2006/04/11
ANAHEIM, CALIFORNIA
CITY COUNCIL REGULAR ADJOURNED MEETING
APRIL 11, 2006
The regular adjourned City Council meeting of April 11, 2006 was called to order at 5: 15 p.m. in the
Council Chambers of Anaheim City Hall, 200 South Anaheim Boulevard. The Notice of
Adjournment was posted at 3:00 PM, adjourned due to the lack of a quorum.
PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Lorri Galloway, Bob
Hernandez and Harry Sidhu.
STAFF PRESENT: City Manager Dave Morgan, City Attorney Jack White, and City Clerk Sheryll
Schroeder.
A copy of the agenda for the meeting of the Anaheim City Council was posted on April 7, 2006 at
the City Hall exterior bulletin board.
Invocation:
Flaa Salute:
Presentations:
Mayor Curt Pringle
Council Member Lorri Galloway
Proclaiming April 25, 2006, as Red Hat Society Day - President Lynda
Wheeler thanked Council for recognizing Red Hat Society organization.
Proclaiming April 11, 2006 as National Telecommunicators Week - Shannon
Jacobsen accepted the proclamation on behalf of Anaheim Police Dispatchers.
Recognizing the Order of DeMolay on its 87th anniversary - Ronald Salda
thanked Council for acknowledgment of the youth organization's volunteer
work.
AcceDtance of Other Recoanitions (To be Dresented at a later date):
Proclaiming April 23-29, 2006 as Recording for the Blind and Dyslexic Record-
A-Thon Week
Proclaiming April 23-29, 2006 as Tree Appreciation Week
Proclaiming April 23-29, 2006 as National Crime Victims Rights Week
Recognizing Marceil Burgess on her retirement from the Anaheim Police
Association
At 5:25 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency in joint session
with the City Council.
ADDITIONS/DELETIONS TO THE AGENDA: Item No. 12 removed from the agenda by staff;
Item No. 32 will be continued to May 9, 2006.
ANAHEIM CITY COUNCIL MEETING MINUTES
April 11 , 2006
Page 2
PUBLIC COMMENTS (ALL MATTERS EXCEPT PUBLIC HEARINGS):
William Fitzgerald, Anaheim Home, commented on Angel's baseball litigation, tax consequences
and other issues.
Joanne Abakartoumi announced the annual Day of Prayer to be held on May 4th at the Heritage
Forum and invited all to participate.
Sandra Day, co-chair of the Peralta Adobe Museum, extended an invitation to the community to
visit the last remaining adobe structure of the original land grant in Anaheim on April 28th,
remarking the establishment of the museum was through a grassroots effort completely funded by
the community.
Myrna Beech, resident of the Five Points Historic Neighborhood, requested Council's assistance in
replacing existing sidewalk curbs in the neighborhood which had been in disrepair for some time.
Indicating the City had a regular maintenance schedule for sidewalk and curb replacement on a
priority basis, Mayor Pringle referred Mrs. Beech to Natalie Meeks of the Public Works Department
for further information.
Joseph Diaz, resident, spoke at length, emphasizing the overcrowded conditions in Anaheim
schools and requested Council's assistance relating to property suitable for construction of
schools. He stated at one time there had been some discussion of a school on the Kwikset site.
Mayor Pringle concurred with Mr. Diaz on the issue of overcrowding, explaining there were seven
school districts serving Anaheim children, each with a separate governmental body overseeing
their own school system and that the City had no standing in the development of new schools. He
recognized the burdens placed on schools by new housing developments occurring in the City,
pointing out that every developer had paid school development fees to the appropriate school
districts to mitigate those impacts. He added that he and Council Member Chavez had recently
met with members of the school board on an informal basis to discuss where Anaheim Union High
School District was looking to develop properties and it appeared there was no plan in place at this
time. He further added that at one point, the City was going to purchase land and work with the
school district for the construction of a new school, but that the school district had dropped those
plans. In reference to the Kwikset site, Mayor Pringle remarked the site had been environmentally
cleaned to prepare for a housing project and the City had been two years into the planning process
when a newspaper article reported the school district wanted to take the Kwikset site through
eminent domain. While that had not occurred, the only notice the City had received of the school
district's interest was through a newspaper article not through direct communication. Mayor
Pringle indicated staff and the Council would have no hesitation in working with the school districts
toward a solution to this problem in the best interest of the community.
Council Member Chavez agreed overcrowding in the schools had been occurring for decades and
that the City was moving aggressively to provide needed housing for all economic levels within the
City and at the same time was concerned with the need for more schools. He was committed to
working with the Anaheim Union School District toward a solution.
