2010/08/24ANAHEIM CITY COUNCIL REGULAR ADJOURNED
MEETING OF AUGUST 24, 2010
The regular City Council Session of August 24, 2010 was called to order at 3:00 P.M. and
adjourned to 4:30 P.M. for lack of a quorum. The August 24, 2010 regular adjourned Council
meeting was called to order at 4:30 P.M. in the Chambers of Anaheim City Hall located at 200
South Anaheim Boulevard. A copy of the agenda was posted on August 20, 2010 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 Tom Wood, Senior City Attorney Aaron Harp, Senior Assistant
City Attorney and City Clerk Linda Andal
ADDITIONS /DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
At 4:31 P.M., Mayor Pringle recessed to close 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: Priceline.com, Inc., et al. v. City of Anaheim, et al., Orange County
Superior Court, Case No. 30- 2009 - 00244120 and related cases.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 5496.9 of the Government Code)
Name of Case: Qualified Patients v. City of Anaheim, et al., Orange County Superior
Court, Case No. 07CC09524; 4th District Court of Appeal, Case No. G040077
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 5496.9 of the Government Code)
Name of Case: Hartford Fire Ins. Co. v. Anaheim Public Utilities, et al., OCSC, Case
No. 30 -2009- 00122613
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 5496.9 of the Government Code)
Name of Case: La Quinta Inn & Suites, Audit No. 2010078
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 5496.9 of the Government Code)
Name of Case: Tait v. Linda Andal, City Clerk, et al. (Denis Fitzgerald), Orange County
Superior Court, Case No. 30- 2010 - 00399338
6. PUBLIC EMPLOYEE
Title: Department Head
Anaheim Housing Authority and Anaheim Redevelopment Agency
7. CONFERENCE WITH REAL PROPERTY NEGOTIATIORS
(Section 54956.8 of the Government Code)
Property: 915 East Orangewood Avenue and 2121 South Manchester Avenue
Council Meeting Minutes of August 24, 2010
Page 2 of 11
Anaheim Housing Authority /Redevelopment Agency Negotiators: Elisa Stipkovich
Negotiating Parties: Anaheim Housing Authority, Anaheim Redevelopment Agency,
Orangewood Vistas and Manchester Park
Under Negotiation: Price and terms
At 5:18 P.M., Council session was reconvened.
Invocation: Pastor Phillip du Plessis, Grace Bible Church
Flan Salute: Council Member Lucille Kring
Presentations: Honoring Anaheim residents for their service in the Armed Forces with the
Anaheim Military Banner Program
Mayor Pringle announced Anaheim's military banner program had been designed to honor
Anaheim residents currently deployed in the nation's military. He pointed out banners could be
viewed on Lincoln Boulevard in the downtown area and on Santa Ana Canyon Road in Anaheim
Hills. A third site would be established on Anaheim's western side. He then introduced those
families participating in the ceremony earlier today and offered them a memento of the banner
flying in honor of their family member.
Acceptance of Other Recognitions (To be presented at a later date):
Recognizing the Assistance League of Anaheim on their 70th anniversary
Christina Noble, Assistance League, thanked Council for its recognition of their organization,
remarking the Assistance League had been established in 1940 and over the last seven
decades, the Anaheim Chapter sponsored or produced many unique projects benefitting the
community.
At 5:42 P.M. Mayor Pringle called to order the Redevelopment Agency for a joint public
comment session with the City Council.
ADDITIONS /DELETIONS TO THE AGENDAS: None
PUBLIC COMMENTS (all agenda items except public hearings):
William Fitzgerald, resident, voiced comments related to the proposed annexation of an
unincorporated county area to Anaheim. Mayor Pringle corrected his statement, explaining the
Local Agency Formation Commission initiated the process and that the City of Anaheim was not
holding a city special election, rather only those residents of approximately 210 registered
voters who reside within the County Island were voting on whether they wished to reside in the
City.
Congressman Gary Miller's district representative introduced herself to Council and offered the
congressman's services to the City.
