11/22/2016ANAHEIM CIN COUNCIL REGULAR
MEETING OF NOVEMBER 22, 2076
The regular meeting of November 22, 2016 was called to order at 3:05 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 November 18, 2016.
PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Lucille Kring, Kris
Murray and James Vanderbilt.
STAFF PRESENT: City Manager Paul Emery, Interim City Attorney Arturo Fierro and City
Clerk Linda Andal.
ADDITIONSIDELETIONS TO CLOSED SESSION:
Arturo Fierro, Interim City Attorney, reported Item No. 4 was related to an open session item
regarding an appeal of a Planning Commission decision.
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
At 3:07 P.M., City Council adjourned 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: Estate of Manuel Diaz; Genevieve Huizar, an individual, Plaintiffs -
Appellants, v. City of Anaheim, a California municipal entity; Nick Bennallack, Officer,
Defendants -Appellees., 9th Cir. Case No. 14-55644
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Michael W. Moore, et al., v. Flatiron West, Inc. and City of Anaheim, et
al., Orange County Superior Court Case No. 30-2013-00683680
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Talmadge Price, et al. v. City of Anaheim, et al., Orange County
Superior Court, Civil Complex Center Case No. 30-2016-00869305-CU-WM-CXC
4. 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.
5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Section 54957 (b) of the California Government Code)
Title: City Manager
City Council Minutes of November 22, 2016
Page 2 of 22
6. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representative: Jason Motsick
Name of Employee Organizations: City Manager
At 5:13 P.M., the council session was reconvened.
INVOCATION: Pastor Mark Bove, Calvary Chapel Anaheim
FLAG SALUTE: Council Member Jordan Brandman
PRESENTATION: Recognizing the Miss Anaheim Fall Festival Scholarship 2016-2017
Recipients
Mayor Tait recognized Debbie Herman, Miss Anaheim Fall Festival Program Director, who
introduced the 2016-2017 scholarship, noting their many hours of volunteer efforts with
community groups and events, and thanked City Council for their support.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Proclaiming November 26, 2016, as Small Business Saturday
Victoria Michaels accepted the proclamation on behalf of the Anaheim Small Business
Organization (ASBO).
Proclaiming December 2016, as Impaired Driving Prevention Month
Proclaiming December 1, 2016, as World AIDS Day
Proclaiming December 7, 2016, as Pearl Harbor Day
Proclaiming December 10, 2016, as Human Rights Day
At 5:22 P.M. the Anaheim Public Financing Authority was called to order (in joint session with
the Anaheim City Council).
ADDITIONS/DELETIONS TO THE AGENDA: None
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, read from the Bible and offered comments
related to Disneyland and police sting operations.
R. Joshua Collins, Homeless Advocates for Christ, read from the Bible and offered his views on
Council actions toward the homeless.
William Fitzgerald, Anaheim H.O.M.E., offered comments related to the recent election and
various candidates.
Mayor Tait explained that while decorum was requested, the microphone was privileged
and slanderous and false statements could be made.
City Council Minutes of November 22, 2016
Page 3 of 22
Adam Millar, General Manager, City National Grove of Anaheim, spoke to Item No. 17 and
described their partnership with the City operating the Grove, resulting in profit sharing and
parking lease payments over $7.4 million, production of over 3,000 events, and serving over 2.2
million guests. He continued that they looked forward to providing further input on efforts to
support the arts and a performing arts center to complement their support of the City and its
tourism industry through their current operation of the Grove.
Hannah Dunton thanked military men and women for their sacrifices and played a recorded
song, "God Bless the U.S.A."
John Dunton acknowledged Community Services Director Brent Dennis, highlighted the Mayor's
Prayer Breakfast, and offered supportive comments on City efforts regarding the homeless.
Mark Daniels thanked Council Member Brandman for his service to the City and requested
Council stop the Lincoln Avenue widening project due to its potential impacts on traffic, Anaheim
High School, St. Boniface, and Visser's Florist.
Lou Noble read a scripture and asked Council to repeal the ordinance regarding camping.
Denise Barnes requested Council table Item No. 17 to allow the newly -elected Council
Members the ability to review that item.
Leocadio White spoke to Item No. 35 regarding massage businesses and providing examples of
business that did not follow regulations, such as human trafficking and payroll issues and the
direct effect of unfair competition to business that followed regulations, such as her employer.
Zhu Zhong (Lisa), Relax Massage, described her difficulty hiring employees due to tax and
licensing requirements and encouraged regulations for professional massage establishments.
Marcia Garten explained potential impacts of the proposed $10 million Lincoln Avenue
expansion project on Anaheim High School, Visser's, and St. Boniface and questioned the use
of 2035 traffic projections based on experiences with a previous project on Broadway. She
further suggested handouts and the opportunity for questions be provided at future community
meetings.
Mayor Tait informed everyone there was a sign-up sheet in the lobby for more
information on the Lincoln widening project.
Jayne Becker expressed her disappointment with the Lincoln Avenue widening project, the
limited notification of meetings, and lack of a pedestrian study and stated mailed notices should
have been distributed to a wider geographic area.
Mayor Tait asked staff to list community meetings on the City's website as well as
ensuring the school, church, and florist were notified and could distribute notifications as
well.
Jose Moreno, District 3, thanked Council Member Brandman for his service to the City,
welcomed Interim City Attorney Fierro, thanked City Clerk Linda Andal for managing the
transition to district elections, congratulated Council Member Kring on her re-election, thanked
the community and voters for their engagement, and requested Council table Item No. 17 to
allow for more discussion and transparency regarding a potential cultural arts district.
City Council Minutes of November 22, 2016
Page 4 of 22
Jesus Fernandez, regarding Item No. 27, expressed concerns with 24 hour permit parking,
citing elderly families with children and caregivers who need to visit and care for them and a
lack of driveways in the neighborhood. He requested permit parking 6 P.M. to 6 A.M. rather
than 24 hours or only midnight to 6 A.M.
Mayor Tait referred Mr. Fernandez to the City Manager and Public Works Director to set
a separate meeting to learn more about the issues being faced and suggested tabling
Item No. 27 until after such meeting occurred.
Dorothy Rose, Orange County Symphony Executive Director, announced their hiring of a new
conductor for the symphony, described their efforts to provide music education in the schools,
and invited all to attend their holiday concert on December 4, 2016 at the Anaheim Center for
the Performing Arts at Servite High School.
Paula Schlue requested approval of Item No. 35, citing the need to better the massage industry
in the city.
Donna Acevedo -Nelson addressed officer -involved shootings and the Public Safety Board
(PSB), requesting policy changes and better training for police officers.
Vern Nelson requested Council cancel the Lincoln Avenue widening project and offered
alternatives and addressed police oversight, accountability, and changes in police policies.
Bill Dalati congratulated the Council Members on their (re)election and offered thanks to Council
Member Brandman for his years of service. He requested the Council work with Orange County
and the City of Anaheim to address the homeless challenges, questioning why the County was
holding $90 million, and express his support of the performing arts center.
Victoria Michaels thanked Public Works Director Rudy Emami for visiting her street and for the
subsequent maintenance and repairs, asked the City to address rolled advertising delivered to
properties, and requested "No Event Parking" signs on the 700 blocks of Dickel and Clementine
Streets during events at Glover Stadium.
