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2008/04/08ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING OF APRIL 8, 2008 The April 8, 2008 meeting was called to order at 3:00 P.M. and adjourned to 4:00 P.M. for lack of a quorum. Mayor Pringle called the April 8th regular adjourned meeting to order at 4:06 P.M. ADDITIONSIDELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None Mayor Pringle adjourned to closed session for the following items: CLOSED SESSION 1. THREAT TO PUBLIC SERVICES OR FACILITIES Consultation with: John Welter, Chief of Police 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 800 West Katella Avenue, Anaheim, California (Car Park One site) Agency negotiator: Greg Smith Negotiating parties: Garfield Traub Development, Regent Development OC, Sonnenblick-Del Rio Development, Inc. and the City of Anaheim Under negotiation: Price and terms ANAHEIM REDEVELOPMENT AGENCY CLOSED SESSION 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 500-510 South Atchison Street, Anaheim, California Agency negotiator: Lisa Stipkovich Negotiating parties: Theodora and Raymond H. Siegele and the Anaheim Redevelopment Agency Under negotiation: Price and terms At 5:15 P.M., Council returned from Closed Session with Mayor Pringle reconvening the Anaheim City Council meeting. Invocation: Reverend Preston Price, Anaheim Methodist Church Flaq Salute: Council Member Sidhu Acceptance of Other Recognitions (To be presented at a later datel: Recognizing Bishop Tod D. Brown, Luevano Foundation honoree Recognizing the Walt Disney Chapter of the Order of DeMolay - A representative from the Order of DeMolay accepted the proclamation which would be presented at a later date. Recognizing Socorro Vasquez and Marcos Nava on receiving the Boy Scouts of America, Orange County Council, Visionary Award ITEM # 46 Anaheim City Council Minutes of April 8, 2008 Page 2 Recognizing the honorees of the Orange County Hispanic Chamber of Commerce 2008 Estrella Awards ADDITIONSIDELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all items except public hearings): Council Member Galloway introduced Linda Martin, Orange County Department of Education Home Education Program, who offered information for a better understanding of home schooling programs and then introduced the following essay winners. Christina Martin, 1St grader, Lexi Freiling, 5th grader, and Adrianna Hayden, 6th grader, read their winning essays on why they should be elected president of the United States. James Robert Reade voiced comments on numerous issues. CONSENT CALENDAR: Mayor Pringle removed Item No's. 11, 15 and 32 for further discussion, Council Member Kring pulled Item No. 16 and Council Member Galloway removed Item No's. 20 and 27. Council Member Hernandez waived reading in full of all ordinances and resolutions and moved to approve the balance of the consent calendar, seconded by Council Member Kring. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 1. Receive and file the Budget Advisory Commission meeting minutes of November B105 28, 2007; Public Library Board meeting minutes of February 11, 2008; and Southern California Edison Company notice of filing of application for increase in electric rates and increase in basic customer charge (Application No. 08-03-002). 2. Review the need for continuing the local emergency heretofore proclaimed by the D175 Director of Emergency Services as ratified by previous action of the City Council concerning land movement and property damage in the vicinity of 357, 365 and 373 Ramsgate Drive and the Hidden Grove Lane/Fox Glen Drive area in the City of Anaheim, and, by motion, determine that the need for continuing the local emergency exists. 3. Approve the Agreement for Acquisition of Mobile Home and Improvements with 5128 Plantation Mobile Home Estates, in the amount of $15,100, for a mobile home located at 1835 South Manchester Street, Space 12B, for the Gene Autry Way (West)/I-5 Freeway HOV Interchange and Highway Project. 4. Approve the Agreement for Acquisition of Mobile Home and Improvements with 5129 Plantation Mobile Home Estates, in the amount of $9,960, for a mobile home located at 1835 South Manchester Street, Space 22, for the Gene Autry Way (West}/I-5 Freeway HOV Interchange and Highway Project. 5. Approve the Agreement for Acquisition of Mobile Home and Improvements with 5130 Plantation Mobile Home Estates, in the amount of $18,650, for a mobile home located at 1835 South Manchester Street, Space 24, for the Gene Autry Way (West)/I-5 Freeway HOV Interchange and Highway Project. 6. Approve the Agreement for Acquisition of Mobile Home and Improvements with 5131 Plantation Mobile Home Estates, in the amount of $15,200, for a mobile home Anaheim City Council Minutes of April 8, 2008 Page 3 located at 1835 South Manchester Street, Space 72, for the Gene Autry Way (West)/l-5 Freeway HOV Interchange and Highway Project. 7. Approve the Agreement for Acquisition of Mobile Home and Improvements with 5132 Satellite Mobile Home Estates, in the amount of $19,600, for a mobile home located at 11844 South Haster Street, Space 6, for the Gene Autry Way (West)/l- 5 Freeway HOV Interchange and Highway Project. 8. Approve the Agreement for Acquisition of Tenant-Seller's Interest of Real 5133 Property with Veronica and Leonard Sanchez, in the total settlement payment amount of $11,170, for property located at 2181 West Katella Avenue for the Katella Avenue Smart Street- Humor Drive to Jean Street Project (R/V11 ACQ2005-00241). 9. Approve the Lost Rent Agreement with William W. Morningstar, in the amount of 5134 $1,500 per month, for a commercial center located at 2181 West Katella Avenue, Suite C, related to the Katella Avenue Smart Street -Humor Drive to Jean Street Project (R/V1l ACQ2005-00241). 10. Approve the Purchase and Sale Agreement with the State of California, 5135 Department of Transportation for the acquisition of a portion of the State's easement located at 200 and 201 North Via Cortez for storm drain purposes and authorize the Director of Public Works to execute all additional documents necessary to complete this transaction. 12. Approve Amendment No. 4 to the Agreement with CWA AIA, Inc., in the amount 3448.4 of $50,100, for architectural services for a first floor space plan and building core accessibility (ADA) improvements at the Central Library. 13. Approve the Final Map and Subdivision Agreement with Granite SR Crossing, 5136 LLC for Tract No. 16943 for property located at 3520 - 3570 East La Palma Avenue. 14. Approve the Subdivision Agreement with Trucor, Inc. for Parcel Map 2006-284 5137 for property located at 1219-1231 W. Center Street. 17. Accept the bid of Galls, an Aramark Company, LLC, in an amount not to exceed D180 $260,000, for the purchase of police uniforms and accessories for a period of one year with three one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #7087. 18. Award the contract to the lowest responsible bidder, All American Asphalt, in the 5139 amount of $599,966.30, for the Broadway Street Improvements from Bond Street to State College Boulevard Project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 19. Award the contract to the lowest responsible bidder, Vasilj Inc., in the amount of 5140 $1,255,254.56, for the Citywide Sanitary Sewer System Repair and Rehabilitation Program, Phase I and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 21. Waive the sealed bid requirement of Council Policy 4.0 and authorize the D180 Purchasing Agent to issue a purchase order to GeoSpatial Technologies, Inc., in Anaheim City Council Minutes of April 8, 2008 Page 4 the amount of $32,576.25 including taxes, for GPS mobile console software licenses and maintenance for the Police Department. 22. RESOLUTION NO. 2008-027 A RESOLUTION OF THE CITY COUNCIL D112 OF THE CITY OF ANAHEIM authorizing the destruction of certain city records more than two years old (City Attorney's Office). 23. RESOLUTION NO. 2008-028 A RESOLUTION OF THE CITY COUNCIL D159 OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Planning Department}. 24. RESOLUTION NO. 2008-029 A RESOLUTION OF THE CITY COUNCIL D175 OF THE CITY OF ANAHEIM for Caltrans I-5 offramp temporary closure. 25. RESOLUTION NO. 2008-030 A RESOLUTION OF THE CITY COUNCIL D117 OF THE CITY OF ANAHEIM approving amendments to the Statement of Investment Policy. 26. RESOLUTION NO. 2008-031 A RESOLUTION OF THE CITY COUNCIL D160 OF THE CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a grant application on behalf of the City of Anaheim to the U.S. Department of Justice, Bureau of Justice Assistance, to participate in the FY 2008 Bulletproof Vest Partnership Grant Program, authorizing the Chief to execute all required grant documents, and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for Fiscal Year 2008-09 accordingly. 