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2004/12/14 ANAHEIM, CALIFORNIA - CITY COUNCIL ADJOURNED REGULAR MEETING DECEMBER 14, 2004 The City Council of the City of Anaheim met in adjourned regular session at 4:05 P.M. in the Council Chambers of Anaheim City Hall, 200 South Anaheim Boulevard. The Notice of Adjournment was posted at 3:00 P.M. on December 14, 2004 on the exterior door of the Anaheim Council Chambers, announcing the adjournment to 4:00 P.M. due to a lack of quorum. PRESENT: Mayor Pro Tern Richard Chavez, Council Members: Bob Hernandez, Lorri Galloway and Harry Sidhu; (Mayor Curt Pringle temporarily absent) STAFF PRESENT: City Manager David 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 December 10, 2004 at the City Hall outside bulletin board. At 4:06 P.M., Mayor Pro Tern Chavez recessed to closed session for the following items: CLOSED SESSION: 1. CONFERENCE WITH LEGAL COUNSEL-EXISTING L1TIGA TIONSubdivision (a) of Section 54956.9 of the Government Code Name of case: Federal Energy Regulatory Commission Proceedings Re California Independent System Operator (CAISO) and California Power Exchange (Cal PX), FERC Docket No. ELOO-95. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: Gill v. City of Anaheim, OCSC Case No. 03CC07161 3. INITIATION OF LITIGATION PURSUANT TO SUBDIVISION [c) OF SECTION 54956.9 OF THE GOVERNMENT CODE. Number of potential cases: one At 5:25 P.M., Mayor Pringle reconvened the Council meeting. INVOCATION: Pastor Mark Rossington, Zion Lutheran Church and School FLAG SALUTE: Council Member Galloway PRESENTATIONS: Recognizing the 2004 Community Emergency Response Team (CERT) Graduates ANAHEIM CITY COUNCIL MEETING MINUTES December 14,2004 Page 2 Ellen Lopez, CERT Coordinator for the Anaheim Fire Department, indicated this was the 12th graduating class for the volunteer program for training residents and business owners to assist in the time of a major disaster. Ms. Lopez introduced the 52 graduates to Council and the community. Recognizing the Servite High School Cross-Country Team Coach Richard Gibbs and Assistant Coach Mike Blaze introduced the Cross-Country State Championship team members. ACCEPTANCE OF OTHER RECOGNITIONS (to be presented at a later date): Recognizing the Orange County Social Services Agency, Children and Family Services Recognizing Tuba Christmas Recognizing donors for the Reception for newly elected Anaheim City Council Members Recognizing the Feedback Foundation At 5:50 P.M., Mayor Pringle recessed the Council session to call to order the Redevelopment Agency, and reconvened the Council meeting at 6:03 P.M. ADDITIONSIDELETIONS TO THE AGENDA: Item 64 was requested to be continued to January 11, 2005. Council Member Hernandez moved to continue Item 64, seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - O. Motion Carried PUBLIC COMMENTS: James Robert Reade related Police Department concerns. Bob Carter, resident, addressed Council regarding a traffic safety concern at the intersection of Sunkist and State College Boulevard for the 45 residents exiting the housing tract at that location. Mr. Carter requested Traffic Division move the stop sign at the west corner of Paradise Lane to the east to allow residents to turn left into the tract. In addition, since parking would no longer be available on Lincoln Avenue, Mr. Carter requested the alleyways be resurfaced to accommodate guest parking Mayor Pringle referred Mr. Carter to Gary Johnson, Director of Public Works/City Engineer to review Mr. Carter's concerns and to follow-up with a report back to Council. Wayne Peterson, resident, apprised Council Members Chavez and Galloway of legal action. William Fitzgerald, Anaheim Home, objected to special interest developers associated with the Garden Walk Project, specifically opposing municipal rebate funds. Ed Perez, General Manager of Heritage Forum, announced the Nutcracker Ballet to debut on Sunday, December 19th at the Forum. ANAHEIM CITY COUNCIL MEETING MINUTES December 14, 2004 Page 3 Christine Bauman and Mitchell Bradford, Orange County Chapter of the Building Industry Association, presented the Ruby Slippers Award to Mayor Pringle for demonstrating extraordinary commitment to providing solutions to housing in Orange County. Mayor Pringle accepted on behalf of the entire City Council. Kathryn Smith, resident, spoke in support of the Garden Walk Project for the positive impact it would have on the neighborhood and its residents. Michael Baker, Executive Director of the Boys and Girls Clubs of Anaheim, welcomed the new council members and thanked the Operations Manager and staff of the Public Works Department for donating eight DVD players for club sites at their own cost. Alma Ramirez offered comments in the Japanese language. Mayor Pringle, with the consent of Council, removed Item 36 from the Consent Calendar for a brief presentation prior to action by the Council. 36. Direct staff to proceed with the annexation of County Islands 6, 7 & 8, collectively A203 known as "Garza Strip" substantially in accordance with the memorandum deal points negotiated between the City and County. Chris Norby, Orange County Supervisor for the 4th district, spoke on Item 36 indicating he was strongly supportive of the annexation of 8,000 residents residing in County Islands 6, 7 and 8. He emphasized these residents attend Anaheim schools and their destiny lay with the City rather than with Orange County. Tom Wood, Assistant City Manager, reported the three islands which comprised the annexation, was the last group of County islands within Anaheim's sphere of influence and the last in a long process of annexations the City had been considering. He remarked this annexation would be a cost-neutral transfer and in terms of time lines, the Board of Supervisors would consider the matter on December 21st. The transfer was anticipated to take place in six months after an extensive outreach to the affected residents. Mayor Pringle commended both City and County staff for their efforts. He indicated that upon incorporation, the island residents would have five members of the City Council addressing their concerns with a greater opportunity to provide City services. He also pointed out the residents would then have the ability to vote in City elections on issues that directly impact their neighborhoods. Council Member Hernandez moved to direct staff to proceed with the annexation of County Islands 6, 7 & 8, seconded by Council Member Chavez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. CONSENT CALENDAR: Mayor Pringle removed Item 32 and 33 for separate discussion, Council Member Galloway removed Item 10 and Council Member Sidhu removed Item 17. ANAHEIM CITY COUNCIL MEETING MINUTES December 14,2004 Page 4 Council Member Hernandez moved approval of Consent Calendar Items 6- 58, seconded by Council Member Galloway, to waive reading in full of all ordinances and resolutions and to approve the following in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez, and Sidhu. Noes - O. Motion carried. 