James Robert Reade commented on Anaheim Police Department issues.
Caesar Corvarrubias, Kennedy Commission, urged Council to work on future remedies for
affordable housing in addition to those addressed in the Affordable Housing Strategic Plan.
ANAHEIM CITY COUNCIL MEETING MINUTES
April 11 , 2006
Page 3
Larry Slagle voiced his support for the GardenWalk project citing Anaheim's need for housing and
the various economic opportunities it would provide for Anaheim residents.
Shar Brock commented on the lack of parking spaces in her neighborhood due to a medical clinic
one block east of her home on Harbor Boulevard which had insufficient parking for clients. She
stated as a handicapped person, she had been parking in the alley behind her home and was now
getting citations as a result and asked for the fines to be returned to her. Mayor Pringle referred
Ms. Brock to John Lower, Traffic Engineer, to discuss the issue and also asked that a staff report
be provided to Council on the matter.
Charles Alhers, Anaheim Orange County Business Convention Bureau president, spoke in support
of the GardenWalk project. He emphasized Anaheim competed nationally and internationally for
tourists and convention venues and he believed the wide variety of fine restaurants with pedestrian
access and retail opportunities would make Anaheim a more attractive tourist and convention
draw.
At 5:59 P.M., Mayor Pringle adjourned the Council meeting to consider the Redevelopment Agency
agenda, reconvening Council session at 6:00 P.M.
CONSENT CALENDAR:
Council Member Hernandez removed Item No.3 for further discussion and Council Member
Galloway removed Item No's. 15, 16, 17 and 25.
Council Member Sidhu moved to waive reading in full of all ordinances and resolutions and adopt
the consent calendar.
4. Award the contract to the lowest responsible bidder, Pouk & Steinle, Inc. in the amount of
3996 $8,230,000; approve and authorize the Finance Director to execute the Escrow Agreement
pertaining to contract retentions for the Underground District #40 project on Santa Ana
Canyon Road.
5. Accept payment totaling $127,490.77 from the State of California for an 1-5 Freeway
0175 improvement sewer claim and unconditionally release the State of California from further
claims that may arise out of events set forth in the City's sewer damage claim.
6. Award the contract to the lowest responsible bidder, Inspection Engineering Construction,
3997 Inc. in the amount of $207,000 and approve and authorize the Finance Director to execute
the Escrow Agreement pertaining to contract retentions for the Faircrest DriveJWestern
Avenue and Serrano Avenue/Canyon Creek Road (Wild Flower Lane) Traffic Signal
Improvement Project.
7. Amend the Fiscal Year 2005/06 budget to increase the Police Department's general fund
0175 expenditure appropriations and the Public Works Department's facilities fund revenue
appropriations by $500,000 for construction upgrades to the Police Department
underground storage tanks.
8. Reject bid submitted by California Building Evaluation and Construction, Inc. in the amount
0175 of $126,669 for the Oak Canyon Nature Center Trail Restoration Project.
ANAHEIM CITY COUNCIL MEETING MINUTES
April 11 , 2006
Page 4
9. Accept the proposal of Electrosonic Systems, Incorporated, in an amount not-to-exceed
D180 $303,778 for the purchase, installation, and a five year extended warranty of a Traffic
Management Center Media Wall for the Public Works Department's Traffic Management
Center in accordance with Bid #6678.
10. Waive the sealed bid requirement of Council Policy 306 and authorize the Purchasing
D180 Agent to issue purchase orders to Aviation Specialties Unlimited, Incorporated, for four lIT
Industries Pinnacle night vision goggles imaging systems in the amount of $62,252.06 (tax
inclusive), and Aero Computers Airborne Systems, in the amount of $99,636.25 (tax
inclusive), for the purchase and installation of two moving map systems for the Police
Department's Helicopter Division.
11. Review the need for continuing the local emergency heretofore proclaimed by the Director
D175 of Emergency Services as ratified by City Council Resolution No. 2005-17, and the
subsequent orders issued pursuant thereto, 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 determine that the need for
continuing the local emergency exists.
12. Approve a First Amendment to agreement with ASM Enterprises, Inc., for concessionaire
2745 services at Dad Miller Golf Course exercising the option to extend the term for five years.
No Action Taken - Removed from agenda by staff.
13. Approve the agreement with Anaheim Hills Little League regarding infield maintenance and
3998 snack bar use at Anaheim Hills Elementary School.
