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1983/02/01City Hall, Anaheim, California - COUNCIL MINUTES - February 1, 1983, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRE SENT: COUNCIL M~4BERS: Kaywood, Pickler, Overholt, Bay and Roth COUNCIL MM4BERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts PARKS/RECREATION/COMMUNITY SERVICES DIRECTOR: Chris Jarvi INTERGOVER/~4ENTAL RELATIONS OFFICER: Cynthia Cave CONSERVATION SERVICES MANAGER: Bea Butryn ASSISTANT PLANNING DIRECTOR--PLANNING: Joel Fick ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti TRAFFIC ENGINEER: Paul Singer CODE ENFORCEMENT OFFICER: Anthony Montoya Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: The Reverend Gordon St. George, Anaheim Friends Church, gave the Invocation. 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: World Marriage Day in Anaheim, February 13, 1983. Marathon Extravaganza Week for Crippled Children in Anaheim, April 11-17, 1983. Children's Dental Health Month in Anaheim, February 1983. Mrs. Debbie Janton accepted the World Marriage Day proclamation; David Brown and David Garrison the Marathon Extravaganza proclamation; and Dr. Robert Sloan, the Children's Dental Health Month proclamation. lli: GROUNDBREAKING CEREMONY, CHAMBER OF CCMMERCE BUILDING: Mayor Roth referred to the subject groundbreaking scheduled to take place Thursday, ~ebruary 2, 19§~, at 11~00 a.m. Th~ ~arly weather report anticipated h~avy rains and the Chamber had a recommendation for an alternate plan, that Being to hold the ceremony in front of the Civic Center under the protection of the entryway. As well, part of the celebration would be to serve champagne for those who wished it. MOTION: Councilman Pickler moved to grant permission to the Chamber of Commerce to hold their groundbreaking ceremony for their new building on Thursday, February 3, 1983, at 11:00 a.m., in front of the Civic Center should the weather be inclement, and that champagne be permitted at that ceremony. Councilman Overholt seconded the motion. MOTION CARRIED. The Mayor asked the City Clerk to notify the Chamber accordingly. 61 City Hall, Anaheim, California - COUNCIL MINUTES - February 1, 1983, 10:00 A.M. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meetings held December 14, 21 and 28, 1982, and January 11, 1983. Councilman Bay seconded the motion. Councilman Pickler abstained on the minutes of December 21, 1982, since he was not present. 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 Bay seconded the motion. MOTION CARRIED. FINANCIAL DMMANDS AGAINST THE CITY in the amount of ~2,820,961.17, in accordance with the 1982-83 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, 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 offered Resolution Nos. 83R-31 through 83R-37, both inclusive, for adoption. Refer to Resolution Book. 1. 118: The following claims were filed against the City and action taken as recommended: A. Claim denied and referred to Risk Management: 1. Claim submitted by David M. Wade for personal property damages to car purportedly sustained due to an accident caused by a City driver on Nohl Ranch Road, 100 yards east of Imperial Highway, on or about December 7, 1982. B. Claim allowed payment: 2. Claim submitted by Joseph L. Spencer (Safeway Stores) for personal property damages to car purportedly sustained due to an accident caused by a City driver at 149 Avenida Cienega, on or about November 23, 1982. 2. The following correspondence was ordered received and filed: a. 105: Community Redevelopment Commission-~Minutes of November 17 and 24, December 8 and 29, 1982, and January 5 and 12, 1983. b. 105: Community Center Authority-~linutes of January 17, 1983. c. 105: Public Library Board--Minutes of December 15, 1982. d. 140: Public Library--Monthly Statistical Summary for December 1982. 62 City Hail, Anaheim, California - COUNCIL MINUTES - FebruarH 1~ 1983~ 10:00 A.M. 3. 108: Approving an application for a Dinner Dancing Place Permit submitted by Hugh B. Hanratty, for Cattleman's Wharf Restaurant, 1160 West Ball Road, for dancing Tuesday through Sunday, 8:30 p.m. to 1:30 aomo 4~ 123: Authorizing an agreement with Kobata Associates, Inco, in the amount of $7,100 for design and engineering services for the proposed lagoon recircuiation and filtration system in Pearson Park. 5. 123: Authorizing an agreement with Glendale Federal Savings and Loan Association Community Housing Foundation, to implement the 510,000 Home Improvement Equipment Rental Assistance Program. 6. 175: Authorizing Change Order No. 1 to the contract with R. J. Noble Company, in the amount of ~74,500, to restore electrical service for Pearson Park, Neighborhood Preservation Area No. 1, Account No. 46-793-6325-E3510, bringing the original contract price to ~259,537.01. 7. 169: Authorizing Change Order No. 1 to the contract with Hi Sodium Conversion Company, for an increase of $8,155, bringing the original contract price to ~1,138,868.03, and Change Order No. 1 to the contract with Sierra Pacific Electrical, for a decrease of 58,155, bringing the original contract price to zero dollars, Conversion of Street Light Luminaires for Multiple Operation, Account No. 01-677-6329-1217C-37300. 175: RESOLUTION NO. 83R-31: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE WATER WELL NO. 39, SOUTHEAST CORNER OF ORANGE AVENUE AND WESTERN AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 53-619-6329-90060-31500. (Stang Hydronics, Inc., ~168,900) 167: RESOLUTION NO. 83R-32: 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: STREET LIGHTING ASSESSMENT DISTRICT NO. 1981-6, TRACT NOS. 2228 AND 2705, IN THE CITY OF ANAHEIM, ACCOLrNT NO. 24-676-6329-12110-37300. (Mendoza Electric, contractor) 164~ REg0LUTION NO. 83R-33: 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: ALLEY, SEWER, STORM DRAIN AND WATER IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-792-6325-E2300. (Industrial Fence & Supply, Inc., contractor) 164/174: RESOLUTION NO. 83R-34: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THg 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: LINCOLN 63 City Hall, Anaheim, California - COUNCIL MINUTES - February 1, 1983~ 10:00 A.M. AVENUE FEDERAL AID PROJECT STORM DRAIN IMPROVEMENT, HES-L031(007), LINCOLN - FR~! RIO VISTA STREET TO 438' W/O AND RIO VISTA STREET - FRCM HEMPSTEAD TO LINCOLN AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 13-791-6325-El140, 47-791-6325-El140 AND 49-795-6325-E5240. (G. R. Frost, Inc., contractor) 158: RESOLUTION NO. 83R-35: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Henry B. Wesseln, et al., Ayako Yamasaki, et al.) 153: RESOLUTION NO. 83R-36: 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 class of Police Front Counter Operations - B, effective January 28, 1983) 153: RESOLUTION NO. 83R-37: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 82R-557, NUNC PRO TUNC. (to correct the job title of Police Counter Operations to Police Front Counter Operations - A) 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-31 through 83R-37, both inclusive, duly passed and adopted. 