Ram Kakkar, a Cerritos resident recommended representatives from Hindu and Sikh religions
be allowed to participate in the invocation given at the beginning of Council meetings. Mayor
Pringle responded the City was open to ensure any house of worship wishing to offer an
invocation at Anaheim's council meetings had the opportunity to do so and by providing contact
information to the City Clerk, could be placed on the calendar.
Council Meeting Minutes of August 24, 2010
Page 3 of 11
James Robert Reade, resident, provided details on his claim settlement whose purpose, he
stated, was to bring transparency to the claims process.
Allen De la Fasse addressed Item No. 7, stating he was the second low contract bidder for the
Twila Reid project and had protested certain actions of the first low bidder. His bid was
protested as well because he did not have a certified roofer included in the bid and Mr. De la
Fasse did not feel this was a reason for disqualification. Mayor Pringle responded that Council
had heard the comments and would ask staff for clarification at the time Item No. 7 was being
considered.
Alma Ramirez, resident, saluted the nation's fallen soldiers and grieving families.
Casey Long, Chance Theatre, requested the City's support at the September 18 gala fund
raiser featuring live entertainment and silent and live auctions as well as announcement of the
2011 season.
Mr. Krause announced he was filing a criminal complaint against the Anaheim Police
Department, providing specific details of his complaint.
At 6:08 P.M., Council session was recessed to consider the Redevelopment Agency agenda
and reconvened again at 6:10 P.M.
CONSENT CALENDAR: Council Member Hernandez removed Item No. 5 from the consent
calendar for further discussion. Mayor Pringle removed Item No's. 7 and 18 and Council
Member Galloway pulled Item No's. 25, 26, and 29. Council Member Kring moved to waive
reading in full of all ordinances and resolutions and to adopt the balance of 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
Sidhu. Roll Call Vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez,
Kring and Sidhu. Noes — 0. Motion Carried
3. Receive and file minutes of the Library Board meetings of April 12, 2010 and June 14,
B105 2010; Parks and Recreation Commission meetings of April 28, 2010, May 26, 2010 and
June 23, 2010; Community Services Board meeting of May 13, 2010; Golf Commission
meetings of May 27, 2010 and June 24, 2010; Cultural and Heritage meeting of June 17,
2010; Sister City Commission meeting of June 21, 2010; and Public Utilities Board
meeting of June 23, 2010.
D160 4. Receive and file the annual consolidated detail and allocation report for fiscal year 2009-
10 Supplemental Law Enforcement Services Fund.
6. Determine, on the basis of the evidence submitted by the property owner's
AGR -5230 representative, Jonathan M. Brandler, that the owner has complied in good faith with the
terms and conditions of Development Agreement No. 2008 -00002 for the 2010 -2011
review period for the development project on an 8.7 acre property located at 915 E.
Katella Avenue.
8. Award the contract to the lowest responsible bidder, Hardy and Harper, Inc., in the
AGR -6373 amount of $1,186,000, for the 2010 Central Area Street Rehabilitation projects and
authorize the Finance Director to execute the Escrow Agreement pertaining to contract
retentions (State College Boulevard, Romneya Drive, La Palma Avenue, Ninth Street,
Vermont Avenue and Lemon Street).
Council Meeting Minutes of August 24, 2010
Page 4 of 11
9.
Award the contract to the lowest responsible bidder, Slater Waterproofing, Inc., in the
amount of $144,095, for the Anaheim Convention Center Car Park 1 repair and
AGR -6374
authorize the Finance Director to execute the Escrow Agreement pertaining to contract
retentions.
D175 10.
Approve and adopt the Relocation Plan for the Brookhurst Street Widening from Ball
Road to Katella Avenue project.
11.
Approve a Right -of -Entry Agreement with Pursel S. Koch for property located at 2177
West Judith Lane for the Katella Avenue Smart Street - Humor Drive to Jean Street
AGR -6375
project.
12.
Approve a Right -of -Entry Agreement with Kathleen A. Rael for property located at 2177
AGR -6376
West Midwood Lane for the Katella Smart Street - Humor Drive to Jean Street project.
