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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