175/i09: FOURTH AMENEMENT TO THE RESIDENTIAL CONSERVATION SERVICE (RCS) PROGRAM: City Manager William Talley and Beatrice Butryn, Conservation Services Manager, first answered questions posed by the Mayor and Councilman Bay relative to the subject program. MOTION: Councilwoman Kaywood moved to authorize the fourth amendment to the Residential Conservation Service (RCS) Plan as required by the Energy Security Act and directing the Public Utilities General Manager to submit same to the Department of Energy, as recommended in memorandum dated January 25, 1983, from the Public Utilities Board. Councilman Pickler seconded the motion. MOTION CARRIED. 123: SUPPORT SERVICES FOR CONTINUATION OF THE RESIDENTIAL CONSERVATION SERVICES PROGP~M: Councilman Bay moved to authorize the First Amendment to an agreement with Enercom, Inc., for a software package, and the Second Amendment to an agreement with Volt Energy Systems, for personnel services for the implementation of the Residential Conservation Service (RCS) Program, and extending the terms to February 9, 1984, as recommended in memorandum dated January 25, 1983, from the Public Utilities Board. Councilman Pickler seconded the motion. MOTION CARRIED. 64 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 1~ 1983, 10:00 A.M. 120: PUBLIC NUISANCE - 949 NORTH MOHICAN AVENUE: A proposed resolution rescinding Resolution No. 83R-29 declaring a public nuisance at 949 North Mohican Avenue and ordering abatement thereof, which was adopted at the Council Meeting of January 25, 1983, was submitted--see minutes that date. City Attorney William Hopkins again referred to the real property covenant signed by the Neiswangers, which was received late in the meeting last Tuesday, January 25, 1983, after adoption of Resolution No. 83R-29 determining the existence of a public nuisance at the subject address. It was now a matter of whether the Council wished to let the former resolution stand or take the alternate action of rescinding it and subsequently approving the real property covenant. MOTION: Councilman Pickler moved that Resolution No. 83R-29 adopted on January 25, 1983, not be rescinded. Councilman Roth seconded the motion for the purpose of discussion. Councilman Overholt stated the concern he expressed last week was that the execution of the covenant apparently was alleged to be executed under some kind of financial pressure or harassment on the part of the City, as evidenced by the document attached to the covenant. It was his understanding that the spirit of their attempts to reach an agreement with the Neiswangers was out of respect for their age and the transportation needs of Mrs. Neiswanger, due to the fact that she could not walk very far. The interim arrangement was to be worked out by an agreement allowing them to install a gravel landing or driveway. The documentation provided did not look like an agreement at all. Councilwoman Kaywood asked if the property was still in violation; Anthony Montoya, Code Enforcement Specialist, reported that an inspection of the property this date confirmed that it was still in violation. A vote was then taken on the foregoing motion. MOTION CARRIED. 105: APPOINTMENTS TO THE YOUTH CCMMISSION: Mayor Roth declared nominations open for appointments to the Youth Commission to fill the terms expiring December 31, 1984. Councilwoman Kaywood nominated Paul Lepak; Councilman Pickler nominated Debbie Caston; Councilman Overholt nominated Michael Arias; Councilman Bay nominated Alfred Fix. Councilman Bay stated that the Youth Commission was composed of seven members and there were also seven high schools within the City. He would be interested in the Council setting up a system whereby the Commission would be made up of one member of each of the high schools to achieve a good cross section of the youth in the City. MOTION: Councilman Roth moved that nominations be closed. Councilman Overholt seconded the motion. MOTION CARRIED. 65 City Hall, Anaheim, California - COUNCIL MINUTES - February 1, 1983, 10:00 A.M. Councilman Pickler moved to approve the appointment of the four nominees to the Youth Commission for the term ending December 31, 1984. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 105: APPOINTMENTS TO THE MOTHER COLONY HOUSE ADVISORY BOARD: Councilman Roth nominated Dixie Edwards and Harold Bastrup to fill the vacancies on the Mother Colony House Advisory Board, as recommended in letter dated January 25, 1983, from the Chairman Pro Tem of the Board, Doug Renner. Councilwoman Kaywood seconded the nominations. Councilman Overholt moved that nominations be closed. Councilman Bay seconded the motion. MOTION CARRIED. Mrs. Edwards and Mr. Bastrup were thereupon unanimously appointed to the Mother Colony House Advisory Board. 123: CIVIC CENTER SCULPTURE COMPLETION: City Clerk Linda Roberts referred to memorandum dated February 1, 1983, received from the Director of Parks, Recreation and Community Services, Chris Jarvi, recommending that the Council accept the Civic Center Sculpture as being complete, subject to the installation of an approved identification plaque, and selecting a design for the identification plaque to be displayed with the Civic Center Sculpture. MOTION: Councilman Roth moved to approve the foregoing recommendations outlined in memorandum dated February 1, 1983, from the Director of Parks, Recreation and Community Services. Councilman Overholt seconded the motion. Before a vote was taken, Councilman Bay stated that normally, until an official notice of completion was received, all bills would not be paid. Apparently, there was no problem and he assumed there had been inspections and that there was no question as to the structural integrity of the sculpture before they paid off the contract. Mr. Chris Jarvi, Director of Parks, Recreation and Community Services, explained that the City Engineer was involved in the inspection of the project and he had also reviewed the memorandum he had submitted today. They would file a formal notice of completion once the plaque was complete. A vote was then taken on the foregoing motion. MOTION CARRIED. Mr. Jarvi then referred to the two alternate designs and wording for the plaque, attached to his February 1, 1983 memorandum. He asked for clarification as to which the Council preferred. Council Members Overholt and Kaywood expressed their preference for the first alternative, the one with, "Sculpture by Lloyd Hamrol, 1983," at the bottom. MOTION: Councilman Overholt moved to accept alternate one as the wording and design for the identification plaque to be installed on the Civic Center Sculpture. Councilman Pickler seconded the motion. 