1998/12/01ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 1, 1998
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: Lou Lopez
PRESENT:CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
PLANNING DIRECTOR: Joel Fick
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:55 a.m. on
November 25, 1998 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall)
containing all items as shown herein.
The meeting was called to order at 3:12 p.m.
Mayor Daly announced after the swearing-in of the three individuals (Mayor and two Council Members),
there will be a reception in the lobby area (of City Hall) until 5:00 P.M. and at 5:00 P.M. the Council
meeting will be reconvened. At this time, the Council will act on the resolution declaring the election
results of the General Municipal Election held November 3, 1998.
Mayor Daly first asked if there were any comments on the proposed resolution from any member(s) of
the public ( incumbent Mayor, Tom Daly re-elected Mayor, four-year term; Lucille Kring, elected Council
Member, four -year term; Frank Feldhaus elected Council Member, four-year term - all to the year 2002);
there were none.
Mayor Daly offered Resolution 98R-251 for adoption. Refer to Resolution Book.
127: RESOLUTION NO. 98R-251: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM RECITING THE FACT OF THE
GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 1998,
DECLARING THE RESULT AND SUCH OTHER MATTERS AS
PROVIDED BY LAW.
Roll Call Vote on Resolution No. 98R-251 for adoption:
AYES:MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Daly
NOES:MAYOR/COUNCIL MEMBERS: None
ABSENT:MAYOR/COUNCIL MEMBERS: Lopez
The Mayor declared Resolution No. 98R-251 duly passed and adopted.
INVOCATION:
Pastor Jimmy Gaston, Church of Christ gave the invocation.
FLAG SALUTE:
Council Member Shirley McCracken led the assembly in the Pledge of Allegiance to the Flag.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 1, 1998
PRESENTATION OF SERVICE AWARD TO COUNCIL MEMBER ZEMEL AND PARTING
COMMENTS:
City Clerk, Leonora Sohl, presented a service award to outgoing Council Member Zemel
to recognize his years of service on the City Council; Council Member Zemel accepted the gift and asked
to say a few parting words.
Council Member Zemel. It is hard to believe four years have passed since he took the Oath of Office.
He thanked the citizens for having elected him and giving him the honor to serve the City for the past
four years. He would like to look back and reflect upon many successes. It has been a pleasure to work
with and be supported by a City staff second to none in Orange County and probably the State. He
recalled he took office on December 6, 1994 when the City Manager Ruth informed the Council the
County of Orange had just filed bankruptcy. He then outlined and briefed those issues he was most
proud to have been involved in and helped accomplish (or initiated)as follows:
Council Member Tait authored the resolution to oppose Measure R (proposed 1/2 cent sales tax increase
to “bail out” the County), Anaheim was the first City to oppose followed by many others which led to its
defeat; the formation of the Investment Advisory Commission which he put forward; now having an INS
Officer permanently stationed in the City’s jail resulting in a reduction in crime as they now identify illegal
alien repeat criminals, i.e., the Anaheim Criminal Alien Identification Program which has proved to be a
model for the nation (thanks in great part to the “undying” efforts of the City’s IGR Officer, Kristine
Thalman); his proposal to form a Task Force on Sex Oriented Businesses resulting in a stronger
ordinance to regulate these businesses (thanks as well to City Attorney White, Code Enforcement
Manager, John Poole, Planning Director, Joel Fick, and Police Chief Randy Gaston). There is now a new
historic arrangement between City Hall and the Chamber of Commerce (at the suggestion of Council
Member Tait). While he (Zemel) supported the arrangement, he wanted to be sure that the Chamber
would be able to remain independent in order to keep its credibility which he feels is the case. Further,
he (Zemel) began in this arena in the early 80’s by working with community leaders on community
issues, one being lack of a community center in Anaheim Hills. Anaheim Hills is now the proud owner of
a new community center (in the newly acquired Police Facility that was formerly the Anaheim Memorial
Medical Center) and the City is on track for a community center in the western part of the City.
In continuing his comments, Council Member Zemel briefed those issues he felt were failures. He then
stated, while he found himself on many 3 - 2 decisions during his tenure, he feels that is a part of a
democracy and what the City Charter is all about. He also stated he believes it is highly dysfunctional to
expect elected officials to go along just to get along and it is important to vote one’s conscience.
In concluding, he congratulated the new Council Members as well as Mayor Daly on his victory and re-
election to the Mayor’s seat. He has appreciated the time spent working with him (Daly) on the Council
and the many things they worked on delivering jointly. He also thanked Council Member McCracken for
her graciousness and Council Member Tait for being a good friend on the dais. Further, he was
supported by so many grass roots individuals it would be impossible to mention names. He also thanked
his family members who were present in the Chamber audience (wife, Vickie, and his children Amber,
Sidney, Bobby and Karen). If he could leave a message to the citizens and the Council, Department
Heads and all City staff he would choose the following passage, a quote from Ronald Reagan,
“Government is the people’s business -- every man, woman and child becomes a shareholder when the
first penny of tax is paid.” He thanked everyone for the opportunity to serve and wished the Council
good luck.
SWEARING-IN CEREMONY - MAYOR TOM DALY - LUCILLE KRING - FRANK FELDHAUS:
City Clerk, Leonora Sohl, administered the Oath of Office to first, Mayor Tom Daly and subsequently to
the newly elected Council Members, Lucille Kring and Frank Feldhaus (who had previously served as a
Council Member from 1992 - 1996).
Mayor Daly welcomed the Council’s two new colleagues. He announced that the Council Meeting would
now be recessed until 5:00 P.M. for the reception he announced earlier. He and the new Council
Members will give their remarks when the meeting is reconvened.
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DECEMBER 1, 1998
RECESS - WELCOMING RECEPTION: By general Council consent, the Council Meeting was recessed
until 5:00 P.M. (3:45).
AFTER RECESS: Mayor Daly called the meeting to order, all Council Members being present (5:23
P.M.).
City Clerk Sohl. This would be the opportunity for remarks by the newly elected Council Members.
Mayor Daly. This is the appropriate time for the new Council Members to give their comments if they
wished to do so.
Council Member Lucille Kring.
