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1971/04/2771-241 ..City Hall, Anaheim, California - COUNCIL MINUTES - April 27, 1971~ 1:30 P.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCILMEN: Roth, Thom and Stephenson COUNCILMEN: Pebley and Dutton CITY MANAGER: Keith A. Murdoch ADMINISTRATIVE ASSISTANT: John Harding CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Daoust CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: ZONING SUPERVISOR: Charles Roberts Ronald Thompson Mayor Pro Tem Stephenson called the meeting to order. INVOCATION: Reverend Murray Morford, of the First Nazarene Church, gave the Invocation. FLAG SALUTE; Councilman Mark A. Stephenson led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATIONS: The following Proclamations were unanimously approved by the City Council: "United Cerebral Palsy Month" - May, 1971. "Jobs for Veterans Month" - May, 1971. "United States Air Force Mothers Week" - April 26 to May 1, 1971. MINUTES: Minutes of the Anaheim City Council Regular Meetings held April 6 and 13, 1971 were approved on motion by Councilman Thom, seconded by Councilman Stephenson. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen, unless after read- ing of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Roth seconded the motion. MO- TION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $1,023,122.65, in accordance with the 1970-71 Budget, were ap- proved. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1116 - AMENDMENT OF CONDITIONS: Sub- mitted by Daniel A. O'Farrell, Wrather Corporation, requesting amendment of Condition No. 8 of Resolution No. 69R-413, granting Conditional Use Permit No. 1116, to extend the five-year time limitation to fifteen years, for the establishment of a trailer park for recreational vehicles on C-R zoned pro- perty located on the west side of West Street, south of Ball Road. Report of the City Engineer was submitted, stating the requested extension of term would have no adverse effect on the Engineering Division, and recon~mending that the temporary sidewalk waiver granted subject property be rescinded and sidewalks constructed within thirty days. Mayor Pro Tem Stephenson asked if anyone wished to address the City Council; there being no response, declared the hearing closed. City Attorney Joseph Geisler recommended that, since the well site partly owned by Disneyland within this sidewalk area has not yet been dedi- cated, an additional condi~ion be made as follows: "Subject to complete dedication or satisfactory arrangement for a hold harmless in connection with the installation of sidewalks at ulti- mate sidewalk right-of-way." 71- 242 ~itv Hall, Anaheim, California - COUNCIL MINUTES - April 27, 1971, 1:30 P.M. RESOLUTION NO, 71R-158: Councilman Thom offered Resolution No. 71R-158 for adoption, amending Conditions No. 8 and 9 of Resolution No. 69R-413, extend- ing the time limitation from five years to fifteen years, subject to the fol- lowing conditions as recommended by the City Engineer and City Attorney: Condition No. 1. Sidewalks be constructed within thirty days. Condition No. 2. Complete dedication or satisfactory arrangements for a hold harmless, in connection with installation of sidewalks at ultimate sidewalk right-of-way. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 69R-413 GRANTING CONDITIONAL USE PERMIT NO. 1116 Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Thom and Stephenson None P~bley and Dutton The Mayor Pro Tem declared Resolution No. 71R-158 duly passed and adopted. PUBLIC HEARING - VARIANCE NO. 2246- Submitted by Andro Peterson, requesting per- mission to erect a 51-foot high, 499-square foot, free-standing sign on C-R zoned property located on the north side of Katella Avenue, east of Harbor Boulevard, with waivers of: a. Maximum permitted free-standing sign height. b. Maximumpermitted sign area. The City Planning Commission, pursuant to Resolution No. PC71-57, denied said variance. Appeal from action taken by the City Planning Commission was filed by Andro Peterson, Applicant and Jack Vodrey, Agent, and public hearing sched- uled this date. Zoning Supervisor Charles Roberts noted the location of subject pro- perty, which has a ll0-foot frontage on Katella Avenue, and briefed the evi- dence submitted to and considered by the City Planning Commission. It was noted that a similar sign request for Park Vue Motel had been denied, and if the mobile home park, which is now considered by the City Plan- ning Commission as a residential use was not located nearby, a 60-foot sign would be permissible on subject property. Mr. Roberts advised that reports and recommendations from a study initiated by the City Council on signs not now in conformance with the sign ordinance will be brought before the Council in the near