66 City Hall, Anaheim~ California - COUNCIL MINUTES - February 1, 1983, 10:00 A.M. Before a vote was taken, Councilwoman Kaywood stated, since the wording as presented could be confusing and appear that the sculpture was supported by a grant from the City, she recommended that line 6,.o.and the City of Anaheim, be made line 3. The plaque would then read, "This sculpture was supported by the Anaheim Arts Council, and the City of Anaheim, a grant from the National Endowment for the Arts, a Federal Agency." Neither Councilman Overholt nor Pickler had any objection to the recommended change. A vote was then taken on the foregoing motion, amended as articulated by Councilwoman Kaywood. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held January 10, 1983, pertaining to the following applications were submitted for City Council information. 1. RECLASSIFICATION NO. 82-83-10 AND VARIANCE NO. 3307: Submitted by Raymond M. Masciel, et al, for a change in zone from RS-A-43,000 to ~M-1200, to construct a 3-unit apartment complex on property located at 304 West Vermont Avenue, with the following Code waivers: (a) maximum structural height, (b) minimum landscaped setback, (c) permitted type of parking spaces, and (d) required screening of parking facilities. The City Planning Commission, pursuant to Resolution Nos. PC83-2 and PC83-3, granted in part, Reclassification No. 82-83-10 and Variance No. 3307, for 2 units, and granted a negative declaration status. 2. CONDITIONAL USE PERMIT NO. 2393: Submitted by Robert L. and Ethel L. Wetzler, to permit a drive-through restaurant on CH and CL zoned property located at the southeast corner of Ball Road and Beach Boulevard, with the following Code waivers: (a) minimum number of parking spaces, and (b) minimum length of drive-through lanes. The City Planning Commission, pursuant to Resolution No. PC83-4, granted Conditional Use Permit No. 2393, and granted a negative declaration status. 3. RECLASSIFICATION NO. 82-83-17: Submitted by the Redevelopment Agency, for a change in zone from 1~4-1200 to CO, to permit construction of a 2-story office building on property located at the southeast corner of Cypress Street and Harbor Boulevard. The City Planning Commission, pursuant to Resolution No. PC83-5, granted Reclassification No. 82-83-17. EIR No. 189 was certified by the City Council on November 23, 1976. 4. RECLASSIFICATION NO. 82-83-14: Submitted by Donald and Harriett Strickland, for a change in zone from RS-A-43,000 to ~-1200, to permit construction of a 6-unit apartment building on property located at 522 West Vermont Avenue. 67 City Hall, Anaheim, California - COUNCIL MINUTES - February 1, 1983~ 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC83-6, granted Reclassification No. 82-83-14, and granted a negative declaration status. 5. VARIANCE NO. 3314: Submitted by Ronald K. and Mary J. Moen, to permit construction of an addition to a single-family residence on RS-5000 zoned property located at 1723 Rutherford Street, with the following Code waivers: (a) maximum site coverage, and (b) minimum side yard setback. The City Planning Commission, pursuant to Resolution No. PC83-7, granted Variance No. 3314, and ratified the Planning Director's categorical exemption determination. 6. VARIANCE NO. 3315: Submitted by William P. and Margaret Jean Le Vecke, to permit construction of an addition to a single-family residence on RS-10,000 zoned property located at 700 North Helena Street, with the following Code waivers: (a) permitted type of accessory living quarters, (b) minimum side yard setback, and (c) minimum rear yard setback. The City Planning Commission, pursuant to Resolution No. PC83-8, granted Variance No. 3315, and ratified the Planning Director's categorical exemption determination. 7. CONDITIONAL USE PERMIT NO. 2402: Submitted by Hampstead Company, (California Federal Savings), to permit 13-foot high roof-mounted antennas on CL zoned property located at 1695 West Crescent Avenue. The City Planning Director, pursuant to Resolution No. PC83-9, granted Conditional Use Permit No. 2402, and granted a negative declaration status. 8. CONDITIONAL USE PERMIT NO. 2404: Submitted by East Anaheim Shopping Center Associates, to permit a physio-therapy massage facility on CL zoned property located at 2130 East. Lincoln Avenue, #34. The City Planning Commission, pursuant to Resolution No. PC83-11, denied Conditional Use Permit No. 2404, and granted a negative declaration status. 9. CONDITIONAL USE PERMIT NO. 2406: Submitted by Insilco Financial and Realty Corporation, to permit an automobile rental agency on CG zoned property located at 1440 West Lincoln Avenue. The City Planning Commission, pursuant to Resolution No. PC83-12, granted Conditional Use Permit No. 2406, and granted a negative declaration status. 10. CONDITIONAL USE PERMIT NO. 2408: Submitted by Anthanasios Nick and Effie A. Foskaris, to permit an industrial/commercial office building and a drive-through restaurant on ML(SC) zoned property located at the northwest corner of La Palma Avenue and Lakeview Avenue, with a Code waiver of minimum length of drive-through lane. 68 City Hall, Anaheim, California - COUNCIL MINUTES - February 1~ 1983~ 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC83-13, granted in part, Conditional Use Permit No. 2408, and granted a negative declaration status. 11. TENTATIVE TRACT NO. 11079 - EXTENSION OF TIME: Submitted by Edwin J. Carattini, requesting an extension of time to Tentative Tract No. 11079, a proposed RM-3000 zoned one-lot, 12-unit, condominium subdivision on property located at 3633 West Bail Road. The City Planning Commission approved an extension of time to Tentative Tract No. 11079, to expire December 30, 1983. 