2014/10/21 ANAHEIM CITY COUNCIL REGULAR
AJOURNED MEETING OF OCTOBER 21, 2014
The regular meeting of October 21, 2014 was called to order at 3:00 P.M. and adjourned to 4:30
P.M. for lack of a quorum. The regular adjourned meeting of October 21, 2014 was called to
order at 4:32 P.M. in the chambers of Anaheim City Hall, located at 200 S. Anaheim Boulevard.
The meeting notice, agenda and related materials were duly posted on October 17, 2014.
PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Gail Eastman, Lucille
Kring and Kris Murray
STAFF PRESENT: Interim City Manager Paul Emery, City Attorney Michael Houston and City
Clerk Linda Andal
ADDITIONS /DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS:
Cecil Jordan Corkern, Outreach Homeless Ministries offered comments on the drop in city crime
statistics and other personal comments unrelated to the closed session items.
At 4:36 P.M., Mayor Tait recessed to closed session for consideration of the following items:
CLOSED SESSION:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: C. V., et al v. City of Anaheim, 9th Cir. Case No. 14 -55760
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Subdivision 54956.8 of the California Government Code)
Property: 2000 East Gene Autry Way, Anaheim, CA (Angels Stadium of Anaheim)
Agency Negotiator: Tom Morton
Negotiating Parties: Angels Baseball, LP, Pacific Coast Investors, LLC, City of
Anaheim
Under Negotiation: Price and Terms of Payment Regarding Lease
At 5:09 P.M., the City Council returned from closed session and the meeting reconvened.
INVOCATION: Senior Pastor Jerry Dirmann, The Rock Church in Anaheim
FLAG SALUTE: Council Member Gail Eastman
PRESENTATIONS: Recognizing State Senator Lou Correa
Mayor Tait thanked Senator Correa for his support of local control and his diligent efforts on
behalf of cities, particularly towards his hometown of Anaheim. Senator Correa spoke on the
highlights of his tenure and the substantive issues tackled on behalf of Anaheim; issues such as
the impacts of medical marijuana dispensaries on communities and how that legislative
collaborative process with Anaheim leadership was still shaping California policy.
City Council Minutes of October 21, 2014
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Introducing the 2014 -2015 Miss Anaheim Fall Festival, Teen
Ambassadors and Junior Ambassadors
Debbie Herman introduced Cheyenne Paige, Ms. Anaheim Fall Festival, Teen Ambassadors:
Erica River and Lauryn Whyte, Junior Ambassadors: Chrystal Ramirez and Lauren Yuniskis; all
participants in a personal enrichment program and selected based on dedication to community.
Recognizing the Altrusa Club, the Anaheim Public Library and the
Ponderosa Elementary School for their Creative Writing Program
Collaboration
Audrey Lujan, City Librarian, reported the Anaheim Public Library had partnered with the Altrusa
Club of Anaheim to develop a creative writing contest for the 4 through 6 grade students at
Ponderosa Elementary School. Carol Latham explained the Altrusa Club was part of an
international organization of professionals dedicated to volunteer community service with the
main theme of "literacy." She thanked the Ponderosa school teachers, library staff, and judges
who read the essays on "Finding My Voice, Telling My Story." She added that all 150 finalists,
which included nine award winners, were recognized and the winning essays read by Chance
Theater actors as a special gift to the authors. Maria Villegas, Ponderosa principal, thanked the
city for celebrating the students and creating an opportunity for them to shine. Jacqueline
Fernandez, 6 grader, then read her award - winning story.
Recognizing the Crescent Robotics Teams
Natalie Carias, 3 grade GATE Teacher and head of the Robotics Program, thanked Principal
Randi Leach, parent mentors and the partnership between the city and local public schools for
their support of STEM education through robotics. John Drum, parent mentor, remarked the
teams were challenged to develop a strategy and design /build a program to operate robots in
competition. The teams started off with a state championship in Silicon Valley and walked away
with six awards, including the state championship and qualified both teams for a world
championship held in the convention center. The Mighty Mechs bested 60 teams from 26
countries to become the 2014 VEX World Champions and the Cougar Bots placed third in the
overall competition.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Proclaiming October 20 -26, 2014, as National Friends of the Library Week
Audrey Lujan, Anaheim Public Library, introduced Betsy Kasten, Friends of the Canyon Hills
Library. Mrs. Kasten announced the Friends organization strengthened the resources of this
family library while promoting knowledge, services and needs of the library and detailed the
specific fund - raising efforts to meet those goals. Helen Carter, Friends of the Anaheim Library,
announced the various events that helped raise funds for this branch and also detailed the
contributions made to date and highlighted a special effort to help returning veterans.
