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1972/01/2572-48 City Hall, Anaheim, California - COUNCIL MINUTES - January 25, 1972, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Roth~ Stephenson, Pebley, Thom and Dutton COUNCILMEN: None CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Daoust 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 Lowell Linden, of the First Presbyterian Church of Ana- heim, gave the Invocation. FLAG SALUTE: Councilman Calvin L. Pebley led the Assembly in the Pledge of Allegiance to the Flag. SPECIAL MUNICIPAL ELECTION - $8~000~000.00 ELECTRIC REVENUE BOND PROPOSITION: Mayor Dutton announced that this was the time and place fixed for the canvass of the returns of the Special Municipal Election held January 18, 1972, for the purpose of voting on the Electric Revenue Bond Proposition, and appointed the following canvassing board: Inspector: Judge: Clerk: Clerk: Councilman Stephenson Councilman Pebley Councilman Roth Councilman Thom The tally lists of each election precinct were compared with the roster, and the number of votes cast noted and recorded as follows: 72-49 City Hall., Anaheim, California - COUNCIL MINUTES - January 25, 1972, 1:30 P.M. PRECINCT YES NO TOTAL 1 209 158 367 2 225 175 400 3 92 47 139 4 81 84 167 5 122 125 247 6 122 148 270 7 179 119 298 8 176 202 378 9 145 193 338 10 139 140 279 11 148 111 259 12 121 147 268 13 68 61 129 14 77 79 157 15 134 92 226 16 169 120 289 17 125 108 234 18 254 140 394 19 184 114 300 20 168 108 276 21 156 104 260 22 168 107 275 23 198 201 399 24 138 78 217 25 232 153 385 26 158 106 264 27 226 120 346 28 237 137 374 29 125 95 220 30 159 87 246 31 88 67 155 32 111 78 189 33 51 55 106 34 97 99 196 35 146 125 271 36 56 85 141 37 96 66 162 38 227 159 387 39 162 177 339 40 158 167 325 41 42 42 84 42 115 181 296 43 106 126 233 44 93 120 213 45 173 181 356 46 209 221 431 47 180 179 359 48 132 182 314 49 181 150 331 50 62 104 166 51 149 160 310 52 185 164 350 53 102 99 201 54 82 82 164 55 63 54 117 56 199 195 395 57 183 166 349 58 143 126 269 59 179 184 363 60 70 65 135 61 230 170 400 62 126 112 239 63 205 164 369 64 227 196 423 65 241 179 420 72-50 City Hall, Anaheim, California - COUNCIL MINUTES - January 25, 1972, 1:30 P.M. PRECINCT YES NO TOTAL 66 103 73 176 67 201 103 304 68 206 62 268 Totals in Precincts 10,114 8,577 18,707 Absentee Votes 56 28 84 Total Votes Including Absentee Votes 10~170 8,605 18,791 RESOLUTION NO. 72R-29: Councilman Stephenson declared the majority of votes cast were in favor of the Electric Revenue Bond Proposition and said bond proposition carried, and thereupon offered Resolution No. 72R-29 for adop- tiono Refer to Resolution Book. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, DECLARING THE RESULT OF THE CANVASS OF ELECTION RETURNS OF SPECIAL BOND ELECTION HELD IN SAID CITY ON JANUARY 18, 1972. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 72R-29 duly passed and adopted. MINUTES: Minutes of the Anaheim City Council Regular meeting held January 4, 1972, were approved on motion by Councilman Thom, seconded by Councilman Roth. MOTION CARRIED~ WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Stephenson moved to waive the reading in full of all ordinances and resolutions, and that con- sent to the waiver of reading is hereby given by all Councilmen unless, after reading of the title, specific request is made by a Councilman for the read- ing of such ordinance or resolution. Councilman Thom seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $1,225,819.81, in accordance with the 1971-72 Budget, were approved. PUBLIC HEARING - AMENDMENT TO THE C-O ZONE: Title 18, Chapter 18.38, Section 18.38.040, Conditional Uses (3) to extend the expiration date for the use of residential structures for office purposes from January 1, 1969, to Janu- ary 1, 1977. The City Planning Commission, at its meeting held December 13, 1971, by Motion, recommended consideration be given to amending Title 18, Chapter 18.38, Section 18.38.040, Conditional Uses (3). Zoning Supervisor Charles Roberts advised that when