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2006/04/25 ANAHEIM, CALIFORNIA CITY COUNCIL REGULAR MEETING APRIL 25, 2006 The regular City Council meeting of April 25, 2006 was called to order at 3:28 p.m. in the Council Chambers of Anaheim City Hall, 200 South Anaheim Boulevard. 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 21, 2006 at the City Hall exterior bulletin board. WORKSHOP - STRATEGIES TO ADDRESS SPILLOVER PARKING John Lower, Traffic Manager, presented Council with strategies to address spillover parking in various areas of the City noting that direct input from the four Neighborhood Improvement Teams had been received during the process. Based on the findings, he stated, recommendations were established and tested in four neighborhoods and were being presented to Council in the fonn of policy recommendations. Insufficient parking for entitled residential uses revealed this was a major land use issue directly affecting housing, jobs and quality of life. He indicated it was not uncommon to have spillover parking in single family neighborhoods, but that it was most common in multi-family neighborhoods particularly with limited or no on-site property management. Research also showed some property managers charged an extra $50 per month for code required parking as well as leasing some of the parking spaces out for storage or other business uses. As this was a violation of Anaheim Code, notifying managers and tenants of that violation was recommended by the Neighborhood Improvement Teams to encourage compliance. With regard to residential pennit parking (RPP), he added it had been initially adopted in 1985 to address parking spillover from the convention center but had also been used in other neighborhoods for spillover parking not related to institutional uses. As RPP transferred the problem from one neighborhood to another, it was recommended Council consider non-penn it solutions to address spillover parking not related to institutional uses. For institutional uses, the pennit parking could still be utilized as it was easier to control employee and customer parking by working with the business institutions to gain compliance. Mr. Lower provided details on how neighboring cities handled spillover parking with the City of Fullerton being the most aggressive by prohibiting overnight parking between the hours of 2:00 A.M. and 5:00 A.M. unless a hardship could be proved requiring a sizable filing fee. The City of Orange allowed for some pennit parking districts but for non-residential spillover, a sizable filing fee was required for consideration. Garden Grove had no programs and Yorba Linda allowed two parking pennit programs with no fees. The City of Santa Ana allowed four-plexes to participate in a parking pennit program with a $15 per biannual pennit although a full cost recovery study indicated that fee should be $45. In Anaheim, Mr. Lower reported, there were 15 existing ANAHEIM CITY COUNCIL MEETING MINUTES April 25, 2006 Page 2 residential pennit parking districts and in 2003, Council had rescinded the policy and requested staff research other solutions for spillover parking and to test those solutions. One of the recommended strategies was to grandfather in the existing 15 residential parking pennit areas, but to revise the Municipal Code to limit the number of pennits allowed per household and to issue them biannually. Other recommendations also included the installation of more bus benches and shelters and transit amenities and Mr. Lower indicated staff was working with Orange County Transit Authority (OCT A) to implement the Bicycle Master Plan with the priority area located between Euclid and State College Boulevard as the most densely populated part of Anaheim and the area in which most complaints had been received. Other conclusions reached in the study were to increase the number of off-street parking spaces, decrease the average household size and/or reduce the number of vehicles per household. To achieve this, he noted, strong property management was vital in the control tenants and reducing the number of vehicles per dwelling unit and to assist in creating additional off-street parking to meet current code restrictions. Mr. Lower reported four test neighborhoods were utilized; Courtright Street, Casa Grande, Lomita and Spinnaker/Simmons Avenue. Courtright, located on the western edge of the City, east of Western Street and south of Ball Road, was being impacted by five adjacent apartment units ranging from 15 to 52 units and averaging 1.8 parking spaces per unit. Investigation revealed management of the units was not on site and managers were