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1969/08/0569-497 City Hall, Anaheim~ California - COUNCI~ MINUTES - August 5, 1969, lg30 PoMo The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Dutton, Krein, Pebley and Clark ABSENT: COUNCILMEN: Schutte PRESENT: CITY MANAGER: Keith A. Murdoch ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Williams CITY ENGINEER: James P. i Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES~ Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Clark called the meeting to order° INVOCATION: Reverend Paul Keller, of the First Presbyterian Church, gave the Invocation° FLAG SALUTE: Councilman Dutton led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATIONS: The following Proclamations were issued by Mayor Clark and unanimously approved by the City Council: "Family Reunion Day" - August 10, 1969 "Law and Morality Week" - August 11 - 18, 1969. MINUTES: Minutes of the Anaheim City Council meeting held July 22, 1969, were ap- proved on motion by Councilman Pebley, seconded by Councilman Dutton~ MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Dutton 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 Pebley seconded the motion. MOTION UNANI- MOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE ~ITY: Demands against the City, in the amount of $131,837.92, in accordance with the 1969-70 Budget, were approved° PRESENTATIONS BEFORE THE CITY COUNCIL - TIME LIMIT: Pursuant to Council discussion held July 29, 1969, Mayor Clark announced that a trial period will be observed in which presentations before the City Council from the public will be limited to five minutes. CONTINUED PUBLIC HEARING - VARIANCE NO., 2085: Submitted by Hugas Corporation, re- questing waiver of maximum permittled height of a free-standing sign on C-1 zoned property located at the northwest corner of Riverdale Avenue and Jeffer- son Street. The City Planning Commission, pursuant to Resolution Noo PC69-120, denied said variance application. Appeal of action taken by the City Planning Commission was filed by Ernest Pelitier, of Atlantic Richfield Company° Public hearing was continued from the meeting of July 8, 1969, at the request of Mr. Adnan Khatib, of Atlantic Richfield Company. Zoning Supervisor Charles Roberts noted the location of the subject property, currently zoned C-I, and described the surrounding land uses and zoning in the immediate area; C-i zoning to the east, across Jefferson Street, and R-3 development to the south, and R-1 development to the southwest in the City of Orange. 69~498 City Hall~ Anaheim~ Calif~rnlia - COUNCIL MINb~IES -. Au u~_t__~_1969, 1;30 Under pr~visions cf the Sign Ordinance a 25-foot height limi~ tation exists, due to the proximity ~,f the site to, residential land useso The Applicants, however~ feel that the additional height is necessary in order to achieve exposure to the Riverside Freoway~ approximately 600 ~eat to the east~ Distances from freeway offr~.mps were noted, being 1,600 feet and 1/2 mile respectively from the Riverside and Newport Freeways~ It was felt by the Applicants that the sign would be visible to traffic traveling in both directions c~n the Riverside Freeway, as evidenced by photographs submitted with a sign superimposed therec~no In considering the evidence submitted, the City Planning C~ mission determined that the service station was not freeway-oriented, therefore, signing should not be allowed for identification from the free= way; the Applicants failed to prove that a hardship existed; and the re~ quested waiver was a privilege not enjoyed by others~ Mayor Clsrk asked if the Applicant wished tc address the Council~ Mr~ Adnan Khatib, cf the Atlantic Richfield Corporation, sub- mitted an aerial ph~tograph indicating the location of the site relative to the Riverside Freaway~ He stated that according to the City Planning Commissiom the intent ~>f the Sign Ordinance was to prevent the reflection of lights into residences~ however, with the sign facing in the direction of the Freeway snd river, as pr~pcsed, n~ light will be directed t~. the residential area~ Councilman Dutton noted that people also object to seeing signs from their property during daylight hours, as well~ Mr. Khati~. replied that a 25-foot sign conforming to the Sign Ordinance, but turned in the direction of the homes, would be more objec- tionable than the proposed 60-~fo~t sign~ A service station was felt tc~ be the best use ~f the land, due to its unusual size and shape and l©ca~ tion. Mr. Khatib related his experience in another city where a simi~ lar