2008/10/14ANAHEIM CITY COUNCIL REGULAR AND
REGULAR ADJOURNED MEETING OF OCTOBER 14, 2008
The regular meeting of October 14, 2008 was called to order at 3:00 P.M. in the Chambers of
Anaheim City Hall located at 200 South Anaheim Boulevard and adjourned to 4:30 P.M. for
lack of a quorum. The regular adjourned meeting of October 14, 2008 was called to order by
Mayor Pringle at 4:33 P.M. A copy of the agenda was posted on October 10, 2008 on the
kiosk outside City Hall.
PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez,
Lucille Kring and Harry Sidhu.
STAFF PRESENT: City Manager Dave Morgan, City Attorney Jack White, and City Clerk
Linda Andal.
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
Council recessed to closed session for the following items:
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Linton v. City of Anaheim, et al., Orange County Superior Court Case
No. 070009529.
2. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Lauren Allee and Amanda Hall v. City of Anaheim, et al., Orange
County Superior Court Case No. 070003831.
3. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Holguin v. City of Anaheim, Orange County Superior Court Case No.
070009321.
At 5:17 P.M., Council reconvened from closed session for the remainder of the agenda.
Invocation: Pastor Mark Bradaric, Magnolia Baptist Church
Flag Salute: Council Member Harry Sidhu
Presentations: Recognizing long term City of Anaheim employees -Walter Jerz, Human
Resources Department, introduced and recognized a number of employees reaching 25, 30
and 35 year milestones.
City Council Minutes of October 14, 2008
Page 2 of 13
Acceptance of Other Recognitions (To be presented at a later date)'
Recognizing Greg Smith on his retirement from the City of Anaheim
Recognizing the Orange County Hispanic Education Endowment Fund
2008 Apple of Gold Recipients
Proclaiming October 24, 2008 as Developmental Disabilities Day
Proclaiming October 19, 2008 as National Save for Retirement Week -
Cathy Woodard, City Treasurer's Office, thanked Council for their support of the City's
Deferred Compensation Program and announced workshops scheduled for employees
preparing for retirement.
ADDITIONS/DELETIONS TO THE AGENDA: Item No. 28 deleted from the agenda by
staff.
PUBLIC COMMENTS (all items except public hearings):
James Robert Reade, resident, addressed his comments to impacts of the Golden Skies
Mobile Home Park litigation.
Amin David, resident, reported on the September 20th volunteer event held to gain an
understanding and find solutions to the graffiti in the City.
William Fitzgerald, resident, addressed health problems resulting from continual fireworks
displays.
Ross Romero, Anaheim realtor, commented on traffic congestion on State College Boulevard
stating synchronization of traffic signals was a simple solution to traffic on State College
Boulevard or any major corridor. Mayor Pringle responded Measure M 2 funds were
earmarked for traffic light synchronization on many of the major roads in Orange County and
commented on the Euclid Street Pilot Project and its results. He requested the Public Works
Director provide Orange County Transportation Authority's traffic light synchronization
schedule to Mr. Romero.
CONSENT CALENDAR: Council Member Galloway removed Item No. 7 from the consent
calendar and Mayor Pringle removed Item No. 21. Council Member Kring moved to waive
reading in full of all ordinances and resolutions and adopt the balance of the consent
calendar in accordance with the reports, certifications and recommendations furnished each
council member and as listed on the Consent Calendar, seconded by Council Member
Sidhu. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez,
Kring and Sidhu. Noes - 0.
1. Receive and file minutes of the Public Utilities Board meetings of April 3, 2008, May
B105 8, 2008, June 12, 2008 and July 10, 2008 and Park and Recreation Commission
meeting of August 27, 2008.
2. Review the need for continuing the local emergency heretofore proclaimed by the
B175 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
City Council Minutes of October 14, 2008
Page 3 of 13
Anaheim, and, by motion, determine that the need for continuing the local emergency
exists.
3. Award the contract to the lowest responsible bidder, Engineered Pipeline, Inc., in the
5394 amount of $369,000, for the Pressure Regulating Station No. 68 and Langtree Lane
water main replacement and authorize the Finance Director to execute the Escrow
Agreement pertaining to contract retentions.
4. Award the contract to the lowest responsible bidder, Richard Lopez Construction, in
5395 the amount of $231,148, for the Rio Vista Park Street Lighting Project and authorize
the Finance Director to execute the Escrow Agreement pertaining to contract
retentions.
