1996/01/09CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES
JANUARY 9, 1996
PRESENT:
PRESENT:
ABSENT:
PRESENT:
The City Council of the City of Anaheim met in regular session.
MAYOR: Daly
COUNCIL MEMBERS: Tom Tait, Bob Zemel, Frank Feldhaus, Lou Lopez
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY CLERK: Ann M. Sauvageau
UTILITIES GENERAL MANAGER: Edward Aghjayan
CIVIL ENGINEER-DEVELOPMENT SERVICES: Natalie Meeks
DEPUTY CITY ENGINEER: Russell Maguire
CITY TREASURER: Charlene Jung
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
PLANNING DIRECTOR: Joel Fick
CODE ENFORCEMENT MANAGER: John Poole
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:25 p.m. on
January 5, 1996 at the Civic Center kiosk, containing all items as shown herein.
Mayor Daly called the meeting to order at 3:14 p.m..
The Workshop portion on the Electric Industry Restructuring Update was cancelled to be rescheduled at a
later date.
REQUEST FOR CLOSED SESSION:
City Attorney White requested a closed session noting that there were two items to be added to the Closed
Session Agenda which arose alter the posting of the agenda and which need to be acted upon before the
next meeting on January 23, 1996. The first deals with Real Property Negotiations (see Item No. 7 below)
and the second with Personnel Matters, i.e., the City Manager's Annual Performance Review (see Item No.
8 below) relative to goals and objectives relating to projects which will occur between now and the next
Council meeting.
MOTION. Mayor Daly moved to waive the 72-hr. posting provisions of the Brown Act and adding Items 7.
and 8. to the Closed Session Agenda Items since the need to act arose after the posting of the Council
agenda. Council Member Lopez seconded the motion. MOTION CARRIED.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
CiTY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES JANUARY 9~ 1996
The following items are to be considered at the Closed Session:
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION:
Name of case: In re: County of Orange, Debtor, U.S. Bankruptcy Court, Central District Case No.
SA 94-22272.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION
Name of Case: Arciniega vs. City of Anaheim, et al., Orange County Supedor Court Case No. 74-
41-29.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION
Name of Case: Xeno's vs. City of Anaheim, Orange County Superior Court Case No. 73-32-65
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: Dave Hill
Employee organization: IBEW Local 47.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: Juliette Low School
Negotiating parties: City of Anaheim, Magnolia School Distdct
Under negotiation: Price and terms
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pumuant to subdivision (c) of Section 54956:
one potential case.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
PropeR: Anaheim Stadium, 2000 Gene Autry Way
Negotiating par'des: City of Anaheim, Golden West Baseball
CONTINUED DISCUSSION ON THE CITY MANAGER'S ANNUAL
PERFORMANCE REVIEW: Need to discuss goals and objectives prior to next Council Meeting
relating to projects which will occur during that time.
RECESS: Mayor Daly moved to recess into Closed Session. Council Member Feldhaus seconded the
motion. MOTION CARRIED. (3:15 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. (5:30 p.m.).
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JANUARY 9~ 1996
INVOCATION:
Pastor Bryan Crow, Garden Chumh, gave the invocation.
FLAG SALUTE:
Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag.
119: PRESENTATION - TARGET STORES DONATION TO THE ANAHEIM COMMUNITY
FOUNDATION: Presentation of a check from Target Stores to the Anaheim Community Foundation
supporting the Anaheim Therapeutic Recreation Musical Troupe and Senior Citizen Performing Groups.
Mr. Michael Stein, representative of Target Stores, presented to Jackie Terrell of the Anaheim Community
Foundation two checks, one in the amount of $3,500 to support the Therapeutic Recreation Troupe and
one for $6,000 to support the Senior Citizen Groups. He noted that Target Stores contributes 5% of their
taxable income to support non-profit organizations.
Jackie Terrell, Anaheim Community Foundation accepted the checks and expressed the Foundation's deep
appreciation for the generous funds to help support the two groups. She elaborated on what the groups do
and their importance to the Anaheim Community.
Mayor Daly and Council Members thanked Mr. Stein and Target Stores for their very generous contributions
and also thanked Mrs. Terrell for her long-standing and tireless efforts on behalf of the Anaheim
Community Foundation and for bringing everyone together this evening.
119: PROCLAMATIONS - RECOGNIZING THE 1995 STADIUM EMPLOYEE OF THE YEAR AND
CONVENTION CENTER EMPLOYEE OF THE YEAR: Mr. Greg Smith, General Manager of the Stadium
and Convention Center presented Employee of the Year at Anaheim Stadium, Jacque Keefe and
Employee of the Year at the Convention Center, Danny Youngker. Jacque is a Ticket Taker and Danny is
in Parking Lot Operations. Mr. Smith elaborated upon the roles that they carry out in their respective
positions and the reasons why they were chosen Employees of the Year at the facilities, most notably being
the service they give to patrons and their personification of "the Anaheim Way."
Mayor Daly and Council Members commended the employees who were presented with Proclamations.
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
Declaration recognizing CONCACAF (Confederation of North Central American and Carribean
Association of Football) on the occasion of the 1996 Gold Cup Soccer Tournament Championship.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,419,343.24 for the period
ending December 26, 1995, $2,799,440.12 for the period ending December 31,1995 and $2,883,540.29
for the period ending January 8, 1996, in accordance with the 1995-96 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority
meetings. (5:48 p.m.)
Mayor Daly reconvened the City Council meeting. (5:58 p.m.)
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JANUARY 9, 1996
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST: Michael Blanco, Chairperson, Central City Block Grant Program, 424 N.
Philadelphia, Anaheim. He referred to comments made by the Mayor in a recent newspaper article
regarding Block Grant Funds. He showed on a large sheet, the City Manager's proposed Block Grant
Budget and the funds that will ultimately be available for the Central City. He is present to emphasize that
Central City's main concern for 1996-97 is infrastructure.
Mayor Daly. They will be looking to the CDBG Citizens Advisory Committee to help target Block Grant
money to the best uso. Staffwill also be scheduling a workshop on the topic of neighborhood planning and
Council Member Lopez sewes as the Council liaison. This is an outgrowth of those conferences and public
workshops. All the items mentioned will be future items for discussion and consideration. The Council will
look fonvard to advice from the neighborhoods.
