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1969/02/18
69-90 City Hall, Anaheim, California - COUNCIL MINUTES - February 18, 1969, 1:30 P.Mo The City Council of the City of Anaheim met in regular session° PRESENT~ COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley ABSENT; COUNCILMEN; None PRESENT: CITY' MANAGER: Keith Ao Murdoch CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Williams CITY ENGINEER: James F. Maddox DIRECTOR OF DEVELOPMENT gERVICES: Alan G. Orsborn ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING §UPERVI§OR: Charles Roberts PERSONNEL DIRECTOR: Roy E. Heissner INVOCATION: Reverend Underwood, of the Anaheim Foursquare 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 February 4, 1969, were approved on motion by Councilman Krein, seconded by Councilman Clark. 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 Schutte seconded the motion. MOTION UNANI- MOUSLY CARRIED° REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $254,706.89, in accordance with the 1968-69 Budget, were approved. PUBLIC HEARING - HOUSE MOVING PERMIT: Application submitted by William E. Snow, requesting permission to move a dwelling from 111 West Mac Arthur Manor, Ana- heim~ to 1154 Cherry Way, Anaheim, was reviewed by the City Council together with report of the Development Services Department, recommending said appli- cation be approved, subject to payment of the applicable Park and Recreation Fee. The Mayor asked if the applicant was present and concurred with the recommendation of the Development Services Department, to which he received an affirmative reply. He then asked if anyone wished to address the City Council; receiving no response, declared the hearing closed. RESOLUTION NOo 69R-89: Councilman Dutton offered Resolution No. 69R-89 for adoption, granting House Moving Permit, subject to the recommendations of the Development Services Department. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING A HOUSE MOVING PERMIT TO WILLIAM E. SNOW, TO MOVE A DWELLING FROM !1! WEST MAC ARTHUR MANOR~ ANAHEIM, CALIFORNIA, TO 1154 CHERRY WAY, ANAHEIM, CALIFORNIA. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-89 duly passed and adopted. ENTERTAINMENT PERMIT: Application filed by Mrs. Donna M. Staggs, for entertain- ment permit to allow a guitar player-vocalist and/or a banjo player, at the Warehouse, 206 North Anaheim Boulevard, was submitted and granted for a per- iod of one year~ subject to provisions of Chapter 4.18 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Dutton, seconded by Councilman Krein. MOTION CARRIED. 69-91 City Hall, Anaheim, California - COUNCIL MINUTES - FebruaTy 18~ 1969~ 1~30 P.M. CONDITIONAL USE PERMIT NO. 901: Request of Jessie L. Goodman was submitted for an extension of time on the improvement bond for installation of sidewalks and driveways along Webster Avenue; R-A zoned property located on the east side of Webster Avenue, south of Orange Avenue, (716% South Webster Avenue). On motion by Councilman Schutte, seconded by Councilman Dutton, a 2-year extension of time was granted, as recommended by the City Engineer. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 991: Correspondence from Mr. RoA. Baker was submitted, requesting an extension of time, and reconsideration of Council decision on February 20, 1968, requiring that material stored on the subject property be disposed of within one year. Subject property is zoned R-A and is lo- cated on the north side of Miraloma Avenue, east of Kraemer Boulevard° Reports of the City Engineer and the Development Services Depart- ment were also submitted. Mayor Pebley asked if the Applicant wished to address the City Council. Mr. Raymond Baker, 3233 Miraloma Avenue, reported that he had been unable to comply with the requirements of the City Council, to move his op- erations from subject property by February 20, 1969, because he has been un- successful in locating another site suitable for the operation, and further due to the fact he has been incapacitated by a broken hip which will prevent him from working until May of this year, and thereupon requested the City Council to grant a further extension of time° Mr. Baker stated, in his opinion, the major objection has been the storage on the property of excess equipment used in his former business which he has not been able to sell. He further advised that the farmer who leases the adjacent property has no objections to the operation and that trees have been and are being planted to screen the activity° In answer to Council questions, Mr. Baker stated he still has ap- proximately two-thirds of the material on the property which was there one year ago, and has sold only two trucks; that some of the remaining trucks are not actually being used in the operation; that a one-year extension of time would be necessary to complete the removal of this operation; that he would get help, if necessary, in order to be off the property at the end of that time. Mr. Bill A. Wheeler, Assistant Public Relations Director of Auto- netics, addressed the City CoUncil, stating that the position of his company had not changed in this matter, as it was still felt that the stockpiling operation is a detriment to the area and its future development. Mr. RoH. Lincoln, Director of Facilities for Autonetics, stated that the location of subject property across the street from the high- precision manufacturing facility compounded problems of maintaining a dust- free atmosphere in that location; that anything that is done to reduce dust in the area would benefit the facility° In answer to Council questions, Mr° Lincoln replied that Autonetics would agree to a three to four-month extension of time as the operation is less troublesome during the rainy season° Councilman Dutton observed that Mr. Baker was not incapacitated until two-thirds of the year had elapsed, and up to that time only approxi- mately one-third of the material had been removed; therefore, it appears that perhaps there has been some lack of effort in effecting this removal° He suggested a ninety-day extension of time be granted. Mr. Baker stated he believed his neighbor who farms and the vacant field on which cars park, adjacent to the Autonetics property, are more of a contributing factor to the problem of dust than his operation, and felt it unfair to ask him to discontinue his operation to eliminate a dust prob- lem. He further felt that a three-month extension of time would not be adequate for the removal of material, as this is not the best time of year for the sale of such material. 69-92 City Hall: Anaheim: California - COUNCIL MINUTES - February 18, 1969, 1:30 P.M. Mayor Pebley noted that there is no zone in the City of Anaheim specifically permitting such activity~ and suggested that Mr, Baker follow the lead of the dairies in this area in moving to other locations where such operations are permitted. He proposed granting an extension of time to Aug- ust 1, 1969o Slides of the subject property were shown, taken at intervals of one month during the past year. At the conclusion of Council discussion, Councilman $chutte moved that the subject request be continued to the meeting of February 25, 1969, to allow inspection of the premises by the City Council. Councilman Clark seconded the motion. MOTION CARRIED. .REQUEST FOR CROSSING GUARD - DALE AVENUE AND STONYBROOK DRIVE: Letter from Mrs. ,q,:~'',~ J. Sneyd, President of the Lord Baden Powell P.T.A., was submitted, to- gether with petition bearing 86 signatures, requesting that a crossing guard be provided at the intersection of Dale Avenue and Stonybrook Drive. Also submitted were reports of the City Engineer and Police Depart- ment, from which recommendations were read by the City Clerk, that sufficient warrants for a crossing guard were not met in this location° Mayor Pebley asked if Mrs. Sneyd was present and wished to address the City Council° Mrs° Sneyd took exception to the finding in the Police Department report that traffic was light during the hours that children cross, stating that she sometimes had to wait five minutes to move out onto Dale Avenue when driving her car, and the children crossing on foot find it even more difficult to cross° Councilman Dutton stated that parents also have a responsibility for the safety of their children and noted that no