sign had been appr~oved by the City Council and people were very satis- fied with it. He stated that approval of the proposed sign wo~ld allow exercise of the owner's property rights~ He advised that according to past experience a sign increases the volume of business at a given service station location, and he felt that it would not be detrimental to the pub- lic welfare, as evidemced by the lack of opposition~ Councilman Dutton observed that the public expects the City Coun- cil to adhere to established ordinances~ He felt that a 25-foot sign would be visible from the £~reewayo oil, Mayor Clark asked if any6ne else wished to address the City Coun~ Mr~ Oscar Whiteb~o~ik addressed the Ce, uncil on behalf of interested property owners on both sides ~f the subject property, (Robert Quick and United Winston Cc~rporation) wh© were in ~avor of the proposed.sign~ He felt that he alsc~ represented a segment of the general public° Mr. Whitebcok felt that the City Council should judge the issue independently of the City Planning Commission, so as to not "rubber stamp" their decisions~ that the City Ccuncil can afford to be fair to all parties concorned~ Councilman Pebley asked if' Mro Whitebook did not think the City Planning Commission tried t~ be fair t? all parties concerned° Mro White- book replied that the City Planning C~mmissicn may have a stronger' sense of identification with the P]a. nnJ. pg Stsff, and did not rec~gnize the pra.8- matic aspect which the ??w~er re~,re$~nt 69-499 City Hall, Anaheim, Californ{.a - COUNCIL MINL~fES ~ Au~i~30 PoM. Mr. Whitebook noted the location of the subject property on the General Flan Map and stated that for all practical purposes the Jeffers©n Street Bridge north of Riyerdale Avenue~ is an extension of the freeway offramp; that the subject property has freeway exposure and pe©ple may be looking for that type of service station because they hold a credit card° He felt that if residents of the surrounding area had a real interest in the ap- plication they would have appeared at either the City Planning Commission pub- lic hearing or this meeting, as many of them had received nctiCeSo He advised that neither he nor the property owners he represented had a direct financial interest in the subject property; that it was sold not leased to the pres- ent owners, ' Councilman Dutton advised that the Sign ~)rdinance received a great deal of study before its adoption, and that representatives of interested groups participated in discussions and agreed it was in the best interests of the City of Anaheim° He felt that a 25~foot sign on the subject property would enjoy an unobscured view from the freeway~ and since the service station was not freeway-oriented, appr~3'val of this variance would be granting an ad~ vantage not enjoyed by others~ Mr~ Whitebock felt the question at hand was whether the site was a freeway-oriented location~ It was his opinion that the service station was freeway-oriented, as opposed to the point of view expressed by the City Plann- ing Commission~ Councilman Pebley was cf the opinion that if the subject request was granted future developments adjacent to the property would then request the same consideration, for which there wcuid be no basis for denial. Mr. Whitebook was of the opinion that each application must be judged according to its own merit~ The City Attorney reminded the City Council that Mro Whitebook's time had expired and the information he was presenting was not in answer to Council questions~ Mayor Clark asked if anyone else wished to address the City Council. Mr~ Ernest F~ Pelitier, representing Atlantic Richfield Corporation, was of the opinion that the service station was ~reeway-orientedo Experiments made with a simu~ted sign indicated that 60 feet was the most desirable height for visibility from the freeway, and that a 200-square foot sign placed only 25 feet from the ground would not be aesthetically sound° ~ Mayor Clark asked if anyone wished to present evidence in opposition. receiving no response, he declared the hearing closed~ ' Mayor Clark advised that although he has no prejudice in the subject application, he would like a ruling from the City Attorney regarding the possi~ bility of a conflict of interest, since he is a Richfield dealer~ The City Attorney advised that any interest that may exist should be disclosed, which the Mayor had already dc~ne; that such interest in this im- stance was not financial in nature, but involved the possibility of being placed in an embarrassing position as a result of his vote, and he may wish to disqualify himself, for that reason~ Mayor Clark indicated he would abstain from voting on that basis° RESOLUTION NO. 69R-452: Councilman Pebley offered Resolution No~ 69R-452 for adoption, denying Variance No, 2085 as recommended by the City Planning Com- mission. ' Refer to Resolution Bcok. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2085. 69-500 City Hall, Anaheim, California - COUNCIL MINIFCES ~ August 5~ 1969~ 1:30 PoMo Roll Call Vote: AYES: COUNCILMENg Dutton, Krein and Pebley NOES: COUNCILMEN: None ABSTAINED: COUNCILMEN: Clark ABSENT° COUNCILMEN~ Schutte The Mayor declared Resolution Noo 69R-452 duly passed and adopted~ CONDITIONAL USE PERMOT NOo lp24 - EXTENSI©N OF TIME: Request of Charles Hulen, of Dunn Properties CorpOrati©n~ was submitted for an extension of time to Conditional Use Permit No~ 102L,, Als~ submitted were reports of the Devel- opment Services Department and City Engineers On motion by Councilman Krein, seconded by Councilman Pebiey, a six-month extens~c,n of time was granted to said Conditional Use Permit, to expire December 5, 1969~ as recommended~ MOTION CARRIED~ REQUEST - RECLASSIFICATION NOo 59-60-28; Request c~f Samuel E~ Hart, of Samuel Eo Hart Associates, for permission to> expand an existing facility by con- struction of a Childrens Supermart was submitted, together with reports of the City Engineer and Develc, pment Services Departmento On motion by Councilman Dutton, seconded by Councilman Krein, said request and revised plans were approved, subject to the exclusion ,of the outdoor display area o MOTION CARRIED~ gEQUEST - TRACT NO~ 2637:: Request c:f Fra,k M~ Harlem, Jr., for Forest E~ Ols~n, Inc., Realtors, f~:~r cancellation of restrictions affecting Lots 3, 4, and 5, of Tract Noo 2637 (Reclassificati~n Nos~ 56-57-30 and 68-69-24) was sub- mitted, together with reports of the Assistant City Attorney and Develop- ment Services Department~ On motion by Councilman Dntton, seconded by Councilman Pebley, cancellation of declarations of restrictions affecting Lots 4 and 5 of Tract No~ 2637 were authorized, and denied on Lot 3, as it would be neces- sary to hold public hearing in order to accomplish cancellation of restric- tions on said lot~ SIDEWALK WAIVER - 1645~ 1655~ 1665 and 1705 CL_AUDINA STREET~ ANAHEIM; Request of Mro H~Eo Balmer for temporary waiver of sidewalks on property located at 1645, 1655, 1665 and 1705 Claudina Street, was submitted together with recommendations o~ the City Engineer that said request be granted, subject to the condition that no permanent planting or permanent-type improvements be permitted within the area reserved [or luture sidewalks° On motion by Councilman Dutton, seconded by Councilman Pebley, said request was granted as recommended by the City Engineer. MOTION CARRIED~ SIDEWALK WAIVER - 620 EAST KATELLA AVENUE, ANAHEIM: Request of Mro Nathan Smooke for temporary waiver of sidewalk on property located at 620 East Katella Avenue was submitted, together with recommendation of the City Engineer that said request be granted, subject to the condition that no permanent planting or permanent-type improvement be permitted within the area reserved for future sidewalR. On motion by Councilman Dutton, seconded by Councilmmn Pebley, said request was granted, as recommended by the City Engineer~ MOTION CARRIED. CITY PLANNING COMMISSION ITEM~ Actions taken by the City Planning Commission at their meeting held July 14, 1969, pertaining to the following applica- tions were submitted for City Council information and considerationg VARIANCE NO. 2095: Submitted by Lewis and Judith Eo Schmid, to develop a one and two-story, 108-uni~ apartment complex, with waivers of maximum distance of a dwelling unit from a standard street, accessory building set- back, minimum distance between buildings, number of main structures on a 69-501 C_ity Hall~ Anaheim~ California - COUNCIL MINUTES - Au ~u~2~ 1:.i~)0 P.M. site, minimum number of covered parking stalls, and maximum distance between dwelling units and required parking ,..;cal?s~ R-.