She thanked everyone who participated in the election emphasizing
the fact that is important is, after examining the candidates and looking at the issues, for the citizens to
have exercised one of their most important rights, that of taking part in the voting process. She then
thanked all of her supporters and volunteers, too numerous to mention. She also thanked her family in
San Diego who assisted in her campaign. Most especially, she thanked her husband, Ron, who helped
in every facet of her campaign.
She then elaborated upon the important issues that were addressed in her campaign and which will
continue to be her focus for the next four years -- public safety and the work of the Police Department
and to assure they have all the tools necessary, expand community policing, and continuation of the INS
Officer in the City jail. She also looks forward to being a part of the negotiations with the Firefighters to
resolve their labor issues and once again have them under a contract with the City, bring her pro-
business ideas to staff, and bring in more companies to the City with high-paying jobs. She stated these
are exciting times in Anaheim and then noted the many good things that had recently occurred or were in
process but also noting there is much to be done and they all needed to work together to keep Anaheim
the best place to work, live and raise a family. She looks forward to working closely with the Mayor and
Council Members as well as a close working relationship with City Manager Ruth and his capable and
talented staff. She will not forget she represents all the residents of Anaheim and the totality that is
Anaheim. Each area deserves and will receive her full attention. She asked for prayers and guidance in
the next four years.
Council Member Frank Feldhaus.
He first thanked everyone and specifically those who worked long
hours on his behalf. Most importantly, he thanked his wife, Sally, along with the nearly 17,000 citizens
who voted their faith and confidence in him. He compromised with himself on what he should or
shouldn’t say today, but feels there are some remarks that need to be said for the last time. These past
two years he has felt anger and hurt because of the lies and humiliation he suffered that resulted in his
defeat for re-election in 1996. He promised when all the citizens learned how he was defeated, he would
run again to regain that Council seat and would win. Anaheim voters learned the truth and he is grateful
after doing so, they have returned him to office. The field of candidates were formidable opponents and
for the most part they conducted their campaigns with honor and integrity. He is sorry that the contest for
Mayor brought such negativity, accusations and lies to Anaheim’s political arena. However, he is
pleased with the voter turnout of almost 60%, and the decisive result. He is also pleased to be back
among friends at City Hall and the opportunity to get back to work on various quality-of-life projects,
neighborhood improvements, and to work in harmony with the newly elected Council and Mayor and to
continue moving Anaheim toward the goal of winning an All-American City award. He thanked everyone
again.
Mayor Tom Daly.
He first welcomed Frank Feldhaus back to the Council. He then addressed an issue
that many have asked him about, that being the health of his father who was in a very serious traffic
accident on election day (November 3, 1998). His father, Bill Daly, is still in the hospital, now at St.
Jude’s after being in the Trauma Center at UCI for eight days. He is recovering and appreciates all the
thoughts, visits, flowers and phone calls he has received. His spirits are good, he is in rehabilitation, and
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 1, 1998
everything is going to be fine. His mother, who has been extremely worried, would have been present
tonight but is with his father.
Mayor Daly continued, he wants to thank all the volunteers, supporters, precinct walkers and phone
callers involved in what he considers a great election victory. He appreciates the support from all of the
City and particularly wants to thank individuals who gave him their entire lives in the latter weeks of the
campaign. He named and thanked his campaign team as well as Mr. Harvey Englander and Mr. Mitchell
Englander and Larry Barrios, all of whom are from the Cambra Group who helped to provide campaign
strategy. He will be thanking everyone he can personally who assisted in the election. He will respond to
the great support he received by working doubly hard in the next four years to improve Anaheim. To that
extent, he is going to lay out a few thoughts this evening and will be adding to the list in coming weeks.
The following is a summary of the issues outlined by the Mayor each of which he further briefed and
elaborated upon in his comments:
1.) Focus on continuing the tradition of financial strength and stability in the City. 2.) Continue to reduce
crime which they have done so effectively with all credit going to the Police Department and the
community support they have received and supplying them with all the resources they need to do their
jobs as well as possible. He noted there is outstanding leadership in the Police Department. 3.) Do more
to beautify the City -- add more green space, parks, playgrounds and athletic fields. 4.) Assist and help
the City’s schools to an even greater extent. 5.) Focus on planning standards and land planning strategy
-- the City needs smarter and tougher planning standards and to prepare for continuing development and
re-development. 6.) A fresh vision and genuine focus on West Anaheim -- launch major initiatives to
invest in West Anaheim, improve the community, add more beautification, preserve and protect
residential neighborhoods and bring in exciting new commercial development. He noted that newly
elected Orange County Supervisor, Cynthia Coad is a resident of West Anaheim. They are counting on
her to be a great partner for Anaheim which he feels is a given and they will look forward to that support.
He then recognized Mrs. Coad who was present in the Council Chamber along with her husband, Dr.
Tom Coad. He thereupon asked Mrs. Coad and her husband to stand to also be recognized/introduced
to the audience.
In concluding, Mayor Daly stated those are some of the areas he feels they need to focus on in the next
few years and he will be bringing more detail forward in the next few weeks after he talks to his
colleagues and community leaders. Having gone through a recent campaign, he knows what is on
people’s mind in the issues he has mentioned -- finance, reducing crime, improve planning standards,
bringing more retail and commercial opportunities to the City especially to West Anaheim, etc. These
are things Anaheim wants and what is needed as they approach the turn of the century. He is excited
and pleased to be re-elected and to have the opportunity to serve for the next four years. He thanked
everyone again.
SPECIAL RECOGNITION AUTHORIZED BY COUNCIL THIS DATE:
1.DECLARATION welcoming the goodwill delegation from Victoria-Gasteiz, Spain.
FINANCIAL DEMANDS AGAINST THE CITY
in the amount of $6,274,630.53 for the period ending
November 23, 1998, and $2,007,741.04 for the period ending November 30, 1998 in accordance with the
1998-99 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency meeting. (5:45
p.m.)
Mayor Daly reconvened the City Council Meeting. (5:48 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
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DECEMBER 1, 1998
ITEMS OF PUBLIC INTEREST:
Carol Latham, 434 S. Velare Street, Anaheim. She first congratulated the Mayor and new Council
Members. She then stated she is present in her position as President of the Anaheim Arts Council to
continue the dialogue that has been ongoing between the Arts Council and the City Council noting first
that the Arts Council was established by the City Council in 1977 to be an Advisory Board to the Council
regarding the Arts in the City of Anaheim. Mrs. Latham then briefed the major events staged by or in
which the Arts Council is a major player. She concluded by stating those events are just a list of the very
creative, talented, enthusiastic, committed volunteer organizations that make up the Arts Council whose
mission is to preserve and promote the growth and education of the arts in the City. The Arts Council
looks forward to the continued support of the City Council.
