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2011/08/16ANAHEIM CITY COUNCIL REGULAR and ADJOURNED REGULAR MEETING OF AUGUST 16, 2011 The City Council regular meeting of August 16, 2011 was called to order at 3:00 P.M. and adjourned to 4:30 P.M. for lack of a quorum. The regular adjourned meeting of August 16, 2011 was called to order at 4:35 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on August 12, 2011 on the kiosk outside City Hall. PRESENT: Mayor Tom Tait and Council Members: Gail Eastman, Lord Galloway, Kris Murray and Harry Sidhu. STAFF PRESENT: City Manager Tom Wood, City Attorney Cristina Talley, and City Clerk Linda Andal ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEM: None Mayor Tait recessed to closed session for consideration of the following matter: CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant Subdivision (c) of Government Code Section 54956.9: Hacienda Inn & Suites, Audit Nos. 2009156 and 2008153; Portofino Inn & Suites, Audit No. 2010096; Courtyard Anaheim, Audit Nos. 2010079 and 2011172. At 5:04 P.M., City Council returned from closed session. Invocation: Senior Pastor Jeremy Bratcher, Magnolia Baptist Church Flag Salute: Council Member Lord Galloway Acceptance of Other Recognitions (To be presented at a later date): Recognizing the Anaheim /Orange County Visitor and Convention Bureau on their 50th Anniversary Elaine Cali, Visitor and Convention Bureau, thanked Council for acknowledging the Bureau and remarked on five successful decades of partnership with the city, and now with the county, in promoting Anaheim and Orange County as a tourist destination. ADDITIONS /DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items, except public hearing): William Fitzgerald, resident, expressed his dissatisfaction with current and former elected officials. Council Meeting Minutes of August 16, 2011 Page 2 of 12 John Leos remarked that Anaheim had elected to use outsourcing as an option for dealing with economic impacts facing city governing. He then recommended Council consider adopting, at a future meeting, a Transparency Disclosure Accountability Reform Act, a guideline providing for full disclosure of any entities doing business with the city on a contract basis, outlining the specific information that should be disclosed for public transparency. He submitted a draft proposal to Council. James Robert Reade, resident, objected to statements made by an earlier commentator and also urged city government to pursue, fine and arrest graffiti taggers as a method to stop tagging and its impacts. Deacon Doug Cook, Anaheim Poverty Task Force, thanked members of the Council who visited the Path Services Homeless Mall, requesting Council to continue to meet with the task force on their Five Year Plan recommendations addressing homelessness. Gilbert Stearn, resident, spoke in support of Anaheim's library system expressing his unease if library staff and operations might be reduced due to the City's budget concerns. Velma Shivers, resident, also opposed outsourcing the public library system asking that the community be apprised prior to any City action to allow them an opportunity to state what residents would be willing to do to maintain current services. Dr. Donna Frisch, Eclipse Medical Group, reported the building owners of 500 S. Anaheim Hills Road had put into practice a parking attendant charging patients for parking. She remarked in these challenging times, patients were angry at having to pay for parking and would look elsewhere for their medical services. In addition, physicians whose rates were dictated by insurance companies could not pass on the cost of validating parking fees. She asked Council to rescind approval of the parking booth permit. Mayor Tait requested staff investigate this matter and report back to Council. Dr. Sarah Apollo, supporting Dr. Frisch's statements on this negative hit to their medical services business, added that traffic and street congestion arising from the parking kiosk presented a safety concern as well. Mayor Tait responded that Planning Director Sheri Vander Dussen was meeting with Dr. Frisch and would be reviewing the concerns raised. Vicki Markley, Executive Director of Canyon Hills Club, located directly across from the medical center, complained their facility had been impacted by the parking fees and medical center patients were now parking at their facility to avoid parking fees. Dale Salico, speaking on the medical center parking lot fee, stated it had caused traffic congestion when patients entered and exited the lot due to a sharp left turn at the kiosk gate and requested Council take action to remove the parking booth. Kelly Mazur read a letter of concern from Dr. Allen Iseri, head of the Eclipse Medical Group, for the record. Dr. Iseri was one of the original owners of the medical building, responsible for three pediatric offices and one internal medicine office. He stated he opposed any and all parking fees levied to patients for use of the building's parking lots as it only added to patients out of pocket expenses and served only to force patients away from the building. Linda Gendreau, resident, reported