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1971/11/0971-673 City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1971, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: AB SENT: PRE SENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson COUNCILMEN: Dutton ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Daoust CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Pro Tem Stephenson called the meeting to order. INVOCATION: Reverend John K. Saville, of St. Michael's Episcopal Church, gave the invocation. FLAG SALUTE: Councilman Don R. Roth led the Assembly in the Pledge of Al- legiance to the Flag. MINUTES: Minutes of the Anaheim City Council regular meeting held October 19, 1971, were approved on motion by Councilman Roth, seconded by Councilman Pebley. 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 Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $1,027,803.63, in accordance with the 1971-72 Budget, were approved. CONTINUED PUBLIC REARING - RECLASSIFICATION NO, 71-72-13 AND VARIANCE NO. 2289: Submitted by A.S.A.W.A. Corporation, requesting a change of zone from R-1 to C-1 to permit general offices in an existing residential structure at the northeast corner of Beach Boulevard and Rome Avenue, with waivers of: a. Ail parking must be provided to the rear of a residential structure. b. 6-foot masonry wall required between C-1 and R-1 lots. c. Maximum sign area. The City Planning Commission, pursuant to Resolution Nos. PC71-171 and PC71-172 denied said applications. Public hearing was scheduled October 5, 1971, at which time it was continued to this date at the request of the Applicant, to allow time to re- vise plans to be submitted to the City Planning Commission for review and recommendations. The City Planning Commission, at its meeting held November 1, 1971, after reviewing the revised plans, by Motion, reaffirmed its recommendation to deny Reclassification No. 71-72-13 and Variance No. 2289. Zoning Supervisor Charles Roberts noted the location of subject pro- perty, existing uses and zoning in the immediate area, and briefed the evidence submitted to and considered by the City Planning Commission. He advised that the revised plans submitted by the Applicant included removing the existing residential structure and constructing a medical office building on subject property which would extend onto the property to the north; however, the im- mediate plan would be to utilize the existing residential structure for com- mercial purposes, for a period of three years. Mr. Roberts further advised that the City Planning Commission, after reviewing the revised plans, had reaffirmed their recommendation of denial on the basis of the proposed land use,which was deemed inappropriate. 71-674 City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1971, 1:30 P.M Mayor Pro Tem Stephenson asked if the Applicant was present and wished to address the Council. Bill Asawa, 806 South Beach Boulevard, Agent for the Applicant, advised his company owns three-fourths of the property in the area from Rome Avenue to the apartment complex north of Stonybrook Drive, and plans are to develop the property north of Stonybrook Drive, then to develop the property south of the service station and incorporate subject property into that development. He stated he would stipulate to a three-year time limit if al- lowed to use the existing residential structure as a commercial enterprise, and would stipulate that the required 6-foot masonry wall between the C-1 and Residential Zones would be constructed, and would stay within the C-1 ordinance as far as signs were concerned; thus, the only waiver he would request would be parking. Mayor Pro Tem Stephenson asked if anyone wished to address the Council in opposition. Shirley Honeybourne, 2954 West Rome Avenue, stated she had re- searched the title on subject property, and found deed restrictions dated M~rch 10, 1955, prohibiting commercial use for a period of 25 years, and thereafter, only if a consenting petition signed by property owners within Tract No. 228 is filed, .could such use be allowed. In reply to Council questioning, the City Attorney advised in zoning land the Council is not bound by any such covenants, conditions and restrictions, although the Council, at times in the past has taken such deed restrictions into consideration and has required petitions from ad- joining property owners before granting a zone change. Shirley Swider, 2955 West Rome Avenue, objected to the proposed usage on the grounds it would create additional traffic which would be ha- zardous to the