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1968/08/13 68-471 City Hall, Anaheim, California - COUNCIL MINUTES - August 13, 1968, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: 'Dutton, Krein, Schutte, Clark and Pebley COUNCILMEN: None CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph Geisler CITY CLERK: Dene M. Williams CITY ENGINEER: James P. Maddox ZONING SUPERVISOR: Ronald Thompson TRAFFIC ENGINEER: Edward Granzow -, Mayor Pebley called the meeting to order. INVOCATION: Reverend Feldner, of the First United Methodist Church, gave the Invocation. FLAG SALUTE: Councilman Krein led the Assembly in the pledge of Allegiance to the Flag. MINUTES: Minutes of the Anaheim City Council meeting held July 30, 1968, were approved, on motion by Councilman Schutte, seconded by Councilman Dutton. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLlITIONS: 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 read- ing of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Krein seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $781,664.58, in accordance with the 1968-69 Budget, were approved. ~ PUBLIC HEARING - ABANDONMENT (PORTION OF WINSTON ROAD): Pursuant to Resolution No. 68R-446, duly published in the Anaheim Bulletin, August 1, 1968, 'and notices posted in accordance with law, public hearing was held on the pro- posed abandonment of a portion of Winston Road, (67-l6A), as requested by Mr. Don B. Tatum, Vice-President of Walt Disney Productions, and Mr. and Mrs. Clyde Buckley Sch1und~ The City Engineer recommended approval, subject to reservation of easement for sanitary sewer line and existing manhole. The Mayor asked if anyone wished to address the Council, either for or against the proposed abandonment, there being no response, declared the hearing closed. RESOLUTION NO. 68R-493: Councilman Krein offered Resolution No. 68R-493, authorizing abandonment of a portion of Winston Road, as requested, subject to the recommendations of the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACA- TION AND ABANDONMENT OF A PORTION OF WINSTON ROAD AND AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND THROUGH THE HERE- INAFTER DESCRIBED REAL PROPERTY; AND RESERVING AN EASEMENT FOR SANITARY SEWER LINE AND MANHOLE PURPOSES OVER, UNDER AND ACROSS A PORTION OF SAID PROPERTY. ---, ! Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R-493 duly passed and adopted. ~ , ! ,...--. ,.,..-- 68-472 City Hal1~ Anaheim~ California - COUNCIL MINUTES - Au~ust 13, 1968~ 1:30 P.M. OFFICIAL ANAHEIM TREE - MAGNOLIA: Mrs. Ana Cruse, President of the Women's Division of the Anaheim Chamber of Commerce, addressed the Council, pre- senting a resolution requesting that the Magnolia tree be designated as the Anaheim Official Tree, and recommending it be planted wherever prac- ticable. Mrs. Cruse advised that the request comes in the interest of City beautification, and to fulfill a commitment to the community regard- ing a City Official Tree. Mrs. Cruse thereupon introduced Mrs. Mildred Taggart, Chairman of the Civic Affairs Committee. Mrs. Tag(!,art summarized the steps taken in selecting an Official Tree, and advised that organizations, businesses, and residents were re- quested to suggest an appropriate tree; many trees were suggested, and var- ious factors were considered by the Committee and Staff Personnel who as- sisted, such as the root construction, maintenance, etc. In answer to a question by Councilman Schutte, Mr. Murdoch advised that should the magnolia tree be selected, it would not necessarily be used in every parkway. It would be recommended in those areas considered appro- priate, such as in those parkways where there is sufficient room for the tree to grow, and perhaps in the landscaped areas of some of the public buildings. It was noted that the magnolia tree is presently included in the suggested tree list. RESOLUTION NO. 68R-494: Councilman Clark offered Resolution No. 68R-494 for adoption, declaring the Magnolia tree to be the Official Anaheim Tree. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE MAGNOLIA TREE AS THE OFFICIAL TREE OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R-494 duly passed and adopted. PRESENTATION: Mrs. Mildred Taggert, on behalf of the Women's Division, Anaheim Chamber of Commerce, presented Mayor Pebley with an Indian Love Bead Medallion Necklace, in appreciation of his support and cooperation. ENTERTAINMENT PERMIT: Application filed by Barbara J. Hess, to renew entertain- ment permit at Duane's Pirate Cavern, 1031 North Euclid Street, to permit a three or four-piece combo, was submitted together with Chief of Police recommendation that said permit be granted, subject to provisions of Chapter 4.18 of the Anaheim Municipal Code. On motion by Councilman Dutton, seconded by Councilman Krein, said permit was approved, as recommended by the Chief of Police. MOTION CARRIED. PUBLIC DANCE PERMIT: Application filed by Frances B. Gonzales, on behalf of Sociedad Naciona1 Mexicana #1, to conduct a dance on August 18, 1968, at Carpenter's Hall, 608 West Vermont Avenue, was submitted together with recommendations of the Chief of Police. On motion by Councilman Dutton, seconded by Councilman Krein, said permit was granted, subject to the provisions of Chapter 4.16 of the Anaheim Municipal Code, as recommended by the Chief of Police. MOTION CARRIED. ENTERTAINMENT PERMIT - AMUSEMENT MACHINE PERMIT - DINNER DANCING PLACE: Applica- tion filed by Donald W. Piper and Marcus Lloyd Warren, for Dinner Dancing, Entertainment, and Amusement Devices Permits for the Brothers III Restaur- ant, 1116 Fountain Way, were submitted, together with recommendations of [' 68-473 City Hall. Anaheim. California - COUNCIL MINUTES - August 13. 1968. 