14. Approve an agreement with the County of Orange to provide Women, Infant and Children's
3998 Supplemental Nutrition Program (WIC) at the Manzanita Park Family Resource Center.
18. Approve the amendment to the agreement between Sullivan and Mann Lumber Company
2744 and the City of Anaheim authorizing a 5 percent increase to the annual rental paid by
Sullivan and Mann Lumber Company for rental of approximately one-acre located at 1790
S. Douglass Road (formerly the County Maintenance Yard).
19. Approve the Professional Service Agreement between HOK Sport, Inc., and the City of
4000 Anaheim, for services related to the exterior enhancement of the arena at the Anaheim
Convention Center.
20. RESOLUTION NO. 2006-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
P178 OF ANAHEIM accepting irrevocable offers of dedication of certain property and/or facilities.
(Tract Map Nos. 12694, 16683 and 14072).
21. RESOLUTION NO. 2006-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
P124 OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real
properties or interests therein. (City Deed Nos. 10919,10920,10921,10943 and 10904).
22. RESOLUTION NO. 2006-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
D155 OF ANAHEIM authorizing the City Manager to submit a grant application on behalf of the
ANAHEIM CITY COUNCIL MEETING MINUTES
April 11 , 2006
Page 5
City of Anaheim to the U.S. Department of Housing and Urban Development for land
acquisition to expand La Palma Park and, if awarded, authorizing the acceptance of such
grant on behalf of the City and amending the budget for Fiscal Year 2005-2006 accordingly.
23. RESOLUTION NO. 2006-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
3995 OF ANAHEIM approving and authorizing the execution of a Cooperation Agreement by and
between the City of Anaheim and the Anaheim Redevelopment Agency for the provision of
public improvements and making certain findings in connection therewith. (Refer to
Redevelopment Agency Item #1)
24. RESOLUTION NO. 2006-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
D112 OF ANAHEIM authorizing the destruction of certain City records more than two years old
(City Attorney's Office).
26. ORDINANCE NO. 6020 (INTRODUCTION) ORDINANCE OF THE CITY COUNCIL
M142 OF THE CITY OF ANAHEIM amending Section 6.70.010 of Chapter 6.70 of Title 6 of the
Anaheim Municipal Code relating to sound pressure levels.
27. ORDINANCE NO. 6021 (INTRODUCTION) ORDINANCE OF THE CITY
C280 COUNCIL OF THE CITY OF ANAHEIM amending the Zoning map referred to in Title 18 of
the Anaheim Municipal Code relating to Zoning. (Reclassification No. 2005-00172). (648 S.
Magnolia Avenue)
28. Approve the regular meeting minutes of March 28, 2006.
END OF CONSENT CALENDAR;
3. Amend the Fiscal Year 2005/06 budget by increasing the Fire Department's general fund
D129 expenditure appropriations by $1,700,000 and increasing the Public Works Department's
fleet fund expenditure appropriations by $3,200,000 and revenue appropriations by
$1,700,000 for the purchase of four fire trucks.
City Manager Dave Morgan reported this item would fast track the purchase of four fire trucks for
the Anaheim Fire Department. Council Member Hernandez questioned if the excessive wear and
tear on the fire trucks reflected the fact the Department was short of reserve units suitable to
replace the trucks. Chief Smith responded the wear and tear was caused by several factors, the
deployment system for which run activity had increased and the fact that the trucks were nearing
their 2o-year life span. He indicated the vehicles were not reliable and the Department had trouble
keeping them on the road which was why the request for an early acceleration for purchase of the
vehicles was before Council. Council Member Sidhu requested a written plan to retire equipment
over the next five years and Chief Smith responded he would provide a spread sheet outlining
replacement vehicles and the budget year for proposed replacement.
Council Member Hernandez moved to approve Item No.3, seconded by Council Member Chavez.
Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and
Sidhu. Noes - O. Motion carried.
ANAHEIM CITY COUNCIL MEETING MINUTES
April 11 , 2006
Page 6
15. Authorize the Director of the Community Services Department to accept a grant award of
D150 $36,000 from the Bill and Melinda Gates Foundation to purchase public access computer
workstations for the Haskett Branch Library, the Central Library Lab and the Central
Children's Room.
Terry Lowe, Community Services Director, reported that in January 2006, the Gates Foundation
awarded a large grant for computers at the Central Library. Recognizing there was a shelf life for
computers, the Foundation also agreed to make funds available to agencies to have those
computers upgraded and Anaheim had applied for and received funds to not only upgrade the
Central Library computers but those in the Haskett Library as well.
Council Member Galloway moved to approve Item No. 15, seconded by Council Member
Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway,
Hernandez and Sidhu. Noes - O. Motion carried.