28. RESOLUTION NO. 2008-033 A RESOLUTION OF THE CITY COUNCIL 5141 OF THE CITY OF ANAHEIM authorizing the Fire Chief or his or her designee to accept the transfer of grant funds from the Sheriff-Coroner of the County of Orange, as received from the State of California through its Office of Homeland Security; to execute any and all documents related to the receipt and administration of such funds and to amend the fiscal year 2007-08 budget accordingly. 29. RESOLUTION NO. 2008-034 A RESOLUTION OF THE CITY COUNCIL 5142 OF THE CITY OF ANAHEIM approving an agreement with the State of California Environmental Protection Agency accepting a grant of funds from the Aboveground Petroleum Storage Tank Act and authorizing the Fire Chief or his designee to sign the agreement and any or all other documents relating to receipt and administration of such grant funds. 30. RESOLUTION NO. 2008-035 A RESOLUTION OF THE CITY COUNCIL P124 OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein. (City Deed No. 11123 and 11124). 31. RESOLUTION NO. 2008-036 A RESOLUTION OF THE CITY COUNCIL P110 OF THE CITY OF ANAHEIM vacating two Public Utility Easements located at 3110 East La Palma Avenue pursuant to California Streets and Highway Code Section 8330, et seq. -summary vacation (Abandonment No. ABA 2008-00169). 33. Approve minutes of the regular Council meeting held March 18, 2008. C280 4 Anaheim City Council Minutes of April 8, 2008 Page 5 END OF CONSENT CALENDAR 11. Approve the First Amendment to Agreement with First American Bankcard, Inc., 2643.1 for the operation, maintenance and payment of commissions for the automated teller machines at the Anaheim Convention Center. City Manager, Dave Morgan reported this item was to continue the existing First American Bankcard, Inc. agreement on a month-to-month basis as staff was in the process of examining the possibility of a convention center package incorporating these services as part of a complete package. The present agreement would be continued until cancelled by either party with 30 days notice. As a matter of protocol, Mayor Pringle suggested any future contract extension brought before Council provide detail on the value received by the City from these contracts. In this specific matter, Mayor Pringle moved to approve the extension and directed staff to put a one year limit on the amendment, seconded by Council Member Sidhu. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 15. Approve and authorize the City Attorney to execute the Attorney Services 5138 Agreement with Jones Day for legal services relating to existing class action litigation. City Attorney, Jack White reported that a class action lawsuit was filed by one of the former tenants of the Lincoln Inn and he recommended bringing in a firm which specialized in this field to quickly and expeditiously resolve the litigation. Responding to the question of how this individual was aggrieved, Mr. White explained the individual was injured in one of the common areas alleging that the Redevelopment Agency failed to properly maintain the common areas which caused detriment to all of the tenants residing there in the past. Council Member Galloway moved to approve Item No. 15, seconded by Council Member Kring. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 16. Authorize an increase in the Community Services Department's revenue and D106 expense appropriation by $34,000 for Fiscal Year 2007-08 for the Anaheim Tennis Center lease. Council Member Kring stated she had removed this item from the consent calendar to emphasize the success this operator has had in improving the tennis courts and increasing memberships. Mr. Morgan, City Manager, added that the renovation of the courts was complete and had dramatically improved the facilities and staff intended to host an event there to showcase the Center He added over the next 18 months, the operator would be making additional investments in the building itself. Community Services Director, Terry Lowe reported the membership had already doubled and was anticipated to double again by the end of next year. Mayor Pringle added as tennis was becoming more popular again, the City should continue to encourage the Anaheim High School District to open up their courts to the public; an ideal way to bring about additional recreational opportunities for the community at little cost. 5 Anaheim City Council Minutes of April 8, 2008 Page 6 Council Member Kring moved to approve Item No. 16, seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 20. Extend the Agreement with At-Your-Service-Hospitality, Inc., dated September 1941.0.01 16, 2002, for continued food and beverage services at the Anaheim Hills Golf Course, for one additional five year term. Terry Lowe, Community Services Director, remarked this item had been continued and was returning to Council for an extension of the existing agreement for food and beverage services at the Anaheim Hills Golf Course. He added a more comprehensive staff report had been prepared and provided to Council which compared similar facilities and had validated staff's recommendation to move forward with At-Your-Service Hospitality for an additional five years. Council Member Galloway asked the operator to address the Council and Orin Abrams responded indicating his services began before the clubhouse was remodeled and he was proud of the success he had achieved. He added that he lived and worked in the community and interacted with the guests that he served and looked forward to continuing his services. Each of the council members voiced their support for At-Your-Service Hospitality with Council Member Hernandez adding that he was impressed with the profitable numbers produced. Mayor Pringle remarked that the operation did well in comparison to other similar facilities and he hoped to expand some of the public space to maximize banquet use. Council Member Kring moved to approve Item No. 20, seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 27. RESOLUTION NO. 2008-032 A RESOLUTION OF THE CITY COUNCIL D160 OF THE CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a grant application on behalf of the City of Anaheim, with The General Mills Company, Hamburger Helper, authorizing the Chief to execute all required grant documents, and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for Fiscal Year 2008-09 accordingly. Police Chief, John Welter reported General Mills was offering a grant of $5,000 to $15,000 to help with community building and Anaheim was requesting $15,000 for homework assistance under the City's APAL and Junior Cadet Programs. Council Member Sidhu moved to approve RESOLUTION NO. 2008-032 OF THE CITY OF ANAHEIM authorizing the Chief of Police to submit a grant application on behalf of the City of Anaheim, with the General Mills Company, Hamburger Helper, authorizing the acceptance of such grant on behalf of the City and amending the budget for FY 2008-09 accordingly, seconded by Council Member Hernandez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 32. ORDINANCE NO. 6101 (INTRODUCTION) AN ORDINANCE OF THE C280 CITY COUNCIL OF THE CITY OF ANAHEIM amending various chapters of Title 6 Anaheim City Council Minutes of April 8, 2008 Page 7 18 of the Anaheim Municipal Code relating to errors, omissions, clarifications and updates (Zoning Code Amendment 2006-00052; Continued from Council meeting of March 18, 2008, Item #30). C.J. Amstrup, Planning Services Manager, announced the proposed ordinance was a result of City-initiated zoning code amendments intended to correct various errors and omissions, amend certain standards and add some new provisions to the code. He explained the ordinance had been continued from the previous Council meeting to allow for additional time for review of the amendments and also to allow staff to meet with a member of the public, Rick Julian, who expressed interest in the proposed standards for automated parking lifts. He indicated staff had met with Mr. Julian and further amendments to the proposed parking lift standards were added. He highlighted a few of the changes: For residential zones, the amendments included an addition of standards for roof-mounted solar energy panels and the addition of standards for the use of artificial turf currently not addressed. It also included amendments to permit encroachments into required setback areas; however, staff asked that this section of the ordinance be pulled to allow additional time to ensure the amendments were consistent with recently adopted building codes. Within the commercial and industrial zones, he reported, amendments were intended to provide for administrative approval ofground-mounted telecommunication antennas considered