1997/03/11CITY OF ANAHEIM - CITY COUNCIL MINUTES
MARCH 11, 1997
The City Council of the City of Anaheim met in regular session.
PRESENT:MAYOR: Tom Daly
PRESENT:COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel, Lou Lopez
ABSENT:COUNCIL MEMBERS: None
PRESENT:CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
ASSISTANT CITY MANAGER: Dave Morgan
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY CLERK: Ann M. Sauvageau
PUBLIC WORKS DIRECTOR/CITY ENGINEER: Gary Johnson
COMMUNITY SERVICES DIRECTOR: Chris Jarvi
PUBLIC UTIL. GEN. MGR WATER SERVICE: Ed Alario
ZONING DIVISION MANAGER: Greg Hastings
POLICE INVESTIGATOR: Tom Engle
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:45 p.m. on
March 7, 1997 at the Civic Center Kiosk, containing all items as shown herein.
Mayor Daly called the Workshop portion of the Meeting of March 11, 1997 to order and welcomed those
in attendance (3:12 p.m.).
City Manager, James Ruth. This is the appointed time for a Workshop on the OCTA (Orange County
Transportation Authority) Major Investment Study. He introduced Gary Johnson, Public Works Director
and City Engineer who will introduce the subject matter. Representatives from OCTA are present to
make the presentation.
OCTA MAJOR INVESTMENT STUDY:
147: Gary Johnson, Public Works Director. He first referred to
the material submitted to the Council -- (1) Honk! Honk! Honk! Honk! Honk! - a brochure which outlined
all the transportation alternatives - Goals - Picture this in the Year 2015 - Features - Cost to Build -
Annual Cost to Operate which included a survey which had been disseminated asking what alternative(s)
the public prefers, (2) The Corridor Major Investment Study - Technical Results Update - January 13,
1997, 15 pages and, (3) Corridor Project: Major Investment Study - Orange County, CA - Draft
Evaluation Report Executive Summary - December, 1996, all made a part of the record. The Workshop
today is to give a briefing on some of the things the data submitted has to say, especially how to prepare
for the next millenium for transportation in central Orange County and to ask how the population wants to
travel in the future -- bus, car, train, light rail -- some of the things the Council believes the County needs
to establish as the future in transportation. The Public Works Department plans to bring to the City
Council on April 1, 1997, a recommendation which will be a “hybrid” alternative from those shown in the
material. There will be more discussion at that meeting and any input from the Council today will be
important. His staff has been working with other City departments and the Chamber of Commerce to try
to formulate a plan at staff level they feel works best for the City. He reiterated that recommendation will
be made on April 1. He then introduced Nancy Michali from the Orange County Transportation Authority
who will give a presentation today.
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MARCH 11, 1997
Mayor Daly. He explained that as Ms. Michali knows, he has heard the presentation previously and will,
therefore, be leaving the Chamber temporarily. He turned the meeting over to Mayor Pro Tem, Lou
Lopez.
Nancy Michali, Project Manager, OCTA. As Mr. Johnson explained, this issue is a very important one to
the City of Anaheim and Orange County. The Authority will be going back to the OCT Board on April 28,
1997 and would like to have Anaheim’s recommendation among the alternatives.
Mayor Daly left the Council Chamber temporarily (3:16 p.m.).
Ms. Michali then briefed the data submitted under the Corridor Major Investment Study - Technical
Results Update which was presented to the OCT Board in January and which subsequently was
disseminated for public comments. She briefed and elaborated upon the data contained on each of the
15 pages which covered the history of the Corridor (a 28-mile long, six-mile wide corridor between
Fullerton and Irvine - see maps contained in the material submitted) from 1990 to present, an
explanation of the Major Investment Study, the Corridor in the 90’s (more than 20 major activity centers,
826,000 residents, 737,000 workers, 4.7 million trips to, from and within the Corridor, 60% of all O.C.
trips), the Corridor in 2015, technical efforts (7 multi-modal alternatives identified and conceptual-level
engineering identified), technical results, an explanation of alternatives (1 through 7), the scope of public
involvement relative to the alternatives proposed/desired, and the next steps in the process.
At the conclusion of the presentation, Gary Johnson stated any discussion or comments the Council may
have is welcome today but also he and John Lower, Traffic and Transportation Manager can meet with
Council Members prior to April 1 when staff’s recommended alternative will be presented to the Council.
It is a very complex issue with a number of alternatives resulting from a study that has been ongoing for
some time. Staff will also make the Council aware of the date they are going to meet with the Chamber
Local and Labor Affairs Committee where a presentation will be made. A presentation has already been
made to another Chamber Committee. Staff wants to keep the Chamber well informed. He does not
know if the Chamber is taking an independent stand or not.
Council Member Tait. He aske for confirmation if OCTA is looking for a resolution from the Council on
what alternative the City recommends; Mr. Johnson answered, yes. He and John Lower have discussed
the matter at great length with OCTA staff, the Chamber, and some of the businesses in the City. He
reiterated it is likely that the recommendation to the Council will be a “hybrid” of the alternatives
presented that they believe would work best. Staff believes the alternative is something that makes
sense and fits with the Disney project, the Convention Center expansion, Sportstown, and the Stadium.
The presentation on April 1 will give staff an opportunity to discuss that with the Council but if the Council
would like to come in prior to that time to talk about it with staff, that would be fine.
Council Members then posed questions relative to some of the specifics of the plan/alternatives as well
as giving input for OCTA consideration.
Ms. Michali answered the questions posed; Council Member McCracken asked the next step in the
process of who determines if they adopt any or all (combination) of the plans.
Ms. Michali. There is starting to be a consensus around a menu of particular project elements, perhaps
two from one alternative, one from another and one from another. What they are going to do is model
that alternative with all of those components and see what the resulting travel time savings is, the
resulting costs and resulting benefits. Subsequently, they will identify some are immediate, mid term and
some very long term. OCTA will have that information in April.
Mayor Daly entered the Council Chamber (3:40 p.m.). He thanked Ms. Michali and staff for the
informative presentation.
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MARCH 11, 1997
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Closed Session noting first that there were no additions to
Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session.
1.CONFERENCE WITH LABOR RELATIONS:
Agency negotiator: Dave Hill
Employee organizations: AFA and AMEA
2.CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) EXISTING LITIGATION
Name of case: Amber Investment Company vs. City of Anaheim, Orange County Superior Court
Case No. 75-65-69.
3.CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) EXISTING LITIGATION
Name of case: Garabedian dba Western Mobile Telephone Company vs. LASMSA Limited
Partnership, Orange County Superior Court Case No. 72-11-44.
4.CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) EXISTING LITIGATION
Name of case: Tocher, et al., vs. Huntington Beach, et al., United States District Court Case No.
SACV-96-366 AHS (EEx).
5.CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) EXISTING LITIGATION
Name of case: City of Anaheim, et al., vs. Sony Corporation of America, Inc., Orange County
Superior Court Case No. 74-40-99.
