1983/02/15City Hall, Anaheim, California - COUNCIL MINUTES - February 15, 1983, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: WILLIAM P. Hopkins
CITY CLERK: Linda D. Roberts
FINANCE DIRECTOR: George P. Ferrone
CITY ENGINEER: William Devitt
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: RESOLUTION OF COMMENDATION: A Resolution of Commendation was
unanimously adopted by the Council and presented to Mr. Stewart Moss for his
many years of service as a member of the Community Redevelopment Commission.
It was necessary for Mr. Moss to resign his position at this time due to a job
move,
119: GAVEL PRESENTATION: Mayor Pro Tem Bay took over Chairmanship of the
meeting and introduced a guest, Mr. Herb Leo.
Mr. Herb Leo, Chairman of the Community Redevelopment Commission, stated he
noted in occupying the same seat as Mayor Roth at Commission meetings, that
the gavel still used for Council meetings was that belonging to former Mayor
John Seymour. He, therefore, felt it was appropriate at this time to present
Mayor Roth with a new gavel with his (Roth's) name on it. Mr. Leo thereupon
presented the new gavel to Mayor Roth.
Mayor Pro Tem Bay relinquished Chairmanship of the meeting after the special
presentation.
MINUTES: Approval of the minutes was deferred to the next regular meeting
WAIVER OF READINC - ORDINANCE§ 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 DEMANDS AGAINST THE CITY in the amount of ~3,350,384.20, in
accordance with the 1982-83 Budget, were approved.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 15, 1983, 10:00 A.M.
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-48 through 83R-51, both inclusive, for adoption.
Refer to Resolution Book.
1. 118: The following claims were filed against the City and action taken as
recommended:
A. Claims denied and referred to Risk Management:
1. Claim submitted by Niculae Paun for personal injuries purportedly
sustained due to an accident caused by malfunctioning traffic signals at
the intersection of Brookhurst Street and Ball Road, on or about
November 30, 1982.
2. Claim submitted by Leonard Ramirez for personal property damages
purportedly sustained due to an accident involving a City employee on
'LaVerne near the intersection with Harbor Boulevard, on or about October
30, 1982.
3. Claim submitted by Recovery Services International, China Bowl,
Insured, for personal property damages purportedly sustained due to a City
employee's vehicle striking insured's business sign at 2610 West La Palma
Avenue, on or about August 4, 1982.
4. Claim submitted by William J. Barry for property damages purportedly
sustained due to golf balls from driving range at Dad Miller Golf Course
breaking windows at 2341 Crescent, No. 26 and No. 28, on or about
December 23, 1982.
5. Claim submitted by Victor J. Weltman for personal property damages
purportedly sustained due to a fire in an electric line, causing an
electrical surge at 1024 Cambridge Street, on or about December 7, 1982.
6. Claim submitted by Carla Kay Parga for personal property damages
purportedly sustained due to power outage at 1744 West Westmont Drive, on
or about November 30, 1982.
7. Claim submitted by Carl D. Re for personal property damages
purportedly sustained due to a power surge at 326 South Ramm Drive, on or
about December 11, 1982.
8. Claim submitted by Betty L. Ladwig for personal property damages
purportedly sustained due to power surges to claimant's house at 1232 East
Clifpark Way, on or about December 14, 1982.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 15, 1983, 10:00 A.M.
9. Claim submitted by Daniel John Naples, III for personal property
damages to tire purportedly sustained due to poorly maintained lane
markers on Ball Road in front of the AM/PM Mini Market, on or about
December 20, 1982.
B. Application for Leave to Present a Late Claim denied:
10. Application for Leave to Present a Late Claim submitted by Lauren
Gates for personal injuries purportedly sustained due to a slip-and-fall
accident at Anaheim Stadium, on or about September 10, 1982.
C. Claim denied and referred to Governmental Programs Division/Market
Services, Inc.:
11. Claim submitted by Patricia Lee for personal injuries purportedly
sustained due to arrest by Anaheim Police Officers at 908 South State
College Boulevard, on or about October 26, 1982.
D. Claim denied and referred to Bayly, Martin and Fay/San Antonio:
12. Claim submitted by Overland Stage and Territorial Saloon for
Indemnification, Orange County Superior Court Case No. 38-40-18 (plaintiff
Cynthia Lawson).
E. Claim allowed payment:
13. Claim submitted by Elizabeth Livingston for personal property damages
to water meter purportedly sustained due to actions of the Anaheim Fire
Department in the parkway at 1331 Merona Place, on or about December 31,
1982.
The following correspondence was ordered received and filed:
a. 107: Planning Department, Building Division--Monthly Report for
January 1983.
b. 175: Public Utilities Board--Minutes of November 18, 1982 and
January 20, 1983 (unapproved).
c. 105: Community Redevelopment Commission--Minutes of November 17, 1982.
d. 105: Joint meeting of Community Redevelopment Commission and the
Project Area Committee--Minutes of November 17, 1982.
e. 175: Notice of the Secretary of the Business, Transportation and
Housing Agency proposing the adoption, amendment and repeal of regulations
under the authority of the Public Utilities Code.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 15, 1983, 10:00 A.M.
3. 123: Authorizing an agreement with Tri-Counties Officials, for provision
of athletic officials for adult sports leagues conducted by the Recreation
Division, in an amount not to exceed $57,600, commencing March 1, 1983 and
terminating February 28, 1984.
