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1971/01/1271-11 City Hall, Anaheim, California - COUNCIL MINUTES - January 5, 1971~ 1:30 P.M. CANCELLATION OF COUNTY TAXES: On motion by Councilman Thom, seconded by Coun- cilman Stephenson, the Orange County Board of Supervisors was requested to cancel County taxes on property acquired by the City of Anaheim for muni- cipal purposes, pursuant to Resolution No. 70R~563; formerly assessed to Floyd A. and Margaret S. Blower, and Edgar E. and Elizabeth S. Pankey. Deed recorded December 21, 1970, as Document No. 16842, in Book 9496, at Page 355, Official Records of Orange County, California. MOTION CARRIED. RECESS - EXECUTIVE SESSION: At the request of the City Attorney, Councilman Thom moved to Recess to Executive Session for the purpose of discussing a litigation matter. Councilman Pebley seconded the motion. MOTION CAR- RIED. (3:40 P.M.). ADJOURNMENT: At the conclusion of Executive Session, and upon return of all Councilmen to the Council Chambers, Councilman Pebley moved to adjourn. Councilman Stephenson seconded the motion. MOTION CARRIED. ADJOLrRNED: 4:18 P.M. Deputy City Clerk (jty Hall, Anaheim~ California - COUNCIL MINUTES - January 12, 1971, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Stephenson, Pebley, Thom and Dutton ABSENT: COUNCILMEN: None ONE COUNCIL POSITION VACANT PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Williams FINANCE DIRECTOR: Douglas Ogden 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 Stanley Herber, of the Free Methodist Church of Anaheim, gave the Invocation. FLAG SALUTE: Councilman Calvin L. Pebley led the Assembly in the Pledge of Allegiance to the Flag. MINUTES: Minutes of the Anaheim City Council Regular and Adjourned Regular Meet- ings held December 15,16,and 22,1970, were approved on motion by Councilman Pebley, seconded by Councilman Thom. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen, unless after read- ing of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Stephenson seconded the motion. MOTION UNANIMOUSLY CARRIED. 71-12 City Hall, Anaheim, California - COUNCIL MINUTES - January 12~ 1971, 1:30 P.M. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $1,291,448.97, in accordance with the 1970-71 Budget, were approved. CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 70-71-17 AND VARIANCE NO. 2215: Submitted by Hughes Markets, Incorporated, requesting a change of zone from C-1 to R~3 to establish a two-story, 306-unit apartment complex on property located at the southeast corner of Orange Avenue and Beach Boulevard, with waivers of: a. Minimum distance between buildings. b. Minimum distance from a covered parking space to a dwelling unit. The City Planning Commission, pursuant to Resolution No. PC70-195, recommended said reclassification be approved, subject to the following con- ditions: 1. That the owner of subject property shall deed to the City of Anaheim a 25-foot radius property line return at Beach Boulevard and Orange Avenue, for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Beach Boulevard and Orange Avenue, 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 En- gineer; that street lighting facilities shall be installed as required by the Director of Public Utilities along Beach Boulevard and Orange Avenue, and in accordance with standard plans and specifications on file in the office of the Director of Public Utilities; and that a bond in an amount and form satis- factory to the City of Anaheim shall be posted with the City to guarantee the installation of the above- mentioned requirements. 3. That the vehicular access rights, except at approved access points, to Orange Avenue, shall be dedicated to the City of Anaheim; and that vehicular access to Beach Boulevard shall be as approved by the California Division of Highways. 4. That the owner of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Beach Boulevard and Orange Ave- nue for tree planting purposes. 5. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 6. That fire hydrants shall be installed as required and deter- mined to be necessary by the Chief of the Fire Department. 7. That a 6-foot masonry wall shall be constructed along the east property line. 8. That all air-conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent residential areas. 9. That subject property shall be served by underground utilities. 