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2007/12/11ANAHEIM CITY COUNCIL REGULAR ADJOURNED MEETING OF DECEMBER 11, 2007 The regular meeting of December 11, 2007 was called to order at 3:00 P.M. and adjourned to 4:00 P.M. for lack of a quorum. Mayor Pringle called to order the December 11th regular adjourned meeting at 4:06 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard A copy of the agenda for the Anaheim City Council meeting was posted on December 7, 2007 on the kiosk outside City Hall. PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez, Lucille Kring and Harry Sidhu. STAFF PRESENT: City Manager Dave Morgan, City Attorney Jack White, and City Clerk Linda Nguyen. WORKSHOP -THE PLATINUM TRIANGLE COMMUNITY FACILITIES DISTRICT: Natalie Meeks, Public Works Director, introduced Rick Kreitzer, KFM Engineering, and Andrea Roess, David Tausig & Associates, to present the implementation plan and tax scenarios for the Platinum Triangle Community Facilities District ("CFD"). She indicated various consultants and City staff had worked on this proposal for over two years, adjusting for the changing densities and market conditions. Mr. Kreitzer pointed out that revising the implementation plan from an eight-year build-out to a 10-year phased plan allowed greater flexibility for construction by phases and changes in the market conditions over the ten year period. At the request of property owners and developers, an escalated tax rate was included to start the initial CFD tax rate, as low as possible, and also escalate two percent over the life of the bonds. Ms. Meeks remarked that the first bond issuance was reduced to lessen the tax rates on properties being currently developed to adjust to when building permits were pulled and when the maximum tax would be in effect on developed properties. In addition, a policy resolution was recommended which provided additional guarantees that the City would try to minimize any tax on approved properties, which were waiting to be developed due to market conditions. A fee credit was also included to reimburse developers that had already made some infrastructure improvements. Rick Kreitzer, KFM Engineering, explained the proposed expansion to the CFD would add mixed-use areas around Katella near Orangewood, the ARTIC site and additional office use near Howell and State College Boulevard. The original land use summary versus the expansion added about 8,000 residential units, nearly tripled the office component, added 1.5 million square feet of institutional in the ARTIC site and increased commercial from 2.3 million to 5.7 million square feet of space. KFM developed the implementation plan which had four objectives: to delineate the backbone improvements (streets, sewers, and water lines to support the development within the Triangle; to quantify improvement costs; to develop an implementation schedule and to identify cash flow for implementation of the improvements. This plan, he stated, considered all December 11, 2007 -Page 2 aspects of road improvements, utilities, flood control and drainage improvements, undergrounding and landscaping to support the development. The various projects were then segmented into phases to allow for bid packages that made sense and to have the greatest flexibility with funding. He added that some unfunded projects outside the core in the northern part of the site such as landscaping and undergrounding were also included in the plan and in today's dollars, the total cost for the infrastructure improvements was about $245 million. Working closely with staff on the timing of the project, Mr. Kreitzer indicated a schedule was developed for the 10-phased projects with the final project being the State College undercrossing at the railroad tracks. The cash flow for those phased projects totaled $290 million with estimated construction and engineering costs escalating at three percent a year and right-of-way acquisition escalating at five percent a year. Council held discussion on the higher costs associated with construction phasing and multiple bond issuances versus completing the project in its entirety along with balancing obligations of the developers and potential residential owners to pay for infrastructure improvements. Ms. Meeks emphasized the goal of the phasing was to do each segment only once and to plan on having numerous bond issuances as development occurred and generated enough taxes to pay back those bonds. Andrea Roess, David Tausig & Associates, announced the initial implementation plan and feasibility study had been presented to Council in December 2005 with Council determining the best option was to form separate financing districts to fund the backbone infrastructure and the on-going maintenance costs. Since that time, discussions were held about increasing density and a number of property owners and developers had asked the City to wait and see what happened and the process was put on hold. Last summer, she explained, as data became available, the firm looked at reformulating the tax model based on the new higher costs and the new proposed densities for the Platinum Triangle. Staff and the consultants met with the property owners and the development community to present the revised program and a number of modifications were made to lower the burden on the approved properties, backing up the trigger for developed property and lowering tax rates and other factors in trying to make the CFD more palatable. This current proposal, she remarked, would also form a maintenance assessment district which would fund enhanced street sweeping, landscape and sidewalk maintenance and was expected to exceed the boundaries of the CFD. The plan was to sell multiple bond issues to keep pace with development but also keep in mind the City's need to construct certain improvements in certain time frames. The CFD boundary would include the property originally in the mixed use overlay zone with the addition of three pending or approved projects and the ARTIC district. The Stadium Lofts project, Ms. Roess pointed out, was omitted because a separate CFD for their project had already been formed in 2006 and bonds sold. Mayor Pringle discussed the areas around Katella near the ARTIC property remarking he would be suggesting those areas be part of the ARTIC district and would bring that up at another time. Ms. Roess discussed the rate and method of apportionment as to how the taxes would be levied each year which would be used to pay debt service on bonds or to pay directly for backbone infrastructure. She indicated those taxes would escalate by two percent over the term of the tax, a slight change from the last proposal which had the taxes increasing over a 10 year period. By escalating them for the longer period, she December 11, 2007 -Page 3 remarked, it allowed for slightly more bonding capacity for the same starting tax rates. She pointed out the taxes were now five percent less than in the previous proposal and staff was working with the development community to finalize language that would allow the maximum taxes to be reduced at the time that the entire implementation plan was funded and certain other thresholds were met. Discussion was held over tax rates versus fees with Natalie Meeks pointing out the taxes were based on flat dollar amounts not percentages per Mello Roos law. The previous proposal, Ms. Roess pointed out was a $724 to $2,842 tax per unit and now reflected a range of $704 to $2,700 for residential units. Annual special taxes were proposed for the following categories: developed property, approved property, existing property and undeveloped property, although the numbers were still in flux as developers had requested additional tax categories. The current proposal, she explained, was for taxes ranging on residential property from $704 to $2,754 and $1.62 per square foot on the non residential property. The existing property taxes would be $5,067 per acre, the approved property was up to $100,000 per acre and the undeveloped property was $5,671 per acre. She noted the policy resolution would provide that taxes could only be levied on developed properties so a burden could not be placed on the approved properties to pay directly for facilities. In addition, the policy resolution that would be part of the formation of the CFD stated it was the goal of the City not to issue bonds such that taxing approved property was necessary, although the rate was there if needed. In terms of how the levy was established each year, the developed property would begin paying up to 100 percent of assigned special tax, and the existing property would pay 90 percent of its maximum tax. If additional money was needed, the next step would be to levy on approved property at up to 90 percent of its maximum. The third step would be for 100 percent on approved and existing