Mayor Daly thanked Mrs. Latham for the update on the fine work done by and assistance given to other
organizations by the Arts Council.
* * * * * * * * * * * * * * * * * * * * *
Bob Hernandez, Chairman, 1998 Anaheim Nutcracker Holiday Festival. He is present to extend an
invitation to the Council and everyone to attend the 4th Annual Festival including the lighting of the
Holiday Tree on Friday, December 4, 1998 in the circle next to Disney Ice. It is going to be another
wonderful event and there are many benefactors who have helped to make the event possible this year
as in the past which he then named. The Festival ceremonies will start at 5:00 P.M. on Friday,
December 4th in and around the Circle outside Disney Ice (Center Street Promenade and Clementine)
with holiday music, carolers, special guests, etc. The tree-lighting ceremony will take place at
approximately 6:15 P.M. He expressed appreciation for the Council’s support in the past and they look
forward to many more events such as this.
Mayor Daly. There is an item on the City Manager’s Consent Calendar to be taken up shortly
recommending financial support of the Nutcracker Festivel (see Item A17.). The Council/City is looking
forward to the event.
* * * * * * * * * * * * * * * * * * * *
Ken Fisher, 1415 W. Cerritos #51, Anaheim 92802. He is present again on the issue of shopping carts
that are cluttering the City, some of which are a public safety hazard such as the ones that had been
abandoned in the channel near his town-home complex. (He had previously submitted photos to the
Council on this issue.) The City has since removed the carts from the channel. The taking of shopping
carts used for transport of laundry, running businesses out of them, etc., is thievery for which all
consumers pay through higher grocery bills. He then addressed laws that have been passed with regard
to shopping carts that are ineffective. He is proposing that the Council set up a citizen’s commission to
look into solutions to this problem and possibly challenging the State’s usurping the rights of local
communities. He offerred his services on such a committee. (Before concluding, Mr. Fisher also asked
that the photographs he had submitted some time ago be returned to him.)
* * * * * * * * * * * * * * * * * *
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of December 1, 1998. Council Member McCracken seconded the motion.
MOTION CARRIED.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 1, 1998
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A26:
On motion by Mayor Daly,
seconded by Council Member McCracken, 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. 98R-252 through 98R-257, both inclusive, for
adoption. Mayor Daly offered Ordinance 5658 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 Teresa Barajas, c/o Bruce H. Eliason, Esq. for bodily injury sustained
purportedly due to actions of the City on or about February 26, 1998.
b. Claim submitted by Charles P. Macht for property damage sustained purportedly due to
actions of the City on or about August 19, 1998.
A2.156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the
month of October, 1998.
105: Receiving and filing minutes of the Public Utilities Board meeting held October 1, 1998.
105: Receiving and filing minutes of the Budget Advisory Commission meeting held October 21,
1998.
A3.175: Awarding a contract to the lowest responsible bidder, Atlas-Allied, Inc., in the amount of
$37,480 for Temporary Pressure Regulating Station No. 62; and in the event said low bidder fails
to comply with the terms of the award, awarding the contract to the second low bidder, as well as
waiving any irregularities in the bids of both the low and second low bidders.
A4.175: Awarding the contract to the lowest responsible bidder, A.R.A. Engineering Contractor, in
the amount of $814,900 for Well No. 55 Site Improvements; and in the event said low bidder
fails to comply with the terms of the award, awarding the contract to the second low bidder, as
well as waiving any irregularities in the bids of both the low and second low bidders.
A5.158: pproving the Acquisition Agreement for real property located at 1570 South Harbor
Boulevard (R/W 5210 - 4) - Anaheim Resort Area Improvement Project; authorizing the Mayor
and City Clerk to execute said Agreement; and authorizing the acquisition payment of $7,320 to
Scalzo Family Partnership, L.P., a California limited partnership.
A6.158: Approving the Acquisition Agreement for real property located at 1042 West Ball Road
(R/W 5240-3) - Ball Road and West Street and the Anaheim Resort Area Improvement Project;
authorizing the Mayor and City Clerk to execute said Agreement; and authorizing the acquisition
payment of $61,062 to Yogendra C. Bhakta and Malvanti Bhakta.
A7.158: Approving the Acquisition Agreement for real property located at 1530 South Harbor
Boulevard (R/W 5130-8) - Anaheim Resort Area Improvement Project; authorizing the Mayor
and City Clerkto execute said Agreement; authorizing the acquisition payment of $14,378.98 to
Goodhope International.
A8.123: Approving a First Amendment to Agreement with UMA Engineering, Inc., in an amount not
to exceed $5,660 for design services for the State College Boulevard Master Plan, and
authorizing the Mayor and City Clerk to execute said amendment.
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A9.158: Pursuant to Section 1222 of the City Charter, adopting a resolution approving the sale of
an abandoned well site located at 9281 Tina Way, and authorizing the Mayor and City Clerk to
execute the Grant Deed.
RESOLUTION NO. 98R-252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM approving the sale of certain City-owned property located at property commonly
known as 9281 Tina Way.
A10.158: RESOLUTION NO. 98R-253 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM accepting certain deeds conveying certain real properties or interests therein to
the City.
A11.158: Waiving Council Policy No. 306, and authorizing the Purchasing Agent to issue a purchase
order to RFL Electronics, Inc., c/o Mazinger-Keegan, in the amount of $69,601 for seven RFL
Model 9300 relays for Katella, Lewis, and Southwest Substations.
A12.140: ORDINANCE NO. 5658 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM
amending Chapter 10.04 of Title 10 of the Anaheim Municipal Code by adding Section 10.04.020
designating all public libraries within Anaheim as Drug Free Zones, and amending Section
13.08.110 of Chapter 13.08 of Title 13 of the Anaheim Municipal Code designating all public
parks within Anaheim as Drug Free Zones. (Introduced at the meeting of November 17, 1998,
Item A9.)
