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1982/03/30City Hall, Anaheim, California - COUNCIL MINUTES - March 30, 1982, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: AB SENT: PRESENT: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour COUNCIL MEMBERS: Bay CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts ACTING POLICE CHIEF: Jimmie A. Kennedy POLICE LIEUTENANT: Dale A. Wilcox FIRE CHIEF: Bob Simpson PUBLIC WORKS EXECUTIVE DIRECTOR: Ronald Thompson ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti ASSISTANT PLANNING DIRECTOR--PLANNING: Joel Fick ASSISTANT CITY MANAGER: William T. Hopkins Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting, and noted that Councilman Bay's recent absences were due to a serious illness. INVOCATION: The Reverend David Beadles, Anaheim United Methodist Church, gave the Invocation. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Seymour and authorized by the City Council: (1) "I Love America Day" - March 30, 1982. (2) "Fair Housing Information Month" - April 1982 (3) "Public Schools Month in Anaheim" - April 1982 (4) "Volunteer Recognition Month" - April 1982 (5) "Neighborhood Watch Month in Anaheim" - April 1982 The first proclamation was accepted by Jack Wade, owner of The Cowboy; the second was accepted by Dorothy Davis, District Administrator; the third by Bart Blakesly, Worshipful Master, Freemasons Mother Colony Lodge 750; the fourth by Deputy City Manager, James Ruth, representing the staff of the Parks and Recreation Department; and the fifth proclamation was to be mailed. MINUTES: Councilman Roth moved to approve the minutes of the regular meetings held June 9, October 27, and December 15, 1981. Councilwoman Kaywood seconded the motion. Councilman Bay was absent. MOTION CARRIED. Councilwoman Kaywood moved to continue approval of the minutes of the regular meetings held July 7 and July 21, 1981, for one week. ~ouncilman Overholt seconded the motion. Councilman Bay was absent. MOTION CARRIED. 293 City Hall, Anaheim, California - COUNCIL MINUTES - March 30, 1982, 1:30 P.M. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Overholt seconded the motion. Councilman Bay was absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $11,050,884.72, in accor- dance with the 1981-82 Budget, were approved. CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the following items were approved as recommended: a. 128: Receiving an~ filing the Monthly Financial Statement for the eight months ended February 28, 1982. b. 123: Authorizing an agreement with Donn C. Gilmore and Associates, Inc., in the amount of $14,820, to redesign the heating system in the North Meeting Rooms, North Exhibition Hall and Arena at the Anaheim Convention Center. c. 151: Authorizing a License Agreement with the Crook Co., for the instal- lation of grading, landscaping, maintenance and driveways on City-owned property located along the south side of Frontera Street and the east side of Glassell Street, in conjunction with Parcel Map No. 80-268 and Grading Plan No. 941. d. 158: Anaheim Boulevard-Broadway to Ball Road. Account No. 13-792-7101- E2580. Authorizing payment of $97,052 to Triple Link Temple Association for modifications to their building located at 721 South Anaheim Boulevard. (R/W 2800-18) e. 158: Anaheim Boulevard-Broadway to Ball Road. Account No. 13-792-7101- E2580. Authorizing payment of $61,275 to Harold Vandenberg for modifications to his store building located at 631 South Anaheim Boulevard. (R/W 2800-12) f. 123: Authorizing the City Manager to execute the necessary documents with Security Pacific National Bank to increase the original loan for the Police Department Expansion by ~70,000, bringing the new total to ~223,173. Councilman Bay was absent. MOTION CARRIED. 115: SCULPTURE AT THE CIVIC CENTER - CONTRACT WITH THE ANAHEIM ARTS COUNCIL AND LLOYD HAMROL: City Manager William Talley briefed the Council on memoran- dum dated February 24, 1982, from the Deputy City Manager, James Ruth, recommending the approval of a contract with the Anaheim Arts Council and Lloyd Hamrol, the artist, for an original work of sculpture to be located outside the Anaheim Civic Center. He also announced that they had just received a communications from a Mr. Jack Alter who requested to speak to the Council relative to the matter. 294 City Hall, Anaheim, California - COUNCIL MINUTES - March 30, 1982, 1:30 P.M. Mr. Jack Alter then read his letter which was addressed to the members of the City Council and which had been submitted to them (on file in the City Clerk's office), the thrust being that he (Alter) be permitted to submit his statue as a better choice for the City's symbol. Mr. Alter then presented a miniature bronze model of his sculpture. Mrs. Eileen Anthony, President of the Anaheim Arts Council, stated she had not previously been contacted by Mr. Alter and asked Mrs. Vi Wheeler, Chairman of Art in Public Places, to speak to the matter. Mrs. Wheeler then explained how their decision was made to finally recommend Mr. Hamrol, which involved an extensive process over a long period of time. She favored the present proposed agreement with Mr. Hamrol and felt they should proceed with it. Mrs. Elsie Reid, member of the Arts Council, stated that the decision today was relative to contract approval and she favored moving on the matter. Mrs. Margaret Sullivan, 1122 West Diamond Street, stated that she had seen things go up in Anaheim that she did not like and she was, therefore, interested in knowing what the sculpture was going to be and wanted to see a picture of it. MOTION: Councilman Overholt moved to continue consideration of the subject agreement for two weeks for full Council action. Councilman Roth seconded the motion. Before a vote was taken, Mr. Hamrol, who was in the Chamber audience, answered, upon questioning by Mrs. Anthony, that relative to the two-week continuance, it seemed to be sufficiently serious to defer the matter, but that the cut-off time should be two weeks. A vote was then taken upon the foregoing motion. Councilman Bay was absent. MOTION CARRIED. 