1994/03/01C£t¥ Hall~ Auaheis~ Californ£a - COUNCIL NINUTE$ - NARCH 1~ 1994 - 5:00 P.N.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY CLERK: Ann M. Sauvageau
POLICE CHIEF: RANDALL GASTON
LIEUTENANT WATCH COMMANDER: Jackie Parra
PLANNING DIRECTOR: Joel Fick
TRAFFIC AND TRANSPORTATION MANAGER: John Lower
ZONING ADMINISTRATOR: Annika Santalahti
SPECIAL OPERATIONS POLICE DEPARTMENT: Jim Gandy
CODE ENFORCEMENT MANAGER: John Poole
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:53 p.m. on February 25, 1994 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the workshop portion of the meeting of March 1, 1994 to
order at 3:10 p.m., all Council Members being present.
City Manager James Ruth. He introduced Police Chief Randall Gaston who will
give a presentation on the Community Policing Plan for the Anaheim Police
Department.
156: CITY OF ANAHEIM - COMMUNITY POLICING PLAN:
Police Chief, Randall Gaston. He submitted a brochure to the Council -
Anaheim Police Department - Community Policing Plan (made a part of the
record). He noted that the material presented contains more details than will
be discussed today. (Chief Gaston's presentation was supplemented by slides,
hard copies of most of which were contained in the data submitted.) He then
gave an overview of community policing from a conceptual standpoint,
differentiated between community policing and problem oriented policing, gave
an historical overview of what has been done in this regard since 1989 to the
present, covered the new structure of the Police Department, status of the CAP
Teams, how they have restructured community policing, goals and strategies of
community policing and, in concluding, the implementation plan that they
intend to start soon. He emphasized that the Police have always relied on
community support. They need witnesses and individuals who are willing to
support the police. Such involvement has always been important. In the 90's,
it means something more than occasionally assisting the l)olice - it now means
a partnership. His presentation also included a briefing regarding trends
that are occurring, the changing demographics in the City and specifics
relative to community action policing in the Lynne-Jeffrey area and the
Dakota-Avon area.
At the conclusion of his presentation, Chief Gaston introduced Lieutenant Jack
Parra who will head the Community Policing Bureau. Lieutenant Parra, in turn,
introduced the members of the Community Policing Team.
After the presentations, questions were posed by the Mayor and Council Members
which were answered by Chief Gaston and City Manager Ruth relative to
forfeiture funds legislation, the role of D.A.R.E. Officers, the possibility
of store-front police operations in the Hills and in the West Anaheim area and
staffing, the status of the siting of the Anaheim Hills Police Station,
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City Hallm &naheimm Cal£forn£a - COUNCIL HII~OTES - M~RCH Id 1994 - 5500 P.M.
mechanisms to obtain additional community input in determining police
priorities, the status of Neighborhood Watch Programs, the present and future
need for bilingual and trilingual officers, etc.
The Mayor thanked Chief Gaston and his staff for the informative presentation.
REQUEST FOR CLOSED SESSIONs City Attorney Jack White requested a Closed
Session to consider the following items=
To confer with its Attorney regarding pending litigation
pursuant to Government Code Section 54956.9(a) to wit=
Golden West Baseball Co. vs. City of Anaheim, Orange County
Superior Court Case No. 40-92-46~ Anaheim Stadium Associates vs.
City of Anaheim, et al., Orange County Superior Court Case No.
44-81-74.
Cate vs. City of Anaheim, et al, Orange County Superior Court
Case No. 58-53-76.
be
To meet with the City's Real Property Negotiator concerning the
lease of property known as the Juliette Low Elementary School
site from the Magnolia School District and the sublease of said
site to the Los Angeles Rams Football Company.
To meet with and give directions to its authorized representative
regarding labor relations matters - Government Code Section
54957.6.
ee
fe
To consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
To consider and take possible action upon such other matters
as are orally announced by the City Attorney, City Manager,
or City Council prior to such recess unless the motion to
recess indicates any of the matters will not be considered in
closed session.
By general consent, the Council recessed into Closed Session. (4=08 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=45 p.m.)
INVOCATION= Reverend David Walker, St. Mark's United Methodist Church, gave
the invocation.
FLAG SALUTE= Mayor Pro Tem Fred Hunter led the assembly in the Pledge of
Allegiance to the Flag.
119= PROCLAMATIONS= The following proclamations were issued by Mayor Daly
and authorized by the City Council=
Recognizing March, 1994, as Red Cross Month in Anahei~
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City Hall~ Anahei~ California - COUI~CIL MINUTES - MARCH 1, 1994 - 5~00 P.M.
Recognizing March 7-11, 1994, as Arbor Day Celebration Week in Anaheim.
Recognizing March, 1994, as Volunteer Recognition Month.
Mary Slosh of the Anaheim House of the Red Cross along with six other women
volunteers accepted the Red Cross month proclamation~ Sally White, President
of Releaf Anaheim and Liz Cason accepted the Arbor Day proclamation and Leone
Winget accompanied by Ted Bryan, Amanda Cooper, Linde Hoffman, Dorothy Ann
Sibley, Betty Soto and Ruben Soto accepted the Volunteer Recognition Month
proclamation.
119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE
TO BE MAILED OR PRESENTED AT ANOTHER TIME:
Recognizing March 6-12, 1994, as Save Your Vision Week in Anahei~
Recognizing April 21, 1994 as the
Orange County Conservation Corps Hotel Recycling Progra~ Kick-off
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,326,795.15 for the
period ending February 22, 1994 and $1,927,503.86 for the period ending
February 28, 1994, in accordance with the 1993-94 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.)
Council Member Feldhaus left the Council Chamber. (6:04 p.m.)
AFTER RECESS= Chairman Daly reconvened the Anaheim Redevelopment Agency
meeting, all Agency Members being present with the exception of Agency
Member Feldhaus. (6=05 p.m.)
D1. 123: CONTINUED JOINT PUBLIC HEARING - REDEVELOPMENT AGENCY/CITY COUNCIL
ON THE FOURTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE ANAHEIM REDEVELOPMENT AGENCy AND KOLL ANAHEIM CENTER ASSOCIATES, A
CALIFORNIA LIMITED PARTNERSHIP, WHICH SETS FORTH THE TERNS AND CONDITIONS OF
THE SALE OF CERTAIN REAL PROPERTY WITHIN REDEVELOPMENT PROJECT ALPHA:
LOCATION/REQUEST= The Alpha Redevelopment Project Area is roughly
bounded by Lincoln Avenue, Anaheim and Harbor Boulevards, Broadway,
and Oak Street. The request is to consider the approval of the
Fourth Amendment to the Disposition and Development Agreement with
Koll Anaheim Center Associates, which provides for revised terms and
conditions for the sale and development of certain real property.