A13.123: Approving the Community Development Block Grant (CDBG) Subrecipient Agreements
between the City of Anaheim and (1) Fair Housing Council of Orange County, in the amount of
$70,584, and (2) Boys and Girls Club of Anaheim, in the amount of $35,000.
A14.123: Approving a License Agreement for a term of five years with the Anaheim Family YMCA to
utilize the gymnasium at the Downtown Youth Center located at 225 South Philadelphia Street
on a shared basis to provide youth recreation programs. (Continued from the meeting of
November 17, 1998, Item A11.)
City Manager Ruth announced a change in wording that has been proposed and a copy given to the
Council adding the following to page 5, Section N., “YMCA shall provide a financial subsidy to its
program participants utilizing YMCA’s established sliding scale based on the family income of the
participants and availability of YMCA subsidy programs”. This more clearly delineates the responsibility
of the “Y” to subsidize some of these programs in the event the children cannot afford the programs on
their own and the YMCA has agreed to the change.
At the end of the consent calendar, this item was approved with the change as articulated by the City
Manager.
A15.140: Increasing revenue and expenditure in Fund 217, Program 4253 by $31,081 to allow for
reimbursement to the State Library for unexpended Literacy grant funds.
A16.123: Approving a License Agreement with the Legal Aid Society of Orange County to utilize
office space on a shared basis at the Downtown Community Center located at 250 East Center
Street, to provide free legal services to residents of Anaheim.
A17.123: Approving an Agreement between the City of Anaheim and the Nutcracker Holiday
Committee, in the amount of $5,000 for the cosponsorship of the Nutcracker Holiday on
December 4, 1998.
A18.156: Accepting a grant award, in the amount of $632,124 from the U.S. Department of Justice,
Bureau of Justice Assistance, for the FY ‘98 Local Law Enforcement Block Grant Program for the
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Police Department’s Mobile Data Computer Project; authorizing the City Manager to execute all
documents pertaining to the grant; and increasing revenues and expenditures in Account #219-
309-2251 by $632,124.
A19.123: Approving an Indemnification and Hold Harmless Agreement to enable the Anaheim Police
Department to use the Fullerton Police Department’s S.W.A.T. Obstacle Training Course, and
authorizing the Chief of Police to execute said Agreement on behalf of the City.
A20.153: RESOLUTION NO. 98R-254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving a Letter of Understanding between the City of Anaheim and the
Anaheim Municipal Employees Association, Clerical Employees (Appendix “A” Wages - Police
Dispatcher II, and related classifications).
RESOLUTION NO. 98R-255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM approving a Letter of Understanding between the City of Anaheim and the Anaheim
Municipal Employees Association, General Employees and Clerical Employees. (Relative to
labor market inequities - dated November 17, 1998.)
A21.Approving a Direct Payment Agreement between the State of California Health and Welfare
Agency, Department of Community Services and Development and the City of Anaheim under
which the City would receive Federally Funded Low Income Heating and Electric Assistance
Program (LI-HEAP) grants directly for the benefit of the City of Anaheim’s Utility Customers;
and authorizing the Public Utilities General Manager, on behalf of the City, to execute said
Agreement and any related documents, and taking any and all actions necessary to implement
said Agreement.
A22.123: Approving a Joint Trench Agreement with Century Valley Cable, Inc., to permit joint
trenching and to share construction cost for Underground District No. 32 - Peralta Hills (located
on Lakeview Avenue south of Santa Ana Canyon Road, and on Peralta Hills Drive approximately
3100 feet west of Lakeview Avenue).
A23.175: RESOLUTION NO. 98R-256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM declaring a policy with regard to water reclamation and water use efficiency.
A24.175: RESOLUTION NO. 98R-257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM amending 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. 98R-72
(establishing Rule 26 of the Electric Rates, Rules and Regulations, thereby enacting a Senior
Low-Income Energy Assistance Program to provide a 10% electric discount to senior, low-
income customers, to be effective December 1, 1998).
152: Authorizing the Public Utilities General Manager, on behalf of the City, to implement the
Program and to prepare, promulgate, publish and take any and all actions necessary to
implement Rule 26.
A25.130: ORDINANCE NO. 5654 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM approving a four year franchise agreement with Century Valley Cable Corporation and
Century Communications Corporation pursuant to Ordinance No. 4087, as transferred and
amended, and setting forth certain other agreements of the parties. (Introduced at the meeting
of October 13, 1998, Item D2, amended first reading on November 17, 1998, Item D4.)
Mayor Daly. He was informed by staff that alternate language has been prepared which would mean that
this proposed franchise agreement, based on discussions City staff has had with the company, that the
agreement would instead end on December 1, 2002. Rather than four years it will be approximately four
years and ten months.
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City Attorney White. The language was prepared late this afternoon. He has the alternate language but
did not distribute copies to all Council Members. If the Council would like the alternate language, the
ordinance could again be offered for introduction tonight (amended first reading) and considered for
adoption at next week’s meeting.
Mayor Daly. Based on their procedures, the ordinance would be introduced and the final vote taken next
week.
City Attorney White then clarified for Council Member McCracken, the ordinance would have the same
number (Ordinance 5654) but simply amending it again tonight. The legal process requires it be
reintroduced and voted on next Tuesday. He also explained one other aspect was clarified in the new
ordinance involving the dates of the $250,000 payments the City would receive over the four-year life of
the ordinance. In going from five years to four years, the dates needed to be revised, i. e., the dates the
City receives those payments. That change has been made to provide the first payment would be
received within 30 days and four additional payments on or before June 30 of each of the next four
years.
Before concluding this item, further questions were posed by Council Members which were answered by
the City Attorney. At the conclusion of the Consent Calendar, the ordinance was offered as an amended
first reading.
A26.114: Approving minutes of the Anaheim City Council meeting held November 3, 1998.
Council Member Feldhaus and Council Member Kring abstained.
Roll Call Vote on Resolution Nos. 98R-252 through 98R-257, both inclusive, for adoption:
AYES:MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Tait, Daly
NOES:MAYOR/COUNCIL MEMBERS: None
ABSENT:MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 98R-252 through 98R-257, both inclusive, duly passed and
adopted.