elementary and junior high school students from the area and the nearby apartments, who walk to school in this street because there are no sidewalks. She presented for perusal 6 photos of an automobile ac- cident where her home was hit. (The photos were returned to her.) Mrs. Swider also stated there are no signs posted to indicate there are schools in the area and cars usually travel about 40 miles per hour, using Rome Avenue to cut through from Dale Avenue to Highway 39, as there is no other through-street until Ball Road. She added that trucks are also using Rome Avenue to bypass Ball Road and Orange Avenue. The City Engineer indicated he would investigate and see that school signs are erected at appropriate locations. Councilman Pebley asked if it would be possible to have the Ap- plicant construct a block wall on the east boundary, dedicate all ingress and egress rights to Rome Avenue, and have access to subject property only from Beach Boulevard. He stated he felt if this was done the property would be appropriate for commercial zoning since all other property on Beach Boulevard for quite some distance, with the exception of that across Rome Avenue from subject property, is zoned either R-3 or Commercial. Mr. Roberts replied there have been instances where access rights have been required by the City on streets serving primarily residential neighborhoods. Mayor Pro Tem Stephenson invited the Applicant to again address the Council. Mr. Asawa advised he would stipulate to dedicating ingress and egress rights to Rome Avenue, although one of the conditions of the Aban- donment (No. 71-2A) of the service road on subject property was that the existing driveway off Beach Boulevard be curbed. 71-675 City Hall, Anaheim~ California - COUNCIL MINUTES - November 9, 1971, 1:30 P.M. It was determined sufficient evidence had been presented, and Mayor Pro Tem Stephenson declared the hearing closed. Councilman Roth recalled an earlier Tishman report that contended Anaheim would not be able to erect high-rise buildings as long as existing residential structures were allowed to be converted for commercial uses, and stated he was not opposed to the rezoning of the property, since he felt Beach Boulevard should be zoned commercial, but he was opposed to using the existing residential structure for commercial purposes. Councilman Stephenson stated he was in agreement with Councilman Roth, particularly so in view of the existing restrictions on the property. Councilman Thom stated he was opposed to changing the land use in a residential area. RESOLUTION NO. 71R-490: Councilman Thom offered Resolution No. 71R-490 for adoption, denying Reclassification No. 71-72-13. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. (71-72-13) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Resolution No. 71R-490 duly passed and adopted. RESOLUTION NO. 71R-491: Councilman Thom offered Resolution No. 71R-491 for .adoption, denying Variance No. 2289. ** - SEE RIGHT SIDE OF PAGE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY Roll Call Vote: OF ANAHEIM DENYING VARIANCE NO. 2289 AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Resolution No. 71R-491 duly passed and adopted. PUBLIC HEARING - ABANDONMENT NO. 71-6A: Public hearing was held on proposed aban- donment of an existing alley located north of Cypress Street, between Lemon Street and Anaheim Boulevard, requested by Pastor Gordon B. Francis, of Be- thany Church, and Helge Bratlof, pursuant to Resolution No. 71R-468, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer was submitted, recommending approval. Mayor Pro Tem Stephenson asked if anyone wished to address the City Council; there being no response, declared the hearing closed. RESOLUTION NO. 71R-492: Councilman Roth offered Resolution No. 71R-492 for adoption, approving Abandonment No. 71-6A, as recommended by the City Engin- eer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACA- TION AND ABANDONMENT OF THAT PORTION OF CERTAIN REAL PROPERTY DESCRIBED HEREIN. (71-6A - Alley located north of Cypress Street, lying between Lemon Street and Anaheim Boulevard.) 