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1983/05/24City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 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 ASSISTANT CITY CLERK: Leonora N. Sohl FINANCE DIRECTOR: George P. Ferrone PLANNING DIRECTOR: Ronald Thompson STADIUM/CONVENTION CENTER/GOLF GENERAL MANAGER: Thomas Liegler ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti TRAFFIC ENGINEER: Paul Singer PLANNING AIDE: Kendra Morries Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Mary Hibbard, Anaheim United Methodist Church, gave the Invocation. FLAG SALUTE: Councilman Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: INTRODUCTION: Mrs. Fran Mauck presented Mrs. Roger Mattson, Anaheim's 1983 Mother of the Year, to the Council. She explained that Mrs. Mattson was the mother of five children and the essay which won her the coveted title was one of approximately 5,000 received. It was written by her 19-year-old daughter who was present in the Chambers audience with her husband. .Mrs. Mauck then read the winning essay. Mayor Roth, on behalf of the Council and the City, congratulated Mrs. Mattson on having been selected Anaheim's Mother of the Year for 1983. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: Anaheim Senior Citizens' Day, May 28, 1983. National Public Works Week, May 22-28, 1983. Mr. Jim Brinton, President of the Anaheim Senior Citizens Group, accepted the §enlor Citlz~ns' Day proclamation, and William Devitt, City Engineer, accepted the National Public Works Week proclamation. 119: RESOLUTION OF SUPPORT: Preparation of a Resolution of Support was authorized by the Council on the opening of the new Fantasyland at Disneyland to be presented May 25, 1983. MINUTES: Approval of the minutes was deferred to the next regular meeting. 411 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1983, 10:00 A.M. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pickler 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. Councilwoman Kaywood seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,040,692.07, in accordance with the 1982-83 Budget, were approved. Mayor Roth announced that two agenda items (Nos. 10 and 12b) would be taken out of order and discussed at this time, as Councilman Pickler had to leave the Council meeting but wanted to be present for these: 170: TENTATIVE TRACT NO. 10983 - REVISED SPECIFIC PLANS: Kaufman and Broad, Inc., requesting approval of revised specific plans for Tentative Tract No. 10983, to establish a 164-1ot, 162-unit RM-3000(SC) zoned condominium subdivision on property located on the south side of Santa Ana Canyon Road, east of Weir Canyon Road. Mayor Roth asked if the applicant or applicant's agent was present. Mr. Robert Galloway, Senior Vice President, Kaufman and Broad, 10801 National Boulevard, Los Angeles, explained that in 1981 they were ready to proceed with areas 4 and 5 of their project consisting of duplexes and single-family detached homes. The market has changed since then, particularly Area 5, where the units are larger than demanded in today's market and, therefore, they wanted to scale them down and propose a new project. The zoning on the parcel was RM-2400 permitting apartment construction. They were not in the business of building and renting apartments and thus they moved up to the RM-3000 zoning calling for 3,000 square feet per dwelling, allowing people to own their own unit. They also wanted to go up to 3,500 square-foot lots, which would mean the land they were providing was approximately 50 percent more than the underlying RM-2400. In reviewing the ordinance in order to scale down the size of the units in accordance with their marketing data, they found the word "semi-attached." They felt they could give people more privacy by cutting down the amount o£ common wall. They tried to find a definition of semi-attached and discussed the issue with staff, but could find none. They felt if they could put forth a concept that might qualify as semi-attached and discuss that informally with staff and the Planning Commission, they could then develop a corresponding design. What they presented was a concept of semi-attached and if it was not considered to be semi-attached, they were asking how they could revise it to build something better than a duplex. They presented the concept to the Planning Commission where he (Galloway) felt perhaps there was some misunderstanding. They were not presenting a revised precise plan but a 412 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1983, 10:00 A.M. concept as illustrated in the drawings posted on the Chambers wall showing two-story buildings with garages partially attached that could be fully attached, single-story units with connected exterior walls but not a common wall, etc. In concluding, Mr. Galloway introduced and gave the background on Mr. Sanford Goodkin, Chairman of the Board of the Goodkin Research Corporation, 501 Pine Needles Drive, DelMar, who then explained the present housing market and how it had changed in the last three years. He also pointed out the amenities of the concept being proposed by Kaufman and Broad. Annika Santalahti, Assistant Director for Zoning, in answer to questions posed by the Mayor on the concept being proposed, briefed the findings given in the staff report to the Planning Commission dated May 2, 1983. In conjunction with the staff report, there was a slide presentation showing dwelling units similar to the proposal by Kaufman and Broad, as well as slides showing~ several existing projects in Anaheim Hills illustrating some of the positive points in condominium developments using the zone in the manner it was meant to be used. Planning Director Ronald Thompson clarified that the buildings and the lot lines as proposed could not meet the Building Code without variances. Miss Santalahti then submitted a handout containing three items: (1) A chart of the price ranges of new homes in Orange County (from the Los Angeles Times); (2) a map showing the location and approximate prices of several Kaufman and Broad projects in Southern California (from the Los Angeles Times); and (3) a two-page chart summarizing the specifics of the tracts to be Shown in the slide presentation (devised by the Planning Department). Kendra Morries, Assistant Planner, then gave a narrated slide presentation showing various projects in Riverside County, San Bernardino County, Yorba Linda and Anaheim Hills. Miss Santalahti explained that the point of the slide presentation was to show that the RM-3000 zone was intended for condominium development with common amenities and features allowing a higher density, but at the same time preserving certain living styles and features that they would otherwise get only in a ~ingle-family dwallin~ with at l~a~t a 5,000 ~quare-foot lot. Councilman Pickler stated he was concerned that a number of variances had to be granted, the proposal was infringing on the neighbor's property, and open space was eliminated completely. Councilwoman Kaywood stated when the 5,000 square-foot zone was proposed in Anaheim, the idea was to put a smaller house on a smaller lot for a lower price to accommodate working class families, but that did not happen. They put large homes on small lots at a higher price. In looking at the proposal for 3,500 square feet, she did not see any redeeming features. There was no open space or useable space and to infringe upon the neighbors would cause 413 City Hall, Anaheim, Califorr!a - COUNCIL MINUTES - May 24~ 1983~ 10:00 A.M. nothing but problems. To her, the duplexes which looked like one large house with common wails and open space was a much better product and a much more liveable one. Councilman Overholt felt there was some confusion as to the definition of semi-attached; Miss Sant~lahti stated there was no definition in the Zoning Code other than the usage of that term. When they researched further, the only definition they could f~nd was in another Zoning Code. That was why the project was before the Council for revised plans. Their interpretation had never been that attachment by architectural features was consistent with the RM-3000 standards. Councilman Overholt stated the issue as he saw it was that Planning staff was looking at the proposal as single-family detached residences and Kaufman and Broad was bringing them in hopefully under the attached RM-3000 zone, but staff took the position that architectural decorative connections did not mean anything. He presumed if they were to join the units with a common wall at some point, that would comply with RM-3000. Mr. Thompson explained even if they did have a definition for semi-attached, there would still be a problem with the development because, rather than building them as condominium, s, they were proposing to divide the 7,000-square-foot lot into ~o lots. They wanted to sell 3,500 square feet of real property with a unit o~ it, and the only way they could get there was with a substantial number of variances, both from the zoning and subdivision ordinances. They would actually have to resubdivide in a different manner, even to meet the Building C. ~le. Councilman Bay stated the issue was whether they were ready to reduce single-family from 5,000 to 3,500. He was not ready to do that, and particularly not in the hill and canyon area. Most RM-3000 had private streets, amenities, recreation areas and many other connotations tied to that zone. His concern was development standards and precedents set in the City. He maintained that it was critical that they tell Kaufman and Broad "no" to the concept. They had been headed toward a duplex on a 7,000 square-foot lot, zero lot line that was feasible and produceable in the area. What was being proposed was a "prostitu ion" of the RS-50OO and if they allowed it to happen, RM-3000 would take on a i~w concept as well as single-family. He then elaborated on his points of ~oncern relative to the proposal and in concluding stated that he did not approve of the concept and felt Kaufman and Broad could do better. MOTION: Councilman Pickler moved to uphold the findings of the Planning Commission denying the r~quest for the approval of revised specific plans for Tentative Tract No. 1098~ and denying the proposed concept as presented by Kaufman and Broad. Councilman Bay seconded the motion. Before a vote was taken, Mr. Galloway stated they were not requesting or suggesting a specific planned amendment, but they were asking the Council to review and consider a ne~ concept. If the Council did not want to consider it, he would return to previous plans. 414 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1983, 10:00 A.M. Councilman Overholt then felt that perhaps no motion was required; Councilman Bay stated that a motion would be in order, stating that the City Council did or did not approve the concept. Councilman Overholt asked if under the concept they intended to split the lots so that they could sell a 3,500 square-foot parcel to the buyer of the semi-attached homes; Mr. Galloway answered if that was possible the answer was "yes." A vote was then taken on the foregoing motion. MOTION CARRIED. 108: ORDINANCE NO. 4431 - INCREASING THE TRANSIENT OCCUPANCY TAX TO 8 PERCENT: Amending Section 2.12.010 of the Code, increasing the Transient Occupancy Tax to eight percent, effective July 1, 1983. Continued from the meeting of May 17, 1983--see minutes that date. Mayor Roth, referring to joint letter dated May 20, 1983, signed by the Chairman of the Board and the President of the Visitor and Convention Bureau, stated to his amazement the Board unanimously approved the proposed increase in the Transient Occupancy Tax (TOT) from 6 percent to 8 percent. In addition, there were six other members from the visitor industry present at the meeting who also expressed their support. His philosophy in general was to oppose new taxes. In this case, he had stated he would withhold his decision until they received a recommendation from the industry involved, and the industry had voiced their support in favor of the increase in the Occupancy Tax. City Manager Talley stated for the record they had also received a communication dated May 24, 