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1970/02/1070-68 City Hall~ Anaheim~ California - COUNCIL MINUTES - Februqry 10~ 1970~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRE SENT: ABSENT: PRESENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark COUNCILMEN: None CITY MANAGER: Keith A. Murdoch ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Williams CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Clark called the meeting to order. INVOCATION: Reverend Murray L. Morford, of the First Nazarene Church, gave the Invocation. FLAG SALUTE: Councilman Schutte led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATIONS: The following Proclamations were issued by the Mayor and unani- mously ratified by the City Council: a. "National Beauty Salon Week" - February 8, 1970. b. "Electrical Week" - February 8, 1970. MINUTES: Minutes of the Anaheim City Council Regular meeting held January 27, 1970, and Special meeting held January 29, 1970, were approved on motion by Council- man Pebley, seconded by Councilman Krein. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Schutte 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 reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Krein seconded the motion. MOTION UNANI- MOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $425,832.50, in accordance with the 1969-70 Budget, were approved. PUBLIC HEARING - VARIANCE NO. 2144: Submitted by I.M. Rannow, requesting permission to continue use of said property for a commercial produce market; property zoned R-A, and located at the southwest corner of Cerritos Avenue and Euclid Street. The City Planning Commission, pursuant to Resolution No. PC69-261, denied said variance. Review of action taken by the City Planning Commission was ordered by the City Council and public hearing scheduled this date. The City Clerk reported receipt of petitions favoring said variance, purportedly containing 4,115 signatures, and a letter of opposition received yesterday from Mrs. Carolyn Dales. Mr. Charles Roberts, with the aid of a sectional zoning map, noted location of subject property and reported existing use of the property is the produce market at the southwest corner, the single-family residence of the owner, and agricultural use on the balance of the property. He reported zon- ing and existing uses in the immediate area of the subject property. Mr. Roberts further reported that the produce market has been in existence on the property for several years, and the reason the variance is before the City Council is because last October the operator obtained a re- roofing permit for the stand and as a result, demolished the former stand, replacing it with the new structure. Upon inspection of the new structure, a number of zoning, building, plumbing, electrical and health code infrac- tions were discovered. As a result, the operator was advised that the use was an illegal use, rather than a non-conforming one, and that his only re- 70-69 City Hall~ Anaheim.~ .California - COUNCIL M~NUTES - FebruarY 10, 1970, 1:30 i~oM. course to continue this activity would be to obtain an approved variance, establishing the use as a "legal use," and as a "permanent use." Mr. Roberts briefly summarized the meeting held before the City Planning Commission, noting their findings upon which the variance was de- nied. Councilman Dutton asked if the building has been brought into conformance with the existing City and State Codes. Mr. Geisler explained that in accordance with the zoning and the applicable use of the property, a temporary stand may be used for sale of produce grown on the property, and that this activity has developed into one whereby the primary sales are produce not grown on the property. A temporary stand was described as one not attached to the ground, and not available for walk-in trade. Mr. Geisler further reported that no building permit could be is- sued for a permanent structure until the City Council determines the Use to be a proper use. Staff inspections were made only to determine if the structure was reasonably sound, pending inspection by the City Council on the necessary variance; that before the building could be brought up to Code standards he would first have to have the right to use it. Councilman Pebley asked the City Attorney if the City would incur liability in the event of an injury should the sub-standard building be ap- proved. Mr. Geisler briefed the Government Tort Act, and explained the authority of the City Council in granting variances pertaining to use of the property and further advised the City Council has no authority to grant variances from the Building Code; however, the City Building Codes can be amended by the City Council, but any amendment must apply to everyone. He reported that according to his understanding, subject building was con- structed without a building permit, or any inspection, and on preliminary inspection it was indicated the building does not meet Code requirements, as the basic foundation is inadequate. Further, the State Health Law, for a commercial activity, which cannot be waived by the City Council, would require rest rooms connected to the sewer. An intentional.act on the part of the City in waiving these requirements-probably would be investigated by the Grand Jury as malfeasance in office. Councilman Schutte advised of his investigation of the