RESOLUTION NO. {AGENCY) ..... ~ Approving the Fourth Amendment to Disposition
and Develo~xnent Agreement between the Anaheim Redevelopment Agency and Koll
Anaheim Center Associates.
RESOLUTION NO. {COUNCIL) ..... : Consenting to the approval of the Anaheim
Redevelopment Agency to the Fourth Amendment of Disposition and Development
Agreement between the Anaheim Redevelopment Agency and Koll Anaheim Center
Associates.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - January 25 and February 1, 1994
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City Hall~ Anaheimf Cal£forn£a - COUNCIL MINUTES - I~RCH Id 1994 - 5=00 P.M.
The joint public hearing was scheduled and continued from the meeting of
February 8 and February 15, 1994 to this date.
Staff had requested an additional one-week continuance of this joint public
hearing.
Chairman/Mayor Daly asked if anyone was present to speak~ there was no
response.
MOTION: Agency Member Pickler moved to continue the joint public hearing to
Tuesday, March 8, 1994. Agency Member Simpson seconded the motion. Agency
Member Feldhaus was absent. MOTION CARRIED.
MOTION= Council Member Pickler moved to continue the joint public hearing to
Tuesday, March 8, 1994. Council Member Simpson seconded the motion. Council
Member Feldhaus was absent. MOTION CARRIED.
ADJOURNMENT= Agency Member Daly moved to adjourn the Redevelopment Agency
meeting. Agency Member Simpson seconded the motion. Agency Member Feldhaus
was absent. MOTION CARRIED. (6:06 p.m.)
D2. 177= CONTINUED PUBLIC HEARING - TWENTIETH YEAR (1994-1995} COMMUNITY
DEVELOpMeNT BLOCK GRANT (CDBG} PROGRAM AND BUDGET=
Approving the fiscal year 1994-1995 CDBG Program and Budget, in the
amount of $3,761,000 and $150,898 in reprogrammed CDBG funds for the
1993-1994 fiscal year, as recommended by City staff and the
Communitywide CDBG Citizen Participation Committee.
Submitted was report dated February 15, 1994 from the Community Development
Department recommending that the Council approve the subject CDBG Program and
Budget as recommended by City staff and the Con~unitywide CDBG Citizen
Participation Committee. Attached to the report were the Committee/Staff
recommendations for the 1994-95 Budget and a list of the funding requests
received.
Mayor Daly. Relative to the subject, the City Manager has scheduled a workshop
regarding the Downtown Community Center for next Tuesday. The CDBG proposed
budget contains some funds for the center.
City Manager Ruth. The workshop has been rescheduled on this issue to next
Tuesday, March 8, 1994 instead of later.
Mayor Daly. Approximately $1 million dollars is being proposed for the
Downtown Community Center. Since a workshop is scheduled on this item next
week and a feeling has been expressed that there should be a continuance, he
suggests that the matter again be continued for one week.
MOTION= Council Member Daly moved to continue the hearing on the Twentieth
Year (1994-1995 Community Development Block Grant program and budget for one
week to Tuesday, March 8, 1994, the public participation portion having been
closed at the meeting of February 15, 1994. Council Member Simpson seconded
the motion. Council Member Feldhaus was absent. MOTION CARRIED.
ITEMS OF PUBLIC INTEREST=
Dr. Howard Garber, Director, Citizens ACT. He was present at the meeting of
February 8, 1994 (see minutes that date) on the matter of what he terms the
East Anaheim Barrio. Today he is going to address a proposed resolution on
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~£2¥ Hall~ p, ahe~t Cal£forn£a - COUNCIL HINUTES - IO, RCH It 1994 - 5~00 P.M.
the citizens S.O.S. (Save Our State) initiative. Material has already been
distributed to the Council (made a part of the record - see letter of
February 28, 1994, a proposed resolution regarding immigration reform and
other related documents). Dr..Garber then briefed his letter of February 28,
1994 and read the resolution in full, the first point being that, "Anaheim and
other California communities are being subjected to uncontrolled demographic
upheaval produced by long-standing permissive policies of the United States
and its Immigration and Naturalization Service (INS) resulting in defacto open
borders and a veritable invasion by impoverished illegal aliens who are
violating existing US immigration laws..." with the points following stating
how such violation is affecting the State noting that Anaheim and other
Southern California co~unities have been especially impacted.
In concluding, Dr. Garber stated that they expect within the month that all
major communities of Orange County will also have this resolution introduced
to their councils and some of the school boards. They are requesting that the
Anaheim City Council endorse the resolution and encourage the Orange County
Board of Supervisors to endorse a similar type resolution.
Mayor Daly. He will be asking the City Attorney to review the initiative
which he understands is in circulation statewide for its effect on the City.
The Attorney General's summary does indicate some of the statewide issues.
David Kendrick. He was present several weeks ago (see minutes of February 8,
1994). He is present today to urge the Council's support of the S.O.S.
initiative as introduced by Dr. Garber. There are many good Hispanic families
in their neighborhoods but also very bad illegals who are causing crime,
drugs, deaths and overcrowding. He believes the good Hispanic families in
their neighborhood would support the initiative and he hopes the Council does
as well.
Bernie LaChapell, Santa Aha, Member of Coalition for Immigration Reform. He
is present to support Dr. Garber's resolution. He is the coordinator for all
the signature gathering for the petition. There are at least one hundred
people in his group giving of their time and effort. It is way over due that
they hear something from their leaders. It is something that should have been
done long ago. He encouraged the Council to support the initiative.
Treva Brown, Member of Citizens for Better Schools. They are a group of
parents who are trying to improve the school system in the Anaheim Union High
School District. She also supports Dr. Garber's proposal. Some people would
perhaps misunderstand the resolution and think it is racially motivated. It
is not true. They are against all illegal immigrants wherever they come from.
She also addressed the issue of bilingual education. She is a substitute
teacher and believes they are not doing bilingual education the right way.
She eup~orts the initiative and hopes the Councll will look into it.
