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1951/03/27 101 Citv Hall, Anaheim, Californi~March 27, 1951 - 8:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT! COUNCIl~~N! PearGon, Wisser, Boney and Van Wagoner. ~~SENT: COUNCIL~~N; Heying. CITY ATTORNEY: PRESTON TUR1TER: Present. CITY ADMINISTRATIVE OFFICER: KEITH MURDOCH: Fresent. The t4tnutes of the Regular Meeting held March 13, 1951 were approved as ma.iled on motion by Councilman Boney, seconded by Councilman Wisser. MOTION OARRIED. DE~~:GS: Councilman Van Wagoner reported demands against the city amounting to $66,268.06. Councilman Eoney moved that report of Finance Committee be accepted and that warrants be drawn upon the Treasurer to pay said demands in accordance with report. Councilman Wisser seconded the motion. MOTION CARRIED. i,Jv[;"TDECAT OlJ: JOHN SHE! r('>,: J. r. D1JVALL: Communication from John Shea, Attorne~ requesting that Variance granted under Resolution No. 1484, July 16, 1946 to J. F. Duvall, 1300 West North Street be revoked and the matter be set for Public Hearing and notice be served upon Mr. Duvall under the terms of the Resolution. He also stated additional v501ation in the use of the property in that it is being used as a Hog Farm in violation of State Health Laws and in violation of City Ordinance No. 512. Councilman Boney moved that Public Hearing be held April 10. 1951 and that notice be served upon Mr. Duvall and that adjacent property owners in the district north of' North Street, east of West Street and south of La Palma Avenue and to the city limits on the west be notified. Councilman Wisser seconded the motion. MOTION CARRIEjD. l,rJIVLb;<';RS 0]' LIJ3EAEY buA.RD: Mayor Pearson reappointed Glenn G. Fry and Mrs. Martha G. Raymond members of the Anaheim Library Board for the three-year term commencing April 1, 1951. Councilman Boney moved the foregoing appointment be ratified. Council- man Wisser seconded the motion. MOTION CARRIED. SU?.A:,JCE: ;:. L & I;.:C & AL:.J UfEP.ATIONS: United Pacific Insurance Company Policy CLP-)2795, premium $2,653.06 covering insurance on all automotive equipment, P.L. and P.D. and all operations of the City as to bodily injury or property damage. Policy approved by the City Attorney. Councilman Boney moved the policy be accepted and filed. Councilman Van Wagoner seconded the motion. MOTION CARRIED. U./=:~~RS! 3c.:EC: Jor.n II!;. G:-)~:i: Plumbers' Bond, John M. Gold accepted subject to the approval of the City Attorney on motion by Councilman Boney, seconded by Councilman Wisser. MOTION CAP~IED. A.F 1:A"rICJ FCE ~)CL: ':ATICN CF F:JNDS: Said application submitted by Comarda of the Purple Heart, Fresno, California. Councilman Boney moved said application be denied. Councilman Wisser seconded the motion. MOTION CARRIED. A:rr:EXATION: II'ir. Bocien: Mr. Boden addressed the Council requesting annexation of his and adjacent property to the City in the territory north of La Palma Avenue, east and west of Liberty Lane and on East Street to Acacia north of La Palma Avenue. Mr. Eoden was advised that the city considered the annexation of the area favorably and to continQe his efforts in completing the annexation. i.l\l(.;/ALJE' rR~:K T?At]!' C,:EKTEE 3T: The City Engineer was instructed to write the State Highway Commission to remove truck traffic from Center Street adverting traffic to another route on motion by Councilman Boney seconded by Councilman Wisser. MOTION CARRIED. It was further directed that the S~Ile communication be directed to the Associated Chamber of Commerce as to the Council's action. -l'\I\'TA iE :)ASS~NGEE 5r:;EVICE: It was moved by Councilman V8Jl Wagoner, seconded by Councilman Boney that the Santa Fe Railway be requested to resume passenger service in Anaheim on the Streamliner from San Diego to Los Angeles. MOTION CARRIED. F =:A~I F\~F, U(~ HA~;.JI.J =ARD RClM, SO~Jth Los An~;elHs Street was held over for further recommendations from the Chief of Police. .,.J,i~IHrs: EEAl..TH: Complaints recently received by Deputy Health Officer, O'Flyng as to the condition of poultry yard at 850 No. West Street operated by Mr. Carden and complaint from resident on Chestnut Street as to the keeping of cows in pasture within 2.5 to )0 feet of the homes on Oak and Chestnut Streets east of East Street were reported. 