6. Reject certain claims filed against the City. C118 7. Receive and file the Investment Portfolio Report for the month of November 2004; D117 minutes of the Budget Advisory Commission meeting held May 19, 2004; minutes of B 105 the Investment Advisory Commission meeting held August 17, 2004; minutes of the Park and Recreation Commission meetings held September 22, 2004 and October 27,2004; minutes of the Golf Commission meeting held September 23,2004; minutes of the Public Utilities Board meeting held October 7, 2004; and minutes of the Public Library Board meeting held October 11, 2004. 8. Approve the 2005 Investment Policy. 0117 9. Accept the low bid and authorize an agreement with Spectrum Care Landscape, in an 3327 amount not to exceed $364,218.34, for landscape maintenance of the rights-of-way, parkways, medians and tree wells for a two year period with three one-year optional renewal options, and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #6521. 11. Accept the low bid of G&W Electric, c/o Banes and Associates, in an amount not to D180 exceed $151,200 (plus tax), for SF6 gas insulated, subsurface load break switches for the Public Utilities Department as required, for a period of one year, with four one- year optional renewals and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #6552. 12. Accept the low bid of Koch Material Company, in an amount not to exceed $63,636, D180 for the purchase and delivery of SS-1 H asphalt sealant for a one year period with four one-year renewal options and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #6555. 13. Ratify the issuance of a change order to CA Short to extend the term of the purchase 0180 order and increase the not to exceed amount by $15,000, bringing the total to $65,000, to supply and administer the service award program in accordance with Bid #6069. 14. Approve an increase in the mileage reimbursement rate from 37.5 cents to 40.5 cents 0154 per mile to match the increase approved by the Internal Revenue Service for calendar year 2005, in accordance with the Memoranda of Understanding for the various employee bargaining units. 15. Waive the sealed bidding requirement of Council Policy 306 and authorize the D160 Finance Director to execute a lease agreement and all related documents for a new ANAHEIM CITY COUNCIL MEETING MINUTES December 14,2004 Page 5 helicopter for the Police Department. 16. Waive the sealed bidding requirement of Council Policy 306 and authorize the D180 Purchasing Agent to extend the current purchase order with Hernandez City Services for a period of up to six additional months, for shopping cart retrieval services for the Planning Department. 18. Award the contract to the lowest responsible bidder, Allsup Corporation, in the 3315 amount of $336,950, for the Compressed Natural Gas (CNG) storage tank at the Fleet/Facility Yard and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 19. Award the contract to the lowest responsible bidder, Fleming Environmental, in the 3316 amount of $74,947, for the Lewis Substation underground fuel storage tank replacement and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 20. Award the contract to the lowest responsible bidder, Bakersfield Well & Pump 3317 Company, in the amount of $624,349, for the drilling and development of Well #48, Dad Miller Golf Course, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 21. Approve the Acquisition Agreement with Seung Uk and Myong Ja Choi, in the 3318 acquisition payment amount of $10,000, for the purchase of real property located at 101-111 North State College Boulevard for the Lincoln Avenue and State College Boulevard Intersection Project. 22. Approve the Acquisition Agreement with Great Western Anaheim Car Washes, L.P., 3319 in the acquisition payment amount of $9,200, for the purchase of real property located at 125 North Brookhurst Street and 2217 West Lincoln Avenue for the Lincoln Avenue and Brookhurst Street Intersection Improvement Project. 23. Approve the Final Map and Subdivision Agreement of Tract No. 16465 with P178 Katella/Anaheim 16, LLC, relating to property located at 1597 West Katella Avenue. 24. Approve Contract Change Order No.1 in favor of Inspection Engineering 2843 Construction, in the amount of $17,479.70, relating to the Lincoln Avenue Intelligent Transportation System/Signal Improvements Project (Muller Street to Citron Street). 25. Adopt a Negative Declaration of Environmental Impact for the widening of Lincoln N350 Avenue from State College Boulevard to Sunkist Street. 26. Approve the second amendment to the annual services agreement with Merit Civil 2844 Engineering, Inc., in an additional amount not to exceed $50,000, for general civil engineering on-call services and support for public works projects. 27. Approve the First Amendment to the Agreement with the County of Orange, Office on 3328 Aging, to extend the term of the agreement for an additional two months and revise the budget to provide for the extension (from February 1, 2005 to March 31, 2005). ANAHEIM CITY COUNCIL MEETING MINUTES December 14,2004 Page 6 28. Award Master Agreement contracts for water system repair, maintenance, immediate 3320 response and miscellaneous construction with: Steve Bubalo Construction Company; 3321 PrecisionPipeline, Inc.; J.R. Filanc Construction Company, Inc.; and Neal Electric 3322 Corp. dba Nealectric, Inc. and authorize the Public Utilities General Manager to 3323 administer said Master Agreements. 29. Approve the Plumbing Utility Agreement with Freeman Decorating Services, Inc. to 3324 vide for various plumbing services, on a non-exclusive basis, to persons at the Convention Center who require such services in connection with events. 30. Approve the Electrical Utility with Freeman Decorating Services, Inc. to provide 3325 various electrical services, on a non-exclusive basis, to persons at the Convention Center who require such services in connection with events. 31. Authorize the Convention, Sports and Entertainment Department's Executive Director 3326 execute certain Federal Aviation Administration (FAA) forms required for the designation of the Angel Stadium of Anaheim as a temporary heliport. 34. Approve Amendment NO.2 to the Agreement with Melzer, Deckert and Ruder, 2845 Architects, Inc., for consultant services to provide construction document and construction observation services for the Anaheim Hills Golf Course Clubhouse project. 