13. Approve an Agreement for Acquisition of Real Property with Charles and Heather Bolle,
AGR -6377 in the acquisition payment amount of $436,000, for property located at 1620 South
Brookhurst Street for the Brookhurst Street Widening from Ball Road to Katella Avenue
project (R/W ACQ2009- 00351).
14. Approve an Agreement for Acquisition of Real Property with Woo Sun Chung and Hyun
AGR -6378 Kyung Chung, Trustees, in the acquisition payment amount of $550,000, for property
located at 2172 West Harriet Lane for the Brookhurst Street Widening from Ball Road to
Katella Avenue project (R/W ACQ2009- 00363).
15. Approve an Agreement for Acquisition of Real Property with Jay H. Funsch, in the
AGR -6379 acquisition payment amount of $336,000, for property located at 1640 West Lullaby
Lane for the Brookhurst Street Widening from Ball Road to Katella Avenue project (R/W
ACQ2009- 00361).
16. Approve an Agreement for Acquisition of Real Property with Robert J. Borrmann and
AGR -6380 Barbara C. Borrmann, Co- Trustees, in the acquisition payment amount of $384,000, for
property located at 1632 South Brookhurst Street for the Brookhurst Street Widening
from Ball Road to Katella Avenue project (R/W ACQ2009- 00348).
17. Approve Amendment No. 1 to Cooperative Agreement No. C -9 -0306 with Orange
AGR.4183.I.1 County Transportation Authority for the Renewed Measure M Go Local Program Project
V for the development of local bus /shuttle service planning.
19. Approve and authorize the City Manager to execute the Second Amendment to
AGR- 2792.2 Agreement with Unique Management Services, Inc., d.b.a. Unique National Collections,
extending the contract for assistance in library material and fine recovery for a two year
period with the option for two, two -year renewals.
20. RESOLUTION NO. 2010 -135 A RESOLUTION OF THE CITY COUNCIL OF
R100 THE CITY OF ANAHEIM authorizing the destruction of certain City records more than
two years old (Public Works).
21. RESOLUTION NO. 2010 -136 A RESOLUTION OF THE CITY COUNCIL OF
P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
certain real properties or interests therein (City Deed Nos. 11365, 11367, 11368, 11369).
Council Meeting Minutes of August 24, 2010
Page 5 of 11
22.
RESOLUTION NO. 2010 -137 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM requesting temporary closures to Caltrans 1 -5 offramps for
R100
Disneyland Half Marathon (September 5, 2010; southbound 1 -5 at Harbor Blvd.,
southbound 1 -5 at Disney Way, northbound 1 -5 at Katella Ave., North and southbound 1 -5
at Gene Autry Way).
23.
RESOLUTION NO. 2010 -138 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving and authorizing the execution of a Cooperation
AGR- 5407.J
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 (related to Agency Item No. 01).
24.
ORDINANCE NO. 6175 (ADOPTION) AN ORDINANCE OF THE CITY OF
M142
ANAHEIM repealing Section 1.04.995 of Chapter 1.04 of Title 1 relating to the
Investment Advisory Commission and Section 1.04.997 of Chapter 1.04 of Title 1
relating to the Budget Advisory Commission and adding a new Section 1.04.996 of
Chapter 1.04 of Title 1 of the Anaheim Municipal Code relating to the establishment of
the Budget, Investment and Technology Commission (Introduced at Council meeting of
July 27, 2010, Item No. 30).
27.
ORDINANCE NO. 6178 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
C280
Code relating to zoning (Reclassification No. 2010 - 00236; DEV2010- 00026; Introduced
at Council meeting of July 27, 2010, Item No. 35).
28.
ORDINANCE NO. 6179 (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. 2010 - 00237; DEV2010- 00027; Introduced
at Council meeting of July 27, 2010, Item No. 36).
30.
ORDINANCE NO. 6181 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
M142
ANAHEIM adding Section 14.32.159 to Chapter 14.32 of Title 14 of the Anaheim
Municipal Code relating to parking on designated city streets.