Roll Call Vote on Ordinance No. 5658 for adoption:
AYES:MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Tait, Daly
NOES:MAYOR/COUNCIL MEMBERS: None
ABSENT:MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5658 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
BOARD AND COMMISSION ITEM:
RESIGNATION - BUDGET ADVISORY COMMISSION:
A27.105:
Accepting the resignation of Cindy Floriani, Budget Advisory Commission, term expires June 30,
2000, and directing the City Clerk to post notice of unscheduled vacancy.
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MOTION. Council Member McCracken moved to accept the resignation of Cindy Floriani for the Budget
Advisory Commission with regret and directing the City Clerk to post a notice of unscheduled vacancy.
Mayor Daly seconded the motion. MOTION CARRIED
ITEMS B1 - B10 FROM THE PLANNING COMMISSION MEETING OF
NOVEMBER 9, 1998:
INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 1, 1998:
WAIVER OF CODE REQUIREMENTCONDITIONAL USE PERMIT NO. 4057, AND
B1.179:
NEGATIVE DECLARATION:
OWNER:
Hinn-8 LLC, Attn: Shan Namvar, 11601 Wilshire Blvd., #1400, Los Angeles, CA
90025
AGENT:
Travis Engineering, Attn.: Karl Huy, 12453 Lewis Street, #201, Garden Grove, CA
92840
LOCATION: 1101 North Magnolia Avenue. Property is 0.92 acre located at the northwest
corner of Magnolia Avenue and La Palma Avenue.
To construct a 4,807 square foot service station with convenience market and integrated fast
food restaurant with drive-through lane with waivers of (a) minimum number of parking spaces -
APPROVED, (b) permitted number of freestanding signs - DENIED, (c) permitted types of signs -
DENIED, (d) minimum drive-through lane requirements - DENIED, and (e) minimum
landscaping adjacent to interior boundary lines - DENIED.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4057 GRANTED, IN PART (PC98-175) (6 yes votes, 1 absent).
Waiver of code requirement APPROVED, IN PART, denying waivers (b), (c), (d), and (e); and
approving waiver (a).
Approved Negative Declaration.
RECLASSIFICATION NO. 98-99-05 CONDITIONAL USE PERMIT NO. 4047, AND
B2.179:
NEGATIVE DECLARATION:
OWNER:
Hunter’s Pointe Homeowners Association, 14600 Goldenwest Street, 102-A,
Westminster, CA 92683
AGENT:
TDI, Inc., Attn: Adan Madrid, 3150 Bristol Street, #250, Costa Mesa, CA 92626
LOCATION: 6900 East Canyon Rim Road. Property is 3.05 acres located on the south side of
Canyon Rim Road, 180 feet west of the centerline of Fairmont Boulevard.
Reclassification No. 98-99-05
- to reclassify subject property from the RS-HS-10,000 (SC)
(Residential, Single-Family Hillside) (Scenic Corridor Overlay)) Zone to the RS-A-43,000 (SC)
(Residential/Agricultural) (Scenic Corridor Overlay)) Zone or a less intense zone.
Conditional Use Permit No. 4047
- to construct telecommunications antennas on an existing
lattice tower (Edison) structure and ground-mounted accessory equipment.
ACTION TAKEN BY THE PLANNING COMMISSION:
RECLASSIFICATION NO. 98-99-05 GRANTED, UNCONDITIONALLY,
(PC98-176) (6 yes votes, 1 absent).
CUP NO. 4047 GRANTED, for five years, to expire November 9, 2003
(PC98-177).
Negative Declaration previously approved.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 1, 1998
A review of the Planning Commission’s decision was requested by Council Member Feldhaus and
concurred in by Council Member McCracken. A Public hearing will, therefore, be held before the Council
at a later date.
CONDITIONAL USE PERMIT NO. 4064, AND NEGATIVE DECLARATION:
B3.179:
OWNER:
Walter Friedman Trustee, WRBL Trust, 9 Goodyear, Irvine, CA 92618
AGENT:
Eller Media, Attn: S. I. Castillo, 1550 W. Washington Blvd., Los Angeles, CA 90007
LOCATION: 1107 North Brookhurst Street - Guerrero Auto Repair. Property is 0.25 acre
located at the northwest corner of Brookhurst Street and La Palma Avenue.
To permit the construction of two (2) 36-foot high, 300 square-foot billboards.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4064 DENIED (PC98-178) (6 yes votes, 1 absent).
Denied Negative Declaration.
An appeal of the Planning Commission's decision was submitted by Walter Friedman in letter dated
November 11, 1998 and, therefore, a Public Hearing will be scheduled at a later date.
VARIANCE NO. 4350, CATEGORICALLY EXEMPT, CLASS 11:
B4.179:
OWNER:
Kuo-Chin Yang, Shu-Mei Hsieh, Chin-Suyng Hsu, Mei-Yun Yang Hsu & Mei-Lan Yang
Chen, Attn: Stephen Hsu, 435 W. Katella Ave., Anaheim, CA 92802
AGENT:
TFN Architectural Signage, Inc., Attn: Mark Wiseman, 3411 W. Lake Center Dr., Santa
Ana, CA 92704
LOCATION: 515 West Katella Avenue - Four Points Sheraton Hotel. Property is 1.0 acre
located on the north side of Katella Avenue, approximately 160 feet east of the centerline of
Harbor Boulevard.
To waive the location of permitted wall signs to permit two wall signs to be located on adjacent
building walls (including one existing wall sign on the south side of the building and one proposed
wall sign on the west side of the building).
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4350 DENIED (PC98-179) (6 yes votes, 1 absent).
RECLASSIFICATION NO. 98-99-07 AND NEGATIVE DECLARATION:
B5.179:
INITIATED BY:
City of Anaheim (Redevelopment Agency), 201 South Anaheim Blvd., Anaheim,
CA 92805
LOCATION: 100 South Harbor Boulevard. Property is 1.70 acres located at the southeast
corner of Harbor Boulevard and Lincoln Avenue
To reclassify this property from the CG (Commercial, General) Zone to the CL (Commercial,
Limited) Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 98-99-07 GRANTED, UNCONDITIONALLY (PC98-180)
(6 yes votes, 1 absent).
Approved Negative Declaration.