future. Mayor Pro Tem Stephenson asked if the Applicant or his Agent wished to address the Council. Ordin Flogstad, Federal Sign and Signal Corporation, Agent, displayed an artist's rendering of the proposed sign and advised that the sign itself is 47-feet high, but a small decoration on top increases the height to 51 feet. He stated that a survey of the area had revealed that the height proposed for this sign was necessary to be visible from Katella Avenue, and contended it would not block visibility of other existing signs. Mr. Flogstad further advised that the area of the existing Park Vue Motel sign would be equal to abont 416-square feet on an approximate 85-foot frontage, which also exceeds the maximum permissible. Councilman Roth stated that since there already exist non-conforming signs in the area, he did not like to deny one person something that had been granted to others. 71-243 .City Hall, Anaheim, California - COUNCIL MINUTES - April 27, 1971, 1:30 P.M. Councilman Stephenson commented that, since the Park Vue Motel sign height request for a second free-standing sign was denied, now is the time to continue enforcement of the Sign Ordinance. Mayor Pro Tem Stephenson asked if anyone else wished to address the Council in favor of subject application. Andro Peterson, 415 West Katella Avenue, Applicant, advised that if, as the City Planning Commission had indicated, all of the non-conforming signs in the area are to be brought into conformance, he would stipulate that if allowed to erect the sign proposed, he would be willing to conform immediately when this change is made. He contended that the proposed sign would not block any existing signs because, except for one down the street, the proposed sign would be higher than the others; however, if he was made to conform with the existing Sign Ordinance, the sign to the east of his property would block his. Mr. Peterson further stated that the proposed sign was designed to complement the 190-room motel, which is now under construction. In reply to Councilman Stephenson's query, Mr. Peterson advised that most visitors to Anaheim know in advance where they intend to stay; however, the traffic in the Disneyland area makes it difficult to find a location while driving, and a sign clearly visible to motorists would help. Councilman Thom asked what the self-created hardship was that the City Planning Commission had referred to in its findings. Mr. Roberts advised that the original parcel of land was split, and a 150-foot by 250-foot portion was sold, on which a motel also was con- structed, and a sign on that lot is the size allowed for the original parcel, including subject property. Mayor Pro Tem Stephenson asked if anyone wished to address the Council in opposition; there being no response, declared the hearing closed. RESOLUTION: Councilman Thom expressed the opinion that the Sign Ordinance should be upheld, and thereupon offered a resolution for adoption, denying Variance No. 2246. The foregoing resolution failed to carry, having not received three affirmative votes as required by the City Charter. Roll Call Vote: AYES: COUNCILMEN: Thom and Stephenson NOES: COUNCILMEN: Roth ABSENT: COUNCIL~N: Pebley and Dutton Mayor Pro Tem Stephenson declared said Resolution failed to carry. Mr. Geisler recommended subject application be continued to a meet- ing at which a full Council would be present, at which time, if the Council desired, the hearing could be reopened, or the resolution re-introduced. MOTION: On motion by Councilman Thom, seconded by Councilman Roth, Variance No. 2246 was continued to May 18, 1971, 1:30 P.M., for decision. MOTION CARRIED. ORDER TO SHOW CAUSE - DINNER DANCING PLACE PERMIT - ININ CORPORATION (ELECTRIC CIRCUS): (Transcript of hearing taken by Meridee A. Skitch, Court Reporter, copy of which is on file in the office of the City Clerk.) On April 13, 1971, the City Attorney was directed to serve notice on the Inin Corporation, per- mittee, and operating agents that a hearing wc~ld be held this date to allow the permittee to show cause, if any, why the dinner dancing place permit at 937 South Knott Avenue, (Electric Circus), should not be revoked for failure to comply with the conditions of Anaheim Municipal Code Section 4.16.050. 71- 244 .