1998/11/03ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 3, 1998
The City Council of the City of Anaheim met in regular session.
PRESENT:COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel, Lou Lopez
ABSENT:MAYOR: Tom Daly
PRESENT:CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:00 a.m. on
October 30, 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 3:00 p.m.
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.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
1.
54956.9(a) - Existing Litigation:
Name of case:
Delmonico, et al. v. City of Anaheim, et al. (and 18 related cases) Orange
County Superior Court Case No. 70-80-71.
ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS:
2.
Titles: City Manager, City Attorney, City Clerk, and City Treasurer.
RECESS:
Council Member McCracken moved to recess into Closed Session. Council Member Lopez
seconded the motion. MOTION CARRIED. (3:07 p.m.)
By general consent, the Council recesses into Closed Session.
AFTER RECESS:
Mayor Pro Tem Lopez called the regular Council meeting of November 3, 1998 to order at 5:11
p.m. and welcomed those in attendance.
INVOCATION: Bryan Crow, Pastor of the Garden Church gave the invocation. He also noted in his
invocation that the Mayor’s father, Bill Daly, was involved in a traffic accident this afternoon (the reason
for the Mayor’s absence) and remembered him in his invocation.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 3, 1998
FLAG SALUTE:
Council Member Shirley McCracken led the assembly in the Pledge of Allegiance to the Flag.
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
PROCLAMATIONS
119: : The following Proclamations were issued and authorized by the City Council:
1.PROCLAMATION recognizing November 2-13 as “Anaheim Employees Charities Weeks”.
2.PROCLAMATION recognizing November 1-7, 1998 as “Key Club Week”.
3.DECLARATION recognizing Joanne L. Stanton and R.A. “Molly” McGee on their retirement from
the Anaheim Union H. S. District Board of Trustees.
FINANCIAL DEMANDS AGAINST THE CITY
in the amount of $3,693,411.79 for the period ending
November 3, 1998, in accordance with the 1998-99 Budget, were approved.
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Cheryl Silva, Anaheim resident, stated she was present regarding City utility bills, especially for low
income citizens on Social Security, S.S.I., senior citizens, etc. She has noticed a steady increase in
utility bills with different added items on which they don’t have any information. She reiterated, it seems
that the bills keep increasing. In view of the large population of fixed income people in the community,
she is present on her own and their behalf to see if they can get lower utility bills.
Mayor Pro Tem Lopez. He asked if someone from staff could assist Ms. Silva; City Manager Ruth. He
will ask Stan Madrid, Administrative Assistant, who is present in the Chamber audience to get Ms. Silva’s
address and staff will subsequently talk with her about her concern.
MOTION:
Council Member McCracken moved to waive reading in full of all ordinances and resolutions to
be acted upon for the Council meeting of November 3, 1998. Council Member Tait seconded
the motion. Mayor Daly was absent MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A14:
On motion by Council Member
McCracken, seconded by Council Member Zemel, the following items were approved in accordance with
the reports, certifications and recommendations furnished each Council Member and as listed on the
Consent Calendar; Council Member McCracken offered Resolutions Nos. 98R-241 through 98R-244,
both inclusive, for adoption. Council Member McCracken offered Ordinance No. 5657 for first reading
and Ordinance No. 5656 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 Sharon and James W. Payne II for property damage sustained
purportedly due to actions of the City on or about August 30, 1998.
b. Claim submitted by Josephine and Roel Deles for property damage sustained purportedly due
to actions of the City on or about May 16, 1998.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 3, 1998
c. Claim submitted by Hoa N. Pham for property damage sustained purportedly due to actions of
the City on or about June 15, 1998.
d. Claim submitted by Alexander Rafael Iusan c/o Law Offices of Gaber Szabo for property
damage sustained purportedly due to actions of the City on or about December 3, 1997.
e. Claim submitted by Mike Brookman for property damage sustained purportedly due to actions
of the City on or about July 4, 1998.
f. Claim submitted by Andrea H. Heizer for property damage sustained purportedly due to
actions of the City on or about September 3, 1998.
g. Claim submitted by Bany Teo for property damage sustained purportedly due to actions of the
City on or about July 18, 1997.