PUBLIC COMMENTS - AGENDA ITEMS:
Public input was received on Agenda 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 January 9, 1995. Council Member Zemel seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR:
On motion by Mayor Daly, seconded by Council Member Zemel, 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. 96R-1 through 96R-3, both inclusive,
for adoption and offered Ordinance No. 5549 for introduction. Refer to Resolution/Ordinance Book.
Al.
118: Rejecting and/or denying claims against the City.
The following claims were filed against the City and action taken as recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Fireman's Fund, Adohr Farms Insured for property damage sustained
purportedly due to actions of the City on or about June 14, 1995.
b. Claim submitted by Hanh Tran & Cindy Nguyen c/o Steven R. Lounsbury, Esq. for indemnity
arising purportedly due to actions of the City on or about February 10, 1995.
c. Claim submitted by Margaret T. Brown for pmperb/damage sustained purportedly due to
actions of the City on or about April 27, 1995.
d. Claim submitted by Jorge Nolasco c/o William E. Parker, Esq. for bodily injur~ sustained
purportedly due to actions of the City on or about August 16, 1995.
e. Claim submitted by Mary Ann Orlow for property damage sustained purportedly due to actions
of the Cib/on or about October 27, 1995.
f. Claim submitted by Christine & Johnathan Kutz for property damage sustained purportedly due
to actions of the City on or about July 26, 1995.
105: Receiving and filing minutes of the Senior Citizens Commission meeting held November 9,
1995.
CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES JANUARY 9~ 1996
105: Receiving and filing minutes of the Community Sewices Board meeting held November 9,
1995.
105: Receiving and filing minutes of the Community Redevelopment Commission meeting held
October 11, 1995.
156: Receiving and filing the Anaheim Police Department Crime Statistical Report for the month of
November, 1995.
173: Receiving and filing correspondence regarding Pacific Bell's proposed rate changes for ISDN
services as filed before the California Public Utilities Commission on December 5, 1995.
173: Receiving and filing correspondence regarding a Second Amended Notice of ApplicatJon for
Passenger Stage Authority (Application No. 95-10-021) as filed by PCSTC, INC., dba Pacific Coast
Sightseeing Tours, Inc., before the California Public Utilities Commission - to operate a scheduled
and on-call service as a passenger stage for the transportation of passengers and luggage
between Los Angeles International Airport and John Wayne Airport on the one hand and scheduled
and on-call locations in parts of Anaheim, Orange, Buena Park, Fullerton, Garden Grove and
Santa Aha on the other hand.
173: Receiving and filing correspondence filed before the Public Utilities Commission of the State
of California in the matter of the Application of Scrsamline Investments, Inc., dba Tour Coach
Transportation (Application No. 95-11-025) for a certificate of public convenience and necessity to
operate as a scheduled passenger state corporation between Los Angeles International Airport on
the one hand, and points in the Cities of Anaheim, Buena Park, Fullerton, Newport Beach, Orange
and Pasadena; and between John Wayne Airport on the one hand, and points in the CitJes of
Anaheim, Buena Park, Fullerton, Newport Beach and Orange (Protest of Buslink Corp.).
A3.
184: Ratifying the Ninth Proclamation of the Existence of a Local Emergency issued by the Director
of Emergency Sen~ices on January 2, 1996, concerning the Santiago Landslide and Pegasus
Landslide in the City of Anaheim, and taking no action to terminate the local emergency at this
time.
Council Member Feldhaus. He asked when the Council will receive the next progress report. He is
concerned that they go month after month without any report and continue to take no action.
Natalie Meeks, Civil Engineer, Public Works. Staff had a meeting last week with the Geotechnical Engineer
and their outside consultants to talk about the progress of the report. Some of the issues are very complex
and with pending litigation, they do not want to make mistakes on the report. It is being worked on, there is
progress and hopefully it may be next month although she does not want to make promises if they run into
something else.
City Attorney White. If Council would like a report, because of existing litigation, they can discuss that in
closed session. Ha can schedule that and have the Geotechnical Consultant and retained litigation counsel
available. He can do so at the next Council meeting or the one after that.
Mayor Daly. He asked that the City Attorney give the Council a progress report that contains any significant
recent activity; City Attorney White. He will be happy to do so.
A4.
152: RESOLUTION NO. 96R-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE CITY TREASURER TO SELL CERTAIN TYPES OF SECURITIES
ACQUIRED BY THE CITY OR ANY DEPARTMENT THEREOF, AND TO INVEST THE
PROCEEDS.
Council Member Feldhaus posed questions rolative to the proposal and asked if the Investment Committee
would need to approve and recommend this to the Council.
5
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JANUARY 9, 1996
Chadene Jung, City Treasurer. The proposed resolution authorizes the Treasurer to dispose of securities
acquired by the City in settlement of a debt and reinvest into legal investments per the Government Code.
In this case, the Investment Committee does not have to get involved. They are involved in investment of
surplus funds through the Investment Policy.
Further discussion followed at the conclusion of which, the Mayor stated if there were further follow-up
questions or concerns, meetings can be held and they can bring up the policy at any time. Perhaps the City
Treasurer, City Manager and members of staff could talk about the past experience with this type of issue.
He feels it is safe to say it is a rare situation.
A5.
170: Approving the Final Map and Subdivision Agreement for Tract No. 13926, located at the
southerly terminus of Londerry Lane, 230' south of Andover Drive. The developer is Southridge
Development, Rancho Santa Margarita.
A6.
158: Declaring City-owned property located on Paiais Road, west of Brookhurst Street (Lot 33 in
Tract 2274) to be surplus; and authorizing the Real Property Section to advertise for sealed bids for
sale of this properly per Sec. 1222 of the City Charter.
A7.
123: Authorizing District Agreement No. 12-205 with the State of California for construction of
Gene Autry Way on the I-5 Freeway widening project.
Council Member Feldhaus. He asked when they can anticipate the work to begin on Gene Autry Way.
Russ Maguire, Deputy City Engineer. At this time, the proposed bidding by the State will not be until late
1997 or early 1998 with construction in that area being complete in 1999 or early 2000.
123: Authorizing the First Amendment to Utility Agreement No. 12339 for the I-5 Freeway sewer
relocation, Segment A2.
A9.
114: Approving minutes of the Adjourned Regular meeting of November 14, 1995, held November
17, 1995; and regular meetings of the Anaheim City Council meeting held November 28, 1995,
December 5, 1995, and Adjourned Regular meeting of December 5, 1995.
Al0. 158: Adopting the following resolution for conveyance of land from City to the Redevelopment
Agency - Grimshaw Cottage.