Jay Burress, Visit Anaheim, supported the development of a performing arts center for
Anaheim's residents and visitors and thanked Council Member Brandman for his service and
partnership.
Bryan Kaye described his experiences with police officers and city attorneys, requested a
moment of silence for lives lost in officer -involved incidents, and thanked Council for being
attentive during public comments.
Sandra Angel stated she generally agreed with the Lincoln Avenue widening project (East to
Evergreen), however questioned the noticing process as she only received her mailed notice
late the day of the meeting and expressed concern with attendance at the meeting due to lack
of notice.
Mayor Tait requested Public Works Director Rudy Emami ensure the public had ample
notice of any community meetings and to re -meet, if necessary.
Rudy Gaona thanked Council for hosting the Veterans Day event, honoring and supporting him
and other veterans.
City Council Minutes of November 22, 2016
Page 5 of 22
Jose Espinoza offered complaints about noise, nuisances, and late hours at EI Nopal
Restaurant at 530 North East Street, questioned why the business was issued a permit, and
requested the Planning and Police Department address the problems.
Mayor Tait requested staff review the decibels for what is allowed at the property line.
Bobby Donelson disagreed with 24 hour permit parking, describing his parking experiences
while at Ponderosa Park and during the campaign and requested Council review daytime limits.
Cynthia Ward thanked staff for meeting with her regarding the Lincoln Avenue expansion and
appreciated the project slowing down to allow for more community meetings and input.
Regarding Item No. 17, she requested Council continue the item, citing potential conflicts of
interest for certain council members and expressed concern about the process thus far.
COUNCIL COMMUNICATIONS: None
CITY MANAGER'S UPDATE:
Paul Emery, City Manager, announced the City was awarded the Turning Red Tape and Red
Carpet Award from the Orange County Business Council, highlighting the Anaheim Fire &
Rescue and Public Utilities departments.
At 6:47 P.M, the City Council session was recessed to address the Anaheim Public Financing
Authority agenda and reconvened at 6:51 P.M.
CONSENT CALENDAR: Council Member Vanderbilt removed Item Nos. 12, 17, 35, and 36
from the consent calendar for further discussion and Mayor Pro Tem Kring pulled Item No. 27.
Council Member Brandman then moved to waive reading in full of all ordinances and resolutions
and to adopt the balance of the consent calendar as presented, in accordance with reports,
certifications and recommendations furnished each city council member and as listed on the
consent calendar, seconded by Mayor Pro Tem Kring. Roll Call Vote: Ayes — 5: (Mayor Tait
and Council Members: Brandman, Kring, Murray and Vanderbilt). Noes — 0. Motion Carried.
8105 3. Receive and file minutes of the Public Utilities Board meeting of September 28, 2016.
D117 4. Approve the Investment Portfolio Report for October 2016.
5. Approve a recognition at a later date recognizing Nancy and Ray Reese, community
D114 volunteers for over 33 years of service to East Anaheim Little League, Anaheim and
Katella High School.
6. Appoint Trung Le to the Anaheim Workforce Development Board, representing the
B105 public sector, to a four year term ending November 21, 2020.
7. Award the contract to the lowest responsible bidder, Kordich, Inc., in the amount of
$1,952,790, for the Citywide Sanitary Sewer Improvement Program/Projects, authorize
AGR -10370 the Finance Director to execute the Escrow Agreement and determine the project is
categorically exempt under the California Environmental Quality Act (Crescent Avenue -
Euclid Street to Loara Street; Loara Street - Westmont Drive to North Street; and North
Street - Loara Street to West Street).
City Council Minutes of November 22, 2016
Page 6 of 22
D180 8. Accept the lowest responsive bid from La Habra Relocations, Inc., in the amount of
$62,620, for as -needed moving services for Public Works for a one year period with up
to four one-year optional renewals and authorize the Purchasing Agent to exercise the
renewal options, in accordance with Bid #8781.
9.
Waive the sealed bidding requirement of Council Policy 4.0 and authorize the
D180
Purchasing Agent to issue a purchase order to FARO Technologies Inc., in the amount
of $73,287.89 plus applicable tax, for the purchase a 3D Laser Scanning System for the
Anaheim Police Department.
10.
D180
Waive the sealed bidding requirement of Council Policy 4.0 and authorize the
Purchasing Agent to issue a purchase order to Sigmanet, Inc., in the amount of
$170,364.28 including sales tax, for the purchase and installation of video storage
equipment at the Anaheim Convention Center.
11.
Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing
Agent to issue a purchase order to TASER International, Inc., in the amount of $359,572
D180
plus applicable tax, for the purchase of 335 tasers and related accessories for the
Anaheim Police Department and authorize the Purchasing Agent to issue future
purchase orders for devices, accessories and related services and execute any and all
documents necessary to complete the transactions, subject to available budget
appropriations.
AGR -3750.A 13.
Determine, on the basis of the evidence submitted by PT Metro LLC, that the property
owner has complied in good faith with the terms and conditions of Development
Agreement No. 2005-00008 for the 2016 review period for the A -Town Metro mixed-use
project consisting of approximately 1,746 residential units, approximately 50,000 square
feet of commercial area, and two public parks located at 1404 East Katella Avenue in the
Platinum Triangle.
14.
Approve agreements with Property Specialists, Inc. dba CPSI and with Overland, Pacific
AGR -4844.A
& Cutler, Inc., each in an amount not to exceed $300,000, for on-call relocation services
for a maximum period of five years.
15.
Approve an agreement with INET, Inc. dba iParq, in an amount not to exceed $200,000,
AGR -10373
for services to manage the residential permit parking system for a two year with
period
the option to renew for a maximum of three additional one-year terms and authorize the
Public Works Director to renew the term of the agreement.
16.
Approve and authorize the City Manager to execute a Workforce Innovation and
AGR -10374
Opportunity Act Agreement and a CalWORKs Vocational Training Program Vendor
AGR -7158.8
Agreement with Brem Industries dba California Career School, in amounts not to exceed
$150,000 and $100,000 respectively, for the provision of occupational skills training
through June 30, 2018 and authorize the Workforce Development Manager, or
designee, to administer the agreements.
18.
Authorize the Director of the Community Services Department, or his designee, to
accept a bequest from the Opal Kissinger Estate, in the amount of $20,000, for the
D150
Heritage Services program of the Library Division and increase the fiscal year 2016/17
revenue and expenditure appropriations in the Community Services Department budget
by said amount.
City Council Minutes of November 22, 2016
Page 7 of 22
AGR -8023.2 19. Approve and authorize the Planning Director to execute the Second Amendment to the
Professional Services Agreement, and any related documents, with Lilley Planning
Group increasing the contract amount by $250,000 for a total not to exceed
compensation of $1,000,000 over the three year term of the contract for as -needed
consulting and staff services for the Planning and Building Department.
AGR -10376 20. Approve the Agreement for Acquisition of Real Property with Scott Brown and Jacque
Brown, in the acquisition payment amount of $13,200, for partial acquisition of property
located at 1002-1008 East South Street for a permanent public roadway easement and a
temporary construction easement for the South Street Sidewalk Gap Closure
Improvement Project (R/W ACQ 2016-00744).
