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1970/09/0870- 453 City Hall, Anaheim, California · CO~L _NINUTES..- September 1, .1970,. 1:30 P~M. At the conclusion of th~ discus~t°n on the Capital Improvement por- tion of the Budget, it was agr~ 'that a~other session on this subject should be held as soon as 'possible, a~l that ~h~ Operating Budget should be further r~-~wed for possible cuts, priOr to. considering any new sources of revenue. A'.~~NT: Councilman Thom moved to adjourn to Tuesday, September 8, 1970, 8:00 A.M. Councilman Stephenson seconded the motion. MOTION CARRIED. ADJOURNED: 4:20 P.M. City Clerk City Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1970, 8:00 A.M. The City Council of the City of Anaheim met in Adjourned Regular Session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton (entered the meeting at 9:35 A.M.). COUNCILMEN: None CITY MANAGER: Keith A. Murdoch ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Joseph B. ~eiller ASSISTANT CITY ATTORNEY: Alan Watts CITY CLERK: Dene M. Williams DIRECTOR OF PUBLIC UTILITIES: Gordon Hoyt DIRECTOR OF FINANCE: Douglas Ogden ELECTRICAL SALES SUPERVISOR: Henry C. Wiley Mayor Pro Tem Pebley called the meeting to order. BUDGET/CAPITAL IMPROVEI~NTS.; City Manager Keith Murdoch stated the purpose of this Adjourned Regular Meeting was to discuss possible areas where cuts could be made in the Current Fiscal Year Operating Budget to partially meet some of this year's Capital Improvements, and to discuss possible'additional sources of revenue. He stated that although the recap of the Summary of Capital Outlay Requests, Ftscal'Years1970-71 through 1975-76, which the Council received on September 4, 1970, reflected changes resulting from discussions at the Adjourned Regular Meeting held September 1, 1970, there still could be some items listed that the Council might deem inappropriate. Mr. Murdoch advised the approx!~a~!¥ $1~225,000.00 of additional revenues indicated as nec~s~ to m~ ~h~ ~~d Capital Improvements for the balance of FisCal Y~r ~70~?! ~o~ld ~ d~r~v~d ~m ~$ther of the two major sources previously d~u~d ~ Admissions T~ or U~li~ies Tax; however, $3,000,000.00 or $3,500,000,00 in addl~iomal r~venu~s would be required to carry on a satisfactorily aggressive pro,ram, In answer to Councilman Pebley, Mr. Murdoch advised only very minor adjustments have been found feasible since the.adoption of the current Operat- ing Budget and most of those were for street construction, due to the fact that available Gas Tax fugfi~ will not be as great_as anticipated. He furgher ~tated 70-454 City Hall, Anaheim, California - COUNCIL MINUTES - Septembe~ 9, 1970, 8:00. A.~.. that, althoogh there probably were some areas where additional cutbacks might be possible, Council Policy indicated otherwise. ELECTRIC - POWER SALES AND ADVERTISING: Councilman Thom questioned the neces- sity of spending over $200,000.00 for Electrical Power Sales and Adver- tising; Councilman Stephenson agreed the amount budgeted seemed large compared to results obtained. Mr. Mnrdoch advised that, although the amount involved is not large, membership:in the Electric League will not be reinstated this year because of disagreement with policy changes. Utilities Director Gordon Hoyt stated the City Council author- ized entering the Medallion Program in 1959, at which time there were 65 such living units in Anaheim; however, there was no means of implementing this program, and by 1964 only 25 additional units had been installed, even though the population had increased by 30,000, thus 'pointing up the need for promotional activities and creation of the Power Sales Department at that time. Mr. Hoyt stated the advertising budget of Power Sales is rela- tively minor b~cause it is designed to reach only a small area. Councilman Thom requested a list of accounts that the Power Sales Department had succeeded in switching over to electricity from other power sources which would return over $1,000,000.00 in revenue as justification for a $250,000.00 budget request~ stating that without such justification he could not approve the requested budget. Mr. Hoyt and Electrical Sales Supervisor Henry C. Wiley offered to compile a complete list and cited the following: Carl's Jr. Drive-Ins, now all are electric; Cal-Comp installed 750 tons of air conditioning in their new plant; the Driving Range on Anaheim Boulevard put infra-red heat on the bottom deck; the Pediatrician Offices on Anaheim and Harbor Boule- vards are totally electric; Buzza Cardozo's new kitchen is totally elec- tric; Shareholders' Capital went totally electric on their west end devel- opment; R & B Development Company has electric heat; the three motels built by Meyer Construction Company on Lincoln Avenue had electric air- conditioning and Power Sales sold them electric heat and cooking burners. Mr. Wiley stated The Carrousel was the first total electric kitchen he had sold, but, because he was the only salesman and could not physically cover all areas, the water heaters and heating-unit system went to a com- petitor. In answer to Councilman Stephenson, Mr. Wiley advised that Carl's Jrs. are given free service but are charged cost plus 25% for parts; The Carrousel sale was partiallY a result of offering free service. Councilman Dutton entered the Council Chambers, (9:35 A.M.). Councilman Pebley asked if Finance Director Douglas Ogden, Util- ities Director Gordon Hoyt, City Manager Keith M~rdoch recommend the Power Sales Department and Advertising continue as proposed, to which affirmation. he'received ' ' Mr. Murdoch stated he believed cutting this program at this time would very substantially decrease future revenues, since power sales are- made for continuing revenues and' not just a one-time sale. Councilman ~.sph~nson que. stiomed the meed for $30,000.00 in miscellaneous advertising, Mr. Hoyt advised the normal annual advertising budget is $6,000., but this Fiscal Year $24,000.00 is requested to conduct a survey on w~at customers expect from electric utilities. 70-455 City Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1970, 8:00 A,M. In answer to Councilmen Stephenson and Thom, Mr. Hoyt advised the services of a Home Economist are considered a necessity in home modernization pursuits; and providing electric ranges to high schools is a promotion acti- vity to familiarize students with electric cooking in the hope this medium will be their choice in the future when they are homemakers, and also that they will influence their parents to include electric utilities in their home modernization plans. Councilman Dutton stated he believed Power Sales and advertising funds were well spent. Mr. Murdoch reminded the Council that electric utilities is a major source of revenue for Anaheim, and added the monies added to the General-Fund from electrical operations just about equals sales tax receipts. Mr. Hoyt advised the present Power Sales activities have been build- ing up for the past five years, and now are at a point where they will stay. In answer to Councilman Stephenson, Mr. Hoyt stated the Power Sales and Advertising budget has been reviewed several times to determine where cuts could be made, and now is a budget he considered absolutely necessary. Councilman Pebley suggested the Power Sales and Advertising Budget be approved as is; Councilmen Dutton and Clark indicated agreement. Mr. Murdoch advised that additional analysis will be made to deter- mine the need for the $24,000.00 budget request for the proposed customer sur- vey, although he believed such a survey would provide a much-needed tool for educating voters to the desirability of a bond issue to complete the purchase of the Southern California Edison Company facilities. He further advised an investigation will be made to determine the necessity for replacing a recently- resigned salesman. Councilman Thom reiterated his position that in order to give his approval of the Power Sales and Advertising Budget, he requires justification for the expenditure in the form of an additional one to two-million dollars of revenue