~ity Hall, .Anaheim, California - COUNCIL MINUTES - April 27, 1971, 1:30 P.M. Public dance hall permit and dinner dancing place permit had been denied to Applicant, Electric Circus, on April 6, 1971. Odra L. Chandler, Attorney for the Inin Corporation, requested this hearing be continued to a date when a full Council would be present, and ad- vised they would be willing to waive the 10-day limitation in order to con- tinue the hearing. He further stated that he had requested a specification of the char- ges, which had been furnished by the City Attorney; however, he contended he had not had adequate time to prepare for this hearing since April 26, 1971, was the first opportunity he had to review the specifications of charges. On query by Councilman Stephenson, Mr. Chandler did not state a willingness to cease operation of Electric Circus until the hearing could be held before a full Council. By general Council consent, it was determined the hearing would proceed as scheduled. The City Clerk swore in the following persons to give testimony under oath: William Hopkins, Deputy City Attorney David Michel, Anaheim Chief of Police John R. Kolbo, Anaheim Police Detective Robert Schroeder, Anaheim Police Detective Ronald Wilkerson, 910 South Knott Avenue, Electrician (resident) A1 Young, 919 South Knott Avenue, Manager, The Purple Lion Restaur- ant William Walter Mitchell, President, Inin Corporation Edward H. Deam, Jr., Manager, Electric Circus; Secretary-Treasurer, Inin Corporation Linda Lorraine Hicks, Cashier, Electric Circus Cathy Colleen Gardner, Electric Circus employee Mr. Chandler referred to provisions of Anaheim Municipal Code Sec- tion 4.16.050 and asked for a specification of charges. Mr. Hopkins advised he believed testimony would show the basic char- ges to be: subject establishment is not a legitimate restaurant, at times a recording device was used for dancing, a charge or admission fee was made at the entrance, and that the noise and nuisance created is detrimental to the public welfare. Police Detective Kolbo replied to questions asked concerning state- ments contained in his intelligence reports (Exhibit A) and on his visits to Electric Circus April 6, 7, 8, 9, 12, 13, 14, 15, 16 and 19, 1971. Investigation reports prepared and referred to by Detective Kolbo during his testimony were submitted and ordered filed with the City Clerk. RECESS: Councilman Thom moved for a five-minute Recess. Councilman Roth seconded the motion. MOTION CARRIED. (3:15 P.M.). AFTER RECESS: Mayor Pro Tem Stephenson called the meeting to order, all Council- men being present, with the exception of Councilmen Pebley and Dutton. (3:25 P.M.). Anaheim Police Detective Robert Schroeder replied to questions con- cerning statements contained in his intelligence report (Exhibit B) and on his visit to Electric Circus on April 20, 1971. Investigation report prepared and referred to by Detective Schroeder during his testimony was submitted and ordered filed with the City Clerk. Ronald Wilkerson, resident, 910 S. Knott Ave., testified regarding the nuisance created by the Electric Circus operation. 71-245 City Hall, Anaheim, California - COUNCIL MINUTES - April 27, 1971, 1:30 P.M. A1 Young, 919 South Knott Avenue, Manager of The Purple Lion Res- taurant, testified he objected to the tremendous amount of traffic created by the Electric Circus operation, causing a shortage of parking space for his customers; and also, testified to former and present conditions created as a result of the Electric Circus operation. William Walter Mitchell, President, testified on the acquisition of the business, remodeling of the premises, and operation, and advised he entered into escrow on the purchase of the activity now known as Electric Circus on March 9, 10 or 11, 1971. He testified that all of the necessary inspections had been made and approved on Electric Circus with the exception of the final electrical inspection, which has been requested several times. Counselor Chandler entered into evidence a menu marked as Exhibit C, which was ordered filed with the City Clerk. Edward H. Deam, Jr., Manager of Electric Circus and an employee since March 10, 1971, reported on the operation of the business, particularly the availability of food. In summation, Deputy City Attorney William Hopkins contended Elec- tric Circus is not operating as a legitimate restaurant as defined in Anaheim Municipal Code Section 4.16.050 since meals of a substantial nature were not served the early part of April and only a few meals have been served since that time; that meals are not served to any great degree while dancing is permitted; there is an indication that the purchase of tickets is required at the entrance; the Electric Circus is detrimental to the public welfare based on the traffic problem, noise and litter; the Electric Circus is being operated more as a public dance hall than a dinner dancing place, and the location is not zoned for a public dance hall; and neighbors have complained about traffic and noise. Also, dancing and not dinner service is the primary objective of the establishment, with dinner more or less incidental. Attorney Hopkins requested the City Council revoke the dinner dan- cing place permit of Inin Corporation, as provided in Anaheim Municipal Code Section 4.16.070 on the grounds that it does not