Proclaiming October 23 -31, 2014, as Red Ribbon Week
Police Captain Ben Hittesdorf accepted the Red Ribbon proclamation, remarking it was the
largest and oldest drug prevention campaign in the nation with the theme this year of "Love
Yourself." He added the Anaheim Police Department would continue its partnership with local
schools to encourage and support a drug free and healthy lifestyle for Anaheim's youth.
City Council Minutes of October 21, 2014
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Proclaiming November 9 -15, 2014, as Veterans Week in Anaheim
Gary Mason, VFW organization, accepted the proclamation thanking the city for all the
programs offered on behalf of veterans, programs such as the Banner Program, Purple Heart
city recognition, and adoption of the 13 MEU.
Proclaiming November 15, 2014, as America Recycles Day
Mark McGee stated Republic Services had been involved in innovative recycling for many years
and invited the community to tour Republic's Eco Center the week of November 15 a facility
that offered the public a close view of the state of the art recycling operation.
Proclaiming October 19 -25, 2014, as Childhood Lead Poisoning
Prevention Week
Cecile Truong thanked the city for recognizing this important public health issue and accepted
the proclamation on behalf of the County of Orange Environmental Health Agency.
Proclaiming November 16, 2014, as International Day of Tolerance
Alphonso Clarke accepted the proclamation on behalf of OC Human Relations, remarking his
organization worked with government and nonprofits, schools and community leaders to serve
as a resource to address challenging issues in the community.
Proclaiming November 1, 2014, as Extra Mile Day
Proclaiming November 2014, as Pancreatic Cancer Awareness Month
Roberta and Vic Luna, Pancreatic Cancer Action Network, thanked the city for the support given
over the years for a disease that was the 4 leading cause of cancer death but the least funded.
She encouraged the community to support further pancreatic cancer research by participating in
the PurpleStride event being held on November 15
Recognizing Angels Baseball
Brendy McGuire, Community Relations, thanked the city for recognizing Angels Baseball as the
Division West Champions, with 98 wins and the best record in baseball this year. She added
Angels also became the first expansion franchise to have an overall record of 500 with fans
numbering 3 million strong in home attendance for the 12 consecutive season. Mayor Tait
remarked Angels Baseball brought a lot of excitement and joy to Anaheim as well.
Recognizing the Orange County Hispanic Education Endowment Fund
Honorees
Recognizing the League of United Latin American Citizens 2014 Orange
County Hispanic Women of the Year
ADDITIONS /DELETIONS TO THE AGENDAS City Clerk Linda Andal announced staff's
request to continue Agenda Item No. 12 to November 25, 2014 and with no objections raised,
Mayor Tait continued the item.
City Council Minutes of October 21, 2014
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PUBLIC COMMENTS (all agenda items):
Prior to receipt of public comments, a brief decorum statement was provided by City Clerk,
Linda Andal.
Cecil Jordan Corkern, Outreach Homeless Ministries, supported Mayor Tait for reelection, citing
various positive results during his tenure.
Carol Latham, Anaheim Fall Festival, urged the community to attend the 90 festival and
Halloween parade, an event of family - friendly fun at the Center Street Promenade.
Dan DeMeyere, resident, was critical of the Brookhurst Street Improvement project and its
impacts upon residents, specifically citing wheelchair access, safety and general maintenance
of the construction site. Mayor Tait requested the City Manager look into the weeds /landscaped
area to ensure trash was being removed.
David Vill, resident, strongly opposed Council's approval of local fireworks after years of
prohibition. In particular, he objected to the ground level smoke impacts for those with
respiratory problems.
Bob Tiscareno, resident, opposed the Convention Center expansion, remarking that exhibit halls
and other spaces were empty at times while the surrounding hotels offered meeting rooms and
auditoriums. In addition, he felt the cost of the expansion was too expensive for future
generations to bear. Mr. Tiscareno requested the city clean up Pearson, Boysen, and La Palma
Park rather than build new recreational areas.
William Fitzgerald warned of a potential Ebola epidemic since Orange County was a
transportation hub with thousands of visitors from around the world going to Disneyland each
day. He supported James Vanderbilt for a council seat, elaborating on his background, service
and expertise to handle any crisis that comes along.
Council Member Kring, as a point of personal privilege, responded that as a board member of
the Anaheim Regional Medical Center, she is aware of the efforts they were taking to address
the Ebola Virus and that every other hospital in the area was taking the same precautions to be
prepared for any situation.
Gloria Ma'ae, resident, announced as a member of the CAC for Elections, she believed the real
problem in Anaheim was a lack of voter participation and that Measure L would not offer equal
representation. She believed residency -based candidates elected at large was the best
alternative for Anaheim residents.