4. 160: Authorizing the Purchasing Agent to issue a purchase order for radio
equipment and accessory to Motorola, Inc., in the amount of ~10,193.49 in
accordance with their quote dated February 3, 1983 and County of Orange
Contract No. 604000.
5. 160/124: Accepting the bid of Cybernetic Data Products in the amount of
$167,390 for Convention Center Theme Tower and display boards, in accordance
with Bid No. 3904.
6. 160: Accepting the low bid of Pacific Union Metal Company in the amount
of ~22,291.80 for one each 54-foot tubular steel pole, Item No. 1, and one
each 67-foot tubular steel pole, Item No. 2, in accordance with Bid No. 3932.
7. 160: Accepting the low bid of General Electric Co., in the amount of
~23,171.60 for two each 500KVA three-phase padmount transformers, in
accordance with Bid No. 3946.
8. 107: RESOLUTION NO. 83R-48: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM REJECTING ALL BIDS RECEIVED UP TO THE HOUR OF 2:00 P.M. ON THE 27TH
DAY OF JANUARY, 1983, FOR A PUBLIC IMPROVEMENT; TO WIT: BUILDING DEMOLITION,
518 SOUTH ANAHEIM BOULEVARD, IN THE CITY OF ANAHEIM, ACCOUNT NOS.
55-650-6325-86060-R9000 AND 53-619-6329-90240-31500.
9. 153: RESOLUTION NO. 83R-49: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING RESOLUTION NO. 82R-506 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES DESIGNATED AS SUPPORT AND SUPERVISORY MANAGEMENT.
(adding Facility Maintenance Planner)
10. 168/170: RESOLUTION NO. 83R-50: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A STREET NAME CHANGE FROM SADDLEBACK LANE TO
HIGHLAND LANE. (Tract Nos. 9215 and 10940)
11. 158: RESOLUTION NO. 83R-51: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (La Mancha
Development Properties, Inc.; West Anaheim Community Hospital; Donald J. Hoyt,
et ux.; Andrew Carosia, Jr., et ux.; Harry F. Smith, et ux.; Max L. Barlow, et
ux.: Fred Dobrtan, ~t ux.)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL ~.~MBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
MOTION CARRIED. The Mayor declared Resolution Nos. 83R-48 through 83R-51,
both inclusive, duly passed and adopted.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 15, 1983, 10:00 A.M.
128: MONTHLY FINANCIAL ANALYSIS FOR THE SIX-MONTH PERIOD ENDING DECEMBER 31,
1982: Councilman Bay posed questions regarding the subject analysis,
specifically on variances, which were answered by the Finance Director, George
Ferrone.
MOTION: Councilman Bay moved to receive and file the Monthly Financial
Analysis for the six-month period ending December 31, 1982, presented in
report dated February 8, 1983, from the Director of Finance. Councilman
Overholt seconded the motion. MOTION CARRIED.
123: UPDATE OF THE EXISTING ELECTRIC UTILITY CASH FLOW MODEL - WAIVING
COUNCIL POLICY NO. 401: Councilwoman Kaywood moved to approve an agreement
with Price Waterhouse, in an amount not to exceed 311,400, to update the
existing Electric Utility Cash Flow Model and waiving Council Policy No. 401,
as recommended in memorandum dated February 7, 1983, from the Public Utilities
Board. Councilman Bay seconded the motion. MOTION CARRIED.
152: AUTHORIZING CERTAIN PERSONS TO ACT FOR THE CITY OF ANAHEIM IN CONNECTION
WITH SMALL CLAIMS: Councilwoman Kaywood offered Resolution No. 83R-52 for
adoption, authorizing certain persons to act for the City in connection with
small claims actions, and superseding Resolution No. 82R-296, as recommended
in memorandum dated February 1, 1983, from the City Attorney. Refer to
Resolution Book.
RESOLUTION NO. 83R-52: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING CERTAIN PERSONS TO ACT FOR THE CITY OF ANAHEIM IN
CONNECTION WITH SMALL CLAIM ACTIONS, AND SUPERSEDING RESOLUTION NO. 82R-296.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 83R-52 duly passed and adopted.
105: APPOINTmeNT TO THE YOUTH COMMISSION: Appointment to the Youth
Commission to fill a vacancy expiring December 31, 1983.
Councilman Roth nominated Denise Marie Straits; Councilwoman Kaywood nominated
Jocelyn Erwin, who was a ninth grade student at Loara High School with
outstanding recommendations.
MOTION: Councilman Bay moved to close nominations. Councilman Pickler
seconded the motion.
Before a vote was taken, Councilman Overholt stated he first wanted to talk
about other nominations. Councilman Bay thereupon withdrew his motion and
Councilman Pickler his second.
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City Hall~ Anaheim, California - COUNCIL MINUTES - February 15, 1983, 10:00 A.M.
Councilman Overholt stated he was very impressed with the background of Judith
Kuramoto, a student at Magnolia High School; Councilwoman Kaywood concurred
but noted that she was a senior.
Councilman Roth again nominated Denise Straits; Councilwoman Kaywood, Jocelyn
Erwin; and Councilman Overholt, Judith Kuramoto.
MOTION: Councilman Roth moved to close nominations. Councilman Pickler
seconded the motion. MOTION CARRIED.
The Mayor then asked for a roll call vote in the order of nominations.
Before a vote was taken, Councilman Pickler asked the representation of the
members of the Youth Commission with regard to the schools they attended; City
Clerk Linda Roberts stated there was no breakdown relative to schools.