1983, from The Phelan Group opposing the increase. Councilman Overholt recommended that Mr. Phelan be advised of the first reading of the ordinance today, so that if he wished to speak, he could be present at the final.reading in one week. Mr. Talley stated, as he mentioned last week, Section 2 of the proposed ordinance which contains the effective date, was not filled in, and in introducing the ordinance, it would be appropriate to indicate an effective date. Councilman Overholt offered Ordinance No. 4431 for first reading, to become effective July 1, 1983. ORDINANCE NO. 4431: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 2.12.010 OF CHAPTER 2.12 OF TITLE 2 OF THE ANAHEIM MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX. Councilman Bay stated it was apparent that the issue was no longer whether they were going to have a new Transient Occupancy Tax or not, but how they were going to spend the money. He was certain there would be a great deal of discussion on that in one week when they voted on the matter. To him, that was the key to the issue. 415 City Hall, Anaheim, California- COUNCIL MINUTES- May 24, 1983, 10:00 A.M. Councilman Pickler left the Council Chambers. (11:31 a.m.) CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Roth, 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 Roth offered Resolution Nos. 83R-204 through 83R-209, 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 rejected and referred to Risk Management: 1. Claim submitted by Kevin Hover for personal property damages to television set purportedly sustained due to a power surge at 635 North Loara, Apartment W-3, on or about April 3, 1983. 2. Claim submitted by the Penhall Company for indemnity purportedly accrued due to a lawsuit filed by James Rasmussen against the claimant on or about January 22, 1983. 3. Claim submitted by Dorothy J. Odem for personal property damages to car cover purportedly sustained due to lack of patrol in parking area at Anaheim Stadium, on or about April 1, 1983. 4. Claim submitted by Jay D. Weiss for indemnity purportedly accrued due to an automobile accident purportedly caused by negligence on the part of the City at the intersection of Miraloma Avenue and Miller Street, on or about February 19, 1982. 5. Claim submitted by B-1 Enterprise Corporation for indemnity for personal injury damages purportedly sustained by Craig Ludwig on or about November 7, 1981, and accrued on or about March 3, 1983. B. Claims rejected and referred to Governmental Programs Division/Markel Service, Inc.: 6. Claim submitted by Suzanne Joyce Cumiford for personal property damages to clothing and car interior purportedly sustained due to actions of an Anaheim Police 0f£ieer at the corner of ~arbor Boulevard and Katella, on or about April 16, 1983. 7. Claim submitted by Steven Edward Riffel for false arrest and imprisonment purportedly sustained due to actions of Anaheim Police Officers at 2421 East Ball Road, Apartment 109, on or about March 20, 1983. 8. Claim submitted by Thomas Jay Lamothe for personal injury damages purportedly sustained due to actions of Anaheim Police Officers at Anaheim Stadium and Police Department, on or about April 7, 1983. 416 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1983, 10:00 A.M. 9. Claim submitted by Ed McGowan for personal property loss purportedly sustained due to actions of Anaheim Police Department personnel at the Anaheim Police Department, on or about April 13, 1983. C. Applications for Leave to Present a Late Claim rejected: 10. Application for Leave to Present a Late Claim submitted by Robert and Marjorie Buckles for personal property damages purportedly sustained due to negligence on the part of the City in connection with the fire on April 21, 1982, at 1220 South Palm Way, Apartment 24. 11. Application for Leave to Present a Late Claim submitted by Frank Arena for personal property damages purportedly sustained due to negligence on the part of the City in connection with the fire on April 21, 1982, at 1314 South Euclid, Suite 11. 12. Application for Leave to Present a Late Claim submitted by Emily Canary and Gerda Crays for personal property damages purportedly sustained due to negligence on the part of the City in connection with the fire on April 21, 1982, at 1230 South Euclid, Apartment 23A. 13. Application for Leave to Present a Late Claim submitted by Bruce Frank for personal property damages purportedly sustained due to negligence on the part of the City in connection with the fire on April 21, 1982, at 1603 West Ball Road, Apartment 1. 14. Application for Leave to Present a Late Claim submitted by Earl, Beverly and Leeann Chidesper for personal property damages purportedly sustained due to negligence on the part of the City in connection with the fire on April 21, 1982, at 1230 South Euclid, Apartment 5-D. 15. Application for Leave to Present a Late Claim submitted by David Lawton for personal property damages purportedly sustained due to negligence on the part of the City in connection with the fire on April 21, 1982, at 1618 Juno Street, Apartment 8. 16. Application for Leave to Present a Late Claim submitted by David George for personal property damages purportedly sustained due to negligence on the part of the City in connection with the fire on April 21, 1982, at 1618 Juno Street, Apartment 2. 17. Application for Leave to Present a Late Claim submitted by Jerry, Sandra, Susan, Shelley and Jason Franks for personal property damages purportedly sustained due to negligence on the part of the City in connection with the fire on April 21, 1982, at 1230 South Euclid, Apartment 22A. 18. Application for Leave to Present a Late Claim submitted by Russell and Lucille (Minor) Luther for personal property damages purportedly sustained due to negligence on the part of the City in connection with the fire on April 21, 1982, at 1603 West Ball Road, Apartment 8. 