RESOLUTION NO. 96R-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
GRANTING A CERTAIN DEED CONVEYING TO THE ANAHEIM REDEVELOPMENT AGENCY
CERTAIN REAL PROPERTY OR INTERESTS THEREIN
Lisa Sfipkovich, Executive Director of Community Development clarified for Council Member Feldhaus that
the owners of these homes, even though the property has a historic designation and is within a
Redevelopment Project Area, pay property taxes just as any other residential property once it is conveyed to
the private party.
All.
169: Awarding a contract to the lowest responsible bidder, Hillcrest Contracting, Inc., for East
Street - Street Improvements La Palma Avenue to North City Limits, in the amount of $158,118.70;
and in the event the iow bidder fails to comply with the terms of the award, awarding the contract to
the second Iow bidder, and waiving any irregularities in the bids of both the Iow and second Iow
bidders.
A12. 160: Accepting the bid of GEO Plastics in an amount not to exceed $48,400 for the purchase of
10,000 used oil recovery containers in accordance with Bid No. 5477.
A13.
160: Waiving the sealed bidding and advertising requirements of Council Policy 306 and
authorizing the Purchasing Agent to issue a Purchase Order to Bailey Controls Company in the
amount of $350,000 for the Utility Generation Operation Peaking Plant's Distributed Control System
Upgrade.
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JANUARY 9, 1996
A14.
160: Waiving the sealed bidding and advertising requirements of Council Policy 306 and
authorizing the Purchasing Agent to issue a Purchase Order to Olympus American, Inc., in the
amount of $58,179 for borescope equipment at the Utility Generation Operation Peaking Plant.
Lon Topaz, Integrated Resource Manager, Public Utilities Department explained for Council Member
Feldhaus the function of the Anaheim Peaking Plant as well as the benefit to the City.
A15. 128: Receiving and filing the Monthly Financial Analysis from the Director of Finance for the four
months ended October 31, 1995.
A16. 153: Adopting a resolution to authorize the addition of upgrade designation to the salary schedule
for the classifications of Power Resources Scheduler I and Power Resources Scheduler I1:
RESOLUTION NO. 96R-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING RESOLUTION NO. 92R-18 WHICH ESTABLISHED RATES OF COMPENSATION
FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL.
A17. 123: Authorizing an agreement with Gateway Medical Center to conduct annual firef'~hter medical
examinations for a period of eighteen months, beginning January 1, 1996.
A18. 123: Approving a second amendment to agreement with Taormina Industries, Inc. to haul tree
waste for purposes of recycling that waste.
A19.
123: Approving an amendment to the agreement with Y & M, Inc.,(the Spectrum Group), in an
amount not to exceed $337,844 including reimbursable expenses, for a Master Land Use Plan and
Master Environmental Impact Report for the 807-acre Stadium area.
123: Authorizing the transfer of ownership of retired Police canine "Brek" to his former trainer,
Patrick Beltz of Work Dogs International, and authorizing the City Manager to execute the Hold
Harmless Agreement and Release of Liability.
123: Authorizing staff to negotiate with SpectraNet International (SNI) to develop the necessary
agreement with SNI to be the Ciys partner in the development of a public-private
telecommunications network for the City of Anaheim.
See Staff Report dated January 9, 1996 from the Public U§lities General Manger recommending the
subject proposal with the final agreement(s) to be reviewed by the Telecommunications Policy Advisory
Committee (TPAC) and submitted to the Council for review and approval by mid 1996.
Public Comments on Item A21.: Mr. Floyd Farano, 2100 S. State College Blvd., Anaheim. He is present
representing the interests of AT&T Industrial Construction Se~ces (ICS), the purpose being first to
encourage the Council to vote affirmatively on this item and secondly to congratulate Mr. Renney Senn of
SNI for being the successful proposer. He (Farano) and his company have been involved with this issue for
a very long time. He complimented staff for having done an excellent job in a very complex undertaking. If
Anaheim is to be in the forefront and become the telecommunications center of the country, it behooves the
city to move the project along as quickly as possible; however, because of the "fragility" of the negotiations
and the possibility that SNI and ICS could fall out, their strong recommendation is that the City go forward
with contract negotiations and due diligence with both companies. The City would not be hurt but instead it
would be an advantage to the City and assure relative success. He reiterated, he is encouraging the
Council to vote in a favorable manner and, personally as a resident of Anaheim, he looks forward to the
project being completed. He had previously made a lengthy presentation to the TPAC in December and,
for the record, he would like to incorporate his remarks given before the committee into the record of this
meeting.
Paul McMillan, Chairman of the TPAC, 2638 W. Palais, Anaheim. The committee worked hard and
diligently for the last year analyzing, studying and evaluating all aspects of the project and proposals tinally
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JANUARY 9, 1996
coming to a point where they cannot go on any longer. He urged that they move forward with this exciting
and challenging project. He asked that the Council consider it carefully and give their approval to the
recommendation.
Mr. Renney Senn, President and CEO of SNI, 2307 Corrina Circle, Escondido. As the recipient of the
scrutiny of the City which has been formidable over a period of two years, he would like to recommend that
the City place their confidence in the Advisory Committee. SNI has spent two years and attended
approximately 200 meetings with City staff and the Advisory Committee verifying the validity of what they are
doing and going to whatever lengths staff has required to verify not only that the project is doable and viable
but will also be rewarding for the City. SNI has been able to garner the right team membem in Northern
Telecom end J. P. Morgan as partners to bring this before the Council as a realistic and achievable goal.
Mr. Farano feels that financing is fragile, but J.P. Morgan feels otherwise. The scrutiny that they and the
other competitors endured in this project has been so extensive that while frustrating and sometimes
maddening, has achieved its goal of forcing them to think through what has been a very challenging task
and to come up with answers that are sound in all aspects.
SNI is asking that the Council endorse the recommendation without going forward with two parties. There is
no way they are interested in spending 1.5 Million, which is what they project over the next six months, while
there is a possibility of someone else competing with them after the competition has long been over. He
would encourage the Council to understand the point of view they have to take before they can possibly
commit substantial resources for the next six months which will be formidable to answer the final questions
necessary. Nothing will change in terms of the credibility of either SNI or ICS AT&T and Bechtel. Bechtel
has chosen them to be the right company to proceed with even though it is a partner of ICS.
