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2012/10/09ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETINGS OF OCTOBER 9, 2012 The Anaheim City Council was called to order at 3:00 P.M. on October 9, 2012 and adjourned to 4:00 P.M. for lack of a quorum. The regular adjourned council meeting of October 9, 2012 was subsequently called to order at 4:06 P.M. in the chambers of Anaheim City Hall, located at 200 Anaheim Boulevard. Present: Mayor Tom Tait and Council Members: Gail Eastman, Lorri Galloway Kris Murray and Harry Sidhu. Staff Present: City Manager Bob Wingenroth, City Attorney Cristina Talley, and Secretary Linda Andal A copy of the agenda was posted on October 5, 2012 on the kiosk outside City Hall WORKSHOP — ANAHEIM RAPID CONNECTION (ARC): Natalie Meeks, Public Works Director, provided an update on the study effort and vision for Anaheim Rapid Connection (ARC), to develop a transit - friendly urban community in the heart of Orange County and southern California. Background Data Within the five square mile study area, she reported there were over 51,000 employees, 25,000 residents, and a number of key activity centers along with new high density and mixed use residential neighborhoods envisioned for the Platinum Triangle, such is a livable, walkable urban environment whose residents would rely on transit for trips to work, local destinations and regional transportation. Key destinations included the Anaheim Regional Intermodal Transit Center (ARTIC) to be completed in 2014, the Honda Center and Angel Stadium which hosted over 235 events each year, and together attracted five million visitors annually. The City National Grove of Anaheim hosted over 100 events year round in its 2,500 capacity theater. She indicated almost 2,000 residential units had been built in the Platinum Triangle over the last few years with many more residential, commercial and office development planned for the future. The Anaheim Resort contained over 1,000 acres with Disneyland, California Adventure, and Downtown Disney opened year round. She added, with Disney employing 23,000 cast members, it was the largest single site employer in the state. The Convention Center was the largest exhibit facility on the west coast with over one million annual attendees, hosting 250 to 300 events each year. The GardenWalk shops served the Convention Center area with 440,000 square feet of commercial space filled with dining and retail opportunities for all. She pointed out 40 percent of all hotel guest rooms within the county were located in and around the Anaheim Resort and each year up to 20 million visitors traveled to destinations within this study area. Future Growth: Ms. Meeks remarked if all sports and entertainment venues had events at the same time, up to 250,000 visitors could be in this area at one time. She pointed out City plans allowed for future growth and development opportunities by 2035 the number of employees was projected to increase by 62 percent to over 75,000, and the numbers of residents were anticipated to increase by 46 percent to over 41,000. Visitors would also continue to increase Council Minutes of October 9, 2012 Page 2 of 21 as new hotels, convention space, and visitor - serving uses were developed. Ms. Meeks explained about half of the density allowed in the Resort and Platinum Triangle had been developed, and there was the ability to add 25,000 hotel rooms, 325,000 square feet of additional retail and entertainment venues and 3.4 million square feet of theme park uses in the future. Specific to the Platinum Triangle, approximately 6,000 more residential units were entitled by development agreements and the potential for future development of 10,000 more units. There was also the potential for development of almost 16 million square feet of office and commercial space. Transit/Transportation Detail For over 10 years, she remarked, the City had worked to create ARTIC, a place where people would seamlessly move between transit services to reach southern California destination centers. She indicated ARTIC had broken ground and when it opened in 2014, it would serve as a hub for Orange County and the region and provide seamless connections between Metrolink, Amtrak, OCTA buses, Anaheim Resort Transit Buses, shuttles, taxis, and tour and charter buses. She noted about 28 percent of all boardings on the OCTA bus system were in Anaheim and two of the highest volume OCTA bus routes were along Harbor Boulevard and State College Boulevard. Anaheim Resort Transportation Buses also served the study area, providing connections between area hotels and activity centers. In 2011, there were over five million weekday boardings and over two million weekend boardings annually. Metrolink and Amtrak ridership at Anaheim Station had increased from 540,000 in 2011 to just over 639,000 this year, almost a 20 percent increase within the last year with Ms. Meeks pointing out the Anaheim Station was the 4th busiest in Orange County. She stated the demand for rail would continue to grow with the planned expansion of Metrolink and Amtrak Services and provisions for future high speed rail services and a transportation solution to link destinations in the Anaheim Resort and the Platinum Triangle to Anaheim's transportation center, ARTIC, was necessary. The solution, she emphasized, was the Anaheim Rapid Connection, a last mile connection for employees, residents, and visitors. ARC would also support development of the dense transit oriented urban mixed -use and walkable community in the Platinum Triangle and residents would have transit services that allowed them to leave their cars at home and commute to or visit other destinations in our region. ARC Project Alternatives The current set of project alternatives for ARC was identified through a comprehensive alternative screening process following FTA guidance and FTA participation. In order to be fully inclusive in the analysis, she remarked, without bias toward a specific outcome, the analysis considered 12 individual alignments and nine transit technologies to provide transit service from ARTIC to major destinations within the study area. These alternatives were evaluated through a screening process, based on the project purpose, needs and goals and objectives. The alternatives that ranked highest were the enhanced bus and elevated fixed guideway systems. After preparing the cost estimates for the elevated alternative, which was approximately $680 million, she reported staff received feedback from OCTA and FTA to explore whether a lower cost alternative was available that met the project's purpose and need. The study group then revisited technologies evaluated in the earlier phase of the project and added a streetcar alternative to its analysis. A "no build" alternative was also included as part of this analysis as it would offer a base line against which to compare the other build alternatives and included all planned and programmed transportation improvements that were projected to be in place by 2035 in the OCTAs long -range transportation plan. The enhanced bus alternative would be 3.5 miles long, have five stations, operate in mixed flow traffic, except on Disney Way, which was the only study area street with sufficient right -of- way for an exclusive lane. It would begin at ARTIC, travel west ending at the Convention Council Minutes of October 9, 2012 Page 3 of 21 Center at Harbor Boulevard and Convention Way. This would be a branded service with low floor, 60 foot articulated buses with signal priority, where possible, to improve bus operation. The street car alternative was a rail borne technology that would use vehicles that were typically smaller than a light rail transit system and would operate at grade on embedded steel rail tracks primarily in mixed flow operations on existing city streets. The 3.2 mile long street car alternative alignment with six stations, would start at ARTIC with a center platform station and the surface parking lot north of Angel Stadium and in close proximity to the Metrolink/Amtrak platforms. The proposed alignment terminus at ARTIC could be extended eastward as a single track alignment under the 57 freeway, however this extension, she pointed out, would need to be on an interim basis if and when the High Speed Rail (HSR) project was implemented as the HSR would travel in the same area. The alignment would travel west parallel to the Metrolink /Amtrak, on Katella north toward the entrance to Disney parks and then south on Harbor Boulevard and turn into Convention Way ending up in the traffic circle that was being constructed currently at the Convention Center. The Resort station would have a center platform and also incorporate many of the transit functions currently handled by the