parent was observed assisting the children the afternoon the check was made, as they returned from school. Mrs° Sneyd replied that it is more logical to provide assistance in the form cf a crossing guard, rather than have parents assist the children to cross the street, as sometimes mothers are involved with other children and cannot leave at the appointed time° She expressed appreciation for the new signs which were installed in the area, but stated that they had no effect on slowing the traffic flow. Councilman Clark pointed out the expense involved in the crossing guard program, and noted the necessity of each location meeting the required warrants before a crossing guard is assigned and observed that if such criteria were not adhered to, a guard could be requested for every crosswalk in the City. In answer to Mrs. Sneyd's questions, the City Engineer explained the factors considered in determining whether warrants are met for a crossing guard in any given location, noting that there is no exact formula to follow since every location is different in some respect, and all conditions are taken into consideration. Councilman Clark stated that he would be willing to continue consid- eration of the request to obtain additional information if there is any doubt on the part of the P.T.A. that the analysis of the situation is accurate; and that he would recommend a radar unit be employed to obtain information regard- ing speed and frequency of traffic in that location° Mr. Louis Balmes, Principal of the Lord Baden Powell School, noted that the number of students attending school from the area east of Dale Avenue would increase during the coming year, as no sixth graders are attending from that area at the present time. He read a statistical breakdown of the ages of the children who use the crosswalk, noting the preponderance of younger children attending kindergarten through third grade° He pointed out that the traffic count was taken by the Police Department between 2:45 and 3;45 P.M., whereas dismissal time for the primary grades is 2:20 P.M.; therefore, the smaller children had, in all probability, not been observed crossing the street. 69-93 City Hall, Anaheim, California - COUNCIL MINUTES - February 18~ 1969, 1~30 P.Mo He also noted the fact that there are many working mothers who are unable to assist their children in crossing the street. He pointed out that two new orthopaedic classrooms would be added to the school within the next year, which would increase the traffic of school buses to and from the school; and that an addition to Dale Junior High School, which is located directly south of subject intersection, is planned, adding two new Special Education Units, further increasing traffic. Mrs. Betty Ann Naso, 2766 West Stonybrook Drive, stated she is the mother of three school-age children who are dismissed at 2:15 PoMo, and she meets them daily to assist them across the street at 2:25 PoM. She ported that a two to three-minute wait is not unusual before attempting to cross the street, as traffic does not stop, even when she has stepped from the curb into the crcsswalk~ She felt that the signs posted did nothing to help the situation, since they are posted at the crosswalk~ which does not allow sufficient time for traffic to stop. Councilman Schutte left the Council Chambers, 2:45 P.M. The City Manager pointed out that the average cost for a crossing guard is $1,600.00 per year; that at the present time we are two crossing guards over the allocated number in the Budget, and that any deviation from present policy which requires that warrants be met should be given careful consideration, as 50 additional crossing guards would require an estimated increase of two cents on the tax rate. Councilman Dutton indicated he would favor a continuation of the request, to allow an additional study of the traffic conditions at the time suggested, to see if warrants are met. Councilman Schutte returned to the Council Chambers, 2:58 P.M. By general consent of the City Council, subject request was con- tinued to the meeting of February 25, 1969, for further reports based on radar monitoring of the location. REQUEST FOR RESTRICTED PARKING - TEDMAR AVENUE AND LOARA STREET: Petition request- ing restricted parking on portions of Loara Street, Tedmar Avenue and Adria Place was submitted, together with reports and recommendations of the City Engineer and Police Department. Mayor Pebley asked if anyone present wished to address the City Council in support of the subject request. Mrs. Arnold Achilles, 427 South Loara Street, stated that the night and weekend parking problem was a prime source of concern for residents of subject area, as there is no available parking during these times for guests. She felt that real estate values were being forced downward as a result of the concentrated on-street parking by the apartment dwellers, and felt that parking restrictions would solve the problem by compelling the apartment dwellers to use the off-street parking facilities provided for them. She noted that 32 persons signed the subject petition, representing every single- family home in the area for which restricted parking is requested. During the ensuing Council discussion the City Engineer advised that a 2-hour parking limitation could be imposed, but an enforcement prob- lem would exist. The City Attorney noted that there is no area in the City where overnight parking is prohibited; that an ordinance must be general in nature, and apply to all areas that are similar; that parking can be limited to one or two-hour periods, but that enforcement is very costly and the time limitation would, of course, apply to everyone in the area so designated. He further advised that the most effective method would be the installation of parking meters. 69-9a City Hall~_Anaheim~_CaliEornia - COUNCIL MINUTES - February 18~ 1969, 1:30 PoM. Mrs. Achilles suggested that no parking be allowed between the hours cf 2:00 AoM. and 6:00 AoM., in order to eliminate the overnight park- ins problem, to which the City Attorney replied that the means by which the problem is solved must be consonant with the problem itself, in order to be judicially sound; and that the intended purpose under discussion is to pro- vide a turnover of the available parking spaces and not to clear the streets of parking during certain hours, nor facilitate the movement of traffico Following additional Council discussion it was determined by general consent that the request be continued to the meeting of February 25, 1969, for further investigation and analysis by the City Attorney. REPORT - TRAFFIC COUNT AND CROSSING GUARD WARRANTS, LOARA AND NORTH STREETS~ Re- ports of the City Engineer were submitted, as requested by the City Council, indicating traffic counts on North and Loara Streets, and determining that warrants are not met for a crossing guard at that intersection° The City Manager pointed out that the signal system is to be modi- fied to ~nclude North Street during the 1969-70 fiscal year, and noted that the signal ~bculd be placed ~n operation prior to the next ~chool. year. Councilman Clark requested that an additional traffic count be taken, following completion of the YoM. C.A. and apartment development in the area° Reports were ordered received and filed by general consent° REPORT - TRAFiFIC REGULATION, LINCOLN AVENUE AND MULLER STREET: Report of the City Engineer was presented, regarding traffic regulation with reference to left and U-turns at the intersection of Lincoln Avenue and Muller Street, as re- quested by the City Council° By general consent, said report was ordered received and filed. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held January 27, 1969, pertaining to the following applications were submitted for City Council information and consideration. CONDITIONAL USE PERMIT NOo 1088: Submitted by Anaheim Y.M.C.A., requesting permission to establish a private educational institution in an existing building~ with waiver of on-site parking requirements; P-1 zoned property, located at 121 South Citron Street. The City Planning Commission, pursuant to Resolution No. PC69-11, granted said conditional use permit, subject to conditions. VARIANCE NOo 2046: Submitted by Forest Lawn Cemetery Association, requesting waivers of minimum distance between a roof and free-standing sign, maximum height of free-standing sign, and location of a free-standing sign on Parcel 1; waiver of minimum distance between a roof and free-standing sign, to es- tablish two free-standing signs on Parcel 2° Parcel I located at the south- west corner of Lincoln Avenue and Peregrine Street, zoned C-I, P-1 and Parcel. 