35. Approve Amendment No. 11 to an Agreement with Taormina Industries Inc. to haul 1483 tree waste for recycling purposes. 37. Accept the donation of three automated external defibrillators (AEDs) from Anaheim D129 Memorial Medical Center. 38. Approve the 2005 health plan rates for Kaiser Colorado Springs Region and authorize D154 the Human Resources Manager to execute all required documents on behalf of the City of Anaheim. 39. Approve the 2005 health plan rates for Kaiser Denver Region and authorize the D154 Human Resources Manager to execute all required documents on behalf of the City of Anaheim. 40. Authorize the City Manager to direct Ernst & Young to complete its audit of Anaheim's D116 fuel cost allowance claim, as required by the Federal Energy Regulatory Commission (FERC) in Docket No. ELOO-95, and authorize the City Manager to approve the necessary expenditures to complete the audit. 41. Authorize the City Manager to approve the Professional Services Agreement with 3333 EDAW Inc., in an amount not to exceed $50,000, to provide on-call planning consulting services for projects within The Platinum Triangle. 42. Approve and authorize the Public Utilities General Manager to execute a Joint Trench 3334 Agreement with TCG Los Angeles, to facilitate joint trench construction cost sharing ANAHEIM CITY COUNCIL MEETING MINUTES December 14,2004 Page 7 for work within Underground District No. 46, Santa Ana Street Phase I (District No. 46). 43. Approve and authorize the Public Utilities General Manager to execute the 3336 Construction Management Services Agreement with Sargent & Lundy Engineers, Ltd., at a cost not to exceed $387,200, for the Park 69/12kV Substation Project. 44. Approve and authorize the Public Utilities General Manager to execute the proposed 3337 Natural Gas Services Agreement and Master Sale Agreement with Coral Energy Resources for gas services. 45. Approve and authorize the Public Utilities General Manager to execute the 3338 Telecommunications License Agreement with Living Stream, Inc. to provide fiber optics connectivity and approve additional telecommunications license agreements and related documents on the same terms and for additional City telecommunications facilities to be located at the same site, and to take such actions as are necessary to implement and administer the additional license agreements. 46. Approve an agreement with FedEx Kinko's Inc. which establishes FedEx Kinko's as 3329 the exclusive operator of the Business Service Center located within the lobby of the Anaheim Convention Center. 47. RESOLUTION NO. 2004-234 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM 0154 adopting a Memorandum of Understanding establishing terms and conditions of employment for employees in classifications assigned to the General Truck Drivers Union, Local 952, and the City of Anaheim. 48. RESOLUTION NO. 2004-235 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM D154 amending Resolution No. 92R-17 to amend Rule 33 (Post-Retirement Medical Benefits) as it relates to members of the City Council and the Redevelopment Agency. 49. RESOLUTION NO. 2004-236 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM 0154 amending Resolution No. 97R-101 which established rates of compensation for non- represented part-time job classifications. RESOLUTION NO. 2004-237 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 92R-17 which established personnel rules for management, confidential and non-represented part-time classifications. Approve that employees in the classifications of Head Parking Lot Attendant and Head Parking Lot Cashier who work 800 or more hours in calendar year 2004, receive a one-time lump sum payment of two percent of the employees 2004 gross earnings. 50. RESOLUTION NO. 2004-238 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM T104 pursuant to Section 53334 of the Government Code of the State of California to consider altering the public facilities financed by Community Facilities District No. 1989-1 (Sycamore Canyon) of the City of Anaheim, California. ANAHEIM CITY COUNCIL MEETING MINUTES December 14, 2004 Page 8 Public hearing scheduled January 25, 2005. RESOLUTION NO. 2004-239 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM pursuant to Section 53334 of the Government Code of the State of California to consider altering the public facilities financed by Community Facilities District No. 1989-2 (The Highlands) of the City of Anaheim, California. Public hearing scheduled January 25, 2005. RESOLUTION NO. 2004-240 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM pursuant to Section 53334 of the Government Code of the State of California to consider altering the public facilities financed by Community Facilities District No. 1989-3 (The Summit) of the City of Anaheim, California. Public hearing scheduled January 25, 2005. 51. RESOLUTION NO. 2004-241 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM D114 establishing the days and times of regular meetings of the City Council. 52. RESOLUTION NO. 2004-242 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM P124 accepting certain deeds conveying to the City of City of Anaheim certain real property or interests therein (City Deed Nos. 10788, 10789, 10791). 53. RESOLUTION NO. 2004-243 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM P124 accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 10792 through 10796). 54. RESOLUTION NO. 2004-244 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM P178 accepting certain irrevocable offers of dedication to the City of Anaheim of certain real properties or interests therein (Tract Map Nos. 12695, 14429, and 16359). 55. RESOLUTION NO. 2004-245 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM P124 accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed No. 10790). Authorize the acquisition payment to OTR, in the amount of $53,000, for property located at 8020 East Santa Canyon Road for the purpose of development of the Park Substation 56. RESOLUTION NO. 2004-246 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM P124 accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed NO.1 0787). 