also charging $50 per month extra for parking. In this trial, the 72 hour citywide parking ordinance was enforced and did work to free up parking. It was recommended to communicate to the property managers and to the tenants that charging for code required parking was a violation of the Anaheim Municipal Code which should result in an increase of the use of off-street parking. He indicated there had also been a meeting with the Courtright residents to consider a possible street reconfiguration; however, the residents did not support that proposal as they would suffer the inconvenience of the reconfiguration and felt it did not address the real parking issue. The Casa Grande neighborhood west of the convention center was impacted by 14 apartment units owned by ten separate owners, with no on-site management and one parking space per unit. South and east of that neighborhood were residential pennit parking districts. Council Member Sidhu asked how many apartment units were needed to mandate an on-site property manager; Mr. Lower responded per State regulations, 16 units were required, however what usually occurred was the owners designated the gardener as the on-site manager. He indicated City development staff indicated at least 50 units were needed for an on-site manager to be economically feasible. Mr. Lower added that the neighborhood team's recommendation was to encourage the ten separate owners to come together and hire one on-site property manager and have the City work with the manager to give incentive increases to offer more parking. He recognized that in this case the recommendation to add % space per dwelling unit would involve construction which would need to be costed out and presented to the owners. Mayor Pringle pointed out that this particular parking issue related generally to the Casa Grande tenants rather than to nearby neighborhoods and any reconfiguration costs should be borne by the apartment owners as it would increase their property values. Mr. Lower stated vehicles were most likely being parked in neighborhoods located further away as the adjacent neighborhoods had residential permit parking. Mr. Lower indicated Lomita Street was one of the neighborhoods falling under the recommended ANAHEIM CITY COUNCIL MEETING MINUTES April 25, 2006 Page 3 policy for penn it parking as the spillover was attributable to employees from Anaheim Memorial. As a member of the Hospital Board, Council Member Hernandez recognized that daytime parking spillover affected the Lomita neighborhood and that he had discussed the issue with the executive director of the hospital to encourage its staff to park in the hospital parking lot for which shuttle service was provided. Council Member Hernandez believed a solution could be found to remedy the employee parking issue; Mr. Lower reported the recommendation for Lomita was to discuss posting two-hour parking in Lomita and other neighborhoods with the residents and to increase the number of parking spaces available for the hospital staff as well as encouraging hospital staff to avoid neighborhood parking. Another strategic recommendation was to encourage on-site active property management and with that, to assist in creating additional parking up to current code requirements. Mr. Lower indicated parking improvements would be addressed neighborhood by neighborhood, identifying the cost benefits of each. It was also recommended to identify staffing issues as well, if additional parking enforcement was a recommendation in certain neighborhoods and to return to Council with those costs. For Spinnaker Street and Simmons Avenue, the Police Department had confinned that more than 80 percent of the parking spaces on Spinnaker were utilized. Mayor Pringle confinned that Mountain View and Sprague prohibited parking due to safety issues. In the Leatrice, Wakefield or Ponderosa Village area, there were over 1,000 multi-dwelling units with little over one parking space per unit. Mr. Lower indicated that a code enforcement garage inspection of 77percent of the garages confinned that 10 percent were not being used for parking. He added that garage inspections and Traffic Control Assistants staff time to collect data would not be a recommendation of the team as it was found to be a time consuming process. He indicated the neighborhood teams had developed a concept of limited return of on-street parking in that neighborhood with parking spaces broken up so officers on patrol would have a clear view into each alley and in that manner 340 parking spaces would be available. Mayor Pringle asked if the spaces would be offered as a reward to those property owners