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2003/05/20 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING MAY 20, 2003 The City Council of the City of Anaheim met in special session. Notice of the Special Meeting was prepared, sent and posted May 19, 2003, calling the meeting for a workshop on the proposed 2003/2004 fiscal year budget. PRESENT: Mayor Curt Pringle, Council Members: Tom Tait, Shirley McCracken, Bob Hernandez and Richard Chavez. STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryll Schroeder. A copy of the agenda for the meeting of the Anaheim City Council was posted on May 16, 2003 at the City Hall outside bulletin board. Mayor Curt Pringle called the special meeting to order at 2:12 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. WORKSHOP: City Manager Dave Morgan began by explaining that the workshop was for review of the City's fiscal year 2003/2004 budget pursuant to City Charter Sections 1202, 1203, and 1204. He noted that Council had been provided with the proposed budget and line item report, which had been available since May 2, 2003 for public inspection as legally advertised. He explained that Council would hear from the Finance Director that preparing the proposed budget for the fiscal year was very challenging, due to a disappointing local economy, reduced tourist travel and other related issues. He noted the proposed budget totaled $1,097,841,809, which represented a decrease of approximately 3.2 percent from the current adopted budget. It included 2,085 full time positions, which represented a net decrease of 15 positions from the current budget. He explained that even with the economic issues that have impacted the budget, staff was still recommending that the funds earmarked for neighborhood improvements continue. For a third year in a row, he noted, $3 million dollars was budgeted for transfer to the Community Improvement Fund for specific improvements to the neighborhoods and communities. City Manager Morgan introduced the Finance Director, William Sweeney, who provided an overview of the proposed fiscal year 2003/2004 budget. City Manager Morgan then introduced Assistant City Manger, Tom Wood, who provided an overview of the capital improvement plan and the Council Department and Administration Department's budget. ANAHIEM CITY COUNCIL MEETING MINUTES MAY 20, 2003 Page 2 At approximately 3: 13 PM, Mayor Pringle adjourned the special meeting of the Anaheim City Council and called to order the regular meeting of May 20, 2003. City Clerk, Sheryll Schroeder, presented the City Clerk's Department proposed budget. Jack White, City Attorney, presented the City Attorney's Department proposed budget. Charlene Jung, City Treasurer, gave a presentation for the City Treasurer's Department budget. Human Resources Director, Dave Hill, gave the Human Resources Department proposed budget presentation. The last presentation was given by William Sweeney, Finance Director, which outlined the Finance Department proposed budget. At approximately 4:25 PM, after the presentations, Mayor Pringle called for public comments and hearing none, he continued the budget presentation workshop to June 3, 2003 at 2:00 PM. ADDITIONS/DELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. Mayor Pringle recessed the meeting to Closed Session at 4:30 P.M. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: City of Anaheim v. Huntcor, Inc. et aI., Orange County Superior Court Case No. 02CC18801. 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of litigation pursuant to Subdivision (c) of Government Code Section 54956.9) Number of potential cases: 1 potential case AFTER RECESS: Mayor Pringle called the regular Council meeting of May 20,2003 to order at 5:10 P.M. and welcomed those in attendance. INVOCATION: Provided by Jimmy Gaston, Church of Christ FLAG SALUTE: Presented by Mayor Pro Tern Tom Tait Recognitions to be presented at a later date were: ANAHIEM CITY COUNCIL MEETING MINUTES MAY 20, 2003 Page 3 Recognizing the recipients of the Silver and Gold Awards from the Orange Association of Girl Scouts. Proclaiming May 2003, as Hire a Veteran Month. Proclaiming June 1, 2003, as Heritage Day at Oak Canyon Nature Center. Recognizing the Natasha Sarah Jaievsky Legacy Foundation. Recognizing Allen Ashby, The Boeing Company. Proclaiming June 14, 2003, as Army Appreciation Day. At 5:15 P.M., Mayor Pringle recessed the City Council meeting until after the Redevelopment Agency meeting. Mayor Pringle reconvened the City Council meeting at 5:19 P.M. ADDITIONS/DELETIONS TO THE AGENDA: City Attorney White requested that Item A30A be added to the agenda, noting that the item came to the attention of staff after posting of the agenda. Council Member Chavez moved to add approval of a letter agreement with Riggs & Company for temporary police command post during the Stanley Cup Finals to the agenda as Item A30A, seconded by Council Member Tait. Roll call vote: Ayes - 5; Mayor Pringle, Council Members Tait, McCracken, Chavez, Hernandez. Noes - O. Motion carried. PUBLIC COMMENTS: James Reade spoke regarding harassment by the Anaheim Police Department. Barbara Gonzalez spoke regarding the updating of the parking permit process as it related to single family