generated. Mr. Wiley agreed to provide the necessary information. PARKS DEVELOPMENT PROGRAM: Mr. Murdoch referred to the Council's indecision on the advisability'of continuing with the 'present Parks Land Acquisition and Development Program. He stated that it has been the poli~y of the City f~or 'seVeral years to maintain and develop parks withiD th.e available sources'of revenue in any giv~'n current fiscal year, and that.land for parks should be purchased in developing areas while still 'available; however,, the pace of - park development did require review. He added that the major parks item in the current Capital Outlay Summary is for development of Manzanita Park. Mr. Murdoch stated he believed the failure of the Parks Bond Issue was an indication the voters did not want the program accelerated, but he doubted they desired a deceleration, In answer to Councilman Pebley, Mr. Murdoch advised the ordinance requiring in lieu fees decreed that all such fees be used for acquisition of park property first, and then for development; that although the funds are not separated between acquisition and development, thus far in lieu fees have not been adequate to meet acquisition. Councilman Dutton stated the opinion development of Manzanita Park probably could be delayed, but he was in favor of continuing the present land acquisition program. Councilmen Pebley and Stephenson agreed needed parks land should be purchased while stitl available and reasonably priced. 70-456 City Hall,.Anahetm, California - COUNCIL MINUTES - September 8, 1970, 8:00 A.M. In answer to Councilman Pebley, Mr. M~rdoch advised that although Reid Park is not COnsidered complete since only five acres are developed, it is operating, and thus completion can be delayed. ~ Mr. Murdoch suggested development of Manzanita Park, which he placed at top priority, could be scheduled toward the end of this Fiscal Year, thus dividing the related expenses between Fiscal Year 1970-71 and Fiscal Year 1971-72. Councilmen Stephenson, Clark and Dutton indicated accord. Councilman Pebley stated he would prefer to complete Reid Park, rather than purchase additional land next to another existing park. Councilman Stephenson stated he was not in favor of ~paying $50,000.00 an acre for additional land to enlarge Reid Park. Councilman Clark suggested Reid Park not be as large as the regular community park, thus avoiding the necessity to purchase additional land. Mr. Murdoch stated the opinion a community park should conform in all respects, including size. He further advised that the current Operating Budget allows nothing for Parks and Recreation; that the $450,000.00 indicated is a capital outlay item to be considered only if additional revenue sources are obtained or if substantial cuts are made in the existing budget, a feat he doubted could be achieved without considerably changing the pres- ent standard of service. Councilman Clark stated the probationary period of one year on ~he in lieu fee program is over, and asked for Mr. ~rdoch's recommendation in that regard, in that it was agreed the amount of fees would be reviewed after one year. Mr. Murdoch stated he believed it is now t~ime to increase the in lieu fees since present resources generated by such fees do not allow even for maintaining the pgst park land acquisition program. However, he would have to thoroughly analyze the situation before making a recommen- dation. ~ Councilman Pebley asked that at the time Mr. Murdoch presents a suggested ordinance on increased in lieu fees, he also furnish informa- tion on the similar practices of neighboring cities. CONVENTION CENTER - EXHIBITION SPACE FEES: Councilman Pebley stated that, since each Councilman had indicated a desire to continue the aggressive program of the past 15 years, additional sources of revenue would have to be insti- tuted. Councilmen Dutton, Clark and Stephenson stated they would not favor a property %ax increase. Mr. Murdoch suggested one source of additional revenue could be an increase from six cents to eight cents per squarm foot for exhibi- tion space in the Convention Center, which could result in approximately $75,000.00 being added to the General Funds per year. In answer to Councilman Dutton, Mr. Murdoch advised the suggested rate increase would compare favorablY.with the competitive market. Councilman Pebley offered a motion that the exhibition space fee at Anaheim Convention Center be increased from six cents per square foot to eight cents per square foot. Councilman Dutton seconded the motion. MOTION CAI~RIED. 70-457 City Hail, Anaheim, California - COUNCIL MINUTES - September 8, 1970, 8:00 A.M. STADIUM AND CONVENTION CENTER - PARKING FEES: Councilman Clark recommended the present parking fees of $1.00 at the Stadium and 50¢ at the Convention Center be changed to a flat fee of 75¢ at both facilities. Mr. D.~rdoch advised such a parking fee change could result in addi- tional revenues of $75,000.00 per year. Following Council discussion, Mr. Murdoch stated he believed it wo'~ld not be advisable to increase Convention Center parking fees to $1.00 to coin- cide wizh present Stadium parking fees, since many Convention Center activi- ties are luncheons, banquets, or other activities for which a $1.00 parking fee would be high, and having different fees for different events would not be feasible since more than one activity could be going on at the same time. By general Council consent, the City Manager was instructed to pre~ sent for Council consideration a recommended Stadium and Convention Center parking fee program to generate additional revenue. ADMISSIONS TAX: Mr. Murdoch advised it is estimated adoption of an overall 10% Entertainment Admissions Tax could bring $3,000,000.00 to $3,500,000.00 in additional revenue annually; however, if such a tax were adopted, the Council may not want all phases of entertainment taxed equally. Councilmen Pebley and Stephenson stated the belief that if such a tax were adopted, the same rate should apply to all entertainment activities for which an admission fee is charged. Councilman Dutton stated that, although he was not in favor of any additional tax, if one was necessary, he considered an admissions tax the most plausible. Councilman Clark asked if such a tax might possibly reduce atten- dance at entertainment activities. Councilman Dutton stated that Disneyland attendance has increased consistently over the past years, despite general admission fees being increased from 90C to $3.50 and"two years ago he sugges- ted an admission tax on the basis that the raise in gate admission apparently did not reduce the attendance. Mr. Murdoch recommended that, if an enteztainment tax is adopted, complimentary promotional tickets be exempted from such a tax, to which Coun- cilmen Pebley, Stephenson, Clark and Dutton indicated agreement. UTILITIES TAX: Mr. Murdoch advised another major source of additional revenue suggested was a 5% Utilities Tax. Councilman Dutton stated he did not favor a utilities tax. Council- man Pebley advised he believed only one additional tax is necessary and he would prefer an entertainment tax to a utilities tax. Mr. Murdoch advised additional revenues from an entertainment tax could allow an adequate though not aggressive Capital Improvement program for the City; however, unless additional sources of revenue were obtained, substantial cuts or delays in the program as outlined in the 5-year plan would be necessary. Councilman Clark stated he did not deem it advisable to penalize Anaheim citizens with additional taxes unless neighboring cities have these same taxes. Councilman Pebley suggested a 5% Utilities Tax, plus a 10% Admis- sions Tax could ruin large businesses and establishments such as Disneyland. ROOM OCCUPANCY TAX: Mr. Murdoch stated another suggested source of additional revenue could be a room occupancy tax increase; however, such an increase had been discussed only as a means for increasing the promotional activities of the Visitors and Convention Bureau, and not for capital improvements. 70-458 City Ha!l, A~.