bringing their units up to code and opening their garages for parking; Mr. Lower indicated at this time it was considered available on a first-come first-served basis as it was a public street. Discussion was held as to the merits of rewarding those property owners meeting code by issuing parking permits versus open parking for any resident; Mr. Lower indicated he would meet with the property owners to have that discussion and report back to Council. Council Member Chavez believed there was a high use of transit mode in that neighborhood and that 1,000 parking spaces were not needed. Mayor Pringle added that the City should take a look at other streets where parking was prohibited with an eye toward opening up additional parking spots to relieve the neighborhood parking problem without sacrificing safety. Mayor Pringle remarked that in each neighborhood, a plan should be presented to Council on a case-by-case basis utilizing all the tools and recommendations outlined by the neighborhood teams. Council Member Chavez concurred, stating it should be a two-pronged approach, using the case by case basis and to also consider some type of enhanced public transportation for those neighborhoods. He added there were many Anaheim residents with service sector jobs for the tourist industry with more service sector jobs being created in the Platinum Triangle and other areas and he believed it would be beneficial to provide the same type of transportation for service sector employees as was offered for tourists. He added that linking this type of service to reducing a second vehicle in a household as well as seeking grant funds could be also be considered. Mayor Pringle concurred in discussing and exploring the use of transit services resources, particularly looking at providing ANAHEIM CITY COUNCIL MEETING MINUTES April 25, 2006 Page 4 services to residents in the concentrated neighborhoods. The presentation ended with Mayor Pringle summarizing the following recommendations for the parking staff: 1) Be responsive to neighborhoods reporting parking problems, discussing and developing strategies to relive the parking pressures on a case-by- case basis. 2) Prioritize those cases. 3) Be proactive in the Casa Grande neighborhood, if economically feasible. 4) Look at Ponderosa Village and other streets with permanent bans on parking to consider reintroducing street parking in a managed way 5) Retum to Council with specific recommendations in each of these areas. ADDITIONS/DELETIONS TO CLOSED SESSION: NONE PUBLIC COMMENTS CLOSED SESSION ITEMS: NONE Mayor Pringle recessed to closed session at 4:34 P.M. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL. EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: City of Anaheim v. Angels Baseball, LP, et al., Orange County Superior Court Case No. 05CC01902. 2. CONFERENCE WITH LEGAL COUNSEL. EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: South Coast Cab Co., et al. v. City of Anaheim, United States District Court Case No. SACV 99-416 RSWL (ANx). 3. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: Dave Hill Employee organization: Anaheim Municipal Employees Association. 4. CONFERENCE WITH LEGAL COUNSEL. ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 Number of potential cases: One At 5:25 P.M., the City Council meeting was reconvened. FlaG Salute: Sr. Chaplain Mark Rossington, Sr. Chaplain of the Anaheim Fire Department Council Member Sidhu Invocation: ANAHEIM CITY COUNCIL MEETING MINUTES April 25. 2006 Page 5 Presentations: Proclaiming May 2006 as ALS Awareness Month - Dr. Michael Hartman received the proclamation on behalf of the ALS Association, Orange County Chapter. This chapter serves 144 patients in Orange County, ten of which were residents in the City of Anaheim and thanked Council for their support. Acceotance of Other Recoanltions (To be Dr_ented at a later date): Proclaiming May 2006 as Water Awareness Month Recognizing Anaheim Girls Scouts receiving Silver and Gold Awards Recognizing Kristine E. Thalman on receiving the Coastline Community College Foundation 2006 Visionary of the Year Award Recognizing the Mighty Ducks of Anaheim on a Successful 2005-2006 Season Recognizing the Orange Unified School District 2006 Administrator of the Year, Classified Employee of the Year and Teacher of the Year Award recipients At 5:16 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency and the Anaheim Housing Authority in joint session with the City Council for the purpose of receiving public comments. ADDITIONS/DELETIONS TO ANY OF THE AGENDAS: NONE. PUBLIC COMMENTS (ALL MATTERS EXCEPT PUBLIC HEARINGS): James Robert Reade addressed