Mr. Ed Aghjayan, Public Utilities General Manager. He feels it would help to give an explanation of the
process they went through. At the Council Meeting of October 17, 1995, staff recommended that they
endorse the concept. Council did so and authorized staff to negotiate with SpectraNet and ICS and to
recommend one tirm by November 16 and also to undertake the due diligence process, Mr. Aghjayan then
gave a slide presentation and briefed the final review process in detail, the six areas that were evaluated
and the panel scores ranking, the panel being comprised of 25 different people. In concluding his
presentation, Mr. Aghjayan explained they have gone through a process that has been very clear from the
outset that they wanted to narrow it down to one. If they were to do two simultaneous processes, he feels it
would be very risky for beth parties because it is enormously time consuming. It would take four to six
months with one, but if two, nine months. They do not have the staff resources. The outline is in the staff
report. The recommendation is to only go with one Company. If after four or five months something
happens and this "blows up" with SNI, staffwould then be prepared to go back to ICS. They also have a
third party, ICG, who has offered a lease proposition which is attractive but not as attractive as the SNI and
ICS proposal.
Mayor Daly. This culminates the first phase of a long process. There will be many more agenda items to
be brought by staff on this subject.
139: Supporting SB900 - Water Resources and Delta Restoration Act of 1996 (Senator Costa) and
communicating that support to the Anaheim State Legislative delegation, and other appropriate
legislators.
A2.3. 148: Recommendation to approve the Orange County League of Cities Resolution to support the
formation of a Council of Governments for Orange County.
Council Member Zemel. He is proposing that the Council not support the formation of a Council of
Governments (COG). He feels it will result in another layer of govemment to have to go through without
any members elected by the people but who would be addressing items such as air quality, housing, etc.
Relative to funding, they would be tapping Federal and State grants to find ways to spend. For those
reasons and others, he is going to vote to oppose the League's resolution to support the formation of a
COG.
8
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JANUARY 9, 1996
Mayor Daly. C~ staff has reviewed the proposal and has recommended supporting the resolution. He
believes this proposal has some medt but it lacks sufficient detail. Council Member Zemel brought up a
good point. While as proposed it will have no direct authority or responsibitity and is really a glorified
discussion group comprised of officials from the 31 cities in Orange County, they cannot predict what some
of the proponents of the COG have in mind for the future. Some of the aspects need to be evaluated
further. One aspect that concerns him is the current powers of SCAG (Southern California Association of
Governments). It is a layer of government with substantial powers. Many of the cities in Orange County
including Anaheim are not dues-paying members, it is not clear with COG if it would diminish the powers of
SCAG. Anaheim would be better off planning its own future without SCAG. He is not sure COG deals with
that question.
Council Member Feldhaus. He agrees it is probably premature to pass any resolution. The Chairperson
spearheading this at the League made it clear during the presentation (see minutes of 12/19/95) that there
are a lot of unanswered questions but are looking to the concept to move forward.
Mayor Daly. He believes most of the people who are encouraging Anaheim to support the COG are very
well intentioned but he does not think there is enough detail at this point.
Council Member Tait. He agrees with the Mayor that this is somewhat of a glorified discussion group
amongst City officials and such a group already exists on an informal basis to address County issues. He is
concerned if they do formalize the proposal, that they may look back 10 years from now and ask
themselves if they have created a monster with more regulations. At this time, he does not see any need
for creating another agency when the trend is to downsize government. He feels it is necessary to send a
message.
MOTION. Council Member Tait moved to oppose the formation of a Council of Governments for Orange
County. Council Member Zemel seconded the motion. MOTION CARRIED.
Mayor Daly, Perhaps if more detail becomes available and more reassurance can be presented they can
reconsider the matter in the future.
A24. 160: Waiving the sealed bidding and advertising requirements of Council Policy 306, and
authorizing the Purchasing Agent to issue Purchase Orders to:
160: McDonnell Douglas in an amount notto exceed $875,799 for one (1) Model 520 helicopter;
and, (Council Member Tait abstained on this portion.)
160: AJrComm Systems in an amount not to exceed $107,811.83 for associated avionics and
installation costs.
000: ORDINANCE NO. 5549 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING ORDINANCE NO. 5496, NUNC PRO TUNC, RELATING TO ESTABLISHING A FIRE
PROTECTION FACILITIES AND PARA-MEDIC SERVICES IMPACT FEE FOR NEW AND
EXPANDED DEVELOPMENT IN THE ANAHEIM RESORT. (To correct error in Chapter No. of
prior Ordinance; no substantive changes,)
Roll Call Vote on Resolution Nos. 96R-1 through 96R-3, both inclusive, for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 96R-1 through 96R-3, beth inclusive, duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
9
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JANUARY 9, 1996
B1.
REQUEST FOR REHEARING:
179: CONDmONAL USE PERMIT NO. 284 CATEGORICALLY EXEMPT. CI~ASS 21:
OWNER: GOCK WOEY JUNG, 433 South vicki Lane, Anaheim, CA 92804
EL PARAISO RESTAURANT, Attn: Eva Fragose, 420 South Brookhurst Street, Anaheim, CA
92804
INITIATED BY: City-Initiated (Code Enforcement Division) 100 South Anaheim Boulevard,
Anaheim, CA 92805
LOCATION: 420 South Brookhurst Street. Property is approximately 0.50 acres located on the
east side of Brookhurst Street and approximately 619 feet north of the centerline of Orange
Avenue. (El Paraiso Restaurant).
City-initiated request to consider revoking or modifying Conditional Use Permit No. 284 (to
establish a restaurant and cocktail lounge) pumuant to Zoning Cede Section 18.03.091 of the
Anaheim Municipal Cede.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 284 Terminated (PC95-93) (5 yes votes, 1 no vote, and 1 abstained).
Informational item at the meeting of August 22, 1995, Item B3.
Letter of appeal submitted by Ralph B. Saltsman, Solomon, Saltsman & Jamieson, on behalf of the
owner, El Paraiso Restaurant,
At the meeting of September 12, 1995, item B15, The City Council considered the appeal of CUP
NO. 284, and referred the matter to a hearing officer. That hearing was held on October 11, 1995,
by Hearing Officer Victor J. Kaleta.
At the meeting of November 28, 1995, Item A16, the Cib/Council adopted the Findings of Fact
submitted by the Hearing Officer, denying the appeal and revoking Conditional Use Permit No. 284;
and Council adopted Resolution No. 95R-193 terminating CUP NO. 284.
