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1969/02/11City Hall, Anaheim~ California - COUNCIL MINUTES - February 11~ 1969~ 1;30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Dutton~ Krein, Schutte, Clark and Pebley (entered the meeting at 2:30 P.M.) ABSENT: COUNCILMEN; None PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Williams CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES; Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Pro-Tem Schutte called the meeting to order. INVOCATION: Chaplain Randolph, of the Orange County Medical Center, gave the Invocation. FLAG SALUTE: Councilman Clark led the Assembly in the Pledge of Allegiance to the Flag. ~NTRODUCTION OF NEW EMPLOYEES: Harvey Rose, of the City Personnel Department~ introduced new employees attending the Council meeting as part of the City Orientation Prosram. Mayor Pro-Tem ~chutte welcome~ the new employees to the City Family. MINUTES: Minutes of the Anaheim City Council meeting held January 28, 1969, were approved on motion by Councilman Krein, seconded by Councilman DuttOno MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Clark 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 reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Dutton seconded the motion. MOTION UNANI- MOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $894,780.69, in accordance with the 196~-69 Budget, were approved. DINNER DAN~ iNG PLACE PERMIT: Application filed by Andrew B. Wright, for dinner danc- ing p,:rmit at The Country Girl Bar and Grill, 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 Dutton, seconded by Councilman Krein. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 256 - EXTENSION OF TIME: Request of Mrs. Anne Paulus was submitted for a one-year extension of time to temporary waiver of a mas- onry wall on the south and east boundaries of subject property, pursuant to Resolution No. 62R-688; C-1 zoned property, located at the southeast corner of Lincoln Avenue and Rio Vista Street. On motion by Councilman Clark, seconded by Councilman Krein, a one- year extension of time was granted, as recommended by the Development Services Department. MOTION CARRIED. RECLASSIFICATION NO. 62-63-38: Request of Anthony A. Allen, The Belinda Company, i.,~.~_-;}" -_,,;°(".:. ,,.,_., :~OL:C.:! .'ro~.,~rh' , 'c :~' ....... ,~l ah' tt,~ ~}o:"~,oarl:, corner of Lincoln Avenue a~ '..:}o Vista Street:. On motion by Councilman Dutton, seconded by Councilman Krein, a one- year extension of time was granted, to expire August 8, 1969, as recommended by the Development Services Department. MOTION CARRIED. 69-81 City Hall; Anaheim; California - COUNCIL MINUTES - February 11, 1969, 1:30 P.M. RECLASSIFICATION NO. 62-63-107: Request of Roger Vos, S.V. Hunsaker and Sons, Inc., for a waiver of wall construction and release of Bond No. 1532627 was submitted together with report and recommendation of the Development Services Department. Subject property is zoned R-3 and located on the north side of Miraloma Way, west of Blue Gum Street. (Tract No. 4081). ORDINANCE NOo 2639: On the recommendation of the Development Services Depart- ment, Councilman Krein offered Ordinance No. 2639 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO, 1966, IN RECLASSI- FICATION PROCEEDINGS NO~ 62-63-!07. (Delete Condi~ion No. 5 - Pertaining to wall construction on Lhe easterly boundary). REQUEST - LAUNDRY MACHINE LICENSE TAX: Consideration of a request to review the laundry machine license tax was continued from the meeting of January 14, 1969, for presentation of additional information. The City Clerk noted receipt of correspondence dated February 3, 1969, from the Western Coin Laundry Operat- ors Association. Mr. Lloyd Prell, President of Western Coin Laundry Operators Asso- ciation, addressed the City Council in favor of computing the license tax for coin operated laundry machines on a gross receipts basis rather than a per- machine basis. He stated that coin laundry operators expect to pay their fair share of taxes, but that the per-machine method of taxation creates a heavier tax burden on one segment of the service industry. He noted that the City of Anaheim licenses most other businesses on gross receipts; and that the League of California Cities recommends gross receipts as the fairest method of taxa- tion for every business, with no exceptions indicated. Mr. W.E. Bloomfield, President