Mayor Roth then stated that representation from different schools had merit,
and he suggested that they hold any action for one week and request a list of
the members, their schools, and also the schools of those nominated.
MOTION: Councilman Pickler moved to continue consideration of an appointee to
the Youth Commission to fill a vacancy expiring December 31, 1983, for one
week with a report to be submitted by the City Clerk listing the members and
their schools, as well as the nominees and their schools. Councilman Overholt
seconded the motion. MOTION CARRIED.
108: APPLICATION FOR A PUBLIC DANCE: Councilman Pickier moved to approve an
Application for a Public Dance submitted by Anaheim Dance Productions for a
public dance to be held February 19, 1983, from 6:00 p.m. to 1:00 a.m. at the
Anaheim Convention Center, Felipe Guerena, applicant, in accordance with the
recommendation of the Chief of Police. Councilman Bay seconded the motion.
MOTION CARRIED.
119: PREPARATION OF A RESOLUTION OF COMMENDATION: Councilwoman Kaywood moved
to approve the preparation of a Resolution of Commendation to be presented to
Mr. Herb Leo on February 16, 1983, at the Chamber of Commerce luncheon.
Councilman Bay seconded the motion. MOTION CARRIED.
105: DECLARATION OF ASSETS - ROBERT J. ANTHONY: City Clerk Linda Roberts
reported that in accordance with the Health and Safety Code, the newly
appointed Commissioner to the Community Redevelopment Commission, Robert J.
Anthony, had filed his Declaration of Assets as to real and personal property
located within Redevelopment Project Alpha.
173: REQUEST FROM THE COMMUNITY AIRPORT COUNCIL: Councilman Overholt moved
to approve the request received from Joseph Irvine, Executive Director,
Community Airport Council, that Resolution No. 83R-44 adopted by the City
Council on February 8, 1983, be submitted to all Orange County Cities and the
Resolutions Committee of the Orange County Division of the League. Councilman
Pickler seconded the motion. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 15, 1983, 10:00 A.M.
CITY PLANNING COb~ISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held January 24, 1983, pertaining to the
following applications were submitted for City Council information.
1. CONDITIONAL USE PERMIT NO. 2407: Submitted by Exxon Co., U.S.A.,
(Murray's), to retain a travel and ticket sales agency on ML zoned property
located at 2100 South State College Boulevard.
The City Planning Commission, pursuant to Resolution No. PC83-15, denied
Conditional Use Permit No. 2407, and granted a negative declaration status.
2. RECLASSIFICATION NO. 82-83-19: Submitted by Anaheim Planning Commission,
for a change in zone from RS-A-43,000 to RS-A-43,000(~P) on property located
at 1616 South Euclid Street (Del Prado), Portion A, 1844 Haster Street,
(Satellite Mobilehome Park), Portion B, 1835 Manchester Avenue, (Plantation
Mobile Estates), Portion C, 1849 Manchester Avenue, (Del Ray Mobile Estates),
Portion D, 2300 South Lewis Street, (Ponderosa Mobile Estates), Portion E,
1400 South Sunkist Street, (Sunkist Gardens), Portion G, 1400 South Douglass
Road, (Orange Tree Mobile Park), Portion H, and from CR to RS-A-43,000(MHP) at
1009 South Harbor Boulevard (Orange Grove Mobile Village), Portion F.
The City Planning Commission, pursuant to Resolution No. PC83-18, granted in
part, Reclassification No. 82-83-19, deleting Portion F, and granted a
negative declaration status.
3. RECLASSIFICATION NO. 82-83-18: Submitted by Anaheim Planning Commission,
for a change in zone from RS-7200 to RM-2400 on property located at 201, 207,
211, 215, 219 and 225 E. North Street.
The City Planning Commission, pursuant to Resolution No. PC83-19, denied
Reclassification No. 82-83-18, and granted a negative declaration status.
4. CONDITIONAL USE PERMIT NO. 2409: Submitted by Roger C. and Ann R. Stull,
to permit a 180-foot high communications tower on ML zoned property located at
1776 West Penhall Way.
The City Planning Commission, pursuant to Resolution No. PC83-20, granted
Conditional Use Permit No. 2409, and granted a negative declaration status.
5. VARIANCE NO. 3318: Submitted by Chao-Shong Chen, et al, (Harbor Inn
Travelodge), to construct a lobby and office addition to an existing motel on
CH zoned property located at 2171 South Harbor Boulevard, with a Code waiver
of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC83-21, granted
Variance No. 3318, and granted a negative declaration status.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 15, 1983, 10:00 A.M.
6. VARIANCE NO. 3241 - EXTENSION OF TIME: Submitted by Co Robert Lansglet &
Son, Inc., requesting an extension of time to Variance No. 3241, to permit
construction of a commercial shopping center on CL zoned property located at
the southwest corner of Santa Ana Canyon Road and Fairmont Boulevard, with a
Code waiver of minimum landscaped setback.
The City Planning Commission approved an extension of time to Variance No.
3241, to expire November 2, 1983.
7. VARIANCE NO. 791 - TERMINATION: Submitted by Fred E~ Hartman, Jr.,
requesting termination of Variance No. 791, to permit the erection of a
free-standing sign on CL zoned property located at 1040 North Magnolia Avenue.
The City Planning Commission, pursuant to Resolution No. PC83-23, terminated
Variance No. 791.
Councilman Overholt stated that the applicant had a leasehold interest in a
fee title. He represented the owner of the underlying fee and was paid an
attorney's fee for his service. He asked the City Attorney if he should
abstain from any action.