properties followed up by using undeveloped properties, although the hope was that the City would never need to go to this level for funding. In terms of timing, the resolution of intent to form the CFD would come before Council on January 29, 2008, a public hearing would then be scheduled for March and an election of the affected property owners would be held in June, 2008 with the first bonds issued by next September. Ms. Meeks asked that Item No. 22 be continued to January 29th as the developers had requested incorporating additional tax categories and staff was proposing additional provisions to reduce the maximum tax at such time that more development came on line. The program was funded, she commented, but as the City continued to receive projects for the maximum density of the CFD, it would allow the City to drop the maximum tax for all the projects. Mayor Pringle brought up the point that there was potential funding from the state, OCTA or other agencies that could contribute to the grade separation costs which were estimated at $50 million. He emphasized that the undercrossing represented about 20 percent of the overall CFD and any new resident would have an obligation to pay for their portion on first blush which concerned him that tax rates would be set so high that the marketability of those units would be impacted. He asked if there was some protection available that if funds were not found elsewhere, it would be funded through the development of the Platinum Triangle rather than incorporating that cost into the CFD. Ms. Meeks responded one of staff's goals was to seek grant funding for a significant portion of that project in hopes that it would lower future tax rates but had not anticipated those funds would be guaranteed rather than establishing the cost in the CFD. To take it out of the CFD, she explained, the project could be placed into a December 11, 2007 -Page 4 transportation fee against all of the properties and it would take the life of the build-out to generate all the money necessary for that construction. Some level of funding was necessary at some point in time or there would be gridlock if the City had to wait until year 20 to have all the funds for the project. Ms. Meeks indicated staff would research that issue and return to Council on January 29th with additional data. At 5:07 P.M., Mayor Pringle recessed the meeting, returning at 5:30 P.M., for the balance of the calendar. Invocation: Chaplain Nathan Zug, Anaheim Fire Department Flag Salute: Council Member Sidhu Presentations: Recognizing the Community Emergency Response Team (CERT) graduates - Michele Rivard, Program Manager, introduced the 21St graduating class of the CERT program trained to assist the community during emergencies. Recognizing the 2007 Leadership Anaheim graduates - Before introducing the graduates, Andrea Manes, Program Leader, informed the public the Leadership program had been in effect for ten years and educated individuals about all aspects of City government. ADDITIONS/DELETIONS TO THE AGENDA: Item No. 22 was rescheduled for January 29, 2008 at the request of staff and the applicant for Item No. 28 requested continuance to December 18, 2007. PUBLIC COMMENTS (all items except public hearings): Shirley McCracken, representing Cypress College Foundation, presented the American Ameritus award to the City, informing Council of the purpose of the Foundation. Margaret Pashko, Anaheim Chamber of Commerce, spoke in support of Item No 18, Aramark food and beverage vendors for the Convention Center and the Grove, remarking they had contributing to making Anaheim a world class experience for visitors and conventioneers. A recent graduate of Leadership Anaheim offered her support for Aramark, stating she was touched by Aramark's support of the YMCA and the Boys and Girls Club of Anaheim. Bill Gunderson, Anaheim Marriott, remarked outstanding food and beverage was needed to attract and retain convention and corporate meetings to the City and Aramark had proven experience and success in Anaheim. Adam Malone, General Manager of The Grove, supported retaining Aramark, pointing to food and beverage sales which had grown from $3.5 million in 2005 to $4.3 million in 2007. December 11, 2007 -Page 5 Bill Schroeder, band leader at Loara High School, supported Ovations food and beverage service for the Convention Center, emphasizing their generosity in giving back to the community. Dr. Mehta, explained the JAINA organization was scheduled to hold a convention in Anaheim in 2009 and was pleased to have Aramark as food and beverage providers as they worked with his organization which had specific food needs. Alan Versailles indicated he belonged to the JAINA organization which would host more than 6,000 families in Anaheim in 2009, and looked forward to working with Aramark for their special food requirements. Yogi Shievaniam, JAINA member, also voiced his support for Aramark. Lorie Ganjainey, Ability First, stated her company had enjoyed partnering with the City for the past 17 years and was honored to provide new programs to children with physical disabilities in January. Carol Wells reiterated previous comments offered at other Council meetings regarding the Lincoln Inn and the lack of help provided to her. Frank Parca, Santa Ana Extreme softball, spoke in support of Ovations food service remarking that for the past three years, Ovations had supported his organization which allowed young girls to compete at the highest level in softball. Jack O'Brien, president of Aramark Convention Center Group, stated he was honored at the unanimous recommendation to continue to provide food and beverage service to the Convention Center and the Grove and had worked with Anaheim for many years building trust and relationships with clients. Leslie DeVries, Aramark, stated the firm managed three million square feet to as small as 100,000 square foot facilities and she had worked in the industry for more than 20 years. She was proud of the leadership of local homegrown individuals at the Anaheim Convention Center who would continue to raise the bar for food service at those facilities. Joaquin Fasada, stated he was a product of the Anaheim school system and was proud to be associated with Aramark, the Anaheim Convention Center and the Grove. Nick Nicura, Ovations Service, remarked his organization was committed to maintaining existing staff and would commit that 10 percent of the base fee would go towards training and scholarships for youths and Anaheim would receive a substantially greater return if Ovations Services was selected as food and beverage providers for the Convention Center and the Grove. CONSENT CALENDAR: Item No. 22 was continued to January 29, 2008. Mayor Pringle removed Item No. 13 for further discussion; Council Member Hernandez pulled Item No. 14; Council Member Sidhu removed Item Nos. 15 and 18 and Council Member Kring removed Item No. 19. Council Member Kring moved to waive reading in full of all ordinances and resolutions and to adopt the balance of the consent calendar in accordance with the reports, certifications and recommendations furnished each council member and as listed on the Consent Calendar, seconded by Council Member December 11, 2007 -Page 6 Hernandez. Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 1. Receive and file minutes of the Budget Advisory Commission meeting held May B105 16, 2007; Library Board meeting held October 8, 2007; and Park and Recreation Commission meeting held October 24, 2007. 2. Reject certain claims filed against the City. C118 3. Increase the FY 07/08 Convention, Sports, and Entertainment budget by D106 $40,947.18 to fund Sesquicentennial activities from monies raised through sponsorships and merchandise sold during FY 07/08. 4. Increase the FY 07/08 Public Information Division budget by $18,800 from D106 monies raised through advertising sold for Anaheim Magazine during FY 07/08. 5. Award the contract to the lowest responsible bidder, Karl Scanlan Company, Inc., 4982 in the amount of $2,197,342, for the Santa Ana Canyon Road Transmission Main and Pressure Reducing Station No. 67 and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 6. Award the contract to the lowest responsible bidder, All American Asphalt 4983 Corporation, in the amount of $667,000, for improvements on Knott Street from Orange Avenue to Ball Road, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 7. Award the contract to the lowest responsible bidder, Robert G. Castongia, Inc., in 4984 the amount of $793,081, for the Maple Tree Water Main Replacement and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 8. Approve the Settlement Agreement and Release for the property located at 1780 4985 South Euclid Street for the Katella Avenue Smart Street, Ninth Street to Humor Drive Project, in the final settlement amount of $279,030, and authorize the final settlement payment of $125,000 to Pizza Hut, Inc. (R/W ACQ2004-00193). 