A request for rehearing has been submitted by Ralph B. Saitsman on behalf of El Paraiso
Restaurant.
City Clerk Sohl reported that a request for raheadng was submitted by Ralph B. Saltsman on behalf of El
Paraiso. The fax'd letter is requesting a continuance to January 23, 1996. There is an additional request by
John Poole, the City's Cede Enforcement Manager, that he will not be able to be present on January 23
and, therefore, would like the matter continued to February 6, 1996. She contacted Mr. Saltsman and his
calendar is clear on that date (2-6-96).
Cit7 Attorney White. He recommends a continuation of both Item BI. and C1. (Pool Room Permit for Bob's
Family Billiards) at the request of legal counsel to February 6, 1996. Customarily when the attorneY for the
proponent cannot be present, one conlinuance is granted. Because the date they requested is
inconvenient from staff's standpoint, continuing it an additional two weeks would be the best policy. The
City does not lose anything by doing this. His concern is to provide due process to the applicant.
City Clerk Sohl. She believes there is a person present on C1. who is the applicant who has agreed to the
continuance. Mr. Saltsman is the Attorney on this item as well.
MOTION. Council Member Zemel moved to continue the Request for Rehearing to Tuesday, February 6,
1996. Council Member Lopez seconded the motion. MOTION CARRIED.
MOTION. Council Member Zemel also moved to continue Item Cl. the Pool Room Permit Application for
Bob's Family Billiards to Tuesday, February 6, 1996.
Before further action was taken, Mayor Daly asked if El Paraiso is closed down at this time or if it remains
open until the procedure is completed.
10
CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES JANUARY 9~ 1996
City Attomey White. The procedure is not completed until a reheating is granted or denied. He then
deferred to Cede Enforcement.
John Poole, Cede Enforcement Manager. The business has been randomly open and usually not until
9:00 p.m. Code Enforcement has not inspected the business in the last week or so, On the Pool Room
Application (C1.), the owner died 7 years ago and the City was not aware of that. When it was brought to
the attention of Code Enforcement, they subsequently contacted the peopta operating the business. The
deceased person's wife then made application and the business is currently being operated. They have
requested a one-week continuance but he (Poole) will not be present and the nearest available date is
February 6, 1996 which will be the next Council Meeting after January 23, 1996.
Mayor Daly seconded the motion to continue Item C1. to February 6, 1996. MOTION CARRIED.
ITEM B2 FROM THE PLANNING COMMISSION MEETING OF JANUARY 8~ 1996
INFORMATION ONLY - APPEAL PERIOD ENDS JANUARY 18. 1996
B2.
170: FINAL SITE PLAN FOR VESTING TENTATIVE TRACT MAP NO. 15073
ENVIRONMENTAL IMPACT REPORT NO. 281:
OWNER: SHEA HOMES, 655 Brea Canyon Rd., Walnut, CA 91789
LOCATION: VestinR Tentative Tract Map No. 15073 within Development Area 203 of The Summit
of Anaheim Hills Specific Plan (SP88-2). Property is approximately 8.16 acres located on the north
side of Running Springs Road and approximately 480 feet east of the centerline of Sedona Avenue.
Pe0fioner requests review and approval of a final site plan for Vesting Tentative Tract Map No.
15073 in order to establish a 8.16 acre, 36-1ot single-family subdivision including 35 residential lots
and one open space lot.
ACTION TAKEN BY THE PLANNING COMMISSION:
Final Site Plan for Vesting Tentative Tract Map No. 15073 APPROVED (6 yes votes, 1 abstained).
EIR NO. 281 previously approved.
No Action was taken by City Council on Item B2.
Cl.
107: POOL ROOM PERMIT APPLICATION - BOB'S FAMILY BILLIARDS:
REQUESTED BY: MARY LYNN MARINEZ, 119 Chinook Road, #B, Randle, WA 98377
LOCATION: 3015 West Ball Road. Anaheim. CA 92804
BOB'$ FAMILY BILLIARDS:
Pe~oner requests a permit to operate 14 billiard tables 3015 West Ball Road in Anaheim.
See discussion under item B1. There was a mot]on by Council Member Zemel seconded by Mayor Daly
continuing this item until Tuesday, February 6, 1996 at the request of the applicant.
13.
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JANUARY 9~ 1996
D1.
179: CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 94-954)9
CONDITIONAL USE PERMIT NO. 3776 AND NEGATIVE DECLARATION:
OWNER: DONALD A. MILLER, C/O Glenn Hellyer, 1225 W. Uncoln Avenue, Anaheim, CA 92805
AGENT: GLENN HELLYER, 1225 W. Lincoln Avenue, Anaheim, CA 92805
LOCATION: 301 S. Anaheim Boulevard. Property is approximately 0,87 acre located at the
southwest corner of Anaheim Boulevard and Broadway.
For a change in zone from the CG (Commercial, General) Zone to the CL (Commercial, Limited)
or a less intense zone.
To permit a 3,075-square foot drive-through restaurant with an outdoor patio area.
ACTION TAKEN BY THE PLANNING COMMISSION:
RECLASSIFICATION NO. 94-95-09 GRANTED, UNCONDITIONALLY (PC95-130) (7 yes votes).
CUP NO. 3776 GRANTED (PC95-131).
Approved Negative Declaration.
HEARING SET ON: A review of the Planning Commission's decision requested by Council Members
Lopez and Tait at the meeting of November 7, 1995.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - November 23, 1995.
Mailing to property owners within 300 feet - November 17, 1995.
Posting of property - November 22, 1995.
See staff report to the Planning Commission dated July 10, 1995.
The subject Public Hearing was held on December 5, 1995 (see minutes that date) and subsequently
continued to this date.
Mayor Daly asked to hear from the applicant.
Mr. Edmund L. Miller, 1544 Rushing Brook Drive, LaJolla. He and his brother and wife are owners of the
properb/. He then gave his professional background and in concluding noted that while his career has been
in San Diego, his family and his roots have been in Anaheim. He also relayed the extensive history of his
family in Anaheim and what they had contributed including the fact that his grandfather was Mayor of
Anaheim during the Depression. The property and the connection with Anaheim and their past history is
very close. He subsequently relayed the last 60-year history of the property and that for the past six years,
they have attempted to cooperate with the City in developing the property and have spent substantial funds
not only for clean up, but also for legal fees having to do with the negotiation that took place. He also
briefed his meetings with staff. He emphasized it is time now for the City to give some thought to assisting
them in solving the problem since they have attempted over this long period to show their good faith and
their interest in doing something with what he considers a critical piece of property to the downtown area.