h. Claim submitted by Nguyet Le for property damage sustained purportedly due to actions of
the City on or about August 28, 1998.
i. Claim submitted by Peter Giovannoni for property damage sustained purportedly due to
actions of the City on or about September 1, 1998.
j. Claim submitted by William Choivez Morales for property damage sustained purportedly due
to actions of the City on or about August 25, 1998.
k. Claim submitted by Diana V. Nguyen for property damage sustained purportedly due to
actions of the City on or about June 17, 1998.
l. Claim submitted by Ernesto Santos for property damage sustained purportedly due to actions
of the City on or about August 27, 1998.
A2.128: Receive and file the Monthly Financial Analysis for two months ending August 31, 1998.
105: Receive and file the minutes of the Budget Advisory Commission meeting of September
16, 1998.
A3.158: Approving an acquisition agreement for real property located at 1770 South Harbor
Boulevard (R/W 5180-24): Approving the temporary construction easement; authorizing the
acquisition payment of $1,800 to TML, LLC; and authorizing the Mayo and City Clerk to execute
said agreement. (Katella Avenue Smart Street Improvements Project.)
A4.158: Approving an acquisition agreement for real property located at 1015 West Ball Road (R/W
5090A); authorizing the acquisition payment of $93,854 to William Donovan Miller, Trustee and
Robert Bruce Miller, Trustee; and authorizing the Mayor and City Clerk to execute said
agreement.
A5.123: Approving an agreement with DGA Consultants, Inc., an amount not to exceed $100,000
for miscellaneous engineering design services for Public Works Improvment Projects, and
authorizing the Mayor and City Clerk to execute said agreement.
A6:160: Accepting the low bid of C.G.I. Systems, Inc. in an amount not to exceed $250,993 plus
taxes, for the upgrade of the 15KV switchgear at Southwest Substataion, in accordance with Bid
No. 5829.
A7.160: Accepting the low bid of Heisler Landscape in an amount not to exceed $99,720 (including
tax) for the purchase and installation of bus benches, in accordance with Bid No. 5849.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 3, 1998
A8.160: Accepting the low bid of Best Roofing in an amount not to exceed $365,208 (including tax)
for the removal and replacement of existing roof systems, in accordance with Bid No. 5848.
A9.158: RESOLUTION NO. 98R-241 ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY
OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN.
A10.117: RESOLUTION NO. 98R-242 AMENDING RESOLUTION NO. 75R-431, WHICH
ESTABLISHED A DEFERRED COMPENSATION PLAN FOR FULL-TIME EMPLOYEES, TO
ADDRESS OPERATIONAL ISSUES AND ESTABLISH A TRUST.
117: RESOLUTION NO. 98R- 243 AMENDING RESOLUTION NO. 91R-173, WHICH
ESTABLISHED A DEFERRED COMPENSATION PLAN FOR PART-TIME EMPLOYEES, TO
ADDRESS OPERATIONAL ISSUES AND ESTABLISH A TRUST.
117: RESOLUTION NO. 98R- 244 ESTABLISHING A DEFERRED COMPENSATION PLAN
TRUST AS REQUIRED BY THE INTERNAL REVENUE CODE.
A11.155: Determining that the proposed ordinance constitutes a project falling within the definition of
Categorical Exemption (Section 15061(b) (3) in the State CEQA guidelines and is therefore
exempt from the requirement to prepare an EIR.
108: ORDINANCE NO. 5657 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SUBSECTION .020 OF SECTION 7.16.060 OF CHAPTER 7.16 OF
TITLE 7 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PUBLIC NUDITY.
Council Member Zemel. He asked for a brief report on the proposed ordinance.
City Attorney White. This item is to implement the new legislation that is known as the Baugh Bill which
provides that cities can now adopt ordinances to require Sex Oriented Business (SOB) establishments
have clothing on the entertainers, at least some moderate amount to cover up the anatomical parts
described in the ordinance. If adopted, the ordinance will implement provisions of that State Law on
January 1, 1999 when it takes effect.