R. Joshua Collins, thanked the City Manager for keeping the bathrooms open at Maxwell and
Schweitzer Park. He added there was no safe place for the homeless to sleep and recently he
had been jailed during a peaceful protest at Maxwell Park and his belongings had not been
released to him. He asked the city to release the homeless with their property intact and to
create safe areas in which the homeless could sleep.
James Robert Reade read a posting from his website, Manuelangeldiaz.com
City Council Minutes of October 21, 2014
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Stephanie Stieler talked of her personal journey from a third world country to America and
expressed her gratitude to have been able to relocate to the United States and to serve as a
humanitarian and proud American in the city of Anaheim.
Genevieve Huizar, protesting a TV advertisement regarding Anaheim's mayoral race,
referenced the Orange County District Attorney in her response.
An unidentified speaker, objected to that same television advertisement referenced by Ms.
Huizar and spoke in support for Mayor Tait.
Jose Vargas, ESCRI, provided a comprehensive explanation of his organization's efforts to
address the disenfranchised and underserved areas of Anaheim.
Janet Saldivar, resident, spoke in strong support of Council Members Gail Eastman, Kris Murray
and Lucille Kring, candidates for City Council and Mayor.
Yesenia Rojas, resident, urged the Latino community to make their voice heard and counted by
voting on November 4th
Jeannette Marie Lisner (aka Red) opposed the political rhetoric as seen in the mailers and
advertisements regarding city candidates; she offered her full support to Mayor Tait.
Cynthia Ward, CATER, warned the city that Pacific Coast Investors LLC was listed in today's
closed session when they were not a party to the stadium lease. She added that CATER's
litigation was also not updated in closed session, even though the second amended complaint
had been filed. Referencing the CSL economic report, she stated it was a conflict of interest
matter as CSL was negotiating with the Angels while creating the report. She added if the city
was moving forward on the past report, there would be consequences and a letter from the
parent company stating CSL was a separate entity would not hold up. She requested the city
obtain a new report on the economics of the stadium and not rely on a document that was a
conflict of interest.
Greg Diamond, CATER, pointed out to the public that if Measure L passed, the cost of running
for city council would be reduced by 75 percent and if Measure M passed, it would be reduced
by 5/6, because less voters would be involved. He added CATER was continuing to press the
claim that the Angel's lease extension was improperly approved and therefore was null and void
which would allow for the city to make Angels Baseball stand by their current contract. He also
explained the details of the second lawsuit CATER filed against the Convention Center
expansion and cautioned the public to be careful how they voted.
Ron Bengochea, resident, strongly urged voters to oppose Measure L, stating the establishment
of districts only served to create turf battles between council persons and would not solve
issues. With at large electoral systems, elected officials were accountable to each resident and
he remarked Anaheim had successfully lived under that system for some time.
Ted Kraemer, resident, wished the candidates good luck stating that whatever the outcome, he
hoped Council would negotiate fairly and professionally with Angels Baseball and that the
management team followed through on Council's requests and included all terms within the
contract.
City Council Minutes of October 21, 2014
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Brian Chuchua, resident, supported Measure L and M, remarking district elected
councilmembers would better understand the needs of their neighborhoods.
Lisa Lewis, resident, requested Mayor Tait respond to her questions regarding one of the
council candidates.
COUNCIL COMMUNICATIONS: None
CITY MANAGER'S UPDATE: None
CONSENT CALENDAR: Mayor Tait indicated he would record an abstention on Item Nos. 7,
11, 14 and 20 as his firm conducted business with the County of Orange, Fullerton and OCTA
this past year. Council Member Eastman then moved to waive reading in full of all ordinances
and resolutions and to adopt the consent calendar as presented (excluding Item No. 12), in
accordance with reports, certifications and recommendations furnished each city council
member and as listed on the consent calendar, seconded by Council Member Kring. Roll Call
Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.)
NOES — 0. Motion Carried.
B105 1. Receive and file minutes of the Sister City meetings of March 22, 2010, May 24, 2010,
August 23, 2010, November 22, 2010 and January 28, 2013, Community Services Board
meetings of July 10, 2014 and September 18, 2014, and the Fair Political Practices
Commission 2014 Local Agency Biennial Notice relating to the City's Conflict of Interest
Code.
D117 2. Approve the Investment Portfolio Report for September 2014.
D159 3. Authorize the City Manager, or his designee, to administer and perform all duties
necessary and advisable in order to effectuate the Citywide Historic Preservation Plan.
D159 4. Designate a residence located at 1219 East Santa Ana Street as a Citywide "Historically
Significant Structure."
D180 5. Accept the proposal of Crisp Enterprises Inc., dba C2 Reprographics, for reprographic
services for a three year period with two one -year optional renewals, and authorize the
Purchasing Agent to exercise the renewal options, in accordance with Request for
Proposal # 8301.