5. Award the contract to the lowest responsible bidder, Garcia Juarez Construction, Inc.,
5396 in the amount of $392,018, for the Citywide Sanitary Sewer Improvement Project,
Group 3 - La Palma Avenue Phase I and authorize the Finance Director to execute
the Escrow Agreement pertaining to contract retentions.
6. Award the contract to the lowest responsible bidder, Garcia Juarez Construction, Inc.,
5397 in the amount of $586,941, for the Citywide Sanitary Sewer Improvement
Program/Projects, Group 3 -Citron Street and Vermont Avenue, and authorize the
Finance Director to execute the Escrow Agreement pertaining to contract retentions.
8. Determine, on the basis of the evidence submitted by The Hanover Company, that
3621 the property owner has complied in good faith with the terms and conditions of
Development Agreement No. 2005-00005 for the 2007-2008 review period for the
"1818" project in The Platinum Triangle.
9. Determine, on the basis of the evidence submitted by West Millennium Homes, that
3639 the property owner has complied in good faith with the terms and conditions of
Development Agreement No. 2005-00007 for the 2007-2008 review period for The
Platinum Triangle Condominium project.
10. Determine, on the basis of the evidence submitted by Avalon Bay Communities, Inc.,
3671 that the property owner has complied in good faith with the terms and conditions of
Development Agreement No. 2005-00004 for the 2007-2008 review period for the
"2100" at Platinum Triangle project at The Platinum Triangle.
11. Approve the Agreement for Acquisition of Real Property with Brenda T. Frantela, in
5399 the acquisition payment amount of $33,744.44, for property located at 1776 South
Dallas Drive, Unit A, for the Katella Avenue Smart Street Project -Humor Drive to
Jean Street (R/VI/ ACQ2005-00247).
12. Approve the Agreement for Acquisition of Mobile Home and Improvements with
5400 Plantation Mobile Estates, in the acquisition payment amount of $11,600, for one
mobile home located at 1835 South Manchester Avenue, Space No. 75, for Gene
Autry Way (West)/I-5 Freeway highway project.
13. Approve the Attorney Services Agreement with Manatt, Phelps & Phillips, LLP to
5401 provide attorney services in connection with the negotiation and legal documentation
City Council Minutes of October 14, 2008
Page 5 of 13
24. ORDINANCE NO. 6114 (ADOPTION) AN ORDINANCE OF THE CITY OF
C280 ANAHEIM amending the Zoning Map Referred to in Title 18 of the Anaheim Municipal
Code relating to Zoning (Reclassification No. 2008-00216; 752-770 North East Street;
Introduced September 30, 2008, Item No. 25).
25. ORDINANCE NO. 6115 (ADOPTION) AN ORDINANCE OF THE CITY OF
C280 ANAHEIM amending various Chapters of Title 18 of the Anaheim Municipal Code
relating to errors, omissions, clarifications and updates (Zoning Code Amendment No.
2008-00064; Introduced September 30, 2008, Item No. 26).
26. ORDINANCE NO. 6116 (ADOPTION) AN ORDINANCE OF THE CITY OF
C280 ANAHEIM amending section 7.24.060 of Chapter 7.24 of Title 7 of the Anaheim
Municipal Code and amending Table 4-J of section 18.04.100 of Chapter 18.04,
Table 8-B of section 18.08.030 of Chapter 18.08, Table 10-A and 10-B of section
18.10.030 of Chapter 18.10, adding a new subsection .120 to section 18.10.030 of
Chapter 18.10, adding a new section 18.38.245 to Chapter 18.38, amending
subsection .130 of section 18.46.110 of Chapter 18.46, deleting Appendix C and D of
Chapter 18.46, amending subsection .010 of section 18.48.020 of Chapter 18.48,
subsection .030 of section 18.48.040 of Chapter 18.48, subsection .040 of section
18.52.030 of Chapter 18.52, subsection .020 of section 18.52.110 of Chapter 18.52,
deleting subsection .030 of section 18.52.110 of Chapter 18.52, amending subsection
.050 of section 18.62.045 of Chapter 18.62, and subsection .060 of section 18.62.060
of Chapter 18.62 of Title 18 of the Anaheim Municipal Code, respectively (Zoning
Code Amendment No. 2008-00067; Introduced September 30, 2008, Item No. 27).