9. Approve the Agreement for Demolition of Property with Abdul Aziz, in the 4687.O.A payment amount of $10,000, for property located at 1671 W. Katella Avenue for the Katella Avenue Smart Street, Ninth Street to Humor Drive (R/V1/ ACQ2004- 00195). 10. Approve the Right-of-Entry Agreement with Chester Lee Herbert for property 4986 located at 1935 South Manchester Avenue in order to provide access for environmental investigations during negotiation for the term of sale of property to the City due to the Gene Autry Way (West)/I-5 HOV Interchange project (RNVACQ2003-00164). 11. Approve agreements with SCS Engineers and MSW Consultants, in an amount 4987 not to exceed $71,013, for consulting services to the City on behalf of 34 Orange 4988 County cities currently in negotiations with the County of Orange to determine a ten-year extension to the terms and fees applicable to depositing municipal solid waste in the County's landfills. December 11, 2007 -Page 7 12. Authorize the Purchasing Agent to increase the annual not-to-exceed amount of D180 the current agreement with LaserFiche, Long Beach, California and their affiliated companies, by $393,000 thereby bringing the not-to-exceed amount to $541,000 for document management and archiving of the City's records. 16. Approve and authorize the Public Utilities General Manager to execute an 1545.1 amendment to the existing License Agreement OC-172-A with the Orange County Transportation Authority to increase the annual license fee by $3,113 per year, for four underground installation crossings related to the Electric System Reliability Enhancement Project. 17. Approve the Corporate Sponsorship Agreement with The Bottling Group, LLC, 4991 dba The Pepsi Bottling Group, granting the Pepsi Bottling Group corporate advertising and sponsorship within the Anaheim Convention Center. 20. RESOLUTION NO. 2007-229 A RESOLUTION OF THE CITY COUNCIL D160 OF THE CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a grant application on behalf of the City of Anaheim, with the Governor's Office of Emergency Services, authorizing the Chief to execute all required grant documents, and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal year 2007-08 accordingly. 21. RESOLUTION NO. 2007-230 A RESOLUTION OF THE CITY COUNCIL D175 OF THE CITY OF ANAHEIM certifying that Anaheim has the resources to fund the projects submitted for inclusion in the FY 2008/09 - 2013/14 Transportation Improvement Program and affirming its commitment to implement all of the projects submitted in the program. 22. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM of intention to establish a Community Facilities District and to authorize the levy of special taxes. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM to incur bond indebtedness of the proposed City of Anaheim Community Facilities District No. 08-1 (The Platinum Triangle). Proposed public hearing scheduled January 28, 2008. Confinued to January 29, 2008 City Council meeting. 23. ORDINANCE NO. 6083 (ADOPTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2007-00209, 1325 North Anaheim Boulevard) (Introduced at the Council meeting of November 27, 2007, Item #48). 24. ORDINANCE NO. 6084 (ADOPTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM amending Subsections .020 and .030 of Section 4.22.030 of Chapter 4.22 of Tile 4 of the Anaheim Municipal Code relating to operating requirements December 11, 2007 -Page 8 for smoking lounges (Introduced at the Council meeting of November 27, 2007, Item #49). 25. Approve minutes of the Council meeting of November 27, 2007. OFF CONSENT: 13. Approve a cooperative agreement with the Orange County Transportation 4989 Authority (OCTA) for the development of the Anaheim Regional Transportation Intermodal Center (ARTIC) and accept, on a reimbursement basis, an amount not to exceed $1,535,250 in order for the City to lead in managing the private- sector participation solicitation process. Mayor Pringle announced he had pulled this item from the consent calendar to bring it to the attention of the community as a significant and historical step in the development of the Anaheim Regional Transportation Intermodal Center ("ARTIC"). He explained this item reflected a cooperative agreement with OCTA for Anaheim to take the lead in managing the private partner selection process for development of a plan for the ARTIC site and moved to approve Item No. 13, seconded by Council Member Kring. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 14. Approve a Services and License Agreement with AbilityFirst, anon-profit 4990 organization, for transitioning of the Anaheim Therapeutic Recreation Program to AbilityFirst and to utilize Maxwell Recreation Center to conduct recreational programs for the developmentally disabled living in Anaheim. Terry Lowe, Community Services Director, reported his department had been committed to serving the disabled population since 1973, operating a facility on the grounds of Maxwell Park. He remarked staff believed the non-profit sector could perform better management oversight, bring in greater diversity of programs and potentially expand these programs throughout the City. He added his Department had a 17-year relationship with AbilityFirst for after school care and that this organization, which was selected through a competitive bidding process, would bring the best level of service to Anaheim. The City Manager added this was another example of public/private partnership with the City maintaining current funding levels and the ability to grow and expand incumbent on the private operator. Council Member Hernandez was pleased to hear AbilityFirst's comments during oral communications and was supportive of this program and the partnership with the Anaheim Therapeutic Booster Club and moved to approve Item No. 14, seconded by Council Member Kring. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 15. Determine on the basis of the evidence submitted by Lennar Platinum Triangle, 3750 LLC, that the property owner has complied in good faith with the terms and conditions of Development Agreement No. 2005-00008 for the 2006-2007 review period (A-Town Metro Project). December 11, 2007 -Page 9 Sheri Vander Dussen, Planning Director, reported the City had entered into a development agreement with Lennar Platinum Triangle in 2005 for the development of A-town which included 230,000 square feet of commercial area and 2,681 residential units. The agreement provided that Lennar had five years to meet certain milestones which included construction of infrastructure and a certain number of units. She noted this was the second year for the development agreement and there was enough time for Lennar to comply with the five year milestone and in addition, they had already commenced work and satisfied appropriate conditions of approval and staff recommended Lennar be found in compliance with the development agreement. Council Member Sidhu added there were rumors that with the economic downturn, construction would cease in the Platinum Triangle. He pointed out Lennar was fully committed, roads and underground utilities had been completed, and they were meeting the requirements of the development agreement and moved to approve Item No. 15, seconded by Council Member Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 18. Approve agreements, in substantial form, with Aramark Sports and Entertainment 4964 Service, LLC. for the exclusive food and beverage services at the Anaheim 4965 Convention Center from January 1, 2008 -December 31, 2012 and the Grove of Anaheim from January 1, 2008 -December 31, 2010 (continued from the Council meeting of November 27, 2007, Item #19). Greg Smith, Sports and Entertainment Division, reported the current food and beverage contracts at the Anaheim Convention Center and the Grove were five year agreements that expired at the end of this year. In anticipation, staff reviewed all food and beverage arrangements in similar facilities across the country and determined it was in the best interest of the City to continue managing the food and beverage contract through a management fee agreement. He added staff also determined it would be best to establish financial terms of such agreement and evaluate food and beverage operators solely on qualifications and experience. Under a management fee agreement, the food and beverage operator was paid a flat fee plus some incentives which could not exceed the flat fee and all revenues and all expenses from the sale of food and beverage would revert to the City of Anaheim. This type of agreement was in place for many years and had proven to be the best arrangement to maximize the financial return to the City while giving the City 100 percent control over pricing, staff levels, quality