09/27/2016ANAHEIM CITY COUNCIL REGULAR AND REGULAR
ADJOURNED MEETING OF SEPTEMBER 27, 2016
The regular meeting of September 27, 2016 was called to order at 3:00 P.M. and adjourned to
3:30 P.M. for lack of a quorum. The regular adjourned meeting of September 27, 2016 was
called to order at 3:31 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 September 23, 2016.
PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Lucille Kring, Kris
Murray and James Vanderbilt.
STAFF PRESENT: City Manager Paul Emery, Acting City Attorney Kristin Pelletier, and City
Clerk Linda Andal.
ADDITIONS\DELETIONS TO CLOSED SESSION:
Kristin Pelletier, Acting City Attorney, reported Closed Session Item No. 3 related to a bad faith
action against an insurance carrier related to an accident that occurred outside of Juliette Low
Elementary School and Closed Session No. 5 related to a notice of violation issued to the City
by the Santa Ana Regional Water Quality Control Board related to storm water treatment control
at two private development projects.
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None.
CLOSED SESSION: At 3:33 P.M., Mayor Tait recessed to closed session for consideration of
the following items:
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Section 54957 (b) of the California Government Code)
Titles: City Manager and City Clerk
2. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representative: Jason Motsick
Titles: City Manager and City Clerk
3. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California
Government Code Section 54956.9: One potential case.
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Coalition of Anaheim Taxpayers for Economic Responsibility v. City of
Anaheim, Orange County Superior Court Case No. 30-2013-00695342
5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
California Government Code Section 54956.9: One potential case.
City Council Minutes of September 27, 2016
Page 2 of 20
6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Cristina Talley v. City of Anaheim, Case No. 30-2014-00751921-CU-
OE-CJC
At 5:17 P.M., the City Council session was reconvened.
INVOCATION: Pastor Mark McGrath, The Rock Community Church
FLAG SALUTE: Council Member Jordan Brandman
PRESENTATIONS: Recognizing Flag Day 2016 First Place Essay Contest Winners
Mayor Tait thanked Sally Feldhaus and her late husband, Frank Feldhaus. for creating this
opportunity 21 years ago to allow children to share their thoughts on what the flag meant to
them and thanked the volunteers and teachers who helped 37,000 students participate in the
program. He introduced Marie McFarland, Anaheim Flag Day Celebration committee member,
who announced the first place winners from each school that participated.
Acceptance of Other Recognitions (To be presented at a later date):
Proclaiming October 2016, as Domestic Violence Awareness Month
Lt. James Kazakos, Orange County Family Justice Center, explained the Center was
established in October 2006, marking its 10th anniversary, and was the only such center in
Orange County providing services to victims of domestic violence, child abuse, elder abuse,
adult dependent abuse, sexual assault, and missing persons in sex trades through
collaborations with the following partners: Child Protective Services, Adult Protective Services,
CAL Works, The Anaheim City Attorney's office, the Orange County District Attorney's office,
Chapman University Law Clinic, the Mexican Consulate, Human Options, CSP, Women's
Transitional Living Center.
Proclaiming October 2-8, 2016, as Public Power Week
Janet Lonneker, Assistant General Manager Electric Services, accepted the proclamation on
behalf of the Public Utilities Department, noted that over 2000 communities were celebrating
Public Power Week, and invited the public to learn more about how power is delivered locally to
homes and businesses at the Downtown Anaheim Farmers' Market on Thursday, October 6th
12-3 P.M.
Proclaiming October 3, 2016, as World Habitat Day
Proclaiming October 5, 2016, as World Teachers' Day
Angelica Barrios, Anaheim Elementary School District Teacher of the Year, thanked Council for
the recognition.
Proclaiming October 9-15, 2016, as Fire Prevention Week
Deputy Fire Chief Rusty Coffelt explained Fire Prevention Week was created to commemorate
the great Chicago Fire Conflagration in October 1871 and was the longest -running public health
City Council Minutes of September 27, 2016
Page 3 of 20
and safety observance on record. He thanked Council for the proclamation on behalf of the
Anaheim Fire & Rescue Department.
Proclaiming October 12, 2016, as Opening Day, National Hockey League
At 5:36 P.M., Mayor Tait called to order the Anaheim Housing Authority (in joint session with the
City Council).
ADDITIONS/DELETIONS TO THE AGENDA:
City Clerk Linda Andal reported Item No. 2 for the Anaheim Housing Authority was removed
from the agenda as it was inadvertently agendized as minutes from the Anaheim Public
Financing Authority which was not meeting on this date; Item No. 29 was withdrawn by the
appellant; and Item No. 26, the applicant, LT Global, submitted a request to continue to October
18, 2016. With no objections from Council, Item No. 26 was continued to October 18, 2016 and
reported items removed from the agenda.
PUBLIC COMMENTS (all agenda items, except the public hearings): Prior to receipt of
public comments, a brief decorum statement was provided by City Clerk Linda Andal.
Cecil Jordan Corkern read from the Bible and spoke about Star Wars.
Rich Knowland, LT Global Investments, reported they had submitted a letter requesting a
continuance until October 18, 2016 due to recent positive dialogue to resolve issues with
surrounding neighbors, including the Angels, and were excited to bring the project to Council
having met all requirements for the project.
Mark Daniels announced a candidate forum on Friday, September 301h at the Islamic Institute of
Orange County and encouraged all candidates and the public to attend.
R. Joshua Collins, Homeless Advocates for Christ, read from the Bible and offered his opinion
on the City's approach to homelessness and treatment of homeless individuals.
Bryan Kaye described his involvement in the community and his interactions with various police
officers.
Dr. Patricia Adelekan, Youth on the Move, Inc., announced the International Educators Hall of
Fame would be in Anaheim in 2016 and that local retired teacher Margaret Ware had been
inducted into that organization, joining over 600 educators from around the world. She provided
invitations to Council to the event.
Margaret Ware, resident, requested the City support the International Educators Hall of Fame to
recognize the work they do to encourage and support young students and honor and appreciate
teachers.
Patricia Henry, International Educators Hall of Fame board member, described the hard work
and efforts exerted by teachers to teach students and affect the future.
Brian Chuchua announced the International Educators Hall of Fame event would be held at the
River Arena on November 19, 2016 and encouraged the public to attend as well as to nominate
th
candidates for recognition by October 8
City Council Minutes of September 27, 2016
Page 4 of 20
Daniel Robbins offered his thoughts about public accountability and Mayor Pro Tem Kring's
votes regarding short-term rentals (STRs).
Jeanine Robbins disagreed with Council's actions at the dais and commented on previous STIR
votes.
Bob Donelson, resident, spoke to Item No. 24 and referred to the minutes of the June 29, 2016
special meeting regarding STRs where discussion and votes were recorded, refuting comments
made by Mayor Pro Tem Kring.
Mayor Pro Tem Kring responded regarding various resident meetings and tours she
attended regarding STRs.
