Loading...
1969/03/0469-118 City Hall, Anaheim, California - COUNCIL MINUTES - March 4., 1969, 1~30 PoM. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Dutton~ Krein, $chutte, Clark and Pebley ABSENT: COUNCILMEN' None PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Williams CITY ENGINEER: James Po Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Pebley called the meeting to order. INVOCATION: Reverend Bawden, of the Salvation Army, gave the Invocation. FLAG SALUTE: Councilman Krein led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATION: The Mayor Proclaimed March 19, 1969 "Ort Day", in recognition of the Organization for Rehabilitation through Training. MINUTES: Minutes of the Anaheim C~ty Council meeting held February 18, 1969, were approved, on motion by Councilman Dutton, seconded by Councilman Clark. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Clark moved to waive t!~_~ 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 rasolutiono Councilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED° REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $257,788.84, in accordance with the 1968-69 Budget, were approved. PUBLIC HEARING - RECLASSIFICATION NOo 68-69-63 AND VARIANCE NOo 2047: Submitted by Oliver S. Smith, requesting a change in zome from R-A to R-3, and request- lng waivers of maximum building height, minimum distance between buildings, maximum distance of living units from a standard street, and minimum floor area per dwelling unit, to establish a 24-unit, two-story apartment complex° Property located on the west side of Magnolia Avenue, south of Lincoln Ave- nue, (125 South Magnolia Avenue). The City Planning Commission, pursuant to Resolution No. PC69-13, recommended said reclassification be approved subject to the following conditions: ' 1. That the owner of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Magnolia Avenue for street lighting purposes. ' 2o That the owner of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Magnolia Avenue for tree plant- ing purposes° , 3o That the owner of subject property shall acquire access to a standard alley along the south and west property line. 4. That Condition Nos. 1, 2, and 3, above mentioned, shall be com- plied with within a period of 180 days from date hereof, or such further time as the City Council may grant. 5o That the owner of subject property shall pay to the City of Anaheim park and recreation fees for each dwelling unit, as required by City Council resolution, which shall be used for park and recreation purposes, said amount to be paid at the time the Building Permit is issued. The Cit~ ?la,ming ~mmission, pursuant to ~eso!utic~ ~'~o~ PC69-!4, granted said Variance, i~ part. (i?etit~oner withdrew re~ue~t f~r waiver of minimum f!oo~ ar~a per dwel'~i~g unit), subject to the f~!lowing conditionc 69~119 ~ Anaheim~ California - COUNCIL MINUTES ~ March 41a__~969 1:30 PoMe 1o That this variance is grante~d subject to the completion of classification Nee 68~-,69-6'3o 2o That the sidewalks shall be installed along Magnolia Avenue, as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer° 3o That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works° 4o That fire hydrants shall be installed as required and deter- mined to be necessary by the Chief of the Fire Department° 5o Drainage of subject parcel shall be discharged in a manner which is satisfactory to the City Engineer, 6o That any air-conditioning facilities preposed shall be properly shielded from view, and the sound shall be buffered from adjacent residential homes. 7. That any parting area lighting shall be with down-lighting a maximum 6-feet in height, and shall be directed away fr@n the property lines to protect the residential integrity of the area. 80 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 a 6 foot masonry wall along the north property lineo 9~ That Condition Nos° 2, 3, 4, 5, 6, 7, and 8, above mentioned, shall be complied with prior to final building and zoning inspections~ i0n That subject property shall be developed substantially in ac~ cordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos° 1, 2, 3, 4, 5, and 6, provided, however, that the tw©~ bedroom units are in conformance with the R~3 Code, as stipulated to by the petitioner, when the requested waiver was withdrawn° Zoning Supervisor Charles Roberts noted the location of subject property, the existing uses and zoning in the immediate area, and briefed the evidence submitted to and considered by' the City Planning Commission° Council discussion ensued with regard to the problem of drainage, and the City Engineer advised that the developer of the property immediately to the west is proceeding, and felt that development of the alley' will com.- mence in the near future~ that access to the alley will be necessary for pro- per drainage of the subject property° Mro Roberts noted that dedication for a 20-foot allay to serve the subject property and the parcel immediately to the south, (Reclassification Nee 68~69~22), was a condition for approval of each reclassification; there- fore, development of the full-width alley is insured° Mayor Pebley asked if the Applicant was present and wished to ad dress the City Council° - Mro Ray Meyers, 325 Cienega Drive, Fullerton, Authorized Agent of the Applicant, stated he concurred with recommendations of the City Planning Commission, with the exception of the required access to the standard alley along the west property line~ He pointed out that dedication of that alley had not yet been made, and requested permission to proceed with development of the subject parcel with access to the alley required at the time of final Building and Zoning inspections° The City Attorney expressed concern at this request, noting that a serious drainage problem would exist during development, as noted earlier by the City Engineer° At the conclusion of Council discussion, Mr. Meyers indicated he would accept the conditions recommended by the City Planning Commission, as he did not wish to delay rezoning of the property~ Mayor Pebley asked if anyone else present wished to address the City Council; there being no response, declared the hearing closed° RESOLUTION NO~ 69R-110: Councilman Dutton offered Resolution No° 69R-110 for adoption, authorizing the preparation of necessary ordinance changing the zone as requested, subject to the conditions recommended by the City Planning Commission° 69-120 _City Hall~ Anaheim~ California ~ COUNCIL MINUTES ~ March /~ 1~__~969 1~o30 PoMo Refer to Resolution. Book~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMIN- INC Tt~AT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CRANGEDo (68-69-63 - R-3)o Roll Call Vote: AYES: COUNCILMEN~ Dutton, Krein, Schutte, Clark and Pebley NOES~ COUNGILM~N~ None ABSENT~ COUNCILMEN~ None The Mayor declared Resolution Noo 69R~,110 duly passed and adopted. ~'iESOLUTION NOo 69R-111~ Councilman Dutton offered Resolution Noo 69R-111 for adoption, granting Variance No. 2047 in part, as recommended by the City Planning Commission, subject to conditions. Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2047° Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES~ COUNCILMEN: None ABSENT: COUNCILMEN~ None The Mayor declared Resolution No. 69R-111 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NOo 68-69-64 AND VARIANCE NO. 2048: Submitted by Carl Ho Lindgren, et al, requesting a change in zone from R-A to R-3, and also requesting waivers of location of accessory buildings within the front 75% of the property, minimum distance between buildings, maximum distance of living units from a standard street, and maximum building height within 150 feet of an R-A zone, to establish an 85~unit, one and two-story apartment complex° Property located on the west side of Nutwood Street south of Ball Road. ' The City Clerk read correspondence received from the Applicant, re- questing a 30-day continuance to allow submission of revised plans of develop- ment, and also noted receipt of a letter in support of the proposed reclassi- fication from Mro and Mrs. J.D~ Norton, and John D. Light~ Mayor Pebley asked how many persons in the audience were present for the public hearing; approximately 35 persons stood. Mrs. Robert Eckes, 1867 Castle Avenue, requested clarification of the reasons for continuing the public hearing and Mayor Pebley explained that a new builder is proposing development of the subject parcel for which revised plans will be submitted for review and recommendations by the Dev'~].oPment S~r~.~~ Staff~ On motion by Councilman Krein, seconded by Councilman Schutte, pub- lic hearing was continued to the meeting of April 8, 1969, at 1:30 PoMo, for submission of revised plans and report thereon from th~ Planning Ctaff ~"~m~ CARRIED PUBLIC HEARING - RECLASSIFICATION NO. 68~69~65 AND VARIANCE NO~ 2049~ Submitted by Ann Prentice, Berniece Meier and Fred Meier, requesting a change in zone from R-A to C-] on Portion A, and R-3 on Portion B, and also requesting waiver of maximum dwe].]ing unit distance from a standard street, to establish a 94-unit apartment complex on Portion B cnlWo PropertM located generally at the south~ ~ast corner o~ Lincoln Avenue and Sunkist Street~ The City Planning Commission, pursuant to Resolution Noo PC69-17, recommended said reclassification be approved for C-1 on Portion A, R-3 on Portion B~ and R-2, 5,000 ~>n Portion C, subject to the f~llcwing conditions: 69-121 City Hall~ Anaheim~ California - COUNCIL MINUTES - March ~ 1969 1:30 PoMo 1o That the owners of subject property shall deed to the City of Anaheim a strip of land 64 feet wide for Powhatan Avenue as proposed on the development plans, and 45 feet in width from the ultimate alignment center- line of Sunkist Street for street widening purposes~ 2o That street improvement plans shall be prepared and all en- gineering requirements of the City of Anaheim along Lincoln Avenue, §unkist Street and Powhatan Avenue, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be completed as required by the City Engineer and in accordance with stand- ard plans and specifications on file in the office of the City Engineer~ and 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 all engineering re- quirementso 3o That the owners of subject property shall pay to the City of Anaheim the sum of $2~00 per front foot along Lincoln Avenue, Sunkist Street and Powhatan Avenue, for street lighting purposes° 4° That the owners of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Lincoln Avenue, Sunkist Street and Powhatan Avenue, for tree planting purposes° 5° That a Parcel Map to record the approved division of subject property be submitted to the City of Anaheim for approval and then be re- corded in the office of the Orange County Recorder° 6o That Condition Nos° 1, 2, 3~ 4, and 5, above mentioned, shall be complied with within a period of 180 days from the date hereof, or such further time as the City Council may grant° 7o That the owners of subject property shall pay to the City of Anaheim park and recreation fees for each dwelling unit, as required by City Council resolution, which shall be used for park and recreation purposes, said amount to be paid at the time the Building Permit is issued~ 8o That ordinances reclassifying the property shall be adopted as each parcel is ready to comply with conditions pertaining to such parcel; provided, however, that the word "parcel" shall mean presently existing par- cels of record and any parcel or parcels approved by the City Council for lot split° The City Planning Commission granted said Variance, pursuant to Resolution Noo PC69-18, subject Lo the following conditions: 1o That this variance is granted subject to the completion of Re- classification Noo 68~69-65~ 2~ That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works° 3~ That fire hydrants shall be installed as required and deter- mined to be necessary by the Chief of the Fire Department° 4~ That 6-foot masonry walls shall be constructed along the east and south property lines of Portion "B"o 5° That any air-conditioning facilities proposed shall be properly shielded from view, and the sound shall be buffered from adjacent residential homes° 6o That drainage of subject property shall be discharged in a manner that is satisfactory to the City Engineer° The alignment of the sub- ject parcels northeasterly property line adjacent to the Orange Freeway shall be approved by the State Division of Hi~hwayso 7. That any parking area lighting shall be lighted with down- lighting a maximum 6-feet in height and shall be directed away from the property lines to protect the residential integrity of the area° ~ That G0nditi0n Nog° 2, 3, A, 5, g, aha 7, agove mentioned, shall be complied with prior to final building and zoning inspections° 9o That subject property shall be developed substantially in ac- cordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos~ 1, 2, 3, and 4~ Excerpt of the City Planning Commission meeting held February 26, 1969, was read by the City Clerk, recommending that if the Branch Library Site is to be located on Portion C of the subject property, a minimum 15- foot building setback be observed on the south property line, to preserve the residential integrity of adjacent R-1 homes, and further recommending that consideration be given to