1.:30 P.M. the Chief of Police~ On motion by Councilman Dutton, seconded by Councilman Krein, said permits were granted, subject to the applicable provisions of the Anaheim Municipal Code, as recommended by the Chief of Police. MOTION CARRIED. PUBLIC DANC~ PERMIT: Application filed by J. R~. Rosas, to conduct a public dance, August 16, 1968, in the Embassy Room of the Disneyland Hotel, 1441 South West Street, was submitted together with recommendations of the Chief of Police. ~ On motion by Councilman Clark, seconded by Councilman Schutte, said permit was granted, subject to the provisions of Chapter 4.16 of the Anaheim Municipal Code, and further subject to the provisions that four officers and one matron be provided, as recommended by the Chief of Police. MOTION CARRIED. CONDITIONAL USE PERMIT NO~ 576: Permitting the establishment of a real estate loan broker's office in a residential structure, located at 314 West Ball Road, was submitted together with the recommendations of the Development Services Division that subject conditional use permit be terminated, and development be in accordance with Area Development Plan #8. RESOLUTION NO. 68R-495: Councilman Schutte offered Resolution No. 68R-495, terminating Conditional Use Permit No. 576, as recommended by the Develop- ment Services Division. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 576 AND DECLAR- ING RESOLUTION NO. 64R-498 NULL AND VOID. Roll Call Vote: ~ AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R-495 duly passed and adopted. REQUEST - SAFETY DEVICES - STODDARD SCHOOL: Mr. Bob Farrell, representing the P.T.A. and interested citizens of the Stoddard School area, referred to let- ter sent to the City Manager, dated July 15, 1968, relative to hazardous traffic conditions and safety needed for the area. He advised that, as a result, larger signs were provided and a school crosswalk repainted, however, in their opinion, the following was also needed: 1. School crosswalk guard. 2. Temporary sidewalks on Ninth Street and Orangewood Avenue. 3. School crosswalk at Loara Street and Orangewood Avenue. 4. Ninth Street, both north and south of the school, be posted as a 25 mile per hour speed limit, with visible sign reading "Please Use Crosswalk." 5. Complete lighting of Stoddard Park. 6. A sign at Stoddard Park, noting the closing hour. Pictures showing present conditions were submitted, and Mr~ Farrell advised that they felt the needs suggested were vital, and should be taken care of prior to the opening of school. ~ Mrs. Martin Rhodes, 1868 Norma Lane, Safety Chairman of the Stoddard School P.T.A., reported that the school's first year of operation was without incident because of extra precautions taken by the school personnel in assist- ing the children to and from school. ,..--.. 68-474 City Hall. Anaheim. California - COUNCIL MINUTES - August 13. 1968, 1:30 P.M. Mrs. Rhodes related contacts with City personnel and stated that they were advised that everything necessary had been accomplished; that the 30 mile speed limit sign was removed because of everyone's awareness of a 25 mile speed limit in a school zone; that present volume of traffic did not justify a crossing guard, and sidewalks could not be installed as owners of property could not be compelled to dedicate the needed right-of-way. Mrs. Rhodes stated that the hazardous conditions were so apparent that action was necessary immediately. Discussion was held regarding the undeveloped property in the area, and the possibility of a temporary sidewalk. In answer to Mayor Pebley's question, Mr. Granzow reported that the present right-of-way would make even a two-foot or three-foot temporary sidewalk unsafe, as it would be located too close to the pavement for safety. Mrs. Rhodes felt the needed property should be condemned, if neces- sary, to construct a sidewalk for the safety of the children going to the Stoddard School and City park, and that their suggested improvements be ac- complished prior to the fall opening of school. Councilman Clark advised that his home was one of the houses lo- cated on Orangewood Avenue, and that he would be willing to dedicate the necessary right-of-way fronting his home, however, he could not speak for the other owners in the area. He reported on previous conversations with his neighbors on this subject, and advised that the neighbors were of the opinion that the needed right-of-way should be purchased, and not donated to the City. He further reported that the front yards were presently being used by the children for a walkway, rather than walking in the street. Mrs. Rhodes related other dangerous circumstances in the area, and reported that the mothers have formed car pools to singly transport the children to school. Councilman Krein was of the op1n10n that a physical inspection of the area should be made by the City Council to determine what could be accomplished to alleviate the situation, and that an attempt should be made to acquire needed right-of-way for sidewalks. Councilman Schutte agreed with the opinion expressed by Councilman Krein. Slides depicting present conditions in the area were shown, ex- plained, and pedestrian traffic noted by Mr. Edward Granzow, City Traffic Engineer. During the showing of the slides, Mayor Pebley noted the unim- proved property at the southeast corner of Katella Avenue and Ninth Street, and asked if the C-I zoning on this property, (Siewert-63-64-4) had been finalized. It was reported that a Resolution of Intention No. 63R-826, to zone the Siewert property, was adopted Oc~ober 15, 1963. However, condi- tions prerequisite to reclassification had not yet been complied with. The speed limit on Ninth Street was noted, and Mr. Granzow re- ported that in order to maintain uniformity with the City of Garden Grove, south of Orangewood Avenue, the 30 miles per hour was considered adequate, except during school hours, when the speed limit is automatically estab- lished by State Law at 25 miles per hour. During the showing of the slides, and as discussion continued, Mayor Pebley expressed his opinion that if the trees on the unimproved areas were trimmed and temporary sidewalks installed, and the well-si~e on Orangewood Avenue relocated, the important problems of the area would be solved. With the aid of a map posted on the east wall of the Council Chambers, Mr. Granzow noted corrective measures that have been taken to date; one being the installation of larger school signs; another,the re- painting of the school crosswalk for better visibility. 