~aheim, California - CgUNCIL MINUTES - September 8, 1970, 8:00 A.M. Councilman D~tton stated he believed if such a tax increase were adopted, resulting revenues should be used for Visitor and Convention Bur- eau promotion activities, if the Convention Center operation and amorti- zation could be adequately handled otherwise. Councilman Pebley indicated his agreement. In answer to Councilman Clark, Mr. Murdoch advised the Room Oc- cupancy Tax is a business license for hotels and motels, whereupon Coun- cilman Clark stated he felt such revenues should be added to the General Fund, just as other business license fees. Mr. Murdoch advised the present Room Occupancy Tax originally was instituted to cover amortization and deficit operational expenses of the Convention Center; and added that these revenues the past fiscal year not only covered the amortization requirements, but in addition paid the entire cost of the City's share of the Visitor and Convention Bureau sales and promotion efforts. Councilman Pebley stated he believed the present Room Occupancy Tax in San Francisco, Palm Springs and San Diego is 8%, and asked if rais~ lng Anaheim's rate from 5% to 6% would be adequate to supply the Visitor and Convention Bureau sales and promotion requirements. Mr. Ma~rdoch ad- · vised a 1% increase would suffice; however, if such an increase is adopted, prior determination should be made of how the resulting revenues would be used. In reply to Councilman Clark's suggestion that any necessary additional Convention Center land acquisition could be financed by room · occupancy tax funds, Mr. Murdoch advised such a transaction presumably would be financed by the issuance of bonds by the Community Center Author- ity, which in turn would increase the City's rent, and this increased rent would be paid from sources such as room occi~pancy tax funds. Councilmen Clark and Pebley requested a breakdown on the room occupancy tax activities of other cities be presented to the Council be- fore a final decision is reached. Mr. Murdoch agreed to furnish a draft of a proposed ordinance covering room occupancy tax rate increases and at the same time informa- tion on related activities of other cities. CALI~OR~I~ANGELS; Mayor Dutton invited Ted Bowsfield, Director of Stadium Operations, California Angels, to address the Council. Mr. Bowsfield stated he understood there presently is a move- ment in the State Legislature to impose a State admissions tax on profes-~ sional sports activities for the purpose of obtaining revenues for school programs, and if the State should impose an admissions tax, and then Ana- heim imposed an additional admissions tax, the resulting price increase could make it difficult to sell tickets and price them Out of the market. Mr. Bowsfield advised the various major league baseball, foot- ball and hockey organizations have formed committees to oppose this pro- posed admissions tax, but it is believed that if the issue is introduced at the coming January session it could have a good chance of being passed by the Legislature. Mr. Murdoch advised the issue had been killed in co~a- mittee during the last legislative session, but it is expected to be re- introduced in January. Councilman Pebley suggested prior imposition of an admissions tax by Anaheim could deter action on such a tax at the State level. Mr. Bowsfield stated he was against an admissions tax at any level, either State or City. 70-459 City Hall, Anaheim, California - COUNCIL MINUTES September 8, 1970, $:00 A.M. In answer to Councilman Peb!ey, Mr. Mr. ~ows~leld stated that ad- mi~icns taxes imposed by other citie's do no~ result'in less revenue to them when visiting there, as visiting teams receive a percentage of gate receipt, s, and the ticket price plus the tax arc'indiCated as.$eparate~ items on the ticket. In reply to Councilmen Stephenson and Pebley, Mr. Bowsfield advised neither San Diego, San Francisco or.Oakland have an amusement tax; the LoS Angeles Dodgers have no admission tax, but the Inglewood Forum has a ten cent admission tax on all tickets, including complimentary tickets. DISNEYLAND: Mayor Dutton invited Jack Lindquist,Director of Marketing, Disneyland, to address the Council. Mr. Lindquist advised the Disney organization opposed any proposed admission or entertainment tax. Mr. Lindquist stated he believed a good deal of the entertainment and recreational tourist industry in Anaheim, including construction of the Stadium and Convention Center, resulted from the institution of the D%sneyl~ad operation; and even the August 6, 1970, disturbances at Disneyland did not have a negative effect on attendance. He added that credit for successfUlly handling the incidents should be given to ~he Anaheim City Officials a~ law e~forcement agencies. Mr. Lindquist advised it was feared imposition of an admissions tax on top of their increased adult admission price tO $4.95 could very well result in a reduction in attendance; and added he believed additional revenues should come from increased business - regardless of whether it is Disneyland, the Angels, hotels/motels, restaurants, service stations, etc. - rather than additional taxes. In answer to Councilman Pebley's request for a suggested solution to the City's need for additional revenue sources, Mr. Lindquist advised he felt consideration could be given to what the recreational and entertainment industries now are contributing to Anaheim's tax rolls and total economy, and that evaluation should be made of whether visiting tourists are paying a fair share of the City's expenses for enjoying the entertainment provided; if it is determined the tourist trade is paying a fair share, consideration should be given to having all the citizens of Anaheim ~pay for the necessary capital improvements. Councilman Clark stated imposing additional property or utilities taxes would be taxing the necessities of life, whereas recreation and enter- tainment are not necessities; however, he added, he realized the value of the recreational industry in attracting people to the Anaheim area. Councilman Pebley stated ~e has received complaints from citizens that, in addition to the Stadium losing money each year, Anaheim taxpayers must pay for additional traffic police for every ballgame besides maintaining the grounds and facility. ~ Councilman Dutton disagreed that the Stadium is losing money, but averred extra policemen are required for ballgames as well as Disneyland ac- tivities. Mr. Lindquist admitted imposition of an admission or entertainment tax would hurt Disneyland less than any other recreational or entertainment activity in Anaheim; however, because of the much greater attendance at Dis- neyland, he believed such a tax would mean probably 80% of the total revenues would come from Disneyland visitors. Councilman Pebley asked Mr. Lindquist if he believed a utilities tax would be more fair than an admissions tax. Mr. Lindquist answered that he was opposed to any new taxation; however, he believed Disneyland management would prefer a utilities tax to 70-460 .~. Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1970, 8:00 A.M. an admissions tax if one or the other is a necessity, as a utility tax is not aimed at a certain group. M~ BoWsfield indicated agreement w~th Mr~ Lindquist: Mr. Murdoch advised a 5% utilities tax, which is the rate adop- ted by.some'California chartered cities,~would result in $1,000,000.00 less in revenues~thanan admissions tax. ADJ~QURN~,NT: Councilman Clark moved to adjourn. Councilman Thom seconded the motion. MOTION CARRIED. ADJOURNED: 12:00 Noon. Signed~ City Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1970, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton 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 Dutton called the meeting to order. INVOCATION: Reverend O. L. Underwood, of the Anaheim Foursquare Church, gave the Invocation. FLAG SALUTE: Councilman Ralph B. Clark led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATION: "Constitution Week", September 17 to 23, 1970, was proclaimed by Mayor Dutton and unanimously ratified by the City Council. RESOLUTIONS OF WELCOME: Resolutions of Welcome to teachers-i~n..the "ANAHEIM ELEMENTARY SCHOOL DISTRICT" "ANAHEIM UNION HIGH SCHOOL DISTRICT" were unanimously adopted by the City Council. MINUTES: Minutes of the Anaheim City Council meeting held August 25, 1970, were approved on motion by Councilman Clark, seconded by Councilman Thom. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the readiDg 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 Clark seconded the motion. MOTION UNANIMOUSLY CARRIED. REP.ORT r FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $328,373.16, in accordance with the 1970-71 Budget, were approved. 70-461 City Hall, ~naheim, Calgfornia - COUHCIL MINUTES - September 8, 1970, 1:30 P.M. CONTINUED P~B~G ~ARING - A~A~_~DEVELOpMENT pLA~ NO. 106: To consider street ac-- cess and vehicular circut~ton for the area bounded by Crowther and Orange- thorpe Avenues between ~'~mer Boulevard and the City Limits westerly from Kraemer Boulevard approximately 1,500 feet. The City Planning Commission, pursuant to Resolution No. PC70-137, recommended adoption of Area Development Plan No. 106 in accordance with Ex.- habit A, subject to the following conditions: 1. That the owners of property in the study area dedicate a strip of land 49 feet in width along the easterly extension of Kensington Avenue, and a strip of land 56 feet in width for a new street, along the westerly City of Anaheim city limits; and that a one foot holding strip along the northerly and westerly boundary of said streets be conditionally granted in fee to the City of Anaheim. 2. That trees shall be ·planted and maintained along both side of said local streets, in accordance with the City of Anaheim standard street plans. Public hearing was held at the meeting of August 25, 1970, and con- tinued to this date at the request of Edward Kozlowsky on behalf of concerned property owners. Zoning Supervisor Charles Roberts noted the location of subject 29 acres of property, existing uses and zoning in the area, and briefed the e¥i- dence submitted to and considered by the City Planning CoMmission. Mr. Roberts reported that in 1968 a tentative map was submitted with a request for R-3 reclassification on the western part of subject pro- perty, at which time it was determined a street should be stubbed in to the east boundary to provide circulation back to Krae~er Boulevard; owners of the R-3 property subsequently submitted plans for a large multiple-family 6omplex, including provision of a street to their east boundary along thei~ northern boundary, and, to avoid future possibility of overlooking the need for a street to the east boundary of subject study area, it was deemed neces.- sary to develop Area Development Plan No. 106. Mr. Roberts advised the Development Services Department recommended that, if subject area development plan is adopted in conformance with City Planning Commission Resolution No. PC70-137, the following be added to Con- dttion No. 1: "The condition of said grant to be development of the adja- cent property in City of Placentta for industrial uses." City Attorney Joseph Geisler advised such a conditional grant could not legally be enforced. Councilman Pebley suggested ownership of the one-foot strip of'l~nd in question could be retained, but dedication of all ingress and egress rit.hts required, so that if et some future date it was deemed desirable to allow in- gress and egress, the owner could recover half of his cost of developing street. Mayor Dutton asked if anyone wished to address the Council. Edward Kozlowsky, representing Nor'east Plaza, Ltd., 120 E1Camin.o Drive, Beverly Hills, owners of property in said study area, stated there was no objection to the recommended Area Development Plan; however, since the cost of improvement could change greatly between now and when adJoinin~; property was developed, he suggested dedication of the one-foot strip of lend mentioned in .Condition No. 1 of City Planning Commission Resolution No. PC?O- 137 be made to the City with a reversionary interest in the event the property to the west and north is not developed for industrial use. Councilman Pebley explained his recommendation would be to establish the cost of de~elopin$ the entire street at this time, and then if the adjoin- ing Placentia property later should be developed other than industrially, the developer would be required to reimburse half of that cost plus 6% interest per year before ingress and egress rights would be granted. 70-462 C~y Hall,,.An. ah~im, California - COUNCIL MINUTES,.-, Septembe~ 8, 1970, 1:30 P.~. Mr. Koz,lowsky. St~ted thi~ procedUre Was a~e~bi~e~ith 'him. Mayor Dutton asked if'-any6~e else wlshed t0 '~add~ess the Council; there being no response, he declared the h~arigg closed. ~ESOLUTiON NO. 70R-4~3: CoUncilman~'P~bIey off,red R~S0~!~ion No'~ 70R-433 for adoption, ~~ Area ~D~veio~meht~fi~ N~i'105, i~ a¢c%?dance With Exhibit "A,, as recommended bY the. City Plann%ng~Commission, subject to the,f~llowi~g condition~:,_ ~.~ ~ ~. ~ . . ~ ~,~:..~.~ i~ That the owner o~cproperty within the study area shall con- ditiPggl~y..'grantliD.fee,.to~th~-,City of,Anahei~a,,onerfo0t holding~st~ip immediately adjacent to the Placentia city bo~ry, from the~easte~ly ter- minus-o~Kensington Ave~e ~o C~owther Avenue as. depicted-on Area Develop- ment Plan No. 10~, Exhibit A, ad~ptedby the City Cpun¢il; the condition of said grant to be development of the adjacent property' in the City of Placentia for industrial uses. ~ . 2., That a predetermined price for~ the one-foot.holding strip shall be~calculat~d to reflect~the actual costs of land and-a ~proportionate share of underground utilities and street improvements, and an offer~ of dedication for street and highway purposes of the one-foot strip shall be made by the proPerty owner to the G~ty of Anaheim, submitted, approved and recorded prior to final~building inspection. Said offer of dedication shall be effective only in the· event of ·the development of the adjacent property in the City Of Placentia'for other than industrial uses. 3. That the owners of-property within the study area shall grant an easement~deed for road and utility purposes to the City of Anaheim suf- ficient~land to provide a 49-foot wide street ~beginning at the easterly ~terminus of Kensington Avenue a~d extending.easterly approximatel~ 200 feet where it would knuckle and transition into a 56-foot wide street that would proceed northerly, 'paralleling the City boundary,, to Crowther as depicted on Area Development Plan No. 10.6, Exhibit A, adopted by ~he. City Council; said 49-foot width being the southerly 49 feet of the northerly 50 feet lying immediately east of the present eastemly terminus of~Ken- sington Avenue and adjacent to the Placentia city boundary;.and said 56- foot width being the easterly 56 feet of the westerly 57 feet lying im- mediately adjacent to the Placentia city boundary south of Crowther Aven~e. ~4. ~That trges shall be planted and maintained along both sides of said local streets, in accordance with the City of Anaheim standard street plans. . · 5. The conditional dedication set forth in Condition 1 above, and ~he, offerof dedicati~n se~. forth in Condition ~ above, shall expire at the end of twenty years unless they have been acted upon prior to that time. ~ ~ . Re, er ~o Resolution ~ook..~ A RESOLUTION OF THE CITY CouNCiL OF THE CITY OF ANAHEIM APPROVING AREA DEVELOPMENT PLAN NO. 106, EXHIBIT "A". Roll Call Vote: AYES: COU.NCILMEN: Clark, Stepbenson, Pebley, Thom and Dutton NOES:· COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declare~ Resolu~ion No. 70R-433 duly passed and adopted. PUBLIC HEARING - ABANDONME~ NO, 69-38A~ Public hea~ing was held on proposed abandonment of a 5-foot public utilitY easement, .requested by George M. Holstein III. Property located within Lot No, 71 of Tract No. 5593; pur- suant to Resolution No. 70R-415, duly published .in the Anaheim Bulletin and notices:thereof posted in accordance, with law. . Report of the ~Ci~y Engineer .w~s ~ submitt~d,~ recommendin~aPprdVal. Mayor Dutton asked if anyone Wished to address the Council; there being no response, declared the hearing closed. 