stealth or disguised, and required conditional use permits for business schools to match requirements for other educational institutions. An amendment to the Transition zone would require that conditional use permits considered in that zone only be allowed if the proposed use was consistent with the underlying general plan designation. He further stated that an amendment to the Mixed Use Overlay zone would now provide flexibility with respect to requirements that projects provide commercial uses along all street frontages. The proposed revision, he explained, would provide relief from this requirement in those instances where commercial uses along all street frontages were not appropriate or viable. As part of the amendments, staff recommended additional flexibility for parking standards in the City's historic districts and in those cases where code required parking would call for the removal of historic structures. The most notable change to parking standards, he pointed out, involved the addition of new regulations for mechanical parking lifts and automated parking systems. Under this proposal, he explained, lifts would be subject to final site plan review and approval and must be fully screened from public right-of-way and other properties by landscaping or other screening devices, subject to setbacks and height requirements. However, he added, legal nonconforming parking spaces in setback areas could be converted to lifts as long as they were not within the front setback area or in a setback area near single family residential zones or uses. In developing these standards, Mr. Amstrup pointed out, staff visited locations where lifts were currently in operation. Council Member Kring asked if the City was eliminating an earlier requirement for a conditional use permit for the automated lifts. Mr. Amstrup remarked no conditional use permits would be required but the lifts must be in an unenclosed parking system and subject to certain setbacks and screening. Council Member Kring was supportive of this solution to parking problems stating she felt the benefits outweighed any aesthetic concerns. 7 Anaheim City Council Minutes of April 8, 2008 Page 8 Council Member Sidhu asked if Fire Department's input had been received. Mr. Amstrup remarked there had been no dialogue with the Fire Department; however, the Building Department was looking at specific requirements for safety features such as mechanisms which would prevent the vehicles from being accidentally lowered. He stated that lifts were operated by use of a key. Mayor Pringle added that he encouraged this venture where appropriate but also wanted to ensure there were safety measures in place. Mr. Amstrup responded insuring safety precautions would be part of the Building Department plan check process. Mr. Amstrup ended his presentation noting that as part of the code update, the City's density bonus ordinance was reorganized and revised to make the chapter easier to understand and implement. After some discussion and clarification, Mayor Pringle recommended having scheduled zoning code review periods on an annual basis. Mr. Morgan added Council could adopt that request as a matter of policy. Mayor Pringle invited Mr. Rick Julian to comment on the code section related to automated parking lifts. Mr. Julian thanked Council for the opportunity to work with staff on this issue assuring Council the lifts now in service did not interfere with the radius of emergency vehicles. He also recommended several changes to the code requirements; such as, allow three story lifts by permitting one subterranean level (specifically for auto dealers); permit lifts near single family residents if residents approved in writing; and permit rows of lifts behind gated complexes if the set back is at least 100 feet from the gate. Council Member Sidhu asked how lifts were operated if power outages occurred; Mr. Julian indicated a technician would come on site and let the vehicles slowly down via a hydraulic valve. Mayor Pringle thanked Mr. Julian for bringing this operation to Council's attention and to staff for responding and understanding the issues. He felt comfortable with approving the amendments as currently written and to allow for an appeal or variance process should there be special circumstances as Mr. Julian identified. With Council's concurrence, the ordinance was introduced excluding the amendment to permit encroachments into required setback areas as requested by staff. 34. ORDINANCE NO. 6102 (INTRODUCTION) AN ORDINANCE OF THE M142 CITY OF ANAHEIM adding new Chapter 8.10 to Titfe 8 of the Anaheim Municipal Code relating to barking dog violations (last Council continuance at the meeting of September 25, 2007, Item #30). Mayor Pringle introduced Jennifer Phillips, Director of Orange County Animal Care, who had briefed Council on the barking dog program in 2007. Ms. Phillips provided Council with an update on the program. Mayor Pringle indicated he had supported joining with the County and changing Anaheim's ordinance as the current system was not working and also because there was a need to make dog owners responsible for dog nuisances. Ms. Phillips explained the program was designed to be expedient, fair and to provide resolution for the parties. The process would require an initial complaint, a second complaint after 10 days and an administrative hearing to insure due process for both parties. She reported it had been in effect for eight months and her department had over 940 complaints filed, with 70 citations resulting from those complaints. Of those, she 8 Anaheim City Council Minutes of April 8, 2008 Page 9 reported, less than half were found guilty and more than half were dismissed in the administrative hearing process. Council Member Hernandez indicated the current process often took up to a year for resolution and the new program was drafted to focus on expediency and fairness and an effective resolution to the complaints; he was supportive of the proposed ordinance. Council Member Kring questioned the cost of the program. Ms. Phillips responded that cost was based on usage and was estimated at $40,000 for the City. With 70 citations resulting from over 900 complaints, Ms. Kring asked how those other complaints were handled. Ms. Phillips indicated staff contacted the dog owners, asked how they could help and offered solutions to barking dog problems. If the dog owners were not at home during the home visit, a red bag containing the notice, tips on reducing barking, and a discussion about the potential citation was left for the dog owners asking them to contact their office. Council Member Sidhu indicated he preferred less government intrusion in these types of matters and he would not support this type of program involving one neighbor's word against another. After discussion on the merits of the program, Council Member Hernandez moved to introduce Ordinance No. 6102 AN ORDINANCE OF THE CITY OF ANAHEIM adding new Chapter 8.10 to Title 8 of the Anaheim Municipal Code relating to barking dog violations, seconded by Council Member Kring. Roll Call vote: Ayes - 3; Mayor Pringle, Council Members: Hernandez, and Kring. Noes - 2; Council Members Galloway and Sidhu. Motion Carried 35. Consider appointing a citizen to the Cultural and Heritage Commission to B105 complete the unexpired term of Gary Murray, term to expire June 30, 2009. APPOINTMENT: Travis Randel Council Member Kring nominated Travis Randel for the Cultural and Heritage Commission, remarked he had worked in the City of Riverside, been involved with their Planning Commission and Cultural Heritage Board. Council Member Hernandez offered Velma Shivers, highlighting her background in the health profession and the Orange County Council on Aging and LA Commission Youths at Risk. A straw vote for Travis Randel reflected: Ayes - 3: Mayor Pringle, Council Members Kring and Sidhu. Abstentions: 2: Council Members Galloway and Hernandez. The straw vote for Velma Schipley: reflected Ayes - 2: Council Members Galloway and Hernandez. Abstention - 3: Mayor Pringle, Council Members Kring and Sidhu. Mr. Randel was appointed to the Anaheim Cultural and Heritage Commission. 36. Discussion related to future Sister City activities. 