1995/02/07City Rail, Anaheim, California - COUNCIL HINUTES - FEBRU~RY 7~ 1995 - 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
PRESENT:
ABSENT:
PRESENT:
MAYOR: Daly
COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson
TRAFFIC AND TRANSPORTATION MANAGER: John Lower
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:30 p.m. on February 3, 1995 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the meeting of February 7, 1995 to order at 3:15 p.m.
114: SWEARING-IN OF THOMAS TAIT:
Mayor Daly. The first order of business today will be for the City Clerk,
Leonora Sohl, to swear in the newest Council Member, Mr. Thomas Tait whose
family and friends are present in the Chamber audience. An informal reception
was held for Mr. Tait prior to the start of the meeting.
City Clerk, Leonora Sohl gave the Oath of Office to Thomas Tait.
Mayor Daly. He welcomed Council Member Tait and looks forward to the energy
and ideas he will contribute. It is clear Mr. Tait has the background
experience and education which make him very well versed and capable to
contribute what they need in the City. There are important decisions to be
made in the coming months and Mr. Tait will help them make the best possible
decisions. He then deferred to Council Member Tait.
Council Member Thomas Tait. He first introduced his wife Julie and their four
children ranging in age from 7 months to 9 years (Whitney, Trevor, Kendall and
Colin). He also introduced his parents and his brother. He then thanked his
friends for being present especially employees from Tait & Associates and also
members of City staff, particulary those with whom he has worked in his role
as a City Planning Commissioner. For him, the honor of having been appointed
to the Council is overwhelming. Anaheim is a great place to be. There are
incredible long-term opportunities facing the Council in the coming years that
will affect generations. He is deeply honored to be a part of that and he
hopes he is worthy of the task. He again thanked everyone for placing their
confidence in him and he will do his very best.
Mayor Daly. The reason Mr. Tait was sworn in at this time is due to the fact
that the Council will now recess into Closed Session in which Mr. Tait will
participate. At the start of the regular meeting at 5:00 p.m., he will
reintroduce Council Member Tait at that time.
Council Member Zemel. He is pleased that the Council was able to fill the
Council seat without causing a considerable expenditure of taxpayer's funds.
He thereupon welcomed Mr. Tait to the Council as did Council Members Lopez and
Feldhaus.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session noting first that there are no additions to Closed Session items.
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C£t¥ Hallt ~he£mt Cal£fornia - COUNCIL NINUTES - FEBRUARY 7~ 1995 - 5:00 P.N.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session:
1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION:
Name of case: In res County of Orange, Debtor, U.S. Bankruptcy
Court, Central District Case No. SA 94-22272; and In re: Orange
County Investment Pools, U.S. Bankruptcy Court, Central District
No. SA 94-22273.
2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9{a} - EXISTING LITIGATION:
Name of case: Shuy v. City of Anaheim, Orange County Municipal
Court Case No. 29-14-64.
3. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION:
Name of case: Carmel Valley Fire Protection District, et al., v.
State of California, et al., Los Angeles County Superior Court
Case No. 8C115599.
4. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9{a} - EXISTING LITIGATION:
Name of case: Anaheim Stadium Associates v. City of Anaheim,
Orange County Superior Court Case No. 44-81-74.
LIABILITY CLAIMS:
Claimant: Sanuel Shifres
Agency claimed against: City of Anaheim
Se
CONFERENCE WITH LABOR NEGOTIATOR:
Agency negotiator: David Hill
Employee classification: Public Safety Projects Manager
PRESENTATION recognizing Price Elementary School for their fight
against graffiti.
RECESS: Mayor Daly moved to recess into Closed Session. Council Member Tait
seconded the motion. MOTION CARRIED. (3:28 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:32 p.m.).
INVOCATION: Reverend John P. Lenihan, St. Boniface Catholic Church, gave the
invocation.
FLAG SALUTE: Council Member Frank Feldhaus led the assembly in the Pledge of
Allegiance to the Flag.
Mayor Daly. Just prior to Closed Session this afternoon, it was an honor and
priviledge for the City Clerk to have sworn in the newest member of the City
Council, Mr. Tom Tait. He is a familiar face in the City, a City Planning
Commissioner for almost three years, a business person who is the President of
a substantial engineering firm in Orange County and a person with deep family
roots in Anaheim. He introduced Mr. Tait to the Chamber audience.
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C£t¥ Ballt ~-aheimt California - COUNCIL MINUTES - FEBRUARY 7~ 1995 - 5:00 P.M.
Council Member Tait stated as he did earlier, that it was an honor and a
privilege to serve the people of Anaheim.
119: PRESENTATION - FIGHT AGAINST GRAFFITI - PRICE ELEMENTARY SCHOOL: Carolyn
Griebe, Coordinator of the City's anti-graffiti efforts explained the program
noting that classroom ~10 from Price Elementary was the youngest Adopt-a-Block
group in the City. Every day on lunch recess, they patrol the perimeter of
the school and paint out any graffiti and pick up trash. She also pointed out
the mural that was produced by the students which was displayed in the
Chamber. She asked the children involved to come forward as well as their
teacher, Pam Krey and Principal, Elizabeth Schuck. Ms. Krey gave additional
details on the program and how the children are involved. She thanked
everyone for their support as well as Principal, Elizabeth Schuck - "the best
principal ever". She also presented a plaque for the Code Enforcement
Division which contained a picture of the mural.