6.LIABILITY CLAIMS:
Name of Claimant: Bob Landwehr
Agency claimed against: City of Anaheim.
7.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Initiation of litigation pursuant to subdivison (c) of Section 54956.9: 1 potential case.
RECESS:
Mayor Daly moved to recess into Closed Session. Council Member Lopez seconded the motion
MOTION CARRIED. (3:41 p.m.)
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MARCH 11, 1997
AFTER RECESS:
The Mayor called the meeting to order, all Council Members being present, and welcomed those
in attendance to the Council meeting. (5:17 p.m.)
INVOCATION:
Keith Kettenring, Calvary Baptist Church, gave the invocation.
PRESENTATION OF COLORS - FLAG SALUTE:
Presentation of the Colors and the Flag Salute was
performed by the Girl Scout Color Guard with participation by the following: Girl Scout Troop 737,
Anaheim United Methodist Church, Troop 285, John Marshall School - Brownie Troops 630 and 175,
Anaheim United Methodist Church, Troop 1181, Walt Disney School, and Troop 483, Clara Barton
School. Members of the Daisies also participated.
119: PROCLAMATION: The following Proclamation was issued by Mayor Daly and authorized
by the City Council:
Recognizing March 12, 1997 as the 85th Anniversary of Girl Scouts of the U.S.A.
Mayor Daly noted this was a special year for Girl Scouting. He read the Proclamation and then
presented it to Sheila Harel on behalf of the Scouts and representatives (Scouts, Brownies, Daisies) who
were present along with their leaders.
Sheila Harel accepted the Proclamation. She is the Public Relations Director for the Girl Scouts of
Anaheim and works with Sarah Alavizon. Also present was Liz Cason, a member of the Girl Scout
Orange County Board. Mrs. Harel noted that there are over seven million Girl Scouts in the United
States with 2,600 in the City of Anaheim. They have provided 85 years of service, friendship and fun -
honesty, fairness and respect for themselves and others.
Mayor Daly and Council Members congratulated the representatives and also the contingent of Girl
Scouts, Brownies and Daisies who were present for the presentation.
PRESENTATION - GRAFFITI REWARD:
119: Presentation of a Graffiti Reward in the amount of $500
to Miguel Hernandez.
John Poole, Code Enforcement Manager. It is a pleasure to introduce Miguel, a 12-year old, 7th grader
and a six-year Anaheim resident who is the youngest Graffiti Reward recipient of the 400 the Council has
authorized since the passage of the ordinance. Mr. Poole explained that Miguel saw the graffiti vandal
spraying an apartment building. He gave the information to the owner and that information led to the
arrest and conviction of a graffiti vandal. Miguel is a brave and courageous individual and a great citizen
of the Anaheim community.
Mayor Daly. It is his honor to present the $500 check on behalf of the Council, and the citizens of
Anaheim. The Mayor and Council Members commended Miguel for his courageous and responsible
action. The Mayor also thanked the Code Enforcement Manager and his department for continuing to
promote the City’s anti-graffiti programs city wide.
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MARCH 11, 1997
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
1. PROCLAIMING March 16 - 22, 1997, as California Mediation Week in Anaheim.
FINANCIAL DEMANDS AGAINST THE CITY
in the amount of $2,694.608.28 for the period ending
March 3, 1997 and $1,810,413.70 for the period ending March 10, 1997, in accordance with the 1996-97
Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing
Authority meetings. (5:37 p.m.)
Mayor Daly reconvened the City Council Meeting ( 5:45 p.m.)
ADDITIONS TO THE AGENDA: There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST: No items of public interest were addressed.
PUBLIC COMMENTS - AGENDA ITEMS:
Public input was received on Item A21 and also commented on concern with recent Police activities.
(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 March 11, 1997. Council Member Lopez seconded the motion. MOTION
CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR:
On motion by Mayor Daly, seconded by
Council Member Lopez, 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 Resolutions Nos. 97R-23 through 97R-28, both inclusive, for adoption. Mayor Daly offered
Ordinance No. 5591 for adoption. Refer to Resolution/Ordinance Book.
A1.118: Rejecting and denying certain claims filed against the City. Referred to Risk Management.
The following claims were filed against the City and actions taken as recommended:
a. Claim submitted by Wendy Crommelin for property damage sustained purportedly due to
actions of the City on or about January 8, 1997.
b. Claim submitted by Sheila Tecleschi for property damage sustained purportedly due to
actions of the City on or about January 16, 1997.
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MARCH 11, 1997
A2.105: Receiving and filing minutes of the Golf Advisory Commission meeting held January 23,
1997.
105: Receiving and filing minutes of the Senior Citizens Commission meeting held December
12, 1996.
105: Receiving and filing minutes of the Community Services Board meeting held January 9,
1997.
105: Receiving and filing minutes of the Anaheim Private Industry Council meeting held January
23, 1997.
105: Receiving and filing minutes of the Community Redevelopment Commission meetings held
December 11, 1996, and December 18, 1996.
114: Receiving and filing Resolution No. 3346 of the City Council of the City of Westminster
opposing the Orange County Transportation Authority’s designation as the Metropolitan Planning
Organization for Orange County.
178: Receiving and filing Resolution No. 3347 of the City Council of the City of Westminster
opposing the consolidation of the Orange County Water District with other water districts.
A3.123: Approving Agreement No. C-97-476 with the Orange County Transportation Authority to
reimburse the City for actual costs for the Lincoln Avenue Median Islands construction
improvements; and authorizing the Mayor and City Clerk to execute said Agreement.
A4.158: To consider finding and determining, in accordance with Section 1222 of the City Charter,
that the proposed sale of a portion of Sage Park is in the best interest of the City; accepting the
offer received by the Annunciation Byzantine Catholic Church in the amount of $30,900; and
authorizing the Mayor and City Clerk to execute the Grant Deed.
City Manager Ruth. Staff has requested withdrawal of this item at this time. There is some discussion
yet to be done on the appraised value. Staff will be coming back with a recommendation at a later date.
Mayor Daly. When the item came up previously (see minutes of 11/5/96) he asked for staff’s thoughts
on integrating Sage Park into the proposed church complex adjacent to one of the baseball diamonds at
Sage Park -- thoughts as to how to integrate the parking and to work out a solution so that the ball field
might be more accessible. He does not know if that is possible or not as part of the church development.
It seems that the existing situation is less than ideal and perhaps they should look at some alternatives.
City Manager Ruth. Staff will take a look at that before coming back on this item.
A5.158: Approving the Acquisition Agreement of real property for 1780 Ninth Street Right-of-Way
5180-78 (Katella Avenue Smart Street Improvements Project); authorizing the Mayor and City
Clerk to execute said Agreements; authorizing the acquisition payment of $158,000 to Grover
Escrow; and authorizing relocation payments in accordance with the relocation plan developed
for the project, and the State Relocation Assistance Act not to exceed $20,000.