~ zoned property., generally cated on the west side of State College Boulevard, north of Ball Road. The City Planning Commission, pursuant to Resolution No~ PC69~148, granted said variance, subject to conditions° VARIANCE NO, 2098: Submitted by F.A. Nellesen, to establish two single-family residence lots with waivers of minimum lot width and minimum lot area on R-1 zoned property located on the east side of Cherry Way, south of Romneya Driw~. The City Planning Commission, pursuant to Resolution No~ PC69-149, granted said variance, subject to conditions° VARIANCE NO. 2099° Submitted by Royal Coach Motor Hotel of Anaheim, Incor,- porated, to establish two free-standing signs i©r a proposed motor motel, with waivers of maximum permitted height of a free-standing sign, maximum permitted sign area, and minimum height c~f a free-standing sign from the ground; C-R zoned property located at the northeast corner of" Ball Road and West Street~ The City Planning Commission, pursuant tc Resolution Noo PC69-1.50, granted said variance, subject to cc, nditions. VARIANCE NO. 2103: Submitted by Barclays Bank oi California, to establish an additional free-standing sign, with waivers o~z maximum number of free-standing signs, minimum distance betweem two free-standing signs, and maximum height of a free-standing sign; R-A zoned property, l©cated at the southwest corner of Katella Way' and Mountain View Avenue, (Resolution of Intent to zone C-1 68 69-90)o , The City Planning Commission, pursuant to Resolution Noo PC69-151 granted sa.id variance, subject to conditions~ ' CONDITIONAL USE PERMIT NO. 1079; Submitted by Ar'enal Motel, requesting an extension of time on property located on the east side of Beach Boulevard, north of Orange Avenue~ The City Planning Commission, by motion, granted a 6-month extension of time, to expire December 16, 1969. 9ONDITIONAL 'USE PERMIT NOo 1123: Submitted by L. Kenneth Heuler, et al, to establish a 100-bed convalescent rest home on R.-A zoned property', generally located on the north side cf La Palma Avenue, east of Euclid Street° (Reso- lution of Intent to zone C-(?, 66-67-75)~ The City Planning Commission, pursuant to Resolution No. PC69-152, granted said conditional use permit, subject to conditions° The foregoing actions were reviewed by the City Council and no further action taken~ Councilman Krein requested the record to show that he abstained from consideration on Conditional Use Permit No. 1123 above, CONDITIONAL USE PERMIT NOo 1124; Review of action taken by the City Planning Commission was requested by' Councilman Clark. and public hearing ordered to be scheduled. RESOLUTION NO. 69R-453 - WORK ORDER NO. 419; Councilman Pebley offered Resolution No. 69R-453 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CIIY COUNCII~ OF THE CITY OF ANAHEIM FINDINC AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT~ THE IMPROVEMENT OF VERMONT AVENUE, FROM AP- PROXIMATELY 960 FEET EAST OF DAKOTA STREET %O APPROXIMATELY 278 FEET EAST THEREOF, IN THE CITY OF ANAHEIM, WORK O~DER NO~ 419~ APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WiTH SAiD .PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERR TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF (Bids to be Opened - August 28 1969 2:00 PoM.). ~ , , 69-502 Qity Hall, Anaheim, Californ$a - COUNCIL MINUTES ~ August. 5, 1969~ 1:30 P.:!. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte The Mayor declared Resolution Nee 69R-453 duly passed and adopted. RESOLUTION NO 69R-454 - WOR ORDER NO · ~ 561-A: Upon receipt of certification from the Director of Public Worksl Councilman Dutton offered Resolution No. 69R-454 for adoption. Refer to Resol!ution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL FLANT,'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 COMFLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: FURNISHING AND INSTALL- ING TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF EAST STREEI AND ROMNEYA DRIVE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 561-A~ (E Do Johnson & Company)~ ' Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte The Mayor declared Resolution Nee 69R,454 duly passed and adopted. WORK ORDER NO. 424: The City Clerk reported no bids were received for the Lincoln Avenue Bridge repair (Work Order Nee 424)° On recommendatio, of the City Engineer, Councilman Krein meved that specifications be revised as reported~md call for bids be readver-~ tised. Councilman Pebley ~seconded the .motion. .~MOTION CARRIED. DEEDS OF EASEMENT: Councilman Pebley offered Resolution Nos. 69R-455 to 69R- 465, both inclusive, for .adoption. Refer to Resolution Book. RESOLUTION NO. 69R-455: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PUR- POSES. (Donlan Corporation)° RESOLUTION NO. 69R-456: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PUR~ POSES° (Margaret L. Niquette). RESOLUTION NO. 69R-457: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC~ UTILITY PURPOSES° (C~ Darle and Betty D. Hale, Howard H. and Florence Hungerford, and Robert R. Allen). RESOLUTION NO. 69R-458: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR WATER LINE AND METER VAULT PURPOSES. (Robert L. Mayer). 