situation, reporting that the operator agreed to meet whatever the CitY required. In his opinion, the present stand was a great improvement over the former stand. DiscusSion was held relative to the possibility of amending the Zoning Code to provide for this type of activity as an interim use by var- lance for a certain period of time on R-A property comprising 5 or more acres, subject to necessary dedications for street widening, and instal- latton of engineering improvements, such as sidewalks, curbs and gutters. This provision would then apply to all vacant land and would not be estab- lishing a precedent or grant'~a priyilege~not available to otherS. Councilman SchUtte questioned the necessity of installing curbs and sidewalks for an interim or temporary use. The Mayor asked if anyone wished to .address the Council. Mr. Herman Margulieux, 1525 South Euclid Street, operator of the produce stand'and lessee of the property, addressed the COuncil, advising that he has the Power of Attorney necessary to grant easement rights. He stated he would comply with any reasonable demands of the CitY; that he violated the law unknowingly. 70-70 Cit~. Halla Anaheima California .- ~OUNCIL MINUTES - February 10~ 1970~ 1:30 P.M. Councilman Clark noted that according to reports received, when the Roofing Permit was obtained Mr. Margulteux was advised that no other altera- tions were to be made, to which Mr. Margulieux agreed. Mr. Margulieux stated that the Roofing Permit was for a 30-foot by 60-foot roof, and when the old roof was removed it was found the sides had to be reinforced. Electrical work was performed by a bona fide electrician - fire inspections were made; and on the second inspection Health Department and City Building Department approvals were obtained. Councilman Dutton called attention to a qualified statement made by Mr. Margulieux of his "willingness to do anything within reason," and asked who was to determine what was withim reason? Mr. Margulieux replied that he would meet anything required by Code, short of demolishing the building. Mayor Clark called for testimony from Mr. Lester King, City of Anaheim Building Inspector, as to the condition of the structure. Mr. King, in answer to questions asked, reported that at the present time very few corrections have been made; only those determined most critical to the safety of the public, and. much work will be required to bring the build- ing up to minimum Code Standards. Under the Building Code, the building can- not be classified as a "temporary structure." There is no evidence that the building is on a foundation. Since the first inspection, additional work was done without authorization, such as plumbing installed which drains onto the ground. Posts of the building are imbedded in the ground and are not the pro- per type of material that will stand for more than 2 or 3 years. Further, it is not known how the building is fastened to the slab floor, because connec- tions are covered. Mr. Margulieux reported that the slab floor is a minimum of 8 inches to 10 inches thick, and building connections may be inspected from the inter- ior of the building, which is open. Mr. Benjamin A. Lujan, 1709 West Cris Street, addressed the Council, objecting to the use for the following reasons: SAFETY TO CHILDREN: He related an injury experienced by his three year old daughter, caused by a dirt clod being thrown by a child from the mar- ket property. TRASH ON THE PROPERTY: He reported an abandoned refrigerator in an unsafe condition stored near his property and removed only after being reported to the City Planning Department. Pictures were submitted and reviewed by the City Council. UNSAFE PEDESTRIAN CONDITIONS: No sidewalks and danger of being struck by automobiles entering o~ leaving the property~ DEVALUATION OF PROPERTY: Incompatible to the neighborhood in its present condition. NOISE - FLIES AND DUST: Causing personal displeasures. ~ At the conclusion of the presentation, Mr. Lujan urged the variance be denied and referred to the petition of opposition containing 50 signatures, submitted to the City Planning Commission. Mr. Donald Maloney, 1703 West Cris Street, resident at this location over 11 years, advised that when he purchased his home at this location the stand and business were small, but this, however, is no longer the case and that sale of products grown only on the property is the furthest thing from what is being done. 70-71 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 10, 1970, 1:30 P.M. Mr. Maloney stated that, in his opinion, building permits are re- quired for the sole purpose of inspecting the structure while'under construc- tion. He questioned how the new building could be constructed "by mistake." Mr. Maloney further advised that from his backyard he could touch the "out house." That next to his fence, which is well within his property, therefore on his property, against his fence, there Ere stored unsightly crates, and in the past signs have been nailed to his fence. Mr. Maloney stated that in the summertime, to utilize his back- yard, they must contend with dust, flies, and the unsightly view of the out house and trash stored on the property. Mr. Maloney felt Commercial Zoning should be obtained to allow this commercial use to continue, so that the standards of the C~mmercial Zone are complied with. In his opinion, the answer to the problem was