0148 Mayor Pringle remarked he felt it was important for the Anaheim Sister City program to move forward with greater cooperation between the City and the Anaheim Sister City Association (ASCA) and to consider expanding the organization with future relationships. Toward that end, he shared his recommendations on the Anaheim Sister City Plan for discussion by Council and to be agendized at the next meeting for action. Anaheim Ciry Council Minutes of April 8, 2008 Page 10 The first recommendation was the creation of a Sister City Oversight Committee. Through a joint effort of the Anaheim Sister City Association, the City Council and the Anaheim Chamber of Commerce, the oversight committee would ensure cooperation for current and future sister city relationships. The next recommendation was for the establishment of a selection committee consisting of two members from ASCA, the City and the Chambers to make final determinations on new sister city relationships or changes to existing relationships. The third recommendation was to require the adoption of a five-year plan of action, evaluating existing relationships and setting criteria for adopting new relationships and to consider in particular, cities in Germany and in Mexico. The final recommendation was to honor the Mito, Japan relationship through various activities and events. Council Member Hernandez responded he was open to any suggestion to expand membership in the ASCA especially reaching out to schools and getting the youth involved to develop a larger membership base. He added the board was very dedicated but he felt membership expansion was key to making the program more effective. Council Member Kring was supportive of the effort to expand the program and of including Anaheim businesses. She added she would prefer working on the existing sister city relationships before bringing on new relationships. Council Member Galloway concurred in partnering the City along with a business component into the Sister City organization and for expanding relationships with cities with some commonality with Anaheim. Mayor Pringle thanked Council Member Galloway for bridging the gap between the ASCA, the Chambers and the City and asked that staff take a look at the proposed plan and share it with the ASCA and the Chambers before bringing it back to Council for consideration. PUBLIC HEARINGS: 37. CEQA STATUTORY EXEMPTION SECTION 21159.23 C300 (PUBLIC RESOURCES CODE -AFFORDABLE HOUSING) AND MISCELLANEOUS CASE NO. 2007-00233 OWNER: Anaheim Redevelopment Agency, 201 South Anaheim Boulevard #1003, Anaheim, CA 92805 AGENT: Jamboree Housing, 17701 Cowan Avenue #200, Irvine, CA 92614 LOCATION: Assessors Parcel Nos. 272-081-05, 07: Property is approximately 1.29 acres and is located west of the terminus of Glenoaks Avenue at the Greenleaf Avenue intersection having a 418 foot frontage on the west side of Greenleaf Avenue and east of the I-5 Freeway. REQUEST: Request for Planning Commission determination of conformance with Density Bonus Ordinance to construct a 53-unit affordable apartment complex with development incentives pertaining to structural height and a landscape setback requirement adjacent to the Interstate 5 Freeway. ACTION TAKEN BY THE PLANNING COMMISSION: VOTE: 7-0 on the following items: Approved CEQA Statutory Exemption Section 21159.23 Approved Miscellaneous Case No. 2007-00233, with added conditions (PC2008-35) (Planning Commission Meeting of March 3, 2008) (Appealed by applicant on March 5, 2008) 10 Anaheim City Council Minutes of April 8, 2008 Page 11 RESOLUTION NO. 2008-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Miscellaneous Permit No. 2007-00233 to construct a 53-unit affordable apartment complex with a density bonus and incentives pertaining to structural height and a landscape setback. C.J. Amstrup, Planning Services Manager, reported Jamboree Housing was proposing to build an affordable housing development based on the City's density bonus ordinance on a remnant parcel acquired by the Redevelopment Agency from the I-5 freeway widening project. That remnant parcel, he pointed out, had originally been developed with 70 apartment units. On March 3rd, he stated, the Planning Commission concluded that the request to construct the 53 unit affordable housing complex with Tier Two development incentives was in conformance with State density bonus law. An appeal was then filed by Jamboree Housing Corporation in order to set the item for a public hearing as soon as possible to allow them to apply for the next round of tax credits. Forty-four units were allowed by right and the density bonus of 20 percent would permit nine additional apartments, for a total of 53 units. The developers, he added, were required to provide a minimum of 11 units as affordable to very low income households. The apartment complex, he noted, would be a single building with one, two and three bedroom units and was consistent with state !aw which required cities to allow density bonuses, development incentives and reduce parking requirements for housing developments that provided affordable housing for very low to moderate income households. He explained how the incentives worked, indicating the Tier One incentives could be approved by staff but that the Tier Two incentives required a public hearing before the Planning Commission. For this specific project, three Tier One incentives and two Tier Two incentives were proposed. He indicated that the proposals had to be approved unless the City could make a finding that the incentive was not required in order to provide housing costs, rents or that the project would have specific adverse impacts on public health and safety or an adverse impact on physical environment. The first Tier II incentive was a reduction of the required landscaping setback along the southwest property line next to the freeway. The landscaped planter along the freeway ranged from 2 feet to 22 feet; 5 feet was required and the setback incentive was requested to allow the necessary turn-around area for trash and emergency trucks to encroach into the landscaped area. Staff did not feel there was any design alternative that could accommodate this requirement. The second Tier Two incentive related to the number of building stories. A four story building was proposed to accommodate the nine additional units and was designed to be compatible with the northerly single family neighborhood by keeping the building height nearest to those homes to three stories. The four story portion would be located next to the freeway and Greenleaf Avenue. Aesthetics and privacy impacts to adjacent residents would be minimal due to the distance from the adjacent property and the proposed landscaping. Without this additional story, he explained, it would not be possible to accommodate the requested density of units on this site. During the Planning Commission, the community expressed concerns about the increased traffic, traffic safety and neighborhood parking deficiencies and believed the proposed 53 units would exacerbate existing conditions. In response to these concerns, Mr. Amstrup commented staff had conducted additional analysis of the traffic issues. Traffic counts done in March showed Crescent Avenue was designed to carry 10,000 vehicles per day. The current counts indicated it carried 4,300 vehicles per day, or 43 11 Anaheim City Council Minutes of April 8, 2008 Page 12 percent of total capacity. Glen Oaks was designed to carry 3,000 vehicles per day but carried 4,700 vehicles and exceeded capacity by 50 percent. The heavier traffic, he stated, was partially attributed to drivers avoiding delays at the Euclid and Crescent Avenue intersection during peak hours. Since Anaheim had applied for funding to make intersection improvements at this particular intersection, traffic should then shift away from~Glen Oaks Avenue. He provided additional details to point out that the nine additional units would generate traffic only incrementally greater than what would be allowed by right for market-rate development on that site. Mr. Amstrup reported staff had met with the community in March to begin addressing parking deficiencies in this neighborhood and concurred it was a result of overcrowding of units and residents owning more vehicles than anticipated when the units were built. Potential solutions for those problems included permit parking and adding angled or 90 degree parking on some streets to increase street parking capacity. He indicated staff would be proposing a citywide neighborhood traffic management program to the Council in April which would help residents develop a traffic management plan and once approved, this neighborhood would be placed on a priority list to begin the implementation of programs to improve vehicle speeding, excessive traffic volumes and parking. He ended his presentation indicating Jamboree's pro forma confirmed that the requested incentives were needed to make the affordable housing units economically feasible and that staff recommended approval of the project. Mayor Pringle opened the public hearing. Laura Archuletta, Jamboree Housing Corporation, stated Jamboree's mission was to improve communities through the development of affordable housing including desirable resident services for those development