70-463 City Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1970, 1:30 P.M. RESOLUTION NO. 70R-434: Councilman Clark offered Resolution No. 70R-434 fo~ adoption, approving Abandonment No. 69-38A, as recommended by the City En- gineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES (69-38A). (Lot 71, Tract 5'593.) ~ Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: AB SENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-434 duly passed and adopted. PUBLIC WEARING - RECLASSIFICATION NO. 70-71-6 AND VARIANCE NO. 2193: Submitted by Rockland Investment Company, Incorporated, for a change of zone from R-A to R-3, to establish a 25-unit apartment complex on 'property located on the north side of Ball Road, west of Western Avenue, with waivers of: a. Maximum building height within 150 feet of any R-A or single- family residential zone. (Partially withdrawn). b. Minimum required land area per dwelling unit. (Withdrawn). The City Planning Commission, pursuant to Resolution No. PC70-145~ recommended said reclassification be approved, subject to the following con- ditions: 1. That all engineering requirements of the City of Anaheim along Ball Road, including preparation of improvement plans and installation of all improvements, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned require- ments. 2. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 3. ~hat fire hydrants shall be installed as required and deter- mined to be necessary by the Chief of the Fire Department. 4. That a 6-foot masonry wall shall be constructed along the north and east property lines and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted to insure installation of said wall within two years. 5. That all air-conditioning facilities shall be 'properly shielded from view, and the sound buffered from adjacent residences. 6. That subject property shall be served by underground utilities. 7. That the owner of subject property shall pay to the City of Anaheim the sum of $75.00 'per multiple-family unit, to be used for park and recreation purposes, said amount to be 'paid at the time the building permit is issued. 8. Prior to the introduction of an ordinance rezoning subject pro- · perty, Condition No. 1, above mentioned, shall be completed. The 'proviston~ or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof, or such further time as the City Council may grant. 9. That Condition Nos. 2, 3, 4~ 5, and 6, above mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC70-146, granted said variance in part, granting Waiver "a", as pertains to R-A pro- perty to the east and north only. That portion of Waiver "a" pertaining to the parcels within 150 feet of R-1 properties, and Waiver "b" having been withdrawn by Petitioner, and subject to the following conditions: 70-464 City Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1970, 1:30 P.M. 1. That this variance is granted subject to the completion of Reclassification No. 70-71-6. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, and 3, provided, however, that the one-story height limitation be maintained within 150 feet of the R-1 property to the south, and a minimum 1,200 square-feet of net land per dwelling unit shall be provided. The City Clerk submitted correspondence received this date from Mr. and Mrs. William R. Schaeck, Mrs. Lilly Fischer, Mrs. Robert W. Clem- mons, and Mr. William Duoba, primarily in opposition to construction of a two-story apartment complex on the parcel of land "mostly surrounded by one-story, single-family homes." Zoning Supervisor Charles Roberts noted the location of subject property, the existing uses and zoning in the immediate area, and briefed the evidence submitted to and considered by the City Planning Commission. He further advised the Applicant has withdrawn his request for waiver of the minimum required land area per dwelling unit, and request for waiver of the requirement for one-story apartment development within 150 feet of R-1 ~property, requesting the waiver be granted only to the R-A properties to the east and north of subject property. Mayor Dutton asked if the Applicant or his Agent was present and wished to address the Council. Harry Knisely, 1741 South Euclid Street, representing the Ap- plicant, said that by withdrawal of most of their waiver requests they are now seeking merely technical waiver 'and app.rova! of.their project. Mayor Dutton asked if anyone wished to address the Council in opposition, there being no response, declared the hearing closed. RESOLUTION NO. 70R-435: Councilman Stephenson offered Resolution No. 70R- 435 for adoption, authorizing the preparation of necessary ordinance chang- lng the zone as requested, subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELAT~ING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (70-71-6 - R-3) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No, 70R-435 duly passed and adopted. RESOLUTION NO. 70R-436: Councilman Stephenson offered Resolution No. 70R- 436 for adoption, granting Variance No. 2193, in part, subject to the con- ditions recommended by the City Planning Commission. Refer to Resolution Book, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIAN£~E NO. 2193, IN PART. Roll Call Vote: 70-465 Ci_~y Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1970, 1:30 PoM. AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-436 duly passed and adopted. TERMINATION OF CDNDITIONAL U~E PERMIT NO. 668: The City Planning Commission, pur- suant to Resolution No. PC70-147, terminated all proceedings on Conditional Use Permit No. 668 (Resolution No. 1514, Series 1964-65), as result of a new petition for reclassification (No. 70-71-6) and plans for establishment of a multiple-family residential development on the same property, (Variance No. 2193.) The foregoing action was reviewed by the City Council and no fur- ther action taken. PUBLIC HEARING - RECLASSIFICATION NO. 70-71-8 AND CONDITIONAL USE PERMIT NO. 1194: Submitted by Pierce C. O~nanney, requesting a change of zone from R-A~ C-1 (deed restricted), to C-l, to expand an existing psychological guidance cen- ter to encompass certain remedial educational and vocational facilities on property located at the northwest corner of Leisure Court and La Palma Ave- nue, with waivers of: a. Minimum required building setback adjacent to an arterial highway. b. Minimum sign elevation. The City Planning Commission, pursuant to Resolution No. PC70-14~, ~ecommended said reclassification be approved, subject to the following con- ditions: 1. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 2. That a 6-foot masonry wall shall be constructed along the west property line. 3. That all air-conditioning facilities shall be properly shiel~ied from view, and the sound buffered from adjacent residences. 4. That any parking area lighting ~proposed shall be down-lightirg of a maximum height of 6 feet, which lighting shall be directed away from the property lines to ~protect the residential integrity of the area° 5. That a parcel map to record the approved division of subject property be submitted to and approved by the City of Anaheim and then be recorded in the office of the Orange County Recorder. 6. That Condition No. 5, above mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from the date hereof, whichever occurs first, or such further time as the City Council may grant. 7. That Condition Nos. 1, 2, 3, and 4, above mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution Not PC70-149, granted said conditional use permit, subject to the following conditions: 1. That this conditional use permit is granted subject to the completion of Reclassification No. 70-71-8. 2. That subject .property shall be developed substantially in ac- cordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, 3, 4, and 5, Zoning Supervisor Charles Robert~ ~oted ~he location of subject property, the existing uses and zon!n~ in ~hm immediate ~r~a, and briefed the evidence submitted to and considered by th~ Cit~ ~lanning Commission. Mayor Dutton asked if the Applicant 9~ his Agent was present and was satisfied with the conditions recommended.