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1970/02/2470- 90 City Hall, Anaheim, California - COUNCIL MINUTES - February 24, 1970, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark COUNCILMEN: None CITY MANAGER: Keith A. Murdoch 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 Walter Vernon, of the Anaheim First Congregational Church, gave the Invocation. FLAG SALUTE: Councilman Dutton led the AsSembly in the Pledge of Allegiance to the Flag. PROCLAMATION: Mayor Clark proclaimed March 1 through 7, 1970, "Early Child- hood Education Week." RESOLUTIOIq OF COMMENDATION: A Resolution commending' William P. Webb on being awarded the highest honor given to a volunteer worker by the Boy Scouts of America, for organizing the first Boy Scout Troop in the City of Anaheim, was unanimously adopted by the Council and pre- · Sented to Mr. Webb by CounCilman Schutte. MINUTES: Minutes of the Anaheim City Council regular meeting held February 10, 1970, were approved on motion by Councilman Krein, seconded by Councilmmn Dutton. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Dutton 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 $703,684.74, in accordance with the 1969-70 Budget, were approved. POLICY - SALE OF MOBILE HOMES IN MOBILE HOME PARKS: Public hearing was held Janu- ary 27, 1970, at which time said hearing was closed and decision and action of the City Council deferred to this date to allow the City Attorndy an op- portunity to research current State Laws governing mobile home parks. Action before the City Council is to consider the adoption of the following Policy as recommended by the City Planning Commission, pursuant to Resolution No. PC69-254: "To permit the sale of new mobile homes for use in newly-established and approved mobile home parks, which sale shall be restricted to mobile homes solely for placement in said newly-established and approved mobile home parks; and that the sale of such mobile homes shall cease when all spaces within said park are filled, except that replacement sales may be made whenever a vacant space occurs." Councilman Dutton expressed concern regarding the inherent danger to tenants in mobile homes being subject to possible eviction, requiring pur- chase of new mobile homes every two to five years, and the inability to re- locate because of the "closed park" situation. He further advised that after meeting with the representative of the mobil~ home park at the corner of Crescent Avenue and Gilbert Street and the City Attorney, it was felt the following should be added to the recom- mended policy for clarification: 70-91 City Hall, Anaheim, California- COUNCIL MINUTES- February .24, 1970, 1:30 P.M. To apply to all parks where sale is made on site, or new coach is moved in for initial occupancy: 1. That on-site sales be limited to selling time not to exceed two years from opening of mobile home park. 2. That the owner of a mobile home has the right to sell his coach on occupied space, provided that: a. Maximum time period of sale is one year after notice of termination of lease by either tenant or landloard. b. Must vacate in time prescribed by law. c. Must continue to pay rent and keep lot in acceptable order. d. Cannot rent or lease coach, can only sell coach. e. Proposed buyer must meet and abide by rules and regulations of the mobile home park owner, (not approval of management.) Councilman Clark was of the opinion that the business of trailer sales should be in a C-3 zone, and not in a residential area, and there- upon objected to the proposed policy. Mr. Geisler reported that according to an Attorney General opin- ion, regulations of trailer parks are entirely occupied by the State, with the exception of zoning, which is a right of the City; the City has no authority to either prohibit or allow "closed parks." Mr. Geisler further reported that trailer sales, as well as auo tomobile.sales, is a C-3 use; however, automobiles and other items can be sold in a residential area as an incidental sale. As to permitting the developer of a mobile home park to sell mobile homes until the park is fully occupied~ it was the opinion of the Attorney's office and the De- velopment Services Division that this was similar to the sale of new homes in a subdivision; that the issue before the City Council is not whether to allow "open" or "closed" parks,as this is outside the jurisdiction and authority of the