A6.158: Approving the Acquisition Agreement of real property for 1779 Norfolk Lane/Right-of-Way
5180-83 (Katella Avenue Smart Street Improvements Project); authorizing the Mayor and City
Clerk to execute the Agreements; authorizing the acquisition payment of $166,000 to Grover
Escrow; and authorizing relocation payments in accordance with the relocation plan developed
for the project, and the State Relocation Assistance Act not to exceed $20,000.
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MARCH 11, 1997
A7.123: Approving Street Lighting Utility Agreement No. 12-UT-496 for the SR-91 HOV Project,
SR-91/SR-57 Interchange Segment; and authorizing the Mayor and City Clerk to execute said
Utility Agreement on behalf of the City of Anaheim.
A8.167: RESOLUTION NO. 97R-23: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING A CERTAIN STREET OR PORTION THEREOF INTO THE CITY
STREET SYSTEM. (NORTH WEST CORNER OF HARBOR BOULEVARD AND KATELLA
AVENUE - 611 KATELLA AVENUE.)
A9.160: Accepting the low bid of USCO Power Equipment Corporation, c/o Banes Associates, in
the amount of $21,848 for four 69KV 1200 AMP Disconnect Switches for Clair Substation, in
accordance with Bid #5626.
A10.160: Accepting the alternate low bid of Scott Engineering, Inc., in the amount of $26,857 for one
12.47 KV metal enclosed capacitor bank for Clair Substation, in accordance with Bid #5624.
A11.160: Accepting the low bid of ELC Electric, Inc., in the amount of $35,000 for the fabrication,
wiring and installation of a 12KV relay rack for Hannum substation, in accordance with Bid
#5633.
A12.160: Accepting the low bid of General Pump Company, in an amount not-to-exceed $36,372.74
for the repair of Well #36.
A13.160: Accepting the low bid of Southwest Coatings, Inc., in the amount of $38,700 for arena
exterior painting project at the Convention Center, in accordance with Bid #5628.
A14.160: Accepting the low bid of R.C.R. Concrete Company, in an amount not to exceed $55,154
for the removal and replacement of asphalt concrete at the Convention Center, in accordance
with Bid #5623.
A15.160: Accepting the low bid of P.D. Incorporated, in the amount of $70,225 for installing a
waterproofing and insulating system for the Arena Metal Dome roof at the Convention Center, in
accordance with Bid #5621.
A16.160: Accepting the low bid of Roy Allan Slurry Seal, Inc., in an amount not to exceed $276,145
to apply slurry to Anaheim’s road surfaces, for a period of one year beginning April 1997, with
options to renew for an additional three years, in accordance with Bid #5630.
A17.123: Approving the terms and conditions of the eighth amendment to the agreement with
Eberhart and Stone, the City’s geotechnical consulting firm in the Santiago Landslide.
A18.123: Approving a First Amendment to the Canyon Hills Junior Athletic Association and Canyon
Hills Girls Softball Concession Agreement changing all references to Canyon Hills Bobby Sox to
Canyon Hills Girls Softball.
A19.152: Designating the Director of Community Services as the authorized representative for the
City of Anaheim to sign necessary “Application and Permit” request forms for use of the Orange
Unified School District’s school facilities.
A20.150: Accepting the park improvements from Baldwin Building Contractors for the first phase
development of Toyon Park.
158: RESOLUTION NO. 97R-24: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING A CERTAIN DEED CONVEYING A CERTAIN REAL PROPERTY OR
INTEREST THEREIN TO THE CITY OF ANAHEIM (TOYON PARK, PHASE I).
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MARCH 11, 1997
A21.174: Approving the FY 1997-98 funding requests for federal CDBG, HOME and ESG funding,
and authorizing the Executive Director of the Community Development Department to prepare
and execute the required documents. (Continued from the meeting of February 25, 1997, Item
A15.).
The following people then spoke to the proposed allocations and gave comments on other issues of
community concern:
Esther Wallace, Magnolia School District Board Trustee. She submitted memorandum dated March 11,
1997 to Anaheim City Council Members, Re: Kids in Action Program request under CDBG (made a part
of the record). She read the memorandum which gave the background and her justification for support
of the Kids in Action Program for the Magnolia School District in West Anaheim using CDBG funds (The
program is not proposed to be funded).
Gladys Payne, Anaheim resident for 25 years (84 years old). She is very much in need of transportation
to her doctor. The volunteer organization, FISH of Anaheim, came to her aid for 2 1/2 years until they
went under because of lack of funds. She hopes the Council can give this wonderful service to the
seniors of Anaheim.
Phyllis Greenberg, Chair for West Anaheim Better Businesses and Concerned Citizens
(WABBCC). She is speaking in favor of the $200,000 proposed allocation for the CDBG funds for the
Redevelopment Study and also the $63,000 for Code Enforcement. Her organization is in favor of both.
They have been working with the City for about three years to clean up the situation on Beach Boulevard
and Lincoln and are proud of what has occurred. They have cleaned up the situation but the
“infrastructure” that created the problems initially is still in place. She reiterated their support for the
recommended allocations.
Seferino Garcia, 121 S. Walnut St., Anaheim. He expressed his concern relative to some of the
allocations that are recommended to be funded as well as administrative costs. He also felt that there
was a lack of fairness in allocations to certain neighborhoods with some neighborhoods getting a large
amount of funding while the needs in other neighborhoods were getting little or no funding. He also took
issue with an estimate of $1.4 million (Item 77 under CDBG funding requests - public facilities but no
funding recommended) for the construction of a gym at the planned Ross Park which he feels is way too
high. There is not one public gym in the City. One is going to be built downtown at the Community
Center but there is a need for public gyms in their area (Betsy Ross School - South Anaheim
Neighborhood).
Connie Rodriguez, 717 W. Sumac Lane, Anaheim. She supports what Mr. Garcia said about fairness to
neighborhoods. They do not want to be left out. The money is going for good reasons but not for their
reasons.
Rudy Escalante, 710 S. Philadelphia, Anaheim. He is Chairman of a National Veterans family oriented
organization. He is in support of Mr. Garcia. He has been working with him trying to implement what
should have been done 20 years ago. He urged the Mayor and Council to strongly consider building the
gymnasium in West Anaheim. With a population of 300,000 and thousands of youth, the gym to be built
in downtown is not enough for the City. He urged the Council to support the project (the gymnasium at
Ross Park) because it is needed in Anaheim.
Sonny Balderama, 920 N. Fern, Anaheim. He came to the microphone and announced his name and
then Alfredo Miranda, 600 N. Clementine spoke. He is a representative from United Neighborhoods
Concerned Citizens. He has heard from other parents and representatives regarding the youth
especially the Hispanic youth to divert gang and drug activities. They would like to form some type of
committee to work together -- Police Department, Council and City Manager’s Office -- to get the
probationary time and grade point up so that the youth can be rehabilitated into the public high schools.
They need community centers. He asked the Council to take that into consideration.