of product and service levels. With this level of control, he explained, the City established the Convention Center as one of the premier food and beverage operations in the country and sales at the Convention Center have grown from approximately $5.5 million in 2000 to nearly $21 million in 2007. He indicated a request for Qualifications (RFQ) resulted in two firms submitting their qualifications -Aramark, the incumbent, and Ovations. An evaluation team which included Tom Wood, Assistant City Manager, Charles Ahlers, president of Anaheim/OC Visitors and Convention Bureau, David Meek, Convention Center Manager, Tanya La Soya, Administrative Services Manager for Convention, Sports and Entertainment Department, Chris Bigelow, President of the Bigelow Companies, an independent professional food and beverage consultant company and Adam Milar, General Manager o The Grove of Anaheim considered the written and oral presentations made by each company and submitted evaluations of each proposer. He remarked the evaluation team was 100 percent unanimous in determining Aramark was the most qualified to be the food and beverage supplier at the Convention Center taking into account a myriad of December 11, 2007 -Page 10 categories upon which the proposals were rated. Although the ratings were not weighted, Mr. Smith explained, the committee felt the most important category was comparable account experience which had the resources to assist the Convention Center with very large events which required additional qualified staff. Council Member Sidhu commented that Aramark had proven experience and success as a food service provider and moved to approve Item No. 18, seconded by Council Member Kring. Council Member Sidhu asked why there were only two vendors submitting proposals. Mr. Smith replied the Request for Qualifications had been distributed to three other firms who indicated they did not want to take the time and effort to take an account from a vendor that was well liked. Council Member Hernandez discussed the disparity between Ovation's proposal and Aramark's and found that Ovation intended to increase revenues by cutting labor costs and reducing wages as well as using other suppliers. For those reasons, Council Member Hernandez was in favor of supporting the incumbent, Aramark. Council Member Kring congratulated Ovations for participating when other competitors chose not to do so. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 19. RESOLUTION NO. 2007-228 A RESOLUTION OF THE CITY COUNCIL D155 OF THE CITY OF ANAHEIM (i) approving the updated Anaheim Colony Historic District Qualified Historical Buildings List, and (ii) authorizing the periodic updating of such List by the Executive Director of the Community Development Department (continued from the Council meeting of November 27, 2007, Item #38). Council Member Kring congratulated the owners of nine new structures being added to the historical listing, remarked it took energy, time, talent and money to restore an older home and moved to approve Item No. 19, seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried PUBLIC HEARINGS: 20. Approve the cancellation of a duly noticed public hearing relating to the approval D160 of a resolution amending The Platinum Triangle Area Infrastructure fees in the fiscal year 2007-08 fee schedule for the Public Works Department. Natalie Meeks, Public Works Director, reported this item was advertised as a public hearing in error as the City did not want to amend fees until the Platinum Triangle CFD were formed. Council Member Sidhu moved to approve Item No. 20, the cancellation of a duly noticed public hearing relating to Platinum Triangle fees, seconded by Council Member Kring. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried December 11,2007-Page 11 27. This is a continued public hearing to consider the adoption of the 2007 edition of M142 the California Building Standards Code and the 2007 California Fire Code (Continued from the Council meeting of November 27, 2007, Item #55). ORD-6085 ORDINANCE NO. 6085 (ADOPTION)AN ORDINANCE OF THE CITY OF previously 15.03 and 15.04 to Title 15 of the Anaheim Municipal Code adopting by assigned No. reference with amendments the 2007 edition of the California Building Standards ORD-6078 at Code, known as California Code of Regulations, Title 24, incorporating the 2006 introduction on edition of the International Building Code including appendix Chapter I, the 2006 11/6/2007. edition of the Uniform Mechanical Code, the 2006 edition of the Uniform Plumbing Code, and the 2005 edition of the National Electrical Code (Introduced at the meeting of November 6, 2007, Item #20). RESOLUTION NO. 2007-231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM setting forth local conditions justifying Amendments to the 2007 edition of the California Building Standards Code, known as California Code of Regulations, Title 24, incorporating the 2006 edition of the International Building Code including Appendix Chapter I, the 2006 edition of the Uniform Mechanical Code, the 2006 edition of the Uniform Plumbing Code, and the 2005 edition of the National Electrical Code. ORD-6086 ORDINANCE NO. 6086 (ADOPTION)AN ORDINANCE OF THE CITY OF previously ANAHEIM repealing existing Chapter 16.08 and adding new Chapter 16.08 of the assigned No. Anaheim Municipal Code adopting by reference with amendments the 2007 ORD-6079 at California Fire Code, incorporating by reference the 2006 edition of the introduction on International Fire Code, with California amendments, as codified within Part 9, 11/6/2007. Title 24 of the California Code of Regulations (Introduced at the meeting of November 6, 2007, Item #20). RESOLUTION NO. 2007-232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM setting forth local conditions justifying amendments to the 2007 edition of the California Fire Code incorporating by reference the 2006 International Fire Code with California amendments as codified in the California Building Standards Code, Part 9, Title 24 of the California Code of Regulations. Sheri Vander Dussen, Planning Director, reported the 2006 Building Codes were before Council for consideration. She indicated the State of California adopted these codes which would be in effect January 1, 2008 and that Council action was necessary to implement local amendments to the Code which were important to the City and to the County. These local amendments were described in the staff report prepared for Council, and Ms. Vander Dussen remarked that most of the local amendments had been adopted by the City but required readopting with the new Code. The Code, she stated, was based on 2006 International Building Code, the 2006 Uniform Mechanical Code, the 2006 Plumbing Code, the 2005 National Electrical Code and the 2006 International Fire Code with state amendments and minimal local amendments were generally uniform throughout the County. Some of the major differences between previous state code and newly adopted code, she explained, included types of construction designations, structural design for seismic December 11, 2007 -Page 12 and wind design requirements and increased requirement for wood frame additions. The previous code provided safety for building occupants by heavily regulating the design and construction of different elements of a building while the new code allowed the use of a sprinkler system as a substitution for some of these design and construction requirements. This would, she explained, allow larger buildings when fire sprinklers were installed. The 2007 Building Code also included a chapter on wild land urban interface building standards, important to Anaheim, as it addressed fire hazard zones and special protection areas. The City, she noted, was authorized to amend the statewide codes and was permitted to address localized issues such as seismic safety, fire and wind hazard conditions. Staff recommended local amendments for adoption by the Council and after further analysis no longer recommended a creation for the definition for private pool outlined in the staff report. These amendments, she noted, were recommended by a local regional uniformity code group, which consisted of local building and fire officials throughout the region. Adopting regional amendments was a benefit to the development community as contractors and developers could move from city to city and deal with consistent codes throughout the region. She pointed out that most of the local amendments were already addressed in the past and this action would carry them forward. The State codes would go into effect on January 1, 2008 and if the ordinance was not processed and adopted, it would mean the local amendments that were present and in effect would not be carried forward. She added that information on the changing codes had been provided at the Building Department counter