~By the City Planning Commission, to which he received an affirmative reply. 7O-466 City Hall, Anaheim, California - COUNCIL M~NUTES - September 8, 1970, !:30 P.M~ Mayor Dutton asked if anyone wished to. address the Council; there being no response, declared the hearing closed, RESOLUTION NO. 70R-437: Councilman Pebley offered Resolution No. 70R- 437 for adoption, authorizing the preparation of necessary ordinance changing the zone as requested, sqbject to the conditions recommended by ~he City Planning Commiss'ton. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL. OF THE' CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (70-71-8 - C-l) Roll Call Vote: AYES: COUNCILMEN: 'NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Peb-ley, Thom and Duttor~ None None The Mayor declared Resolution No. 70R-437 duly passed and adopted. RESOLUTION NO. 70R-438: Councilman Pebley offered Resolution No. 70R- 438 for adoption, granting Conditional Use Permit No. 1194, as requestec, 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 GRANTING CONDI- TIONAL USE PERMIT NO. 1194. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN': ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutto~ None None The Mayor declared Resolution No. 70R-438 duly passed and adopted. VARIANCE NO. 2158 - REQUEST FQ~ BEAUTY SALON RELOCATION: Request of Dean A. and Barbara Bernstrom was submitted for permisSiOn to rel'ocate the exist- ing beauty salon allowed under Variance No. 2158, from garage to a pro- posed new addition, thereby permitting the garage to revert to its original use as parking space for two cars, together with report of the Development Services Department recommending that, if the relocation is granted, the building addition be required to conform with the existing architecture. On motion by Councilman Thom, seconded by Councilman Clark, location of the beauty salon under Variance No. 2158 was authorized as re- quested, subject to the recommendation of the Development Services Depart- ment. MOTION CARRIED. REQUEST - THE TOWN TOUR COMPANY: Request of Michael L. Valen, President of The Town Tour Company, a division of Valen Parking Manasement Company, hr a~,- proval of specific4 fa~e increases, route expansion, and a permament status transpOrtation;permit was'submitted to-the City Council on June 2, 1970,at which time action was deferred until Staff studies could be made of Ana- heim's transportation systems and after a Public.~Utilities.Co~ission h~ari'ng, Ceque~Z~d ~y Anaheim.Ji.~ney'Systems, Inc, Also submitted was a Staff report by the City Manager's office, recommending the route expansion request be authorized, with a modifica- tion. 7O-467 City Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1970, 1:30 P.M. City Attorney Joseph B. Geisler reported a telephone request from the Attorney for Anaheim Jitney Systems, Inc., that subject ~petition be de- layed to allow his attendance. Councilman Stephenson stated if it was physically impossible for the Anaheim Jitney Systems, Inc. Attorney to attend today's meeting he was in favor of granting their continuance request, and thereu'pon invited a rep- resentative of Anaheim Jitney Systems, Inc. to address the Council regard- ing the continuance request. Andrea Adams, Public Relations Officer for Anaheim Jitney Systems, Inc., advised the request for continuance was made because reports could not be located on the results of the Public Utilities Cou~nission hearing on a complaint against The Town Tour Company filed by Anaheim Jitney Systems, Inc. Councilman Clark advised that if the Public Utilities Commission hearing was relevant to The Town Tour Company request, continuance should be granted. Michael L. Valen, President of The Town Tour Company, advised thmt to his knowledge, the Public Utilities Commission had made no formal report on its hearings'held August 11 and 12, and added that no mention of unfair competition was made by Anaheim Jitney Systems, Inc. at the hearing. Mr. Valen reported the Public Utilities Comanission had requested The Town Tour Company stipulate to a route restriction within 4/10 mile be- yond the Anaheim City Limits, and advised this request had been complied with. Assistant City Attorney Alan Watts stated he had attended the Aug- ust 11, 1970 Public Utilities Com~nission hearing, and at that time testimo~y centered around whether or not The Town Tour Company was traveling into Buena Park, beyond the limitations of 2% of tkeir route miles, and therefore, he could see no relevancy between the Pdblic Utilities Commission hearing and the request of The Town Tour Company before the City Council. Mr. Watts further advised that, to his knowledge, no formal repo~'ts on result of the Public Utilities Commission hearings had been received by the City of Anaheim as a registered interested 'party. Councilmen Stephenson and Clark withdrew their objection to havi~g The Town Tour Company request reviewed at this meeting. On motion by Councilman Thom, seconded by Councilman Pebley, req~est of Anaheim Jitney Systems, Inc. for continuance of The Town Tour Company pe- tition was denied. MOTION CARRIED. In answer to Councilman Pebley, Mr. Valen indicated his agreement with the route modification recommended by the City Manager's office, and presented for file a revised route map, reflecting the requested modifica- tion. Mayor Dutton received no response to his invitation to members of the audience to address the Council in opposition. Mr. Valen agreed to furnish the City Clerk with up-to-date maps of all TOwn Tour Routes. On motion by Councilman Pekley, seconde~,..by Councilman Thom, re- quest of The Town Tour CompanM for faC~ changes, Permanent transportation permit, and route expansion, ~hbject to.modlficatton .aS recommended by-the City Manager's office, was granted,~ MO~tON.CARRIED,~ RECLASSIFICATION NO. 69-70-1 AND VARIANCE NO. 21QO ~- EXTENSION OF TIME: Request of Juanita Hagopian, Green Mansion Realty Agent, was submitted for a six- month extension of time to Reclassification No. 69-70-1 and Variance No. 2100 to allow for development of plans to include some additional land purchased adjacent to subject property, together with report of the Develop- 7O-468 City ~all, Anaheim, California - COUNCIL MINUTES - September 8, 1970, i:30.P.M.. ment Services Department recommending a six-month extension of time be granted, to expire February 19, 1971, and that a new reclassification be filed to rezone the southerly parcel fr°m R-A to R-3. David Collins, owner of adjacent property south of subject pro- perty, was reassured no action was being taken to rezone that portion of his property not sold to the Applicant. On motion by Councilman Thom, seconded by Councilman Stephenson, a six-month extension of time to Reclassification No. 69-70-1 and Variance No. 2100 was granted, to expire February 19, 1971, subject to the recom- mendations of the Development Services Department. MOTION CARRIED. ANAHEIM ~AMBER OF COMmeRCE RESOLUTION - INDEPENDENT REDEVE~0P~NT AGENCY: Reso% lution of the Anaheim Chamber of Commerce was submitted, recommending the City Council appoint by ordinance an independent redevelopment agency~from a cross-section of Anaheim business and professional men; that the de- pressed area bounded by North, South, East and West Streets be designated as a prime area for redevelopment; that the agency consider all methods of financing; the agency develop a well-balanced plan; and that the City of Anaheim enforce existing building codes to expedite upgrading of build- ings in the area. Mayor Dutton invited a representative of the Anaheim Chamber of Commerce to address the Council. George Doherty, Chairman of the Chamber of Commerce City Cente~ Renewal Committee, stated his committee had studied redevelopment of "old" downtown Anaheim for four years, and urged the Council to take affirmative action on their request. Councilman Dutton expressed concern about taking