a coyote problem occurring in a nearby nursery over the past two months. She indicated pets had been killed by coyotes and she had notified the City with no response as of yet. She felt the community should be alerted about this safety concern especially as the nursery was surrounded by residential homes, and asked the City for Council Meeting Minutes of August 16, 2011 Page 3 of 12 assistance with a solution. Mayor Tait responded staff would look into this matter and report back to Council. Dr. Roger Kindra lent his support to the argument against parking fees for the medical center at 500 S. Anaheim Hills Road, stating his main concern was safety and traffic congestion. He added that 450 signatures on a petition opposing parking fees had been collected and submitted them for the record. John Tester, resident, reported a hazardous situation at the intersection of Moraga and La Palma Avenue. He stated there was no clear line of sight due to a row of trees and a utility box blocking views of on- coming traffic. He added a second fatality had occurred at that intersection last month and requested the City's traffic division investigate the site. Mayor Tait responded Director of Public Works, Natalie Meeks, would look into Mr. Tester's concerns. Cecil Jordan Corcoran discussed gang problems and improvements in his community, requesting the City contact him for specific details. An individual identifying himself as an engineer, supported earlier comments on safety concerns for the new parking booth at 500 S. East Anaheim Hills Road. He added driver's views were obstructed by signage and foliage entering and exiting the parking gate. Matt Roselle, Anaheim Defenders International, remarked his organization recently filed a formal complaint with the USDA against Ringling Bros. Circus in order to protect, Sarah, a circus elephant who had fallen off a ramp while boarding a rail car after Ringling Bros. last performance at the Honda Center. Mr. Roselle stated the elephant's fall was due to a long -term infection and Ringling Bros. lack of medical care. He asked Council to consider banning circuses with animal acts due to the abuses and ongoing neglect to those animals and submitted a copy of the inspection report to Council. Casey Long, Chance Theatre, announced the theatre's annual benefit gala occurring on August 27 inviting Council and the community to attend. He thanked Council for their generous support of the arts in the past and described the events produced this year due to the support the theatre had received. Julie Corinmiskel, resident, reported on the collapse of circus elephant, Sarah, on August 7th after its last performance in Anaheim. She remarked circus animals endured a lifetime of misery and torture and urged Council to ban them from performing in the city. Ms. Manilli, urged a ban on circuses in the city, stating Sarah had been under severe distress and fatigue and Ringling Bros had not complied with two inspections recommending veterinary care for this elephant. Ms. Manilli submitted a newspaper clipping to Council. David Diaz, Central Anaheim Neighborhood District, announced he and his wife had walked their dogs in Pearson Park for the first time last Saturday and was shocked to see the number of homeless encampments in the park along with an accumulation of trash and distressful living conditions. He wanted to ensure staff was aware of the need to address this situation. Dr, Anna Hernandez, stressed her opposition to the implementation of a parking booth at the Anaheim Hills medical facility. Now that Council was cognizant of the problem, she urged the permit for these fees be revoked. Council Meeting Minutes of August 16, 2011 Page 4 of 12 CONSENT CALENDAR: Mayor Tait declared a potential conflict of interest on Item No's. 1, 2 and No. 8 as his firm had a business relationship with AT &T, Southern California Edison, and the GardenWalk, adding that he abstain from voting on those items. Mayor Pro Tern Sidhu moved to waive reading in full of all ordinances and resolutions and to adopt the consent calendar in accordance with the reports, certifications and recommendations furnished each council member and as listed on the balance of the consent calendar, seconded by Council Member Galloway. Roll Call Vote: Ayes — 5: Mayor Tait and Council Members: Galloway, Eastman, Murray and Sidhu. Noes — 0. Motion Carried Receive and file correspondence from AT &T regarding 00O283 Safran Morpho Trak cellular site dated July 26, 2011 and minutes of the Library Board meetings of May 9, 2011 and May 23, 2011 and the Public Utilities Board meeting of June 22, 2011. Mayor Tait recorded an abstention on this item due to a potential conflict of interest as his firm had worked with AT &T in the past. Roll call vote: Ayes — 4; Abstention — 1; Noes — 0. 2. Determine, on the basis of the evidence submitted by Katella Anaheim Retail, LLC, that the property owner has complied in good faith with the terms and conditions of AGR -1463 Development Agreement No. 99 -01 for the 2010 -2011 review period for the Anaheim GardenWalk project located between Katella Avenue and Disney Way at Clementine Street. Mayor Tait recorded an abstention on this item due to a potential conflict of interest as his firm had worked with Anaheim GardenWalk in the past. Vote: Ayes — 4; Abstention — 1; Noes — 0. 