2 located south and east of the southeast corner of Lincoln Avenue and State College Boulevard in the C-1 zone. The City Planning Commission, pursuant to Resolution No~ PC69-12, granted said variance in part, subject to conditions,(requested waiver of maximum height of a free-standing sign on Parcel Noo 1 denied). The foregoing actions were reviewed by the City Council and no fur- ther action taken. VARIANCE NO. 2044! The City Clerk noted that Variance No. 2044,which was granted by the City Planning Commission, in part, has been appealed, that request was received to proceed separately as each final tract map is re- corded, (Reclassification No. 68-69-13). 69-95 City Hall, Anaheim, California - COUNCIL MINUTES - February 18, 1969, loo30 PoMo It was noted that said request would be considered at such time as public hearing was held on Variance No. 2044. CONDITIONAL USE PERMIT NO. 1065; Zoning Supervisor Charles Roberts reported that a request was received from Pacific Community Center, Inco, to proceed with development of their proposed International Trade Center in four separate phases° He noted that under Resolution Noo 68R-745, granting Conditional Use Permit No. 1065, all conditions must be met before development can begin, and that representatives of the developer have met with the Planning Staff and have prepared a revised list of conditions, also to be completed in four phases, prior to each phase of development, as follows: PHASE i %2c~ated generally at the southwest corner of Pacifico and State College Boulevard) 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 45 feet in width from the centerline of the street along Pacifico Avenue, including corner returns, from the centerline of State Col- lege Boulevard to a point approximately 665 feet west thereof. 2o (a) That all engineering requirements of the City of Anaheim along State College Boulevard and Pacifico Avenue, including preparation of improvement plans and installation of all improvements, such as curbs and gutters~ side- walks, street grading and paving, drainage facilities or other appurtenant work, shall be complied with as required by the City Engineer and in accord- ance with standard plans and specifications on file in the office of the City Engineer; and (b) That a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of said engineering requirements. 3. That the owner(s) of subject property shall pay to ~he City of Anaheim the sum of $2.00 per front foot along State College Boulevard and the easterly portion of Pacifico Avenue, for street lighting purposes. ~. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along State College Boulevard and the easterly portion of Pacifico Avenue, for tree planting purposes° .5o That trash storage areas shall be provided in accordance with approved plans on file in the office of the Director of Public Works and Superintendent of Streets° 6. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department° 7o That all air conditioning facilities shall be properly shielded from view° 8. That the owner(s) of subject property shall provide the City of Anaheim with an irrevocable offer of dedication for the extension of Pacifico Avenue through subject property from a point approximately 665 feet west of the cen- terline of State College Boulevard to a point approximately 660°34 feet east of the centerline of Lewis Street; said offer to include both the north and south halves of Pacifico, each half being 45 feet in width as measured from centerline. Owners shall also provide the City of Anaheim with an agreement to comply with all engineering requirements, including preparation of improve- ment plans and installation of all improvements, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurten- and work as required by the City Engineer and in accordance with standard plans and specificatio~ on f!]~in the office of the City Engineer, at such time as required by the City Engineer. 9o That subject property be developed in accordance with the site development standards of the C-R, Commercial-Recreation, Zone° ]0. That Condition Nos. 1, 2(b), 3, 4, 8 and 9, above mentioned, be complied with prior to issuance of a building permit~ 11. That Condition Nos. 5, 6 and 7 be complied with prior to final building and zoning inspections. PHASE II (Located generally at the southeast corner of Anaheim Boulevard and Pacifico Avenue) 1o That the owner~.~) of subject property shall deed to the City of Anaheim a strip of land 45 feet in width from the centerline of the street along Pacifico Avenue, including corner returns from a point approximately 660.34 feet east of Lewis Street to the westerly property line, for street widening purpos es. 69-.96 Cit~ Hall_, Anaheim, California - COUNCIL MINUTES - February 18, 1969~ 1;30 PoM0 2o That the owner(s) of subject property shall deed to the City of Anaheir. a strip of land 64 feet in width for the extension of Lewis Street from Paci- rico Avenue to Anaheim Boulevard on an alignment satisfactory to the City Engineer, mr that the owner(s) shall provide the City of Anaheim with an ir- revocable offer of dedication for the extension of Lewis Street. 3. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land along Anaheim Boulevard 50 feet in width from the northwest corner ~.~f Phase II southerly to the Southern Paci£ic Railroad right-of-way to Orangewood Avenue° 4~ (a) That all engineering requirements of the City of Anaheim along Pacifico Avenue and Anaheim Boulevard, including preparation of improvement p~ns and installation of all improvements, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other appurtenant work, shall be complied with as required by the City En$ineer and in accordance with standard plans and specifications on file in the office of the City Engineer; and (b) That a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of said engineering re- quirements~ 50 (a) That a bond in an amount and form satisfactory to the City o£ Anaheim shall be posted with the City to guarantee the installation of all engineering requirements, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work, along Lewis Street, said en- gineering requirements or improvements to be installed as required £or traffic and upon demand of the City Engineer; or (b) If an irrevocable offer of dedi- cation is provided to the City of Anaheim, an agreement shall be entered into with the City of Anaheim guaranteeing the installation of these improvements along Lewis Street° 6. That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2400 per front foot along Anaheim Boulevard, Pacifico Avenue, and Lewis Street (proposed - both sides), for street lighting purposes. 7. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 15G per front foot along Anaheim Boulevard, Pacifico Avenue, and Lewis Street (proposed - both sides), for tree planting purposes° 8o That trash storage areas shall be provided in accordance with approved plans on file in the office of the Director of Public Works and Superintendent of Streets° 9o That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department. 1.0~ That all air conditioning facilities shall be properly shielded from view° 11o That subject property shall be developed in accordance with the site de- velopment standards of the C-R, Commercial-Recreation, Zone. 12~ That Condition Nos. 1, 2, 3, 4(b), 5, 6, 7 and 11, above mentioned, shall be complied with prior to the issuance of a building permit. 1.3o That Copdition Nos. 8, 9 and 10, above mentioned, shall be complied with prior to final building and zoning inspections. PHASE Ill (South side of Kmtella Avenue, west of State College Boulevard) l. That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Katella Avenue, for street lighting purposes. 2o That the owner(s) of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Katella Avenue, for tree planting purposes. ~o (a) That sidewalks shall be installed along Katella Avenue, as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; and (b) That a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of said sidewalks. 