Council Member Zemel. He surmises that this is as strong as the City can be relative to these
businesses and still be within the law; City Attorney White confirmed that was correct.
A12.108: ORDINANCE NO. 5656 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF CHAPTER 18.89 OF TITLE 18
OF THE ANAHEIM MUNICIPAL CODE RELATING TO SEX-ORIENTED BUSINESSES.
(Introduced at the City Council Meeting of October 27, 1998.)
A13.123: Approving the terms and conditions of the ninth amendment to the agreement with
Eberhardt and Stone, the City’s geotechnical consulting firm for the Santiago Landslide.
A14.114: Approving the minutes of the City Council Meeting held October 13, 1998.
Roll Call Vote on Resolution Nos. 98R-241 through 98R-244, both inclusive, for adoption:
AYES:MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez
NOES:MAYOR/COUNCIL MEMBERS: None
ABSENT:MAYOR/COUNCIL MEMBERS: Daly
Mayor Pro Tem Lopez declared Resolution Nos. 98R-241 through 98R-244, both inclusive, duly passed
and adopted.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 3, 1998
Roll Call Vote on Ordinance No. 5656 for adoption:
AYES:MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez
NOES:MAYOR/COUNCIL MEMBERS: None
ABSENT:MAYOR/COUNCIL MEMBERS: Daly
Mayor Pro Tem Lopez declared Ordinance No. 5656 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRED. (Mayor Daly absent.)
ITEMS B1 - B8 FROM THE PLANNING COMMISSION MEETING OF
OCTOBER 12, 1998:
INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMBER 3, 1998:
ENVIRONMENTAL IMPACT REPORT NO. 313 ANAHEIM RESORT SPECIFIC PLAN
B1.155:
NO. 92-2, AMENDMENT NO. 2:
OWNER:
Chevron Products Company, Attn: Mario Bautista, 1300 S. Beach Blvd., La Habra,
CA 90631
AGENT:
RFI Inc., 2058 S. Santa Cruz, #2100, Anaheim, CA 92805
LOCATION:
The approximate 555-acre Anaheim Resort Specific Plan area is generally located
adjacent to and southwest of Interstate 5 between Ball Road and Orangewood Avenue and is
accessible from Harbor Boulevard, Ball Road, Freedman Way/Disney Way, Katella Avenue,
West Street/ Disneyland Drive, Orangewood Avenue, Haster Street/Anaheim Boulevard and
Walnut Street.
Proposal to amend the Anaheim Resort Specific Plan Zoning and Development Standards
(Section 18.48.070.050 of Chapter 18.48 of the Anaheim Municipal Code) to add “Coffee
House” as a conditionally permitted accessory use in conjunction with an automobile service
station.
ACTION TAKEN BY THE PLANNING COMMISSION:
Denied request to amend Specific Plan No. 92-2, Amendment No. 2
(PC98-160) (4 yes votes, 2 no votes, and 1 absent).
EIR NO. 313 previously certified.
An appeal of the Planning Commission's decision was submitted by Chevron Products Company in letter
dated November 3, 1998 and, therefore, a Public Hearing will be held before the Council at a later date.
WAIVER OF CODE REQUIREMENTCONDITIONAL USE PERMIT NO. 4059, AND
B2.179:
NEGATIVE DECLARATION
:
OWNER:
Valencia Investment Group, LLC, 1985 S. Santa Cruz St., Anaheim, CA 92805
AGENT:
Mary Ann Chamberlain, 2426 S. Rita Way, Santa Ana, CA 92704
LOCATION: 1576 West Katella Avenue. Property is 0.27 acre located on the south side of
Katella Avenue, 130 feet east of the centerline of Bayless Street.
To construct a self-service automobile car wash with 5 bays and accessory outdoor vacuums
with waiver of minimum landscape setback.