Lou Noble read from the Bible, commented on the homeless population and the difficulties they
face, and requested the homeless shelter be expedited.
Jodie Mosley expressed her support for Item Nos. 1, 15, 16, and 25 to help West Anaheim and
requested the return of the farmers' market to Twila Reid Park under new management.
William Fitzgerald, Homeowners Maintaining our Environment, offered comments regarding the
rainbow flag and the current election.
Martin Lopez, UNITE HERE Local 11, stated his opposition to Item No. 26 because LT Global
Investment had not met with them to discuss union organization at the proposed hotel and
restaurants and requested community benefits, living wages, and local hiring provisions be
included in the project.
Jongsok Lee stated his concerns with the Beach Boulevard Specific Plan specifically as it
related to his East West Shopping Center on Beach Blvd. and the lack of police presence and
other benefits to the area.
Mayor Tait requested the City Manager follow up with Mr. Lee to find solutions to his
concerns and Council Member Brandman recommended Mr. Lee speak further during
the public hearing.
Vern Nelson, District 5, discussed charter provisions regarding the required number of votes to
enact an ordinance or resolution and offered his opinion that several recent votes did not meet
the criteria, submitting collateral material.
Luisa Lam provided comments regarding STR votes and related litigation.
Mike Robbins commented on Council Member Murray's comparison of Anaheim to Santa Ana.
Cynthia Ward apologized to Mayor Pro Tem Kring for her comments at the last meeting and
commented that the Conflict of Interest Policy did not require review but enforcement.
Pam Donelson commented on previous STIR votes.
Victoria Michaels offered her opinion that certain council members already entered the meetings
with their decisions made and questioned the amount of money spent on the current election by
certain political action committees.
City Council Minutes of September 27, 2016
Page 5 of 20
COUNCIL COMMUNICATIONS: None.
CITY MANAGER'S UPDATE:
Paul Emery, City Manager, reported Anaheim Elementary School District and Anaheim Union
High School District submitted a letter requesting Item No. 15 be postponed to provide
opportunity for discussion. Mr. Emery confirmed approval of the item would authorize
discussions and staff was available to answer any questions if the item is pulled from the
consent calendar for discussion.
At 6:50 P.M., Mayor Tait recessed the City Council to consider the Anaheim Housing Authority
agenda, reconvening at 7:08 P.M.
CONSENT CALENDAR: At 7:08 P.M., the consent calendar was considered with Mayor Tait
pulling Item Nos. 15 and 19 for further discussion.
MOTION: Council Member Brandman moved to waive reading in full of all ordinances and
resolutions and to adopt the balance of the consent calendar as presented, in accordance with
reports, certifications and recommendations furnished each city council member and as listed
on the consent calendar, seconded by Mayor Pro Tem Kring. ROLL CALL VOTE: AYES — 5:
(Mayor Tait and Council Members: Kring, Murray, Brandman, and Vanderbilt.) NOES — 0.
Motion Carried.
B105 3. Received and file minutes of Community Services Board meetings of July 14, 2016 and
September 9, 2016.
D175 4. Receive and file the City's response to the Anaheim Active Transportation Leadership
Institute's safety concerns that were discussed at the August 9, 2016 City Council
Meeting.
E150 5. Receive and file the Fair Political Practices Commission 2016 Local Agency Biennial
Notice advising that the city's Conflict of Interest Code is currently under review.
6. Approve recognitions to be presented at a later date recognizing the 40th Anniversary
D116 with Sister City Mito, Japan and Pastor Oonna Cassanova of Children's Ministries at
Anaheim First Church of the Nazarene for her contribution to the community.
D117 7 Approve the Investment Portfolio Report for August 2016.
D180 8. Accept the bids of AJ Kirkwood & Associates, Coastal Electric Group, Energy Solutions
and Services, Inc., Kourtis Industries LTD, Donald F. Holly & Son, Inc., and Academy
Electric, Inc., in the combined not to exceed amount of $211,000, for electrical repair and
maintenance services for various city facilities 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 #8743.
D180 9• Accept the bids of Verne's Plumbing, Inc., Pro -Craft Construction, Inc., and All American
Mechanical Contractors, Inc., in the combined not to exceed amount of $609,000, for
plumbing repair and maintenance services for various city facilities 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 #8744.
City Council Minutes of September 27, 2016
Page 6 of 20
10. Accept the bids of A & H Refrigeration, Inc. and First Response Air Conditioning
Heating, in the combined not to exceed amount of $312,000, for HVAC repair and
D180 maintenance services for various city facilities 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 #8742.
11. Determine, on the basis of the evidence submitted by Jefferson Platinum Triangle LLC,
that the property owner has complied in good faith with the terms and conditions of
AGR -3504.1 Development Agreement No. 2010-00004 for the 2015 review period for the
development of 771 residential units on a 14.6 -acre development site located at 1515
East Katella Avenue, 1781 South Campton and 1551 East Wright Circle.
12. Determine that the Fire Station No. 5 Project (Project) is categorically exempt from
further environmental review under the California Environmental Quality Act pursuant to
Section 15303(c), Class 3, Title 14 of the California Code of Regulations and the
AGR -10256 proposal submitted by Erickson -Hall is the most advantageous to the City, award the
Design -Build Services Agreement to Erickson -Hall, in the amount of $5,400,000, to
design and construct the Project , waiving any irregularities, authorize the Director of
Public Works to execute the agreement, in substantial form, and any other related
documents, and take the necessary actions to implement and administer the agreement,
and authorize the Director of Finance to execute the Escrow Agreement pertaining to
contract retentions in accordance with Public Contract Code Section 22300.
13. Approve an agreement with Geographics, in an amount not to exceed $75,000 per year,
to provide original graphic design and photographic services for the Community
AGR -10257 Services' activity guide, "Your Community/Tu Comunidad" and various promotional
materials for a one year term with two additional one-year terms and authorize the
Community Services Director, or designee, to exercise the renewal options.
14. Approve the Final Map and Subdivision Agreement of Tract No. 17920 with Olson Urban
AGR -8818.1 II Anaheim 4, LLC, for the development of 120 single family attached condominium units
located at 2337 and 2415 South Manchester Avenue.
16. RESOLUTION NO. 2016-185 A RESOLUTION OF THE CITY COUNCIL OF
D155 THE CITY OF ANAHEIM establishing a Beach Boulevard Economic Development
Initiative, and directing staff to establish the process to implement the initiative and
determining said action is exempt from the California Environmental Quality Act pursuant
to CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3) and not a project under
Section 15378.
D159 17. RESOLUTION NO. 2016-186 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM changing the name of 42nd Street to Mito Way.
P124 18. RESOLUTION NO. 2016-187 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. 12015, 12016, 12017, and 12018).
City Council Minutes of September 27, 2016
Page 7 of 20
20. ORDINANCE NO. 6380 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM adding Chapter 15.05 to Title 15 of the Anaheim Municipal
M142 Code pertaining to electric vehicle charging stations and determining that said ordinance
is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations (Introduced
at Council meeting of September 13, 2016, Item No. 30).