3. Reject all bids for the Anaheim Regional Transportation Intermodal Center Shell and D175 Enclosure contract. 4. Approve the Right of Way Contract State Highway Temporary Construction Easement with the State of California, Department of Transportation which authorizes the AGR -6849 acceptance of a payment, in the amount of $5,200, for property located at 1370 South Sanderson Avenue for the SR -57 Highway- Northbound Freeway Widening project from Katella Avenue to the 57/91 connector at La Palma Avenue. 5. Approve Lot Line Adjustment No. 0000670 for city -owned property located at 1357 D170 South Palm Street. 6. Approve a Memorandum of Understanding with the Orange County Transportation AGR -6850 Authority (OCTA) for coordinating Magnolia Avenue as part of OCTA's Traffic Light Synchronization Program. 7. Approve an agreement with the Savanna Elementary School District to continue AGR- 5576.0 providing Park Ranger patrols of school facilities. 8. Approve and authorize the Community Services Director to execute a Consent Request, and related documents, submitted by Southern California Edison for the Anaheim Coves AGR -6851 site improvements and authorize the Director to take such actions as are necessary to implement the Consent Request. Mayor Tait recorded an abstention on this item as his firm had worked with Southern California Edison in the past. Vote: Ayes — 4; Abstention — 1; Noes — 0. Council Meeting Minutes of August 16, 2011 Page 5 of 12 9. Approve the First Amendment to Agreement with Post Buckley, Schuh & Jernigan, Inc. AGR- 6232.1 changing the company name to Atkins North America, Inc. 10. Approve the Parking and Valet License Agreement with Wild Devil, LLC, and the AGR -6852 Consent to the Parking and Valet License Agreement with Angels Baseball, LP for The AGR - 6852.1 Catch Restaurant. 11. RESOLUTION NO. 2011 -111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing persons holding certain designated positions to R100 execute documents for and on behalf of the City of Anaheim for the purpose of obtaining certain federal financial assistance and /or state financial assistance. 12. RESOLUTION NO. 2011 -112 A RESOLUTION OF THE CITY COUNCIL OF 11100 THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Public Utilities Department). 13. RESOLUTION NO. 2011 -113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 1989 -1 (Sycamore Canyon). T105 RESOLUTION NO. 2011 -114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 1989 -2 (The Highlands). RESOLUTION NO. 2011 -115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 1989 -3 (The Summit). RESOLUTION NO. 2011 -116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 06 -2 (Stadium Lofts). RESOLUTION NO. 2011 -117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 08 -1 (Platinum Triangle). 14. RESOLUTION NO. 2011 -118 A RESOLUTION OF THE CITY COUNCIL OF D.154.1 THE CITY OF ANAHEIM approving a letter of understanding between the Anaheim Municipal Employees Association, General Unit and the City of Anaheim. 15. ORDINANCE NO. 6220 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Subsection .020 of Section 18.42.030 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code, nunc pro tunc, to correct clerical errors in Ordinance M142 No. 6218 previously adopted (residential parking requirements for multiple - family dwellings). 16. ORDINANCE NO. 6219 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Ordinance No. 5911 granting a non - exclusive franchise to Anaheim Transportation Network to provide resort transportation shuttle service within The Anaheim Resort and other areas within the City of Anaheim and stating the terms and F130.2 conditions upon which said franchise is granted (Introduced at Council meeting of July 19, 2011, Item No. 22). Council Meeting Minutes of August 16, 2011 Page 6 of 12 17. Approve minutes of Council meeting of July 19, 2011. END OF CONSENT CALENDAR 18. Consider an appointment to fill an unscheduled vacancy on the Community Services Board, term ending June 30, 2013. 8105 APPOINTMENT: (unscheduled vacancy of Susan Faessel) With no objection from City Council, Mayor Tait continued this item continued to August 23, 2019 meeting. PUBLIC HEARING: 19. GENERAL PLAN AMENDMENT NO. 2010 - 00481 SPECIFIC PLAN AMENDMENT NO. 2010 -00061 DEVELOPMENT AGREEMENT NO. 99-01C C410 CONDITIONAL USE PERMIT NO. 4078E FINAL SITE PLAN NO. 2006- 00002A (DEV2010- 00166) OWNER: Katella Anaheim Retail, LLC, 388 Greenwich St, 19th Fl, New York, NY 10013 AGENT: Related Urban Management Company, LLC, 321 W Katella Avenue, Suite 191, Anaheim, CA 92802 LOCATION: 321 West Katella Avenue The applicant proposes amendments to the Anaheim General Plan, Disneyland Resort Specific Plan No. 92 -1 (SP 92 -1), Development Agreement No. 99 -01, Conditional Use Permit No. 4078 and Final Site Plan 2006 -00002 related to the Anaheim GardenWalk Overlay, to modify the total amount of retail, dining and entertainment uses by reducing the permitted amount