the C-O Zone originally was formulated it was written in such a way that the use of a residential structure would have to expire on January 1, 1969; however, there still are many of these uses in existence and the City Planning Commission was of the opinion there was no particular detrimental effect being created by their continued use, and thus recon~nended the amendment. In reply to Councilman Roth, Mr. Roberts advised that this regu- lation does not apply to the C-1 Zone; that the basic intent of establish- ing the date at which time this use could no longer be made was to put people on notice at the outset of this C-O Zoning that at some time in the future they may be required to discontinue the use. City Hall, Anaheim, California - COUNCIL MINUTES - January 25, 1972, 1:30 P.M. Mayor ~tton asked if anyone wished to address the Council; there being no response; declared the hearing closed. ORDINANCE NO. 3008: Councilman Pebley offered Ordinance No. 3008 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.38, SECTION 18.38.040 OF THE ANAHEIM ~JNICIPAL CODE RELATING TO ZONING. CONDITIONAL USE PERMIT NO. 1163 - EXTENSION OF TIME: Request of Mervyn A. Phelan and James A. Carter, Village Inns, dated December 29, 1971, was submitted for an extension of time to Conditional Use Permit No. 1163, together with report of the City Engineer and report of the Development Services Depart- ment recommending an extension of time for one year be granted, seven months retroactively, and five months in the future, to expire June 23, 1972. On motion by Councilman Thom, seconded by Councilman Pebley, a one-year extension of time for Conditional Use Permit No. 1163, was granted, as recommended by the Development Services Department. MOTION CARRIED. LICENSE FEE WAIVER - THE PSYNETICS FOUNDATION: Request of Bernell L. Ausmus, The Psynetics Foundation, Inc., for waiver of license fee for the operation of a tutoring service and pre-school for educable and trainable mentally-retarded, at 1212 East Lincoln Avenue, was submitted, together with reports from the City Attorney's office and License Department, stating no objection. On motion by Councilman Stephenson, seconded by Councilman Roth, license fee waiver was granted, as requested. MOTION CARRIED. IRRIGATION LINE DAMAGES - LEWIS STREET UNDERPASS PROJECT: Request of Edgar E . Pankey and Floyd A. Blower was submitted, for payment of damages in lieu of reconstruction of an existing irrigation line, in conjunction with the Lewis Street Underpass Project, together with report of the City Engineer, recom- mending that in lieu of reconstructing 562 lineal feet of 10-inch irriga- tion line, the City pay damages in the amount of $1,686.00 to Edgar E. Pan- key and Floyd A. Blower. On motion by Councilman Stephenson, seconded by Councilman Pebley, payment of damages in the amount of $1,686.00 was authorized, as recommended by the City Engineer. MOTION CARRIED. TRAFFIC CONDITIONS - SUNKIST STREET/STATE COLLEGE BOULEVARD: Request of Mr. and Mrs. J.R. Thornton, dated December 21, 1971, was submitted, requesting a solution to the hazardous traffic conditions existing on Sunkist Street and the surrounding streets in the area, and further requesting installation of a crossing light for the crosswalk on State College Boulevard at South Street, together with report of the City Engineer recommending no change in the ex- isting speed limits, and advising that the Utilities Department is in the process of installing safety lighting in this area and will submit a prog- ress report. City Engineer James Maddox advised that State College Boulevard is a State Highway and, as such, determination for the need of traffic sig- nals is made by the Division of Highways. He added that another request was submitted recently for signalization at South Street and the Division of Highways has indicated they will restudy the intersection and inform the City of their findings. He recommended no action be taken on this until the report from the Division of Highways is received. On motion by Councilman Dutton, seconded by