'jL;_1,;I:A'II~,N 1 rem :'J: PLAL~ 8[[,-;, SS uN as to e,ction ta.1ren on Variance No. 140 permitting L. Frank Kellogg to erect a car-port at 530 No. West Street. ~"..,- . -~. .. " "., "'~"_.-.~,_~~_=_.4'~~~~.~ - _,___CiiL Hall, Anaheim, California, March 27, 1951 - 8:00 P.M. hC" F~ ;'JAL EA?; Final Map of Tract No. 1516; tentative map of which was approved under Tract No. 1476. D. N. Snyder. containing 23 lots on South Palm Street near West Vermont Avenue and adjoining southerly portion of Tract No. 1392. Councilman Van Wagoner moved that Final Map of" said Tract No. l5l6 be accepted subject to a 7 inch curbing in tract. Councilman Wisser seconded the motion. MUTION CARE lED. C,-~-~l')Il,jAi,~,=~ Councilman Van Wagoner offered Ordinance No. 775 and moved for its passage and adoption. Councilman Boney seconded the motion. MOTION CARRIED. AN URDINA~CE OF THE CITY OF Al~AHEIM CREATING A FLANNING COMMISSION AND DEFINING CERTAIN OF ITS DUTIES AS CuNTAINED IN THE STATE OF CALIFORNIA ACT liTHE CONSERVATION AND PLANNING ACTu OF 1947 crrHIs ORDINANCE REPLACES ORDINANCE NO. 501. ENTITLED "AN ORDINANCE OF THE CITY OF ANAHEIM CREATING A PLANNING corvU~lISSION AND DEFINING ITS DUTIES" AND ORDINANCE NO. 541, ENTITLED IIAN ORDINANCE OF THE CITY OF ANAHEIM, CHEATING A PLANNING COMNISSION.tI) THE OITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1: That there be and is hereby created a Planning Commission for the City of Anaheim, which said Planning Commission shall consist of" nine (9) members appointed by the Mayor of the City of Anaheim, with the approval of the City Council. Memb~rs of the Commission may be persons who hold an office or a position with the City of Anaheim, provided, however, that the number of the members of said Commission who are not officials of the City of Anaheim shall exceed the number of members who may be officers or employees of said City. The City Engineer 2hall be a member of the City Planning Commission. SECTION 2: (a) That said Planning Commission shall have ~owers and perform the duties as provided in that certain Act of tne Legislature of the State of Califor!lia, passed and adopted in 1947, entitled, liTHE CONSERVATION AND PLANNING ACT ", which Ac t repeal s uTHE PLANNING ACTII of 1929. (b) Tlmt the Planning Commission appointed pursuant to the provlslons of the above Act shall elect its Chairman from among the appointed members for a term of one year at the last meeting in January of each year and subject to the other provisions of the law, may create and fill Slicn other offices as it may de- termine. The Chairman of the Planning Commission shall have no right to vote in tDe deliberations of said Corr~ission except in the case of a tie vote. (c) The Planning Cownission shall hold at least one regular meeting each month and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. Five (5) members of the Planning Commission shall constitute a quorum for the transaction of business. (d) The City Council shall provide the funds, equipment and accommoda- tions necessary for the work of the Planning Oommission. Such funds may be levied and collected, but shall not exceed in any fiscal year the sum of two mills on the dollar of assessed valuation. (e) Any appointee member of the Planning Commission may be removed by the Mayor, at his pleasure, but each removal shall be subject to the approval of the City Council. However, by a majority vote of the City Council, any appointed member may De removed. (r) It is expected that a~pointed members to the Planning Commission should be able to attend all regular meetings each month and non-attendance at three (3) consecutive regular meetings whould subject the member to replacement, subject to the approval of the City Council. 2) The members of the Planning Commission, except the City Engineer, shall be apF'ointed for a period of four (4) years, the terms of two (2) members eA~iring each year. If a vacancy shall occur otherwise than by the expiration of term, it shall be filled b? appointment for the unexpired portion of the term. -,;::.,;:..j~",; '::""'~"d\,,,-:.