of Web Service Company, called atten- tion to a previous survey compiled by the City Finance Director, showing the basis for paying business license fees in 81 California cities, and stated that he had compiled a similar survey which shows the actual manner in which the Web Service Company was charged for business license fees in each city in 1968. He reported that Anaheim, Stanton, Brea and Huntington Beach are the only cities in Orange County currently on a per-machine basis; that Hunting- ton Beach does not enforce the collection of such fees and to his knowledge none are actually paid in that city; that the fees paid by his Company in Ana- heim are greater than the combined fees paid in all other Orange County cities; and that the license is disproportionate to that paid by retail stores, (he estimated $7.00 per thousand paid by the Web Service Company, vs. 10¢ per thousand paid by retail stores). He called attention to the fact that the Xerox Corporation is not taxed on a per-machine basis, and noted similarities in the operation of that business to his own; i.eo, the dispensing of a service on a metered basis. He noted that the cities of Costa Mesa and Torrance have changed their poli- cies of taxation from a per-machine basis to a flat rate, and have found that revenues have actually increased as a result, notably because of the ease of enforcement and collection. He contended that individual license stamps are difficult to affix to washing machines, and cannot be transferred to a new machine when an inoperative machine is replaced; that from the standpoint of the City, the enforcement of this license tax is uneconomical in that a com- plete record system must be maintained, each license stamp issued must be hand dated, each location must be inspected periodically, and billings mailed for those machines which do not bear stamps. He felt that since the majority of cities in the United States tax coin laundry operators on the same basis as other retail operations, that the City of Anaheim should do likewise, and asked that the City Counci" place this type of business on a gross receipts basis. In answer to questions asked by Councilman Clark, Mr. Bloomfield stated that the margin of profit is very small in this type of business; that £igures from one year's operation showed that each machine produced an aver- age net income of Cot~ncilman Clark stated that he felt an inequity exists, and that this type of business should be taxed on the basis of gross receipts. 69-82 City Hall, Anaheim, California - COUNCIL MINUTES - February 11~ 1969~ 1~30 PoM. Councilman Krein called attention to information recently obtained which, contrary to Mr. Bloomfield's statements, indicates several other cities in Orange County charge business license fees on a per-machine bas- is; notably, Fountain Valley, Tustin, Laguna Beach and Placentiao Mr. Bloomfield felt that the information obtained from those cities applied to coin-operated ~df_~g maci~i~s, not !a~ry.eq~i~ent, and stated that in 1968 his company paid license taxes in the amount of $40.00 in the City of Tustin and $20.25 in the City of Placentia. In the ensuing Council discussion, the City Attorney noted that the City of Anaheim regards each separate laundry installation as a place of business, an interpretation which has been sustained by the courts; that as such, Web Service Company may elect to pay on a gross receipts basis in each location; however, they have elected to pay on a per-machine basis, which offers them a savings. He ai~o noted that Mr. Bloomfield is paying, on a per-machine basis, approximately the same business license tax as does the owner of a laundromat with 25 machines° He pointed out that if branch es- tablishments were not required to pay a business license for each location, large companies such as Standard Oil could operate in many locations under one business license, whereas independent o~rator~ would be required to have a license for each location; and that the same r~i,~ wo~!d a~!