dwellings. She said she did not agree with the City's one year moratorium on reviewing the parking permit process and offered to serve as a member on the Administrative Manager's Committee dealing with parking problems. Mayor Pringle requested that City Manager Morgan respond to Ms. Gonzalez's statements. City Manager Morgan stated that the item on the agenda suggested that the issue would be resolved in four months. Mayor Pringle said that he was under the impression that the new Administrative Manager's Committee would consist of city staff who would report back to Council for additional discussion and that anyone who wished to be notified of a meeting or a workshop would be contacted. Mayor Pringle requested that City Manager Morgan add Ms. Gonzalez's name and any others who wished to be included. City Manager Morgan agreed. Richard Delgado reminded Council that eight months ago he sent a letter to the Council regarding the parking situation in the downtown area and had not received a response. ANAHIEM CITY COUNCIL MEETING MINUTES MAY 20, 2003 Page 4 Mr. Delgado echoed Ms. Gonzalez's request to be on the Administrative Manager's Committee. Mayor Pringle said that there had been many parking issues that had been brought before Council in the last four to five months and that was why Council asked the staff to re-Iook at the issue and start exploring new solutions to the problem. Mayor Pringle said that Mr. Delgado would be notified when the topic was brought before the Council again. Ken Chinn said that the Council should leave the existing parking process in place and not rush with changes. He also thanked the Council for being sensitive to the parking problems in Anaheim. Mayor Pringle responded to Mr. Chinn that one of the problems with the Council policy was that it said "this is what you have to do to get permitted parking in your neighborhood" and neighborhoods went through the process, even if some people voted against it, it would give a false impression to some individuals of pending approval. He said that he felt that it was unfair to give direction that if residents did this, they would get that, meaning permit parking in their neighborhood. Alma Ramirez addressed the Council regarding issues with the Police Department. Ken Chinn noted that he did not agree with the concept of office holder accounts and requested that it be removed from Item A27. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A30: Council Member Hernandez requested that Item A27 be removed from the Consent Calendar for separate action. Council Member Tait requested discussion on Item A17. He thanked Council for moving the east Anaheim gymnasium project ahead, adding that currently there was only one gym in the area in Anaheim Hills and the community was looking forward to it. Council Member McCracken moved, seconded by Council Member Chavez, to waive reading in full of all ordinances and resolutions and approve the following in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Resolutions Nos. 2003R-78 through 2003R-86 and Ordinance Nos. 5859 was offered for adoption. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members McCracken, Tait, Chavez, Hernandez. Noes - O. Motion carried. 118 A 1. Reject certain claims filed against the City. 118 A2. Reject an application for leave to present a late claim. 117 105 160 160 169 123 170 170 ANAHIEM CITY COUNCIL MEETING MINUTES MAY 20, 2003 Page 5 A3. Receive and file the Investment Portfolio Report for April 2003; minutes of the Deferred Compensation Committee held January 8, 2003; and minutes of the Public Utilities Board meeting held April 3, 2003. A4. Accept the low bid of Generator Services Company, in an amount not to exceed $39,263 (including tax), for the purchase and installation of a standby generator for the Emergency Operations Center in accordance with Bid #6382. A5. Waive Council Policy No. 306 and accept the low bid of Botach Tactical, in an amount not to exceed $35,791 (including tax and freight), for twenty-eight ballistic vests for the Police Department's SWAT team. A6. Approve Contract Change Order No.1 in favor of All American Asphalt, in the amount of $208,376.91, for Nohl Ranch Street Improvements from Imperial Highway to Rolling Hills Road. A7. Approve a four year agreement with three one-year options to renew with Metavante Corporation for the continued application and support of electronic utility bill presentment and payment services and authorize the Purchasing Agent to issue annual purchase orders necessary for the monthly processing fees and additional support services, as needed, in an amount not to exceed $45,000 per year, for a period of up to seven years. A8. Approve the Final Map and Subdivision Agreement with Olson-Anaheim 29, LLC for property located at 226 - 230 North Rio Vista Street. A9. Approve the Final Map and Subdivision Agreement with Olson-Anaheim 21, LLC for property located at 3302 West Ball Road. 170 A10. Approve the Final Map and Subdivision Agreement with Western Pacific Housing, Inc. for property located at 2360 West La Palma Avenue. 150 A 11 . Approve the Administering Agency-State Agreement for Federal Aid Projects No. 12-5055, Program Supplement No. 115-M, for the Anaheim Boulevard Street Improvement Project from Santa Ana Street to Vermont Avenue. 