Disneyland Transportation Center on the west side of Harbor Boulevard and would include bus stays for ART and OCTA buses, and possibly the LA/Metro line that served this area. The station would also provide services for taxi and passenger drop offs and include a pedestrian walk way across Harbor Boulevard to connect the station to Disneyland and Disney California Adventure Theme Parks. Ms. Meeks pointed out one of the goals of the ARC project was to develop a system that preserved and enhanced the aesthetic treatments established for the Resort and Platinum Triangle and toward this end, would try to minimize the use of visual obtrusive overhead wires to the extent possible, achieved in a variety of ways including use of ground level power supply or onboard batteries to power the street car vehicles. The vehicles under consideration would allow for a small turning radius that could be accommodated within the existing street right -of- way and would provide curbside level boarding to fit with the existing city streetscape. A 3.4 mile long elevated fixed guideway alternative with five stations would be a fully grade separated alternative operating on a yet -to -be determined technology; i.e. rubber tires, low speed MagLev or monorail option. A guideway structure on columns located mainly in the existing street right -of -way would travel on columns located within the existing street right -of- way either in a side running alignment or in the median and through the Angel Stadium surface parking area. This alternative also included an alignment variation which would head west on Disney Way. There was no transit center proposed for this variation on Disney Way since there was not adequate space along that road. The maintenance yard for this alternative would be located on the west side of the 1 -5 freeway in the area bounded by 1 -5, Anaheim Boulevard and Katella Avenue. The aerial structures would be 18 to 40 feet above street level and generally 30 feet in width, except for station locations and crossover locations where the width would be 72 feet. There would also be pedestrian bridges across Harbor Boulevard, Disney Way and State College Boulevard. Ms. Meeks reported based on the ridership forecasting performed in close coordination with FTA and OCTA, daily boardings for enhanced bus were the lowest with 6,300, street car ridership was more than 20 percent higher at 7,700, and the elevated fixed guideway with its faster travel time and greater capacity would attract the highest ridership at more than 10,000 per day. Costs for the three build alternatives varied significantly, with each assuming a 2018 completion date and presented in year of expenditure dollars. The enhanced bus was estimated at $55 million, requiring the lowest up -front investment in part due to the lack of a transit center and assumed bus operations and maintenance functions could be handled at the Council Minutes of October 9, 2012 Page 4 of 21 OCTA/Anaheim bus facility. The elevated fixed guideway capital costs were the highest at nearly $680 million, largely due to the two -track elevated structure required for its full length. The street car capital costs was estimated at $319 million, incorporated the same transit center as proposed in the elevated fixed guideway option and also provided a full operation and maintenance (O &M) facility on its alignment. The annual costs to operate followed a similar pattern, with the enhanced bus lowest, the street car option in the middle at $4.3 million per year and the elevated fixed guideway the highest at $10 million. Ms. Meeks stated as Anaheim's vision for the study area was built, there could be a need to add new stations and the enhanced bus and street car alternatives offered flexibility in adding future stations at a relatively low cost. The addition of stations for the fixed guideway system would be difficult and more costly. The street car and fixed guideway systems had demonstrated the ability to support higher density development and to attract developers while the bus systems had only limited potential to support economic development plans as bus routes were easily changed and not considered a long -term investment. Overall, she explained, the street car system was similar to the elevated guideway option in its transit scope and its support of local economic development and would be able to attract three - fourths of the fixed guideway ridership at less than half the initial cost to build. Based upon the information and alternatives analysis performed this summer, staff recommended council select the street car as the locally preferred alternative (LPA). Funding Ms. Meeks indicated there were several funding opportunities identified to meet the projected capital costs; they included Measure M2 Project S funds aimed at enhancing fixed guideway transit service to Metrolink, as well as other state and local funding available to California Public Transportation and other transit programs available through the California Transportation Commission. The Federal New Starts program was a primary source for new transit systems, and the Anaheim Tourism Improvement District was another funding source. In addition, she pointed out, the ballot initiative approved in 2010 would allow the use of design /build to operate and maintain delivery for ARC which staff believed would save costs in the construction and operation of the project. The O &M costs, she explained, could be fully funded by local sources. Ms. Meeks indicated the ARC alternatives were shared with the public on September 12 and the alternatives analysis document included a summary of this outreach and input received and was available on the city's website. She noted council would have an opportunity on tonight's agenda to consider the selection of a locally preferred alternative. Once the LPA was selected, the next phase of work included initiating the New Starts funding process and preparing advanced conceptual engineering and state and federal environmental documentation for the LPA. The environmental documentation would be prepared in 2013, followed by preliminary engineering in 2014 and final design and construction after that, with ARC operations starting in 2018. She stated the ARC alternatives analysis and additional information on the project could be found at Aconnects.com. Council Member Murray inquired how the operational costs would be managed with Ms. Meeks responding they could be funded with the transportation contribution from ATID along with on- board advertising and a potential fare box. Council Member Murray concurred with the street car alternative asking for specifics on funding construction. Ms. Meeks responded that staff received feedback from the New Starts program regarding the elevated guideway system, specifically that it did not score well under their guidelines and that the street car option had great benefits and scored well with the federal program guidelines. The goal, she stated, was to Council Minutes of October 9, 2012 Page 5 of 21 receive 50 percent of the funding from the New Starts program, 40 percent from OCTA Measure M2 Project S, and packaged together with some local funds and ATID to make up the remaining 10 percent. Council Member Murray concurred with staff's recommendation for the street car option as providing the most feasibility for tourists and families, able to accommodate the largest numbers and provide alternatives that did not further congest roads and streets in the Resort area. She added the housing population that it also served would help meet state mandates for environmental regulations and further enhance tourism in the city. Council Member Galloway was supportive of the street car option as it was the more fiscally responsible option to pursue, although initially she had been in favor of an elevated system as the representative of Anaheim. Mayor Pro Tem Sidhu favored the lowest cost alternative, the enhanced bus service system, asking why staff favored the street car option. Ms. Meeks responded the goal was to look for a system that would attract and generate ridership and would also create economic development, adding that economic development from a rail system pushed the street car above the bus alternative. She stated studies had shown when a developer sees a rail system and station stops, there were more confident that system would continue to service their property for many years and were willing to invest at a greater level than with a bus system in place. Financially speaking, Mayor Pro Tern Sidhu remarked, he was leaning toward the enhanced bus alternative, unless staff could guaranty the funding for the street car option. Mayor Tait questioned the operating cost of $4.3 million per year for the street car system, asking for details on how that figure was derived. He wanted to ensure the general fund would not have to cover a shortfall. Ms. Meeks responded the next phase was a detailed financial plan and as staff worked through those numbers, the exact capital dollars and O &M costs would be a key piece of the FTA's analysis before they would fund the project and insure an agency could provide for the continued operation and maintenance of the system. Council Member Eastman inquired how this operation would work in conjunction with the ATN with Ms. Meeks responding that the process would be explored particularly in making sure a day pass allowed ridership on all transit systems. Staff would work closely with ATN regarding any potential changes in their route system. Council Member Eastman voiced her support for the street car option as it offered some flexibility for future growth with Ms. Meeks adding that additional stops could be added in the future to connect to similar systems out of Santa Ana or Garden Grove. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: Cecil Jordan Corcoran provided a reading from the scripture as it related to municipal government problem - solving practices. William Fitzgerald, Anaheim Home, objected to the wording in Item No. 1 of the closed session stating it was purposely vague. He also voiced his disapproval for tax credits given to Mills Act recipients. David Diaz, resident, objected to Mr. Fitzgerald's comments regarding Mills Act recipients. Rod Daniels, resident, also disagreed with the remarks presented by Mr. Fitzgerald. At 4:57 P.M., Council recessed to closed session for consideration of the following items: Council Minutes of October 9, 2012 Page 6 of 21 CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code: One case 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Subdivision (a) of Section 54956.9 of the Government Code Name of Case: Wen Yaw Jiang and Herling Kao Jiang, United States Bankruptcy Court Case No. 6:12 -BK- 27015 -WJ At 5:20 P.M., Council session was reconvened. Invocation: Pastor Phillip du Plessis, Grace Bible Church Fla Salute: Council Member Lorri Galloway Presentations: Recognizing the 2011 Mills Act Recipients Terry Lowe, Director of Community Services, announced that 16 years ago Anaheim began preserving its historical buildings and had established four historic districts in the city: Anaheim Colony, Five Points, Historic Palms and the Hoskins area. Other legislation soon followed and under the local Mills Act Historic Preservation tax benefit program, he explained, homeowners could agree to preserve the historic integrity of a home in exchange for a reduction in property tax. In 2011, nine historic homes qualified for the Mills Act Program with Mr. Lowe recognizing and introducing those homeowners, indicating they would receive a certificate and a bronze plaque for their homes. Acceptance of Other Recognitions (To be presented at a later date): Proclaiming October 7 - 13, 2012, as Public Power Week Dukku Lee, Assistant General Manager, Electric Utilities Division, thanked council for recognizing Public Power Week and invited the community to celebrate the occasion at the Downtown Farmer's market this Thursday with a variety of displays and informational booths available to the public. Proclaiming October 7 - 13, 2012, as Fire Prevention Week Fire Marshall Jeff Lutz announced the theme this year for Fire Prevention Week was "Have two ways out," meant to encourage a home fire escape plan for the family. He indicated certain Anaheim fire stations would have open house on the 13 and invited the public to attend. Recognizing Hilgenfeld Mortuary on their 85th Anniversary Darrell Valenzuela and Jerry Ballesteros invited the community to attend a celebration of Hilgenfeld's 85 years in this community on October 20tH Council Minutes of October 9, 2012 Page 7 of 21 ADDITIONS /DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items, except public hearing): Cecil Jordan Corcoran continued with his reading of the scripture related to the people's representatives and the solving of disputes. Christie Hoffsteader Baptiste, explained the Trauma Intervention Program (TIP) of Orange County gave emotional aid and practical support to victims of traumatic events and their families immediately following a personal tragedy. Since July 1st, TIP had assisted over 100 families in Anaheim, had participated in ride - alongs and regularly briefed the Police and Fire Department personnel on their cases, adopted initial follow -ups after the first call from each station or officers using the program and was in the process of establishing a relationship with the Anaheim Union High School District and Anaheim's business community. She announced the annual Heroes with Hearts awards was scheduled soon and would recognize City staff. William Fitzgerald, Anaheim Home, objected to the Mills Act program and its participants, and offered his viewpoint on certain elected officials. Mayor Tait objected to comments made by the previous speaker and asked for civility and kindness when speakers stated their viewpoints. Duane Roberts, resident, asked for greater transparency related to the discussion of the establishment of a police civilian review board to allow for open public comment before such a board was considered by council. In addition, he believed this civilian review board should have subpoena powers to compel witnesses to testify and documents to be produced. He added that the civilian review board's meetings and hearings should be opened to the public to the fullest extent and be fully funded. Michael Buss, Anaheim Arts Council, announced a "Come Together Community Fair" at La Palma Park on October 13 encouraged by the Law Enforcement Accountability Network, SOMAS, and many others to provide a venue where 50 non - profit organizations would have booths and counseling services available, art and entertainment activities, as well as food — all offered as a way for the community to come together and heal. Carol Latham announced the Anaheim Fall Festival scheduled for October 27 with free activities for families throughout the day including entertainment, crafters, food vendors, a haunted house and a Halloween parade in the evening. Michael Baker, Boys and Girls Club, updated council on the club's outreach efforts to priority neighborhoods. He indicated the Boys and Girls Club was now serving four of the 12 priority neighborhoods, picked up 190 kids on a daily basis, an effort supported by the Ducks, the Angels and Disney Corporation. With additional support from Arte Moreno, the next neighborhoods to be included were Gunida Lane and the Alameda /Brownwood /Catalina area. Dorothy Rose announced the Orange County Symphony Halloween celebration on October 28 in which every child in costume may attend at no cost with the entire family. Treat bags would be provided by Target and the children would participate in a concert parade and hear music they might not get a chance to enjoy otherwise. Council Minutes of October 9, 2012 Page 8 of 21 Joseph Cardenas urged the community to participate in the Come Together Fair, thanking Michael Buss and the Arts Council for their support. Sonia Hernandez, sister of Martin Hernandez, talked about her brother and what he meant to her and the family Renee was disturbed over the recent justifications for officer involved shootings in Anaheim, stating the citizens could not feel safe until officers were held accountable. She indicated the protests would continue. George Alevo, Occupy Fights Foreclosure Anaheim, announced his research indicated 716 homes were found to be in default in the city with an additional 200 going into immediate foreclosure. He announced his organization was able to halt the foreclosure process of one home by revealing bank fraud and utilizing media pressure. He added Occupy Anaheim would remain camped in Anaheim and continue its investigation of bank fraud and assisting Anaheim homeowners who were losing homes to illegal foreclosures. Juan Carlos Perez thanked Occupy Fight Foreclosure Anaheim for their assistance in saving the Perez family home, remarking the family was now in the process of getting a loan modification because the media pressure on the bank forced a response. Rosa thanked John Leos for meeting with the management of Hermosa Village apartments over a parking problem several residents were having. She and Mr. and Mrs. Rodriguez would continue to follow up on the parking problem until a resolution was found. German Santos, resident, addressed his comments on the Orange County probation process. An unidentified speaker addressed Item No. 16, urging council to table the ordinance and consider its ramifications. She remarked that over 100,000 people in California