10. That the owner of subject property shall pay to the City of Anaheim appropriate fees, as established by the City Council, for park and recreation purposes, said fees to be paid at the time the building permit is issued. 11. That drainage of subject property shall be provided in a manner satisfactory to the City Engineer. 12. That any parking area lighting proposed shall be down-lighting 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. 13. Prior to the introduction of an ordinance rezoning subject pro- perty, Condition Nos. 1 and 2, shall be completed. 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. 14. That a 20-foot wide planting strip shall be provided along the easterly boundary of subject property, and said planting strip shall be densely landscaped with live plant materials including 15-gallon trees planted on 10- foot centers adjacent to the required 6-foot masonry wall along the east pro- perty line; plans for said landscaping to be submitted to and approved by the Development Services Department. 71-13 City Hall, Anaheim, California - COUNCIL MINUTES - January 12, 1971, 1:30 P.M. 15. That in order to provide for adequate emergency vehicular circulation to carports located near the northwest section of the proposed development, a minimum of 6 dwelling units shall be deleted from the project and an adequate vehicular circulation system, acceptable to the Fire Chief, shall be provided. 16. That the completion of these reclassification proceedings is contingent upon the granting and completion of Variance No. 2215. 17. That Condition Nos. 3, 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, and 16, above mentioned, shall be complied with prior to final building and zon- ing inspections. The City Planning Commission, pursuant to Resolution No. PC70-196, granted said variance in part, granting Waiver "a", subject to the following conditions, Waiver "b" being no longer necessary by virtue of submission of revised plans: 1. That this variance is granted subject to the completion of Re- classification No. 70-71-17. 2. That subject property shall be developed substantially in ac- cordance with plans and specifications on file with the City of Anaheim mar- ked Exhibit No. 1, Revision No. 2, and Exhibit Nos. 2, 3, and 4, provided however, that a 20-foot wide planting strip shall be provided along the eas- terly boundary of subject property, and said planting strip be densely land- scaped with live plant materials including 15-gallon trees planted on 10-foot centers adjacent to~e required 6-foot masonry wall along the east property line, and that plans for said landscaping shall be submitted to and approved by the Development Services Department; and further provided that a minimum of six dwelling units shall be deleted from the northwest section of the pro- posed development and an adequate vehicular circulation system, acceptable to the Fire Chief, shall be provided in this area. Public hearing was held at the meeting of December 8, 1970, and continued to this date at the request of Miller Financial Corporation, De- veloper. Zoning Supervisor Charles Roberts noted the location of subject approximately 10-acre parcel and stated that the property had been zoned C-i, Neighborhood Commercial, for a supposed shopping center. Mayor Dutton asked if the Applicant or his Agent was present and concurred with the City Planning Commission recommendations, to which LeRoy Rose, Agent, replied affirmatively. Mayor Dutton asked if anyone wished to address the Council in op- position; there being no response, declared the hearing closed. Councilman Pebley offered for adoption Resolutions approving said reclassification and variance, subject to the recommendations of the City Planning Commission. City Engineer James P. Maddox interposed that there has been a lack of drainage facilities in subject area for the last 12 years, and that al- though City Planning Commission Condition No. 11 of the Reclassification re- cites the routine need for necessary drainage to be provlded~ the drainage facilities, in this case, involved installation of a major storm drain from Orange Avenue to Carbon Creek Channel, including catch basins~ connector pipe, etc., at an estimated cost of about $60,000.00, and that the State of California presently has contracted for some storm drain installation in this area. He added that Mr. Miller, of Miller Financial Corporation, verbally had agreed to pay $10,000.00 toward construction of the necessary storm drain facilities in conjunction with the State contract, and had stated he would de- liver to the City Engineer an executed agreement to this effect; therefore, Mr. Maddox suggested said Condition No. 11 could be changed accordingly. 