permitting a reduction of the proposed street, (Powhatan Avenue), from the required 64~foot width to 60 feet, with a 40-foot 69-122 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 4~ 1969~ ~!30 PoMo roadway, in order to provide a minimum 120-foot wide library site° Mr. Roberts noted the location of subject property, the existing uses and zoning in the immediate area, and briefed the evidence submitted to and considered by the City Planning Commission, indicating for Council information the location of Portion C on the map posted on the east wall of the Council Chambers, being the southwest corner of Parcel Bo The City Manager called attention to a memo received from the Li- brary Director, indicating that the Library Board feels the library site, as proposed, is unacceptable, and recommending that the minimum frontage of this or any other library site be 150 feet. Mro Murdoch also noted that according to the proposed development plans the library parking lot would be located adjacent to the parking area of the R-3 development, with access provided by the extension of Powhatan Avenue~ and pointed out that parking space for library patrons may be preempted by apartment dwellers, particularly during evening hours~ He therefore recommended that the City Council defer action for approximately 30 days, to allow further analysis of the total site, to determine if the proposed library' is compatible with the surrounding develop- ment plans. He reported that negotiations are still in progress for the pur- chase of the proposed library site, but the transaction has not been completed, and that continuation of the public hearing will also allow alternative sites to be investisatedo Mayor Pebley felt that perhaps the library site should be located to front on Lincoln Avenue, rather than on Sunkist Street, and Councilman Clark. expressed agreement with the City Planning Commission recommendation for R-2, 5,000 zoning for Parcel C, should the library not be developed there° cil o Mayor Pebley asked if the Applicant wished to address the City Coun- Mr. Robert Lo Waldron, Authorized Agent for the Applicant, felt that a continuance of the public hearing would cause a hardship to the Applicant, as tentative plans of development have been drawn, as a result of a study con- ducted by the architect° He noted that the City offered to purchase one net acre of the subject property for $37,500°00, for library purposes; that if the proposed library is developed with 150-foot frontage at the present lo- cation, R-3 development is not feasible, unless for the same purchase price, one-half of the street is deeded to the City° He also requested considera- tion for R~3 zoning, as requested, for Portion C, if the library is not de- veloped, as the one-story height limitation would apply to this portion in any event. Mayor Pebley observed that either a different layout would be neces- sary, or an alternate site for the proposed library would have to be selected, and that a continuance would be necessary for this purpose. Councilman Krein moved that public hearing be continued to the meet- ing of April 1, 1969, at 1:30 PoMo, to allow further analysis of the proposed development as it relates to the library site and for investigation of alter- nate !!Irary sites. Councilman Dutton seconded the motion~ MOTION CARRIED. PUBLIC HEARING - RECLASSIFICATION NOo 68-69-66 (TRACT NOo 6286): Initiated by the City Planning Commission to consider a change in zone from R-A to R-2, 5,000; property located on the west side of Orchard Drive, south of the Yorba Linda Freeway° The City Planning Commission, pursuant to Resolution No. PC69~!9, recommended said reclassification be approved, subject to the condition that Final Tract Map of subject property be approved by the City Council and re- corded in the office of the Orange County Recorder° Mro Roberts noted the location of the lo5-acre parcel, the exist- ing uses and zoning in the immediate area, and called attention to the fact that Tentative Tract Noo 6286 was approved for subdivision into five R-2, 5,000 zoned lots as a continuation of Tract No. 4241~ but was not included in that Resolution of Intent as it was not within the jurisdiction of the City of Anaheim at that time° (Orchard Drive Annexation)~ 69-123 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 4, 1969, 1~30 P~Mo Mayor Pebley ascertained that the owner of subject property was not present, and Mro Thompson assured the City Council that the owner concurred with the recommendations of the City Planning Commission° Mayor Pebley then asked if anyone else present wished to address the City Council; there being no response, declared the hearing closed° RESOLUTION NOo 69R-112~ Councilman Dutton offered Resolution No° 69R-112 for adoption, authorizing the preparation of necessary ordinance changing the zone as recommended by the City Planning Commission° Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED° (68- 69-66 - R-2~ 5,000)° Roll Call Vote~ AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN~ None ABSENT: COUNCILMEN: None The Mayor declared Resolution NOo 69R-112 duly passed and adopted. CONDITIONAL USE PERMIT NO. 1052: Request of Milton E. Johnson was submitted for deletion of required payment of street lighting fees, or an extension of time to complete said condition; M-1 zoned property, located on the east side of Walnut Street, south of Santa Aha Street° Also submitted were reports of the City Engineer and Development Services Department° Mayor Pebley asked the applicant if he concurred with the recom- mendation of the Development Services Department~ that the requested dele- tion.be denied and a six-month extension of time be granted for payment of said street lighting fees. ~ The Applicant~ Mr° Milton Eo ~, 1101 Louise Street, Santa Aha, replied that he would comply with the condition at such time as it can be included in a lighting district; but is unaware of any plans of this na- ture at the present time, therefore, will accept an extension of time. The City Manager noted that no action for the formation of a special lighting district is contemplated during the next one-year period, and recom- mended a longer extension of time be granted. On motion by Councilman Krein, seconded by Councilman Dutton, a 12-month extension of time was granted as recommended by the City Manager. MOTION CARRIED~ RECLASSIFICATION NO. 63-64-100: Request of Tony Julian was submitted for dele- tion of the six-foot block wall requirement; proposed C-1 zoned property located on the south side of Lincoln Avenue, east of Dale Street, (2780 West Lincoln Avenue). Also submitted were reports of the City Engineer and