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1969/09/2369-584 _City Hall, Anaheim~ California - COUNCIL MINUTES - September 23~ 1969:1:30 P.M. The City Council of the City of Anaheim met in regular session° PRESENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark ABSENT: COUNCILMEN: None PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Williams CITY ENGINEER: James P. Maddox DIRECTOR OF DEVELOPMENT SERVICES: Alan Orsborn ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson 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 Dutton led the Assembly in the Pledge of Allegiance to the Flag~ PROCLAMATION: Mayor Clark proclaimed the month of October, 1969, "Anaheim Art Association Month." MINUTES: Minutes of the Anaheim City Council meeting held September 10, 1969, were approved on motion by Councilman Dutton, seconded by Councilman Schutte. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pebley moved to waive the reading in full of all ordinances and resolutions, and that con- sent to the waiver of reading is hereby given by all Councilmen, unless after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Schutte seconded the motion~ MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $1,450,460.19, in accordance with the 1969-70 Budget, were approved. CONTINUED PUBLIC HEARING - ANAHEIM GENERAL PLAN, 1969: Public hearing to consider the combined Housing, Commercial, Industrial and Community Facilities Ele- ments of the 1969 Anaheim General Plan, for the area generally bounded on the west by Holder Street, on the north by Yorba Linda Boulevard, on the east by Gypsum Canyon Road, and on the south by Chapman Avenue, was con- tinued from the meeting of July 29, 1969, for further Council study~ Director of Development Services, Alan Orsborn, submitted sum- maries of the information discussed at the joint study session between the City Council and City Planning Commission. Included in the summaries were changes recommended by the City Council and Administrative Staff,.which re- lated to policy changes regarding Engineering and Utilities, locations of Fire Stations, etc. It was suggested by Councilman Pebley that the public hearing be continued to give the City Council an opportunity to examine the summary of information submitted. The City Manager noted that Mr. John Collier, Director of Parks and Recreation, was present to discuss the proposed ac- quisition o£ additional property adjacent to the Sage Park site, and the City Council requested that he make his presentation at this time. Mr~ Collier posted a blue lirm drawing on the exhibit wall and distributed copies to the City Council, indicating the proposed land use site development plan for Sage Park. He noted that the proposed park de- velopment is in accordance with the Genera]. Plan and acquisition of the two additional parcels was recommended by the Citizens Capital Improvement Committee. 69-585 ~Anaheim~ California - COUNCIL MINUTES - S_~ptember 23 1969 1:30 P.M. The park site was noted to be situated on both sides of the Orange County Flood Control Channel, in the area generally located north and east of the intersection of Loara and North Streets. The projected site plan proposed development of a garden area approximately 4-1/2 acres in size, on the north side of the Channel, with 5 or 6 small "Gardens of the World", possibly repre- senting the countries of England, Germany, Italy, France, Japan, etc. Mr. Collier noted that there are many garden clubs and other organizations in the City who may wish to assume the responsibility of these gardens as a group project. The garden area could be used as a meeting place ~or garden clubs and other nature-oriented groups, as well as a botanical study area for schools. The location of the proposed park site was felt to be very good for a development of this type and it was noted that the formal garden areas would be fenced,to provide controlled access during daylight hours only. It was sug- gested by several Councilmen that the City charge admission to the gardens, as they could beoome a tourist attraction~ Mr. Collier advised that it would be possible to charge admission and noted that the cost of the additional land acquisition and improvements was not yet determined; that the information was offered for the purpose of considering the project in conjunction with the proposed 1969 General Plan. At the conclusion of Council discussion it was moved by Councilman Pebley, seconded by Councilman Schutte, that public hearing on the Anaheim General Plan, 1969, be further continued to the meeting of October 14, 1969, 1:30 P~M., to allow Council study of the information presented. MOTION CARRIED. PUBLIC HEARING - WEED ABATEMENT: Public hearing was held to receive any objections to the proposed removal of weeds, pursuant to Resolution No. 69R-494, relative to Weed Abatement in the City of Anaheim~ Mayor Clark asked if anyone present wished to address the City Council. Mr. Alfred Seehusen, 4355 Larwin, Cypress, stated he received a let- ter from the City of Anaheim regarding rubbish removal from property he owns in the City of Anaheim (Assessor's Parcel No. 