71-14 City Hall~ Anaheim, California - COUNCIL MINUTES - January 12, 1971, 1:30 P.M~ City Attorney Joseph B. Geisler advised that there has been an out- standing Utilities judgment of $5,000.00 against Mr. Miller for the past 5 years, in connection with an apartment project, although Mr. Miller's company at that time was named Miller Investment Co., Inc., and that efforts to collect this money have been unsuccessful. He further stated that discussion with Mr. Miller, subsequent to his verbal agreement with the City Engineer, resulted in Mr. Miller offering to sign the storm drain installation agreement in con- nection with subject reclassification, if the City would drop the outstanding $5,000.00 judgment, which the City could not agree to. Mr. Geisler recommended a specific finding by the Council that the storm drain project, as proposed by the City Engineer, is necessary in connec- tion with development of subject property, and therefore, the Petitioner shall enter into an agreement with the City and State to relieve the storm drain prob- lem. He suggested action on subject applications be deferred until such time as the storm drain agreement had been received from Mr. Miller. Mr. Rose acknowledged that he had been unaware of the present judg- ment against his client; however, he requested the reclassification be approved, with the suggested change to Condition No. 11, since no construction could be undertaken under the accompanying variance until the conditions had been com- plied with. Councilman Pebley withdrew his offer of Resolutions, and made the motion that action on Reclassification No. 70-71-17 and Variance No. 2215 be deferred to January 19, 1971, to allow for receipt of the storm drain agreement from Mr. Miller. Councilman Stephenson seconded the motion. MOTION CARRIED. VARI~!'CE NO. 1189 - SIGN ALTERATION: Request of Fred F. Vaquera, of Rich Sign and Neon Company, was submitted to install a double-faced, internally-illuminated plastic sign on two existing poles that are not located within the center 20% of the frontage of subject property at 134 South Western Avenue, as required by Code. Also submitted were reports of the City Engineer and Development Services Department. On motion by Councilman Stephenson, seconded by Councilman Dutton, action was approved as requested. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 1163 - EXTENSION OF TIME: Request of James A. Carter, of Spruce Grove, Inc., dated December 21, 1970 was submitted for 180-day ex- tension of time for compliance with certain conditions, pursuant to Resolu- tion No. 70R-307, together with reports of the City Engineer and Development Services Department, the latter recommending said request be granted. On motion by Councilman Pebley, seconded by Councilman ~hom, a 180- day extension of time for Conditional Use Permit No. 1163 was granted, as re- quested, to expire June 23, 1971. MOTION CARRIED. DINNER DANCING PLACE PERMIT: Application filed by Norman G. Lamoreaux, for dinner dancing place permit to allow dancing seven days a week, from 7:00 P.M. to 2:00 A.M., at the Coronado Lounge, 1274 South Magnolia 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 Stephen- son, seconded by Councilman Thom. MOTION CARRIED. RESOLUTION NO. 71R-6 - AWARD OF WORK ORDER NO. 607-A: In accordance with recommen- dations of the City Engineer, Councilman Pebley offered Resolution No. 71R-6 for adoption. Refer to Resolution Book. 71-15 City Hall, Anaheim, Californi~ - COUNCIL MINUTES - January 12, 1971, 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEFTING 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 PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: FURNISHING AND INSTALLING TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF GILBERT STREET AND LA PALMA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 607-A. (E.D. Johnson & Company - $10,449.00) Roll Call Vote: AYES: COUNCILMEN: Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ONE COUNCIL POSITION VACANT The Mayor declared Resolution No. 71R-6 duly passed and adopted. RESOLUTION NO. 71R-7 - WORK O~DER NO. 592-A: Upon receipt of certification from the Director of Public Works, Councilman Thom offered Resolution No. 71R-7 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 INSTALL- ING TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF STATE COL- LEGE