21. Approve the Agreement for Acquisition of Real Property with Thomas M. Boone and
Carolyn S. Collins, in the acquisition payment amount of $22,300, for partial acquisition
AGR -10377 of real property located at 435 North State College Boulevard for a permanent public
roadway easement and a temporary construction easement for the State College
Boulevard/La Palma Avenue Intersection Improvement Project (R/W ACQ 2015-00558).
22. Approve Amendment No. 5 to Agreement No. C-1-2958 with Orange County
Transportation Authority (OCTA) to reduce funding by $313,590 and extend the
AGR -7084.5 agreement for six months to allow for the completion of final accounting for the Lakeview
AGR -5742.6 Widening South of the OC Bridges Grade Separation Project and Amendment No. 6 to
Agreement No. C-9-0413 with OCTA to increase staff overhead funding for traffic
engineering services, police services, and project support services by $220,000 for
Railroad Grade Separation Projects and increase revenue and expenditure
appropriations in the Public Works fiscal year 2016/17 budget by $220,000.
AGR -10378 23. Approve the Assignment and Assumption Agreement with ExxonMobil Oil Corporation
and Torrance Pipeline Company LLC assigning the franchise for the right to maintain
and operate a system of pipelines for the transportation of oil and gas in and across a
portion of Jefferson Street between Atwood Channel and Orangethorpe Avenue from
ExxonMobil to Torrance Pipeline Company as pertains to City Ordinance Nos. 5639 and
6119.
P124 24• RESOLUTION NO. 2016-217 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. 11998, 11999, 12000, 12001, 12002,
12031, 12032,12033, and 12034) (public right-of-way purposes for the BNSF Railroad
Grade Separation project at Orangethorpe Avenue).
P124 25. RESOLUTION NO. 2016-218 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
certain real properties or interests therein (City Deed Nos. 12027 and 12028) (State
College Boulevard/La Palma Avenue Intersection Improvement Project).
P124 26. RESOLUTION NO. 2016-219 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
certain real properties or interests therein (City Deed Nos. 12029 and 12030) (South
Street Sidewalk Gap Closure Improvement Project).
City Council Minutes of November 22, 2016
Page 8 of 22
D175 28. RESOLUTION NO. 2016-220 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM establishing Permit Parking District No. 57 ("Gaymont
Lynrose") neighborhood and designating Gaymont Street from Rome Avenue to Ball
Road, Lynrose Drive from Gaymont Street to Birchleaf Drive, and Elmlawn Drive from
Gaymont Street to Birchleaf Drive as "Permit Parking Only" streets and determine the
action is exempt from the California Environmental Quality Act (CEQA) pursuant to
Regulation No. 15061(b)(3).
29. RESOLUTION NO. 2016-221 A RESOLUTION OF THE CITY COUNCIL OF
D175 THE CITY OF ANAHEIM establishing Permit Parking District Neighborhood and
designating Reseda Street from 504/505 South Reseda Street to Virginia Avenue and
Priscilla Way from 504/505 South Priscilla Way to Virginia Avenue as "Permit Parking
Only" streets and determine the action is exempt from the California Environmental
Quality Act (CEQA) pursuant to Regulation No. 15061(b)(3).
R100 30. RESOLUTION NO. 2016-222 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the Fire Chief or his designee to submit a grant
application on behalf of the City of Anaheim to the Office of Domestic Preparedness of
the Department of Homeland Security for the Fiscal Year 2016/2017 Assistance to
Firefighters Grant Program and if awarded, authorizing the acceptance of such grant on
behalf of the City and amending the budget for fiscal year 2016/2017 accordingly.
31. RESOLUTION NO. 2016-223 A RESOLUTION OF THE CITY COUNCIL OF
D154 THE CITY OF ANAHEIM amending Resolution No. 2014-092, which established rates of
compensation for classifications designated as Executive Management (modifying salary
range for City Clerk).
D154.2 32. RESOLUTION NO. 2016-224 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim
Municipal Employees Association, Clerical Unit and the City of Anaheim (establishing
the rate of bilingual compensation for the Senior Police Dispatcher classification).
33. RESOLUTION NO. 2016-225 A RESOLUTION OF THE CITY COUNCIL OF
C350 THE CITY OF ANAHEIM adopting a Mitigated Negative Declaration and Mitigation
C340 Monitoring Plan No. 338 for the Gramercy Park Trail Project and making the required
environmental findings pursuant to the California Environmental Quality Act (CEQA).
D114.1 34. RESOLUTION NO. 2016-226 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM establishing the dates and time of regular meetings of the City
Council for the 2017 calendar year.
M142 37. ORDINANCE NO. 6392 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM repealing Chapters 15.03 and adding new Chapter 15.03 to Title 15 of the
Anaheim Municipal Code pertaining to the California Building Standards Codes, and
repealing existing Chapter 16.08 and adding new Chapter 16.08 (California Fire Code)
to Title 16 of the Anaheim Municipal Code pertaining to the California Fire Code.
Determine that the proposed ordinance constitutes a project falling within the definition
of categorical exemptions, Section 15061(b)(3), as defined in the State CEQA
Guidelines and is, therefore, categorically exempt from environmental review and
authorize and direct the City Clerk to schedule a public hearing on said ordinance for
City Council Minutes of November 22, 2016
Page 9 of 22
December 20, 2016 and publish notice pursuant to Section 50022.3 of the California
Government Code.
D114 38. Approve minutes of the City Council meetings of August 30, 2016 and September 13,
2016.
END OF CONSENT CALENDAR:
With no objection by Council, Item No. 27 was considered first.
27. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM expanding Permit Parking District No. 38 and designating
D175 Florence Avenue from Claudina Street to Philadelphia Street, Narda Street from
Claudina Street to Philadelphia Street, Claudina Street from Vermont Avenue to
Charlotte Avenue and Lorraine Drive from Claudina Street to the alley west of Claudina
Street "Permit Parking Only" Street within Permit Parking District No. 38 and determine
the action is exempt from the California Environmental Quality Act (CEQA) pursuant to
Regulation No. 15061(b)(3).
DISCUSSION: Mayor Pro Tem Kring addressed earlier comments about the difficulties parking
around Ponderosa Park and how parking keeps getting pushed further out in certain
neighborhoods. She requested different options be reviewed for parking permit in addition to, or
in place of the 24 hours and 12 A.M. to 6 A.M. options.
MOTION: Mayor Tait moved to table Item No. 27 until after a meeting between himself, Mayor
Pro Tem Kring, and Mr. Hernandez, seconded by Mayor Pro Tem Kring. APPROVED VOTE:
5-0. Item tabled.
AGR -10371 12. Approve, authorize and direct the City Manager to execute the Traffic Analysis
Agreement with Angels Baseball, L.P., contingent on receiving no legal challenges
against the LT Global Project through November 27, 2016, for continued assessment of
traffic conditions in the Stadium area of the Platinum Triangle for a term that shall be
concurrent with the duration of the term of the Amended and Restated Lease Agreement
and determining that 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 Program
No. 106C, together with other previously -approved environmental documentation, serves
as the appropriate environmental documentation for the proposed agreement.