redevelopment authority out of the hands of the City Council and delegating it to othe:~s. Councilman Clark suggested a more appropriate approach would be to appoint an Advisory Committee, along the same lines as the City Plan- ning Commission. Mr. Doherty cited San Bernardino as an example where an agency~ such as proposed by the Anaheim Chamber of Commerce, had been instituted~ Councilman Dutton reiterated his reluctance to relinquish author- ity in such matters; Councilman Stephenson indicated his agreement. Mr. Doherty contended it was the duty of the Council to see that redevelopment action was taken and his committee believed an independent agency could make the most progress. Councilman Clark stated he believed redevelopment was an area for a commission with a status of authority; however, responsibility for expending taxpayer funds or getting involved in subsidy programs, emin- ent domain condemnation proceedings, should remain in the realm of the City Council. The City Attorney advised appointing a Redevelopment Agency would indicate a determination to go forward with a redevelopment pro~ect and would give that agenc~ power to proceed. C,~ncilman C%ark recommended putting the. issue on the November 3, 1970 General Election. ballot; Councilmen Thom and Dutton agreed this would be acceptable. The City iAttorney waa~of t~ op~n£.on the deadline for adding items to the November 3, 19707~eral Election Ballot had pass, ed. David Collins, 1077 'West Ball Road,~declared his belief the City Council was elected by the citizens of Anaheim and such~ issues as this should not be. put on an election ballot. 70-469 City Hall, Anaheim, California- COUNCIL MINUTE,S-.September 8, 1970, 1:30 P.M. Assistant City Manager Robert M. Davis advised that technically, the Redevelopment Agency had not been discharged from their responsibilities, although they had submitted their final report. Larry Sierk, Executive Vice-President of the Anaheim Chamber of Commerce, declared the position of the Anaheim Chamber of Con~nerce was that some action must be taken on redevelopment of downtown Anaheim, either by the City Council itself, or the Council appointing a Redevelopment Agency, since even though downtown Anaheim is the better geographic location, retail dollars are flowing out to suburban shopping centers. Ben Cutter, owner of the former Lincoln House Cafeteria, stated he had not been able to keep his facility rented because Anaheim's downtown area, including sidewalks, is a "disaster." He added he had remodeled his building twice and was going to do it again, since he believed redevelopment was a responsibility of the City Council and downtown owners. Jose Arias, member of the Anaheim Chamber of Commerce Executive Cc,m- mittee and Resident Manager of the Disneyland Hotel, suggested the City Cou~.- cil meet with the Anaheim Chamber of Commerce Executive Committee to set up some guidelines. Joseph White stated he believed Federal funds would be necessary to carry on any redevelopment project. Following Council discussion, Mayor Dutton appointed Councilman TLom to set up a meeting of the City Council and the Anaheim Chamber of Commerce Executive Committee. RESOLUTION NO. 70R-439 - AWARD OF WORK ORDER NO. 597-A: In accordance with recom- mendations of the City Engineer, Councilman Clark offered Resolution No. 70k- 439 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PW~LIC IM- PROVEMENT: THE MIRALOMA AVENUE STREET IMPROVEMENT FROM APPROXIMATELY 800 FEET EAST OF JEFFERSON STREET TO JEFFERSON STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 597-A. (R.J. Noble Company - $9,642.00) Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-439 duly passed and adopted. RESOLUTION NO, 70~-440 - AWARD OF WORK ORDER NO. 59~A: In accordance with recom- mendations of the City Engineer, Councilman Pebley offered Resolution No. 70R-440 for adoption. Refer to Resolution Book, A RESOLUTION OF TM CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CO.ACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SMRV!CES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMI[,~ ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE EUCLID STREET AND STORM DRAIN IMPROVEMENT FROM APPROXIMATELY 43 FEET NORTH OF SUMAC LANE TO 150 FEET SOUTH OF SUMAC LANE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 598-A~ (Silveri and Ruiz Construction Company - $13,216.00) 70-~70 City Hall,. Anaheim, California- COUNCIL MINUTES- Sept~mb. er 8, 1970, 1:.30 P.M. Roll Call Vote: AYES: COUNCILMEN: Clark, StephenSon, Pebley, Thom and Dutton NOES: COUNCILMEN:' None ABSENT: COUNCILMEN: None The MaYor declared Resolution No. 70R-440 duly passed and adoPted. RESOLUTION NO. 70R-441-'AWARD OF WORK ORDER NO. 637; In accordance with re- commendations of the City Engineer, Councilman StephensOn offered Resolu- tion No. 70R-441 for adoption. -' Refer to ResolutiOn Book.' ' · A RESOLUTION OF THE CITY COUNCIL OF. THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIP- MENT ANDALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE ~. FOLLOWING PUBLIC IMPROVEMENT: THE BROADWAY~ ELM STREET' HELENA STREET AND HARBOR BOULEVARD STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 637. (O.E. Henderson Construction Company - $5,423.46) Roll Call Vote: AYES: COUNCILMEN': NOES: COUNCILMEN: AB SENT: COUNC ILME N: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-441 duly passed and adopted. RE,SOLUTION NO. 70R-442 - WORK ORDER NO. 600-B: Councilman Stephenson OffereC Resolution No. 70R-442 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC- TION AND COMPLETION OF A PUBLIC IMPROVEMENT,'TO WIT: THE IMPROVEMENT OF LA PALMA AVENUE FROM APPROXIMATELY 184 FEET EAST OF MAYFAIR AVENUE TO EUCLID STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 600-B. AP- PROVING 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 - October 1, 1970, 2:00 PiM.). Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-442 duly passed and adopted. RESOLUTION NO. 70R-443 - WORK ORDER NO. 593-A: Upon receipt of certification from the Director of Public Works, Councilman Dutton offered Resolution No. 70R-443 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COM- PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: FURNISHING AND INSTALLING TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF DALE AND ORANGE 70-471 City Hall, A~aheim., California - COUNCIL MINUTES - September 8~ 1970, 1:30 P.M. AVENUES, IN THE CITY OF ANAHEIM, WORK ORDER NO. 593-A. Company.) Roll Call Vote: (Smith Electric AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-443 duly passed and adopted. RESOLUTION NO. 70R-444 - WORK ORDER NO. 594-A: Upon receipt of certification from the Director of Public Works, Councilman Dutton offered Resolution No. 70R- 444 for adoption° Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COM- PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: FURNISHING AND INSTALLING TRAFFIC SIGNALS AND SAFETY LIGHTI~G AT THE INTERSECTION OF BROADWAY AND DALE AVENUE, IN THE CITY OF ANAMEIM, WORK ORDER NOo 594-A. (Smith Electric Company.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-444 duly passed and adopted. PROPOSED ABANDONMENT - RESOLUTION NO. 70R-445: Councilman Thom offered Resolu- tion No. 70R-445 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTEN- TION TO VACATE CERTAIN REAL PROPERTY AND FIXING A DATE FOR HEARING THEREON. (69-29A - September 29, 1970, 1:30 P.M. A portion of Blue Gum Street between Orange and Santa Ana Street.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None. The Mayor declared Resolution No. 70R-445 duly passed and adopted. SALE OF CITY-OWNED PROPERTY: The Assistant City Manager reported that, because of growth in the area, a portion of City-owned property on Julianna Street no longer was deemed desirable for use as a sweeper dump site, Mr. Davis advised that Hobbs Trucking Company hsd indicated a desire to purchase this dump site property, and thereupon recommended the City Council authorize such sale. On motion by CQun~ilman Cl~rk, secQR4.~d by Councilman St'ephenson, the City Manager was au~hor{~Zed to pro0eed w!