4. That subject property shall be developed in accordance with the site de- velopment standards of the C-R, Commercial-Recreation, Zone. 5o That trash storage areas shall be provided in accordance with approved plans on file in the office of the Director of Public Works and the Superin- tendent of Streets. 6o That fire hydrants shall be installed as required and determined to be necessary by the CBief of the Fire Department. 7~ That all air conditioning facilities shall be properly shielded from view° 69-97 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 18~ 1969~ lo~30 PoMo 8o That Condition Nos. 1, 2, 3(b) and 4, above mentioned, shall be com- plied with prior to the issuance of a building permit° 9. That Condition Nos..5, 6, and 7, above mentioned, shall be complied with prior to final building and zoning inspections° PHASE IV (Located generally at the northeast corner of Anaheim Boulevard and Orangewood Avenue) l~ (a) That all engineering requirements of the City of Anaheim along Orangewood Avenue, including preparation of the improvement plans and stallation of all improvements, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work, shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the o~fice of the City Engineer~ (b) That l(a), above mentioned, shall be temporarily waived pending estab- lishment of the alignment and grade of the Orangewood Avenue overcrossing by the State Division of Highways or until demanded by the City Engineer; and (c) That the owner(s) of subject property and the City of Anaheim shall enter into an agreement whereby the owner(s) agree to install the improvements required in l(a) above. 2o That the owner(s) of subject property shall deed to the City of Anaheim adequate right-of-way Eot the Orangewood Avenue overcrossing, and said right- of-way shall be deeded to the City upon demand of the City Engineer° 3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Orangewood Avenue, for street light-. ing purposes° 4o That the owner(s) of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Orangewood Avenue, for tree planting purposes. 5. That trash storage areas shall be provided in accordance with approved plans on file in the office of the Director of Public Works and Superinten- dent of Streets. 6. That fire hydrants shll be installed as required and determined to be necessary by the Chief of the Fire Department. 7. That all air conditioning facilities shall be properly shielded from view. 8o That subject property shall be developed in accordance with the site development standards of the C-R, Commercial-Recreation, Zone° 9. That Condition Nos. l(c), 2, 3, 4, and 8, above mentioned, shall be complied with prior to the issuance of a building permit° 10o That Condition Nos~ 5, 6, and 7, above mentioned, shall be complied with prior to final building and zoning inspection. Mr. Roberts stated that all parties are in agreement with the re- vised conditions, with the exception of Condition No. 8, Phase I, to which Mr. Kambak expressed concern. Mr. Maynard Kambak, 1400 North Harbor Boulevard, addressed the City Council and noted that the four phases of development will not neces- sarily proceed in numerical order. With reference to Condition No~ 8, un- der Phase I, he requested that dedication of the right-of-way for Pacifico Avenue be the subject of a joint study between the City Staff and represen- tatives of Pacific Community Center, Inca, and the Architect, to determine whether the extension of Pacifico Avenue will be in the best interest to the CiEy and not detrimental to the project. Assistant Development Services Director Ronald Thompson concurred with Mr. Kambak's request and recommended inclusion of such a finding in the proposed amendment to Resolution Noo 68R-745o RESOLUTION NO. 69R-90: Councilman Krein offered Resolution NOo 69R-90 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 68R-745 GRANTING CONDITIONAL USE PERMIT NO. 1065. Roll Gall Vote: 69'-'98 City Hall~ Anaheim,. California - COUNCIL MINUTES - February 18, 1969, 1'30 PoM. AYES; COUNCILMEN; Dutton, Krein, Schutte, Clark and Pebley NOES~ COUNCILMEN~ None ABSENT; COUNCILMEN: None The Mayor declared Resolution NOo 69R-90 duly passed and adopted. RECLA$$IFIGATION NOo 63-64-5: The City Clerk reported that a verbal request was received to proceed with zoning of Tract Noo 5231, being the easterly portion of property included in Reclassification NOo 63-64-5, located on the north side of Miraloma Way, east of the Riverside Freeway° It was the finding of the City Council, by general consent, that Reclassification of Tract No. 5231 proceed separately, being in substantial compliance with requirements established under Reclassification No. 63-64-5o ORDINANCE NOo 2640; Councilman Krein offered Ordinance No. 2640 for first reading° AN ORDINANCE OF THE CITY OF ANA}{EIMAMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (63-64-5 (1) - R-3 - Tract No° 5231)o TENTATIVE MAP - TRACT NO. 6825: The City Clerk noted that action on Tentative Map, Tract No. 6825 was deferred to this date from the meeting of January 21, 1969; and reported that said tentative map will be considered by the City Planning Commission at their next meeting, February 26, 1969, and will be scheduled for Council consideration upon receipt of reports and recommendations. AWARD OF WORK ORDER NO. 338: The City Manager reported that the low bidder on Work Order Noo 338, Fairfax Electronics, Inc., omitted nine items from his proposal, however, the City Engineer recommended acceptance of said bid and advised that these nine items could be supplied at a later date. RESOLL~ION NOo 69R-91: In accordm...~e with recommendations of the City Manager and City Engineer, Councilman Dutton offered Resolution No. 69R-91 for adoption. Refer to Resolution Book. A RESOLb~IO~i 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 SOUND SYSTEM COMPONENTS FOR THE ANAHEIM CONVENTION CENTER, 800 WEST KA.TELLA AVENUE, ANAHEIM, WORK ORDER NO. 338. (Fairfax Electronics, Inc., $2~.,700.84). Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-91 duly passed and adopted° R~ESOLUTION NOo 69R-92 - WORK ORDER NO. 1215; Councilman Krein offered Resolution No. 69R-92 :for adoption. Refer to Resolution Book. A RESOLLrrION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMIN- ING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COM- PLETI~)N OF A PUBLIC IMPROVEMENT, TO WIT: THE CRESCENT DRIVE SEWER IMPROVE- MENT FROM APPROXIMATELY 321 FEET WEST OF ROYAL OAF ROAD TO APPROXIMATELY '1,836 FEET WEST THEREOF, IN THE CITY OF ANAHEIM, WOR¥ ORDER NO. 1215. AP- PROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SI~ECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVE- MENT 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, March 13, 1969, 2:00 P.M.). 69,~99 City Hall, Anaheim, California - COUNCIL MINUTES - February 18~ 1969~ 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-92 duly passed and adopted. RESOLUTION NO. 69R-93 - WORK ORDER NO. 148; Upon receipt of certification from the Director of Public Works, Councilman Dutton offered Resolution No. 69R- 93 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~ CONSTRUCTION OF A PARK CONTROL BUILDING (RESTROOM-STORAGE BUILDING) AT STODDARD PARK, 1861 SOUTH NINTH STREET, IN THE CITY OF ANAHEIM, JOB NO. 148. (Am-Pell Construction, Inc.). Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-93 duly passed and adopted. PROPOSED LEASE OF CITY-OWNED PROPERTY - ROYAL INNS, INC.: The City Manager re- ported that a proposal has been received from Royal Inns, Inc., for the lease of City-owned property located on the west side of Harbor Boulevard, north of Convention Way, which is now utilized for overflow Convention Center park- ing. He noted that a previous option to lease this property has expired, and no other acceptable proposal has been received. If the Royal Inns proposal is accepted by the City Council, he indicated it would be advisable to ac- quire additional, less expensive land for overflow parking purposes from the proceeds of the proposed lease. He noted that the precise alignment of the proposed lease was not yet determined but it will not include approximately one acre of land, for possible future expansion of the Jolly Roger Inn. Director of Development Services, Alan Orsborn, described the pro- posed development as depicted in the architectural renderings displayed on the west Council Chamber wall. He noted that the first phase of development would be the construction of a 500-room tower, with the development of a sec- ond 500-room tower to occur when the initial development reaches $4,500°00 ?