Kristine Ridge, Assistant City Manager, reported this item was for approval of a traffic analysis
agreement between the City and Angels Baseball and authorization for the City Manager to
execute the agreement. She explained that, as requested by Council Member Murray at the
October 18th meeting, staff had been working closely with the Angels and their traffic consultant
to develop an agreement that would enable the stadium to efficiently provide access for fans
and patrons as development activity occurred in the surrounding area. She explained the
proposed agreement would establish a process to assess the traffic conditions in the stadium
area of the Platinum Triangle and prioritize traffic improvements planned as part of The
Platinum Triangle Implementation Plan to ensure the fan experience was not degraded and
traffic management costs were contained.
City Council Minutes of November 22, 2016
Page 10 of 22
DISCUSSION: In response to questions from Council Member Vanderbilt, Ms. Ridge explained
the Angels had worked with the developers of the LT project on the corner of State College
Boulevard and Orangewood Avenue and reached a separate agreement. She added, the
Angels had additional traffic concerns with both the LT project and future development activity
that could occur so staff had been working with the Angels to address their concerns and were
hopeful through the agreement that there would be no litigation against the LT project. She
continued that staff was seeking approval of the agreement and authorization for the City
Manager to execute the agreement on November 28, 2016, which would be after the statute of
limitation for any lawsuit challenge to the LT project provided no litigation has been filed in the
interim by the Angels. Council Member Vanderbilt questioned why the City would not wait until
a future meeting to approve the contract to ensure nothing was lingering in terms of potential
litigation. City Manager Paul Emery explained the Angels were seeking assurances that future
studies would be approved, essentially allowing both parties to be protected through the
process.
Mayor Tait explained the agreement provided the Angels assurances their traffic concerns
would be met and ensured all parties have a good experience getting to and from games,
confirming the agreement could become null and void as the City Manager would not execute it
if litigation was initiated.
Council Member Murray thanked all parties for working together to ensure the greater Platinum
Triangle community would be protected through additional levels of traffic management and
commitments from the City.
Council Member Vanderbilt questioned the timing of the proposed traffic study and expressed
concerns it may occur during the baseball off-season. Ms. Ridge explained the agreement
obligated both parties to create a methodology to do a baseline study, including game -day
traffic, to determine what additional mitigation efforts may be needed. Mr. Emery further
explained the proposed agreement provided for a methodology of selecting a traffic consultant
in conjunction with Angels Baseball. Ms. Ridge concluded that the cost for the initial baseline
study would be split 50/50 with the Angels and once the methodology was in place and future
development activity occurred, the City would fund additional traffic analyses as needed.
Mayor Pro Tem Kring moved to approve Item No. 12, seconded by Council Member Brandman.
ROLL CALL VOTE: AYES - 4: (Mayor Tait and Council Members Kring, Murray, and
Brandman). NOES - 1: (Council Member Vanderbilt). Motion carried.
AGR -10375 17. Approve and authorize the City Manager to execute and administer an Exclusive
Negotiation Agreement with the Anaheim Performing Arts Center Foundation for the
potential development of a performing arts center at the existing site of the City National
Grove of Anaheim in furtherance of Resolution No. 2015-257,
Council Member Vanderbilt questioned how this process began, with Council Member Murray
explaining Council had adopted a resolution in support of a performing arts center and working
with the Anaheim Performing Arts Center (APAC) about 18 months ago, and as part of that
action, Council agreed to instruct staff to work with experts to determine the feasibility of a
performing arts center in Anaheim after which an extensive study was conducted. Tom Morton,
Executive Director Convention/Sports/Entertainment Department, reported it was first requested
during Council Communications for staff to look at the feasibility of a performing arts center at
the site of the Grove or elsewhere in the city and bring back a resolution of support for working
City Council Minutes ofNovember 22,0l6
Page 11 of 22
vvdhAPAC. Council Member Vanderbilt clarified that Council Member Murray individually
requested staff review this issue inOctober 2D14with staff returning inOctober 2D15with the
resolution that Council adopted.
In response to Council Member Vanderbilt, Mr. Morton provided historical information for the
potential development site: City property was sold in the 1990s for development of an
entertainment center gopart ofthe Gportmtownsite, adding the site changed hands several
times; the City purchased the property in 2002 from SMG; the Qb/ brought on y4ededander, o
management partner, to manage the facility that is now the City National Grove of Anaheim.
Mr. Morton further clarified that the purchase of the Grove, approximately two acres, was for the
improvements thereon and the larger Sportstown area of approximately 11.8 acres was always
city -owned, with a parking license agreement for the Grove for its immediately surrounding
parking use.
Mr. Morton explained that iDcontinuance ofResolution No. 2D15-257.the item before Council
was anexclusive negotiation agreement (ENA)between the City and Anaheim Performing Aota
Center Foundation ) for the potential development ofaperforming arts center at the
existing site of the City National Grove of Anaheim. He reviewed the prior action from October
2O14where Council directed staff toexplore the feasibility ofdeveloping anew performing arts
center otthe site of the Grove and return with o resolution of support between the City and
APACfor the development, Hecontinued that staff first hired 8performing arts center
consultant to provide a market and feasibility analysis to determine the viability of new
performing arts center inAnaheim, which study found the Anaheim area to be avery strong
market for arts consumption with strong local support for a new center, with over 80% of
respondents in favor. On October 6, 2015, Council adopted the resolution to express support for
/\PAC'econtinued efforts todevelop anew center in the city atthe Grove site.
Greg Garcia, Deputy City Manager, explained that pursuant to the approved resolution, staff
had been working with APAC over the past year in negotiations. The proposed ENA included a
series offundraising milestones over the next four years that must bemet inorder for the
project to move fonwand. Hecontinued that throughout the term ofthe proposed ENA, the City
and APACwould negotiate the terms of aconveyance agreement that would include a
conceptual site plan, scope ofdevelopment, and construction schedule laying out the time
required tocomplete the project. Further, the ENA establishes mnegotiating period through
August 31. 2020 with /\FY\C required to eeah community input within 180 days Of the execution
of the ENA, propose a plan to the City within 360 days, and at least once per quarter submit
progress reports 10the City. APACvvOu|d also be required tDprovide evidence mffunding in the
form of bank statements orcontractually binding commitments in the amounts, and by dates, as
follows: Milestone No. 1: March 1' 2018, $20 million funds raised; Milestone No. 2: K8an:h 1.
2019, $50million funds raised; Milestone No. 8: March 1. 2O2O.8O%oftotal estimated project
development costs raised; and Milestone No. 4:June 8O.2O2D.100%cftotal estimated project
development costs raised. The ENA also requires APACtofund any CEQAcompliance costs,
secure any necessary entitlements, bear the responsibility of all pre -development costs,
consider revenue sharing, and potentially be responsible for widening the Katella
Avenue/Stadium Crossing entry.
Mr. Garcia explained any conveyance agreement V[long term lease agreement produced under
the ENA throughout the negotiation period would bebrought back to Council atolater date and
there was nocurrent budgetary impact aethe ENA only provided for negotiation of adefinitive
City Council Minutes of November 22, 2016
Page 12 of 22
conveyance agreement that would need to be brought back to council for consideration if the
parties reached an agreement and APAC reached all milestones.