~ly to a chai~ of laundromats. Councilman Dutton inquired how much it costs the City to adminis- ter the b~iness license tax on a per-machine basis; the City Manager re- plied that although no accurate figures are available at the moment, this method is more expensive from the standpoint of administration. He noted, however, that when the ordinance was amended reducing the per-machine fee from $3.00 to $1o00, it was after much study which found that gross receipts is not the most equitable basis for taxation in all instances. He recommend- ed that the matter be given extensive study before any changes are made, and suggested that the cost of administering the license tax on all vending ma- chines be examined to see if a more appropriate method exists. Councilman Clark suggested that a distinction be made between vending machines which offer goods and those offering services. Mayor Pro-Tom Schutte asked if anyone else wished to address the City Council. Mr. James Townsend, 808 North Pine Street, favored the gross re- ceipts method for taxing coin laundry operators, and stated that it did not make sense to defend a method of taxation which is so costly to administer. Councilman Dutton noted that the City Council did not wish to be discriminatory nor confiscatory, and agreed perhaps another analysis of busi- ness license taxes should be made to determine how much revenue is actually derived. Councilman Krein concurred that a study should be made prior to taking any action. The City Manager requested clarification as to whether the City Council wished to make a distinction between service type businesses and those handling consumer products, and Councilman Clark suggested that the distinction be made 0nly with reference to coin-operated s~rvica machines. At the conclusion of Council discussion, Counci!~.~an llrein moved that the City Manager make a re-analysis and study of the situation, deter- mining the costs of administration, and prepare a recommendation for further Council consideration. Councilman Clark seconded the motion° MOTION CARRIED. Mr. Prell asked if representatives of the Coin Laundry Operators cou?.l attend meetings with the City Manager in the course of the study; Mr. Murdoch indicated that ha, in all probability, will contact Mr. Bloomfield and perhaps other coin laundry operators for information, however, no formal meeting is anticipated. 69-83 City Hall~ Anaheim, California - COUNCIL MINUTES - February 11, 1969, 1:30 P.M. Mayor Pebley entered the Council Chambers and assumed Chairmanship of the meeting, 2~30 DATA PROCESSING SERVICES: The City Manager requested that the report on Data Processing Services, scheduled for this date, be held over to a future date as new information is being explored which may affect the recommendation. The City Council concurred° ORANGE COUNTY CONDITIONAL PERMIT NO. 3032~ Excerpt of the City Planning Commis- sion meeting held February 10, 1969, pertaining to Orange County Conditional Permit No. 3032, requesting permission to establish a sand and gravel exca- vation and processing operation on the south side of Taft Avenue, opposite Eaton Way, in the southeast Anaheim area was submitted, recommending denial. By general consent, the City Council sustained the recommendations of the City Planning Commission, and ordered that it forwarded to the Orange County Planning Commission. ORANGE COUNTY USE VARIANCE NO. 6209: Excerpt of the City Planning Commission meeting held February 10, 1969, pertaining to Orange County Use Variance No. 6209, £or use o£ an existing building to house laborers, property lo- cated at tt~e northeast corner of Orangethorpe Avenue and Richfield Road was submitted, recommending approval for a period of three years. By general consent, the recommendation of the City Planning Com- mission was sustained, and ordered forwarded to the Orange County Planning Commission° TENTATIVE MAPS - TRACTS NOS° 6812~ REVISION NO. 2~ AND 6824, REVISION NO. 2: De- veloper - Co Michael, Inco;tracts located on the east side of East Street, north of Ball Road, Tract Noo 6812 containing 109 proposed R-2,5,000 zoned lots, and Tract No. 6824 containing 1 proposed R-3 zoned lot. Zoning Supervisor Charles Roberts noted that Revision No. 1 to said tentative maps was approved by the City Council on January 21, 1969, subject to final approval of the traffic entry and circulation pattern by the City Engineer. He reported that since that time meetings have been held and a satisfactory access point was determined. He noted that the City Plann- ing Commission, at their meeting held February 10, 1969, approved the re- vised tentative maps, subject to additional conditions that require a co~.