1983/04/05City Hall, Anaheim~ California - COUNCIL MINUTES - April 5, 1983~ 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
PARKS/RECREATION/COMMUNITY SERVICES DIRECTOR: Chris Jarvi
ASSISTANT CITY ATTORNEY: Jack L. White
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION:
Invocation.
The Reverend Tom Favreau, Hotline Help Center, gave the
FLAG SALUTE: Councilman E. Llewellyn Overholt, Jr., led the assembly in the
Pledge of Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth
and authorized by the City Council:
Week of the Handicapped in Anaheim, April 11-17, 1983.
Victims Rights Week in Anaheim, April 17-23, 1983.
Fair Housing Month in Anaheim, April 1983.
I Love America Day in Anaheim, April 7, 1983.
The Week of the Handicapped proclamation was accepted by Frank Yach and the I
Love America Day proclamation was accepted by Jack Wade.
119: RESOLUTION OF WELCOME: A resolution of welcome was unanimously adopted
by the City Council welcoming the South Coast District of the Jewish War
Veterans Council to Anaheim on the occasion of their installation dinner and
dance to be held at the Hyatt Anaheim and Saturday, April 16, 1983. The
resolution was accepted by Joseph Lichtenfeld on behalf of the District and
their Commander, Stanley Zwick.
119: RESOLUTION OF WELCOMe: A resolution of welcome was unanimously adopted
by the City Council welcoming the California Federation of Women's Clubs to
Anaheim, District #22, on the occasion of their 1983 convention to be held at
the Hilton at the Park on April 15 and April 16, 1983.
119: INTRODUCTION: Mayor Roth acknowledged the presence of German Exchange
students from Duren, Germany, who were presently attending Canyon High
School. Dr. Richard Jackson, Principal of Canyon High School, then introduced
Mr. Herbert Klein, a teacher from Germany, along with his wife, who were
present with the students. Mr. Klein then introduced each student by name and
they were personally greeted by the Mayor and all Council Members.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1983, 10:00 A.M.
~!INUTES: Councilman Pickler moved to approve the minutes of the regular
meeting held March 1, 1983. Councilwoman Kaywood seconded the motion. MOTION
.~ARRIED.
?AIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
~aive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Bay seconded the
motion. MOTION CARRIED.
~INANCIAL DEMANDS AGAINST THE CITY in the amount of ~962,666.19, in accordance
~ith the 1982-83 Budget, were approved.
153: CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman
Pickler, seconded by Councilman Overholt, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilman Pickler
~ffered Resolution Nos. 83R-130 through 83R-142, both inclusive, for
adoption. Refer to Resolution Book. Councilman Pickler offered Ordinance
Nos. 4414 through 4418, both inclusive, for first reading. The City Manager
withdrew the item relating to the vacation schedule for the Executive Director
of Administrative Services.
1. 118: The following claims were filed against the City and action taken as
recommended:
A. Claims denied and referred to Risk Management:
1. Claim submitted by William J. Kitchen for personal property damages to
microwave oven purportedly sustained due to fluctuation in electrical
currents at 5976 Avenida La Vida, on or about February 13, 1983.
2. Claim submitted by I~alea Backus for personal injuries purportedly
sustained due to a trip-and-fall accident caused by sidewalk raised by
roots of a parkway tree in front of 544 Sherwood Drive, on or about
December 9, 1982.
3. Claim submitted by Lynn Warren for personal property damages.to
automobile tire purportedly sustained due to a pothole in the street at
the intersection of Euclid Street and Lincoln Avenue, on or about
February 7, 1983.
B. Claim denied and referred to Governmental Programs Division/Markel
Service, Inc.:
4. Claim submitted by Paul Garabedian for personal property damages to
bicycle purportedly sustained due to actions of Anaheim Police Officers at
the Anaheim Police Station, on or about February 28, 1983.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1983, 10:00 A.M.
C. Claim allowed payment:
5. Claim submitted by Southern California Gas Company for property
damages to gas line purportedly sustained due to actions of City employees
at 5448 East Candlewood Circle, on or about January 5, 1983. (594.07)
2. The following correspondence was ordered received and filed:
a. 175: Before the Public Utilities Commission, Notice of Prehearing
Conference in connection with Application Nos. 82-12-02, 82-12-04, 57626
and 57792, OII No. 1, and Case No. 10342.
b. 175: In the matter of Southern California Edison Company, Application
No. 83-03-036, requesting a reduction in rate levels and certain changes
in the text of some offset clauses to become effective May 1, 1983.
c. 105: Youth Commission--Minutes of March 9, 1983.
3. 108: Approving an application for a Public Dance Permit submitted by
Lillian Landeros, Cinco de Mayo Committee, to hold a dance at the Martin
Recreation Center, La Palma Park, April 22, 1983 from 7:00 p.m. to 1:00 a.m.,
in accordance with the recommendations of the Acting Chief of Police.
4. 123: Authorizing an agreement with the County of Orange at an estimated
cost of 528,000, for maintenance of two-way radio equipment for a period of
five years.
5. 160: Authorizing the Purchasing Agent to issue a Purchase Order to
Automatic Elevator Company in the amount of 518,570 for upgrading of four
Stadium elevators to meet State prevailing earthquake emergency provisions and
appropriating 518,570 to Account No. 61-502-7107 from surplus unbudgeted
~MTRAK Theme Tower lease revenues.