WAIVER OF CODE REQUIREMENT
B6.179:
CONDITIONAL USE PERMIT NO. 3921, AND NEGATIVE DECLARATION:
OWNER:
F. J. Hanshaw Ent., Inc., 10921 Westminster Ave., Garden Grove, CA 92843
AGENT:
Desapriya Jinadasa, 1112 N. Brookhurst St., Suite 1, Anaheim, CA 92801
LOCATION: 1112 North Brookhurst Street, Suite 1 - Cheers Market. Property is 0.91 acre
located north and east of the northeast corner of Brookhurst Street and La Palma Avenue.
To consider reinstatement of this permit which currently contains a time limitation (until April 28,
1999) to retain the retail sales of alcoholic beverages for off-premises consumption within an
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 1, 1998
existing 2,200 square foot convenience market, to consider amendment or deletion of conditions
of approval pertaining to hours of operation, sales of hot food or self-serve soft drinks, window
signs and exterior public telephones, and to waive minimum number of parking spaces to permit
and retain self-service soft drink dispensers inside the convenience market. The petitioner also
requests review and approval of final landscaping and sign plans in conjunction with the
previously-approved convenience market.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3921 APPROVED, IN PART, to expire November 28, 1998
(PC98-181) (6 yes votes), and APPROVED waiver of code requirement.
Negative Declaration previously approved.
Mayor Daly. This is a convenience market near the corner of Brookhurst and LaPalma. He wants to
make sure the details on landscaping and signage are in keeping with the Redevelopment Plan for the
Brookhurst Corridor.
A review of the Planning Commission’s decision was requested by Mayor Daly and concurred in by
Council Member McCracken. A public hearing will, therefore, be held before the Council at a later date.
CONDITIONAL USE PERMIT NO. 4071 ANE NEGATIVE DECLARATION:
B7.179:
OWNER:
Southern Counties Gas Company of California, 1919 S. State College Blvd.,
Anaheim, CA 92803
AGENT:
Allen Didonato, 744 G Street #106, San Diego, CA 92101
LOCATION: 1919 South State College Boulevard - Southern California Gas Company.
Property is 17.39 acres located at the northwest corner of Gene Autry Way and State College
Boulevard.
To construct a 40-foot high monopole for two (2) microwave dish antennas (eight [8] foot
diameter each).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4071 GRANTED, for five years, to expire November 9, 2003,
(PC98-182) (6 yes votes, 1 absent).
Approved Negative Declaration.
Mayor Daly. He is concerned with the proposal for microwave poles in the Stadium area and wants to
make sure all the details have been dealt with. He thereupon requested a review of the Planning
Commission’s decision concurred in by Council Member McCracken.
Judy Woolen, Southern California Gas Company came forward and stated she was present to answer
any questions the Council might have on this proposal. The reason the Gas Company would like to see
this move forward this evening is because they have a time constraint to get the monopole installed. It
has gone through the Planning Commission and approved unanimously. They stipulated that the Gas
Company provide additional screening which they have done.
Mayor Daly asked about the time concern since the matter would be back before them in two to three
weeks; Ms. Woolen answered that they wanted to try and get the pole installed by the end of the year.
Mayor Daly asked if the facilities are entirely for the use of the Gas Company; Ms. Woolen answered,
yes, for emergency services to provide emergency communications to their vehicles. They can also be
used by the City if there is a major disaster. It would be the only communication device that would still
be operable without using telephone lines. It is not like a telephone communication system but entirely
different. She reiterated it is entirely for emergency vehicle use to respond to incidents.
Mayor Daly asked to hear from staff since there has been a lot of discussion in the past months about the
cellular antennas that are necessary for mobile phones to operate.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 1, 1998
Joel Fick, Planning Director. On virtually all of the tower proposals staff is seeing, their recommendation
is first to pursue other alternatives. They are also seeing some creative alternatives. He explained one
that the Planning Commission heard the other day where the use was screened by palm trees.
Consequently, staff’s recommendation on this proposal was that some other alternatives be pursued. The
Planning Commission heard some convincing testimony at the meeting, in particular, the location will be
500’ away from the closest right of way which is quite a distance so the site distance is mitigated to some
extent.
Mayor Daly. Planning staff had recommended denial of the request. It appears the Planning
Commission tried to strike a compromise by allowing the pole for five years. He asked if it was the Gas
Company’s intent to move the pole at the end of five years.
Judy Woolen. If new technology becomes available, they would look at that. They have met all the
requirements to disguise the pole as much as possible. There are only two areas where the monopole
can be seen. While driving by, a driver would have to be looking right at the area at the exact second to
see it. In addition, it is in line with a number of power poles which are not to be undergrounded for some
time. This monopole is even shorter. They have agreed to paint it a brown color. They wanted to do a
palm tree disguise but in discussing the matter with staff they decided it would not look right. They will
paint it and disguise it and put brush, trees and shrubs around it so it will not be visible.
Council Member Feldhaus. It may be somewhat obscure now but after putting up two 8’ bell antennas,
that would not be the case.
Mayor Daly. He suggested the public hearing and feels it is still needed. He respects the time
constraints but it is necessary that they be protective of the land use in the City; Ms. Woolen stated this
is completely on their property and they have contacted their existing neighbors and they have no
problem with the proposal.
Additional discussion followed wherein Mayor Daly emphasized his concerns relating to such proposals
and the fact of a time constraint on the part of the Gas Company should not override possible impacts.
He also noted that in Anaheim, similar requests have been approved and some disapproved but that
there are high-property value cities in Orange County that flatly deny such requests.
It was determined after checking with the City Clerk that the Public Hearing could be scheduled to be
heard by the Council on Tuesday, December 15, 1998.
REPORT AND RECOMMENDATION ITEMS:
VARIANCE NO. 447 - REQUEST FOR RETROACTIVE EXTENSION OF TIME, AND
B8.179:
CATEGORICAL EXEMPTION - SECTION 15061 (b)(3):
Steven and Loraine Lazerson, 541 South Grand Avenue, West Covina, CA 91791, requests a
retroactive extension of time to comply with conditions of approval. This permit was originally
approved on March 16, 1998 with several conditions of approval required to be completed within
90 days. Property is located at 302 South East Street (also known as 302 South East Street and
1200 East Broadway - Anaheim Service Station.
ACTION TAKEN BY THE PLANNING COMMISSION:
Retroactive Extension of time for Variance No. 447 APPROVED, to expire February 9, 1998.