~:;,,,:::,::,,L,:.,:itll.""",,"',*~::,";Ii'",'*._'""'.~:,,"- :"-"":'-~~>':.>:._~'",,",hi:l!iiiiil\I"".'''~_~~\III,..-< ....--="'"..,-"',^.~"'""'''-_..'''.-,&:~.'''., 103 City Hall, Anaheim, California, March 27, 1951 ~ 8:00 F.M. SECTION]: If an;y section, sub-section, sentence, clause or phrase of this Ordinance for any rea.son, held to be unconstitutional, such decision sha.ll not affect the validity of the remaining portion of this Ordinance. The City Council hereby declares that it would have passed this Ord.inance a.nd each section, sUb-section, sentence, clause or phrase, irrespective of the fact that anyone or more sections, sub-sectionG, sentence, cla.use or phrase, had been declared unconstitutional. SECTION 4: That all ordinances, or parts of ordinances, in conflict with the provisions of this Ordinance are hereby repealed. SECTION 5: The City Clerk shall certify to the passage of this Ordinance and cause the same to be published once in the "ANAHEIM BULLETIN'1, a daily newspaper t TIublished and circulated in the City of Anaheim, and it shall be in effect thirty '(30) da;ls from and after its final passage. On roll call the foregoing Ordinance was duly passed and adopted by the following vote: AYES: COUNCILMEN: Pearson, Wisser, Boney and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMAN: Heying. The Mayor declared Ordinance No. 775 duly passed and adopted. ,"f\DIKANCE NO. 77b: First Heading: Councilman Boney offered Ordinance No. 776 and moved for its passage and adoption. Said Ordinance was read in public for the first time. Councilman Van Wagoner seconded the motion. MOTION CARRIED. AN ORDINAl~CE OF THE CITY OF ANAHEIM A~~lIDING SECTIONS 16, 2l, 22, 33 and 46 OF ORDINANCE NO. 701 ENTIT~D "AN ORDINAl'iCE OF THE CITY OF ANAHEIM PROVIDING FOR THE LICENSING OF CERTAIN SUBINESSES, TRADES, PROFESSIONS AND OCCUPATIONS, FIXING THE RATE uF LICENSE THEREFOR. PROVIDING FOR T~~ COLLECTION THEREOF. A~~ FIXING PENALTIES FOR irp.E VIOLATION THEREOfn. ~"Ci<."UIHCNrION: CFFEF F"Ci( UF RUBBISH: Communication from C. V. Taormina and Wm. Stepanian, 929 So. 2nd St., Alhambra, California, as to the pick up of combustible rubbish in the business district, and the same was held over for study and further consideration. r~SCLFT'I(;N liC. lE3:: Councilman Boney offered Resolution No. 1835 and moved for its passage and adoption. Councilman Wisser seconded the motion. MOTION CARRIED. RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ALL WEEDS AND RANK GROWTH GROWING UPON PUBLIC STREETS AND VACANT LOTS TO BE A NUISAJJCE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM: That there are growing upon various streets in the City of Anaheim and vacant lots adjacent to sa.id streets certain weeds and rank growth, and that said lots in the City of Anaheim are hereby declared to be a nuisance. The Superintendent of Streets of the City of Anaheim is hereby authorized and directed to give notice required by law to the owners of said vacant lots and streets adjacent thereto to remove the same, as required by law. Said Superintendent of Streets is hereby authorized and directed, upon the expira.tion of a period of ten (10) da;ys after notice as required by law, to remove any weeds and rank growth which have not been removed from said lots or streets, and th charge the cost of such removal to the lots cleaned and to the property adjacent to the streets cleaned by said Superintendent of Streets. Upon removal by said Su~erintendent of Streets of any of said weeds or rank growth, said Superintendent of Streets shall report to the City Council the lo- cation and description of any property from which he has removed said weeds or rank growth, and unless the cost of such removal is paid by the owners of sa.id lots and parcels of land, or the owners of lots and parcels of land adjacent to said streets, the sarlle shall become a lien upon said property. following vote: On roll call the foregoing Resolution was duly passed and adopted by the AYES: COUNCILMEN: Pearson, Wisser, Boney and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COlmCI1~~N: Heying. The Mayor declared Resolution No. 1835 duly passed and adopted. i!tJ;j,j.;,*""-i'''''':;~-";';:'''''';'';.;i; .;;j:i~"4;."