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1982/12/21City Hall, Anaheim, California - COUNCIL MINUTES - December 21~ 1982, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MMIBERS: Kaywood, Overholt, Bay and Roth COUNCIL MEMBERS: Pickler CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts HIMAN RESOURCES DIRECTOR: Garry O. McRae ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: A Moment of Silence was observed in lieu of the Invocation. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION: Mr. Talis Margrave, President of the Board of Directors of the Anaheim Hills Planned Community Association, accompanied by Linda Westfall, presented a plaque to Assistant Fire Chief Ron Evans for the outstanding efforts of the Anaheim Fire Department in fighting the Anaheim Hills fire on October 9, 1982. Assistant Chief Evans accepted the plaque on behalf of Fire Chief Simpson and the members of the Anaheim Fire Department. 119: LETTER OF SUPPORT: A letter of support signed by ali Council Members was presented to Doris Small, Board President of the Canyon Acres Residential Center, in recognition of their outstanding service to the disadvantaged youth of the community. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held November 23, 1982. Councilman Bay seconded the motion. Councilman Pickler was absent. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive 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 Overholt seconded the motion. Councilman Pickler was absent. MOTION CARRIED. FINANCIAL D~MANDS AGAINST THE CITY in the amount of 31,103,579.22, in accordance with the 1982-83 Budget, were approved. CITY MANAGER/DEPAR~ENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, 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 Overholt offered Resolution No. 82R-606 for adoption. Refer to Resolution Book. 1085 City Hall, Anaheim, California - COUNCIL MINUTES - December 21~ 1982, 10:00 A.M. 1. 118: The following claims filed against the City were denied and referred to Risk Management: a. Claim submitted by Steven L. McMillen for property damages purportedly sustained due to failure of an 8-inch City water main 150 feet east of 6221 Trail Drive, on or about October 21, 1982. b. Claim submitted by Alice M. Washburn for personal property damages purportedly sustained due to a power failure at 1241 North East Street, on or about October 20, 1982. c. Claim submitted by Naoma J. Sweet for personal property damages purportedly sustained due to lost VCR cassette tapes shipped to Convention Center, on or about September 3, 1982. 2. The following correspondence was ordered received and filed: a. 175: Before the Public Utilities Commission, Application No. 82-02-40, Southern California Edison Company for authority to establish a Major Additions Adjustment Clause, to implement a Major Additions Adjustment Billing Factor and an Knnual Major Additions Rate to recover the costs of owning, operating, and maintaining San Onofre Nuclear Generating Station Unit No. 2. b. 175: Before the Public Utilities Commission, Application No. 821207, Southern Edison Company for an Ex Parte Order Authorizing Rates Pursuant to its Conservation Load Management Adjustment Clause (CIMAC), to be Made Effective for Electric Service Rendered on and After January 1, 1983, to Recover Solar Rebate Demonstration Program Expenses. c. 175: Before the Public Utilities Commission, Application No. 82-12-02, Southern California Gas Company and Pacific Lighting Gas Supply Company for Authority to Include in Rate Base as Plant Held for Future Use the Costs Associated with the Liquefied Natural Gas Project, and to Increase Rates to Reflect Such Rate Base Treatment; or in the Alternative, to Amortize Such Costs Over Four Years and Recover Them in Rates. d. 156: Police Department--Monthly Report for November 1982. e. 105: Park and Recreation Commission--Minutes of October 27, 1982. f. 105: Community Services Board--Minutes of October 14, and November 18, 1982. g. 105: Senior Citizen Commission--Minutes of November 10, 1982. 3. 180: Approving the 1983 renewal rates of Equitable General Insurance Company for the Group Life Insurance Plan and of Standard Insurance Company for long-term disability coverage, effective January 1, 1983. 1086 City Hall, Anaheim, California - COUNCIL MINUTES - December 21, 1982~ 10:00 A.M. 4. 123: Authorizing 1983 renewal agreements with California Psychological Health Plan, Vision Service Plan, Kaiser Foundation Health Plan, Inc., Family Health Program, Inc., General Medical Centers Health Plan, California Dental Service, Dental Health Services and INA Health Plan at premium rates approved by Council on October 26, 1982, and authorizing the Human Resources Director to execute same. 5. 123: Authorizing an agreement with Holman Consulting Corporation in the amount of $42,282, for professional employee assistance services, commencing January 1, 1983 and terminating June 30, 1984. 6. 123: Terminating a previous agreement and authorizing a new agreement with Rollins Burdick Hunter (RBH) in the amount of ~41,500 per year, to serve as the City's exclusive Broker of Record, commencing January 1, 1983 and terminating on June 30, 1987, and accepting the proposals from Rollins Burdick Hunter to place new insurance coverage into effect for Property, Difference in Condition, Workers' Compensation and Employee Bonds. 7. 123: Authorizing the First Amendment to an agreement with the City of Yorba Linda for the construction of Weir Canyon Road Bridge over Esperanza Road and The A.T. & S.F.R.R., to provide for permanent maintenance of the bridge structure, the surface and concrete approach slab by Yorba Linda. 8. 160: Accepting the low bid of Custom Floors Company in the amount of ~44,553 for carpet installation at the Convention Center in accordance with Bid No. 3907. 