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MARCH 11, 1997
Jessica Castro, 221 N. Coffman St., Anaheim. She is addressing the Council on behalf of the United
Neighborhoods organization. She then submitted and subsequently read letter dated March 11, 1997 to
the Mayor and City Council Members from United Neighborhoods and Supporters. The letter relayed an
incident which occurred at Little People’s Park in November of 1996 and alleged that there was
indiscriminate photographing of community members by Police. In closing, the letter called for the
establishment of a civilian Police Review Board. She stated there is a dire need for such a board. They
are committed to staying organized and requesting this over and over again as long as it is needed as
well as to making documentation until it becomes a reality in the City.
Alfonso Rodriguez, 226 E. Vermont St., Anaheim. He supports Mr. Garcia’s request for an open
gymnasium in Anaheim. It will keep kids off the street and keep the crime rates down. It would be a
benefit to all the young kids and the future of Anaheim.
Richard Castillo, 231 W. Chateau, Anaheim. He explained an incident that occurred 13 years ago which
involved his son and the Police and his contention that the Police beat his son. (See letter dated March
11, 1997 to the City Council from Richard and Carmen Castillo - made a part of the record). He feels
this type of thing is still going on and and needs to be stopped. They are not against the Police
Department but feel issues involving the Police have to be addressed.
Julia Compos, 1220 W. Beacon Avenue, Anaheim. They need a center and a park instead of wasting
money with Police taking pictures of their children. (Later in the meeting, she spoke again and relayed
another incident that took place involving the Police).
Steve Delgadillo, former resident of Anaheim and former employee of the City in the Gang and Drug
division out of the City Manager’s Office. His presentation revolved around his contention that there
needs to be and this is the time for cultural competency training for the Police. There is a need to build a
trust between the community and the Police. Effective urban Police accountability and oversight are
necessary for a community’s law enforcement system to work lawfully and well and funding is required
now. CDBG funds are one source and the City’s General Fund is another as well as funding from major
corporations. United Neighbors is still gathering research and complaints and different models that are
successful in bridging the community and the Police. Ultimately a (Police) Review Board is the goal and
it is necessary.
Sancho Rivera, South Neighborhood Area. It is important to get the gym so that the youth can get
involved. He is part of the Boxing Club and it keeps him away from negative things.
Bob Mendoza, Huntington Beach, Attorney. He has been consulting with members of the group the
Council has been listening to. He would like to clarify a couple of things. The people who have been
photographed (by the Police) without their consent or without obtaining waivers, do not have criminal
backgrounds. He hopes the Council has been listening and will take the opportunity to extend their hand
to these people because during the course of his investigations for the group, he has been turning up
incidents of misconduct and inappropriate behavior by the Police. They are part of the problem that
needs to be addressed. He reiterated, these people have a lot of things to say and good points to make
and are at their wits end.
A young person then spoke (name unintelligible) who stated she resided at 170 W. Juanita, Anaheim.
She spoke relative to the need for bus transportation to get to school (Katella and South Junior High) not
only because of the distance, but also because of weather and possible dangers. She was accompanied
by several youngsters including a young man on crutches, Augustine (see minutes of 2/25/97 where he
spoke relative to the need for bus transportation) who cannot get to school because of his accident.
Council Member Lopez. He asked if the youngsters had talked to the School District to see if the high
school will provide the transportation especially for the handicapped. He encouraged them to have their
parents call the School District and gave them the Superintendent’s number (999-3501). He suspects
the transportation should be provided for those who need it especially for the handicapped.
Mayor Daly. This is the City government and the City government does not directly provide
transportation for school children. It is the School District’s area of responsibility.
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MARCH 11, 1997
Luis Lopez, 1215 N. Dresden, Apt. 8, Anaheim. He supports the gym at Betsy Ross to help keep
teenagers out of trouble.
Mayor Daly. The Council received a response from staff on some of the questions raised on this item
two weeks ago (see minutes of 2/25/97). Citizens had raised concerns regarding allocations
recommended under CDBG and related funding. Perhaps staff would like to comment on some of the
issues raised this evening regarding Block Grant allocations, for instance, the gymnasium at Ross Park.
There is an allocation to begin the process of purchasing the land for Ross Park. He asked for a
comment on the gymnasium request as well.
Lisa Stipkovich, Executive Director of Community Development. Overall, they have spent many hours
with the CDAB (Community Development Advisory Board), the City Manager’s Office, and Neighborhood
Councils. All recommendations were examined thoroughly one by one. On the Block Grant list, Item 59
which is land acquisition and park development, the $470,000 on an annual basis is actually a loan
payment which results in two parks being created -- one in the Citron Neighborhood, and the other one
called, Ross Park next to Betsy Ross School. It relates to a payment of a loan currently pending called a
Section 108 loan which would give the effect of about $2.5 million going towards the Ross Park
acquisition and the development of that park for recreation uses as well as a neighborhood center. Chris
Jarvi will respond to the specific issue of the gymnasium.
Chris Jarvi, Director, Community Services. Regarding the gymnasium, staff did not support the South
Anaheim Neighborhood Council for a gym at Ross Park. The site is not big enough to accommodate a
gym. It would take up the majority of the park as well as the parking. More importantly, within that one-
mile radius, there are four gyms planned or developed -- the downtown gym, Ball Jr. High School,
Anaheim High School and Loara High School. There are also additional gyms in West Anaheim. It is
not a problem of gyms, but having the work hours to keep them open at the time periods the youth need
them. He tried to talk to the South Neighborhood Council about the need to ask for funding to keep the
gyms open as opposed to building new gyms.
Mayor Daly. He referred to Mrs. Wallace’s comments about the Kids in Action Program.
City Manager Ruth. They recognize this was not recommended for funding. In the budget hearing with
Parks and Recreation it was indicated this item be put it in as a supplemental budget item to be
discussed as they wrap up the budget. It will take about $50,000 to $60,000 to fund the program. It will
be considered a high priority as they prepare to wrap up the budget and will be a part of the budget
discussions in May and June.
Mayor Daly. He stated that the $63,000 proposal for a Kids in Action Program as requested by Mrs.
Wallace will be evaluated again as part of the regular Parks and Recreation budget for the coming year
with the budget to be available sometime in mid May; James Ruth. That is correct.
Council Member Lopez. His concern was relative to Code Enforcement in West Anaheim which he feels
is very important noting the effectiveness in the Haster/Orangewood Area. All his questions and
concerns have been answered. He is glad there is funding for the graffiti program as well. They are
trying to spread out the money and reach as many groups and organizations as possible.