16. Approve the Third Amendment to agreement with the Orange County Fire Authority
1784 allowing the City of Anaheim Fire Department to provide medical and fire service to an
unincorporated area in southwest Anaheim, known as the -Garza Strip.-
Council Member Galloway asked for background on the history of this agreement, pointing to the
fact that the recent election to annex this area with the City of Anaheim had failed. Chief Roger
Smith reported this was not a new service to the area but was a continuation of a long-standing
service contract with Orange County Fire Authority (OCFA). OCFA had asked the City of Anaheim
to provide primary service to this area due to the closer proximity of an Anaheim fire station and
the contract allowed the City to be reimbursed. Council Member Hernandez interjected that in the
fire service throughout Orange County, it was generally agreed that the closer fire unit would
respond to an emergency regardless of boundaries. He added the California Mutual Aid system
was a model and that automated aid was well exercised in the County. Mayor Pringle requested
statistical information related to the agreement as he felt Anaheim taxpayers were subsidizing fire
service to a County island and the $21,000 reimbursement did not reflect true costs. Chief Smith
reported the contract was developed per the number of emergency calls to that area and
historically the Department responded less than 100 times per year and the island had remained a
low activity area for the Department. He added OCFA provided secondary and first uses in West
Anaheim as well as on the east side of the City. Council Member Chavez agreed the City was
significantly undercharging for services over the life of this contract which had not been increased
during its term. After discussion between Council and staff and determining there was no
urgency to approving the agreement which had expired, Mayor Pringle requested a report on the
number of responses to the Garza strip, whether the City's resources were increased to
accommodate those responses, what the costs were and other options available.
Mayor Pringle then moved to continue Item No. 16 for 30 days; seconded by Council Member
Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway,
Hernandez and Sidhu. Noes - O. Motion carried.
17. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional
3598 Service Agreement with PSOMAS to provide on-call civil engineering services.
Council Member Galloway stated she had met with Nathan Lewis, an 18-year old interested in
politics, who had posed a question relating to why the additional $50,000 was needed for the
ANAHEIM CITY COUNCIL MEETING MINUTES
April 11 , 2006
Page 7
PSOMAS agreement. Elisa Stipkovich, Director of Community Development Services, responded
the purpose of the agenda item was to extend beyond the current contract as the Department
needed additional sewer studies to keep up with the development in the City's project areas. She
stated that in most on-call engineering service agreements, the time frame expired at the same
time the funds were expended. Mayor Pringle asked if the studies were solely for the
redevelopment areas and Ms. Stipkovich indicated the services had also been used in the
Platinum Triangle and both her Department and the Public Works Department shared contract
authority. Mayor Pringle pointed to the unanticipated increase in development in the Platinum
Triangle which necessitated the need for additional sewer studies.
Council Member Galloway moved to approve Item No. 17, seconded by Council Member Sidhu.
Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and
Sidhu. Noes - O. Motion carried.
25. ORDINANCE NO. 6019 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM (i)
3290 approving Amendment No. 1 to Development Agreement No. 2004-00002 by and between
the City of Anaheim and CREAlNexus Anaheim Corners, LLC, (ii) making certain findings
related thereto, and (iii) authorizing the Mayor to execute Amendment No. 1 for and on
behalf of the City. (Introduced at the March 28, 2006 Council meeting, Item 45)
Council Member Sidhu moved to adopt Ordinance No. 6019, seconded by Council Member
Hernandez. Roll call vote: Ayes - 3; Mayor Pringle, Council Members: Hernandez and Sidhu.
Noes - 2; Council Members Chavez and Galloway. Motion carried.
5:30 P.M. PUBLIC HEARINGS:
29. This is a public hearing to consider vacating portions of Betmor Lane and Chris Lane, north
P110 of Gene Autry Way.
Mayor Pringle indicated he would be abstaining on this item due to a potential conflict of interest
and he left the Chambers.
Natalie Meeks, Public Works Department, reported the abandonment in portions of Betmor Lane
and Chris Lane would allow for the completion of the Lennar housing development and would bring
the street widths and right-of-ways in conformance with Platinum Triangle Master Plan.
Mayor Pro Tern Chavez opened the public hearing and receiving no comments, closed the
hearing.
Council Member Hernandez moved to approve Resolution No. 2006-058, seconded by Council
Member Sidhu.
RESOLUTION NO. 2006-058 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM vacating portions of Betmor Lane and Chris Lane, north of Gene Autry
Way (Abandonment No. 2005-00118).
Roll call vote: Ayes - 4; Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O.
Abstention - 1: Mayor Pringle. Motion carried.
ANAHEIM CITY COUNCIL MEETING MINUTES
April 11 , 2006
Page 8
30. This is a public hearing to consider vacating a portion of Burton Street adjacent to 1400
P110 East Burton Street.