123: RESOLUTION NO. 82R-606: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MAKING APPLICATION TO THE STATE DEPAR/MENT OF HEALTH SERVICES FOR A PERMIT TO CONSTRUCT, DEVELOP AND OPERATE WATER WELL NO. 39 ON THE SOUTHEAST CORNER OF ORANGE AVENUE AND WESTERN AVENUE, IN THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: A~SENT: COUNCIL MSMBERS: COUNCIL M~MBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay and Roth None Pickler MOTION CARRIED. The Mayor declared Resolution No. 82R-606 duly passed and adopted. 153/152: T~PORARY HELP SERVICE AGREEMENTS: Authorizing the City Manager to execute agreements with certain organizations for temporary personnel services, commencing on the date of execution and terminating on December 31, 1983. Submitted was a report dated December 14, 1982, from the Human Resources Director, Garry McRae, recommending execution of the agreements. Mr. William Woodward, Attorney, 300 South Harbor Boulevard, representing Temp-Aid, stated that for the past four years, their company had been a major supplier of the City's temporary help needs and for the past year it had been 1087 City Hall, Anaheim, California - COUNCIL MINUTES - December 21~ 1982~ 10:00 A.M. the number one supplier. However, this year Temp-Aid was eliminated from consideration from the contract, but were only informed of that fact yesterday, the reason being that they did not answer one of the questions on the bid, i.e., the average personnel placed each day during the last three months. Temp-Aid did not maintain their records in such a way as to easily provide that information. Last year they were advised by a City Personnel Representative that it would not be necessary to supply that information, since they had already established a track record with the City and, therefore, this year they did not answer that question. Also, comparing their bid with the low bidders, they were low in the areas in which they intended to be low. He requested that the award of contracts as recommended by the Department of Human Resources be postponed until someone could look into the matter and make a determination based upon their track record. They had established they could meet the needs of the City and had never had any problems. City Manager William Talley explained what the City requested last year and Temp-Aid refused to give both years was an indication of the number of people they placed. He also did not agree that any responsible person could rely upon the representations of a year ago not to fill out a portion of the bid this year. Further, if Mr. Woodward was implying they were Iow bidder, that was not the case. Based on their track record, however, staff could include them and there would not be a problem, but the City would then be faced with the fact that any other company could say they were iow bidder and should not be eliminated. Temp-Aid was low bidder in three of nine categories, second in one, fourth in one, and outranged in four. Mr. McRae explained if they were to add all the organizations to their contract for next year who were eliminated either because they had a small number of placements or because they failed to fill out information, they would add the following: Three firms to Intermediate Typist Clerk, one to Secretary, two to Word Processing, three to Xerox Copier, one to Accounting Clerk, three to Accountant, one each to Keypunch and CRT, thereby increasing the total number of firms on the available list from 13 to 18. He would also make it clear next year that they were going to use other criteria. He did not have any basis for denying Temp-Aid on the basis of their performance last year, but it seemed inappropriate to include someone who failed to include the information requested while they were eliminating others. He reiterated if they included Temp-Aid, they should also include the other firms. MOTION: Councilman Roth moved to authorize the City Manager to execute agreements with certain organizations for temporary personnel services, commencing on the date of execution and terminating on December 31, 1983, and expanding the approval list to include all of the firms who had lower bids than the highest bids recommended. Councilman Overholt seconded the motion. Before a vote was taken, Councilwoman Kaywood posed questions to Mr. McRae wherein he (McRae) clarified that there were other firms who failed to provide an answer to the same question as Temp-Aid, but their rates prevented them 1088 City Hall, Anaheim, California - COUNCIL MINUTES - December 21, 1982~ 10:00 A.M. from being in the competitive area. As well, Mr. Woodward and a Mr. Robert Groos from Temp-Aid gave additional input; Mr. Woodward explained that they did not refuse to give the information, but there was no reason to believe the information was needed this year because they had proven themselves; Mr. Groos reported it was a question he had only seen once or twice and they would change their records accordingly. After further clarification by City Manager Talley, a vote was then taken on the foregoing motion. Councilman Pickier was absent. MOTION CARRIED. 105: APPOINTMENT OF A REPRESENTATIVE TO THE PARK AND RECREATION CCMMISSION: Councilwoman Kaywood moved to approve the recommendation of the Magnolia School District Board of Trustees in their letter dated December 9, 1982, to appoint Esther H. Wallace to represent the District on the Park and Recreation Commission for the term ending June 30, 1985 (Shimeall). Councilman Roth seconded the motion. Councilman Pickier was absent. MOTION CARRIED. Councilwoman Kaywood asked that a letter of thanks be sent to Mr. Richard Shimeail for his service. 118: CORRECTING ACTION RELATING TO CLAIMS FILED: Councilwoman Kaywood moved to correct Council's action of December 14, 1982, relating to claims filed by John R., Penelope, Michael, Timothy and Michelle Jensen to reflect the date of the alleged injury stated in the claim to August 18, 1982, and rescinding the Council's action denying and referring a late claim filed by John R. Jensen for an alleged injury commencing January, 1982, since the Application for Leave to Present the Late Claim was denied. Councilman Roth seconded the motion. Councilman Pickler was absent. MOTION CARRIED. CITY PLANNING COMMISSION ITMMS: The following actions taken by the City Planning Commission at their meeting held November 29, 1982, pertaining to the following applications were submitted for City Council information. 