6. 140/106: Accepting the reimbursement from the State for interlibrary
loans in the amount of 51,669.36'and appropriating said amount into Account
01-173-4180.
7. 175.137 (1983 Issue): Authorizing the sale of electric revenue bonds and
electric revenue refunding bonds in amounts and maturities to be determined at
a later day by a negotiated sale on Friday, April 29, 1983, 9:30 a.m.; and
appointing a group of underwriters, Senior Manager--Salomon Brothers Inc.,
Co-Managers--Merrill Lynch White Weld Capital Markets Group, The First Boston
Corporation, Goldman, Sachs & Company, and Dean Witter Reynolds, Inc., to
manage the syndicate which will negotiate said sale.
8. 175.137 (1983 Issue): Authorizing employment of Mudge Rose Guthrie
Alexander & Ferdon and Rourke and Woodruff as Co-Bond Counsel, and James J.
Lowrey & Co., Inc., as Financial Advisor, in connection with electric revenue
bonds, refunding bonds, short-term electric revenue anticipation notes (RANS),
and short-term water revenue anticipation notes (RANS), and authorizing
execution of agreements therefor.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1983, 10:00 A.M.
9. 175.137 (1983 Issue): Approving the Preliminary Official Statement for
the Electric Refunding Revenue Bonds and Electric Revenue Bonds of 1983, in
the form of the April 1, 1983 draft, and authorizing the Public Utilities
General Manager to approve any changes thereto.
10. 142/175.137 (1983 Issue): The following ordinances were offered for
first reading:
A. ORDINANCE NO. 4414: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, PROVIDING FOR PROCEDURES FOR THE AUTHORIZATION,
ISSUANCE AND SALE OF ELECTRIC REFUNDING REVENUE BONDS OF SAID CITY.
B. ORDINANCE NO. 4415: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, PROVIDING FOR THE PROCEDURES FOR THE ISSUANCE, SALE
AND SECURING OF ELECTRIC REVENUE BOND ANTICIPATION NOTES OF SAID CITY AND
PROVIDING THE TERMS AND CONDITIONS OF SAID NOTES.
C. ORDINANCE NO. 4416: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, PROVIDING FOR THE PROCEDURES FOR THE ISSUANCE, SALE
AND SECURING OF ELECTRIC REVENUE ANTICIPATION NOTES OF SAID CITY AND
PROVIDING THE TERMS AND CONDITIONS OF SAID NOTES.
D. ORDINANCE NO. 4417: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, PROVIDING FOR THE PROCEDURES FOR THE ISSUANCE, SALE
AND SECURING OF WATER REVENUE BOND ANTICIPATION NOTES OF SAID CITY AND
PROVIDING THE TERMS AND CONDITIONS OF SAID NOTES.
E. ORDINANCE NO. 4418: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, PROVIDING FOR THE PROCEDURES FOR THE ISSUANCE, SALE
AND SECURING OF WATER REVENUE ANTICIPATION NOTES OF SAID CITY AND
PROVIDING THE TERMS AND CONDITIONS OF SAID NOTES.
11. 152/176: Determining that future abandonments be considered without any
prior recommendation from the Planning Commission.
12. 140: Authorizing Change Order No. 1 to the contract with Air
Conditioning Systems, Inc., in the amount of ~16,493, for the installation of
the economizer cycle in connection with the Central Library heating, venting
and air conditlon~ng, Account No. 75-252-7121, bringing the original contract
price to ~186,902.
13. 160: Accepting the bid of Hyster Company in the amount of ~61,743.94 for
three lift trucks, in accordance with Bid No. 3951, Item No. 3.
14. 160: Accepting the low bid of Wardlaw Fire Equipment, Inc., in the
amount of $15,500.68 for Scott Pressure Pak Breathing Apparatus, in accordance
with Bid No. 3959.
15. 158: Authorizing payment of ~97,610 to Arvil Sparks for modifications to
the building at 710 South Anaheim Boulevard, as required by the Anaheim
Boulevard Street Widening Project, Account No. 13-792-7101-E2580 (R/W 2800-45).
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City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1983, 10:00 A.M.
16. 103: Negative Declaration, proposed Lakeview-Orangethorpe No. 6
Annexation, containing approximately 20 acres of land consisting of three
unincorporated County islands located on the east side of Lakeview Avenue,
north of La Palma Avenue. The City Council finds that this project would have
no significant individual or cumulative adverse environmental impact since it
involves a change in jurisdiction, and proposed land uses will be compatible
with the General Plan and is, therefore, exempt from the requirement to
prepare an EIR.
103: RESOLUTION NO. 83R-130: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, REQUESTING THE COMMENCEMENT OF PROCEEDINGS FOR THE
ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS LAKEVIEW-
ORANGETHORPE NO. 6 ANNEXATION TO THE CITY OF ANAHEIM. (in accordance with the
terms of the Master Property Tax Transfer Agreement)
169: RESOLUTION NO. 83R-131: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: SITE
CLEARANCE, GRADING, ALLEY AND STREET IMPROVEMENTS, EAST OF HARBOR BOULEVARD
BETWEEN CYPRESS STREET AND CHARTRES STREET, IN THE CITY OF ANAHEIM, ACCOUNT
NO. 46-793-6325-E3690. (Bids to be opened May 5, 1983, 2:00 p.m.)