ACTION TAKEN BY THE PLANNING COMMISSION:
WITHDRAWN by the applicant.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 3, 1998
CONDITIONAL USE PERMIT NO. 4066, AND NEGATIVE DECLARATION:
B3.179:
OWNER:
Tien Seng International Inc., Attn: Tsui Fang Huang, 800 S. Beach Blvd., Anaheim,
CA 92804
AGENT:
SWS Design Group Inc., Attn: Jason Liao, 2121 W. Mission Road, Alhambra, CA
91803
LOCATION: 3107-3115 West Lincoln Avenue - La Mirage Center. Property is 0.51 acre located
on the north side of Lincoln Avenue, 95 feet west of the centerline of Grand Avenue.
To permit one (1) additional tenant space (in existing floor area) for a total of five (5) units in an
existing 8,684 square foot commercial retail center.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4066 GRANTED (PC98-163) (6 yes votes, 1 absent).
Approved Negative Declaration.
WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 4067, AND
B4.179:
NEGATIVE DECLARATION:
OWNER:
Imperial Properties (Parcels 1 and 1A), Canyon Plaza Shopping Center (Parcels 2 and
2A), P.O. Box 7250, Newport Beach, CA 92658
AGENT:
Phillip L. Anthony, 14101 La Pat Place #10, Westminster, CA 92683
LOCATION: 5765 East Santa Ana Canyon Road - Canyon Plaza Shopping Center. Property is
15.0 acres located at the northeast corner of Santa Ana Canyon Road and Imperial Highway.
To permit the 2,526 square foot expansion of an existing commercial retail center for a total of
59 units and to permit an additional 400 square foot outdoor plant display area in conjunction
with a proposed 9,826 square foot (total) hardware store with waivers minimum parking lot
landscaping and minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4067 GRANTED (PC98-164) (6 yes votes, 1 absent).
Alpproved waiver of code requirement.
Approved Negative Declaration.
CEQA NEGATIVE DECLARATION CONDITIONAL USE PERMIT NO. 3204
B5.179:
CATEGORICAL EXEMPTION-CLASS 3 CONDITIONAL USE PERMIT NO. 3528:
OWNER:
Canyon United Methodist Church, 101 Chaparral Court, Anaheim, CA 92808
AGENT:
Hammill and Associates/Attn: Greg Hammill, 414 Fernhill Lane, Anaheim, CA 92807
LOCATION: 101 Chaparral Court - Light of the Canyon United Methodist Church. Property is
1.3 acres located at the southwest corner of Kaiser Boulevard and Chaparral Court.
Conditional Use Permit No. 3204
- request for a retroactive extension of time to comply with
conditions of approval for a previously-approved 40-foot high church. This permit was originally
approved on October 9, 1989 and has been granted two extensions of time with the most recent
extension expiring on October 9, 1992.
Conditional Use Permit No. 3528
- to consider reinstatement of this permit which currently has
a time limitation (until July 27, 1994) to retain two modular structures used for a temporary
church sanctuary, offices, classrooms and kitchen facilities and to add two additional modular
structures (720 square foot classroom and 300 square foot [library/cry room]).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved extension of time for CUP NO. 3204, and approved reinstatement of CUP NO. 3528
for one year, to expire 10/9/99 (PC98-165)
(6 yes votes, 1 absent).
Negative Declaration previously approved.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 3, 1998
CONDITIONAL USE PERMIT NO. 3954 - REQUEST FOR DETERMINATION OF
B6.179:
SUBSTANTIAL CONFORMANCE
AND MITIGATED NEGATIVE DECLARATION:
Sa-Rang Church, 19200 South Pioneer Boulevard, Cerritos, CA 90703, requests determination
of substantial conformance pertaining to heights of parking lot lighting. Property is located at
1111 North Brookhurst Street - Sa-Rang Presbyterian Church of Southern California.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined not to be in substantial conformance with the previously-approved site plan for CUP
NO. 3954
Negative Declaration previously approved.
CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED)
B7.179:
CONDITIONAL USE PERMIT NO. 3952 - REQUEST FOR A RETROACTIVE EXTENSION OF
TIME TO COMPLY WITH CONDITIONS OF APPROVAL AND REQUEST FOR
SUBSTANTIAL CONFORMANCE:
Robert Weiss, Anaheim Indoor Marketplace, 1440 South
Anaheim Boulevard, Anaheim, CA 92805, requests a retroactive time extension (until September
29, 1999) to comply with conditions of approval for a previously-approved television studio and
entertainment area with sales of beer for on-premises consumption in conjunction with an
existing indoor swap meet and a determination of substantial conformance to modify the
previously-approved television studio and entertainment area. Property is located at 1440 South
Anaheim Boulevard - Anaheim Indoor Marketplace.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved extension of time for CUP NO. 3952 (to expire 9/29/99), and determined to be in
conformance with previously-approved plans.