Council; the issue is a matter of zoning, and whether or not the owner should be permitted to sell upon the site, until the park is filled, as an incidental use, or whether this, in fact, constitutes a uommercial activity which would be detrimental to the residential area. It was Mr. Geisler's opinion that a continued sales activity, or permitted replacement sales, under the policy recommended by the City Planning Commission, would be dangerous and if the policy is adopted by the City Council it should be limited to a specific period of time. Councilman Clark suggested that the policy be further amended to add that first-time sales cannot exceed the manufacturer's recommended re- tail price. Councilman Krein asked if an ordinance could be drafted in line with the discussion held, for further consideration. · Mr. Geisler replied in the affirmative, and stated that if the park owner present stipulated to the suggested policy and amendments there- to, he would be bound by that stipulation. Mr. Denny Dickinson, co-owner and developer of the mobile home park at Crescent~ Avenue and Gilbert Street, addressed the Council, stipu- lating and agreeing to the conditions considered and discussed, which are to be incorporated in the forthcoming ordinance. At the conclusion of the discussion, the City Attorney was di- rected to draft an ordinance for further consideration in accordance with discussion held, on motion by Councilman Pebley, seconded by Councilman Krein. MOTION CARRIED. 70-92 VARIANCE N(~., 2144: Submit:ted by t.M. Rannow, to allow the cont:i~Ued' u~' of R-A property, located at the southwest corner of Ce?rftbs Ave~nU'e"and~ Euhiid~'S'tr~et, for a co~ercial produce ~rket. Public hearing was ,held Fe~uary' i0, t97~; at ~ch time said h~earihg was close~ ~ deci~s~~ o{~ the-City ~Cou~cil' deferred 't° ~'~his:'d~te t~ investi.- gate possible alternatives and solutions ~o ~he pro~iem. '~' Mr. Murdoch reported that under the present Code-, a~fruit' stand, temporary in nature, is allowed as a non-COnforming Use. He'fur'the~~ r~o~rted that at the last meeting when this matter was considered there was an indica- tion that temporary commercial fruit stands should be allowed Under certain circumstances where appropriate, and under certain conditions less than required for a permanent business, such as an R-A parcel in agricultural use of 5 acres minimum size, with 250 foot minimum frontage. Mr. Murdoch stated that the first action necessary is to determine if, in fact, it is the Council's intent to allow these temporary commercial fruit stands. Councilman Dutton favored allowing a temporary stand as an interim use under certain conditions, one being certification from a qualified engin- eer that the structure is safe for the public to enter. He thereupon moved that the City Council approve temporary produce or fruit stands, as an interim use, on property under certain circumstances and conditions to be hereafter established. Councilman Pebley seconded the motion. MOTION CARRIED. Discussion followed, and Mr. Geisler suggested the use be permitted by conditional use permit, which, by ordinance would incorporate Specific stand- ards and require that the period of time the use be allowed be determined and established by the City Council. Mr. Murdoch called attention to other factors that would vary in each case, such as the location of the nearest residence and the proposed lo- cation of the stand, etc., pointing out that the surrounding area and circum- stances would differ in each situation. This would require an amendment to the R-A Code, to provide the granting of a conditional use permit for this purpose under certain minimum conditions. Mr. Murdoch then advised that the next action before the Council was the variance, and if approved, the same conditions to be incorporated in the proposed ordinance could apply. However, the provisions of the State Health Code must be met, and cannot, under any circumstances, be waived, and in this case since a sewer is available, recommended that connection to the sewer be required, and that toilet facilities for both male and female, and hOt and cold water be provided. Also considered was the provision of the Building Code, whereby the Building offictal can deviate from the requirements for permanent buildings for temporary buildings to be used for special purposes or temporary use, once the land use has been de~ermined, and allow a