Police Department concerns. Vic Real provided invitations to Council to attend a western barbeque. Trish Hachten addressed the need for a dog park in West Anaheim, remarking she had received support from residents who concurred with her request. Mayor Pringle responded that Council and staff had heard Ms. Hachten's prior questions and concerns and staff had prepared a memo outlining efforts that had been underway in addressing a joint facility for a dog park in the Brea area. He stated part of the challenge was to balance the interests and desires of the residents with the resources available. William Fitzgerald addressed his comments on prioritizing City infrastructure maintenance and repairs. Jim Adams, Orange County Trade Council representative, supported Anaheim's efforts to bring a National Football League (NFL) team to Anaheim and also encouraged the use of local craftsmen in that effort by having the stadium built under a project labor agreement utilizing local unions. Mayor Pringle responded that the commissioner of the NFL had been in town to discuss this issue, however, it was the Mayor's goal to have the stadium built with private funds on land purchased or acquired by the NFL team owner and therefore choices on construction of the stadium would be the purview of the private owners. Alma Ramirez addressed her comments on discrimination. ANAHEIM CITY COUNCIL MEETING MINUTES April 25. 2006 Page 6 Michael Baker reported on the success of the recent Gala fund raiser for the Boys and Girls Club to benefit a motel outreach program and thanked Council and staff for their support. He indicated the event surpassed $150,000 mark and those funds would be used to continue to reach more motel kids. Larry Rosenberg, Anaheim Ballet, attended the Youth America Grand prix finals in New York and expressed pride that his daughter and other dancers were asked to perfonn representing the City of Anaheim. The Anaheim City Council and Housing Authority meetings were recessed to consider the Anaheim Redevelopment Agency agenda. Mayor Pringle reconvened the Council session at 5:50 P.M. CONSENT CALENDAR: Mayor Pringle removed Item No. 25 for further discussion; Council Member Sidhu removed Item No. 32. Council Member Hernandez moved to approve the balance of the consent calendar Items 7 - 38, seconded by Council Member Sidhu 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. 7. Reject certain claims filed against the City. C118 8. Receive and file the Golf Commission meeting minutes of February 23, 2006; Park and B105 Recreation Commission meeting minutes of February 22,2006; Cultural and Heritage Commission meeting minutes of January 23, 2006; Housing and Community Development Commission meeting minutes of March 15, 2006 and March 20, 2006; Budget Advisory Commission meeting minutes of November 16, 2006; Library Board meeting minutes of March 6, 2006; Public Utilities Board meeting minutes of March 2, 2006; Workforce Investment Board meeting minutes of February 9, 2006; Investment Advisory Commission meeting minutes dated November 15, 2005; and Investment Portfolio Report for March 2006. 9. Receive and file the Monthly Financial Analysis presented by the Finance Director for four 0128 months ended October 31,2005. 10. Receive and file the Monthly Financial Analysis presented by the Finance Director for five 0128 months ended November 30, 2005. 11. Approve the Final Map and Subdivision Agreement of Tract No. 16826 located at 2045 S. P178 State College Boulevard. ANAHEIM CITY COUNCIL MEETING MINUTES April 25, 2006 Page 7 12. Approve District Agreement No. 12-542 for the grade separation for the SR-90 4008 OrangethorpelEsperanza project. 13. Approve the Final Map of Tract No. 16810 located at the southwest comer of Anaheim P178 Boulevard and Center Street Promenade. 14. Accept the low bid of Signature Flooring Incorporated, for the amount of $322,320 including D180 tax, for carpet tiles for the Public Works Department, Facility Services Division in accordance with Bid #6740. 15. Accept the proposal of LDV, Incorporated, in a not-to-exceed amount of $1,127,500 D180 including tax, for the purchase of two mobile command vehicles for the Police Department in accordance with Bid Proposal # 6603. 16. Accept the bid of Areva T & D Incorporated, in the amount of $703,000 (plus tax), for the D180 purchase of 72.5 kV circuit breakers as needed, for a one-year period, and authorize the Purchasing Agent to exercise up to four, one-year renewal options, all in accordance with Bid # 6688. 17. 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, by motion, determine that the need for continuing the local emergency exists. 