~r r,~ ptr ,,'car in rental returns. He outline? projections based on the initial phase of development only~ which indicated that under the proposed terms of the lease agreement, the City would receive approximately $186,700.00 per year, based on 65% oc- cupancyo The income would be derived on the basis of the following percen- tages: 5.5% of total room rental; 3% of gross food sales; 5% of gross bev- erage sales; 10% of net rentals received from shops; and 4% of rentals re- ceived from conference room space. Mr. Orsborn noted that on the basis of 75% occupancy, the City would receive $218,472.00, and at 85% occupancy, which is a figure more representative of Royal Inns' occupancy rate experience in other locations~ income to the City would be $244,000.00 Mayor Pebley asked if occupancy rates are available for 1968 at the Disneyland Hotel, Grand Hotel, Charter House, and Holiday Inn, as those fig- ures would be the best indication upon which to base projected occupancy rates; and Mr. Orsborn felt these figures could be easily obtained. He re- ported that the Jolly Roger Inn, which is immediately adjacent to the subject b9~lO0 ~ty Hall~ Anaheim~ California - COUNCIL MINUTES - February 18~_~_91969, lz30 P.M. property, has had an occupancy rate between 85% and 90%, and estimated that the experience of Disneyland Hotel has been approximately the same° He noted that the projected income based on 65% occupancy would be a conservative estimate, and pointed out that the bed tax at 65% occupancy would provide additional revenue of approximately $92,000.00° If the City were to acquire additional property for overflow park- ing purp?ses~ as recommended by the City Manager~ Mr~ Orsborn noted that the amortization ever a ten-year period would be approximately $106,000o00 which, when deducted from the income from the proposed lease agreement, would leave $803000°00 per year in spendable income; that if amortized over a twenty-year period at $63~000.00 per year, $1207000°00 would remain as net spendable in- come to the ¢ity~ He pointed out that this revenue could be available for am©rtization of convention facilities° Mr~ Earl Gagosian, President of Royal Inns of America, 4855 North Harbor Drive, San Diego, addressed the City Council° In presenting a brief resume of the company, he noted that Royal Inns of America is a publicly-held companv with over 4,000 shareholders; that although the company is only four years old~ the officers have had a great deal of experience in this field, and Royal Inns is expected to be the next major hotel chain in the nation° He reported that the company budgeted $259,000.00 for advertising in 1969, which represents 3% of the gross sales of each hotel in the chain; and that next year~s advertising budget is expected to be in excess of $500,000°00° He noted that there are presently 18 Royal Inns in operation, four of which are high-rise hotels, and three of the major high-rise hotels are located on publicly-owned property, (one on property owned by the City of Santa Monica~ and two on property owned by the Port Authority of San Diego)° He stated that six Royal Inns are under construction, three of which are high- rise~ with ten more to begin by March 1st. By the end of 1969, he stated that 36 Royal Inns would be in operation with 22 Jolly King restaurants and 14 Lost Knight coctail lounges, which are wholly-owned subsidiaries. He described the first phase of the proposed development, which is to be a 13-story, 500-room tower, a Jolly King restaurant, a gourmet res- taurant, and two cocktail lounges, a 1,000-seat conference room, and eight tourist~oriented shops. The hotel wf?.l feature sauna baths for men and women, a therapy pool, a .50 fto by 90 ft. swimming pool, an exterior glass elevator, and a spacious lobby. He noted that the first phase will include 50 royal suites,governor, bridal and presidential suites, all to be equipped with built-in bars and refrigerators. All units would be beautifully furnished and include a color television set. Mr. Gagosian noted that the proposed lease agreement would provide for a minimum payment to the City of $80,000.00 per year; that according to the proposed terms~ $1,000o00 per month would be paid from the commencement date of the lease up to the first twelve months. On the thirteenth month, cr if comp]etion is sooner, rent would increase to $80,000°00 per year° He noted that the entire chain of Royal Inns produced an average gross income c.f over $]5~00 per room, and predicted that the proposed development would g~OSS approximately $20°00 per room. Re felt that the facility would ul- timately be increased to 1,500 rooms within five years, noting that the second 500-room tower would be constructed when gross sales reach $4,500°00 per room. W~th reference to the relocation of overflow parking space if the proposed lease is approved, Mr. Gagosian stated that the entire leased pro- perty would 'be paved and landscaped after development of the first 500-room tower~ that ~nly approximately 500 of the 1,100 parking spaces would be used by the hotel~ therefore, the balance of the available parking area could be used by the Convention Center until the second phase of development begins. He predicted that the second phase would begin approximately one year after the opening of the first phase. He estimated the value of the first phase of development would be $7,600,000.00, of which a minimum of $1,700,000o00 would be expended in cash by Royal Inns; that the second phase will raise the valuation to approximately 69-101 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 18, 1969, 1~30 P.M. $12,700,000.00, with a minimum total cash outlay by Royal Inns of approxi- mately $3,500,000.00° He stated that he was confident that financing would be available, as three or four lenders are awaiting the results of today's meeti~.g. Councilman Krein felt that negotiations for acquiring the addi~ tional property necessary for overflow convention parking should be in writ- ing and accepted before an agreement is made to lease the subject property, and the City Manager agreed to obtain a written commitment as soon as poss- ibleo Mr. Murdoch noted the absence of any guarantee that the second phase of development would commence within a given time limit after gross revenues reach $4,500.00 per room. Mr. Gagoa~.an stated that he would be happy to agree to an increase in the minimum payment to the City from $80,000.00 to $120,000o00 at that time, and also offered to accept the lease agreement contingent upon the acquisition by the City of additional property for parking space. Councilman Dutton pointed out that payments to the City would be in excess of $120,000.00 in. any case when the $4,500.00 figure is reached, according to the percentages of the proposed terms; and suggested that some guara'.~.