Mike Howard, a teacher at Price Elementary, explained how the mural came about
and that it will be brought back to the school where it will remain on
display.
Mayor Daly and Council Members congratulated all involved in the program
especially the young students with the hope that all 6th graders in Anaheim
would become as involved as those in Price Elementary. Mayor Daly also
accepted the plaque on behalf of the Code Enforcement Division. He further
noted that the students had been chosen to appear in a public service
announcement for Cystic Fibrosis.
119: PRESENTATION - "WIPE OUT GRAFFITI" AND MAKE YOUR MARK ON THE WORLD NOT
ON THE WALL T-SHIRT DESIGN CONTEST WINNERS FROM AREA HIGH SCHOOLS: Carolyn
Griebe, Coordinator of the City's anti-graffiti program and Bonnie Kirkwood,
President of Anaheim Beautiful then presented the winners of the subject
contest as follows and each were presented with $100 and certificates:
(The art work produced by these students was on display in the Council
Chamber.)
Horacio Perez, Grand Prize Winner, Anaheim High School
Oscar Partida, Loara High School
Irene Klm, Cypress High School
Forrest Gray, Gilbert West High School
Eliezer Gallegos, Magnolia High School
Terion Grand, Western High School
Marie Truong, Kennedy High School
Ernesto Linares, Gilbert East High School
Bob Nguyen, Savanna High School
Shayne Strefel, Katella High School
Mrs. Griebe then announced the Grand Prize Winner -Horacio Perez from Anaheim
High School whose design will be the one used on the t-shirts to be produced.
He also received an additional $100.
Mayor Daly and Council Members congratulated each of the winners with a
special congratulations to Horacio Perez.
119: PROCLAMATION: The following proclamations were issued by Mayor Daly and
authorized by the City Council:
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City' Ea11~ Anaheim~ California - COUNCIL MXNU~-S - FEBRUA.R¥ 7~ 1995 - 5:00 P.M.
Recognizing February 12 - 18, 1995 as Voc&tional Education Week
Joanne Stanton, Harold Martin and Mike Worley accepted the Vocational
Education Week proclamation.
Mayor Daly commented on the long-standing R.O.P. (Regional Occupation Program)
with a current enrollment of 28,000 students.
119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE
TO BE MAILED OR PRESENTED AT ANOTHER TIME:
Recognizing February 28 - March 2, 1995, as NEPCON Week in Anaheim
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,644,145.08 for the
period ending January 30, 1995 and $2,169,795.75 for the period ending
February 6, 1995, in accordance with the 1994-95 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (6:00 p.m.)
Mayor Daly reconvened the City Council meeting. (6:03 p.m.)
ADDITIONS TO THE AGENDA: There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Mr. George McClaren (Chairman, Senior Citizens Advisory Committee). He is
President of the Anaheim Historical Society. He then relayed some historical
facts relating to the City of Anaheim which occurred in February of the years
1870 and 1871 since this is the month of the anniversary of those events.
Lee Winter, (20 year Anaheim resident living at the same address.) She
explained a concern and problem she has had relative to her utility bill over
the course of several years. Her utilities have been off for two years. She
has kept the Mayor's Office updated on what has happened for the past three
years. She is appealing to the Council on behalf of her family because she
would like to have her services restored. The deposit the City is holding is
enough to restore services for eight or nine months.
Mayor Daly asked that she leave her address and phone number with the City
Manager. He also asked the City Manager to look into the situation and do
what he can to resolve it.
PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Item A21 (see
discussion under that item).
MOTION: Mayor Daly moved to waive reading in full of all ordinances and
resolutions to be acted upon for the Council meeting of February 7, 1995.
Council Member Feldhaus seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded
by Council Member Tait, the following items were approved in accordance with
the reports, certifications and recommendations furnished each Council Member
and as listed on the Consent Calendar; Mayor Daly offered Resolution
Nos. 95R-21 through 95R-27, both inclusive, for adoption. Mayor Daly offered
Ordinance No. 5478 for introduction. Refer to Resolution Book.
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C~ty Hallf A~Ahe~m, Cal[forn£a - COUNCIL MINUTES - FEBRUARY 7r 1995 - 5~00 P.M.
Council Member Zemel posed a question on Consent Calendar Items A4, AS, A6,
A7, All and A12 asking for clarification if these were General Fund items;
City Manager Ruth explained that they were all non-General Fund items, that
the expenditures were all approved in the budget and explained the various
funds from which the monies were allocated.
Al. 118: The following claims were filed against the City and action taken
as recommended:
Claims rejected and referred to Risk Management:
a. claim submitted by Kathleen S. Lane for property damage sustained
purportedly due to actions of the City on or about December 9, 1994.
b. Claim submitted by Southern California Gas Company, File
No. H-276504-2-BY for property damage sustained purportedly due to actions
of the City on or about December 7, 1994.
c. Claim submitted by E. James Menard, Jr., for bodily injury sustained
purportedly due to actions of the City on or about July 3, 1994.
d. Claim submitted by Delrey B. Turtle for property damage and bodily
injury sustained purportedly due to actions of the City on or about
December 29, 1994.
e. Claim submitted by Warren J. Firmes for property damage sustained
purportedly due to actions of the City on or about November 8, 1994.
f. Claim submitted by Dolores Lamprecht, c/o Gulinson Law Offices, for
bodily injury sustained purportedly due to actions of the City on or about
August 20, 1994.
g. Claim submitted by Samuel Shifres, c/o Satin & Russell for property
damage and bodily injury sustained purportedly due to actions of the City
on or about July 18, 1994.
h. Claim submitted by Steven W. Nolan, c/o John W. Lewis, esq., for
bodily injury sustained purportedly due to actions of the City on or about
September 9, 1994.