417 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1983, 10:00 A.M. 19. Application for Leave to Present a Late Claim submitted by Hedvig and Minor Children Adriana, Floriana, Floriana Augusta and Ana Carolina Mlinko for personal property damages purportedly sustained due to negligence on the part of the City in connection with the fire on April 21, 1982, at 1230 South Euclid, Apartment 20C. 20. Application for Leave to Present a Late Claim submitted by Joseph, Lori and Christina Mendoza for personal property damages purportedly sustained due to negligence on the part of the City in connection with the fire on April 21, 1982, at 1230 South Euclid, Apartment 18D. 21. Application for Leave to Present a Late Claim submitted by Ann and Gayle Robinson for personal property damages purportedly sustained due to negligence on the part of the City in connection with the fire on April 21, 1982, at 1230 South Euclid, Apartment 26D. 22. Application for Leave to Present a Late Claim submitted by Oscar and Gertrude Muller for personal property damages purportedly sustained due to negligence on the part of the City in connection with the fire on April 21, 1982, at 1645 Palm Lane, Apartment 24. 23. Application for Leave to Present a Late Claim submitted by Sharon Spangle for personal property damages purportedly sustained due to negligence on the part of the City in connection with the fire on April 21, 1982, at 1230 South Euclid, Apartment liB. 24. Application for Leave to Present a Late Claim submitted by Earl Tennis and Charlotte Haef~inger for personal property damages purportedly sustained due to negligence on the part of the City in connection with the fire on April 21, 1982, at 1660 West Palm Lane, Apartment 13. 2. The following correspondence was ordered received and filed: a. 105: Community Services Board--Minutes of April i4, 1983. b. 105: Senior Citizen Commission--Minutes of April 14, 1983. c. 105: Public Utilities Board--Minutes of April 21, 1983. d. 156: Police Department--Monthly Report for March 1983 and First Quarter Crime Analysis, 1983. 3. 113: Receiving and filing the Post-Implementation Office Automation Productivity Audit. 4. 125: Authorizing the Data Processing Director to purchase one 64K WANG work station at a cost of $5,000, plus ~54 per month maintenance, to ser~e as the City's dedicated training terminal. 5. 175: Receiving and filing the Consulting Engineer's Report to Bondholders of Water Revenue Series 1971 Bonds, Fiscal Year 1981-82. 418 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 24~ 1983~ 10:00 A.M. 6. 160: Authorizing the Purchasing Agent to issue a purchase order to Eastman Kodak in the amount of $44,625 for rental, plus copy, costs for one Eastman Kodak copier Model 150 PS for 25 months. 7. 159: Authorizing the substitution of Master Bilt Fence Company for McKown Fence Company, the listed subcontractor for the Fleet Maintenance Facility, as requested by J. A. Stewart Construction Company, general contractor. 8. 159: Authorizing Change Order No. 1 to the contract with J. A. Stewart Construction Company in the amount of $43,651.83 for additional items required for the Fleet Maintenance Facility, Account No. 72-721-6325. 9. 164: Authorizing Change Order No. 1 to the contract with Nick Didovic Construction, Inc., in the amount of $10,981.03, for additional excavating and construction of a 5-foot diameter manhole for the Harbor Boulevard Sewer Repair, Account No. 11-790-6325-E0480. 164: RESOLUTION NO. 83R-204: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: LA PALMA AVENUE SEWER AND WATER IMPROVEMENT, FROM 1200' EAST OF WEIR CANYON TO WEIR CANYON ROAD, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 11-790-6325-E0420 (SEWER) AND 53-605-6329-17420-34350 (WATER). (Bids to be opened June 23, 1983, 2:00 p.m.) 169: RESOLUTION NO. 83R-205: 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 IMPRO~/EMENT, TO WIT: BARRIER FREE ANAHEIM NO. 7 STREET IMPROVEMENT AREA BOUND BY LINCOLN AVENUE, EUCLID STREET, BALL ROAD AND SANTA ANA FREEWAY, ACCOUNT NO. 24-793-6325-E3630. (American Construction, contractor) 169: RESOLUTION NO. 83R-206: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS A_ND 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: NEIGHBORHOOD PRESERVATION AREA NO. 1 STREET AND UTILITY IMPROVEMENTS, CLEMENTINE ST., HELENA ST., CYPRESS ST., CHARTRES ST., IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-793-6325-E3510. (R. J. Noble Company, contractor) 165: RESOLUTION NO. 83R-207: 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: CITRON NEIGHBORHOOD TARGET AREA, ALLEY IMPROVEMENT, PHASE III, IN THE CITY OF ANAHEIM, ACCOUNT NO. 25-793-6325-E3620. (M & W Construction, contractor) 419 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1983, 10:00 A.M. 150: RESOLUTION NO. 83R-208: 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: EUCALYPTUS PARK BUILDING, IN THE CITY OF ANAHEIM, ACCOUNT NO. 16-802-7105. (Chas. H. Schiermeyer & Son, Inc., contractor) 156: RESOLUTION NO. 83R-209: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE POLICE DEPARTMENT TO CONDUCT AN AUCTION OF UNCLAIMED PROPERTY ON JUNE 18, 1983. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay and Roth None Pickier MOTION CARRIED. The Mayor declared Resolution Nos. 83R-204 through 83R-209, both inclusive, duly passed and adopted. 108: ENTERTAINMENT PERMIT APPLICATION - ANAHEIM FAMILY FUN CENTER: Entertainment Permit Application submitted by Keith Wayne Goodman, Anaheim Family Fun Center, 1405 North Shepard Street, to permit three- to six-piece bands on Fridays, from 8:00 p.m. to 12:00 midnight. Councilwoman Kaywood referred to memorandum dated May 20, 1983, from the Planning Director suggesting continuance of the Entertainment Permit Application to June 7, 1983, to be heard concurrently with Conditional Use Permit No. 1564. She moved to continue the matter to the time when a public hearing would be held on the Conditional Use Permit. Mayor Roth noted there was a gentleman in the audience who wished to speak on the issue. Mr. Keith Wayne Goodman, 17482 Wayne Street, Irvine, stated when they first filed the letter and permit application, they used as a possible location the soccer field located at the Family Fun Center. They had since decided they would not use the soccer field and thus their request would have no bearing on Conditional Use Permit No. 1564. He asked that the request for Entertainment Permit Application be acted upon today and approval given with activities to take place only on the roller rink located at the Family Fun Center. City Attorney William Hopkins stated they were apparently requesting an Entertainment Permit for the Anaheim Family Fun Center and the applicable Code section primarily referred to entertainment in restaurants. He understood this was a soccer field and whether or not there was a restaurant or eating establishment involved he was not certain. If there was a restaurant, it could be approved as entertainment in a restaurant, but it had nothing to do with a soccer field. 