not by the variance procedure.' He further advised that he also would like to see the business continue, but on a legal basis. RECESS: Councilman Krein moved for a 10-minute Recess. Councilman Pebley seconded the motion. MOTION CARRIED. (3:07 P.M.) AFTER RECESS: Mayor Clark called the meeting to order, all members of the City Council being present, and the Public Hearing on Variance No. 2144 re- sUmed. Mayor Clark asked if anyone had any different evidence to present. Mrs. Louise Meteer, 1616 South Euclid Street, resident of the Del Prado Mobile Home Park, advised that she realized the City Council con- siders free enterprise and must also adhere to the law in rendering decis- ions. Regarding the fly problem, inspection she had made of the produce stand at various times of the year, and in all kinds of weather, revealed there was never any undue amount of flies. She felt if the neighbors were being bothered with flies that the source originates under the Edison Com- pany easement, running parallel to the mobile home park, where tenants walk their dogs. Regarding dust, Mrs. Meteer reported that she is an asthmatic, and for a long period of time could not patronize the stand because of this situation, however, with the installation of gravel around the stand, she can again purchase from the stand. Regarding traffic, it was the opinion of Mrs. Meteer'.that the produce stand actually slows traffic and that the removal of the stand would in no way add to the safety of the children in the area. In conclusion, Mrs. Meteer advised that in her opinion, and of many others, Mr. Margulieux deserves every consideration. Mr. Mullin, 526 South Bond Street, approximately 6 miles from subject location, advised that the reason for his appearance was to take issue with the Building Code. He referred to an article written by Mrs. Joe Heineman, concern- ing litigation decided by the Supreme Court, favoring a citizen's privacy and requiring search warrants for housing and health inspections. He asked if the City Attorney was familiar with the case. Mr. Geisler replied in the affirmative as to the decision of the case, and thereupon explained the referred-to case and how it differs from the issue before the City Council. Councilman Pebley asked how the decision of the Supreme Court on this case could possibly apply to the existing situation, in that inspec- tion8 were made at the request of Mr. Margulieux. 70-72 City H~ll, Anaheim~ California - COUNCIL MINUTES - FebruaF¥ 10~ 1970~ 1:30 P.M. Mr. Geisler advised that Mr. Mullin unknowingly was assuming things not in evidence or true. Mr. Mullin also objected to the ordinance limiting the sale of pro- ducts grown on the property, and felt this singled out and restricted the vege- table business. Mr. Fran~ Clayton, 1516 South Euclid Street, urged the granting of a C-1 zoning, so that a proper building could be constructed and the business conttnue,.and further urged that the City Planning Commission's actions be sustained so that the existing conditions can be corrected. Mr. Giese, cousin of the owners of the property, reported that the only source of income to the retired ladies, ages 92 and 81, was from a teacher's pension and the revenue from the lease of subject p=oduce stand, and if the business was closed it would eliminate a very important source of their livelihood. Mrs. Betty J. Marquarth, 1665 South Nutwood Street, addressed the Council, advising that in a layman's decision of a temporary building, the produce stand would qualify as a good temporary building. In her opinion, the business should continue. It was the opinion of the Mayor and the City Council that sufficient evidence had been presented; thereupon the Mayor declared the hearing closed. Council discussion followed, and Councilman Dutton was of the opin- ion that the existing building was better than the former one, and asked what action could be taken to allow this activity to continue, without granting a privilege that is denied to everyone else. Mr. Geisler advised that one method would be to alter the building to meet the temporary building definition, whereby patrons ~a3uld not be per- mitted within the temporary structure, and if it is operated as a comme~¢~ml building, one very definite Health Code provision would'require'public rest rooms, connected to the sewer. In relating the history of this issue, Mr. Geisler reported that after a stop order was issued, pending Council decision on the variance, plumbing was installed and a canopy erected, in violation of the stop order. Further, that no one can advise Mr. Margulieux what must be done until the Council acts on the requested variance. Councilman Krein recognizing no one wanted the man to be required to cease business, suggested Council decision be postponed to allow the City Attorney and City Manager to evaluate and report possible alternatives and reasonable solutions to the problem for further Council consideration. At the conclusion of further discussion, Councilman Krein moved that Council decision be continued two weeks (February 24, 1970, 1:30 P.M.) Coun- cilman Clark seconded the motion. MOTION CARRIED. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1148: Submitted by the Orange County Water'District, to permit On-Sale Beer in conjunction with the operation of a concession facility for fishing patrons. R-A zoned property, located on the north side of Miraloma Avenue, east of Miller Street, and further described as Anaheim Lake or the Crill Basin (Resolution of Intent for M-1 Zoning, Re- classification No. 61-62-69). The City Planning Commission denied said conditional use permit, pur- suant to Resolution No. PC69-259. Appeal from action taken by the City Planning Commission was filed by Russell S. Cleary, Agent, and public hearing before the City Council sched- uled this date. Zoning Supervisor Charles Roberts noted the location of subject pro- perty and the existing uses and zoning in the immediate area. He summarized the evidence submitted to and considered by the City Planning Commission, and the findings made by the Commission in denying subject conditional use permit.. 70-73 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 10~ 1970~. 1:30 P.M. The City Clerk called attention to communication dated January 19, 1970, from the Anaheim Park and Recreation Commission, expressing sup- port of the Planning Commission recommendation, and a communication dated February 5, 1970, from the Orange County Planning Department, offering no comment on the subject application. Mayor Clark asked if the Agent was present and wished to address the City Council. Mr. Russell S. Cleary, operator of the fishing facility, addres- sed the Council, briefly describing the operation and advised that the Lake is shut down during the early summer months for drainage and restocking. He further advised that he had operated the Irvine Lake facility for the past seven years, including sale of beer on the premises, and no problems had been experienced as a result of the sale of beer. In his opinion, the granting of such a license would make the fishing operation complete. The Mayor asked if anyone else wished to address the City Council; there being no response, declared the hearing closed. The City Attorney briefly explained terms of the existing lease between the City of Anaheim and the Petitioner for the operation, which would allow On-Sale Beer, but prohibits the sale of alcoholic beverages. RESOLUTION NO. 70R-75: Councilman Krein offered Resolution No. 70R-75 for adoption, reversing the action taken by the City Planning Commission, and granting subject conditional use permit, subject to the condition that the property shall be developed in accordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, and 3. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1148. Roll Call Vote: AYES: NOES: AB STAINED: AB SENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Pebley and Clark None Schutte None The Mayor declared Resolution No. 70R-75 duly passed and adopted. REQUEST - USE OF TRAILER~ JEHOVAH'S WITNESSES: Request of Art M. Carrizosa, Presiding Minister, Jehovah's Witnesses, dated January 12, 1970, for a one-year extension of time for the temporary use of a trailer as a com- bination office and living quarters, at 3320 West Orange Avenue, was sub- mitted together with report of the Development Services Department, Zon- ing Division, and report of the City Engineer, recommending approval. On motion by Councilman Krein, seconded by Councilman Dutton, request was ap- proved. MOTION CARRIED. REQUEST - DANCE THEATRE: Request of Mrs. Russell Mathewson, on behalf of the Dance Theatre of Orange County, a non-profit organization, for waiver of business license for a dance theatre, at 110 East Lincoln Avenue, was sub- mitted together with report from the License Department. Waiver of business license was granted on motion by Councilman Dutton, seconded by Councilman Krein. MOTION CARRIED. AMUSEMENT DEVICES PERMIT: Request of William E. Walte, for permit for a "Com- puter Quiz" and a "Question and Answer Game," to be installed at various undetermined locations was submitted and approval recommended by the Chief of Police, subject to provisions of Chapter 3.24 of the Anaheim Municipal Code. 70- 74 City Hall~ Anahei~ California - COUNCIL MINUTES - February 10~ 1970~ 1:30 P.M. Discussion was held, it being noted that no specific location was indicated on said application. Applicant advised of a contract with Brunswick to install these 'machines in various bowling alleys. In conclusion thereof, no action was taken, and Applicant was ad- vised to reapply, listing specific locations in which the machines are to be installed, in accordance with Code requirements. DINNER DANCING PLACE PERMIT: Application filed by Bowaljo, Inc., dated January 27, 1970, for dinner dancing place at 409 West Katella Avenue, King's Row, was submitted and granted on recommendation of the Chief of Police, subject to provisions of Chapter 4.16 of the Anaheim Municipal Code, on motion by Councilman Krein, seconded by Councilman Pebley. MOTION CARRIED. ENTERTAINMENT PERMIT: Application filed by James Robert Fite, January 26, 1970, for entertainment permit to allow "Topless Go-Go Dancers On Stage," at The Candy Store, 1116 Fountain Way, was submitted and denied on recommendation of the Chief of Police, on motion by Councilman Dutton, seconded by Council- man Pebley. MOTION CARRIED. ENTERTAINMENT PERMIT: Application filed by Thelma Stewart on January 28, 1970, for entertainment permit to allow Western Music at The Spur, 1777-A West Lincoln Avenue, was granted for one year, on recommendation of the Chief of Police, subject to provisions of Chapter 4.18 of the Anaheim Municipal Code, on motion by Councilman Dutton, seconded