AGR- 3115.E 6. Waive the sealed bid requirement of Council Policy 4.1 and approve an agreement with
California Forensic Phlebotomy, Inc., in an amount not to exceed $250,000 including
taxes, to perform forensic phlebotomy services for a one year period with four one -year
optional renewals and authorize the Chief of Police to exercise the renewal options.
7. Approve California State University, Fullerton as a new member of the Integrated Law &
AGR- 3948.A Justice Agency for Orange County (ILJAOC) and the Restated and Amended Joint
Powers Agreement (Agreement) approving the added membership and amended
language in the Agreement to streamline and improve the ILJAOC Governing Board's
ability to govern the work of ILJAOC.
City Council Minutes of October 21, 2014
Page 7 of 14
Mayor Tait abstained on this item. Roll Call Vote: AYES — 4: (Mayor Pro Tem Murray and
Council Members: Brandman, Eastman, and Kring.) NOES — 0. ABSTENTION — 1: Mayor Tait.
Motion to approve carried.
P109, 8. Approve the Purchase and Sale Agreement and Grant Deed with Alan Nguyen and
AGR -8493 David Nguyen, in the amount of $155,000, for the sale of a new lot created by the
assembly of remnant property located at 2163 West KateHa Avenue and 2167 West
Katella Avenue (Lot 1 of Lot Line Adjustment No. 0000715; APN 128 -604 -11 and 128-
604-12).
P109, 9. Approve the Purchase and Sale Agreement and Grant Deed with Alan Nguyen and
AG R -8494 David Nguyen, in the amount of $113,000, for the sale of a new lot created by the
assembly of remnant property located at 1771 South William Miller Drive and 2159 West
KateHa Avenue (Lot 2 of Lot Line Adjustment No. 0000715; APN 128- 604 -13 and 128-
604-14).
AGR- 1736.E 10. Approve the engineering services agreement with Infrastructure Management Services,
in an amount not to exceed $149,292, for the Citywide Pavement Management System
Program update for the Arterial Highway System from 2013 to 2015 and Local Street
System from 2013 to 2017.
11. Approve Amendment No. 2 to Cooperative Agreement No. C -1 -2958 with Orange
AGR- 7084.2 County Transportation Authority extending the expiration date of the agreement to June
30, 2015 for the right -of -way acquisition and utility relocation for the Lakeview Widening
South of the OC Bridges Grade Separation Project.
Mayor Tait abstained on this item. Roll Call Vote: AYES — 4: (Mayor Pro Tem Murray and
Council Members: Brandman, Eastman, and Kring.) NOES — 0. ABSTENTION — 1: Mayor Tait.
Motion to approve carried.
12. Approve and authorize the Director of Public Works to execute the Indoor /Outdoor
Advertising Project and License Agreement with Clear Channel Outdoor for
indoor /outdoor advertising services within the ARTIC site, authorize the Director of
Public Works to renew the agreement for no more than one additional term and
determine that previously- certified Final Environmental Impact Report No. 343
(SCH #2009071071) and its addendum are the appropriate environmental documentation
for approval of this item (continued from meeting of October 7, 2014, Item No. 16).
This item was continued to November 25, 2014; no action taken.
AGR -8495 13. Approve an agreement with Margaret Stern LLC, in an amount not to exceed $200,000,
for professional consulting services to provide group facilitation, training, curriculum
development, written testing services and organizational interventions that may include
team building, coaching services, mentoring and strategic planning in support of the
City's Organization Development and Training Program.
14. Approve and authorize the Public Utilities General Manager, or his designee, to execute
and take the necessary actions to implement and administer License Agreement OC-
AGR -8496 247 with the Orange County Transportation Authority for a fiber optic cable railroad
crossing and related appurtenances at La Palma Avenue near East Street.
City Council Minutes of October 21, 2014
Page 8 of 14
Mayor Tait abstained on this item. Roll Call Vote: AYES — 4: (Mayor Pro Tem Murray and
Council Members: Brandman, Eastman, and Kring.) NOES — 0. ABSTENTION — 1: Mayor Tait.
Motion to approve carried.
P124 15. RESOLUTION NO. 2014 -182 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
certain interests in real properties (City Deed Nos. 11741, 11742, 11743, 11744, 11745,
11746, 11747, 11748, 11749, 11750, and 11755).
P124 16. RESOLUTION NO. 2014 -183 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
certain interests in real properties (City Deed Nos. 11753 and 11754).
17. RESOLUTION NO. 2014 -184 A RESOLUTION OF THE CITY COUNCIL OF
P110 THE CITY OF ANAHEIM vacating a public utility easement located at 333 West Ball
Road pursuant to California Streets and Highway Code Section 8330, et seq. - Summary
Vacation (ABA2014- 00283).