A2. 156: Receiving and filing the Anaheim Police Department's Crime
Statistical Report for the month of December, 1994.
105: Receiving and filing minutes of the Telecommunications Policy Committee
meetings held October 20, 1994, and November 17, 1994.
117: Receiving and filing the Summary of Investment transactions for the
month of December, 1994, as submitted by the City Treasurer.
140: Receiving and filing the Anaheim Public Library Monthly Statistical
Reports for the months of November, 1994, and December, 1994.
105: Receiving and filing minutes of the Anaheim Public Library Board
meetings held November 23, 1994, and December 21, 1994.
105: Receiving and filing minutes of the Golf Advisory Commission meeting
held December 8, 1994.
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City Ha11~ Anaheim~ California - COUNCIL MINUTES - FEBRUARY 7~ 1995 - 5=00 P.M.
A3. 123= To consider approving District Agreement No. 12-156 A1 with the
State of California for right-of-way acquisition on the I-5 Freeway widening
project (West Street and Manchester Avenue). (Continued from the meeting of
December 6, 1994, and January 10, 1995.)
City Manager Ruth. Staff is again requesting that this item be removed from
the Agenda at this time. Revisions are being made and the matter will be
brought back to the Council when completed.
A4. 167: Awarding the contract to the lowest responsible bidder, Baxter-
Griffin Company, Inc., in the amount of $110,878 for Lincoln/Loara
Intersection and Traffic Signal Improvement Project; and in the event said low
bidder fails to comply with the terms of the award, awarding the contract to
the second low bidder, as well as waiving any irregularities in the bids of
both the low and second low bidders.
AS. 169= Awarding the contract to the lowest responsible bidder, Excel
Paving Company, in the amount of $482,746.05 for Manchester/Loara Street On-
Ramp; and in the event said low bidder fails to comply with the terms of the
award, awarding the contract to the second low bidder, as well as waiving any
irregularities in the bids of both the low and second low bidders.
A6. 169= Approving contract Change Order No. 1, in the amount of $28,956.48
in favor of Hood communications, Inc., for additional improvements for the
Brookhurst Street/West Loop Communication Trunk Closure Project.
A7. 149= Awarding the contract to the lowest responsible bidder, Russell's
Site Contracting, Inc., in the amount of $21,184.40 for Arena Parking Lot No.
2 Improvement; and in the event said iow bidder fails to comply with the terms
of the award, awarding the contract to the second low bidder, as well as
waiving any irregularities in the bids of both the low and second low bidders.
A8. 113: RESOLUTION NO. 95R-21: A 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 - Traffic Engineering Division.)
A9. 176: RESOLUTION NO. 95R-22: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (Setting a date and time to consider
abandoning Chartres Street between Harbor Boulevard and Resh Street, and Janes
Street between Chartres Street and Lincoln Avenue - Abandonment No. 95-8A).
(Suggested date and time: March 7, 1995, at 6:00 p.m.)
Al0. 131: RESOLUTION NO. 95R-23: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ADOPTING THE INTERSTATE 5 NORTH CORRIDOR AESTHETIC THEME AND
GUIDELINES (as part of the I-5 Freeway widening project from the SR-22 Freeway
to the SR-91 Freeway).
Mayor Daly. About 2~ years ago at his request, the Council asked staff to
spend some time with Caltrans and examine opportunities for landscape
amenities, aesthetic amenities and beautification for the best possible design
along the I-5 Corridor through Anaheim. It is the main street of Orange
County and Anaheim and probably one road where more people get an impression
of the community. He wants to single out Gary Johnson, Director of Public
Works and City Engineer and Chris Jarvi, Director of Parks, Recreation,
Community Services & Golf and the SWA Group who helped put the Aesthetic
Scheme and Guidelines together for an outstanding document which is being
recommended for approval this evening. He is the first to complain when
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City Hall, Anaheim, California - COUNCIL MINUTES - FEBRUARY 7, 1995 - 5~00 P.M.
something goes wrong but when people do outstanding work and take something to
the hilt in terms of quality, especially something as important as the I-5
project is to the Anaheim community and the way the project looks, is very
important. He again thanked Mr. Johnson and Jarvi as well as City Manager
Ruth for the leadership to ensure that the project is as aesthetic, quality
and as attractive as possible. He also thanked Caltrans who ultimately
cooperated on the aesthetic treatment. In future years, the City will be
proud of the fact that the Public Works and Parks and Recreation Department
spent the time on the careful design of the I-5 through the City of Anaheim.
All. 160: Accepting the bid of G.E. Supply, in the amount of $19,998.30 for
178 light assemblies with diffusers for tenant improvements at City Hall West,
in accordance with Bid ~5359.
A12. 160: Accepting the low bid of Precision Floor Covering, in the amount
of $34,510.30 for 1,370 square yards of carpeting for tenant improvements at
City Hall West, in accordance with Bid ~5360.
A13. 160: Accepting the bid of Howard Industries, c/o Young and Company, in
the amount of $71,399 for 95 single-phase conventional transformers, in
accordance with Bid $5339; and accepting the bid of Central Maloney, Inc., c/o
Southcoast Utility Sales, in the amount of $28,422 for 28 single-phase
conventional transformers, in accordance with Bid ~5339.