71-676 City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1971, 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: Roth, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Resolution No. 71R-492 duly passed and adopted. AMUSEMENT DEVICES PERMIT: Application filed by H.O. Williams, on behalf of Wil- tech Corporation, for amusement devices permit to allow Computa Golf games at Willie Barber Golf Center, 1501 South Anaheim Boulevard, was submitted and granted subject to provisions of Chapter 3.24 of the Anaheim Mnnicipal Code, as recommended by the Chief of Police, on motion by Councilman Pebley, seconded by Councilman Thom. MOTION CARRIED. CODE WAIVER - CUT SLOPES: Request of William J. Stark, Anaheim Hills, Inc., was submitted for a waiver of Anaheim M~nicipal Code Section 17.06.110 (limiting cut slopes on grading) and consideration of grading plans for Anaheim Hills, presently being reviewed by the Engineering Department, and also that consi- deration be given to defining administrative procedures for future grading plans of this nature. Zoning Supervisor Charles Roberts presented a report of the Develop- ment Services, Public Works and Engineering Departments, recommending the 50- foot maximum height limitation be waived for the grading plans presently b~ lng checked by the Engineering Department, and that the Hillside Grading Or- dinance be amended to eliminate the 50-foot height limitation and require that the tops of cut slopes be rounded and contoured, and the bottom of fill slopes also be rounded and contoured; that in order to accomplish the intent the following amendments be made to the Anaheim Mmnicipal Code, Chapter 17.06: SECTION 17.06.110 -- EXCAVATION - GENERALLY SUBSECTION (c) -- TERRACING - DELETE PRESENT WORDING ADD: Cut slope exceeding thirty feet but less than sixty feet in vertical height shall be terraced at approximately mid-height. Terraces shall not be less than six (6) feet wide, shall be constructed with imper- meable materials which shall include indigenous stone and/or paving, using medium or dark earthen tones (black, tan, sienna, umber, ochre, green) and shall carry water to a safe disposal area as approved by the City Engineer. A terrace shall be constructed for every thirty (30) feet of vertical height. The tops of all cut slopes, except those between contiguous building pads, shall be rounded and contoured to blend into the terrain with a radius approximately equal to one-half the vertical distance between a terrace or a building pad and the top of cut slope and as determined to be practical by the City Engineer, prior to approval of the grading plan. SECTION 17.06.120 -- FILLS - GENERALLY SUBSECTION (g) -- TERRACES - DELETE PRESENT WORDING ADD: Fill slopes exceeding twenty-five (25) feet but less than fifty (50) feet in vertical height shall be terraced at approximately mid-height. Terraces shall be not less than six (6) feet wide, shall be construc- ted with impermeable materials which shall include imdigenous stone and/or paving, using medium or dark earthen tones (black, tan, sienna, umber, ochre, green) and shall carry water to a safe disposal area as approved by the City Engineer. A terrace shall be constructed for every twenty-five (25) feet o£ vertical height. The bottom of all ~ill slopes, except those between contiguous building pads, shall be rounded and con- toured to blend into the terrain with compacted fill material as deter- mined to be practical by the City Engineer, prior to approval of the grading plan. 71-677 ~ity Hall, Anaheim~ California - COUNCIL MINUTES - November 9, 1971, 1:30 P.M. In reply to Council questioning, Mr. Roberts advised that there is no variance procedure connected with this request; that since this pertains to a requirement of subdivision regulations the Petitioner may approach the City Council at their request, and not the City Planning Commission. Mr. Roberts advised the Petitioners had indicated they planned to grade five to ten-acre building sites and offer them for sale to prospective developers. He added that the Engineering and Zoning Departments had discussed the situ- ation and agreed it was impractical to meet the 50-foot maximum height re- quirement on all cut or fill slopes. The City Attorney advised that the only change in the recommended rewording of the Code pertains to the requirement for rounding at the top of the cut slope and the bottom of the fill slope. The City Engineer stated that the reason for this rounding require- ment is to assure the slope blends into the natural terrain; that there may be an initial scar from this procedure at the time of development, but it would blend in in a matter of months or a few years, in some instances. Councilman Thom expressed concern that changing the Code may allow developers to change the hill and canyon terrain at will, and thus result in higher densities. Mr. Mmddox advised that if the terrain were not allowed to be changed to some extent the buildings in the area probably would have to be tall, thin ones; that permitting the cut and fill procedures recommended would