21. ORDINANCE NO. 6381 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM amending Table 120-B of Section 18.120.040
C420 (Uses) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1)
Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code
(Specific Plan Adjustment No. 2016-00068 to conditionally permit a church use in an
existing industrial office complex within the Anaheim Canyon Specific Plan area; 1300
North Kellogg Drive, Crosspointe Church).
22. ORDINANCE NO. 6382 (INTRODUCTION) AN ORDINANCE OF THE CITY
C280 COUNCIL OF CITY OF ANAHEIM amending various chapters of Title 18 of the Anaheim
C420 Municipal Code and Section 1.04.150 (Planning Department - Offices of Planning
Director and Chief Building Inspector) of Chapter 1.04 (Officers and Departments) of
Title 1 (Administration), and finding and determining that this ordinance is not subject to
the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) of the
State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable
indirect physical change in the environment and is not a project, as defined in Section
15378 of the CEQA Guidelines (Zoning Code Amendment No. 2016-00133) (Adjustment
No. 9 to the Disneyland Resort Specific Plan No. 92-1 (SP 92-1)) (Adjustment No. 8 to
the Anaheim Resort Specific Plan No. 92-1 (SP 92-2)) (DEV2016-00065) (Modify certain
development standards, permitted land uses, procedures and definitions contained in
the Zoning Code).
END OF CONSENT CALENDAR
D155 15. Authorize and direct the Community & Economic Development Director to negotiate the
form of a compensation agreement with affected taxing agencies consistent with the
proposed terms, providing funding for economic development within the Merged Project
Area, including the Beach Boulevard Economic Development Initiative.
Mayor Tait announced the City had received letters regarding this item from the Anaheim City
School District and the Anaheim Union High School District pertaining to this funding proposal
and believed the continuance should be granted as a courtesy to the other agencies. He
continued that he would appreciate their feedback before beginning negotiations to ensure no
harm would come to the districts through the complicated funding mechanisms.
MOTION: Mayor Tait moved to continue Item No. 15 to October 18, 2016, seconded by Council
Member Brandman.
DISCUSSION: In response to Council Member Murray, Community and Economic
Development Director John Woodhead confirmed this item would authorize staff to begin formal
discussions with the school districts and taxing agencies to review an economic development
program to help revitalize West Anaheim. He explained that brief, preliminary discussions had
been favorable and wished to continue to explore the program with Council's approval.
City Council Minutes of September 27, 2016
Page 8 of 20
Council Member Murray expressed her desire to move forward to provide staff Council's
authorization to have discussions with the school districts to give them information on this
possible program to help revitalize west Anaheim.
Mayor Tait reiterated his belief a one -meeting continuance should be granted as a courtesy to
those districts who submitted letters, with Council Member Murray repeating her request to vote
so staff could start the discussions.
Council Member Brandman, while understanding both perspectives, agreed with granting the
continuance to allow the district administration additional time to review due to large turnover of
staff since the dissolution of Redevelopment.
MOTION: Mayor Tait moved to continue Item No. 18 to the October 18, 2016, seconded by
Council Member Brandman. APPROVED VOTE: 5-0. Motion carried, item continued to
October 18, 2016.
19. Approve and authorize the Director of Public Works to execute Amendment No. 3 to
OCTA Agreement C-1-3115 regarding the roles and responsibilities of the City and the
Orange County Transportation Authority in connection with the Anaheim Rapid
AGR -5316.11.3 Connection Fixed -Guideway Project, including any future projects that are
recommended as a result of the Central Harbor Boulevard Transit Corridor Study.
RESOLUTION NO. 2016-188 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM requesting the Orange County Transportation Authority
(OCTA) evaluate Anaheim objectives in the Central Harbor Boulevard Transit Corridor
Study.
Mayor Tait announced he would bifurcate this item to vote separately on the proposed
amendment and the resolution.
Rudy Emami, Public Works Director, provided an update on the proposed actions for the
Anaheim Rapid Connection (ARC) project. As background, he explained the City and Orange
County Transportation Authority (OCTA) had worked collaboratively on the proposed ARC
project to provide residents, employees, and visitors an east -west transit connection between
ARTIC and major neighborhood employment and activity centers in the Platinum Triangle and
Anaheim Resort. This project envisioned an efficient, high-capacity system with ease of transfer
to the Metrolink commuter rail system, Amtrak, fixed bus routes, rapid bus transit, and future
high-speed rail services. Mr. Emami continued that environmental work and evaluation had
been underway, but since the ARC environmental work started, significant developments had
occurred with other projects led by OCTA in neighboring corridors that could affect the future
implementation of transit in this corridor including the Orange County street car, the Central
Harbor Blvd Transit Corridor Study, and a Countywide Transit Master Plan.
Mr. Emami reported that in May, the Orange County Grand Jury released a report called "Light
Rail: Is OC on the Right Track?" which evaluated OCTA work with respect to the Orange County
street car project and the Anaheim ARC project. The Grand Jury found initial successes were
significant for educating the public and providing future project momentum, describing the ARC
project and considering Anaheim to be on the right track. In light of the OCTA managing
different transportation projects in this corridor, the OCTA board determined a need for a more
regional perspective for planning transit extensions to current or planned systems, and as such,
reevaluated the roles provided in the cooperative agreement between OCTA and Anaheim for
ARC. On June 27, 2016, the OCTA board approved several actions including authorizing the
City Council Minutes of September 27, 2016
Page 9 of 20
OCTA CEO to negotiate an amendment to the cooperative agreement with the City to conclude
the city's analysis of the ARC project and to submit all planning working to OCTA to help inform
transit studies being managed by OCTA. The Board also affirmed its role as the lead agency
for any potential phases of ARC and directed OCTA staff to evaluate a transit connection
between the Anaheim Resort and ARTIC as part of the Central Harbor Boulevard Corridor
Transit Study with the intent to provide additional connections to the Orange County street car.
Mr. Emami continued that the item before Council was a proposed amendment to the
cooperative agreement with OCTA to conclude the City's lead role in preparing planning and
environmental activities for the ARC project. However, he added, per OCTA direction this
amendment did not provide any opportunities to identify objectives the City desired to be
addressed as part of the Harbor study, therefore staff had prepared a resolution that would
request OCTA address key Anaheim objectives as part of their Harbor study, analysis, and any
future transit options that may result including suggested route alignments and stops in the city,
design of platforms, level boarding, defined minimum hours of operation, and frequency and
identification of supplemental service needs during peak events. He concluded that OCTA was
also in the process of revising the Harbor Study schedule and scope to incorporate an analysis
of bus and street car alternatives between ARTIC and Resort and additional public outreach
would be provided as part of Harbor.
In response to Council Member Vanderbilt, Mr. Emami explained the entire system could be
either rubber tired or rail and would have two points where it met with Metrolink/Amtrak in
Fullerton and Santa Ana, with a possible third connection in Anaheim at ARTIC.