Mayor Daly. There was a request two weeks ago (see minutes of February 25, 1997) regarding the
program recently established at Martin Luther Hospital by the Anaheim Religious Council, the Interfaith
Volunteer Caregivers (IVC). The Council asked the City Manager’s Office to respond to the points
raised. The City Manager’s Office did respond and reaffirmed the committee’s recommendation not to
fund the program at this time. He is suggesting as part of approving the recommended package, and he
does support the recommended package brought to them after so much evaluation and scrutiny by the
CDAB, but feels the IVC program is worth a second look in trying to find a mechanism to keep it alive
and in place. It performs many services in the community. The number of persons served as of the time
the applications were processed were not as high as they are now. New programs have a difficult time
competing against established programs because of the cost/benefit analysis. He asked staff for any
comments or suggestions to help keep the program alive at Martin Luther Hospital. Perhaps the
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MARCH 11, 1997
Community Services Agencies allocation process which is upcoming is one way. He asked the
milestones for that funding program.
Chris Jarvi. They have now incorporated both of those processes together. The Community Services
Agencies funding is being done at the same time as Block Grant. His understanding is that no funding is
allocated from either one of those funding sources for the program. They can take it back to the CSB
and have them look at it again with the Mayor’s input. The General Fund allocation for the Community
Services Agencies is $139,000. That fund is not indicated in the spread sheet the Council has. It was
contained in a separate sheet submitted about a month ago. The Council will approve it as part of the
budget process.
Mayor Daly asked if the IVC out of Martin Luther Hospital applied for those funds as well; from the
audience, June Lowry, Chairman of CDAB (and member of the Community Services Board) stated that
they did not apply.
Mayor Daly. The budget is a couple of months away. In previous years, it has been confusing to have
the Community Services Agencies recommendations brought to them as part of the budget package. It
would be helpful to have it somewhat separate. They can allocate the overall amount in the budget but
then have the specific allocations a few weeks later. He asked if there was any support in asking staff to
take a second look at the MLH program.
Council Member Zemel. As long as it is out of the new “pot” of money. He recognizes this is a startup
organization but it is already on line helping a great number of people. He would like them to be part of
the next process and could support that.
Mayor Daly. He appreciates the work of all the citizens who were involved in helping to make the
recommendations and bringing them forward.
At the conclusion of the Consent Calendar, this item (A21.) was approved as recommended.
(See Memorandum dated February 25, 1997 to the City Manager/City Council from the Community
Development Department.)
A22.150: ORDINANCE NO. 5591: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTER 13.08 OF TITLE 13 OF THE ANAHEIM MUNICIPAL CODE BY ADDING SECTION
13.08.110 DESIGNATING ALL PUBLIC PARKS WITHIN ANAHEIM AS DRUG-FREE ZONES.
(INTRODUCED AT THE MEETING OF FEBRUARY 25, 1997, ITEM A16.)
A23.173: RESOLUTION NO. 97R-25: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CONCERNING INTERVENTION IN SUPPORT OF ORANGE COUNTY IN
LITIGATION CHALLENGING THE COUNTY’S ENVIRONMENTAL IMPACT REPORT AND
BASE REUSE PLAN FOR THE EL TORO MARINE CORPS AIR STATION.
A24.123: Approving the Joint Agreement for the Implementation and Operation of the Orange
County Automated Fingerprint and Identification System, and authorizing and directing the Chief
of Police to execute said Agreement.
A25.106: Amending the FY 96/97 budget by appropriating funds in the amount of $105,250 from the
Narcotic Forfeiture Fund to the Police Department’s Expense Account #204-309-2255-9705.
A26.113: RESOLUTION NO. 97R-26: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEARS OLD. (ANAHEIM FIRE DEPARTMENT.)
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MARCH 11, 1997
A27.175: RESOLUTION NO. 97R-27: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING SUBMITTAL OF AN APPLICATION FOR AND ACCEPTANCE OF A
GRANT FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR A
USED OIL RECYCLING PROGRAM; AND AUTHORIZING THE PUBLIC UTILITIES GENERAL
MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO IMPLEMENT THE
PROGRAM.
A28.175: RESOLUTION NO. 97R-28: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REPEALING RULE 21 OF THE ELECTRIC RATES, RULES AND REGULATIONS
FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AS ADOPTED BY RESOLUTION NO.
71R-478 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 95R-120. (ELIMINATION
OF SWIMMING POOL OFF-PEAK FILTRATION - SWIMMING POOL TRIPPER PROGRAM,
EFFECTIVE MAY 1, 1997.)
A29.178: RESOLUTION NO. ----- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM OPPOSING CONSOLIDATION OF THE ORANGE COUNTY WATER DISTRICT
WITH OTHER WATER DISTRICTS.
Council Member Zemel. His concern is the type of recommendation and the wording. It is not the type
of wholesale recommendation he is interested in. As a former Water Board Member, he realizes the
significance of Anaheim having its own person appointed. He would like to have the view of the City’s
appointee. He feels the recommendation sends an improper message that the City is not willing to look
at anything and that the Orange County Water District (OCWD) is a “sacred cow”.
Ed Alario, Assistant General Manager, Water Services. It has nothing to do with the appointed or
elected representatives of OCWD. What they are saying, they do not wish the Water Master to become
a wholesale agency that would be all encompassing. The original Pringle Bill included that. He (Pringle)
has excluded OCWD from the Bill at this time. He then explained the position in more detail.
Council Member Zemel. He cannot disagree with the concept but the statement. It is uncomfortable
verbiage for him. He feels if they lead with this kind of statement, it will attract attention.
Mayor Daly. He recommended that they suggest some clarification this evening or as an alternative ask
staff to bring back language that clarifies and focuses on some alternate language.
Council Member Tait. He feels it is premature to say they won’t consolidate with any water company. It
would make more sense to look at specific proposals at that time and then to see whether it makes sense
or not.
Mayor Daly. It appears OCWD has encouraged many of its member agencies to pass resolutions to this
effect. He asked what the impact would be if the matter was continued one week or three weeks; Ed
Alario. He feels another week would be no problem.
Additional discussion followed relative to the issue during which Council Member Lopez stated he did not
see any problem with the recommendation and was ready to vote tonight; Council Member Zemel asked
for a one-week continuance.
MOTION. Council Member Zemel moved that this item (A29.) be continued one week. Council Member
Tait seconded the motion. MOTION CARRIED.
A30.114: Approving minutes of the Anaheim City Council meetings held February 11, 1997, and
February 25, 1997.
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MARCH 11, 1997
Roll Call Vote on Resolution Nos. 97R-23 through 97R-27, both inclusive, for adoption:
AYES:MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:MAYOR/COUNCIL MEMBERS: None
ABSENT:MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 97R-23 through 96R-27, both inclusive, duly passed and adopted.
Roll Call Vote on Ordinance No. 5591 for adoption:
AYES:MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:MAYOR/COUNCIL MEMBERS: None
ABSENT:MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5591 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
MOTION TO RECESS. Mayor Daly moved to recess for five minutes. Council Member Tait seconded
the motion. MOTION CARRIED. (6:57 p.m.)
After Recess: Mayor Daly called the meeting to order, all Council Members being present (7:15 p.m.).