1. RECLASSIFICATION NO. 82-83-4 (READVERTISED), CONDITIONAL USE PERMIT NO. 2362 AND VARIANCE NO. 3306: Submitted by Albert Borchard, Kenneth L. Larson and Roy W. Mabee, (Lincoln Beach Mobile Manor Park), for a change in zone from ~-1200, CL and RS-A-43,000 to RM-1000, to permit a 639-unit condominium complex on property located at 2925 West Lincoln Avenue, with Code waivers of (a) r~quir~d lot fr0nta~, (b) maximum ~tructural h~ight, (c) minimum floor area, (d) minimum landscaped setback, (e) minimum recreational-leisure area, (f) minimum distance between buildings, and (g) minimum number and type of parking spaces. The City Planning Commission, pursuant to Resolution Nos. PC82-210 and PC82-211, granted Reclassification No. 82-83-4 (Readvertised) and Variance No. 3306, and certified EIR No. 253, with a Statement of Overriding Considerations. Application for Conditional Use Permit No. 2362 was withdrawn by the petitioner. 1089 City Hall, Anaheim, California - COUNCIL MINUTES - December 21~ 1982~ 10:00 A.M. 2. RECLASSIFICATION NO. 82-83-12: Submitted by the Anaheim Planning Commission, for a change in zone from RS-A-43,000 to Mobilehome Park Overlay (MHP) on property located at 2111 South Manchester Avenue, Portion A, (Orangewood Acres Mobilehome Park), 300 West Katella Avenue, Portion B, (Riviera Anaheim Mobilehome Park), and from CL and RM-1200 to MHP at 2929 West Lincoln Avenue, Portion C, (Lincoln Beach Mobile Manor Park). The City Planning Commission, pursuant to Resolution No. PC82-212, granted in part, Reclassification No. 82-83-12, Portion A and B, deleted Portion C, and granted a negative declaration status. 3. RECLASSIFICATION NO. 82-83-11: Submitted by the Anaheim Redevelopment Agency, for a change in zone from CG to CO to construct a 3-story commercial office building on property located on the southeast corner of Old Lincoln Avenue and Anaheim Boulevard. The City Planning Commission, pursuant to Resolution No. PC82-213, granted Reclassification No. 82-83-11, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2394: Submitted by Robert A. Spideli, et al, to permit an automotive transmission shop on CL zoned property located at 230 South Magnolia Avenue, with a Code waiver of minimum landscaped setback. The City Planning Commission, pursuant to Resolution No. PC82-214, granted Conditional Use Permit No. 2394, and granted a negative declaration status. 5. CONDITIONAL USE PERMIT NO. 2395: Submitted by Imperial Properties, (Nacho's), to permit on-sale beer and wine in a proposed restaurant on CL(SC) zoned property located at 5773 "J" Santa Aha Canyon Road, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC82-215, granted Conditional Use Permit No. 2395, and granted a negative declaration status. 6. CONDITIONAL USE PERMIT NO. 2396: Submitted by Bryan Industrial Properties, Inc., to permit a veterinary hospital on ML zoned property located at 1540 North State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC82-216, granted Conditional Use Permit No. 2396, and granted a negative declaration status. 7. VARIANCE NO. 3308: Submitted by Ox Road General Partnership, (Spaghetti Station Restaurant), to construct a 61-unit motel in conjunction with an existing restaurant on C-R zoned property located at 950 South Ox Road, with Code waivers of (a) minimum number of parking spaces, and (b) minimum structural setback. The City Planning Commission, pursuant to Resolution No. PC82-217, granted Variance No. 3308, and granted a negative declaration status. 1090 City Hall, Anaheim, California - COUNCIL MINUTES - December 21, 1982~ 10:00 A.M. 8. CONDITIONAL USE PERMIT NO. 1670 - EXTENSION OF TIME: Submitted by Nancy J. Jaycox, (Jaycox Sanitary Service Services), requesting an extension of time to Conditional Use Permit No. 1670, to permit a trucking terminal and truck repair on ML zoned property located at 1016 East Katella Avenue with Code waiver of required enclosure of outdoor uses. The City Planning Commission approved an extension of time to Conditional Use Permit No. 1670, to expire December 6, 1983. 9. CONDITIONAL USE PERMIT NO. 2147 - EXTENSION OF TIME: Submitted by Tait & Associates, Inc., requesting an extension of time to Conditional Use Permit No. 2147, to permit expansion of an existing fuel terminal on ML zoned property located on the west side of Jefferson Street, south of Orangethorpe Avenue. The City Planning Commission approved an extension of time to Conditional Use Permit No. 2147, to expire December 15, 1983. 10. CONDITIONAL USE PERMIT NO. 1885 - TERMINATION: Submitted by Central Capital Corporation, requesting termination of Conditional Use Permit No. 1885, to permit a drive-through restaurant on RS-A-43,000 zoned property located on the southwest corner of Lincoln Avenue and Rio Vista Street, as a condition of approval of Variance No. 3301. The City Planning Commission, pursuant to Resolution No. PC82-218, terminated Conditional Use Permit No. 1885. 11. CONDITIONAL USE PERMIT NO. 2265 - EXTENSION OF TIME: Submitted by Maureen A. Harty, requesting an extension of time to Conditional Use Permit No. 2265, to permit a 15-story, 209-foot high commercial office complex on CO zoned property located at the northwest corner of Orangewood Avenue and State College Boulevard. The City Planning Commission approved an extension of time to Conditional Use Permit No. 2265, to expire November 30, 1983. No action was taken by the City Council on the foregoing items; therefore, the actions of the City Planning Commission became final. 