27. ORDINANCE NO. 6117 (ADOPTION) AN ORDINANCE OF THE CITY OF
C420 ANAHEIM amending Ordinance No. 5454, as previously amended, relating to the
Anaheim Resort Specific Plan (Amendment No. 12 to the Anaheim Resort Specific
Plan No. 92-2; Introduced September 30, 2008, Item No. 31 ).
28. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM adding Chapter 6.45 to Title 6 of the Anaheim Municipal Code regarding
abandoned and distressed residential properties and establishing a registration
program.
De/efed from agenda by sfaff.
29. Approve minutes of the Council meeting of September 30, 2008.
END OF CONSENT CALENDAR
7. Award the contract to the lowest responsible bidder, Hondo Company, Inc., in the
5398 amount of $56,742, for the new monument sign at 8165 E. Santa Ana Canyon Road
and remodel of the existing monument sign at 8201 E. Santa Ana Canyon Road.
Council Member Galloway requested additional details on this item. City Manager Dave
Morgan stated the new monument sign was for the City facility on Santa Ana Canyon Road
near the Festival Center. He explained that area had contained a police station and a
community center and in recent years, a library and gymnasium had been added. The
existing sign demarking the Police Station and the Community Center would be modified to
include identification of the library. There would also be an additional monument sign to
City Council Minutes of October 14, 2008
Page 6 of 13
identify the gymnasium. He added these funds were realized from park development dollars
remaining from the gymnasium project.
Council Member Galloway supported this effort, emphasizing identification of the library and
the gymnasium was needed and moved to approve Item No. 7, seconded by Council
Member Kring. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway,
Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
21, RESOLUTION NO. 2008-171 A RESOLUTION OF THE CITY COUNCIL OF THE
5407 CITY OF ANAHEIM to adopt a Cooperative Agreement between the City of Anaheim
5408 and Orange County Transportation Authority for Rail-Highway grade crossing safety
enhancements and safety measures related to Quiet Zone implementation for cities
for improvements at State College Boulevard, Ball Road, La Palma Avenue,
Sycamore Street, East Broadway, Santa Ana Street, East South Street, Vermont
Avenue, Cerritos Avenue, Orangethorpe Avenue, La Palma Avenue, Jefferson Street,
Miraloma Avenue and Tustin Avenue.
RESOLUTION NO. 2008-172 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM to adopt a Construction and Maintenance Agreement between
the City of Anaheim and Southern California Regional Rail Authority for Rail-Highway
grade crossing safety enhancements and safety measures related to Quiet Zone
implementation for cities for construction and maintenance at State College
Boulevard, Ball Road, La Palma Avenue, Sycamore Street, East Broadway, Santa
Ana Street, East South Street, Vermont Avenue, Cerritos Avenue, Orangethorpe
Avenue, La Palma Avenue, Jefferson Street, Miraloma Avenue and Tustin Avenue.
Mayor Pringle brought this information to the attention of the community as it resulted from a
lengthy process to establish safety and quiet zones in 14 grade crossings along the LOSAN
train corridor through the City. He added OCTA was to pay for safety modifications at each
of those sites with matching City funds and municipalities could then take the next step to
advance to the Quiet Zone program and reduce the impact of train horns and whistles on
residents. Speaking to the question of liability to the City, City Attorney Jack White confirmed
that he felt the contract language was fair, and that the risk was not inordinate in relation to
the benefit the City received from this agreement. The language required the City to both
indemnify and defend OCTA and the railroad authority against the City's negligence; it did
not indemnify OCTA and the rail authority against their own negligence. He emphasized the
City would not take on any liability until it took steps to establish a quiet zone at one or more
of these grade crossings.
Responding to a question by Council Member Sidhu, Mayor Pringle pointed out OCTA would
move forward with all the safety zone construction measures in each of those locations while
the Southern California Rail Authority would maintain those sites. Ms. Natalie Meeks, Public
Works Department, added the City would inspect the work within the City's streets outside of
the railroad right-of-way and would also oversee OCTA's traffic control measures. She
added there was no specific construction schedule, however, the City asked OCTA to
accelerate Anaheim's grade crossings because there were some issues the Department
wished to address in the downtown area and move forward with the quiet zone program.
Council Member Sidhu expressed concern as to how the City would be impacted in the case
of an accident. Mr. White responded, should the City be named as a party in an accident,
the results would be handled during the litigation process.