temporary structure if a regis- tered engineer or architect certifies and the Building official is satisfied that the building is structurally safe. BESOLU~ION NO. 7OR-100: At the conclusion of the discussion, Councilman Krein offered Resolution No. 70R-100 for adoption, granting Variance No. 2144, to apply to the approximate one acre of land comprising the area currently betn~ used for this purpose, for a period of three years; determining that the exist- ing structure be classified as a "temporary building," subject to the follow- ing conditions: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 45 feet in width from the centerline of the street along Cerritos Avenue, and 53 feet in width from the centerline of the street along Euclid Street, including 25-foot radius property line returns, for street widening pu~oses. The dedication of that portion along Euclid Street, in which the pres%nt building would encroach, to be made at this time, to be ef- fective at the expiration of said variance. 70-93 City Hall, Anaheim, California - COUNCIL MINUTES - February 24, 1970, 1:30 P.M. 2. That trash storage areas shall be provided, of sufficient size, enclosed by 6-foot redwood fence, at a location and as approved by the Director of Public Works. 3. That the produce market structure shall be brought up to the minimum standards of the City of Anaheim, including the Uniform Build- ing, Plumbing, Electrical, Mechanical, Fire and Health Codes, and all other applicable ordinances as adopted by the City of Anaheim. 4. That the parking area proposed on subject property shall be appropriately treated so as to eliminate dust. 5. That a 6-foot redwood fence be constructed on the south pro- perty line where no solid fence exists, for a reasonable distance, and as determined by the Director of Public Works 6. That the portion of the property used for said operation be connected to the public sewer, and that sanitary facilities, according to the State Health Code be provided. 7. That conditions above imposed shall be complied with within a period of 60 days from date hereof. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2144. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 70R-lO0 duly passed and adopted. RECESS: Councilman Krein moved for a 10-minute Recess. Councilman Pebley seconded the motion. MOTION CARRIED. (3:10 P.M.). AFTER RECESS: Mayor Clark called the meeting to order, all members of the City Council being present. PROPOSED AMENDMENT - R-A ZONE: On motion by Councilman Pebley, seconde~ by Councilman Schutte, the Planning Staff was instructed to initiate proceed- ings to amend the R-A provision of the Zoning Code, tp proVide for fruit stands or produce markets as a temporary or interim use of property by conditional use permit; parcels a minimum of 5 acres in size, a minimqm~ of 250-foot frontage, subject to conditions. MOTION CARRIED. PUBLIC HEARING - RECLASSIFICATION NO.69-70-33: Initiated by the City Council of the City of Anaheim for the reclassification from C-1 to R-3 for Por- tion A; and R-3 to C-1 for Portion B, on property located on the east side of Anaheim Boulevard between Vermont Avenue and Lorraine Drive. The City Planning Co~nission, pursuant to Resolution No. PC70- 9, recommended said reclassification be approved in part, subject to the following conditions: Portion A - Denied. Portion B - 1. That the owner(s) of subject property shall deed to the City of Anaheim a 15-foot radius property line return at Anaheim Boule- vard and Vermont Avenue. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2°00 per front foot along Anaheim Boulevard and Vermont Avenue, for street 1.!ghting purposes. ·' 3. That the owner(s) of subject property shal~ pay to the City of Anaheim the sum of 15¢ per front foot along Anaheim Boulevard and Ver-. mont Avenue, for street lighting purposes~ 4. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 70- 9/, City Hall~ Anaheim, California - COUNCIL MINUTES - February 24, 1970, 1:30 P.M. 5. That all air-conditioning facilities shall be properly shielded from view. 6. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, 3, 4, and 5, above mentioned, shall be c~leted. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within 180 days from the date hereof or such further time as the City Council may grant. Zoning Supervisor Charles Roberts noted the location of subject pro- perty and the existing uses and zoning. He reported that 9 of the 10 property owners in Portion A had indicated they did not want the reclassification from C-1 to R-3 on their property. Mayor Clark asked if anyone was not satisfied with the City Planning Con~ission recommendations and wished to be heard. Mr. John Kunney, representing his parents, the owners of Portion B property, requested clarification of the requirements, indicating his parents could not pay a large sum of money to meet the requirements. He also declared that trees had been planted in accordance with regulations at one time, and they were removed by the City. City Attorney Joseph B. Geisler informed him that if investigation proved that trees had been planted at one time, they would not be required again. Upon being advised by the City Manager's office that the cost to his parents would be approximately $436.00, Mr. Kunney said this would not be too large an amount. The Mayor asked if anyone else wished to address the City Council; hearing no response, he declared the hearing closed. RESOLUTION NO. 70R-101: Councilman Pebley offered Resolution No. 7OR-101 for adoption, authorizing preparation of necessary ordinance changing the zone of the property as requested, subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING ANDDETERMIN- ING THAT TITLE 18 OF THE ANAHEIM~ONICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (69-70- 33 - C-1 - Portion B Only.) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 70R-lO1 duly passed and adopted. PUBLIC HEARING - ABANDONMENT NO. 69-19A: Public hearing was held on proposed aban- donment of a former Anaheim Union Water Company right-of-way, requested by the Engineering Division of the City of Anaheim. Property located at the east side of Hazelwood Street, between South and Santa Aha Streets, and between Walnut Street and the Santa Ana Freeway, pursuant to Resolution No. 70R-66, duly published in the Anaheim Bulletin, and notices thereof posted in accord- ance with law. Report of the City Engineer was submitted, recommending approval and requesting waiver of $100.00 processing fee. Mayor Clark asked if anyone wished to address the City Council; hear- ing no response, he declared the hearing closed. 70- 95 City Hall, Anaheim, California - COUNCIL MINUTES - February 24, 1970, 1:30 P.j~ RESOLUTION NO. 70R-102: Councilman Krein offered Resolution No. 70R-102 for adoption, approving Abandonment No. 69-19A. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF A FORMER ANAHEIM uNION WATERCOMPANY RIGHT~ OF-WAY EASEMENT OVER, ACROSS, ALONG AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY. (69-19A) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 70R-102 duly passed and adopted. PUBLIC HEARING - ABANDONMENT NO. 69-25A: Public hearing was held on proposed abandonment of a portion of that certain roadway commonly known as Adams Street, requested by Mr. Alvin H. Rohrs. Property located south of Broad- way, between Loara Street and Manchester Avenue; pursuant to Resolution No. 70R-65, duly published in the Anaheim Bulletin, and notices thereof posted in accordance with law. val. Report of the City Engineer was submitted, recommending appro- MayOr Clark asked if anyone wished to address the City Council~ hearing no response, he declared the hearing closed. RESOLUTION NO. 70R-103: Councilman Dutton offered Resolution No, 70R-103 for adoption, approving Abandonment No. 69-25A, as recommended by the CiTy Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF THAT PORTION OF AN ExiSTING ROADWAY, COM- MONLY KNOWN AS ADAMS STREET, AND AN EASEMENT FOR ROADWAY PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY. (69-25A). Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark COUNCILMEN: None COUNCILMEN: None The Mayor declared Resolution No. 70R-103 duly passed and adopted. AMUSEMENT DEVICES PERMIT: Application filed by James Ruthven III, for amuse- ment devices permit to allow installation of pool tables at 3148½ West Lincoln Avenue, was submitted and granted subject to provisions of Chapter 3.24 of the Anaheim Municipal Code, as recommended by Capt. Carl Miller, on behalf of the Chief of Police, on motion by Councilman Dutton, seconded by Councilman Pebley. MOTION CARRIED. TENTATIVE TRACTS NOS. 6824 AND 6825 o EXTENSION OF TIME: Request of C.M. Jones, Secretary-Treasurer, C. Michael, Inc., dated January 30, 1970, was sub- - mitted for a one-year extension of time to file Final Tract Maps for Ten-. tative Tracts Nos. 6824 and 6825. Also submitted were reports of the CiTy Engineer, recommending one-year extension be granted° On motion by Councilman Dutton, seconded by Councilman Schutte, one-year extension of time was granted. MOTION CARRIED. 