Development Services Department, the latter recommending that Condition No. 8 be delet- ed, as requested. RESOLUTION NOo 69R-113: Councilman Dutton offered Resolution No. 69R-113 for adoption~ deleting subject condition~ Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 64R-456 IN RECLASSIFICATION PROCEEDINGS NOo 63-64-100o Roll Call Vote; 69-124 Qity Hall~ Anaheim~ California - COUNCIL MINUTES - March 4 1_~_~969 ~ 1~30 AYES~ GOUNGILMEN~ Dutton, Krein, chutte, Clark and Pebley NOES~ COUNCILMEN~ None ABSENT~ COUNCILMEN: None The Mayor declared ~esolution Noo 69R~113 duly passed and adopted. ~Schutte ORDINANCE NOo 2645: Councilman Sh~tt~ offered Ordinance Noo 2645 for first reading° AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING~ (63~64-100 - C-I). REQUEST TO ELIMINATE UNSANITARY CONDITIONS _ TOPANGA DRIVE AND LII]COLN AVENUE: Mrs° Mildred Moore, 111 South Harding Avenue, addressed the City Council regarding unsanitary conditions which exist in the area surrounding the small shopping center on Lincoln Avenue between Topanga Drive and Harding Avenue, particu- larly in the alley at the rear of the property. She stated that she was vary happy at her present address until the Taco Bell walk-up restaurant and the Wig Shop opened there; but since that time the accumulation of litter and gar- bage in the area has caused a considerable nuisance and has interfered with the proper drainage of the property to the extent that water has entered her garage, as a result. Mrs° Moore submitted a petition signed by 8 families in the area, requesting that the City take steps to alleviate the condition described. She reported that the owners of the two offending establishments have been contacted about the problem, to no avail, and that the proper City departments were also notified, but the situation has not been corrected. In the ensuing Council discussion attention was direct¢~d to ~!ctures and report submitted by the Public Works Department, indicating that litter is originated largely by students, and that the management of the Taco Bell does police the premises every hour to remove litter which accumulates. It was also noted that a majority of the litter is carried from eating establish- ments a block or more distant, and then deposited at the subject location. The City Attorney advised that there appears to be very little more that the City can do in this situation; noting that streets in the area are being kept clean, but it is not the City's responsibility to clean alleys; that individuals may be arrested who are in violation of the Anti-Litter Or- dinance, but such littering is a widespread problem which is impossible to police in all areas of the City° At the conclusion of the discussion it was agreed that if a drain is being blocked, it is the City's responsibility to clear it, and by general consent of the City Council a representative of the City Engineer's office was requested to make an additional study of the situation and recommend pos- sible solutions for further Council consideration. The City Manager also re- quested that the management of the Wig Salon be contacted in the course of the study~ Mrs° Moore also submitted a photograph of the interior of her garage which showed an accumulation of litter which she stated was deposited there by high water. FINAL MAP - TRACT NO. 6784z Developer ~ Apollo Development Corporation of Santa Aha; tract located on the east side of Rio Vista Street, north of Lincoln Avenue, and containing 67 lots in the R-2, 5,000 zone, (67~68-98). The City Engineer reported said Final Map conforms substantially with the Tentative Map previously approved; that bond has been posted and forwarded te the City Attorney for approval~ and demand for the tract fee has been filed with the Title Company, amd ~he Final Map will not be recorded until the fees have been paid, this method of fee payment having been approved by the City Attorney~ and he recommended approval thereof° 69-125 City Hall, Anaheim~ California- COUNCIL MINUTES - March 4, 1969, lo~30 P.Mo On the recommendation of the City Engineer, Councilman Dutton moved that Final Map, Tract Noo 6784 be approved, subject to approval of required bond by the City Attorney° Councilman Krell seconded the motion. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held February 10, 1969, pertaining to the following appli- cations, were submitted for Council information and consideration: VARIANCE NO. 2050: Submitted by M.K~ Borenstein, M.D., and Albert Gudes, re- questing waivers of minimum distance between two buildings, minimum distance between parallel walls of the same building, maximum distance of a living unit from a standard street, and two-story within 150 feet of R-A zoned pro- perty, to establish a 49-unit apartment complex; R-3 zoned property, located at 621Velare Street, (Reclassification No. 64-65-56)° The City Planning Commission, pursuant to Resolution No. PC69-20, granted said Variance, subject to conditions. Mr. Roberts reported that the zoning ordinance completing Reclas- sification No. 64-65-56 required development substantially in accordance with plans and specifications on file, and limited development on the easterly 90 feet to one story in height, ('J~mdition No. 6). Since new plans have been submitted by the developer, he recommended deletion of this condition. The City Attorney asked if the new plans are substantially in ac- cordance with the old plans on file; Mr. Roberts stated they were not, as the old plans were for a planned residential development, and the new plans are for an R-3 development, as ~' ?oved under Variance No. 2050. ORDINANCE NO. 2645: On the recommendation of the Development Services De- partment, Councilman Schutte offered Ordinance No. 2646 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 2188, IN RECLASSI- FICATION PROCEEDINGS NO. 64-65-56, R-3, (delet~ Condition No. 6). VARIANCE NO. 2052: Submitted b y Eldon and Lillian Kanegae, requesting waiv- ers of permitted uses in the M-1 zone, front setback landscaping requirements, and front structural setback, to establish a retail plumbing business; M;.' zoned property, located at 1533 West Lincoln Avenue. The City Planning Commission, pursuant to Resolution No. PC69-21, granted said Variance, subject to conditions, and by motion recommended that a verbal consideration be given to the waiver of required sidewalk along Man- chester Avenue, as requested. On the recommendations of the City Engineer, Councilman Dutton moved that temporary sidewalk waiver be granted, subject to the condition that no permanent planting or permanent-type improvements be permitted within the area reserved for future sidewalk. Councilman Krein seconded the motion. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 1089: Submitted by First National Bank of Orange County, requesting permission to establish a church, with waivers of use of front and side yards for parking and play purposes, and required 6-foot wall around parking area; R-~ ~oned property, located at 1532 West Orangewood Ave- nue. The City Planning Commission, pursuant to Resolution No. PC69-22, denied said Conditional Use Permit. CONDITIONAL USE PERMIT NO. 1091: Submitted by Albert Cohen, requesting per- mission to establish a 22-unit motel, with waiver of location of a free-stand- ing sign; C-1 zoned property, located on the west side of Easy Way, north of Katella Avenue~ The City Plann~ng Commission, pursuant to Resolution No. PC69-23, granted said Conditional Use Permit, subject to conditions. 69-126 City Hall, Anaheim, California - COUNCIL MINUTES - March 4~ 1969~ 1:30 PoMe CONDITIONAL USE PERMIT NOo 1022: -Submitted by Herco Properties, Inc~, questing an extension of time to complete conditions to establish a walk-.up restaurant; property located on the east side of East Street, north of Lincoln Avenue, The City Planning Commission, by motion, sranted a six-month exten- sion of time, to expire July 10, 1969, for the completion of conditions of Resolution Nee PC68-112, provided that dedication for East Street be made to the City of Anaheim within 60 days from February 10, 1969. VARIANCE Nee 2016; Planning Commission Resolution No. PC69-26 was submitted~ terminating Variance No. 2016, previously granted to permit outdoor flower sales from a kiosk, located at the northwest corner of Ball Road and Brookhurst Street° yARIANCE Nee 2039: Request of Richard W. Henning was submitted for approval of revised plans to permit a 125-unit one and two-story apartment complex; property located at the northeast corner of Lincoln Avenue and Rio Vista Street (68-69-59) . ' The City Planning Commission, by motion, approved said revised plans, marked Exhibit Nee 1, Revision No° 30 The foregoing actions were reviewed by the City Council and no fur- ther action taken. TENTATIVE MAP - TRACT NO. 6825, REVISION NOo 1: Developer - Co Michael, Inc., tract located at the northeast corner of East Street and Ball Road, containing 5 '"~ lots, (Reclassification No. 56-~57~?-4 - Ordinance No. 1191). The City Planning Commission, at their meeting held February 26, 1969, approved said Tentative Map, subject to the following conditions: 1o That should this subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative form for approval. 2o That a 6-foot masonry wall shall be constructed along the nor- therly line of Lot Nos. 1, 2, 3, 4, and 5~ 3. That a temporary sidewalk waiver be granted along Ball Road, sub- ject to the condition that no permanent planting or permanent-type improvements be permitted within the area reserved for future sidealk. 4o That all lots within this tract shall be served by underground utilities Councilman Dutton moved that Tentative Map, Tract No. 6825, Revision No. 1, be approved, subject to the recommendations of the City Planning Commiss- ion. Councilman Clark seconded the motion~ MOTION CARRIED. TENTATIVE MAP ~ TRACT NOo 6824, REVISION NOo 3~ Developer - C. Michael, Inc.; tract located at the northeast corner of East Street and Ball Road, containing 4 pro- posed R-3 zoned lots, (Reclassification No° 68-69-49)° · The City Planning Commission, at their meeting held February 26, 1969, approved said Tentative Map, subject to the following conditions: 1o That Tentative Map of Tract Nee 6824, Revision No~ 3, is granted subject to the completion of Reclassification Nee 68-69-49° 2o That should this subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative form for ap- proval~ 3~ That drainage shall be discharged in a manner that is satisfactory to the City Engineer° 4. That a parkway maintenance assessment district for the perpetual maintenance of the proposed planter divider shall be established in accordance with City Council Policy No° 532~ 5o That all lots within this tract shall be served by underground utilities° 6o That the unnamed street shall be recorded as Cliffpark Way. 69-127 City. Hall~ Anaheim~ California - COUNCIL MINUTES - March 4~ 1969, 1:30 PoM. 7o That Cliffpark Way, in the area where the planter divider is to be constructed, shall be developed with a 7-foot wide planter divider, 26-foot travel ways on each side of the planter, a 5-foot parkway on the north side of the street and Il-foot parkway on the south side. East of the planter divider area Cliffpark Way shall transition into a 40-foot road- way with a 5-foot parkway on the north side and a standard 12-foot parkway on the south side° The 5-foot parkways shall be full concrete with tree- wells and irrigation facilities as required by the Superintendent of Park- way Maintenance° The roadway transition shall be subject to the approval of the City Engineer. 8. That the developer shall execute a written agreement satis- factory to the City of Anaheim to insure the construction of a 6-foot mas- onry wall along the south boundary of Tract No. 6812. Councilman Dutton moved that Tentative Map, Tract No. 6824, Re- vision No° 3, be approved subject to the recommendations of the City Plann- ing Commission. Councilman Clark seconded the motion° MOTION CARRIED° CHANGE ORDER NO. 3 - WORK ORDER NO. 6005: Following report of the Elctric Sales Supervisor and on recommendation of the City Engineer, Councilman Krein moved that Change Order Noo 3, Work Order No. 6005, for the Anaheim Filtra- tion Plant, in the amout of $4,325.16 be authorized° Councilman Dutton seconded the motion. MOTION CARRIED. RESOLUTION NO. 69R-114 - AWARD OF WORK ORDER NO° 204: In accordance with recom- mendations of the City Engineer, Councilman Dutton offered Resolution Noo 69R-114 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: AN ADDITION TO THE POLICE FACILITIES BUILDING, CORNER OF HARBOR BOULEVARD AND SANTA ANA STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 204. (Near-Cai Corporation, $254,725.00 - Base Bid Minus Alternate "A"). Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN~ None ABSENT: COUNCILMEN: None The Mayor declared Resolution No~ 69R-114 duly passed and adopted. RESOLUTION NOo 69R-115 - AWARD OF WORK ORDER NO° 561-A: In accordance with recom- mendations of the City Engineer, Councilman Krein offered Resolution No. 69R- 115 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: FURNISHING AND INSTALLING TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF EAST STREET AND ROMNEYA DRIVE, IN THE CITY OF ANA- HEIM, WORK ORDER NO. 561-Ao (E.D. Johnson & Company - $7,473.00). Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES~ COUNCILMEN: None ABSENT: COUNCILMEN~ None The Mayor declared Resolution Noo 69R-115 duly passed and adopted. City Hall, Anaheim; California - COUNCIL MINUTES ~ March 4, 1969, 1~30 PoMo RESOLUTION NOo 69R-116 - WORK ORDER NO0 537-B~ Upon receipt of Certification from the Director of Public Works, Councilman Schutte offered Resolution No. 69R-116 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 WITs THE.IMPROVEMENT OF LINCOLN AVENUE, FROM RIO VISTA STREET TO THE SANTA ANA RIVER, IN THE CITY OF ANAHEIM, WORK ORDER NO. 537-B. (RoJ~ Noble Company)° Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES~ COUNCILMEN: None ABSENT~ COUNCILMEN~ None The Mayor declared Resolution No° 69R-116 duly passed and adopted° DEEDS OF EASEMENT~ Councilr~an Clark offered Resolution Nos. 69R-117 to 69R-123, both inclusive, for adoption° Refer to Resolution Book. RESOLUTION NO. 69R-117: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR ROAD AND PUBLIC UTILITY PURPOSES° (City of Fuller- ton)° RESOLUTION NO. 69R-118: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Holstein Enterprises, Inc.) RESOLUTION NO. 69R-119: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A~TiHEIM ACCEPTINS EASEMENT GRANT DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES (Arnold D. and Irene Heth). ' RESOLUTION NO. 69R-120: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ALLEY AND PUBLIC UTILITY PURPOSES (Claude L. and Edith M. Sullivan)° ' RESOLUTION NO. 69R-121: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Jerry Victor Maler, Isodoro 'fa!her, and Clara Malher). RESOLUTION NO. 69R-122o A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (United California Bank and Marion Bo Malouf). RESOLUTION NO. 69R-123: A RESOLUTION OF THE CITY GOUNCIL OF THE CITY OF ANAHEIM ACCEPTING A DEED QUITCLAIMING TO THE CITY OF ANAHEIM CERTAIN REAL FROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY FURPOSESo (Purex Cor- poration, Ltd°) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN~ None ABSENT: COUNCILMEN: None The Mayor declared Resolution Nos° 69R~117 to 69R-123, both inclu- sive, duly passed and adopted° 69-129 ~it~ Hall~ Anaheim~ California - COUNCIL MINUTES - March 4~_1969~ 1:30 PoMo RESOLUTION NOo 69R-124; On recommendation of the City Attorney, Councilman Clark offered Resolution No. 69R-124 for adoption° Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM COMPROMISING CERTAIN EMINENT DOMAIN LITIGATION, ACCEPTING A CERTAIN EASEMENT DEED, AND AUTHORIZING AND DIRECTING PAYMENT THEREFOR° (Howard Po and Edna Bo Kogan - $866~70) o Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES; COUNCILMEN: None ABSENTg COUNCILMEN; None The Mayor declared Resolution No~ 69R-124 duly passed and adopted. ~L~RCHASE OF EQUIPMENT: The City Manager reported on recommended purchase of a special Hoist and Body for Street Department Patching Truck, and advised that the one manufacturer in this area, Gar Wood-Los Angeles Truck Equip- ment, Inco, has submitted a quotation for said equipment in the amount of $6,918.60, including tax, and thereupon recommended purchase be authorized° On the recommendations of the City Manager, Councilman Dutton moved that quotation of Gar Wood-Los Angeles Truck Equipment, Inc., be ac- cepted and purchase authorized in the amount of $C,918.60, including tax° Councilman Clark seconded the motion. MOTION CARRIED~ PURCHASE OF EQUIPMENT: The City Manager reported on the recommended purchase of a 6.5 foot Aerial Device and Line Truck Body, and advised that the one manufacturer, Jumbo Equipment Company, has submitted a quotation for said equipment in the amount of $34,168o84, including tax° He thereupon recom- mended purchase be authorized° On motion by Councilman Krein, seconded by Councilman Schutte, quotation by Jumbo Equipment Company in the amount of $34,168o84, including tax, was accepted as the lowest and best bid meeting specifications, and purchase authorized° MOTION CARRIED° PURCHASE: The City' Manager reported on the recommended purchase of Electric Meter Test -n~;'~,~ents, and advised that the one manufacturer, Knopp, Inc., of Oakland, California, has submitted a quotation for said equipment in the amount of $6,438~08, including tax~ He thereupon recommended purchase be authorized° On motion by Councilman Dutton, seconded by Councilman Schutte, said purchase was authorized in the amount of $6,438°08, including tax, from Knopp, Inc~, as the lowest and best bid meeting specifications MOTION CAR- RIEDo ~ PURCHASE OF GASOLINE: The City Manager reported that effective March 1, 1969, the new contract for the purchase of gasoline by the County of Orange will be with Shell Oil Company, using two distributors, as follows: For truck and trailer .-. (6,000 gallons minimum)~ "z;211 Oil Company, 24.5'7 Redondo Avenue, Long Beach, California I 90058 Costs; Regular - .1766 Premium - o1946 For less than truck and trailer: Roy Ao High, 316 East Santa Fe Avenue, Fullerton, California ~ 92632 Costs~ ~ Premium lo 40 - 199 gallons o2216 .239~ 2. 200 -399 gallons o2016 o2196 .3. 400 ~ or more .1916 °2096 The above costs are net and reflect as followsg Exempt -. Federal Tax of .04 per gallon Includes the State Tax of °07 per gallon 69-130 City Hall, Anaheim, California - COUNCIL MINUTES = March 4 1969 12__30 P.Mo Mro Murdoch noted that the above prices are guaranteed for one year, and Councilman Clark observed that although gasoline prices have risen, these prices are lower than those under last year's contract° On recommendation of the City Manager, Councilman Clark moved that the City of Anaheim join with the County of Orange for the purchase of gaso- line as outlined above° Councilman Schutte seconded the motion° MOTION CARRIED° CORRESPONDENCE: The following correspondence was ordered received and filed on mo- tion by Councilman Dutton, seconded by Councilman Clark~ ao Notice of Hearing before Public Utilities Commission - Applica- tion Nee 50792, Greyhound Lines, Inco and Western Greyhound Lines Division - request to increase mainline passenger bus fares and package express charges. b~ City of Long Beach Resolution Nee C~20415 - urging support of Senate Bill 4, introduced in the 1969 session of the State Legislature by Senator HoLe Richardson° co City of Long Beach Resolution No. C-20389 - expressing disap- proval of minors being permitted to cross the Mexican border into Mexico, un- less they are accompanied by a responsible aJulto do City of Costa Mesa Resolution Nee 69-17 ~ relating to Assembly Bill Number 236. e~ Before the Public Utilities Commission - application of Dyke Water Company to transfer a portion of its water service system and