A14. 160: Accepting the low bid, and authorizing the execution of a
lease/rental Agreement with Textron, Inc., dba Western Turf/Jacobsen Textron,
in an amount not to exceed $222,936 per year for five years for Golf and
Stadium equipment, in accordance with Bid #5342.
Council Member Zemel. He believes this is something the City used to maintain
but it is now an effort on the City's part to privatize the service.
City Manager Ruth. The Parks and Recreation Department sometime back began to
lease the equipment instead of buying it and having it maintained by the City.
There was a substantial reduction in cost as a result. At the time this was
privatized, there was significant savings of around $100,000 a year. It is an
effort to continue to look at those operations that the City can privatize.
Council Member Zemel. He commended staff. There are certain areas where the
City can privatize and should do so and he appreciates that.
Al5. 123: Approving an Agreement with Public Financial Management, Inc., as
financial advisor for assistance in dealing with the Orange County bankruptcy.
A16. 184: RESOLUTION NO. 95R-24: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DESIGNATING CERTAIN PERSONS TO ACT ON BEHALF OF THE CITY OF
ANAHEIM IN APPLYING FOR AND OBTAINING FEDERAL FINANCI~tL ASSISTANCE UNDER P.L.
93-288 AS AMENDED BY THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY
ASSISTANCE ACT OF 1988 AND/OR STATE FINANCIA3~ ASSISTANCE UNDER THE NATURAL
DISASTER ASSISTANCE ACT. (Funds requested to reimburse the City of costs
related to our emergency response efforts to cover damages sustained to City
facilities, streets and roadways arising from the winter storms of January,
1995.)
A17. 184: Reviewing the need for continuing the Sixth Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
January 3, 1995, concerning the Santiago Landslide and Pegasus Landslide in
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City Hall, Anaheim, California - COUNCIL MINUTES - FEBRUARY 7~ 1995 - 5:00 P.M.
the City of Anaheim; and taking no action to terminate the local emergency at
this time.
A18. 131: Authorizing the City Attorney to execute a disclaimer of interest
to property being condemned by Caltrans for the widening of the I-5 Freeway.
A19. 158: RESOLUTION NO. 95R-25: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN.
RESOLUTION NO. 95R-26: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL
PROPERTIES OR INTERESTS THEREIN.
A20. 142: ORDINANCE NO. 5478 - INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SUBSECTION .010 OF SECTION 1.01.389 OF CHAPTER 1.01 OF TITLE
i OF THE ANAHEIM MUNICIPAL CODE RELATING TO CODE ENFORCEMENT AUTHORITY. (AB13
- Prohibition of smoking in places of employment.)
A21. 174: Approving the revised Citizen Participation Plan for Federal
entitlement programs funded by the U.S. Department of Housing and Urban
Development.
Mr. Seferino Garcia, Executive Director, Solevar Community Development
Corporation, 406 S. West Street, Anaheim, requested to speak.
Mayor Daly. He noted that Mr. Garcia had submitted a letter to the City's
Community Development Department dated February 2, 1995 with copies to the
Council speaking for the Citron Neighborhood Council regarding the
restructuring of the Citizen Participation Process relative to Community
Development Block Grant (CDBG) funds.
Mr. Seferino Garcia then referred to his subsequent letter dated February 7,
1995 just submitted noting that the Neighborhood Councils were glad to see
that as a result of citizens presenting their concerns over the proposed
changes at the workshop held by the Community Development Department on
February 2, 1995, Lisa Stipkovich, Executive Director of Community Development
stated the proposal would be revised to reinstate the original representation
of two seats from each Neighborhood Council. They were glad to see that occur
but the issue only represents one portion of the problem with the composition
of the new board. Mr. Garcia then read his four-page letter (made a part of
the record) which outlined additional concerns and recommendations,
specifically the criteria for appointment of representatives from the
commissions who will be on the newly created CDBG Advisory Board and whether
the revised Citizen Participation Plan reflects the national objectives for
the United States Department of Housing & Urban Development (HUD) "Reinvention
Blue Print" as it relates to the restructing of the CDBG program. (Also see -
United States Department of Housing & Urban Development - Reinvention Blue
Print dated December 19, 1994 which was submitted along with Mr. Garcia's
letter.) His letter elaborated on these points as well as the concern that,
"In the past, the representation on the City of Anaheim's Commissions have
never represented the Chicano/Mexicano community and if this remains the same
body upon which representatives for this newly created board are chosen, this
will be more of a status quo". As well, he does not feel that Anaheim can
afford to do business as usual and continue, in his opinion, to under-
represent its iow and moderate income population and disenfranchise its
constituents. He urged the Council to carefully review the representatives
sitting in each one of the existing seats from the thirteen-person CDBG Board
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to ensure it will be fair and balanced and that true fiduciary responsibility
will be carried out in the disbursement of the $6,000,000 in CDBG funds.
Mayor Daly. He asked Mrs. Stipkovich to explain anything that has changed
since the workshop held before the Council on January 24, 1995 on the Citizen
Participation Plan and has the original staff recommendation changed.