City Council Minutes of October 14, 2008
Page 7 of 13
Council Member Hernandez moved to approve Resolution No. 2008-171 of the City of
Anaheim to adopt a Cooperative Agreement between the City of Anaheim and Orange
County Transportation Authority for Rail-Highway grade crossing safety enhancements and
safety measures related to Quiet Zone implementation for cities for improvements at State
College Boulevard, Ball Road, La Palma Avenue, Sycamore Street, East Broadway, Santa
Ana Street, East South Street, Vermont Avenue, Cerritos Avenue, Orangethorpe Avenue, La
Palma Avenue, Jefferson Street, Miraloma Avenue and Tustin Avenue; and to approve
Resolution No. 2008-171 of the City of Anaheim to adopt a Construction and Maintenance
Agreement between the City of Anaheim and Southern California Regional Rail Authority for
Rail-Highway grade crossing safety enhancements and safety measures related to Quiet
Zone implementation for cities for construction and maintenance at State College Boulevard,
Ball Road, La Palma Avenue, Sycamore Street, East Broadway, Santa Ana Street, East
South Street, Vermont Avenue, Cerritos Avenue, Orangethorpe Avenue, La Palma Avenue,
Jefferson Street, Miraloma Avenue and Tustin Avenue; seconded by Council Member Sidhu.
Rotl call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and
Sidhu. Noes - 0. Motion Carried.
30. ORDINANCE NO. 6118 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
D182 ANAHEIM approving the execution and delivery of the Canyon Power Project power
sales agreement.
RESOLUTION NO. 2008-175 A RESOLUTION OF THE CITY OF ANAHEIM {I)
5410 authorizing officials to execute and deliver the Canyon Power Project power sales
agreement and (II) approving the issuance of Canyon Power Project revenue bonds
by the Southern California Public Power Authority
Marcie Edwards, General Manager, Public Utilities Department, remarked actions on Item
No. 30 would approve the Canyon Power Project power sales agreement defining the
arrangement to finance, construct and operate the Canyon Power Plant. The agreement,
she explained, was needed in order to bond the purchase of the Power Plant turbines
commenting Council had previously approved purchasing the turbines in order to lock in a
price for this equipment and to retain the City's place in the construction line. The Power
Sales agreement needed approval, she added, in order to move forward.
Council Member Galloway moved to introduce Ordinance No. 6118 approving the execution
and delivery of the Canyon Power Project power sales agreement and to approve Resolution
No. 208-175 authorizing officials to execute and deliver the Canyon Power Project power
sales agreement and (II) approving the issuance of Canyon Power Project revenue bonds by
the Southern California Public Power Authority; seconded by Council Member Kring. Roll
call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and
Sidhu. Noes - 0. Motion Carried.
PUBLIC HEARINGS:
31. This is a public hearing to consider the introduction of an ordinance to extend the
F130.4 term of the franchise with ExxonMobil Oil Corporation, formerly Mobil Oil Corporation.
ORDINANCE NO. 6119 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM amending Ordinance No. 5639 to extend the
term of the franchise granted to Mobil Oil Corporation for the right to maintain and
City Council Minutes of October 14, 2008
Page 8 of 13
operate a system of pipelines for the transportation of oil, gas, and other substances
in and across a portion of Jefferson Street between Atwood Channel and
Orangethorpe Avenue in the City of Anaheim.
Natalie Meeks, Public Works Director, reported this item was an extension of an existing
franchise with ExxonMobil Corporation for an existing pipeline in a short stretch of area in
Jefferson Street. ExxonMobil asked for aten-year extension and staff had reappraised the
value of the easement, reset the proposed franchise rates and was recommending approval.
Mayor Pringle opened the public hearing for comment and receiving none, closed the
hearing.
Council Member Sidhu requested more details on the franchise. Ms. Meeks responded the
franchise had been in place since 1998 and ExxonMobil owned the pipeline in Jefferson
Street. The franchise, she pointed out, gave them the right to have and access that pipeline
in the street.
Council Member Sidhu moved to introduce Ordinance No. 6119 of the City of Anaheim
amending Ordinance No. 5639 to extend the term of the franchise granted to Mobil Oil
Corporation for the right to maintain and operate a system of pipelines for the transportation
of oil, gas and other substances in and across a portion of Jefferson Street between Atwood
Channel and Orangethorpe Avenue in the City of Anaheim, seconded by Council Member
Kring. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez,
Kring and Sidhu. Noes - 0. Motion Carried.