Natalie Meeks, Public Works Department, reported a portion of Burton Street would be abandoned
in exchange for the dedication of right-of-way to widen the southerly portion of Burton Street and
allow for development of four single family homes.
Mayor Pringle opened the public hearing and receiving no comments, closed the hearing.
Council Member Hernandez moved to approve Resolution No.2006-059, seconded by Council
Member Galloway.
RESOLUTION NO. 2006-059 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM vacating a portion of Burton Street adjacent to 1400 East Burton Street
(Abandonment No. 2005-00117).
Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and
Sidhu. Noes - O. Motion carried.
31. This is a public hearing to consider vacating a public utility easement and a waterline
P110 easement located within lots 4, 5, and 6 of the Villa Place addition, east of the 1-5 Freeway
between Lincoln Avenue and Center Street.
Natalie Meeks, Public Works Department, reported the proposed abandonment was for utility lines
no longer necessary. She added the property had been vacated to make way for the 1-5 widening
and the Redevelopment Agency wanted to clear title to allow for development of three single family
residences.
Mayor Pringle opened the public hearing and receiving no comments, closed the hearing.
Council Member Hernandez moved to approve Resolution No. 2006-060, seconded by Council
Member Sidhu.
RESOLUTION NO. 2006-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM vacating a public utility easement and a waterline easement located within
lots 4, 5, and 6 of the Villa Place addition, east of the 1-5 Freeway between Lincoln Avenue
and Center Street (Abandonment No. 2005-00107).
Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and
Sidhu. Noes - O. Motion carried.
32. GENERAL PLAN AMENDMENT NO. 2005-00439
P100 RECLASSIFICATION NO. 2005-00168
CONDITIONAL USE PERMIT. 2005-05046
TENTATIVE TRACT MAP NO. 16932
OLSON COMPANY 32-UNIT CONDOMINIUM PROJECT
(1731 MEDICAL CENTER DRIVE)
ANAHEIM CITY COUNCIL MEETING MINUTES
April 11 , 2006
Page 9
OWNER: Property Reserve Inc., Attn: Mark Gibbons, 5 Triad Center, Suite 650, Salt Lake
City, Utah 84180
AGENT: Jackie Rodarte, The Olson Company, 3020 Old Ranch Parkway, Suite 400, Seal
Beach, CA 90740
LOCATION: 1731 Medical Center Drive: Property is approximately 2.5 acres, having a
frontage of 462 feet on the north side of Medical Center Drive and is located 587 feet west
of the centerline of Euclid Street.
General Plan Amendment No. 2005-00439 - Request to redesignate the property from the
Public Institutional land use designation to the Low-Medium Density Residential land use
designation.
Reclassification No. 2005-00168 - Request to reclassify the property from the C-G
Commercial (General Commercial) zone to the RM-3 (Residential, Multiple-Family) zone
or less intense zone.
Conditional Use Permit No. 2005-05046 - Request to permit a 32-unit, single-family
attached residential condominium project with waivers of (a) permitted encroachments into
required street setback and (b) minimum distance of monument sign from public right-of-
way.
Tentative Tract Map No. 16932 - Request to permit a 1-lot, 32-unit airspace attached
residential condominium subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
CEQA Negative Declaration denied, 6-0, Commissioner Velasquez abstained.
General Plan Amendment No. 2005-00439 denied, 7-0.
Reclassification No. 2005-00168 denied, 7-0.
Waiver of Code Requirement denied, 7-0.
Conditional Use Permit No. 2005-05046 denied, 7-0.
Tentative Tract Map No. 16932 denied, 7-0.
REQUEST BY THE OLSON COMPANY TO CONTINUE TO MAY 9, 2006.
With the consent of Council, Mayor Pringle continued Item No. 32 to May 9, 2006.
33. ANAHEIM GARDENWALK PROJECT:
P100 SECOND ADDENDUM TO THE POINTE ANAHEIM INITIAL STUDY AND MITIGATED
1491 NEGATIVE DECLARATIONIMITlGATlON MONITORING PROGRAM NO. 004a.
GENERAL PLAN AMENDMENT NO. 2005-00440.
AMENDMENT NO.6 TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1.
AMENDMENT TO CONDITIONAL USE PERMIT NO. 4078. WITH WAIVER OF CODE
REQUIREMENT.
SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01.
TENTATIVE PARCEL MAP NO. 2002-205.
FINAL SITE PLAN NO. 2006-??oo2.
FIRST AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF ANAHEIM AND ANAHEIM GW. LLC.