and on the City's websites. Council Member Sidhu asked if the Building Codes were available on the Internet. There was some discussion on this issue, with Mayor Pringle requested staff investigate how building codes and standards could be available to residents online, highlighting the changes to make readers aware when Anaheim's standards were different from the State adopted code. Council Member Sidhu asked if local regional amendments were available as a separate document and Ms. Vander Dussen replied there was no document available as each local agency adopted their own amendments. Ms. Vander Dussen indicated she would look into placing the local amendments online as well. Mayor Pringle opened the public hearing and receiving no comments, closed the hearing. Mayor Pringle brought up the point that some building codes were to be found in the Health and Safety Code and he felt residents and builders in the City should be able to have all building information on hand as a complete reference to avoid confusion and ambiguity. Discussion was held on the complexities of legislative actions and whether professional building organizations were diligent in monitoring all legislative actions for changes. Questions were asked and answered relative to recent fire code modifications and clarified confusion raised over portable fire pits in homes in the fire hazard zone or special protection area in the Anaheim Hills area. Council Member Sidhu moved to adopt ordinances and resolutions: ORDINANCE NO. 6085 OF THE CITY OF ANAHEIM repealing existing Chapter 15.02 and adding new Chapters 15.02, 15.03 and 15.04 to Title 15 of the Anaheim Municipal Code adopting by reference with amendments the 2007 edition of the California Building Standards Code, known as California Code of Regulations, Title 24, incorporating the 2006 edition of the International Building Code including appendix Chapter I, the 2006 edition of the Uniform December 11, 2007 -Page 13 Mechanical Code, the 2006 edition of the Uniform Plumbing Code, and the 2005 edition of the National Electrical Code; and RESOLUTION NO. 2007-231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM setting forth local conditions justifying Amendments to the 2007 edition of the California Building Standards Code, known as California Code of Regulations, Title 24, incorporating the 2006 edition of the International Building Code including Appendix Chapter I, the 2006 edition of the Uniform Mechanical Code, the 2006 edition of the Uniform Plumbing Code, and the 2005 edition of the National Electrical Code; and ORDINANCE NO. 6086 OF THE CITY OF ANAHEIM repealing existing Chapter 16.08 and adding new Chapter 16.08 of the Anaheim Municipal Code adopting by reference with amendments the 2007 California Fire Code, incorporating by reference the 2006 edition of the International Fire Code, with California amendments, as codified within Part 9, Title 24 of the California Code of Regulations; and RESOLUTION NO. 2007-232 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM setting forth local conditions justifying amendments to the 2007 edition of the California Fire Code incorporating by reference the 2006 International Fire Code with California amendments as codified in the California Building Standards Code, Part 9, Title 24 of the California Code of Regulations and to direct staff to develop a plan by which all building codes and standards could be presented on line and available to the public including local amendments to those codes; seconded by Council Member Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 28. Applicant requests continuance to December 18, 2007. CEQA NEGATIVE DECLARATION WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3124 ZONING CODE AMENDMENT N0.2007-00063 OWNER: Brandon Rainone, Outer Spring Volcano LP, 3364 East La Palma Avenue, Anaheim, CA 92806-2814 AGENT: Brandon Rainone, Outer Spring Volcano LP, 3364 East La Palma Avenue, Anaheim, CA 92806-2814 LOCATION: 3364 East La Palma Avenue: Property is approximately 2.8 acres, having a frontage of 252 feet on the north side of the Riverside Freeway (SR-91) Freeway, a maximum depth of 524 feet, and is accessed via a 652 foot long, 32 foot wide ingress/egress easement on the south side of La Palma Avenue, 1,240 feet east of the centerline of Shepard Street. Conditional Use Permit No. 2007-05209 -Request to remodel an existing bowling facility including an expansion for a management office, four telecommunications towers and two electronic reader board signs with waivers of (a) minimum number of parking spaces, {b) floor area ratio and (c) maximum number and size of freeway-oriented signs. Zoning Code Amendment No. 2007-00063 -Request to amend the sign code to permit marquee or electronic reader board signs in conjunction with bowling and billiards facilities with other uses subject to a conditional use permit. December 11, 2007 -Page 14 ACTION TAKEN BY THE PLANNING COMMISSION: ACTION TAKEN BY THE PLANNING COMMISSION: Approved CEQA-Negative Declaration (7 yes votes) Approved, in part, Waiver of Code Requirement, approving waivers (a) and (b) and approved, in part, waiver (c) (7 yes votes) Granted Conditional Use Permit No. 3124, in part (5 yes votes, 2 no votes. Commissioner Romero and Velasquez voted no) (PC2007-112) Denied Zoning Code Amendment No. 2007-000063 (5 yes votes, 2 no votes. Commissioner Faessel and Commissioner Velasquez voted no). (Planning Commission meeting of October 1, 2007.) (Appealed by Applicant, Concourse Bowling). (Continued from the Council meeting of November 27, 2007, Item #56) MOTION: CEQA NEGATIVE DECLARATION MOTION: WAIVER OF CODE REQUIREMENT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM granting Conditional Use Permit No. 3124, in part, and amending certain conditions of approval of Resolution No. 89R-243, as previously amended. ORDINANCE NO. .(INTRODUCTION) AN ORDINANCE OF THE CITY OF THE CITY OF ANAHEIM amending various sections of Title 18 of the Anaheim Municipal Code relating to zoning and development standards (Zoning Code Amendment No. 2007-00063). This item continued fo December ?8, 2007. 29. CEQA MITIGATED NEGATIVE DECLARATION C410 GENERAL PLAN AMENDMENT NO. 2007-00457 RECLASSIFICATION NO. 2007-00202 OWNER: Ellas Properties INC, 5395 East La Palma Avenue, Anaheim, CA 92807 AGENT: Joseph Marca, Caliber Motors, 5395 East La Palma Avenue, Anaheim, CA 92807 LOCATION: Property is approximately 1.85-acre, located on the south side of the Riverside Freeway (SR-91) right-of-way with a frontage of 682 feet along the Riverside Freeway, north of Santa Ana Canyon Road, west of Solomon Drive and 1,357 feet east of the centerline of Via Cortez. General Plan Amendment No. 2007-00457- Request to designate property to the General Commercial land use designation. Reclassification No. 2007-00202 -Request reclassification of the subject property to the C-G(SC) (General Commercial, Scenic Corridor Overlay) zone. Conditional Use Permit No. 2007-05216 -Request to permit an outdoor automobile storage and display area in conjunction with an adjacent automobile sales dealership with waiver of landscape setback adjacent to a freeway. ACTION TAKEN BY THE PLANNING COMMISSION: Approved CEQA Mitigated Negative Declaration (7 yes votes) December 11, 2007 -Page 15 5 yes votes, 2 no votes, Commissioners Eastman and Romero voted no to the following: Recommended City Council Approval of General Plan Amendment No. 2007- 00457 (PC2007-120) Approved Reclassification No. 2007-00202 (PC2007-121) Approved Waiver of Code Requirement Granted Conditional Use Permit No. 2007-05216 (PC2007-122) Sheri Vander Dussen, Planning Director, reported this was a request to expand the existing Mercedes Benz of Anaheim dealership along the 91 freeway with the expanded area proposed for vehicle storage and display. On October 15th, she stated, the Planning Commission approved the applicant's request to reclassify the property to the General Commercial zone and recommended approval of the requested general plan amendment to designate the property for general commercial uses. The Commission also approved a conditional use permit to allow vehicle storage on this property which was contingent upon Council's approval of general plan amendment and zone change. Ms. Vander Dussen remarked the proposed land use changes would permit the applicant to expand the existing dealership and the proposed commercial designations were compatible with land use patterns and recommended Council approve these actions. Mayor Pringle opened the public hearing. Joseph Marca, architect, explained he had worked with staff and neighbors in the area relative to their concerns on this project and incorporated all of the suggested solutions to mitigate those concerns. Mayor Pringle asked when Caltrans approval would be given and Mr. Marca responded the dealership had been working