BOULEVARD AND VIA BURTON STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 592-A. (Smith Electric Supply) Roll Call Vote: AYES: COUNCILMEN: Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ONE COUNCIL POSITION VACANT The Mayor declared Resolution No. 71R-7 duly passed and adopted. RESOLUTION NO. 71R-8 - DEEDS 0F EASEMENT: Councilman Stephenson offered Reso- lution No. 71R-8 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN GRANT DEEDS AND ORDERING THEIR RECORDATION. (William and Ruth Jeanette Veprin, Norman and Sondra Berris, To,~m~y and Antoinette Harris, Eugene E. La Meres) Roll Call Vote: AYES: COUNCILMEN: Stephenson, Pebley~ Thom and Dutt0n NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ONE COUNCIL POSITION VACANT The Mayor declared Resolution No. 71R-8 duly passed and adopted. 71-16 City Hall, Anaheim, California - COUNCIL MINUTES - January 12, 1971, 1:30 P.M. PURCHASE OF EQUIPMENT - L~APFROG TRANSFORMERS: The City Manager reported on the recommended purchase of 12 - 100 KVA Leapfrog Transformers, and advised that the only manufacturer, General Electric Company, has submitted a quotation for said equipment in the amount of $15,359.40, including tax. He thereupon recommended the purchase be authorized. On motion by Councilman Pebley, seconded by Councilman Stephenson, purchase from General Electric Company was authorized in the amount of $15,359.40 including tax. MOTION CARRIED. ' CLAIMS AGAINST THE CITY: The following claims against the City were denied, as re- commended by the City Attorney, and ordered referred to the insurance carrier on motion by Councilman Pebley, seconded by Councilman Thom: a. Claim submitted by Shirley A. Jenkins, for purported personal property and injury damages resulting from an automobile accident involving a police vehicle, sustained on or about December 6, 1970. b. Claim submitted by Emanuel Gyler, Attorney, on behalf of Vernon L. Williams, for purported personal injury damages resulting from a fall at the Anaheim Convention Center, sustained on or about November 21, 1970. c. Claim submitted by Phillip Quarre, for purported personal pro- perty damages resulting from a power failure, sustained on or about January 31, 1971. MOTION CARRIED. RESOLUTION NO. 71R-9 - WATER SERVICES RATES: Study and report of the Utilities Director was submitted, recommending an increase in existing water service connection and meter installation charges and a change in policy to require payment for small meter installations outright, rather than having part of that charge included in the water rate. Replying to Councilman Pebley, Mr. Murdoch advised that with the re- commended increased rates Anaheim still would be among those cities in Orange County with the lowest rates, except for non-tract charges. RESOLUTION NO. 71R-9: Councilman Pebley offered Resolution No. 71R-9 for adop- tion, increasing the water service connection and meter installation charges, as recommended, effective immediately. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 64R-214 FIXING RATES FOR WATER SERVICE AND CONNECTIONS, AND CHARGES FOR THE INSTALLATION OF WATER MAINS, TO WIT: RULES AND REGULATIONS #6 -- WATER, SUBHEADING -- SERVICE CONNECTIONS, PARAGRAPH 1, BY CHANGING THE CHARGES FOR SERVICE CONNECTIONS. Roll Call Vote: AYES: COUNCILMEN: Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ONE COUNCIL POSITION VACAiqT The Mayor declared Resolution No. 71R-9 duly passed and adopted. ZONING FEES STUDY: The Council requested that a report be prepared and submitted to the Council on the existing Anaheim fees for zoning applications, as com- pared to actual cost of processing those applications; and also a study of the Anaheim fees as compared to other cities in the area. 71-17 City Hall~ Anaheim, California - COUNCIL MINUTES - January 12, 1971, 1:30 P.M. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Stephenson, seconded by Councilman Thom: a. Minutes - Cultural Arts Commission - December 10, 1970. b. Before the Public Utilities Commission - Application of the Southern California Water Company for an order authorizing it to increase the rates for water service in its Orange County District. c. City of Westminster - Resolution No. 1271 - Urging the Orange County Board of Supervisors to follow the recommendations of the 1970 Orange County Grand Jury Report on Orange County Sheriff's Office. MOTION CARRIED. DOWNTOWN REDEVELOPMENT - CHAMBER OF COMMERCE RESOLUTION: Resolution of the Ana- heim Chamber of Commerce, dated December 15, 1970, was submitted recommend- ing Anaheim immediately commit to Urban Renewal, create a separate Urban Renewal Authority, and appoint Board Members thereto. Subject was continued from the December 29, 1970 meeting to this date, to allow for investigation and report by the City Attorney on the pre- sent laws governing powers and authority of an Urban Renewal Agency. Councilman Stephenson reported that he had received a request to- day from Larry Sierk, Executive Vice-President of the Anaheim Chamber of Commerce, that further discussion be deferred to allow additional time to study reports, and thereby moved that subject be continued for two weeks, or until the City Attorney's report had been received and studied. Coun- cilman Pebley seconded the motion. The City Attorney advised that discussion with the Downtown Re- development Task Force had elicited a request that the subject be deferred until the Task Force had had time to make further investigation, m~d possibly change their recommendations. Councilman Stephenson amended his Motion to remove the subject of Downtown Redevelopment from the Council Agenda until such time as the An~ heim Chamber of Commerce requested it be rescheduled as an Agenda item. Councilman Pebley seconded the motion. MOTION CARRIED. LAND USE ANALYSIS REQUEST - GRANT CORPORATION: The City Manager presented a re- quest from the Grant Corporation, dated January 11, 1971, requesting a Land Use Analysis for the entire 6-1/2 miles of property to be known as Anaheim Hills, located in the Walnut Canyon/Nohl Ranch area, and that this subject be set for City Planning Commission hearing at the earliest practicable date. The City Attorney advised that the City of Anaheim has no right, either to exert their laws or predetermine zoning in subject area, since it still is under the jurisdiction of the County. Also, when this property actually is annexed, a portion of it will be annexed to the City of Orange, according to a Boundary Agreement with that City. He recommended no action be taken on the letter request at this time, and that the City Manager and City Attorney be directed to explain the matter to the Grant Corporation. On motion by Councilman Stephenson, seconded by Councilman Thom, the City Manager and City Attorney were ordered to reply to the Grant Cor- poration request, after thorough investigation on how a Master Plan for the entire property can be implemented. MOTION CARRIED. SAGE PARK LAND ACQUISITION - LA PALMA LITTLE L~AGUE: The City Manager submit- ted a proposal from Anacal Engineering Company that the City purchase .908 acres of Tentative Tract No. 7198, at a cost of $23,608.00, as an addition to Sage Park, subsequently to be developed for a minor league baseball field. Also submitted was a letter commitment from the La Palma Little League, to reimburse to the City $10,000.00 in the event the p~r- chase is consummated. 71-18 City Hall~ Anaheim, California - COUNCIL MINUTES - January 12, 1971, 1:30 P.M. The Council reviewed sketches of the proposed acquisition. Mr. Murdoch advised that at the time the Council was discussing Capital Improvements the possibility of purchasing this land for an expan- sion of Sage Park was discussed and it was decided to retain the item in the list of Capital Expenditures requiring additional funding, pending fur- ther developments. However, he pointed out that there currently are no funds budgeted for this purpose; also, if the acquisition was made, an additional amount of approximately $22,000.00 would be needed in~nediately for improve- ments, plus $7,000.00 to $8,000.00 in additional improvements before the project was completed, or a capital outlay at this time of approximately $53,0O0.OO. Councilman Pebley made the statement that he did not think the parcel in question was worth more than $10,000.00 total, since it would be an inaccessible piece of land for the developer, and therefore, undevelop- able. Mr. Murdoch remarked that where the cul-de-sac street is proposed by the Developer, plus somme additional property, totaling about two-thirds of the entire tract, the land has been filled with non-combustible debris and this would have to be removed before development could take place, thus causing additional costs to the Developer. Mr. Murdoch, noting that even though funds were not available for this project at this time, asked if the Council was interested in pursuing the subject to see if an attempt should be made to bring it to a