Lisa Stipkovich, Executive Director of Community Development. She first
answered no, that the staff recommendation has not changed. A workshop for
the community was held on February 2, 1995 at 7~00 p.m. As a result, the plan
was modified to request that the Council consider two seats per Neighborhood
Council instead of one and are still recommending that the seven Boards and
Commissions be represented. She emphasized that they not only meet but exceed
the HUD requirement. She believes there is some confusion about Reinventing
Government and some of the proposed programs that may or may not come to
fruition vs. the regulations that were published on January 13, 1995. A lot
of what Mr. Garcia talked about regarding Reinventing Government were about
some proposals for HUD to change other programs that are economic incentives
and specifically Youthbuild. The plan would address CDBG, HOME and ESG and
they are following and exceeding the HUD requirements for those programs. The
workshop held Thursday, February 2, 1995 included everybody who not only wrote
letters, but also everyone who belongs to the Neighborhood Councils, all the
Boards and Commissions and anybody that had sent a comment regarding the plan.
It is as a result of that meeting that she is recommending going back to two
votes per Neighborhood Council. She clarified that the changes are in the
name of the group and the plan modified to allow for the Council to replace
Boards and Commissions that are defunct or that they may eliminate at their
discretion. The biggest change and the largest number of comments they
received were about the votes of the Neighborhood Council. The only change
from after the time Council saw the plan to when they held the workshop is
they are going back to the two votes per Neighborhood Council.
Mayor Daly. The staff report is not very clear. The citizens want to know
the thinking of the Community Development Department. Since staff last
briefed the Council (see minutes of January 24, 1995), the proposal has
changed to add more Neighborhood Council participation; Mrs. Stipkovich
clarified that was correct.
Council Member Zemel asked why the change; Mrs. Stipkovich explained it was
because of the comments received not only from the Neighborhood Council
members but also comments received from other Boards and Commissions
specifically the Housing Commission, Parks & Recreation Commission and the
Community Services Board. They felt the Neighborhood Council should have two
votes and felt they should also be on the committee as well. The change was
based on that public input. She clarified that that was the most pressing
point and concern expressed by those who spoke. At the meeting, she explained
she was going to make a recommendation to the Council to revise the plan and
submit the change for the Council's approval that there be two votes per
Neighborhood Council. The size o~ the comm£~e would ~h~n be fifteen, seven
Boards & Commission with one representative from each and four Neighborhood
Councils with two representatives each.
Mayor Daly. Two weeks ago, staff was proposing an eleven member committee
which is now expanded to fifteen members with two each coming from the
Neighborhood Councils. He knows this change goes a long way to satisfying
many of the neighborhood leaders who rely on CDBG programs. He is pleased to
know that the recommendation actually exceeds the Federal requirements.
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C~2¥ Hall~ Anahe£m, Cal~forn£a - COUNCIL MXNUTES - FEBRUARY ?~ 1995 - 5~00 P.M.
Additional questions posed by Council Member Zemel were answered by
Mrs. Stipkovich wherein she confirmed that even though it is a process they
would expect to follow for the next five years, the Council can review it
every year and change the citizen participation process any time they want to
do
Rudolfo Escalante, 710 S. Philadelphia, Anaheim. He would like to add to what
Mr. Garcia said relative to lack of representation on the Commission. Many of
the candidates running for office were supporting that there be more Hispanic
representation on the commissions. He feels there is still a problem in this
regard. As well, some of the commissioners that are representing Neighborhood
Councils have a conflict of interest. As an example, a petition was
circulated to put in a laundromat at the corner of Olive and Water in his
neighborhood. There were 67 neighbors who signed a petition in opposition
because it is a residential neighborhood. When a commissioner who is supposed
to be representing the interests of the Citron Neighborhood Council votes
against the neighbors, he considers that a conflict.
Council Member Lopez. He spent an hour with Lisa Stipkovich who walked him
through the new plan. He is satisfied she is doing a good job. He also
assured Mr. Escalante that Mrs. Stipkovich will be talking with him. There is
a concern about representation with a cross section of the community. He
feels when she meets with Mr. Escalante, it will resolve some of his concerns.
Richard Ornelas, South Anaheim Neighborhood Council. They have received a lot
of documentation regarding the Citizen Participation Plan. He then read from
the HUD regulations some of the rules to be followed to ensure participation
of citizens noting that, "special assistance will be made to ensure
participation of the following but not limited to very-low and low-income
persons particularly those living in slum-blight areas ... residents of
assisted housing, low-income residents, target revitalization areas,
minorities, non-English speaking persons and persons with physical
disabilities". He emphasized, in his opinion, in order for the purpose of the
plan to be completed, there needs to be more participation of these people in
the commissions and in the target areas to make it right. It is necessary to
have more of these people participating not only in the target areas, but also
in the commissions and then they can represent the community of Anaheim.
Mayor Daly. He pointed out over the past few years, they have been making
progress in bringing Hispanics into leadership roles in City Government. The
most outstanding example is newly elected Council Member Lopez, the first
Hispanic Council Member in the City's history elected by a vote of the people.
Also over the last few years, they have paid extra attention to the Hispanic
community in terms of appointments to the Parks and Recreation Commission,
Redevelopment Commission and Planning Commission. It was earlier pointed out
that there may be one or two Hispanics on some of the Boards & Commissions,
but only four or five years ago, there was zero representation. Steps are
being taken and although the progress may not please everyone, City Hall has
been very responsive in that area. Progress is being made on a daily basis.
He then thanked Mrs. Stipkovich for proposing that there be a change in
representation on the Committee from eleven to fifteen.