18. Waive the sealed bid requirement of Council Policy 306 and authorize the Purchasing D180 Agent to issue purchase orders to 3M Library Systems for library collection security equipment for the Haskett and East Hills branch libraries in an amount not to exceed $108,000 (tax inclusive) and to Ironwood Scenic for design elements at the Haskett Library in an amount not to exceed $40,345. 19. Approve the Cinco de Mayo Carnival assignment and assumption agreement between B & 4009 B Amusements, Davis Enterprises, and the City of Anaheim to provide ride and game operations for the annual festival. 20. Approve a one-time reimbursement to golf professional Bob Johns for lost revenue at the 1704 Dad Miller driving range during the construction of the Tiger Woods Learning Center. 21. Authorize the Executive Director of the Community Development Department to submit the D155 Fiscal Year 2006-2007 Annual Action Plan for federal Community Development Block Grant, HOME Investment Partnership and Emergency Shelter Grant funds totaling $8,088,967 to the Department of Housing and Urban Development; and designate the Executive Director of the Community Development Department as the Certifying Official authorized to execute all documents related to the implementation, management and administration of the programs. ANAHEIM CITY COUNCIL MEETING MINUTES April 25. 2006 Page 8 22. Approve and authorize the Chief of Police to sign the Buffer Zone Protection Program 4010 agreement between the Orange County Sheriff-Coroner Department and City of Anaheim; increase Fiscal Year 2005-2006 revenue and expenditure appropriations by $283,725 in the Police Department's budget; authorize the Finance Director to carry forward into future fiscal years any unexpended appropriation related hereto; authorize the Purchasing Agent to make the appropriate purchases as approved by the State of California Office of Homeland Security; and, if Council Policy 306 is in conflict with federal or state procedures governing this grant, waive those conflicting provisions and authorize the Purchasing Agent to comply with the appropriate federal or state procedures with regard to purchases made under this grant. 23. Authorize the Public Utilities General Manager to execute North American Energy 0182 Standards Board gas supply enabling agreements with pre-selected suppliers to acquire natural gas for up to a five-year term for the purpose of providing fuel to operate the Magnolia Power Project and the Anaheim Combustion Turbine and take any and all actions as are necessary to implement the enabling agreements. 24. Approve a permit between the Orange County Water District and the City of Anaheim to 4011 grant the City of Anaheim the right to enter property owned by OCWD in order to operate and maintain a water production well, appurtenant pipelines, equipment and facilities and authorize the Public Utilities General Manager to execute permit and related documents. 26. Approve Resource Adequacy Program and direct the Public Utilities General Manager to 0182 implement as well as periodically refine the program to address changes in state law and applicable tariffs. 27. RESOLUTION NO. 2006-064 A RESOLUTION OF THE CITY COUNCIL OF THE P110 CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements. (Abandonment No. ABA2006-00123). A Public Hearing is scheduled for May 16, 2006. 28. RESOLUTION NO. 2006-065 A RESOLUTION OF THE CITY COUNCIL OF THE P110 CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements. (Abandonment No. ABA2006-00126). A Public Hearing is scheduled for May 16, 2006. 29. RESOLUTION NO. 2006-066 A RESOLUTION OF THE CITY COUNCIL OF THE P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein. (City Deed Nos. 10945 & 10946). 30. RESOLUTION NO. 2006-067 A RESOLUTION OF THE CITY COUNCIL OF THE T104 CITY OF ANAHEIM initiating proceedings for the Annual Levy of Assessments in, and accepting an Assessment Engineer's Report for, the Anaheim Resort Maintenance District. RESOLUTION NO. 2006-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to provide for an Annual Levy and Collection of ANAHEIM CITY COUNCIL MEETING MINUTES April 25. 2006 Page 9 Assessments in the Anaheim Resort Maintenance District, and setting a time and place for the public hearing thereon. Public hearing scheduled for June 13, 2006. 31. RESOLUTION NO. 2006-069 A RESOLUTION OF THE CITY COUNCIL OF THE 0160 CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a grant application on behalf of the City of Anaheim to Target Stores, and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for Fiscal Year 2006-2007 accordingly. 