~mon entry way, at least 75 feet wide, to Le developed at the beginning of either phase of development. As plans were reviewed by the City Council, Mr° Thompson pointed out that there would be two travel lanes in each direction, separated by a planter strip, since this will be the only access way to the two tracts. Councilman Dutton moved that Tentative Map, Tract No. 6812, Revi- sion No. 2 be approved, subject to the following conditions and findings recommended by the City Planning Commission: 1. That should this subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative form for approval° 2. That approval of Tentative Map of Tract No, 6812, Revision No. 2, is granted subject to the approval of Reclassification Noo 68-69-49. 3o That Street "A" shall be named Clifpark Way, Street "B" Clif- park Circle, Street "C" Dover Circle, Street "D" Avocado Way, and Street ~'E" King Circle. 4. That in accordance with City Council policy, a 6-foot masonry wall shall be constructed on the west property line separating Lot Nos. 1, 2, 3, 4, 105, 106, 107, 108, and 109 and East Street° Reasonable landscap- ing, including irrigation facilities, shall be installed in the uncemented portion of the arterial highway parkway the £ull distance of said wall, plans £or said landscaping to be submitted to and subject to the approval of the Superintendent of Parkway Maintenance. Following installation and acceptance, the City of Anaheim shall assume the responsibility for maintenance of said landscaping. 69-84 City Hall, Anaheim, California - COUNCIL MINUTES - February 11, 1969~ 1:30 P.M. 5. That the vehicular access rights, except at street and/or alley openings to East Street from Lot Nos. 1 through 4, 105, 106, 107, 108, and 109, shall be dedicated to the City of Anaheim. 6. That all lots within this tract shall be served by underground utilities. 7. That access to Mc Cloud Street shall be acquired prior to ap- proval o£ Tract No. 68127 Revision No. 2, by the City Council. 8. That drainage shall be discharged in a manner which is satis- factory to the City Engineer. 9. That the owners of subject property shall pay to the City of Anaheim park and recreation fees for each dwelling unit, as required by City Council resolution, which shall be used £or park and recreation purposes, said amount to be paid at the time the Building Permit is issued. 10. That the entranceway ~rom East Street shall be constructed with the development of either Tract No. 6812 or No. 6824, whichever occurs first. FINDING; That the petitioner is advised that. by Resolution, the City Council has determined that the £ollowin$ park and recreation fees shall be applicable and payable at the time a building permit is issued~ (a) Issuance of a building permit on or prior to May 1, 1969, $25.00 per dwelling unit; or (b) Issuance of a building permit subsequent to May 1, 1969, $125.00 per dwelling unit. Councilman Krein seconded the motion. MOTION CARRIED° Councilman Dutton moved that Tentative Map, Tract No. 6824, Revision No. 2, be approved subject to the following conditions and finding recommended by the City Planning Commission: 1. That should this subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative form for approval. ~. 2. That the approval of Tentative Map of Tract No. 6824, Revision No. 2, is granted subject to the approval of Reclassification No. 68-69-49. 3. That all lots within this tract shall be served by underground utilities. 4. That a 6-foot masonry wall shall ba constructed along the northerly and easterly lines of Lot No. 1. 5~ That drainage shall be discharged in a manner which is satisfac- tory to the City Engineer. 6. That the owners of subject property shall pay to the City of Ana- heim park and recreation fees for each dwelling unit, as required by City Council resolution, which shall be used for park and recreation purposes, said amount to be paid at the time the Building Permit is issued. 7. That the developer shall dedicate a 75-foot entranceway from East Street, providing four travel lanes, and a landscaped divider developed with irrigation facilities; plans for said landscaping to be submitted to and sub- ject to the approval of the Superintendent of Parkway Maintenance. Maintenance of said landscaped divider shall be provided by the owners of Tract No. 6824. 