DISCUSSION: Mayor Pro Tem Kring announced Dr. and Mrs. Knohl had been working on the
idea of an all-encompassing performing arts center for the city since 2007. She discussed the
benefits of the Grove location, offered her support, and recommended moving forward with the
project.
MOTION: Mayor Pro Tem Kring moved to approve Item No. 17, seconded by Council Member
Brandman.
DISCUSSION: Council Member Vanderbilt wished to further explore how this project came to
fruition and ensure all stakeholders had been involved in the process prior to any further Council
action. Mayor Pro Tem Kring referred to the staff report and no opposition offered from the
surrounding neighbors such as the Angels, Gardenwalk, and LT Global, as well as no budgetary
impact as reasons to move forward.
In response to questions from Council Member Vanderbilt, Mr. Morton confirmed a consultant
had been hired to prepare a feasibility report and market analysis for a performing arts center in
the City for which the City paid approximately $75,000. Mr. Morton continued that a local
constituent survey was part of the report and all came back in positive favor of a new center in
Anaheim. City staff, the Convention/Sports/Entertainment Department, and APAC were involved
with the consultant on the final report, which was available as a public record prior to adoption of
the resolution in 2015, but not attached to the resolution itself.
In response to the Mayor, Mr. Morton explained that the consultant agreement may not have
been presented to City Council for approval as it fell within the City Manager's authorization for
approval.
Council Member Brandman explained that Council directed staff through Council
Communications and consensus to move forward with consideration of a resolution which was
presented in October 2015. Additionally, in order to determine the feasibility staff convened a
study paid for by enterprise funds of the Convention Center, not general fund, and presented
the results of the study in the staff report when they presented the resolution.
Mayor Tait indicated he voted against the original resolution and questioned whether Council
had previously received the report, with Mr. Morton and Mr. Brandman confirming the report
results had bene included in the staff report and separately emailed to the Council.
Council Member Vanderbilt questioned why the report would not be attached to the staff report
for public review and discussion and noted he had requested additional information and invoices
regarding any meetings the consultant may have had with local stakeholders. Upon request
from Council Member Vanderbilt, Dorothy Rose, Orange County Symphony, reported her
organization had not met with the consultant or APAC regarding the proposed project, with
Mayor Pro Tem Kring explaining Ms. Rose may not have been included due to a letter from her
several years ago that the Symphony no longer wanted to be part of APAC.
Council Member Vanderbilt explained this was his approach to ensure due diligence had
occurred and local arts groups had been contacted and consulted in the process and it
appeared that such outreach may not have happened. Council deliberated further on the ENA.
City Council Minutes of November 22, 2016
Page 13 of 22
Mayor Tait expressed concerns with the process of exclusively negotiating the purchase or
long-term lease of a large piece of City -owned property without an appraisal or RFP, believed
the decision should be postponed until the newly -elected Council was sworn into office, wanted
more information regarding traffic, drainage, and other potential concerns for neighboring
properties, and requested additional public and stakeholder outreach. He questioned whether
financial statements were requested, with Mr. Garcia stating other lease agreements with non-
profits such as the YMCA, Boys & Girls Clubs, and GOALS did not require financial statements.
Mayor Tait advised the other properties were smaller and not in such a prime location and that
he would vote against the item.
AMENDED MOTION: Council Member Vanderbilt offered an amended motion to approve the
agreement with an amendment to Section 4.5 of the agreement changing "or" to "and" between
"bank statements" and "contractually binding commitment of funds" regarding proof of
fundraising, seconded by Mayor Tait.
Council Member Brandman stated he would not approve the amendment as staff had clarified
the City has sole discretion to determine the validity of any contractual commitment for funding.
ROLL CALL VOTE: AYES — 2: (Mayor Tait and Council Member Vanderbilt). NOES — 3:
(Mayor Pro Tem Kring and Council Members Murray and Brandman). Motion failed.
DISCUSSION: Council Member Vanderbilt asked additional questions regarding parking, with
Mr. Morton explaining that while Nederlander currently operates adjacent parking under a
separate parking license agreement, under the ENA, APAC would be required to provide
adequate parking for the site via surface or garage parking. In regards to potential in-kind
contributions from the City for the project, Mr. Garcia stated specific contributions were not
stated within the ENA but would potentially come back as part of the conveyance/lease
agreement which would also likely address parking, revenue sharing, naming rights, and other
items. Regarding any contemplated price for the sale or lease of the property, Mr. Garcia stated
that would be negotiated through the course of the ENA period following guidelines within the
resolution and using the current model arrangements with other non-profit organizations. The
Council continued to discuss general provisions of the contract.
Council Member Murray referred to a letter from Michael Buss, Anaheim Arts Council,
expressing support for a performing arts center and offered her own support for the item to
exclusively negotiate with APAC so they could privately fundraise to build a world class center
to serve the entire city and create additional revenue streams.
MOTION: Mayor Pro Tem Kring moved to approve Item No. 17, seconded by Council Member
Brandman.
ROLL CALL VOTE: AYES — 3: (Mayor Pro Tem Kring and Council Members Murray and
Brandman). NOES — 2: (Mayor Tait and Council Member Vanderbilt). Motion Carried.
Prior to consideration of Item No. 35, City Clerk Linda Andal announced that following the
approval of Item No. 12 on tonight's agenda, Angels Baseball submitted a letter to the City
withdrawing their request for rehearing (Item No. 40) and advised that Council may vote to
withdrawal the item to allow interested persons in attendance to leave.
City Council Minutes of November 22, 2016
Page 14 of 22
MOTION: Mayor Tait moved to withdraw Item No. 40 from the agenda, seconded by Council
Member Murray. APPROVED VOTE: 5-0. Motion carried; Item No. 40 was withdrawn from the
agenda.
M142 35. ORDINANCE NO. 6390 (INTRODUCTION) AN ORDINANCE OF THECITY
COUNCIL OF THE CITY OF ANAHEIM amending Section 3.32.090 of Chapter 3.32 of
Title 3 (Business Licenses) and various sections of Title 18 (Zoning) of the Anaheim
Municipal Code relating to the licensing, siting and operation of massage establishments
and finding and determining that this ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) 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 2016-00135).
DISCUSSION: Council Member Vanderbilt noted earlier speakers had questions and concerns
about his item to which Code Enforcement Manager Sandra Sagert confirmed that the concerns
had been fully explained and addressed and that additional follow-up would be provided to all
massage parlor owners.
MOTION: Mayor Pro Tem Kring moved to approve Item No. 35, seconded by Council Member
Vanderbilt. APPROVED VOTE: 5-0. Ordinance introduced.
36. ORDINANCE NO. 6391 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
C280 ANAHEIM amending Subparagraph .05 of Paragraph .0602 (Conditionally Permitted
C420 Signs) of Subsection .060 (Business And Identification Signs) of Section 18.114.130
(Sign Regulations) of Chapter 18.114 18.114 (Disneyland Resort Specific Plan No. 92-1
(SP 92-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim
Municipal Code to permit an increase in the height of icon/themed signage elements for
the Anaheim Gardenwalk Project, and finding and determining that this ordinance is
categorically exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15311 of the State CEQA Guidelines (Adjustment No. 10 to
the Disneyland Resort Specific Plan No. 92-1 (SP 92-1)) (Zoning Code Amendment No.