164: RESOLUTION NO. 83R-132: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE WATER IMPROVEMENTS IN SOUTH STREET, PHASE
II, IN THE CITY OF ANAHEIM, ACCOUNT NO. 53-606-6329-27410-34340. (Brkich
Bros. Corporation, 5220,302.60)
167/174: RESOLUTION NO. 83R-133: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE INSTALLATION OF TRAFFIC SIGNALS
AND SAFETY LIGHTING AT HARBOR BOULEVARD AND KATELLA AVENUE, IN THE CITY OF
ANAHEIM, FEDERAL NO. HES-M005(001), ACCOUNT NO. 49-795-6325-E5230. (Steiny
and Company, Inc., 5142,692)
164: RESOLUTION NO. 83R-134: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE HARBOR BOULEVARD SEWER REPAIR, S/O KATELLA
AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 11-791-6325-E0480. (Nick Didovic
Construction Company, 312,980)
153: RESOLUTION NO. 83R-135: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 82R-505 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES DESIGNATED AS CONFIDENTIAL. (to create the job
classifications of Word Processing Operator Trainee - C, Word Processing
Operator I - C, and Word Processing Operator II - C, Schedule Nos. 740, 761
and 840, respectively, effective April 8, 1983)
153: RESOLUTION NO. 83R-136: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 82R-502 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION, CLERICAL UNIT. (to create the new job classifications of Word
Processing Operator Trainee, Word Processing Operator I, and Word Processing
Operator II, Schedule Nos. 740, 761 and 840, effective April 8, 1983)
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City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1983, 10:00 A.M.
153: RESOLUTION NO. 83R-137: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 82R-506 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES DESIGNATED AS SUPPORT AND SUPERVISORY MANAGEMENT.
'(to create the job classification Word Processing Supervisor, Schedule No.
X1022, effective April 8, 1983.
153: RESOLUTION NO. 83R-138: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 82R-499 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES REPRESENTED BY THE ANAHEIM POLICE ASSOCIATION. (to
create the job classifications of Police Communications Clerk C and Police
Front Counter Operations C, Schedule Nos. 1484 and 1418, respectively,
effective March 25, 1983)
156: RESOLUTION NO. 83R-139: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING CERTAIN UNCLAIMED PROPERTY IS NEEDED FOR PUBLIC USE AND
TP, ANSFERRING THE SAME TO THE CITY PURCHASING DEPARTMENT.
176: RESOLUTION NO. 83R-140: A RESOLUTION OF THE CITY OF ANAHEIM DECLARING
ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE
EASEMENTS. (82-10A, a portion of a six-foot public utility easement within
Tract No. 9684, north of Falmouth Avenue, west of Romneya Drive, public
hearing scheduled April 26, 1983, 1:30 p.m.)
176: RESOLUTION NO. 83R-141: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICE EASEMENTS. (82-14A, a portion of a road and public utility easement
on the west side of Anaheim Boulevard at Santa Ana Street, public hearing
scheduled April 26, 1983, 1:30 p.m.)
158: RESOLUTION NO. 83R-142: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Enrique F.
Caraveo, et al.; David J. Huarte, et al.; David J. Huarte, et al.; D & D
Development Company; Theodore J. Horvath, et ux.)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
MOTION CARRIED. The Mayor declared Resolution Nos. 83R-130 through 83R-142,
both inclusive, duly passed and adopted.
114/106: GIFT OF TREES TO ANAHEIM'S SISTER CITY - MITO, JAPAN: Councilwoman
Kaywood recalled that Council had taken action a year ago approving funding of
~10,000 for the Sister-City Program to reciprocate for the gift of plum trees
from Mayor Wada of Mito, Japan (see minutes March 16, 1982). She stated that
the constraints of Proposition 13 made it imperative that they not incur such
large expenditures in the future. If Mito wished to give a large gift to the
City in exchange of friendship and culture, it was not necessary to match such
a gift.
263
__ City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1983, 10:00 A.M.
A Mr. Riley, who was present in the Chambers audience, stated that the
exchange came very close to a wash, and any expense to the City was
practically nil. It was, in essence, a reciprocal gift where the City was
returning the gift in kind.
MOTION: Councilman Pickler moved to appropriate $10,000 for a gift of trees
to Anaheim's Sister City, Mito, Japan, from the Park Sites and Playgrounds
fund balance into the Parks Division budget 16-281. Councilwoman Kaywood
seconded the motion. MOTION CARRIED.
158: SETTING A PUBLIC HEARING - ALIGNMENT FOR WIDENING AND IMPROVEMENT OF
ANAHEIM BOULEVARD: After a brief discussion as to whether an evening meeting
was necessary, Mr. Bill Taormina, Co-Chairman of the Anaheim Boulevard
Property Owners Association Committee, confirmed that as a result of the
meeting with the property owners and with the assistance of City staff, they
were now in total agreement on a plan for the subject widening; Councilman Bay
surmised then that there was no need for an evening public hearing.
MOTION: Councilman Roth moved to set the date and time for a public hearing
for the selection of an alignment for widening and improvement of Anaheim
Boulevard from Cypress Street to Lemon Street for Tuesday, May 10, 1983, at
1:30 p.m. Councilman Bay seconded the motion. MOTION CARRIED.