Council Member Simpson. He wanted to comment now before citizens left the
meeting. Relative to the issue of illegal immigration, some Council Members
just returned from a trip to Washington, D.C. having met with four or five of
the City's Congressional Representatives. They also met with Senator
Feinstein and an aide of Senator Boxer. In each instance, they talked to them
about the seriousness of the illegal immigration issue. The President
recently met with seven of the Governors of states most seriously impacted.
No resolution was found and California has what Governor Wilson considers to
be a $3.3 billion dollar problem with illegal immigration. The State expected
to get that much in Federal aide but that will not be forthcoming. He then
further briefed what additional information they learned relative to the
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City Hall~ Anahe£mr Californ£a - COUNCIL MINUTES - MARCH Ir 1994 - 5c00 P.M,
illegal immigration problem for the edification of the audience. Although the
Council has not done a proclamation as yet, they may do so at some point but
he thought the audience would be interested in what had transpired in
Washington.
Pedro Vasquez. He is here to represent his company which has been in business
in the City for the last 10 years. He would like to share with the Council
that he was treated badly by the foreman of Code Enforcement. They harassed
his employees and they were treated badly. He would like to somehow settle
this matter. He does not want any more citations. He has received over
40 or 50. He would suggest that the Council do something about it. It is
necessary to talk and make some arrangements. It is getting worse every
single day. He is in a position to negotiate the matter and to meet with
anybody else and discuss the issues. They cannot even make a living. The
fees they pay are too high for only being allowed 10 minutes to sell. There
is not enough time to park and set up and then only 3 or 4 minutes to sell.
Code Enforcement does not mark their tires anymore, they just give a citation.
The last time he was here to talk to the Council on this matter, he mentioned
violence. He does not want any violence to occur.
Mayor Daly. Mr. Poole is the Code Enforcement Manager and he is charged with
enforcing the laws and Mr. Vasquez is expressing concern with the way his
staff is enforcing the law.
Pedro Vasquez. He talked to Mr. Poole this morning and they cannot come up
with a resolution. Mr. Pools wants to make citations and to show the Council
that he is doing the Job. That is not the way. It is to work with the
community and the vendors. With a citation they are going to make things
worse and pretty soon they are going to run out of business. They want to
keep doing business in the City and provide the community with their services.
Council Member Hunter. The complaint is the 10 minutes. By the time vendors
park their truck, get it open and people come out of their apartments in
predominantly Hispanic areas to buy the goods and wares, it is time to leave.
Mr. Vasquez has showed him forty or fifty citations. It is not a realistic
time limit. They are driving the vendors out of business. It is a shame they
are putting people out of work. At one time there was a group working on the
issue headed by Alan Hughes of the Chamber. He reiterated, 10 minutes is not
realistic and they are going to drive people like Mr. Vasquez out of business
as well as others who are American citizens and have been a part of the
Anaheim community before a majority of the residents came to the City.
PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Items A7 and Al5
(see discussions under those item).
MOTION: Council Member Daly moved to waive reading in full of all ordinances
and resolutions to be acted upon for the Council meeting of March 1, 1994.
Council Member Simpson seconded the motion. Council Member Feldhaus was
absent. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDARs On motion by Council Member
Pickler, seconded by Council Member Simpson, the following items were approved
in accordance with the reports, certifications and recommendations furnished
each Council Member and as listed on the Consent Calendar; Council Member
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City Hallr Anaheimr California - COUNCIL MINUTES - MARCH 1, 1994 - 5~00 P.M.
Pickler offered Resolution Nos. 94R-21 through 94R-25, both inclusive, for
adoption and offered Ordinance No. 5418 for adoption. Refer to
Resolution/Ordinance Book.
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 Park Circle Apartments, Ltd., attn: Peter M.
Deprosperis, for property damage sustained purportedly due to actions of
the City on or about November 10, 1993.
b. Claim submitted by Thomas William Allen for property damage sustained
purportedly due to actions of the City on or about December 23, 1993.
c. Claim submitted by Michael D. Casagranda for property damage sustained
purportedly due to actions of the City on or about December 23, 1993.
d. Claim submitted by David W. Martz for property damage sustained
purportedly due to actions of the City on or about January 17, 1994.
e. Claim submitted by Guy D. Hugaert for property damage sustained
purportedly due to actions of the City on or about September 30, 1993.
f. Claim submitted by Tin T. Nguyen for property damage sustained
purportedly due to actions of the City on or about September 20, 1993.
g. Claim submitted by Pauline B. Fournier for property damage sustained
purportedly due to actions of the City on or about December 11, 1993.
h. Claim submitted by Millcraft, Inc., attn= Lars Eppink, for property
damage sustained purportedly due to actions of the City on or about
January 9, 1994.
i. Claim submitted by Pacific Bell, attn: Charlotte Carter, Case
No. CF347-0231, for property damage sustained purportedly due to actions
of the City on or about August 31, 1993.
j. Claim submitted by Donald Hegg, c/o James R. Hammerton, esq., for
indemnity sustained purportedly due to actions of the City on or about
December 18, 1993.
k. Claim submitted by Sandra Halliburton for property damage sustained
purportedly due to actions of the City on or about December 27, 1993.
1. Claim submitted by Hi-Tech Rubber, Inc., attn: Norm Lester, for
property damage sustained purportedly due to actions of the City on or
about December 23, 1993.
m. Claim submitted by 20th Century Insurance Company, attn: Gloria
Modripal, insured: Kasey Shay Meyer, for bodily injury sustained
purportedly due to actions of the City on or about August 27, 1993.
Claims recommended to be aCcepted:
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City Hallr Anaheimf California - COUNCIL MIN%~TES - MARCH It 1994 - 5:00 P.M.
a. Claim submitted by Marmol Export, USA, attn: David Vega, for property
damage sustained purportedly due to actions of the City on or about
January 7, 1994.
b. Claim submitted by Martin Duarte Bravo for property damage sustained
purportedly due to actions of the City on or about December 31, 1993.
A2. 105: Receiving and filing minutes of the Community Services Board
meeting held January 13, 1994.
105: Receiving and filing minutes of the Senior Citizens Commission meeting
held December 9, 1993.
156~ Receiving and filing a Monthly Return of Offenses Known to the Police
for the month of January, 1994.
117: Receiving and filing a Summary of Investment Transactions for January,
1994, and revisions for November and December, 1993, as submitted by the City
Treasurer.