-;,.;.,,,:;.;.,i.,,,,~:"'i_"""_-_";"~"~w.iI'*,ii;i".;i,..a:IL;$-~,;":;r"":i';'";0I<0,(6',_;,;:,~,,,_,",,,,*,,,,~,", .___._._____i2J~qall, Ana.heim, California, March 27, 1951 - .8:00 P.M. '~,-........ Councilman Boney offE~red Resolution No. 1836 and moved for its Councilman Van Wagoner seconded the motion. MOTION CARRIED. pa~sase and ado'ot:i.OD. Rii.SOLUTION Oi THE CrTl COUNCIL OF THE OITY OF ANAHEIJ.. FIXING INSTALLATION CHARGES FOR WATER Il"ST.A.LLATICi\ Al<D RAT:SS TC EE CHARG}j~D BY TF~ PUBLIC SERVICE DEPAP.TMENT FOR WATER FURNISHED n., CONSUNEHS AND FOR ALL SERYl CES RENDERED IN CONNECTICN THEREW ITH. Al'-il) REPLACING RES- OLUTION NC. 1751. WH~REAS, the City of Anaheim maintains a wa.ter distribution system for the furnisning of water to residents and inhabitants of the City of Anaheim, and WHEREAS, the City sells surplus water outside of the City Limits pursuant to the provisions of Statutes of 19l1, Chapter 715, of the State of California, and WHEREAS, it is desirable and necessary that certain rules and regulations be establisI1ed and that charges for installat ion and service be fixed, and WHEREAS, Ordinance No. 626, 3ection 34, provides that the City Council shall by Resolution fix installation charges and establish rates to be charged by the Public Service Department of the City of Anaheim for water installation and water furnished to consumers and services rendered in connection therewith. NOW, THEHEFORE. EE IT RESOLVED by the City Council of the City of Anaheim that the following rules and regulations for water installation heretofore or here- after made and rates for such installation and for water furnished and for services rendered in co~~ection therewith be, and t~e same are hereby established as follows, to-wit: 1. SUP?LY TO PREMISES UNDER SINGLE OWNEF.SHIP INSIDE CITY, OCCUPIED :BY TWO OR t.lORE INDIVIDUAL CONSU~1ERS OF WAllER. No service connection for water shall be made inside the City Limits for the purpose of S1l.1/clying through a common service, two or more independent consumers occupying preffiises held under the same ownership, unless said premises are located on the same lot or the propert~r is what is known as a court, apartment house, or block, covering more than one lot, then only provided the owner or operator of such premises shall guarantee pa.~TL1ent of all bills for water and water service. 2. SUP~:LY TO PREIIJISES UNDER SINGLE OWNERSHI? OUTSIDE CITY, OCCUPIED BY TWO OR lvlCRE INDIVIDUAL CONSUlvlERS OF WATER, AND TWO OR MORE OWNED PARCELS OF ?RO?E...'r{TY INSIDE OR OUTSIDE THE CITY. No service connection for water shall be made outside the City Limits for t, e purpose of sUyplying throut~h a comllon service, two or more independent consumers occup;/ing prerr.i ses held under the sarne owner ship, or to two or more parcels of propert~T separately owned, either inside or outside the City Limits, through a common service, except when the Department does not have facilities available to render individual services to each separate consumer. In such case, permission for common use of a service ma;l be granted onl.y provided: (a) That the consumer first in order of service shall guarantee payment of all bills for water service, and (b) That all bills for water and water service shall be rendered on the basis of al~. minimum charges and all quantities of rate blocks multiplied by the number of indivisual consumers so served, and (c) That the consumer second in order of service, and any other consumers served secondarily, shall agree to take and pay for an individual service within )0 days of notification by the De~artment of its availability. J. RESALE OF WATER. Except as may be permitted b;yr special agreement with the Department, no consumer shall resell any of the water received by him from the Department. Water used by any consumer shall be restricted to that use specified in his application for service. 