City Attorney Hopkins answered this was merely a termination of a variance.
If he (Overholt) felt it involved any financial gain or loss, he would
recommend that he abstain. If he was merely representing someone and there
was no particular financial gain involved as a result of the action, there was
no problem.
Councilman Overholt stated he would not abstain. He then made the same
disclosure for Conditional Use Permit No. 2399 listed in Planning Commission
Resolution No. PC83-23. Termination of Variance No. 791 satisfied a condition
of the granting of that CUP.
8. CONDITIONAL USE PERMIT NO. 2293 - EXTENSION OF TIME: Submitted by Michael
W. Mayfield, (Budget Rent A Car), requesting an extension of time to
Conditional Use Permit No. 2293, to retain an automobile rental agency on
proposed CR zoned property located at 1400 South Harbor Boulevard.
The City Planning Commission approved an extension of time to Conditional Use
Permit No. 2293, to expire December 31, 1983.
9. CONDITIONAL USE PERMIT NO. 2186 - EXTENSION OF TIME: Submitted by Charles
and Carol Pancheri, requesting an extension of time to Conditional Use Permit
No. 2186, to permit an auto and truck wholesaling and reconditioning facility
on ML zoned property located at 3601 East Miraloma Avenue.
The City Planning Commission approved an extension of time to Conditional Use
Permit No. 2293, to expire March 23, 1985.
No action was taken by the City Council on the foregoing items; therefore, the
actions of the City Planning Commission became final.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 15, 1983, 10:00 A.M.
VARIANCE NO. 3319: Submitted by John and Anne Krajacic, to establish a 2-lot
subdivision on RS-lO,000 zoned property located at 1106 W. North Street, with
the following Code waivers: (a) minimum lot area, (b) minimum lot width, and
(c) required lot frontage.
The City Planning Commission, pursuant to Resolution No. PC83-22, denied
Variance No. 3319, 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.
182: PATRICK HENRY NEIGHBORHOOD DOOR-TO-DOOR INSPECTION PROGRAM: Submission
of a plan by staff for door-to-door apartment inspection program in the
Patrick Henry neighborhood area contained in staff report dated February 7,
1983, from the Planning Director, Ronald Thompson.
Councilwoman Kaywood commended staff on the excellent report. She stated,
however, that relative to Phase II, she felt it was unnecessary to go to the
remaining 772 apartments where there was no probable cause for any
violations. Further, there were two streets on the periphery of the subject
area, Mayfair and Dresden, which were also becoming blight areas and could be
included in the program.
Annika Santalahti, Assistant Planning Director--Zoning, stated they felt it
appropriate to include the entire apartment area, realizing the second phase
would go quicker than the first. Also, it would avoid any criticism that they
were trying to become discriminatory.
The City Attorney then explained for Councilwoman Kaywood that if there was
probable cause, anyone could make inquiry and if the occupant of the premises
voluntarily invited inspectors in, there would be no problem. If they
refused, he would recommend an inspection warrant which must be obtained from
a court. If it involved an area where there was no probable cause, it would
not be necessary to make the inspection and it would not be considered to be
discriminatory.
The Mayor asked if anyone wished to speak to the issue.
Mr. Alberto Diaz~ 1027 West Chevy Chase, Families United in Action, Familia
Unidas Annuncio~ stated he was representing tenants of the apartments the City
was planning to fix up. They started an organization through St. Boniface
Church, because they wanted to see the area improved~ so that it was a good
place for their families. They were not an organization of the City, but
wanted to have the City make the area a better one. The inside of the
apartments needed to be fixed up so that they would be safe for their
children. In his apartment, the floor sagged, the tiles were coming up, and
the stove did not work. All apartments had bad plumbing and ceilings. Their
organization believed the inspection program would be a big help and they
hoped it would be started quickly in order to get the interiors improved.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 15, 1983, 10:00 A.M.
They were inviting inspectors into their homes to do that and there were over
550 apartments. They knew it would be difficult for the inspectors to see all
of them and in order to help, he had forms with him indicating the
conditions. The tenants had put their name, address and the time when they
would be at home. The forms would give the inspectors a head start. Mr. Diaz
thereupon submitted the forms of 30 tenants printed in Spanish only.
Councilwoman Kaywood, after posing some questions to Mr. Diaz, then stated to
staff that while the forms submitted would be helpful, she hoped that
inspections would not be taken out of order, since as they discovered
previously, proceeding with the program in a systematic way door-to-door was
much more efficient and economical.
Councilman Overholt stated he believed the plan was well worked out, but it
was also a plan based on voluntary inspection° In his opinion, if they were
going to implement the plan with or without the consent of the owners, it was
not voluntary. He could support the plan if a reasonable procedure could be
worked out so that the owners were given to understand that they could refuse
to consent to the inspectors. He then asked the City Attorney if on the
complaint of a tenant it would be possible for the City to seek a warrant to
inspect the interior.
City Attorney Hopkins answered "yes." They would take an affidavit to the
court and if the judge approved the inspection warrant, the inspector could
enter to inspect the potential violation.
After further questions posed to staff by Councilman Overholt, he stated he
would be opposed to anything that was involuntary and outside of due process.
If they could build in notification to the owners informing them that they had
the right to consent or not to consent, he could support the program. He
wanted to be certain they were not violating some rights of interested
parties, and one of those parties was the owner. He would be satisfied if a
certified letter were sent to the owners with some provision to give some
assurance they received the notice, and the letter stated they had the right
to object to an inspection.