OWNER: Anaheim GW, LLC 17140 Bernardo Center Drive, Suite 310, San Diego, CA
92128
AGENT: William J. Stone Excel Realty Holdings, 17140 Bernardo Center Drive, Suite
310, San Diego, CA 92128
ANAHEIM CITY COUNCIL MEETING MINUTES
April 11 , 2006
Page 10
LOCATION: The Anaheim GardenWalk (formerly known as "Pointe Anaheim") project site
is located on approximately 29.1 acres in The Anaheim Resort between Harbor Boulevard
and Clementine Street, and Disney Way and Katella Avenue. The project site has
approximate frontages of 1,500 feet on the south side of Disney Way between Harbor
Boulevard and Clementine Street, 1,185 feet on the west side of Clementine Street
between Disney Way and Katella Avenue (excluding Fire Station NO.3 at 1713-1717
South Clementine Street), 728 feet on the north side of Katella Avenue between
Clementine Street and a point n1 feet west of the centerline of Clementine Street, and
585 feet on the east side of Harbor Boulevard between Disney Way and a point 615 feet
south of the centerline of Disney Way. The site is vacant except for the Anaheim Plaza
Hotel and Suites at 1700 South Harbor Boulevard.
The request is for approval of modifications to the Anaheim GardenWalk (formerly Pointe
Anaheim) project to permit the following: 569,750 square feet of specialty retail,
restaurants, and entertainment uses, including movie theaters; 1,628 hotel rooms
(including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory
uses; a transportation center, and 4,800 parking spaces.
The project includes two development phases. The first phase includes the development
of approximately 20.3 acres of the project site (Area A) with 439,600 square feet of
specialty retail, restaurants, and entertainment uses, including movie theaters; 1,266 hotel
rooms (including up to 400 vacation ownership units) and 216,820 square feet of hotel
accessory uses, a transportation center, and 3,200 parking spaces. The remaining 8.8
acres (Area B) would be developed as a subsequent phase with up to 130,150 square feet
of specialty retail, restaurants, and entertainment uses, 362 hotel rooms (including up to
100 vacation ownership units) and 61,997 square feet of hotel accessory uses, and 1,600
parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CECA - Recommended City Council approval.
Waiver - Approved, 7-0.
Tentative Parcel Map No. 2002-205 - Approved, 7-0.
Final Site Plan No. 2006-00002 - Approved with the maximum height of one project icon
element limited to 75 feet, 7-0.
Amendment to CUP No. 4078 - Approved with maximum height of one project icon
element limited to 75 feet, 7-0.
Development Agreement No. 99-01 Amendment 3 - Approved, 7-0.
General Plan Amendment No. 2005-00440 - Recommended City Council Approval, 7-0.
Amendment 6 to Specific Plan No. 92-1 - Recommended City Council approval with the
maximum height of one project icon element limited to 75 feet, 7-0.
Sheri Vander Dussen, Planning Director, reported Item No. 33 was a series of requests to amend
the GardenWalk project that would feature hotels, restaurants, a movie theatre, and shopping
opportunities. The amendments would modify entitlements for the Gardenwalk project, amended
in 2002 and the proposed entitlements would allow changes in the mix and allocation uses. She
stated the proposed project would allow for development of up to 5 hotels, rather than 3 or 4, the
number of vacation ownership resort units permitted as part of the project would increase from
200 to 500 rooms and the total square footage of specialty retail, restaurants, and entertainment
uses would also decrease by 65,000 square feet to approximately 570,000 square feet. She noted
the previously approved aquarium has been removed from the proposal but the number of parking
spaces remained the same even though the intensity of development had been slightly reduced
ANAHEIM CITY COUNCIL MEETING MINUTES
April 11 , 2006
Page 11
and included a provision to accommodate overflow parking for the Anaheim Convention Center.
She explained the requested parking waiver has been substantiated by a parking study.
The GardenWalk site, Ms. Vander Dussen noted, was divided into Area A, currently controlled by
the applicant and Area B, 8.8 acres developed presently with the Anaheim Plaza Hotel and
Suites. She explained Area B could be developed as a future phase of GardenWalk with any final
plans for future development to be submitted to the Planning Commission for approval.
