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2004/04/20 ANAHEIM, CALIFORNIA - CITY COUNCIL REGULAR ADJOURNED MEETING APRIL 20, 2004 The City Council of the City of Anaheim met in regular adjourned session. The Notice of Adjournment was posted at 3:00 P.M. on April 20, 2004 on the exterior door of the Anaheim Council Chambers, announcing the adjournment to 5:00 P.M. due to a lack of quorum PRESENT: Mayor Curt Pringle, Council Members: Shirley McCracken, Bob Hernandez, Tom Tait, and Richard Chavez. STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, and City Clerk Sheryll Schroeder. A copy of the agenda for the meeting of the Anaheim City Council was posted on April 16, 2004 at the City Hall outside bulletin board. Mayor Pringle called the regular meeting to order at 5:14 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard and welcomed those in attendance. INVOCATION: Pastor Tony Birge, Victory Baptist Church FLAG SALUTE: Council Member Tait PRESENTATIONS: Terry Lowe, Director of Community Services and Mariann Long, Utilities Business and Community Programs Manager, accepted the Tree Appreciation Week proclamation and also commented on the significance of this week in the City of Anaheim. Eric Oldar, California Department of Forestry and Fire Protection, presented Mayor Pringle with Tree Line USA Award recognizing Anaheim for excellence in the field of urban and community forestry . RECOGNITIONS (To be presented at a later date): Proclaiming April 19-24, 2004 as Record-A- Thon Week. Proclaiming April 2004 as National Donate Life Month. Proclaiming April 18-24,2004 as National Library Week. Recognizing the recipients of the Anaheim Chamber of Commerce 2004 Awards Mayor Pringle recessed the Anaheim City Council meeting to call to order the Anaheim Public Financing Authority at 5:23 P.M. Mayor Pringle reconvened the Anaheim City Council meeting at 5:34 P.M. " .........~ - - "~""'~'_'~___'~_"""'H"'_'~~~_""""-"~~'.~~"_'__,__ , ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 20, 2004 PAGE 2 ADDITIONSIDELETIONS TO THE AGENDA: Staff requested Item A 19 and Item A20 be removed from consent calendar and adopted by separate votes and that reference to AB 496 in Item A 14 be removed from consideration at this time. PUBLIC COMMENTS: James Robert Reade commented on Police Department concerns. Joyce Little commented on code enforcement concerns. Mayor Pringle referred Ms. Little to the City's Code Enforcement Manager, William Sell, who would discuss her concerns and report back to Council on the issues. Charles Libby, South Jetty Drive resident, spoke on behalf of "Take Back Our Street" petitioners and requested Council assistance in alleviating parking problems. In discussing those concerns with Mr. Libby, Mayor Pringle explained Council had finished a review process for permit parking similar to the South Jetty Drive residents' request and the City had a trial project now underway. The Mayor referred Mr. Libby to John Lower, Traffic Manager, to discuss his concerns and report back to Council on the outcome. Lisa Ramos, extended an invitation to all to attend the West Anaheim Neighborhood Development Council's 8th Annual barbeque at Twila Reid Park. Ed Hookla, vice-president of pre-development for Walt Disney Imagineering, spoke in opposition to Item A24. He felt by amending the specific plan to allow office use in legal nonconforming buildings, it would eliminate the economic incentive for owners to bring the buildings into conformity for tourist serving uses that was the focus of the specific plan. Mr. Hookla was concerned that the direction of the specific plan would be altered by this action. Mayor Pringle concurred that the highest and best use for the resort area and for the City would be resort-oriented uses and he did not believe there was any change to that focus. He noted that some of the properties in the resort area had grand-fathered rights that included manufacturing rights and office uses. His concern was in having office buildings remain empty for 20 years until the market shifted to make it economically viable for a resort area use. The conditional use permit process, Mayor Pringle remarked, would give all those protections and allow an interim use of properties with the use expiring based on the time factored into the conditional use permit. Joel Slutsky, chairman of Odetics, spoke in support of Item A24 and concurred with the Mayor's comments for interim use of properties to refocus on resort-oriented uses when it was economically feasible. Mike Hefner, White Commercial Brokerage, supported Item A24 stating until the market place could support another use for properties, it was important to keep those properties economically viable so they don't fall into disrepair and the owner would have as much flexibility as needed to attract tenants. CONSENT CALENDAR: Council Member Hernandez requested Items A21 and A25 be removed from the consent calendar for discussion. Mayor Pringle requested removal of Item A24. ...,........" ~. "c. .. ~"'" ._. ,... ,_ , '1'1" ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 20,2004 PAGE 3 Council Member Chavez moved approval of Consent Calendar Items A 1- A26, seconded by Councilmember McCracken, 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: McCracken, Tait, Hernandez, and Chavez. Noes - O. Motion carried. 