His understanding is that there is little demand for the sitdown restaurant the City would like to see. Mr.
Hellyer and Courtney, the people who represent them, have worked diligently to bring about a project not
only beneficial to them, but also something positive for the City as well. He is urging that they try to work
something out and solve the matter within the forseeable future.
Mayor Daly. At the last meeting (see minutes of 12/5/95), they asked staff to discuss the matter with the
applicant's representatives. The property is now in a Redevelopment area which creates opportunities for
the types of things the applicant would like to do. He asked to hear from staff.
Joel Fick, Planning Director. Meetings have taken place since the 12/5/95 meeting. In summary,
Redevelopment offered to discuss potential financial assistance provided it was demonstrated to be
warranted by the restaurant and that the price of the land was appropriate.
Lisa Stipkovich, Executive Director of Community Development. Richard Bruckner has been working on
this matter with the representatives of the owner. The key is that the use be what the Agency is looking for
and not subsidizing something they are not encouraging. They talked about what the Agency Members
12
CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES JANUARY 9~ 1996
would prefer to see on that property, i.e. a sitdown type restaurant that serves breakfast, lunch and dinner
moderately priced and subsequently what the Agency would then do to assist financially, but not subsidizing
more than market value. What is important is that the land use and economics make sense. They would
review the proforma of the restaurant and the land price to see if there is a gap and if there is, they would try
to fill that gap whether a land write-down or other assistance.
Council Member Lopez. They are t~ing to rebuild the downtown area and do want to work with the
applicant. He noted that Norms is going to be displaced and feels this is a good location for the restaurant.
There is a need for such a restaurant in the downtown area especially for seniors. He and Council Member
Feldhaus have made it a project for themselves trying to meet the needs of senior citizens. He is urging
staffto revisit the possibility that Norms would relocate to the subject location.
Lisa Stipkovich. Mr. Bruckner again had a conversation with a representative of Norms today and the
person from Norms stated even at a zero cost, it is not a site he would go to, the major issue being with a
24-hr. a day operation, they rely on drive-by traffic which would not be afforded to Norms at the subject
location. If there are other restaurants similar to Norms, they are not 24-hr. operations and do not need as
much drive by, that would be a possibility. They are prepared to meet with Norms again.
Council Member Zemel. He does not want Mr. Miller to think the Council is going to dictate what he should
put on his private property, He then recounted the number of restaurants in the downtown Redevelopment
area where assistance was given by the Agency and those restaurants are no longer in business. He
cannot imagine after five failures why they would even consider doing this. The applicant's agent said he
was not asking for assistance. Perhaps Mr. Hellyer would like to address a few of those issues.
Glen Hellyer, 1225 W. Lincoln Avenue, Anaheim. They brought the project to the City after they tried to
achieve the highest and best use of the property. The actions that are allowed by right are not necessarily
in keeping with the spirit of downtown Redevelopment. The restaurant industry is aware of the failed
restaurants and, absent the vibrancy-theatre, night life, etc., restaurants are reluctant to locate in
downtown. In discussions with staff, they talked about a 3,000 square foot restaurant and to assure its
viability, a drive-through window positioned atthe back of the restaurant not visible by traffic or from the
corner. They agreed to conditions that it go back to Redevelopment and Planning for approval. He
referred to the memo submitted by Planning Staff dated January 2, 1996 which the Council should have
received in their packets (see memorandum dated 1F'Z/96 from the Community Development/Planniog
Department - re: CUP 3776 - made a part of the record) which offered other options and additional
conditions if Council chooses to approve the proposal. He briefed the report. In concluding, he stated they
would continue to work to get another user - without a drive through. What will assist if Council wants to
support a downtown, sitdown restaurant, it may be requisite to offer the drive through as an incentive. They
need assistance on this item to give them a little something to offer, without using the City's money, while
giving the opportunity for an operator to come in and develop a restaurant and to be successful.
Council Member Feldhaus asked if he had been contacted by a Mr. Keriakos with respect to a sitdown
restaurant. He was interested in the property a year or so ago but was told he could not have a restaurant
there. He is still interested and he (Feldhaus) told him to contact Mr. Hellyer.
Mr. Hellyer stated he had not been contacted. He then commented that he feels the staff report is
misleading because they are trying to craft a project that is actually an anomaly. There is not a replica of
the design anywhere. They have tried to blend a sitdown restaurant with a drive through. It is not intended
to be fast fond per se but intended to attract the demographics or the lower price point.
There being no further persons who wished to speak and no additional comments to be added by the
applicant/owner, Mayor Daly closed the Public Hearing.
Mayor Daly. He has discussed with representatives of the applicant the notion of trying to find a solution
that is acceptable to as many people as possible. If they keep trying to bring value downtown and are
creative, it will happen. He is suggesting a continuance of this matter once again for 30 days so they can
continue to apply their creative thinking to ways and means they might be able to assist the property owner.
Norms will not be in its current location and the Agency is currently in negotiations with Chapman Law
13
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JANUARY 9, 1996
School. Thirt~ days from now may bring a change. In the meantime, the applicant can contJnue to market
the site.
MOTION. Mayor Daly moved to continue the Public Hearing for another 30 days. Council Member Zemel
seconded the motion.
Before e vote was taken, Council Member Zemel asked the applicant to respond end if it is satisfactory,
indicate he is not opposed to the continuance.
Glen Hellyer. They always appreciate the opportunity to work with staff but would suggest in the
deliberations over the next month in the absence of any kind of incentive for a sitdown restaurant, they are
going to get more of the same. They would like to work with staff and the Council to explore what is the
highest and best use. The continuance is acceptable.
Council Member Zemel. If the Council gave their approval tonight, he asked Mr. Hellyer if he would be
willing to continue the approval with this project with no assistance from the City or the Redevelopment
Agency. If so, then he feels they would have a true market situation where he could support the drive-
through concept. However, if it is a situation taking one step at a time, getting approval on a project and
then going to Redevelopment for a loan, they are talking about just building up the value of the propertY/as
opposed to letting fair market value take place. If a fair market deal, he is willing to support the project as
presented.
Glen Hellyer. He feels they are selling the site short if they agree to that. It should be an either/or situation
trying to "raise the pool" in trying to get a sitdown and if they can do so, it is a win/win situation without a
drive through. If they wanted to approve this and if it is a drive-through component, there would be no
assistance. He could live with that. That makes good sense.