4. USE OF SERVICE CON~~CTIQN WHEN PROPERTY IS SUBDIVIDED. When property provided with a service connection is subdivided, the service connection shall be considered as belonging to the lotor parcel of land it directly enters. :). '.vATER MAIN EXTENSIONS. Unless the City Council finds that the number of users seeking the laying or estension are not sufficient to justify such layinG or extendinG' the cost of all ~""'(-""i;~IJi;;("'-"""""~,i"-''''''''_C-'"""~:';E';"'';;",,",,,,"'."i.i'ii~~*~~;;,;-_,"=~~ ~"""...,,;;o,,,'_+i'",,'::';~""""'_"'< 105 _...._-...- Citv Hall, Anaheim,__Qalifornia, March ?7, 1951 - 8;00 P.M. water mains installed or exte~ded shall be borne by the owner or owners of the property abutting such mains according to the following policies: (a) Water mains installed or extended on dedicated streets and serving propert~r within the City Lixits as they existed on ~:ay 20, 1924 at the time of election on Waterworks ~ond issue shall be laid at the expense of the City of Anaheim. (b) The total cost of Water mains installed or extended in the Helen & Lynch, Industrial Tract and Co~~ercial Street Annexation shall be borne by the owners of property abutting such mains since said annexations did not participate in the Waterworks Bond payments. (c) Cost of inGtalling or extending water mains on dedicated streets and serving paroperty within the following annexations shall be borne as shown below, based on degree of participation in Waterworks Bond payments: ANNEXATION % OF COST TO PROPERTY OW1TERS % OF COST TO CITY - - - - - - - - - - - - - - - - - - - - - ------- #7 :#=8 71-9 #10 '11 #12 113 1/-14 11'15 Kirven A!~nexat ion East Anaheim Extension So. Palm St. Anne~tion Manchester Ave. Annexation So. Spadra Annexation Kennedy Annexation West La Falma Annexation Manchester Ave. Annexation 12 So. Palm St. Annexation No.2 81.5% 85.z$ 8S.zJ, 92.6% 92.6% 92. 6% 96.3% 96.3% 96.3% 18.,% 14.8% 14.8% 7.4% 7.4% 7.4% 3.7% 3 · ?,t, 3.7% (d) All water mains installed or extended on streets dedicated or annexed to the City of Anaheim $ubsequent to January 1, 1950, or on any streets in new subdivisions shall be paid for by the owners of property abutting such installation or extension. The cost to each property owner, whether served at the time of extension or installation or at some future time shall be based upon the total cost of the water main installation or extension completely across the footage of the property abutting the street in which the main is laid. Wherever mains larger than 6" in residential zones and 8" in commercial or inciustria,l zones are deemed necessary for transmission, the additional cost necessitated by the larger pipe shall be borne by the City of Anaheim. Replacement of all mains greater than 3" shall be at city expense. The cost of replacing 3" mains or smaller shall be in accordance with the policies outlined in sub-paragraphs a, b, c, and d. The charges listed above may be reduced by one half for an extension serving one side of the street only and where there is a possibility of property on thf~ other side of the street desiring water service in the future. These future consumers shall pay the remaining one half cost when they require service. Costs and specifications for installation and extensions shall be deter- mined by the Superintendent of the Water Department. BE IT FURTHER RESCLVED that Resolution No. 1751 be and the same is hereby rescinded. BE IT FURTHER RESOLVED that the above regulations and rates become effective immediately upon the adoption of this Resolution and shall continue thereafter until chan~es by the City Council of the City of Anaheim. On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCIL~~N: Pearson, Wisser, Boney and Van Wagoner. NOES: COu~CIL~~N: None. ABSENT: COu~CIL~~: Heying. The Mayor declared Resolution No. 1836 duly passed and adopted. Councilman Van Wagoner moved to adjourn. Councilman Wisser seconded the lnotion. MOTION CARRIED. ADJOURNED. SIGNED -0'~'/~' /:;2~'/" /;. /~ / --Ci ty clwti -"',...."_:-.__.._,,.;..,.-~-.,~ -,..,.,.,..... ..~.._.c_._-"*-._;-_""-_,,==+.,.."".""_;.~.__'''''',,_.~;;i>.,:~''''''''''''''"",_,.,=....""_;."''''_.__~_'''__+