69-503 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1969~ 1:30 PoMo RESOLUTION NO. 69R-459: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CER~ TAIN REAL PROPERTY FOR AN EASEMENT FOR POLE AND ELECTRIC POWER LINE PURPOSES (Robert Lo Mayer). · RESOLUTION NO. 69R-460: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR POLE AND ELECTRIC POWER LINE PURPOSES. (Nicholas and Lucy Barletta). RESOLUTION NO. 69R-461: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CER- TAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES (John R. and Sandra L. Balaam) o ° RESOLUTION NO. 69R-462: 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 WATER LINE AND METER VAULT PURPOSES (International Management Corporation). ' RESOLUTION NO. 69R-463: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT D~ED CONVEYING TO THE CITY OF ANAHEIM CER- TAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES (Gladys T. Poyet). · RESOLUTION NO. 69R-464: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CER- TAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES (Myrna Myron)~ o RESOLUTION NO. 69R-465: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CER- TAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Elmer F. Ward, Randolph F. Winters, William Wo Buckley and Carl Mo Berg). Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte The Mayor declared Resolution Nos° 69R-455 to 69R-465, both inclu- sive, duly passed and adopted~ CONDITIONAL DED~ATIONS: Councilman Pebley offered Resolution Nos. 69R-466 and 69R-467 for adoption. Refer to Resolution Book. RESOLUTION NO. 69R-466: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A CONDITIONAL DEDICATION OF LAND FOR ROAD AND PUBLIC UTILITY PURPOSES. (Harold E. and Eileen E. Graham) RESOLUTION NO. 69R-467: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A CONDITIONAL DEDICATION OF LAND FOR ROAD AND PUBLIC UTILITY PURPOSES, ~Ch@rles M~ }-tarrison and William Ho Dial - Commercial Properties Assoczatzon). Roll Call Vote: AYES' COUNCILMEN: Dutton, Krein, Pebley and Clark NOES: COUNCILMEN: None ABSENT. COUNCILMEN: Schutte The Mayor declared Resolution Nos. 69R-466 and 69R-467 duly passed and adopted. 69-504 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 5, 1969~ 1:30 P.Mo RESOLUTION NO. 69R-468: On recommendation of the City Attorney, Councilman Dutton offered ResolutiOn No. 69R-468 l'or adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COL~CIL OF THE CITY OF ANAHEIM AMENDING RESOLU- TION NO. 69R-394 NUNC PRO TUNC TO INCORPORATE AUTHORIZATION FOR PAYMENT. (Mohawk Data Sciences COrporation -. $8,963°77 - Extension of Lewis Street) Roll Call Vote: AYES: COb~CI~MEN: Dutton, Krein, Pebley and Clark NOES: COUNCISMEN: None ABSENT: COUNCILMEN: Schutte The Mayor declared Resolution Noo 69R-468 duly passed and adopted, PURCHASE OF EQUIPMENT: The City Manager reported on the necessary purchase of a Mobile Sweeper, and advised the only manufacturer meeting specifications, Kemp Yorke Equipment Company, has subm~tted~a quotation for said equipment in the amount of $13,407'.75, including tax. On the recommeindation of the City Manager, Councilman Krein moved that the bid of Kemp Yorke Equipment Compapy be accepted and purchase authorized. Councilman Dutton seconded the motion. , MOTION CARRIED CLAIMS AGAINST THE CITY: The following claims were denied, as recommended by the City Attorney, and ordered referred to the insurance carrier, on mo- tion by Councilman Dutton, seconded by Councilman Krein: a. Claim of Mr. Frank C. Beck, for personal property damages purportedly s~stained as a result of a storm ditch installation~ b. Claim of Mr. Theodore Ao O'Connor, for damages purportedly resulting from false arrest and false imprisonment on or about January 2, 1969. ' ~. MOTION CARRIED. RESOLUTION NO. 69R-469: Councilman Pebley offered Resolution No. 69R-469 for adoption° Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONFIRMING THE ITEMIZED WRITTEN REPORT OF THE SUPERINTENDENT OF STREETS SHOWINGTHE COST OF WEED ABATEMENT IN FRONT OF OR ON EACH SEPARATE PARCEL OF LAND LOCATED IN THE CITY WHERE SUCH WEEDS HAVE BEEN REMOVED OR ABATED BY THE CITY AND DIRECTING THE FILING OF A CERTIFIED COPY THEREOF WiTH THE COUNTY AUDITOR. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte The Mayor declared Resolution No. 69R-469 duly passed and adopted. RESOLUTION NO. 69R-470: Councilman Dutton offered Resolution No. 69R-470 for adoption. Refer to Resolution Book. A RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF ANAHEIM DISSOLVING FREEWAY PARK LIGHTING DISTRICT. Roll Call Vote: 69-505 City Hall~ Anaheim~ California - COUNCIL MINUTES - Ausust 5~ 1969~ 1:30 P.Mo AYES: COUNCILMEN: Dutton, Krein, Pebley and Clark NOES° COUNCILMEN: None ABSENT: COUNCILMEN: Schutte The Mayor declared Resolution No. 69R-470 duly passed and adopted. LOCAL AGENCY FORMATION COMMISSION - ESTABLISHMENT OF LOGICAL BOUNDARIES - ANAHEIM AND YORBA LINDA: Local Agency Formation Commission Resolution No. 69-95, regard- ing the logical future boundaries of the Cities of Anaheim and Yorba Linda was submitted, determining that Esperanza Road shall constitute the southern boundary of the City of Yorba Linda in the Santa Ana Canyon Area, and that Imperial Highway shall constitute the eastern boundary of the City of Anaheim to the point where said highway crosses the Santa Aha River, and the south bank of the Santa Ana River shall, from that point, constitute the northern boundary of said City to the east of Imperial Highway° The City Manager reported that he was present at the May 28th meet- ing of the Local Agency Formation Commission, and that although he did not question the authority of the Agency to make a determination, he questioned the logic of it. He noted that the Agency was authorized by the City Council to make a study and conduct a hearing in order to make a determination as to what jurisdictions should logically serve the area in question. Not a single property owner in the area had indicated the desire to be served by the City of Yorba Linda, yet they were not given an opportunity to express their feel- ings at a public hearing° The City Attorney reported on a recent case involving the City of Modesto, in which the Court ruled that the L.AoFoC. did not have ~he power to establish future city boundary~lines and. that this would be an illegal exer- cise of power. They do have the authority to Bake studies involving service to an area such as sewers and the logical extension thereof to be used as a guideline for cities in considering a potential annexation. MOTION: On motion by Councilman Krein, seconded by Councilman Dutton, the City Manager and City Attorney were instrt~cted to draft a letter for Council approval to the Local Agency Formation Commission, expressing the City's po- sition in this matter. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed, on motion by Councilman Pebley, seconded by Councilman Dutton: a. Minutes - Anaheim Public Library Board - June 16, 1969. bo City of San Juan Capistrano - A Resolution supporting the en- actment of legislation to allow 1970 Census Questionnaire replies to be on a voluntary basis. c. City of Newport Beach - A Resolution relating to providing and protecting public access to the shoreline, and obtaining beach land for the public domain whenever possible° MOTION CARRIED. ORDINANCE NO. 2708: Councilman Dutt0n offered Ordinance N0~ 2708 for adoption. (To become effective 45 days from this date.) Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE BY AMENDING CHAPTER 18.28, SECTION 18.28.050 THEREOF, RELATING TO ZONING. (Site Development Standards) Roll Call Vote: 69-506 City Hall, Anaheim, Californ%a - COUNCIL MINOTES - August 5~ 1969, 1:30 PoM. AYES: COUNCILMEN: Dutton, Krein, Pebley and Clark NOES' COUNCILMEN: None ABSENT: COUNCILMEN: Schutte The Mayor declared Ordinance No. 2708 duly passed and adopted. ORDINANCE NO. 2709: Councilman Krein offered Ordinance No. 2709 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY!OF ANAHEIM AMENDING ORDINANCE NO. 2701 PERTAIN- TO RECLASSIFICATION NO. 68-69-81 NUNC PRO TUNC TO CORRECT A TYPOGRAPHICAL ERROR. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte The Mayor declared Ordinance No. 2709 duly passed and adopted. ORDINANCE NO. 2710: Councilman Pebley offered Ordinance No. 2710 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14o56 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SECTIONS 14.56.050, 14.56.060, 14.56.070 AND 14.56.080, RELATING TO CONTROL OF TRAFFIC TURNING MOVEMENTS (No Left Turn - Ball Road). ' Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schut te The Mayor declared Ordinance No. 2710 duly passed and adopted. ORDINANCE NO. 2711: Councilman Dutton offered Ordinance No. 2711 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO PARKING. (No Parking - Lincoln and Brookhurst) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte The Mayor declared Ordinance No. 2711 duly passed and adopted. ORDINANCE NO. 2712: Councilman Krein offered Ordinance No. 2712 ~f°r~'adoPtion. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (68-69-53 - C-l) Roll Call Vote: AYES: COUNCILMMN: Dutton, Krein, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte The Mayo~~ declared Ordinance No. 2712 duly passed and adopted. 69-507 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1969, 1:30 P~Mo ORDINANCE NO. 2713: Councilman Pebley offered Ordinance No. 2713 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 ~OF THE ANAHEIMMUNiCIPAL CODE RELATING TO ZONING. (66-67-61(33) - C-R) ~- Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte The Mayor declared Ordinance No. 2713 duly passed and adopted. ORDINANCE NO. 2714: Councilman Krein offered Ordinance No. 2714 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING° (61-62-69(33) - M-l) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte The Mayor declared Ordinance No. 2714 duly passed and adopted. ORDINANCE NO. 2715: Councilman Pebley offered Ordinance No. 2715 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 8, CHAPTER 8.08, SECTION 8.08.030 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DOGS AND OTHER DOMESTIC ANIMALS. ' ORDINANCE NO. 2716: Councilman Clark offered Ordinance No. 2716 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (68-69-61 - R-3) REQUEST TO BAG PARKING METERS - DOWNTOWN MERCHANTS: Request of the Downtown Mer- chants to cap parking meters on the date of August 15, 1969, was approved on the recommendation of the City Mmnager, on motion by Councilman Pebley, seconded by Councilman DuttOno MOTION CARRIED. ANAHEIM CHAMBER OF COMMERCE - CIVIC CENTER DEVELOPMENT COMMITTEE: The City Manager reported on a request received from the Anaheim Chamber of Co'mmerce, Civic Cen- ter Development Committee, for cooperation of the City Council in arranging for presentations from representatives of the appropriate agencies to facili- tate their study of the various problems of civic center development, includ- ing financing. The Committee indicated its desire to investigate all types of financing available, including private funds, as well as the possibility o~ City, State and Federal participation° It was noted that representatives of the Housing and Urban Development Agency would not appear before such a group, unless th~ r~qu~st is cleared through the City Council. Council discussion ensued, regarding the possibility that such a request on the part of the City Council would be construed as initiation of action to obtain Federal funds. The City Manager pointed out, however, that as members of the Redevelopment Agency the authority to approve any such recom- mendation for Federal funds, if it is forthcoming rests with the City Council itself. ' 69-508 City Hall, Anaheim~ California - COUNCIL MINUTES - August 5~ 1969,.. 1'30 P.M. It was agreed by general consent that action be deferred,~pend- lng receipt of an official letter of request from the Board of Directors of the Anaheim Chamber of Commerce, and it was emphasized by members of the City Council that City cooperation in the conduct of the proposed Study would in no way be interpreted as an indication of a willingness to accept Federal funds. RECESS - EXECUTIVE SESSION: ~On motion by Councilman Pebley, seconded by Coun- cilman Krein, the meeting was recessed to Executive Session, at the request of the City Attorney, to discuss potential litigation involving a personnel matter. MOTION CARRIED, (2:45 P.M.). ADJOURNMENT: At the conclusion of Executive Session, it was moved by Council- man Dutton, seconded by Councilman Krein, that the meeting be adjourned. MOTION CARRIED. ADJOURNED: 4:25 P.M. City Clerk Cit~ Hall, Anaheim, California - COUNCIL MINUTES - August 12, 1969, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Dutton, Krein, Pebley (entered the meeting, 1:35 P.M.), and Clark ABSENT: COUNCILMEN: Schutte PRESENT: CITY MANAGER: Keith A, Murdoch ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Williams CITY ENGINEER: James P. Maddox ZONING SUPERVISOR: Charles Roberts Mayor Clark called the meeting to order. INVOCATION: Reverend Wilkerson, of the Christian Center Church, gave the Invocation. FLAG.SALUTE: Councilman Krein led the Assembly in the Pledge of Allegiance to the Flag. INTRODUCTION OF NEW EMPLOYEES: Mr. Lee Sale, of the City Personnel Depart- ment, introduced new employees attending the Council meeting as part of the City's orientation program. Mayor Clark welcomed the employees to the City Family. ~INUTES: Minutes of the Anaheim City Council meetings held July 28 and July 29, 1969, were approved on motion by Councilman Dutton, seconded by Councilman Krein. ~4OTION CARRIED.