68-475 City Hall~ Anaheim~ California - COUNCIL MINUTES - August l3~ 1968~ 1:30 P.M. Mr. Granzow reported on the studies made last year, at the beginn- ing of the school term, and advised that the school crosswalk, which location is governed by the State Vehicle Code, was placed in what they considered to be the best location, and that warrants determining the justification of a crossing guard were not met, however, a reinvestigation should be made this year to determine if warrants and conditions now justify the placement of a crossing guard at this location. In addition to this request, request for school crossing guards have been received and are being investigated for the intersection of Stonybrook Drive and Dale, Sunkist,at the Juarez School, and Magnolia, near the Mattie Lou Maxwell School. ~ Discussion was held on the possibility of a portable stop sign, at dangerous locations, and Mr. Granzow noted that they have recommended an ad- ditional sign be placed in the school crosswalk of the Stoddard School, read- ing "School Crossing. Stop When Occupied," and further reported that the crosswalk on Orangewood Avenue could not be identified as a school crossing, and they would be hesitant to establish a portable sign at this location be- cause of the narrow width of the street. Concerning the well site, Mr. Murdoch reported that the well was apparently in private ownership, and that an investigation would be made to determine a satisfactory solution, as it appears there is sufficient area to carry pedestrian traffic through the site. In addition, owners of the un- improved property on Ninth Street would be contacted to determine the poten- tial of either a temporary or permanent sidewalk. Councilman Clark stated he believed the owners on the south side of Orangewood Avenue would be agreeable to the City's removal of one row of orange trees fronting their property, to provide for a temporary, blacktop walk. Mr. Murdoch reported that to accomplish the suggestion of Council- man Clark would require either additional dedication, or permission from the owners. He noted also that temporary sidewalks add additional liability to the City, because of the nature of a blacktop walkway, and that another con- sideration of the Council would be how costs of improvements are to be borne, such as under the 1911 Act, etc. ~ As to a center street sign on Orangewood Avenue, Mr. Granzow ad- vised that it would be their recommendation that one not be utilized, because of the narrow width of the street, and the hazards that would be created. However, advance signing was possible, identifying the pedestrian crosswalk, which he felt would serve the same purpose. With reference to the reqc2st for a crossing guard at Stoddard School, Mr. Murdoch explained the procedure by warrants to determine justi- fication, and that investigation is made when there is an activity that could be measured. He noted that the pedestrian and vehicle activity was measured at this location last year, and also during summer school. Further, it may be possible to determine whether conditions are present, or will be present, to justify a crossing guard at the beginning of the school year, if student population statistics from given areas could be obtained. He stated it was his understanding that according to studies made by Mr. Granzow during the summer session, pedestrian activity was sufficient to meet the required war- rants. Mrs. Garcia, 2038 Janette Lane, questioned the justification of a crossing guard on Walnut Street at the Betsy Ross School, if the Stoddard School location could not be justified. Mrs. Garcia also felt that because of the wide width of the street, an additional sign in the center of the school crosswalk would not serve the purpose nearly as well as a crossing guard who would escort the children from one side of the street to the other. ~, Mrs. Anna Kaufman, 1902 Gail Lane, President of the Stoddard School P.T.A., advised that she had learned that a number of people in their area contacted the City last year, calling attention to the hazardous traffic conditions, without any results, and only after organization of efforts were certain corrective measures taken. "...... r ~~.~ ....-- 68-476 City Hall~ Anaheim~ California - COUNCIL MINUTES - August l3~ 1968~ 1:30 P.M. Mrs. Kaufman related incidents of near tragedy and requested the City proceed to correct the situation. Councilman Krein felt that a crossing guard at this location would eliminate 75% of the problem, and it was noted that the cost to the City would be approximately $1,500.00 per year. Mr. Geisler advised that a crossing guard was a regulatory mea- sure, and not a protective measure; that it was a particular measure be- cause of a traffic problem requiring more than standard regulations, and for this reason a procedure of warrants is established. Mr. Bob Farrell asked that the request for the crossing guard be voted upon at this meeting, in that this location was unique and differed, being adjacent to a City park with planned activities conducted in the park. He further reported that 1,800 children attended the summer session, and feared that action would not be taken on the request if it was deferred to the beginning of the school year. Councilman Dutton advised those in attendance that at this time there was not sufficient information to make a decision, and noted that it had been strongly indicated that the situation might now meet the necessary warrants