Councilman Bay stated a key question on whether or not the system would work
was, did a tenant have the right to invite someone into their apartment.
City Attorney Hopkins answered that there was no question if the tenant was
paying rent, they had the right to invite anyone in. Relative to his
discussion with Councilman Overholt, when an inspector was invited in, that
inspection might go beyond the tenant's right and in that case, an inspection
warrant might be advisable.
Mayor Roth suggested that the letter to the owners be structured asking for
their cooperation with regard to the voluntary program, but if they objected,
that the City be advised within five days of receipt of the letter.
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city Hall, Anaheim, California - COUNCIL MINUTES - February 15, 1983, 10:00 A.M.
Councilman Overholt stated that the proposed letter to the tenants was a good
one. However, a separate letter should be directed to the owners informing
them of the program, enlisting their cooperation, and indicating the notice
was also being sent to the tenants and if they objected to the program, the
City should be advised within ten days.
Councilwoman Kaywood stated she had a problem with that. Many of the renters
who paid very high rents and who did not speak English did not know the legal
process and were easily intimidated. If there was anything in the letter
indicating that the owner must consent, there was an implied threat. She was
concerned that the owner might send out a quick notice that his tenants were
not to allow anyone in or they would be evicted. It seemed they would be
enlisting the City's aid to help them do something like that.
Councilman Pickler did not feel they had to spell out to the owners what they
should do to protect their property. They knew what their rights were and he
did not know why they had to go the extra mile to let them know they had the
right to protest.
Councilwoman Kaywood noted that Sheri Pignone, Chairman of the Housing Task
Force, was in the Chambers audience.
Mrs. Sheri Pignone stated she had talked to several owners and they seemed
favorable to the program. There was a meeting last week with property owners
in the Victor-Julianna-Citron area where it was announced to them, and there
was no objection. She also spoke with an owner in the Hall area who said he
had nothing to lose. Perhaps some of the other owners who had been reluctant
to make improvements would now do so. Some were going to object and there
were some who were on probation now.
MOTION: Councilman Roth moved to accept the recommendations in staff report
of February 7, 1983, but with a separate letter also to be sent to owners,
soliciting their support of the voluntary program, to be signed by the entire
Council, with the letter to indicate that unless a notice of opposition was
received, in writing, by the City within ten days of receipt, inspection would
proceed on a voluntary basis. Councilwoman Kaywood seconded the motion.
Councilman Overholt asked that the letter to the owners be sent certified,
return receipt requested; Councilman Bay stated he had one problem with the
staff report, Page 1, third paragraph. He felt the second sentence starting
with "They will also be informed..." be changed to start with the word
"Tenant." There was no objection and the word was changed accordingly.
A vote was then taken on the foregoing motion. MOTION CARRIED.
Before concluding, Miss Santalahti asked for clarification that Mayfair and
Dresden Streets should now be included in the program; it was determined that
those streets would also be included.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 15, 1983, 10:00 A.M.
166: SPECIAL EVENTS PERMIT NOS. 83-17 AND 83-30: Ponderosa Family
Restaurants Incorporated, requesting a 28-day extension of time to their
permit to allow the display of temporary flags and banners at The Ponderosa
Family Restaurant, 400 South Euclid Street.
Mr. Steven Delbridge, 211 North Wheeler, Orange, Ponderosa Family Restaurant,
explained that his restaurant replaced Sir George's Smorgasbord and they
opened in late November, 1982. At their grand opening in early December,
there was a blackout, and they lost business because of the heavy rains. They
had also been robbed in the recent past. There was a great deal of traffic
traveling on Euclid, but they could not get their attention. They had four
signs made up trying to attract patrons, as well as sending letters to other
businesses and advertising in the Pennysaver and certain papers. Nothing
seemed to work and they were having a difficult time. He was, therefore,
requesting that they be allowed to display the four signs an additional 28
days. If the request was not granted, they might have to dlose. He was
soliciting their help.
Mayor Roth asked for clarification if he was speaking of signs or banners; Mr.
Delbridge stated that they were banners four feet by six feet, displayed on
the roof.
MOTION: Councilwoman Kaywood moved to grant the requested extension of time
to Special Events Permit Nos. 83-17 and 83-30, to expire March 15, 1983.
Councilman Pickler seconded the motion. MOTION CARRIED.
123/155/142: ORDINANCE NO. 4393: Councilman Roth offered Ordinance No. 4393
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4393: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
(i) APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF ANAHEIM AND
ANAHEIM STADIUM ASSOCIATES, (ii) FINDING THAT THE PROVISIONS OF SAID
DEVELOPMENT AGREEMENT ARE CONSISTENT WITH THE GENERAL PLAN OF THE CITY OF
ANAHEIM, AND (iii) AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID
AGREEMENT FOR AND ON BEHALF OF THE CITY.
Roll Call Vote:
AYEg:
NOES:
ABSENT:
COUNCIL MEMBER§:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Maywood, Pickler, 0verholt, Bay and Roth
None
None
The Mayor declared Ordinance No. 4393 duly passed and adopted.
123/142: ORDINANCE NO. 4394: Councilwoman Kaywood offered Ordinance No. 4394
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4394: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
(A) APPROVING AN AMENDMENT NO. 4 TO THE FACILITY LEASE DATED AUGUST 31, 1978
BETWEEN THE CITY OF ANAHEIM AND CITY OF ANAHEIM (CALIFORNIA) STADIUM, INC. (A
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City Hall, Anaheim, California - COUNCIL MINUTES - February 15, 1983, 10:00 A.M.