108/179: ORDINANCE NO. 4382 - PERTAINING TO HEALTH SPAS AND PHYSICAL FITNESS CENTERS: Councilman Roth offered Ordinance No. 4382 for first reading, adding new subsections to Title 18 to allow health spas and physical fitness centers as a conditionally permitted use in the Anaheim Canyon Industrial Area and as a permitted primary use in all commercial zones in the City, as recommended by the Planning Commission. ORDINANCE NO. 4382: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SUBSECTION .095 TO SECTION 18.41.050 OF CHAPTER 18.41, SUBSECTION .085 TO SECTION 18.42.020 OF CHAPTER 18.42, SUBSECTION .185 TO SECTION 18.44.020 OF CHAPTER 18.44, SUBSECTION .195 TO SECTION 18.45.020 OF CHAPTER 18.45, SUBSECTION .275 1091 City Hall, Anaheim, California - COUNCIL MINUTES - December 21, 1982~ 10:00 A.M. TO SECTION 18.46.020 OF CHAPTER 18.46, SUBSECTION .005 TO SECTION 18.48.020 OF CHAPTER 18.48, SUBSECTIONS .205 AND .606 TO SECTION 18.61.050 OF CHAPTER 18.61, ALL OF TITLE 18 OF THE ANAHE/M MUNICIPAL CODE RELATING TO ZONING. 123: AUDIT COMMITTEE - APPOIN/MENT OF AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT: Councilman Roth moved to authorize an agreement with Price Waterhouse to perform a financial audit of the financial statements of all entities of the City, including a compliance audit and the single audit concept, in an amount not to exceed $98,000 annually for June 30, 1983, plus a 5 percent increase for June 30, 1984 and June 30, 1985, including out-of-pocket expenses, as recommended in memorandum dated December 14, 1982, from the Audit Committee. Councilman Bay seconded the motion. Councilman Pickler was absent. MOTION CARRIED. 179/142: ORDINANCE NOS. 4383 AND I4384: Councilman Roth offered Ordinance Nos. 4383 and 4384 for first reading. ORDINANCE NO. 4383: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.06 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (vehicle parking and loading requirements) ORDINANCE NO. 4384: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS CHAPTERS, SECTIONS AND SUBSECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO VEHICLE PARKING AND LOADING REQUIR~ENTS. Councilwoman Kaywood spoke against lowering the small car space size to 7 1/2 by 15 feet from 8 by 15 feet (see minutes December 14, 1982, when the issue was discussed). By doing so, she felt that too many people were going to be using two spaces for one large car, and that would be creating less instead of more parking. Councilwoman Kaywood thereupon moved to amend the proposed ordinance (4383) to specify that small car space size be 8 by 15 feet, the original staff recommendation. The motion died for lack of a second. 179/142: ORDINANCE NO. 4385: Councilman Bay offered Ordinance No. 4385 for first reading. ORDINANCE NO. 4385: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING, (82-83-9~ EM-1200) 182: PATRICK HENRY NEIGHBORHOOD ENFORC~ENT STATUS REPORT: Mayor Roth, referring to report dated December 17, 1982, to the City Manager/City Council, from Ronald Thompson, Planning Director, asked the City Manager to advise Mr. Thompson that he was pleased with the report and that his staff should be commended for an outstanding job. He then referred specifically to Page 2, Paragraph 2 of the report where staff was looking for direction from the Council. "If the Council is of the opinion that the enforcement staff should make every effort to gain entry to each and every residential structure, rather than to only those structures where there appears to be probable cause, please advise." 1092 City Hall, Anaheim, California - COUNCIL MINUTES - December 21~ 1982~ 10:00 A.M. Councilwoman Kaywood stated she did not have an opportunity to see the report, but had asked that there be door-to-door inspection. It was on her complaint as a citizen that enforcement in that area was taking place. Councilman Bay stated considering the number of places that had to be covered in a relatively short period of time and the action already being taken and yet to be taken, he could not recommend that they push for entry at this time, because he did not believe that was the number one priority. They must first cover the entire area with the available people. After they received a more detailed report, it would be best to wait and decide whether they then wanted to go further or not. At present, however, it would not be a good move. Both the Mayor and Councilman overholt agreed with Councilman Bay. Thus, the consensus of the Council Members present was that entry into every unit without probable cause not be undertaken at this time. RECESS - CLOSED SESSION: The City Manager requested a Closed Session to discuss personnel matters with no action anticipated; The City Attorney requested a Closed Session to discuss litigation and potential litigation with no action anticipated. Councilman Roth moved to recess into Closed Session. Councilwoman Kaywood seconded the motion. Councilman Pickler was absent. MOTION CARRIED. (11:02 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman Pickler. (11:59 a.m.) 112: PARNELL VS. CITY OF ANAHEIM: Councilman Roth moved to authorize the City Attorney to settle Orange County Superior Court Case No. 334-39-82, Parnell vs. City of Anaheim, for a sum not to exceed 313,250. Councilman Overholt seconded the motion. Councilman Pickler was absent. MOTION CARRIED. 112: VICTORIA WEST VS. CITY OF ANAHEIM: Councilman Roth moved to authorize the City Attorney to settle Orange County Superior Court Case No. 33-80-67, Victoria West vs. City of Anaheim, for a sum not to exceed ~15,000. Councilman Overholt seconded the motion. Councilman Pickler was absent. MOTION CARRIED. RECESS: Councilman Roth moved to recess. Councilman Overholt seconded the motion. Councilman Pickler was absent. MOTION CARRIED. (12:00 noon) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (6:46 p.m.) (See Redevelopment Agency Minutes this date.) ADJOURAMENT: Councilman Bay moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (6:46 p.m.) LINDA D. ROBERTS, CITY CLERK 1093 City Hall, Anaheim, California - COUNCIL MINUTES - December 28~ 1982, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: AB SENT: PRESENT: COUNCIL MMMBERS: Kaywood, Pickler, Overholt, Bay and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: A Moment of Silence was observed in lieu of the Invocation. FLAG SALUTE: Councilman Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: RESOLUTION OF WELC~fE: A Resolution of Welcome was unanimously adopted by the Council welcoming the members of the Society for Technical Communication to Anaheim on January 29, 1983, for the Tenth Annual Technical Communicator's Seminar. Diane Zensmeyer, Chairperson, Orange County Chapter, accepted the Resolution. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the Council and presented to Mr. John F. Hausey, Director of the Magnolia High School "Sentinel" Band, commending the band upon their selection to appear in the 1983 Tournament of Roses Parade. Mr. Hausey was accompanied by Susan Nettles, Drum Major, and Jim Harris, Band President. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held November 16, 1982. Councilman Pickler seconded the motion. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive 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 Overholt seconded the motion. MOTION CARRIED. FINANCIAL D~MANDS AGAINST THE CITY in the amount of ~3,807,078.44, in accordance with the 1982-83 Budget, were approved. CITY MANAGER/DEPAR/MENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 82R-607 through 82R-616, both inclusive, for adoption and Ordinance No. 4386 for first reading. Refer to Resolution Book. 1094 City Hall, Anaheim, California - COUNCIL MINUTES - December 28, 1982, 10:00 A.M. 1. 118: The following claims filed against the City were denied and referred to Risk Management: a. Claim submitted by Duane Anthony Leon for personal property damages to car purportedly sustained as a result of an accident caused by traffic signal malfunction at the intersection of Brookhurst Street and Ball Road, on or about September 27, 1982. b. Claim submitted by Deborah Sackett for personal injuries purportedly sustained due to a slip-and-fall accident at Anaheim Stadium, on or about October 6, 1982. c. Claim submitted by Bobble Roberta Colbert for personal injuries purportedly sustained due to an accident caused by a trash truak at 916 South Beach Boulevard, on or about August 17, 1982. d. Claim submitted by Adel Harris for Brenton Harris, Deceased, for wrongful death of claimant's husband, purportedly sustained due to lack of adequate pedestrian crossings and warning signs on Harbor Boulevard in the vicinity of Orangewood Avenue, on or about September 2, 1982. e. Claim submitted by Robyn Ellen Mosier, Robyn P. Russell, Jessica A. Torres, et al, for indemnification, Orange County Superior Court Case No. 33-63-89 (Plaintiffs, Kirk S. Hirsch, a minor, by and through his Guardian ad litem, Robert S. Hirsch). f. Claim submitted by Delmar Pebley for personal property damages purportedly sustained due to power problems at 800 West North Street, on or about November 10, 1982. g. Claim submitted by Southern California Gas Company for damages to facilities purportedly sustained as a result of City Utility repair operations at 245 Via Montanera, on or about October 29, 1982. 2. 108: The following applications were granted in accordance with the recommendations of the Chief of Police: a. Entertainment Permit submitted by Antonio Gomez Granados for the Tiki Bar, 910 North Anaheim Boulevard, to permit a Mariachi Band (8 persons) nightly from 4:00 p.m. to 2:00 a.m. b. Entertainment Permit submitted by Antonio Gomez Granados for the E1 Burrito Bar, 557 South Olive Street, to permit a Mariachi Band (8 persons) nightly from 4:00 p.m. to 2:00 a.m. Councilman Bay, referring to the two foregoing Entertainment Permits (Tiki Bar and E1 Burrito Bar), stated he was concerned about the noise on surrounding neighborhoods. He wanted to be certain that staff would be monitoring the area, since the establishments were close to residential areas. 1095 City Hall, Anaheim, California - COUNCIL MINUTES - December 28~ 1982, 10:00 A.M. The City Attorney then confirmed if there was any abuse of the permits, they could be set for a hearing for possible revocation. c. Public Dance Permit submitted by Ray K. Kondo for Rikio's Restaurant, 2383 West Lincoln Avenue, to hold a public dance on December 31, 1982, from 9:00 p.m. to 1:30 a.m. d. Public Dance Permit submitted by Leah Rae Munoz for Mixed Company Productions, to hold a public dance at the American Legion Post No. 72, at La Palma Avenue and Lemon Street, on December 31, 1982, from 8:00 p.m. to 1:00 a.m. e. Public Dance Permit submitted by Felipe Jesus Guerena for Anaheim Dance Promotions, to hold a public dance at the Anaheim Convention Center on December 31, 1982, from 6:00 p.m. to 1:30 a.m. 3. 160: Authorizing the Purchasing Agent to issue a purchase order to Grissom & Johnson, Inc., in the amount of ~12,419.83, for the replacement of the 5KV Feeder at the Convention Center. 4. 164: Authorizing Change Order No. 1 to the contract with Gillespie Construction in the amount of ~4,000 for additional fill material for the Lakeview Avenue and La Palma Avenue Storm Drain Outlet Structure, Account No. 46-791-6325-E1300. 5. 123: Authorizing an agreement with Szabo Food Service, Inc., for food and beverage services at the Convention Center, term ending December 31, 1987. 