420 City Hall, Anaheim, California - COUNCIL MINUTES - ¥~L24, 1983, 10:00 A.M. Mr. Goodman explained that there were two facilities on the Anaheim Family Fun Center, a roller rink and a soccer field that was being built now. They would not be using the soccer field for the entertainment whici~ was what the CUP would cover. It would be strictly for entertainment out'doors and they were told they would not need an additional CUP, but that an antertainment permit would be sufficient. Miss Santalahti stated one of the concerns in the Planning Department was the fact that it was an outdoor function. Since a public hearing was going to be held in the near future on the Conditional Use Permit and because there were many interested persons in the area concerned primarily with the traffic that would be generated, it seemed an appropriate item to dj auss at the time of the public hearing on the CUP. MOTION: Councilman Overholt moved that the subject request for an Entertainment Permit Application be continued to June 7, 1983, after consideration of Conditional Use Permit No. 1564 also to be held on that date. Councilman Roth seconded the motion. Councilman Pickler was absent. MOTION CARRIED. 128: MONTHLY FINANCIAL ANALYSIS - NINE MONTHS ENDED MAkCH 31, 1983: Receiving and filing the Monthly Financial Analysis =or the Nine Months ended March 31, 1983. Councilman Bay posed questions to staff relative to ~he figures on consolidated expenditures by control center which hE could not locate in the analysis. Finance Director George Ferrone and City Manager Talley answered the questions posed, indicating that the data should be in the report although under a new format. Councilman Bay stated he would like to have one week to look at those figures; Mr. Talley stated that the action was to receive and file the report and should Councilman Bay have questions or comments, then perhaps he could broach those at the budget presentation next week. MOTION: Councilman Bay moved to receive and file the Monthly Financial Analy~i~ for tha Nine Month~ Ended March 31, 1983. Councilman 0verholt seconded the motion. Councilman Pickler was absent. MOTION CARRIED. 149/142: ORDINANCE NO. 4432 - RELATING TO NO PARKING A~ TIME ON CERTAIN CITY STREETS: Mayor Roth noted that the proposed ordinance ~ overed a large area where no parking would be allowed. He wanted to know if the citizens and businesses along the proposed routes had been so advise~, Traffic Engineer Paul Singer explained that much of the proposed ordinance involved "housekeeping" activities with the exception of La Palma Avenue, where it would remove parking from one side of La Palma in order to install continuous left-turn lanes. Prior to any parking removal, letters were sent 421 City Hall, Anaheim~ California - COUNCIL MINUTES - May 24, 1983, 10:00 A.M. out to those who would be affected, giving them an opportunity to give their input. He confirmed for Councilman Bay that it would eventually include one side of La Palma in the entire City limits. Councilman Bay recommended that he speak with Servite High School and the people living in that area along La Palma. Councilman Roth offered Ordinance No. 4432 for first reading. ORDINANCE NO. 4432: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM ~NICIPAL CODE RELATING TO NO PARKING AT ANY TIME ON PORTIONS OF GILBERT STREET, LA PALMA AVENUE, MAGNOLIA AVENUE, RIO VISTA STREET, SHEPARD STREET, SOUTH STREET AND MTATE COLLEGE BOULEVARD. 175/142: ORDINANCE NOS. 4433 THROUGH 4435 - FINANCING OF THE INTERMOUNTAIN POWER PROJECT (IPP) SOUTHERN TRANSMISSION SYSTEM THROUGH THE SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY (SCPPA): Public Utilities General Manager Gordon Hoyt first answered questions posed by the Mayor for purposes of clarification. Councilman Roth offered Ordinance Nos. 4433 through 4435, both inclusive, for first reading. ORDINANCE NO. 4433: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE ISSUANCE OF TRANSMISSION PROJECT REVENUE BONDSBY SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY. ORDINANCE NO. 4434: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE ISSUANCE OF NOTES BY SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY. ORDINANCE NO. 4435: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR THE ACQUISITION OF CAPACITY AND A TRANSMISSION SERVICE CONTRACT; AND APPROVING THE ENTERING INTO OF SAID AGREEMENT AND CONTRACT. Councilman Roth moved to authorize an agreement with the SCPPA for the acquisition of capacity and to authorize a contract with the SCPPA for transmission service, as recommended in memorandum dated May 20, 1983, from the Public Utilities Board and memorandum dated May 12, 1983, from the Public Utilities General Manager (both on file in the City Clerk's office). Councilman Overholt seconded the motion. Councilman Pickler was absent. MOTION CARRIED. 105: VACANCY ON THE GOLF COURSE ADVISORY COMMISSION: Councilman Roth moved to continue the appointment to fill a vacancy on the Golf Course Advisory Commission for one week for full Council action. Councilwoman Kaywood seconded the motion. Councilman Pickler was absent. MOTION CARRIED. 