for a crossing guard. Councilman Krein moved that the crossing guard be authorized. Councilman Clark seconded the motion. Councilman Schutte objected to taking action at this time, with- out the further report from the Traffic Engineer and City Manager. Councilman Dutton shared the position as expressed by Councilman Schutte. Mayor Pebley reported his vote on the. above motion to be "No," at the present time, as he agreed witn Counc11men Schutte and Dutton, how- ever, he felt certain a crossing g~ard;was needed at the location and would favor authorization of the guard at the next meeting, after a report has been obtained regarding the possible relocation of the well site and the trimming of the trees on Ninth Street. Said motion failed to carry, having not received a majority Aye vote. Mr. Murdoch was reqQested to obtain the needed reports for the next Council meeting, (August 20, 1968, 1:30 P.M.) FINAL MAP - TRACT NO. 6615: J.W. Me Michael Company, Fullerton; location, west side of Loara Street, south of Broadway, containing 9 proposed R-2, 5,000 zoned lots, (67-68-74.) On motion by Councilman Dutton, seconded by Councilman Clark, Final Map of Tract No. 6615 was approved, as recommended by the City Engineer. MOTION CARRIED. 66919;tvY TENTATIVE MAP - TRACT NO. ~~: Developer, J.W. McMichael Company; location on the north side of Broadway, east of Magnolia, and south of Lincoln Avenue; containing 92 proposed R-2, 5,000 zoned lots. On motion by Councilman Schutte, seconded by Councilman Dutton, action on Tentative Map, Tract No. 6691 was deferred, to be considered in conjunction with Reclassification No. 68-69-14. MOTION CARRIED. TEMPORARY TRAILER PERMIT - REPUBLICAN HEADQUARTERS: On motion by Councilman Dutton, seconded by Councilman Krein, use of house trailer, requested by Mrs. Dorothy Mason, for temporary Republican Headquart-ers>, a.th328 South' 'Euclid Street, for a period not to exceed three months, commencing August 15, 1968, was authorized. MOTION CARRIED. I " 68-477 City Hall, Anaheim, California - COUNCIL MINUTES - August 13, 1968, 1:30 P.M. RECLASSIFICATION NOS. 63-64-61 AND 67-68-91, (TRACT NO. 5123): Mr. Geisler re- ported that street lighting and tree fees have been paid under Reclassifica- tion Number 63-64-61, in the total amount of $4,272.80, and that this zoning action has been superseded by Reclassification No. 67-68-91, of which Tract No. 5123 is a part, and recommended that a refund be authorized to the pro- perty owner who is presently the developer. On motion by Councilman Dutton, seconded by Councilman Krein, re- fund was authorized, as recommended by the City Attorney, upon the filing of Final Tract Map No. 5123. MOTION CARRIED. I RESOLUTION NO. 68R-496 - AWARD OF CONTRACT, WORK ORDER NO. 263: Councilman Krein offered Resolution No. 68R-496 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 IMPROVEMENT OF LA JOLLA STREET, FROM KRAEMER BOULEVARD TO APPROXIMATELY 735 FEET WEST THEREOF, IN THE CITY OF ANAHEIM, WORK ORDER NO. 263. (R.J. Noble Company - $12,567.90.) Roll Call Vote: AYE S : NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R-496 duly passed and adopted. '1 RESOLUTION NO. 68R-497 - AWARD OF WORK ORDER NO. 523-A: Councilman Krein offered Resolution No. 68R-497 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 REPONSIBLE 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 IMPROVEMENT OF SUNKIST STREET, FROM LA PALMA AVENUE TO LINCOLN AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 523-A. (R.J. Noble Company - $34,851.30.) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R-497 duly passed and adopted. RESOLUTION NO. 68R-498 - WORK ORDER NO. 1952: Councilman Clark offered Resolution No. 68R-498 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: IMPROVEMENT OF UTILITY YARD (PHASE III) AT 901 EAST VERMONT AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1952, APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICA- TIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened September 19,1968,. 2:00 P.M.) 68-478 City Ha11~ Anaheim, California - COUNCIL MINUTES - Au~ust 13, 1968, 1:30 P.M.) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R-498 duly passed and adopted. r--. i RESOLUTION NO. 68R-499 - ACCEPTANCE OF WORK ORDER NO. 53lB: In accordance with certification of Thornton E. Piersall, Director of Public Works, Councilman Dutton offered Resolution No. 68R-499 for adoption. r-, r 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: IMPROVEMENT OF THE SOillH- EAST CORNER OF THE INTERSECTION AT MAGNOLIA AND LA PALMA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 53lB. (Griffith Company.) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R-499 duly passed and adopted. RESOLUTION NO. 6aR-500 - ACCEPTANCE OF WORK ORDER NO. 545B: In accordance with certification of Thornton E. Piersall, Director of Public Works, Councilman Dutton offered Resolution No. 68R-500 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 illILITIES 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 RICHfIELD ROAD, FROM LA PALMA AVENUE TO APPROXIMATELY 550 FEET NORTH THEREOF, IN THE CITY OF ANAHEIM, WORK ORDER NO. 54SB. (Orville E. Henderson.) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R-SOO duly passed and adopted. RESOLUTION NO. 68R-501: Councilman Dutton offered Resolution No. 6aR-501 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AillHORIZING THE PURCHASE OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES, ACCEPTING THE DEED FOR RECORDING IN CONNECTION THEREWITH AND AUTHORIZING THE PAYMENT THEREFOR. (Davis Property.) Roll Call Vote: AYES: NO ES : ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, None None Schutte, Clark and Pebley The Mayor declared Resolution No. 6aR-501 duly passed and adopted. I" 68-479 City Hal1~ Anaheim, California - COUNCIL MINUTES - August 13, 1968~ 1:30 P.M. TRANSFER OF FUNDS: On motion by Councilman Dutton, seconded by Councilman Krein, transfer of $35,200.00 from the Council Contingency Fund to Account No. 109.442-901-02, for the purchase of property, pursuant to Resolution No. 68R-501 was authorized. MOTION CARRIED. PURCHASE - CONDUIT AND FITTINGS: The City Manager reported on the following in- formal quotations received for the purchase of 6 inch Conduit and Fittings, for Yorba Linda Substation, and recommended the acceptance of the low bid, that of Consolidated Electrical Distributors, in the amount of $24,880.38: --, I i Vendor Price, Includin~ Tax Consolidated Electrical Distributors, Anaheim - - - - $24,880.38 Graybar Electric Company, Inc., Anaheim - - - - 25,399.50 Electric Supply Dist., Anaheim - - - - - - - - - - - - 25,401.85 Purchase was authorized from Consolidated Electrical Distributors, as recommended, on motion by Councilman Dutton, seconded by Councilman Krein. To this motion, Councilman Pebley abstained. MOTION CARRIED. RESOLUTION NO. 68R-s02: Councilman Dutton offered Resolution No. 68R-s02 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASE- MENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Fredricks Development Corporation - 67-68-87.) Roll Call Vote: AYES: NO ES : ABSTAINED: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Schutte, Clark and Pebley None Krein None ,~ The Mayor declared Resolution No. 68R-502 duly passed and adopted. RESOLUTION NO. ffiR-503: Councilman Clark offered Resolution No. 68R-503 for adop- tion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHOR- IZING THE EXECUTION OF A LEASE, LEASING THOSE CERTAIN PREMISES DESCRIBED AS 114-116 NORTH CLEMENTINE STREET TO EDWARD M. HARTNELL. Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R-s03 duly passed and adopted. LEASE - CITY-OWNED PROPERTY: Mr. Murdoch reported on request received to lease the small triangular piece of property at the intersection of Haster Street and Manchester Avenue, formerly used by the California Highway Patrol, for parking purposes. --, The City Council indicated no objections to leasing subject property, and approved further negotiations. METROPOLITAN WATER DISTRICT - PAYMENT: On the recommendations of the City Manager, payment of $5,000.00 to the Metropolitan Water District was ratified, for con- nection to the Metropolitan Water District line to provide additional water pressure in the southwest section of the City, on motion by Councilman Schutte, seconded by Councilman Clark. MOTION CARRIED. ,.--., r i I ,~- 68-480 City Hall, Anaheim, California - COUNCIL MINUTES - Auaust 131 1968. 1:30 P.M. CLAIMS AGAINST THE CITY: The following claims against the City were denied, and ordered referred to the insurance carrier, on motion by Councilman Dutton, seconded by Councilman Krein: a. Theresa and Jack Gebe1in, for purported property damage caused by a golf ball, July 20. 1968. b. Evelyn Coffman, for personal injuries, purportedly sustained as result of a collision between vehicle in which she was a passenger, and City Fire Truck, May 9, 1968. c. Jean Marie Lippert, for purported damage to vehicle, resulting from collision with City vehicle, on or about July 16, 1968. d. Yorba Linda County Water District, for purported damage to ten inch A.C. Main, at the intersection of Fee Ana and Walnut Streets, July 28, 1967. e. Noreen Pringle, for purported damage to vehicle, caused by a baseball, May 28, 1968. MOTION CARRIED. RESOLUTION NO. 68R-504: Councilman Krein offered Resolution No. 68R-504 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY FOR THE INSTALLATION OF CROSSING PROTECTION DOWN TIME LIMITING DEVICES AT THE BROADWAY STREET CROSSING OF SAID RAILWAY COMPANY'S TRACK. (CROSSING NO. 2-167.9.) Roll Call Vote: AYES: NOES: ABSENT: Dutton, Krein, Schutte, Clark and Pebley None None COUNCILMEN: COUNCILMEN: COUNCILMEN: The Mayor declared Resolution No. 68R-504 duly passed and adopted. RESOLUTION NO. 68R-505: Councilman Krein offered Resolution No. 68R-505 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BErwEEN THE CITY OF ANAHEIM AND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY FOR THE INSTALLATION OF CROSSING PROTECTION DOWN TIME LIMITING DEVICES AT THE LINCOLN AVENUE CROSSING OF SAID RAILWAY COMPANY'S TRACK. (CROSSING NO. 2-167.7.) Roll Call Vote: AYES: NOES: ABSENT: Dutton, Krein, Schutte, Clark and Pebley None None COUNCILMEN: COUNCILMEN: COUNCILMEN: The Mayor declared Resolution No. 68R-SOS duly passed and adopted. RESOLUTION NO. 68R-S06: Councilman Clark offered Resolution No. 68R-S06 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE COUNTY OF ORANGE, WITH REFERENCE TO ROADWAY IMPROVEMENTS ON BROOKHURST STREET BETWEEN LINCOLN AND CRESCENT AVENUES. I.' I 68-481 City Hall, Anaheim, California - COUNCIL MINUTES - August 13, 1968, 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R-S06 duly passed and adopted. CORRESPONDENCE: Minutes of the Orange County Mosquito Abatement District meeting held July 18, 1968, was ordered received and filed, on motion by Councilman Dutton, seconded by Councilman Clark. MOTION CARRIED. 'i ;i ORDINANCE NO. 2551: Councilman Dutton offered Ordinance No. 2551 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14 OF THE ANAHEIM MUNICIPAL CODE BY ADDING CHAPTER 14.56 THERETO, RELATING TO CONTROL OF TRAFFIC TURNING MOVEMENTS. Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Ordinance No. 2551 duly passed and adopted. ORDINANCE NO. 2552: Councilman Clark offered Ordinance No. 2552 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO PARKING. (67. Portion of Knott Avenue.) ! i I i Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Ordinance No. 2552 duly passed and adopted. ORDINANCE NO. 2553: Councilman Clark offered Ordinance No. 2553 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 2499 RELATING TO PARKING. (No Parking - Douglas Street. Paragraph 66, Instead of 64.) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Ordinance No. 2553 duly passed and adopted. ORDINANCE NO. 2555: Councilman Schutte offered Ordinance No. 2555 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (Reclassification No. 67-68-48, R-2, 5,000.) Roll Call Vote: I' I r-- 1 r- I I 68-482 City Hall, Anaheim, California - COUNCIL MINlITES - August 13, 1968, 1:30 P.M. AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Ordinance No. 2555 duly passed and adopted. ORDINANCE NO. 2556: Councilman Clark offered Ordinance No. 2556 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67-68-69, R-3.) Roll Call Vote: AYES: NOES: ABSTAINED: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Clark and Pebley None Schutte None The Mayor declared Ordinance No. 2556 duly passed and adopted. ORDINANCE NO. 2557: Councilman Dutton offered Ordinance No. 2557 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THl CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67-68-87, R-3.) Roll Call Vote-: AYES: NOES: A~STAINED: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Schutte, Clark and Pebley None Krein None The Mayor declared Ordinance No. 2557 duly passed and adopted. ORDINANCE-NO. 2558: Councilman Clark offered Ordinance No. 2558 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61 (14), (17), (18) - C-R.) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None - The Mayor declared Ordinance No. 2558 duly passed and adopted. ORDINANCE NO. 2559: Councilman Schutte offered Ordinance No. 2559 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 1463 IN RECLASSI- FIcATIoN PROCEEDINGS NO. 59-60-63. (Setback Required on Ball Road.) Roll Call Vote: AYES: NO ES : ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Ordinance No. 2559 duly passed and adopted. 68-483 City Hall, Anaheim, California - COUNCIL MINUTES - August 13, 1968, 1:30 P.M. ORDINANCE NO. 2560: Councilman Clark offered Ordinance No. 2560 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 1, CHAPTER 1.04, SECTION 1.04.380 OF THE ANAHEIM MUNICIPAL CODE, PERTAINING TO EXPENSE ALLOWANCES. Roll Call Vote: 'I AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Ordinance No. 2560 duly passed and adopted. ORDINANCE NO. 2561: Councilman Dutton offered Ordinance 2561 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67-68-6'/)- P-L to M-l.) 89 . tu: ORDINANCE NO. 2562: Councilman Schutte offered Ordinance No. 2562 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING VOLUME 1 AND STANDARDS, 1967 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS UNIFORM BUILD- ING CODE, WITH AMENDMENTS THERETO; AND AMENDING TITLE 15, CHAPTER 15.04 OF THE ANAHEIM MUNICIPAL CODE. (Public Hearing September 3, 1968, 1:30 P.M.) ALCOHOLIC BEVERAGE CONTROL APPLICATIONS: The following applications were submitted to the City Council for their information: a. On Sale Beer - Person-to-Person Transfer, filed by Donald W. Piper and Marcus L. Warren, for the Brothers III, 1116 Fountain Way. b. On Sale Beer and Wine (Bona Fide Eating Place), Person-to- Person Transfer, filed by Benito F. and Rosina Capo1di, for the unnamed business, located at 1219 South Brookhurst Street. c. New On Sale Beer, filed by Clinton E. and Sue C. Jones, for The Golden Key, 2625 West Lincoln Avenue. I~ No further action was taken by the City Council on the above noted applications. LAUNDRY MACHINE LICENSE SURVEY: Copies of Licensing Policies of other cities were presented to and reviewed by the City Council. Mr. William C. Bloomfield, President of Web Service Company, and Tax Representative of the National Association of Coin and Laundry Equipment Operators, addressed the Council, giving examples of servicing businesses, such as Xerox, IBM, etc., and stated that the State of California has recog- nized that these service-type businesses, similar to their own operation, were not a vending-type business; this being determined due to the fact that no sales tax is charged. He reported on the revision of the License Tax of the City of San Diego, and stated that their Anaheim License Tax was $1,350.00, which is equivalent to the tax of Xerox, Culligan Service, IBM, and other service companies, and comparable to a retail store, doing $13,500,000.00 business per year. Considering their gross receipts of under $200,000.00 per year, on a gross receipts basis, their Anaheim license tax would be approximately $100.00. He stated that in addition to the license tax, their company paid property taxes to the City of Anaheim of approximately $2,300.00 last year. ---, Mr. Bloomfield reported approximately eight cities within Cali- fornia have a substantial number of washers and dryers within their cities, and practically none of these cities charge on a per-machine basis. ~ ~ I r- 68 -484 City Hall~ Anaheim~ California - COUNCIL MINUTES - Au~ust 13, 1968, 1:30 P.M. Hr. Bloomfield reviewed the Survey of Orange County City Licens- ing Procedures, produced by the Finance Director, Douglas Ogden, pointing out what he felt to be incorrect. He advised that in the Cities of Fountain Valley, Garden Grove, and Tustin, their business was licensed on a flat-rate basis, and in the Cities of Orange and Laguna Beach, this activity is li- censed on a gross receipts basis. He further reported that forty cities in California that licensed laundry machines on a per-machine basis have since changed to a gross receipts basis. Mr. Bloomfield stated that this argument with the City of Anaheim is that the City Attorney has ruled that each laundry room is a branch es- tablishment, and they have the choice of paying $25.00 for each establish- ment or $1.00 per machine, whereas the same washers placed in the launder- ette store pays on a gross receipts basis. He further advised that other cities tax them on the same basis as they tax launderettes. Mr. Geisler, in reply to Councilman Clark's questioning, reported that the collection of sales tax had nothing to do with the issue as this activity was a vending of service, and not a commodity. Further, the