comply with requirements as specified in Anaheim Municipal Code Section 4.16.050, and the conduct does not comport with public welfare. In summation, Attorney Chandler contended the Inin Corporation has conformed substantially to everything required by code for a dinner dancing place permit, and in his opinion the City Council and City Attorney's office are dealing with pure semantics; the statutes say they must be able to serve food, not that food must be served, and the facilities, menu and stocks are on hand for this purpose. Mr. Chandler contended that if the statute in question is consti- tutional, it is being unconstitutionally applied against the Inin Corporation since the same things are being allowed in other establishments that are be- ing challenged at Electric Circus. Since Mr. Chandler was giving testimony in his summation, the City Attorney requested he also be sworn in and the oath was administered by the City ClerK. Mr. Chandler testified he had checked the Charter House (Hyatt House) the day before and Mr. LeMieux had informed him that their lounge, for which they have a dinner dancing place permit, does not serve food and they charge admission at the door of the lounge. Also, he had checked with a secretary at the Grand Hotel, who informed him there was a dinner dancing place permit for "Off Broadway" and the lounge, where no food is served, al- though they are prepared to serve food in those rooms. He stated that Inin Corporation, in his opinion, is not in sub- stantial violation of the dinner dancing place permit. 71-246 C~it¥ Hall, Anaheim, California - COUNCIL MINUTES - April 27, 1971, 1:30 P.M. He agreed there may be a technical violation, but contended it did not amount to a nuisance and the owner could have been cited for this viola- tion and taken to court. Both counselors having rested their case, Mayor Pro Tem Stephenson declared the hearing closed. The City Council requested Police Chief Michel to investigate the activities of the Hyatt House and Grand Hotel to determine if they are in violation of their permits. Councilman Thom stated that, from the testimony and reports presen- ted to the Council, in his opinion the Electric Circus is not operating as a bona fide restaurant, but as a beer bar. Councilman Stephenson agreed with Councilman Thom's statement. MOTION: On motion by Councilman Thom, seconded by Councilman Roth, the din- ner dancing place permit issued to Inin Corporation for 937 South Knott Ave- nue was ordered revoked immediately. MOTION CARRIED. Attorney Chandler asked if the $225.00 paid to the City for the li- cense for 937 South Knott Avenue would be refunded. Mr. Geisler advised he understood Inin Corporation had been operat- ing under the aforementioned license since December, 1970; if Mr. Chanler con- tended the facility has been operating since then without a license because it was never issued to them, then the $225.00 fee should be refunded. Also, Mr. Mitchell had operated the Elctric Circus at this address before it was a part of the Inin Corporation, and it would be difficult to transfer a license over and above an intervening ownership. In reply to Councilman Stephenson, Mr. Geisler advised that Elec- tric Circus could continue to operate as a restaurant and beer bar, but with- out entertainment or dancing. TOWN TOUR COMPANY _R~~D FARE C~kNGE: Owner's Notification of Change in Route and Schedule of Town Service Route No. 6, effective April 13, 1971, and Ow- ner's Notification of Rate Change No. 4, effective May 1, 1971, was submitted and approved on motion by Councilman Roth, seconded by Councilman Thom. MOTION CARRIED. PLANNING COMMISSION ITEMS; Actions taken by the City Planning Commission at their meeting held April 5, 1971, pertaining to the following applications, were sub- mitted for City Council information and consideration: VARIANCE NO. 2242: Submitted by C. M. Brooks, etal, proposing to subdivide subject property into 12 R-O zoned lots, located on the west side of West Street, north of North Street, with waivers of: (Tentative Tract No. 7198) a. Minimum required front setback. b. Minimum required side yard. c. Minimum rear yard. d. Minimum lot area. e. Minimum ground floor space. f. Minimum required setback from West Street. The City Planning Co~m~ission, pursuant to Resolution No. PC71-55, granted said variance, subject to conditions. CONDITIONAL USE. pERMIT NO, 1229: Submitted by Charles R. and Phyllis M. Tal- mage, to establish a storage facility for boats, trailers and recreational ve- hicles on M-1 zoned property located on the south side of Katella Avenue, op- posite the terminus of Howell Avenue, with waivers of: 71-247 City Hall, Anaheim, California - COUNCIL MINUTES - April 27, 1971, 1:30 P.M. a. Minimum required landscaped setback. b. Required 6-foot masonry