422 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1983, 10:00 A.M. 175: AMENDING RESOLUTION - ELECTRIC REVENUE ANTICIPATION NOTES AND ELECTRIC REVENUE BONDS: Councilman Roth offered Resolution Nos. 83R-210 and 83R-211 for adoption, amending Resolution No. 83R-168 retating to the issuance of Electrical Revenue Anticipation Notes, amending certain cross references set forth therein, and amending Resolution No. 83R-i71 relating to the Electric Revenue Bonds, amending a certain cross reference set forth therein. Refer to Resolution Book. RESOLUTION NO. 83R-210: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, AMENDING RESOLUTION NO. 83R-168 OF THE CITY COUNCIL BY AMENDING CERTAIN CROSS REFERENCES SET FORTH THEREIN. RESOLUTION NO. 83R-211: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, AMENDING RESOLUTION NO. 83R-171 OF THE CITY COUNCIL BY AMENDING A CERTAIN CROSS REFERENCE SET FORTH THEREIN. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay and Roth None Pickler The Mayor declared Resolution Nos. 83R-210 and 83R-211 duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held May 2, 1983, pertaining to the following applications were submitted for City Council information. 1. CONDITIONAL USE PERMIT NO. 2436: Submitted by Richard J. Sharkey and Kenneth Kallman, (Delisi's Sandwich Shop), to permit on-sale beer and wine in an existing restaurant on CL zoned property located at 1739 West La Palma Avenue, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC83-89, granted Conditional Use Permit No. 2436, and granted a negative declaration status. 2. CONDITIONAL USE PERMIT NO. 2437: Submitted by Dale E. and Sarah Ann Fowler, to permit a sandwich shop on ML zoned property located at 3192 East La Palma Avenue, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC83-90, granted Conditional Use Permit No. 2437, and granted a negative declaration status. 3. VARIANCE NO. 3330: Submitted by G. Community Hospital Corp., Inc., to construct an 85-unit affordable apartment complex on RM-1200 zoned property located at 950 South Gilbert Street, with Code waivers as follows: (a) minimum building site area per dwelling unit, (b) maximum structural height, (c) minimum floor area per dwelling unit, (d) minimum distance between buildings, and (e) minimum number of parking spaces. 423 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1983, 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC83-91, denied Variance No. 3330, and granted a negative declaration status. 4. VARIANCE NO. 3331: Submitted by J. R. and Phyllis D. Estrella, to retain a garage conversion on RS-7200 zoned property located at 1222 West Apollo Avenue, with a Code waiver of required type of parking spaces. The City Planning Commission, pursuant to Resolution No. PC83-92, granted Variance No. 3331, and granted a negative declaration status. 5. CONDITIONAL USE PERMIT NO. 2321 - EXTENSION OF TIME: Submitted by Advanced Mobile Phone Service, Inc., requesting an extension of time to Conditional Use Permit No. 2321, to permit a 150-foot high radio transmission and receiving tower on ~L zoned property located at 1460 North Red Gum Street. The City Planning Commission approved an extension of time to Conditional Use Permit No. 2321, to expire May 17, 1984. No action was taken by the City Council on the foregoing items; therefore, the actions of the City Planning Commission became final. 179: RECLASSIFICATION NO. 77-78-64 (READVERTISED): Submitted by Kaufman & Broad, Inc., requesting amendment to the Bauer Ranch General Plan of Development; Ordinance Nos. 4068 and 4069; and Resolution No. 79R-607, proposed RM-3000(SC), RS-5000(SC) and RS-43,000(SC) zoned property located southeast and southwest of the intersection of the Riverside Freeway and Weir Canyon Road. The City Planning Commission, pursuant to Resolution No. PC83-87, recommended approval of Reclassification No. 77-78-64 (Readvertised). EIR No. 256 was previously certified by the City Council on June 8, 1982. The City Council had previously acted on the subject reclassification and change to conditions required a hearing before the Council, thus a public hearing was set for June 7, 1983, at 1:30 p.m., to consider the changes submitted by the applicant. 179: CONDITIONAL USE PERMIT NO. 1564 (READV.): Submitted by John A. Huish, (Anaheim Family Fun Center), to permit an outdoor soccer field in conjunction with an existing recreational facility on ML zoned property located at 4145 North Shepard Street. The City Planning Commission, pursuant to Resolution No. PC83-87, recommended approval of Conditional Use Permit No. 1564 (Readvertised). A negative declaration status was granted October 14, 1975. The City Council had previously acted on the subject Conditional Use Permit and change to conditions or uses granted, requires a hearing before the Council, thus a public hearing was set for June 7, 1983, at 1:30 p.m., to consider the use proposed by the applicant. 424 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1983, 10:00 A.M. Mr. Ray Anderson, 19171 McCarthy Lane, Yorba Linda, President of the Southern Indoor Soccer League, requested that a special permit be granted to conduct an exhibition game at the Family Fun Center. He had just submitted documents (made a part of the record) announcing the new league, their grand opening schedule, and the first two-thirds of their 1982-83 soccer league schedule. He found out late yesterday afternoon that the Council was not to hear the request for a Conditional Use Permit today and he immediately contacted staff. He was suggesting that he could perhaps obtain a temporary permit in order to be able to operate the next evening when the grand opening would take place, since invitations had already been sent. Additionally, he was requesting a 30-day revocable permit in order to continue the first week of scheduled games consisting of three games a night between 5:00 and 9:30 p.m., pending the hearing scheduled for June 7, 1983. Annika Santalahti, Assistant Director for Zoning, stated that she had discussed the matter with the City Attorney and under a Special Events Permit, they could favor Mr. Anderson's request. City Attorney Hopkins stated it could be a Special Events Permit authorization, which the Planning Department would issue, since the actual public hearing on the Conditional Use Permit would not take place unti} June 7, 1983. MOTION: Councilman Roth moved to grant a Special Events Permit to the Southern Indoors Soccer League to conduct soccer games at the subject facility from May 25, 1983, through June 7, 1983, with the permit to expire on June 7, 1983. Councilman Overholt seconded the motion. Councilman Pickler was absent. MOTION CARRIED. 