She added a letter received from Cynthia Wolcott representing the owner of Area B requested
confirmation of type, intensity and rules for development of Area B. She noted this area could
either be developed under existing provisions of the Disneyland Resort Specific Plan, which
allowed a density of up to 75 hotel rooms per acre or if the various amendments in Item No. 33
were approved, Area B would have an additional opportunity to develop under the Anaheim
GardenWalk Overlay. She stated the development agreement provisions before Council would
only apply to Area B in the event the developer of Area A were to purchase, lease or have some
other ownership interest in Area B. Ms. Vander Dussen noted Ms. Wolcott's letter also referred to
a condition of approval that required the preparation of a parking study in connection with future
development of Area B and that staff had reviewed the parking studies that were conducted in the
past and believed they were adequate to accommodate Area B and was recommending condition
#71 of CUP 4078 be deleted in its entirety. Ms. Wolcott had also required confirmation that the
developer of Area B would not be responsible for the installation of dual left turn lanes at Disney
Way in the event Area B was developed. Ms. Vander Dussen confirmed Area B developer would
be responsible for the dedication and construction of right-of-way improvements immediately in
front of their property along Disney Way and Harbor Boulevard however, the cost of construction
of the dual left turn lanes at Disney Way would be the responsibility of Area A property owner and
developer.
She ended her presentation by stating the amendments included a disposition and development
agreement between the City and the project applicant and the report had identified significant
financial benefits that would accrue to the City as a result of the development of the GardenWalk
project and the Planning Commission and staff recommended approval of the amendments.
Mayor Pringle opened the public hearing.
William Stone, the applicant/developer of Anaheim GardenWalk. stated the project originally was
developed as a comprehensive project that included Area A and B but was always envisioned as a
phased development project. He stated what would have been the first three phases of the retail
were being combined to be built at once to accelerate the process. He added plans were to start
construction as soon as possible, at the end of Mayor first part of June, to build 440,000 feet of
retail with the parking structure and the first hotel and time share units to follow. The goal was to
meet an October 2007 opening with the time shares and the first hotel to open in the summer of
2008. He noted the project improved from that envisioned three years ago as the parking structure
which would have been seven levels was now depressed two levels and the time share units had
been moved on top to camouflages the structure and would give the project more of a mixed use
urban feel. He noted the tenant mix had been enhanced, the Wonderworks building on Katella
Avenue had now been replaced by Roy's of Hawaii, McCormick & Schmidt Grill, PF Changs, and
the Cheesecake Factory, with other restaurants added to front onto Disney Way and incorporating
patio areas on both the Disney Way side and the Katella side to interact with the community. He
pointed out the City would now get a greater share of the parking income that came from the
ANAHEIM CITY COUNCIL MEETING MINUTES
April 11 , 2006
Page 12
Convention Center use of the property and also would get additional parking for Convention
overflow. Other fees related to transfer of the property, he added, were now included in the
Development and Disposition Agreement. He further added each one of the tenants would be
required to work with the Anaheim Union High School on a training program which would give them
an education in the real world but would also provide an off campus alternative where students
could visit and learn at the same time.
Bill Engle, Callison Architecture, presented a virtual tour of the retail entertainment and hospitality
garden resort. He stated the design concept was inspired by the beautification effort recently
completed in the Anaheim Resort and would create a pedestrian friendly walking environment,
improved vehicular access to Anaheim Resorts and set the stage for existing and future
developments. The virtual tour simulated a walk through the Wonder Garden, which contained
lush gardens and garden features, through a retail concourse with upscale restaurants and retail
opportunities to the Rock Garden with water features. Walking through the Terrace Garden into
the upper level food court and theater complex through the Gala Garden featuring live
entertainment and a fountain which could be converted into a stage, the virtual tour ended through
the Garden Gate at Disney Way.
Council Member Hernandez asked whether parking would be available for residents to shop or
walk. Bill Stone responded the first hour would be free, the second hour would be free with
validation and if a movie theater was used, there would be an extra free hour.
Jim Adams, representative for Los Angeles and Orange County Building and Construction Trade
Council and resident of Anaheim, spoke in support of the GardenWalk project. He indicated the
Trade Council had been working on the project with the developer for many years and that the
developer was committed to building a project utilizing craft unions.
John Rignerous, Wilderness Resort, stated he was in negotiations with the developer for one of the
theme specialty hotels with an indoor and outdoor water park component and was looking forward
to working on the project.
With no other comments offered, Mayor Pringle closed the hearing.
Council Member Galloway thanked Mr. Stone for the GardenWalk project and was pleased to
hear of the long-term relationship with the Building Trade Council. Council Member Chavez
indicated the project would be an asset to the community and should expand the convention
business. He also complemented the developer for working with the Trade Council to insure
construction work was done professionally with local workers. Council Member Sidhu was
supportive of the project pointing to the benefits the City would receive with the construction of a
police substation and retail opportunities as well as parking for overflow convention center visitors.
Council Member Sidhu then moved to approve the following, seconded by Council Member
Chavez:
Determine that the previously-approved Pointe Anaheim Initial Study and Mitigated Negative
Declaration together with the Second Addendum dated March 1, 2006, and the Modified
Mitigation Monitoring Program No. 004a are adequate to serve as the required environmental
documentation for the proposed project actions.