CONDITIONAL USE PERMIT NO. 4067 - REQUEST FOR A NUNC PRO TUNC
B9.179:
RESOLUTION:
City of Anaheim, Planning Commission Secretary, 200 South Anaheim Blvd.,
Anaheim, CA 92805, requests a nunc pro tunc resolution to amend Condition No. 20 of
Resolution No. PC98-164 adopted in connection with the approval of Conditional Use Permit No.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 1, 1998
4067. Property is located at 5765 East Santa Ana Canyon Road - Canyon Plaza Shopping
Center.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved a nunc pro tunc Resolution (PC98-174).
CONDITIONAL USE PERMIT NO. 3625 - REQUEST FOR DETERMINATION OF
B10.179:
SUBSTANTIAL CONFORMANCE,
AND NEGATIVE DECLARATION:
Roy Nunn, 31411 Camino Capistrano, Suite 300, San Juan Capistrano, CA 92675, requests
determination of substantial conformance to establish an auto dealership. Property is located at
1382 East Auto Center Drive - Saturn of Anaheim.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3625 determined to be in substantial conformance.
Negative Declaration previously approved.
END OF THE PLANNING COMMISSION ITEMS FROM NOVEMBER 9, 1998.
ORDINANCE FOR ADOPTION:
B11.155: ORDINANCE NO. 5659 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Ordinance Nos. 4976 and 4977 and Section 18.72.070 of the Anaheim
Municipal Code relating to Specific Plan 88-2 for the Summit of Anaheim Hills Specific Plan
(SP88-2 AMENDMENT NO. 3). (Introduced at the meeting of November 17, 1998, Item D5.)
Mayor Daly offered Ordinance No. 5659 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5659 AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING ORDINANCES 4976 AND 4977 AND SECTION 18.72.070
OFTHE ANAHEIM MUNICIPAL CODE RELATING TO SPECIFIC PLAN
88-2 FOR THE SUMMIT OF ANAHEIM HILLS SPECIFIC PLAN (SP88-2
AMENDMENTNO. 3).
Roll Call Vote on Ordinance No. 5659 for adoption:
AYES:MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Tait, Daly
NOES:MAYOR/COUNCIL MEMBERS: None
ABSENT:MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5659 duly passed and adopted.
REQUEST FOR REHEARING:
B12.
CONDITIONAL USE PERMIT NO. 3841, AND NEGATIVE DECLARATION - DETERMINATION
OF PUBLIC CONVENIENCE OR NECESSITY NO. 98-05:
OWNER:
Tarek Berri, 260 S. Euclid Street, Anaheim, CA 92802
Growth Management Company, Attn: Fay Harrison, 3820 E. La Palma Avenue, CA 92807
LOCATION: 2180 West Ball Road - Mobil Service Station. Property is 0.52 acre located at the
southeast corner of Brookhurst Street and Ball Road.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 1, 1998
Conditional Use Permit No. 3841
- to permit retail sales of beer and wine for off-premises
consumption in conjunction with a previously-approved service station with a 2,916 square foot
convenience market.
Determination of Public Convenience or Necessity No. 98-05
- determination of public
convenience or necessity for retail sales of beer and wine for off-premises consumption in
conjunction with a previously-approved service station with a 2,916 square foot convenience
market.
ACTION TAKEN BY THE PLANNING COMMISSION:
Denied the sale of beer and wine for CUP NO. 3841 (PC98-143) (7 yes votes).
Denied Determination of Public Convenience or Necessity No. 98-05 (PC98-144).
Negative Declaration previously approved.
Informational item at the meeting of September 22, 1998, Item B10. Letter of appeal submitted
by the agent, Growth Management Company.
At a public hearing held October 20, 1998, Item D3, the Anaheim City Council denied CUP NO.
3841 (Resolution No. 98R-234), and denied Determination of Public Convenience or Necessity
No. 98-05 (Resolution No. 98R-235).
A Request for Rehearing and Declaration of Merit was submitted by the owner, Growth
Management Company.
Council Member Tait stated that his firm does work for Mobil and therefore he is declaring a conflict and
will be abstaining from any discussion or decision on this matter.
MOTION. Council Member Kring moved to approve the request for a rehearing. Council Member
McCracken seconded the motion.
Before a vote was taken, Mayor Daly asked to hear from Planning staff.
Joel Fick, Planning Director. This is an item that typically the City Attorney advises there should be new
testimony or new evidence the City Council believes compelling enough to grant the rehearing. The item
is back before the Council with information submitted by the applicant.
Council Member Kring. She was not a Council Member when the proposal was originally heard. She
feels there is new information that warrants a rehearing.
Mayor Daly asked Planning staff to comment on the subject of a replacement license, i.e., the notion of
replacing a beer and wine license with an existing license.
Joel Fick. His recollection was that the discussion regarding a license focused more on the area that in
this reporting district, crime was 23% above average. There was also discussion about licenses
generally along Brookhurst.
City Attorney White. The reason this was in need of a Determination of Public Convenience and
Necessity (PCN) resulted from the fact that this reporting district was 23% above the average of reported
crime. Under State law, this required that there be a determination by the Council. The other grounds
they sometimes see, there are too many alcoholic beverage establishments in the district already. This
district would allow three and there is one existing now. The Council had on occasion in the past
required business owners to purchase an existing license usually in the same reporting district. However,
if this were granted a rehearing, one of the issues the Council may decide to address is whether in this
instance they would require purchase of an existing license within a certain radius. That could be
considered as well as that time if the hearing is granted.
Mayor Daly. This is a gas station under construction and close to completion. He asked if there were
any waivers granted at all on this project. He visited the site yesterday and noticed this particular corner
and service station has had quite a history.
15
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 1, 1998
Joel Fick. The landscaping has been installed or is being finalized and there are some substantial
upgrades in that regard. To his recollection, no waivers were requested.
Council Member Kring. These people filed information stating facts siting over 200 stations with beer
and wine that have crime rates way above this location. Since all licenses have not been given out, she
feels it is a hardship to the owner by denying him the ability to raise revenue.
Mayor Daly. Relative to the total number of beer and wine licenses, they have heard from staff
regarding full alcohol licenses. When it comes to beer and wine, if they required this operator to buy an
existing beer and wine license in the area, say they set a cap at 5 or 6, whatever the number is, could the
ABC (State government) approve an additional one without the City’s approval. Can the City effectively
set a limit on the number.