18. RESOLUTION NO. 2014 -185 A RESOLUTION OF THE CITY COUNCIL OF
P110 THE CITY OF ANAHEIM vacating certain access easement extending southerly from
1256 East Lincoln Avenue to the northerly terminus of Fahrion Place, pursuant to
California Streets and Highway Code Section 8330, et seq. - Summary Vacation
(Abandonment No. ABA2014- 00279).
Approve the conveyance of the City's interest to the applicant via a quitclaim deed and
authorize the City Clerk to cause the quitclaim deed to be recorded in the Office of the
County Recorder.
19. RESOLUTION NO. 2014 -186 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM vacating a public utility easement located at 1380 South
P110 Sanderson Avenue pursuant to California Streets and Highway Code Section 8330, et
seq. - Summary Vacation (ABA2014- 00285).
20. RESOLUTION NO. 2014 -187 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the Director of Public Works or her designee to
D175 submit a grant application on behalf of the City of Anaheim to OCTA for funds for the
Arterial Pavement Management Program funded with Regional Surface Transportation
Program Funding under the Moving Ahead for Progress in the 21st Century Federal
Transportation Act and if awarded, authorizing the acceptance of such funding on behalf
of the city and amending the budget accordingly.
Mayor Tait abstained on this item. Roll Call Vote: AYES — 4: (Mayor Pro Tem Murray and
Council Members: Brandman, Eastman, and Kring.) NOES — 0. ABSTENTION — 1: Mayor Tait.
Motion to approve carried.
21. RESOLUTION NO. 2014 -188 A RESOLUTION OF THE CITY COUNCIL OF
D175 THE CITY OF ANAHEIM expanding Permit - Eligible Parking District No. 13 and
designating Chateau Avenue from Falcon Street to Trident Street, east side of Trident
Street from Beacon Avenue to Chateau Avenue and west side of Falcon Street from
Beacon Avenue to Chateau Avenue as "Permit Parking Only" street within Permit-
City Council Minutes of October 21, 2014
Page 9 of 14
Eligible Parking District No. 13 and determine the action is exempt from the California
Environmental Quality Act (CEQA) pursuant to Regulation No. 15061 (b)(3).
22. RESOLUTION NO. 2014 -189 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM expanding Permit - Eligible Parking District No. 13 and
D175 designating Emerald Street from Beacon Avenue to Agate Street as "Permit Parking
Only" street within Permit - Eligible Parking District No. 13 and determine the action is
Exempt from the California Environmental Quality Act (CEQA) pursuant to Regulation
No. 15061 (b)(3).
23. ORDINANCE NO. 6307 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
C280 Code relating to zoning (Reclassification No. 2013 - 00263; DEV2014- 00009) (rezoning
property located at 2651 West Lincoln Avenue from the General Commercial zone to the
Multiple Family Residential zone) (Introduced at the meeting of October 7, 2014, Item
No. 34).
24. ORDINANCE NO. 6308 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending paragraph .0205 of Subsection .020 (Dwellings - Multiple Family)
C280 of Section 18.42.030 (Residential Parking Requirements) of Chapter 18.42 (Parking and
Loading) of Title 18 of the Anaheim Municipal Code (Zoning Code Amendment No.
2014 - 00119; DEV2014- 00073) (allowing tandem parking spaces in multiple family
residential zones) (Introduced at the meeting of October 7, 2014, Item No. 35).
D114 25. Approve the minutes of the Council meeting of October 7, 2014.
PUBLIC HEARING:
26. GENERAL PLAN AMENDMENT NO. 2014 -00495
ZONING CODE AMENDMENT NO. 2014 -00117
MISCELLANEOUS CASE NO. 2014 -00593
SECOND AMENDMENT AND RESTATED DEVELOPMENT AGREEMENT NO.2007-
0002
(DAG2007- 00002D) (DEV2012- 00060B)
C410 OWNER: Platinum Vista Apartments, LP, 6710 E. Scottsdale Road, Suite 100,
Scottsdale, AZ 85251
AGENT: The PRS Group, 3103 Rancho Viejo Road, Suite D -2260, San Juan
Capistrano, CA 92675
LOCATION: 1005 -1105 East Katella Avenue
The following zoning entitlements are requested in order to modify a previously -
approved residential project in the Platinum Triangle to increase the number of units
from 350 to 389 units. This request would also eliminate 60,000 square feet of
commercial area designated for this property within Sub -Area A of the Katella District in
the Platinum Triangle ( "the Proposed Project "): amend the General Plan to modify
Figures and Tables in various Elements of the General Plan, including Table LU -4:
General Plan Density Provisions for Specific Areas of the City" to reflect the Proposed
Project; amend Chapter 18.20 of the Anaheim Municipal Code to reflect the Proposed
Project; amend the Platinum Triangle Master Land Use Plan to reflect the Proposed
City Council Minutes of October 21, 2014
Page 10 of 14
Project; and, amend and restate Development Agreement No. 2007 -00002 between the
City of Anaheim and Platinum Vista Apartments, LP to reflect the Proposed Project.