70-96 ~it~ ~all, Anaheim~ California - COUNCIL MINUTES - February 24, 1970, 1:30 P.M. RESOLUTION NO. 70R-104 - WORK ORDER NOS. 1162 AND 502-A: Councilman Krein offered Resolution No. 70R-104 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 IMPROVEMENT OF COMMERCIAL STREET, FROM PATT STREET TO LEMON STREET, IN THE CITY OF ANAHEIM, WORK ORDER NOS. 1162 AND 520A. 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 19, 1970, 2:00 P.M.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 70R-104 duly passed and adopted. RESOLUTION NO. 70R-105 - PROPOSED LEASE OF SCHROEDER PROPERTY: Councilman Dutton offered Resolution No. 70R-10'5 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE BETWEEN A.F. SCHROEDER AND LOUISE SCHROEDER AS LESSORS AND THE CITY OF ANAHEIM AS LESSEE, AND AUTHORIZING PAYMENT OF RENTAL. ($47,500.00 Annually) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 70R-105 duly passed and adopted. PURCHASE OF EQUIPMENT: Mr. Murdoch reported on informal bids received for the pur- chase of 6,000 feet of 750 MCM Aluminum for the Electrical Division, as follows, and recommended acceptance of the second low bid, that of General Electric Supply Company, Inc., in the amount of $24,771.60, including tax: VENDOR TOTAL AMOUNT, INCLUDING TAX Graybar Electric Co.,Inc., Anaheim ....... $23,873.54 General Electric Supply Co., Inc., Anaheim ....... 24,771.60 Okonite Co., Los Angeles ................ 34,605.90 General Cable, Los Angeles ............... 31,222.80 On recommendation of the City Manager, Councilman Dutton moved that the bid of General Electric Supply Company, Inc., in the amount of $24,771.60, including tax, be accepted and purchase authorized as the lowest and best quali- fied bid, as the low bid received could not meet specifications. Councilman Pebley seconded the motion. MOTION CARRIED. CLAIM AGAINST THE CITY: Claim submitted by Allen, Wilson and George, Inc., on be- half of Donald and Margaret Mahood, for personal injuries and wrongful death damages to their son, James William Mahood, purportedly resulting from negli- gence of police officers investigating previous accident on or about November 4, 1969, was denied, as recommended by the City Attorney, and ordered referred to the insurance carrier, on motion by Councilman Dutton, seconded by Council- man Krein. MOTION CARRIED. 70-97 City Hall, Anaheim, California - COUNCIL MINUTES - February 24, 1970, 1:30 P.M~ CORRESPONDENCE: The following correspondence was ordered received and filed motion by Councilman Pebley, seconded by Councilman Dutton: a. Resolution of the Board of Supervisors of Orange County - Supporting the expansion program of Southern California Association of Governments and urges support from other local governmental agencies in Orange County. MOTION CARRIED. ORDINANCE NO. 2783 - CODE OF ETHICS: Discussion was held relative to the final reading and adoption of Ordinance No. 2783, establishing a Code of Ethics for public officials and employees of the City of Anaheim. Councilman Schutte advised that, in his opinion, a Code of Ethics should be a part of the City Charter and should be drawn by a professional to include other factors not incorporated in the proposed Ordinance. He felt the proposed Ordinance as written would be ineffective in court. Councilman Schutte further advised that it was his opinion that the proposed Ordinance establishing a Code of Ethics, which was drafted at the request of Councilman Dutton, was due to his action and vote on his daughter's property. He further advised that that was the proudest thing he had ever done and he would do it again. Councilman Dutton stated that it was Mr. Schutte's action on the zoning of his daughter's property that prompted the request for an Ordinance establishing a Code of Ethics because, in his opinion, the ac- tion taken was a conflict of interest and contrary to public policy and there is nothing in the City Charter or Government Code that makes such an action criminally illegal. The proposed Ordinance will take care of this type of action. At the conclusion of the discussion, councilman Pebley offered Ordinance No. 2783 for final reading. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 1, CHAPTER 1.01 OF THE ANAHEIM I~3NICIPAL CODE BY ADDING THERETO SECTION 1.01.400, RELATING TO A CODE OF ETHICS. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: 'None The Mayor declared Ordinance No. 2783 duly passed and adopted. ORDINANCE NO. 2784: Councilman Krein offered Ordinance No. 2784 for adoption. City Attorney Joseph B. Geisler reported right-of-way has been acquired on all but one small parcel, and agreement is expected to be forth' coming on that parcel at such time as street widening is proposed, and thereupon ruled that this was substantial compliance with condition regard- ing dedication. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61(31) - C-R - Conditional Use Permit No. 1116). Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 2784 duly passed and adopted. CONDITIONAL USE PERMIT NO. 1116: Councilman Schutte moved the recommendation of the Development Services Department, Zoning Division, that the 5-year time limitation of Conditional~Use Permit No. 1116 be interpreted to begin as the date of Final Building Inspection, or not later than July 1, 1970, be approved. Councilman Kretn Seconded the motion. MOTION CARRIED. 70- 98 Hall. Anab. eim, California - COUNCIL MINUTES - February 24, 1970, 1:30 P.M. ORDINANCE NO. 278p.: Councilman Clark offered Ordinance No. 2785 for adoption. Refer to Ordinance BOok. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (66-67-61(40) - Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Ordinance No. 2785 duly passed and adopted. HE~ICOPTER PATROL PROGRAM: The City Manager reported that since this subject had been discussed a year ago, reanalyzation has indicated this program could be initiated for an additional approximate amount of $100,000.00 p~r year by utilizing the helicopter patrol in lieu of some present ground patrols, using existing patrolmen, rather than adding more personnel, and by purchas- ing the proposed two helicopters on a lease-purchase basis over 5 years, ra~her than outright purchase. In this way, Mr. Murdoch felt the program could be instituted before the end of this fiscal year, if the Council wished, stat- ing expenses for the remainder of this fiscal year in instituting the pro- gram would amount to approximately ~,~.~ He referenced memo reports from Chief David Michel and Lt. R.A~ Ztppel. ' Mr. Murdoch felt this was a high priority item for the current law enforcement, crime deterrent program, noting that the present reported loss by individuals in the City of Anaheim, through theft, is $1,200,000.00 per year. Mr. Murdoch rePorted that cities and counties currently using the helicopter patrol have reported an average saving of 10% on thefts, which amount would equal the cost of this service. On query by COuncilman Pebley, Mt. Murdoch stated the experience of those Cor~unities now having this service was'that using existing trained patrol- men and giving them the added training of helicopter flying was preferable. Police Chief David B. Michel reported that, after conferring with experts in the field and with cities having this service, he is convinced this program is very desirable. In answer to a question by Councilman Dutton on whether citizens complained about the night noise from the helicopters, Chief Michel stated there now are helicopters made especially for this service, and these machines have a low noise factor. Councilman George Nye, of Lakewood, stated that the Lakewood heli- copters operate a'land and take-off every hour and a half, 16 hours a day, and their landing spot is only 150 feet from residences. Since installing silent tail rotors 18 months ago, they have not had a noise complaint. Mr. Nye said a survey of every residence and business in the city resulted in a 31% response, with 93% favoring, 6% opposing, and 1% undecided on the helicopter patrol program. He also said that about 50% of the cards returned had statements that the respondent now had greater respect for law enforcement because of the speed of this vehicle in answering calls as com- pared to a patrol car. In response to Councilman Pebley's question on where they would fly out of, Chief Michel said the Federal Aviation Authority did not require establishment of a heliport initially; thus the most logical location could be determined during the training period. Councilman Schutte asked if more patrolmen would be needed on the police force if this p~grm were not instituted. Chief Michel replied af- firmatively. 