ANAHEIM HOUSING COMMISSION:
A31.105: Submitted was letter dated February 6, 1997 from
Carol Rudat indicating that she is no longer a resident of Anaheim.
MOTION. Mayor Daly moved to accept the resignation of Carol Rudat from the Housing Commission
and directing the City Clerk to post a notice of vacancy (term expiring 6/30/99). Council Member Tait
seconded the motion. MOTION CARRIED
ORANGE COUNTY VECTOR CONTROL DISTRICT:
A32.105:
Appointment to the Orange County Vector Control District to fill the vacancy of Mr. Leonard
Lawicki.
City Clerk Sohl. She placed this item on the agenda hoping to have one or two applications for Council
consideration but has not received any applications as of this date. Her office will continue to recruit for
the position and will place the item back on the agenda when applications are received.
MOTION. Mayor Daly moved to continue the subject appointment until applications are received from
those interested in serving on the Vector Control Board. Council Member Zemel seconded the motion.
MOTION CARRIED.
13
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MARCH 11, 1997
ITEMS B1 - B3 FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 19, 1997:
INFORMATION ONLY - APPEAL PERIOD ENDS MARCH 13, 1997:
CONDITIONAL USE PERMIT NO. 3901 AND NEGATIVE DECLARATION:
B1.179:
OWNER: F.J. HANSHAW ENTERPRISES, INC., 10921 Westminster Avenue, Garden Grove,
CA 92843
AGENT: GEORGE CASTO, 10921 Westminster Avenue, Garden Grove, CA 92843
LOCATION: 1112 North Brookhurst Street (Super Jahan Market). Property is approximately
0.91 acre located north and east of the northeast corner of Brookhurst Street and La Palma
Avenue.
To permit a 1,460 square-foot expansion of an existing convenience market.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3901 GRANTED (PC97-15) (6 yes votes, 1 absent).
Approved Negative Declaration.
Council Member Lopez asked if they took into consideration the parking situation since the shopping
center is relatively small.
Greg Hastings, Zoning Division Manager. Actually, they are expanding into another group of units so
they will be utilizing the existing square footage. The parking requirements are the same as what has
been allocated. There is not additional demand.
CONDITIONAL USE PERMIT NOS. 1594 AND 3421 CATEGORICALLY EXEMPT,
B2.179:
CLASS 21:
OWNER: ANDREW LUI, 1458 James Way, Anaheim, CA 92801
AGENT: EVERANDO GODOY, 26851 Bridgewood Drive, Laguna Hills, CA 92653
LOCATION: 500 North Brookhurst Street (La Estrella Restaurant). Property is approximately
1.2 acres located at the northeast corner of Alameda Avenue and Brookhurst Street.
City-initiated (Police Department) request to consider the revocation or modification of
Conditional Use Permit No. 1594 (to permit a restaurant with on-premises sale and consumption
of alcohol with waiver of minimum structural setback) and Conditional Use Permit No. 3421 (to
permit a public dance hall).
ACTION TAKEN BY THE PLANNING COMMISSION:
Modified Conditional Use Permit Nos. 1594 and 3421 for a period of six months (to expire
8/19/97) (CUP NO. 1594 - PC97-16 and CUP NO. 3421 - PC97-17).
A letter of appeal of the Planning Commission's decision dated February 20, 1997 was submitted by
John B. Casoria, Attorney for the Applicant.
City Attorney White. If the Council takes no action on this item, it will be set for a Public Hearing on April
1, 1997. This is Council’s opportunity, if they choose, to refer the matter to a Hearing Officer to conduct
a hearing and report back. There have been between four and six similar items that have come to the
Council on appeal and, in the past, Council indicated the desire to refer the matter to a Hearing Officer.
Mayor Daly. He feels the process has worked well in the past couple of years. He feels they should
follow staff’s recommendation.
MOTION. Mayor Daly moved to refer the appeal of the Planning Commission’s decision in this matter to
a City Attorney appointed Hearing Officer who will hear the appeal and make a subsequent
recommendation to the Council. Council Member Zemel seconded the motion. MOTION CARRIED.
14
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MARCH 11, 1997
REPORT AND RECOMMENDATION ITEM:
CONDITIONAL USE PERMIT NO. 3534 - REQUEST FOR SUBSTANTIAL
B3.179:
CONFORMANCE:
LOCATION: 3210 West Lincoln Avenue (McDonald’s).
Dolan Construction Company, 3002 Dow Avenue, Suite 114, Tustin, CA 92680, requests
determination of substantial conformance to permit the expansion of a previously-approved
outdoor/dining play area.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined to be in substantial conformance with previously-approved plans.
END OF THE PLANNING COMMISSION ITEMS.
B4.179: ORDINANCE NO. 5592: Amending Title 18 to rezone property under Reclassification No.
93-94-03 located at 6270 East Santa Ana Canyon Road from the RS-A-43,000 zone to the CL
zone (a portion of the S. A. V. I. Canal). (Introduced at the meeting of February 25, 1997, Item
B4.)
Mayor Daly offered Ordinance No. 5592 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5592: AN ORDINANCE OF THE CITY OF ANAHEIN AMENDING TITLE 18
TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 93-94-03 LOCATED AT 6270
EAST SANTA ANA CANYON ROAD FROM THE RS-A-43,000 ZONE TO THE CL ZONE (A
PORTION OF THE S. A. V. I. CANAL).
Roll Call Vote on Ordinance No. 5592 for adoption:
AYES:MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:MAYOR/COUNCIL MEMBERS: None
ABSENT:MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5592 duly passed and adopted.
B5.179: RESOLUTION NO. 97R-29: A Resolution Of The City Council Of The City Of Anaheim
Amending Resolution No. 96R-207, Nunc Pro Tunc, Relating To Zoning.
Mayor Daly offered Resolution No. 97R-29 for adoption. Refer to Resolution Book.
RESOLUTION NO. 97R-29: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 96R-207, NUNC PRO TUNC, RELATING TO
ZONING
Roll Call Vote on Resolution No. 97R-29 for adoption:
AYES:MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:MAYOR/COUNCIL MEMBERS: None
ABSENT:MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 97R-29 duly passed and adopted.
15
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MARCH 11, 1997
179: ORDINANCE NO. 5593: (INTRODUCTION) Amending Title 18 to rezone property under
Reclassification No. 95-96-04 located on the north west corner of Santa Ana Canyon Road and
Maude Lane from the RS-A-43,000 (SC) zone to the CO(SC) zone.
Mayor Daly offered Ordinance No. 5593 for first reading. Refer to Ordinance Book.
ORDINANCE NO. 5593: ON ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18
TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 95-96-04 LOCATED ON THE
NORTH WEST CORNER OF SANTA ANA CANYON ROAD AND MAUDE LANE FROM THE
RS-A-43,000 (SC) ZONE TO THE CO(SC) ZONE.