Lisa Stipkovich. She did her own analysis of minority representation,
specifically Hispanics. On the Neighborhood Councils there are twenty-five
different officers and eight are Hispanics and her count of the other Boards
and Commissions is at least eight members are minorities and specifically
Hispanic. Their objective is to do more outreach and to get people to
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City Hallr Anahe£m, California - COUNCIL MINUTES - FEBRUARY 7r 1995 - 5:00 P.M.
participate. They have been pretty effective on the Neighborhood Councils
over the last few years bringing the representation of Hispanics up to eight.
A22. 153: Approving 1995 renewal rates for the Kaiser "Q" Health Plan of
$121.62 for single coverage and $318.94 for family coverage, effective
March 1, 1995, and authorizing the Human Resources Manager to sign the renewal
agreement on behalf of the City.
Council Member Feldhaus posed questions on this item relative to how many
hours constitute part-time eligibility and who determines the City must
contribute 88%; Dave Hill, Human Resources Director answered Council Member
Feldhaus' questions.
A23. 153: RESOLUTION NO. 95R-27: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CLASSIFICATIONS
ASSIGNED TO THE GENERAL UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION. (To create the classification of Maintenance Painter, effective
February 10, 1995.)
A24. 153: RESOLUTION NO. - ...... : Extending the period of eligibility for
severance pay. (Extending the provisions of Resolution No. 91R-112 through
June 30, 1997.)
Mayor Daly. Council Member Tait would like to have a one-week continuance on
this item. He asked staff if there was a problem.
City Manager Ruth. There is no problem. As a background, about 94 City
employees have taken advantage of that program over the last three years with
a net savings to the City of over $5,000,000 annually, because the positions
have subsequently been abolished. It was an incentive for those people to
retire earlier and as they did so, the positions were not replaced. There is
no urgency in acting on this item tonight.
MOTION: Council Member Tait moved to continue item A24 for one week. Mayor
Daly seconded the motion. MOTION CARRIED.
A25. 114: Approving minutes of the Anaheim City Council meetings held
December 20, 1994, January 10, 1995, and the Special Meeting of January 10,
1995.
Council Member Tait abstained on this item.
A26. 123: Approving an Agreement with Coopers and Lybrand LLP, in an amount
not to exceed $90,725 plus reimbursable expenses, for market and financial
feasibility analysis of potential enhancements to the Anaheim Convention
Center.
Roll Call Vote on Resolution Nos. 95R-21 throuqh 95R-27, both inclusivem for
adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
Tait, Lopez, Zemel, Feldhaus, Daly
None
None
The Mayor declared Resolution Nos. 95R-21 through 95R-27, both inclusive, duly
passed and adopted.
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City Hallr Anaheim, California - COUNCIL MINUTES - FEBRUARY 7r 1995 - 5:00 P.M.
END OF CONSENT C~?.~NDAR. MOTIONS CARRIED.
BOARD AND COMMISSION ITEMS:
A27. 105: APPOINTMENTS TO THE PARK AND RECREATION COMMISSION:
Approving the appointments of Molly McGee by the Anaheim Union High School
District and Esther Wallace by the Magnolia School District to the Anaheim
Park and Recreation Commission.
MOTION= Mayor Daly moved to approve the appointment of Molly McGee by the
Anaheim Union High School District and Esther Wallace by the Magnolia School
District to the Anaheim Park & Recreation Commission as recommended by Chris
Jarvi, Director of Parks, Recreation, Community Services & Golf in his
memorandum dated January 24, 1995. Council Member Feldhaus seconded the
motion. MOTION CARRIED.
A28. 178: APPOINTMENT TO VACANCY - WATER ADVISORY COMMITTEE (WACO} OF ORANGE
COUNTY: Submitted was report dated February 7, 1995 from the Public Utilities
General Manager, Ed Aghjayan recommending the appointment of Dale Stanton as
the City's representative on WACO and Mr. Ed Alario as the alternate on the
committee and as recommended by the Public Utilities Board at their meeting of
January 5, 1995.
Council Member Zemel. He has been trying to meet with City Board and
Commission Members. He does not know Mr. Stanton but given time, he will be
attempting to meet everybody.
Mayor Daly. Mr. Stanton is one of the Senior Members on the Public Utilities
Board and is very well qualified to represent the City on the Water Advisory
Committee. It is more or less a voluntary membership on Anaheim's behalf.
MOTION: Council Member Feldhaus moved to appoint Dale Stanton as the City's
representative on the Water Advisory Committee of Orange County and Mr. Ed
Alario as alternate member of the Water Advisory Committee. Council Member
Lopez seconded the motion. Council Member Zemel abstained. MOTION CARRIED.
Council Member Zemel. He noted that the report from the Public Utilities
General Manager was dated today and requested that in the future such
recommendations be submitted to the Council earlier to give an opportunity to
evaluate the recommendations.
City Clerk Sohl stated that she will schedule such appointments giving the
Council a longer time frame before action is to be taken.
B1./Bt. 179: ORDINANCE NOS. 5479 AND 5480 FOR INTRODUCTION:
Ordinance No. 5479 for introduction, amending Sections 18.01.230, 18.01.210,
18.61.020, 18.61.050, 18.63.020, 18.63.028 and 18.63.050, of Chapters 18.01,
18.61 and 18.63 of Title 18 of the Anaheim Municipal Code relating to Zoning
of Towing Services, Vehicle Impounds and Storage Yards; and Ordinance No. 5480
for introduction, amending Title 18 to rezone property under Reclassification
No. 93-94-11 located at 423 North Anaheim Boulevard from the CG and PD-C zones
to the CL zone.