PUBLIC LEASEBACK CORPORATION), (B) APPROVING AN AMEND~NT NO. 3 TO THE SITE
LEASE DATED AUGUST 31, 1978 BETWEEN THE CITY OF ANAHEIM AND CITY OF ANAHEIM
(CALIFORNIA) STADIUM, INC. (A PUBLIC LEASEBACK CORPORATION), AND (C)
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AMENDMENTS.
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. 4394 duly passed and adopted.
RECESS: Councilwoman Kaywood moved to recess for a lunch break. Councilman
Bay seconded the motion. MOTION CARRIED. (11:55 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:32 p.m.)
176: PUBLIC HEARING - ABANDONMENT NO. 82-1A: In accordance with application
filed by the City of Anaheim, public hearing was held on proposed abandonment
of a former Southern California Edison Company electrical easement acquired by
the City, located on the west side of Beach Boulevard, north of Stonybrook
Drive, pursuant to Resolution No. 83R-20, duly published in the Anaheim
Bulletin and notices thereof posted in accordance with law.
Report of the City Engineer dated December 23, 1982, and a recommendation by
the Planning Commission were submitted recommending approval of said
abandonment.
Mayor Roth asked if anyone wished to address the Council; there being no
response, he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Pickler, seconded by Councilwoman Kaywood, the City Council ratified the
determination of the Planning Director that the proposed activity falls within
the definition of Section 3.O1, Class 5, of the City of Anaheim guidelines to
the requirements for an Environmental Impact Report and is, therefore,
categorically exempt from the requirement to file an EIR. MOTION CARRIED.
Councilman Pickler offered Resolution No. 83R-53 for adoption, approving
Abandonment No. 82-1A. Refer to Resolution Book.
RESOLUTION NO. 83R-53: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A FOR~R SOUTHERN CALIFORNIA EDISON COMPANY ELECTRICAL
EASEMENT, LOCATED ON THE WEST SIDE OF BEACH BOULEVARD, NORTH OF STONYBROOK
DRIVE. (82-1A)
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City Hall, Anaheim, California - COUNCIL MINUTES - February 15, 1983, 10:00 A.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 83R-53 duly passed and adopted.
176: PUBLIC HEARING - ABANDONMENT NO. 82-6A: In accordance with application
filed by the City of Anaheim, public hearing was held on proposed abandonment
of a public utility easement for water facility purposes acquired by the City,
located on the west side of Solomon Drive, south of Santa Ana Canyon Road,
pursuant to Resolution No. 83R-20, duly published in the Anaheim Bulletin and
notices thereof posted in accordance with law.
Report of the City Engineer dated December 23, 1982, and a recommendation by
the Planning Commission were submitted recommending approval of said
abandonment.
Mayor Roth asked if anyone wished to address the Council; there being no
response, he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by
Councilwoman Kaywood, seconded by Councilman Pickler, the City Council
ratified the determination of the Planning Director that the proposed activity
falls within the definition of Section 3.01, Class 5, of the City of Anaheim
guidelines to the requirements for an Environmental Impact Report and is,
therefore, categorically exempt from the requirement to file an EIR. MOTION
CARRIED.
Councilwoman Kaywood offered Resolution No. 83R-54 for adoption, approving
Abandonment No. 82-6A. Refer to Resolution Book.
RESOLUTION NO. 83R-54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A PUBLIC UTILITY EASEMENT, LOCATED W/S/O SOLOMON DRIVE, S/O
SANTA ANA CANYON ROAD. (82-6A)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 83R-54 duly passed and adopted.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2403: 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.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 15, 1983, 10:00 A.M.
The City Planning Commission, pursuant to Resolution No. PC83-10, declared
that the subject project will have no significant individual or cumulative
adverse environmental impact due to the approval of this negative declaration,
since the Anaheim General Plan designates the subject property for general
commercial land uses commensurate with the proposal; that no sensitive
environmental impacts are involved in the proposal; and that the Initial Study
submitted by the petitioner indicates no significant individual or cumulative
adverse environmental impacts; and is, therefore, exempt from the requirement
to prepare an EIR, and further, denied Conditional Use Permit No. 2403.
The decision of the Planning Commission was appealed by United Outdoor
Advertising, agent, and a public hearing scheduled this date.
The Mayor asked to hear from the applicant or applicant's agent.
Mr. Dennis Catron, United Outdoor Advertising, 1717 Orangewood Avenue, Orange,
explained that they were requesting installation of a billboard at the subject
site, consisting of a maximum display area of 672 square feet and 42 feet
high. The Code required 300 square feet and a 27-foot high billboard. They
had removed two billboards from the site of 300 square feet each side, which
would be replaced by the proposed billboard. The boards that they removed
blocked their neighbors' commercial signs and buildings, but the new board
would not do so, since they were requesting a 42-foot height. The two boards
that were removed, which gave them a total of 1,200 square feet of advertising
space, could be put back up again if their request was denied.
The Mayor then asked to hear from those who wished to speak, either in favor
or in opposition to Conditional Use Permit No. 2403.
Mr. Sid Melnick, 7972 Lemonwood Circle, La Palma, stated that he owned the
property across the street at 3024 West Ball Road and on general principals,
he was against all billboards. The area was just beginning to come alive and
grow. There were many eyesores in the area and another giant billboard would
further detract from it. He preferred no billboard at all.
Mayor Roth explained that if the new board was denied, they would still have
the option to reinstall the two previous boards.