of retail; increasing the permitted amount of dining, including permitting an outdoor restaurant in an area currently used for pedestrian circulation /food court common area; and, increasing the permitted amount of entertainment uses. In addition, the proposed amendments would reduce the size of the bus terminal /facility and include a waiver of the minimum number of parking spaces. The proposed amendments only pertain to the bus terminal /facility and the retail, dining and entertainment uses permitted within Development Area A of the Anaheim GardenWalk Overlay; no modifications are proposed for the hotels and hotel accessory uses permitted within Development Area A or the or the retail, dining and entertainment uses, hotels, hotel accessory uses or parking permitted within Development Area B. Environmental Determination: Addendum to the Pointe Anaheim Initial Study /Mitigated Negative Declaration Anaheim GardenWalk Project. ACTION TAKEN BY THE PLANNING COMMISSION: VOTE: 6 -0 (Chairman Faessel and Commissioners Agarwal, Ament, Persaud, Ramirez and Seymour voted yes. Commissioner Karaki was absent): Recommend City Council Approval of General Plan Amendment No. 2010 -00481 (Resolution No.2011 -052); Specific Plan Amendment No. 2010 -00061 (Resolution No.2011 -053); Development Agreement No. 99 -01C (Resolution No.2011 -054); Conditional Use Permit No. 4078E Council Meeting Minutes of August 16, 2011 Page 7 of 12 (Resolution No.2011 -055); Final Site Plan No. 2006 -000A (Resolution No.2011 -056); (DEV2010- 00166) (Planning Commission meeting of July 6, 2011). MOTION: M/G Find and determine that the previously- approved Pointe Anaheim Initial Study and Mitigated Declaration together with the Addendum dated June 6, 2011, serve as the appropriate environmental documentation for this request. RESOLUTION NO. 2011 -119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving General Plan Amendment No. 2010 -00481 pertaining to the land use element (DEV2010- 00166). RESOLUTION NO. 2011 -120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the Disneyland Resort Specific Plan No. 92 -1 and amending Resolution Nos. 93R -146 AND 93R -147, as previously amended, accordingly (Amendment No. 8) (DEV2010- 00166). ORDINANCE NO. 6221 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the Disneyland Resort Specific Plan No. 92 -1 and Chapter 18.114 of the Anaheim Municipal Code and amending Ordinance No. 5378, as previously amended, accordingly (Amendment No. 8) (DEV2010- 00166). ORDINANCE NO. 6222 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM (i) approving Amendment No. 3 to the Second Amended and Restated Development Agreement No. 99 -01 by and between the City of Anaheim and Katella Anaheim Retail, LLC (ii) making certain findings related thereto, and (iii) authorizing the mayor to execute said amendment for and on behalf of the City (DEV2010- 00166). RESOLUTION NO. 2011 -121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amendment to Conditional Use Permit No. 4078, as previously amended, including changes to the mix and allocation of land uses, the waiver of minimum number of parking spaces, the conditions of approval and the exhibits (DEV2010- 00166). RESOLUTION NO. 2011 -122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amendment to Final Site Plan No. No. 2006- 00002. Mayor Tait indicated he would excuse himself from consideration of this item as he held some stock in The City Group, and would therefore have a potential conflict of interest. Mayor Pro Tem Sidhu presided over this matter. Sheri Vander Dussen, Planning Director, explained the shops at Anaheim GardenWalk which had opened in 2008, was a mall located within the Anaheim Resort near Disneyland theme parks and the Convention Center. Although many of the restaurants opened at that time continued to operate successfully, the retail component struggled and the owner of the mall wished to add more restaurants and entertainment venues to its tenant mix and to reduce the amount of tenant space dedicated to retail. This change in tenant mix, she added, was intended to reposition the mall to attract more patrons from both the local community and the Resort. She explained the tenants within the shopping mall were allocated into three categories: retail, dining and entertainment which included usages such as bowling, movies, live theaters, night clubs and bars. They were separated into these categories as parking requirements and infrastructure needs were unique to each use. This proposal, stated Ms. Vander Dussen, would reduce tenant retail space by 36 percent, increase restaurant space by 44 percent and increase space for entertainment uses by 170 percent. To create more leasable space, she explained, the applicant proposed to convert approximately 20,000 square feet of space currently used for Council Meeting Minutes of August 16, 2011 Page 8 of 12 bus and transit purposes and food court area into leasable area. Currently the specific plan dictated the type of tenant allowed in each tenant space and the proposed amendments would allow any type of tenant to locate within any of the tenant spaces and would also simplify the