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2005/03/08ANAHEIM, CALIFORNIA -CITY COUNCIL ADJOURNED REGULAR MEETING MARCH 8, 2005 The City Council of the City of Anaheim met in adjourned regular session at 4:35 P.M. in the Council Chambers of Anaheim City Hall, 200 South Anaheim Boulevard. The meeting was adjourned from the March 1, 2005 regular meeting. PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Lorri Galloway, Bob Hernandez and Harry Sidhu. STAFF PRESENT: Dave Morgan, City Manager, 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 March 4, 2005 at the City Halt outside bulletin board. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS: None Mayor Pringle moved to closed session for the following items: CLOSED SESSION 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. 050001902. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 610 South Olive Street, Anaheim, California. Agency negotiator: Elisa Stipkovich Negotiating parties: Anaheim Redevelopment Agency and CP&HER Anaheim Under negotiation: price and terms of payment. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 2000 South Gene Autry Way, Anaheim, California. Agency negotiator: Dave Morgan Negotiating parties: City of Anaheim and National Football League Under negotiation: price and terms of payment. At 5:20 P.M., Mayor Pringle reconvened the Council meeting. Invocation: Reverend Gary Spykerman, Grace Bible Church ANAHEIM CITY COUNCIL MEETING MINUTES March 8, 2005 Page 2 Flag Salute: Council Member Bob Hernandez Acceptance of Other Recognitions (To Be Presented at a Later Date1: Recognizing the recipients of the Anaheim Chamber of Commerce Women's Division Annie Anaheim Accolade Awards. Recognizing March 2005, as DeMolay Month. At 5:22 p.m., Mayor Pringle recessed the Council meeting to call to order the Anaheim Redevelopment Agency. At 5:35 P.M., Mayor Pringle reconvened the Council session. ADDITIONS/DELETIONS TO THE AGENDA: Item 23 was removed from the agenda as the resignation had been withdrawn. PUBLIC COMMENTS: Todd Ament, President and Chief Executive Officer of Anaheim Chamber of Commerce, spoke in support of Item 19, the business tax holiday proposed by the City. Mr. Ament stressed its importance to Anaheim's recognition as a friendly business community and indicated the Chamber would be joining in this effort by offering a one year membership at no cost to new businesses which would allow the new business owners access to resources the chamber could provide. William Fitzgerald, Anaheim HOME, spoke of his organization's goal. James Robert Reade addressed concerns related to Anaheim Police Association. John Besta, Anaheim Hills Kiwanis Club and principal of EI Rancho Charter School, announced the Kiwanis Club would be providing Easter assistance to victims of child abuse by sponsoring children's Easter baskets containing clothing, school supplies and other special needs in collaboration with churches, clubs and individuals in the community. CONSENT CALENDAR: Council Member Hernandez removed Item 17 and Mayor Pringle removed Item No. 19 for separate discussion. Council Member Chavez moved approval of the balance of the Consent Calendar Items 8 - 20, 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 - 0. Motion carried. 8. Waive the sealed bidding of Council Policy No. 306 and authorize the Purchasing D180 Agent to issue a purchase order to Southern California Trane Service, in an amount not to exceed $35,000, for the repair of a chiller at the Convention Center. ANAHEIM CITY COUNCIL MEETING MINUTES March 8, 2005 Page 3 9. Authorize the Purchasing Agent to issue change notices up to $29,208 to Class D180 Software Solutions to complete the class registration and facility scheduling software implementation for the Community Services Department. 10. Approve a request for the Anaheim City Golf Championship Tournament committee to D150 waive the tournament surcharge of $10 per golfer, per day for the 2005 tournament. 11. Approve and authorize the City Manager to execute Amendment No. 1 to the 2898 Temporary Assistance to Needy Families Vendor Agreement with Casa Loma College, Inc., to increase the maximum compensation amount to $270,000, for the provision of occupational skills training. 12. Approve and authorize the City Manager to execute the First Amendment to an 3221 Agreement with the County of Orange for the provision of Welfare-to-Work employment services. 13. Approve and authorize the City Manager to execute Amendment No. 1 to the 1329 Community Development Block Grant Subrecipient Agreement with the Fair Housing Council of Orange County to increase the total contract authority by $6,000 in order to analyze impediments to fair housing activities. 