Council Member Zemel. He confirmed for the Mayor that he is willing to support the application with the
condition that the drive-through operator with a 3,000 square foot restaurant not seek assistance from any
City agency but if it was a different project, that would be open for consideration.
There was no consensus for the recommendation.
A vote was then taken on the motion for a 30-day continuance. MOTION CARRIED.
D2~
179: RECLASSIFICATION NO. 95-96-01 AND NEGATIVE DECLARATION:
OWNER: JAMES E. and ADRIANNE M. JONES, 9870 Cinch Ring Lane, Alta Loma, CA 91737
AGENT: GARY MASClEL, P.O. Box 4241, Anaheim, CA 92801
LOCATION: 423 and 427 South Lemon Street. Property is approximately 0.14 acre located on
the west side of Lemon Street and located approximately 50 feet north of the centerline of Santa
Ant Street.
PelJfioner requests a change in zone from the CG zone to the RM-1200 or a less intensive zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
RECLASSIFICATION NO. 95-96-01 GRANTED, UNCONDITIONALLY (PC95-118) (6 yes votes,
I absent).
Approved Negative Declaration.
HEARING SET ON: Council failed to introduce the rezoning ordinance and, therefore, pursuant to
provisions of the Anaheim Municipal Cede a public hearing is required for the Council to make a final
determination.
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CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JANUARY 9, 1996
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - December 28, 1995.
Mailing to proper~ owners within 300 feet - December 20, 1995.
Posting of property - December 22, 1995.
STAFF INPUT:
See staff report from the Planning Department to the City Manager/City Council dated January 2, 1996.
City Attorney White. Giving the legal perspective, he explained that the Planning Commission initially
approved the reclassification of the zoning request. This matter was then on the Council agenda 22 days
later. No appeal was filed and there was no request bythe Council to set the matter for a hearing.
Subsequently, the ordinance was advertised for Council consideration to accomplish rezoning at which time
the Council failed to introduce the ordinance. By operation of law, under the Anaheim Municipal Code,
failure to do so constituted an automatic appeal of the original approval of the reclassification. It is now
before the Council in the same manner as if it had been an appeal of the original Planning Commission
decision. Tonight is a Public Hearing on the entire request.
Joel Fick, Planning Director. He briefed the three-page staff report to the City Manager/City Council dated
January 2, 1996 recommending approval of Reclassification 95-96-01 rezoning the subject property from
the CG to the RM1200 zone and to introduce an ordinance reclassifying the subject property from the CG
to the RM1200. He also explained for the Mayor the thinking of staff and the Planning Commission
approving the RM1200 vs. a less dense zone. In the subject block bounded by Santa Ana, Lemon,
Clementine and Elm Streets, the zoning is either RM1200 or PDC which is a very old downtown zoning. It
was strictly for compatibility with the General Plan and the adjacency of the zoning.
Council Member Feldhaus. Doing any kind of zone changing in this area, he would still favor the RM2400
zone. It will not affect what they can put on the property but if they began to assemble parcels, the RM1200
allows 36 units to the acre and with RM2400, hopefully a condominium standard.
Council Member Lopez. He agrees. If there is going to be a change, it should be to RM2400.
Applicant's Statement: Gary Masciel, Agent for the applicant. The owner of the property has requested
rezoning to a compatible zoning in the area in order to be able to sell the properb/and to be able to get
financing. He does not see a problem with the lower density designation but he feels it is a form of spot
zoning doing so. This property will be the only one zoned RM2400 where surrounding properties are
RM1200. it is giving the wrong message to the property owners in the area with RM1200 zoning in
conformance with the General Plan. The owner is not looking to tear down and reconstruct and if they did
so, it would require development constraints such that there would probably be no way of getting even three
units on the property.
Joel Fick, Planning Director. With the medium density designation, while the typical implementation is
RM1200, RM2400 would not cause an incompatibility but he would say the RM1200 is more typical
Additional discussion followed between Council Members, staff and Mr. Masciel regarding the property and
the implications of rezoning the property to either RM1200 or RM2400 at the conclusion of which, Mr.
Masciel confirmed that he does not believe there will be any problem in accepting the RM2.400 zoning. His
concern was relative to incompatibility with surrounding zoning. If the aiternatNe is to accept RM2400, he
feels they can live with that. RM2400 would be acceptable.
Mayor Daly asked if anyone else wished to speak; there being no response, the Public Hearing was closed.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION PREVIOUSLY APPROVED: On
motion by Council Member Zemel, seconded by Council Member Daly, the City Council approved the
negative declaration upon finding that it has considered the negative declaration together with any
comments received dudng the public review process, and further finding on the basis of the initial study and
15
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JANUARY 9, 1996
any comments received that there is no substantial evidence that the project will have a significant effect on
the environment. MOTION CARRIED.
Council Member Zemel offered ResoluUon No. 96R-4 for adoption. Refer to Resolution Book.
RESOLUTION NO. 96R-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF
CERTAIN ZONES SHOULD BE CHANGE. APPROVING RECLASSIFICATION NO. 95-96-01
Roll Call Vote on Resolution No. 96R-4 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 96R-4 duly passed and adopted.
Council Member Zemel offered Ordinance No. 5550 for first reading.
ORDINANCE NO. 5550 (INTRODUCTION) AN ORDINANCE OF THE CITY ANAHEIM
AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING (RECLASSIFICATION NO. 95-96-01).
C2. 156: RECOMMENDATION - INS LIAISON COMMITTEE - POLICE SURVEY: Recommendation
from the INS Uaison Committee that the Police Chief's survey be placed in the public record. This
was agendized by Council Member Zemel as requested on December 19, 1995.
Council Member Zemel. He referred to the report from the Chief of Police, Randall Gaston dated
December 13, 1995 - Subject: Immigration and Naturalization Arrestee Sunrsy which reported on the
results of a two-month study questioning all arrestees booked into the Anaheim detention facility concerning
their citizenship status in an effort to identify those who may be in the U.S. illegally. He then gave the
highlights of the survey indicating first that approximately 37% of those arrested for crimes during the 63-
day survey are suspected illegal aliens. He reported on the major category of crimes - alcohol/drug
related, crimes against persons and crimes against property. One factor that stood out was that 74% of the
total number of persons arrested for driving under the influence (DUI) in Anaheim were suspected illegal
aliens meaning that three out of four DUI's are committed by illegal aliens costing the taxpayers untold
amounts of money. The other pert of the survey shows how much of a problem repeat criminal offenders
are going through the system. He gave several examples as outlined in the report. The felon who shot
Officer Tim Garcia was arrested five times for various violations and used a different alias each time he was
arrested. Another subject arrested in 1973 had 22 arrests up to 1990 when he was deported but had used
57 different names and 23 different dates of birth.