approval process for modifications to the sign program. In addition to the existing shopping mall and the 2,600 space parking structure, two hotels could also be built on the vacant parcels east of the mall and up to 400 timeshare units could be built above the parking structure. She added the shopping malls, the hotels, the time share units and the parking facilities were all originally approved as one comprehensive integrated development which included a shared parking contract. The hotels were required to begin construction by 2013 with the time share units starting by 2019. An additional 600 parking spaces would be required for build -out of the project for a total of 3,200 parking spaces. Ms. Vander Dussen reported the applicant requested to maintain the current parking volume of 3,200 parking spaces rather than provide additional parking as required by Code which would require almost 7,200 parking spaces for full development of this site based on calculations for each individual use. She stated a parking study was prepared for the applicant's proposal based on the Urban Land Institute shared parking methodology. The study determined the number of parking spaces needed based upon the type of use and the time of day; it identified opportunities to share the parking supply as a retail use and a night club use would have different peak parking demands and while the Municipal Code requirement for each individual use did not take into account the sharing of parking spaces between uses, the parking study determined that in the short term, the existing supply of 2,600 spaces could accommodate the proposed tenant mix with a surplus of about 450 spaces. Once the hotels and time share units and the related parking spaces were completed, valet parking would be required for peak demand of approximately 3,240 parking spaces which was anticipated to occur at 8:00 PM on Friday evenings. She added the applicant submitted a conceptual valet parking plan which would provide 3,400 parking spaces or about 5 percent more than the anticipated peak demand and even though the parking differential seemed significant, staff believed the shared parking analysis and proposed parking management plan would be adequate to deal with the parking needs. In addition, she noted, the applicant agreed to additional conditions of approval to address issues that could result from the change in the tenant mix. She ended her presentation remarking staff believed and the Planning Commission had determined that the applicant's request was consistent with the goals of the Disneyland Resort Specific Plan and the Anaheim resort area and recommended approval of the proposed changes to the GardenWalk overlay to maximize flexibility and the type of tenant that could be located at GardenWalk while insuring local infrastructure would not be negatively impacted. Mayor Pro Tern Sidhu opened the public hearing for comment, asking the applicant to comment on the project. Steve Eimer, Related Urban Management, reported the GardenWalk center was currently owned by an entity comprised of bank groups that provided the original construction financing; Related Companies was hired in April of 2010 to provide a range of management services for the property. He explained that Related was a nationally recognized real estate development and management company with extensive experience in owning and managing large scale mixed use projects with significant retail, entertainment, and dining components. The team, he pointed out, had also had extensive experience in managing and developing properties throughout California. Currently GardenWalk was 55 percent leased and occupied, which was considerably below what was necessary to make this site a successful asset to the city. One bright spot, he stated, continued to be the restaurants that fronted Katella Avenue, performing well economically and attractive to tourists and conventioneers as well as serving the local customer base. At the Disney Way entrance, a new cinema operator was in place with all 14 Council Meeting Minutes of August 16, 2011 Page 9 of 12 screens in operation as well as provision for a full range of in- theater drinking and dining facilities and a positive turnaround in business had been noted. Anaheim Bowling and the 24- hour fitness operations continued to perform reasonably well through these economic times and over the past year, he noted, had served an important local following. The majority of vacancy problems, he added, were focused on the shops and spaces in the middle of the property on both levels, especially on the upper level which was almost entirely vacant. He discussed the Related Companies destination property in West Palm Beach Florida, the City Place. Recent activities now, after difficult times, was stabilized at 96 percent occupancy and seen as the top tourist destination for Palm Beach County. Some of the key elements for their success included installation of new dining opportunities that enhanced the entertainment component, especially located on the upper level retail shops. Night life and evening entertainment environment had been incorporated that featured live