complexes. She remarked Jamboree's portfolio in California was in excess of 5,000 units with close to 20,000 people living in their properties. The firm developed family housing, senior housing, first-time homebuyer developments, acquisition rehabilitation and also mobile home parks throughout the state. In Orange County, Jamboree was one of the largest affordable housing providers with developments in Santa Ana, Irvine, San Clemente, Laguna Beach, Mission Viejo, and Brea, and had a good track record of compiling the five to seven layers of financing developments, such as these, typically required. Specific to Anaheim, Jamboree broke ground on Monarch Pointe last year and was close to completing that development and would be breaking ground on the Diamond apartments in April. They also closed and were renovating the Bel'Age senior apartment complex and this new proposal would be their fourth venture in the City. Their role, she pointed out, would be the managing general partner. She indicated that a third party contractor would build the project and hold the asset over the long run and Jamboree would provide asset management oversight and oversight of the property management company. An intensive support services program would also be included to insure residents' needs were met. John Ocura, Jamboree Housing, commented that this property was a remnant parcel from the I-5 freeway widening project acquired by the City with the intent of developing affordable housing on that site. In 2006, Jamboree responded to the City's Request for Proposals and won the right to negotiate the development of that site and in 2007, Council approved an affordable housing agreement with the developer. Since then, he added, Jamboree worked with staff to refine the design and conducted extensive outreach to the community. The firm listened to the concerns raised and revised the project with the largest revision being to decrease the unit count by seven units from the 12 Anaheim City Council Minutes of April 8, 2008 Page 13 original total of 60 units. He emphasized tenant screening was rigorous and included credit checks, employment checks as well as criminal background screening. In all of their developments, he underlined Jamboree worked with local law enforcement to improve neighborhood safety and on-site resident services which would help maintain an on-going connection with their residents. Estella Rodriguez, resident, expressed concern over spillover parking pointing out the nearby Crescent apartments caused neighborhood parking problems and adding the Monarch Pointe apartments and this new housing development could only heighten the problem. She asked the developer to consider building more than one garage per unit. Alan Baldwin, Orange County Community Housing, spoke in support of this project, remarking it was an opportunity for the City to develop this site with the most reputable developer, a board of directors that served without pay, and staff and an on-site manager that would become part of the watchdog for that neighborhood. Amy Hoover, resident, opposed this project citing existing traffic and parking problems in the area and pointing to the high traffic accident incidents occurring on Crescent. Michele Hart, Orange County Business Council, commented this project met criteria to address the critical need to supply workforce housing in the County and that Jamboree had a track record of building quality homes and supported approval of the project. George Stroud, resident, Glen Oaks Homeowners Association, opposed this project stating that parking was so deficient in his neighborhood that residents were forced to park their cars at an adjacent shopping center. Glenda Drakin, resident, said title to this remnant parcel showed it was designated recreational use rather than residential and questioned the development of housing adjacent to freeways and resultant health hazards to its occupants. Dave Clark, resident, stressed the development was not appropriate for this property. Debbie Lawrence, resident, submitted a petition claiming 414 signatures asking Council to reconsider approving this project in their neighborhood due to parking, graffiti and speeding traffic impacts. Joe Sherzinger, resident, opposed this project stating it would compound the existing traffic and parking problems in the area. Jeremy Clandenni, Greenleaf Homeowners Association, also opposed the project as inappropriate for the neighborhood. Jennifer Nelson, resident, opposed the project stating it would add to the impacts the neighborhood already faced. Mark Lammers, resident, opposed the project citing crime, graffiti and other safety issues. Michael O'Brien, resident, opposed the project stating it would seriously and negatively affect the quality of life in this area. 13 Anaheim City Council Minutes of April 8, 2008 Page 14 Dolores Casino, resident, requested Council postpone this project until the effects of the Monarch Pointe development could be studied. Kathy Garrett, resident, opposed the project remarking the quality of life for the current residents would be impacted by adding more apartments to the mix. David Reyes, resident, urged Council to listen to the residents who live in this area before making their decision. Joseph Singh, resident, supported the project emphasizing Jamboree has set the bar high and was invited back into communities because they ran a successful operation. Caesar Covarrubias, Kennedy Commission, expressed gratitude to Council for taking an aggressive approach to providing housing opportunities in the city. He pointed out the two remnant parcels had been earmarked for affordable housing and would be developed by a company with the knowledge and creativity to make it work. Amin David, resident, supported the project stating it met the criteria for development and was an appropriate fit for the site. Eric Altman, OCCORD, supported this project stating it was clear that the neighborhood like others in Anaheim had parking, traffic, graffiti and other problems related to overcrowding and it was his belief that affordable housing was part of the solution that addressed those problems, not part of the cause. Carmen Gonzales, resident, opposed the project stating additional housing would increase the existing problems of parking, crime, traffic and graffiti. Laura Archuletta, responded to comments on the project and explained that the ground lease contained very specific provisions on how the property would be managed and spoke of how many occupants per unit. She stated that if mismanaged, the City could ultimately take over the lease. She added Jamboree took pride on the quality of construction and in providing housing that would increase the quality of life for its lower income residents. Mayor Pringle remarked that he had listened to the neighborhoods' concerns, comments from those that supported affordable housing and that he was very familiar with the area. He pointed out if it had not been for the widening of the I-5 freeway, the original 96 unit apartment complex would still be there and the 70 unit apartment complex formerly on the Monarch Pointe site would be there as well. He expressed concern about the impacts this neighborhood faced and believed part of the cause was when the City did not respond to the need to build housing in the decade of the 90's when Anaheim's population grew and overcrowding impacted communities. He stated he supported the project but the City should also address the neighborhoods' concerns by looking for ways to maximize parking in each of the complexes and to survey traffic movement to determine why local streets were being used rather than arterial streets. Council Member Kring commented on methods to control spillover parking, graffiti, absentee landlords and overcrowding within apartment complexes. She believed in affordable housing but also felt that this project was not appropriate for this neighborhood stating it was too tight of a fit. She felt efforts to first improve the neighborhood and get traffic and parking under control should be done before adding to the impacts. 