12. CONDITIONAL USE PERMIT NO. 1359 - EXTENSION OF TIME: Submitted by Dan L. Rowland, (Hyatt House Hotel), requesting an extension of time to Conditional Use Permit No. 1359, to permit a 10-story hotel tower, with a Code waiver of minimum number of parking spaces, on propert~ located at 1700 South Harbor Boulevard. The City Planning Commission denied an extension of time to Conditional Use Permit No. 1359. Mayor Roth noted that Mr. Freedman was present in the Council Chambers. Mr. Leo Freedman, 1700 South Harbor Boulevard, stated that the requested extension of time was denied by the Planning Commission. He was requesting that it be approved, so that he could add an additional 251 rooms to the facility, bringing the total to 551. Councilman Bay interjected and emphasized that relative to Planning Commission Consent Calendar Items, there were only two actions that could be taken, one being no action and thus the action of the Planning Commission would stand, or that the matter be set for a public hearing before the Council. If he (Freedman) was requesting that it be set, he would be glad to do so. Discussiom then followed with questions being posed to Miss Santalahti, Assistant Planning Director--Zoning, as to the best procedure for Mr. Freedman to follow, one alternative that a written appeal be filed in the City Clerk's office before 5:00 p.m. this date, appealing the decision of the Planning ~omm~ss~on. During the conversation, ~ounc~lwoman ~aywoo~ po~nte~ out that the denial of the extension of time was not a denial of the project, but that the plans were so old since the CUP was approved in 1972, that the Code had changed in the interim. 13. AMENDING RESOLUTION NOS. PC82-143, 150, 152, AND 160 - NUNC PRO TUNC: Request of the Planning Commission Secretary, to amend Resolution Nos. PC82-143, 150, 152 and 160, nunc pro tunc, relating to Conditional Use Permit Nos. 2357, 2355, 2361 and 2363, to correct the Environmental Impact Finding paragraphs in each of the foregoing resolutions. The City Planning Commission, pursuant to Resolution No. PC83-14, amended the subject resolutions, nunc pro tunc. 69 City Hall, Anaheim, California - COUNCIL MINUTES - February 1, 1983, 10:00 A.M. 14. 170: TENTATIVE TRACT NO. 11830: Submitted by Albert Borchard, Kenneth L. Larsen and Roy W. Mabee, to establish an 8-lot, 639-unit, ~-1000 zoned subdivision on property located at 2925 West Lincoln Avenue. The City Planning Commission, at their meeting of January 24, 1983, approved Tentative Tract No. 11830. EIR No. 253 was certified by the City Council on November 29, 1982. No action was taken by the City Council on the foregoing items; therefore, the actions of the City Planning Commission became final. VARIANCE NO. 3300 (READVERTISED): Submitted by William J. Clark, to construct a 168-unit apartment complex on ~-1200 zoned property located at 1231 South Palm Way, with the following Code waivers: (a) maximum structural height, and (b) permitted type of parking spaces. The City Planning Commission, pursuant to Resolution No. PC83-1, granted Variance No. 3300 (Readvertised), and granted a negative declaration status. Councilman Pickler expressed his concern over the fact that there were going to be two 25-foot wide driveways providing ingress and egress from Euclid Street. The Ball/Euclid intersection was a very busy one and would be additionally impacted by the proposed access on Euclid. Miss Santalahti stated that the Traffic Engineer had been very involved relative to the project, and approval by the Commission was based on the fact that the Traffic Engineer was satisfied. After additional discussion, it was determined that the matter be trailed until later in the meeting when Mr. Singer could be present to answer the concerns expressed. Later in the meeting, Traffic Engineer Paul Singer explained that the northerly driveway on Euclid Street was rather limited because there were not many units to be served by it. The main driveway was in the middle of the property and, since the developer redesigned the tandem parking, there would be none at the exit. Further, Euclid Street had a continuous left-turn lane to facilitate any left turns. He felt there was not going to be a problem. Councilman P~c~ler re~terate~ h~s concern, e~pecially th~ fact that wh~cl.~ would be making left turns from the property into southbound traffic on Euclid. By allowing such left turns, they would be making the matter worse at one of the busiest intersections in the City, and they had to try to eliminate that problem. After further discussion with the Traffic Engineer, Councilman Pickler requested a review of the Planning Commission's decision in granting Variance No. 3300. 7O City Hall, Anaheim, California - COUNCIL MINUTES - February 1~ 1983, 10:00 A.M. CONDITIONAL USE PgRMIT NO. 2403: Submitted by La Mancha Development Properties, Ltd., to permit a billboard on CH zoned property located at 965-995 South Beach Boulevard, with the following Code waivers: (a) maximum display area, and (b) maximum height. The City Planning Commission, pursuant to Resolution No. PC83-10, denied Conditional Use Permit No. 2403, and granted a negative declaration status. The Planning Commission's action was appealed by the applicant and, therefore, a public hearing would be scheduled at a later date. 107: PATRICK HENRY NEIGHBORHOOD ENFORC~I~ENT PROGRAM - STATUS REPORT: Councilman Bay moved to receive and file the Patrick Henry Neighborhood Enforcement Program Status Report dated January 26, 1983, from the Planning Department. Councilman Roth seconded the motion° Before a vote was taken, Councilwoman Kaywood stated that initially she had requested a door-to-door survey be made on all of the apartments where there appeared to be reasonable cause to expect violations. She did recall that the Planning Director, Ronald Thompson, stated they could not enter units without being invited and she asked that they try very hard to be invited in. With the number of violations involved, it was obvious from the exterior that there was probable cause to expect many serious violations internally. MOTION: Councilwoman Kaywood offered a substitute motion that they go door-to-door inside apartments in that apartment area where invited and where there were external violations. Councilman Pickler seconded the motion for the purpose of discussion. Councilman Bay withdrew his motion, but intended to make the motion to receive and file the report after action was complete on the matter. He then asked the City Attorney's opinion of designating inspections for voluntary entry on the apartments only. City Attorney Hopkins answered that he saw no problem if it was voluntary entry. If involuntary, they would probably have to obtain inspection warrants. Councilman Overholt asked if it was the intent of the maker of the motion that the staff again devote 100 percent of their time in the subject area until the inspection was complete. Councilwoman Kaywood stated they had not spent 100 percent of their time in one area even though the Patrick Henry area had been the cause of most of the complaints received. They would be saving time bYprogressing in an orderly manner, rather than by skipping all over the City. It would save money and conserve gasoline. The whole point involved was that they were making a livable neighborhood. It was legal and proper and other cities were doing the same with great success. 