107: RESOLUTION NO. 82R-607: 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 IMPROV~4ENT, TO WIT: BUILDING DMMOLITION, 518 SOUTH ANAHEIM BOULEVARD, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 55-650-6325-86060-R9000 AND 53-619-6329-90240-31500. (Bids to be opened January 27, 1983, 2:00 p.m.) 150: RESOLUTION NO. 82R-608: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING ~ DETERMINING TI{AT PUBLIC CONVENIENCE A/~D NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: OAK CANYON NATURE CENTER PARKING LOT IMPROVEMENT, FR~M 263' E/0 WALNUT CANYON ROAD TO WALNUT CANYON ROAD, IN THE CITY OF ANAHEIM, ACCOUNT NO. 16-810-7103-1002C. (Bids to be opened January 27, 1983, 2:00 p.m.) 164: RESOLUTION NO. 82R-609: ANAHEIM AWARDING A CONTRACT FOR THE CONSTRUCTION OF PRESSURE REDUCING STATION NLMBERS 49, 52, 53, 55, 56 AND 57, ACCOUNT NOS. 53-611-62329-17170-34310, 53-611-6329-17180-34310, 53-611-6329-17190-34310, 53-611-6329-17200-34310, 53-611-6329-17210-34310 AND 53-611-6329-17220-34320. (Allied Sprinkler Company, Inc., ~22,620) 1096 City Hall, Anaheim, California - COUNCIL MINUTES - December 28, 1982, 10:00 A.M. 164: RESOLUTION NO. 82R-610: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: 16-INCH TRANSMISSION MAIN IN LA PALMA AVENUE AND WEIR CANYON ROAD, PHASE I, IN THE CITY OF ANAHEIM, ACCOUNT NO. 54-605A-6329-27070-34350. (Brkich Bros. Corp. contractor) 164: RESOLUTION NO. 82R-611: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL A~ WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROV~I~ENT, TO WIT: LAKEVIEW-LA PAIMA STORM DRAIN OUTLET STRUCTURE, ACCOUNT NO. 46-791-6325-E1300. (Gillespie Construction, contractor) 150: RESOLUTION NO. 82R-612: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: PONDEROSA PARK CCMMUNITY BUILDING, IN THE CITY OF ANAHEIM, ACCOUNT NO. 25-818-7105. (Jess A. Minghelli Co., contractor) 123: RESOLUTION NO. 82R-613: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING SUPPLEMENT NO. 14 TO LOCAL AGENCY-STATE AGREEMENT NO. 07-5055 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID SUPPLEMENT. (to provide City matching funds in the amount of 58,225 for the cost of installing crossing protection at Brookhurst Street and the Southern Pacific Transportation Company Railroad Crossing No. BAA-511.9, to Federal funds in the amount of 574,025) 144: RESOLUTION NO. 82R-614: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINAiqCING PROGRAM CERTAIN HIGHWAY IMPROV~ENT PROJECTS. (1983-84, ~1,300,0OO for Anaheim Boulevard from Broadway to Ball Road and 550,000 for Lincoln Avenue from Sunkist Street to State College Boulevard) 176: RESOLUTION NO. 82R-615: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (82-7A, a former Southern California Edison Company public utility easement acquired by the City of Anaheim, as Successor, located east of Beach Boulevard, south of Stonybrook Drive, and setting a date and time for the public hearing as January 18, 1983, 1:30 p.m.) 158: RESOLUTION NO. 82R-616: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A CERTAIN DEED AND ORDERING ITS RECORDATION. (Anaheim Shores) 1097 City Hall, Anaheim, California - COUNCIL MINUTES - December 28~ 1982, 10:00 A.M. 149/142: ORDINANCE NO. 4386: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW SECTION 14.32.189 RELATING TO PARKING AND STOPPING. (no stopping at any time tow-away, bus zones or streets designated) 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. 82R-607 through 82R-616, both inclusive, duly passed and adopted. 170: SPECIAL EVENTS PERMIT NO. 82-183, EXTENSION OF TIME: The William Lyon Company, requesting a six-month extension of time to their permit to allow the display of temporary flags and banners for Tract No. 11053 located at the southwest corner of Cerritos Avenue and Euclid Avenue. Submitted was a report from the Planning Department/Zoning Division dated December 21, 1982, recommending approval of the extension of time, to expire May 18, 1983. Councilwoman Kaywood wanted to know the number of units per acre on the subject project; a representative from The William Lyon Company who was present in the Chambers audience stated she did not have information on the density of the project with him. MOTION: Councilman Roth moved to approve the extension of time to Special Events Permit No. 82-183 submitted by The William Lyon Company to allow the display of temporary flags and banners for Tract No. 11053 located at the southwest corner of Cerritos Avenue and Euclid Avenue, to expire May 18, 1983. Councilman Bay seconded the motion. Councilwoman Kaywood abstained. MOTION CARRIED. Councilwoman Kaywood asked that she be provided with the number of units per acre. She wanted that information before voting and that was the reason for her abstention. 170: FINAL MAP TRACT NO. 11782: Developer, M. J. Brock, tract is located at the southeast corner of Romneya Drive and Leeward Lane, north of Outrigger Way and contains a proposed 4-lot ~-2400 zoned subdivision. On motion by Councilman Pickler, seconded by Councilman Roth, the proposed subdivision, together with its design and improvement, was found to be consistent with the City's General Plan, and the City Council approved Final Map, Tract No. 11782, as recommended by the City Engineer in his memorandum dated December 20, 1982. MOTION CARRIED. 179: REQUEST FOR REHEARING ON CUP 2373: An Affidavit of Merit in support of a request for rehearing on CUP 2373, to permit a convenience market with gasoline sales on CL zoned property located at 1725 South Brookhurst, was submitted by A1 Serrato (denied November 2, 1982, Resolution No. 82R-539). 1098 City Hall, Anaheim, California - COUNCIL MINUTES - December 28, 1982~ 10:00 A.M. City Attorney William Hopkins explained that relative to the subject request, Council Policy 105 required that, "Any consideration by the City Council of a petition for rehearing or reconsideration must be presented not later than the immediate subsequent meeting of the City Council..." The Council could waive that requirement, but that was the Policy. He then confirmed for the Mayor and Councilman Pickler that if the request for a rehearing was denied, an option would be for the petitioner to start the process over again through the Planning Commission. MOTION: Councilman Bay moved to deny the request for a rehearing on CUP 2373. Councilman Overholt seconded the motion for the purpose of discussion. Councilman Overholt then stated he did not see anything new presented in the Affidavit of Merit in support of the request for a rehearing. He felt it was a project that had to go back to the drawing board, and thus he would support the motion. A vote was then taken on the foregoing motion. Councilman Roth voted "no." MOTION CARRIED. 