179: CONDITIONAL USE PERMIT NO. 2435: Submitted by Camping World of California, Inc., (Camping World), to retain overnight customer parking (camping) in conjunction with an existing recreational vehicle service facility on ML (proposed CR) zoned property located at 866 So. West Street. The City Planning Commission, pursuant to Resolution No. PC83-88, denied Conditional Use Permit No. 2435, and granted a negative declaration status. The decision of the Planning Commission was appealed by the applicant and, therefore, a public hearing would be scheduled at a later date. 179: BILLBOARD REGULATIONS - REPORT FROM THE PLANNING DEPARTMENT: Submitted was a report dated May 16, 1983, from the Planning Department/Zoning Division, recommending against any change in the current billboard regulations. Assistant City Clerk Lee Sohl announced that a letter request had been received asking that discussion on the subject be continued to a later date. After Council discussion on the most appropriate date to hold the hearing, Councilman Bay moved to continue a discussion on a review of current billboard regulations to July 19, 1983, at 10:00 a.m. Councilman Overholt seconded the motion. Councilman Pickler was absent. MOTION CARRIED. 425 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1983, 10:00 A.M. Mayor Roth asked that those interested parties be advised accordingly. 107: REQUEST FOR EXTENSION OF TIME TO PROPERTY REY ~IRS: Request by Boydstun Realty for a 30-day extension of time for repairs on property located at 1037 West Brewster Street (see letter dated May 20, 1985, from Phyllis Boydstun--on file in the City Clerk's office). Phyllis Boydstun, 703 North Anaheim Boulevard, stated she had copies of what the buyer of the subject property agreed to do if the Council wished to see it. They were the agent for the seller and were asking for an extension of 30 days for the repair work required by the City to be done on the house. Escrow was scheduled to close in approximately one week and the buyer did not want to work on the property until it closed. If the extension were granted, it would give a full 30 days to do the work. If he did not get the extension, he would have to hire a contractor to do the work. Otherwise, he was in a position to perform the work himselY. MOTION: Councilman Overholt moved to grant the request for a 30-day extension of time to July 5, 1983, for repairs on property located at 1037 West Brewster Street. Councilman Roth seconded the motion. Before a vote was taken, Mayor Roth noted that under n~rmal circumstances this should be an administrative action; Councilman Overhol stated if there was a possibility that 30 days was too tight that the Counci take action granting the extension to July 5, 1983, with direction to staff ~o allow a further extension if it became necessary. A vote was then taken on the foregoing motion. Councilman Bay voted "No." Councilman Pickler was absent. MOTION CARRIED. Councilman Bay stated he had little or nothing in his agenda packet on the matter and he was very concerned with some of the delays relative to repairs in the Patrick Henry area. He had received calls ~elative to such delays and enforcement in that area. He was not going to start bending the rules on enforcement when citations had been issued three snd four months ago, that nothing had been done about yet. Since he did not have specific information on the subject structure, he changed his "No" vote '~o an abstention. 108: ENTERTAINMENT PERMIT Ai~PLICATION - HUMDINGER ~4: Submitted by Scott Ernest Slayton, Humdinger #4, 2660 West Lincoln Avenue, to permit one dancing girl, seven days a week, from 11:00 a.m. to 2:00 a.m. (continued from the meeting of May 17, 1983--see minutes that date). Mayor Roth noted that they again received a recommendation from the Chief of Police that the permit be granted; Councilwoman Kaywood stated she was still going to speak against and vote against the permit i~eing issued. The business had done nothing to upgrade the area and instead downgraded it. The sign "Girls, Girls, Girls" did not help anything and having a dancer from 11:00 a.m. to 2:00 a.m. would not be of benefit to the sh~pping center, to the area, or to the City. 426 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1983, 10:00 A.M. Mayor Roth stated they should direct staff to look at the signing to see if there was a problem, but that was another issue. Councilwoman Kaywood moved to deny the Entertainment Permit Application for Humdinger #4 at 2660 West Lincoln Avenue, to permit one dancing girl, seven days a week, from 11:00 a.m. to 2:00 a.m. Councilman Bay seconded the motion. Before action was taken, Councilman Roth stated he was going to oppose, since he was depending on the recommendation of the Chief of Police. He felt if there was a problem with such activities, they should clarify it and strengthen the Codes to remove them from the City. Councilman Overholt stated he shared the Mayor's view and, therefore, they were headed for a split vote. Councilman Bay thereupon moved to continue consideration of the Entertainment Permit Application for Humdinger #4 for one week for full Council action. Councilman Overholt seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Mayor Roth then asked that staff submit a report on possible violations of signing on the property. 149/142: ORDINANCE NO. 4424: Amending Section 14.32.430 of the Code relating to handicapped parking. Councilman Roth offered Ordinance No. 4424 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4424: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.430 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO HANDICAPPED PARKING. Roll Call Vote: AYE S: NOES: ~LBSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay and Roth None Pickler The Mayor declared Ordinance No. 4424 duly passed and adopted. 