175: DECLINED PARTICIPATION IN WIND MEASU1LEM]~NT STUDIES: Councilman Roth moved to authorize the Public Utilities General Manager to send a letter to the California Energy Commission, declining City participation in wind measurement studies associated with the development of wind electric energy generation, as recommended in memorandum dated March 19, 1982, from the Public Utilities Board. Councilwoman Kaywood seconded the motion. Councilman Bay was absent. MOTION CARRIED. 123: WORLD MUSIC COMPETITION OF ANAHEIM - AGREEMENT FOR USE OF CITY SEAL: Councilwoman Kaywood moved to authorize an agreement with World Music Competition of Anaheim for use of the City Seal on medals to be awarded to winners in the 1982 Music Olympics, as recommended in memorandum dated March 25, 1982, from the City Attorney, William Hopkins. Councilman Overholt seconded the motion. Councilman Bay was absent. MOTION CARRIED. 295 City Hall, Anaheim, California - COUNCIL MINUTES - March 30, 1982, 1:30 P.M. 105: APPOINTMENT TO THE YOUTH COMMISSION: Councilwoman Kaywood nominated Jerry Woodring to serve on the Anaheim Youth Commission, to replace Rebecca Swett; there were no other nominations. Councilwoman Kaywood moved to close nominations. Councilman Overholt seconded the motion. Councilman Bay was absent. MOTION CARRIED. Jerry Woodring was thereupon appointed to serve as a member of the Anaheim Youth Commission, replacing Rebecca Swett, term expiring December 31, 1983. REQUEST FOR REHEARING - CONDITIONAL USE PERMIT NO. 1564, REVISED PLANS: Re- quest by Karl Sator, S & S Investments, for a rehearing on Conditional Use Permit No. 1564, to include a roller slide at an established recreation center on ML zoned property located at the southwest corner of Carpenter Avenue and Shepard Street (continued from meeting of March 23, 1982), was submitted. Letter dated March 26, 1982, from Mr. Sator, asked that his request for a rehearing be withdrawn, since he and the adjoining property owner, Mr. James Huish, had reached a satisfactory arrangement, as outlined in his letter which was co-signed by Mr. Huish. On motion by Councilman Seymour, seconded by Councilman Roth, the request for withdrawal for a rehearing on the revised plans under Conditional Use Permit No. 1564 was approved. Councilman Bay was absent. MOTION CARRIED. 139/148: OPPOSITION TO AB 2660: Councilman Roth offered Resolution No. 82R-166 for adoption, expressing its strong opposition to AB 2660 which would alter the composition of the District Board to include four unelected political appointees to be chosen in Sacramento, rather than a Board composed entirely of locally elected officials, as recommended in his letter dated March 17, 1982, as Vice Chairman of the South Coast Air Quality Management District Board. Refer to Resolution Book. RESOLUTION NO. 82R-166: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM OPPOSING ASSEMBLY BILL 2660. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: 0verholt, Kaywood, Roth and Seymour None Bay The Mayor declared Resolution No. 82R-166 duly passed and adopted. 156: REQUEST TO ADDRESS THE COUNCIL - POLICE DEPARTMENT ACTIVITIES ON THE PROSTITUTION PROBLEM: Mayor Seymour asked to hear from Mr. and Mrs. Joel Jensen relative to their request to address the Council in letter dated March 8, 1982, which was also signed by other residents. The letter outlined the subject of the Jensens' request (on file in the City Clerk's office). 296 City Hall, Anaheim, California - COUNCIL MINUTES - March 30, 1982, 1:30 P.M. Before hearing from Mr. and Mrs. Jensen, City Manager William Talley inter- jected and advised that although the subject letter requested that no one from the Police Department be present, he had asked Acting Police Chief Jimmie Kennedy to be at the meeting today. Mr. Joel Sensen, 2146 South Maliul Drive, No. 2, stated that they were going to be asking for a thorough investigation of the Police Department which prompted the request that no representatives of the Department be in attendance, so that a decision could be made without the Police being present; Mayor Seymour stated that the Council was going to listen, but they believed in an open meeting with all cards on the table and thus, would not honor the request. Mr. Jensen then elaborated on the problem of the increased prostitution activities centered around Harbor Boulevard, the area from Convention Way to Wilken Way, and from Chapman Avenue to Katella Avenue, and on Katella from West Street to Haster Street. He also submitted a six-page petition signed by citizens, employers and employees of Anaheim, who were disturbed with the prostitution problem (on file in the City Clerk's office). He reported on the two meetings which were held at the Quality Inn and Comfort Inn, and following those meetings, there was a crackdown by the Police. Although the prostitu- tion problem diminished for a few months, the prostitutes had now moved in again. Charlotte Papevis, 2171 South Harbor Boulevard, desk clerk at the Harbor Inn Travel Lodge, stated she was speaking as an employee, and also as a concerned citizen living across the street. She relayed incidents with which she was personally aware and also explained that she had called the Vice Squad on occasions and they had not responded. Mr. John Erley, 1861 South Haster, Apartment 62, further elaborated upon the prostitution activities which he observed. Summing up the presentation, Mr. Jensen stated they would like to start a thorough investigation of the Police Force because at the minimum, there was some mixup. When hotel owners call the Police and they did not respond, some- thing was wrong. Also, the representative from Comfort Inn could not be present, but wanted him to express that Anaheim was getting a bad reputation and v~itor~ w~r~ ~oin~ to ~o back to their r~ctiv~ ~tat~ and countri~ and relay what was occurring in Anaheim, which would not bide well for the City. He reiterated that they would like an investigation of the Police Department. When they cracked down and started arresting people, there was a decrease in activity, but crackdowns had to be done every month and it must be done in conjunction with other cities to prevent the problem from merely shifting. They wanted prostitutes off the street. 