were on the sexual offender registry which was too broad and encompassed many individuals who should not be linked with child molesters and pedophiles. She added all convicts do their time in their respective departments of corrections and passing such an ordinance was purely political and would not protect a child when 95 percent of assaults occurred in the home or within the child's social circle. Alysse Lindsey, daughter of registered sex offender who was convicted over 30 years ago and whose case was dismissed in Orange County, opposed stripping registered citizens of their constitutional rights. Frank Lindsey, California Reform Sex Offenders Law, remarked a registered offender was someone who had done their time and in 1994, the Supreme Court had ruled that registration was not punitive and when this information was made public, it put the registered individual and their families in jeopardy. He urged council to look at a German program that had success in stopping new abuse to children, a program that was proven to protect children. An unidentified individual, remarking he would go by John Doe, remarked that some people made terrible mistakes and laws such as this defined them by their worst moment in time and did not take into account changes individuals could make decades later. Council Minutes of October 9, 2012 Page 9 of 21 Janis Bellucci, California Reform Sex Offender Laws organization, explained this was a statewide non - profit organization dedicated to working with citizens after they have been convicted, after they had been to prison and paroled or on probation. She believed this ordinance would not save lives as it was focused on the wrong target and violated the rights of over 90,000 individuals and members of their family. She urged council delay further consideration of this ordinance, remarking that a lawsuit had been filed against four Orange County cities. Genevieve Huizar was disturbed over the justification of officer involved shootings, emphasizing the Orange County District Attorney was not doing his job, the cases should be reopened and considered by a higher authority. A veteran and father addressed his concerns regarding Item No. 16 explaining that many years ago he was convicted of a misdemeanor involving an adult, had done his time, rehabilitated his life and was now a good citizen. He urged council to reconsider adoption of this ordinance. Deborah Kinniger, California Reform Sex Offender Laws, urged council to reconsider adoption of Item No. 16 prohibiting registered sex offenders from entering city parks. CONSENT CALENDAR: Council Member Murray requested Item Nos. 2 and 16 be removed from the consent calendar for further discussion with Council Member Eastman requesting Item Nos. 11 and 14 be pulled as well. Mayor Pro Tern Sidhu asked that Item No. 4 be continued to the next meeting as he needed additional information before making a determination. Mayor Pro Tem Sidhu then moved to waive reading in full of all ordinances and resolutions and to approve the balance of the consent calendar as presented, seconded by Council Member Eastman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. 1. Receive and file minutes of the Sister City Commission meeting of August 27, 2012 and 8105 Library Board meeting of July 9, 2012. D113 3. Receive and file the Conflict of Interest Code. 5. Accept the lowest responsive bids of Laserlink International, Inc., CVR, LD Products, Inc., and Office Depot, in an aggregate amount not to exceed $226,000 (including tax), D128 for the as- needed purchase of printer ink and toner cartridges for all City departments, for a one -year period with four one -year optional renewals, and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #7735. 6. Approve the Third Amendment to Agreement with West Coast Arborists, Inc., increasing the contract amount to $2,227,500 for additional tree trimming and maintenance services AGR- 4565.3 provided to the City, and grant the Purchasing Agent the authority to revise the contract amount, as needed, for the remaining contract renewal years, in accordance with the approved budget appropriations for each applicable year. 7. Approve the Third Amendment to License Agreement with Growth Opportunities AGR - 1605.8.3 Through Athletics, Learning and Service (GOALS) to continue using two city buildings at 1170 N. La Palma Parkway for its program headquarters in connection with its after AGR - 3450.5 school youth program, and the Fifth Amendment to License Agreement with GOALS to Council Minutes of October 9, 2012 Page 10 of 21 utilize Martin Recreation Center to conduct a youth hockey skating and training program for underprivileged area youth. 8. Authorize the Director of the Community Services Department, or his designee, to D150 accept a donation from the Friends of the Anaheim Public Library, in the amount of $1,932, for the Heritage Services program of the Library Division, and increase the fiscal year 2012/13 revenue and expenditure appropriations in the Community Services Department accordingly. 9. Authorize the Director of the Community Services Department, or his designee, to accept a donation from the Anaheim Historical Society, in the amount of $6,000, for the Heritage Services program of the Library Division, and increase the fiscal year 2012/13 D150 revenue and expenditure appropriations in the Community Services Department accordingly. 10. Approve and authorize the Chief of Police, or his designee, to execute the Second Amendment to Agreement with Frome Developments Omega, LLC, to enter into an extended five -year agreement with a monthly lease payment schedule for storage of AGR- 5476.2 property and evidence. 12. Approve Cooperative Agreement Nos. C -2 -1780, C -2 -1784, C -2 -1785, C -2 -1786, C -2- 1787, C -2 -1788 with Orange County Transportation Authority (OCTA) which define the AGR -7351 roles and responsibilities between OCTA and the City with respect to the delivery of AGR -7352 projects funded through grants under Proposition 1 B for the following street AGR -7353 improvement projects: Sunkist Street from Cerritos to Tryon, Tustin - Riverdale from AGR -7354 Santa Ana River to Santa Ana Canyon Road, Knott Avenue from Orange to Lincoln, AGR -7355 Orange Avenue from Knott to Western, Broadway from Dale to Magnolia, and Anaheim AGR -7356 Boulevard from the 1 -5 Freeway to Ball. 13. Approve Amendment No. 14 to Agreement C -95 -965 with Orange County Transportation Authority (OCTA) updating the audit language in the agreement related to projects AGR- 1363.14 funded through OCTA in the Combined Transportation Funding Program. 15. RESOLUTION NO. 2012 -121 A RESOLUTION OF THE CITY COUNCIL OF R100 THE CITY OF ANAHEIM authorizing the Fire Chief or his designee to submit a grant application on behalf of the City of Anaheim to the Orange County Health Care Agency, and if awarded, authorizing the acceptance of such grant on behalf of the City. 17. Approve minutes of the Council meeting of September 25, 2012. END OF CONSENT 2. Receive and file the California High Speed Rail (HSR) project update and direct city staff D175 to continue working with the HSR Authority staff to monitor progress of the program and project schedule, including advocacy for providing a one -seat ride from San Francisco to Anaheim. Council Minutes of October 9, 2012 Page 11 of 21 Natalie Meeks, Public Works Director, updated council on the progress for the California High Speed Rail (HSR) project, stating that with the recent hiring of a Southern California regional director, the state was working on the Southern California segment in earnest and staff would be meeting and looking at possible projects for funding allocated for the southern and northern end of the HSR system. Specifically, several grade separation in Anaheim were eligible for funding and staff, in conjunction with Orange County Transportation Authority, was collaborating on a funding plan and an agreement to move that project forward. In addition, staff would work closely with HSR to continue to push the issue for the "single seat ride between San Francisco and Anaheim as a priority for the city. Council Member Murray requested a full presentation before council from the California High Speed Rail Authority to inform council on the project status. In addition, she requested the memorandum of agreement be considered by council on October 23, 2012 to insure Anaheim had access to that early funding, especially as it related to the State College Boulevard grade separation. Council Member Murray then moved to approve Item No. 2, seconded by Council Member Eastman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. 