175/142: ORDINANCE NO. 4430: Councilman Roth offered Ordinance No. 4430 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4430: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 10.20.120 OF CHAPTER 10.20 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CONSTRUCTION AND DESTRUCTION OF WELLS. 427 City Hall, Anaheim~ California - COUNCIL MINUTES - May 24~ 1983~ 10:00 A.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overhoit, Bay and Roth None Pickler The Mayor declared Ordinance No. 4430 duly passed and adopted. ORDINANCE NOS. 4436 AND 4437: Councilman Roth offered Ordinance Nos. 4436 and 4437 for first reading. ORDINANCE NO. 4436: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (81-82-19, RM-3000, 3529 West Savanna Street, Tract 11754) ORDINANCE NO. 4437: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (82-83-16, ML, Parcel 1, west of Douglass Road, north of Katella Avenue and Parcel 2, south of Winston Road, and west of Sunkist Street) 106: SCHEDULED BUDGET PRESENTATION: Councilman Bay posed questions to City Manager Talley for purposes of clarification relative to the budget presentation scheduled for Tuesday, May 31, 1983, and the budget presentation scheduled to be given to the Chamber of Commerce Budget Committee on June 6, i983. He questioned why they could not invite the Budget Committee to hear the presentation that was going to take place on May 31, 1983. City Manager Talley then explained the reason for setting the date of June 6, 1983, for the budget presentation to the Chamber, as well as the difference in format and the reason for not combining the two meetings. DONATION FOR FINGER-PRINTING PROGRAM: Mayor Roth directed staff to prepare a letter of thanks to Mr.. Larry Ulvestad of Anaheim Savings & Loan for donation of ~2,000 to pay for the finger-printing program of young people in the community and for the cards for same. Mr. Ulvestad not only donated ~2,000, but also provided the finger-printing cards. RECESS - LUNCH BREAK: On motion by Councilman Roth, seconded by Councilman Overholt, the Council recessed for a lunch break. Councilman Pickler was absent. MOTION CARRIED. (12:37 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman Pickler. (1:58 p.m.) 174: ADMINISTRATIVE PROPOSED USE HEARING - FEDERAL GENERAL REVENUE SHARING FUNDS: To consider proposed administrative uses of $3,087,616 in Federal General Revenue Sharing funds for the Fiscal Year 1983/84. Mr. Ronald Rothschild, Program Development and Audit Manager, briefed the Council on the May 24, 1983, report--Federal General Revenue Sharing--Administrative Proposed Use Hearing--l:30 p.m., May 24, 1983--Anaheim 428 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1983, 10:00 A.M. City Council Chambers, specifically, the 18 capital improvement projects and programs for which the Federal General Revenue Sharing Receipts for the ensuing fiscal year were intended to be dedicated in the amount of ~3,087,616. At the conclusion of Mr. Rothschild's presentation, City Manager William Talley stated they would welcome any questions or comments by the public or the Council. Mayor Roth, referring to Item 14, Anaheim Convention Center Improvements and Equipment, wanted to know if the ~386,275 total included the suggested improvements to the west-side parking lot to make that another entrance into the Convention Center; Mr. Talley answered, "no." Mayor Roth felt that the West Street entrance was going to become more important and they should do everything to enhance its appearance to encourage its use off of West Street. As Mr. Talley had suggested, that could be considered as a priority for revenue from the increase in the Transient Occupancy Tax. Councilman Bay asked if Item 11, George Washington Community Services Center Program, $163,775, included Legal Aid, which was located at the Center. Mr. Talley answered that they were given space at the Center, but it did not include costs for the staff. Councilman Bay stated that since requests from the Community Services Board would be coming to them in June, he was interested in a breakout with the total dollar value on what was supplied the different groups. Mr. Talley stated that Mr. Chris Jarvi and Mr. Steve Swaim would be present at that time to answer questions, but the answer they were going to hear was that only some incremental costs would be a result, because they, in essence, gave them space and some utilities. It did not include funding an operation per se. After additional Council questions, the Mayor asked if anyone wished to speak to the proposed uses of Federal General Revenue Sharing Funds for Fiscal Year 1982/83; there being no response, the Administrative Proposed Use Hearing on Federal General Revenue Sharing Funds, having been held as required, was closed with final disposition of the funds to be determinad at ~ubsequ~nt Council budget hearings. REQUEST FOR CLOSED SESSION: City Manager Talley requested a Closed Session to discuss labor relations and personnel items with action anticipated; City Attorney Hopkins requested a Closed Session to discuss litigation and potential litigation with action anticipated. Councilman Roth moved to recess into Closed Session. seconded the motion. Councilman Pickler was absent. p.m.) Councilwoman Kaywood MOTION CARRIED. (2:15 429 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1983, 10:00 A.M. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman Pickler. (3:30 p.m.) 112: ESQUIVEL VS. CITY OF ANAHEIM: Councilman Roth moved to authorize the City Attorney and Ruston and Nance to settle Orange County Superior Court Case No. 33-88-10 (Esquivel vs. City of Anaheim) for a sum not to exceed ~110,000. Councilman Overholt seconded the motion. Councilman Bay voted "No." Councilman Pickier was absent. MOTION CARRIED. ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded the motion. Councilman Pickler was absent. MOTION CARRIED. (3:32 p.m.) LINDA D. ROBERTS, CITY CLERK BY ASSISTANT CITY CLERK 430