He has given the survey to the City Clerk so that it is in the record and available to the public (filed in 156).
The 60 days are up tomorrow in which they gave the INS the opportunity to fund the program or the City
would take over. He is not recommending that they do so at this time because they do not have approval
from the INS for the program so there is nothing to fund. The Immigration Bill (with the Anaheim
component) is also on hold because of the Federal Budget situation in Washington. Efforts will be made to
try to push the INS along and releasing the study is a part of those efforts. The committee has asked the
3.6
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JANUARY 9, 1996
Police Department to hone down their areas. They want to know the percentage around City Hall and the
west end. If 37% city wide, in certain areas, it could be quite high causing that many more problems.
Council Member Tait. When the Police Association brought this matter to the forefront, he had no idea the
problem was to the extent it is - 37% of all crimes committed in Anaheim ere committed by illegal aliens. It
seems they have a duty to address that problem. It is a law and order problem and when he was appointed
to the Council, he felt It was the major problem. He can imagine what the City would be like if crime was
decreased by 37% working with the INS. They will be sending another letter and going to demand their
help.
Mayor Daly. They look forward to a formal response from the INS.
Council Member Feldhaus. He has a State League meeting on Friday, a public safety meeting, and will
make the League aware of the figures in the survey and parhapa in~iate some thoughts of the League
doing similar statistics.
C4. 112: REPORT ON CLOSED SESSION ACTIONS:
City Attorney White. He has one action to report which took place in Closed Session - Re: Aminiega vs. C~
of Anaheim, et al., Orange County Superior Court Case 74-41-29. This was an accident involving a City
operated vehicle colliding with a pedestrian. The Council approved a settlement in the amount of $82,000
and the vote was All Ayes.
C3. 114: COUNCIL COMMENTS:
POLICY AND PROCEDURE RELATING TO VOTING AT LEAGUE OF CITIES MEETINGS: Council
Member Zemel. An issue of great concern to him is that they need to establish a policy and procedure
relating to the League of Cities. He has spoken to Council Member Feldhaus in the past regarding the
issue and feels he would agree there is an undisciplined way of casting votes at League meetings. At those
monthly meetings, they are asked to vote on issues brought forth by the League and whoever happens to
be the Council Member at the meeting takes part and votes not necessarily speaking for the entire Council.
He would like to place on the agenda that the Council discuss and establish a policy and procedure relative
to such voting and placing issues on the Council agenda before the Council's representative votes atthe
League meeting. On other agencies, such as the Sanitation District and the Water Board, the City's
representative is the same parson evey time and they receive a copy of the business agenda in due course.
There have been some votes at the League on which he would like to have input and on which he would
have voted No.
Item to be agendized for a future Council meeting, at Council Zemel's request.
PURSUE COMMERCIAL ENTERPRISES FOR DOWNTOWN REDEVELOPMENT PROJECT ALPHA'
Council Member Feldhaus. He is asking that City staff begin moving forward aggressively in pursuing
commercial enterprises for Downtown Project Alpha. The project began in 1980 and he feels demolition of
downtown was done without a viable plan. Anaheim residents are begging for downtown restoration.
Development entitlements have been given to several developers who have not been able to produce. The
promise in 1991 was a Redevelopment Project that would be active beth day and night with a walk-through
environment which has never come to fruition. A recent study by Coopers and Lybrand confirmed when
Anaheim's 14 million annual visitors finish their meetings or activities, they look for a good place to dine and
be entertained. They are now being bused out of the City to do so. He reiterated, he would like to give staff
direction to aggressively move forward in pursuing commercial-retail activities to locate in downtown in
order to establish a unique and exc~ing area and a safe area that the City's hoteliers can recommend to
17
CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES JANUARY 9~ 1996
their patrons specialty shopping, fun and good dining. He would hope for full support of the Council since
he feels this is long overdue.
Mayor Dely. He asked if Council Member Feldhaus has a format in mind or did he want a staff report back
to the Council with some fresh ideas. He believes rela~ve to some of the concerns expressed, that they
need some type of workshop format and to have the input of some of the urban planners who work with
Mrs. Stipkovich. Every city struggles with the same problems. He feels they need a workshop on the
downtown Redevelopment area to get all thoughts on the table and to ask staff why certain things have not
happened. One thing they have to do is outsell other competing Redevelopment A~encies, for instance, in
getting Chapman Law School to relocate to the area.
After additional discussion, Mayor Daly asked staff to bring some thoughts relative to a format they can use
to get some of the ideas on the table. When staff does so, Council Member Feldhaus can determine if that
is what he had in mind.
Council Member Lopez. He understands the frustration and agrees, but feels that Mrs. Stipkovich and her
staff are doing a good job. They are going in the right direction but he is certain they can do more. He feels
they can revisit the issue until they get it right.
NEIGHBORHOOD BASED PLANNING: Mayor Daly. He and Council Member Lopaz served as liaison on
the Neighborhood Sen/ices Committee. As an outgrowth, discussions have been held with Joel Fick, the
Police Department and other City Departments who have been attending those meetings. They have
talked about trying different approaches to planning such as Neighborhood Based Planning, i.e.,
recognizing problems in certain neighorhoods and subsequently coming up with a checklist of solutions.
He has talked to Assistant City Manager, Dave Morgan and Mr. Fick about the possibility of a joint workshop
with the Council/Planning Commission. He feels it is time to bring the concept forward to see if it is
something that makes sense.
PUBLIC PAY PHONE INSTALLATIONS: Mayor Daly. He has noticed that many public pay phones are
being installed in the City adjacent to sidewalks especially along Euclid Street and West Lincoln Avenue on
private proper[7 but sometimes many yards away from the adjacent business. He feels it is an abuse of
land use. He knows those types of permits do not have to come to the City Council; however, he has asked
the Planning Department to evaluate the situation and report to the Council on what is occurring. He feels
these installations have an adverse effect on the appearance of the City's streets.
ADJOURNMENT: By general Council consensus, the Council Meeting of January 9, 1996 was adjourned.
LEONORA N. SOHL
CITY CLERK
18