result in larger pads for developing homes and thus would decrease the density of popu- lation. Mr. Roberts suggested that if the Council concurs with the recommen- dation to amend the ordinance, it might be appropriate to refer the matter to the City Planning Commission for their review and recommendations. On motion by Councilman Roth, seconded by Councilman Pebley, request to waive the 50-foot maximum height slope requirement for the plans for a por- tion of the 4,200-acre holdings of Anaheim Hills, Inc., in the Santa Aha Can- yon area, presently being checked by the Engineering Department, was granted and the amendment to Chapter 17.06 of the Anaheim Municipal Code, as recom- mended by the Development Services, Public Works and Engineering Departments were referred to the City Planning Commission for review and recommendation. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held October 18, 1971, pertaining to the following applications, were submitted for City Council information and consideration: VARIANCE NO. 2297: Submitted by S.V. Hunsaker, Jr., to permit subdivision of an existing parcel into seven lots on R-A zoned property (Resolution of Intent to M-1 - 61-62-69) located at the northwest corner of La Jolla Street and the future extension of Red Gum Street, with waiver of: a. Requirement that all lots have frontage on a dedicated street. The City Planning Commission, pursuant to Resolution No. PC71-203, granted said variance, subject to conditions. CONDITIONAL USE PEP~IT NO. 1268: Submitted by Roy L. Pina, to permit the ex- pansion of an existing educational institution on R-A zoned property located on the north side of La Palma Avenue, west of Onondaga Avenue, with waiver of: a. Minimum front setback, The City Planning Commission, pursuant to Resolution No. PC71-206, granted said conditional use permit, subject to conditions. 71-678 City Hall~ Anaheim, Cali£ornia - COUNCIL MINUTES - November 9, 1971, 1:30 P.M. CONDITIONAL USE PEP, MIT NO. 1269: Submitted by Milton Neiman, to permit on- sale beer and wine in conjunction with an existing restaurant on C-1 zoned property located on the east side of East Street, south of Romneya Drive. The City Planning Commission, pursuant to Resolution No. PC71-205, granted said conditional use permit, subject to conditions. CONDITIONAL USE PERMIT NO. 1270: Submitted by Melodyland Christian Center, to establish a pre-school for the trainable and educable mentally retarded in an existing church building on C-2 zoned property located on the south side of Lincoln Avenue, east of East Street. The C~ty Planning Commission, pursuant to Resolution No. PC71-202, granted said conditional use permit for a maximum of 75 students, subject to conditions~ The foregoing actions were reviewed by the City Council, and no further action taken. VARI~NCE NO. 2295 (TENTATIVE TRACT NO. 7587): Submitted by Anaheim Hills, Inc. and Texaco Ventures, Inc., proposing subdivision of subject property into 39 R-A zoned lots. County A1 zoned property is located in the Santa Ana Canyon, south of Walnut Canyon Reservoir, near the southeasterly terminus of Walnut Canyon Road, with waiver of: a. Minimum lot area. b. Minimum lot width. c. Minimum front yard. d. Minimum side yard. (Withdrawn) e. Minimum rear yard. (Withdrawn) f. Requirement that lots abut a public street. The City Planning Commission, at their meeting held October 18, 1971, pursuant to Resolution No. PC71-207, granted said variance, in part, subject to conditions. The foregoing action was reviewed by the City Council and no further action taken. TENTATIVE MAP, TRACT NO. 7587 (VARIANCE NO. 2295): Developer - Anaheim Hills, Inc. Property located in the Santa Aha Canyon area, south of Santa Bna Can- yon Road and Walnut Canyon Reservoir, and contains 39 proposed R-A zoned lots. The City Planning Commission, at their meeting held October 18, 1971, approved said tentative tract, subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 7587 is granted subject to the completion of Reclassification No. 70-71-33 and approval of Variance No. 2295, now pending. 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 in accordance with City Council policy, a 6-foot masonry wall shall be constructed on the east property line separating Lot Nos. 7, 8, 9, and 10 and Weir Canyon Connector, except that for corner Lot No. 7 said wall shall be stepped down to a height of thirty (30) inches in the re- quired front yard setback. Reasonable landscaping, including irrigation fa- cilities, shall be installed in the uncemented portion of the arterial high- way par~way the £ull distance of said wall, plan~ ~or said landscaping to b~ mubmitted to and subject to the approval of the Superintendent of Parkway Maintenance. Following installation and acceptance, the City of Anaheim shall assume the responsibility for maintenance of said landscaping. 