Environmental Determination: The City Council will consider whether Previously
Certified Environmental Impact Report No. 339, Mitigation Monitoring Program No. 316
and Addendum No.3 to Previously Certified Environmental Impact Report No. 339 are
the appropriate environmental documentation for the Proposed Project.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended City Council approval of the General Plan Amendment No. 2014 -00495
(PC2014 -080); Zoning Code Amendment No. 2014 -00117 (PC2014 -081);
Miscellaneous Case No. 2014 -00593 (PC2014 -082); Second Amended and Restate
Development Agreement No. 2007 -0002 (DAG2007- 00002D (DEV2014- 00060B)
(PC2014 -083)
Vote: 6 -0: Chairman Seymour and Commissioners Agarwal, Bostwick, Caldwell, Dalati,
Lieberman voted yes. Commissioner Ramirez was absent (Planning Commission
Meeting of September 8, 2014)
RESOLUTION NO. 2014 -190 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving Addendum No. 3 to the previously - certified revised
Platinum Triangle Expansion Project Subsequent Environmental Impact Report No. 339
for the revised Platinum Triangle Expansion Project, along with Mitigation Monitoring
Program No. 316, and determining that said Addendum, together with other previously -
approved environmental documentation, serves as the appropriate environmental
documentation for proposed amendments to the General Plan, the Platinum Triangle
Master Land Use Plan, the Zoning Code, and an existing Development Agreement with
Platinum Vista Apartments, LP for the Platinum Vista Project. (General Plan
Amendment No. 2014 - 00495, Zoning Code Amendment No. 2014 - 00117,
Miscellaneous Case No. 2014 - 00593, and Development Agreement No. 2007- 00002D)
(DEV2012- 00060B)(1015 — 1105 East Katella Avenue).
RESOLUTION NO. 2014 -191 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving General Plan Amendment No. 2014 -00495
(DEV2012- 00060B)(1015 -1105 East Katella Avenue).
RESOLUTION NO. 2014 -192 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. 2014 - 00593) (DEV2012-
0006B) (1015 — 1105 East Katella Avenue).
ORDINANCE NO. 6309 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Table 20 -D (Development Intensities: Platinum Triangle Mixed
Use (PTMU) Overlay Zone) of Section 18.20.040 (Development Districts) of Chapter
18.20 of Title 18 of the Anaheim Municipal Code.
ORDINANCE NO. 6310 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM approving the Second Amended and Restated Development Agreement No.
2007 -00002 (Development Agreement No. 2007- 00002D) by and between the City of
Anaheim and Platinum Vista Apartments, L.P. and authorizing the Mayor to execute said
agreement for and on behalf of the City.
City Council Minutes of October 21, 2014
Page 11 of 14
Sheri Vander Dussen, Planning Director, reported this item was a request to amend the
development agreement for the Platinum Vista apartment project, by increasing the number of
apartments from 350 to 389. The request included amendments to the General Plan, Zoning
Code and the Platinum Triangle Master Land Use Plan reflecting the proposed increase in the
number of units and a decrease of 60,000 square feet of commercial space which had been
allocated to the property and the owner choosing not to develop it.
She explained the details of the amendment were as follows: consistent with the previously
approved project, the building would be designed as a five -story apartment complex wrapped
around a separate six story parking structure; no commercial space was proposed and the
building would maintain the same previously approved footprint with the floor plans revised to
gain the additional units without increasing the size of the building. Additionally, the proposed
amendments to the planning documents involved revisions to exhibits, figures and texts related
to the number of units permitted in the Platinum Triangle and the reduction of the commercial
square footage in the Katella District; and she added, the elimination of commercial
development planned for the property offset impacts related to the increase in the number of
dwelling units. The addendum to the EIR for the Platinum Triangle prepared for this project
revealed that no additional environmental impacts would result from the proposed revisions.
She noted that the Planning Commission reviewed the applicant's request and unanimously
recommended council approval of this project on September 8th
Ms. Vander Dussen pointed out that the ordinance and resolution containing the development
intensity table for the Platinum Triangle Master Land Use Overlay Zone (PTMLUOZ) contain a
typographical error pertaining to the total square footage to the Katella District. The square
footage noted was 634,643 square feet when it should have been 658,043 square feet, which
trier resulted in a total of 4,735,111 square feet of commercial area in the PTMLUOZ. She
emphasized the corrected redlined version of the ordinance and the resolution had been
distributed to council for their review and that the Commission resolutions had contained the
corrected information; she recommended Council approve the request.