Mayor Tait reiterated his request from a prior meeting to send a clear signal to completely
terminate the ARC project, and that while this amendment seems to contemplate a future light
rail or streetcar from ARTIC to Harbor Blvd., he was supportive as it would terminate the
agreement with OCTA.
Council Member Murray thanked City and OCTA staff and board for working cooperatively on
the planning and engineering for this project and explained a return to central master planning
was more cost effective and efficient to allow for a seamless system that served the entire
county's mobility.
MOTION: Mayor Tait moved to approve Amendment No. 3 to OCTA Agreement C-1-3115
regarding the roles and responsibilities of the City and the Orange County Transportation
Authority in connection with the Anaheim Rapid Connection Fixed -Guideway Project, including
any future projects that are recommended as a result of the Central Harbor Boulevard Transit
Corridor Study, seconded by Mayor Pro Tem Kring. Approved Vote: 5-0. Motion carried.
Mayor Tait then stated his belief that the proposed resolution was not necessary and that the
street car was a waste of money with over $300 million for a 3 -mile run from ARTIC to
Disneyland and the Anaheim Convention Center. While he appreciated OCTA taking the lead
on solving transportation problems in the Harbor corridor, he did not want the City to continue to
relay concerns about getting people from ARTIC to the Disney Resort and Convention Center
but rather, to send a clear message to cancel the street car entirely.
MOTION: Mayor Tait moved to deny approval of the resolution, seconded by Council Member
Vanderbilt.
DISCUSSION: Council Member Murray voiced her opposition to the motion as the city is
turning over the planning of a future streetcar program which OCTA had already commenced in
Santa Ana and Garden Grove and also contemplates to extend through Anaheim. She
City Council Minutes of September 27, 2016
Page 10 of 20
continued this would build on years of good planning and an amended EIR that protects
individual private property rights along Harbor Blvd. and believed it prudent and appropriate to
adopt the resolution stipulating concerns and interests of the City.
Mayor Tait commented that the streetcar was originally considered and started when the high-
speed rail system was contemplated to terminate in Anaheim, which has not happened and
believed ridership numbers would not justify the congestion that a streetcar on Katella Avenue
would generate.
MOTION: Mayor Tait moved to deny RESOLUTION NO. A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ANAHEIM requesting the Orange County Transportation
Authority (OCTA) evaluate Anaheim objectives in the Central Harbor Boulevard Transit Corridor
Study, seconded by Council Member Vanderbilt. VOTE: 2-3 (AYES: Mayor Tait and Council
Member Vanderbilt; NOES: Mayor Pro Tem Kring and Council Members Murray and
Brandman). Motion failed.
MOTION: Council Member Murray moved to approve RESOLUTION NO. 2016-188 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM requesting the Orange
County Transportation Authority (OCTA) evaluate Anaheim objectives in the Central Harbor
Boulevard Transit Corridor Study, seconded by Mayor Pro Tem Kring. VOTE: 3-2 (AYES:
Mayor Pro Tem Kring and Council Members Murray and Brandman; NOES: Mayor Tait and
Council Member Vanderbilt. Motion carried.
23. Receive and file information regarding the hours of operation for the City's seven library
D150 branches and direct staff to take further action, as necessary.
Brent Dennis, Community Services Director, highlighted the re -opening of the Euclid and
Sunkist branch libraries on October 24th and 25th following a $1.5 million renovation. Audrey
Lujan, City Librarian, informed Council the Anaheim Public Library (APL) system consisted of
seven branches, Founders Park, the bookmobile, and ARTIC's books -on -the -go. She stated
that APL offered Sunday hours at the East Hills and Haskett branch libraries from 2006 to 2009,
which were eliminated during the recession, along with reduced hours at all branch libraries
including some Saturday hours. Over the past few years, Saturday hours had been added back
to the Canyon branch library and one morning hour was added to the Central Library, Monday
through Friday.
City Manager Paul Emery informed Council that during the annual budget process staff looked
at opportunities and challenges with respect to funding and were happy to receive direction from
Council for evaluation and prioritizations for the mid -year budget review and next year budget
creation.
In response to Mayor Tait, Ms. Lujan explained 15 of 34 libraries throughout Orange County
offer Sunday hours as well as libraries in Placentia and Fullerton. She reported Yorba Linda and
Buena Park did not offer any Sunday hours and Huntington Beach ceased their Sunday hours in
2010.
Council Member Brandman thanked staff for their efforts in providing library cards to all
Anaheim students, which he believed sparked an increased use of the library system. He
stated he had received requests from several Central District residents to have Sunday hours
and believed the Central Library to be the best place to start due to the requests and it being the
main library in the system.
City Council Minutes of September272016
Page 11 of 20
Ms. Lujan agreed to address all library priorities, including Sunday hours and others brought by
the Library Board, during the mid -year budget cycle and return to Council with a report.
Mayor Tait questioned what had been done traditionally in Anaheim, to which Ms. L'an
explained that the majority offeci|itieahodPWonday-Saturdayhounaofopenation. She advised
Sunday hours were available from 2UDG0o2OOB. Following studies oflibrary usage, amorning
hour had been restored to the Central Library rather than staying open later in the evening. Ms.
Lj@nstated that the library system had 1.5million users per year but that it was difficult to
estimate how that might increase with Sunday hours due to the differences in size between the
Central, Haskett, and East Hills libraries as well as whether the Sunday hours would be
programmed ornot. Mayor Tait stated Sunday hours atall libraries would bepreferred and
requested staff investigate where funding could be found to achieve that service level.
|nresponse toCouncil Member Vanderbilt, Ms. L 'ancnnfinnedtheprimaryfocuavvoamdding
Sunday hours as well as Saturday hours at branches not currently open on Saturday with
recommended hours for Sunday from 11aAM or 12pm to 5pm to cover the traditional family time
after church and before dinner. She explained the County had Sunday library hours of 9am-
5pm, but was not receiving much morning usage.
Council Member Brandman advocated starting at the Central Library to build on the rejuvenation
ofdowntown and provide anadditional amenity tofamilies inconjunction VviththePacbing
District, N1Vmeo. and Center Street Promenade.
MOTION: Council Member Brandman moved to receive and file the report and direct staff to
explore opening libraries on Sundays and return with a report during the mid -year budget
review, seconded byCouncil Member Murray. APPROVED VOTE: 5-O. Motion carried.
24. Receive information confirming the votes of the City Council regarding the ban of short
D1 16 term rentals and the homeless shelter.
City Clerk Linda Anda|,at the request of Mayor Pro Tern Kring. provided information about
Council's votes regarding the proposed homeless shelter as follows: City Council met on April
7' 2015 and May 5. 2015 and considered a resolution of support for Orange County's efforts to
develop 8year-round homeless emergency shelter and multi -service center for the north area nf
Orange County and a funding agreement committing $500,000 to support the shelter. Ms.