conclusion and provide the necessary funds for this type of action, since the two Citi- zen's Committee reports had recommended additional park land acquisition in the area. The Council directed the City Manager to advise Anacal Engineering and the La Palma Little League that although they were interested in expand- ing Sage Park, there were no funds available for this project at this time. AUTOMOBILE INSURANCE - CANCELLATION: The City Manager submitted a report from the Finance Director, recommending the City of Anaheim cancel its present coverage for automobile comprehensive, fire and theft insurance, carried under a United Pacific Insurance Company Policy No. ACR-200723, since the premiums under this policy have far exceeded the claims paid over the last three years. On motion by Councilman Pebley, seconded by Councilman Stephenson, authorization was granted to discontinue automobile comprehensive, fire and theft insurance. MOTION CARRIED. RESOLUTION NO. 71R-lO - FINANCE DIRECTOR SALARY: The City Manager submitted a report by the Personnel Director, recon~aending that the job classification for Finance Director be adjusted downward, in view of the proposed reorgani- zation of the Systems and Research Department, which would place all activi- ties relating to Data Processing Systems, Auditing and Budget into a new de- partment, leaving Accounting, Collections, Purchasing and Treasury under the Finance Department. He further advised that those activities to be placed in the new department are presently under the direction of the Assistant City Manager. RESOLUTION NO. 71R-lO: Councilman Pebley offered Resolution No. 71R-10 for adoption, as recommended. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING AND ESTAB- LISHING A RATE OF COMPENSATION FOR A JOB CLASS, AND AMENDING SECTION 1 OF RESOLUTION NO. 70R-472. (Finance Director) Roll Call Vote: 71-19 City Hall, Anaheim, California - COUNCIL MINUTES - January 12, 1971~ 1:30 P.M. AYES: COUNCILMEN: Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ONE COUNCIL POSITION VACANT The Mayor declared Resolution No. 71R-lO duly passed and adopted. APPOINTMENT - FINANCE DIRECTOg: By general Council consent, the appointment by City Manager Keith Murdoch of~Mi-c~l- Ringer to the position of Finance Di- rector, was approved. M.R. (Mike~,~. RESOLUTION NO. 71R-11 - SC~ROE~ER PROPERTY T.~ASE AND OPTION: On recomendation of the City Attorney, Councilman Pebley offered Resolution No. 71R-11 for adoption, authorizing execution of an option to extend the lease of the A.F. and Louise Schroeder property for one year, and payment of $47,500.00 as rent, due under the extended term of the lease. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXEOUTION OF AN OPTION TO EXTEND A LEASE AND AUTHORIZING PAYMENT FOR THE TERM THEREOF. (Schroeder Property -$47,500.00) Roll Call Vote: AYES: COUNCILMEN: Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ONE COUNCIL POSITION VACANT The Mayor declared Resolution No. 71R-11 duly passed and adopted. RECESS - EXECUTIVE SESSION: At the request of the City Manager, Councilman Dut- ton moved to Recess to Executive Session. Councilman Pebley seconded the motion. MOTION CARRIED. (2:35 P.M.). AFTER RECESS: Mayor Dutton called the meeting to order, all members of the City Council being present. (3:45 P.M.). WATER REVENUE BONDS - BOND CONSULTANT: The City Manager submitted a report by the Director of Finance, recommending the retention of John Nuveen and Com- pany, as Financial Consultants, at a fee of $17,500.00, in connection with the proposed sale of $2,000,000.00 Water Revenue Bonds in March, 1971. Director of Finance Douglas Ogden reported that until this time, no authorized Water Revenue Bonds have been sold because there has been no need for it and interest rates have been high. However, it has now become advisable to sell the Bonds to relieve the Capital Improvements program and meet Capital Outlay items in the Water Division, since interest rates re- cently have declined and the outlook for the future, with regard to interest rates, is uncertain. He thereupon recommended the sale of the Water Revenue Bonds, as soon as possible. He further reported that proposals were solicited to provide financial consulting services to the City in this regard, and it was his recommendation that the proposal of John Nuveen and Company be accepted; such service in conjunction with City personnel and Bond Attorneys would include preparation and distribution of necessary prospectus and notices to prospective bond buyers, with the actual printing costs to be borne by the City. On motion by Councilman Stephenson, seconded by Councilman Pebley, employment of John Nuveen and Company to act as Financial Consultants in connection with the sale of $2,000,000.00 of Water Revenue Bonds, in accord- ance with their proposal,for a fee of $17,500.00 was approved,and the Mayor and City Clerk were authorized to execute the letter agreement on behalf of the City. MOTION CARRIED. 