33. ORDINANCE NO. 6024 (INTRODUCTION) AN 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. 2005-00167). (1100-1200 West Lincoln Avenue) 34. ORDINANCE NO. 6020 (ADOPTION) ORDINANCE OF THE CITY COUNCIL OF THE M142 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. (Introduced at the April 11 , 2006 meeting, Item 26) 35. ORDINANCE NO. 6021 (ADOPTION) ORDINANCE OF THE CITY COUNCIL OF THE C280 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) (Introduced at the April 11, 2006 meeting, Item 27) 36. ORDINANCE NO. 6022 (ADOPTION) ORDINANCE OF THE CITY COUNCIL OF THE P105 CITY OF ANAHEIM amending the Disneyland Resort Specific Plan No. 92-1 and Chapter 18.114 of the Anaheim Municipal Code and amending Ordinance Nos. 5377 and 5378, as previously amended, accordingly (Amendment No.6). (Introduced at the April 11 , 2006 meeting, Item 33) 37. ORDINANCE NO. 6023 (ADOPTION) ORDINANCE OF THE CITY COUNCIL OF THE 1463 CITY OF ANAHEIM (i) approving Second Amended and Restated Development Agreement No. 99-01 by and between the City of Anaheim and Anaheim GW, LLC, (ii) making certain findings related thereto, and (iii) authorizing the Mayor to execute said agreement for and on behalf of the City. (Introduced at the April 11 , 2006 meeting, Item 33) 38. Approve the regular meeting minutes dated April 11 , 2006. END OF CONSENT CALENDAR: 25. Approve and authorize the Public Utilities General Manager to execute the agreement with 4012 the Magnolia School District to . provide funding in the amount of $13,381 to assist in construction of a local solar electric generating project. Marcie Edwards, Public Utilities General Manager, reported Item No. 25 was part of the Sun Power for Schools program. She explained Anaheim ratepayers were able to donate funds to green power programs by either contributing to the purchase of renewable power for the grid or by ANAHEIM CITY COUNCIL MEETING MINUTES April 25, 2006 Page 10 contributing to a school program. Under the Sun Power for Schools program, the Utilities Department installed two solar generated facilities utilized as lunch shelters at Clara Barton and Melbourne Gauer elementary schools as well as a solar system structured as an educational system at Esperanza School. The agreement with the Magnolia School District would provide for a visible pole-mounted solar system at Jonas Salk elementary school generating solar power and tied into the library system to allow students to monitor the operation of the system as an educational tool. Council Member Sidhu moved to approve Item No. 25, seconded by Council Member Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 32. RESOLUTION NO. 2006-070 A RESOLUTION OF THE CITY COUNCIL OF THE 0182 CITY OF ANAHEIM amending rates, rules and regulations for the sale and distribution of water as originally adopted by Resolution No. 72-600 and most recently amended by Resolution No. 2005R-127. Certify that the adoption of the Water Rates, Rules and Regulations is statutorily exempt under the California Environmental Quality Act, Public Resource Code, Section 21080(b)(8), in accordance with title 14 of the California Administrative Code, Section 15273(a). Council Member Sidhu asked for an explanation of the impact of Rule 15C for the East Santa Ana Canyon development area wherein any future increase in water rates would offset the fees for development. General Manager Marcie Edwards stated Rule 15C changes were intended to maintain parity with respect to how much developers paid for water infrastructure. She explained it had been detennined the changes in this rule and the one time payment on the part of the Public Utility was necessary to recognize the fact that the uility itself benefited from that oversizing facility in tenns of both fire flows and flexibility and use of the infrastructure itself. She added the characterization that it was not an increase in fees was correct and that it simply allocated dollars between historic developers that had installed the oversized infrastructure and then were paid back over time as the areas were subsequently developed. She added this allowed for both future and historic developers to take advantage of economies of scale as well as prevent digging up the streets to put in an incrementally larger pipeline. The Santa Ana Canyon area, given the downsizing of Mountain Park, tilted the parity issue between developers and staff's suggested changes to Rule 15C were meant to restore that general intent so that the associated cost and risk with oversizing those facilities was shared among the stakeholders and was not inordinately placed on the earlier or current developers. Mayor Pringle pointed out that