Anda/confirmed both items were approved unanimously, with the exception ofthe May 5th vote
mnthe agreement tpwhich Mayor Tait declared aconflict mfinterest.
Mayor Pro Tern Khngdiscussed her votes and previouscmm0ment related 0oShort Term
Rentals (STRs), reiterating her belief that while 18 months may be sufficient for some STR
owners to recoup their costs through amortization, it would not work for all owners. She stated
she had expressed support for a ban, but that amortization had not been discussed previous to
the June 28.2016 special meeting and she had never stated she would vote iOfavor of
amortization. She believed her concerns about some of the ordinance provisions were justified
bythe Mayor's comments that changes could bemade inthe future ifitems were not working
out and refuted public comments about her residency and honesty.
At8:0DP.M,the public hearings were considered.
City Council Minutes of September 27, 2016
Page 12 of 20
5:30 P.M. PUBLIC HEARING:
25. This is a public hearing pursuant to Government Code Section 52201, to approve a
Disposition and Development Agreement with Zelman Anaheim, LLC, for real property
generally located at Lincoln Avenue and Beach Boulevard for the development of a
commercial retail shopping center.
AGR -10258
Approve and authorize the Community and Economic Development Director to execute
and administer a Disposition and Development Agreement with Zelman Anaheim, LLC,
in substantial form, for the development of approximately 250,000 square foot
commercial retail shopping center and the conveyance of the site from the City to
Zelman Anaheim, LLC, in the amount of $16,098,207.97.
John Woodhead, Community and Economic Development Director, explained this public
hearing was the result of long-term efforts by the City, through the Redevelopment Agency
(RDA), since 2001 for acquisition, environmental remediation, and redevelopment of the former
landfills and obsolete properties at the northeast corner of Beach Boulevard and Lincoln
Avenue, an eyesore in west Anaheim that had earned the nicknames Sinkin' Lincoln and
Stinkin' Lincoln. He informed Council the development site was approximate 25 acres, 24 of
which were held in -fee and 1 acre held under a long-term ground lease. During the due
diligence of acquisition, RDA became aware of the extraordinary challenges in developing
former landfills and informally solicited proposals from a short list of developers with experience
developing similar sites. RDA entered into Exclusive Negotiation Agreement in 2001 and 2002
with Zelman Retail Partners (Zelman), the only interested developer. Those negotiations led to
the approval of a Disposition and Development Agreement (DDA) in October 2002 which was
amended and modified over the next 10 years. Under the DDA, Zelman has overseen on behalf
of RDA, the extensive remediation and preparation of the site required for development. Mr.
Woodhead continued that a number of events had thwarted the development of the site over the
years including a long regulatory approval process for the remedial action plan, commencement
and settlement of litigation, long remediation process, a lawsuit by a prospective tenant, and the
dissolution of Redevelopment. Recently, the approval of the long-range property management
plan by the Department of Finance on December 31, 2015 and the completion of the multi-
million dollar gas extraction and monitoring system have effectively allowed for the
commencement of development at the site.
Mr. Woodhead explained Zelman had continued to be vested in the project through oversight of
remediation, preparation of the site, marketing to prospective tenants, participating in the Beach
Blvd. Specific Plan process, and developing revised concept plans with community input. Staff
requested approval of a new DDA with Zelman Anaheim LLC to develop an approximately
250,000 square foot commercial retail shopping center to be anchored by one 100,000 square
foot large big -box retailer or three mid-size retailers of 35,000 square feet each. Mr. Woodhead
continued the major component of the new center would be a community paseo private street
lined with restaurants, eateries, retailers, walkways, outdoor dining and seating, water features,
public art, and plazas. The project would include a festival green—private, open space element
for customer use, and maintain a high level of architectural quality, landscaping, and
hardscaping improvements. As part of the public art component, the project would incorporate
the large sun icon donated to the City by the Disney Corporation through their renovation of
California Adventure. He continued that RDA had incurred costs over $25 million to acquire,
mediate, and prepare the site for development and that the project would incur additional
extraordinary costs due to pile -supported foundations, vapor barriers, and the ongoing operation
and maintenance of gas venting and water quality monitoring systems. Under the terms of the
DDA, the City would convey the site to Zelman for fair market value of a little over $16 million
City Council Minutes of September 27, 2016
Page 13 of 20
and would receive its shares of generated property and sales tax revenue, estimated to be
approximately $81,000 and $662,000, respectively, in the center's first year of operation.
Project costs were approximately $75 million and would generate 585-875 construction jobs and
600-900 full-time equivalent jobs with construction to commence within 18 -months following site
design finalization and pre -development activities.
In response to Council Member Vanderbilt, Mr. Woodhead explained the conceptual design was
a reasonable expectation of what would be developed on the site and would include a highly -
pedestrian flavor.
Mayor Tait opened the public hearing.
William Fitzgerald offered his thoughts that the land would be better utilized as a park in west
Anaheim and questioned the sales price at approximately $640,000 per acre while the City was
purchasing property on the opposite corner for approximately $3.5 million per acre, citing
previous information that the site would be worth around $50 million following the $25 million
clean-up costs.
Esther Wallace described the efforts of west Anaheim residents and community groups to solve
problems to better their community and expressed support for the project to bring much-needed
shopping opportunities back to Anaheim.
Jodie Mosley expressed the desire of west Anaheim residents to have shopping, breweries,
coffee houses, and entertainment and looked forward to the opening of the Westgate center.
Bobby Donelson requested clarification of the differing sales and purchase prices per acre of
the two east corners of Beach Boulevard and Lincoln Avenue and questioned whether the
construction of the Westgate center was guaranteed.
Mark Daniels was glad to see the project come to fruition to bring life back to the area.
Larry Larsen questioned whether a library would be included in the center.
With no further comments offered, Mayor Tait closed the public hearing.
DISCUSSION: Addressing the public comments received, Mayor Tait explained the difference
in per -acre costs were attributable to the south property being developed with existing
commercial uses which incurred greater property value than a vacant lot that used to be a
landfill and required greater development costs due to instability and remediation requirements.
He continued that in the current real estate market, retail use was worth less than high-density
residential. Mr. Woodhead confirmed Mayor Tait's comments, noting the pile -supported
foundations down to 100 feet, necessary contamination -deterrents, and on-going
extraction/monitoring activities added to the costs to develop the northeast corner site. He
continued that a settlement between the City and Orange County required certain deed
restrictions on the property that regulated what types of uses could be on the site and an active
park and residential use were prohibited due to the need to cap the landfill and allow the site to
breathe.
In response to Mayor Tait, Mr. Woodhead explained the central area may not be turf but would
include green elements the help create energy and a sense of place needed and requested by
west Anaheim. In addition, through the DDA the City retains control over site plan approvals
and over the number of uses that are ultimately there and disallows flipping to another party for
City Council Minutes of September 27, 2016
Page 14 of 20
building apartments. Mr. Woodhead announced the sales price of $16 million was at the upper
end of the appraisal conducted by an independent appraiser.