Mayor Tait opened the public hearing setting guidelines for public speakers.
Della Herrick, applicant representative, remarked the applicant had worked diligently on the
conditions and mitigation measures and looked forward to breaking ground on this project.
William Fitzgerald, Homeowners Maintaining our Environment, made several political
statements prior to voicing his opposition to the Platinum Vista apartment proposal, citing
density issues, inadequate parking, and cheap construction.
Cecil Jordan Corkern, Outreach Homeless Ministries, updated Council on his personal situation.
Greg Diamond remarked there was little information offered in the staff presentation and he
looked to hear from each council member on the concerns raised, and whether they relied on
additional information rather than solely staff's recommendation.
Ron Bengochea, resident, remarked that the vacancy rate in the Platinum Triangle lofts was
high and the restaurants below the lofts had since moved on. He was concerned this could be
another apartment complex with 50 percent occupancy and that the city was headed in the
wrong direction.
City Council Minutes of October 21, 2014
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Cynthia Ward asked if project densities changed and buildings were revised from condos to
apartments, how did those demographics impact community facilities districts and infrastructure
needs.
Della Herrick responded the applicant was not requesting a parking variance and met code in
regards to parking, sewers and all the other infrastructures. These issues had been analyzed in
the addendum, and the environmental impacts of those changes had been fully considered.
She stated all the mitigations would be complied with, including paying all fees and sewer
infrastructure fees as their fair share. She emphasized this area was always envisioned as a
mixed -use apartment /condo area and the project was complying with the General Plan for this
site.
With no other public input offered, Mayor Tait closed the public hearing.
Council Member Eastman inquired about the parking requirements for this development with
Ms. Vander Dussen replying the zoning code was based on size and number of units and
required 627 parking spaces for this project and the applicant was providing 635 parking
spaces. She added those required spaces were for both residents and visitors. Council
Member Kring confirmed there was no on street parking available on Katella. Mayor Tait
wondered if the parking requirements were the same on this property as it would be elsewhere
in the city. Jonathan Borrego responded there was a slight reduction in the Platinum Triangle
beyond what would be required citywide specifically as this was planned as a transit - oriented
type of development with access to various transit options and ARTIC.
For the benefit of the public, Mayor Tait requested the question as to whether this amendment
affected the community facility district (CFD) be addressed. Natalie Meeks, Public Works
Director, responded that the CFD was established a number of years ago and was formed at a
special tax rate to pay for the backbone infrastructure to support the increased density in the
Platinum Triangle, emphasizing that every property in the Triangle paid a tax rate as established
by the CFD. This project would transfer density from commercial to residential and would not
have a significant impact on the CFD and she stated, staff did not contemplate any impact from
this development. She indicated there was a tax rate per square foot of commercial and a
different rate per dwelling unit and staff had considered impacts to the CFD and any
transportation or infrastructure concerns before making their decision.
Mayor Tait asked staff if they had analyzed the loss of retail space with Ms. Vander Dussen
replying that from conversations with different retail developers, they believed there was not
enough residential density in the Platinum Triangle now to sustain any significant amount of
retail development. In addition, she noted, retail generally followed when there were enough
residents to support retail uses. The Mayor then asked if there would be enough retail space
available once build -out occurred with Ms. Vander Dussen stating there was a significant
amount of retail development included in other development agreements. Furthermore, at this
time, staff was not finding any brokers or retailers expressing an interest in coming into smaller
spaces in the Platinum Triangle. To answer Mayor Tait's question, she was comfortable with
approval of this amended project. Council Member Eastman remarked she believed there
would be significant retail along Market Street as it was envisioned as a "main street" for this
area, offering a market, a pharmacy and other service uses once density was in place. Ms.
Vander Dussen concurred, stating the plans for Market Street had not changed. Ms. Eastman
asked if this project was originally identified as apartments or condominiums at some point in
City Council Minutes of October 21, 2014
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time, with Ms. Vander Dussen pointing out there was no tentative map on this project and
currently the only development allowed would be apartments.
Mayor Pro Tem Murray asked if these units were encumbered as part of the state allocation for
Regional Housing Needs Assessment with Mr. Borrego responding that they were included as
part of the city's allocation. Ms. Murray confirmed that the project was reviewed by Planning
Commission and staff prior to this meeting and that parking and retail components were
considered as part of the evaluation. In addition, Ms. Vander Dussen remarked the addendum
thoroughly reviewed the impacts of the additional residents versus the retail component of the
project.