4. Select the Streetcar Alternative as the Locally Preferred Alternative for the Anaheim D175 Rapid Connection (ARC) Fixed - Guideway Project for further study as part of the California and Federal environmental review process, and accept the funds allocated by the Anaheim Tourism Improvement District Transportation Committee for the ARC project and increase the Department of Public Works' fiscal year 2012/13 expenditure appropriation by $800,000. Mayor Pro Tern Sidhu asked for a continuance of this item, seconded by Mayor Tait. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu) Noes — 0. Motion carried. 11. Approve and authorize the City Manager, or his designee, to execute and administer a Lease with Robert G. Jones, dba Rancho del Rio Stables, for real property located at AGR- 1521.B 1370 Sanderson Street for use as an equestrian center. John Woodhead, Community Development Acting Executive Director, announced the city owned a horse stable north of the Honda Center which had been leased to Rancho Del Rio Stables since 1990 which had since expired and was on a month -to -month basis. At the request of Rancho del Rio, City staff negotiated a proposed new lease which would facilitate the tenant's ability to pay the costs of correcting deferred maintenance and performing other property upgrades over time by receiving a rent credit for the first year for city- approved improvements. After an initial two -year term, the lease provided for automatic one -year extensions unless either party decided to terminate the agreement. Council Member Eastman, in an effort to inform the community about this recreational amenity, remarked the stables offered therapeutic horse riding, riding lessons, and a barnyard atmosphere stocked with small farm animals. She then moved to approve Item No. 11, seconded by Council Member Murray. Mayor Pro Tern Sidhu inquired if there were any future plans for a Honda expansion that would encompass that site with Mr. Woodhead responding that the lease was viewed as a holding lease to preserve future options, and with a 12 month notice by the city, the lease could be terminated. Mayor Pro Tern Sidhu then inquired whether educational programs were offered to Anaheim residents, with the response given that Council Minutes of October 9, 2012 Page 12 of 21 historically those community services had been offered since the original lease and would continue. Council Member Eastman remarked she had visited the stables and there were classes in the morning, Mommy and Me classes where kids were able to see farm animals and ride a pony. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion carried. 14. Approve the naming of City -owned property to Paul Revere Park, which is being developed as a park site (160 West Guinida Lane). RESOLUTION NO. 2012 -120 A RESOLUTION OF THE CITY COUNCIL OF R100 THE CITY OF ANAHEIM authorizing the Director of Community Services or his designee to submit the Paul Revere Pocket Park Project application on behalf of the City of Anaheim to the California Department of Parks and Recreation for land and Water Conservation Grant funds and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget accordingly. Community Services Director Terry Lowe stated this was a recommendation from staff to file an application with Land and Water Conservation Grant Funds to develop a mini -park in the neighborhood directly adjacent to Paul Revere School on Guinida Lane. The property had been purchased years ago with the intention of developing a park and with sufficient monies from CDBG to match the grant funds, the park was now able to be developed. He added it had been designed with extensive input from the residents of Guinida Lane and would supplement the neighborhood school facilities to provide recreational space during school hours for pre - school aged children. He added in keeping with the city's policy, staff was recommended the park called Revere Park. Council Member Eastman indicated she had asked for a discussion on this item to inform the community that the park was now moving forward and then moved to approve Item No. 14, seconded by Mayor Pro Tern Sidhu. Roll Call Vote: Ayes — 5: (Mayor4 Tait and Council Members: Eastman, Galloway, Murray and Sidhu) Noes — 0. Motion Carried. 16. ORDINANCE NO. 6256 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Sections 7.60.010 through 7.60.040, inclusive, of Chapter 7.60 of Title M142 7 of the Anaheim Municipal Code Relating to Child Safety Zones to prohibit persons required to register as sex offenders pursuant to California Penal Code Section 290 et seq. from entering into or upon City parks. City Attorney Cristina Talley remarked this ordinance was brought forward at the request of Mayor Tait and Council Member Murray at the last meeting. It was consistent with the ordinance adopted by the County of Orange and prohibited persons who were required to register under Penal Code Section 290 from entering into or upon city parks in Anaheim. It authorized the Police Chief to grant exemptions in his sole discretion to this prohibition and further required that any persons who were required to register with the Anaheim Police Department be given written notification of the prohibitions in this ordinance. District Attorney Anthony Rackaucas thanked council for considering this ordinance remarking it was a step in the right direction to protect children. The goal of the ordinance, he stated, was to create safe zones for kids from known sex offenders and he detailed some of the known offenders engaged in this conduct, dangerous to the community and had the potential for being Council Minutes of October 9, 2012 Page 13 of 21 released once their prison term was served. He discussed how the ordinance came to pass when Fullerton residents became concerned that a known sexual predator could not be kept out of a park adjacent to his property when he was on parole and it was up to the parole department to establish conditions. This was seen as a loophole in the law, he pointed out, and Fullerton created legislation to answer this problem and prohibit registered sex offenders from entering a park extending to a buffer area of 300 feet as well. The County of Orange ordinance, he stated, prohibited registered sex offenders from entering county parks or harbors where kids gather without written permission from the Orange County Sheriff. The District Attorney added there was a Certificate of Rehabilitation available if a person was leading a productive life for some time and had committed a misdemeanor many years ago that did not have a child victim. He discussed some of the cases which were not considered registerable offenses. Mr. Rackaucas indicated Huntington Beach, Costa Mesa, Lake Forest, Seal Beach and Santa Ana passed similar legislation with no permission clause. Fountain Valley and Irvine enacted a similar law that only applied to people who committed crimes with child victims and other cities established principles for the police chief to determine whether or not to grant permission to enter a city park. The enactment of this ordinance in Orange County cities, he added, was narrowing the park areas in which registered sex offenders could visit. Mr. Rackaucas ended his presentation remarking it was an important issue and he appreciated council's consideration of the ordinance. Council Member Eastman inquired whether an individual could apply for a certificate of rehabilitation without having to go through a costly, lengthy process. Mr. Rackaucas responded that it involved filing a petition with the court to get relief under that section and he would not advise doing this without hiring an attorney. He added there was a similar process under Section 1203.04 of the Code of Civil Procedure where after satisfactory completion of probation with no crimes during that time period, an individual may ask the court for dismissal of the case and have it taken off the record. A simple procedure, he stated, but one that should be undertaken by counsel rather than by an individual. Council Member Murray remarked the Joyful Child Foundation provided a number of tips for parents on how to protect their children, recognizing that ordinances and laws would not stop a predilection for violent crime. With that said, she expressed concern that over 16 cities in Orange County had moved forward with this ordinance and Anaheim as the largest city in the county, would be flanking a corridor where both Los Angeles and Orange County had this measure in place. She added with realignment, the state continued to push its problems down to the local level and even though violent offenders were not supposed to be paroled under this process, it occurred as it addressed the most recent offense of a parolee not their previous offenses which could have been violent in nature. She added Southern California Association of Governments reported a vast