by Councilman Krein. MOTION CARRIED. ~ROVAL OF P~ANS - MELODYLAND: The Christian Center Church requested approval of remodeling plans for one of the Melodyland structures, and for permission to locate approximately lO,O00-square feet of mobile modular units on a por- tion of the Melodyland parking lot. On recommendation of the Development Services Department, approval was granted for remodeling plans and temporary use of trailers for a 10-month period, on motion by Councilman Krein, seconded by Councilman Schutte. MOTION CARRIED. PUBLIC IMPROVEMENT PROJECTS - CALL FOR BIDS: Councilman Dutton offered Resolution Nos. 70R-76 and 70R-77 for adoption. Refer to Resolution Book. RESOLUTION NO. 70R-76: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF2~NAHEIM FINDING AND DETERMINING THAT THE PURCHASE, FABRICATION AND DELIVERY OF ~gTRAF- FIC SIGNAL CONTROLLERS IS NECESSARY FOR VARIOUS INTERSECTIONS OF THE CITY OF ANAHEIM; APPROVING THE SPECIFICATIONS THEREOF; AND DIRECTING THE PUBLICATION OF A NOTICE INVITING BIDS FOR THE FURNISHING OF SAID TRAFFIC SIGNAL CONTROL- LERS. (Bids to be Opened March 5,1970, 2:00 P.M.). RESOLUTION NO. 70R-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CON- STRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF BALL ROAD FROM APPROXIMATELY 131 FEET WEST OF MAGNOLIA AVENUE TO APPROXIMATELY 263 FEET WEST THEREOF AND FROM APPROXIMATELY 1,593 FEET WEST OF MAGNOLIA AVE- NUE TO MACDUFF STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 589-B. APPROVING THE DESIGNS, PLANS, PROFILES,DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING 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 March 5, 1970, 2:00 P.M.) Roll Call Vote: 70-75 Cit~Hall~ Anaheim~ California - COUNCIL MINUTES - February ~0~ 1970~ 1:30 P.M. AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution Nos. 70R-76 and 70-R-77 duly passed and adopted. RESOLUTION NO. 70R-78- DEED OF EASEMENT: Councilman Schutte offered Resolution No. 70R-78 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PRO- PERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Leroy D. and Bonnie L. Penhall, Roger C. and Ann Stull.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 70R-78 duly passed and adopted. DEDICATION OF VEHICULAR ACCESS RIGHTS - RECLASSIFICATION NO. 68-69-74: On motion by Councilman Krein, seconded by Councilman Pebley, dedication of all ve- hicular access rights to Coolidge Avenue and the alley adjacent to the west property line of land described in Reclassification No. 68-69-74, by XYZ Investment Fund was accepted by the City Council and the recordation there- of authorized. MOTION CARRIED. PURCHASE OF EQUIPMENT: The City Manager reported on informal bids received for the purchase of one 8 to 12 Ton Roller, as follows., and recommended accept- ance of the low bid, that of Carde-Pacific, of Santa Fe Springs, Califor- nia, in the amount of $12,600.00, including tax: VENDOR TOTAL AMOUNT, INCLUDING TAX Carde-Pacific, Santa Fe Springs .......... $12,600.00 Conexco, Inc., City of Industry ........... 13,080.90 Crook Company, Los Angeles ............. 14,038.50 Adams-Sullivan, Inc., City of Industry ....... 14,210.70 On the recommendations of the City Manager, Councilman Pebley moved that the low bid of Carde-Pacific be accepted and purchase aUthor- ized in the amount of $12,600.00, including tax. Councilman Dutton seconded the motion. MOTION CARRIED. PURCHASE OF EQUIPMENT: Mr. Murdoch reported on informal bids received for the purchase of Miscellaneous PVC Conduit and Fittings for underground utility installation, as follows, and recommended acceptance of the low bid, that of Electric Supply Distributors, Anaheim, in the amount of $4,229.72, in- cluding tax: VENDOR TOTAL AMOUNT.~ INCLUDING TAX Graybar Electric, Anaheim ............. $4,296.05 Consolidated Electric, Anaheim ........... 4,632.40 Electric Supply Distributors, Anaheim ....... -4,229.72 Westinghouse Electric, Anaheim ........... 8,487.51 On the recommendations of the City Manager, Councilman Schutte moved that the low bid of Electric Supply Distributors be accepted and purchase authorized in the amount of $4,229.72, including tax. Councilman Dutton seconded the motion. MOTION CARRIED. 70-76 City Hall~ Anaheim, California - COUNCIL MIN~3TES - Feb_ruary 10~ 1970~ 1:30 P.M. PURCHASE OF E~UIPMENT: The City Manager reported on informal bids received for the purchase of 11Marbelite Street Poles, as follows, and recommended ac- ceptance of the low bid, that of Consolidated Electrical, Anaheim, in the amount of $2,679.60, including tax: VENDOR TOTAL AMOUNT~ INCLUDING TAX Consolidated Electrical, Anaheim ......... $2,679.60 - 2% General Electric Supply, Anaheim .......... 2,691.15 - Net Graybar Electric, Anaheim ............. 2,735.50 - Net Electric Supply Distributors, Anaheim ....... 2,666.89 - Net Westinghouse Electric, Anaheim ........... 