150 150 173 A 12. Approve an agreement with Orange County Sanitation District establishing the City's participation in a study to help coordinate efforts to control the amount of fats, oil and grease discharged to the sanitary sewer systems in Orange County as prescribed in the Sewer Waste Discharge Permit. A13. Approve an agreement with Taormina Industries, LLC, in the amount of $150,000, to construct a new liquefied/compressed natural gas refueling facility. A14. RESOLUTION NO. 2003R-78 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the receipt of a grant award from the California Energy Commission. 113 126 123 123 123 179 153 ANAHIEM CITY COUNCIL MEETING MINUTES MAY 20, 2003 Page 6 Approve a grant agreement with California Energy Commission for the receipt of funds from the California Energy Commission, in the amount of $150,000, for the construction of a liquefied/compressed natural gas refueling facility at Taormina Industries. A15. RESOLUTION NO. 2003R-79 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Public Works Department and Planning Department). A16. RESOLUTION NO. 2003E-80 RESOLUTION OF THE CITY COUNCIL OF THE 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. 2003R-81 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to provide for an annual levy and collection of assessments in the Anaheim Resort Maintenance District and setting a time and place for a public hearing thereon. Public hearing scheduled for June 10, 2003 on item A16. A17. Approve an agreement with Osborn Architects, in the amount of $206,250, for the master planning, preparation of construction documents and construction observation services for the East Anaheim Gymnasium Project. A 18. Accept an award of funds by the County of Orange Board of Supervisors and approve the agreement with the County of Orange for the provision of Community Service activities. 156 A 19. Authorize the transfer of ownership of retired police canine, Rony, to his former handler, Officer Jeff Burke. A20. Approve and authorize the Human Resources Director to execute an agreement with International Brotherhood of Electrical Workers, Local 47, to lease a City employee to Local 47. A21. Approve the Grand Jury Report concerning wood roofs. A22. RESOLUTION NO. 2003R-82 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM giving notice of its intent to approve an amendment to the contract between the City of Anaheim and the Board of Administration of the California Public Employees Retirement System. ORDINANCE NO. 5860 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM authorizing an amendment to the contract between the City of ANAHIEM CITY COUNCIL MEETING MINUTES MAY 20,2003 Page 7 Anaheim and the Board of Administration of the California Public Employees Retirement System. 153 A23. RESOLUTION NO. 2003R-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Police Association and the City of Anaheim (establishing a Police Limited Hours Position Pilot Program). 153 A24. RESOLUTION NO. 2003R-84 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the City of Anaheim and the Anaheim Firefighters Association, Local No. 2899 (amending Article 55.1.3 of the Memorandum of Understanding). 153 A25. RESOLUTION NO. 2003R-85 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the City of Anaheim and the International Brotherhood of Electrical Workers, Local 47 (amending Article 62.2.2 of the Memorandum of Understanding). 153 A26. RESOLUTION NO. 2003R-86 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the City of Anaheim and the Anaheim Police Association (amending Article 59.1.3 of the Memorandum of Understanding). 179 A28. ORDINANCE NO. 5859 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Ordinance No. 5378, as previously amended, relating to Specific Plan Adjustment NO.5 to the Disneyland Resort Specific Plan No. 92-1 (Chapter 18.78 of the Anaheim Municipal Code) (Introduced at the Council meeting of May 13, 2003, Item A13). . 117 A29. Approve the Amended 2003 Investment Policy. 114 A30. Approve minutes of the Council meeting held May 13, 2003. 123 A30A Approve a letter agreement with Riggs & Company, a division of Riggs Bank, relating to a temporary command post of private property adjacent to the Arrowhead Pond of Anaheim during the Stanley Cup Finals. END OF CONSENT CALENDAR 142 A27. ORDINANCE NO. 5858 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 1.09 of Title 1 of the Anaheim Municipal Code relating to Campaign Reform (Introduced at the Council meeting of May 6, 2003, Item A 18 and continued from the meeting of May 13, 2003, Item A 12). Council Member Hernandez noted that he would attempt a third time to amend the ordinance to remove the office holder's account provision. He stated his reason was ANAHIEM CITY COUNCIL MEETING MINUTES MAY 20, 2003 Page 8 that to ask people to donate to a campaign so that an elected official could spend that money for city business left the door open for abuse and he said that was not the right message that he wanted to send to the tax payers. He moved to amend Ordinance No. 5858 to remove the office holder account provision, seconded by Council Member McCracken. Mayor Pringle stated that