in 1988-90, the City entitled the Mountain Park area to build over 10,000 homes, and that now only a small portion of those homes would actually be built as Council recently approved a proposal for 2,500 homes for that area. Ms. Edwards confirmed that in part, the original agreement was for those earlier developers who had ensured capacity would be there for the 10,000 homes were to be paid back over 20 years (depending on how much development there was) but that there would never have been a 100 percent payback. She added that had the Public Utility not made any adjustments to the rule, the developers would have probably received back 50 percent of their investment. Ms. Edwards also emphasized the sum total of the future ANAHEIM CITY COUNCIL MEETING MINUTES April 25, 2006 Page 11 developers fees would still be lower than all of Anaheim's neighboring competitors with respect to water infrastructure so the proposed rates would not have the effect of chilling development. Council Member Sidhu moved to approve Resolution No. 2006-070 and certify that the adoption of the Water Rates, Rules and Regulations is statutorily exempt under the California Environmental Quality Act, Public Resource Code, Section 21080(b)(8), in accordance with Title 14 of the California Administrative Code, Section 15273(a), seconded by Council Member Chavez. RESOLUTION NO. 2006-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending rates, rules and regulations for the sale and distribution of water as originally adopted by Resolution No. 72-600 and most recently amended by Resolution No. 2005R-127. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 39. Consider appointment to the Public Utility Board, term to expire June 30, 2009. (Paul Rich). B105 Mayor Pringle nominated Pat Carroll, an attorney for the California State University system who had previously served the City on the Convention Center Authority Board. With no other nominees offered, Mr. Carroll was unanimously appointed to the position. 40. Consider appointment to the Planning Commission, term to expire June 30, 2009. (Ed B105 Perez) At the request of Council Member Sidhu, the appointment was continued to May 9, 2006 by Mayor Pringle. 5:30 P.M. PUBLIC HEARINGS: 41. This is a public hearing to consider adding a sewer impact and improvement fee for the 0175 east area of the City of Anaheim and adding Section 10.12.095 to Chapter 10.12 of Title 10 of the Anaheim Municipal Code. Russell Maguire, Public Works Department, reported Item No. 41 was similar to the program brought to Council and adopted for West Anaheim area. He explained Council had approved the General Plan and its accompanying Environmental Impact Report (EIR) in May of 2004 and in those documents certain impact potential on the sanitary sewer system and the need for mitigation up to and including fee programs were recognized. He indicated a study of the East Anaheim Area had begun which concluded in December 2005 with a Master Plan was adopted in January, 2006. Following adoption of that Master Plan, Mr. Maguire stated, staff had finalized the financial implementation plan as it related to the developer or build-out related portion of sewer needs and had concluded for the developer's purpose a sewer impact fee structure was most appropriate. He noted the fee structure was only applicable to new or expanded developments and was not applicable to existing development or any portion of a development that currently existed. This program, he added, allowed for a system to provide the developer the ability to do credits, reimbursements, construction or any combination thereof without having to go through their own studies, their own environmental documentation, their own reimbursement agreements and/or districts and further adoptions or actions by the Council necessary for those actions. As with West ANAHEIM CITY COUNCIL MEETING MINUTES April 25. 2006 Page 12 Anaheim study, the conclusion was to have four basic zones in East Anaheim for the fees. He pointed out the vast majority of the area did not have any need for build-out sewer capacity and therefore would have no fees, but three isolated areas would be subject to applicable fees and he explained the specifiCS of those three areas. Mayor Pringle opened the public hearing for comments and receiving none, closed the hearing. Council Member Sidhu asked what the percentage increase would be from current to the proposed system. Mr. Maguire responded that in East Anaheim there currently was no fee program and each developer had to construct what was necessary for his development, perform necessary studies and meet environmental requirements