32. This is public hearing to consider a resolution creating Underground District No. 56
T107 (Magnolia), in accordance with the requirements of Chapter 17.24 of Title 17 of the
Anaheim Municipal Code relating to Underground Utilities.
RESOLUTION NO. 2008-176 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM creating underground District No. 56 (Magnolia).
Mr. Dukku Lee, Utilities Department, reported this was the 18th year of the Underground
Conversion Program resulting in undergrounding of 97 circuit miles along the City's major
corridors which helped to improve electric reliability and to beautify the City's streets.
Underground District #56 was being proposed on Magnolia from south of Crescent Avenue
to north of Ball Road. This was a 1.5 mile stretch of roadway and included undergrounding
of overhead utilities as well as communication lines along the utility poles. The District, he
pointed out, had been recently accelerated as part of the five year plan by Council on
September 16, 2008 and combined with a previously formed district on Lincoln Avenue from
Magnolia to Brookhurst, would now be one project, issued as an EPC type contract
(Engineering Procurement Construction). With approval of this district, he stated, the next
step would be to issue an RFP (Request for Proposal) and the design/build concept would be
brought to Council for approval. Construction was scheduled to begin second quarter of
2010 and conclude in mid-2011. This district, he added, would underground 4.4 circuit miles.
Mayor Pringle asked if Edison lines were also a part of the undergrounding on Magnolia. Mr.
Lee responded not in this particular stretch although Edison had facilities that ran north and
south of this proposed district, north of Crescent Avenue past the 91 Freeway into the
Fullerton area and then south of Ball Road.
City Council Minutes of October 14, 2008
Page 9 of 13
Mayor Pringle opened the public hearing for comment.
Joseph La Roche, resident, was supportive of this program, remarking it would significantly
improve this corridor.
Steven Kalassy, resident, supported this program; however, he expressed concerns for
traffic control and safety of school children during construction on Magnolia. Mr. Lee
responded the Utilities Department worked closely with Public Works Department to identify
areas where there may be traffic considerations and planned for that. He added construction
was done in phases which alleviated some of the traffic congestion.
With no other comments offered, Mayor Pringle closed the hearing.
Council Member Hernandez moved to approve Resolution No. 2008-176 of the City of
Anaheim creating underground District No. 56 (Magnolia), seconded by Council Member
Sidhu. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez,
Kring and Sidhu. Noes - 0. Motion Carried
33. REPEAL OF THE PLATINUM TRIANGLE EXPANSION PROJECT
C330 SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 334
MITIGATION MONITORING PROGRAM NO. 1066
GENERAL PLAN AMENDMENT NO. 2007-00454
MISCELLANEOUS CASE N0.2007-00188 (AMENDMENTS TO THE PLATINUM
TRIANGLE MASTER LAND USE PLAN
ZONING CODE AMENDMENT NO. 2007-00056 (AMENDMENTS TO THE
PLATINUM TRIANGLE MIXED USE OVERLAY ZONEI
ZONING RECLASSIFICATION NO. 2007-00196
MISCELLANEOUS CASE N0.2007-00218 (WATER SUPPLY ASSESSMENT)
LOCATION: The Platinum Triangle -approximately 820-acres, generally located
east of 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.
The repeal of The Platinum Triangle Project will reduce the permitted amount of
residential, commercial, office and institutional development in The Platinum Triangle
as follows:
Residential units -reduce from 18,363 units to up to 10,266 units
Commercial square feet -reduce from 5,657,847 square feet to up to 2,264,400
square feet
Office square feet -reduce from 16,819,015 square feet to up to 5,055,550 square
feet
Institutional square feet -remove the designation of 1,500,000 square feet for
ARTIC.
The following actions are included in the repeal of The Platinum Triangle Expansion
Project:
Rescind Certification of Final Subsequent Environmental Impact Report No.
334 (FSEIR No. 334) and Updated and Modified Mitigation Monitoring Program
No. 1066 -FSEIR 334 was the primary environmental document prepared for The
Platinum Triangle Expansion Project and included adoption of a Findings of Fact and
a Statement of Overriding Considerations, Modified Mitigation Monitoring Program
No. 1066 and approval of a Water Supply Assessment (MIS2007-00218).