108/179: ORDINANCE NO. 4382 - HEALTH SPAS AND PHYSICAL FITNESS CENTERS: Adding new subsections to Title 18 to allow health spas and physical fitness centers as a conditionally permitted use in the Anaheim Canyon Industrial Area and as a permitted primary use in all commercial zones in the City. Councilwoman Kaywood asked if the proposed ordinance included health spas and fitness centers would be permitted with adequate parking only, the reason being the fact that the very successful Holiday Health Spa on Magnolia and Broadway had overflow parking, causing problems for the surrounding neighborhood, both business and residential. Annika Santalahti, Assistant Planning Director--Zoning, stated she did not believe there were any changes relative to parking. Councilman Roth offered Ordinance No. 4382 for first reading. Additional questions were then posed to staff relative to parking standards for such businesses, at the conclusion of which the Mayor withdrew his first reading o~ the ordinance. Councilwoman Kaywood stated that they needed to incorporate within the ordinance a provision insuring that parking for customers of spas or fitness centers would be accommodated within their own parking area to eliminate the types of problems experienced at the Holiday Health Spa. MOTION: Councilman Bay moved to continue action on the proposed ordinance for two weeks and that the Planning staff provide information on parking requirements necessary to change or mitigate alleged or possible parking problems with regard to the subject establishments. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 1099 City Hall, Anaheim, California - COUNCIL MINUTES - December 28, 1982~ 10:00 A.M. 149/179: ORDINANCE NOS. 4383 AND 4384: ENVIRORMENTAL IMPACT REPORT NEGATIVE DECLARATION: On motion by Councilman Roth, seconded by Councilman Bay, the City Council finds that the proposed amendments would make current regulations more consistent with the parking needs of the City based on documented studies, that adoption of the ordinances was not anticipated to have any significant adverse effects on the environment and are, therefore, exempt from the requirement to prepare and EIR. MOTION CARRIED. Councilman Roth offered Ordinance Nos. 4383 and 4384 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4383: AN ORDINANCE OF THE CITY OF ANAHE/M AMENDING CHAPTER 18.06 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (vehicle parking and loading requirements) ORDINANCE NO. 4384: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS CHAPTERS, SECTIONS AND SUBSECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO VEHICLE PARKING AND LOADING REQUIREMENTS. Before a vote was taken, Councilwoman Kaywood asked if a section of the ordinance could be removed, otherwise she was going to vote "no" on the entire ordinance, that portion being under Section .020, Minimum Dimensions of Parking, providing that spaces for small cars be 7 1/2 feet by 15 feet, whereas staff and the consultant had recommended 8 feet. She wanted that provision changed to 8 or 8 1/2 feet. What they were going to have with 7 1/2 feet was a situation where most cars would be taking two spaces instead of one, thus reducing the available parking. She asked if there was a way she could vote "no" on 7 1/2 by 15 without voting "no" on the entire ordinance. City Attorney Hopkins advised that at this point, it would be necessary for her to vote "no" against the entire ordinance. Councilwoman Kaywood stated she was going to vote "no" with the understanding that 7 1/2 feet by 15 feet was the portion on which she was voting "no." A vote was then taken on the foregoing ordinances. Roll Call Vot~ AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Pickler, Overholt, Bay and Roth Kaywood None The Mayor declared Ordinance Nos. 4383 and 4384 duly passed and adopted. 149/179: ORDINANCE NO. 4385: Councilman Bay offered Ordinance No. 4385 for adoption. Refer to Ordinance Book. 1100 City Hall, Anaheim, California - COUNCIL MINUTES - December 28, 1982, 10:00 A.M. ORDINANCE NO. 4385: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (82-83-9, RM-1200) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Ordinance No. 4385 duly passed and adopted. 173: BULLET TRAIN: Mayor Roth reported that at the Orange County League of Cities meeting to be held January 13, 1983, a vote was to take place as to whether or not an EIR should be required on the proposed Bullet Train. He wanted to get some direction from the Council before voting. The EIR requirement had been deleted by State Legislators, but now there appeared to be a push, not only by Tustin, but also other cities, to support Assemblywoman Bergeson's bill requiring an EIR. He was asking for a consensus of the Council on the matter. Councilman Bay stated he personally favored any bill that would take the matter back to Sacramento and require a full EIR process. What he knew of the design and the noise factor involved, he was not certain he would like to have the train coming through Anaheim. Councilwoman Kaywood asked if there was a procedure to have some kind of approval from each locality where the train would be passing through; Councilman Bay stated the latest move was to take it through Public Utilities Commission (PUC) hearings. The Mayor explained that the legislators, realizing it would take years of paperwork for an EIR process, decided to go through the PUC. He then stated he had serious problems inundating the whole Bullet Train concept with more paperwork. As an individual looking at the train as an alternative to the automobile and better air quality, he felt that PUC hearings would be a source for participation by local government. Councilman Pickler stated that although an EIR would have some merit, he was against the Resolution of the City of Tustin supporting the EIR requirement. The Bullat Train was necessary to