4. That all lots within this tract shall be served by underground utilities. 5~ 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. 71-679 City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1971, 1:30 P,M. 6. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 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 drainage of subject property shall be disposed~of in a manner satisfactory to the City Engineer. 9. That grading, excavation and all other construction activities shall be conducted in a manner as to minimize the possibility of any silt originating from this project being carried into the Santa Aha River by storm water runoff originating from or flowing through this project. 10. That all proposed street sections and standards shall be ap- proved by the Planning Commission. The City Engineer recommended that if said tentative tract is ap- proved, Condition No. 10 be amended to read as follows: "10. That all proposed street sections, standards and rights~of- way shall be approved by the Planning Commission." On motion by Councilman Roth, seconded by CoUncilman Thom, Tenta- tive Map, Tract No. 7587 was approved, subject to the recommendations of the City Planning Commission, amended as recommended by the City Engineer. MOTION CARRIED. TENTATIVE MAP, TRACT NO. 7426, REVISION NO. 2: Developer - Adolph W. Lemke. Pro- perty located north of Santa Ana Canyon Road, east of Lakeview Avenue, contain- ing 36 p=oposed R-1 zoned lots. The City Council, at their meeting held August 17, 1971, approved said tentative map, subject to conditions. In view of the recent adoption of the Scenic Corridor Overlay Zone (SC), the City Planning Commission again reviewed said tentative tract and at their meeting held November 1, 1971, by Motion, deleted Condition No. 10 re- ferring to said overlay standards. On motion by Councilman Pebley, seconded by Councilman Thom, Condi- tion of approval No. 10 of Tentative Map, Tract No. 7426, Revision No. 2 was deleted. MOTION CARRIED. RESOLUTION NO, 71R-493 - DEEDS OF EASEMENT: Councilman Thom offered Resolution No. 71R-493 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Byron and Ruthe Allumbaugh; Carroll F. and Lula M. Barnhart; Fae E. Barron; East Anaheim Christian Church; William A. and Joan D. Eddy; Lee L. and Thelma F. Haderlie; Adnan S. and Barbara S. Khatib; Joe Pershing and Catherine Hilda Adele Lemons; Orange Unified School District; Standard Oil Company of California; Grace E. Williams; Mabel Ann Yorba; Dunn Properties Corporation.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth~ Pebley~ Thom and Stephenson None Dutton The Mayor Pro Tem declared Resolution No. 71R-493 duly passed and adopted. RESOLUTION NO. 71R-494 - EMINENT DOMAIN PROCEEDINGS: On recommendation of the City Attorney, Councilman Thom offered Resolution No. 71R-494 for adoption. Refer to Resolution Book. 71-680 City Hall, Anaheim~ California - COUNCIL MINUTES - November 9, 1971, 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE NECESSITY FOR AND DIRECTING THE ACQUISITION BY EMINENT DOMAIN OF REAL PROPERTY FOR PARK PURPOSES. (LITTLE PEOPLE'S PARK - FULK PARCEL) (South- east Corner Elm and Clementine Streets.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Resolution No. 71R-494 duly passed and adopted. PURCHASE OF EQUIPMENT - INTERMEDIATE SEDANS: The Assistant City Manager reported on informal bids received for the purchase of three Intermediate Sedans, one each for the Fire, Water and Parks Departments, as follows, and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT, NOT INCLUDING TAX McPeek Plymouth-Chrysler, Anaheim ......... $7,450.00 McCoy Ford, Anaheim .............. 7,820.82 Anaheim Dodge, Anaheim ................ 