105 A 1. Receive and file minutes of the Anaheim Workforce Investment Board meeting held December 11, 2003; minutes of the Golf Advisory Commission meeting held February 26, 2004; and minutes of the Public Utilities Board meeting held March 4, 2004. 159 A2. Award the contract to the lowest responsible bidder, J. Colon Coating, Inc., in the amount of $160,750, for Eastridge tank coating and painting and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 160 A3. Authorize the issuance of a change order to Compulink Management Center to increase the amount of the purchase order from a not to exceed amount of $20,000 to a not exceed amount of $45,000, for converting permit records to a laser fiche file format. 160 A4. Accept the low bid of Western Brake and Tire, Inc., in an amount not to exceed $35,000 per year (plus applicable taxes), for police pursuit tires for Fleet Services for a period of one year with four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #6461. 160 A5. Accept the low bid of Power Generating Consulting, Inc. and authorize the Purchasing Agent to issue a purchase order, in an amount not to exceed $35,000 (including tax), for the maintenance inspection of the brush generator located at the Combustion Turbine Generating Plant of the Public Utilities Department in accordance with Bid #6468. 160 A6. Accept the low bid of FS3, Inc., in the amount of $36,085.48 (including tax), for the purchase of Holmatro rescue equipment for the Fire Department in accordance with Bid #6470. 165 A7. Award the contract to the lowest responsible bidder, All American Asphalt, in the amount of $658,281.55, for the North Street, Olive Street to Loara Street improvements, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 123 A8. Approve the Encroachment License with Antranik Kassabian and Houri Kassabian for property located at 2201 West Lincoln Avenue. 123 A9. Approve an agreement with Donahue & Company, Inc., in an amount not to exceed $300,000 annually, for appraisal services with the option to renew for an additional year to a maximum of five years. 165 A 10. Approve the fifth-year option to an agreement with Orange County Striping Service, Inc. for striping maintenance services. 123 A 11 . Approve the Agreement for Acquisition of Real Property with Stonegate Anaheim Community Association, in the acquisition payment amount of $27,480, for property V"~. "+,~",",""""'~....c__"'_'__"_~-"'~+-_"'r';,"",.,=~,~.,."."...,"',t.,,.,, .,.."."j,,,,,~__,,,*,,,,,.~.,,..,c.,,..,.._,..^_"><~..,,,,.,,,,,~_,.>,,,,..~~ ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 20,2004 PAGE 4 located at the east side of Brookhurst Street north of Cherrywood Lane for the Lincoln Avenue and Brookhurst Street Intersection Improvement Project. 123 A 12. Approve the Agreement for Acquisition of Real Property with Seung Uk and Myong Ja Choi, in the acquisition payment amount of $10,000, for property located at 101-111 North State College Boulevard for the Lincoln Avenue and State College Boulevard I ntersection Project. 123 A 13. Approve and authorize the Human Resources Director to execute a Business Associate Agreement with Delta Dental Plan of California for dental insurance administration. 139 A 14. Approve the Legislative Status Report which states the City's position to support and seek amendments to AB 496, Santa Ana River Conservancy, oppose AB 1916, Transient Occupancy Tax Collections, unless amended, and oppose AB3007, Closed Sessions. 158 A15. RESOLUTION NO. 2004-55 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting irrevocable offers of dedication of certain real property and/or facilities (Tract Map Nos. 10983 and 10984). 158 A 16. RESOLUTION NO. 2004-56 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interest therein (City Deed Nos. 10743, 10744 10745, and 10746). A17. RESOLUTION NO. 2004-57 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements. (Abandonment No. ABA2003-00078, 711 East La Palma Avenue). 159 A18. RESOLUTION NO. 2004-58 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the submittal of a funding request for funds for beverage container recycling and litter clean-up activities. Authorize the Director of Public Works to execute all necessary forms for securing and expending such funds in support of the Recycle Anaheim Program. 