City Attorney White. Some require two approvals -- one is ABC and one is zoning. The City never loses
its right to approve as a zoning item regardless of what ABC does. ABC does have jurisdiction in these
cases where there is not a need for a PCN determination by the Council. That only comes to the Council
when in a high-crime area or the number of licenses exceeds that allowed by State law for the area. It is
possible that the Council would not be in a position to make the PCN determination and ABC could
approve that but to the extent that it still requires a CUP for the use, the Council can deny and the use
cannot be established irrespective of the ABC determination.
Joel Fick. The City Attorney is correct. The Council has established square footage rates. With very
large markets such as Ralph’s or Alpha Beta, such sales are permitted but virtually anything else, on sale
or off sale, would require a CUP.
City Attorney White. Answering the Mayor stated relative to the information submitted by the applicant,
from a legal perspective, he believes this is solely discretionary with the Council. He is satisfied the City
followed the correct legal process and is not mandated nor is there a legal infirmity that would cause him
to recommend that a rehearing should be granted to resolve a legal infirmity. It is a policy issue whether
or not the Council wants to grant the rehearing or not. It is not a legal necessity.
Joel Fick. He believes that much of the information outlined was presented when the hearing occurred
previously. There was considerable discussion about crime rates in the reporting district.
Council Member Kring referred to the material submitted noting the instances where beer and wine
licenses were approved despite the above-average crime rates in the areas indicated. She questioned
how they could reconcile approving those others and not this one.
Mayor Daly. His thinking on the subject is that not only the crime rate should be considered but also the
total number of beer and wine outlets in the neighborhood. There has also been a push on to reduce the
number of alcohol sale opportunities in the Brookhurst Corridor in the last couple of years.
Council Member Kring. To the South there is nothing (no alcohol sales), there is a bar across the street
and there is a restaurant going east; Joel Fick. He stated that is correct and he believes some of those
locations were discussed at the hearing. There was also discussion regarding the convenience market
next door that does not have beer and wine or liquor sales. It used to be a liquor store and that was
deleted. A number of these items were touched upon. The issue is, from a policy standpoint, if the
Council wishes to revisit the issue.
City Attorney White clarified for the Mayor that the deadline for acting on this is tonight but the Council
could also continue a decision to the next meeting if they wished to do so.
MOTION. Mayor Daly suggested a continuance of the matter for one week. Council Member Kring
seconded the motion.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 1, 1998
Before a vote was taken, Council Member Feldhaus stated this is strictly for off sale. They can talk
about the bars and restaurants in the immediate area and there are two, three or four right now which
have on sale licenses. There is another service station on the northeast corner that will probably be
coming back, a Shell station that will want to be doing the same thing. They have been through this type
of situation at least a dozen times. He does not know how selling beer and wine contributes to the crime
rate. Buying alcohol and drinking it on the service station parking lot or nearby and driving off is the
crime. He does not perceive how the crime rate should affect a person who wants to get into business.
Not too long ago they were turning down markets in association with gas stations. As far as he is
concerned, it is just an off-sale license and for convenience they can buy it (beer and wine), fill their tank
with gas and take the beer/wine home.
Mayor Daly asked if he would like to see the matter set for a rehearing or that it be continued for a week;
Council Member Feldhaus preferred to have it continued for a week. He was not present when the
original dialogue took place and he would like to hear new input, if any, that will make him feel different.
A vote was then taken on the motion to continue the request for one week. Council Member Tait
abstained. MOTION CARRIED.
ITEM B13 FROM THE PLANNING COMMISSION MEETING OF
NOVEMBER 23, 1998:
INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 3, 1998:
ENVIRONMENTAL IMPACT REPORT NO. 311
B13.155:
FINAL SITE PLAN NO. 98-14 - REQUEST FOR REVIEW AND APPROVAL OF A FINAL SITE
PLAN:
Walt Disney Company, Attn: John Graves, 1401 Flower Street, Glendale, CA 91221-
5020, requests review and approval of the Final Site Plan for The Disneyland Resort Specific
Plan Theme Park, Hotel and Parking District setback areas adjacent to Disneyland Drive and
Ball Road.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved the Final Site Plan (Exhibits Nos. 1 - 10) based upon a finding that the Final Site Plan
is in conformance with the Disneyland Resort Specific Plan No. 92-1 (7 yes votes).
Approved previously certified EIR NO. 311.
DESIGNATION OF MAYOR PRO TEM:
C1. That the City Council, by motion, appoint one Council
Member to serve as Mayor Pro Tem.
City Clerk Sohl. As she indicated to the Council in a recent communication, since the City Council no
longer has a policy regarding when a Mayor Pro Tem is selected (policy rescinded by the Council in
1997), she has placed the matter on the agenda for consideration or direction by the Council.
MOTION. Council Member Feldhaus moved to appoint Council Member Shirley McCracken as Mayor
Pro Tem for one year. Mayor Daly seconded the motion. MOTION CARRIED.
COUNCIL COMMENTS:
C2.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 1, 1998
Council Member McCracken. She reminded everyone of the 1998 Nutcracker Holiday Festival which will
be taking place starting Friday, December 4, 1998 with the tree-lighting to take place (approximately
6:15), after the start of ceremonies at 5:00 P.M. There will also be a Pancake Breakfast on Saturday
morning sponsored by the Kiwanis Club to be held at the First Presbyterian Church, 301 W. Broadway
(7:00 a.m. - 12-Noon). The Festival is a celebration for families and all citizens of Anaheim.
Mayor Daly also urged attendance noting that the public is invited to the festivities which has become
another important annual event in the downtown area of the City.
* * * * * * * * * * * * * * * * * * * *
Council Member Kring. She commented that her first Council meeting proved to be a much easier
experience than she thought. She thanked those who stayed to the end.
* * * * * * * * * * * * * * * * * * *
Council Member Feldhaus. He thanked everyone again for their support and, as Council Member Kring,
for those who stayed for the duration.
ADJOURNMENT: By general Council consent, the Council meeting of December 1, 1998 was adjourned
(6:49 P.M.).
LEONORA N. SOHL
CITY CLERK
18