2,841.88 - Net On the recommendations of the City Manage% Councilman Krein moved that the low bid of Consolidated Electrical be accepted and purchase author- ized in the amount of $2,679.60, including tax° Councilman Dutton seconded the motion. Councilman Pebley abstained from voting on said motion. MOTION CARRIED° CANCELLATION OF COUNTY TAXES: On motion by Councilman Krein, seconded by Council- man Dutton, the Orange County Board of Supervisors was requested to cancel County taxes on property acquired by the City of Anaheim for municipal pur- poses, pursuant to Resolution NOo 70R~55, formerly assessed to Anna Zahl, de- ceased, for Convention Center purposes. Deed recorded January 30, 1970, as Document No. 15915, Book 9203, Page 441, Official Records of Orange County, California. MOTION CARRIED. RESOLUTION NO. 70R-79 - WORK ORDER NO. 204: Upon receipt of certification from the Director of Public Works, Councilman Dutton offered Resolution No. 70R- 79 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 COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: AN ADDITION TO THE POLICE FACILI- TIES BUILDING, CORNER OF HARBOR BOULEVARD AND SANTA ANA STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO: 204~ (Near-Cai Corporation) Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 70R-79 duly passed and adopted. CLAIMS AGAINST THE CITY: The following claims against the City were denied, as recommended by the City Attorney, and ordered referred to the insurance car- rier, on motion by Councilman Dutton, seconded by Councilman Krein: a. Claim submitted by Paul H. Talbert Insurance Company, on behalf of Wilbur D. Sorter and St. Charles of Southern California, a corporation, for damages to vehicle purportedly resulting from striking a street repair sign, on or about January 18, 1970. b. Claim submitted by Bill V. Whalen for damages to vehicle pur- portedly resulting from striking a chuckhole in a public street, on or about January 17~, 1970. MOTION CARRIED. RESOLUTION NO. 70It-80 - SHERWOOD COUNTY LIGHTING DISTRICT: Councilman Dutton offered 'Resolution 'No. 70R~80 for adoption. Refer to Resolution Book. 70-77 C. ity Hall~ Anaheim~ California - COUNCIL MINUTES - February 10~ 1970t 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING TRACTS NOS. 5083, 5487, 5332 IN THE SHERWOOD COUNTY LIGHTING DISTRICT WITHDRAWN FROM SAIDLIGHTING DISTRICT. Roll Call Vote: AYE S,: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 70R-80 duly passed and adopted. RESOLUTION NO.. 70R-81 - ORANGE COUNTY STREET LIGHTING MAINTENANCE DISTRICT NO. 8: Councilman Dutton offered Resolution No. 70R-81 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING TRACT NO. 2893 WITHDRAWN FROM ORANGE COUNTY STREET LIGHTING MAINTENANCE DISTRICT NO. 8. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN.. ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 70R-81 duly passed and adopted. CORRESPONDENCE: The following correspondence was ordered received and filed, on motion by Councilman Pebley, seconded by Councilman Dutton: a. Financial and Operating Report~ for' the, month.of November, 1969. b. Before the Public Utilities Commission of the State of Cali- fornia - Southern California Gas Company and Southern Counties Gas Company of California for an order authorizing them to execute and carry out the terms of a plan and agreement of merger; authorizing Southern Couhties~Gas Company of California to transfer all of its public utility property, fran- chises, permits and rights to Southern California Gas Company, and to be relieved of its obligation to render public utility services; and author- izing Southern California Gas Company to issue 3,900,000 additional shares of its common stock, to assume indebtedness, to execute and issue evidences of indebtedness, to exercise franchise rights, and to adopt the filed tar- iffs of Southern Counties Gas Company of California. c. Before the Public Utilities Commission of the State of Cali- fornia - Southern California Gas Company for authority: (a) to increase its gas rates to offset higher costs occasioned by an increase in the rates of the suppliers of out-of-state gas to the Pacific Lighting Utility Sys- tem, (b) to continue the advice letter procedure for tracking increases in purchased gas cost based on Federal Power Commission Dockets Nos. RP70- 11 and RP70-19, and (c) for a general increase in its gas rates. Southern Counties Gas Compan~ of California for authority: (a) to increase its gas rates to offset higher costs occasioned by an in- crease in the rates of suppliers of out-of-state gas to the Pacific Light- ing Utility System, (b) to continue the advice letter procedure for track- ing increases in purchased gas cost based on Federal Power Commission Dockets Nos. RP70-11 and RP70-19, and (c) for a general increase in its gas rates. d. Before the Public Utilities Commission of the State of Cali- fornia - Investigation into requirements for a general order on siting of new electric generating plants and certain electric transmission facili- ties of all electric public utilities in the State of California. MOTION CARRIED. 70- 78 City Hall~ Anaheim~ California - COUNCIL MINUTES - February ~.0, 1970, 1:30 P.M. ORDINANCE NO. 2776: Councilman Krein offered Ordinance No. 2776 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.40, SECTIONS 14.40.065 AND 14.40.070 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO SPEED LIMITS. (Speed Limit Reduction - Royal Oak Road, Riverdale Avenue, and Nohl Ranch Road.