123 A22. RESOLUTION NO. 2004-64 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM giving notice of its intention to approve an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System and the City of Anaheim. ORDINANCE NO. 5908 (INTRODUCTION) AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM authorizing an amendment to the contract between the City of Anaheim and the board of Administration of the California Public Employees Retirement System. A23. Certify that the adoption of the Water Rates, Rules and Regulations is categorically exempt under the California Environmental Quality Act, Public Resources Code, Section 15308, Class 8, and authorize the City Clerk to file a Notice of Exemption for same with the Orange County Clerk. ..t.,-,.~ ~">'_"-"".''';_n''~r..,....,,,,,,__,..__._........._.~..~....._.--.....~.,""",.'I."~ '''-''''"'I'H._''~n..,__",__g_-_..' .. ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 20, 2004 PAGE 5 RESOLUTION NO. 2004-65 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Rule No. 22 (Wells) of the Water Rates, Rules and Regulations of the Public Utilities Department providing the Public Utilities General Manager authority to establish alternative processes for well destruction. ORDINANCE NO. 5909 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 10.20.080, 10.20.090 and 10.20.100 and repealing Section 10.20.110 of Chapter 10.20 of Title 10 of the Anaheim Municipal Code relating to wells. A26. Approve minutes of the Council regular adjourned meeting held April 6, 2004. END OF CONSENT CALENDAR: 175 A19. RESOLUTION NO. 2004-59 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (I) approving the issuance of not to exceed $15,000,000 aggregate principal amount of Water Revenue Refunding Bonds of the Anaheim Public Financing Authority; (II) approving the forms and authorizing the execution and delivery of an Installment Purchase Agreement, two Escrow Agreements, a Continuing Disclosure Agreement, sale documents and other related documents; (III) approving the delivery of an official statement; and (IV) approving certain actions in connection therewith. David Morgan, City Manager, noted this was a recommendation to refund certain water bonds to achieve savings as a result of current favorable interest rates and had been discussed during the Anaheim Public Financing Authority meeting. Council Member Hernandez moved to approve Resolution 2004-59, approving the issuance of Water Revenue Refunding Bonds, seconded by Council Member McCracken. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tait. Noes- O. Motion Carried. 104 A20. RESOLUTION NO. 2004-60 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the issuance of City of Anaheim Community Facilities District No. 1989-1 (Sycamore Canyon) Special Tax Bonds, Series 2004, in an aggregate principal amount of not to exceed $5,000,000, authorizing the execution and delivery of a Fiscal Agent Agreement, a Bond Purchase Agreement and a representation letter and authorizing the execution of necessary documents and certificates and related actions. Council Member Hernandez indicated the backup information for Item A20 was almost identical to that of the Anaheim Public Financing Authority information and requested staff refer to the initial item rather than duplicate the material. Jack White, City Attorney, indicated if the information was identical, the City could economize by referring to it and duplicating the information once. Council Member Hernandez moved to approve Resolution No. 2004-60 approving issuance of Special tax Bonds for Sycamore Canyon CFD, seconded by Council Member Chavez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tait. Noes - O. Motion Carried. ,.,... .,.._."-........,~,~-_._.."..~_..,~.,',.".,...,"'...,^"",.,4_". ~,.,"'_~,~._.,....""""'" 1<1"-....11" ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 20,2004 PAGE 6 RESOLUTION NO. 2004-61 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the issuance of City of Anaheim Community Facilities District No. 1989-2 (The Highlands) Special Tax Bonds, Series 2004, in an aggregate principal amount of not to exceed $8,200,000, authorizing the execution and delivery of a Fiscal Agent Agreement, a Bond Purchase Agreement and a representation letter and authorizing the execution of necessary documents and certificates and related actions. Council Member Chavez moved to approve Resolution No. 2004-61, approving issuance of Special Tax Bonds for The Highlands CFD, seconded by Council Member Hernandez. Roll Call Vote: Ayes - 4; Mayor Pringle, Council Members: Chavez, Hernandez, and McCracken. Noes - O. Abstention - 1; Council Member Tait. Motion Carried. RESOLUTION NO. 2004-62 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the issuance of City of Anaheim Community Facilities District No. 1989-3 (the Summit) Special Tax Bonds, Series 2004, in an aggregate principal amount of not to exceed $8,000,000, authorizing the execution and deliver of a Fiscal Agent Agreement, an Escrow Agreement, a Bond Purchase Agreement and a representation letter and authorizing the execution of necessary documents and certificates and related actions. Council Member McCracken moved to approve Resolution No. 