7,850.87 Councilman Stephenson, noting that these automobiles were not to be equipped with air conditioning, expressed the opinion that most of the cars used by City employees should be so equipped, although it was not ne- cessary in trucks. Councilman Pebley agreed. Mr. Davis stated he did not feel most of the cars for the Fire De- partment required air conditioning since they were used extensively on fast runs. Councilman Thom advised that he felt Administration should and would include such equipment in cars where it was deemed advisable. Mr. Davis advised that alternate bids had been received, and to add air conditioning to the bid of the low bidder would amount of $300.10 for each car. MOTION: On motion by Councilman Stephenson, seconded by Councilman Pebley, the City Manager's office was authorized to include air conditioning in City automobiles purchased if such equipment is deemed appropriate and effective. MOTION CARRIED° MOTION: On motion by Councilman Pebley, seconded by Councilman Thom, the low bid of McPeek Plymouth-Chrysler was accepted, air conditioning equipment authorized to be added to the autos designated for Water and Parks Depart- ments, the auto for the Fire Department to be evaluated by the City Manager's office and air conditioning equipment added administratively if appropriate. Purchase was authorized in the amount of $8,050.20, plus tax, including $600.20 for 2 air conditioning units. MOTION CARRIED. PURCHASE OF EQUIPMENT - POLICE UNITS: The Assistant City Manager reported on informal bids received for the purchase of 16 Police Units, as follows, and recommended acceptance of the low bid: VENDOR TOTAL NET McPeek Chrysler-Plymouth, Anaheim ..... $39,994.20 Anaheim Dodge, Anaheim ................ 43,365.50 McCoy Ford, Anaheim .................. 48,926.04 On motion by Councilman Stephenson, seconded by Councilman Roth, the low bid of McPeek Chrysler-Plymouth was accepted and purchase author- ized in the amount of $39,994°20, including tax, less trade-in. MOTION CARRIED. 71-681 City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1971, 1:30 P.M~ PURCHASE OF EQUIPMENT - STANDARD STATION WAGON: The Assistant City Manager reported on informal bids received for the purchase of one Standard Station Wagon, to be used as a Mail Wagon, as follows, and recon~nended acceptance of the low hid: VENDOR TOTAL AMOUNT,NOT INCLUDING TAX McPeek Plymouth-Chrysler, Anaheim ............ $2,909.00 McCoy Ford, Anaheim .................. 3,020.40 Anaheim Dodge, Anaheim ............. 3,033.49 On motion by Councilman Pebley, seconded by Councilman Stephenson, the low bid of McPeek Plymouth-Chrysler was accepted and purchase authorized in the amount of $3,209.10, plus tax, including $300.10 for air conditioning. MOTION CARRIED. PURCHASE OF EQUIPMENT - POLICE STATION WAGON: The Assistant City Manager reported on informal bids received for the purchase of one Police Station Wagon, as follows, and recommended acceptance of the low bid: VENDOR TOTAL NET PRICE McPeek Plymouth-Chrysler, Anaheim $2,635.76 McCoy Ford, Anaheim 2,738.00 Anaheim Dodge, Anaheim .................. 3,213.05 On motion by Councilman Pebley, seconded by Councilman Thom, the low bid of McPeek Plymouth-Chrysler was accepted and purchase authorized in the amount of $2,635.76, including tax, less trade-in. MOTION CARRIED. PURCHASE OF EQUIPMENT - SMALL UTILITY TRUCKS: The Assistant City Manager reported on the recommended purchase of 2 Cony Dropside Utility Trucks for Parks and Recreation, and advised that the supplier of the one manufacturer acceptable to the department, Hawaiian Motor Company, has submitted a quotation for said equipment in the amount of $3,190.00, plus tax. He thereupon recommended the purchase be authorized. On motion by Councilman Pebley, seconded by Councilman Thom, purchase was authorized in the amount of $3,190.00, plus tax, as recommended by the As- sistant City Manager. MOTION CARRIED. PURCHASE OF EQUIPMENT - TILT BED TRAILERS: The Assistant City Manager reported on informal bids received for the purchase of two Dual Axle Tilt Bed Trailers for the Street Maintenance Division, as follows, and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT, INCLUDING TAX Callahan Engineering Company, South Gate - $10,174.50 Pioneer Trailer Sales 12,045.60 Carde-Pacific Corp., Santa Fe Springs .......... 12,390.00 Utility Trailer Sales, Los Angeles ........... 14,200.20 Speed Cut, Inc., Oregon 15,750.00 On motion by Councilman Pebley, seconded by Councilman Roth, the low bid of Callahan Engineering Company was accepted and purchase authorized in the amount of $10,174.50, including tax. MOTION CARRIED. PURCHASE OF SERVICEg - REPAIR TO LINE TRUCK: The A~slstant City Manager reported on the recommended repairs to a line truck and adviaed that the one manufac- turing company, A.B. Chance Company (Pitman Manufacturing Company Division), has submitted a quotation for said service in the amount of $5,210.13, includ- ing tax. He thereupon recommended the repairs be authorized. On motion by Councilman Roth, seconded by Councilman Thom, repairs were authorized in the amount of $5,210.13, including tax, as recommended by the Assistant City Manager. MOTION CARRIED. 