utility plant in Orange County to the City cf Garden Grove Water Corporation. fo State of California, Division of Highways - Second Quadrennial County' Roads and City Streets Progress and Needs Report° go Minutes - Meeting of Anaheim Public Library Board - January 20, 19690 MOTION CARRIED, ORDINANCE NO. 2643: Councilman Krein offered Ordinance Nee 2643 for adoption° Refer to Ordinance Book° AN ORDINANCE OF THE CITY OF ANAHEIM A~ENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (68-69-31 ~ C-1)o Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No° 2643 duly passed and adopted. ORDINANCE NOo 2644: Councilman Clark offered Ordinance Nee 2644 for adoption. Refer to Ordinance Book° AN ORDINANCE OF THE ]ITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING~ (68-69-52 - R-3). Roll Call Vote: AYES: COUNCILMEN: Dutton, Rrein, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No, 2644 duly passed and adopted° ORDINANCE NO. 264.7: Councilman Schutte offered Ordinance Nee 2647 for first read- ing, AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE REiATiNG TO ZONING, (61-62-106 - R~3)~ 69-131 City Hall, Anaheim~ Cnlifornia - COUN~CIL MINUTES - March 4 1969 1230 PoMo ORDINANCE NOo 2648~ Councilman Dutton offered Ordinance Noo 2648 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING~ (68~69-60 - R-A and ORDINANCE NO. 2649____5oo C©uncilman Krein offered Ordinance Noo 2649 for first reading~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING~ (67-68-4.5 - C-1)o 9RDINANCE NO, 2650: Councilman Dutton offered Ordinance No. 2650 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61 (21) - C-R - CUP NO. 1084). ORDINANGE NO. 2651~ Councilman ~rein offered Ordinance NO0 26.51 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONINGo (68-69-10 - C-l). ALCOHOLIC BEVERAGE LICENSE APPLICATIONS: The following applications were pre- sented by the City Manager to the City Council for their i = ' n.~or;~atlon~ ao Application submitted by National Convenience Stores, Inc., and Marion Dorothea Young, for Off-Sale Beer and Wine, Person-to-Person Transfer, for Stop & Go Market, at 2176 West Broadway, C-1 zone. bo Application submitted by National Convenience Stores, Inc., for Off-Sale Beer and Wine, Person-to-Person Transfer, for Stop & Go Mar- ket, 2806 West Lincoln Avenue~ C-1 zone° co Application submitted by Edward Wesley Page, for Original On- Sale Beer, for The Key Club, at 133 North Anaheim Boulevard, C-2 zone° No Council action was taken on said applications. R~EQUEST FOR RESTRICTED PARKING - TEDMAR AVENUE AND LOARA STREET: Request for restricted parking on Tedmar Avenue, Adria Place and Loara Street, was con- tinued from the meeting of February 2,5, 1969, to this date, to allow inves- tigation and analysis by the City Attorney° Mro Geisler recommended that if the City Council wishes to con- sider restricting parking in the area it could be accomplished by the adop- tion of an ordinance and posting the area for two-hour parking only, or by adoption of a uniform ordinance which provides for no parking between the hours of 3~00 A~Mo and 6~00 A~M~, in any R-i zone within a certain distance of an adjoining R-3 area. At the conclusion of discussion, and by general consent of the City Council, the City Attorney was requested to prepare an ordinance for further Council consideration to provide for no parking between the hours of 3:00 AoMo and 6:00 A.Mo in any R-1 zone within 500 feet of an adjoin- ing R-3 area° SZA.&0 FOOD SERVICE, INCo - AME~NT TO AGREEMENT: On report and recommendation of the City Manager, the City' Council, by general consent, authorized an amendment to the agreement with Szabo Food Service, Inco of California, to provide for sales and services, such as novelties, souvenirs, etc., or the sub-contracting thereof, by Szabo Food Services, Inco Authorization was also granted to proceed on this basis during the interim, pending execution of said amendment. FEDERAL DISASTER ACT - PROPOSED APPLICATION FOR FEDERAL FINANCIAL ASSISTANCE: The City Manager presented, for Council consideration, a proposal to desig- nate an official representative o~ the City to execute an application for financial assistance under the Federal Disaster Act to pay for costs of re- pairing recent storm damage° 69-132 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 4 1969 1:30 PoMo RESOLUTION° Councilman Krein offered a Resolution for adoption, designating Paul Hayes of the Disaster Services Office to execute said application° Councilman Clark requested additional information beiore voting on the resolution offered by Councilman Kreino Mr~ Hayes stated that application for such funds would not deprive other areas~ ~ ;h as Silverado Canyon, of assistance; that all areas making application will be examined to determine whether they qualify for assistance; that strict control is c:~ercised in the administration of this Act, and all work is inspected by State Engineers and approved by the Federal Office of Emergency Preparedness. Councilman Clark asked Mro Hayes if he felt Anaheim is a disaster area, to which Mro Hayes replied he could not answer at this time~ as he did not know what the financial requirements of the City would be with respect to the additional expenditure of funds necessary to restore conditions to their original state. He estimated that the total cost of such expenses, which could be covered under this program, is in excess of $100,000.000 He felt that Anahei.~ suffered less damage than many other areas, and attributed this to good street and flood control design on the part of the City of Ana- heimo However, he pointed out that the damage which was sustained will have to be repaired and emphasized that only such storm-incurred damages would be covered under the application° In the ensuing Council discussion, Councilmen Schutte, Dutton and Clark expressed the opinion that the City of Anaheim could handle the ex- penses incurred as the result of storm damage, without Federal assistance° The foregoing Resolution failed to carry by the following Roll Call Vote: AYES~ COUNCILMEN: Krein NOES: COUNCILMEN: L.