297 City Hall, Anaheim, California - COUNCIL MINUTES - March 30, 1982, 1:30 P.M. Mr. Marlo Delassi, General Manager, Jolly Roger Inn, stated that he did not share Mr. Jensen's sentiments relative to the Police Department. He was a member of the Police Honoraries Association and he felt the Police had done an excellent job. The hotel owners and general managers had to get involved with the Police Department to solve the problem. The Police had responded when they needed them, they had done a good job, and there were other crimes in the City more important. They could not spend all their time on Harbor Boulevard worrying about prostitutes. Acting Police Chief Jimmie Kennedy then called upon Lt. Dale Wilcox to address some of the specifics that were alluded to, but before doing so, added that he was quite concerned about the allegations that had been made. They were as concerned as the citizens relative to the prostitution problem. They also had to be concerned relative to what was happening in the entire City and not just a concentrated area. The Department had devised plans and operations that had resulted in a number of arrests and the conviction rate on such arrests was 99 percent. They were addressing the problem, they needed cooperation and com- munication between the people who had the information and could give it to the Police Department in a timely fashion. Lt. Dale Wilcox first stated that they had been addressing the prostitution problem in the Harbor Boulevard area since 1978 by taking a number of dif- ferent approaches. The Police Department was also present at the two meetings of the motel people, reported by Mr. Jensen. They had assumed a liaison posi- tion since 1979 or 1980, dealing with the motel people in that area. Lt. Wilcox then elaborated upon the extensive efforts of the Police Department as well as his involvement personally, and that of Sgt. Brantley (also, see reported dated March 30, 1982, from the Acting Chief of Police to the City Manager/City Council). At the conclusion of Lt. Wilcox's presentation, Mayor Seymour stated, with that report, he was certain the Council was satisfied with the efforts being made by the Police Department. He asked, however, if there was anything more the Council could do for the Department and the Vice Squad to improve activity in that area. They did not want to lose the war on prostitution which they declared in 1978. If the Department needed some assistance one way or the other, he felt the Council would be happy to listen, so that they might augment their forces to clean it out once and for all, since it was a high priority; Lt. Wilcox stated he would have to reflect on the matter~ but they were pleased with the cooperation that Council had given them. They had never made the statement that they did not have the manpower to deal with the problem. Mayor Seymour then referred to the report submitted from the Acting Police Chief and asked for clarification that, in fact, 204 arrests for prostitution were effected on Harbor Boulevard from January 1981 to October 1981, that 55 arrests were made from October to December 1981, but during a one-week long program by the Department in that time frame, 190 arrests were made; Lt. Wilcox confirmed that those statistics were correct. He also confirmed that total arrests made during 1981 were 449 and of those, they had a 99 per- cent conviction rate. 298 City Hall, Anaheim, California - COUNCIL MINUTES - March 30, 1982, 1:30 P.M. In conclading, Mayor Seymour, speaking to Mr. Jensen, stated that they appre- ciated his coming to the Council. He hoped that Mr. Jensen, having heard and participated in the dialogue that had taken place, would walk away knowing three things: (1) they all recognized that there was a problem, (2) they had worked very hard to do something about the problem, with the arrest and conviction record proof of that, and (3) there was still more work to do, and it would also take a cooperative spirit of the business people. He felt there should no longer be a communication problem, since they were invited to call Lt. Wilcox directly, rather than going through the normal chain of command, or Sgt. Brantley. They were interested in stamping out the problem and, rather than pointing fingers, it was necessary that they all pull together and work toward that end. REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss personnel matters with no action anticipated; the City Attorney requested a Closed Session to discuss litigation and potential litigation with no action anticipated. Councilwoman Kaywood moved to recess into Closed Session. Councilman Overholt seconded the motion. Councilman Bay was absent. MOTION CARRIED. (3:25 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman Bay. (4:15 p.m.) 129: CONTINUED PUBLIC HEARING - 1979 EDITION OF THE UNIFORM FIRE CODE: To consider adoption of the 1979 Edition of the Uniform Fire Code with amendments thereto, and amending Chapter 16.08 of the Anaheim Municipal Code (continued from the meeting of February 23, 1982). City Clerk Linda Roberts reported that a letter dated March 26, 1982, had been received from the Anaheim Chamber of Commerce, supporting the proposed Fire Code (on file in the City Clerk's office). Fire Chief Bob Simpson stated, in answer to a question posed by Councilman Roth, that the language in the Code was not uncommon to what they had done in the past, and the amendments that they added since the presentation was first made, were being accepted. They were, in fact, accepting the Chamber's amend- ments as well in the proposed Code amendment. ORDINANCE NO. 4272: Councilwoman Kaywood offered Ordinance No. 4272 for an amended first reading. ORDINANCE NO. 4272: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 16.08 OF TITLE 16 OF THE ANAHEIM MUNICIPAL CODE AND ADDING NEW CHAPTER 16.08 IN ITS PLACE AND STEAD ADOPTING THE UNIFORM FIRE CODE, 1979 EDITION WITH AMENDMENTS THERETO. 