14 Anaheim City Council Minutes of April 8, 2008 Page 15 Council Member Galloway remarked Anaheim needed housing opportunities for all income levels and since the majority of jobs in the City were lower income jobs, there was an increased need for affordable housing. She pointed out Jamboree had a stellar reputation for providing not only quality housing but on-site management and support programs for the residents. She added this project would become part of the community and an asset to the City and that she would support it. Council Member Hernandez was supportive of this project which provided quality housing with on site management and on site programs for its residents. Council Member Sidhu moved to approve RESOLUTION NO. 2008-037 OF THE CITY OF ANAHEIM approving Miscellaneous Permit No. 2007-00233 to construct a 53-unit affordable apartment complex with a density bonus and incentives pertaining to structural height and a landscape setback; seconded by Council Member Hernandez. Roll Call vote: Ayes - 4; Mayor Pringle, Council Members: Galloway, Hernandez, and Sidhu. Noes - 1; Council Member Kring. Motion Carried After a brief recess, Council returned for the following public hearing: 38. THE PLATINUM TRIANGLE EXPANSION PROJECT C330 SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 334 MITIGATION MONITORING PROGRAM NO. 1066 INCLUDING THE PLATINUM .TRIANGLE WATER ASSESSMENT STUDY (MISCELLANEOUS CASE NO.2007-00218) GENERAL PLAN AMENDMENT NO. 2007-00454 MISCELLANEOUS CASE NO. 2007-00188 (AMENDMENTS TO THE PLATINUMTRIANGLE MASTER LAND USE PLAN) ZONING CODE AMENDMENT NO. 2007-00056 (AMENDMENTS TO THE PLATINUM TRIANGLE MIXED USE OVERLAY ZONE) ZONING RECLASSIFICATION NO. 2007-00196 MISCELLANEOUS CASE NO. 2007-00203 (AMENDMENT TO THE PLATINUM TRIANGLE STANDARDIZED DEVELOPMENT AGREEMENT FORM) LOCATION: The Platinum Triangle -approximate 820-acres, generally located east of the Interstate 5 Freeway, west of the Santa Ana River channel and SR- 57 Freeway, south of the Southern California Edison easement and north of the Anaheim City limit. REQUEST: The Platinum Triangle Expansion Project is a City Council initiated request to increase the permitted amount of residential, commercial, office and institutional development in The Platinum Triangle as follows: Residential units -increase from 10,266 to up to 18,363 Commercial square feet -increase from 2,264,400 to up to 5,657,847 Office square feet -increase from 5,055,550 to up to 16,819,015 Institutional square feet -designate up to 1,500,000 square feet for ARTIC. General Plan Amendment (GPA2007-00454) - To amend the City of Anaheim General Plan to increase the permitted development intensities in The Platinum Triangle Mixed Use, Office High and Office Low land use designations; redesignate approximately 67 acres from the Office High land use designation to the Mixed Use designation; redesignate approximately 126 acres from the Office High and Office Low land use designations to the Mixed Use designation; redesignate approximately 17 acres from the Institutional land use designation to the Mixed Use designation; add The Platinum Triangle Mixed Use Overlay 15 Anaheim City Council Minutes of April 8, 2008 Page 16 Zone, Office District as an implementation zone for The Platinum Triangle Office High and Office Low land use designations; remove the FAR (Floor Area Ratio) requirement for Mixed Uses and Office Uses in The Platinum Triangle since the maximum intensities for these uses are identified in the General Plan and The Platinum Triangle Master Land Use Plan; allow conversion between land use types provided that the conversion is within the parameters of EIR No. 334; amend the Circulation Element (Figure C-1) to modify the designations of streets within The Platinum Triangle (Katella Avenue between Manchester Avenue and Anaheim Way; Douglass Road between Katella Avenue and the SR-57 undercrossing; Rampart Street between Orangewood Avenue and the South City Limits adjacent to the City of Orange; West Dupont Drive between Orangewood Avenue and South Dupont Drive; South Dupont Drive between West Dupont Drive and West Towne Centre Place; South Towne Centre Place between West Towne Centre Place and Rampart Street) and extend the Class II Bikeway on Orangewood Avenue from east of State College Boulevard to West Dupont Drive and add the Class II Bikeway to West Dupont Drive, South Dupont Drive and West Towne Centre Place to Rampart Street; and, amend the General Plan for internal consistency to reflect the amendments to The Platinum Triangle. Amendment to The Platinum Triangle Master Land Use Plan (MIS2007- 00188) - To reflect changes identified in GPA2007-00454; adjust the boundaries of the PTMU Overlay Zone to create the Orangewood, ARTIC (including the proposed Anaheim Regional Transportation Intermodal Center) and Office Districts and expand the Katella District; and, reflect technical refinements and clarifications including, but not limited to, refinements to street cross-sections, density descriptions and exhibits. Zoning Code Amendment (ZCA2007-00056) - To amend the Zoning Code (Chapter 18.20 (The Platinum Triangle Mixed Use Overlay) of Title 18 of the Anaheim Municipal Code) to reflect changes identified in GPA2007-00454 and the amendment to The Platinum Triangle Master Land Use Plan; establish and create zoning standards for three new PTMU Overlay Districts (the Orangewood, ARTIC and Office Districts); modify zoning standards including, but not limited to, setbacks and parking structure requirements; and, include a requirement that owners of property in the PTMU Overlay Zone, Office District enter into a standard form of a Development Agreement with the City of Anaheim to implement permitted and conditionally permitted uses. Zoning Reclassification (RCL2007-00196) - To reclassify approximately 210 acres to The Platinum Triangle Mixed Use (PTMU) Overlay Zone. In 2004, the Anaheim City Council approved resolutions of intent per City Council Resolution No. 2004-180 to change the zoning designations of approximately 193 acres in The Platinum Triangle designated for Office High and Office Low land uses on the General Plan to the corresponding O-H (Office High) and O-L (Office Low) Zones with an overall limit of 1,735,000 square feet of office uses. This reclassification is proposed to rescind those previously-approved resolutions of intent and rezone those properties to the PTMU Overlay Zone. The underlying zoning designations of those properties (i.e., Industrial, Transition, General Commercial and Office High Zones) would remain the same. This reclassification is also proposed to change the zoning on an approximate 17 acre property located at 1750 and 1790 South Douglass Road from T (Transition) and I (Industrial) to T (Transition) PTMU Overlay Zone. Amendment to The Platinum Triangle Development Agreement Form (MIS2007-00203) - To amend the form of the standardized Development Agreement for the PTMU Overlay, Mixed Use Districts to include the Updated 16 Anaheim City Council Minutes of April 8, 2008 Page 17 and Modified Mitigation Monitoring Program No. 1066, editorial refinements and updated fees and to create a standardized Development Agreement form for the PTMU Overlay Office District. Water Supply Assessment (MIS2007-00218) - A request that City Council adopt a water supply assessment prepared for the project as required by Section 10910 of the California Water Code. CEQA DSEIR No. 334 and Updated and Modified Mitigation Monitoring Program (MMP) No. 1066 - To certify SEIR No. 334 including adoption of a Statement of Findings of Fact, a Statement of Overriding Considerations and Updated and Modified MMP No. 1066. DSEIR No. 334 has been prepared to serve as the primary environmental document for the proposed project actions and subsequent actions implementing the General Plan, The Platinum Triangle Master Land Use Plan, the PTMU Overlay Zone and The Platinum Triangle Standardized Development Agreements. ACTION TAKEN BY THE PLANNING COMMISSION: VOTE: 6-0 (Commissioner Velasquez abstained) on the following items: Certified Subsequent Environmental Impact Report No. 334, including adoption of a Statement of Findings of Fact, a Statement of Overriding Considerations, Mitigation Monitoring Program No. 106b and the Water Assessment Study (Miscellaneous Case No. 2007-00218) Recommended City Council approval of General Plan Amendment No. 2007- 00454 Recommended City Council approval of Amendments to the Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2007-00188} Recommended City Council approval of Amendments to Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone} of Title 18 of the Anaheim Municipal Code) (Zoning Code Amendment No. 2007-00056) Approved Zoning Reclassification No. 2007-00196 Recommended City Council approval of Amendment to the Platinum Triangle Standardized Development Agreement Form (Miscellaneous Case No. 2007- 00203) Requested City Council review of the Commission's decisions on Subsequent Environmental Impact Report No. 334, Zoning Code Amendment No. 2007- 00056 and Zoning Reclassification No. 2007-00195. (Planning Commission meeting of December 10, 2007). ACTION TAKEN BY THE CITY COUNCIL: VOTE: 4-1 (Council Member Galloway voted no) on the following items: Certified Subsequent Environmental Impact Report No. 334, including adoption of a Statement of Findings of Fact, a Statement of Overriding Considerations, Mitigation