71-682 City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1971, 1:30 P.M. PURCHASE OF EQUIPMENT - SHIRTS AND CAPS: The Assistant City Manager reported on informal bids received for the purchase of 6,912 shirts and 3,984 caps for the Parks and Recreation Department, as follows, and recommended acceptance of the low bid. He advised that this expense is recovered since the equip- ment is sold to participants in the. recreation program: VENDOR TOTAL AMOUNT, INCLUDING TAX Wisser Sporting Goods, Anaheim ............ $8,423.86 Conlin Brothers, Inc., Whittier ............ 8,775.77 Boege's Sporting Goods, ~ullerton 9,082.21 On motion by Councilman Pebley, seconded by Councilman Thom, the low bid of Wisser Sporting Goods was accepted and purchase authorized in the amount of $8,423.86, including tax. MOTION CARRIED. PURCHASE OF EQUIPMENT - COMPRESSOR: The Assistant City Manager reported on the recon~ended purchase of one Compressor, and advised the one manufacturer pre- ferred by the Property Maintenance Division, Ingersoll-Rand Company, has sub- mitted a quotation for said equipment in the amount of $3,428.25, including tax. He thereupon recommended the purchase be authorized. On motion by Councilman Stephenson, seconded by Councilman Thom, purchase was authorized in the amount of $3,428.25, including tax. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Pebley, seconded by Councilman Thom: a. Before the Public Utilities Commission - Application of Loren B. Joplin and Robert A. Burrowes, doing business in the name and style of Los Angeles and Pico Rivera Consolidated Street Railways, for a Certificate of Public Convenience and Necessity to operate between certain points Orange, Anaheim, Huntington Beach and Litton Industries, Culver City. MOTION CARRIED. ORDINANCE NO. 2975: Councilman Roth offered Ordinance No. 2975 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAH~IMAMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (70-71-13(1) - Tentative Tract No. 7288 R-2) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Ordinance No. 2975 duly passed and adop- ted. ORDINANCE NO, 2980: Councilman Stephenson offered Ordinance No. 2980 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, PRO' VIDING FOR PROCEDURES FOR THE AUTHORIZATION, ISSUANCE AND SALE OF ELECTRIC BONDS OF SAID CITY AND ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON JANUARY 18, 1972, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY A PROPOSITION OF ISSUANCE OF ELECTRIC REVENUE BONDS. ($8,000,000.00) Roll Call Vote: 71-683 City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1971, 1:30 P.M. AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Ordinance No. 2980 duly passed and adopted. ORDINANCE NO. 2982: Councilman Pebley offered Ordinance No. 2982 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 3, CHAPTER 3.32, SECTION 3.32.050 ENTITLED "ENTERTAINMENTS NEAR CERTAIN INSTITUTTIONS - PROHIBITED - NO LICENSE TO ISSUE." Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Ordinance No. 2982 duly passed and adopted. ORDINANCE NO. 2983: Councilman Stephenson offered Ordinance No. 2983 for adop- tion. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (70-71-5(1) - M-I) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: AB SENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton ted. The Mayor Pro Tem declared Ordinance No. 2983 duly passed and adop- ORDINANCE NO. 2984: Councilman Thom offered Ordinance No. 2984 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM bRFNI- CIPAL CODE RELATING TO ZONING. (66-67-61(48) - C-R) Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Ordinance No. 2984 duly passed and adopted. ORDINANCE NO. 2981 - SAUNA BATH EMPLOYEES: Councilman Roth noted a petition dated November 5, 1971, requesting that Ordinance No. 2981,which had first reading November 2, 1971, be amended to permit massage trainees with 25 hours completed of a 200-hour course, to apply for a temporary permit as Massage Technician Trainee. On recommendation of the City Attorney, final reading of this or- dinance was deferred to allow the City Attorney's office to consult the Police Department on the advisability of amending the ordinance as reques- ted. 71-684 City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1971, 1:30 P.M. ORDINANCE NO. 2985: Councilman Thom offered Ordinance No. 2985 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-63 - SC) ORDINANCE NO. 2986: Councilman Roth offered Ordinance No. 2986 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-54 - C-l) STATUS - GOLDEN WEST AIRLINES - LOS ANGELES AIRWAYS - CIVIL AERONAUTICS BOARD