102: Receiving and filing minutes of the January 20, 1994, meeting of the
Orange County Vector Control District Board of Trustees.
A3. 175: Awarding the contract to the lowest responsible bidder, Henkels and
McCoy, Inc.,, in the amount of $227,711 for Dowling-Yorba 69 KV underground
electrical cabling at La Palma Avenue (from Carbon Creek Channel to Kellogg
Drive); 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 iow and second low bidders.
A4. 167: RESOLUTION NO. 94R-21: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO PARTICIPATE IN THE ADVANCED TRAFFIC
CONTROL SYSTEM.
AS. 123: Waiving Council Policy 401, and approving an Agreement with Boyle
Engineering Corporation for a fixed fee of $169,884 to complete final design
and perform other engineering services for the Anaheim Stadium AMTRAK/Commuter
Rail Station.
A6. 123: Approving an Agreement with Nolte and Associates, Inc., in an
amount not to exceed $155,000 for engineering design services for the Broadway
Street Improvement Project (fromAnaheim Boulevard to East Street).
A7. 108= To consider authorizing reassignment of bus bench administration
from Business L~cense to Public Works - Engineering Department.
108: To consider authorizing a competitive proposal process for an exclusive
advertising bus bench company, with annual renewal over a five year term.
ORDINANCE NO. 5418 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING
CHAPTER 4.05 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BUS BENCHES.
(Discussed, input received, and continued from the meeting of February 8,
1994.)
Arlan Renfro, Canoga Park. He is representing Coast United Advertising and
Norman Bench Advertising. (Also see minutes of February 8, 1994 where
Mr. Lee Freeman, Attorney for both Coast and Norman spoke to the issue on
behalf of his clients.) These companies combined represent 98% of all the
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City Hallr ~he~m California - COUNCIL MINUTES - MARCH Ir 1994 - 5z00 P.M.
permitted bus benches in Anaheim. They support the Public Works Department in
initiating a request for proposal to select an exclusive advertising bus bench
company. Mr. Renfro then gave an extensive list of what he believes an
exclusive agreement should mean. After doing so, he reiterated that they
believe the proposed RFP process is a sound recommendation which can satisfy
all the concerns regarding advertising bus benches and that the end result
will be a win-win for all parties.
Shirley McCracken, 6553 Calle Del Norte, Anaheim, Member of the Anaheim Arts
Council. (Also see minutes of February 8, 1994 where Mrs. McCracken gave
input on this issue.) Mr. Renfro's support for the type of public input into
the kind of public notices or perhaps City guidelines on public art would be
in conformity with what the Arts Council is hoping to accomplish. They do not
know where the public art component is going to be included and hope that the
Council will make sure in authorizing the competitive proposal process that
they be part of the process. Either the art in public places co~nittee, the
Arts Council or some part of staff be designated to look at that part of the
component, that the bus benches do not just disappear or if they are kept that
they be maintained graffiti free. The City has a conservation corps that is
looking for jobs and they might be able to use the corps to identify the
illegal benches and to identify the ones that need to be repaired and graffiti
removed from them.
Mayor Daly. He asked for confirmation that Mrs. McCracken believes there is a
role for the arts community in working with the RFP to encourage some artistic
considerations in the installations of the bus benches and some coordination
with the arts community.
Shirley McCracken. She confirmed that was correct and that staff needs to be
directed to assure that is included.
Julie Mayer, 1837 W. Orange, Anaheim. She supports the effort on the bus
bench issue - the idea of an RFP. She did serve and still serves as Chairman
of the Koll Anaheim Center Art Committee. They adopted a landscape master
plan which also has a component done by a New York artist, Mary Miss which
identifies bus shelter locations beyond project ALPHA. In talking about bus
benches, they want to have some way to link this planning document and make
sure they have some representation and say if there is some linkage. She
would like to ask the Council to direct them to a staff person to interface
with. They are an all volunteer committee, are ready to work and have the
resources to do so. There are a lot of opportunities and several grants
available.
Council Member Pickler. Council Member Feldhaus had a previous engagement and
had to leave the meeting. Before leaving, he asked that this item be
continued since he would like additional time before making a final decision.
City Attorney White. There are multiple components to the proposed action.
One is the adoption of the ordinance which would repeal the current permitting
process for bus benches. Ail of the bus bench Permits expire on April 1. If
the ordinance is not adopted tonight which would become effective April 1,
1994, they would be into the period when the current permits would be subject
to being renewed. Staff would recommend even if the Council chose to consider
deleting the other components that they consider acting upon the ordinance
this evening which would preclude further bench applications beginning
April 1. If there are questions about the process of the bidding and the
exclusive contract, they could be handled next week.
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City Hall, Kuahsimf California - COUNCIL MINUTES - ~IICH l~ 1994 - 5~00 P.M.
Council Member Pickler recommended that the Council act on the ordinance this
evening and subsequently continue the other proposed actions on this matter to
next week, March 8, 1994.
Mayor Daly. If Council Member Feldhaus has questions or concerns regarding
the reassignment of bus bench administration or the RFP, he assumes there will
be ample time for him to have input into the process in the next few days. He
(Daly) also has a question having to do with including the arts community in
the process. He asked if there is a way to involve the arts community in the
specifications and all the other criteria. They have separated out the bus
shelter contracts permitting process fro~ the bus bench process and there will
be two distinct operations. There would be an opportunity for the arts
community to be involved in both of those.
John Lower, Traffic & Transportation Manager. He confirmed first there will
be an opportunity for input and they can provide for the input of the arts
community into both the bus bench and bus shelter issues as well.
City Manager Ruth. He assured the Council that staff would solicit input from
the Arts Council and any other groups in the community.
Mayor Daly. Relative to the bus shelters, he assumes it is still the
intention to either extend the existing contract or do something with that and
try to gain more for the co~unity both in terms of getting the arts community
involved with the bus shelter contract and also getting some additional
community resources from the bus shelter company since they are gaining
something. Previously, it was suggested that the City obtain donated
advertising - free bus benches for the privilege of adding more bus shelters.
He asked what is the thinking now.
John Lower. The option would be to select an increased percent of revenue in
lieu of the free benches. While they currently provide free shelter space for
public service announcements, that is intended to be broadened to provide for
some cultural activities as well. It is anticipated that the shelters
themselves will be similar if not identical to what is presently in place.