2004-62, approving issuance of Special Tax Bonds for the Summit CFD, seconded by Council Member Hernandez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken, and Tait. Noes - O. Motion Carried. A21. ORDINANCE NO. 5907 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 1.04 of Title 1 of the Anaheim Municipal Code to increase the monetary limitations on the authority of the City Purchasing Agent. RESOLUTION NO. 2004-63 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the City Manager to enter into certain agreements for and on behalf of the City when the amounts do not exceed one hundred thousand dollars. Mr. Morgan indicated Item A21 was a recommendation to update 16-year old policies related to bid awards and advertising methods and introduced Bill Sweeney, Finance Director, to provide details on the policy changes. Mr. Sweeney indicated the ordinance would increase award authority for the City's purchasing agent from $20,000 to $100,000, and in the interest of consistency, the accompanying resolution would increase the City Manager's authority from $25,000 to $100,000. Council policies would then be amended to incorporate the two actions and modify Anaheim's newspaper advertising to eliminate the need to advertise via newspaper. Mr. Sweeney pointed out the policy changes would lower costs, reduce delivery time, improve efficiency and enhance service. He stated the City had been making concerted efforts to reduce back office costs and improve response times to client departments and that the recommended changes would bring Anaheim up to current municipal standards commensurate with a city of this size. Additionally, a survey of other municipalities had been provided which showed the vast majority of cities had authority levels materially higher than $20,000. .+Y" ,_.'_ .._._''''".,,,.,;<'''''''O_"..,__'''"....;,._.,'_...~~__,,''''~'"_.,. ",._."...__._.""".".._~;...,.".+^ ,,___ j.<.l~'"'-'''''''_''''--''''_''' .- 'l5'I. T' ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 20, 2004 PAGE 7 Mr. Morgan also pointed out that sole source procurements over $20,000 would continue to come before Council for approval and that the proposed changes would not change dollar values at which competitive bidding occurs nor do they affect Public Works contract procedures. Council Member Hernandez indicated he was supportive of this change to allow for a more efficient operation of the City and pointed out the RFP process was still in place with all its safeguards. Mayor Pringle noted the change was to expedite services at the most economic level as possible but also wanted to ensure that awarded contracts would be posted on line for public information purposes. Mr. Sweeney indicated his department would be able to post on line at a minimum of once per month. Council Member Tait was also supportive of this action with the City's intention to post all awarded contracts on the City's website for the public. Jack White, City Attorney indicated there were two items before Council, an introduction of the proposed ordinance and a resolution for adoption. Without objection from Council, Mayor Pringle introduced ORDINANCE NO. 5907 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 1.04 of Title 1 of the Anaheim Municipal Code to increase the monetary limitations on the authority of the City Purchasing Agent. Council Member Hernandez moved to adopt RESOLUTION NO. 2004-63 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the City Manager to enter into certain agreements for and on behalf of the City when the amounts do not exceed one hundred thousand dollars, seconded by Council Member McCracken. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken, and Tait. Noes - O. Motion Carried. Mayor Pringle moved to direct the City Manager to ensure that all awarded formal contracts by the City Manager or Purchasing Agent under $100,000 would be posted on line on a monthly basis, seconded by Council Member Tait. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tait. Noes - O. Motion Carried. 130 A24. ORDINANCE NO. 5910 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM approving Specific Plan Adjustment NO.4 to the Anaheim Resort Specific Plan No. 92-2, amending Ordinance No. 5453, as previously amended, and amending zoning and development standards set forth in Chapter 18.48 of Title 18 of the Anaheim Municipal Code. Sheri Vander Dussen, Planning Director, stated the recommendation for Item A24 was to introduce an ordinance for an amendment to the Anaheim Resort Specific Plan. She stated the application would allow legal nonconforming buildings in the Resort Area to be used for office purposes subject to a conditional use permit. Mayor Pringle indicated one of the concerns expressed during public comment was to limit the types of office uses allowed. Linda Johnson, Principal Planner, stated the office uses would be business service firms such as accounting, bookkeeping, some financial offices and institutions. She acknowledged the City could further limit the specific types of office uses during the permit process and confirmed staff would ensure the use falls within the parameters of the environmental impact report. ........... . . <.m.'