Council Member Hernandez was possibly missing the mark in the context that part of the motivation when the State established office holder accounts and when the County established office holder accounts, was that there were times while serving in public office that the official was interested in doing things that may cost additional money. Right now, office holders can legally use campaign funds to do that, he explained, the proposed ordinance allows an account to be set aside, it was not directly pulling funds from campaign dollars. The alternative was, he noted, there were reimbursement requests put in by members of Council. He said that while there were certainly legitimate reimbursements that could be made, but some members of Council did not necessarily feel that under every circumstance the public tax dollars should be used for those expenses. He noted his concern about the continual use of a reimbursement of taxpayer dollars for those office holder expenses. He said the voters had seen concepts of office holder accounts because they understood that there were some expenses in holding an office that should not come out of campaign contribution limited accounts. And also, he added, some people did not believe that the taxpayers should have to foot the bill as an expense of those in office, so this was a proposed alternative. He explained that under this plan, Council could establish an office holder account and anyone who wished to contribute or support that within the limits, could do that. He noted there were three ways an office holder expense could be paid; one was through campaign funds, two through reimbursement by the government or three through the creation of an office holder account. Council Member McCracken said she supported the amendment, asking who would be checking the books to watch for the $1,000 limit. She said she did not think that it solved the problem of submitting for reimbursement. She noted the proposed ordinance did not say a Council Member could not submit for reimbursement. She expressed her concern about having an office holder account when they still had a campaign account in existence, which could be used for re-election and an office holder account for expenses. She noted her reluctance about who was going to see that the account was operated efficiently and correctly without any violations. Council Member Chavez explained that he agreed with the idea of an office holder account as a good way of doing business and that he did not think the city should pick up the tab for every community event that he may want to go to. He noted it provided for full disclosure just like campaign accounts, any money coming into the office holder account would be accounted for and any money that went out would be accounted for and it was all public information. It was a way of accounting for those dollars and gave the Council a way to be more involved with the community. Council Member Tait said that he was not in favor of the amendment, explaining that when he was sworn in, there was a little reception that was paid for by the taxpayers. If ANAHIEM CITY COUNCIL MEETING MINUTES MAY 20, 2003 Page 9 Council had office holder accounts, the reception could have been paid for by the account. Council Member Hernandez reiterated that he was not in favor of the taxpayers picking up the tab for certain expenses. If Council was going to attend a function and it was not specifically connected to doing city business, then that expense should be born by the person who was attending and they should pay for it out of their own pocket. Mayor Pringle stated that Council Member Hernandez's amendment was before the Council, which was to remove the portion of ordinance dealing with office holder accounts. Roll call vote: Ayes - 2; Council Members Hernandez and McCracken. Noes - 3; Council Members Chavez, Tait and Mayor Pringle. Motion failed. Council Member Chavez moved to adopt Ordinance No. 5858, seconded by Council Member Tail. . Roll call vote: Ayes - 3; Council Members Tait, Chavez and Mayor Pringle. Noes - 2; Council Members Hernandez, McCracken. Motion carried. END OF CONSENT CALENDAR 105 A31. Consider appointing a citizen to serve on the Investment Advisory Commission to a term which will expire on June 30, 2005 (Continued from the Council meeting of May 13, 2003). Council Member McCracken nominated Dominic Daddario. Hearing no further nominations, Council Member Tait moved to close nominations. Council Member McCracken moved to approve the appointment of Dominic Daddario to the Investment Advisory Commission for a term to expire June 30, 2005, seconded by Council Member Chavez. Roll call vote: Ayes; 5 - Mayor Pringle, Council Members McCracken, Tait, Chavez, Hernandez. Noes - O. Motion carried. 105 A32. Consider appointing a citizen to serve on the Planning Commission to a term which will expire June 30,2003. Council Member Tait nominated Jerry O'Connell, past Chairman of the Anaheim Chamber of Commerce and involved in local charities. Hearing no further nominations, Council Member Chavez moved to close nominations. Roll call vote on approval of appointing Jerry O'Connell to the Planning Commission for a term to expire June 30, 2003: Ayes; 5 - Mayor Pringle, Council Members McCracken, Tait, Chavez, Hernandez. Noes - o. Motion carried. 