Mayor Daly offered Ordinance Nos. 5479 and 5480 for first reading.
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City Hall~ Anahe~m~ California - COUNCIL MINUTES - FEBRUARY 7~ 1995 - 5~00 P.M.
ORDINANCE NO. 5479: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS
18.01.230, 18.01.210, 18.61.020, 18.61.050, 18.63.020, 18.63.028 AND
18.63.050, OF CHAPTERS 18.01, 18.61 AND 18.63 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING OF TOWING SERVICES, VEHICLE IMPOUNDS AND
STORAGE YARDS.
ORDINANCE NO. 5480: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO
REZONE PROPERTY UNDER RECLASSIFICATION NO. 93-94-11 LOCATED AT 423 NORTH
ANAHEIM BOULEVARD FROM THE CG AND PD-C ZONES TO THE CL ZONE.
C1. 173: DISCUSSION - ACTION PLAN - SAN BERNARDINO SUBDIVISION NORTHFIELD
AVENUE COMMUNITY SAFETY/SOUNDWALL REQUEST:
Discussion requested by Mayor Daly at the Council meeting of January 10, 1995.
Submitted was four-page report dated January 31, 1995 - Update on Action Plan
for San Bernardino Subdivision Northfield Avenue Community Safety/Soundwall
Request from the Department of Public Works with Exhibits I through IV. The
recommendation is to prepare a resolution requesting the Orange County
Transportation Authority (OCTA) to encourage the California Transportation
Commission to (1) develop guidelines for soundwall installations along
railroads similar to those developed for highways and, (2) endorse a new state
proposition bond measure to allocate funds for safety soundwalls.
Mayor Daly asked the City Clerk if she had been in contact with any of the
members of the Northfield Avenue group.
City Clerk Sohl. She wrote to Karen Winkle that the item was to be on today's
agenda, this as a result of Mrs. Winkle's letter dated December 16, 1994 and a
subsequent request by the Mayor that the matter be placed on the agenda. She
has not heard from Mrs. Winkle since then.
John Lower, Traffic and Transportation Manager. Last Thursday, he mailed a
copy of the staff report to Mrs. Winkle and called her to let her know the
report was coming. She also asked that it be faxed and he did so. He has not
heard anything further from Mrs. Winkle.
Mayor Daly. The written report serves as an update as to what has been
happening on the issue in the last few months. Relative to seeking State
funding for soundwall installations along railroad tracks, if such funding
does not happen now, he believes it will eventually happen because
commuter-railroad traffic is increasing in California. People who live along
these lines deserve the same mitigation as those on freeways especially as
traffic has increased. Ne is willing to support the staff recommendation but
first asked if there were representatives of the Northfield Avenue area to
speak on the issue this evening.
No one came forward.
Council Member Zemel. He asked if there has ever been a soundwall next to a
railroad in Anaheim funded with Redevelopment funds.
Gary Johnson, Director of Public Works/City Engineer. He believes the one
adjacent to the public park and day care center off Broadway and Atchison
Street was constructed with Redevelopment funds. It was more of a wall to
keep children within the area than a soundwall, but it does serve that
purpose.
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City Hall, Hn-heim, California - COUNCIL MINUTES - FEBRUARY 7, 1995 - 5:00 P.M.
Mayor Daly. The one difference is that the downtown soundwall is right in the
middle of a redevelopment project area whereas Northfield is not.
Council Member Zemel. He understands, but it is not a completely satisfactory
answer for the Northfield residents. He asked if the answer to the Northfield
people is that it cannot be done strictly because of geographics and, if so,
why can't it be a redevelopment area.
Gary Johnson. He would be more than happy to speak to Lisa Stipkovich,
Executive Director of Community Development to get some background on the
nature of the project and design thoughts on construction of a wall and report
back.
Council Member Zemel. He would like an answer on that. Secondly, relative to
staff's recommendations, he does not have a problem with the first part, but
does with the second and could not support endorsing a new state proposition
bond measure to allocate funds for safety soundwalls. He reiterated he could
support the first part of the recommendation.
Mayor Daly. He agrees. The second item probably needs more discussion and
they need to understand the ramifications of that recommendation.
MOTION: Mayor Daly moved to approve the staff recommendation in report dated
January 31, 1995 directing the City Attorney to prepare a resolution
requesting the Orange County Transportation Authority to encourage the
California Transportation Commission to develop guidelines for soundwall
installation along railroads similar to those developed for highways, but not
act on part two of the recommendation at this time. Council Member Zemel
seconded the motion. MOTION CARRIED.
Council Member Zemel. He did have scheduled with Kristine Thalman,
Intergovernmental Relations Officers, a meeting with the Northfield Avenue
residents who were advised by their counsel not to keep the appointment. He
would like to have some direction or consensus from the Council if he should
continue trying to set up that appointment to determine why their legal
counsel recommended they not meet with Mrs. Thalman and himself.
Mayor Daly asked if there was correspondence to the City to that effect.
Council Member Zemel. There was a phone message cancelling the appointment
because their legal counsel advised them not to keep the appointment.
Mayor Daly. The City Attorney should be put in the loop on that situation so
that he is aware of what is happening.
City Clerk Sohl. She will write to Mrs. Winkle on behalf of the Council and
report to her what action has taken place this evening.