57. RESOLUTION NO. 2004-247 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM P110 declaring its intention to vacate certain public streets, highways, and easements [ABA2004-00098, 1751 South State College Boulevard and 1801 Katella Avenue (Stadium Lofts Project)]. Public hearing scheduled January 25, 2005. ANAHEIM CITY COUNCIL MEETING MINUTES December 14, 2004 Page 9 58. Approve minutes of the Council meeting held November 9, 2004 END OF CONSENT CALENDAR 10. Accept the low bid and authorize an agreement with Master Landscape and 1481 Maintenance, in an amount not to exceed $40,075.20, for landscape maintenance at the Anaheim Civic Center and the Maintenance Facility for a two year period with three one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #6530. Terry Lowe, Community Services Director, indicated Item 10 would adopt the low bid for landscape maintenance of the Civic Center and City Yard. Council Member Galloway questioned the large gap between the high and low bidder. City Manager Dave Morgan stated that as the difference between the low bid and the second low bid was minor, the bid offers were in line. He remarked that occasionally vendors not really wanting the job may bid a substantially higher amount. Council Member Chavez moved to approve Item 10, seconded by Council Member Sidhu. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - O. Motion Carried 32. Approve a Negative Declaration for the East Anaheim Youth Center/Gymnasium N350 project. Mr. Lowe reported Item 32 was seeking environmental approval of a Negative Declaration for a project well into the planning stage, the East Anaheim Youth Center and Gymnasium. The next step, he explained, was to go to the voters of the three Mello Roos districts to provide for a change in the use of the land. Mr. Lowe pointed out that process had been followed on several occasions as the site initially was earmarked for a police facility and community center and then had received approval to establish a library branch. The next step in the ultimate build-out of the site, he explained, was the youth center and the City would be taking that proposal to the voters in May. Shortly thereafter, the project would be bid and October 2006 was estimated for the dedication of the new facility. Mayor Pringle emphasized there would be no cost to the homeowners in the Mello Roos districts as the City would bear the cost of the youth center in its continuing effort to address recreational needs throughout the City. Council Member Sidhu moved to approve the Negative Declaration for the East Anaheim Youth Center, seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - O. Motion Carried 33. Approve a Negative Declaration for the Energy Playfield project. N350 Mr. Lowe indicated that Item 33 was for property in the southern portion of the City that was part of a Southern California Edison right-of-way and that staff was working cooperatively with the Utilities Department for the proposed playfield to be located at that site. Mr. Lowe stated the field was directly adjacent to the Hermosa Village project which had made ANAHEIM CITY COUNCIL MEETING MINUTES December 14,2004 Page 10 tremendous improvements over the last couple of years but had been lacking a park facility. He indicated the playfield would be a demonstration project for solar-related power sources which would provide power for the park and also feed back into the power grid. There were no significant environmental impacts and staff requested Council's approval of the Negative Declaration. Council Member Sidhu questioned the height of the power lines, and the Utilities Department response indicated the 230kV lines were 100 to 200 feet high and not a concern for the playfield participants. Council Member Hernandez moved to approve the Negative Declaration for the Energy Playfield Station, seconded by Council Member Chavez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - O. Motion Carried 17. Accept the proposal and authorize the Purchasing Agent to issue a purchase order 0180 for a Computer-Aided Dispatch (CAD) and Records Management System (RMS) to Versaterm, in an amount not to exceed $2,804,159; authorize the Finance Director to execute a lease agreement for the funding of the CAD/RMS system; authorize the Police Chief to execute all related documents associated with the purchase and implementation of the Versaterm CAD/RMS system in an amount not to exceed $5,400,000; and increase the Police Department's Fiscal Year 2004/2005 expenditure appropriation by $610,000 to cover current year expenses associated with the CAD/RMS implementation. Chief John Welter reported the current dispatch system had been installed in 1987 and although the City kept it going all these years, it was an old system and could no longer do what was necessary for crime analysis and records management. The old system, he explained, was proprietary in nature and could not be updated by the vendor. The new system, he explained, would give the Police Department an opportunity to identify crime trends in a more timely manner, and give police and the community information needed to work together in solving problems. In addition, Chief Welter noted the records management system would allow officers to file reports electronically and at some point send those reports in a wireless format. He stated this system was the foundation of about four years of projects that would tie into a number of grants that dealt not only with crime but with homeland security. Council Member Sidhu was supportive of moving forward with the new technology remarking that if the City did not upgrade, the Police Department would be slowed down in its function. Council Member Chavez asked if this system would improve tracking calls for service, remarking that in the past, reports had been inaccurate as to how many service calls had been made to a particular location, referencing a past child abuse case. Chief Welter responded in the affirmative stating the new system would give the City more data and in a more timely matter. Council Member Chavez asked how the system compared to the dispatch system in the Fire Department. The City Manager responded that the Fire Department dispatch system was newer and had been kept current and up to date and he was not aware of any serious issues with it. Council Member Hernandez moved to approve Item 17, seconded by Council Member Sidhu. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - O. Motion Carried ANAHEIM CITY COUNCIL MEETING MINUTES December 14,2004 Page 11 59. Consider the Request for Rehearing and Declaration of Merit submitted by Grace Kim C220 relating to Conditional Use Permit No. 2004-04857, property located at 3026 West Ball Road. (Council approved Conditional Use Permit No. 2004-04857 at the meeting of November 9,2004; 3 ayes and 2 noes, Council Member Hernandez and former Council Member McCracken voted no). Dennis Kim, representing Grace Kim, requested Council consider the Request for Rehearing and Declaration of Merit for several reasons. He felt false statements had been submitted during the public hearings, that the public hearings had been unfair, that Council did not take the recommendation of staff or the Planning Commission, and that Council unfairly favored the opposing party. Jack White, City Attorney, explained that the Municipal Code specified four grounds upon which Council could, at its discretion, grant a rehearing and were listed in the Declaration of Merit. He explained there was a legal requirement that any person who wished to legally challenge the decision of the Council had to go through the process of requesting a rehearing. Mayor Pringle stated this item had been before Council with a full and complete public hearing with audiences invited to participate. At that time, he explained, Council Member Tom Tait was not present, and after hearing a complete presentation by all parties, a tie vote had been taken. Council then allowed this item to continue until all five members of Council were present to break the tie vote. He remarked that the appellant had a second opportunity to provide a complete presentation and that Council had heard this matter fully on two occasions and ultimately took action. The Mayor also stated that Council had the discretion to agree with all or some of the points expressed by staff, all or some of the points made by the Planning Commission and had heard and weighed comments from the public before making their decision. Mayor Pringle stated he believed this item had been addressed fully in the past and preferred the action taken at that time remain. Council Member Chavez concurred with Mayor Pringle and felt Council had given every possible consideration to this item with due diligence and that a decision had been rendered. Council Member Chavez moved to deny the Request for Rehearing, seconded by Council Member Galloway. Council Member Hernandez indicated he was sensitive to the appellant's request and had voted in their favor after the public hearings because he felt that was the right thing to do, however, he could not support the request for rehearing. Council Member Sidhu indicated he had read the information provided and believed the item had been fully heard and addressed with the appellant given several opportunities to make their case. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - O. Motion Carried 60. Nominate one Council Member to serve as Mayor Pro Tem for one year. 0114 APPOINTMENT: Mayor Pro Tem Chavez ANAHEIM CITY COUNCIL MEETING MINUTES December 14,2004 Page 12 Mayor Pringle requested Council Member Chavez continue in the capacity of Mayor Pro Tern, seconded by Council Member Galloway. Council Member Hernandez placed the name of Council Member Sidhu in nomination. With the close of nominations, Mayor Pringle called for a straw vote for Council Member Chavez as Mayor Pro Tem. Roll Call vote: Ayes - 3; Mayor Pringle, Council Members Chavez and Galloway. Noes - 2; Council Members Hernandez and Sidhu. Motion Carried. The Mayor then called for a straw vote for Council Member Sidhu as Mayor Pro tem. Ayes- 2: Council Members Hernandez and Sidhu. Noes -3; Mayor Pringle, Council Members Chavez and Galloway. Motion Failed. Council Member Chavez reappointed to Mayor Pro Tern position. 61. Consider appointing two members to the Budget Advisory Commission to complete B105 the unexpired terms of Ralph Price, term to expire June 30,2005 and Harry Sidhu, term to expire June 30, 2008. APPOINTMENT: APPOINTMENT: (June 30, 2005) (Ralph Price) (June 30, 2008) (Harry Sidhu) With no objection from Council, Mayor Pringle continued this item to January 11, 2005. 62. Consider appointing a member to serve on the Housing and Community B105 Development Commission, representing the South Neighborhood Council, term to expire June 30, 2006. APPOINTMENT: With no objection from Council, Mayor Pringle continued this item to January 11, 2005 63. Consider appointments to Regional Boards and Commissions. B105 Orange County Council of Governments (COG): APPOINTMENT: Council Member Hernandez (currently held by Council Member Hernandez) ALTERNATE: Council Member Chavez (vacant - Tom Tait) Mayor Pringle nominated Council Member Hernandez for the COG appointment and Council Member Chavez as the alternate, seconded by Council Member Galloway. Roll Call vote: Ayes -4; Mayor Pringle, Council Members: Chavez, Hernandez and Galloway. Noes - 1 ; Council Member Sidhu. Motion Carried Orange County Sanitation District (OCSD): APPOINTMENT: Council Member Sidhu (vacant - Shirley McCracken) ANAHEIM CITY COUNCIL MEETING MINUTES December 14,2004 Page 13 Mayor Pringle nominated Council Member Sidhu. With no other nominations offered, the vote was taken. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - O. Motion Carried Orange County Water District (District 9): APPOINTMENT: Council Member Chavez (currently held by Council Member Chavez) Mayor Pringle nominated Council Member Chavez, seconded by Council Member Galloway. With no other nominations offered, the vote was taken. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - O. Motion Carried Southern California Association of Governments (SCAG) APPOINTMENT: (currently held by Council Member Chavez) Mayor Pringle recommended Council Member Hernandez for the appointment. Council Member Hernandez indicated he would accept this nomination if he continued as Transportation Corridor representative. With no objection from Council, Mayor Pringle continued the item. Transportation Corridor Agencies (TCS) Foothill Eastern: APPOINTMENT: Council Member Galloway (currently held by Council Member Hernandez) ALTERNATE: Council Member Chavez (currently held by Council Member Chavez) Mayor Pringle nominated Council Member Galloway for the appointment and Council Member Chavez as the alternate. Council Member Hernandez requested that he continue in that appointment as he now chaired the Finance Committee. With no other nominations offered, a straw vote was taken. Roll call vote for the appointment of Council Member Galloway and Council Member Chavez as alternate: Ayes -3; Mayor Pringle, Council Members Chavez and Galloway. Noes - 2; Council Members Hernandez, Sidhu. Motion Carried. The straw vote taken for the appointment of Council Member Hernandez and Council Member Chavez as the alternate: Ayes - 2: Council Members Hernandez and Sidhu; Noes - 3; Mayor Pringle, Council Members Chavez and Galloway. Motion failed. Santa Ana River Flood Protection Agency (SARFPA): APPOINTMENT: Council Member Chavez vacant - Shirley McCracken) Mayor Pringle recommended Council member Chavez for the appointment. With no other nominations offered, the vote was taken. Roll Call vote: Ayes - 4; Mayor Pringle, Council ANAHEIM CITY COUNCIL MEETING MINUTES December 14,2004 Page 14 Members Chavez, Galloway and Sidhu. Noes - 1; Council Member Hernandez. Motion Carried. Growth Management Areas (GMA 1, 2, 3, 4): GMA1: APPOINTMENT: Council Member Hernandez (currently held by Council Member Hernandez) ALTERNATE: Council Member Sidhu (vacant - Tom Tait) Mayor recommended the appointment of Council Member Hernandez and Council member Sidhu as alternate. With no other nominations offered, the vote was taken. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - O. Motion Carried GMA2: APPOINTMENT: Council Member Hernandez (currently held by Council Member Hernandez) ALTERNATE: Council Member Sidhu (vacant - Tom Tait) Mayor Pringle recommended Council Member Hernandez for the appointment and Council Member Sidhu as the alternate. With no other nominations offered, the vote was taken. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - O. Motion Carried GMA3: APPOINTMENT: Council Member Galloway (vacant - Shirley McCracken) ALTERNATE: Council Member Chavez (currently held by Council Member Chavez) Mayor Pringle recommended Council Member Galloway for the appointment and Council Member Chavez for the alternate. With no other nominations offered, the vote was taken. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - O. Motion Carried GMA4: APPOINTMENT: Council Member Gallowav (vacant - Shirley McCracken) ALTERNATE: Council Member Chavez (currently held by Council Member Chavez) Mayor recommended Council Member Galloway for the appointment and Council Member Chavez as the alternate. With no other nominations received, the vote was taken. Roll Call ANAHEIM CITY COUNCIL MEETING MINUTES December 14,2004 Page 15 vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - O. Motion Carried North Net Joint Powers Fire Training Authority: APPOINTMENT: Council Member Chavez (currently held by Council Member Hernandez) ALTERNATE: Council Member Hernandez (vacant - Tom Tait) Mayor Pringle recommended Council Member Chavez to the appointment and Council Member Hernandez as the alternate. With no other nominations offered, the vote was taken. Roll call vote: Ayes - 4; Mayor Pringle, Council Members: Chavez, Galloway and Sidhu. Noes - 1; Council Member Hernandez. Motion Carried. Orange County-City Hazardous Materials Emergency Response Authority: APPOINTMENT: Council Member Hernandez (currently held by Council Member Chavez) Mayor Pringle nominated Council Member Hernandez to the appointment. With no other nominations offered, the vote was taken. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - o. Motion Carried PUBLIC HEARINGS: 64. Applicant requests continuance to January 11, 2005 Council meeting. C280 RECLASSIFICATION NO. 2003-00109 VARIANCE NO. 2004-04626 TENTATIVE TRACT MAP NO. 16545 AND MITIGATED NEGATIVE DECLARATION: LOCATION: Property is approximately 53 acres, having a frontage of 190 feet at the terminus of Avenida de Santiago, located 260 feet west of the centerline of Pointe Premier. Reclassification No. 2003-00109 - Request reclassification of the property from the T (SC)(Transition; Scenic Corridor Overlay), formerly the RS-A-43,000(SC) (Residential/Agricultural; Scenic Corridor Overlay) zone to the RH-2(SC) (Single- Family Hillside Residential; Scenic Corridor Overlay) and OS (SC) (Open Space; Scenic Corridor Overlay) zones. Variance No. 2004-04626 - Request waiver of required private street standards to construct a private residential street without sidewalks or parkways. Tentative Tract Map No. 16545 - Request to establish a 28-lot, 21-unit detached single-family subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 2003-00109 granted (PC2004-113) (5 yes votes, Commissioners Romero and Velasquez absent) Variance No. 2004-04626 granted (PC2004-114), Tentative Tract Map No. 16545 approved. ANAHEIM CITY COUNCIL MEETING MINUTES December 14,2004 Page 16 Mitigated Negative Declaration approved. (Continued from the Council meeting of November 16, 2004, Item B4). MOTION: CEQA MITIGATED NEGATIVE DECLARATION. RESOLUTION NO.: RECLASSIFICATION NO. 2003-00109. RESOLUTION NO.: VARIANCE NO. 2004-04626. MOTION: TENTATIVE TRACT MAP NO. 16545. This item continued to January 11, 2005 65. A public hearing to consider the abandonment of an equestrian and hiking easement P110 located at 384 and 388 Ramsgate Drive (ABA2004-00092). At the meeting of October 26, 2004, ItemA11 , the Anaheim City Council adopted Resolution No. 2004-209 declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2004-00092). REQUESTED BY: Charles Bogner, 3500 Catamaran Drive, Corona del Mar, CA 92625. MOTION: CEQA FINDING: CATEGORICALLY EXEMPT, CLASS 5. RESOLUTION NO.: 2004-248, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF THAT CERTAIN 10 FOOT EQUESTRIAN AND HIKING EASEMENT LOCATED AT 384 AND 388 RAMSGATE DRIVE (ABANDONMENT NO. 2004-00092). MOTION: Approve an agreement for the sale of the City's right, title and interest in and to the abandoned area. MOTION: Approve the quitclaim of the City's right, title and interest in the abandoned area. Natalie Meeks, Public Works Department, indicated the abandonment was for an easement of a hiking trail that was never developed and staff was recommending abandonment of that easement. Mayor Pringle opened the public hearing and receiving no testimony, closed the hearing. Council Member Sidhu moved to approve the CEQA finding of Categorically Exempt, Class 5; to approve RESOLUTION NO. 2004-248 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF THAT CERTAIN 10 FOOT EQUESTRIAN AND HIKING EASEMENT; to approve an agreement for the sale of the City's right, title and interest in the abandoned area; and to approve the quitclaim of the City's right, title and interest in the abandoned area, 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 December 14,2004 Page 17 66. A public hearing to consider the abandonment of a portion of a utility easement P110 generally located at 6419 East Via Arboles (ABA2004-00093). At the meeting of October 26, 2004, Item A 12, the Anaheim City Council adopted Resolution No. 2004-R210 declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2004-00093). REQUESTED BY: Irene S. Craig, 6419 East Via Arboles, Anaheim, CA 92807. MOTION: CEQA FINDING: CATEGORICALLY EXEMPT, CLASS 5. RESOLUTION NO.:2004-249 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING THE PORTION OF THAT CERTAIN SIX FOOT PUBLIC UTILITY EASEMENT LOCATED AT 6419 EAST VIA ARBOLES (ABANDONMENT NO. 2004- 00093) MOTION: Approve the quitclaim of the City's right, title and interest in the abandoned area. Natalie Meeks, Public Works Department, reported the abandonment was requested by the property owner who planned to subdivide the property. She indicated the easement was required but would be relocated. Mayor Pringle opened the public hearing and receiving no testimony, closed the hearing. Council Member Sidhu moved to approve the CEQA finding of Categorically Exempt, Class 5; to approve Resolution No. 2004-249 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING THAT PORTION OF THAT CERTAIN SIX FOOT PUBLIC UTILITY EASEMENT LOCATED AT 6419 EAST VIA ARBOLES; and to approve the quitclaim