ANAHEIM CITY COUNCIL MEETING MINUTES
April 11 t 2006
Page 13
RESOLUTION NO. 2006-061 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM approving an amendment to the Land Use Element of Anaheim General Plan,
designated as Amendment No. 2005-00440.
RESOLUTION NO. 2006-062 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.
ORDINANCE NO. 6022 (INTRODUCTION) ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM amending The Disneyland Resort Specific Plan No. 92-1 and amending
Chapter 18.114, Zoning and Development Standards, relating to Amendment No.6 to The
Disneyland Resort Specific Plan No. 92-1.
RESOLUTION NO. 2006-063 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM amending Conditional Use Permit No. 4078, with waiver of Code requirements
minimum number of parking spaces.
ORDINANCE NO. 6023 (INTRODUCTION) ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving the Second Amended and Restated Development Agreement No.
99-01 between the City of Anaheim and Anaheim GW, LLC substantially in the form attached for a
portion of the Anaheim GardenWalk site (Area A), making certain findings related thereto, and
authorizing the Mayor to execute the agreement on behalf of the City.
Approve Tentative Parcel Map No. 2002-205 to establish a 7-lot, including one air-space lot, non-
residential condominium subdivision, for a portion of the Anaheim GardenWalk site within Area A.
Approve Final Site Plan No. 2006-00002 for approximately 439,600 square feet of specialty retail,
restaurants, and entertainment uses, including movie theaters, and parking facilities for the initial
phase of development within Area A.
Approve the First Amended and Restated Disposition and Development Agreement By and
Between the City of Anaheim and Anaheim GW, LLC substantially in the form attached, and
authorize the Mayor to execute the agreement on behalf of the City.
Council Member Hernandez added his voice in full support of the project. Mayor Pringle remarked
that none of the current Council had participated in the original concept but were all in support of
the GardenWalk development which included first class retail shOps and fine restaurants that
would appeal to a broad market and be a welcome asset to Anaheim. .
Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and
Sidhu. Noes - O. Motion carried.
Council Communications:
Council Member Hernandez encouraged support of the .Clothes Closet" program which provided
clothing to youths who could not afford items such as prom dresses and tuxedoes. By donating
used prom dresses, tuxedos, men's suits and evening shoes, high school students would be able
to borrow them for an evening.
ANAHEIM CITY COUNCIL MEETING MINUTES
April 11 , 2006
Page 14
Council Member Galloway reported she had attended the National Basketball Association (NBA)
expansion league luncheon and welcomed the new league to the City of Anaheim.
Council Member Sidhu encouraged the community to participate in Library Week by checking on
the City's website to find out events planned at the various libraries. He also announced the Youth
in Government Day event on April 12th at City Hall sponsored by the Anaheim Community
Foundation for students from area high schools.
Mayor Pro Tem Chavez shared an act of kindness which he had just learned by restaurant owner
Frank Garcia of Casa Garcia in Anaheim, who had driven to Corpus Christi, Texas after Hurricane
Katrina victims had been relocated there and fed people in that arena breakfast, lunch and dinner
for ten days.
Mayor Pringle reported on the NBA expansion league and the fact Anaheim had been awarded
one of the league teams whose primary ownership was an Anaheim businessman. The team
would play in the Convention Center arena which seats 9,000 starting November. He also
mentioned the Half Marathon coming up in September, 2006 sponsored by Disney as part of their
anniversary celebration and hopefully would continue as an annual event. He stated the marathon
was sold out with 10,000 individuals participating.
The Mayor added that there had been interest in having Anaheim as a site for the 2008 political
party conventions and he and Council Member Chavez had shared that information at last year's
Democratic and Republican political party conventions. It had been decided not to pursue this for
2008 due to the significant amount of construction still to take place during that time period in the
City and the amount of work it would take to be able to get ready for the political party conventions.
Mayor Pringle hoped to address that issue again after 2008.
Mayor Pringle commented on Joseph Diaz's remarks during oral communications on the
overcrowding of Anaheim schools. He added that he was concerned as to how the Anaheim
school districts were building for the future, indicating that the City School District and Magnolia
School District were addressing capacity with new schools. He would be inviting the school
districts to share that information with the City. At the same time, he indicated there were concerns
in newspapers referring to decisions made by the high school district and remarked he would be
asking that an audit be done on the use of construction dollars in those districts.
Adjournment:
At 7:55 P.M. with the consent of Council, Mayor Pringle adjourned the meeting of April 11, 2006
rp;::; sub . ed,
Sheryll Schro der, MMC
City Clerk