with Caltrans for several years on this issue and it was difficulty to say when approval would be given. He added there were still some sign-offs required from Caltrans related to design and they were working on some environmental issues. He added a lease agreement acceptable to both parties had been issued pending the technical reports. Mayor Pringle was aware Caltrans would be adding an additional lane on the freeway in this area which should not impact the dealership's expansion, but he understood there were additional mitigation requirements relative to runoff and whether a sound wall was necessary for the residential units near that site. He was not as concerned about the runoff issue but was concerned about the length of time needed to perform a sound study. The Mayor asked how the dealership addressed the concerns of the residential units on the southern property fine. Mr. Marca responded the neighbor's primary concern was about the amount of lighting on the property and the screening of any lighting that was there and the operation of those lights. He added the dealership modified the project to eliminate any lighting along the southerly property, increased screening along the southern property to include 36 inch box trees with a minimum of 15 foot height at the time of planting. The first row of lighting was reduced to a single lamp down the center of the property; the single lamp was shielded and faced away from the residential neighborhood and was reduced in height to 14 feet as were all of the rest of the light fixtures on the project. In addition, Mr. Marca stated, the dealership agreed to turn off all lighting in excess of security lighting at 8:30 P.M. to minimize any impact on residents. December 11, 2007 -Page 16 He emphasized those were items that came up in the Planning Commission review of the project and those efforts were deemed to be acceptable. Discussion was held relative to exact locations of property lines of the dealership, Caltrans and neighboring residences. Mr. Marca explained the homes were 50 feet south and the channel was 26 feet wide which separated the dealership property from the residences and once the storage facility was built, there would be a row of trees, shrubs and ground cover as screening. Mayor Pringle commented he felt that screening was insufficient. Council Member Sidhu felt a fence was needed on the dealership property for security reasons. Paul Ager, resident, stated the proposed storage use was a good fit for the site but that his main concern was lighting and whether the dealership would comply with the conditions in place. He added since this area was part of the scenic corridor, he believed stricter enforcement should be used to address those residents using the back slopes of their property for storage which had the effect of looking like discarded items on the slopes. With no other comments offered, the hearing was closed. After lengthy discussion on lighting impacts to the neighbors, Mayor Pringle asked if there was some method to assure there would be no negative impact to neighbors. Ms. Vander Dussen explained all of the conditions of approval that addressed lighting including the statement that the lighting required approval from the Planning Services Division staff upon final inspection and any light impacts must be mitigated prior to commencement of the activity. Mayor Pringle asked how security lighting standards were defined. Ms. Vander Dussen responded those standards were under the purview of the Police Department and staff could work with the Police Department and the applicant to identify an appropriate minimum level. After additional discussion on various aspects of shielding light sources, it was determined that Mr. Marca would measure the current lighting on the sight and then measure the lighting on completion of the project. It was Mr. Marca's contention that the photometric presentation indicated there would be no additional lighting impacts. Ms. Vander Dussen added Condition No. 6 stated a photometric plan had to be reviewed by the Planning Commission prior to issuance of building permits and that the applicant and staff heard the concerns raised by Council. The Commission would have a chance to review the plan and, in addition, once the lights were installed, would have the chance to visit the site and make a determination. To the extent staff was not satisfied by the applicant's effort on lighting, the Commission would be asked to set the matter for review so they could then initiate proceedings to modify the conditions of approval to address the lighting issues. The Mayor and Council concurred that this option addressed their concerns and the applicant agreed. Council Member Hernandez moved to approve Item No 29, seconded by Council Member Kring. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 30. THE PLATINUM TRIANGLE EXPANSION PROJECT C330 SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 334 AND MITIGATION MONITORING PROGRAM NO. 1066 December 11, 2007 -Page 17 GENERAL PLAN AMENDMENT NO. 2007-00454 MISCELLANEOUS CASE N0.2007-00188 (AMENDMENTS TO THE PLATINUM TRIANGLE MASTER LAND USE PLAN) ZONING CODE AMENDMENT NO. 2007-00056 (AMENDMENTS TO THE PLATINUM TRIANGLE MIXED USE OVERLAY ZONE) ZONING RECLASSIFICATION NO. 2007-00196 MISCELLANEOUS CASE N0.2007-00203 (AMENDMENT TO THE PLATINUM TRIANGLE STANDARDIZED DEVELOPMENT AGREEMENT FORM MISCELLANEOUS CASE NO. 2007-00218 (PLATINUM TRIANGLE WATER ASSESSMENT STUDY) LOCATION: The Platinum Triangle -approximate 820-acres, generally located east of the Interstate 5 Freeway, west of the Santa Ana River channel and SR- 57 Freeway, south of the Southern California Edison easement and north of the Anaheim City limit. The Platinum Triangle Expansion Project is a City Council initiated request to increase the permitted amount of residential, commercial, office and institutional development in The Platinum Triangle as follows: Residential units -increase from 10,266 to up to 18,363 Commercial square feet -increase from 2,264,400 to up to 5,657,847 Office square feet -increase from 5,055,550 to up to 16,819,015 Institutional square feet -designate up to 1,500,000 square feet for ARTIC. General Plan Amendment (GPA2007-00454) - To amend the City of Anaheim General Plan to increase the permitted development intensities in The Platinum Triangle Mixed Use, Office High and Office Low land use designations; redesignate approximately 67 acres from the Office High land use designation to the Mixed Use designation; redesignate approximately 126 acres from the Office High and Office Low land use designations to the Mixed Use designation; redesignate approximately 17 acres from the Institutional land use designation to the Mixed Use designation; add The Platinum Triangle Mixed Use Overlay Zone, Office District as an implementation zone for The Platinum Triangle Office High and Office Low land use designations; remove the FAR (Floor Area Ratio} requirement for Mixed Uses and Office Uses in The Platinum Triangle since the maximum intensities for these uses are identified in the General Plan and The Platinum Triangle Master Land Use Plan; allow conversion between land use types provided that the conversion is within the parameters of EIR No. 334; amend the Circulation Element (Figure C-1) to modify the designations of streets within The Platinum Triangle (Katella Avenue between Manchester Avenue and Anaheim Way; Douglass Road between Katella Avenue and the SR-57 undercrossing; Rampart Street between Orangewood Avenue and the South City Limits adjacent to the City of Orange; West Dupont Drive between Orangewood Avenue and South Dupont Drive; South Dupont Drive between West Dupont Drive and West Towne Centre Place; South Towne Centre Place between West Towne Centre Place and Rampart Street) and extend the Class II Bikeway on Orangewood Avenue from east of State College Boulevard to West Dupont Drive and add the Class II Bikeway to West Dupont Drive, South Dupont Drive and West Towne Centre Place to Rampart Street; and, amend the December 11, 2007 -Page 18 General Plan for internal consistency to reflect the amendments to The Platinum Triangle. Amendment to The Platinum Triangle Master Land Use Plan (MIS2007- 00188) - To reflect changes identified in GPA2007-00454; adjust the boundaries of the PTMU Overlay Zone to create the Orangewood, ARTIC (including the proposed Anaheim Regional Transportation Intermodal Center) and Office Districts and expand the Katella District; and, reflect technical refinements and clarifications including, but not limited to, refinements to street cross-sections, density descriptions and exhibits. Zoning Code Amendment (ZCA2007-00056) - To amend the Zoning Code (Chapter 18.20 (The Platinum Triangle Mixed Use Overlay) of Title 18 of the Anaheim Municipal Code) to reflect changes identified in GPA2007-00454 