as well as put in a request for a reimbursement district. He emphasized this proposed process would save the developer a substantial amount of time and money and would give the developer a known, planned for sewer assessment at the beginning of a project. Council Member Hernandez introduced Ordinance No. 6025. ORDINANCE NO. 6025 (INTRODUCTION) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding Section 10.12.095 to Chapter 10.12 of Title 10 of the Anaheim Municipal Code establishing a Sewer Impact and Improvement Fee for New and Expanded Development in the East City Area. City Attorney Jack White indicated the accompanying resolution would return to Council for consideration at the time the Ordinance had second reading and was adopted. 42. This is a public hearing to consider the abandonment of water, electrical, drainage and P110 public utility easements generally located at 1301 Gene Autry Way (A-Town Metro). RESOLUTION NO. 2006-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating water, electrical, drainage and public utility easements generally located at 1301 Gene Autry Way (A-Town Metro). (Abandonment No. ABA2006-00122). Mayor Pringle abstained from consideration of this item due to a potential conflict of interest and he temporarily left the Chambers. Natalie Meeks, Public Works Department, indicated Item No. 42 was a request by the property owner, Lennar Development, to abandon a number of utility easements in anticipation of their A- Town Metro Development and that replacement easements would be provided as part of the development project. Mayor Pro Tem Chavez opened the public hearing and receiving no comments, closed the hearing. Council Member Sidhu moved to approve Resolution No. 2006-071, seconded by Council Member Hernandez. . RESOLUTION NO. 2006-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating water, electrical, drainage and public utility easements at 1301 Gene Autry Way (A-Town Metro - ABA 2006-00122); ANAHEIM CITY COUNCIL MEETING MINUTES April 25, 2006 Page 13 Roll call vote: Ayes - 4; Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Abstention - 1; Mayor Pringle. Motion carried. Report on Closed Session Actions: None Council Communications: Council Member Hernandez reported the recent deaths of City employees: Donald Santo (retired), David Pine in Risk Management, and Margie Bender from Community Development. Council Member Galloway and Council Member Sidhu reported on their attendance at the Town Hall meeting of June 24th in which President Bush addressed immigration, education and medical concerns facing the country. Council Member Sidhu also announced the Anaheim Arts Council soiree for April 29th at the Sheraton Park Hotel, inviting the community to attend the fund raiser. He also promoted the May 3rd -Giving Thanks. dinner honoring women who demonstrated exceptional commitment to community service in their professional careers. Council Member Chavez remarked Jim Adams, Trade Council representative had brought up some good points to consider relating to the possible building of a football stadium in the City. Mayor Pringle reported that the NFL Commissioner had been in Anaheim and that the City had been in continued discussion and negotiations on the possibility of locating an NFL team or expansion team in Anaheim. He remarked that he and Council Member Hernandez and staff would be going to Dallas to make a presentation on behalf of Anaheim to an 11-member owner group to build a stadium in Anaheim on property to be acquired or purchased by owners. He pointed out that much of the negotiations were not public but that the City's proposal was unique in that it did not include a city or community participation in the stadium development and he looked forward to continued negotiations. The Mayor also indicated the OCT A board had voted to place before cities and the county board of supervisors a complete plan for the extension of Measure M to address future transportation needs of the County citing the benefits Anaheim would receive under this program. He also reported joining President Bush at a dinner on Sunday, April 23rd with four other mayors and staff of the Los Angeles Board of Supervisors in Rancho Mirage to discuss homeland security, immigration, housing, homelessness and a variety of other issues. Mayor Pringle also announced the Mayor's TechScholar Program available for any junior or senior in Anaheim High School to make application for a free laptop and free Earthlink access for their remaining years in high school. Adjournment: At 6:45 P.M. with the consent of Council, Mayor Pringle adjourned the meeting of April 25, 2006.