70-99 City Hall, Anaheim, California - COUNCIL MINUTES - February 24, 1970, 1:30 P.M. In answer"to Councilman Schutte's question on how easily such a program could be stopped, Mr. Murdoch and Mr. Nye said it could be terminated'at any time at very little loss. Mr. Nye also stated the value of a heli- copter does not depreciate; since they have to be completely rebuilt after a year's use, they are as good after 30 year's use as after one. Councilman Clark asked if this program could be a joint progrsml with a neighboring city. Chief Michel said this was not recommended, and Anaheim was large enough for one of its own. Councilman Clark asked if there had been any indication from the County level desiring joint participation in such a program. Chief Michel replied in the negative. Councilman Krein requested more information and documentation be secUred before a decision is reached. Mr. Murdoch stated he would obtain more information and place the subject on the March 10, 1970 Agenda. ANAHEIM STADIUM LEASE AGREEMENTS: The City Manager presented arequest by To~ F. Liegler, Director of Anaheim Stadium and Convention Center, for appr0~91 of a recommended concept of Anaheim Stadium Lease Agreement for all High School, Junior College, College, UniverSity, and bona fide charitable, religious or not-for-profit corporations. Councilman Krein moved the following policy be approved: 1. The above-listed tenants would be charged for all City of Anaheim out-of-pocket expenses pertaining to their event, including a pro- portionate share of the annnal burden. 2. City of Anaheim would receive all parking fee revenues and be responsible for all parking lot expenses. 3. City of Anaheim would receive all concession and Stadium Club revenues. 4. A $500.00 "good faith" deposit would be submitted by tenant upon signing the contract which would be applied against Stadium opera- tional "out-of-pocket" expenses. 5. The Anaheim Stadium-Convention Center Director be approved to negotiate all details of the lease agreement and be authorized to sign all agreements under the above conditions. Councilman Dutton seconded the motion. MOTION CARRIED. RESOLUTION NO. 70R-106: Councilman Dutton offered Resolution No. 70R-106 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLU- TION NO. 70R-72 NUNC PRO TUNC TO CORRECT DESIGNATION OF POLLING PLACE. (Precinct No. 10) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 70R-106 duly passed and adopted. RESOLUTION NO. 70R-107: Councilman Krein offered Resolution No. 70R-107 for adoPtion. Refer to Resolution Book. 70-100 City Hall, Anaheim, California - COUNCIL MINUTES - February 24, 1970, 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 69R-600 AND ESTABLISHING A RATE OF COMPENSATION FOR A NEW JOB CLASS. (Police Cadet) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: CODNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 70R-107 duly passed and adopted. RESOLUTION NO. 70R-108: Councilman Pebley offered Resolution No. 70R-108 for adop- tion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 69R-600 AND ESTABLISHING A NEW JOB CLASSIFICATION AND RATE OF COMPENSA- TION. (Duplicating and Printing Supervisor) Roll Call Vote: Dutton, Krein, Schutte, Pebley and Clark None None AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: The Mayor declared Resolution No. 70R-108 duly passed and adopted. RESOLUTIOn. NO. 70R-109: Councilman Dutton offered Resolution No. 70R-109 for adop- tion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT FOR PUBLIC STREET UNDERPASS PURPOSES IN CONNECTION WITH THE CONSTRUCTION OF THE KATELLAAVENUE UNDERPASS.(Atchison, Topeka and Santa Fe Railway) Roll Call Vote: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark COUNCILMEN: None COUNCILMEN: None AYES: NOES: ABSENT: The Mayor declared Resolution No. 70R-109 duly passed and adopted. RECESS - EXECUTIVE SESSION: At the request of the City Manager, Councilman Pebley moved to recess to Executive Session. Councilman Schutte seconded the motion. MOTION CARRIED. (5:10 P.M.). ADJOURNMELN?.: At the conclusion of the Executive Session, and upon return of all Councilmen to the Council Chambers, Councilman Pebley moved to adjourn. Coun- cilman Krein seconded the motion. MOTION CARRIED. ADJOURNED: 6:~ P.M. City Clerk .~"_~" II1~ IJ I..~T I I . I I I . i , I[lll I , I ~ I _. ]1 II .I I1 IIIJ I