79-571-04). He advised that the property had been disced once each year, and there are only a few boards lying at the rear of the parcel. He explained that the property has been sold and is in escrow and asked if he is liable for the removal of such rubbish by the City. The City Attorney advised that if the City performs the work, the co~t will be assessed as a special assessment and collected in the same manner as taxes; that whether he pays, or the buyer pays, it does constitute a lien against the property. Mr. Seehusen advised that the site will be under construction in the near future, that there were no weeds on the property, and he requested clari- fication of whether the boards were the rubbish to which the notice referred, and if it was necessary to remove them under the circumstances. Mr. Seehusen was referred to the City Engineer to obtain the clari- fication he requested. Mayor Clark asked if anyone else wished to address the City Council receiving no response, he declared the hearing closed. ' RESOLUTION NO~ 69R-527- Councilman Pebley offered Resolution No 69R-527 for adoption. ' Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT NO OBJECTIONS WERE MADE TO THE PROPOSED CUTTING AND REMOVAL OF RANK GROWTH AND WEEDS AND REMOVAL OF RUBBISH, REFUSE AND DIRT UPON ANY PARCEL OR PARCELS OF REAL PROPERTY OR ANY PUBLIC STREET IN THE CITY OF ANAHEIM; AND ORDERING THE SUP- ERINTENDENT OF STREETS TO CUT AND REMOVE SAID RANK GROWTH AND WEEDS AND REMOVE SAID RUBBISH, REFUSE AND DIRT, AND CHARGE THE COST OF SUCH CUTTING AND REMOVAL TO THE LOTS, PARCELS OR STREETS CLEANED. 69-586 City Hall, Anaheim, California - COUNCIL MINUTES - September 23: 1969~ 1:30 F.M~ Roll Call Vote: AYES: C6UNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES' COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No,~ 69R-527 duly passed and adopted. PUBLIC HEARING - ABANDONMENT NO. 69-11A: Public hearing was held on proposed abandonment of a portion of an existing roadway known as Nohl Ranch Road, and easements for public utility and drainage purposes, in the area of Nohl Ranch Road and Santa Ana Canyon Road, requested by the City Engineer, City of Anaheim; pursuant to Resolution No 69R-510, duly published in the Ana- heim Bulletin and notices thereof posted in accordance with law~ Report of the City Engineer was submitted recommending approval of said request, subject to Council acceptance of ~ easement deed; now held in trust by the City Attorney, dedicating former service road as a public road, and acceptance of grant deed covering the land contained in the drainage canal adjacent to the proposed, newly-dedicated roadway com- monly known as Nohl Ranch Road. Mayor Clark asked if anyone present wished to address the City Council, hearing no response, he declared the hearing closed. RESOLUTION NO. 69R-528' Councilman Krein offered Resolution No~ 69R-528 for adoption Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACA- TION AND ABANDONMENT OF A PORTION OF AN EXISTING ROADWAY FORMERLY KNOWN AS WALNUT CREEK ROAD AND PRESENTLY KNOWN AS NOHL RANCH ROAD AND EASEMENTS FOR ROADWAY, PUBLIC UTILITY AND DRAINAGE PURPOSES UPON, OVER, ACROSS, UNDER, ALONG AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY. (No. 69-11A) Roll Call Vote: AYES' COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-528 duly passed and adopted, RESOLUTION NO~ 69R-529: Councilman Krein offered Resolution No~ 69R-529 for adoption on recommendation of the City Engineer. Refer to Resolution Book~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR MUNICIPAL PURPOSES. (Louis E. Nohl) Roll Call Vote- AYES- COUNCILMEN' Dutton, Krein, Schutte, Pebley and Clark NOES' COUNCILMEN: None ABSENT' COUNCILMEN' None The Mayor declared Resolution No 69R-529 duly passed and adopted RESOLUTION NO~ 69R-530' On recommendation of the City Engineer, Councilman Krein offered Resolution No 69R-530 for adoption~ Refer to Resolution Book. 69-587 Cit Hall Anaheim California - COUNCIL MINUTES - September 231~_.~_~1:30 P.M. 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 EASE- MENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Louis E. Nohl) Roll Call Vote- AYES: COUNCILMEN' Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-530 duly passed and adopted. RECLASSIFICATION NO. 68-69-14 - EXTENSIO~ OF TIME: Request of Mr. J.W. Mc Michael, of The Mc Michael Company, Inc., for a six months extension of time to complete conditions of Reclassification No. 68-69-14, Parcels A and C was submitted, to- gether with reports of the City Engineer and Development Services Department~ On motion by Councilman Dutton, seconded by Councilman Krein, a six months extension of time was granted, to expire February 20, 1970, subject to the completion of Condition No. 2 (b), posting of the required improvement bond, within 30 days. MOTION CARRIED° TENTATIVE TRACT NO. 6688 - EXTENSION OF TIME: Request of John W. King, Jr., of M---~e~ ~n~ ~ As~oc~a~-~es~ I-~c.', ~a~ ~u~mitted for a one-year extension of time on Tentative Tract No. 6688. Report of the City Engineer was also sub- mitted, recommending said request be granted. On motion by Councilman Schutte, seconded by