Councilman Stephenson, no action was taken on the request of Mr. and Mrs. Thornton, and the corres- pondence was ordered received and filed. MOTION CARRIED. FINAL MAP - TRACT NO. 7219~ REV. NO. 1: Developer - Modular Technology, Incor- porated; tract located on the east side of Rio Vista Street, south of Frontera Street, containing three proposed R-3 Zoned lots. 72-52 City Hall, Anaheim, California - COUNCIL MINUTES - January 25, 1972, 1:30 P.M The City Engineer recommended approval, and reported that said Final Map conforms substantially with the Tentative Map previously approved; that bond has been forwarded to the City Attorney for approval; the tract fees are to be paid by Title Insurance and Trust Company when the map is recorded. On recommendation of the City Engineer, Councilman Roth moved that Final Map, Tract No. 7219, Revision No. 1,.be approved, subject to approval of required bond by the City Attorney. Councilman Stephenson seconded the motion. MOTION CARRIED. RESOLUTION NO. 72R-30 - AWARD OF WORK ORDER NO. 634-A: In accordance with recom- mendations of the City Engineer, Councilman Stephenson offered Resolution No. 72R-30 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 PUBLIC IM- PROVEMENT: THE RAMPART STREET - STREET IMPROVEMENT FROM ORANGEWOOD AVENUE TO APPROXIMATELY 1,140 FEET SOUTH OF ORANGEWOOD AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 634-A. (R.J. Noble Company - $10,566.90) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 72R-30 duly passed and adopted. PUBLIC IMPROVEMENT PROJECTS: Upon receipt of certification from the Director of Public Works, Councilman Dutton offered Resolution Nos. 72R-31 and 72R-32 for adoption. Refer to Resolution Book. RESOLUTION NO. 72R-31 - WORK ORDER NO. 624-A: 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 TRANS- PORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECES- SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE PARK VISTA STREET - STREET IMPROVEMENT FROM APPROXIM~TELY 400 FEET NORTH OF DUTCH AVENUE TO DUTCH AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 624-A. (R.W. McClellan & Sons, Inc.) RESOLUTION NO. 72R-32 - WORK ORDER NO. 603-B: 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 TRANS- PORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECES- SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE LA PALMA AVENUE STREET IMPROVEMENT FROM APPROXIMATELY 114 FEET EAST OF TO AP- PROXIMATELY 2,965 FEET EAST OF IMPERIAL HIGHWAY, IN THE CITY OF ANAHEIM, WORK ORDER NO. 603-B. (R.J. Noble Company) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution Nos. 72R-31 and 72R-32 duly passed and adopted. 72-53 City Hall, Anaheim, California - COUNCIL MINUTES - January 25, 1972, 1:30 P.M. RESOLUTION NO, 72R-33 - DEEDS OF EASEMENT: Councilman Thom offered Resolution No. 72R-33 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Raymond G. and Estelle K. Spehar, Marcia Ann Milligan and American Mobile Home Corporation; Jack A. Pfeifer; Irwin J. and Patricia Kenyon; David N. and Jean B. Myrick; Karl and Edith Sator; Harlan F. and Donna F. Soden.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 72R-33 duly passed and adopted. PURCHASE OF EQUIPMENT - AERIAL DEVICE: The City Manager reported on the recom- mended purchase of a Pitman Hotstik Aerial Device for the Parkway Mainten- ance Department, and advised that the sole vendor, A.B. Chance Company, has submitted a quotation for said equipment in the amount of $17,832.15, includ- ing tax. He thereupon recommended the purchase be authorized. On motion by Councilman Thom, seconded by Councilman Pebley, pur- chase was authorized in the amount of $17,832.15, including tax, as recom- mended by the City Manager. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed, on motion by Councilman Thom, seconded by Councilman Pebley: a. Stoddard Elementary School PTA - Urging support of the library system and requesting that the City Council work toward its expansion. b. Financial and Operating Reports for the month of December,1971: Anaheim Fire Department City Treasurer's Office Anaheim Police Department c. Before the Civil Aeronautics Board - Joint application of Gol- den West Airlines, Inc. and Los Angeles Airways, Inc, for an exemption pur- suant to Section 416(b) of the Federal Aviation Act of 1958, as amended: (a) Motion for leave to file answer exceeding page limitation. (b) Joint answer to petitions for reconsideration. d. In the United States Court of Appeals for the District of Co- lumbia Circuit - Hughes Air Corporation, dba Air West, Petitioner, Civil Aeronautics Board, Respondent - Motion of Golden West Airlines, Inc., for leave to intervene. e. In the United States Court of Appeals for the District of Co- lumbia Circuit - Pacific Southwest Airlines, Petitioner, Civil Aeronautics Board, Respondent - Motion of Golden West Airlines, Inc. for leave to inter- vene. f. Orange County Mosquito Abatement District - Minutes - December 28, 1971. MOTION CARRIED. CIVIL AERONAUTICS BOARD HEARING - GOLDEN WEST AIRLINES PURCHASE OF LOS ANGELES AIRWAYS: Assistant Director of Development Services Ronald Thompson submitted a report by the Development Services Department Planning Division recommend- ing that the City Council reaffirm its support of the Golden West Airlines acquisition, so that air service may be reinstituted, and direct the staff to intervene in the Civil Aeronautics Board Hearings in an attempt to have the exclusive air rights clause rescinded. Mr. Thompson noted that the Council, at its January 4, 1972, meet- ing had expressed concern about a potential conflict of the proposed service with Police helicopters; however, it had been determined the Civil Aeronau- tics Board has no control over this situation, and thus the staff will not 72-54 City .Hal!~ .Anaheim~ California - COUNCIL MINUTES - JanqarY ~5~ 19~. 1:30 P.M. present this aspect at the hearings. They do, however, have jurisdiction over the Los Angeles Airways permit, including exclusive air rights within a three-mile radius of the Heliport Site in the Disneyland area, which would preclude future air service to Anaheim by a competitive airline. Councilman Dutton stated that he recently had expressed opposition to the air rights clause in a meeting with the President of Golden West Air- lines; that the President had stated they do desire an exclusive operation and had asked him to be their star witness at the Civil Aeronautics Board Hearings in Washington, D.C., March 5, 6, 7, and 8, 1972. He therefore re- quested some action by the Council that could be presented at the Hearings. City Manager Keith Murdoch advised that the exclusive air rights clause originally was granted to prevent competition, as in the late 1940's the Los Angeles Airways helicopter service was new and experimental and the Federal Government felt it was important to protect such venture, at least in the initial years; however, after all these years, there should be no need for it now, it is still there for an antiquated purpose. Council discus:sion followed. On motion by Councilman Thom, seconded by Councilman Stephenson, the City Council reaffirmed its position that such service is needed and they support the application to acquire Los Angeles Airways by Golden West Airlines or any other competent corporation who would operate the facility, and also requested removal of the three-mile exclusive air rights clause. MOTION CARRIED. ORDINANCE NO. 3006: Councilman Stephenson offered Ordinance No. 3006 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM Mb-NICIPAL CODE RELATING TO ZONING. (66-67-61(51) - C-R) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3006 duly passed and adopted. ORDINANCE NO. 3007: Councilman Stephenson offered Ordinance No. 3007 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 2, CHAPTER 2.12 AS AMENDED BY ORDINANCE NO. 2992 RELATING TO AN ADMISSIONS TAX. (Ordinance No. 2992 Amended Ordinance No. 2940.) ORDINANCE NO. 3009: Councilman Roth offered Ordinance No. 3009 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-29 - R-3) ORDINANCE NO. 3010: Councilman Thom offered Ordinance No. 3010 