and the amendment to The Platinum Triangle Master Land Use Plan; establish and create zoning standards for three new PTMU Overlay Districts (the Orangewood, ARTIC and Office Districts); modify zoning standards including, but not limited to, setbacks and parking structure requirements; and, include a requirement that owners of property in the PTMU Overlay Zone, Office District enter into a standard form of a Development Agreement with the City of Anaheim to implement permitted and conditionally permitted uses. Zoning Reclassification (RCL2007-00196) - To reclassify approximately 210 acres to The Platinum Triangle Mixed Use (PTMU) Overlay Zone. In 2004, the Anaheim City Council approved resolutions of intent per City Council Resolution No. 2004-180 to change the zoning designations of approximately 193 acres in The Platinum Triangle designated for Office High and Office Low land uses on the General Plan to the corresponding O-H (Office High) and O-L (Office Low) Zones with an overall limit of 1,735,000 square feet of office uses. This reclassification is proposed to rescind those previously-approved resolutions of intent and rezone those properties to the PTMU Overlay Zone. The underlying zoning designations of those properties (i.e., Industrial, Transition, General Commercial and Office High Zones) would remain the same. This reclassification is also proposed to change the zoning on an approximate 17 acre property located at 1750 and 1790 South Douglass Road from T (Transition) and I (Industrial} to T (Transition) PTMU Overlay Zone. Amendment to The Platinum Triangle Development Agreement Form - To amend the form of the standardized Development Agreement for the PTMU Overlay, Mixed Use Districts to include the Updated and Modified Mitigation Monitoring Program No. 1066, editorial refinements and updated fees and to create a standardized Development Agreement form for the PTMU Overlay Office District. Water Supply Assessment - A request that City Council adopt a water supply assessment prepared for the project as required by Section 10910 of the California Water Code. CEQA DSEIR No. 334 and Updated and Modified Mitigation Monitoring Program (MMP) No. 1066 - To certify SEIR No. 334 including adoption of a Statement of Findings of Fact, a Statement of Overriding Considerations and Updated and Modified MMP No. 1066. DSEIR No. 334 has been prepared to serve as the primary environmental document for the proposed project actions and subsequent actions implementing the General Plan, The Platinum Triangle Master Land Use Plan, the PTMU Overlay Zone and The Platinum Triangle Standardized Development Agreements. ACTION TAKEN BY THE PLANNING COMMISSION: Planning Commission will be hearing this item on Monday, December 10, 2007. December 11, 2007 -Page 19 RESOLUTION NO. 2007-234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) certifying Final Subsequent Environmental Impact Report No. 2006-00334, (ii) adopting findings of fact and statement of overriding considerations in connection therewith, (iii) adopting updated and modified Mitigation Monitoring Program No. 106b, and (iv) adopting the water supply assessment for the project. RESOLUTION NO. 2007-235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving General Plan Amendment No. 2007-00454, pertaining to the Land Use Element, Circulation Element, Green Element and Public Services and Facilities Element. RESOLUTION NO. 2007-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving amendment to The Platinum Triangle Master Land Use Plan (Miscellaneous Case Number 2007-00188). ORDINANCE NO. 6088 (INTRODUCTION) ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 18.20 of Title 18 of the Anaheim Municipal Code relating to zoning and development standards (Zoning Code Amendment No. 2007-00056). RESOLUTION NO. 2007-237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM rescinding, in part, Resolution No. 2004-180 and finding and determining that the zoning map referred to in Title 18 of the Anaheim Municipal Code should be amended and that the boundaries of certain zones should be changed (Reclassification No. 2007-00196). ORDINANCE NO. 6089 (INTRODUCTION) ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim .Municipal Code relating zoning (Reclassification No. 2007-00196). RESOLUTION NO. 2007-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amendment to the Standard Development Agreement for the Platinum Triangle (Miscellaneous Case No. 2007-00203) Sheri Vander Dussen, Planning Director, reported the Platinum Triangle expansion project was initiated by Council in February, 2007 to increase the permitted amount of development in the Triangle. This project would ultimately allow over 18,000 residential units, over 5.5 million square feet of commercial development, nearly 17 million square feet of office development and up to 1.5 million square feet of institutional uses designated for the ARTIC site. The proposal would also expand the boundaries of the mixed-use area as designated in the general plan and would expand the Platinum Triangle Mixed-Use Overlay Zone as well. Property to the west would be added, new districts created, and some of the existing districts were expanded. Since the approval of the Platinum Triangle Master Land Use Plan in 2004, she indicated the number of development applications received requested a greater number of residential units than that authorized in the general plan and Council has already approved a number of amendments to increase the allowable development intensity and the boundaries of the mixed-use district. The proposed project, she explained, would facilitate pending and December 11, 2007 -Page 20 proposed development including future development of the stadium property which was presently under discussion with Archstone and would also facilitate development of the ARTIC project. An EIR was prepared which evaluated the impacts of the expansion and identified the necessary infrastructure improvements to accommodate the project. She reported additional facilities needed to support the proposed project included an additional fire station, an electrical substation, a library and water well. Additional improvements to the water, electrical, storm drain, sewer, streets and freeway facilities were also needed. She remarked a community facilities district was proposed to fund and oversee the implementation of these improvements which would be phased, commensurate with development, and also allow the improvements of the infrastructure to happen in a planned, coordinated fashion. Ms. Vander Dussen indicated the Planning Commission had reviewed this request and voted to recommend approval to the Council. She added if the City was not to do a comprehensive update, individual applications to expand the boundaries and increase density would continue to be received which would make it difficult to plan for the ultimate infrastructure needs in the area. She ended her presentation stating staff recommended approval of this project. Mayor Pringle opened the public hearing for comment. Eric Altman, OCCORD, opposed the expansion stating it lacked tangible benefits to the community and caused many adverse impacts. He addressed in detail those impacts: lack of park and open space, jobs/housing balance, traffic and lack of affordable housing for lower wage earners. He recommended delaying the project, restudying the issues to return with an improved project. Doug Mangione, presented a letter from the Watershed Coordinating Council, expressing concern over increased density in the Santa Ana watershed and urged Council to delay the project for additional public review. He also spoke to the issue as a representative of the IBEW, recommending developers be asked to use local hires for this project which would allow construction to contribute back to the community. Mr. Gutierrez, Public Law Center attorney, opposed the density increase siting increased congestion and lack of affordable housing needed to counterbalance impacts of development. He urged the project be delayed and discussions with stakeholders to go over adverse issues he addressed. Sanji, CAIR, opposed the expansion siting the negative impacts from Platinum Triangle development. He recommended more community input be received and a more comprehensive plan be developed. Phillip Schwartz, property owner, supported the expansion stating he had been working with staff to build a 300 housing unit project with a hotel and high rise office building at the corner of Lewis and Katella which would target moderate income residents. Steve Sheldon, representing two property owners in support of this amendment, stated he had been involved in projects in the Platinum Triangle and that it was important for the City to continue the momentum and go forward with the increased density. Caesar Covarrubias, Kennedy Commission, spoke