wall. The City Planning Commission, pursuant to Resolution No. PC71-56, granted said conditional use permit, subject to conditions. VARIANCE NOt 2238: Submitted by August Viljak, proposing a 5-unit, two-story apartment complex on R-3 zoned property located on the west side of Illinois Street, north of Broadway, and further described as 207 South Illinois Street, with waivers of: a. Minimum number of required off-street parking spaces. (Withdrawn) b. Minimum required floor area. (Withdrawn) c. Minimum required setback. (Withdrawn) d. Minimum required side yard. e. Minimum required recreational area. The City Planning Commission, pursuant to Resolution No. PC71-54, granted Waivers d and e of said variance, subject to conditions. Waivers a, b, and c having been withdrawn as no longer necessary. CONDITIONAL USE PERMIT NO. 1228: Submitted by Robert Mooney, A.I.A., request- ing approval of revised plans for property known as Carrows Restaurant, on C-1 zoned property located at the northeast corner of State College Boulevard and Center Street; and further described as 100 North State College Boulevard. The City Planning Commission, by Motion, approved revised plans for said conditional use permit. The foregoing actions were reviewed by the City Council, and no fur- ther action taken. TENTATIVE MAP, TRACT NO. 7198 (VARIANCE NO. 2242): Developer - The McMichael Company; property located on the west side of West Street, north of North Street, and proposed for subdivision into 12 R-O zoned lots. The City Planning Commission, at their meeting held April 5, 1971, approved said Tentative Map, subject to the following conditions: 1. That approval of Tentative Map of Tract No. 7198 is granted subject to the approval of Variance No. 2242. 2. That should this subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative form for approval. 3. That subject property shall be served by underground utilities. 4. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 5. That drainage of Tract No. 7198 shall be disposed of in a man- ner that is satisfactory to the City Engineer. 6. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 7. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 8. That the cross section of Street "~' shall have a 40-foot curb to curb travel way and full 8-foot P.C.C. sidewalks, or that the width and location of the sidewalks shall be approved by the City Engineer. 9. That a 6-foot masonry wall shall be constructed along the west boundary of Lots 7 and 8 and the south boundary of Lot 8 (stepped down to 42" in the front setback of Lot 8.) 10. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along West Street for tree planting purposes. 71-248 .~ity Hall, Anaheim~ California - COUNCIL MINUTES - April 27, 1971~ 1:30 P.M. 11. That depending upon the determination of the City Engineer re- garding the width and location of the sidewalks along Street "~', the property owner shall either (a) pay to the City of Anaheim the sum of 15¢ per front foot along Street "A"; or (b) in-lieu of the normal street tree fees the developer shall plant a minimum of one (1), 15-gallon tree in the front yard of each lot of the subdivision; said trees shall be planted a minimum of 8 feet behind the sidewalk, shall be subject to the approval of the Superintendent of Park- way Maintenance, and shall be installed prior to final building and zoning inspection. The determination of which of the above alternatives will be em- ployed shall be left to the discretion of the City Engineer. On motion by Councilman Thom, seconded by Councilman Stephenson, Tentative Map, Tract No. 7198 was approved, subject to the recon~nendations of the City Planning Commission. MOTION CARRIED. TENTATIVE MAP~ TRACT NO. 7370: Developer - L.A. Muckenthaler; property located east of Lakeview Avenue and north of the Riverside Freeway; contains 41 pro- posed R-1 zoned lots. The City Planning Commission, at their meeting held April 19, 1971, approved said Tentative Map, subject to the following conditions: 1. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder, provided however, that no final tract map shall be approved until the Santa Aha River channel is improved to OCFCD standards or until a favorable flood hazard letter is obtained from the OCFCD. 2. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 3. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the build- ing permit is issued. 4. That should this subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative form for approval. 5. That all lots within this tract shall be served by underground utilities. 6. That McKinnon Drive, Maychelle Drive, and Street "A" shall be constructed with a 40-foot roadway and a 60-foot right-of-way. 7. That drainage of Tract No. 7370 shall be disposed of in a man- ner that is satisfactory to the City Engineer and the Orange County Flood Control District. 