~e be written into the agreement to ensure the development of the second phase~ Mr. Gago~ an stated that the second phase would be built when in- dicated, contingent only upon the a':'ailability of necessary financing. He expressed willingness to include a provision, as written by the City Attor- ney, in the lease agreer.znt for development of the second phase within a reasonable length of tithe. Mr. Orsborn suggested that the agreement provide that if develop- ment of the second phase did not go forward as stipulated, that 1/2 or 2/3 of the acreage leased reve~to the City, at no decrease in rental income to the City. Wit~ this provision, the City w~i~d 'b i~_ position to lease again whatever acreage is forreited by the Royal Inns, Inc. The City Manager recommended that if the City Council is reason- ably well satisfied with the proposal, that the City Attorney be authorized to meet with the attorneys of the Royal Inns of America to prepare necessary documents for further Council consideration. At the suggestion of Councilman Clark, the Council concurred that the proposed agreement stipulate that development of the second phase take place when the rental rate reached $4,000.00 per room. Mr. Gagosian stated he would agree to that provision, noting that the Royal Inn in Santa Monica averaged $3,500.00 per room the first year, and plans for expansion are already being executed. The City Manager indicated that a firm commitment on the purchase of additional land for the overflow Convention Center parking could be ob- tained within the next week if the Council wishes to schedule the matter for further consideration, noting that the principals o~ Royal Inns will be leaving the country shortly thereafter° The City Council indicated general agreement with the proposal without commitment to approve and on motion by Councilman Krein, seconded by Councilman Schutte, the City Attorney was authorized to meet with the Attorneys of Royal Inns of America to prepare necessary documents for fur~ ther consideration° MOTION CARRIED. CLAIM AGAINST THE CITY: Claim submitted 'by Mrs. C.R. Young, 736 North Harbor Boulevard, Anaheim, for personal property damages purportedly sustained on or about November 7, 1968, was denied as recommended by the City Attorney and ordered referred 'to the Insurance Carrier, on motion by Councilman Dut- to~, seconded by Councilman Clark. MOTION CARRIED. 69-102 .Cit~___tta_l_l_ ,~_~._..p.~ja_ej._m_~ Cal:ifornia - COUNCIL MINUTES - February 18, 1969, 1 .~ 30 P.Mo RESOLLrllON NC;o 09R.-9~: Council. man Krein offered Resolution No. 69R-94 for adoption. Refer to Resolution Book.. A RE$©LUTif;N ~)F THE CITY COLq~CIL OF THE CITY OF ANAttEIM AUTt~ORIZING T~tE SUB- MISSIC)N OF A REQ~JEST TO THE PUBLIC UTILITIES COMMISSION FOR FUNDS FROM THE CROSSING PROTECTION FIND FOR PROTECTION OF CROSSING NOo 2-168o0 AT THE INTER- SECTION OF THE ATCHISON~ TOPEKA AND SAI~ZA FE RAILROAD AND SANTA ANA STREET, IN Tt~E CITY ~)~ ANA.HEIM. R,~] i Call Vote: A.¥ES~. C©!TNCILMEN: Dutton~ Krein, Schutte, Clark and Pebley N.?E:$: COUNCII, MEN: None A.B§ENT: COITN'C!LMEN: None The Mayor declared Resolution No. 69R-94 duly passed and adopted. ORANGE COUNTY ItJ. RBOR DISTRICT - PROPOSED DISSOLUTION: The City M~nager reported that the Orange County Division, League of California Cities, has requested that the City of Anaheim. indicate its position regarding the proposed disso- lution of the Orange County Harbor District pursuant to the District Reorgani- zation Act, as outlined by the Harbor District Dissolution Committee. He briefed information, presented at the special meeting of the Execu~. ~:~: ~i ~nmittee of the Orange County League of Cities meeting held February 13, 1969, and recommended that the following questions be resolved before an offi- cial stand is adopted by the City Countil: (1) What disposition of district- held lands such as tidelands will be made in the event of dissolution of the Harbor District and establishment of a joint department in the County; (2) What will be the cost of police and other services for the beaches, and how will. they be borne; (3) Would other recreational facilities be included as well as beaches and parks, although not specifically named; and (4) What con- trol of dist['ict properties~ if transferred tc the cities in which they lie, will be exercised wit~ regard to fees and charges for use by others? He noted that much of the construction currently under way and being contracted for is included in federal projects° At the c~nclusion of the discussion that followed, Councilman Krein moved that the Orange County Division of the League of California Cities be notified that the City of Anaheim is not necessarily in opposition to the pro- posed dissolution of the Harbor District; however, opposes dissolution at this time unless and until, the foregoing questions are answered satisfactorily. MOTION CARRIED ~ CORRESPONDENCE: ~he roi. lowing correspondence was ordered received and filed, on motion by Co~]ncilman Dutton, seconded by Councilman Schutte: a. City of Sta~[ ~n Resolution No. 795 - requesting initiation of new leg[siatJop to revise ~:~r amend existing inequities in the laws of the State of Cai. ~ornia pertaining to assessing and taxing of real property° b. California Legislature Assembly Committee on Transportation and Cc~e[ce -n~tic. e of hearing regarding air pollution control. c. Minutes -Meeting of Anaheim Parks and Recreation Commission - January' 9~ ]969° d. Financial and Operating Reports for the month of January, 1.969. CARRIED. ORDINANCE NO~ 26:.~5: Councilman Dutton offered Ordinance No. 2635 for adoption. Refer t:~:~ Ordinance Book° AN ORDINANCE OF THE Ci/Y OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM M[rNICIPAL CODE REIATiNG Ti) ZONINC. (61-62-69 (32) - M-l). Roil Call Vote: 69-103 ~it~ Hall~ Anaheim~ California - COUNCIL MINUTES - February 18~ 1969~ 1:30 P.M. AYES: COUNCILMEN; Dutton~ Krein~ Schutte, Clark and Febley NOES: COUNCILMEN: None ABSENT; COUNCILMEN: None The Mayor declared Ordinance No. 2635 duly passed and adopted. ORDINANCE NOo 2636: Councilman Clark offered Ordinance Noo 2636 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-55 - R-1 - Tract No. 6377). Roll Call 'Vote: ~YES: COUNCILMEN: Dutton, Krein, $chutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 2636 duly passed and adopted. ORDINANCE NO. 2637: Councilman $chutte offered Ordinance No. 2637 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM ML~ICiPAL CODE RELATING TO ZONING. (67-68-11 - C-i). Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 2637 duly passed and adopted. ORDINANCE NO0 2638: Councilman Dutton offered Ordinance No. 2638 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM ML~ICIPAL CODE RELATING TO ZONING. (67-68-42 - C-l). Roll Call Vote: AYES: COL~CILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 2638 duly passed and adopted° ORDINANCE NO. 2641: Councilman Clark offered Ordinance No. 2641 for first readins° AN ORDINANCE OF THE CITY OF ANAHEIM AME~ING TITLE 18 OF THE ANAHEIM ML~ICIPAL CODE RELATING TO ZONING. (68-69-58 - C-i). ORDINANCE NO~ 2642: Councilman Dutton offered Ordinance No. 2642 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM iMITNICIPAL CODE RELATING TO ZONING. (68-69-37 (2) - M-1 - Tract No. 5070 only). ALCOHOLIC BEVERAGE LICENSE APPLICATIONS: The following applications were pre- sented by the City Manager to the City Council for th,~ir information: a. Application submitted by Raymond Hoover Dancy and Richard Edward Moxley, £or Ori$inal On-Sale Beer and Wine, (Bona Fide Eating Place), for an Un-named business at 1116 Fountain Way, P-2 Zone. 69--104 Hall. Anaheim, California - COUNCIL MINUTES - Pebruar~ 18~ 1969~ 1;30 P.M. b. Application submitted by Albert and Adeline Viramontes~ for On-~ale Beers Person-Co-Person Transfer, for Veto's, 900 North Anaheim Boulevard, C-2 zon. e. Co Application submitted by Aldebaran Investments, Inc., by Jack Cottrell Dutton~ President~ and Odra Lawton Chandler, Vice-President, for On-$al.e General, (Bona Fide Eating Place), Person-to-Person Transfer at the Palm Room, 1110 East Orangethorpe Avenue, C-1 zone. No Council action was taken on. the above applications. RESOLUTION NOo 69R-95: On recommendation ofthe City Manager, Councilman Krein offered R~solutior Noo 69R-95 for adoption. Refer to Resolution Bool. A RESOLL~iON OF THE CITY CO[~CIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT PROVIDING FOR THE LEASING OF CERTAIN OFFICE SPACE AT ANAHEIM STADIUM TO SOUTHERN CALIFORNIA BILLY GRARA~ CRUSADE, INC. ($9,900.00 - Thirt¢.~n Me,tbs). Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COb~CILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-95 duly passed and adopted. RESOLb~ION NO. 69R~96: Councilman Clark offered Resolution No. 69R-96 for adop- tion. Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM URGING BOTH THE GOVERNOR AND LEGISLATURE OF THE STATE OF CALIFORNIA TO ENACT AND APPROVE LEGISLATION RESTRICTING THE SALE, DISTRIBUTION AND EXHIBITION OF PORNOGRAPHY AND OBSCENE MATERIAL TO PERSONS UNDER EIGHTEEN YEARS OF AGE. Roil Call '%'ute: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-96 duly passed and adopted. LOCAL AGENCY FORMATION COMMISSION - FULL-TI_.~i EXECUTIVE OFFICER: On report and recommendation of the City Manager, Councilman Krein moved that the City Counci] urge the Orange County Board of Supervisors to provide the Local Agency ~orma[~ion Commission with a full-time Executive Officer, and include nece~ .