2016-00134) (to allow a water tower sign for the House of Blues).
DISCUSSION: In response to questions by Council Member Vanderbilt about the ability to
install roof -mounted signs, Planning Services Manager Jonathan Borrego explained roof -
mounted signs were generally prohibited but there were certain portions of the city with
exceptions, including the Resort and portions of downtown, where roof -mounted signage was
allowed subject to certain rules.
Senior Planner Elaine Thienprasiddhi further explained there was a coordinated signage
program with the Gardenwalk Overlay of the Disneyland Resort Specific Plan that allowed signs
that would not be ordinarily approved elsewhere in the city as long as they were consistent with
the building and other signage within the project. In response to Council Member Vanderbilt,
she confirmed monument and wall signage criteria for the Resort was outlined specifically within
the Code but allowances were part of the coordinated sign program in the Gardenwalk Overlay.
MOTION: Council Member Brandman move to approve Item No. 36, seconded by Mayor Pro
Tem Kring. APPROVED VOTE: 5-0. Ordinance introduced.
City Council Minutes of November 22, 2016
Page 15 of 22
AGR- 39. RESOLUTION NO. 2016-227 A RESOLUTION OF THE CITY COUNCIL
1490.v.0.2 OF THE CITY OF ANAHEIM authorizing the execution and delivery of a lease
agreement with Banc of America Public Capital Corp, as lessor, and separate schedules
AGR- thereto for the acquisition, purchase, financing and leasing of certain equipment within
i49o.v.o.2.o.i the terms herein provided; authorizing the execution and delivery of other documents
required in connection therewith; and authorizing all other actions necessary to the
consummation of the transactions contemplated by this Resolution (previously approved
800 Megahertz Countywide Coordinated Communications System).
Authorize the Finance Director to execute the Lease, in substantial form, with Banc of
America Public Capital Corp so long as such Lease is in substantial conformance, as
determined by the City Attorney's Office, authorize the Finance Director to take such
actions as are necessary, advisable, or required to implement and administer the Lease,
and authorize de minimis changes that do not substantially change the terms and
conditions of the agreements approved hereby, as determined by the City Attorney's
Office.
Debbie Moreno, Finance Director, reported this item was seeking approval of a lease
agreement to allow the City to acquire radios and equipment necessary to complete its
obligations for the upgrade of the 800 Megahertz Communications System. She explained
Council approved an amendment to a joint agreement with the County in March 2015 for
operation, maintenance, and financial management of the 800 Megahertz Countywide
Coordinated Communications System. At this time, Anaheim committed to fully funding the
City's portions of the costs to upgrade the consoles, backbone, and radios to modernize the
communications system for all police, fire, public works, and other agencies throughout the
county while still providing each city with their own unique dispatch and tactical channels. At
that time, the estimated costs for the City's participation in the upgrade was $14.4 million in
equipment costs with $20 million in payments over 15 years. Through aggressive purchasing
timelines and the availability of funds and favorable interest rates, Ms. Moreno explained the
City had been able to reduce the City's total share of the equipment cost by $1.2 million and
save more than $6 million over the original 15 year timeline. The proposed lease agreement
would finance the remaining $6.8 million needed to upgrade the radio equipment, with pricing
reflecting a 50% discount from Motorola, the radio manufacturer, which would be lost if the City
did not place its order before November 25, 2016; losing the full discount would result in
additional costs of more than $1 million. Ms. Moreno concluded her presentation that the
proposed lease agreement was offered by Banc of America Public Capital Corporation at an
interest rate of 1.87% over a 10 year term and was based on similar terms to the initial hot red
radio lease approved by Council on November 13, 2015, but with an even more favorable
interest rate.
MOTION: Council Member Brandman moved to approve Item No. 40, seconded by Council
Member Kring. APPROVED VOTE: 5-0. Motion carried.
C330 40. Deny the Request for Rehearing submitted by Angels Baseball LP, relating to City
Council approval of the LT Platinum Center Project and related development approvals
for the project located at the northeast corner of Orangewood Avenue and State College
Boulevard (Public hearing held on October 18, 2016, Item No. 37).
City Council Minutes of November 22, 2016
Page 16 of 22
Item No. 40 was withdrawn from the agenda, per the applicant's request, earlier in the meeting
following consideration of Item No. 17: MOTION: Mayor Tait moved to withdraw Item No. 40
from the agenda, seconded by Council Member Murray. APPROVED VOTE. 5-0. Motion
carried, Item No. 40 was withdrawn from the agenda.
PUBLIC HEARINGS:
B130 41. This is a public hearing in accordance with Section 147(f) of the Internal Revenue Code
of 1986 regarding the proposed issuance by the Anaheim Housing Authority of its
multifamily housing revenue bonds, in an aggregate principal amount not to exceed
$38,000,000, to finance the acquisition, rehabilitation and equipping of the senior
multifamily rental housing project consisting of 178 -units plus one manager's unit located
at 225 South Western Avenue.
RESOLUTION NO. 2016-228 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM pursuant to Section 147(f) of the Internal Revenue Code of
1986 approving the issuance of bonds by the Anaheim Housing Authority for Miracle
Terrace Senior Apartments.
At 8:29 P.M. the public hearing was considered. John Woodhead, Community and Economic
Development Executive Director, explained the Miracle Terrace Senior Community Partners LP,
had requested the Anaheim Housing Authority (AHA) issue tax-exempt bonds to finance its
acquisition and rehabilitation of the Miracle Terrace Senior Apartments. Mr. Woodhead
explained bond financing had been used periodically to assist in the improvement of existing
affordable housing stock and, through this financing mechanism, affordable housing developers
were able to address the needs of the aging housing stock by providing building facade and
interior unit improvements, new landscaping, and implementation of energy efficiency upgrades
to comply with current standards. He advised, the AHA adopted a resolution regarding its
intention to issue such tax-exempt bonds on October 25, 2016. The action requested by
Council would authorize the AHA to provide bond financing for the project, as required by state
and federal law, would fulfill federal tax law requirements under the Tax Equity and Fiscal
Responsibility Act (TEFRA), and would allow submission of an application for bond allocation
from the California Debt Limit Allocation Committee (CDLAC) in accordance with Section 147(f)
of the Internal Revenue Code. Mr. Woodhead continued that the proposed bond issuance was
in an amount not to exceed $38 million, with the bonds to be repaid from project revenues;
accordingly there was no risk of default to City or Housing Authority. Additionally, AHA would
receive at a minimum 1/8 of 1 % of bond amount at the time of issuance, and on an annual
basis, to continue to monitor the project.
Mayor Tait opened the public hearing.
William Fitzgerald, Anaheim HOME, commented on what information was provided on current
agendas and minutes compared to previous years. In regards to affordable housing
developments, he stated they needed adequate parking to not further overcrowd the streets and
additional permit parking districts.
Mayor Tait closed the public comment portion of the hearing.
DISCUSSION: In response to Mayor Tait, Mr. Woodhead confirmed this would be a conduit
financing with no risk to the City or AHA as bondholders would have to look to the project itself
City Council Minutes of November 22, 2016
Page 17 of 22
for repayment, even in the case of default, and that the project included parking consistent with
the Municipal Code.