music. A Comedy Club located on upper level and themed entertainment and dining venues have been located at strategic pedestrian intersections throughout the project. A new branding was instituted with an advertising campaign, focusing on a demographic with youthful stylish lifestyle and an interest in night life and entertainment. He added a full slate of strategically oriented community events increased tourism and community outreach through relationships with key local stakeholders. Mr. Eimer remarked The Related Companies were confident they properly assessed the deficiencies in the current GardenWalk scheme and thoroughly road tested a strong mix of exciting new tenants that would help establish GardenWalk as an economically sound asset. The repositioning of GardenWalk would focus on three primary areas; 1) the Disney Way end of the facility on the main level consisting of 65,000 square feet of space that had never been leased was now intended to be leased to a mix of a destination entertainment venues, a food and beverage operation and complimentary retail uses. 2) The second area in the middle of the property on the upper level was focused on a series of food and beverage venues that in several key instances also featured entertainment. Strong interests had been received for this area from several operations that Related Companies had worked with in other locations and it was felt their experience and product would be appealing to future customer bases. The second area on the upper level, the food court area across from the cinema, would be modified to feature an outdoor oriented food and beverage facility to take advantage of the open air environment and feature a festive theme such as a beer garden environment. With attractive outdoor lighting, landscaping and other theme design features, this would make a distinctive destination venue, he stated. Finally the 3` area in the middle of the facility on the main level, Related Companies would introduce a number of new specialty retail tenants whose merchandize mix was geared toward attracting tourists and conventioneers as well as appealing to the local market. Several one -of -a -kind quality merchants would be incorporated and new retail tenants would be integrated to complement existing fashion merchants that appealed to the local population. He added Related was committed to continue to broaden the appeal of GardenWalk to the local community by sponsoring special events and promotions and becoming Anaheim's go to place for family friendly superior quality dining, shopping, and entertainment. The actual implementation of these efforts, he remarked, hinged on receiving Council's approval of the changes requested to the various entitlement documents. Mayor Pro Tern Sidhu inquired what estimated timelines were for new tenants. Mr. Eimer remarked Related was looking at a grand re- opening for the first phase in late spring of next year. William Fitzgerald, Anaheim Home, indicated his organization had several objections to the proposed amendments to GardenWalk relating to inadequate parking spaces and an independent parking study which did not meet Anaheim's code requirements. He also objected Council Meeting Minutes of August 16, 2011 Page 10 of 12 to the long -term loss of transient occupancy tax with the removal of existing hotel rooms for the GardenWalk project. David Rose, resident, applauded the Related Companies efforts at revitalizing the GardenWalk, remarking this proposal was exactly what was needed for its success which would complement and enhance the fine restaurants and dining now available to the community and visitors. David Diaz, expressed his support for the project, remarking that this revitalization in conjunction with the Packing House and Anaheim Brewery was great for Anaheim and the local population would not have to go far for their dining and entertainment. Mayor Pro Tern Sidhu, remarking on earlier comments about the owners of GardenWalk, asked Mr. Eimer to explain who was behind Katella Anaheim LLC. Mr. Eimer remarked that Katella Anaheim LLC was just a name, referring to banks that had provided the original construction financing for the project and which had foreclosed on the project a year ago this spring. With no other comments offered, Mayor Pro Tern Sidhu closed the public comment portion of the hearing. Council Member Murray commented the GardenWalk was a substantial asset for the City and looked forward to having Related Companies re- energize it and recognizing the existing' restaurants were thriving and showed there was a market place in Anaheim to support them. She felt this proposal would have an opportunity to make GardenWalk successful. Council Member Lord Galloway commended Related for this plan which capitalized on what was strong in Anaheim. She noted when the Center first opened there was such hope for its success and because of the nationwide challenges to the economy, this proposal would now offer a site for those who want to enjoy dining, have fun or be entertained. Council Member Eastman stated she was on the Planning Commission ten years ago when final approval was given for the GardenWalk