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Ordinance No. 2776 duly passed and adopted. ORDINANCE NO. 2777~: Councilman Pebley offered Ordinance No. 2777 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-14 - C-3) Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Ordinance No. 2777 duly passed and adopted. ORDINANCE NO. 2778: Councilman Schutte offered Ordinance No. 2778 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.37 OF TITLE 18 BY AMENDING ORDINANCE NO. 2766. (Auto Rental Agencies) Roi1 Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Ordinance No. 2778 duly passed and adopted. ORDINANCE NO. 2779: Councilman Krein offered Ordinance No. 2779 for adoption. After hearing read in full the title of Ordinance No. 2779, Council- man Dutton moved the reading in full of said Ordinance be waived. Council- man Krein seconded the motion. MOTION UNANIMOUSLY CARRIED. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 14, 1970, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY PROPOSITIONS TO INCUR BONDED INDEBTEDNESS BY SAID CITY FOR CERTAIN MUNICIPAL IMPROVEMENTS, AND CONSOLIDATING SAID ELECTION WITH T~ GENERAL MUNICIPAL ELECTIO~ TO BE HELD ON SAID DATE. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Ordinance No. 2779 duly passed and adopted. 70-79 City Halls Anaheim~ California - COUNCIL MINUTES February 10~ 1970~ ~:30 P.M. ORDINANCE NO. 2780: Councilman Krein offered Ordinance No. 2780 for adoption. After hearing read in full the title of Ordinance No. 2780, Coun- cilman Pebley moved the reading in full of said Ordinance be waived. Coun- cilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM, CALIFORNIA, ORDERING, CALLING, PROVID- ING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 14, 1970, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY A PROPOSITION TO AUTHORIZE THE ISSUANCE OF ELECTRIC REVENUE BONDS AND CONSOLIDATING SAID ELECTION WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD ON SAID DATE. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 2780 duly passed and adopted. 9RDINANCE NO. 2781: Councilman Pebley offered Ordinance No. 2781 as an Urgency Ordinance, for adoption. Said Ordinance was read in full by the City Clerk. AN INTERIM ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTERS 18.37, 18.38, 18.39, 18.40, 18.44 AND 18.48 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Business Activities Limited to Those Over 21 Years of Age.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: DUtton, Krein, Schutte~ Pebley and Clark None None The Mayor declared Ordinance No. 2781 duly passed and adopted. ORDINANCE NO. 2782: Councilman Dutton offered Ordinance No. 2782 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM ~fl3NICIPAL CODE RELATING TO ZONING. (65-66-24(12) - M-i) ALCOHOLIC BEVERAGE LICENSE APPLICATIONS: The following applications were pre- sented by the City Manager to the citY Council for their information:. a. Application submitted by William Fleming Davis~for Premises- to-Premises Transfer, Beer and Wine Wholesaler, Beer and Wine Importer, for Empire Distributing Company, 1171 Fountain Way (M-1 Zone). bJ Application submitted by William Kelly Murphy and Sidney Leon Allen for Person-to-Person Transfer of on-Sale General License (Bona Fide Eating Place), at the Royal Archer, 815 South Brookhurst Street (C-1 Zone, Variance No. 1213). c. Application submitted by GeOrge and Iola Guss, for New Off- Sale General License at Clock Liquor, 1217 South Euclid Street (C-1 Zone) No Council action was taken on the foregoing applications. RESOLUTION NO. 70R-82: Councilman Clark offered Resolution No. 70R-82 for adoption. Refer to Resolution~Book. 70-80 City Hall; Anaheim~ California - COUNCIL MINUTES - February 10_:.. 1970, 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FIXING RATES FOR GENERAL WATER SERVICE AND CONNECTIONS, AND FIXING CHARGES FOR THE INSTALLA- TION OF WATER MAINS FOR WATER FURNISHED TO CONSUMERS AND FOR ALL SERVICES RENDERED IN CONNECTION THEREWITH, AND SUPERSEDING RESOLUTIONS NUMBERED 64R-214, 65R-41, 65R-505, 65R-721 AND 66R-348. Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 70R-82 duly passed and adopted. RECLASSIFICATION NO. 67-68-29 - EXTENSION OF TIME: Request of Louis E. Nohl, for two-year extension of time to Reclassification No. 67-68-29, to comply with certain conditions, pursuant to Resolution No. 67R-682, was submitted to the City Council at their meeting held January 27, 1970, and continued to February 3, 1970, and to this date,in accordance with Development Services Staff request. On the recommendations of the City Manager, the foregoing request was ordered taken off the Agenda, to be rescheduled at a later date. RESOLUTION NO. 70R-83: On report and recommendations of the City Manager and the Public Utilities Director, Councilman Dutton offered Resolution No. 70R-83 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CERTAIN ITEMS OF THE RATE SCHEDULE, RULES AND REGULATIONS FOR THE SALE AND DISTRI- BUTION OF ELECTRIC ENERGY AS ADOPTED BY RESOLUTION NO. 66R-531. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 70R-83 duly passed and adopted. RESOLUTION NO. 70R-84: Councilman Schutte offered Resolution No. 70R-84 for adop- tion. Refer to Resolution Book. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE WRITTEN ARGUMENTS FOR CITY MEASURES. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 70R-84 duly passed and adopted. PROPOSED CODE OF ETHICS - ELECTED OFFICIALS AND CITY PERSONNEL: Discussion was held relative to proposed ordinance setting forth a Code of Ethics for elected officials and City personnel (copies furnished to and reviewed by each Coun- cilman). Mayor Clark called attention to a Bill, stronger than the existing Conflict of Interest legislation, which was recently introduced to the Cali- fornia State Assembly by Speaker Robert T. Monaghan, and supported by Gover- nor Reagan. The measure would supersede that passed by the Legislature last year. 70-81 City Hall~ Anaheim~ California - COUNCIL MINUTES - Februar~ 10~.1970~ 1:30 P.M. Councilman Dutton pointed out that the existing and proposed State measures are concerned with financial disclosure, but not with Ethical Conduct and Standards. Councilman Schutte was of the opinion that the proposed ordi- nance for the City of Anaheim was not sufficiently strict, and any member of the City Council should have an opportunity to make additions and amend- ments thereto before final action was taken., and thereupon requested further time to suggest amendments and additions to said ordinance. It was noted that the proposed ordinance cOuld be amended at any future time. ORDINANCE NO. 2783: At the conclusion of the discussion, Councilman Dutton offered Ordinance No. 2783 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 1, CHAPTER 1.01 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SECTION 1.01.400, RELATING TO A CODE OF ETHICS. PROPOSED LEASE -~CITY-OWNED PROPERTY: Mr. Murdoch reported on communication received from Benard W. Jordan, dated February 9, 1970 (cop~ s furnished each Councilman), setting forth terms of proposed lease of City-owned parking lot north of 203 East Lincoln Avenue, by the new E1Camino Bank, t~ be opened at said address approximately May 1, 1970, adgising that there had been no objection to the leasing of the lot from City Depart- ments. On the recommendations of the City Manager, Councilman Krein moved that the City Attorney be instructed to prepare necessary lease document in accordance with the request, said lease not to exceed a five- year period. Councilman Dutton seconded the motion. MOTION CARRIED. COMPUTERIZATION OF POLICE TRAFFIC RECORDS - NATIONAL HIGHWAY SAFETY ACT OF 1966: The City Manager reported on project proposed by the Anaheim Police Depart- ment for a grant of approximately $111,480.00, under the Traffic Records and Pedestrian Safety portions of the National Highway Safety Act of 1966; said funds to be used to computerize all Police Traffic Records, an 18- month project. On the recommendations of the City Manager, Councilman Krein moved that the filing of formal application for the funds be authorized, and that the City Manager be authorized to negotiate a contract with Pub- lic Safety Systems, Inc., of Santa Ba?bara, to act as consultants on the project to computerize Police Traffic Records. Councilman Schutte seconded the motion. MOTION CARRIED. WOMEN'S DIVISION, ANAHEIM CHAMBER OF COMMERCE - "MISS ANAHEIM CONTEST": Dis- cussion was held regarding request received from the Wo~en'~ Division of the Anaheim Chamber of Commerce for permission to use Convention Center facilities for the Annual "Miss Anaheim" Contest, and it was agreed that the City would co-s~onsor the Contest to be held at the Convention Center as a community event. RESOLUTION NO. 70R-85: Councilman Clark offered Resolution No. 70R-85 for adop- tion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEXMAPPROVING THE ANNEXATION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED AS RED GUM - MIRALOMA ANNEXATION. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Pebley and Clark The Mayor declared Resolution No. 70R-85 duly passed and adopted. 70-82 City Hall~ Anaheim, California - COUNCIL MINUTES - February 10~ 1.970~ 1:30 P.M. CITY PLANNING COMMISSION APPOINTMENT: On motion by Councilman Dutton, seconded by Councilman Pebley, John F. Seymour, Jr. was appointed to the City Planning Commission to fulfill the unexpired term of Horace Camp, ending June 30, 1970. MOTION UNANIMOUSLY CARRIED. ADJOURNMENT: Councilman Krein moved to adjourn. Councilman Pebley seconded the motion. MOTION CARRIED. ADJOURNE D: 5: 50 P.M. City Clerk City Hall, Anaheim, CalifOrnia - CouNCIL MINUTES - February 17, 1970, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRE SENT: ABSENT: PRE SENT: COUNCILMEN: Button, Krein, Schutte, Pebley and Clark COUNCILMEN: None ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Williams CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Clark called the meeting to order. INVOCATION: Reverend Dean Humbert, of Trinity United Methodist Church, gave the Invocation. FLAG SALUTE: Councilman Pebley led the Assembly in the Plege of Allegiance to the Flag. PROCLAMATION: Mayor Clark proclaimed February 15 to 21, 1970, "LULAC Week in Anaheim." RESOLUTION OF COMMENDATION: Mayor Clark offered a Resolution of Commendation to Mayor Louis (Red) Reinhardt, of Fullerton, on being awarded the Americanism Medal by the Daughters of the American Revolution. The foregoing Resolution was unanimously ratified by the City Council. RESOLUTION OF CONDOLENCE: The following Resolution of Condolence was unani- mously adopted by the City Council: "WHEREAS, the City Council of the City of Anaheim has learned with sorrow of the untimely death of MrS. Elaine S. Golden; and WHEREAS, Mrs. Golden has served with honor and distinction this City of her birth as member of the Anaheim Library Board of Trustees since July 5, 1966 to the time of her death; and WHEREAS, Mrs. Golden is remembered by those who were privileged to know her as a dear and understanding friend, a devoted Christian and mother with a courageous spirit that was inspirational to all.