MOTION: Mayor Pro Tem Kring moved to approve Public Hearing Item No. 41, seconded by
Council Member Brandman. ROLL CALL VOTE: AYES - 4: (Mayor Tait and Council Members
Kring, Murray, and Brandman). NOES - 1: (Council Member Vanderbilt). Motion carried.
P178 42. MISCELLANEOUS CASE NO. 2013-00575
TENTATIVE TRACT MAP NO. 18046
(DEV2013-00028A)
Location: 2726 West Lincoln Avenue
Request: The applicant proposes the following entitlements: (i) a City Council
determination of conformance with the Density Bonus Code to construct a 35 -unit
condominium complex with affordable units and Tier 2 development incentives
allowing reduced building setbacks; and, (ii) a Tentative Tract Map to establish a 1 -
lot, 35 unit attached condominium subdivision.
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 32 (In -Fill Development Projects) Categorical
Exemption.
ACTION TAKEN BY THE PLANNING COMMISSION:
Motion to approve Miscellaneous Case No. 2013-00575, and Tentative Tract Map No.
18046 Vote: 2-4 (Commissioners Henninger and Lieberman voted yes. Commissioners
Caldwell, Carbajal, Dalati and Seymour voted no. Commissioner Bostwick was absent.)
Motion Failed. Motion to deny the project. Vote: 4-2 (Commissioners Caldwell, Carbajal,
Dalati and Seymour voted yes. Commissioners Henninger and Lieberman voted no.
Commissioner Bostwick was absent.) Motion Carried. (Planning Commission meeting of
October 17, 2016) (Appealed by AMG & Associates, LLC).
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving Miscellaneous No. 2013-00575 and making certain
findings in connection therewith (DEV2013-00028A) (2726 West Lincoln Avenue).
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving Tentative Tract Map No. 18046 and making certain
findings in connection therewith (DEV2013-00028A) (2726 West Lincoln Avenue).
David Belmer, Planning and Building Director, announced this public hearing was the result of
an appeal of a Planning Commission decision to deny a density bonus application and tentative
tract map associated with a condominium project proposed on Lincoln Avenue in west Anaheim.
He explained that the Planning Commission reviewed the project at a public hearing on October
17, 2016 and denied the requested actions by a vote of 4-2 with the applicant, AMG &
Associates, LLC, subsequently filing an appeal of that decision. Mr. Belmer provided the
following details about the proposed project:
- the 1.17 acre project site is located on the south side of Lincoln Avenue between
Magnolia Avenue and Dale Avenue, with surrounding land uses including apartments to
the west, vacant land and a flood control channel to the south, an RV storage yard to the
east, and commercial uses across Lincoln Avenue to the north;
City Council Minutes of November 22, 2016
Page 18 of 22
- the property is zoned RM -4, multi -family residential, with a General Plan designation of
medium density residential; no zoning or General Plan amendments are proposed with
this application;
- the applicant is requesting a determination of conformance with the City's density bonus
ordinance to construct a 35 -unit for -sale condominium development with a proposal to
offer 10% of the units, four of the total 35, as affordable to moderate income
homebuyers, which is defined as 120% of the County's median income -approximately
$104,000 for a family of four; the City's density bonus ordinance requires an applicant to
enter into a density bonus affordable housing agreement with the City which requires the
initial purchasers of the four affordable units to meet the definition of a moderate income
family which would be verified by Community and Economic Development Department;
- vehicular access to the site is proposed off Lincoln Avenue, leading to a 24 foot wide
drive aisle;
- units are three stories, designed in a row fashion on the east of the lot with the drive
aisle on the west side of site, providing access to a 2 -car tandem style garage for each
unit; two levels of living area above the garage; front doors/pedestrian access to the
units is on opposite side of the garage;
- 70 total garage spaces are provided (two per unit) with no guest or open parking
providing for site, which he noted was a concern however did comply with State density
bonus law provisions as well as the City's density bonus ordinance;
- approximately 7,000 square feet of landscaped area, including a common gathering
area/open space element with a shade trellis, picnic tables, and landscaping; and
- the units are approximately 1,000 square feet, 2 bedrooms, 2 %2 bathrooms, with a
private patio on the ground floor and balcony on the second floor, Spanish architectural
style with a smooth stucco finish, tile roofs, and articulation from the ground floor to the
roof.
Mr. Belmer reported the developer, in addition to the application for conformance with the
City's density bonus ordinance, was also requesting approval of a Tentative Tract Map
which would subdivide the site into one lot to allow for the condominium development,
noting the subdivision map complied with all City subdivision requirements. Mr. Belmer
concluded his presentation by explaining that the State of California governs the area of
affordable housing. He added that Anaheim's density bonus ordinance mirrored state law
and served as a companion piece of legislation, under which AMG proposes to develop this
project under the density bonus ordinance which allows them to apply for a density bonus to
increase project density above what is typically allowed and allows them to seek waivers,
incentives, and other reductions of development standards for the purpose of facilitating
affordable housing.
DISCUSSION: Mr. Belmer confirmed for Mayor Tait that regulations would default to State law
if the City did not have its own ordinance. In response to Council Member Murray, Mr. Belmer
explained the number of affordable units in this project was 10% (4 of 35) rounded up and that
specifically for this project, the City could not require developers to provide more affordable
units to achieve the waivers/incentives requested under the ordinance provisions, in this case
setback reduction waivers. Council Member Murray requested staff review affordability
requirements going forward to potentially raise the required number of affordable units to
balance the provisions of no guest parking, no service or delivery parking, and the waiver of
setback requirements.
City Council Minutes of November 22, 2016
Page 19 of 22
Mr. Belmer clarified that although the developer was proposing the project under the density
bonus ordinance, they were in fact developing below the density allowed for the site in the
General Plan but were requesting modification to the required landscape and building setbacks
given the narrow nature of the site.
He continued that State law precluded the City from applying development standards to a
project that would have the effect of physically precluding construction unless the City can find
that the reduction of standards would have a specific, adverse impact upon the health, safety, or
physical environment for which there was no feasible method to satisfactory mitigate or avoid
the specific, adverse impact. He further explained that any specific, adverse impact would have
to be a significant and quantifiable, direct, unavoidable impact based on objective identified
written public health or safety standards which, in this case, staff did not think could be met.
Therefore, he explained the City did not have much discretion in granting these set back
reductions, clarifying that the Planning Commission denial of the project was not primarily about
the setback reductions but about the absence of guest parking. Mr. Belmer reiterated the
parking on the site was tandem -style garages, two spaces per unit, with no open parking for
guests, potentially resulting in guests blocking the drive aisle from emergency access or parking
offsite in already impacted residential neighborhoods or in adjoining commercial properties. He
concluded that while the Planning Commission denied the project as a result of the lack of guest
parking, under the limitations of state law and the City's density bonus ordinance, that was not a
legal basis on which to deny the project because state law does not require affordable housing
projects to offer guest parking, so the only basis to deny the application would be that the
setback reductions create a specific, unavoidable impact that affects health and safety.