144: COUNTY OF ORANGE TAFT-SERRANO-CRAWFORD CANYON ROAD - MASTER PLAN OF
ARTERIAL HIGHWAYS AMENDMENT STUDY: City Manager William Talley briefed the
Council on a joint memorandum received March 31, 1983, from the Planning
Division, Public Works and Engineering Division, recommending that Alternative
lB of the subject study be adopted (see page 2 of the memorandum).
Councilwoman Kaywood referred to the excerpt from the Planning Commission
meeting of April 4, 1983, strongly recommending that the Council or City staff
make every effort possible to meet with the Board of Supervisors to recommend
the proposed Alternative lB. She suggested that a letter also be sent to the
Board signed by all Council Members strongly supporting the recommendation of
the City Planning Commission.
Councilman Bay offered Resolution No. 83R-143 for adoption, recommending to
the County of Orange the adoption of Alternative lB of the County of Orange
Taft-Serrano-Crawf0rd Canyon Road Master Plan of Arterial Highways Amendment
Study, as recommended in joint memorandum received March 31, 1983. Refer to
Resolution Book.
RESOLUTION NO. 83R-143: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM RECOMMENDING TO THE COUNTY OF ORANGE THE ADOPTION OF ALTERNATIVE lB OF
THE COUNTY OF ORANGE TAFT-SERRANO-CRAWFORD CANYON ROAD MASTER PLAN OF ARTERIAL
HIGHWAYS AMENDMENT STUDY.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1983, 10:00 A.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and 2oth
None
None
The Mayor declared Resolution No. 83R-143 duly passed and adopted.,
MOTION: Councilwoman Kaywood moved that a letter be sent recommending to the
County of Orange the adoption of Alternative lB of the County of Orange
Taft-Serrano-Crawford Canyon Road Master Plan of Arterial Highways Amendment
Study. Councilman Pickler seconded the motion. MOTION CARRIED.
123(CD-III): ANAHEIM HILTON HOTEL - APPROVAL OF AND EXECUTION OF CERTAIN
DOCUMENTS RELATED THERETO: Councilwoman Kaywood moved to authorize the
execution of (1) Estoppel Statement, (2) Consent to Encumbrance and Estoppel
Agreement Relating to Parking Facilities, (3) Assignments of Development
Agreement (2 documents), (4) Consent, Acknowledgment and Estoppel Certificate,
(5) Anaheim Hilton Agreement re Parking Facility and Hotel Parking Operation
and (6) Assignment of Operating Agreement, all in connection with the
financing of the Anaheim Hilton Hotel and subject to such minor technical
corrections and amendments as may be necessary to consummate said financing,
as recommended in memorandum dated March 29, 1983, from the A~-~istant City
Attorney, Jack White. Councilman Roth seconded the motion. ?LOTION CARRIED.
.CITY PLANNING COMMISSION ITEMS: The following actions taken ~y the City
Planning Commission at their meeting held March 21, 1983, pertaining to the
following applications were submitted for City Council inform~tion this date,
since a quorum was not anticipated for the April 12, 1983 meeting. It was
noted that the 22-day appeal period would expire April 12, 1983, 5:00 p.m..
1. CONDITIONAL USE PERMIT NO. 2423: Submitted by Adolfo and Maria Serrato,
to convert an existing garage and construct an addition thereto for a second
family (granny) unit on RS-7200 zoned property located at 1317 South Claremont
Street, with a Code waiver of minimum number and type of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC83-59, denied
Conditional Use Permit No. 2423, and ratified the Planning Director's
categorical exemption determination.
2. CONDITIONAL USE PERMIT NO. 2425: Submitted by David and Robyn Ferszt,
(Orangeview Convalescent HosPital), to permit expansion of a~ existing
convalescent hospital on CL zoned property located at 1720 West Orange Avenue.
The City Planning Commission, pursuant to Resolution No. PC83-61, granted
Conditional Use Permit No. 2425, and granted a negative declaration status.
3. CONDITIONAL USE PERMIT NO. 2428: Submitted by Larry R. Smith, to permit a
billboard on CL zoned property located on the north side of Ball Road, west of
Knott Street, with the following Code waivers: (a) maximum display area, and
(b) maximum height.
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City Hall, Anaheim, California - ~OUNCIL MINUTES - April 5, 1983, 10:00 A.M.
The City Planning Commission, pursuant to Resolution No. PC83-63, denied
Conditional Use Permit No. 242~, and granted a negative declaration status.
4. CONDITIONAL USE PERMIT NO. 2300 - EXTENSION OF TIME: Submitted by Arita
Sales Co., requesting an extem3ion of time to Conditional Use Permit No. 2300,
to permit retail sales on ML z~ned property located at 2720 East Regal Park
Drive.
The City Planning Commission approved an extension of time to Conditional Use
Permit No. 2300, to expire March 8, 1984.
5. RECLASSIFICATION NO. 78-79-18 - EXTENSION OF TIME: Submitted by Tod
Housing, requesting an extension of time to Reclassification No. 78-59-18,
proposed RS-5000 zoning to per,it construction of a 4-lot subdivision on
pzoperty located on the west side of Bubach Street, north of Orangethorpe
Avenue.
The City Planning Commission approved an extension of time to Reclassification
No. 78-79-18, to expire November 20, 1983.