103: CONTINUED PUBLIC HEARING - BALL-FREEWAY NO. 3 ANNEXATION: City of Anaheim, to consider the annexation of approximately 34.731 acres of land located southeast of the intersection of Ball Road and the Route 57 Freeway (continued from the meeting of March 23, 1982--see minutes that date). 299 City Hall, Anaheim, California - COUNCIL MINUTES - March 30, 1982, 1:30 P.M. City Clerk Roberts announced that according to staff during the past week, representatives of Shea Homes and the attorneys at Paone & Haldeman, representing the Southern Pacific Railroad, had several discussions regarding the requested continuance by Paone & Haldeman of the subject public hearing to ~ay 18, 1982, at 3:00 p.m. (discussed at the March 23, 1982, meeting). Staff had been informed that the two parties had reached an agreement regarding the continuance. Michael Todd, representing Shea Homes, and Tim Paone, representing Paone & Haldeman, were present to address the Council. Mr. Tim Paone stated that all parties were now in concurrence with a con- tinuance to May 18, 1982, and they would not be back to ask for any further continuance. Councilwoman Kaywood asked Mr. Paone if the continuance was being requested in order to establish non-conforming billboards in Anaheim prior to annexation of the property (see memorandum received March 17, 1982, from the Planning Department) which would not be allowed after annexation; Mr. Paone answered that for many years they had a property interest in that location and that would be one of the reasons. The property interest was the two billboards. He also clarified for Councilman Overholt that there were some other questions involved, and the billboards were not the only reasons for requesting a con- tinuance. MOTION: Councilman Seymour moved to continue the subject public hearing to May 18, 1982, at 3:00 p.m., as requested. Councilman Roth seconded the motion. Before a vote was taken, Councilwoman Kaywood stated she was going to vote against the motion on the basis that the billboards would not be permitted in the City if the property were a part of the City. A vote was then taken on the foregoing motion. Councilwoman Kaywood voted "no." Councilman Bay was absent. MOTION CARRIED. PUBLIC HEARING - VARIANCE NO. 3254: Application by West Shores Development, Inc., to establish a 2-lot subdivision on RS-HS-22,000(SC) zoned property located at 120 South Mohler Drive, with a Code waiver of minimum lot area. The City Planning Commission, pursuant to Resolution No. PC82-11, reported that the Planning Director had determined that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim Guide- lines to the requirement for an environmental impact report and is, therefore, categorically exempt from the requirement to file an EIR, and further, granted Variance No. 3254 subject to the following conditions: 1. That'subject property shall be served by underground utilities. 2. That drainage of subject property shall be disposed of in a manner satis- factory to the City Engineer. 300 City Hall, Anaheim, California - COUNCIL MINUTES - March 30, 1982, 1:30 P.M. 3. In the event that subject property is to be divided for the purpose of sale, lease, or financing, a parcel map, to record the approved division of subject property, shall be submitted to and approved by the City of Anaheim and then be recorded in the office of the Orange County Recorder. 4. That the owner of subject property shall pay to the City of Anaheim the the appropriate park and recreation in-lieu fees as determined to be appro- priate by the City Council, said fees to be paid at the time the building permit is issued. 5. That the owner(s) of subject property shall pay appropriate drainage assessment fees to the City of Anaheim as determined by the City Engineer prior to issuance of a building permit. 6. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the City Council, for each new dwelling unit prior to the issuance of a building permit. 7. That all engineering requirements of the City of Anaheim along Mohler Drive including preparation of improvement plans and installation of all im- provements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other appurtenant work, shall be complied with as re- quired by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; that street lighting facilities along Mohler Drive shall be installed as required by the Office of Utilities General Manager, and in accordance with specifications on file in the Office of Utilities General Manager; and/or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above- mentioned requirements prior to occupancy. 8. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3. 9. That Condition No. 7, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 10. That Condition Nos. 1, 2, and 8, above-mentioned, shall be complied with prior to final building and zoning inspections. 11. That appropriate water assessment fees as determined by the Office of Utilities General Manager shall be paid to the City of Anaheim prior to the issuance of a building permit. 301 City Hall, Anaheim, California - COUNCIL ~flNUTES - March 30, 1982, 1:30 P.M. A review of the Planning Commission's decision was requested by Councilman BaY (for Councilman Seymour) at the meeting of March 2, 1982, and public hearing scheduled this date. The Mayor asked if the applicant or applicant's agent was present. Mr. Phillip Schwartze, representing West Shores Development, Inc., 1038 North Tustin, Orange, stated they were requesting consideration of a lot split to permit two estate lots for two custom homes on the property located at the intersection of Del Giorgio Road and Mohler Drive. He then referred to the rendering of the two homes posted on the Chambers wall, and also a map out- lining two areas in blue, which areas were part of the reason that the lot was of an unusual configuration combined with its topography. The blue area to the right was an attempt to provide a curb radius on Mohler Drive, as opposed to a "T" intersection, and the blue area on the left, or north, was an area which had been set aside as open space and