8. That the entranceway from East Street shall be constructed with the development of either Tract No. 6812 or 6824, whichever occurs first. FINDING: That the petitioner is advised that, by Resolution, the City Council has determined that the following park and recreation fees shall be applicable and payable at the time the building permit is issued- (a) Issuance of a building permit on or prior to May 1, 1969, $25.00 per dwelling unit~ or (b) Issuance of a building permit subsequent to May 1, 1969, $75~00 per dwelling unit. Councilman Krein seconded the motion. MOTION CARRIED. RESOLUTION NO 69R-76.~ ~.~2-~4~D-.--~-~=- ~ ~ ~'~ k . · v~ ..... '~u~ ....~.~,,,an Clar offered Resolution No 69R-76 for adoption. Refer to Resolution Book. 69-85 C_ity.. Hall; Anaheim; California - COUNCIL MINUTE5 - February 11, 1969, 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ANNEXATION TO THE CITY OF ANAHEIM OF T~tE TERRITORY KNOWN AND DESIGNATED AS BALL-SUNKIST ANNEXATION° Roll Gall Vote° AYES~ COUNCILMEN: Dutton, Krain, Schutte, Clark and Pebley NOES: COUNCILMEN; None ABSENT~ COUNCILMEN~ None The Mayor declared Resolution No. 69R-76 duly passed and adopted. WORK ORDER NO. 532-A - EXTENSION OF TIME: In accordance with recommendations of the City Engineer, a six-working day extension of time to Work Order N°. 532-A was approved with liquidated damages to be assessed in the amount of $275.00, on motion by Councilman Dutton, seconded by Councilman Krein. MO- TION CARRIED. RESOLUTION NO. 69R-77 - WORK ORDER NO. 539-B: Upon receipt of certification from the Director of Public Works, Councilman Clark offered Resolution No. 69R- 77 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: THE IMPROVEMENT OF DALE AVENUE, FROM CRESCENT AVENUE TO LINCOLN AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 539-Bo (Sully-Miller Contracting Company). Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-77 duly passed and adopted. DEEDS OF EASEMENT: Councilman Krein offered Resolution Nos. 69R-78 to 69R-86, both inclusive, for adoptions Refer to Resolution Book. RESOLUTION NO. 69R-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Brunswick Properties, Inco). RESOLUTION NO. 69R-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Joseph A. and Frances Lo ~ymour). RESOLUTION NO° 69R-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Grenville Pascal Brooks and Bonnie Jean Brooks). RESOLUTION NO. 69R-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR EASEMENTS FOR ROAD AND PUBLIC UTILITY PURPOSES. (Desiderio Gonzales)o RESOLUTION NO. 69R-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTYFOR AN EASEMENT FOR SEWER, PUBLIC UTILITY AND DRAINAGE PURPOSES, (Lewis R0 and Judith E. Schmid). 69-86 City Hall, Anaheim, California - COUNCIL MINUTES - FeBruary 11, 1969~ 1:30 P,M. RESOLUTION NO. 69R-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR RL_~..~2 AND PUBLIC UTILITY PURPOSES. (Louis and Manuel Walter Company, and TZKM Investments). RESOLUTION NO. 69R-84: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR UNDERGROUND ELECTRICAL CABLES, TRANSFORMERS AND RELATED FACILITIES. (Fredricks Development Corporation). RESOLUTION NO. 69R-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR PUBLIC UTILITY PURPOSES. (The Covington Brothers). RESOLUTION NO. 69R-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Lewis R. and Judith E. Schmid). Roll Call Vote: A!£S: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution Nos. 69R-78 to 69R-86, both inclusive, duly passed and adopted. RESOLUTION NO. 69R-87 - PROPOSED ABANDONMENT: Councilman Dutton offered Resolution No. 69R-87 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON AN EASEMENT FOR PUBLIC UTILITY PURPOSES OVER, UNDER AND ACROSS THE HEREINAFTER DESCRIBED REAL PROPERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION. (Abandon~ent No. 68-13A; located south of Ball Road, be- tween Brookhurst Street and Empire Street; Public Hearing - March 11 1969, 1:30 PoM.). ' Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-87 duly passed and adopted. SEWER CONNECTION FEES - 1540 SOUTH HARBOR BOULEVARD: On report and recommendation of the City Attorney, Councilman Clark moved that the City Council approve the action of the City Attorney and City Engineer in determining that a sewer connection fee be charged for extension of the sewer at 1540 South Harbor Boule- vard, as there is no indication that the original sewer connection charge had been paid; and that no charge be made for prior work. Councilman Dutton seconded