No action was taken by the City Council on the foregoing items; therefore, the
actions of the City Planning Commission would become final upon expiration of
the 22-day appeal period.
CONDITIONAL USE PERMIT NO. 2424: ]ubmitted by Ben and Mary Lou Hathaway,
(Tiffy's Way), to permit a walk-up window in an existing restaurant on CR
zoned property located at 1060 We~ t Katella Avenue, with a Code waiver of
minimum number of parking spaces.
The City Planning Commission, ~ursuant to Resolution No. PC83-60, granted
Conditional Use Permit No. 2424, and ratified the Planning Director's
categorical exemption determination.
Councilman Pickler requested a review of the Planning Commission's decision on
Conditional Use Permit No. 2424.
CONDITIONA~ USE PERMIT NO. 24~6: Submitted by Stanley Black, et al, to permit
a billboard on ML zoned prope~y located at 2020 East Katella Avenue with the
following Code waivers: (a) p,~rmitted location of billboards, (b) maximum
display area, and (c) maximum height.
The City Planning Commission, pu~-suant to Resolution No. PC83-62, denied
Conditional Use Permit No. 2426, and granted a negative declaration status.
The Planning Commission's action was appealed by the applicant and, therefore,
a public hearing would be sch~uled at a later date.
266
City Hall~ Anaheim, California - COUNCIL MINUTES - April 5, 1983, 10:00 A.M.
111: ANAHEIM HALLOWEEN FESTIVAL: Anaheim Halloween Festival Association,
requesting Council direction and continued support for the Anaheim Halloween
Festival. Submitted for information purposes was-an extensive report from
Chris Jarvi, Director of Parks, Recreation and Community Services, dated
April 5, 1983 (on file in the City Clerk's office).
Mr. Paul Pink, 1302 South Magnolia, Festival President, first stated that
while he did not speak for the entire Committee, he did have his opinion about
the leadership and future of the Festival and he knew what he had to say was
shared by many people in the organization. The Festival in its present form
was virtually "dead." It had been for many years and the only thing that kept
it alive was the life support system consisting of dedicated volunteers. They
had faced an inevitable wall and must look for future direction. The proposal
submitted in the report from Mr. Jarvi of April 5, 1983, was the type of
proposal that was necessary. It suggested that two problems existed, the
first being that immediate efforts needed to be made to start planning for the
1983 Festival, since virtually no planning had been started, and the second
problem concerned the type of organizational structure'necessary to insure
continuity of leadership and financial solvency for future Festivals.
Whatever occurred, they were suggesting that the Council appoint some kind of
committee to examine the Festival in its entirety and come forward with
recommendations, either to change it, give it a new direction or, if not a
viable event, to eliminate it. If they were going to continue the Festival
this year, they were requesting an allotment of funds and, in addition, were
asking for an additional sum of $10,000 for staffing. He reiterated, in its
present form, the Festival could not continue to exist. They wanted to go
with it, but they needed Council direction and more help to keep it alive.
(See report dated February 16, 1983, to Mayor.Don Roth from the Anaheim
Halloween Festival Committee, which summarized Mr. Pink's presentation--on
file in the City Clerk's office.)
Mr. Bill Taormina, member of the Halloween Festival Association, stated he
wanted to reassure the Council and citizens that they did not intend to let
die the tradition of the Halloween Parade and Festival. He wanted to clarify
that his firm (Anaheim Disposal) would provide, and had provided, a parade
office, telephone service, mailing service and a full-time parade
coordinator. The problem was one of the future when firms like his own ceased
to exist.
Mr. Herb Leo, 2906 Belamy Avenue, ~tated he had bean involved with the
Halloween Parade Festival for about half of the time of its 59-year
existence. It was a function of the Chamber of Commerce up until
approximately 7 years ago. What they lacked was the leadership the Chamber
had given the parade over the years and the continuity of leadership coming on
board on a regular basis to take the responsibility of running the parade.
From a personal standpoint, he was against the City spending public funds to
put the Festival together and he did not want to see them in a position where
the City was going to run the event. He felt it was up to the business
community to take over, and if the Chamber did not do it, he did not have a
solution.
267
City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1983, 10:00 A.M.
A Mrs. Ann Durwin, resident of Anaheim Hills who was present in the Chambers
audience, stated her children had participated in the Halloween Parade and in
society today, she felt that tradition was important. She also felt that the
Festival provided a wonderful tradition for Anaheim and it should continue.
Arlene Taormina, 1475 Wedgewood, stated she had lived in Anaheim all her life
and had grown up with the Festival. She was not going to let it die. They
had to go out and make a plea, and if the community wanted to let it die,
there was nothing they could do.
Mr. Chris Jarvi, Director of Parks, Recreation and Community Services, stated
that they had looked at the issue and reviewed the report submitted to the
Mayor from the Committee. They saw two problems, as outlined by Mr. Pink.
One was short term, to determine whether or not there would be a Festival this
year. Because of the time frame, they needed an immediate injection of
resources, whether money from the City or community resources, to get the
staff necessary to stage the Festival in 1983. The second problem was long
term. Even if they changed the focus, they would still have the same
organizational problems, since there was no continuity in leadership, as well
as inadequate funding, to keep the program going on a long-term basis. They
had considered the possibility of setting up a blue-ribbon committee to look
at the entire structure and to make recommendations as to whether or not the
Festival should continue, be changed, or dropped altogether. They were not
suggesting that the Council appoint the committee, but that they encourage
such an appointment. They felt that the Chamber should be included, as well
as service organizations who benefited from the Festival.