Negative Declaration previously approved.
NEGATIVE DECLARATION (PREVIOUSLY-APPROVED)
B8.179:
CONDITIONAL USE PERMIT NO. 3598 - REQUEST FOR SUBSTANTIAL CONFORMANCE:
Calvary Chapel Anaheim - Mark E. Bove, Pastor, 270 East Palais Road, Anaheim, CA 92805,
requests determination of substantial conformance to convert 1,146 square feet of an existing
multipurpose room into 2 additional classrooms in conjunction with a previously-approved pre-
school and elementary school within an existing church facility. Property is located at 270 East
Palais Road.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3598 determined to be in substantial conformance with previously approved plans.
Approved Negative Declaration.
END OF THE PLANNING COMMISSION ITEMS.
ITEMS B9 - B10 FROM THE ZONING ADMINISTRATOR MEETING OF
OCTOBER 22, 1998 DECISION DATE: OCTOBER 29, 1998
INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMBER 13, 1998:
CONDITIONAL USE PERMIT NO. 3393, AND NEGATIVE DECLARATION:
B9.179:
OWNER: Independent Development, 1216 North Tustin Street, Orange, CA 92867
AGENT: Art Bermudez, 1421 South Easy Way, Anaheim, CA 92804
LOCATION: 1731 West Katella Avenue - Cabo’s Mexican Restaurant. Property is
approximately 2.67 acres located at the northwest corner of Katella Avenue and Euclid Street.
To consider reinstatement of this permit which currently contains a time limitation (until July 6,
1998) to retain the retail sales of beer and wine for on-premises consumption within an existing
restaurant.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 3, 1998
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Amended conditions of approval of CUP NO. 3393
(ZA DECISION NO.98-29).
Negative Declaration previously approved.
CONDITIONAL USE PERMIT NO. 3798, AND NEGATIVE DECLARATION:
B10.179:
OWNER: Weir Partners, L.T.D., 1 Park Plaza, Suite #430, Irvine, CA 92614
AGENT: Joseph D. Carroll, 1 Park Plaza, Suite #430, Irvine, CA 92614
LOCATION: 721 South Weir Canyon Road - Rosine’s Restuarant. Property is approximately
11.9 acres located at the southwest corner of Weir Canyon Road and Serrano Avenue.
To permit a 900 square foot expansion to an existing full-service restaurant with on-premises
sale and consumption of beer and wine.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Amended previous decision to permit expansion under CUP NO. 3798 (ZA DECISION NO. 98-
30).
Negative Declaration previously approved.
END OF THE ZONING ADMINISTRATOR ITEMS.
REQUEST FOR REHEARING AND DECLARATION OF MERIT - LA ESTRELLA
B11. 179:
RESTAURANT - CONDITIONAL USE PERMIT NO. 1594:
Request for rehearing submitted by
Rick A. Blake on behalf of the La Estrella Restaurant (Conditional Use Permit No. 1594). The
City Council accepted the findings of the Hearing Officer at their meeting held October 13, 1998
(see minutes that date).
City Attorney White. The City Council is required to either approve or deny this application for a
rehearing.
MOTION. Council Member Zemel moved to deny the request for a rehearing on Conditional Use
Permit No. 1594 - La Estrella Restaurant. Council Member McCracken seconded the motion.
Mayor Daly was absent. MOTION CARRIED.