Jonathan Borrego, responding to an earlier question, remarked the difference between parking
mandates for the city in general and the Platinum Triangle equated to .25 space per unit for two
bedroom units and .5 space for the one bedroom unit. Ms. Vander Dussen added the parking
standards were consistent throughout the Platinum Triangle although there were some projects
that the Planning Commission and Council allowed a different parking standard to be applied
because of the opportunity for mixed uses on the site to share parking, generally larger projects
than this one. She added no complaints had been received from residents within the Platinum
Triangle about parking needs nor had others complained about overflow parking.
Council Member Kring then moved to approve the following:
RESOLUTION NO. 2014 -190 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving
Addendum No. 3 to the previously - certified revised Platinum Triangle Expansion Project
Subsequent Environmental Impact Report No. 339 for the revised Platinum Triangle Expansion
Project, along with Mitigation Monitoring Program No. 316, and determining that said
Addendum, together with other previously- approved environmental documentation, serves as
the appropriate environmental documentation for proposed amendments to the General Plan,
the Platinum Triangle Master Land Use Plan, the Zoning Code, and an existing Development
Agreement with Platinum Vista Apartments, LP for the Platinum Vista Project. (General Plan
Amendment No. 2014 - 00495, Zoning Code Amendment No. 2014 - 00117, Miscellaneous Case
No. 2014 - 00593, and Development Agreement No. 2007- 00002D) (DEV2012- 00060B)(1015 —
1105 East Katella Avenue); and
RESOLUTION NO. 2014 -191 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
approving General Plan Amendment No. 2014 -00495 (DEV2012- 00060B)(1015 -1105 East
Katella Avenue); and
RESOLUTION NO. 2014 -192 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. 2014 - 00593) (DEV2012- 0006B) (1015 — 1105 East Katella Avenue);
and
To introduce ORDINANCE NO.6309 OF THE CITY OF ANAHEIM amending Table 20 -D
(Development Intensities: Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Section
18.20.040 (Development Districts) of Chapter 18.20 of Title 18 of the Anaheim Municipal Code;
and
To introduce ORDINANCE NO.6310 OF THE CITY OF ANAHEIM approving the Second
Amended and Restated Development Agreement No. 2007 -00002 (Development Agreement
City Council Minutes of October 21, 2014
Page 14 of 14
No. 2007- 00002D) by and between the City of Anaheim and Platinum Vista Apartments, L.P.
and authorizing the Mayor to execute said agreement for and on behalf of the City; seconded by
Council Member Eastman.
Roll CaII Vote: AYES — 5: (Mayor Tait and Council Members Brandman, Eastman, Kring and
Murray.) NOES — 0. Motion Carried.
REPORT ON CLOSED SESSION ACTIONS: None
COUNCIL COMMUNICATIONS:
Council Member Eastman announced the Fall Festival and Parade on October 25 and the
family - friendly events scheduled on that day and the upcoming neighborhood council meetings
in the West and South Districts. She spoke of Remote Area Medical's request to collaborate
with the City to expand the Annual Health Fair to a three day event and requested staff bring
this forward on November 18 for Council consideration.
Council Member Kring spoke of the City's partnership with Renewable Farms to develop a food
supply system for local non - profits and businesses, as well as the development of a youth
training and education program through an innovative agricultural program called Aquaponics.
She spoke of her attendance at the last performance of "Maple and Vine" at the Chance Theater
and announced the Veterans' Day celebration on November 8th
Mayor Pro Tem Murray spoke of the 13 MEU Thanksgiving fundraiser, congratulated the
organizers of the 9 Annual Anaheim Mariachi Festival for raising funds critical to RHYTHMO to
aid the local school district in providing quality musical education to children and the Muzeo
Gala, to provide for free arts education to Anaheim's students. She spoke of her attendance at
the CHOC walk fund - raiser alongside Adele Jauregui, the OC Family Justice Center Luncheon,
and offered her congratulations to the Anaheim Fall Festival Court and the US Women's
National Volleyball Team on their Gold Championship. She encouraged all residents to come
out and vote on November 4th
Council Member Brandman wished everyone a Happy Halloween.
Mayor Tait spoke of his attendance at the ribbon cutting of MaxLite, the grand opening of Saint
Justin Martyr School's new gymnasium, and Mrs. Adam's class at Walt Disney Elementary
School. He told of Canyon High School's Car Show and Thomas Edison School's Children
Giving Gifts program, the OC Family Justice Center Luncheon and the Anaheim Union High
School District's "Servicethon" on Martin Luther King Day. He encouraged residents to vote on
November 4th
ADJOURNMENT: At 7:59 P.M., with no further business to discuss, the meeting of October 21,
2014 was adjourned.
R•- spectfully submitted,
dip f I
Linda N. Andal, CMC
City Clerk