8. That a 6-foot masonry wall shall be constructed along the sou- therly property line between the tract and the Riverside Freeway. 9. That a 5-foot chain link fence shall be constructed along the north tract boundary. On motion by Councilman Thom, seconded by Councilman Roth, Tentative Map, Tract No. 7370 was approved, subject to the recommendations of the City Planning Commission. MOTION CARRIED. RESOLUTION NO. 71R-159 - AWARD OF WORK ORDER NO, 605-B: In accordance with re- cormnendations of the City Engineer, Councilman Roth offered Resolution No. 71R-159 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF T~ CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER~ AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMf PROVEMENT: THE BROOKHURST STREET - STREET IMPROVEMENT FROM APPROXIMATELY 400 FEET NORTH OF CRESCENT AVENUE TO APPROXIMATELY 280 FEET SOUTH OF LINCOLN AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 605-B. (R.J. Noble Company - $103,819.50 - Alternate B) 71- 249 City Hall, Anaheim, California - COUNCIL MINUTES - April 27, 1971, 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Thom and Stephenson None Pebley and Dutton The Mmyor Pro Tem declared Resolution No. 71R-159 duly passed and adopted. WORK ORDER NO. 612-B: Upon recommendation of the City Engineer, award of con- tract on Work Order No. 612-B, Beach Boulevard Storm Drain and Street Im- provement, was deferred to May 4, 1971, 1:30 P.M., on motion by Councilman Thom, seconded by Councilman Roth. MOTION CARRIED. RESOLUTION NO. 71R-160 - WORK ORDER NO. 619-A: Councilman Roth offered Resolu- tion No. 71R-160 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE KNOTT STREET - STREET IM- PROVEMENT FROM 660 FEET NORTH OF TO 387 FEET NORTH OF CERRITOS AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 619-A. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORI- ZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened May 20, 1971, 2:00 P.M.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Thom and Stephenson None Pebley and Dutton The Mayor Pro Tem declared Resolution No. 71R-160 duly passed and adopted. RESOLUTION NO. 71R-161 - WORK ORDER NO. 595-A- Upon receipt of certification from the Director of Public Works, Councilman Thom offered Resolution No. 71R-161 for adoption. Refer to Resolution Book. 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 COM- PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: FURNISHING, INSTALLING AND MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING ALONG BALL ROAD AT VARIOUS STREETS IN THE CITY OF ANAHEIM, FOR THE PURPOSE OF INTERCONNEC- TION, WORK ORDER NO. 595-A. (Smith Electric Supply) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Thom and Stephenson None Pebley and Dutton The Mayor Pro Tem declared Resolution No. 71R-161 duly passed and adopted. 71- 250 City Hall, Anaheim, California - COUNCIL MINUTES - April 27, 1971~ 1:30 P.M. RESOLUTION NO. 71R-162 - WORK ORDER NO. 426-297: Upon receipt of certification from the Fire Chief, Councilman Thom offered Resolution No. 71R-162 for adop- tion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL LABOR, SERVICES AND EQUIPMENT NECESSARY TO COMPLETE THE CUTTING AND REMOVAL OF ALL RANK GROWTH AND WEEDS AND REMOVAL OF RUBBISH, REFUGE AND DIRT UPON ANY PARCEL OR PARCELS OF REAL PROPERTY OR ANY PUBLIC STREET IN THE CITY OF ANAHEIM, WORK ORDER NO. 426-297, AS EXTENDED AND AMENDED BY RESOLUTION NO. 70R-546. (Harold Watts) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Thom and Stephenson None Pebley and Dutton The Mayor Pro Tem declared Resolution No. 71R-162 duly passed and adopted. WEED REMOVAL: Councilman Roth asked that the Fire Department check the weed situ- ation on the undeveloped land south of Disneyland, on West Street. PURCHASE OF SERVICES - CITY HALL ROOF: Administrative Assistant John Harding re- ported on informal bids received for reroofing City Hall, as follows, and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT Consolidated Roofing, Anaheim .......... $2,847.00 Ross & Barrows, Santa Ana .............. 3,041.00 Vance Roof Company, Fullerton ............ 