14. Approve Amendment No. 3 to the Cooperation Agreement between and among the 1492 City, the Anaheim Redevelopment Agency, and the Anaheim Housing Authority regarding Jeffrey-Lynne Neighborhood Perimeter Area (related to Agency Item #1 and Authority Item #5). 15. RESOLUTION NO. 2005-27 RESOLUTION OF THE CITY COUNCIL OF THE D175 CITY OF ANAHEIM (i) reviewing the need for continuing the local emergency heretofore proclaimed by the Director of Emergency Services of the City of Anaheim as ratified by City Council Resolution No. 2005-17, (ii) determining that the need for continuing the local emergency exists, (iii) authorizing and ratifying certain acts and orders by the Director of Emergency Services, and (iv) approving and authorizing certain additional remedial actions relating to the impending peril. 16. RESOLUTION NO. 2005-28 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. 10803, 10809, 10810, 10811, 10812). 18. ORDINANCE NO. 5960 (INTRODUCTION) ORDINANCE OF THE CITY OF C280 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2004-00116, 111 South Mohler Drive). ANAHEIM CITY COUNCIL MEETING MINUTES March 8, 2005 Page 4 20. ORDINANCE NO. 5959 (ADOPTION) AN ORDINANCE OF THE CITY OF D159 ANAHEIM amending Chapter 1.01 of Title 1 of the Anaheim Municipal Code changing the title of Code Enforcement to Community Preservation (Introduced at the Council meeting of March 1, 2005, Item #30). END OF CONSENT CALENDAR: 17. RESOLUTION NO. 2005-29 RESOLUTION OF THE CITY COUNCIL OF THE D114 CITY OF ANAHEIM amending Section 2.01 of Resolution No. 2004-1 relating to the conduct of City Council meetings. During the Agency meeting, City Attorney Jack White had offered a presentation on the three similar resolutions being considered by the Agency, the Housing Authority and the Council. He stated each resolution would amend the rules for the conduct of the three governing bodies' meetings to allow a joint session to receive public comments when the Redevelopment Agency and/or Housing Authority met the same evening as the City Council. Mr. White indicated the amendments would eliminate confusion as to when comments should be addressed to each of the governing bodies and would also eliminate repetition of comments. Speakers could reference the specific item number on any agenda or speak on a matter of public interest germane to one of the three agencies and do so during the one public comment session. He pointed out the treatment of public hearings would remain unchanged. Council Member Hernandez voiced his opposition to the amendment as it limited citizen's abilities to address issues important to the community. Council Member Sidhu did not support the amendment citing freedom of speech issues and his belief the public should have enough time in which to offer comments. Mayor Pringle explained his support for the amendments which would streamline and maintain orderly presentation during the meetings. Council Member Chavez moved to approve Resolution No. 2005-29 of the City Council of the City of Anaheim amending Section 2.01 of Resolution No. 2004-1 relating to the conduct of City Council meetings, seconded by Council Member Galloway. Roll Call vote: Ayes - 3; Mayor Pringle, Council Members Chavez and Galloway. Noes - 2; Council Members Hernandez and Sidhu. Motion Carried. 19. ORDINANCE NO. 5958 (ADOPTION) AN UNCODIFIED ORDINANCE OF THE D108 CITY OF ANAHEIM establishing a New Business Tax Holiday and superseding the provisions of Title 3 of the Anaheim Municipal Code to the extent inconsistent therewith (Introduced at the Council meeting of March 1, 2005, Item #29). Joel Fick, Deputy City Manager, stated the New Business Tax Holiday program would authorize new businesses that commenced operations in the City and businesses that recorded applications between April 15 and July 29, 2005 to be exempt from the business license tax, application processing fee and also home occupation registration fee for the first ANAHEIM CITY COUNCIL MEETING MINUTES March 8, 2005 Page 5 year of their operation. Additionally to encourage businesses operating without a license to obtain one, a waiver of penalties and interest was proposed for existing businesses that began operation prior to April 15 but failed to obtain a business license and pay the applicable business tax. Those outstanding business licenses taxes must be paid, stated Mr. Fick, but no penalties or fines would be imposed. He remarked that the purpose of this program was to encourage new businesses in the City. Mayor Pringle pointed out that he and Council Member Sidhu constituted the Chamber of Commerce Council Liaison Committee and one of the other elements in developing this program was to review other areas within the business license structure and bring those ideas to a subcommittee of the Council. The Mayor asked that meeting be scheduled in April, to which Mr. Fick replied, the scheduling process was underway. Mayor Pringle