RESOLUTION NO. 2010 -139 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM imposing regulations and restrictions upon South Auto Center
R100
Drive west of South Phoenix Club Drive relating to parking vehicles on public streets
pursuant to Section 14.32.159 of Chapter 14.32 of Title 14 of the Anaheim Municipal
Code.
31. Approve minutes of the Council meeting of July 27, 2010.
END OF CONSENT:
5. Appoint a committee to be chaired by Councilmember Hernandez to explore the
parameters and feasibility of a "Hall of Heroes" recognizing Anaheim residents and
employees who have lost their lives while providing public service to our City.
D116
Greg Garcia, Deputy City Manager /Administration, announced this item was a recommendation
for Council to create a committee to explore the idea of honoring Anaheim's fallen heroes and to
have Council Member Hernandez chair that committee. He indicated that if Council approved
Council Meeting Minutes of August 24, 2010
Page 6 of 11
D175
this request, the process would begin and a recommendation would be brought to Council at a
later date for consideration.
Council Member Hernandez remarked that as a 38 year member of the Anaheim Fire
Department, he had seen sacrifices made by those who served in public safety and he felt it a
more lasting recognition honoring those civilians who lost their lives serving our Country and
community through a Hall of Heroes to memorialize their service indefinitely. If Council
concurred, a committee would explore the feasibility of establishing a Hall of Heroes. Mayor
Pringle moved to approve Item No. 5, seconded by Council Member Hernandez. Roll Call Vote:
Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes —
0. Motion Carried.
7. Reject all bids for the Twila Reid Restroom and Multipurpose Room project.
Mayor Pringle requested information on the bid process and the rationale for rejecting bids for
this project. Natalie Meeks, Public Works Director, announced the project was for
enhancements to the Twila Reid multipurpose room and improvements for ADA compliance.
She explained when bids were opened, the City received a protest from the 4th bidder claiming
the first three bidders did not certify a roof installer in their bids. This turned out to be true, she
remarked, for the second three bidders but not true for the low bidder. The second bidder then
claimed the low bidder did not meet the 30 percent work required to be done by the bidder
under the contract, and upon review by staff, the first low bidder was then disqualified. She
added the next two bidders did not have the certification requirements and the City was then
down to the 4 th low bidder and it was felt in the best interests of the City to reject all bids, clarify
the bid documents and further emphasize the requirement on the roofing system and rebid the
project. Mayor Pringle remarked the second low bidder had stated earlier he felt there was no
requirement to have a certified roof installer at the time bids were opened and Ms. Meeks
responded staff felt that was sufficiently clear as other bidders out of the 13 bids received had
provided that information.
Mayor Pringle remarked that there were many bidders vying for contracts during these
challenging economic times and many protests now occurred as part of the process. He
indicated in this case there were 13 bidders and the lowest nine were within ten percent of the
price valuation of the overall project costs which meant competition was strong. He concurred
in rejecting these bids and clarifying the bid specifications and recommended moving forward as
quickly as possible to rebid the project.
Council Member Hernandez moved to approve Item No. 7 and reject all bids for the Twila Reid
project, seconded by Council Member Galloway. Roll Call Vote: Ayes — 5: Mayor Pringle and
Council Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0. Motion Carried.
18. Approve and authorize the City Manager to execute Amendment No. 1 to the Economic
Assistance Agreement with GardenWalk Hotel I, LLC for the development of two high
qGR- 1491.II1.1 quality hotels on 5.16 acres at the Anaheim GardenWalk project.
Mayor Pringle moved to approve Item No. 18, seconded by Council Member Hernandez. Roll
Call Vote: Ayes — 3: Mayor Pringle and Council Members Hernandez and Sidhu. Noes — 1:
Council Member Galloway. Abstention — 1: Council Member Kring. Motion Carried.