The advertising panels present the opportunity for input by the Arts Council.
He clarified for the Mayor that they will be bringing a separate item to the
Council on the bus shelter contract.
City Manager Ruth also confirmed for the Mayor that if members of the arts
community want to have input, the staff person to contact is John Lower, the
city's Traffic and Transportation Manager.
At the conclusion of discussion, the City Council determined to act on the Bus
Bench ordinance thi9 week and continue the reag~ignment and comgetitive
proposal issues to the meeting of March 8, 1994.
A8. 168= Authorizing staff to proceed with the renaming of Haster Street to
Anaheim Boulevard between Katella Avenue and I-5.
Ag. 123= Approving a First Amendment to Agreement with Austin-Foust
Associates, at a cost not to exceed $3,200 to perform a traffic study for the
Anaheim Resort Area.
Al0. 160= Accepting the bid of Pauwels Transformer, in the amount of $18,935
for five 75 K.V.A. three-phase padmount transformers, in accordance with Bid
~5228.
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City Hall, AmeBa!m, Cal£forn£a - COUNCIL MINUTES - MARCH 1~ 1994 - 5:00 P.H.
All. 160: Accepting the bid and authorizing the Purchasing Agent to issue a
purchase order to Anacomp, Incorporated, in an amount not to exceed $61,388
for microfiche services, for a period of fifteen months beginning April 1,
1994, and ending June 30, 1995, in accordance with Bid $5225.
Al2. 128: Receiving and filing the Monthly Financial Analysis presented by
the Director of Finance for five months ended November 30, 1993.
A13. 123: Approving an Agreement with Rauscher, Pierce, Refsnes, Inc., in
the amount of $6,000 and possible out-of-pocket expenses, not to exceed $3,000
for financial advisor services.
123: Approving an Agreement with Jones, Hall, Hill & White at a cost of
$8,500 plus out-of-pocket expenses not to exceed $1,500 for bond counsel
services.
A14. 137~ RESOLUTION NO. 94R-22: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1993/1994
AND THE ISSUANCE AND SALE OF 1994 TAXABLE NOTES THEREFOR. ($95 million -
competitive sale).
137: Authorizing and directing the execution of certain financing documents
relating to this taxable note issue; approving the form and authorizing
distribution of the Preliminary Official Statement; and authorizing the sale
of this note.
Al5. 179: RESOLUTION NO. 94R-23: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ENACTING PROCEDURES RELATING TO THE REVIEW OF ANY REPORTS ON
THE IMPACT OF THE CONVERSION, CLOSURE, OR CESSATION OF USE OF ANY MOBILEHOME
PARK WHICH MAY BE REQUIRED PURSUANT TO SECTION 65863.7 OF THE GOVERNMENT CODE
OF THE STATE OF CALIFORNIA.
Paul Bostwick, 1411 S. Anaheim Boulevard, Anaheim. He had not previously seen
a copy of the proposed resolution pertaining to the subject until this
evening. Having now read it, he believes he understands that by the
resolution, the Council is delegating the responsibility to the Planning
Commission with the normal appeal to the City Council. Therefore, he does not
have any problem with that.
A16. 184: Reviewing the need for continuing the Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
January 4, 1994, concerning the Santiago Landslide and Pegasus Landslide in
the City of Anaheim; and taking no action to terminate the local emergency at
this time.
A17. 184: Reviewing the need for continuing the Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
January 18, 1994, concerning damage within the City of Anaheim resulting from
the Northridge Earthquake occurring on January 17, 1994; and taking not action
to terminate the local emergency at this time.
A18. 123: Approving a Grant Agreement between the City of Anaheim and Share
Our Selves Corporation, in an amount not to exceed $5,000 for the provision of
support services to homeless families.
A19. 153: RESOLUTION NO. 94R-24: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE FEBRUARY 17, 1994 LETTER OF UNDERSTANDING
BETWEEN THE CITY OF ANAHEIM AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL
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City Hallt ~tnahe~ California - COUNCIL HINUTES - IO~CH 1~ 1994 - 5:00 P.H.
WORKERS, LOCAL 47 AND AMENDING RESOLUTION NO. 93R-34 WHICH ESTABLISHED RATES
OF COMPENSATION FOR CLASSES ASSIGNED TO THE INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 47. (Adjusting rates of compensation for Utilities
Department Water System Operation classifications.)
A20. 153: Approving a rate reduction for the Aetna Temporary Disability
Income Plan to be effective March 1, 1994.
A21. 153= RESOLUTION NO. 94R-25= A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM
MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL UNIT, AND THE CITY OF ANAHEIM. (To
provide mitigation on the effects of reassigning certain work from the Stadium
Department to the Parks, Recreation & Community Services Department.)
A22. 000= Approving, retroactively, a fee waiver for use of the Brookhurst
Community Center to hold Miss Orange County Pageant rehearsals on February 6,
13, 27, March 7 and 14, 1994.
A23. 123= Approving an Agreement between the City of Anaheim and Ogden
Facility Management Corporation of Anaheim for Arena guest overflow and Arena
employee parking at Anaheim Stadium from July 26, 1993, through July 26, 1994.
A24. 123= Approving the proposed Lease Agreement between the City of Anaheim
and the National Association of Realtors for the purpose of holding a Trade
Show/Convention, November 1-9, 1994~ and authorizing the Convention Center
General Manager to execute said contract.
A25. 107= Receiving for information the results of the second phase of the
Graffiti Surveillance Program~ and approving the use of Council Contingency
funds in the amount of $15,000 to continue the graffiti surveillance (as
recommended for modification), and reward programs for the balance of the
fiscal year.
A26. 105: Receiving and filing minutes of the Public Utilities Board meeting
held January 6, 1994.
A27. 123: To consider approving a Second Lease Extension with the Magnolia
Elementary School District extending the Lease Agreement dated January 1,
1979, relating to the Juliette Low School site to December 31, 2003, with an
additional five year option period.
123: To consider approving a Second Extension of Sublease with the Los
Angeles Rams Football Company extending the Lease Agreement dated November 21,
1978, relating to the Juliette Low Elementary School site to December 31,
2003, with an additional five year option period. (Continued from the meetings
of 1/25/94- Item A23, 2/1/94-Item AS, 2/8/94-Item A15, and 2/15/94-Item All.)