of the need for balanced growth and encouraging additional affordable housing. He felt it was more important to approve the Housing Element first before addressing increased density in the Platinum Triangle. December 11, 2007 -Page 21 Julio Perez, OCCORD, opposed the project, siting the need for new schools to handle the influx of new students and asked Council to delay consideration of this project until adequate conversations with the community and the school districts were held. With no other comments offered, Mayor Pringle closed the public hearing. Council Member Galloway stated she was supportive of the vision of the Platinum Triangle and was grateful for the developers who were currently proceeding during a difficult time in the market. By doubling the amount of homes and commercial, she felt the need for additional public safety personnel had not been adequately addressed and wondered if the Fire Department and Police Department had reviewed the EIR. Another concern was that the proposed project would substantially increase employment and further increase the jobs/housing ratio as was stated in the EIR. In addition to that statement, the EIR also commented that the substantial number of jobs generated by the project would further exacerbate the jobs/housing balance in both the City and the region. Ms. Vander Dussen responded the jobs to housing balance should be looked at and that one of the goals of the City was to provide more high paying jobs and create the type of environment in the Platinum Triangle which would foster those types of jobs. Council Member Sidhu remarked he had read the environmental report and believed this project was well thought out. He believed this project was important to Anaheim's future. In addition, he remarked the need for schools and parks had been addressed in the EIR and the school boards had an opportunity to review and comment. Council Member Kring remarked she had spoken to some affordable housing advocates and was also concerned about quality of life issues, schools and traffic but had come to the conclusion that this project made sense for the Platinum Triangle area. She felt there were other areas where affordable housing was appropriate, where land costs were not so high and where development fees for parkland and school fees were less. She viewed the Platinum Triangle as an energetic, vibrant part of Anaheim and an area which would have a lot to offer its residents. Chronicling how Anaheim had addressed housing over the years, Mayor Pringle stated that in the 90's, Anaheim's population had grown by 67,000 and the City had only added 6,000 housing units. By not increasing supply, the demand and cost for housing escalated, an event which had also occurred in neighboring cities. In 2004, the City tried to change that with the 2004 General Plan Amendment and addressed the housing shortage and chose to create a market place for greater density. Originally, the Platinum Triangle allowed 9,500 residential units and seven million square feet of office and commercial space. He remarked that most of those units and office space were quickly taken and property values increased from $1.5 million per acre to $6 million per acre. He believed the Platinum Triangle was the best place to put this level of density, commenting that when the EIR was prepared and modifications made and recirculated, it was done to make sure all impacts were addressed, including the addition of the ARTIC site, which he believed was significant to the overall plan. Working to insure development created a connection to the transit station through the Platinum Triangle and into the Resort and downtown area would allow workers to access many areas of the City. He added the ARTIC site was part of the vision for the Triangle which was why the increased density would work. He talked about affordable housing and the funds that were created through the extension of the redevelopment project area specifically December 11, 2007 -Page 22 for that use and the high cost of land and developer fees in the Platinum Triangle which made it difficult to subsidize housing in that area. For those reasons, he believed the expansion was worthy of support. Council Member Hernandez remarked the City was creating opportunities with this development and expressed concern if it was not approved, a wrong message would be sent to developers and for those reasons, he would lend his support. Council Member Sidhu moved to approve the following resolutions and introduce the following ordinances: RESOLUTION NO. 2007-234 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) certifying Final Subsequent Environmental Impact Report No. 2006-00334, (ii} adopting findings of fact and statement of overriding considerations in connection therewith, (iii) adopting updated and modified Mitigation Monitoring Program No. 106b, and (iv) adopting the water supply assessment for the project; and RESOLUTION NO. 2007-235 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving General Plan Amendment No. 2007-00454, pertaining to the Land Use Element, Circulation Element, Green Element and Public Services and Facilities Element; and RESOLUTION NO. 2007-236 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving amendment to The Platinum Triangle Master Land Use Plan (Miscellaneous Case Number 2007-00188); and ORDINANCE NO. 6088 (INTRODUCTION) ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 18.20 of Title 18 of the Anaheim Municipal Code relating to zoning and development standards (Zoning Code Amendment No. 2007-00056); and RESOLUTION NO. 2007-237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM rescinding, in part, Resolution No. 2004-180 and finding and determining that the zoning map referred to in Title 18 of the Anaheim Municipal Code should be amended and that the boundaries of certain zones should be changed (Reclassification No. 2007-00196); and ORDINANCE NO. 6089 (INTRODUCTION) ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating zoning (Reclassification No. 2007-00196); and RESOLUTION NO. 2007-238 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amendment to the Standard Development Agreement for the Platinum Triangle (Miscellaneous Case No. 2007-00203); seconded by Council Member Kring. Council Member Galloway reiterated she was not opposed to continuing development in the Platinum Triangle, but felt there were other needs yet to address. Creating an affordable housing overlay zone in the City, she stated, would alleviate much of the concerns raised by affordable housing advocates whenever development opportunities were considered. Additionally, she hoped incentives would be applied to help housing builders create opportunities for affordable housing. Roll call vote: Ayes - 4; Mayor Pringle, Council Members: Hernandez, Kring and Sidhu. Noes - 1; Council Member Galloway. Motion Carried. December 11, 2007 -Page 23 Council Communications: Council Member Hernandez was appreciative of the partnership established with AbilityFirst for individuals with developmental problems, and encouraged families to take advantage of this opportunity. Council Member Galloway attended the holiday celebration for the City's board members and commissioners which honored and recognized their volunteer hours. Council Member Kring also attended the same holiday celebration expressing appreciation at having the event at the Muzeo. She encouraged all to visit the Muzeo Imperial Room exhibit before it departed in January. She also attended the Twila Reid tree lighting ceremony and the opening of the new Children's Room at the Central Library housing over 75,000 new books and 29 computers through the largesse of generous benefactors such as Mary Nicolai. Council Member Sidhu also attended the grand opening of the children's room at the Central Library commending City staff and the generous donors who made this possible. He encouraged members of the community to attend the Youth Leadership America banquet on December 17th at the Anaheim Hilton. Mayor Pringle reported that he was in New York City last weekend with representatives of the Utilities Department to meet with rating agencies to address the financial future of the Public Utilities Department and the proposed additional power plant. Mayor Pringle asked Mayor Pro Tem Hernandez to join with him on a task force to vet the idea of renaming City Hall West along with representatives from the City Manager's Office and the Public Utilities Department; Mayor Pro Tem Hernandez accepted. He indicated Governor Schwarzenegger asked the mayors of the 10 largest cities in California to meet and explore the state budget, which could portend that the state deficit could have a financial impact on cities. Adjournment: At 9:46 P.M., Mayor Pringle adjourned the December 11th meeting. Respe~,tFglly submitted, Cinda Nguyen City Clerk