ITEM B6 FROM THE ZONING ADMINISTRATOR MEETING OF FEBRUARY 27, 1997:
DECISION DATE: MARCH 6, 1997
INFORMATION ONLY - APPEAL PERIOD ENDS: MARCH 17, 1997
SPECIAL CIRCUMSTANCE WAIVER NO. 97-01:
B6.179:
REQUESTED BY: MARRIOTT HOTEL, ATTN: B.F. SNAVELY, GENERAL MANAGER. 700
West Convention Way, Anaheim, CA 92805
LOCATION: 700 West Convention Way.
Petitioner requests outdoor conferences including tents in the north parking lot.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Special Circumstance Waiver No. 97-01 APPROVED to conduct twelve special events in
addition to the four permitted by Code, for a total of sixteen special events during the 1997
calendar year.
Mayor Daly. He assumes the waiver is for 1997 only.
Annika Santalahti, Zoning Administrator. She answered, yes. It is for the calendar year only and they
did discuss at the meeting that they may wish to process a use permit to allow these outdoor activities in
connection with concessions and other activities at the Marriott
PUBLIC HEARING - DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY
D1.179:
NO. 97-01 - CATEGORICAL EXEMPTION SECTION 15061(b)(3):
OWNER: JAD HARB, 318 N. Brookhurst Street, Anaheim, CA 92801
LOCATION: 318 North Brookhurst Street (Calimex Market).LOCATION: 318 North Brookhurst
Street (CALIMEX MARKET). Property is approximately 0.23 acre located at the southeast
corner of Brookhurst Street and Catalina Avenue, and further described as 318 N. Brookhurst
Street.
Petitioner requests determination of public convenience or necessity to upgrade an existing Type
20 (beer and wine) Alcoholic Beverage Control license to a Type 21 (general liquor) license to
permit retail sales of alcoholic beverages for off-premises consumption in conjunction with an
existing convenience market.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determination of Public Convenience or Necessity No. 97-01 DENIED
(PC97-3) (7 yes votes).
16
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MARCH 11, 1997
HEARING SET ON: A letter of appeal of the Planning Commission decision was submitted by the the
owner, Jad Harb, 318 N. Brookhurst Street, Anaheim, Ca. 92801. Informational item at the meeting of
January 28, 1997, Item B3.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - February 27, 1997.
Mailing to property owners within 300 feet - February 27, 1997.
Posting of property - February 28, 1997.
STAFF INPUT:
See staff report to the Planning Commission dated January 6, 1997.
Mayor Daly. Before proceeding, he had earlier mentioned he must fly to the East Coast on City business
and since it is getting close to his flight departure, he is going to ask Mayor Pro Tem Lopez to conduct
the meeting at this point. He apologizes if his departure causes any problem with the remaining items
but it is unavoidable at this time.
Mayor Daly left the Council Chamber (7:21 p.m.).
Greg Hastings, Zoning Division Manager. He briefed the proposal as outlined in staff report to the
Planning Commission dated January 6, 1997. The Planning Commission denied the request for several
reasons. The Police Department recommended denial based on their statistics. Community
Development was concerned that granting of the request was contrary to cleanup goals of the Brookhurst
Redevelopment Area. The property is in a residential neighborhood and across Brookhurst from a pre-
school which has 70 children. The approval of the request would intensify the legal, non-conforming use
which has no C.U.P.
APPLICANT’S STATEMENT: Robert Manuel. He represents the owners of Calimex. His clients felt
they were not given a “fair shake” at the Planning Commission hearing. They were misled by people
who came into the store who told them that it looked like they had a good chance of getting their license
and did not see anything objectionable. The crime rate attributable to the area is not caused by them.
The Redevelopment Area is widely encompassing. The statistics can be added to any portion of the
area. They have been in business 28 years and have had stores with a type 21 license off-premises
sale. The school does not face the store. There have never been any calls to the Police or records of
calls caused by the store or clientele. The number of licenses in the area was based on type 20 and type
21. They are requesting an upgrade to a type 21 license. Staff made a general blanket of licenses just
to deny it. It appears there will be only three or four in the area. The nearest liquor store is about 1 1/2
miles away. Customers have commented about the necessity and convenience for them to have a type
21 license so they do not have to travel. They own the property so they take care of it. Eight people are
employed in the store. The owner plans to stay there. He has stores in Huntington Beach, Los Alamitos,
Santa Ana, and now in Anaheim. He summarized the main factors of the appeal is the crime rate which
is unfair and not correct, the number of licenses in the area with type 20 and 21 licenses lumped
together, and the school factor
Investigator, Tom Engle. When the Police take into account the off-sale beer and wine and off-sale full
general, it is not broken down. His records and those of the ABC reflect six licenses currently assigned
to that area with four allowed. The crime rate is currently 92% above average and the Police
Department cannot see that going down by the addition of another liquor license.
Council Member Tait. He asked if the crime rate has to be attributable to that store; Mr. Engle answered,
no, but the entire area. He also clarified for Council Member Tait that the crime rate to the store is not
relevant.
17
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MARCH 11, 1997
Mr. Manuel. In terms of the crime rate, since his clients have taken over the store, they have cleaned up
the corner, there have been no calls to that location. There are no problems. They cooperated with the
Police, removed the phones on the corner, there are no video games and they are planning to put the
liquor behind the counter where it is not accessible to eliminate shop lifting and they will have turn-style
controls.
Jad Harb, Owner-Operator, Calimex. He owns the store and has been there for five years. He cleaned
up the corner -- the graffiti, trash, etc. His neighbors like him and Mr. Engle came to the store to see
what it looks like. He sells produce, groceries and meat and a full line of products like a supermarket.
He believes he has the right as a supermarket to have the liquor license. The closest license to him is 1
1/2 miles away.
There being no further persons who wished to speak, Mayor Pro Tem Lopez closed the Public Hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion By Council Member
Zemel, seconded by Council Member Tait, the City Council determined that the proposed activity fall
within the definition of Section 15061(b)(3), of the City of Anaheim guidelines to the requirements for an
Environmental Impact Report and is, therefore, Categorically Exempt from the requirement to file an
EIR. Mayor Daly was absent. MOTION CARRIED.
Council Member Zemel offered Resolution No. 97R-30 for adoption. Refer to Resolution Book.
RESOLUTION NO. 97R-30: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE OR
NECESSITY WOULD NOT BE SERVED BY THE ISSUANCE OF A TYPE 21 (GENERAL
LIQUOR) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PREMISES LOCATED AT
318 NORTH BROOKHURST STREET , ANAHEIM, CALIFORNIA (APPLICATION NO. 97-01)
Roll Call Vote on Resolution No. 97R-30 for adoption:
AYES:MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez
NOES:MAYOR/COUNCIL MEMBERS: None
ABSENT:MAYOR/COUNCIL MEMBERS: Daly
Council Member Zemel declared Resolution No. 97R-30 duly passed and adopted.
REVISED COUNCIL POLICY - BOARDS AND COMMISSIONS:
C1.105:
To consider the adoption of a Resolution which presents a revised Council Policy No. 117, and is
a strong guideline for limiting terms to two four-year terms for members of the Boards and
Commissions.