Council Meeting Minutes of August 24, 2010
Page 7 of 11
25. ORDINANCE NO. 6176 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM repealing Sections 1.04.960, 1.04.970, 1.04.980 and 1.04.990 of Chapter
M142 1.04 of Title 1 relating to the Senior Citizen Commission and amending Section
13.04.010 and Section 13.04.030 of Chapter 13.04 of Title 13 of the Anaheim Municipal
Code relating to the membership and duties of the Parks and Recreation Commission
(Introduced at Council meeting of July 27, 2010, Item No. 31).
City Clerk Linda Andal reported that at Council's direction, staff had been asked to explore
options to combine certain city commissions. Ordinance No. 6176 had been introduced at the
last meeting and with its adoption, the Senior Citizen Commission would be resolved and those
duties transferred over to the Parks and Recreation Commission. She added the ordinance
would require one member of the senior commission to be placed in the vacant seat for the
Parks and Recreation Commission with the remaining senior commission members as
subcommittee members.
Council Member Galloway remarked that although she was supportive of the consolidation of
the two commissions, she wanted to recognize those senior citizens who had dedicated their
time and effort serving on the senior committee and did not want their service to go unnoticed;
Council Member Hernandez concurred.
Council Member Galloway moved to adopt Ordinance No. 6276 OF THE CITY OF ANAHEIM
repealing Sections 1.04.960, 1.04.970, 1.04.980 and 1.04.990 of Chapter 1.04 of Title 1 relating
to the Senior Citizen Commission and amending Section 13.04.010 and Section 13.04.030 of
Chapter 13.04 of title 13 of the Anaheim Municipal Code relating to the membership and duties
of the Parks and Recreation Commission, seconded by Council Member Kring. Roll Call Vote:
Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes —
0. Motion Carried.
26. ORDINANCE NO. 6177 (ADOPTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM repealing Section 7.24.030 of Chapter 7.24 of Title 7 of the Anaheim
Municipal Code relating to putting handbills in or upon vehicles (Introduced at Council
meeting of July 27, 2010, Item No. 32).
Aaron Harp, Senior Assistant City Attorney, reported that in the case of Kline vs. City of San
Clemente, the U.S. 9th circuit court of appeals invalidated an ordinance prohibiting the
placement of handbills on parked vehicles based on first amendment grounds. As the City of
Anaheim had a similar ordinance to the one that was invalidated in San Clemente, staff
requested Council take action to repeal the ordinance given the 9th Circuit's ruling.
Council Member Galloway moved to adopt ORDINANCE NO. 6177 OF THE CITY OF
ANAHEIM repealing Section 7.24.030 of Chapter 7.24 of Title 7 of the Anaheim Municipal Code
relating to putting handbills in or upon vehicles, seconded by Council Member Sidhu. Roll Call
Vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu.
Noes — 0. Motion Carried.
Council Meeting Minutes of August 24, 2010
Page 8 of 11
29. ORDINANCE NO. 6180 (ADOPTION) AN URGENCY ORDINANCE OF THE CITY
OF ANAHEIM fixing and levying a property tax on the full cash value of all property
D106 within the corporate limits of the City of Anaheim for the fiscal year 2010/2011 and
declaring the urgency therefor and that this ordinance shall take immediate effect.
A copy of the full text of the proposed Ordinance is available for review in the Office of
the City Clerk.
Kristine Ridge, Acting Finance Director, explained Item No. 29 would provide for immediate
adoption of an enabling ordinance that would set the tax rate for the current fiscal year to pay
the debt service on general obligation bonds established in 1986. She indicated staff had
returned each year to set the tax levy based on property assessed value and the debt service
for storm drains. This action, she added, was required by the Charter. To answer Mayor
Pringle's question, the tax increase was approximately 36 cents more on a $400,000 home.
Council Member Galloway moved to adopt ORDINANCE NO. 6180 OF THE CITY OF
ANAHEIM fixing and levying a property tax on the full cash value of all property within the
corporate limits of the City of Anaheim for FY 2010/11 and declaring the urgency and that this
ordinance shall take immediate effect, seconded by Council Member Hernandez. Roll Call
Vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu.
Noes — 0. Motion Carried.