City Manager Ruth. Staff il requesting a one-week continuance of thil item.
At the conclusion of the Consent Calendar, this item was continued to Tuesday,
March 8, 1994.
A28. 114= Approving minutes of the Anaheim City Council meetings held
January 25, 1994, and February 1, 1994.
A29. 101: AWARD OF CONTRACT - ANAHEIM STADIUM REINFORCEMENT=
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City Ra11~ A~aheim, California - COUNCIL M~NU~E$ - MARCH 1~ 1994 - 5~00 P.M.
Submitted was report dated March 1, 1994 from the Public Works Engineering
Department recommending the subject award of bid to SME in the amount of
$497,600.
City Manager Ruth. This is an added item necessitated as a result of the
earthquake and emergency repair work being done at Anaheim Stadium. Staff has
solicited bids to do this repair work to be approved as part of the Consent
Calendar. If action is taken tonight, it will require waiving certain
provisions of the Brown Act.
MOTION: Council Member Daly moved that this item be added to the Consent
Calendar Items. Council Member Simpson seconded the motion. Council Member
Feldhaus was absent. MOTION CARRIED.
City Attorney White. Waiving the Brown Act will be based upon finding that
the need to act tonight is necessary in order to accomplish the work prior to
the beginning of the first baseball game to be played at the Stadium in April,
that the work needs to be commenced before this could be agendized and placed
on a properly noticed agenda.
MOTION: Council Member Simpson moved to waive the 72-hour posting provision
of the Brown Act based upon the findings as articulated by the City Attorney.
Council Member Hunter seconded the motion. Council Member Feldhaus was
absent. MOTION CARRIED.
This item was subsequently approved as part of the Consent Calendar.
Ro11 Call Vote on ResoXution Nos. 94R-21 throuqh 94R-25, both incXusive, for
adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Pickler, Hunter, Daly
None
Feldhaus
The Mayor declared Resolution Nos. 94R-21 through 94R-25, both inclusive, duly
passed and adopted.
Roll Call Vote on Ordinance No. 5418 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Pickler, Hunter, Daly
None
Feldhaus
The Mayor declared Ordinance No. 5418 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
ITEMS BI - BI0 FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 7, 1994
INFORMATION ONLY - APPEAL PERIOD ENDS MARCH 1. 1994~
B1.
179: CONDITIONAL USE PERMIT NO. 3413 AND NEGATIVE DECLARATION:
OWNER: Norbert Waters, 2501 E. Ball Road, Anaheim, CA 92806
AGENT: Gus Riker, 2525 E. Ball Road, Anaheim, CA 92806
LOCATION: 2521 E. Ball Road. Property is approximately 1.89 acres
located at the northeast corner of Ball Road and Sunkist Street.
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City Ra11, ~ehe4,~, California - COUNCIL MI~JTES - ~t~tC~ 1, 1994 - 5500 P.M.
Petitioner requests modification or deletion of condition of approval
pertaining to the time limitation of a previously approved restaurant
expansion with on-premise sales and consumption of beer and wine.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved request to delete time limitation for CUP NO. 3413 (PC94-12) (6
yes votes, I absent).
Negative Declaration previously approved.
B2. 155: FINAL SUPP?.RMENTAL ENVIRONMENTAL IMPACT REPORT NO. 316, CONDITIONAL
USE PERMIT NO. 3566:
OWNER: California State Teachers Retirement System, 7667 Folsom Blvd.,
Sacramento, CA 95826
AGENT: O'Connor Realty Advisors, Inc., Attn: Mike Strle,
11601 Wilshire Blvd., Los Angeles, CA 90025; Donahue Schriber,
Attn: Ernie Weber, 3501 Jamboree Rd., Ste. 300, Newport Beach 92660
LOCATION: 500-600 North Euclid Street. Subject property consists of
two parcels of Lands Parcel 1 is an irregularly-shaped parcel of land
consisting of approximately 38.25 acres bounded on the north by Crescent
Avenue, on the east by Loara Street, on the south by the Santa Ana
Freeway (Interstate 5) and on the west by Euclid Street (Anaheim Plaza);
Parcel 2 is a rectangularly-shaped parcel of land consisting of
approximately 8.82 acres located at the northeast corner of Crescent
Avenue and Euclid Street, having approximate frontages of 620 feet on
the north side of Crescent Avenue and 640 feet on the east side of
Euclid Street, and further described as 500-600 North Euclid Street.
Petitioner requests modification or deletion of condition of approval
pertaining to the orientation of automotive service bays in conjunction
with a previously-approved major regional shopping center.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3566 APPROVED (PC94-13) (4 yes votes, 2 abstained, and
i absent).
Approved the previously certified Final Supplemental Environmental
Impact Report No. 316.
Mayor Daly. This is the Final Supplemental EIR for the Anaheim Plaza Project.
As part of the packet, he asked if there were any proposed changes they should
be aware of.
Annika Santalahti, Zoning Administrator. The item had basically to do with
the automotive service bays. In taking a positive action, the Commission is
still requiring that precise plans come back to them as a report item to
review how those bays are designed and that a second noise study be performed
to verify that the first one was accurate.
Mayor Daly noted that the minutes reflect four yes votes, two abstentions and
one absent. He asked why the abstentions; Annika Santalahti answered that she
did not have that In£ormatlon. Mayor Daly. It is not consistent with
agenda which indicates two abstentions and the minutes indicate three.
Annika Santalahti. She had heard from staff that it reads the way the agenda
does, i.e., two abstentions and one absent with four yes votes.
B3.
179: CONDITIONAL USE PERMIT NO. 3661t CATEGORICALLY EXEMPTt CLASS 11:
OWNER: California State Teachers Retirement System, 7667 Folsom Blvd.,
Sacramento, CA 95826
AGENT: Mark Whitfield, cio Donahue Schriber, 3501 Jamboree Rd., Ste.
300, Newport Beach, CA 92660
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City gall~ Anahe4~ California - COUNCIL MII~JTES - NARCH 1, 1994 - 5:00 P.M.
LOCATION: 500 North Euclid Street. Property is approximately 38.25
acres bounded on the north by Crescent Avenue on the east by Loara
Street, on the south by the Santa Ana Freeway (Interstate 5) and on the
west by Euclid Street.
To permit an outdoor plant nursery in conjunction with a major retail
establishment.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3661 GRANTED (PC94-14) (4 yes votes, 2 abstained, and i absent).