Council Member Murray thanked the Mayor for highlighting the differences in the two properties
and thanked the developer for the plans for the property as part of the comprehensive strategy
to revitalize west Anaheim.
MOTION: Council Member Murray moved to approve a Disposition and Development
Agreement with Zelman Anaheim, LLC, for real property generally located at Lincoln Avenue
and Beach Boulevard for the development of a commercial retail shopping center, seconded by
Mayor Pro Tem Kring. APPROVED VOTE: 5-0. Motion carried.
26. ADDENDUM NO. 6 TO FINAL SUBSEQUENT EIR NO. 339 AND MITIGATION
MONITORING PLAN NO. 334
C330 GENERAL PLAN AMENDMENT NO. 2015-00504
C410 DEVELOPMENT AGREEMENT NO. 2015-00001
CONDITIONAL USE PERMIT NO. 2015-05806
ZONING CODE AMENDMENT NO. 2015-00128
MISCELLANEOUS CASE NO. 2016-00631
TENTATIVE TRACT MAP NO. 17918
(DEVELOPMENT PROJECT NO. 2015-00024)
APPLICANT: Randy Jefferson, LT Global Investments, 350 South Grand Avenue, Suite
3950, Los Angeles, CA 90071
LOCATION: The subject property is commonly known as 2040 South State College
Boulevard and consists of approximately 14.8 -acres located at the northeast corner of
State College Boulevard and Orangewood Avenue in an area of the City of Anaheim
known as the Platinum Triangle.
REQUEST: ADDENDUM NO. 6 TO FINAL SUBESEQUENT EIR NO. 339 AND
MITIGATION MONITORING PLAN NO. 334 The City Council will determine whether an
addendum to the previously certified Platinum Triangle Expansion Project Subsequent
Environmental Impact Report No. 339 for the Revised Platinum Triangle Expansion
Project, along with Mitigation Monitoring Plan No. 334, together with other previously -
approved environmental documentation, serves as the appropriate environmental
documentation for the following requests:
GPA2015-00504 Request to amend the General Plan to revise Table LU -4 of the Land
Use Element to modify the density provisions for properties within the Platinum Triangle
area, designated for mixed-use land use, to reduce the maximum number of dwelling
units from 19,027 to 17,348 dwelling units; to increase the maximum square feet of
commercial space from 4,735,111 to 4,782,243 square feet; and, to reduce the
maximum of amount of office space from 9,652,747 to 9,180,747 square feet. In
addition, a modification to the Land Use Plan (Figure LU -4), Existing and Planned
Bicycle Facilities (Figure C-5) and Green Plan (Figure G5) of the Anaheim General Plan
is required in order to remove the designation of a public park on the Project Site.
DAG2015-00002 Request to approve a Development Agreement between the City of
Anaheim and LTG Platinum LLG to provide for the development of a Master Site Plan for
a mixed-use community of up to 405 residential units, 433,000 gross square feet of
commercial uses, a 200 -room hotel (previously published at 215), and 77,000 gross
square feet of office. The development agreement includes a Master Site Plan that
provides the framework for the development of the site.
CUP2015-05806 Request to approve the sale and service of alcoholic beverages for
on-site consumption for 21 restaurants, including two Brew -Pubs (as defined by the
California State Department of Alcohol Beverage Control), and the sale of alcoholic
City Council Minutes of September 27, 2016
Page 15 of 20
beverages for off-site consumption for one market.
ZCA2015-00128 Request a zoning code amendment to allow a conversion and transfer
of unused development intensity from the Gateway, Gene Autry, Katella, and
Orangewood Districts to the Stadium District. In addition, the overall allowable residential
units and office square footage within the Platinum Triangle would be reduced and the
allowable commercial square footage would be slightly increased.
MIS2015-00621 Request to amend the Platinum Triangle Master Land Use Plan
(PTMLUP) to revise the district boundaries for the Stadium and Gateway Districts, allow
a reduction, conversion, and transfer of unused development intensity from the
Gateway, Gene Autry, Katella, and Orangewood Districts to the Stadium District, and
modify the park and street locations consistent with the Proposed Project.
SUBTM17918 Request to approve Tentative Tract Map No. 17918 to subdivide the site
into two parcels that correspond with the two Development Areas shown on the
proposed Master Site Plan for the project.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended City Council approval of Addendum No. 6 to Final Subsequent EIR No.
339 and Mitigation Monitoring Plan No. 334, General Plan Amendment No. 2015-00504,
Development Agreement No. 2015-00001, Conditional Use Permit No. 2015-05806,
Zoning Code Amendment No. 2015-00128, Miscellaneous Case No. 2016-00631, and
Tentative Tract Map No. 17918 (Resolution Nos. PC2016-069, PC2016-070, PC2016-
071, PC2016-072, PC2016-073, PC2016-074 and PC2016-075) (Planning Commission
Meeting of August 22, 2016) VOTE: 4-0 (Chairman Caldwell and Commissioners
Henninger, Lieberman and Seymour voted yes. Commissioners Bostwick and Dalati
were absent.)
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving and adopting Addendum No. 6 to the Previously -
Certified Revised Platinum Triangle Expansion Project Subsequent Environmental
Impact Report No. 339 for the Revised Platinum Triangle Expansion Project, along with
Mitigation Monitoring Plan No. 334, and determining that said addendum, together with
other previously -approved environmental documentation, serves as the appropriate
environmental documentation for proposed amendments to the General Plan, the
Platinum Triangle Master Land Use Plan, and for a new Tentative Tract Map,
Conditional Use Permit and a Development Agreement with LTG Platinum LLC for the
LT Platinum Center Project (General Plan Amendment No. 2015-00504, Development
Agreement No. 2015-00001, Conditional Use Permit No. 2015-05806, Zoning Code
Amendment No. 2015-00128, Miscellaneous Case No. 2016-00631, Tentative Tract Map
No. 17918) (DEV2015-00024).
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving and adopting General Plan Amendment No. 2015-
00504 (General Plan Amendment No. 2015-00504) (DEV2015-00024).
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving and adopting an amendment to the Platinum
Triangle Master Land Use Plan for the LT Platinum Center Project (Miscellaneous Case
No. 2016-00631) (DEV2015-00024).
ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE
CITY COUNCIL OF CITY OF ANAHEIM amending certain sections of Chapter 18.20
(Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim
Municipal Code (Zoning Code Amendment No. 2015-00128) (DEV2015-00024).
City Council Minutes of September 27, 2016
Page 16 of 20
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving and adopting Conditional Use Permit No. 2015-
05806 for multiple alcoholic beverage control licenses for On Sale Beer & Wine — Eating
Place, On Sale General — Eating Place, On Sale General — Brewpub, and Off Sale Beer
& Wine/General for the LT Platinum Center Project (Conditional Use Permit No. 2015-
05806) (DEV2015-00024).