149 A33. Consider rescinding City Council Policy No. 217 which authorizes the creation of new preferential parking zones or areas. Council Member Hernandez stated that Council had spoken about shorting the time needed to study the issue, that staff was asking for a 12 month moratorium. ANAHIEM CITY COUNCIL MEETING MINUTES MAY 20, 2003 Page 1 0 City Manager Morgan said that staff had shortened the time to four months instead of one year. Council Member Hernandez said that he was in agreement with the shortened time frame, but that four months was still a little long. Mayor Pringle asked what the four month process time would entail. City Manager Morgan replied that there would be a creation of a committee of staff from key departments, the leader of that group, Mr. Lower, was currently on medical leave recovering from surgery and because of that, staff would need the entire four months. Mr. Morgan said that it might be possible to complete the work in less than four months and he would like to meet with some of the citizens before he brought it back to City Council. Council Member Hernandez moved to adopt Resolution No. 2003R-87 and to make the time period as close as Mr. Lower needed to get into service and expedite the process, seconded by Council Member Chavez. RESOLUTION NO. 2003R-87 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM rescinding City Council Policy No. 217 and Resolution No. 89R-359 regarding preferential parking zones. Roll call vote: Ayes - 5: Mayor Pringle, Council Members McCracken, Tait, Chavez, Hernandez. Noes - O. Motion carried. 5:30 P.M. Public HearinQs: B1. WAIVER OF CODE REQUIREMENT 179 CONDITIONAL USE PERMIT NO. 2003-04674 AND NEGATIVE DECLARATION: OWNER: Carlos D. Vargas, 816 North Anaheim Boulevard Anaheim, CA 92805 AGENT: Benjamin Zecua, 816 North Anaheim Boulevard Anaheim, CA 92805 LOCATION: 816 North Anaheim Boulevard. Property is 0.16-acre, having a frontage of 50 feet on the east side of Anaheim Boulevard, located 90 feet south of the centerline of Mills Drive (Babies "R" Us Nutritional). To permit a W.I.C. convenience store within a two-unit office building with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Waiver of Code Requirement denied (4 yes votes, Commissioners Bristol and Vanderbilt voted no and Commissioner Boydstun absent). Conditional Use Permit No. 2003-04674 denied (PC2003-61). Negative Declaration approved. ANAHIEM CITY COUNCIL MEETING MINUTES MAY 20,2003 Page 11 Deputy City Manager, Joel Fick, presented the staff report. Mayor Pringle opened the public hearing. Yolanda Perez stated that the store would be basically for low income, a family who did not have transportation and that was why she was petitioning for the parking waiver. She also stated that there was a shuttle service that provided transportation to and from the W.I.C. store. Council Member Chavez asked if there were any other W.I.C. stores. Ms. Perez said there was another one in Santa Ana and somewhere else in Anaheim, but not in this immediate location. Barbara Gonzalez stated her concerned about a parking waiver for the store due to the existing lack of adequate parking for the neighborhood. She said another issue was that people were arriving without vehicles and taking shopping carts which created another problem. Fernando Rodriquez said he represented Rodriquez Auto Parts, located directly next to the building in question and stated that they already had an existing problem with parking. He was concerned with patrons of the W.I.C. store that would cause parking problems in front of his establishment. Ms. Perez said that she had viewed for herself the traffic flow in the area and she did not believe that the W.I.C. store would create more parking problems. Council Member Chavez wanted to know if the W.I.C. store carried different products than the neighboring stores. Ms. Perez said a person could only go to a W.I.C. store if they qualified, the items that are sold were not items that people could buy at a regular store. She noted she did not have demographic information on her clientele, but people had to be in a certain income bracket to qualify for the State to issue coupons to use at the store. She also stated that the W.I.C. store did not have shopping carts. Council Member McCracken made reference to the Planning Commission public comments that there was a store one-half block away that accepted coupons also. Deputy City Manager Fick said that he could not validate that there was another store of that type. Council Member McCracken pointed out that even Ms. Perez did not know the location of another type of this store in her area and that was her concern, that like stores might be competing against each other. Council Member McCracken asked if the conditional parking permit went with the property. ANAHIEM CITY COUNCIL MEETING MINUTES MAY 20, 2003 Page 12 Mr. Fick stated that the conditional use permit would only be for this specific use and there was a parking study that supported the analysis. Mr. Fick said that if the use of the store changed in the future, the parking regulations for that kind of store would be in effect. Mayor Pringle acknowledged that it would be