C2. 114: COUNCIL COMMENTS - VACANCY - PLANNING COMMISSION:
Council Member Zemel asked the process for filling the vacancy on the Planning
Commission.
City Clerk Sohl. She has received a letter of resignation from now Council
Member Tom Tait resigning his seat on the City Planning Commission. The
resignation will be on next week's Council Agenda for the Council to formally
accept and subsequently she will post the vacancy on the Planning Commission.
She has also already received a couple of applications from the public and
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C£tv Hall. Anahe£m. California - COUNCIL MINUTES - FEBRUARY 7, 1995 - 5~00 P.M.
once the required ten day posting period is over, the Planning Commission
vacancy will be placed on the Council Agenda at which time she will also
submit all of the names/applications of those who have expressed an interest
in filling that seat.
PROPOSAL FOR INVESTMENT REVIEW COMMITTEE:
Council Member Zemel. As a piggy back to the proposal he submitted last week,
he would like to agendize for Council discussion the creation of an Investment
Review Commission incorporating not only reviewing the City's investments and
advising the Council, but also that same commission would annually review the
investment policy. Instead of a commission just with community members at
large, that there be some real standards for appointment to this commission -
that standards be set where there is CPA quality and financial people
involved. In today's agenda packet, they reviewed the December 30, 1994
investment report. It is a little late to do anything about that. Me feels
it would be a wise idea if the Council was able to rely on a separate body and
he would like to set the matter for discussion.
Mayor Daly. It is a good idea. He has talked to some Council Members and
City Manager Ruth about the matter. At this time, they have an in-house
investment review group consisting entirely of staff people. At a minimum, he
feels they should think about expanding that committee to include some of the
existing members of the Budget Advisory Commission and beyond that maybe
asking qualified citizens to help serve either on the Committee or a newly
created committee. The Chief Investment Officer for CalFed Bank is an Anaheim
resident and he has offered to serve in a voluntary capacity to help review
the City's investment policies. That is an example of the type of citizen who
is available. He feels there should be some type of a mixture of those active
on other commissions dealing with the City budget, additional citizens and
qualified staff as well.
Council Member Zemel. A real success story to possibly follow is the Tustin
Budget Commission. They are not only charged with budget review duties, but
also with renewing investments. They were the Commission who first spotted a
problem and advised their City to pull out of the County pool. Anaheim might
look at that commission.
City Manager Ruth. It is part of the study being done presently. The City
Treasurer has looked at that and has recommendations for Council
consideration. He is not certain it will be on next week's agenda. They will
try to tie it in with the consultant's recommendations. The Treasurer has
revised the committee she had, activated them, and also has incorporated some
additional people she would like to recommend to the Council.
Council Member Zemel. He asked if the Council will discuss it next week or
will the matter have to wait.
Mayor Daly. If Council Member Zemel would like to have the matter placed on
the agenda, he asked that it be placed on next week's agenda and title it
Proposal for Investment Review Commission.
SUMMARY OF PROGRAMS OFFERED SMALL BUSINESSES IN ANAHEIM:
Mayor Daly. He referred to the very complimentary story published recently in
the business section of the Orange County Register about Anaheim's support in
helping businesses to expand and the cooperative atmosphere these businesses
experienced in Anaheim. The one "dark light" in the story which he believes
was an error, one small business person was quoted as saying that there are no
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City Hallr Anaheim, California - COUNCIL MINUTES - FEBRUARY 7, 1995 - 5~00 P.M.
programs whatsoever to assist small business owners in the City. He asked
staff to compile a list of the programs which Anaheim offers to small
businesses which perhaps could be forwarded to the Chamber of Commerce so that
the individual could be made aware of those programs.
City Manager Ruth. He agreed noting that Anaheim has numerous programs for
small businesses.
Mayor Daly. He would like to see a "thumb-nail" summary of the programs that
exist for small businesses and if there are shortcomings or gaps, that
appropriate steps be taken to correct those. They need to make sure there are
adequate small business assistance programs.
POLICY DECISION - EXTENT OF FINANCIAL SUPPORT OF COMMUNITY ACTIVITIES:
Mayor Daly. In response to questions of Council Members on the ongoing City
support of Cinco de Mayo, the July 4th celebration in Anaheim Hills as well as
the new Fall Heritage Festival that is being proposed, Chris Jarvi sent the
Council a memo on what type of policy decision the Council might want to be
making with regard to such activities. He would like the City Manager to
place that issue on the agenda. The memo is suggesting basically the same
approach to each of these community special events in terms of financial
assistance. He will leave it up to the City Manager how he wants to bring the
matter to the agenda. It is important that they take action and he feels the
way Mr. Jarvi laid it out makes sense.
City Manager Ruth. He agrees and will bring that forward to the Council.
Staff's recommendation is $5,000 for each of the organizations with some
requirements for reporting and oversight to assure accountability under a very
simple contract.
Mayor Daly. When he brings it back to the Council as a policy item, the
Council can fine tune it at that time.
C3. 112: REPORT ON CLOSED SESSION ACTIONS:
City Attorney White reported that the Council approved a legal services
agreement with the firm of Ross & Scott - re: Carmel Valley Fire Protection
vs. State of California to recover City's costs for State mandated protective
fire clothing and equipment and waiving any potential conflicts of interest.
The vote was 5 - 0.
ADJOURNMENT: By general Council consent the City Council meeting of
February 7, 1995 was adjourned. (7:15 p.m.)
LEONORA N. SOHL, CITY CLERK
77