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (64-65-14(1) - C-2) RESOLUTION NO. 72R-34 - AGReeMeNT - WAINWRIGHT & RAMSEY EMPLOYMENT - ELECTRIC REVENUE BOND ISSUE: Councilman Stephenson offered Resolution No. 72R-34 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT EMPLOYING WAINWRIGHT & RAMSEY, INC. AND AUTHORI- ZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. ($22,500.00) 72-55 City Hall, Anaheim~ California - COUNCIL MINUTES - January 25, 1972, 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 72R-34 duly passed and adopted. RESOLUTION NO. 72R-35 - PLAN CHECKER UPGRADE: Councilman Pebley offered Resolu- tion No. 72R-35 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 71R-471 BY AMENDING THE COMPENSATION SCHEDULE FOR THE JOB CLASS OF PLAN CHECKER: BUILDING DIVISION, DEVELOPMENT SERVICES DEPARTMENT. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 72R-35 duly passed and adopted. R.W. BECK & ASSOCIATES AGREEMENT: On recommendation of the City Manager, authori- zation was granted to increase to an amount not to exceed $80,000.00 th~ total amount to be paid to R.W. Beck & Associates, for consulting fees in connec- tion with the various proceedings now before the Federal Power Commission, California Public Utilities Commission, and the Atomic Energy Commission, relative to the Southern California Edison Company rate increase, on motion by Councilman Stephenson, seconded~by Councilman Dutton. MOTION CARRIED. RESOLUTION NO. 72R-36 - HIGH SCHOOL GOLF: Councilman Pebley offered Resolution No. 72R-36 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PERMITTING THE ANAHEIM UNION HIGH SCHOOL DISTRICT TO UTILIZE THE ANAHEIM MUNICIPAL GOLF COURSE. ($1,000.00) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None ERNST & ERNST - AGREEMENT RE DATA PROCESSING SERVICES: Mr. Murdoch presented a proposed letter agreement, dated January 14, 1972, submitted by Ernst & Ernst, Santa Aha, to provide advice and guidance of a technical nature to the Data Processing Systems personnel assigned to the Utility Billing System Project. He advised that this proposal is a follow-up on the recommendations accepted by the Council on June 8, 1971, as a result of a study by Ernst & Ernst authorized December 8, 1970. Mr. Murdoch recommended execution of the letter agreement be author- ized in an amount not to exceed $5,000.00. Councilman Thom inquired as to the status of bringing the Data Pro- cessing System up to its most efficient operation as recommended by the Ernst & Ernst Study and requested a report from Staff and also Ernst & Ernst, stat- ing such progress reports should be included under the terms of the original agreement with Ernst & Ernst. The Mayor declared Resolution No. 72R-36 duly passed and adopted. 72-56 .City Hall~ Anaheim, California - COUNCIL MINUTES - January 25, 1972, 1:3.0 P.M. On motion by Councilman Thom, seconded by Councilman Roth, the Mayor and City Clerk were authorized to execute said letter agreement on behalf of the City of Anaheim, at an amount not to exceed $5,000.00, as recommended by the City Manager. MOTION CARRIED. RESOLUTION NO. 72R-37 - BOARD OF SUPERVISORS ASSISTANCE, 1972 GENERAL ~JNICIPAI. ELECTION: Councilman Roth offered Resolution No. 72R-37 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF ANAHEIM, RELATING TO THE CONDUCT OF A GENERAL ~JNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 11, 1972. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 72R-37 duly passed and adopted. RESOLUTION NO. 72R-38 - CALLING 1972 GENERAL MUNICIPAL ELECTION: Councilman Ste- phenson offered Resolution No. 72R-38 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE llTH DAY OF APRIL, 1972, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 72R-38 duly passed and adopted. RESOLUTION NO. 72R-39 - CANVASS OF 1972 GENERAL MUNICIPAL ELECTION RETURNS: Coun- cilman Pebley offered Resolution No. 72R-39 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ORDER- ING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE llTH DAY OF APRIL, 1972, TO BE MADE BY THE CITY CLERK OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 72R-39 duly passed and adopted. PAI~K AND RECREATION PROGRAM - HIGH SCHOOL BOARD: Councilman Roth reported he had attended a meeting on January 4, 1972, between the Park and Recreation Com- mission and the High School Board of Trustees and at that time the Board of Trustees agreed to continue to participate in the Park and Recreation program for the coming year. 72-57 .