Councilman Overholt felt that the blue ribbon committee should be appointed by
the non-profit corporation (the Halloween Festival Association), since they
were representing the community. The City would cooperate in every way to
assist, but it was a community Festival and not a government Festival. If the
community did not want to do it, then it would not continue.
Mr. Leo stated it was his personal feeling that with a non-profit corporation,
it was a natural for the Chamber to pick it up. That corporation could be
included as an on-going division of the Chamber of Commerce that would not do
anything but perpetuate the Festival.
During and after each presentation, Council Members posed questions and gave
their input and/or suggestions.
Councilman Overholt asked what kind of funding the non-profit corporation
needed at this point to carry out the short-term goal of holding a reduced
Festival in October, and then working on the long-term problem; Mayor Roth
noted they had approved $10,000 seed money each year.
Mr. Pink stated that ~20,000 would be adequate. He did not feel that ~10,000
would be sufficient, since $10,000 would go to_ward hiring a staff person who
would do the critical and logistic work that needed to be done, and the other
~10,000 would go toward funding of the Festival in general. There was a short
fall each year for approximately that amount.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1983, 10:00 A.M.
Councilwoman Kaywood stated she received a call last evening-from another
organization who felt if the Halloween Festival Association were going to get
an office and staff person, that they would share it with them, that being the
International Music Olympics. She also shared Mr. Leo's concern.if government
money was involved, it became a different thing. At this point, the City was
involved up to approximately ~38,000 (see attachment to April 5, 1983, report
from Mr. Jarvi--City Financial Support of the Halloween Festival--listing the
support services provided by the City such as Police, Streets & Sanitation,
etc., and the cost of that support, not including the $10,000 subvention by
the City). She felt, however, that Parks and Recreation should continue to be
involved.
Mr. Pink stated this year they were talking about a crisis situation. He had
no intention of ever again coming before the Council to ask for money. That
would be the job of the Blue Ribbon Committee. If they wanted the Festival to
continue this year, they were going to need the money.
Mayor Roth clarified the issue before them today was whether or not they
wanted a Halloween Festival/Parade in October 1983 and, if so, due to the
short time involved, who was going to provide the necessary funds. As he
understood, unless $20,000 was allocated, they were not going to have a
Parade; Mr. Pink confirmed that was precisely the situation.
Discussion followed relative to the distinction between the two people that
were needed. One was a Parade coordinator and the other the Festival
coordinator. Mr. Taormina reiterated that he was going to provide office
space, a telephone with the telephone bill to be paid by him, mail service, a
post office box and a secretary to act as the Parade coordinator. What Mr.
Pink was talking about was a Festival coordinator. He (Pink) then confirmed
they needed a person to handle the Festival in general, which would include an
office, telephone and funding for the position.
Councilman Bay felt the Council did not have enough information at this time
to make a decision. He wanted to see the corporation appoint their Blue
Ribbon Committee and at the same time take a look at a reduced plan for 1983
with alternatives to be brought before the Council. One alternative, as
previously discussed~ might be a daytime parade at a location other than
Harbor Boulevard, a second could be no large parade, but'retain the kiddie
parad~ and r~tain ~om~ of th~ Festival activities, a third might be to have
the whole Festival in La Palma Stadium, etc. He would like some idea of the
scope of the alternatives for this year, and what the figures would be at some
refined reduced level. Otherwise, they were presently dealing with figures he
was not ready to vote for. Every figure they had was based on a full-scale
Festival and he did not think that the City was ready to pour that kind of
money into it to make it happen.
Mr. Pink stated the decision was in the Council's hands. They wanted
Council's direction, since they were not going to proceed as in the past.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1983, 10:00 A.M.
Councilman Pickier stated he was willing to go along with the support they had
been giving the Festival, but not any extra support at this time, i.e., an
additional ~10,000 over and above the $38,677 in support services, plus the
other $10,000.
MOTION: Councilman Overholt moved the following: That the Council go on
record as giving its support to the Halloween Festival in concept; pledging
support in the selection of a Blue Ribbon Committee by the Halloween Festival
Committee (a non-profit corporation), and encouraging staff to participate in
the evaluation of the Halloween Festival for the year 1984 and thereafter;
guaranteeing a total sum of ~20,000 from the Council Contingency Fund, subject
to receiving from the Committee on April 26, 1983, a detailed budget for a
modified Festival for the year 1983. Councilman Roth seconded the motion.
Before a vote was taken, Councilman Overholt stated the purpose of the motion
was to say that the Council was behind the Halloween Festival Association.
Councilman Pickler asked if the motion included the support services and
attendant costs along with the $20,000; Councilman Overholt stated he did not
know what the costs of the support services were going to be. The $20,000 was
a guarantee of cash injection into the 1983 Festival to the extent it would be
required, and subject to their sharing with the corporation a specific budget
on a modified Festival. It could be substantially less.
Councilman Bay was interested in seeing more than one alternative and he asked
if Mr. Pink could get that information ahead of the April 26th meeting and
submit it to the City Manager who could then work out some new figures
relative to staff support on the new plan, or alternative plans submitted. By
so doing, they would have some idea of the support costs involved at the
meeting of April 26, 1983.