also thanked the Chamber president for his support for the program by offering free one-year membership to those new businesses. He felt this effort would show Anaheim as a business-friendly community where small, medium and large businesses were encouraged to establish and/or relocate to Anaheim. Mayor Pringle also asked that other City departments join in and enhance the effort Anaheim was presenting to new businesses. Mr. Fick reported that the Utilities Department had been developing ideas to partner with the program. Council Member Hernandez asked that this program be reconsidered; indicating that the savings of $170 in business licenses fees was not sufficient to entice new businesses to Anaheim and suggested a better enticement would be a strong Police Department and public safety presence. He suggested a study be performed on the effect of removing the business license fees entirely believing the result would be more businesses being established and conducted in Anaheim and exceeding the dollar return gained from business license taxes. Council Member Galloway felt this was an innovative approach to welcome new businesses to the City and would succeed in the same manner as the Home Improvement Holiday. She commended the Chamber of Commerce for their collaboration in this effort. Council Member Chavez gave his support to the proposal pointing to the successful Home Improvement Holiday and the positive feeling at City Hall during that time period. Council Member Sidhu thanked the Chamber for joining in this effort, indicating that the first three years were the most critical times in which businesses could fail and any dollars saved would help. He believed this would publicize that Anaheim is abusiness-friendly city. Council member Galloway moved to approve Ordinance No. 5958, seconded by Council Member Sidhu. Roll Call vote: Ayes - 4; Mayor Pringle, Council Members: Chavez, Galloway and Sidhu. Noes - 1; Council Member Hernandez. Motion Carried. ORDINANCE NO. 5958 (ADOPTION) AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM establishing a New Business Tax Holiday and superseding the provisions of Title 3 of the Anaheim Municipal Code to the extent inconsistent therewith. ANAHEIM CITY COUNCIL MEETING MINUTES March 8, 2005 Page 6 21. Consider appointing a member to the Cultural and Heritage Commission to complete B105 the unexpired term of Mary Ruth Pinson, term to expire June 30, 2008. APPOINTMENT: With no objection from Council, Mayor Pringle continued Item 21 to March 29, 2005. 22. Consider appointing a member to the Planning Commission to complete the 6105 unexpired term of Jerry O'Connell, term to expire June 30, 2007. APPOINTMENT: With no objection from Council, Mayor Pringle continued Item 22 to March 29, 2005. 23. Consider appointing a member to the Housing and Community Development B105 Commission to complete the unexpired term of Darlene Powell, term to expire June 30, 2007. APPOINTMENT: Resignation withdrawn, Item 23 deleted from agenda. 24. Consider appointing a member to the Sesquicentennial Commission to complete the B105 unexpired term of Lorri Galloway, term to expire December 31, 2007. APPOINTMENT: With no objection from Council, Mayor Pringle continued Item 24 to March 29, 2005. Report on Closed Session Actions: None Council Communications: Council Member Hernandez requested visiting Boy Scout and Girl Scout troops be extended the privilege to lead Council meetings in the pledge of allegiance on a routine basis. Mayor Pringle concurred and would work out logistics with the City Clerk. Council Member Galloway spoke of her attendance at the Motel Children Fundraiser for a program hosted by the Boys and Girls Club which provided assistance to the growing population of homeless children exposed to a number of harmful factors Council Member Chavez, reflecting on his support of Item No. 17, stated the amendment would make meetings more efficient, not restrict freedom of speech. He indicated there were many ways for the public to speak their mind and make issues known to Council in addition to statements offered during Council meetings and that Council doors were always open. ANAHEIM CITY COUNCIL MEETING MINUTES March 8, 2005 Page 7 Mayor Pringle requested that the City Manager present Council with options to expand the use and interaction of the Santa Ana River, using this as a method to link to Anaheim's German heritage. Specifically, the Mayor would like to see an assessment of different public uses envisioned such as recreation, open space and partnership opportunities, getting schools and/or landscape architectural firms involved with drafting concepts. ADJOURNMENT: There being no further business to come before the City Council, Mayor Pringle adjourned the meeting at 6:10 P.M. Respectfully submitted: Sheryl) Schroeder, MMC City Clerk