City Council Minutes of October 14, 2008
Page 10 of 13
Repeal General Plan Amendment No. 2007-00454 -This General Plan
Amendment increased the permitted development intensities in The Platinum
Triangle Mixed Use, Office High and Office Low land use designations; redesignated
approximately 67 acres from the Office High land use designation to the Mixed Use
designation; redesignated approximately 126 acres from the Office High and Office
Low land use designations to the Mixed Use designation; redesignated
approximately 17 acres from the Institutional land use designation to the Mixed Use
designation; added The Platinum Triangle Mixed Use Overlay Zone, Office District
as an implementation zone for The Platinum Triangle Office High and Office Low
land use designations; removed the FAR (Floor Area Ratio)
requirement for Mixed Uses and Office Uses in The Platinum Triangle; allowed
conversion between land use types provided that the conversion is within the
parameters of EIR No. 334; amended 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, amended the General Plan for internal
consistency.
Repeal Miscellaneous Case No. 2007-00188 (Amendment to the Platinum
Triangle Master Land Use Plan) -This amendment reflected changes identified in
GPA2007-00454; adjusted the boundaries of the PTMU Overlay Zone to create the
Orangewood, ARTIC (including the proposed Anaheim Regional Transportation
Intermodal Center) and Office Districts and expanded the Katella District; and,
reflected technical refinements and clarifications including, but not limited to,
refinements to street cross-sections, density descriptions and exhibits.
Repeal Zoning Code Amendment No. 2007- 00056 -This amendment replaced
Chapter 18.20 (The Platinum Triangle Mixed Use Overlay) of Title 18 of the Anaheim
Municipal Code in its entirety 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.
Repeal Zoning Reclassification No. 2007-00196 -This reclassification added The
Platinum Triangle Mixed Use (PTMU) Overlay Zone to approximately 210 acres
within The Platinum Triangle and changed 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 and rescinded in part a resolution
reclassifying certain properties to the O-H and O-L (High Intensity and Low Intensity
Office) Zones.
City Council Minutes of October 14, 2008
Page 11 of 13
RESOLUTION NO. 2008-177 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM rescinding Resolution Nos. 2007-234 and 2008-038 certifying
final subsequent Environmental Impact Report No. 2006-00334, adopting findings of
fact and statement of overriding considerations in connection therewith, adopting
updated and modified Mitigation Monitoring Program No. 1066, and adopting water
supply assessment.
RESOLUTION NO. 2008-178 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM repealing General Plan Amendment No. 2007-00454 and
rescinding Resolution Nos. 2007-235 and 2008-039.
RESOLUTION NO. 2008-179 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM repealing an amendment to The Platinum Triangle Master Land
Use Plan (Miscellaneous Case No. 2007-00188) and rescinding Resolution Nos.
2007-236 and 2008-040.
ORDINANCE NO. 6120 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM repealing Ordinance Nos. 6088 and 6103 pertaining to Zoning Code
Amendment No. 2007-00056.
RESOLUTION NO. 2008-180 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM rescinding, in part, Resolution No. 2004-180 and Rescinding
Resolution Nos. 2007-237 and 2008-041 pertaining to Reclassification No. 2007-
00196.
ORDINANCE NO. 6121 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM repealing Ordinance Nos. 6089 and 6104 pertaining to
Reclassification No. 2007-00196.
Jack White, City Attorney, remarked Council had approved the Platinum Triangle expansion
project in December 2007 and reapproved it in April of 2008. Following those approvals,
litigation had commenced to challenge the expansion project based upon alleged
inadequacies to Environmental Impact Report No. 334. As a result of that litigation, he
noted, the City had preliminarily entered into discussions to redo EIR No. 334 and had
started work on that process. As a result, Mr. White was hopeful the litigation would be
dismissed and to that end, recommended Council rescind the actions on which the litigation
was based.
Mayor Pringle stated this action did not mean there was a slowing down of activity in the
Platinum Triangle. In 2004, he explained, the overlay that established the Platinum Triangle
was created with a certain level of density of about 9500 residential units and 7 million
square feet of office and commercial space. The City, he explained, sought to increase that
density in areas that would augment ARTIC, and within areas of land owned by the City
around Anaheim stadium. This action before Council would address that augmentation, not
the originally planned development which continued to move forward even in these tough
economic times.
Mayor Pringle opened the public hearing for comment.
Eric Altman, OCCORD, remarked the Community Benefits Coalition, expressed
appreciation to Council for their decision to reboot the planning process for the Platinum
City Council Minutes of October 14, 2008
Page 12 of 13
Triangle expansion and were supportive of that development going forward by following the
principles of smart growth and responsible development and looked forward to sharing their
ideas to make that vision a reality.