where a drainage facility was located which was once a part of the property. It was not the intent of Mr. Ehline, the property owner who would be residing in one of the homes, to set a precedent in the area for undersized lots. They were requesting that the City give favorable consideration by allowing the lot split which would result in the construction of two large custom homes (one was already under construction), representing a three-quartesr of a million dollar addition to the area. Mr. Paul Ehline, 385 South Old Bridge Road, explained for the Mayor that relative to the petition submitted by Mr. Schwartze of those favoring the two-lot subdivision, he personally passed the petition except for three or four of the signatures which were collected by a woman who lived on Old Bridge Road. Those people wanted to see the corner cleaned up. The Mayor then asked to hear from those who wished to speak. The following people spoke in opposition to the request for Variance No. 3254 and expressed their major concerns that a precedent would be set in so doing, that it would interfere with the rural atmosphere of the area, that a trail easement originally promised was not being provided~ that the structure pro- posed on the southerly lot was too close to the adjacent home: Mr. Ferrell Weber, representing Santa Ana Canyon Property Owners Association, 480 Via Vista (also, see his letter dated February 25, 1982, requesting that the matter be set for a public hearing--made a part of the record); Phil Joujon-Roche, 450 Via Vista; Kathy Andres, 150 South Mohler (owner of the property directly adjacent to the east of the subject property); Dennis Dike, 437 Country Hill Road. Dionne Hesketh, representing the City of Anaheim Trails Committee, 330 South Timken Road, confirmed what Mr. Joujon-Roche broached in his presentation, that on the original G. L. Lewis (developer) plan, there were two parcels that were not a part of the development and on both of those parcels, they still dedicated trails to the City of Anaheim, so that when the lots were developed at a later date, the trails would already be established. The property 302 City Hall, Anaheim, California - COUNCIL MINUTES - March 30, 1982, 1:30 P.M. involved was one of those parcels, and instead of a sidewalk, a trail was to be located on that side of the road and a sidewalk on the other side. Somewhere between when the property was sold, the trail was somehow eliminated from any plans. The original plan showed a trail on the east side of the drainage ditch with a bridge over the drainage ditch. After the foregoing presentations, Mr. Schwartze then made a summation, speaking to the concerns expressed. Relative to the horse trail issue, they would be happy to install the horse trail segment since it appeared it was a vital link in being able to get from the Mohler Drive area to the Santa Ana Canyon Road. If necessary, he would suggest a lesser improvement be required and instead, go with a rolled curb with an equestrian trail attachment onto that which would be appropriate for the area. The matter had not been dis- cussed prior to this meeting, but they would be happy to make the improvement to the horse trail, and if a bridge was needed to traverse the drainage ditch, they would also consider contruction of a bridge which they would discuss with the City, since it was City-owned property. Ms. Hesketh stated that relative to the suggestion made for continuing the trail, she would have to discuss the matter with the Trails Committee, but she felt what was being offered to be acceptable and would work. They would first have to determine if there was a road easement on that property. If so, they wanted to be sure the trail could still be augmented. They wanted to be sure the trail could still be accommodated if the road were widened. She confirmed that what Mr. Schwartz suggested would be adequate as long as the trail system met City standards, and that the houses were buffered somewhat from the trail and that a bridge was constructed over the drainage ditch which would then give them the complete trail. Miss Santalahti, Assistant Planning Director for Zoning, then clarified for the Mayor, after a brief discussion, that if the easement involving the curve in the road and the drainage ditch easement did not exist, the property would comply with Code for two lots. There being no further persons who wished to speak, the Mayor closed the public hearing. Mayor Seymour stated that although Councilman Bay set the matter for hearing, he did so at his (Seymour's) request in his absence. He set it on the basis that there were no unusual dedications or easements on the property after speaking to Mr. Weber. He did agree, as they had through the years, they did not want to start any precedent of granting undersized lots in the area. In this instance, in his opinion, subject to a bridle trail being worked out, the Variance being requested was reasonable and justified because of the easement to the northwest (drainage ditch) and the curve being cut off the property on the southern part of the property on the corner. Relative to the close proximity to Mrs. Andres residence because of the proposed home on the southerly lot, he asked Mr. Schwartze if the house could be reoriented in such a way as to mitigate the impact. 303 City Hall, Anaheim, California - COUNCIL MINUTES - March 30, 1982, 1:30 P.M. Relative to the latter, Mr. Schwartz stated it was possible for the house to be moved and the "footprint" changed, but he was trying to remain within the 30-foot setback on the front part of the property; the Mayor stated he would rather grant a variance on that side of the property than at the Andres side of the property. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Seymour, seconded by Councilman Roth, the City Council ratified the determina- tion 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, categori- cally exempt from the requirement to file an EIR. Councilman Bay was absent. MOTION CARRIED. Councilman Seymour offered Resolution No. 82R-167 fOr adoption, approving Variance No. 3254, as recommended by the City Planning Commission, including the following stipulations and conditions: construction of a fence at the owner's expense along the east property line of the most southerly lot (fence to end wherever lot line ends); construction of an equestrian trail on the entire westerly property line along Mohler Drive toward Santa Ana Canyon Road, including a bridge over the drainage ditch easement (the condition requiring the sidewalk to be amended requiring trail instead of sidewalk); "footprint" of the house on the southerly lot to be no closer to the easterly boundary than 15 feet; if there should be a road easement, that that easement be brought before the Council for a hearing to be given back to the property owner. Refer to Resolution Book. RESOLUTION NO. 82R-167: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3254. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour None Bay The Mayor declared Resolution No. 82R-167 duly passed and adopted. 123: CIMC0 DE MAYO FIE§TA: Request by Mr. Joel Cuerena, Chairman, ~or the use of La Palma Park, Glover Stadium and ~artin Recreation Center facilities and funding in the amount of ~1500 for the Fiesta to be held April 23 through May 2, 1982. On motion by Councilwoman Kaywood, seconded by Councilman Overholt, an agree- ment was authorized between the City of Anaheim and the Cinco De Mayo Com- mittee for the promotion of the annual Cinco De Mayo Fiesta, as recommended in memorandum dated March 22, 1982, from the Deputy City Manager, James Ruth, with $1500 to be appropriated from the Council Contingency Fund, with itemized bills to be presented to the City for payment. Councilman Bay was absent. MOTION CARRIED. 304 City Hall, Anaheim, California - COUNCIL MINUTES - March 30, 1982, 1:30 P.M. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Council- woman Kaywood, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. 118: CLAIMS AGAINST THE CITY: The following claims were filed against the City and action taken as recommended: Claims denied and referred to Risk Management: a. Claim submitted by James H. Vick and Adam Vick, a minor, for death of wife and mother, respectively, and personal property damages purportedly sustained due to negligent maintenance of traffic signal light demand coil at the intersection of Brookhurst Street and Lincoln Avenue, on or about December 6, 1981. b. Claim submitted by Transamerica Insurance Group (Gaines Electric Insured, Donna Vick, Deceased) for personal injuries and personal property damages purportedly sustained due to improperly maintained traffic signal at the intersection of Brookhurst Street and Lincoln Avenue, on or about December 6, 1981. c. Claim submitted by Robertshaw Controls Company for property damages pur- portedly sustained due to partial power outage at 1601 South Manchester Avenue, on or about January 25, 1982. Claim denied and referred to Bayly, Martin and Fay/San Antonio: d. Claim submitted by Martha Haiey for personal damages purportedly sustained due to actions of members of the Anaheim Police Department at 2025 West Cris Avenue, enroute to and at the Anaheim Police Station, on or about February 18 and 19, 1982. Claim allowed: e. Claim submitted by Jerome O. and Kristin W. Nelson for property damages purportedly sustained when a City Utility Crew, after repairing and replacing equipment for 1732 Stratford Circle, failed to completely clean out the ex- ~ensive sand condition, on or about December 12, 1981. (~235.96) 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 140: Anaheim Public Library--Minutes of February 17, 1982. b. 140: Anaheim Public Library--Monthly Statistical Report for February 1982. c. 105: Community Redevelopment Commission--Minutes of March 3, 1982. 305 City Hall, Anaheim, California - COUNCIL MINUTES - March 30, 1982, 1:30 P.M. d. 105: Public Utilities Board--Minutes of September 3 and November 5, 1981, and January 14 and March 4, 1982. e. 105: Project Area Committee--Minutes of March 9, 1982. 3. 108: PRIVATE PATROL APPLICATION: Application submitted by Maria Johanna Maniloff, Mariman Security, 1808 West Lincoln Avenue, to provide commercial guard and patrol services in the City (continued from the meeting of March 23, 1982), was approved in accordance with the recommendations of the Chief of Police. 4. 169: WESTRIDGE CIRCLE/RURAL RIDGE CIRCLE STREET AND SEWER RECONSTRUCTION, CONTRACT CHANGE ORDER NO. 1: Changing Times Enterprises, Inc., contractor, Account No. 11-790-6325-E0260. Authorization for Contract Change Order No. 1 in the amount of ~11,017.20, was approved in accordance with the recommendation of the City Engineer, bringing the original contract amount to $75,791.20. Councilman Bay was absent. MOTION CARRIED. 170: TENTATIVE TRACT NO. 11425 AND TENTATIVE TRACT NO. 11426: Anaheim Union High School District to (1) construct a 4-lot, 169-unit condominium sub- division on proposed RM-3000 zoned property bounded on the north by Broadway, east by the Library and Police Station, south by Santa Ana Street and west by Citron Street (submitted in conjunction with Reclassification No. 81-82-16 and Conditional Use Permit No. 2311 which will appear on the April 13, 1982, agenda under Planning Commission Consent Calendar) and, (2) construct a 2-lot, 97-unit condominium subdivision on proposed RM-3000 zoned property located south and east of the southeast corner of Lincoln Avenue and Citron Street (submitted in conjunction with Reclassification No. 81-82-17 and Conditional Use Permit No. 2312 which will appear on the April 13, 1982, agenda under Planning Commission Consent Calendar). Environmental Impact Report Nos. 248 and 249 were both certified as being in compliance with the California Environmental Quality Act on March 16, 1982, and the Planning Commission, at their meeting of March 22, 1982, approved Tentative Tract Nos. 11425 and 11426, subject to certain conditions. Mr. Jim Kulstad, 502 South Resh Street, asked the Council to request a review of the subject project, since there were many unanswered questions relative to it. Miss Santalahti explained for Councilwoman Kaywood that if they took no action on the Tentative Tracts today, the Reclassifications and Conditional Use Permits would be coming before the Council on April 13, 1982, and these Tenta- tive Tracts required approval of the Reclassifications. 