~h negotiations on the sale of the sweeper dump sit9 ~n Ju~nna Street on the ba~£s of ~he $~0,855.00 ap- praised market value estab.l~shed by ths ~ight-of-Way Division. MOTION CARR]iED. PURCHASE OF EQUIPMENT: The Assistant City Manager reported on the recommended purchase of a Toro "Super Pro" Mower and advised ~hat the one manufacturer, Pacific Toro Company, Inc., had submitted a quotation for said equipment in the amount of $2,850.75, including tax, less trade-in value of $315.00. He thereupon recommended the purchase be authorized. 70-472 City Hall., Amaheim~":Califpr. nia ' COUNCIL MINUTES ' September 8, 1970, 1:30 P.M; On motion by Councilman StePhenSOn, seconded by Councilman Clark, purchase was authorized from Pacific Toro Company, Inc., in the amount of $2,535.75, including tax and trade-in. MOTION CARRIED. PURCHASE OF EQUIPMENT: The Assistant City Manager reported on informal bids receive~'for the purchase of 1 Shunt C.apacitorBank,'as follows.: VENDOR ~TOTAL AMOUNT, INCLUDING TAX Sangamo Electric Company, LoS .Angeles - - , - $11,668.65 McGraw-Edison, Los Angeles 11,709.60 Westinghouse Electric Corporation, LoS Angeles - - -12,.022.~0. General Electric Company, Los Angeles .... ~.12,283.95 On recommendation of the City Manager, Councilman Pebley moved that the low bid of Sangamo Electric Company be accepted and purchase au- thorized in the amount of $11,668.65, including tax. Councilman Clark seconded the motion. MOTION CARRIED. CLAIMS AGAINST THE CITY: .The following claims were denied, as recommended by the City Attorney, and ordered referred to the insurance carrier, on mo- tion by Councilman Dutton, seconded by Councilman Pebley: · a. Claim filed by Fitzgerald, Harriman and Gaughan, Attorneys at Law, on behalf of John W. Wehren, for damages purportedly resulting from his improper discharge from the City of Anaheim, on or about June 10, 1970. b. Claim filed by Mrs. Anna Gorsvans, for purported personal injury damages resulting from falling on sidewalk, on or about August 11~ 1970. c. Claim filed by Gary E. Gunderman, Attorney, on behalf of George Rothfuss, for restitution of property purportedly sold by the Ana.. helm Police Department at a public auction while claimant was in Orange County Jail. MOTION CARRIED, SOUTheRN COUNTIES GAS COMPANY OF CALIFORNIA FRANCHISE - MERGER: On motion by Councilman Thom, seconded by Councilman Pebley, notification and copy of merger agreement between Southern Counties Gas Company of California and Southern California Gas Company into one company, Southern California Gas Company, were ordered received and filed, MOTION CARRIED. CORI~ESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Pebley, seconded by Councilman Stephenson: a. Before the Civil Aeronautics Board - Washington, D.C. - Los Angeles Airways, Inc., for renewal of temporary exemption. b. Minutes - Community Center Authority r August 17, 1970. c. Minutes - Orange County Mosquito Abatement District - August 20, 1970. d. Financial and Operating Reports for the month of July, 197,3. MOTION CARRIED. ORDINANCE NO. 2855: Councilman Stephenson offered Ordinance No. 2855 for adop- tion. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-4 -R-A - Lakeview-LaPalma Annexation) · Roll Call Vote:. 70-473 City Hail, An. ahe..%m, California- COUNCIL MINUTES-. September 8,.1970.~ .1:30 P.M. .AYgS: COUNCILM~N: N0~S: COUNCILMEN: AB SENT: COUNCILMEN: Clark, Stephenson,. Pebtey, Thom and Dutton None :, . ~:" . . None The Mayor declared Ordinance No. 2855 duly passed and adopted~ ORDINANCE NO. 2856: Councilman Clark offered Ordinance No...2856 .for first'reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE .%8 'OF ~THE 'ANAHEiM MUNiciZ>AL CODE RELATING TO ZONING. (69- 70- 10 - R- 3) TRANSFE~ OF FUNDS -"ANAHEIM BEAUTIFUL": Mayor Dutton invited Mrs. Thelma Jordan, Chairmam of the "Anaheim Beautiful" Standing Committee of the Cultural Arts Commission, to address the Council regarding their request for funds in the amount of $400.00 to form "Anaheim Beautiful" as an independent community organization. Mrs. Thelma Jordan advised it is anticipated "Anaheim Beautiful" will be self-supporting after the initial organizational activities. Councilman Thom moved to transfer funds in the amount of $400.00 from the Council Contingency Fund to the "Anaheim Beautiful" Standing Com- mittee of the Cultural Arts Commission, to assist in formation of "Anaheim Beautiful." Councilman Clark seconded the motion. MOTION CARRIED. DINNER DANCING PLACE PERMIT: Application filed by Mrs. Ruth Schulte, for dinner dancing place permit to allow dancing seven nights a week, from 4:00 P.M. to 2:00 A.M., at Country Girl, 226 North Manchester Avenue, was submitted and granted subject to provisions of Chapter 4.16 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Pebley, sec- onded by Councilman Stephenson. MOTION CARRIED~ RESOLUTION NO. 70R-446: Councilman Dutton offered Resolution No. 70R-446 for adoP~ tion, amending Resolution No. 69R-728. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF ANAHEIM CORRECTING, h=0'NC PRO TUNC, R~$OLUTION NO. 69R-728, WHICH LEVIED ~N ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING ASSESSMENT DISTRICT 69-1 FOR THE FIRST CONTRACT YEAR FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR THE ENSUING CONTRACT YEAR. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-446 duly passed and adopted. ZONING CON~II~E~.~ION - PHOENIX CLUB: Councilman Clark reported the mobile home park that had been allowed to build next to the Phoenix Club had complained of excessive noise from the Phoenix Club, and suggested this be kept in min~ when considering future requests for residential developments near an alrea:]y- existing facility such as the Phoenix Club, Councilman Pebley suggested, if the mobile home park does not yet have final building inspection, a row of trees could be reqUired along the fence between the two properties. Zoning Supervisor Charles Roberts agreed to check into the matter. 70-474 City Hall,.Anaheim, California- COUNCIL MINUTES- September 8, 1970, 1:30 P.M. ~~,,~.Cp~cilma;~' ~eb~.ey ,??v. ed to Ad~ou. rn. ,, Councilman Thom secoaded ion. MotIos CA~tI~.D. City Clerk City,Hal. l~ Anaheim,. California- COUNCIL MINUTES- September 15, 1970, 1:30 P~M.:. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Clark, Stephenson,Pebley, Thom and Dutton ABSENT: COUNCILMEN: None PRESENT: ASSISTANT CITY MANAGER: Robert M. Davis ASSISTANT CITY ATTORNEY: Alan Watts CITY CLERK: Dane M. Williams CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. INVOCATI.ON~ Reverend Dean Humbert, of the Trinity UnitedMethodistiChum~h, gave the Invocation. F.LAG SALUTE: Councilman Mark A. Stephenson led the Assembly in the Pledge of Allegiance to the Flag. MINUTES: Approval of the Minutes of the Adjourned Regular and Regular meetings held September. 1, 1970, and .Adjou=ned Regular and Regular meetings held September 8, 1970, were deferred. WAIVER q~ READING ~ ORDINANCES AND'RESOLUTIONS: councilman Pebley 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 Councilman, un- less after reading of the title, specific request is made by a Council- man for the reading of such ordinance or resolution. Councilman Thom seconded the motion. MOTION UNANIMOUSLY CARRIED. REp0~T - ~I.N~.CIAL DEMA~S AGAINST THE CITY: Demands against the City, in the amount'of $8~0,902.41, in accordance with the 1970-71 Budget, were ap- proved. PUB~I C ~E.ARING - ORANGE-RED GUM ANNEXATION: In accordance 'with 'Resolution No. 70R-402, duly published as recorded by law, and notices mailed to pro- perty owners'Within the area, public hearing was held on the proposed annexation of.uninhabited territory known and designated as Orange-Red Gum Annexation? The City Clerk reported that no written protests to the pro- posed annexation had been filed in the office of the City Clerk. Mayor Dutton asked if anyone wished to address the Council; there being no response, declared the hearing clOsed. RE,SOLUTION NO..70R-447: Cquncilman Stephenson offered Resolution No. 70R-447 for adoption. Refer to Resolution Book.