RESOLUTION NO. 96R ----- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING CITY COUNCIL POLICY NO. 117 RELATING TO BOARD AND
COMMISSION APPOINTMENTS.
City Clerk Sohl. She referred to the memorandum previously submitted regarding the subject.
18
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MARCH 11, 1997
Mayor Pro Tem Lopez. He asked if the Council wished to discuss the issue tonight in the absence of
Mayor Daly who is one of the liaison members along with Council Member Zemel charged with bringing
forth recommendations to the full Council, continue the matter, or act tonight.
Council Member Zemel. He suggested that they not vote on the matter this evening, but since the City
Clerk has indicated that there are people present to speak on the issue, that they introduce the item. He
will give some input as the other liaison member. He continued, it has become more and more difficult
to make new opportunities for those who wish to serve. The incumbency on boards and commissions is
such that it is hard for others to get involved. Citizens say they do not even try because there is no
opportunity. He and the Mayor have struggled with the issue at a couple of liaison meetings with long
discussions over how best to show appreciation and respect for the people who volunteer and donate
many hours of their time and yet make room for others. Citizens voted for term limits for the Mayor and
Council Members. He then gave some additional input on some of the issues that were discussed at the
meetings. With that as a background, the Council may wish to discuss the matter but not take a position
tonight.
Mayor Pro Tem Lopez. He has mixed emotions about the issue of term limits for boards and
commissions. At the State level normally a commissioner will resign and then the new Governor will
have the right to make an appointment. Perhaps when a term is going to expire, the individual should
hand in a resignation letter and the City Council can make a decision whether to reappoint or not. He
feels it would make it more open. There have been four new Council Members during the past two years
which is quite a change. He has not made up his mind although he feels they have to make a change.
He finds it is an uncomfortable position to be in when someone’s term is up. If they are not reappointed,
it sounds like the Council is firing them. He reiterated that the way the State does it would be one way to
handle the matter.
Council Member McCracken. She is concerned about a limit. She realizes the proposed resolution
leaves the Council the ability to reappoint. There have been individuals who have served many years,
an example being Liz Schultz on the Library Board who did so much for the library. Without her, they
might not have had branch libraries or a history room and other things. Individuals such as Liz stayed
the long haul and gave their expertise and input. A new Council that changes with eight-year terms may
not know that the community had been working on a particular project for 15 or 20 years. Some of the
individuals who have served bring to those commissions history and expertise. She has reservations
about limiting that input. Without it, City staff are the only ones that have longevity. She has
reservations saying that no one can stay on longer than two terms. It is their experience that is needed
which they would not have because of such limitations.
Council Member Zemel. In the discussions that have taken place, they have allowed for that type of
thinking. The policy that is on the table is to have term limits, two terms; however, the Council would still
retain the right to keep a person. To him, there is no difference between what is in place now and that.
He favors term limits which are cut and dry. As with the City Council, there can be a two-year hiatus and
then the individual can reapply. In the meantime, it will allow that person to move to another board to
serve in the interim and then be able to apply to the other board once again. It would take the “political
bat” out of the hands of the Council.
Mayor Pro Tem Lopez. If somebody hands in their resignation, it will then be the Council’s choice if they
want to reappoint them.
Council Member Zemel. If they are to enact term limits, it would not be retroactively enforced but
effective until the day the term expires. It would be a staggered balance. That has been thought about
as well.
Council Member Tait. He suggested that the Council hear from the public at this time.
19
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MARCH 11, 1997
Mary Hibbard, 1535 E. Canfield Lane, Anaheim. She is an active member of the Community Services
Board (CSB). The board has total ethnic diversity, an economic spectrum of all levels within the City,
and the members live in different sections of the City so the total City is represented. There is also an
age diversity. They are advocates for the people of Anaheim, the Council’s advocates, and bridge to the
people. Human needs are very important in the City and the CSB is an advocate for those needs. It
takes a long time to know the needs and the organization that fits those needs is the CSB. It is her joy
and pleasure to work with the CSB.
June Lowry, 5239 East Glen Arbor, Anaheim. She is a member of the CSB and also a member of the
Community Development Advisory Board (CDAB). As members of CDAB, they are confused as to
where they fit in the proposal regarding term limits. The CDAB is unique
because they have the full input of the people. She then gave a detailed explanation of the work that
they do and how vital it is. When the Council hears a recommendation from CDAB, it is with input from
seven commissions and all the targeted neighborhoods in Anaheim. The only way she and others on the
CDAB can make recommendations is through their service on the CSB. Her presentation emphasized
the link between those serving on the CSB and the recommendations made relative to funding
allocations of the CDAB. She also urged the Council not to make Boards and Commissions “political
footballs.”
Eliza Cason, 1118 S. Keyes, Anaheim. She has been serving on the CSB for several years. She feels
perhaps with imposition of terms, they will become more political and the members would not be able to
serve the citizens as they do now. She feels the current system has been very productive.
Robert Lowe, 2508 E. Romneya, Anaheim. He is not a member of any board or commission. He does
not feel that a person should sit on more than one board in the City. They need experienced people. He
does not feel the boards should be “stacked” with 15 or 20 year people. He would also have some
questions about an eight-year time limit.
Seferino Garcia, 121 S. Walnut, Anaheim. He feels that two, four-year terms is too long and there needs
to be a change. He feels they need Chicanos on some boards and commissions because they are
indigenous to the land. He agrees with the resolution proposed, but the terms should be shorter.
MOTION. Council Member Zemel moved to continue consideration of the proposed resolution regarding
terms limits for boards and commissions for one week for full Council action. Mayor Pro Tem Lopez
seconded the motion.
Before a vote was taken, Council Member Zemel stated that he believes the process for allocating
CDBG funds is unique to itself and deserves special attention but he appreciates the input given. He
also welcomes anyone to call him in the meantime.
A vote was then taken on the foregoing motion. Mayor Daly was absent. MOTION CARRIED.
REPORT ON CLOSED SESSION ACTIONS:
C2.
City Attorney Jack White Stated that there are no actions to report.
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MARCH 11, 1997
COUNCIL COMMENTS:
C3.
114: Council Member Zemel. He referred to the recent bank robbery in North Hollywood and the
subsequent followup with regard to the Los Angeles Police Department not having proper weaponery to
combat the situation. He is not sure where Anaheim stands in that regard. He would like to have a
report from Police Chief Gaston to see where he feels the City stands.
Dave Morgan, Assistant City Manager. He has talked to the Chief and Anaheim is in far better shape
than Los Angeles, but he will get more details and report those to the Council.
ADJOURNMENT: On motion by Council Member Zemel seconded by Council Member Tait, the City
Council Meeting of March 11, 1997 was adjourned. Mayor Daly was absent. MOTION CARRIED. (8:05
P.M.)
LEONORA N. SOHL
CITY CLERK
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