PUBLIC HEARINGS:
32. This is a public hearing to consider approval of the Police Department's Expenditure
D160 Plan for the fiscal year 2010/11 Supplemental Law Enforcement Services Fund ( SLESF)
award from the State budget, in the approximate amount of $424,064.
Police Chief John Welter reported the Anaheim Police Department had been the recipient of
SLESF funds since 1996 to support front line police services. Over the years the grants had
been used to fund civilian staff positions and would continue to do so for six professional civilian
positions in this fiscal year. He stated the anticipated award was approximately $424,064 as
adopted in the current budget and would be monitored to determine if any changes occurred
necessitating a budget revision. He added should the grant be less than anticipated, the
department was prepared to fund the loss through the general fund, through unfilled position
vacancies anticipated for this current year.
Mayor Pringle opened public hearing and receiving no comments, closed the public hearing.
Council Member Kring moved to approve Item No. 32, seconded by Council Member Sidhu.
Roll Call Vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and
Sidhu. Noes — 0. Motion Carried.
33. This is a public hearing to consider the introduction of an ordinance eliminating the time
limit on establishment of loans, advances and indebtedness with respect to the Plaza
Project as a constituent subarea of the Anaheim Merged Redevelopment Project.
ORDINANCE NO. 6182 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM eliminating the time limit on establishment of
loans, advances and indebtedness with respect to the Plaza Project as a constituent
subarea of the Anaheim Merged Project; and making other findings in connection
therewith.
Council Meeting Minutes of August 24, 2010
Page 9 of 11
Elisa Stipkovich, Community Development Executive Director, stated staff was requesting
Council approve the elimination of time in which the Plaza Project area could incur debt. She
explained during the life of a redevelopment project area there were several deadlines to meet,
one of which was the time in which debt could be incurred. The Plaza Project area deadline
was June, 2010 and by approving this ordinance, Council would allow any debt to be extended
to 2046 which gives the City more authority to leverage redevelopment funds for the future. The
object was to give each project area within the Anaheim Merged Project Area the maximum
ability to fund improvements.
Mayor Pringle opened the public hearing for comments and receiving none, closed the public
hearing. Council Member Galloway moved to introduce ORDINANCE NO. 6182 OF THE CITY
OF ANAHEIM eliminating the time limit on establishment of loans, advances and indebtedness
with respect to the Plaza Project as a constituent subarea of the Anaheim Merged Project and
making other findings, seconded by Council Member Hernandez. Roll Call Vote: Ayes — 5:
Mayor Pringle and Council Members; Galloway, Hernandez, Kring and Sidhu. Noes — 0.
Motion Carried.
34. CEQA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY- APPROVED
AMENDMENT NO.2 TO THE SECOND AMENDED AND RESTATED
AGR -1463 DEVELOPMENT AGREEMENT NO. 99-01 (DAG2010- 00003) (DEV2010- 00110)
OWNER: Brian C. Davison, Vice President, Katella Anaheim Retail, LLC, c/o Citi-
CMBS & Real Estate Finance, 388 Greenwich Street, 19th Floor, New York, NY 10013
and Ryan Leaderman, DLA Piper LLP (US), 1999 Avenue of the Stars, 4th Floor, Los
Angeles, CA 90067
APPLICANT: Ajesh Patel, Prospera Hotels, 333 City Boulevard West, Suite 1900,
Orange, CA 92868
LOCATION: The Anaheim GardenWalk project is approximately 29.1 acres and
located between Harbor Boulevard and Clementine Street, and Disney Way and
Katella Avenue
The applicant requests an amendment to Development Agreement No. 99 -01,
amending the construction commencement date for the hotels associated with the
Anaheim GardenWalk project.
Environmental Determination: CEQA Mitigated Negative Declaration (Previously
Approved).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved resolution recommending City Council approval of Amendment No.2 to the
Second Amended and Restated Development Agreement No.99 -01 (DAG2010- 00003)
(DEV2010- 00110) (Vote: 7 -0; Chairman Faessel and Commissioners Agarwal, Ament,
Karaki, Persaud, Ramirez and Seymour voted yes)(Planning Commission meeting of
August 2, 2010).