number of parolees hitting the streets in Los Angeles County alone, 26 percent that had already been rearrested for major offenses. As a local government, she felt Anaheim had the responsibility to provide some basic protection and schools and parks should be a place where children should be safe. Council Member Murray then requested Chief Welter update the city on the impacts of realignment specific to Anaheim in the near future. Erin Runnion discussed her experiences after the loss of her daughter, Samantha, stating when looking for child predators, officers went to places where children played. She added the reality was that even with this ordinance, there was no guaranty children were safe, however, it did allow officers a tool to respond to citizen's concerns and proactively respond to AB 109. She added there were sex offenders committing new crimes and when released would have less Council Minutes of October 9, 2012 Page 14 of 21 supervision for a shorter amount of time and were allowed into parks within six months according to state law. She added this law was the least parents could do to put children's safety above the few offenders that were known. Susan Schroeder refuted the purpose of the California Reform Sex Offender Laws organization, asking the City Council to consider carefully comments offered by President Janis Bellucci and other board members. She added there were over 86,000 registered sex offenders in California with a recidivism rate of five percent. Council Member Galloway requested Chief Welter's opinion of the proposed legislation. Police Chief John Welter stated he would support any decision made by council regarding this issue and had studied the ramifications in depth. He indicated there were over 500 registered sex offenders currently in Anaheim's data base and emphasized the recidivism rate for this type of crime was very low and in his professional opinion, he did not feel this legislation would deter a sexual predator from molesting a child in or out of a park. He was also concerned that these restrictions could drive a registered sex offender underground and his department would lose the ability to track them and possibly pose more of a threat to the community. He also recognized that if Anaheim did not join with other county municipalities, it could attract those individuals to the city. He ended his remarks stating it was his job to enforce the law as legislated by the state and local government and he would be a very strong supporter of council's decision. Council Member Murray remarked she looked forward to hearing more about the direct impacts of realignment to Anaheim as it was a bigger unknown with so many prison releases hitting the streets with little oversight. She also expressed concern if Anaheim remained the only city in the county that did not enact this ordinance. Council Member Eastman inquired whether this ordinance would provide better law enforcement tools for officers with Chief Welter responding it would improve the ability of officers to respond and react to citizen complaints pointing out that the enforcement would be for a violation of the ordinance only. Mayor Tait asked how the exemption provision of this ordinance would be handled by Chief Welter. Chief responded that the only way he could insure children were protected was to err on the side of caution and be very conservative on permitting park entry for any registered sex offender, most likely giving no exemptions. Mayor Pro Tern Sidhu remarked this was an important issue to him and if the ordinance protected one child, it was worth moving forward with its adoption. In answer to Mayor Tait's question, Mr. Rackaucas indicated established criteria could be outlined that would give the Chief of Police a standard when considering requests for exemptions. He also pointed out there would not be statistics that showed how many children were saved by this ordinance, but he was convinced it would happen. Susan Schroeder indicated cities such as Laguna Hills, Rancho Santa Margarita and Yorba Linda determined the police chief may take into consideration certain activities, such as voting and used the word "may" in the language because each circumstance was different and the police chief would have the most amount of knowledge as to what this person's background was and it was unwise to specifically spell out every single scenario. Discussion was held on various specific cases and how this ordinance should not eliminate offenses against adults as many offenders go back and forth with crimes against adults as well as against children. Council Minutes of October 9, 2012 Page 15 of 21 Council Member Murray remarked the City looked at this ordinance for seven months, thoroughly vetting its provisions and with other Orange County cities now participating, it was time to provide that level of protection for Anaheim's children and she moved to introduce the ordinance. Council Member Eastman remarked she felt the lack of discrimination between serious offenders and someone that had served their time should be addressed. Ms. Talley remarked it there were substantive changes to be made, the introduction would continue to the next meeting; however the revised ordinance if changed substantially, must be introduced as new legislation. Council Member Murray suggested that administratively that concern could be addressed and introduced ORDINANCE NO. 6256 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Sections 7.60.010 through 7.60.040, inclusive, of Chapter 7.60 of Title 7 of the Anaheim Municipal Code Relating to Child Safety Zones to prohibit persons required to register as sex offenders pursuant to California Penal 18. PUBLIC HEARING: GENERAL PLAN AMENDMENT NO. 2012 -00485 REVISED TENTATIVE TRACT MAP 16860 C410 MISCELLANEOUS CASE NO. 2012 -00553 VARIANCE NO 2012 -04909 AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 2006 -00002 (DAG- 2006- 00002B) OWNER: LNR Platinum Stadium, LLC, Michael Schlesinger, 4350 Von Karman Avenue, Suite 200, Newport Beach, CA 92660 AGENT: Hunsaker and Associates, Ted D. Frattone, 3 Hughes, Irvine, CA 92618 LOCATION: 2050 South State College Boulevard and 2015 -2125 East Orangewood Avenue To amend the General Plan to revise the public park locations for this project site; to amend the Platinum Triangle Master Land Use Plan to revise the Connector Street and public park locations for this project site; to permit a smaller park than allowed by the Anaheim Municipal Code; to amend an existing Development Agreement between the City of Anaheim and LNR Platinum Stadium, LLC, to address a proposed project re- design, including a revised product type, site layout, and reduction in the number of residential units; and, to revise the tentative tract map to reflect the modified site design, including the new locations of the proposed Connector Street and public park. Environmental Determination: Previously Certified Environmental Impact Report No. 339. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended City Council approval as follows: Variance No. 2012 -04909 - Vote: 4 -1: Commissioners Bostwick, Faessel, Lieberman and Seymour voted yes. Chairman Ramirez voted no. Commissioners Agarwal and Persaud were absent. General Plan Amendment No. 2012 - 00485, Revised Tentative Tract Map 16860, Miscellaneous Case No. 2012 - 00553, and Amended And Restated Development Agreement No. 2006- 00002 - Vote: 5 -0: Chairman Ramirez and Commissioners Bostwick, Faessel, Lieberman and Seymour voted yes. Commissioners Agarwal and Persaud were absent. (Resolution Nos. PC2012 -060, PC2012 -061, PC2012 -062, PC2012 -063 and PC2012 -064) (Planning Commission Meeting of September 10, 2012). MOTION: E/M Find and determine that previously- approved Final Subsequent Environmental Impact Report No. 339 serves as the appropriate environmental documentation for these applications. Council Minutes of October 9, 2012 Page 16 of 21 RESOLUTION NO. 2012 -122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Variance No. 2012 -04909 and making findings in connection therewith. RESOLUTION NO. 2012 -123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting General Plan Amendment No. 2012- 00485 and making findings in connection therewith. RESOLUTION NO. 2012 -124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting an amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2012 - 00553) (DEV2012- 00014). RESOLUTION NO. 2012 -125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving revised Tentative Tract Map No. 16860 and making findings in connection therewith (DEV2012- 00014). ORDINANCE NO. 6257 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM approving Amended and Restated Development Agreement (Development Agreement No. 2006- 00002B) by and between the