project and now looked forward to being part of the changes that would market the Center for both tourists and residents and allow it to move forward. Mayor Sidhu concurred, stating the GardenWalk was a jewel in the City and the proposed changes would increase the chances for success. With no further discussion, Mayor Pro Tem closed the public hearing. Council Member Murray moved to find and determine that the previously- approved Pointe Anaheim Initial Study and Mitigated Declaration together with the Addendum dated June 6, 2011, serve as the appropriate environmental documentation for this request; and to approve RESOLUTION NO. 2011 -119 OF THE CITY OF ANAHEIM approving General Plan Amendment No. 2010 -00481 pertaining to the land use element (DEV2010- 00166); and to approve RESOLUTION NO. 2011 -120 OF THE CITY OF ANAHEIM amending the Disneyland Resort Specific Plan No. 92 -1 and amending Resolution Nos. 93R -146 AND 93R -147, as previously amended, accordingly (Amendment No. 8) (DEV2010- 00166); and to introduce ORDINANCE NO. 6221 OF THE CITY OF ANAHEIM amending the Disneyland Resort Specific Plan No. 92 -1 and Chapter 18.114 of the Anaheim Municipal Code and amending Ordinance No. 5378, as previously amended, accordingly (Amendment No. 8) (DEV2010- 00166); and to introduce ORDINANCE NO. 6222 OF THE CITY OF ANAHEIM (i) approving Amendment No. 3 to the Second Amended and Restated Development Agreement No. 99 -01 by and between the City of Anaheim and Katella Anaheim Retail, LLC (ii) making certain findings related thereto, and (iii) authorizing the mayor to execute said amendment for and on behalf of the City (DEV2010- 00166); and to approve RESOLUTION NO. 2011 -121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amendment to Conditional Use Permit Council Meeting Minutes of August 16, 2011 Page 11 of 12 No. 4078, as previously amended, including changes to the mix and allocation of land uses, the waiver of minimum number of parking spaces, the conditions of approval and the exhibits (DEV2010- 00166); and to approve RESOLUTION NO. 2011 -122 OF THE CITY OF ANAHEIM approving an amendment to Final Site Plan No. No. 2006 - 00002.; seconded by Council Member Galloway. Roll Call Vote: AYES — 4: (Mayor Pro Tern Sidhu and Council Members: Eastman, Galloway and Murray. ABSTAIN — 1: Mayor Tait. NOES — 0. Motion Carried. Report on Closed Session Action: None Council Communications: Council Member Eastman announced the City had received the 2011 Preservation Design Award for Anaheim's Historic Preservation Plan. She noted the plan was adopted in May, 2010 and was a result of collaboration by the City, interested residents, and historic preservation consultants to provide a comprehensive tool to preserve and manage the Anaheim's historic resources. Mayor Pro Tern Sidhu encouraged residents visit the `September 11: Service and Remembrance' webpage in a special section on the City's website, www.anaheim.net. The site would provide event and activity information honoring not only the 1 oth anniversary of 9/11 but also the fallen who served the Anaheim community and the country. He also expressed his condolences to Council Member Murray on the loss of her grandmother Virginia Johnson and requested the meeting adjourn in her memory. Council Member Galloway spoke of her attendance at the Anaheim International Dance Festival put on by Anaheim Ballet Company, remarking the multiple venue festival had been a great success presenting international stars, dance exhibits and workshops. She also recognized city employee, James Mc Duffie, Fire Department. Council Member Murray announced the Connectivity Planning Workshop to be held on Thursday, August 25, 2011 to focus on expanding greenspaces throughout the city and identifying a system of green corridors that would connect residents, visitors, and businesses to both existing and higher density areas throughout the city. She added this was a public workshop and welcomed input. She also stated the Ponderosa Library dedication would be held on September 1 with Toshiba America to be honored for gifting the city and the school district for all lab computers serving a joint use for both the students of the school and for the community. She also announced the memorial remembrance service to take place at Pearson Park Amphitheatre on September 11 with one of the guest speakers being Brad Burlingame, brother of Charles Burlingame, the pilot of American Airlines Flight 77 that was hijacked on 9/11 and crashed into the Pentagon. The Burlingame family, she explained, had strong roots in the Anaheim community. Mayor Tait reported he attended the US Conference of Mayors held in Baltimore on July 22 -23 and spoke of his attendance at the successful International Dance Festival, thanking Council Member Galloway who was instrumental in starting the festival and recognizing Larry Rosenberg for putting on a world class event. Council Meeting Minutes of August 16, 2011 Page 12 of 12 Adjournment: At 7:11 P.M., with no other business to conduct, Mayor Tait adjourned the August 16, 2011 Council meeting in honor of Virginia Johnson. Re ectf Ily submi d, Linda N. Andal, CMC City Clerk