alleviate the traffic on Interstate 5 and an EIR process would require more time and money. Councilwoman Kaywood stated she was very concerned by the manner in which the Bullet Train was "railroaded" through the State Legislature at the last minute with no public knowledge or hearings. They did not know where the train was going to go or how, the amount that would be charged, etc. She felt they needed to have a great deal more information, since at this point they really had none. 1101 City Hall, Anaheim, California - COUNCIL MINUTES - December 28, 1982~ 10:00 A.M. Councilman Overholt recommended that they abstain from voting at the league meeting, the reason being he was not aware that Council had any direct communication on the Bullet Train. They should take a wait-and-see attitude, because they owed it to the citizens of Anaheim to force the people involved to tell them what was going to happen. Councilman Bay stated he was in no hurry to support requiring an EIR, but at the same time, there should be some means used to put pressure to get more factual information on the whole issue. He would go along with the general consensus to abstain, but reiterated they should be pressing for more information. MOTION: Councilman Bay moved to direct staff to submit all data and information available on the Bullet Train, so that Council could make a decision in one week on a consensus of the majority of the Council relative to whether or not they would support the requirement for an EIR. Councilman Roth seconded the motion. Before a vote was taken, the Mayor asked that Associate Planner Pam Lucado provide all the information she had; Councilman Overholt asked that any other information available also be submitted. A vote was then taken on the foregoing motion. MOTION CARRIED. REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss potential litigation with no action anticipated; the City Attorney requested a Closed Session to discuss litigation and potential litigation with no action anticipated. Councilman Bay moved to recess into Closed Session. Councilman Roth seconded the motion. MOTION CARRIED. (11:10 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (11:35 a.m.) 120: CONTINUED PUBLIC HEARING - PUBLIC NUISANCE - 949 NORTH MOHICAN AVENUE: To determine the existence of a public nuisance at 949 North Mohican Avenue, and to abate in whole or part, Mr. & Mrs. Arthur Neiswanger, owners. Continued from the meetings of November 2 and 30, 1982--see minutes those dates. The Mayor asked to hear from either Mr. or Mrs. Neiswanger or their agent. Ms. Daralyn Wallner, Attorney, 631 South Brookhurst, Suite 104, stated she had reviewed the proposed agreement with Frank Lowry, Senior Assistant City Attorney, and she had approved it on behalf of her clients. However, the Neiswangers had not approved it. They had a death in the family last week and were not able to concentrate on the matter or communicate with her. She was, therefore, at a loss and requested another continuance. Thirty days was 1102 City Hall, Anaheim, California - COUNCIL MINUTES - December 28, 1982~ 10:00 A.M. satisfactory as far as she was concerned, but she could not guarantee the Neiswangers would sign the agreement within that thirty-day period. She did not know their feelings on it, except they did not like to sign anything regarding their property which they felt was not necessary to sign. MOTION: Councilman Overholt moved to continue the matter to January 25, 1983, at 1:30 p.m., with the understanding that the Council would take action at the end of that period. Councilman Pickler seconded the motion. Before a vote was taken, Councilman Bay stated he was concerned because in reading the agreement, it was tied to sale of the property and, as he recalled, the intent of the Council was that the agreement be tied to whether or not the Neiswangers lived on the property. If they lived somewhere else and rented the property, that would not invoke the covenant in the. agreement. He was not satisfied with the agreement and it should state that the condition be allowed as long as the Neiswangers were residing on the property and not based on the sale of the property. Ms. Wallner stated it was their understanding that the word occupant would designate a renter, new owner or occupant. Councilman Overholt stated the intention was if they (the Neiswangers) were'to vacate the property and someone else was living in the home, even if they continued to be the owners, they would have to remove the temporary situation. Councilman Bay stated he had no disagreement with the motion for continuance, but that the period of time would be spent attempting to get signatures on an agreement he did not agree with, and they should decide on changes now. City Attorney Hopkins explained that the language was put in the agreement in order to cover all types of contingencies. However, if the Council wished to add the word "sale, .... rental" or "disposition," perhaps Ms. Wallner would agree. Ms. Wallner answered that she was agreeable, but could not guarantee the same for her clients. Mr. Hopkins stated they woJld add the word "rental" after the word "sale;" Ms. Wallner stated that was satisfactory. Additional discussion followed between Council, staff and Ms. Wallner relative to changes to the agreement, at the conclusion of which Councilman Roth rephrased his motion as follows: That the matter be continued to January 25, 1983, at 1:30 p.m., with the understanding that unless the Neiswangers had executed and submitted an agreement satisfactory to the City Attorney by that time, the Council would take appropriate action. Councilman Pickler was agreeable in his second. 1103 City Hall~ Anaheim, California - COUNCIL MINUTES - December 28~ 1982, 10:00 A.M. A vote was then taken on the foregoing motion as amended. MOTION CARRIED. ADJOUR/~ENT: Councilman Pickler moved to adjourn. Councilman Roth seconded the motion. MOTION CARRIED. (11:50 a.m.) LINDA D. ROBERTS, CITY CLERK 1104