71 City Hall, Anaheim, California - COUNCIL MINUTES - February 1, 1983, 10:00 A.M. After further discussion on the issue of the inspection time necessary to be devoted to door-to-door inspections, Councilman Overholt stated that he did not want to rush into a 100 percent staff effort until they knew it was going to accomplish what they wanted to accomplish. He would recommend that they study the cost of such an effort, as well as knowing the details of a plan, how it was going to be implemented and what would happen to the rest of the City while the plan was being.implemented. He would join in a request for such a report from staff, but he could not support the substitute motion today. MOTION: Councilman Pickler moved that the matter be continued for two weeks and that a report be submitted by staff. Councilman Overholt seconded the motion. Before a vote was taken, Councilwoman Kaywood stated that she had a map showing two of the worst areas--the Hall, Victor, Julianna area with 140 units, and the Chevy Chase, Robin, Blue Jay, Wren areas, and the Manzanita area with 360 units. She submitted it to Miss Santalahti. She also noted that Sheri Pignone, Chairman of the Housing Task Force, was in the Chambers audience. Mayor Roth asked Mrs. Pignone if she had any objection to their pending action. Mrs. Sheri Pignone, 1181 North Crown Street, stated she had no objection. They could devote a Monday and Tuesday to the area and the rest of the week to other areas. She felt they could contact most of the people during the day, and going back at night or on weekends, as had been discussed, was not necessary. Mayor Roth suggested that they could leave a flyer indicating the inspectors had called, and if the tenants wanted them to return, they could contact them accordingly. Councilman Overholt stated he would be concerned if from the beginning they limited themselves only to those residences where they found external violations. Somehow they ought to give an opportunity for inspection of internal violations. Councilman Bay asked for clarification on the motion for continuance. He understood they wanted to see a plan from the responsible department on the enforcement of the area, perhaps with a couple of alternatives, using one or both of the Housing Inspectors for given period of time to attempt voluntary entry to all the apartments in the area, regardless of whether there were visual violations or not; Mayor Roth stated that was the intent. A vote was then taken on the foregoing motion of continuance, clarified to include that the report to be submitted by staff be a written plan with alternatives as to how implementation of a door-to-door inspection, where invited, would be accomplished in all of the apartments in the Patrick Henry area. MOTION CARRIED. 72 City Hall, Anaheim, California - COUNCIL MINUTES - February 1~ 1983, 10:00 A.M. MOTION: Councilman Bay moved to receive and file the Patrick Henry Neighborhood Enforcement Program Status Report of January 26, 1983. Councilman Overholt seconded the motion. Before a vote was taken, Councilwoman Kaywood stated that since they were going to receive another report in two weeks, and they were going to continue further with voluntary internal inspections, she wanted to keep the subject report alive. A vote was then taken on the foregoing motion. Councilwoman Kaywood voted "no." MOTION CARRIED. 179: ORDINANCE NOS. 4390 THROUGH 4392: Councilman Roth offered Ordinance Nos. 4390 through 4392, both inclusive, for first reading. ORDINANCE NO. 4390: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (65-66-24(29), ML) ORDINANCE NO. 4391: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-64(14), ML) ORDINANCE NO. 4392: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (79-80-3, PR(SC), 4545 Riverdale Avenue) 164: STORM DRAINS: Councilwoman Kaywood commented on the heavy rainstorms recently experienced and her attempt to get through Ball Road between Brookhurst and Gilbert Streets, which were inundated with water. It was evident to her that the City must make herculian efforts to provide needed storm drains, which could not be funded on a General Fund basis. It was too much for the General Fund, and had to be done to implement the ~10 million bond issue approved by 68 percent of the voters in November 1980. 106: DISCUSSION OF GENERAL POLICY QUESTIONS ON THE BUDGET: Councilman Bay recounted that the City Council, at his request, attended a budget meeting with City management last fall. The conclusion reached at that meeting was that budget policy inputs primarily occurred in June, after the proposed budget was completed and presented. The City Manager issued his budget policy message in November prior to preparation of the next yaar'~ budget. It wa~ decided at that meeting that Council policy direction should occur prior to the preparation of the budget. Last Wednesday, January 26, 1983, the Council met again with City management, so that the Council could express its ideas on the budget process to City administration for the 1983-84 fiscal year. He then offered some constructive criticism of that meeting, at the conclusion of which he stated, since there had been criticism of the time spent on those meetings relative to the number of department heads required to attend, ~tc., that the Council instead discuss policy questions regarding the budget during regular City Council meetings, so that they could at least settle the differences they might have on those policies. He suggested that they set some time aside, perhaps one-half hour to one hour, until those differences of opinion on budget policy were resolved and direction given to City administration. 