APPLICATION: Report by the Development Services Department on the status of the application of Golden West Airlines, and Los Angeles Airways, Inc., before the Civil Aeronautics Board was ordered received and filed by general Council consent. SUPPLEMENTAL BUDGET: By general Council consent, action on the Supplemental Budget presented November 2, 1971, was deferred to the November 16, 1971 meeting. TRANSCONTINENTAL CREDIT SERVICE, INC. - UNCOLLECTIBLE ACCOUNTS: The City Attorney presented a proposal by Transcontinental Credit Service, Inc., and recommended the City Council authorize using this service for collection of accounts am- ounting to less than $2,000.00 that have been referred to the City Attorney's office for appropriate action by the Accounting Division as uncollectible, said service fees to be 50% of all funds collected. On motion by Councilman Pebley, seconded by Councilman Roth, authori- zation was granted as recommended by the City Attorney's office. MOTION CAR- RIED. HARMONY PARK FACILITY - TEMPORARY OPERATION: Councilman Roth invited David S. Collins to address the Council. Mr. Collins presented a letter requesting that the City Council make a determination that the dance hall operations in Harmony Park, 1514 West Broadway, were suspended, and that the dance hall permit issued still is valid, not discontinued, as stated in correspondence dated October 22, 1971 from the Development Services Department ordering discontinuance of the present dance hall operations. Mr. Collins advised there never was any intent to change the use of the property when it was leased for United States Post Office operation for a year while the downtown Post Office was being remodeled; that a con- siderable amount of money was spent in renovating the property on the basis of the dance hall permit received; that the Post Office operations were a non-conforming use and not an intervening conforming use as indicated by the Development Services Department. He added that the purpose of their dance hall was to provide wholesome recreation for youth and young adults. Mr. Collins asked that the City Council issue a letter to him stating his operation was no longer on notice of being in violation of the Code so that he could present it in the course of a court action pre- sently in progress on his property. The City Attorney advised that, in his opinion, use of the com- plete facility for a full year by the Post Office was a conforming use and thus the non-conforming dance hall must be considered a discontinued use. He added that, since a non-conforming use may not be discontinued and then resumed, it would be in order to require M~. Collins to apply for a conditional use permit; that to allow him to continue the dance hall ac- tivity without a conditional use permit would set a precedent for all such similar situations. Mr. Geisler stated that at the time the dance hall per- mit was approved, it was based on information received at that time that no other use was made of the property; the dance hall use was considered "suspended" now since it was discovered an intervening use, that of the Post Office, existed for a period of one year. 71-685 City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1971, 1:30 P.M In reply to Council discussion, Mr. Geisler advised it would be possible for the Council to permit the dance hall activities to continue pending the outcome of a proper conditional use permit application. Zoning Supervisor Charles Roberts advised that the illegal use of the property as a dance hall was called to the Development Services Depart- ment's attention by a complaint that patrons were parking on private property. Mr. Collins contended that since the adjoining property was fenced, there could be no parking on their property. He referred to an abandonment action (No. 69-25A) where a dead-end street, Adams Street, was abandoned and the entire area of the street returned to the adjoining property owner, which area subsequently was fenced. He further stated that the fencing of that former street area blocked off the back yard of his property so it could not be used for parking at this time. Following Council discussion, Councilman Roth moved that extension of Harmony Park dance hall operations be temporarily authorized, pending out- come on application for a conditional use permit that must be filed within 15 days from this date. Councilman Stephenson seconded the motion. MOTION CARRIED. ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Stephenson seconded the motion. MOTION CARRIED. Adjourned: 3:25 P.M. Signed ~ ~_ ~~-~ City Clerk