Monitoring Program No. 106b and the Water Assessment Study (Miscellaneous Case No. 2007-00218) Approved General Plan Amendment No. 2007-00454 Approved Amendments to the Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2007-00188) Introduced an ordinance to amend Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 of the Anaheim Municipal Code) (Zoning Code Amendment No. 2007-00056)-Ordinance adopted (City Council meeting of December 18, 2007) Approved an amendment to Resolution No. 2004-180 to amend the resolution of intent to reclassify certain properties in The Platinum Triangle (Reclassification No. 2007-00196) Introduced an ordinance to reclassify various properties within The Platinum Triangle to the Platinum Triangle Mixed Use (PTMU) Overlay Zone 17 Anaheim City Council Minutes of April 8, 2008 Page 18 (Reclassification No. 2007-00196}-Ordinance adopted (City Council meeting of December 18, 2007} Approved amendments to the Platinum Triangle Standardized Development Agreement Form (Miscellaneous Case No. 2007-00203) (City Council meeting of December 11, 2007}. RESOLUTION NO. 2008-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) certifying Final Subsequent Environmental Impact Report No. 2006-00334, (ii) adopting findings of fact and statement of overriding considerations in connection therewith, (iii) adopting updated and modified Mitigation Monitoring Program No. 106b, and (iv) adopting the water supply assessment for the project. RESOLUTION NO. 2008-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving General Plan Amendment No. 2007-00454, pertaining to the Land Use Element, Circulation Element, Green Element and Public Services and Facilities Element. RESOLUTION NO. 2008-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving amendments to The Platinum Triangle Master Land Use Plan (Miscellaneous Case Number 2007-00188). ORDINANCE NO. 6103 (INTRODUCTION) ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 18.20 of Title 18 of the Anaheim Municipal Code relating to zoning and development standards (Zoning Code Amendment No. 2007-00056). RESOLUTION NO. 2008-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM rescinding, in part, Resolution No. 2004-180 and finding and determining that the zoning map referred to in Title 18 of the Anaheim Municipal Code should be amended and that the boundaries of certain zones should be changed (Reclassification No. 2007-00196). ORDINANCE NO. 6104 (INTRODUCTION) ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating zoning (Reclassification No. 2007-00196). RESOLUTION NO. 2008-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amendment to the Standard Development Agreement for The Platinum Triangle (Miscellaneous Case No. 2007-00203). City Attorney, Jack White reported that the Platinum Triangle expansion project had immediately been scheduled for Council consideration after the Planning Commission had taken action last December. A hearing was then held by Council and the matter was considered and action was taken by the Council at that time. After Council's actions, the City received an appeal of the Planning Commission's decision, timely filed, and in consideration of that appeal and of the litigation filed by the proposed appellant when the appeal was rejected, it was felt to provide fairness and to avoid the need to litigate that issue and to further delay the actions that would be taken on this project on which other City projects were awaiting and dependent, that it would be prudent for Council to honor the appeal and schedule a De Novo hearing on the appeal. Council 18 Anaheim City Council Minutes of April 8, 2008 Page 19 would be considering this project and Council actions on this night would supersede any actions previously taken by Council. CJ Amstrup, Planning Services Manager, stated the Platinum Triangle expansion proposal would allow more than 18,000 residential units, allow over 5.5 million square feet of commercial development, and allow nearly 17 million square feet of office development and up to 1.5 million square feet of institutional development to accommodate the proposed Anaheim Regional Transportation Intermodal Center (ARTIC). Since approval of the Platinum Triangle Master Land Use Plan in 2004, the amount of development proposed for this area exceeded the amount anticipated which required a number of amendments to increase the allowable development and boundaries of the mixed use district. He indicated an environmental impact report (EIR) had been prepared to evaluate the impacts of the proposed expansion and to identify necessary infrastructure and improvements. The facilities needed to support the proposed project, he pointed out, included an additional fire station, an electrical substation, a library and a water well. Additional improvements to water, electrical, storm drain, sewer, streets and freeway facilities were also needed and would be funded primarily through development fees or a community facilities district for the Platinum Triangle, if approved. The proposed project, he stated, furthered the goals and policies of the General Plan and would provide additional development opportunities to continue the orderly development within the Platinum Triangle, including ARTIC. He ended his presentation stating staff recommended Council approve the Platinum Triangle expansion. Council Member Kring asked if there were any plans for a future school. Susan Kim, Planning Department, responded the current mitigation for the school district was that any developer in the Platinum Triangle paid school fees and there was also mitigation contained in the EIR which required the City to act cooperatively with the school district to find a suitable site but that it was up to the school district to acquire the sites. Mayor Pringle asked the City Manager if any school sites had ever been identified by the City in the past. Mr. Morgan, City Manager, responded the City had not identified any sites for any school district and that the process had been that the school district collected any developers' fees and that site purchase had been the responsibility of the school districts. Mayor Pringle opened the public hearing. Estella Rodriguez, retired school teacher, expressed concern over the need for neighborhood schools within the Platinum Triangle. As the EIR stated, housing within the Platinum Triangle would generate almost 10,000 school aged children, she asked what the City was doing to honor the commitment to identify school sites. Carol Rainbow, retired teacher, also expressed concern over the need for neighborhood schools and suggested the developer could be part of the solution if encouraged by the City. Hannah Laughter, resident, member of Orange County Community Benefits Coalition (OCCBO), urged responsible development in the Platinum Triangle to include a healthier balance of affordable housing as well as parks and open space and neighborhood schools. She expressed concern that the expansion would impact traffic and create an added housing imbalance. Amin David, member of the OCCBO, called for responsible development in the Platinum Triangle to include accessible affordable housing, good jobs with benefits, parks and 19 Anaheim City Council Minutes of April 8, 2008 Page 20 open space, neighborhood schools, and quality affordable child care. He asked what progress had been made to identify school sites for that area. Kevin Simms, representing Anaheim Firefighters, warned of the need for funding fire equipment and apparatus along with the new fire station. He added this was the first fire station to be built in Anaheim in years and that staff had proposed the construction of three to handle the population growth. Mayor Pringle responded there was an in-depth list of infrastructure that was part of the Platinum Triangle expansion which included equipment and apparatus funded by the community facilities district formed by the residents of the Platinum Triangle. Martin Lopez, United Here/OCCBO, remarked the EIR stated the Platinum Triangle expansion would create moderate and upper level housing and was responsible to the needs of employees in the Anaheim Resort. He indicated that statement was not accurate and most families do not come close to earning moderate incomes of $63,000 per year or more. Professor Scott Boland, UClrvine, remarked the Platinum Triangle expansion would create a significant job-to-housing imbalance and increase traffic congestion by creating a work force that did not live close to home. He added that building affordable housing in new development areas where no current neighbors existed was easier politically than housing them near existing developments. He urged Council to site affordable housing next to ARTIC. Joseph Singh