MOTION: H/S Find and determine that the previously- approved Mitigated Negative
Declaration is adequate to serve as the required environmental documentation for this
request.
ORDINANCE NO. 6183 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM (i) approving Amendment No. 2 to the Second Amended and Restated
Development Agreement No. 99 -01 by and between the City of Anaheim and
Gardenwalk Hotel I, LLC (ii) making certain findings related thereto, and (iii) authorizing
the Mayor to execute said amendment for and on behalf of the City.
Council Member Kring declared a potential conflict of interest as she owned a business in
the GardenWalk district and excused herself from the dais.
Council Meeting Minutes of August 24, 2010
Page 10 of 11
Sheri Vander Dussen, Planning Director, stated that earlier Council had voted to extend the
terms of the economic development agreement for the Gardenwalk Hotels and action on
this ordinance would extend the development agreement that authorized construction of
those hotels so that the time frames would be consistent.
Mayor Pringle opened the public hearing and hearing no comments closed the public
hearing.
Council Member Hernandez moved to find and determine that the previously- approved
Mitigated Negative Declaration was adequate to serve as the required environmental
documentation for this request and to introduce ORDINANCE NO. 6183 OF THE CITY OF
ANAHEIM (i) approving Amendment No. 2 to the Second Amended and Restated
Development Agreement No. 99 -01 by and between the City of Anaheim and Gardenwalk
Hotel I, LLC (ii) making certain findings related thereto, and (iii) authorizing the Mayor to
execute said amendment for and on behalf of the City, seconded by Council Member Sidhu.
Council Member Galloway remarked that to be consistent with her previous actions, she had
voted no on Item No. 18, but would vote in the affirmative for this project to be built and
completed. Roll Call Vote: Ayes — 4: Mayor Pringle and Council Members: Galloway,
Hernandez and Sidhu. Noes — 0. Abstention — 1: Council Member Kring.
Report on Closed Session Actions: None
Council Communications:
Mayor Pringle congratulated Council Member Hernandez as a recipient of the Paul Harris
Award from the Anaheim Rotary Club.
Council Member Hernandez reported on the passing of Joaquin Rodriguez, Bookmobile
Operator for the Community Services Department. He announced the Heart Walk to be held
on September 19 and the Anaheim Citizen Corps Council named as finalist for the 2010
National Citizen Corps Achievement Awards, Celebrating Resilient Communities by the Federal
Emergency Management Agency.
Council Member Galloway highlighted the Anaheim International Dance Festival inaugural event
where some of the finest dancers from around the world performed. She also recognized
employee Kurt Wallace, Police Department.
Council Member Kring congratulated the Anaheim Family Justice Center for their distribution of
50 car seats to needy families. She announced the Bon Appetit Gala fundraiser at the Anaheim
White House to held on September 10 and the "Road 2 Admission" College Fair to be held on
September 14 remarking that more details could be found on their website,
www.road2admission(ayahoo.com.
Council Member Sidhu spoke of the success of the 4 th Annual Free Health Fair, thanking the
partners, sponsors and dedicated staff which made this event possible. He commented on
Joaquin Rodriquez's service to Anaheim and requested the meeting adjourn in his memory,
Mayor Pringle remarked that while the negatives associated with an economic downturn were
frequently discussed, the positives were not always pointed out. He noted that many projects
were under way using various funding methods which were bringing employment to Anaheim as
well as impacting people's lives; projects such as the Canyon Power Station construction, the
expansion of the 91 freeway, construction of the five grade separations in the City and moving
Council Meeting Minutes of August 24, 2010
Page 11 of 11
forward with the Gene Autry bridge extension. He added the City had worked for years to bring
about these local projects now coming to pass.
Adjournment: At 7:29 P.M., Mayor Pringle adjourned the August 24, 2010 Council meeting in
memory of Joaquin Rodriguez.
Res ctfu ly submitt d,
Linda N. Andal, CIVIC
City Clerk