Mr. John Gantes, 2950 Airway Avenue, Suite Al0, Costa Mesa, stated that he
owned the property at 907 South Beach Boulevard, Dimitri's Restaurant,
although they were not against billboards per se, they felt this was not the
proper setting for such a large board. They had spent over ~200,000 to
improve their property, all to create a better atmosphere on Beach Boulevard.
The proposed billboard was too excessive in size. He then presented five
individually signed petitions by property owners in the immediate area,
objecting to the proposed billboard. He also submitted pictures of the area,
including his restaurant and other properties showing the signage presently
existing (petitions and photographs made a part of the record). He would not
object to the two smaller signs being reinstalled on the property.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 15, 1983, 10:00 A.M.
Before concluding, he clarified for Councilman Overholt that Dimitri's was a
family-owned business and had been at its present locations since 1958.
Mr. Jim Gantes, 139 Jasmine Creek Drive, Corona del Mar, stated he was opposed
to the billboard because it would detract from the area. Since they had been
at their location for 25 years, he felt they should consider those businesses
that were established in the City for a long time and who were contributing to
the community from year-to-year.
Mr. Shep McCook, United Outdoor Advertising, explained that the requested
billboard was going to be of a new design with a single column and a tri-face
with an apron around the sign. The new design was aesthetically very
"clean." Mr. McCook then answered a line of questioning posed by Councilwoman
Kaywood ~for clarification purposes, followed by questions from Councilman
Overholt.
Mayor Roth then gave Mr. Carton an opportunity for rebuttal and summation.
Mr. Catron then answered some of the concerns expressed and also pointed out
that before the billboards on the property were taken down, one of the boards
blocked the Motel 6 sign, as evidenced by photos previously submitted (posted
on the Chambers wall). Motel 6 was one of the businesses who signed a
petition. The location of the proposed billboard was such that it would not
harm any neighbors or the new buildings to be constructed. It was a situation
of either permitting the new design or going back to the old design, the
latter being obsolete.
There being no further persons who wished to speak, the Mayor closed the
public hearing.
Mayor Roth commented that the single-pole construction seemed to be a plus for
the visibility it would provide.
Councilwoman Kaywood stated that she had a concern relative to the existing
businesses and in particular, Dimitri's. She felt that the City owed
something to those businesses who had been in the area for a long time, and
who had invested a great deal in upgrading their properties. They should
consider their objections strongly. In reading the Planning Commission
mlnu~es (see m~nu~es, Planning Commission meeting, 3anuary 10, 19§~), their
concerns were also her concerns. They had tried very hard to clean up the
City. In a built up area such as Beach Boulevard at Ball Road, there were so
many signs it was difficult to see the traffic lights. When they had maximum
display areas and heights, it meant maximum and not minimum. She felt the
City's Codes were extremely liberal and she saw no reason for granting any
kind of waiver such as the one requested, which more than doubled what was
permitted.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Pickler, the City Council finds that subject
project will have no significant individual or cumulative adverse
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City Hall, Anaheim, California - COUNCIL MINUTES - February 15, 1983, 10:00 A.M.
environmental impact due to the approval of this negative declaration since
the Anaheim General Plan designates the subject property for general
commercial land uses commensurate with the proposal; that no sensitive
environmental impacts are involved in the proposal; that the Initial Study
submitted by the petitioner indicates no significant individual or cumulative
adverse environmental impacts; and is, therefore, exempt from the requirement
to prepare an EIR. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 83R-55 for adoption, denying
Conditional Use Permit No. 2403, upholding the action of the Planning
Commission. Refer to Resolution Book.
RESOLUTION NO. 83R-55: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2403.
Before a vote was taken, Councilman Overholt stated he would indicate his
support for the resolution. The problem was that the request would alter the
neighborhood. There were many signs in the area, but they were smaller. It
was not a matter of being for or against, but a matter of the requested
billboard being in the wrong place.
Mayor Roth stated he had strong mixed emotions on the issue. He suggested
that in the future, more work be done by the applicant with the neighbors to
explain their new design, what they were doing, etc.
A vote was then taken on the foregoing resolution of denial.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Bay
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Roth
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 83R-55 duly passed and adopted.
Before concluding, Councilman Pickler stated that the aesthetics of the sign
was important and smaller signs using a singular pole enhanced an area. He
suggested that they perhaps look at the Code to see if it could be upgraded to
bring about a more aesthetically pleasing sign.
Mayor Roth stated if they changed the Code and asked everybody to go to the
singular column, etc., it was a matter of fairness to other sign companies who
had not gone that far. They could have staff investigate the situation,
giving them adequate amount of time to contact various sign manufacturers or
people who installed those signs, such as Gannet, Outdoor and Regency and
subsequently, submit a report to the Council. He did not want to rush staff
on the issue, since he realized the technical data involved was extensive.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 15, 1983, 10:00 A.M.
114: MITO DELEGATION VISIT: Councilman Pickler reported on the February 9
and 10, 1983 visit of the delegation from Mito, Japan, Anaheim's sister city.
When he greeted the delegation on February 9, he was presented with some
gifts, specifically books from the City of Mito. He presented a book to each
Council Member.
123: JOHN ROBINSON SIGNED AS HEAD COACH FOR THE LOS ANGELES RAMS: Councilman
Overholt complimented Mrs. Georgia Frontiere on selecting John Robinson as
Head Coach of the Rams, which he felt would have a lasting positive impact.