City of Anaheim and LNR Platinum Stadium, LLC; making certain findings related thereto; and authorizing the Mayor to execute and the City Clerk to attest said agreement for and on behalf of the City. At 8:31 P.M., Mayor Tait declared a potential conflict of interest on this matter as his firm had worked with the developer and exited the dais. Mayor Pro Tern Sidhu then asked for a staff report. Sheri Vander Dussen, Planning Director, indicated this was a request to amend an existing development agreement for a 15 -acre site located at the northeast corner of Orangewood Avenue and State College Boulevard that had been approved for an 878 unit residential project with two public parks. At that time, the project was known as Lennar's A -Town Stadium development but was now controlled by a different company, LNR. She noted in response to changes in the housing market, LNR was proposing a redesign, revising the project from an 878 -unit condominium development to a 525 -unit apartment complex. LNR was also proposing to modify the design and location of the public park and public street planned within the development. Those modifications required amendments to the City's General Plan and Platinum Triangle Master Land Use Plan (PTMLUP). In addition, she explained, if the proposed design modifications were approved, a previously- approved tentative tract map must be revised to reflect the modified site design and a variance from the Zoning Code would be needed because the proposed public park area was smaller than required by code. Specifically, LNR requested a variance to allow the public park to be smaller than required by Code as the park must include at least 44- square feet of land per dwelling unit. Based on this ratio, the 525 -unit project was required to provide a 23,100 square foot park and the proposed park, she explained, was 20,899 square feet. This was due in part to an irregularly shaped piece of land at the northeast corner of the project site which encroached into Angel Stadium parking lot. She added this remnant parcel, was cut -off from the rest of the project site by a public street planned as part of this development, and was not practical for park or other use, adding that LNR intended to deed this remnant area to the City to incorporate into the Angel Stadium parking lot to improve circulation at the stadium. She further added, in order to compensate for the reduction in park area, the applicant agreed to install additional park Council Minutes of October 9, 2012 Page 17 of 21 amenities, such as a bocce ball court, or other active recreation features geared towards adults. To address the park revision, the General Plan Amendment revised exhibits in the Land Use, Circulation and Green Elements components, to reflect the one park site approximately 21,000 square feet in size. This park site would be prominently located at the corner of Dupont Drive and Artisan Way, along the north and east edges of this site, easily accessible to the general public as well as to the residents of the proposed project as well as residents of a community planned on property immediately east of this site. Similar to the General Plan, Ms. Vander Dussen noted, the PTMLUP contained exhibits proposed to reflect the project's revised site plan. These exhibits delineate the location of a "connector street" which runs through the project site and connected Orangewood Avenue to State College Boulevard. The original plan showed a connector street running through the center of the site with the revised site plan relocating this public street along the north and east property lines. She indicated the revised connector street alignment met the intent of the Platinum Triangle circulation plan as it provided pedestrian friendly connectivity, direct public access to the park and signalized access points to both State College and Orangewood. She reported LNR also proposed to revise a Tentative Tract Map to reflect the modified site design which reflects the project's revised design including the realigned connector street and public park. Ms. Vander Dussen stated the proposed project would be an attractive addition to a key in the Platinum Triangle. Although reduced from 878 to 525 residential units, it would still contribute to the urban feel envisioned for the area and the design itself, different from existing projects, would offer a greater range of housing options. During the Planning Commission hearing, Ms. Vander Dussen stated the applicant had raised two issues. Section 12.4 of the development agreement included a provision requiring the applicant not to contest the formation of the future infrastructure or maintenance assessment district in the Platinum Triangle. This provision, she explained, was part of the standard development agreement used for all of projects in the Triangle and while the requirement precluded developers from contesting the formation of future assessment districts, it did not prohibit them from contesting the formation of such districts including assessment rates and boundaries. In fact to form such a district, she explained, the city would have to go through an extensive process that would involve meetings with developers and public outreach with property owners. She added the City already formed a community facilities district (CFD) used to fund infrastructure and enhanced street landscaping in the Platinum Triangle, but not future maintenance and may wish to pursue the establishment of a maintenance district in the future similar to that established in the resort areas where property owners fund a higher level of maintenance for improvements in their area. Given that this provision was included in every other development agreement approved by council; she indicated staff recommended this provision be retained in this agreement as well. The second concern raised by the application was a condition of approval related to a traffic signal reimbursement agreement between the applicant and KB Home. KB Home was required to install a traffic signal on State College Boulevard when it developed its property across from LNR's property on State College. At that time it was contemplated that KB Home would be partially reimbursed for the cost of the traffic signal by the developers of three other Council Minutes of October 9, 2012 Page 18 of 21 residential projects that would benefit from this installation, including the LNR's site. Ms. Vander Dussen stated staff believed KB Home may be entitled to some form of reimbursement from LNR and was recommending that should council want to consider eliminating this condition, the hearing be continued to October 23 meeting to allow for further research on this matter. Mayor Pro Tern Sidhu opened the public hearing, explaining hearing rules and time limits for speakers. Michael Slesinger, representing the applicant, mentioned that LNR Property was involved in the Platinum Triangle since 2005 when it was a member of the A -Town development team with a 50 percent partnership. A year ago, the partnership split and Lennar took control of the Metro site and LNR took control of the Stadium site. In reviewing the stadium site, LNR recognized that many of the developments were based on two types of structures, one with a central parking structure and units wrapped around it or a structure with parking underground and units stacked on top. LNR set out to create a hybrid approach which would have the advantage of creating a street scene within the community that none of the other projects had. This proposal, he explained, contained three or four stories of residential units over one story of parking, supplemented by surface parking that surrounded the building. Through the creation of a street scene, parallel parking was allowed with street trees in grates and steps that lead up to the units on each side, creating an inviting walking environment within the community and residents with a completely different experience than other developments in the Triangle. He stated, the issue of the condition that was in all development agreements in the Platinum Triangle addressed the requirement to execute a covenant to be recorded against the property that LNR would not oppose a future infrastructure or maintenance district. With the success of the infrastructure district already formed a few years ago, which LNR supported and had already provided improvements to the area, LNR believed the covenant not to oppose the infrastructure district was no longer necessary. He added LNR was requesting the city consider direction about the feasibility of another district being formed in the future whether it is for infrastructure or maintenance and apprises current landowners with development agreements and those who had not yet developed, exactly what