73 City Hall, Anaheim, California - COUNCIL MINUTES - February 1, 1983, 10:00 A.M. Councilman Overholt suggested if Councilman Bay had in mind a regular deliberation every Tuesday, that he set up some kind of agenda or plan. If he had an agenda for a weekly discussion for 30 minutes, or whatever time, he would be happy to look at and consider it. Until then, he would not approve, since there was a budgetary process already established. Mayor Roth suggested that he (Bay) prepare some agenda items that he would like to have included in Council meetings of the future. They could probably discuss those before Council Comments if there were three votes to do so, and then it would be a set program for the next few weeks to air those problems. Councilman Bay stated that would be satisfactory with him. that they had to go on for a long period of time at all. about general policy. He did not know He was talking only Councilman Overholt, speaking to the Mayor, then asked if he (Roth) would be offended if he prepared a critique of an all-day Council Meeting to show that it was an ineffective use of time. He would be glad to prepare and submit for Council's consideration a proposal that would accomplish the same amount of work and yet get them out at a reasonable hour. The Mayor stated he would be interested, but he was not going to relinquish any responsibility he had as a Council Member to staff in order to expedite matters; Councilman Bay stated he would be interested in seeing such a proposal as well. 175/157(IPP): MONTHLY PROGRESS REPORT ON THE INTERMOUNTAIN POWER PROJECT (IPP): Councilman Bay referred to the Monthly Progress Report on IPP, Page 2-2, the graph in Section 2.3 (Page 9 of 13). Unless he did not know how to read graphs, it showed extreme overruns in project costs, estimate versus actual, land and land rights. In reading the report, he did not find any explanation of those overruns that were occurring on land acquisition. He requested staff to provide information on the land rights overruns, as well as the differential in the current estimate of ~6.5 million, as opposed to what was previously 55.6 million. 173: PROPOSED IMPROV~IMENTS TO JOHN WAYNE AIRPORT: Mayor Roth referred to a letter dated January 27, 1983, from Joseph Irvine, Executive Director of the Community Airport Council, who a~k~d him to bring forth the proposed resolution attached to the letter to the Council, soliciting their support for general improvements at the facility. He had distributed a copy of the letter to the Council Members. If there was no objection, he wanted the matter to be brought forth at the next Council Meeting for consideration. He felt it made good sense to upgrade the airport and to support some noise abatement programs. He noted that Anaheim was the destination of 17 percent of all people who landed at the John Wayne Airport. Councilman Pickler left the Council Chambers. (12:25 p.m.) 74 City Hall, Anaheim, California - COUNCIL MINUTES - Februar~ it 1983, 10:00 A.M. ENVIRObI~ENTAL PROTECTION AGENCY (EPA) SANCTIONS: Mayor Roth again emphasized his concern over the subject sanctions where yesterday it was decided that sanctions would be imposed on California, resulting in the loss of Federal funds until the air quality question was resolved. He then reported on all the letters he had written and that were in progress to the President and legislators to protest such actions. Cindy Cave, Intergovernmental Relations Officer, explained that the sanctions did not include Gas Tax and Federal Highway funding. RECESS: Councilwoman Kaywood moved to recess. Councilman Bay seconded the motion. Councilman Pickier was absent. MOTION CARRIED. (12:36 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman Overholt. (1:46 p.m.) 103: CONTINUED PUBLIC HEARING - CERRITOS--FREEWAY ANNEXATION: Planning Department, to consider the annexation of two unincorporated County islands having a combined area of approximately 47.46 acres located in the vicinity of Cerritos Avenue and the Route 57 Freeway. This matter was continued from the meeting of January 18, 1983--see minutes that date. (Also see minutes of October 26, 1982, when the City requested the commencement of proceedings for the annexation of the subject property, Resolution No. 82R-520.) Mr. Joel Fick, Assistant Planning Director--Planning, briefed the Council on report from the Planning Department, which contained information relative to events that had occurred since the January 18, 1983 hearing (on file in the City Clerk's office), attached to which was a listing of assessed values of the properties involved in the proposed annexation supplied by the Orange County Tax Assessor's office, dated January 27, 1983. He suggested that the hearing be opened to determine if there was any other written protest to be filed. Councilman Overholt entered the Council Chambers. (1:52 p.m.) Mayor Roth asked to hear from those present who wished to be heard in protest to the proposed annexation. Mr. Jay Sills, 11260 Pla~t, Riverside, stated he was appearing on behalf of Foundry Investments, the owner of Parcel No. 2 involved in the proposed annexation. They were requesting that the City Council delete that parcel from the annexation~ since they believed that their inclusion was merely an arbitrary decision. As evidenced from the map (posted on the Chambers wall), their property was non-contiguous to the other parcels to be annexed. Foundry Investments did not want to be part of the City of Anaheim and they felt it was not disadvantageous to the City to delete their property, which was approximately 8.8 acres used as a horse ranch, where 100 horses were stabled. He then elaborated further on the reasons why Foundry Investments did not wish to be annexed and in concluding, stated that Mr. Donald Day, owner of a piece 75 City Hall, Anaheim, California - COUNCIL MINUTES - February 1, 1983, i0:00 A.M. of property located in Parcel 1, was going to present testimony concerning an overview as to why his property was included. Mr. Sills requested that Mr. Day be allowed to read his testimony, which would provide some relevant information as to why the Foundry Investment property was included as well. He emphasized that they believed neither the City, the County nor Foundry Investments would benefit by the annexation, and that ulterior motives may have been the cause for their inclusion. Mr. Day could present evidence of that. Mr. Fick clarified for the Mayor that there was a provision in the Zoning Code