the motion. MOTION CARRIED° RESOLUTION NO. 69R-88: On report and recommendation of the City Attorney, Councilman Dutton offered Resolution No. 69R-88 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING THE OFFER OF ANAHEIM HOTEL COMPANY TO RELOCATE IiOTEL WAY AND TO MAINTAIN CERTAIN PARKWAYS AND AUTHORIZING THE EXECUTION OF THE AGREEMENT COVERING THE SAME. Roll Call Vote: 69-87 City Hall; Anaheim; California - COUNCIL MINUTE8 - Februory 11, 1969, 1:30 P.M. AYES; COUNCILMEN; Dutton, Krein, $chutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT; COUNCILMEN; None The Mayor declared Resolution No. 69R-88 duly passed and adopted. PURCHASE OF EQUIPMENT: The City Manager reported on informal bids received for the purchase of a 15 Ton, Heavy EquiPment Trailer as follows; VENDOR TOTAL AMOUNT, INCLUDING TAX T & H Equipment Company, Santa Aha Page & Page, Portland, Oregon Ca!?.ahan Engineering Company, South Gate Miller Tilt Top Trailers Shepherd Machinery Company Superior Trailer Works -$4,032.00 -4,936.75 5,229.00 NO BID NO BID NO BID On recommendation of zha City Manager, Councilman Krein moved that the bid of Page and Page, in the amount of $4,936.75, including tax, be ac- cepted and p~r~hase authorized as the lowest and best qualified bid, as the lowest bid received did not meet specifications. Councilman Schutte second- ed the motion. MOTION CARRIED. P_URCHASE OF EgUIPMENT: The City Manager reported on informal bids received for -~' '~"~ P~ ,.ranofcrmar, as follows: purchase of a ~ .... '.~. ':?~.~nt.~;~. m ~. VENDOR ~TOTAL AI~,.. INCLUDING TAX General Electric Company, Los Angeles Westinghouse Electric Company, Los Angeles McGraw-Edison, Commerce Parks & Company, Long Beach $4,394.25 5,933.55 -NO BID -NO BID On the recommendation of tke City Manager, Councilman Schutte moved that the low bid of General Electric Company be accepted and purchase authorized in the amount of $4,394.25, including tax. Councilman Krein seconded the motion° MOTION CARRIED. CLAIMS AGAINST THE CITY: ?:~e following claims were denied and ordered referred to the insurance carrier, as recommended by the City Attorney, on motion by Councilman Dutton, seconded by Councilman Clark: a. Claim of Josephine Bassett, for personal injuries purportedly systained on or about February 11, 1969. ,~ Claim of W. Hackbarth, for personal property damages purportedly sustained on or about January 7, 1969. " c. Claim of Gary A. Delph, for personal property damages purportedly s~stained on or about November 7, 1968. MOTION CARRIED. CORRESPONDENCE: The following items of correspondence were Ordered received and filed on motion by Councilman Dutton~ seconded by Councilman Clark: ao City of Newport Beach Resolution No. 6925 - stating its posi- tion concerning tl~ proposed dissolution of the Orange County Harbor Dist- rict. b. City of Orange Resolution No. 3089 - urging the Governor and Legislature to enact and approve legislation restricting sale, distribution and exhibition of pornography and obscene material to persons under 18 years of age. c. Orange Count~ Board of Supervisors - Notice of H~aring on proposed detachment of territory from Cypress County Water District and an- nexation of said territory to the Stanton County Water District. MOTION CARRIED° 69 -88 City. Hall; Anaheim; California - GOUN¢IL MINUTES - February 11, 1969, 1:30 F.M. PROPOSED RESOLUTION; On motion by Councilman Clark, seconded by Councilman Krein, the City Attorney was requested to prepare a draft of a Resolution urging the Governor and Legislature to enact and approve legislation restricting the sale, distribution and exhibition of pornographic and obscene material to persons under 18 years of age, for Council consideration. MOTION CARRIED. ORDINANCE NO. 2633: Councilman Clark offered Ordinance No. 2633 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.40, SECTIONS 14.40.050, 14.40.060, 14.40.065 AND 14.40.070 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO SPEED LIMITS° Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 2633 duly passed and adopted. ORDINANCE NO. 2634: The City Clerk noted receipt of correspondence, dated February 10, 1969, from J.Wo Mullin, in opposition to adoption of Ordinance No. 2634. Councilman Krein offered Ordinance No. 2634 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, Ci-~PTER 18.16, SECTION 18.16.030 (4) OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Produce Stands). Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 2634 duly passed and adopted. ORDINANCE NO. 2635: Councilman Dutton offered Ordinance No. 2635 for first read- ing. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69 (32) - M-l). ORDINANCE NO. 2636: Councilman Clark offered Ordinance No. 2636 for first read- ing. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-55 - R-1 - Tract No. 6377). ORDINANCE NO. 2637: Councilman Schutte offered Ordinance No. 2637 for first reading. AN ORDINANCE OF THE 3ITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67-68-11 - C-l). ORDINANCE NO. 2638: Councilman Krein offered Ordinance No. 2638 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING° (67-68-42 - C-l). ORDINANCE NO. 2631: The City Clerk noted that requests were received from Jack F. Davis and Donald M. Zander to hold public discussion in connection with Ordinance No. 2631, relating to abandoned, wrecked, dismantled or inoperative vehicles. 69-89 City Hall, Anaheim, California - COUNCIL MINUTES - February 11, 1969, 1:30 P.M. Dr. William Townsend, 1150 West Tenth Street, Santa Aha, represent- ing the California Division of International Travel and Trailer Clubs of America, addressed the City Council. He stated that he had no objection to the prohibition of "junk" in front yards, but wished to have the word- ing of the ordinance changed to be more easily understood by laymen, as it pertains to campers and trailers. MOTION: Councilman 8chutte moved that a public meeting be held Tuesday, February 18, 1969, at 7:00 P.M., at the Anaheim Library, for the purpose of discussing proposed Ordinance No. 2631. Councilman Clark seconded the motion. MOTION CARRIED° bt. Townsend indicated that it may not be necessary to change the wording of the ordinance if the City Attorney will speci£y that the ordi- nance is not to be interpreted to cover campers and trailers that are in good repair and are operable. The City Attorney advised that the proposed ordinance covers ve- hicles only, therefore would not a?ply to campers; that it is not intended to a£fect the position o£ ordinary trailers and is not designed to be util- ized for any purposes except those that are specified. He noted that this interpretation has been stated repeatedly in recent Council meetings but has not appeared in newspaper accounts as the newspapers have published their own interpretations of the ordinance. Mr. Davis requested that the interpretation of the City Attorney be given at the public meeting; the City Attorney and the City Council concurred with this request. LEAGUE OF CALIFORNIA CITIES - EXECUTIVE COMMITTEE MEETING: The City Manager called Council attention to the meeting of the Executive Committee, League of California Cities, to be held February 13, 1969, to discuss the proposed dissolution of the Harbor District. ANAHEIM JUNIOR CHAMBER OF COMMERCE - COMMUNITY FAIR: The City Clerk submitted correspondence from the Anaheim Junior Chamber of Commerce requesting that the City Council grant waiver of license and fees in connection with the Community Fair for the date of February 12, 1969 also, as this date was in- advertently omitted from their earlier request. On motion by Councilman Clark, seconded by Councilman Dutton, said request was granted. MOTION CARRIED. KINGSMEN DRUM AND BUGLE CORPS: On motion by Councilman Clark, seconded by Coun- cilman Dutton, the Kingsmen Drum and Bugle Corps was designated as Honorary Representative of the City of Anaheim through the year 1969. MOTION CARRIED. INVESTIGATION OF GASOLINE PURCHASING PROCEDURES -. PROGRESS REPORT: Cou~cilman Clark reported on the progress made to date in the investigation of gaso- line purchasing procedures authorized at the meeting of February 4, 1969. He stated that prices paid by others are in the process of being compared and analyzed; that it has been found that the bid forms being used by the County of Orange could be changed in order to secure more competitive bids; and that since time is too short to make any significant changes in the purchasing procedures this year, a complete investigation and analysis will be made during the next year to insure that the lowest competitive price for gasoline can be obtained° ADJOURNMENT: Councilman Krein moved to adjourn° Councilman Dutton seconded the motion, MOTION CARRIED~ ADJOURNED: 3: 40 P.M. City Clerk