306 City Hall, Anaheim, California - COUNCIL MINUTES - March 30, 1982, 1:30 P.M. Mr. Kulstad expressed concerns relating to the architectural design of the project, the noise barrier that was going to be constructed, the benefit of the project to the community, taxing of existing facilities and the demand that would be placed upon dwindling supplies of resources. He also suggested that this project could be isolated and made a development that would set an example for all developments to come after it by instituting solar heating, planting deciduous trees, using certain landscaping techniques so that lawns would not have to be watered, etc. A public hearing should be held to allow the community to make suggestions so that the development would have a minimal negative impact and a maximum positive impact. He was in favor of the project, but questioned whether a means would be provided to reduce some of the impacts that would occur. Mayor Seymour then explained for Mr. Kulstad that a number of meetings were held with the neighborhood by the developer before the project was even presented to the Planning Commission, followed by lengthy hearings at the Planning Commission level, and another before the City Council, where many of the concerns expressed by Mr. Kulstad were discussed and answered. He would not vote for another public hearing on that basis and also, due to the fact that the cost of housing continued to rise daily and a postponement for one more public hearing, redirection or change, would also change the price tags of the units. He did not consider that an acceptable tradeoff. Mr. Art McCaul, 4540 Campus Drive, representing Pacesetter Homes, developer of the.proposed project, then answered Mr. Kulstad's concerns regarding the architecture, sound barrier, the possibility of solar heating, deciduous trees, etc., as well as many other issues which had been covered, both at the staff level and in discussions with the community and at the various public hearings. After Mr. McCaul's presentation, no action was taken by the Council. CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 82R-168 through 82R-174, both inclusive, for adoption, in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. 158: RESOLUTION NO. 82R-168: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Anaheim Redevelopment Agency; Earle Y. Fong, et ux; Dean R. Olson, et ux.) 158: RESOLUTION NO. 82R-169: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W 2800-12, Anaheim Boulevard Widening) 158: RESOLUTION NO. 82R-170: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W 2800-38, Anaheim Boulevard Widening) 3O7 City Hall, Anaheim, California - COUNCIL MINUTES - March 30, 1982, 1:30 P.M. 158: RESOLUTION NO. 82R-171: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W 2800-62, Anaheim Boulevard Widening) 169: RESOLUTION NO. 82R-172: 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: CHANTICLEER ROAD CUL-DE-SAC E/O HACIENDA STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 01-792-6325-E2810. (Josip Kovac Construction) 169: RESOLUTION NO. 82R-173: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: STREET & SEWER RECONSTRUCTION, WESTRIDGE CIRCLE/RURAL RIDGE CIRCLE, TRACTS 7566, 7569, IN THE CITY OF ANAHEIM, ACCOUNT NO. 11-790-6325-E0260. (Changing Times Enterprises, Inc.) ~, 176: RESOLUTION NO. 82R-174: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND · SERVICE EASEMENTS. (81-22A, to abandon the easterly 6 feet of the existing~.~ 10-foot wide easement for ingress and egress located along the westerly property line of Lot 22 of Tract No. 2111, located on the north side of ' Crestwood Lane at 9701 West Crestwood Lane, public hearing to be held April'~.~'~i 20, 1982, at 3:00 p.m.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour None Bay The Mayor declared Resolution Nos. 82R-168 through 82R-174, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held March 8, 1982, pertaining to the following applications were submitted for City Council information. 1. RECLASSIFICATION NO. 81-82-13 AND CONDITIONAL USE PERMIT NO. 2292 (TENTA- TIVE TRACT NO. 11727, REVISION NO. 1): Submitted by Erwin H. W. and Wera P. Kersten, to establish a l-lot, 36-unit, 45-foot high condominium subdivision on proposed RM-3000 zoned property located on the south side of Crescent Avenue, west of Brookhurst Street, with the following Code waivers: (a) mini- mum building site area; (b) maximum structural height; (c) minimum landscaped setback; (d) minimum side yard setback; (e) minimum recreation-leisure area; (f) required type of parking spaces. 308 City~Hall, Anaheim, California - COUNCIL MINUTES - March 30, 1982, 1:30 P.M. Th~'C~ty Planning Commission, pursuant to Resolution Nos. PC82-31 and PC82-32, granted Reclassification No. 81-82-13, Conditional Use Permit No. 2292 (Tentative Tract No. 11727, Revision No. 1), and granted a negative declaration status. 2.~ RECLASSIFICATION NO. 81-82-15: Submitted by Ronald D. Park, et al, for a change in zone from RS-7200 and RM-2400 to CO, to construct a two-story office building on property located at the northwest corner of Center and Coffman Streets. The City Planning Commission, pursuant to Resolution No. PC82-34, granted Reclassification No. 81-82-15, and granted a negative declaration status. 3. CONDITIONAL USE PERMIT NO. 2300: Submitted by Richard C. Hunsaker, to permit retail sales on ML zoned property located at 2720 East Regal Park Drive. The City Planning Commission, pursuant to Resolution No. PC82-35, granted Conditional Use Permit No. 2300, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2302: Submitted by Lugaro Enterprises, Inc., to permit an automobile rental agency on CL zoned property located at 538 North Magnolia Avenue. Th~e~ity Planning Commission, pursuant to Resolution No. PC82-37, granted Conditional Use Permit No. 2302, and granted a negative declaration status. 