permitting properties upon annexation to continue the use presently employed in the County, provided the same use was continued in the City. The Mayor stated then there would be no adverse effect relative to the present operation of the horse ranch upon completion of the annexation; Mr. Fick answered that was correct. Mr. Donald Day, 30118 Lakeview Avenue, Nuevo, then gave extensive and detailed testimony, which was a chronological overview relative to his attempts to initiate a change on his parcel in the proposed annexation at the County level. He prefaced his remarks by stating that he felt responsible for the inclusion of Foundry Investments into the annexation, because he initiated his own change and started the whole issue. Therefore, he hoped the Council would consider relieving or deleting them from the annexation, if possible. The following were Mr. Day's major points of contention and his reasons for requesting the Council not to act on the annexation today: It was his opinion that the real purpose of the annexation was to save the billboard that Regency Outdoor Advertising built at the east side of the Cerritos and 57 Freeway, because they built it in the County A-1 area, instead of the area that was annexed in the Ball No. 3 Annexation. In order to save that board, and for the sake of someone else who was not a property owner in the area, he was being denied his property rights. Also, Regency had a billboard lease across the street from his property on the railroad tracks on the west side of the billboard that they had on the east side of the freeway. He believed his County zone change was stalled to help Regency; otherwise, there was no logical reason for his zone change to have been stalled. He applied for a zone change with the County in May 1982 and his hearing was July 26, 1982. He elaborated upon subsequent delays which he encountered. State law required that property had to be M-1 County in order to get a Billboard Permit. Once changed to M-1 and the permit granted, and as long as the property remained M-i, regardless of whether or not a use permit was obtained, the Billboard Permit could be forever as long as there was compliance to State zoning laws. He reiterated, he felt he was continued and stalled, because Regency had an application in three weeks behind him for a zone change and use permit on the property directly across from him. If he had received his zone change and was able to apply for the State permit, Regency would not have been able to get a billboard across from him regardless of whether he was allowed to build one. 76 City Hall, Anaheim, California - COUNCIL MINUTES - February 1~ 1983~ 10:00 A.M. His property and home were to be sold at auction on November 19, 1982, because he was unable to get a zone change and thus the needed loan. The County granted his M-1 zone change on November 17, 1982. He maintained that regardless of the reason for the annexation, if he was annexed to the City at this time, the only people who would gain from the annexation would be the Regency people, since if their billboard was not annexed, it would have to come down. He was not trying to get Regency's board down, but he was using what had been granted them as a reason to question his denial of the same rights Regency was granted. He needed a delay of the annexation so that he could pursue his billboard and a building on his property. If he could not develop his property, he would lose everything he owned. If annexed before he could develop under the County Code, as opposed to the more restrictive City Codes, he could not develop the property. He then relayed the problems he would have developing under the Anaheim Code should the property be annexed. Annexation at this time would not only render the parcel valueless, it would also cause him the loss of any projected future income from the property. He emphasized that for the Council to grant him at least whatever time could be granted in delaying the annexation would only be fair. After Mr. Day's testimony, Mayor Roth stated it was his understanding, in summation, that Mr. Day's complaint revolved around so-called intentional delays by the County, thus permitting the City to annex the property. If annexed, the City's building requirements were such to render the property valueless and, further, that he (Day) did not have any objection to the annexation, but not at this time. He was requesting a delay in the annexation so that he would have an opportunity to develop under County standards. Mr. Fick then explained at the request of Councilwoman Kaywood that if there was a reason because of size, shape or topography of that particular parcel that would deny Mr-. Day the right enjoyed by other property owners in the immediate area, the remedy would be in the application for a variance to the City Council. Mr. Tim Paone, Attorney representing Regency Outdoor Advertising, 1470 Jamboree Road~ Newport Beach, first stated that he was not going to take the time to address Mr. Day's charges in his testimony. He had spoken with him before the hearing and perceived him to be sincere and very frustrated. On behalf of his clients, however, statements made by Mr. Day to the Council today were riddled with supposition, speculation and a lot of facts that had been misplaced, both in time and according to speaker and everything else. He hoped the Council would address the matter on its merits and not view Mr. Day's charges as fact and not be judge and jury today, since it was not the proper forum. Regency had some benefit that would be derived from the annexation, but they were not a property owner and perhaps did not belong at the protest hearing. 