71- 20 City Hall~ Anaheim, California - COUNCIL MINUTES - January 12, 1971, 1:30 P.M. TRANSFER OF FUNDS - TOURNAMENT OF ROSES FLOAT: The City Manager reported a request from the Anaheim Chamber of Commerce that the City advance an additional $1,000.00 towards the cost of the City's float entered in the Tournament of Roses Parade, thus making a total of $5,000.00 advanced for this purpose. Councilman Dutton distributed copies of the Rose Parade Pictorial Magazine, and advised that the money advanced to the Chamber of Commerce for this purpose was done so with the express understanding that this would be a community project and the money would be reimbursed to the City from contribu- tions the Chamber was soliciting for the Float. On motion by Councilman Stephenson, seconded by Councilman Pebley, funds in the amount of $1,000.00 were authorized to be transfered from the Council Contingency Fund to the Anaheim Chamber of Commerce, as requested. MOTION CARRIED. COUNCIL APPOINTMENT - DONALD R. ROTH: Councilman Dutton moved that Mr. Donald R. Roth be appointed to fill the unexpired term of Ralph B. Clark, to expire in accordance with Charter provisions, Article V, Section 503. Councilman Peb- ley seconded the motion. During discussion, Councilman Thom requested a roll call vote and, in explaining his position, which was in opposition to the appointment, made the following statement: "I have held steadfastly that the electorate of this City are the only qualified body to choose their representation. I have suggested that we join with the School District in their March election and allow the elec- torate of this City their right - and it is an inalienable right - to select the representative to serve out Mr. Clark's unexpired term. Now, I realize that according to the Charter we must first fail to appoint a replacement for Mr. Clark prior to calling a special election. However, I further sta- ted that I would not oppose the appointment of a highly qualified man with an outstanding record of community service. "In the three occasions that I have been present when this appoint- ment question has been discussed, Mr. Dutton has made only the statement that he was holding firm for Mr. Roth and did not discuss any other candidate, his qualifications, or anything relevant to this appointment. This type of obvious bias, and obvious preference for his past campaign manager in the last two elections that he has run in, and his refusal to even consider dis- cussing other appointees or their qualifications, leads me to the obvious conclusion that there is a large size political debt that must be paid off. I can only conjecture as to what type of abnormal influence leads someone down this path that he would treat the citizens of this community so lightly and with such disregard for their rights. "I realize Mr. Roth has remained loyal to Mr. Dutton, but in view of his qualifications as compared to those of other appointees, or suggested appointees who have been willing to serve, leads me to believe that Mr. Roth does have some type of hold over Mr. Dutton, and this to me is a rape of the public trust, a pillage of the public office, and a plundering of public moneys to pay off a political debt, and can only lead this Council to subject it tO a recrimination of the most severe type by the electorate of this City. There is no way that I can participate in this action, and I will vote NO on it." Councilman Stephenson advised that he did not necessarily agree with the position taken by Councilman Thom in that he did not feel Mr. Roth owed any political debt to Councilman Pebley. Councilman Pebley concurred with this statement. Councilman Stephenson further advised that during his many years with the City, he could not recall one instance where a public election was called to fill a vacancy on the City Council. Considering the cost of elec- tions and the many qualified men willing to assume this position, he felt a special election would be an unnecessary public debt, whether combined with a School District election or held separately. 