Mayor Roth then briefed the Council on the fact that he and City Manager
Talley were informed early the previous morning by the Rams of their selection
of John Robinson. He further commented how pleased they were of that
selection.
178: ORANGE COUNTY WATER DISTRICT - STATUS REPORT: Mayor Roth referred to
status report dated February 1, 1983, received from Mr. Gus Lenain, the City's
representative on the Board of Directors of the Orange County Water District.
He asked that a letter of thanks be sent to Mr. Lenain in that the nine-page
report, with attachments, was one of the best received from a representative
of the City.
144: NAME CHANGE - ANAHEIM-SANTA ANA-GARDEN GROVE METROPOLITAN STATISTICAL
AREA: Mayor Roth referred to the recent memo noting the County's move in
changing the name of the Anaheim-Santa Ana-Garden Grove Metropolitan
Statistical Area to the Orange County Metropolitan Area. He asked the Council
to give some thought to the matter, since it was his first inclination that it
was another move by the County to usurp the identity of the cities. If this
was the case, after considering the matter, they should take a position at
next Tuesday's meeting. He clarified for the City Manager that staff should
provide additional information to the Council and that the matter be placed on
the agenda for discussion, at which time they could take no action, oppose or
support the change.
166/124: INFORMATION SIGN BOARDS - CONVENTION CENTER AREA: Mayor Roth
referred to the fact that it had been brought to his attention that the City
may be interested in selling some sites for billboards around the Convention
Center area. As he recalled, discussions had been held to that effect some
time ago relative to information boards in the area. He was interested in
receiving a status report as to where the sites were, size limitation, etc.
City Manager Talley then briefed the Council on the status of that project,
which was broached at an Executive Management meeting with the Council. They
had spent a good deal of time meeting with various members of industry and had
developed an RFP (Request for Proposal) where they asked 30 different agencies
around the country whether or not they would be interested in providing
quotes. When completed, it would be presented to the Council. Cindy King,
Administrative Assistant, was handling the project and the RFP's were going to
be opened at the end of the month.
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City Hall~ Anaheim, California - COUNCIL MINUTES - February 15~ 1983~ 10:00 A.M.
106: BUDGET DISCUSSION PLAN - STATUS OF CAPITAL IMPROVEMENT PROJECTS:
Councilman Bay noted that last week they decided that at this time they would
spend at least 30 minutes, if needed, on a review of the status of capital
improvement projects (he had gone through all of the material and if he could
summarize what it looked like to him, it could save time).
Councilman Bay then reviewed 'the information contained in report dated
February 11, 1983, from the City Engineer, subject: Project Status for the
1982-83 Fiscal Year Capital Improvement Projects (CIP), which listed each
project, its cost, the funds out of which the projects were to be paid and the
reasons for delays, the cause for several being lack of funding from AHFP or
FAU funding sources. He was surprised by some of the impacts with which they
were faced on what to him was a capital improvement project, but which
apparently was not going to happen. As an example, the District No. 8 Storm
Drain construction (Broadway, east of Brookhurst) was delayed because funding
was inadequate by ~150,000 to construct that portion from Brookhurst to
Empire. The Street Reconstruction Project~ ($200,000), North Street, West
Street to Loara with plans 70 percent complete, was delayed to coordinate with
a water project and rebudgeted for FY 1983-84. Those were matters to be
brought to the Council's attention, asking if they would consider a shift in
order to keep a project moving. At the conclusion of his presentation, during
which he posed questions to staff, Councilman Bay stated that he would like to
see the assurances of the same type of management action when it came to
infrastructure capital improvements, particularly in the area of storm drains.
City Manager Talley then addressed all of the issues, noting that on a monthly
basis, Council was apprised of all funds and thus, the information provided
should not have been a surprise.
City Engineer William Devitt addressed the questions on FAU and AHFP funds,
and also reported that the funding for North Street was moved over to the
Katella Avenue project.
By general consent, continuation of the subject discussion was continued one
week.
RECESS - CLOSED SESSION: The City Manager requested a Closed Session to
discuss a personnel matter with action anticipated; the City Attorney
requested a Closed Session to discuss litigation and potential litlsation with
action anticipated.
Councilwoman Kaywood moved to recess into Closed Session. Councilman Pickler
seconded the motion. MOTION CARRIED. (3:25 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (4:38 p.m.)
123/106: POSITION CLASSIFICATION, COMPENSATION AND PERFoRMANcE APPRAISAL
PROGRAM: Councilman Bay moved to approve an agreement with Sibson & Company,
Inc., to develop and implement a comprehensive Position Classification,
Compensation and Performance Appraisal Program for managerial employees at a
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City Hall, Anaheim, California - COUNCIL MINUTES - February 15, 1983, 10:00 A.M.
cost not to exceed $70,935, and approving the appropriation of ~70,935 from
the Council Contingency Fund to Program 146, Object Account No. 6340.
Councilman Pickier seconded the motion. MOTION CARRIED°
112: RICKY DAVIS VS. CITY OF ANAHEIM: Councilman Roth moved to authorize the
City Attorney and Ruston & Nance to settle Orange County Superior Court Case
No. 32-37-92, Ricky Davis vs. City of Anaheim, for a sum not to exceed
$6,500. Councilman Bay seconded the motion. MOTION CARRIED.
ADJOURNMENT: Councilman Pickier moved to adjourn. Councilman Bay seconded
the motion. MOTION CARRIED. (4:40 p.m.)
LINDA D. ROBERTS, CITY CLERK
123