77 City Hall, Anaheim, California - COUNCIL MINUTES - February 1~ 1983, 10:00 A.M. In answer to Councilwoman Kaywood, he then explained there was a "quirk" in State law. The property involved was an island and LAFCO had attempted to bring it into the City previously. Regency's placing the boards on the east side of the freeway created, a difference of opinion of interpretation of State law, which would be resolved by the annexation. He also clarified that Regency did have an interest in the property on the west side of the freeway that was within the annexation district. For that reason, they could participate in the hearing, but they were not protesting. Councilman Overholt asked Mr. Paone Regency's reaction if a delay of one month were granted, as requested by Mr. Day; Mr. Paone stated they had to work their situation out with the State and to do that, a delay was going to create additional problems. It involved the boards on the east side of the freeway and had nothing to do with the west side or Mr. Day's property. Mr. Day had a State permit at present and unless matters changed, that precluded Regency from getting the State permit. He would have to come to the City Council to get a City permit and if the City Council gave them both permits, only the party with the State permit could erect a billboard. Mayor Roth then gave Mr. Day an opportunity to make a summation, during which he (Day) also countered some of the comments made by Mr. Paone. The Mayor closed the public hearing. Councilman Pickler then stated when he asked for annexation of the "island" one of the remnants that the County, State and LAFCO wanted the City to absorb as previously explained by the Mayor, he felt that the City should have jurisdiction over that property. The fact that it might become a "billboard jungle" as termed by Mr. Day did bother him and that was one of the reasons for his wanting annexation. He was looking at other such islands as well. He felt that Mr. Day was able to come to the City and ask for a permit. Miss Santalahti explained that at present, the applicable Code section prohibited freeway oriented billboards. If the Council wished to allow billboards along the freeway, the Code would have to be amended. Councilman Pickler continued that he felt the property was in the Sphere of Influence of the City of Anaheim and they should have control over what was built on the property. It belonged in the City and that was his main reason for asking for annexation and they should follow through with that procedure. Councilman Overholt then posed questions to Mr. Day for purposes of clarification, as well as to staff. At the conclusion of discussion and questioning, Councilman Bay stated what they needed to know from staff and a key to the whole matter--was Mr. Day's property required to be automatically changed from M-1 to something other than ML at the point of annexation. During the discussion, Mr. Day had stated that if he did not come into the City as ML automatically and if there was any change from M-1 to agricultural, he would lose his State permit. 78 City Hall, Anaheim, California - COUNCIL MINUTES - February 1, 1983~ 10:00 A.M. After further discussion with staff, Councilman Bay stated that the basic question had not been answered, that being, at the point of annexation what would be the official zoning on the property. Miss Santalahti answered currently, if Mr. Day did nothing, he would get RS-A-43,000 zoning. However, if he came in with his fee and offer of dedication of the required right-of-way, they could have all the paper work ready to go and at the time of annexation, he could have ML zoning that was simply waiting for annexation. Councilman Bay felt that was the answer. Councilman Overholt, addressing the City Attorney, stated he wanted to be sure that based upon the examination of the legal records, that at the time of annexation, Mr. Day would not be prejudiced by the annexation in his "race" with Regency to get a billboard° City Attorney Hopkins stated he had not examined the legal documents referred to, but he believed what Mr. Fick and Miss Santalahti had stated was correct. He could not represent what the State would do since, if they wished to have anything binding, it required a letter from the State. Councilman Bay stated that the Council still had to approve the signboard eventually and there was no guarantee of that any more than the County Board of Supervisors would do so. He did not want Mr. Day to assume that the Council was guaranteeing him or anybody else a signboard because that would have to be taken up at the time of the request. However, it did sound as though there was an answer to Mr. Day's not losing his State permit, which would require some action of him. Councilman Pickler offered Resolution No. 83R-38 for adoption, approving the Cerritos-Freeway Annexation. Refer to Resolution Book. RESOLUTION NO. 83R-38: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MAKING A FINDING REGARDING THE VALUE OF WRITTEN PROTESTS FILED AND NOT WITHDRAWN IN ANNEXATION PROCEEDINGS FOR CERRITOS-FREEWAY ANNEXATION AND ORDERING THE TERRITORY ANNEXED PURSUANT TO SECTION 35229 OF THE GOVERi~ENT CODE OF THE STATE OF CALIFORNIA. Before a vote was taken, Councilman Overholt stated he had some serious concern about fairness to Mre Day, and he felt as a result of the deliberation today, he was convinced that the annexation would not treat him unfairly and that he was not at a competitive disadvantagee Based on that, he would support the resolution. City Attorney Hopkins noted that on Page 2, there was a blank in the resolution, and the percentage to be inserted was 2.8 percent. A roll call vote was then taken on the foregoing resolution and carried by the following vote: 79 City Hall, Anaheim, California - COUNCIL MINUTES - February 1, 1983, 10:00 A.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL M~{BERS: COUNCIL M~BERS: COUNCIL M~BERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution-No. 83R-38 duly passed and adopted. 105: RESIGNATION FROM THE YOUTH COb~ISSION: City Clerk Linda Roberts announced that a letter of resignation dated January 31, 1983, had been received from Jerry Cohen Woodring resigning from the Anaheim Youth Commission for the term expiring December 31, 1983. MOTION: Councilman Bay moved to accept the resignation of Jerry Cohen Woodring from the Anaheim Youth Commission with regret, and that a letter of thanks be sent to him for his services. Councilman Roth seconded the motion. MOTION CARRIED. The Mayor requested that the vacancy be advertised accordingly. RECESS - CLOSED SESSION: The City Manager requested a Closed Session to discuss potential litigation and personnel matters with no action anticipated; the City Attorney requested a Closed Session to discuss potential litigation with no action anticipated. Councilman Roth moved to recess into Closed Session in the Seventh Floor Conference Room. Councilman Overholt seconded the motion. MOTION CARRIED. (3:35 p.m.) AFTER RECESS: The Mayor called the meeting to order in the Council Chambers, all Council Members being present with the exception of Councilman Pickler. (7:57 p.m.) ADJOURAI~ENT: Councilwoman Kaywood moved to adjourn. seconded the motion. Councilman Pickler was absent. p.m.) Councilman Overholt MOTION CARRIED. (7:57 LINDA D. ROBERTS, CITY CLERK 8O