71-21 City Hall, Anaheim, California- COUNCIL MINUTES- January 12, 1971, 1:30 P.M. He stated that he had not heard anything derogatory against the character and reputation of Mr. Roth and, noting that Mr. Dutton and Mr. Pebley had served more years on the City Council than either he or Mr. Thom had served months, advised that he would yield to seniority and cast his vote in favor of Mr. Don Roth. Councilman Dutton stated he felt it was beneath his dignity to respond to the remarks made by Councilman Thom. Councilman Pebley noted that the record would show that each time he ran for a public office in Anaheim, Mr. Roth neither signed his petition nor donated toward his campaign. He further advised that his rea- son for voting in favor of Mr. Roth was based on the many endorsements re- ceived from real estate associates, and that at no time did he feel there was any political debt to Don Roth. Mr. Pebley noted and referred to other candidates considered in the Executive Session. Roll Call Vote: AYES: COUNCILMEN: Stephenson, Pebley and Dutton NOES: COUNCILMEN: Thom MOTION CARRIED. As to the qualifications and personal data on Mr. Roth, Council- man Dutton reported the following: ANAHEIM BOARD OF REALTORS: 1. Seventh year as member of Board of Directors. 2. Vice President, 1966. 3. President, 1967. 4. Served as Chairman on Multiple Listing Committee. 5. Chairman of Legislative and Taxation Committee and Military and Veterans Affairs Committee, 1971. 6. Chairman of Equal Rights Committee, 1971. 7. One of the four past Presidents on the Grievance Committee, 1971. CALIFORNIA REAL ESTATE ASSOCIATION: 1. Eighth year as member. 2. Vice President, 1969 (51,000 members). 3. Active many years in Legislative and Political Affairs. 4. Vice President of the Low Cost Housing Committee, 1971. 5. Member-at-large of the Veterans Affairs Committee, 1971. 6. Director representative of Convention Committee, 1971. 7. Served as Chairman of the Military and Veterans Affairs Committee. 8. Served as Vice President of the Steering Committee. 9. Currently awaiting confirmation of appointment to the Advisory Committee of California Department of Housing and Cormnunity De- velopment. LOCAL ACTIVITIES: 1. Member of the Board of Directors, Anaheim-Western Communities United Fund, 1971-1974. 2. Member of Anaheim Chamber of Commerce and Chairman of Residential Committee, 1970. 3. One of the 13 voting members of the Anaheim Charter Committee, which committee drafted the Anaheim City Charter, 1964. 4. Member of the 1968 Citizens Capital Improvement Co~nittee. 5. Campaign Manager 1966 and 1970 for Jack C. Dutton, presently ser- ving as Mayor of the City of Anaheim. 71-22 City Hall, Anaheim, California - COUNC~IL MINUTES - January 12, 1971, 1:30 P.M. As to his personal affairs, he has been married 29 years, has 3 children. He retired from the U.S. Navy in 1962 after 20 years of active duty. He is President of American Realty, 1000 East Lincoln Avenue, Ana- heim, California. At this time, Mr. Roth was called forward to the Council table and the oath of office was administered by the City Clerk. ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Thom seconded the motion. MOTION CARRIED. ADJOURNED: 4:10 P.M. Signed ~ x City Clerk City Hall, Anaheim, California - COUNCIL MINUTES - January 19, 1971, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRE SENT: ABSENT: PRESENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton COUNCILMEN: None CITY MANAGER: Keith A. Murdoch ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Joseph B. Geisler DEPUTY CITY ATTORNEY: Frank A. Lowry, Jr. CITY CLERK: Dene M. Williams DEPUTY CITY CLERK: Alona M. Farrens CITY ENGINEER: James P. Maddox ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. LNVOCATION: Reverend John C. Bevan, Chaplain of the Anaheim Memorial Hospi- tal, gave the Invocation. FLAG SALUTE: Councilman William J. Thom led the Assembly in the Pledge of Allegiance to the Flag. RESOLUTION: The following Resolution on the retirement of The Reverend John Quatannens, of st. Boniface Catholic Church, was unanimously adop- ted by the City Council: "WHEREAS, the City Council has learned of the retirement of a cherished friend, Reverend John Quatannens; and "WHEREAS, Father Quatannens served as Assistant Pastor to Saint Boniface from April, 1937 to November, 1940, and as Pastor from June, 1958 to the date of his retirement, January 1, 1971; and