urged Council to implement smart growth policies as previous outlined by speakers. Izkeiel Gutierrez, Planning Law Center, urged smart growth planning for the Triangle by citing affordable housing in that area to alleviate the jobs-to-housing imbalance and utilizing strong public participation in the development of the plan. Eric Altman, OCCBO, stated smart growth was about insuring all neighborhoods had quality public schools, families had transportation options and a variety of housing choices and available good jobs. He added with proper planning and affordable housing the quality of life for residents would not be sacrificed and participation with the Community Benefits Coalition would make the Platinum Triangle a better place for the community. Tom Rizutti, Anaheim City School District, indicated the developer fees would be used as a resource in planning for schools within the Platinum Triangle. He added the fees were capped and did not take into account land values which were high in the Platinum Triangle. He indicated the District recognized that providing school facilities was their responsibility and challenge and he hoped developers could come up with a creative solution to benefit all. Tafari Gebre, Orange County Labor Council, urged Council to provide affordable housing and good jobs as the Platinum Triangle was developed and the Labor Council would join in realizing Council's vision. Caesar Covarrubias, OCCBO, pointed out by modifying the Platinum Triangle plan and adding densities, Council would be limiting the possibility of including any other issues that need to be addressed and driving the price of land even higher. He believed the Platinum Triangle would play a part in reaching RHNA goals and meeting those goals in 20 Anaheim City Council Minutes of April 8, 2008 Page 21 a balanced fashion. He urged Council to partner with others in the planning process for the Platinum Triangle. Cory Briggs, attorney for appellant, voiced his objections to tonight's hearing and asked that it be continued stating his client's due process rights would be violated and explaining the basis for that statement. He submitted comments in writing for the record. With no other public comments offered, Mayor Pringle closed the public hearing. Mr. White clarified and repeated his opening comments that the purpose of tonight's hearing was a De Novo hearing based upon the appeal of Mr. Briggs and his client of the Planning Commission's decision in December 2007 on Platinum Triangle expansion project. He assured Mr. Briggs that this was a fair hearing and any decision the Council made this evening, to approve or deny the project, would supersede the prior action of the City Council. Mayor Pringle stated he heard the statements of individuals who spoke on this matter and of the concerns raised. He pointed out the City had imposed the highest level of park fees in the Platinum Triangle than any other areas of the City and had moved forward with current projects that were being developed under prior guidelines for the Platinum Triangle. He pointed to the Burris Pit, a full public access community park area along the river which was being developed and the multiple areas in the Platinum Triangle being considered for open space or park lands within different developments. He added when it came to housing development and the mix of housing type, he believed there would ultimately be a mix and that the City would not look to restrict housing development in this area. He pointed out the affordable housing opportunities which came about had done so when the City was able to purchase land and that the only land owned by the City in the Platinum Triangle was the Angel Stadium parking lot which has a restriction on any housing on that property until 2035, unless agreed to by the leaseholder, Angel Baseball organization. The housing developed in the Platinum Triangle had been under a free market context and he indicated some apartments would qualify under moderate level housing prices. He also pointed out there were properties that would remain zoned not for mixed use purposes and many of those areas would be adjacent to housing developments and could be considered for school sites if one of the school districts stepped forward and determined there was a need for a new school. He added the City was open to any discussion with school districts and he had suggested that to both school superintendents. Council Member Galloway felt it was incumbent on Council to deal with issues which affect the City's future and she had many concerns on many of the issues identified during this hearing. She felt the City should address the jobs-to-housing imbalance identified in the EIR rather than leaving it to the developers' as to what type of development to offer. Council Member Kring commented that increasing the density was the only way the City could implement projects such as ARTIC, which was a key component to mobility and transportation issues in Anaheim and in Orange County. Council Member Kring moved to approve the Platinum Triangle expansion project by adopting the following: 1) RESOLUTION NO. 2008-038 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) certifying Final Subsequent Environmental Impact Report No. 2006-00334, (ii) adopting findings of fact and statement of overriding considerations in connection therewith, (iii) adopting updated and modified Mitigation Monitoring Program No. 106b, and (iv) adopting the water supply assessment for the project; 2) RESOLUTION NO. 2008-039 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving General Plan 21 Anaheim City Council Minutes of April 8, 2008 Page 22 Amendment No. 2007-00454, pertaining to the Land Use Element, Circulation Element, Green Element and Public Services and Facilities Element; 3) RESOLUTION NO. 2008-040 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving amendments to The Platinum Triangle Master Land Use Plan (Miscellaneous Case Number 2007-00188); 4) Introducing ORDINANCE NO. 6103 OF THE CITY OF ANAHEIM amending Chapter 18.20 of Title 18 of the Anaheim Municipal Code relating to zoning and development standards (Zoning Code Amendment No. 2007-00056); 5) RESOLUTION NO. 2008-041 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM rescinding, in part, Resolution No. 2004-180 and finding and determining that the zoning map referred to in Title 18 of the Anaheim Municipal Code should be amended and that the boundaries of certain zones should be changed (Reclassification No. 2007- 00196); 6) introducing ORDINANCE NO. 6104 OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating zoning (Reclassification No. 2007-00196); and 7) RESOLUTION NO. 2008-042 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amendment to the Standard Development Agreement for The Platinum Triangle (Miscellaneous Case No. 2007- 00203); seconded by Council Member Sidhu. Roll call vote: Ayes - 4: Mayor Pringle, Council Members: Kring, Hernandez and Sidhu. Noes - 1: Council Member Galloway. Motion Carried. Report on Closed Session Actions: None Council Communications: Council Member Hernandez commented on the ceremony adopting the 13th Marine Expeditionary Unit and the dedication to Gene Autry on the Anaheim/Orange County Walk of Stars. He also commended the Public Utilities Department for successfully meeting and exceeding the standards of the Federal Electric Reliability Standards. Council Member Galloway reported on the recent hazardous materials fire and injured Anaheim firefighters and the risk the City's public safety personnel take on behalf of the community. Council Member Kring congratulated Community Services staff for being recognized by the Anaheim Union High School District for their outstanding service and also commented on the success of the 2"d Annual Health Fair, thanking Council Member Sidhu for his efforts behind the event. She indicated over 1,000 people came for health checks at the community center. Council Member Sidhu requested the June 17th meeting be rescheduled to June 24th due to a conflict in his schedule. Mayor Pringle responded council would respond after checking their calendars. He thanked staff and the health professionals for putting on a successful health fair for the community. Mayor Pringle reported on Governor Schwarzenegger's visit to Anaheim and thanked staff for their assistance during that time. He also reported on his meeting with the Director of Caltrans regarding ARTIC and displayed a flag, presented by the 13th Marine Expeditionary Unit, which would be showcased in City. 22 Anaheim City Council Minutes of April 8, 2008 Page 23 Adjournment: With the consent of Council, Mayor Pringle adjourned the meeting at 11:02 P.M. Respectfully submitted, ~~ Linda N. Andal, City Clerk 23