of the City's right, title and interest in the abandoned area, seconded by Council Member Galloway. Roll Call vote: Ayes - 4; Mayor Pringle, Council Members Chavez, Galloway, and Sidhu; Noes - O. Absent - 1; Council Member Hernandez temporarily absent. Motion Carried 67. A public hearing to consider the abandonment of a public utility easement located at P110 384 Ramsgate Drive (ABA2004-00094). At the meeting of October 26, 2004, Item A 13, the Anaheim City Council adopted Resolution No. 2004-211 declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2004-00094). REQUESTED BY: Charles Bogner, 3500 Catamaran Drive, Corona del Mar, CA 92625. MOTION: CEQA FINDING: CATEGORICALLY EXEMPT, CLASS 5. RESOLUTION NO.: 2004-250 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF THAT CERTAIN 30 FOOT PUBLIC UTLlTY EASEMENT LOCATED AT 384 RAMSGATE DRIVE (ABANDONMENT NO. 2004-00094). MOTION: Approve the quitclaim of the City's right, title and interest in the abandoned area. ANAHEIM CITY COUNCIL MEETING MINUTES December 14,2004 Page 18 Natalie Meeks, Public Works Department, indicated this was a public hearing to consider abandonment of an easement requested by the property owner. She explained access to the property was being relocated and the public utility easements were also being relocated. Mayor Pringle opened the public hearing, and receiving no testimony, closed the hearing. Council Member Chavez moved to approve the CEQA finding of Categorically Exempt, Class 5, to approve Resolution No. 2004-250 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING THAT PORTION OF A CERTAIN 30 FOOT PUBLIC UTILITY EASEMENT LOCATED AT 384 RAMSGA TE DRIVE; and to approve the quitclaim of the City's right, title and interest in the abandoned area, seconded by Council Member Sidhu. Roll Call vote: Ayes - 4; Mayor Pringle, Council Members Chavez, Galloway, and Sidhu; Noes - O. Absent - 1; Council Member Hernandez temporarily absent. Motion Carried 68. A public hearing to consider the abandonment of a water fire line and vault assembly P110 easement located at 1380 South Harbor Boulevard (ABA2004-00095). At the Council meeting of November 9,2004, Item A14, the Anaheim City Council adopted Resolution No. 2004-220 declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2004-00095). REQUESTED BY: David Seager, Owner's Representative, 1380 South Harbor, Anaheim, CA 92802. MOTION: CEQA FINDING: CATEGORICALLY EXEMPT, CLASS 5. RESOLUTION NO.:2004-251 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING THAT PORTION OF A CERTAIN PUBLIC UTILITY EASEMENT LOCATED AT 1380 SOUTH HARBOR BOULEVARD (ABANDONMENT NO. 2004- 00095) MOTION: Approve the quitclaim of the City's right, title and interest in the abandoned area. Natalie Meeks, Public Works Department indicated the water facilities were no longer in existence in the easement and the owner had requested abandonment to provide for a monument sign and additional parking for his business. Mayor Pringle opened the public hearing, and receiving no testimony, closed the hearing. Council Member Sidhu moved to approve the CEQA finding of Categorically Exempt, Class 5; to approve RESOLUTION NO. 2004-251 VACATING THAT PORTION OF A CERTAIN PUBLIC UTILITY EASEMENT LOCATED AT 1380 SOUTH HARBOR BLVD. and to approve the quitclaim of the City's right, title and interest in the abandoned property, seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - O. Motion Carried 69. A public hearing to consider the abandonment of a portion of an electrical easement P110 located at 1669 West Cerritos Avenue (ABA2004-00096). ANAHEIM CITY COUNCIL MEETING MINUTES December 14,2004 Page 19 At the meeting of November 9, 2004, Item A 15, the Anaheim City Council adopted Resolution No. 2004-221 declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2004-00096). REQUESTED BY: Loan Nguyen, 1669 West Cerritos Avenue, Anaheim, CA 92802. MOTION: CEQA FINDING: CATEGORICALLY EXEMPT, CLASS 5. RESOLUTION NO.: 2004-252 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING ELECTRICAL EASEMENT LOCATED AT 1669 WEST CERRITOS AVENUE (ABANDONMENT NO. 2004-00096). MOTION: Approve the quitclaim of the City's right, title and interest in the abandoned area. Natalie Meeks indicated this was an abandonment of an electrical easement no longer necessary. She explained the property was being redeveloped and replacement easements would be provided. Mayor Pringle opened the public hearing, and receiving no testimony, closed the hearing. Council Member Hernandez moved to approve the CEQA finding of Categorically Exempt, Class 5; to approve RESOLUTION NO. 2004-252 VACATING AN ELECTRICAL EASEMENT LOCATED AT 1669 WEST CERRITOS AVENUE; and to approve the quitclaim of the City's right, title and interest in the abandoned area, seconded by Council Member Chavez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - O. Motion Carried 70. AMENDMENT TO CONDITIONAL USE PERMIT NO. 4078 C220 AMENDMENT NO.1 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT 1463 AMENDMENT NO.1 TO THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 ADDENDUM TO POINTE ANAHEIM INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION: OWNERS: Anaheim GardenWalk, LLC, 17140 Bernardo Center Drive, #300 San Diego, CA 92128 Pyrovest Corp., 1101 E. Garvey Avenue, #208, Monterey Park, CA 91755-3055 Zabys Rip Van Winkle Inc., 444 West Katella Avenue, Anaheim, CA 92802 AGENT: Price Legacy Corporation, 17140 Bernardo Center Drive, #300 San Diego, CA 92128 LOCATION: Approximately 29.1 acres, located between Harbor Boulevard and Clementine Street, and Disney Way and Katella Avenue, identified as the Anaheim GardenWalk Site (formerly known as the Pointe Anaheim Lifestyle, Retail and Entertainment project). Conditional Use Permit No. 4078: Request to amend the conditions of approval regarding the commencement date of the Initial Development Phase. Amendment No.1 to the First Amended and Restated Development Agreement No. 99-01: Request for amendment regarding the commencement date of the Initial ANAHEIM CITY COUNCIL MEETING MINUTES December 14,2004 Page 20 Development Phase and assignment and assumption of the Development Agreement by Anaheim GW, LLC. ACTION TAKEN BY THE PLANNING COMMISSION: Action pending the December 13, 2004 Planning Commission public hearing. MOTION: CEQA FINDING: Determine that the previously-approved Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration is adequate to serve as the required environmental documentation for the proposed actions and to satisfy all the requirements of CEQA and that no further environmental documentation need be prepared for the proposed actions. RESOLUTION NO.:2004-253 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM Amending Conditional Use Permit No. 4078 to