FROM THE PLANNING COMMISSION MEETING OF OCTOBER 26, 1998-
10-DAY APPEAL PERIOD
ENVIRONMENTAL IMPACT REPORT NO. 313 FINAL SITE REVIEW NO. 97-14 -
B12:155:
REVIEW AND APPROVAL OF A FINAL SITE PLAN:
Convention Center Inn LTD, c/o Ashik Patel, 1734 So Harbor Blvd. Anaheim 92802
Review and approval of a Final Site Plan, to develop a 6-story 351-
room hotel complex consisting of the construction of 228 new hotel rooms and renovation of 123
existing hotel rooms. Property is located at 2017 South Harbor Boulevard and is within the
Anaheim Resort Specific Plan Zone. (Convention Center Inn.)
Approved by the Planning Commission. (6 ayes, Williams absent)
REPORT ON CLOSED SESSION ITEMS:
C1. 112:
MOTION. Council Member McCracken moved to continue performance evaluations for Council
appointees - City Manager, City Attorney, City Clerk, City Treasurer - to November 17, 1998. Council
Member Zemel seconded the motion. Mayor Daly was absent. MOTION CARRIED.
City Attorney White stated there were no Closed Session items to report.
COUNCIL COMMENTS:
C2. 114:
Council Member Zemel. He has an issue for the City Manager regarding employee policy relative to
City-wide elections involving employees, whether they are department heads or union members. He
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 3, 1998
recalls a few years back there were some stiff penalties for some Firefighters who used City computers
working for a certain candidate while on duty. By the same token, he believes the same type of penalties
or issues should apply to someone working against a candidate while on duty and in uniform which, in
fact, happened. He has talked briefly to the Police Chief about this matter although he has been holding
off asking for any formal action or investigation because he did not want the parties involved to be
affected during the election. The matter involved Pringle Draperies, Larry Pringle, father of Curt Pringle,
and he did not want this to become an issue that might somehow affect the election.
He then relayed the incident where a uniformed Police Officer, Dave Wiggins, answered a call relating to
the day laborer situation (on Lincoln Avenue by Home Depot), an issue in which he (Zemel) has been
very active and involved in trying to find an answer. He has even taken on Home Depot one-on-one on
occasion. On two occasions, Officer Wiggins told two different employees at Pringle Draperies, “That
the day-laborer situation on Lincoln Avenue would be handled and settled by now if it were not for
Councilman Bob Zemel. It is because of him we do not have this situation under control.” He is asking,
(whether this is his last meeting or his first of the next four years) from a public policy standpoint, that the
matter be investigated. It is a situation where uniformed Police Officers are campaigning, and in this
case an Officer from a union that is opposing him in the Mayor’s race. That needs to be on the record as
well.
At the same time, a Department Head, Fire Chief Bowman made derogatory comments towards one of
the (City’s) elected officials and although he doesn’t mind one-on-one meetings or criticism, he would like
to know if it is the City Manager’s policy to have his Department Heads making comments about the
elected officials during the middle of a campaign. Is it his purpose and intention to have his people being
active in these elections.
City Manager, James Ruth. Relative to the first issue, the Police Chief did give him a preliminary report
on the reported incident and was awaiting a decision for them to pursue that. He will do so based upon
the discussion tonight. Secondly, his office does not condone any kind of political activity by any City
employee during a campaign and certainly not management people. He will be glad to provide that in
writing and inform him of the policy.
Council Member Zemel. He appreciates the City Manager’s attention in this regard. The inactivity on
these subjects has been because of him (Zemel) since he wanted the election to be over before he
brought them up. The Police Chief did ask but he wanted the Chief to wait.
* * * * * * * * * * * * * * * * * * * * * *
Council Member Tait. He is asking that the Council Meeting be adjourned in fond memory of Jackie
Powers who passed away this afternoon. Jackie is the wife of Past Chairman of the Investment Advisory
Commission, Pat Powers. She was a major philanthropist in the City and gave much more than she
took. She will be sorely missed.
* * * * * * * * * * * * * * * * * * * * *
Council Member McCracken. She expressed concern and hope for the well being of Mayor Daly’s father,
Bill Daly, who was involved in a serious auto accident earlier today. All hope for his speedy recovery.
ADJOURNMENT: By general Council consent, the City Council adjourned the Council Meeting of
November 3, 1998 in memory of Jackie Powers (5:26 P.M.).
LEONORA N. SOHL
CITY CLERK
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