~ity Hall, Anaheim, California - COUNCIL MINUTES - January 25, 1972~ 1:30 P.M. BANZAI MINI-CYCLE PARK: ~yor Dutton presented a letter dated January 20, 1972, from Ford and Wilma Dickerhoff, prospective purchasers of the Park Royale Mobile Home Village near the Banzai Mini-Cycle Park, objecting to the noise from the cycle park and suggesting that the operation either be terminated or moved to another location at the earliest possible date. Mayor Dutton referred to the City Planning Commission Minutes of August 24, 1970, and a letter from the Anaheim City Clerk to the City of Orange transmitting the City Council's recormnendation regarding Zone Change No. 590, Conditional Use Permit No. 482, and Variance No. 1164 (proposing the mobile home park in question), that the City of Orange deny said zone change on the basis that residential use of the property would be incompat- ible with industrial uses in the area. Councilmen Stephenson, Roth and Dutton stated they had visited the mobile home park over the weekend and found considerable noise from the cycle park; however, at the Clubhouse location there was as much noise from the Freeway as from the cycle park. In reply to Councilman Roth, Mr. Murdoch advised that the cycle park was constructed last spring as an experimental type of operation and is open from 10:00 A.M. to dusk; that at the end of summer, it either was operating at a small loss or on a break-even basis, primarily because the insurance premium is exceptionally high. Councilman Roth commented on the fact that the mobile home park was constructed after Anaheim had expressed objection, but added that if the cycle park is to be a permanent operation, he felt some sort of screen- ing should be planted to help block the noise. Mayor Dutton expressed the opinion such screening should be plan- ted by the mobile home park. He also noted that the Banzai Park provides a service to approximately 10~000 motorbike owners in Anaheim. Councilman Roth stated that in discussion with parents at the cycle park he had found them enthusiastic about the park; the only injur- ious accident he knew of was one where the cyclist had a makeshift gas tank that caught fire; that 90% of those he observed had no license plate, indicating the parents did not allow them to be driven on public streets. Following Council discussion, a report on operation of the cycle park and a breakdown of costs was requested, and by general Council con- sent, the Council took no action on the request by Mr. and Miss Dickerhoff, and Mayor Dutton asked that copies of the City Planning Commission Minutes and other pertinent material be sent to the Dickerhoffs for their informa- tion. RECESS - EXECUTIVE SESSION: At the request of the Assistant City Manager, Coun- cilman Pebley moved to Recess to Executive Session to discuss litigation and a personnel matter. Councilman Dutton seconded the motion. MOTION CARRIED. (3:00 P.M.). AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present. (3:15 P.M.). LITIGATION - SMITH VERSUS DAOUST: On report and recommendation of the City At- torney, Councilman Thom moved that the Superior Court Action of Smith versus Daoust not be contested, and the City Clerk was instructed that Section 501 of the Anaheim City Charter, to the extent that it requires a Council can- didate to "have been a resident and qualified elector of the City for at least three years," is unconstitutional and she should make no attempt to enforce such provision regarding duration of residency. Councilman Pebley seconded the motion. MOTION CARRIED. ADJOIHtNMENT: Councihnan Pebley moved to adjourn. motion. MOTION CARRIED. Adj o~w~ned: Signed Councilman Roth seconded the