Councilman Pickler stated he was going to vote against the motion, since he
did not favor increasing support.
A vote was then taken on the foregoing motion. Councilman Pickler voted
"no." MOTION CARRIED.
105: APPOINTMENT TO ADVISORY BOARD - SANTIAGO LIBRARY SYSTEM: Councilman
Roth moved to appoint Rilda Jamieson as representative, and Earl E. Edmundson
as alternate representative to the Advisory Board to the Santiago Libaray
System, as requested by Elizabeth Schultz, Chairman of the Library Board, in
her memorandum dated March 29, 1983. Councilwoman Kaywood seconded the
motion. MOTION CARRIED.
123: ANAHEIM CINCO DE MAYO COMMITTEE: Councilman Pickler moved to authorize
a contract with the Anaheim Cinco de Mayo Committee to stage the Cinco de Mayo
Fiesta to be held April 30 and.May 1, 1983, and to transfer an amount not to
exceed $1500 from the Council Contingency Fund to Program 279, as requested by
Joel Guerena, Chairman, in his letter dated March 21, 1983, and as recommended
in memorandum dated March 28, 1983, from the Director of Parks, Recreation and
Community Services. Councilman Ro~h seconded the motion.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1983, 10:00 A.M.
Before a vote was taken, Councilwoman Kaywood noted that Pat Guerena was in
the Chambers audience. She asked if it was possible to reduce the City's
support.
Pat Guerena stated that the money was used for the professional part of the
fiesta and to reduce support at this time would make it difficult, but perhaps
they could do so next year.
Councilman Bay urged Ms. Guerena to see if it was not possible by next year to
reduce the need for the City to contribute each year. He wanted to see every
effort made by the Committee to make the fiesta self-Supporting, so that no
contribution from the City would be necessary.
Ms. Guerena stated she would bring the matter to the attention of the Board.
A vote was then taken on the foregoing motion. MOTION CARRIED.
ORDINANCE NOS. 4410 THROUGH 4413: Councilman Roth offered Ordinance Nos. 44i0
through 4413, both inclusive, for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4410: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-24, CL, 406 West
Vermont Avenue)
ORDINANCE NO. 4411: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (65-66-59(7), CO, 554 and 558
South Harbor Boulevard)
ORDINANCE NO. 4412: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (65-66-24(30), ML, La Palma
Avenue, south of Coronado Street)
ORDINANCE NO. 4413: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (82-83-1, RM-3000, 721 South
Beach Boulevard)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kayw00d, Pickler, 0verh01t, Bay and R0th
None
None
The Mayor declared Ordinance Nos. 4410 through 4413, both inclusive, duly
passed and adopted.
ORDINANCE NOS. 4419 AND 4420: Councilwoman Kaywood offered Ordinance Nos.
4419 and 4420 for first reading.
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City Hall~ Anaheim, California - COUNCIL MINUTES - April 5, 1983, 10:00 A.M.
ORDINANCE NO. 4419: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (82-83-24, RS-A-43,000, east
of the 57 Freeway, north of and including the Southern Pacific Railroad right
of way (Ball Freeway No. 3 Annexation)
ORDINANCE NO. 4420: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-40(1),
RS-HS-22,000(SC), northeast corner Canyon Rim Road and Fairmont Boulevard
(Tract 9744 and 9745 - Boulevard Development)
REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to
discuss personnel matters and labor relations with action anticipated; the
City AttorNey requested a Closed Session to discuss litigation and potential
litigation with action anticipated.
Councilman Roth moved to recess into Closed Session. Councilwoman Kaywood
seconded the motion. MOTION CARRIED. (12:25 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:45 p.m.)
123/153: ROGERS AND WELLS, ATTORNEYS AT LAW - INCREASE OF MAXIMUM FEE:
Councilman Roth moved to authorize the City Attorney to execute a letter
agreement with Rogers and Wells, Attorneys at Law, increasing the maximum fee
for litigation against the State Board of Control (SB-90 claim) to ~13,000.
Councilman Pickler seconded the motion. MOTION CARRIED.
AFTER RECESS - REDEVELOPMENT AGENCY: Chairman Roth reconvened the Anaheim
Redevelopment Agency, all Agency Members being present, for the purpose of
conducting a joint public hearing with the City Council. (1:45 p.m.)
161.123: JOINT PUBLIC HEARING - ANAHEIM REDEVELOPMENT AGENCY/CITY COUNCIL -
DISPOSITION AND DEVELOPMENT AGREEMENT, MASONIC BUILDING ASSOCIATION: A joint
public hearing with the Redevelopment Agency to consider the proposed Third
Implementation Agreement to the Disposition and Development Agreement with
Masonic Building Association for sale of certain real property located north
of Lincoln Avenue, east of Harbor Boulevard, and to establish a deferred
payment schedule, was held.
Executive Director o£ Community Development Norman Priest briefed the
Council/Agency on his report dated March 29, 1983, recommending that both the
Agency and the Council approve the Third Implementation Agreement with the
Masonic Building Association, developer. The developer was requesting a
deferred payment schedule in purchasing the property from the Agency. Under
the proposed schedule, the developer would pay a deferred purchase price for
the site of ~706,000 over a 7-year term. The schedule would equal the present
value of the site at ~350,000 discounted at 12 percent per annum over the
7-year period.