.j.4.".,,,..^__....~,~_.."'".,_..._'""""""__,~"""" ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 20, 2004 PAGE 8 Mayor Pringle confirmed that a time limit could be one of the conditions of the conditional use permit. He recognized the work that was put into the specific plan and the improvements to the area as a result of that plan and did not feel that anyone was trying to alter that vision. His concern was to create economic opportunities through transitional times and the conditional use permit process would allow for that. The Mayor also wished to ensure that some degree of time be discussed for each conditional use permit granted so those uses could be reevaluated. Motion by Council Member Hernandez to introduce Ordinance 5901, approving Specific Plan Adjustment NO.4 to the Anaheim Resort Specific Plan No. 92-2, seconded by Council Member Chavez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, Tait and McCracken. Noes - O. Motion Carried. 155 A25. ORDINANCE NO. 5906 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2003-00113) (Introduced at the Council meeting held April 6, 2004, Item A 18). Sheri Vander Dussen indicated Item A25 was to reclassify a property approved by Council in February for use as an automobile sales dealership by Caliper Motors. She stated the applicant had complied with all conditions of the reclassification and the ordinance was recommended for adoption. Council Member Chavez moved to adopt Ordinance 5906 amending the zoning map (Reclassification 2003-00113), seconded by Council Member Tait. Roll Call Vote: Ayes - 4; Mayor Pringle, Council Members: Chavez, McCracken and Tait. Noes - 1; Council Member Hernandez. Motion Carried. 131 A27. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM supporting the proposed acquisition of the assets of the San Joaquin Hills Transportation Corridor Agency and the Foothill/Eastern Transportation Corridor Agency by the Transportation Corridor System (Continued from the Council meeting of April 6,2004, Item A20). Mayor Pringle requested this item be presented on the agenda as it dealt with the important issue of consolidation of two toll road agencies in Orange County and the refinancing of their debt. At the last Council meeting, Supervisor Campbell requested the City to continue the item for a week because he had a proposal he wished to present that would be a competing measure to the Transportation Corridor Agency (TCA) staff recommendation. The TCA boards would be voting on this item at their May 13th meeting and the Mayor recognized the need for further discussion on this issue. Council Member McCracken requested a workshop on this matter indicating she would like a clearer understanding of the TCA proposal as well as Supervisor Campbell's or any other proposals. Mayor Pringle asked if a workshop could be scheduled for either April 2ih or the May 11th meetings and Mr. Morgan recommended May 11th. Council Member Hernandez questioned establishing precedence for directing Council Members voting while sitting on ex parte commissions. Council Member McCracken felt precedence had already been set on previous matters commenting on the workshops involving the Sanitation "'"'....', " ~,.. '-"''''"-~''''';''_''-'''''-''"'''''-,",'' ._.____.;m"...~..". ;..;~,.."'-_.~,,,.~..'I-~.._.-',-,.".I"+;';'O-.__,~.',.~,,.._..._T.'__-........ "'" .........-, .......,,_._ u ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 20, 2004 PAGE 9 District issues. Mayor Pringle indicated Council wanted a broader understanding of all the issues and an understanding of the direction Council would take. Without objection from Council, Mayor Pringle continued Item A27 to May 11 for a workshop prior to consideration of the item on the agenda. 105 A28. Consider appointing a citizen to serve on the Sesquicentennial Commission, term to expire December 31,2007. APPOINTMENT: Tim Rvan Mayor Pringle nominated Tim Ryan of Anaheim Arena Management to the Sesquicentennial Commission, and with no objection from Council, the nomination was unanimously accepted. A29. Consider appointing a member to serve on the Housing and Community Development Commission, representing the South Neighborhood Council, term to expire June 30, 2006. Without objection from Council, this item was continued to the April 2ih Council meeting. Council Member McCracken suggested contacting the South Neighborhood Council for candidates to serve on the Commission. Ms. Stipkovich would request the South Neighborhood Council to provide a list of 3-5 names for Council's consideration. PUBLIC HEARING: 173 B1. A public hearing to consider Anaheim Transportation Network Application for a Non- Exclusive Transit Franchise. Determine that the