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving Tentative Tract Map No. 17918 for the LT Platinum
Center Project (Tentative Tract Map No. 17918) (DEV2015-00024).
ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE
CITY COUNCIL OF CITY OF ANAHEIM approving that certain Development Agreement
No. 2015-00001 by and between the City Of Anaheim and LTG Platinum LLC and
authorizing the Mayor to execute said agreement for and on behalf of the City
(DEV2015-00024).
MOTION: Mayor Tait moved to continue Public Hearing Item No. 26 to October 18, 2016 at the
request of the applicant, seconded by Mayor Pro Tem Kring. APPROVED VOTE: 5-0. Item
continued to October 18, 2016.
27. This is a public hearing to consider the termination of A Taxi Cab Company's
nonexclusive taxi franchise due to the company's failure to comply with the terms of the
F130.2 franchise (50 taxicab permits).
Terminate A Taxi Cab Company's Nonexclusive Taxi Franchise due to the company's
failure to comply with the terms of the franchise.
David Belmer, Planning and Building Director, explained the taxicab industry was regulated
pursuant to state law, with the Orange County Taxi Authority Program (OCTAP), regulating the
taxi industry in Orange County. He continued that taxis play an important role in how guests are
transported as they visit Anaheim's tourist -oriented venues and businesses and the City
currently has three taxi franchises. Mr. Belmer stated the City had received notification from
OCTAP in April 2016 that one of the three franchises, A Taxi Cab, was apparently no longer
operating, their dispatch system and telephone had been disconnected, the company was not
complying with or paying franchise fees, and had notified OCTAP they were no longer carrying
required insurance. On that basis, the City provided A Taxi a notice of intent to terminate their
franchise agreement to which the city received no response. The City followed up with a written
notice of intent to hold a public hearing to terminate their franchise, to which no correspondence
was received from A Taxi. Pursuant to AMC 473.100.030, the City Council has the authority to
terminate a franchise if there is a preponderance of evidence that the terms of the franchise
agreement were not being performed. Staff believes such factors have been clearly met and
recommends the termination of the franchise agreement with A Taxi Cab.
Mayor Tait opened the public hearing.
William Fitzgerald offered comments related to an alleged relationship between the Disney
Corporation and certain taxi franchisees and comments unrelated to the public hearing
regarding the current election. He continued to discuss the court case brought by 24/7 Taxi
Company regarding the taxi franchise agreements.
City Council Minutes of September 27, 2016
Page 17 of 20
Larry Slagle, Yellow Cab of Greater Orange County, stated this item was unrelated to their
franchise but for a separate franchise holder who went out of business.
With no further comments offered, Mayor Tait closed the public hearing.
DISCUSSION: In response to Mayor Tait, Community Preservation Manager Sandra Sagert
confirmed that notice had been hand -delivered to A Taxi but the location was vacant and staff
had verified that the dispatch system was disabled.
MOTION: Mayor Pro Tem Kring moved to terminate A Taxi Cab Company's Nonexclusive Taxi
Franchise due to the company's failure to comply with the terms of the franchise, seconded by
Council Member Murray. APPROVED VOTE: 5-0. Motion carried.
28. This is a re -hearing to receive the Taxi Advisory Committee report and consider
ordinances of non-exclusive franchises for the operation of two hundred and fifty-five
F130.2 (255) taxicabs within the City.
Accept the Taxi Advisory Committee recommendations based on a re-evaluation and re -
scoring of previously submitted proposals for taxi services in the City.
ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE
CITY OF ANAHEIM granting a non-exclusive franchise to Yellow Cab Company of
Northern Orange County, Inc. dba Yellow Cab of Greater Orange County, for the
purpose of operating taxicab service in the City of Anaheim; and stating the term and
conditions upon which said franchise is granted (180 taxicab permits).
ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE
CITY OF ANAHEIM granting a non-exclusive franchise to Cabco, Inc. dba California
Yellow Cab, for the purpose of operating taxicab service in the City of Anaheim; and
stating the term and conditions upon which said franchise is granted (75 taxicab
permits).
David Belmer, Planning and Building Director, described the background of this item, as follows:
Until the approval of the previous item, the City had three taxi franchise holders as awarded
through a competitive RFP process in March 2012 wherein the City received four proposals
which were reviewed by the Taxi Advisory Committee (TAC). In May 2012, the TAC submitted
its recommendations and rankings to the City Council for consideration. The rankings and
scores (out of 100) were: 1) Yellow Cab of Greater Orange County, 90.5 points; 2) California
Yellow Cab, 85.5 points; 3) A Taxi Cab, 78.75 points; and 4) 24/7 Taxi Company, 62.25 points.
The City Council held a public hearing and awarded franchises to the top three ranked
companies. Subsequent to a request for rehearing submitted by California Yellow Cab, the City
Council conducted a re -hearing on June 19, 2012 and awarded 50 permits to California Yellow
Cab, 155 permits to Yellow Cab of Greater Orange County, and 50 permits to A Taxi Cab, for a
total of 255 permits as determined by an independent study. Following approval of the
ordinances granting the franchises, 24/7 Taxi Cab filed a lawsuit alleging the additional
information provided by the four companies during the re -hearing should have been reviewed by
the TAC in addition to staff. This case was heard by the court in April 2016 with the court
finding the City should have held a de novo hearing as required by the AMC with the TAC
reviewing the original submittals and the additional information in its entirety and setting aside
on a temporary basis the existing franchises until such a rehearing could be held.
City Council Minutes of September 27, 2016
Page 18 of 20
Mr. Belmer continued that the TAC had been reassembled and reviewed the original 2012
submittals and additional information using the same criteria identified in the original RFP.
While some modifications in scoring occurred (Yellow Cab of Greater Orange County, 90 points;
California Yellow Cab, 85 points; A Taxi, 78.75 points; and 24/7 Taxi Company, 66.6 points), the
overall rankings of the four companies remained the same with the re-evaluation process
revealing a greater differential between the top two and bottom two companies. The TAC
concluded the top two companies distinguished themselves through the re-evaluation and re -
scoring process and recommended they be the only two companies awarded permits. The TAC
found the bottom two companies to have not consistently, competently, or adequately
demonstrated they could meet all City requirements of the franchise. Regarding 24/7 Taxi Cab,
the TAC noted specific areas of concern including management experience, span of control
issues, a lack of management services specifically dedicated to managing Anaheim's franchise,
the size of physical facilities, a lack of information regarding on-call logs, and a lack of
information on how the accessibility of fleets would be provided and achieved. Mr. Belmer
stated the TAC report had been provided to Council and made available to the public, and
based on the review and rescoring, recommended the 50 permits vacated by A Taxi be equally
divided between Yellow Cab of Greater Orange County (total 180 permits) and California Yellow
Cab (total 75 permits). He concluded his presentation by informing Council of legislation on the
Governor's desk for signature that would significantly change taxi regulation in light of the
creation of services such as Uber and Lyft, but that until any such legislation became effective
the City needed to retain its franchises and comply with the court order to re -score and re-
evaluate the current franchise. Staff recommended Council adopt the TAC recommendations
and introduce two ordinances granting franchises and permits.