com- parison of tax paid to a $13,500,000.00 business would be for a single lo- cation. He noted that launderettes average 25 machines, making the average license paid by a launderette equivalent to that of the Web Service Company. Mr. Geisler stated that the argument used in court against the City was the' fact that he did not have locations within the City, and the court sustained the fact that if he elected to pay on a gross receipts basis, he must pay on each location as a separate establishment. Mr. Geisler noted how a different method could be employed by the Web Service Company, where he would pay no tax to the City, such as renting the machines to the apartment house owners, who are presently paying a busi- ness license, or charging $1.00 per machine per year for the installation of the machine. Mr. Geisler advised of the necessity of uniformity in imposing a business license tax. He noted that candy, cigarette and other machines basically pay $3.00 per machine, and the laundry machines were reduced to $1.00 per machine. He further stated that because of the stand taken by the City Council, the law suit, at a considerable cost to the City,won the right for the City to impose the tax as a fair and correct tax. In his opinion, it would be foolish to expend these funds to prove this was proper licensing, and then reverse the method of licensing, and doubted how this could be legally justified. The court, by sustaining the City of An'aheim, has in essence said, "Anaheim is correct in administering a license fee." Mr. Geisler advised that the City Council could, if they wished, reduce the amount per 'machine from $1.00 to $0.50, however, this must also apply to laundromats. Mr. Bloomfield reported that the average launderette pays $0.10 per $1,000.00, on the basis of gross receipts, while their operation, a route operation, pays on the basis of $7.15 per $1,000.00, averaging $140.00 business, per machine, per year. He further noted their machines were not available to the public, such as a vending machine. Mr. Jim Townsend, 808 North Pine Street, Chairman of the Telephone Taxpayers' Committee, stated he became interested in this case after reading about it in the newspapers, and contacted Mr. Bloomfield to obtain additional information. He noted City business is conducted along legal lines, as well as common sense, and that there were cases where extenuating circumstances exist, as everything was subject to interpretation. Mr. Townsend stated that the City Council could not expect a busi- ness not to make a profit, and the net profit in this business, and the in- vestment he has in the City of Anaheim, should be taken into consideration. He felt the City of Anaheim was establishing a precedent for other cities to levy a greater tax for this type of operation; taxing the business out of operation, contrary to the concepts of the free enterprise system. I" I 68-485 City Hallw Anaheim~ California - COUNCIL MINUTES - August 13~ 1968~ 1:30 P.M. In conclusion, Mr. Townsend urged the license be changed to a gross receipts basis. Mr. C.R. Fuller, Jr., Executive Secretary of the Western Coin Laundry Operators Association, advised that eighty cities within the State of Califor- nia have changed from a per-machine tax to a gross receipts basis; that this was done because of the unfairness to tax a route operator a tax far exceed- ing what other businesses were paying. 1 Councilman Clark felt there was a possible inequity in this case, and that the operation should be placed in the same category as any other business. Councilman Clark further noted that Mr. Bloomfield was a customer of his, and thereupon asked if this situation would be grounds for disquali- fying his vote on the issue. Mr. Geisler replied that the relationship between he and Mr. Bloom- field was not a sufficient conflict to disqualify him from acting or voting on the issue, however, it did bring up the matter of special interest, and would be grounds for his voluntary removal from action, in order to save pos- sible embarrassment. Mr. Townsend asked, if based on this ruling, each member of the City Council would feel morally obligated to disqualify himself from voting on matters brought before the Council ~-,y a person who had transacted business with a Councilman. In his opinion, a Councilman was morally obligated to vote, unless it was a direct conflict of interests. Councilman Dutton noted the many times the laundry machine issue has been before the City Council, and advised that he personally did not favor changing the ordinance, as requested. n Councilman Krein concurred with the position stated by Councilman Dutton, and thereupon moved that no change be made in the ordinance. Council- man Dutton seconded the motion. Prior to the vote on the above motion, Mr. Bloomfield advised that this was not a legal matter of taxation, it was a moral matter; that the or- dinance did not require amendment, the only thing necessary was an interpre- tation that a laundry wash room in an apartment complex was not a branch es- tablishment. Mayor Pebley advised that in an apartment house he once owned, a separate room was provided for a laundry facility only, which, in his opinion, was a s~parate operation, maintained by the company providing the equipment. Councilman Schutte agreed that in the apartment houses he owned, a separate room is provided as a laundry facility only. Mr. Bloomfield further reported that Mr. Furman Roberts, the attor- ney who tried the case in court for the City of Anaheim, was presently affili- ated with the City of Orange, and since his affiliation with the City of Orange, a new category has been added to the business license ordinance, entitled "Services," in which their operation is listed, and taxed on a gross receipts basis, the same as other service businesses. l At the conclusion of the discussion that followed, Mayor Pebley repeated the foregoing motion and called for the vote. To this motion, Councilman Clark voted "No." MOTION CARRIED. ARCHITECTS - PROPOSED CITY HALL: Mr. Murdoch submitted a list of architects qualified and experienced in designing a City Administrative Center. The City Council agreed to interview those named on the list, with appointments commencing next Tuesday, August 20, 1968. Councilman Schutte left the meeting, (5:10 P.M.). r-i ! ~\ f; 68-486 City Hall. Anaheim. California - COUNCIL MINUTES - Au~ust 13. 