a requirement for the store to maintain a shuttle van and he said he would like to see this as a condition. He noted that the store was short 40 percent of their parking and Mr. Fick agreed. Mr. Fick said that in the Santa Ana store, 75 percent of that store's customers did not arrive by automobile. Mayor Pringle said that if in fact they had the 14 spaces, this would not be much of an issue. Therefore if they were short 40 percent of the parking spaces for a traditional market, it could be a condition that a certain percentage of customers be served by a shuttle service. Mr. Fick agreed that making the shuttle service a requirement would be a good idea before approving the waiver. Also he suggested that an additional provision be added that there would be no shopping carts at this store. Council Member Tait agreed with the shopping cart issue, that there should not be any at the store, but said to make a certain percentage of the customers use the shuttle service was an unworkable situation because no one could monitor the number of customers who walked to the store and based upon the traffic study he felt that the shuttle service condition should be added as a requirement. Mayor Pringle suggested that the issue be held over to the next meeting so that staff could work on a wording recommendation. Council Member McCracken said that she would recommend that the waiver be passed with two conditions; one that there be no shopping carts and two, that there be a shuttle service provided and staff would word it appropriately. Council Member Chavez stated that there should be a designated area for loading and unloading the van on the premises, there was parking available already in the alley and it could be designated for this purpose. Council Member Hernandez moved to adopt the conditional parking waiver with the two conditions that were discussed, including the shuttle van being available during hours of operation and taking parking from the rear of the store and the condition regarding shopping carts, approve the CEQA finding of Negative Declaration and adopt Resolution No. 2003R-88, seconded by Council Member Chavez. RESOLUTION NO. 2003R-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Conditional Use Permit No. 2003-04674. ANAHIEM CITY COUNCIL MEETING MINUTES MAY 20, 2003 Page 13 Roll call vote: Ayes - 5; Mayor Pringle, Council Members McCracken, Tait, Chavez, Hernandez. Noes - O. Motion carried. Report on Closed Session Actions: None Council Communications: Council Member Hernandez noted the passing of one of the city's retired employees, Lanna Gordon who worked for the Utilities Department. Council Member McCracken presented to the Mayor an art figure from the Children's Art Festival. Council Member Chavez reported from a recent Orange County Water Board meeting, noting that the Mayor and other members of the board took a tour recently of the reservoirs and lakes in Anaheim. Mayor Pringle stated that he would like the District to be more sensitive to these areas and he asked that the Water District spend a little more money in beautifying these facilities. Mayor Pringle noted to Council Member McCracken that the Sanitation District would be considering rates and possible increases. He noted the permit expired in 2003 and they would seek a new permit. Council Member McCracken said that meetings had been going on for two years with discussion regarding the upgrading of these facilities and services. There is a possibility that Anaheim might get federal funding assistance for this. There will be many challenges to upgrade and have secondary water treatment for use in reclamation and by 2012 the County may be able to reclaim 250 million gallons of water a day, she explained. Mayor Pringle asked Council Members who were a part of different county boards who proposed to raise fees, that they report it at the Council meetings to inform citizens. He said that the Sanitation Board voted two weeks ago to increase fees over 100 percent over a five year period. He said that was a significant fee increase that everyone would feel, especially businesses. He expressed a desire to create a process that kept everyone informed. Mayor Pringle spoke on the issue of shopping carts and said he wished to explore different options and be proactive to figure out a way to have an incentive based program, not cash or monetary incentives, but in the development process. He explained a program in Santa Ana that was a condition of some stores that a wheel locking device is placed on the cart and once the cart was beyond a certain distance from the front door, it stopped the cart from moving. He said he would like to have the idea considered or other innovated ways. ANAHIEM CITY COUNCIL MEETING MINUTES MAY 20, 2003 Page 14 Council Member Hernandez indicated that he agreed with Mayor Pringle's statements and he invited input from local shop and store owners on solutions to the problem. Deputy City Manager Fick said that he would put a report together and possible solutions to the problem. Adjournment: There being no further business to come before the City Council, Mayor Pringle continued the meeting to June 3,2003 at 2:00 P.M. Respectfully submitt~d: ~yL ~~6Ud~ Sheryll Schroeder, CMC City Clerk