3,100.00 On motion by Councilman Stephenson, seconded by Councilman Thom, the low bid of Consolidated Roofing Corporation was accepted, and purchase authorized in the amount of $2,847.00. MOTION CARRIED. CLAIMS AGAINST THE CITY: The following claims were denied, as recommended by the City Attorney, and ordered referred to the insurance carrier, on motion by Councilman Thom, seconded by Councilman Stephenson: a. Claim submitted by Patrick Sparkuhl, % State Farm Insurance, for purported personal property damage sustained on or about March 16, 1971. b. Claim submitted by Annette Ferris, Schrimmer Insurance Agency, on behalf of Walter A. Milczewsky, for purported personal property damage sustained on or about April 14, 1971. MOTION CARRIED. RESOLUTION NO. 71R-163 - LOS ANGELgS AND SALT LAKE RAILROAD COMPANY AND UNION PACIFIC RAILROAD COMPANY AGREEMENT; Councilman Stephenson offered Resolution No. 71R-163 for adoption. Refer to Resolution Book. A RESOLUTION 0P T~E CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO AGREEMENT C.L.D. NO. 10833 WITH THE LOS ANGELES AND SALT LAKE RAILROAD COMPANY AND UNION PACIFIC RAILROAD COMPANY AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES: COUNCILMEN: Roth, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley and Dutton The Mayor Pro Tem declared Resolution No. 71R-163 duly passed and adopted. 71-251 City Hall, Anaheim, California - COUNCIL MINUTES - April 27, 1971, 1:30 P.M. ATCHISON, TOPEKA AND SANTA FE RAILWAY AGREEMENTS Councilman Thom offered Reso- lution Nos. 71R-164 through 71R-166, both inclusive, for adoption. Refer to Resolution Book. ~ESOLUTION NO, 71R-164: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANA- HEIMAND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, RELATING TO THE PROPOSED INSTALLATION OF AN OVERHEAD ELECTRIC SUPPLY LINE AT MILE POST 39 + 0035.4 AT ATWOOD. RESOLUTION NO. 71R-165: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANA- HEIMAND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, RELATING TO THE PROPOSED INSTALLATION OF AN OVERHEAD ELECTRIC SUPPLY LINE AT MILE POST 0 + 3126.7 AT ATWOOD. RESOLUTION NO. 71R-166: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANA- HEIMAND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, RELATING TO THE PROPOSED INSTALLATION OF AN OVERHEAD ELECTRIC SUPPLY LINE AT MILE POST 40 + 3592.0 AT ATWOOD. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Thom and Stephenson None Pebley and Dutton The Mayor Pro Tem declared Resolution Nos. 71R-164 through 71R- 166, both inclusive, duly passed and adopted. CORRESPONDENCE; The following correspondence was ordered received and filed on motion by Councilman Thom, seconded by Councilman Stephenson: a. Orange County Planning Department Environmental Planning Division - Notice of Public Hearing - Santa Ana River/Santiago Creek Greenbelt Plan. b. Cultural Arts Commission - Minutes - March 11, 1971. MOTION CARRIED. ORDINANCE NO. 2925: Councilman Roth offered Ordinance No. 2925 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-22 - C-l) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Thom and Stephenson None Pebley and Dutton The Mayor Pro Tem declared Ordinance No. 2925 duly passed and adopted. ORDINANCE NO. 2926: Councilman Stephenson offered Ordinance No. 2926 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO PARKING. (No Parking At Any Time - Portions of La Palma Avenue) RESOLUTION OF OPPOSITION - SENATE BILL 333: The City Manager read in full a proposed Resolution opposing Senate Bill 333, providing for compulsory and 71-252 City Hall, Anaheim, California - COUNCIL MINUTES - April 27, 1971~ 1:30 P.M. binding arbitration of wages, hours and other conditions of employment for policemen and firemen, and recommended adoption. Councilman Roth offered said Resolution for adoption, copies to be forwarded to Governor Reagan and members of the State Industrial Relations Cormnittee. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Thom and Stephenson None Pebley and Dutton Mayor Pro Tem Stephenson declared said Resolution unanimously adopted. AGREEMENT~ HUGHES AIRCRAFT COMPANY,- POLICE DEPARTMENT FIELD COMMAND POST: The City Manager submitted a proposed letter agreement between Hughes Aircraft Company and the City of Anaheim, relative to preparation and submittal of a Grant Ap- plication to the California COuncil on Criminal Justice for a Police Department Field Command Post, preliminary action for which was authorized by the City Council on April 20, 1971. Mr. Mnrdoch explained that this letter agreement clarifies and pro- vides that if a Grant is approved and the project is to be entered into, the City of Anaheim will agree to negotiate a fixed price contract for the ap- proved items as proposed by Hnghes Aircraft Company, at no risk or cash ex- pense to the City. Councilman Stephenson stated that, although he had approved the first action on this proposed Federal Grant Application, he now believed such an application may be a deterrent to any future application for such necessary projects as Urban Renewal. On motion by Councilman Roth, seconded by Councilman Thom, the City Manager was authorized to execute said agreement on behalf of the City of Ana- heim. To this Motion, Councilman Stephenson voted "No." MOTION CARRIED. ADJOURNMENT: Councilman Thom moved to adjourn. Councilman Roth secondedthe mo- tion. MOTION CARRIED. ADJOURNED: 6:10 P.M. Signed City Clerk