believed the developments of the past few months gave Council an opportunity to correct a mistake and requested they award all 50 of the available permits to California Yellow Cab. Larry Slagle, Yellow Cab of Greater Orange County Vice -President, explained his company had been in Anaheim since 1945 and had served the community in various ways. When the City started the concept of taxi franchises, the idea was to find the highest quality provider, require newer cabs, and require a higher degree of taxi service than that of the rest of the county through OCTAP, and go out to bid regularly to avoid a rollover of permits. He continued that Yellow Cab voluntarily gave up 110 permits when the process started and believed previous history, fleet size, and ratings should be considered. He supported the calculations and the TAC recommendation. Konstantinos Roditis, 24/7 Taxicab President, disputed the truthfulness of the TAC report and stated the City went to a franchise system due to a previous lawsuit filed by his parents. He offered his view that the process has been filled with corruption which he believed would be brought to bear via the ongoing lawsuit and upcoming trial. He compared the submittals of the three remaining companies related to reporting relationships and time allocations, emphasizing details provided by his own company. He addressed other aspects of the TAC report and his company's scoring including: the lack of recommendation letters due to government agencies not providing them, financial aspects that would be addressed in court, quality control by the president run by management, addressing complaints, size of facilities and equipment, computer and server systems, fleet accessibility, and green vehicle standards. He quoted the City's demand study that 44.4% of hotels complained about the other taxi services and stated California Yellow Cab was not allowed at the Convention Center or Disney properties due to terrible service, explaining 24/7's process was for shift supervisors to obtain all information on complaints to handle them and escalate to the office manager then general manager if necessary. He also questioned the figures provided by the other companies for ADA compliance, believing they did not meet the RFP requirement of 5% of fleets being accessible, stating that provided numbers of accessible vehicles was below 5% of allocated permits. Mayor Tait briefly recessed the Council at 11:13 P.M., reconvening at 11:20 P.M. With no further comments provided, Mayor Tait closed the public hearing. DISCUSSION: Council Member Vanderbilt asked Mr. Belmer for any concerns or comments he may have as he was not part of the initial 2012 considerations. Mr. Belmer stated the TAC was an independent review body of six professionals whose departments interact with the taxicab industry and generated its own report. He continued that 24/7 was the only company for which scores were adjusted upwards, but the TAC had reviewed and analyzed all three proposals when making their recommendation. He believed the court was looking for the TAC report to City Council Minutes of October 18, 2016 Page 29 of 30 stand on its own, which staff believed it did, as well as being objective, in accordance with the Anaheim Municipal Code. In response to Mayor Tait, Sandra Sagert, Community Preservation Manager, confirmed that 24/7 had a total score of 62.25 which was substantially less than the other companies and was always scored in fourth place. She continued that individual scores were adjusted by the TAC but the rankings never changed, and that a bigger gap occurred between the top two and bottom two companies following the reevaluation. Mayor Tait responded that 24/7 was now basically in third place due to the closing of A Taxi, with Ms. Sagert responding that the scoring still included A Taxi due to the need to address the 2012 submittals and the TAC found the large gap between the top two and bottom two companies as reason to allocate all franchise permits to the top two companies only. Mayor Tait expressed appreciation for Mr. Roditis' passion but found the consistency of six committee members ranking 24/7 in fourth place hard to overturn. MOTION: Mayor Tait moved to introduce ORDINANCE NO. 6388 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a non-exclusive franchise to Yellow Cab Company of Northern Orange County, Inc. dba Yellow Cab of Greater Orange County, for the purpose of operating taxicab service in the City of Anaheim; and stating the term and conditions upon which said franchise is granted (180 taxicab permits); and ORDINANCE NO. 6389 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a non-exclusive franchise to Cabco, Inc. dba California Yellow Cab, for the purpose of operating taxicab service in the City of Anaheim; and stating the term and conditions upon which said franchise is granted (75 taxicab permits) and to accept the Taxi Advisory Committee recommendations based on a re-evaluation and re -scoring of previously submitted proposals for taxi services in the City, seconded by Council Member Brandman. VOTE: 5-0. Motion carried and ordinances introduced. REPORT ON CLOSED SESSION ACTIONS: None. COUNCIL COMMUNICATIONS: Council Member Murray expressed her get well wishes to Ray and Art, Public Utilities line workers, who were injured while performing maintenance on an overhead line and thanked Fire and Police for their quick response. She requested staff work with Gibson Transportation Consulting to conduct a traffic analysis regarding the traffic and transportation issues in the Platinum Triangle, particularly in the Stadium area impacted by Stadium events as well as the LT Platinum Project and return with a Letter of Understanding on the baseline traffic conditions and needed transportation improvements in the Stadium area for consideration at the November 22 meeting. Mayor Pro Tem Kring requested the meeting adjourn in memory of Sergeant Steve Owen, LA County Sheriff Department, and the two Palm Springs Officers, Jose Gil Vega and Lesley Zerebny. She highlighted neighborhood street improvements at Crescent Avenue between Euclid and Chippewa and requested staff work with the District Attorney on gang suppression at City parks, specifically at Palm Lane and Stoddard Park. Mayor Tait spoke of the Military Banner Ceremony and the luncheon with the Sister City Commission and delegates from Mito, Japan. He wished for a speedy recovery to the Public Utility line workers who were injured on the job. City Council Minutes of October 18, 2016 Page 30 of 30 ADJOURNMENT: With no further business before the Council and with no objections, Mayor Tait adjourned the October 18, 2016 meeting at 11:33 P.M. in memory of Sergeant Steve Owen, LA County Sheriff Department, and the two Palm Springs Officers, Jose Gil Vega and Lesley Zerebny. Linda N. Andal, CMC City Clerk