~tton, Schutte, Clark and Pebley ABSENT: COUNCILMEN: None APPOINTMENT - DEPUTY CITY CLERK: The City Clerk announced the appointment of Linda Do Roberts as Deputy City Clerk, serving without pay, to act in the absence of the City Clerk and Deputy City Clerk, Aloha Mo Farrens° On motion by Councilman Krein, seconded by Councilman Clark, said appointment was unanimously ratified by the City Council~ MOTION CARRIED. PROPOSED LEASE OF CITY-OWNED PROPERTY - ROYAL INNS, INC,i The City Attorney re- ported that agreement had been reached ~*th attorneys of Royal Inns, Inc. of America, that the proposed lease agreement will include a provision that when room rentals average $4,000.00 per room per year, construction of the second 500-room tower will commence within two years; however, if ~ ~ime interest rate during that period is in excess of 7½% an additional two years will be allowed, at the end of which time the City's percentage of rentals will be increased by 20% of the total rental, until construction of the second tower is commenced~ The City Council indicated general agree~ ~nt with the inclusion of this provision, and the City Attorney indicated documents would be completed within the next week for further Council consideration~ BURRIS SAND PIT - PROTECTION OF SANTA ANA RIVER BANK: Councilman Schutte requested a status report on action taken to protect the property near the Burris Sand Pit° The City Attorney reported that he is in touch with the Flood Control District Engineer, Mr. Osborne, and the Director of Public Works is working closely with him and cooperating in every way possible to maintain a dyke to protect the property in this area° 69~133 ~ity Hall, Anaheim, California .~ COUNCIL MINUTES - March 41~_~969 1~30 PoMo REQUEST FOR CROSSING GUARD .- DALE AVENUE AND STONYBROOK DRIVE~ Councilman Clark requested the placement of a "Stop When Occupied" sign be authorized in the crosswalk at the intersection oi' Dale Avenue and Stonybrook Drive, pending the outcome of a study to determine whether warrants are met for a crossing guard at this location° (Requested at the meeting of February 18, 1969) o The City Engineer reported that studies of the area have been com- pleted, and a report is being prepared with the recommendation that no cross- ing guard be assigned at this location° He further recommended that no sign be placed in aha crosswalk because of the potential hazard to cars and pedes- trians, and because of the difficulty cf moving such signs into and out of the street at the proper times~ During Council discussion it was observed that the principal of the Baden Powell School may be willing to assume the responsibility of plac- ing the sign in the crosswalk; and Councilman Clark volunteered to remove the sign if necessary. Councilman Clark moved that placement of the sign in the crosswalk at Dale Avenue and Stcnybrook Drive be authorized. Councilman Schutte sec- onded the motion° MOl ION CARRIEDo (Councilman Dutton 'voted "No" to the fore- going motion, on the basis that it did not conform to the recommendations of the Engineering Department~) ORDINANCE NO° 2631: Dr~ W.N~ Townsend~ of the International Travel and Trailer Clubs of America, addressed the City Council, requesting that Ordinance Noo 2631 (relating to removal of Abandoned~ Wrecked, Dismantled or Inoperative Vehicles or Parts Thereof) be amended as proposed at the meeting of Fel.ruary 4, 1969, by deleting the word "Inoperative" wherever it may appear. He noted that the word is not defined in the State Vehicle Code, and the local chapter of the organization he represents has criticized the fact that it has not been deleted as proposed° Mayor Pebley left the Council meeting, (4~00 PoM~), and Mayor Pro- Tem Schutte assumed Chairmanship of the meeting° The City Attorney explained that preparation of an amendment was authorized to allay public concern regarding the intent of the Ordinance; however, public discussion was subsequently held February 18, 1969, at which time it was felt that the meaning of the word "Inoperative" is sufficiently definite and certain, and that most people understand what it means. He advised that the terminology used in the Ordinance is the same as that used in the State Vehicle Code; that if a definition of the word "Inoperative" is included in the Ordinance that is di£ferent from a Court interpretation of the word as found in the State Vehicle Code, the Ordinance is invalid; and that if the word "Inoperative" is felt to be a problem, it should be dealt with at the State level~ rather than in the City of Anaheim. Dr~ Townsend indicated that the motives of the City Council are not being questioned, but he felt that since other cities follow Anaheim's lead in such matters the amendment of this Ordinance would have an effect on other cities contemplating the same type of action° He stated that it is the intent of his organization to take the issue to the State level~ Councilman Krein left the Council meeting, 4~10 PoMo In the ensuing Council discussion it was stated that removal of the word "Inoperative" from the ordinance would be beth unnecessary and un~ wise, in view of the fact that the intent ~ the City Council has been amply expressed; and that the present w©rding confcrms tc that of the State Vehicle Code° The City Attc. rney assured Dr~ Tc, wnsend that he expected no diffi- culties tc arise in the enforcement of the ordinance, and invited him to contact his office if any prcb!em did arise~ Councilman Clark also noted that any person prosecuted under the prcvisi~ns of the ©rdinance would be protected by the expressed intent ~f the f~ity Council.: 69-134 City Hall~ Anaheim, California - COUNCIL MINUTES ~ bl~rch 4~ 1:.30 PoMo At the conclusion of discussion it was agreed that no further tion would be taken on the matter at this time° ADJOURNMENT: Councilman Clark moved to adjourn0 Councilman Dutt©n seconded the motion. MOTION CARRIED. ADJOURNED: 4: 17 P.M. SIGNED City Clerk City Hall, Anaheim, California - COUNCIL MINUTES - March 11, 1969, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley (entered the meeting at 2:00 P.M.). ABSENT: COUNCILMEN: None PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Will~ams CITY ENGINEER: James P. i. mddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Pro-Tem Schutte called the meeting to order. INVOCATION: Reverend Bergeson, of Martin Luther Hospital, gave the Invoca- tion. FLAG SALUTE: Councilman Dutton led the Assembly in '.~%a Ple~.~ of Allegiance to the Flag. PROCLAMATION: Proclamation proclaiming the week of March 10 to 15, 1969, as "American Legion Week," was unanimously ratified. INTRODUCTION OF NEW EMPLOYEES: David Hill, of the City Personnel Department, introduced new employees attending the Council meeting as part of the City's Orientation Program. The Mayor Pro-Tem welcomed the new employees to the City Family. MINUTES: Minutes of the Anaheim City Council meeting held February 25, 1969, were approved on motion by Councilman Krein, seconded by Councilman Dutton. 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 w~/ver of reading is hereby given by all Councilmen, unless after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Dutton seconded the motion. MOTION UNANI- MOUSLY CARRIED.