~c funds therefor in the Budget for the coming year. Councilman Dutton ~econded the motion. MOTION CARRIED. PROPOSED LEGISI~TION - AUTOMATIC ANNEXATION OF ISiANDS: On report and recommenda- tion of the City Manager, Councilman Clark moved that the State Legislature be urged to introduce and support the automatic annexation or incorporation of island territory to the city ~urrounding it. Councilman Schutte second- ed the motion, MOTION CARRIED. RESOLL~ION NO~ 69R-97: On report and recommendation of the City Manager and Per- sonnel Director, Councilman Clark offered Resolution No. 69R-97 for adoption. Refer to Resolution Book. A RE$(~LUTiON OF THE CITY COUNCi ~ OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 68R-~26 AND ESTABLISHING A RATE OF COMPENSATION FOR VARIOUS NEW JOB CLASSES. (Personnel Assistant and Audit Supervisor). 69-165 C~ tiall.. A~.aheimz_.Cailfornia - CO'UNCIL MINUTES -February 18~ 19694 1:30 P.M. Rc~ll Call Vote: AYES: COUNCILMEN: Dutton~ Krein~ 8chutte, Clark and Pebley NOES COUNCIl. MEN. None ABSENT: COUNCILMEN; None The Mayor declared Resolution No. 69R-97 duly passed and adopted. EMPLOYEE SUGGESTION FLAN; ©~. report and recommendation of the City Manager, Coun- cilman (]]ark moved that an Employee $uggestion Plan be approved~ as recom- mop. dod by the Personnel Director~ similar to the Pilot Study in operation ip the Library Departmept. Councilman Schutte seconded the motion~ MOTION CARRIED. 'IRAV~LER8 INSURANCE - GROUP RATE RENEWAL: On report and recommendation of the City Ma~ager~ Councilman Clark moved that the Group Da_oc Renewal ~ Travelers ~!nsurance Proposal~ recommended bM the Personnel Director, oe approved. Councilman Dutton seconded the motion. MOTION CARRIED. TRAVELERS GROUP LiFE INSURANCE FOR FUTURE RETIRED EMPLO'Y]f~]L~ On report and recom- mendation o~ the City Manager, Councilman Krein moved that endorsements to the Travelers Group Life Insurance Policy to provide for the inclusion of future retired employees at their own expense be approved, as recommended by the Personnel Director° Councilman Schutte seconded the motion. MOTION CARRIED~ RESOLi~ION NO. 69R-98: Councilman Dutton offered Resolution No. 69R-98 for adop- tions. Refer to Resolution Book~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING APPRO· PR!ATE ACTION TO SUPPORT THE RIVERBANK OF THE SANTA ANA RIVER AT THE BURRiS SANDPITo Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 6!-98 duly passed and adopted. RECESS: Councilman [rein moved to recess to 7:00 P.M., to the Central Library, for the purpose of holding Public Discussion of Ordinance No. 2631, relating to Abandoned, Wrecked, Dismantled or Inoperative Vehicles. Councilman Clark seconded the motion. ~)TION CARRIED. (5:20 P.M.). AFTER RECES~ (7:00 P.M.)L The City Council of the City of Anaheim reconvened ip. the basement of the Anaheim Public Library° PRESENT: ~ ilL: Dutton, Clark and Schutte ABSENT: (;90NOiLME. N: Krein and Pebley PRESENT~ CITY MANACRR~ Kaith A. Murdoch CITY ATTORNEY: Joseph Bo Geisler CITY CLERK: Done M. Williams ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts The meeting was called to order by Mayor Pro-Tom Schutte. Mayor Pro-Tom Schutte announced that the Public Discussion was scheduled for the purpose ef clarifying an apparent misunderstanding rela- tive to Ordinance No. 2631, adopted by the City Council January 21, 1969, regarding the removal of Abandoned, Wrecked, Dismantled or Inoperative Ve- hicles from public and private property. 69-100 City Hall; Anaheim; California - COUNCIL MINUTES - February 18, 1969, 1:30 P.M. He further advised that through an apparent mistake in newspaper r~!:~'rt~-o _~ bad '*' ~ ~¢,, a£ng]~_d · ut as oppo.~4ip, g camp cars and trailers, which Mayor Pro-Tem $chutte briefed the three previous meetings held on a proposed Camp Car-Trailer Ordinance, resulting in the appointment of a committee to study and recommend a workable ordinance. The committee agreed that wrecked cars, abandoned trailers and other inoperative vehicles should be eliminated from the City, and it was on this recommendation and basis Ordinance No. 2631 was drafted and adopted. Mayor Pro-Tem Schutte then requested the City Attorney to read his written opinion pertaining to Ordinance No. 2631, as it relates to rec- reationai vehicles in ordinary state of repair, normally parked or stored. "TO W~OM IT MAY CONCERN: A question has been raised as to the scope of Ordinance No. 2631 and a re- quest has been made for an interpretation of its scope. This memorandum is made in an attempt to accomplish such purpose. The ordinance is supplementary legislation to the provisions of the Vehicle Code for removal of abandoned, wrecked, dismantled or inoperative vehicles from public highways. The regulation of vehicles is an area pre-empted by the State. Local entities may only enact regulations as specifically per- mitted by the State Legislature. In 1967 in order to provide for the elimi- nation of a public nuisance created on a state-wide basis of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof which cluttered private or public property, Section 22660 of the Vehicle Code was enacted. This sec- tion specifically permitted local entities to enact ordinances providing for the elimination of the nuisance created by abandoned, wrecked, dismantled or inoperative vehicles upon public and private property. The Vehicle Code sec- tion required safeguards in connection with the abatement of the nuisance and therefore required specific provisions to be inserted in an ordinance. In order to provide a uniform state-wide ordinance, a committee of city at- torneys and county counsels was formed and a model ordinance drafted. This model ordinance was distributed through the League of California Cities to the City. This model ordinance is the basis for Ordinance No. 2631 of the City of Anaheim. The question has been raised as to whether or not this ordinance would be enforced in a manner which would attempt to declare trailers or campers in an ordinary state of repair to be a public nuisance and subject to removal. The City Council of the City of Anaheim has specifically de~?~ared that this is not their intent° The history of the State enabling legislation certainly indicates that this is not within the scope of the state law. The wording of the ordinance and the ~a~,~ ts~.~i.~indicates that the purpose of the legislation or ordinance is to abate the nuisance of "abandoned, wrecked, dismantled or inoperati~e vehicles" commonly referred to as "junkers." It is true thag this ordinance will operate on all vehicles, be they motor vehicles or trailer vehicles. The operation of the statute or ordinance, however, would be the same on either vehicle; and that is that the vehicle must in ~act be s~, ao~d~.-~d, wr~7!~d, dismantled or inoperative vehicle. There has been some criticism of the ordinance because the terms "abandoned," "wrecked~" "dismantled," and "inoperative" are not defined in the ordinance. These are the identical terms used in the enabling section of the State Law. They are not defined in the Vehicle Code either. It was apparently the opin- ion of the State Legislature, and it is the opinion of this writer, that said terms are sufficiently definite and certain as to be understood by people in general° As a further protection, however, the ordinance affords a hearing before any abatement proceedings are undertaken. These provisions would ap- pear to be an adequate protection against an unreasonable and arbitrary in- terpretation of any of the terms. 