Mayor Tait opened the Public Hearing.
Tim Conlon, President and General Manager for California Yellow Cab, believed Council had an
opportunity to correct what he saw as an unfair distribution of permits with the other franchisee
receiving 70% of available permits, despite only a five -point scoring difference, and requested
Council award all 50 available franchise permits from A Taxi to California Yellow Cab.
Konstantinos Roditis, American Ground Transportation dba 24/7 Yellow Cab, submitted a letter
and informed Council that he had received a copy of the TAC report via email at 3:30 P.M. that
afternoon rather than it being provided as part of the agenda report, claiming such action to be
in violation with the AMC, the original RFP provisions, the Brown Act as well as hampering his
ability to present on the report.
Larry Slagle, Vice President Yellow Cab of Greater Orange County, stated his family business
had started in Anaheim in 1945 and operated for over 60 years with its original permits and then
through the franchise process. He explained that when the franchise process was initiated,
Yellow Cab of Greater Orange County already had 125 permits so he believed it did not make
sense to remove permits from the top scorer through the process, which was why their company
had been awarded a greater number of permits. He enumerated their involvement in various
city organizations and higher levels of service provided by his company, stating his support of
the TAC and staff recommendations for permit allocation.
William Fitzgerald questioned potential conflicts of interests by the franchisees and why
information was not reviewed prior to the bankruptcy of one franchise holder.
With no further comments offered, Mayor Tait closed public comments.
City Council Minutes of September 27, 2016
Page 19 of 20
DISCUSSION: In response to Council Member Brandman's request to address the alleged
Brown Act violation, Acting City Attorney Kristin Pelletier explained that while the agenda was
required to be posted 72 hours in advance of a meeting, the government code specifically
allowed for the distribution of materials prior to the hearing as long as any such documents were
immediately made available to the public, which is accomplished through a binder in the City
Clerk's office. Acknowledging Council had the authority to continue the item, she concluded no
Brown Act violation had occurred. She continued that a hearing with the court to review the
City's compliance was scheduled prior to the next Council meeting, but that if Council chose to
continue the item her office would contact the court to request rescheduling of the hearing.
MOTION: Council Member Brandman moved to continue Item No. 28, a re -hearing to receive
the Taxi Advisory Committee report and consider ordinances of non-exclusive franchises for the
operation of two hundred and fifty-five (255) taxicabs within the City to October 18, 2016,
seconded by Mayor Tait. APPROVED VOTE: 5-0. Item No. 28 continued to October 18, 2016.
29. Item No. 29 was withdrawn at the request of the appellant. (continued from the Council
meeting of August 30, 2016, Item No. 37). No action was taken by Council.
C220 CONDITIONAL USE PERMIT NO. 2010-05486F (DEV2009-00083F)
CEQA CATEGORICAL EXEMPTION CLASS 1
OWNER: P.A. Poon and Son, Inc., Daniel Untalan, 18862 Beach Blvd., Suite 103,
Huntington Beach, CA 92648
APPLICANT: Musa Madain, 2232 S. Harbor Blvd, Anaheim CA 92804
LOCATION: 2232 South Harbor Boulevard
REQUEST: As part of the six-month compliance review of a conditional use permit for
M3Live Anaheim Event Center, which is an existing theater, restaurant, and banquet
facility, the applicant requests to (1) amend the subject conditional use permit to allow
public parking when the venue is not in use; and (2) amend the conditions of approval
pertaining to operations, including the permitted hours of operation.
Environmental Determination: The City Council will consider whether to find the
project to be Categorically Exempt from the provisions of the California Environmental
Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption
ACTION TAKEN BY THE PLANNING COMMISSION:
The Planning Commission approved the subject conditional use permit amendment
request, in part. The action consisted approving the following: (1) deletion of a six-month
review requirement, (2) allowing public parking when the venue is not in use, (3) hours of
operation until 2 a.m. on New Year's Eve, (4) concurrent use of the theater and main
dining room for banquets, (5) amending a condition pertaining to patrons parking on-site,
and (6) amending a condition to clarify that a public hearing is required to revoke the
permit. The Commission denied portions of the request pertaining to (1) later hours for
the banquets, (2) more time to clear the property of guests, (3) removal of a condition
pertaining to tables and table covers for sound absorption, and (4) earlier operating
hours on Sundays for religious events. Approved Vote: 5-1; Commissioners Bostwick,
Dalati, Henninger, Ramirez and Seymour voted yes. Chair Lieberman voted no.
Commissioner Caldwell was absent. (Resolution No. PC2016-056) (Planning
Commission meeting of June 27, 2016) (Appealed by applicant, Musa Madain).
REPORT ON CLOSED SESSION ACTIONS:
Kristin Pelletier, Acting City Attorney, reported Council authorized the city to initiate litigation,
Closed Session Item No. 3. She stated once litigation was formally commenced the action, the
defendants and other particulars would be disclosed to any party upon inquiry.
City Council Minutes of September 27, 2016
Page 20 of 20
COUNCIL COMMUNICATIONS:
Mayor Pro Tem Kring expressed her condolences to the family of Fire Engineer Ryan Osler,
Ventura County Fire Department and requested the meeting adjourn in memory of Ryan Osler,
Arnold Palmer and Shimon Peres, former Israeli Prime Minister. She spoke of a routine traffic
stop in which K-9 Officer Ivan alerted Narcotics of 16 kilos of cocaine in hidden compartments in
the vehicle. She requested staff provide a report regarding increased fees imposed on
streaming video providers as was done in the City of Pasadena, expressing her disagreement.
Council Member Vanderbilt thanked the Community Services Department for their efforts at the
two ribbon cutting ceremonies at Schweitzer Park and Twila Reid Park.
Council Member Murray announced the Fall Festival and Halloween Parade and highlighted
early voting at the City Clerk's Office beginning October 29 through November 7, including city
hall serving as a precinct location on Election Day, November 8.
Council Member Brandman announced the Orange County Register's move to Anaheim in the
Platinum Triangle. He requested a report at the meeting of October 18 regarding the status of
City parks and announced the 60th Anniversary of the Anaheim RV Park on October 8th and the
YWCA Halloween Costume Cocktail Party on October 13. He wished those who celebrate the
Jewish New Year, a Happy Rosh Hashana and Good Yom Kippur.
Mayor Tait highlighted the Beach Blvd. development initiative and stated he has been working
with the Mayors of the Beach Blvd cities to create a sense of place and excitement, such as
mile markers from the beach and a possible half marathon from Knott's Berry Farm to
Huntington Beach.
ADJOURNMENT:
With no further business before the City Council and with no objections, Mayor Tait adjourned
the September 27, 2016 meeting in memory of Ryan Osler, Arnold Palmer, and Shimon Peres.
�s ectfully submitted,
Linda N. Andal, CMC
City Clerk