Mayor Tait questioned whether the City could require guest parking, with Mr. Belmer stating that
would violate the City's ordinance and state law. Mr. Belmer continued that staff's attempts to
encourage additional parking in the development were unsuccessful but that the developer had
enhanced the architectural character of the project and provided additional outdoor recreation
space at the request of the City and was providing home ownership for those who otherwise
may not be able to afford to live in Anaheim, concluding staff had no alternative but to
recommend that Council overturn the Planning Commission denial and essentially approve this
project. In response to further questions from Mayor Tait, Mr. Belmer confirmed the proposed
open space elements, included the patios and balconies, met the City's code.
Council Member Vanderbilt, as a health and safety concern, questioned the ability of a large fire
truck being able to enter and maneuver around the site. Mr. Belmer explained the emergency
vehicle turnaround on the west side of the site had been implemented at the request of the Fire
& Rescue Department, which had reviewed and approved the project. As Council's discretion to
deny the project based on health and safety concerns was limited to setback reduction,
Planning & Building and Fire & Rescue staff had reviewed the pedestrian access to the homes
and determined the entrances were adequate and did not constitute a basis for denial.
Council Member Vanderbilt asked whether Council was precluded from continuing this public
hearing to allow for additional questioning and information gathering, with Mr. Belmer explaining
the city was generally guided by the Permit Streamlining Act which required a public hearing for
an appeal to be brought within a specified timeframe, which was achieved by this meeting, but
that a continuance may be possible to provide further analysis and information to make a
decision, with particular direction from Council for staff to review specific aspects of the project
helpful and justification for such continuance.
City Council Minutes of November 22, 2016
Page 20 of 22
No ex parte communications were reported by any Council Member
Mayor Tait opened the public hearing.
Alexis Gevorgian, AMG & Associates, explained they had been working in good faith with
Planning staff for approximately three years and the project had changed during that time in
response to staff concerns. He recognized that Council felt uncomfortable with the constraints
under State density bonus laws, but explained their intent was to develop needed affordable
housing within a high-quality project and changes had been made in regards to emergency
vehicle access upon consultation with the Fire & Rescue Department. He believed arguments
made regarding other scenarios applied to any project approved by the Planning Commission
and City Council and, as such, this project should not be unreasonably targeted with additional
requirements. He stated the project was fully compliant with State and local laws, was a quality
product, and hoped Council would honor staff's recommendation and State law and approve the
project as presented to assist with the affordable housing shortage in the City.
In response to Mayor Tait, Mr. Gevorgian explained the initial design was a stacked -flat, rental
product which was changed to a for -sale, townhome style product with lower density.
Additionally, as it appeared the hearing may be continued, Mr. Gevorgian agreed to meet with
his architects and staff to explore possible creative solutions to add some guest parking stalls in
response to concerns about the narrow drive aisle.
Council Member Murray expressed concerns about parking and increased traffic in an already
impacted portion of Lincoln Avenue. Mr. Gevorgian responded that the project complied with
applicable rules and that by providing four affordable units, they were allowed certain
concessions regarding parking to make the project feasible. He continued that if the City would
rather the project contain parking rather than affordable units, they could amend the project but
the City would then have to grant variances rather than concessions, with the theory underlying
the density bonus law and the Affordable Housing Accountability Act of reciprocity so they could
provide something for the City (affordable housing) and the City would provide something to the
developer (parking allowances). Mr. Gevorgian continued that pricing for the affordable units
constantly fluctuated due to interest rates and related calculations but would be limited to 120%
of AMI. Mr. Belmer reported that a financial analysis from the developer showed the market
rate units selling for approximately $347,000 with a buy -down between $50,000 and $80,000 for
the four moderate units to be determined because of a range of affordability. Mr. Belmer
continued the occupancy would be initially limited to five occupants (two per bedroom, plus
one).
Mr. Gevorgian continued that in order to build the development without the affordable units but
including parking, the project would be subject to discretionary action by the Planning
Commission to approve variances for the site plan. In order to minimize their risk, the
developers chose by -right actions by including affordable units in the development but
acknowledged there was theoretically a settlement or compromise available in creating parking
and eliminating the affordable units, however, expressing concern that such a project could be
denied by the Planning Commission. Council Member Murray expressed her concerns with
additional traffic burden in an impacted area, understood the rights afforded the project under
State law, but would support a continuance to work further on the project, particularly regarding
emergency vehicle access.
City Council Minutes of November 22, 2016
Page 21 of 22
In response to Mayor Tait, Mr. Gevorgian confirmed there were no individual driveways but if
cars were parked behind a garage there was still ample room for vehicles to go around.
Additionally, Mr. Gevorgian stated they were willing to work in good faith with the City regarding
an amended site plan to include parking in lieu of affordable units if staff would support
variances rather than concessions as it would now be a speculative venture. Mayor Tait
indicated his willingness to consider that potential solution.
Mayor Pro Tem Kring expressed concerns about parking and the number of cars per resident
and supported a continuance. Mr. Gevorgian speculated that six parking spaces may result by
the removal of the four end units.
William Fitzgerald, Anaheim HOME, expressed concerns with tandem parking, parking issues
across the City resulting in permit parking districts, and potential influences by the developer to
approve the project.
Mr. Gevorgian, in his closing statement, recognized the Council's position regarding parking and
agreed to meet with staff to explore a site plan that was more sensitive to parking issues.
MOTION: Mayor Tait moved to continue the public hearing to December 20, 2016 with the
public comment portion remaining open, seconded by Council Member Murray. APPROVED
VOTE: 5-0. Public hearing continued to December 20, 2016.
REPORT ON CLOSED SESSION ACTIONS:
Arturo Fierro, Interim City Attorney, reported for Item No. 5 and 6 City Council conducted a
performance evaluation of the City Manager and gave him a performance rating of
Distinguished Contributor; per the City's merit matrix this will result in a 3% salary increase.
Approved Vote: 3-2 (AYES: Mayor Pro Tem Kring and Council Members Murray and Brandman;
NOES: Mayor Tait and Council Member Vanderbilt).
COUNCIL COMMUNICATIONS:
Mayor Pro Tem Kring announced the Anaheim Beautiful Holiday Lights Contest and the ability
to submit nominations on-line. She spoke of the Veteran's Day event and the Green Light
Campaign and wished everyone a happy and safe Thanksgiving.
Council Member Vanderbilt thanked City of Anaheim employees for their service.
Council Member Murray spoke of the We Give Thanks event at the Honda Center and thanked
staff and safety personnel and armed services for their service. She congratulated the Orange
Unified School District and CARE for their efforts and successful passage of the bond and
requested they be recognized at the January 10th meeting. She thanked Council Member
Brandman for his service.
Council Member Brandman spoke of his accomplishments during his tenure and thanked the
community, staff, and Council.
Mayor Tait thanked Bottle Logic Brewing for their donation of $15,000 to ACT Anaheim, spoke
of the We Give Thanks event, and the thanksgiving community event on Anna Drive. He
expressed condolences to the family of Adalid Flores and his thoughts and prayers were also
City Council Minutes of November 22, 2016
Page 22 of 22
with the officer and his family. He congratulated the new Council -elects, Denise Barnes, Jose
Moreno and Stephen Faessel, and thanked Council Member Brandman for his service.
ADJOURNMENT:
With no further business before the City Council, Mayor Tait adjourned the November 22, 2016
City Council meeting at 9:44 P.M.
ctfully submitted,
N^<31 -
Linda N. Andal, CMC
City Clerk