1968. 1:30 P.M. POSSESSORY INTEREST TAX - .ANAHEIM STADIUM: On motion by Councilman Dutton, seconded by Councilman Krein, Mr. Joseph Geisler, or any other attorney of the City Attorney's staff, qualified to practice law in the State of California, was authorized in a private capacity, to appear before the Orange County Board of Supervisors, representing the California Angels and the Szabo Food Corporation, in the matter of Possessory Interest Tax, imposed by the County of Orange. MOTION CARRIED. POSSESSORY INTEREST TAX - USE OF THE CRILL PIT: Position expressed by Mr. Geisler to Mr. Clary, (operator of the Crill Pit,) that the City will cooperate with him in opposing by appearance before the Board of Supervisors by either Mr. Geisler or a member of the City Attorney's staff, in conjunction with co- operation in any law suit, for the imposition of unreasonable Possessory Interest Tax, if any, was ratified by the City Council, on motion by Council- man Dutton, seconded by Councilman Clark. MqTION CARRIED. CANCELLATION OF AGREEMENT - DATAFAX: On motion by Councilman Dutton, seconded by Councilman Clark, cancellation of agreement with Datafax, for mainten- ance of the scoreboard at the Anaheim Stadium was authorized. MOTION CARRIED. SECTION 1.12.010 - COUNCIL MEETINGS: With the change in Personnel Rules, omitting "Any day on which a statewide election is held," from the list of holidays, the City Council agreed to omit these holidays from Section 1.12.010, and agreed: Council meetings will be scheduled on the statewide election dates, rather:,than the following day, and the City Attorney was requested to-pre- pare an amendment to the Anaheim Municipal Code accordingly. ENCROACHMENT PERMIT - CRAIG JEWETT: On motion by Councilman Dutton, seconded by Councilman Clark, Encroachment Permit was granteq to Craig Jewett, for the encroachment of a building, A.C. paving and parking spaces, over a portion of a City easement, briefly described as located near the corner of Orange- thorpe Avenue, at the Atchison, Topeka and Santa Fe Railroad. MOTION CAR- RIED. VISITOR AND CONVENTION BUREAU DIRECTOR - RECRUITMENT: At the request of Council- man Dutton, Mr. Murdoch reported on the status of recruiting of a Visitor and Convention Bureau Director, advising that interviews are being conducted by the Visitor and Convention Bureau Executive Committee, and the City Per- sonttel Director, with August 26, 1968, as the scheduled date for a decision. RECLASSIFICATION NO. 65-66-100: Councilman Clark reported that he has received many complaints concerning the condition of the property located at the northeast corner of Euclid Street and Orangewood Avenue; that because the developer has not complied with conditions established or promised inob- taining C-l zoning, a great many problems have been created by nuisance, dust, etc. He further reported that the original intent was to develop a shopping center, and that the only improvement has been a service station development at the corner. Slides of the area, showing condition of the property, were shown. Councilman Dutton offered a resolution initiating zoning action to change the zone of the property fromC-l to R-A, due to the fact that the conditions have not been complied with. Mr. Richard L. Rowen, 2057 Lido Lane, presented a petition of protest containing 19 signatures, and advised that they felt the very least the neighbors were entitled to was the required block wall; that this was agreed to by the developer and the City Council. He further reported that the reclassification to the C-l zoning was on the basis of the rendering of the projected development. Mr. Geisler advised that another method that could be employed would be to file an Order to Show Cause why the City Council should not initiate proceedings to establish an R-A zone on the property. 68-487 City Hall, Anaheim, California - COUNCIL MINUTES - Au~ust 13, 1968, 1:30 P.M. At the conclusion of the discussion, and on motion by Councilman Dutton, seconded by Councilman Krein, the City Attorney was instructed to notify the property owner that unless the property is cleared and the wall constructed, the City Council will initiate proceedings to revert the pro- perty to R-A zoning. MOTION CARRIED. ADJOURNMENT: motion. Councilman Krein moved to adjourn. MOTION CARRIED. Councilman Clark seconded the ,~ ij ADJOURNED: 5: 20 P.M. SIGNED;) )e.IJ~ ~ City Clerk City Hall, Anaheim, California - COUNCIL MINUTES, August 20, 1968, 1:30 P.M. n The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley COUNCILMEN: None CITY MANAGER: Keith A. Murdoch ASSISTANT CITY MANAGER: Robert M. Davis DEPUTY CITY ATTORNEY: Alan R. Watts CITY CLERK~ Dene M. Williams CITY ENGINEER: James P. Maddox ZONING SUPERVISOR: Ronald Thompson TRAFFIC ENGINEER: Edward Granzow Mayor Pebley called the meeting to order. INVOCATION: Reverend Dean Humbert, of Trinity United Methodist Church, gave the Invocation. FLAG SALUTE: Councilman Clark led the Assembly in the Pledge of Allegiance to the Flag. MINUTES: Minutes of the Anaheim City Council meeting held August 6, 1968, were approved,on motion by Councilman Dutton, seconded by Councilman Krein. MOTION CARRIED. i--' WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Schutte moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilman, unless after read- ing of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Clark seconded the motion. MOTION UNANIMOUSLY CARRIED.