The Mayor/Chairman asked if anyone wished to speak; there being no response,
he closed the public hearing.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1983, 10:00 A.M.
Agency Member Pickier moved to approve the Third Implementation Agreement with
the Masonic Building Association of Anaheim, developer. Agency Member Bay
seconded the motion. MOTION CARRIED.
Councilman Roth moved to approve the Third Implementation Agreement with the
Masonic Building Association of Anaheim, developer. Councilman Bay seconded
the motion. MOTION CARRIED.
ADJOURNMENT OF THE REDEVELOPMENT AGENCY: Agency Member Roth moved to
adjourn. Agency Member Pickler seconded the motion. MOTION CARRIED.
p.m.)
(1:50
176: PUBLIC HEARING - ABANDONMENT NO. 82-9A: In accordance with application
filed by Mr. Arlyn Toavs, Project Coordinator, Melodyland Schools and
Colleges, public hearing was held on proposed abandonment of a portion of a
6-foot unrecorded electrical easement located north of Katella Avenue, west of
Clementine Street, pursuant to Resolution No. 83R-85, duly published in the
Anaheim Bulletin and notices thereof posted in accordance with law.
Report of the City Engineer dated March 3, 1983, and a recommendation by the
Planning Commission were submitted recommending approval of said abandonment.
Mayor Roth asked if anyone wished to address the Council; there being no
response, he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by
Councilwoman Kaywood, seconded by Councilman Pickler, the City Council
ratified the determination of the Planning Director that the proposed activity
falls within the definition of Section 3.01, Class 5, 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. MOTION
CARRIED.
Councilman Pickler offered Resolution No. 83R-144 for adoption, approving
Abandonment No. 82-9A. Refer to Resolution Book.
RESOLUTION NO. 83R-144: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A PORTION OF A 6-FOOT EASEMENT LOCATED NORT~ OF r, ATELLA
AVENUE, WEST OF CLEMENTINE STREET. (§2-9A)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL ~MBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 83R-144 duly passed and adopted.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1983, 10:00 A.M.
153: RATES OF COMPENSATION - UNREPRESENTED PART-TIME JOB CLASSIFICATIONS:
Councilwoman Kaywood offered Resolution No. 83R-145 for adoption, establishing
rates of compensation for unrepresented part-time job classifications. Refer
to Resolution Book.
RESOLUTION NO. 83R-145: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 82R-123 WHICH ESTABLISHED RATES OF
COMPENSATION FOR UNREPRESENTED PART-TIME JOB CLASSIFICATIONS.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 83R-145 duly passed and adopted.
114: COUNCIL MEETINGS - APRIL 12 AND APRIL 19, 1983: As a result of Council
discussion, it was determined that there would be no quorum on April 12, but
there would be a quorum on April 19, 1983, and, therefore, a Council meeting
would be held that date. Mayor Roth and Councilman Pickler would not be
available on either April 12 or April 19 due to their Sister City trip to
Mito, Japan. Councilwoman Kaywood was not going to be in town on April 12,
1983.
148: ORANGE COUNTY LEAGUE OF CITIES MEETING - APRIL 14, 1983: Councilman Bay
reported that at the next League meeting on April 14, 1983, the earlier
portion was going to involve the Orange County Transportation Commission
(OCTC), the intent of that meeting being to state their position on
transportation issues in the County and to gather input. Since the Council
had not taken a firm position on the report received from them delineating
some of their ideas on how the money should be spent, he was not going to make
any comment at that meeting, since he assumed the Council wanted no comment on
that question until they took up the issue themselves.
105: COMMUNITY SERVICES BOARD: Councilman Bay stated it was his
understanding that the Community Services Board (CSB) was starting to receive
information in preparation for dealing with the various charities that were
applying for Block Grant monies and other monies within the City budget. Last
year there was a problem when the CSB came in to report to the Council on its
findings, because the Council had not given the Board any direction or
limits. He wanted to know whether the Council intended to look at setting
some limits for the Board to work with or wait until they came in. He
requested copies of ali data submitted to the Community Services Board by
staff to assist the Board in dealing with the various requests for monies from
Community Services Groups.
Councilwoman Kaywood stated that they set a limit last year of ~80,000.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1983, 10:00 A.M.
106: REQUEST FOR DATA FOR BUDGET PRESENTATION ON MAY 31, 1983: Councilman
Bay requested that a Chart of Accounts and single-line entry tabs be submitted
at the time of the budget presentation on May 31, 1983.
114: TRIP TO MIT0, JAPAN: Mayor Roth reported that 115 people were traveling
to Mito, Japan, under the Sister City Program and also the opening of
Disneyland-Tokyo. He then reported on some of the events he and Councilman
Pickler would be attending during the April 9 through April 23, 1983 trip.
RECESS - CLOSED SESSION: Councilman Roth moved to recess to Closed Session to
discuss litigation and potential litigation. Councilman Pickler seconded the
motion. MOTION CARRIED. (2:12 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (3:44 p.m.)
ADJOURNMENT: Councilman Bay moved to adjourn.
motion. MOTION CARRIED. (3:45 p.m. )
LINDA D. ROBERTS~ CITY CLERK
Councilman Roth seconded the
275