the city's intention would be. The second area of concern was the condition of a reimbursement due for the traffic signal constructed on the corner of State College and Artisan Way, a corner shared by Anavia Apartments and other condo projects to the east. LNR wished to eliminate this condition because KB Homes built the traffic signal on their own, without a reimbursement agreement and there was no reimbursement due by any other party. Cecil Jordan Corcoran, Outreach Homeless Ministries, explained certain passages of the bible. William Fitzgerald, Anaheim Home, inquired about time limits on legislative matters with the City Clerk indicating this was a quasi-judicial hearing and the three minute rule applied for general comment on this matter. Mr. Fitzgerald opposed the project in general as it would give away the financial future of the city to developers only interested in monetary gain. Michael Slesinger provided closing remarks, commenting that in addition to park dedication and improvements, LNR would be paying $2.8 million dollars in park fees and dedicating 6,000 feet of property to the city to expand the parking lot at Angel Stadium. He also added if council needed additional time to consider condition 22 on the Tentative Tract Map, that variance, general plan amendments and miscellaneous items be moved forward. Council Minutes of October 9, 2012 Page 19 of 21 Council Member Murray inquired whether there were any reasons why the traffic signal reimbursement could not be eliminated. It had been paid for by KB Homes, KB Homes was not seeking reimbursement and the ownership of the KB Homes site had been sold multiple times. Natalie Meeks, Public Works Director, responded the other developments served by this signal did have a reimbursement condition on their agreements and it appeared that the project was initially required to build the traffic signal with the development agreement containing a condition that talked about implementing the public facilities per the public facilities plan, which was an exhibit to the agreement. The traffic signal was listed on the exhibit, she stated and at this time, Lennar and the KB project were close in timing and were both conditioned to build the traffic signal in anticipation of some cost sharing. This particular project, she explained, was not covered by the CFD because it was not one of the general infrastructures; it was a traffic signal that only served the new development. Based on research performed so far, and should council further explore eliminating this condition, Ms. Meeks thought additional time for further research might be needed. She indicated the KB project did move forward and should have come in sooner with reimbursement requests, but had their own financial issues and did not. She added in trying to treat all the development in the Triangle consistently and when a signal such as this one served multiple projects, staff sought to get a cost - sharing among those projects so that the first developer did not get stuck with the full cost of the traffic signal construction. Council Member Eastman remarked she had met with Michael Slesinger to discuss LNR's proposal and was on the Planning Commission when the original proposal had been approved and was supportive of the revisions. She asked if it was possible to move this project forward but to continue the issue regarding the traffic signal reimbursement and staff responded that in order to approve the development agreement, a final site plan and tract map along with all the other applications would have to be approved as well. Further discussion occurred with Council Member Murray indicating she was inclined to eliminate that clause at this point. She confirmed that KB had been notified of this public hearing, having property in the noticed area, and had not asked the city for relief of any kind and the city had taken over the cost of maintaining the signal so there was no future liability and moved to eliminate that clause. Council Member Eastman concurred that the property owner had ample opportunity to come forward and would support the elimination of the signal reimbursement clause. She then remarked that the original intention of the Platinum Triangle was to create a dense, urban area with a higher standard of maintenance for this area to be covered by the residents and property owners. Ms. Vander Dussen indicated the applicant feared there could be the establishment of another assessment district, however staff's reluctance in taking out that clause was to reserve the right to create a parking or maintenance district and wanted to ensure the city was not precluded from doing so. Mayor Pro Tern Sidhu supported leaving that clause in and eliminating the traffic signal reimbursement condition. He asked if there was going to be enough assessment revenues to pay for needed fire stations, schools, etc., with the decrease in the numbers of units being built at this time. Ms. Meeks responded as properties continued to develop, staff would reassess needs in that area and balance those with the actual development. She did not feel that reducing the density at this point was enough to recalculate the needs of the Platinum Triangle as there was a lot of potential development land still in that area. Mayor Pro Tern Closed the public hearing. Council Member Eastman made the following motion: 1) To find and determine that the previously- approved Final Subsequent EIR #339 served as the appropriate environmental documentation for these applications; Council Minutes of October 9, 2012 Page 20 of 21 2) To approve RESOLUTION NO. 2012 -122 OF THE CITY OF ANAHEIM, approving Variance No. 2012 -04909 and making findings in connection therewith; 3) To approve RESOLUTION NO. 2012 -123 OF THE CITY OF ANAHEIM approving and adopting General Plan Amendment No. 2012 -00485 and making findings in connection therewith; 4) To approve RESOLUTION NO. 2012 -124 OF THE CITY OF ANAHEIM approving and adopting an amendment to the Platinum Triangle Master Land Use Plan; 5) To approve RESOLUTION NO. 2012 -125 OF THE CITY OF ANAHEIM approving Revised Tentative Tract Map No. 16860 and making findings in connection therewith (with an amendment to the Tentative Tract Map conditions removing Condition No. 22) seconded by Council Member Murray. Roll Call Vote: Ayes — 4: (Mayor Pro Tern Sidhu and Council Members: Eastman, Galloway and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion carried. Mayor Tait returned to the dais at 9:17 P.M. Report on Closed Session Action: None Council Communications: Council Member Eastman reported the ribbon cutting ceremony for Ponderosa Library was a great example of the city and school districting working together for the community. She encouraged the community to attend the Come Together Community Fair scheduled for Saturday at La Palma Park helped by the Arts Council and spearheaded by private non - profits. She also announced Fire Chief Randy Bruegman and an Anaheim Police Officer would be honored at the TIPS Heroes with A Heart Fundraiser on October 26" and highlighted TIP Orange County and its adopt a volunteer program. Mayor Pro Tern Sidhu congratulated the Mills Act recipients for their dedication and hard work on their historic homes, highlighted the Public Power Week events going on at the Downtown Farmer's Market and thanked all the residents who submitted applications to participate on the Citizen Advisory Committee regarding elections, adding his appointments had been submitted and the first meeting of the committee would take place on October 18, at the Brookhurst Community Center. Council Member Galloway indicated the friends and family of Jasmine Munoz would attend the next council meeting to share their stories of tragic suicides by high school students. Council Member Murray announced the CHOC walk fund raiser to be held on October 14 at the Disneyland Resort, with CHOC ambassador Adela Jauregi and her team participating. She thanked all those involved in an evening to celebrate the arts, the annual Muzeo gala fund raiser which provided free entry to the Muzeo for schools and students and offered educational programs as well. She discussed the grand opening of the Ponderosa Library, now open and available to the community at large and also requested an annual economic report on the resort district and a report by the Chief of Police on realignment before the end of this year. Mayor Tait suggested residents interested in volunteering for TIP Orange County, visit their website for more detailed information. Council Minutes of October 9, 2012 Page 21 of 21 Adjournment: At 9:34 P.M, this meeting was adjourned to October 23, 2012 in memory of Jasmine Munoz, Anaheim High School student. Re ully submitted, Linda N. Andal, CIVIC City Clerk