B4.
155: CONDITIONAL USE PERMIT NO. 3659 AND NEGATIVE DECLARATION:
OWNER: Noha Khouraki and Mohammed Khouraki, 1217 South Brookhurst
Street, Anaheim, CA 92804
AGENT: Warren Pitt, 8872 Bellshire Drive, Huntington Beach, CA 92646
LOCATION: 1217 South Brookhurst Street. Property is approximately 0.31
acre located on the west side of Brookhurst Street and approximately 280
feet south of the centerline of Ball Road.
To permit the expansion of an existing market/grocery store.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3659 GRANTED for 3 years and 7 months, until 9/30/97 (PC94-15)
(6 yes votes, I absent).
Approved Negative Declaration.
B5. 155: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3656 AND
NEGATIVE DECLARATION:
OWNER: Ralph E. & Leila Louise Slayton, 1821 Ladera Vista, Fullerton,
CA 92635
AGENT: Luciano Di Visconti, 2662 West Lincoln Avenue, Anaheim, CA
92801
LOCATION: 2662 West Lincoln Avenue. Property is approximately .49 acre
located at the southwest corner of Lincoln Avenue and Stinson Street.
To permit on-premise sale and consumption of beer and wine, in
conjunction with an existing full service restaurant with waiver of (A)
minimum number of parking spaces (APPROVED), and (B) required parking
lot landscaping (DELETED).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3656 GRANTED, IN PART (PC94-16) that a minimum of 36 parking
spaces shall be provided for this site (6 yes votes, i absent).
APPROVED waiver of code requirement.
Approved Negative Declaration.
NOTE: This item referred from the ZoningAdministrator meeting of Thursday,
F~bruar~ 3, 1994.
B6.
155: VARIANCE NO. 4243 AND NEGATIVE DECLARATION:
OWNER: Koll-Equitec Partnership, 4343 Von Karman Avenue, Newport Beach,
CA 92660
AGENT: CB Commercial Real Estate Group, Inc., 2400 E. Katella Avenue,
7th Floor, Anaheim, CA 92806-5938, Attn: Forrest C. Wylder
LOCATION: 1590 S. Lewis Street (Anaheim Business Center). Property is
approximately 6.8 acres located at the southeast corner of Cerritos
Avenue and Lewis Street.
Waiver of minimum number of parking spaces, to expand office area in
conjunction with a publishing/distribution facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
VARIANCE NO. 4243 GRANTED (PC94-17) (6 yes votes, i absent).
Approved Negative Declaration.
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City Hall. Anaheim, California - COUNCIL MINUTES - MARCH ld 1994 - 5:00 P.M.
NOTE= This ite~ referred from the ZoningA~ministrator meeting of Thursday,
Febr~ar~ 3, 1994.
B7. 155: CONDITIONAL USE PERMIT NO. 3466 - REQUEST FOR RETROACTIVE EXTENSION
OF TIME:
REQUESTED BY: MNW Development, P.O. Box 5513, Fullerton, CA 92635
LOCATION: 1204 West Center Street.
Petitioner requests a retroactive extension of time for Conditional Use
Permit No. 3466 (permitting a 2-story, 13-unit senior citizen's
apartment complex) to expire on November 4, 1994
ACTION TAKEN BY THE PLANNING COMMISSION:
WITHDRAWN by the Applicant.
E8.
155~ CONDITIONAL USE PERMIT NO. 1564 - REVIEW OF FINAL PLANS:
REQUESTED BY: Sean Muish, 1041 N. Shepard Street, Anaheim, uA 92806
LOCATION: 1041 North Shepard Street.
Petitioner requests review of precise plans for a previously-approved
kiddie carnival.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved final plans for CUP NO. 1564.
B9. 155: CONDITIONAL USE PERMIT NO. 3217 - RETROACTIVE EXTENSION OF TIME:
REQUESTED BY: Nanu C. Pate1, 417 West Allen, $112, San Dimas, CA 91773
LOCATION: 2061 South Harbor Boulevard.
Petitioner requests a one-year retroactive extension of time (which
expired January 23, 1994) to comply with conditions of approval for
Conditional Use Permit No. 3217 (to construct a 750-room, 17-story, 156-
foot high, 532,270 square foot hotel facility).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved Retroactive Extension of Time on CUP NO. 3217 (to expire
1/23/95).
El0. 155: CONDITIONAL USE PERMIT NO. 3096 - REQUEST FOR A ONE-YEAR
RETROACTIVE EXTENSION OF TIME TO COMPLy WITH CONDITIONS OF APPROVAL:
REQUESTED BY: Roger J. Work
LOCATION: 3601 West Ball Road.
Petitioner requests a one-year retroactive extension of time to comply
with conditions of approval for Conditional Use Permit No. 3096 (to
permit a 3-story, 43-unit "affordable" senior citizen apartment complex)
to expire November 21, 1994.
ACTION TAKEN BY THE PLANNING COMMISSION:
WITHDRAWN by the Applicant.
~ND OF THE PLANNING COMMISSION ITEMS F~OM FEBRUARY 7, 1994.
Mayor Daly. He noticed a couple of items (B7 and El0) were applications for
extensions of permits of approved developments now withdrawn. He asked if
those were withdrawn because of a procedural technicality or are the
applicants foregoing their entitlements.
Joel Fick, Planning Director. Primarily the latter. He recalls a specific
instance where the applicant upon reviewing changes to the code determined he
did not want to proceed with the particular proposal because the Council and
100
City Hall~ ~hs£m~ Cal£forn£a - COUNCIL NINUTES - I~RCH 1, 1994 - 5~00 P.N.
Planning Commission had updated and enhanced some of the standards in the area
of the proposal.
ITEM Bll FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 231 1994
INFORMATION ONLY - APPEAL PERIOD ENDS MARCH 51 1994:
Bll. 170: TENTATIVE PARCEL MAP NO. 90-273~ CATEGORICALLY EXEMPT~ CLASS 15:
OWNERs Sterik Company, 828 Moraga Dr., Bel Air, CA 90049
AGENT: A.J. Koltavary Civil Engineers, 1151 Dove Street., $210, Newport
Beach, CA 92660
LOCATION: 101-121 North Beach Boulevard. Property is approximately 8.4
acres located at the northwest corner of Lincoln Avenue and Beach
Boulevard.