granting of a non-exclusive franchise to Anaheim Transportation Network is categorically exempt from the California Environmental Quality Act as a Class 1 Project. ORDINANCE NO. 5911 (INTRODUCTION) AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM granting a non-exclusive franchise to Anaheim Transportation Network to provide Resort transportation shuttle service within the Anaheim Resort and other areas within the City of Anaheim and stating the terms and conditions upon which said franchise is granted. John Lower, Traffic and Transportation Manager, provided Council with a brief presentation on the background and history of the Anaheim Resort clean fuel shuttle service. He explained the project did not involve any change to existing facilities, highways, streets or infrastructure. He also stated the project was to grant a non-exclusive franchise for trolley-style, clean fuel buses to connect resort hotels with the Anaheim Convention Center, Disneyland and adventure theme parks, the Pond, Angel Stadium and downtown and other areas that may be identified in the future and approved by the City Manager. Mr. Lower indicated the application was consistent with City's Charter which called for franchises for transportation serving Anaheim residents and operating in the City and the action requested was to determine the project categorically exempt and introduce first reading of the ordinance granting the non-exclusive franchise. Mayor Pringle opened the public hearing. ~~TC. ."""'"'~""","",",,"~~__~...;.,_~,~c.",,,_' ___.....____.c:"".._ilI<.al.. ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 20,2004 PAGE 10 Paul Sanford, Director of Operations for Anabella Hotel and Carousel Inn & Suites, spoke as chairman of A TN. Requesting endorsement of the non-exclusive franchise, Mr. Sanford explained the history behind the implementation of the clean fuel guest transportation service which opened Memorial Day, 2002 and requested support for the non-exclusive franchise with the City. Jack White confirmed to Mayor Pringle that the non-exclusive franchise would not limit other similar services from being provided to the City and following the same process as A TN. Mr. White also stated the franchise requirement did not apply to other hotels currently providing guest transportation to similar areas. He also confirmed that the requirement did not apply to a shuttle business providing service to more than one hotel. Charles Ahlers, president of Anaheim Orange County Visitor and Convention Bureau, spoke as a member of A TN board in support of the non-exclusive franchise being granted citing the benefits received from the ART system. With no other comments offered, Mayor Pringle closed the public hearing. The Mayor was supportive of the amendment since it did not change any right that was presently allowed and operating within the City but ensured the trolley service would now be in complete compliance with the City Charter and Code. Council Member Tait supported ATN and felt that allowing competition kept businesses sharp and options open for customers. Council Member Chavez moved to determine that the granting of a non-exclusive franchise to Anaheim Transportation Network was categorically exempt from the California Environmental Quality Act as a Class 1 Project and introduced Ordinance No. 5911; Council Member McCracken seconded the motion. ORDINANCE NO. 5911 (INTRODUCTION) AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM granting a non-exclusive franchise to Anaheim Transportation Network to provide Resort transportation shuttle service within the Anaheim Resort and other areas within the City of Anaheim and stating the terms and conditions upon which said franchise is granted. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken, and Tait. Noes - O. Motion Carried. COUNCIL COMMUNICATIONS: Council Member Hernandez noted the passing of Norman Schindler, Police Department. Council Member McCracken reported she was privileged to represent Anaheim at environmental hearings for the high-speed rail authority. Council Member Chavez commented on allegations of certain police department investigations. Mayor Pringle commented on critical issues of transportation in Anaheim and expressed confidence in Shirley McCracken as the City's representative. He remarked that every issue ""........~' ;'_.h",,,,,,_,~_",,'__''''''."~,,_,,_"-,,,,,,_,,,,,,,,,,,,,,-_.,_,,,",,,_____,__+-'__'-'--_C~_'~'_""~"_'_="~=""",,..,_=__,,,,~",~ ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 20, 2004 PAGE 11 relating to transportation services through the 91 corridor was on the table for discussion and this was Anaheim's opportunity to provide input. ADJOURNMENT: There being no further business to come before the City Council, Mayor Pringle adjourned the meeting at 7:14 P.M. Re~~ectfully S~ ~eder, MMC City Clerk .;t'"'~~"'", ....'.'''~.....__''';..::.O~...clO:..<;_._,~".w.''"-<.,...c;~.="r,I__.._~-....~.... ~.. .d:.L