69-107 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 18~ 1969~ 1:30 P.M. It is not and never has been the intent of the City Council or any depart- ment of the City to attempt to enforce this ordinance in any manner which would deal with the parking or storage of campers or trailers in an ordin- ary state of repair. It should also be pointed out that the definition of "vehicle" is the definition as contained in the Vehicle Code, Section 670. The Vehicle Code also defines a camper in Section 243 and under such defini- tion a camper is not a vehicle. The ordinance could not, therefore, be en- forced against the camper which was stored upon the private property. It should, therefore, be quite obvious that this crdinance was not designed, nor is it intended to prevent the parking or storage of trailers or campers upon private or public property in the City of Anaheim. The ordinance is designed to provide a method of abatement of a nuisance of the storage of junk, to wit: abandoned, wrecked, dismantled or inoperative vehicles~ (Signed) JOSEPH B. GEISLER, CITY ATTORNEY~ Councilman Dutton reported that over a period of years the public has wanted junk removed from front yards and it was found that there was no way of legally abating this nuisance. As a result o£ this request the subject ~'.l~ance~draw~.. He further advised that the intent of the ordinance was explained on three different occasions at the City Council meetings. Councilman Clark advised that he was in support of the ordinance and as an owner of a service station related the difficulty he has exper- ienced in getting rid of abandoned vehicles left on his property without permission. Councilman Clark further advised that he read the minutes of the meetings reviously referred to, which reiterated the fact that everyone agreed to a provision to rid "junk." Mr. Murdoch noted, in the City Attorney's opinion, that a camper, under the Vehicle Code, was not a vehicle in the legal sense. However, by common usage there is the feeling that a "camper" is the entire vehicle, not just that part of the unit mounted on a truck bed° He noted that if the total unit becomes a junk piece of equipment, vehicle and all, it would come under the ordinance. Mr. Murdoch stated that the entire ordinance was aimed at junked vehicles, not an operative vehicle, which can be and is used; that mere storage on a lot would not constitute junking. Mr. Murdoch further reported that vehicles being worked upon might technically come under the ordinance,and in many ordinances of this nature the City normally depends upon a complgint before any action is taken. Even if a complaint was filed, the ordinance provides a hearing procedure and an opportunity to correct the situation° Mayor Pro-Tem Schutte asked if anyone wished to address the Council. Mr. Jack Davis, 12_~-1 Buaro Street, Garden Grove, President of the Orange Cou~ty Chapter, National Campers and Hikers Association, stated that they were 100% in favor of ridding Anaheim and all cities of junk° He stated their only concern was interpretation and thereupon read qection 6.80.020 (a) of the definition. He advised that in his opinion, "move" could refer to something carried, such as a camper, and "drawn upon a public highway" refer to a trailer. Regarding "abandoned," Mr. Davis felt nothing on his property, under his control, could be considered abandoned, and that the ordinance should carry a provision that it does not mean usable campers, camping equipment, boat trailers, etc. Mr. Murdoch suggested examples of concern be expressed so that they can be explained~ ra~her ~han attempt ~o amend the terms of the State Vehicle Code. 69-1.08 ~i.ty' Hall~ Anaheim~ California - COUNCIL MINUTE8 - February 18, 1969, 1:30 P.M. For an example, pertaining to Section 6.80.130, Mr. Davis related an experience where he was taken to tee ~,c~pital by his son who~ on his re- turn homed was involved in an accident and on the advice of the doctor he was not in£ormed of the accident. Mr. Davis felt~ had he been hospitalized more than ten days, the provisions of the ordinance would have ~ermitted the City to seize his wrecked vehicle. It was explained that the right of the City to remove the wrecked vehicle would not be obtained without notice or hearing, and after hearing the decision o£ the Chief of Police could be appealed to the City Council, and there is approximately 45 days between the time of first posting and actual removal. The Section referred to by Mr. Davis is the provision cov- ering the last notice. Mro Sam Mc Cormick, Attorney representing General Counsel for the Trailer Coach Association, advised of his meeting with a member of the City Attorney'ts staff, and further stated that in his opinion the written opinion of the City Att()rney answers for people who do not have reference to the Ve- hicle Code~ and places such erdlnancc in the appropriate context° Mr. Mc Cormick asked if the City would consider, at a later time, an amendment to the subject ordinance, if the League of California Cities felt a fuller definition of abandoned, inoperative, wrecked or dismantled should be incorporated in the model ordinance. An affirmative reply was given by the City Attorney. Mr. Leonard Harrington, former Attorney, President of the Orange Empire District of International Travel Association, asked if in any of the model ordinances there was a definition of recreational vehicle, which defi- nition, he felt, would alleviate much of the concern of those present. Councilman Clark reported that in three recent meetings it appeared that the word "inoperative" was a concern, and as a result the City Attorney was directed to prepare an amendment to the ordinance, removing this word wherever it appeared for further Council consideration. Mr. Harrington felt that the word "inoperative" should remain in the ordinance. ~Mr. Don Zander, 1312 Colonial, Anaheim, Director of I.T.C.Ao, thanked the City' Council for granting his request for an open meeting to clarify the ordinance. He felt that concerns had been clarified and the questions answered. Dr. WoN. Townsend, Representative Director from this District, and of the State International Travel and Trailer Clubs of America, felt the prob- lem arose i.n not understanding the legal terminology. As far as junk was con- cerned~ he felt everyone was in accord. Dr. Townsend was of the opinion that the legal terminology of the ordinance had been satisfactorily explained, and with the written opinion of the City Attorney it was certain that the inten- tions were not adverse to them° He thereupon also thanked the City Council for their time and effort given in providing this explanation. Mr. Tom Miller, 1154 Holly, Anaheim, asked what his position would be if he constructed a dune buggy on his property. Mr. Miller was advised that if it was on his own property, basically screened, with no objections or complaints from his neighbors, he should have no concern. Mrs. Hildamae Voght, representing the California Outdoor Recreation League~ offered a similar question to Mr. Miller's. Mrs. Voght was advised that the ordinance basically would prohibit a junk car in the front yard, however, as previously explained enforcement would pr,~abl~ b,~ iaitiatcd as a resul~ of a complaint filed. 69-109 City Hall, Anaheim, California - COUNCIL MINUTES - February 18~ 1969~ 1:30 P.M. Mrs. Voght asked if there were other ordinances that covered other nuisances such as trash. Mr. Geisler replied in the affirmative, and gave as an example the Rubbish and Weed Abatement ordinance. Mr. William Shelton, 200 West Hill Avenue, advised that his only objection was the inclusion of the word "inoperative." He felt the posi- tion of the present City Council had been made clear, but noted that the same position may not be shared by a future Council. Mr. J.C. Groff, 802 South Danbrook Drive, President of the Rolling llack~ Trailer Club of Hughes Aircraft, advised that their concern was with the wording of ~-'~ ordinance. He then asked if the City Attorney's opinion would stand up in court. Mr. Geisler advised that a signed copy of his opinion would be on file in the City Clerk's office; that the final opinion of any law is that of the court. In answer to Mr. Groff's question as to the interpretation of the term "ordinary state of repair, as it appears in the written opinion, Mr. Geisler advised that to him it meant a "common or general" state. Mr. Groff asked if ther were any provisions to prevent parking or storage of trailers on their driveways. Councilman Dutton advised of the highly restrictive provision presently in the Anaheim Municipal Code, and the unsuccessful attempt of the City Council to amend it in 1966. It was further explained that the ordi~z..ce under discussion was enacted as a result of the recommendations at that time. At the request of Councilman Dutton, the City Clerk was instructed to retain the tape record of this meeting for a period of one year. Mayor Pro-Tem Sch~.~te thanked those present for attending, and thereupon declared the meeting adjourned. AD JOURNED: 8: 55 P. Mo City Clerk