To create a 2-lot commercial subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION~
Approved Tentative Parcel Map No. 90-273 (6 yes votes, i absent).
END OF THE PLANNING COMMISSION ITEMS.
Cl. 107: POOL ROOM PERMIT APPLICATION - EL OJO DE AGUA BAR:
Request submitted by Juan B. Carbajal, 748 N. Olive Street, Anaheim, CA
92805. The location of the business is 1287 E. Lincoln Avenue, Anaheim.
The petitioner is requesting a permit to operate four pool tables which
is an increase of one pool table (three currently in the establishment)
to be used in conjunction with serving beer and food.
Submitted was report dated March 1, 1994 from the Code Enforcement Manager
recommending approval of the application.
John Poole, Code Enforcement Manager. The staff report before the Council
does recommend approval. However, the recommendation was based upon
information the Police Department gave them at the time the report was
prepared. Today, he talked to Officer Gandy who is present and has indicated
there have been a number of instances. Based on the new information, the
recommendation should be changed from approval to denial.
MOTION: Council Member Hunter moved to deny the application for a pool room
permit at 1287 E. Lincoln Avenue for the E10jo De Agua Bar increasing the
number of pool tables from three to four. Council Member Pickler seconded the
motion.
Before a vote was taken, City Attorney White stated the Council needs to
incorporate in any motion findings as to why this is being denied. He does
not have those in front of him. Perhaps they can be articulated by Mr. Poole
or Officer Gandy. It is necessary to go through that procedurally as part of
the denial process.
Jim Gandy, Investigator, Vice Detail, Police Department. He recently
requested a call for service run on this location which just came back today
and was surprised to see the number of calls. Since July 1, 1992, there have
been a total of 146 calls for service by the Police at the business - 46 in
the 6 months in 1992 and 89 in 1993 with 11 thus far in 1994. Basically there
have been 37 calls for fights or a disturbance, 6 calls of assault with a
deadly weapon/weapons charges, 25 thefts including 4 auto thefts, i murder, a
dead body was found behind the building last year, I prostitution arrest, 3
101
City Hallf Anaheimr Cal£fornia - COUNCIL MZNtJ'TES - MARCH 1~ 1994 - 5=00 P.M.
drug arrests, 4 drunk in public arrests, 18 suspicious circumstances and 51
miscellaneous. He then compared the calls for service for this location with
two other similar locations~ At this particular location, the business is
located in an area that is 121% above average for the City in crime rate.
This one particular business may be contributing to that. Therefore, the
Police Department recommends no additional pool tables or reasons to increase
the crime rate be given this particular location.
city Attorney White. If the applicant for the additional table ie present, he
should be given the opportunity to speak.
Mayor Daly. He asked if the applicant or anyone representing Mr. Carbajal was
present to speak; no one was present.
City Attorney White. Based upon the evidence presented, the City Council may
wish to adopt a motion denying the application for one additional pool table
at this location based upon a finding that the additional pool table would be
detrimental to the public order due to the unusual number of service calls to
the location involving crimes and potential crimes and that the additional
pool table would attract an additional clientele to an area that is already
overly impacted in crime.
Council Member Hunter amended his motion and incorporated the findings as
articulated by the City Attorney in his motion of denial for the pool table.
Council Member Pickler accepted the amendment in his second. Council Member
Feldhaus was absent. MOTION CARRIED.
Council Member Pickler. He asked if there was any possibility of eliminating
the other pool tables.
City Attorney White. Between Mr. Poole and Officer Gandy, they can look into
the possibility as to where grounds exist to review the existing permit and
come back at a later date. That cannot be done tonight.
Mayor Daly. Later in the meeting, he'stated he wanted to make sure staff
understood what appeared to be direction from the Council to proceed
accordingly on this location based on what the Police report describes, i.e.,
to determine if grounds exist for revocation of the present permit.
C2. COUNCIL COMMENTS=
114= NO-SMOKING ORDINANCE=
Council Member Pickler. He still would like to have the Council consider the
new no-smoking ordinances that have been passed in some of the cities in
Orange County and also the County itself at least to give the Council an
opportunity to discuss the matter. More and more, he reads and hears of the
detriment of second-hand smoke and also what it does to fetuses. He feels
they should not sit back but should look at the situation with the possibility
of doing something in the City as well - perhaps enhance some of the things
the City is presently doing. The issue is too important to put aside. He
asked if it was necessary to have three votes to place the matter on a future
agenda.
City Attorney White. Until April 1, 1994, it takes the vote of three Council
Members. When the new provisions of the Brown Act go into effect after that,
any individual Council Member can agendize a subject.
102
City Hallm Anahei~r California - COUNCIL MINUTES - MARCH lm 1994 - 5~00 P.M.
Council Member Simpson asked if that is true in setting a public hearing as
well; the City Attorney answered no, just to agendize a subject.
Council Member Hunter. He does not have a problem with setting the matter for
a discussion. He notes a real dichotomy in Council Actions. For instance,
relative to the bus bench issue, they should be careful that a bench does not
have an imprint of the City of Anaheim on one side and a Seagrams or Marlboro
ad on the other. The bus shelters in the City are lit up with alcohol and
tobacco ads. He feels they do not want to become hypocrites in the things
they allow or do not allow.
Mayor Daly. One of the possibilities he had suggested before was to get input
from the Visitor & Convention Bureau and the Chamber of Commerce prior to
formally putting the item on the agenda. There is a regular monthly Council
Liaison meeting with two members of the Council and the Chamber. Perhaps the
issue could be an item for discussion at one of those meetings. This month
they are meeting with leaders of the Visitor & Convention Bureau on their
strategies for the next few years in keeping the tourist business healthy in
Anaheim. Perhaps as part of those meetings, the non-smoking issue could be
brought up as well.
114: PARAMEDICS PROGRAM~
Council Member Pickler. The Council received a report from Fire Chief Bowman
on the City's Paramedic fee program. There is a need to discuss the current
paramedic fees for residential homes and also businesses. He feels it is
necessary to place this on the agenda and discuss possibly increasing the
fees.
City Manager Ruth. Any increase in fees would require the normal advertising
process under the Bergeson Act. Staff will be coming back with specific
recommendations.
It was determined that this matter would be discussed at a later date.
ADJOURNMENT= By general consent the Council meeting was adjourned.
(7510 p.m.)
LEONORA N. SOHL, CITY CLERK
103