extend the date by which developer must commence construction of the initial phase of development. MOTION: Approving Amendment NO.1 to the Disposition and Development Agreement with Excel Pointe Anaheim, LLC. ORDINANCE NO. 5953 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM (i) approving Amendment NO.1 to the First Amended and Restated Development Agreement No. 99-01 by and between the City of Anaheim and Anaheim GW LLC, as successor-interest to Excel Pointe Anaheim, LLC, (ii) making certain findings related thereto, and (iii) authorizing the Mayor to execute said agreement for an on behalf of the City. Sheri Vander Dussen, Planning Director, reported there were three items before Council for action. She stated the Garden Walk project was an existing retail, entertainment, hotel and restaurant complex to complement the existing uses in the resort area. She explained the properties under contract were to be sold to a new entity known as Anaheim GW, LLC. Anaheim GW had requested the assignment of the current approved agreement for the project from the current owner to Anaheim GW, the proposed owner, and had also requested an extension of time of one year in which to commence construction. Ms. Vander Dussen indicated the documents to be amended included Conditional Use Permit No. 4078 pointing out the amendment would not change the approved project but would only change the time frame in which to begin construction. She indicated the amendment to the Development Agreement and to the Disposition and Development Agreement would only assign the rights to the proposed purchaser and delay the initial date for commencement of construction to February, 2006. Ms. Vander Dussen noted that on December 13, 2004, the Planning Commission considered these requests and unanimously voted to recommend approval to the Council. Mayor Pro Tem Chavez opened the public hearing. William J. Stone with Excel Realty represented the purchaser of the property and was available to answer any questions. He explained the reason for the extension of time for one year reflected the fact escrow on the property did not close until March and construction could not then begin in February. ANAHEIM CITY COUNCIL MEETING MINUTES December 14,2004 Page 21 Mayor Pringle confirmed with Joel Fick, Assistant City Manager, there were no changes to the previously approved project, other than the change of ownership and the construction deadline extension. Mr. Fick stated the amendment to the Development and Disposition Agreement would transfer those development rights to this new entity so they would be able to proceed with the project and that prior terms of the previous negotiated deal would still be in place. Mr. Fick also addressed earlier comments made during oral communications relating to a $30 million City participation in the project. Mr. Fick emphasized the project was very important to the City and that it was correct that over a 30-year time period with full build-out of the project, there was a commitment for a revenue rebate from this project. He also remarked that what was not mentioned earlier were estimates in net present value in year 2002 which represented $114.4 million in direct net revenues exclusive of the participation back to the City. He also added there was $37.4 million associated with the project in returns to the City which included parking and convention center parking to be made available, as well as a police substation, tour bus center and public art. Mayor Pringle remarked the amount of revenue to be generated in terms of bed tax and sales tax for this project, which was approved by a previous Council, reflected that a portion of those revenues would be generated back to the developer to insure it would be successful but if the project did not perform, there would be no rebate. With no other testimony offered, Mayor Pringle closed the hearing. Council Member Chavez was supportive of the project. He questioned the March, 2006 construction date. Mr. Stone replied that was the date when the project must begin but it was not their plan to wait until then to begin the process. Council Member Sidhu also voiced his support of the project. Council Member Hernandez moved to approve the CEQA finding; to approve RESOLUTION NO. 2004-253, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM Amending Conditional Use Permit No. 4078; and to approve Amendment No. 1 to the Disposition and Development Agreement with Excel Pointe Anaheim, LLC; and to introduce Ordinance No. 5953, AN ORDINANCE OF THE CITY OF ANAHEIM (i) approving Amendment No. 1 to the First Amended and Restated Development Agreement No. 99-01 by and between the City of Anaheim and Anaheim GW, LLC, seconded by Council Member Chavez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - O. Motion Carried REPORT FROM CLOSED SESSION: None COUNCIL COMMUNICATIONS: Council Member Hernandez reported the passing of Jiwad Shirabi, retired convention center employee and Russell Riley, former fire captain. Council Member Galloway wished all a happy holiday season. Council Member Chavez requested staff implement a fire facilities plan, a 5-year or 10-year plan which would consider the significant changes in residential growth occurring in the City. ANAHEIM CITY COUNCIL MEETING MINUTES December 14, 2004 Page 22 Mayor Pringle concurred in the request and Mr. Morgan indicated Council would receive a preliminary report on that matter. Mayor Pringle indicated he wished to set priorities for the coming year and would be requesting a Youth Sports Task Force for the West Anaheim area, asking for interested persons to notify him. Additionally, the Mayor would request creating a task force with residents from within the area of the three unincorporated County islands to create an Annexation Transition Task Force to disseminate information to affected residents. And lastly, the Mayor requested establishment of an Anaheim Heritage Center Task Force as CIM had dedicated the first floor of its development to Anaheim's heritage and cultural activities. Mayor Pringle also noted that in the past Council committees had been established to research and provide information back to the Council on certain areas. With that in mind, he would establish a Council Audit Committee comprised of Council Members Hernandez and Sidhu; a Council Housing Committee comprised of Council Members Chavez and Hernandez, a Council Transportation Committee comprised of Council Member Galloway and the Mayor and an Anaheim Cultural Committee comprised of Council Member Sihu and Mayor Pringle. ADJOURNMENT: There being no further business to come before the City Council, Mayor Pringle adjourned the meeting at 7:54 P.M. Respectfully submitted: ~~~, Sheryll Schroeder, MMC City Clerk