5. CONDITIONAL USE PERMIT NO. 2303: Submitted by Herrick and Janice Hanson, to permit on-sale alcoholic beverages in a proposed restaurant on CL zoned property located at 5217 East Orangethorpe Avenue. The City Planning Commission, pursuant to Resolution No. PC82-36, granted Conditional Use Permit No. 2303, and granted a negative declaration status. 6. CONDITIONAL USE PERMIT NO. 2079 - REQUEST FOR TERMINATION: Submitted by Benner Sheet Metal, Inc., requesting termination of Conditional Use Permit No. 2079, to retain a contractor's storage yard on ML zoned property located at 2860 and 2872 Miraloma Avenue, as a condition of approval under Conditional Use Permit No. 2276. The City Planning Commission, pursuant to Resolution No. PC82-38, terminated Conditional Use Permit No. 2079. 7. CONDITIONAL USE PERMIT NO. 1835 - REQUEST FOR TERMINATION: Submitted by Budget Rent-A-Car, requesting termination of Conditional Use Permit No. 1835, to parmit automobile rental in an existing service station on proposed CR zoned property located at 1400 South Harbor Boulevard, as a condition of approval under Conditional Use Permit No. 2293. The City Planning Commission, pursuant to Resolution No. PC82-39, terminated Conditional Use Permit No. 1835. 309 City Hall, Anaheim, California - COUNCIL MINUTES - March 30, 1982, 1:30 P.M. 8. CONDITIONAL USE PERbIIT NO. 1736 - REQUEST FOR TERMINATION: Submitted Budget Rent-A-Car, requesting termination of Conditional Use Permit No. 1736,' to permit automobile rentals at a service station on proposed CR zoned proper- ty located at 1400 South Harbor Boulevard, as a condition of approval under~ 7~. Conditional Use Permit No. 2293. ~ ~ The City Planning Commission, pursuant to Resolution No. PC82-40, terminated Conditional Use Permit No. 1736. ~ 9 VARIANCE NO. 2688 AND VARIANCE NO. 2828 - EXTENSIONS OF TIME: Submitted~ by Theodore Todoroff, requesting extensions of time to Variance No. 2688 and ~ ~ Variance No. 2828, to permit a transmission and automobile repair facility at a service station site and to permit two outdoor automobile hoists on CG ~oned property located at the southwest corner of La Palma Avenue and Anaheim Boulevard. The City Planning Commission approved extensions of time to Variance No. 2688 and Variance No. 2828, to expire March 31, 1987. 10. RECLASSIFICATION NO. 77-78-45 - EXTENSION OF TIME: Submitted by Calvin Meekhof, requesting an extension of time to Reclassification No. 77-78-45,~to permit an 8-unit apartment complex on proposed RM-1200 zoned property locat~d'~-~ on the west side of Western Avenue, north of Ball Road. The City Planning Commission approved an extension of time to Reclassific8~$'~j No. 77-78-45, to expire March 13, 1983. ~ ~ ~ 11. CONDITIONAL USE PERMIT NO. 1775 - APPROVAL OF REVISED PLANS: Submitt~ ib¥,~ John Thomson and Frank E. Wilcox, requesting approval of revised plans Conditional Use Permit No. 1775, to expand a private educational institut~°n~ on RS-A-43,000 zoned property located at 631 South Western Avenue. The City Planning Commission approved the Revised Plans to Conditional Use~ ..... Permit No. 1775. No action was taken by the City Council on the foregoing items; therefore, ~'t~ actions of the City Planning Commission became final. CONDITIONAL USE PEP. MIT NO. 2296: Submitted 5y Cali{ornla Drive-in Theaters to permit swap meets at an existing drive-in theater on ML zoned property located at 1520 North Lemon Street, with the following Code waivers: (a) required improvement of parking areas; (b) minimum landscaped setbacks; (c) maximum fence height. The City Planning Commission, pursuant to Resolution No. PC82-33, granted, in part, Conditional Use Permit No. 2296, and granted a negative declaration .... status. The Planning Commission's action was appealed by Bryan Properties, and therefore, a public hearing would be scheduled at a later date. 310 City Hail, Anaheim, California - COUNCIL MINUTES - March 30, 1982, 1:30 P.M. 107/~2: ORDINANCE NOS. 4317 and 4318: Councilman Overholt offered Ordinance Nos~ '4317 and 4318 for adoption. Refer to Ordinance Book. ORDIN~NCE NO. 4317: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 7, BY ADDING THERETO CHAPTER 7.49, PERTAINING TO THE ESTABLISHMENT OF RESPONSIBILITY FOR UNSAFE OR UNSANITARY CONDITIONS OF A DWELLING UNIT. 120/142: ORDINANCE NO. 4318: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 6, CHAPTER 6.44 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SUBPARAGRAPH (i) TO SECTION 6.44.010.070.0116 AND ADDING THERETO SUBPARAGRAPH (v) ~0 SECTION 6.44.010.070.0124 PERTAINING TO NUISANCES. Ro~i "Call Vote: AYES: NOES: AB SE NT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour None Bay The Mayor declared Ordinance Nos. 4317 and 4318 duly passed and adopted. ORDINANCE NOS. 4319 and 4320: Councilman Roth offered Ordinance Nos. 4319 and 432~for first reading. ORDI~CE NO. 4319: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF Th~AHEIM MUNICIPAL CODE RELATING TO ZONING. (81-82-9, CO, northwest corner of State College Boulevard and Orangewood Avenue) O~.NANCE NO. 4320: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF TH~-~%N~HEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-32, CL, 823 South Beach Boul~a rd ) 1t~. MITO DELEGATION VISIT - MARCH 26-28, 1982: Council Members commented on the v~rious activities which they had attended that took place during the visit of the Mito Delegation under the Sister Cities Program. Ail agreed that the.weekend was a very successful and memorable occasion. 114: RETURN OF FUNDS DUE TO THE CITY OF STANTON: On motion by Councilman Seymour, seconded by Councilman Overholt, the City Manager was directed to prep~e an appropriate course of action for the return of $10,700 due the City of Stanton as a result of overpayment to Anaheim by the State. Councilman Bay was absent. MOTION CARRIED. (See minutes March 16, 1982, where the matter was initially discussed.) ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded the motion. Councilman Bay was absent. MOTION CARRIED. (6:35 p.m.) LINDA D. ROBERTS, CITY CLERK 311