Wyatt Davis, Public Law Center of Orange County, expressed appreciation for Council's
action on this matter and hoped to collaborate in the future for the best possible
development for the area.
With no other comments offered, Mayor Pringle closed the hearing.
Council Member Galloway asked for a timeline for this project. Sheri Vander Dussen,
Planning Director, stated staff was working on the schedule to complete the new EIR and
once it was completed, she would provide the scheduled to Council. She added there
would be a number of opportunities for public input during the process beginning with the
issuance of the Notice of Preparation, in addition to a number of hearings to be held. With
the Notice of Issuance of the EIR, any member of the public or any agency could identify
issues they believe the EIR should address, which meant public input would start very early
in the process. Mayor Pringle added staff would publicly notify anyone who wishes to be
notified of that public input process.
Council Member Kring moved to approve the following:
RESOLUTION NO. 2008-177 OF THE CITY OF ANAHEIM rescinding Resolution Nos. 2007
234 and 2008-038 certifying final subsequent Environmental Impact Report No. 2006-00334,
adopting findings of fact and statement of overriding considerations in connection therewith,
adopting updated and modified Mitigation Monitoring Program No. 106B, and adopting water
supply assessment; and
RESOLUTION NO. 2008-178 A OF THE CITY OF ANAHEIM repealing General Plan
Amendment No. 2007-00454 and rescinding Resolution Nos. 2007-235 and 2008-039; and
RESOLUTION NO. 2008-179 OF THE CITY OF ANAHEIM repealing an amendment to The
Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2007-00188) and
rescinding Resolution Nos. 2007-236 and 2008-040; and
to introduce ORDINANCE NO. 6120 OF THE CITY OF ANAHEIM repealing Ordinance
Nos. 6088 and 6103 pertaining to Zoning Code Amendment No. 2007-00056;and to
approve
RESOLUTION NO. 2008-180 OF THE CITY OF ANAHEIM rescinding, in part, Resolution
No. 2004-180 and Rescinding Resolution Nos. 2007-237 and 2008-041 pertaining to
Reclassification No. 2007-00196; and to introduce
ORDINANCE NO. 6121 OF THE CITY OF ANAHEIM repealing Ordinance Nos. 6089 and
6104 pertaining to Reclassification No. 2007-00196; seconded by Council Member Sidhu.
Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and
Sidhu. Noes - 0. Motion Carried.
Report on Closed Session Actions: None
City Council Minutes of October 14, 2008
Page 13 of 13
Council Communications:
Council Member Hernandez requested a November workshop to allow for discussion to
consider relocation of Access California Services with full background details provided by
staff. He reported on the success of the 2"d annual forum held on October 3~d relating to lack
of housing for individuals with special needs with the goal of reaching out to elected officials
to inform them of this need.
Council Member Galloway commented on the success of the 2"d Annual forum on special
needs held on October 3~d and commended Council Member Hernandez for his advocacy
and leadership in this effort. She also thanked Greg Smith for his many years of service to
the City.
Council Member Kring requested the City Manager research state health and safety issues in
neighborhoods impacted by overcrowding.
Council Member Sidhu commented on Greg Smith's retirement and thanked him for his
years of service. He commended the City Clerk on the success of the MyBallot program,
held October 8 and spoke of the success of the Muzeo's gala promoting the new exhibit,
Under African Skies. He announced flags would be lowered on October 15th in remembrance
of fallen firefighters.
Mayor Pringle provided information on the City's current policy relating to street sweeping
during construction. He commended the City Clerk and staff on the success of the MyBallot
program held at Anaheim High School, where 700 students, the Secretary of State and other
Legislatures were in attendance and announced that the Registrar of Voters obtained 638
student poll workers for the November election, as a result of the program. He encouraged
employees and citizens to take advantage of early voting booths, located at the City Clerk's
office, beginning October 20th though October 28th. He spoke of the City's participation in the
Public Employee Retirement System and reported on the Gift of History held at the Anaheim
Convention Center in which 4,700 third grade students were in attendance. He also reported
on his recent meeting with Mayor Villaraigosa, the General Manager of Los Angeles
Department of Water and Power and Marcie Edwards regarding the impacts of greenhouse
gas legislation.
Adjournment: At 7:11 P.M., with no other business to conduct, Mayor Pringle adjourned the
October 14, 2008 Council meeting.
Respe ly submitt d,
Linda N. Andal, CMC
City Clerk