Councilman Pebley, a one-year extension of time was granted to Tentative Tract No 6688, as requested MOTION CARRIED. TENTATIVE TRACT NO. 6659~ REVISION NO. 2 - EXTENSION OF TIME: Request of Jeffrey Ho Millet, of Millet, King & Associates, Inc., for a one-year extension of time on Tentative Tract No. 6659 was submitted together with report of the City Engineer. ' On motion by Councilman Krein, seconded by Councilman Dutton, a one- year extension of time was granted as recommended by the City Engineer. MOTION CARRIED. ' ~pBLIC DANCE PERMIT: Application filed by John H. Ortman, Chairman, on behalf of the American Independent Party, Orange County Central Committee, for permit to conduct public dance on October 4, 1969, at the Anaheim Dance Center, 135½ West Lincoln Avenue, was submitted and granted, subject to provisions of Chap- ter 4.16 of the Anaheim Municipal Code, as recommended by the Chief of Poise, providing 2 Anaheim Police Officers and 1 Matron be hired to police said dance between the hours of 8:00 P.M. and 1:00 A.M., on motion by Councilman Pebley, seconded by Councilman Dutton. MOTION CARRIED. SANTA ANA CANYON AREA - SCENIC HIGHWAY CORRIDOR: Report of the Director of Develop- ment Services was submitted, regarding the establishment and implementation of the Santa Ana Canyon Area as a Scenic Highway Corridor. Assistant Director of Development Services, Ronald Thompson, outlined the objectives of the proposal and recommended that the City notify the State Division of Highways of its intent to establish and implement the Santa Ana Canyon Area as a Scenic Highway Corridor° He further recommended that the Counties of Orange and Riverside be notified of this intention, if approved, in order that they may work with the State in developing the entire Route 91 into a scenic highway, At the conclusion of Council discussion it was moved by Councilman Krein, seconded by Councilman Dutton, that the Director of Development Services be authorized to notify the State of California and the Counties of Orange and Riverside of the City's intent to establish and implement the Santa Ana Canyon Area as a Scenic Highway Corridor. MOTION CARRIED. ~xf~ 69-588 ~ity Hall~ Anahe~m~ California , COUNCIL MINUTES - September 23~ 1969~ 1'30 P.M. C~ITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held September 8, 196.9, pertaining to the following applications were submitted for City Council information and consideration. VARIANCE NO. 2117: Submitted by Bucheim, Greschner & Steinbrink, to permit the expansion of an existing, non-conforming use (retail sales) in a non- conforming building, with waiver of expansion of a non-conforming use. M-1 zoned property, generally located at the northeast corner of Katella Avenue and Claudina Way. The City Planning Commission, pursuant to Resolution No. PC69-181, granted said variance, subject to conditions. VARIANCE NO. 2118: Submitted by R.L. Wetzler, to permit the expansion of an existing automobile sales lot, with waiver of permitted uses in the C-2 zone. Property generally located at the southeast corner of Anaheim Boulevard and Water Street~ The City Planning Commission, pursuant to Resolution No. PC69-182, granted said variance, subject to conditions. VARIANCE NO. 2119: Submitted by Okeh Caterers and Simeon and Jessie Melugin, to permit a lot split, creating a lot without frontage on a public street or alley, with waiver of required lot frontage on M-1 zoned property generally located north of Orangewood Avenue, east of State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC69-183, granted said variance, subject to conditions. VARIANCE NO. 2120: Submitted by Marilyn L. Tyson, to permit the establishment of an R-1 building lot, with waivers of minimum lot area and minimum lot width, on R-1 zoned property generally located in the northwest sector of the Briarvale Avenue cul-de-sac, adjacent to the Riverside Freeway. The City Planning Commission, pursuant to Resolution No. PC69-184, granted said variance unconditionally~ CONDITIONAL USE PERMIT NO. 1125: Subm~ ted by Continental Casualty Company, to establish a 188-bed convalescent hospital with adjoining minimum care cot- tages on R-A(O) zoned property generally located on the south side of Frontera Street, east of Rio Vista Street. The City Planning Commission, pursuant to Resolution No. PC69-179, granted said conditional use permit, subject to conditions. CONDITIONAL USE PERMIT NO~ 1131: Submitted by Lazare F. Bernhard, to permit an M-2 use (outdoor storage of building materials) in an M-1 zone, with waiver of minimum required structural setback from an arterial street; property lo- cated at the northeast corner of Broadway and Loara Street. The City Planning Commission, pursuant to Resolution No. PC69-165, granted said conditional use permit, subject to conditions. The foregoing actions were reviewed by the City Council and no further action taken~ RECLASSIFICATION NO. 64-65-85 - REVISED PLANS: Request of the Henegar Construc- tion Corporation was submitted, for approval of revised plans and waiver of vehicular access rights dedication requirement for Parcel 1 only, on property generally located on the west side of State College Boulevard, north of Center Street. The City Planning Commission, pursuant to Resolution No. PC69-189, recommended approval of said request. RESOLUTION NO. 69R-531: Councilman Pebley offered Resolution No~ 69R-531 for adoption~ Refer to Re~olution Book. 69-589 .Qity Hall~ Anaheim~ California - COUNCIL MINUTES - ~eptember 23~ 1969~ 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 65R-231 IN RECLASSIFICATION PROCEEDINGS NO. 64-65-85. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-531 duly passed and adopted. RESOLUTION NO. 69R-532: Councilman Dutton offered Resolution No. 69R-532 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLU- TION NO. 69R-432~ NUNC PRO TUNC, BY CORRECTING THE DESCRIPTION OF THE PROPERTY INVOLVED. (68-69-100) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-532 duly passed and adopted. RECLASSIFICATION NOS. 63-64-62~,7)~ 63-64-62(9) i 68-69-51 AND VARIANCE NO. 2030 - ORDINANCE NO. 2708~ EXTENSION OF TIME: The following letters were read by the City Clerk, requesting that an extension of time be granted to allow de- velopment in accordance with parking requirements in effect prior to Sep- tember 19, 1969, which was the effective date of Ordinance No. 2708. a. Letter dated September 18, 1969, from Everett S. Dean (Re- classification No. 63-64-62(7). b. Letter dated September 18, 1969, from James H. Hodges, Au- thorized Agent (Reclassification No. 63-64-62(9). c. Letter dated September 17, 1969, from Richard Kenneth Brooks, Architect (Reclassification No. 68-69-51 and Variance No. 2030.) Zoning Supervisor Charles Roberts reported that the Applicants have not complied with all conditions required to complete zoning on the three subject parcels and recommended that if an extension of time is granted by the City Council it should apply to other applicants as well. He noted that the City Council has already denied one such request, and the Staff has been working with others to assist in the redesign of pro- jects to meet the new parking requirements. However, in the three cases under discussion, this could not be accomplished. The City Attorney advised that any extension which may be granted must be uniform; that if an extension is not granted, variance application could be made where the new Code requirements can not be met without complete redesign of the development. Councilman Krein moved that each Applicant be required to file a variance application for waiver of required number of parking spaces, so that each case may be considered individually. To this motion there was no second. Mr. James H. Hodges, 903 South Agate Street, addressed the City Council, and advised that financing commitments would be lost if new var- iance applications were necessary; and stated that all conditions to Re- classification No. 63-64-62(9) were met, and it was ready for first reading of the zoning ordinance. 69-590 City Hall~ Anaheim, California - COUNCIL MINUTES - September 23~ 1969~ 1:30 P.M. Mr. Roberts advised that information in the file indicated there is one condition which has not been met, which was posting the required Street Improvement Bond. Mr. Hodges replied that bond was posted by the Applicant, Mr. Martin, on September 18, 1969. The City Attorney suggested that the City Council could permit anyone to proceed with the development for which all required conditions have been complied with, prior to September 19, 1969, had filed Final Plans with the Development Services Department, and paid all fees. In this way, anyone meet- ing the requirements would receive the same consideration. Mr~ Hodges indicated that Mr. Martin's development would meet these requirements; however, his other client's development (63-64-62(7) would not qualify, as all conditions have not been met. MOTION: It was moved by Councilman Pebley, seconded by Councilman Schutte, that those developments which had complied with all required conditions prior to September 19, 1969, and filed Final Plans of development with the Develop- ment Services Department, and paid all fees, shall be permitted to proceed under the parking requirements in effect prior to that date. MOTION CARRIED. (To this Motion, Councilman Krein voted "No.") Receipt of the required Street Improvement Bond in connection with. Reclassification No. 63-64-62(9) was verified by the City Manager and City Clerk, and said reclassification was scheduled for first reading this date. ORANGE COUNTY USE VARIANCE NO. 6304: Excerpt from the Minutes of the City Planning Commission meeting held September 22, 1969, pertaining to Orange County Use Variance No. 6304, requesting a two-year extension of time for use of the property as a contractor's equipment storage yard; property located on the south side of Orangethorpe Avenue, at the A.T. & S.F. Railroad tracks, ap- proximately 240 feet east of Richfield Road, in the Atwood Cone Area. The City Planning Commission, by Motion, recommended that the Orange County Planning Commission be urged to consider the use as a permanent one, and as such, require that a 6-foot masonry wall be constructed around the perimeter of the site, and the general area be cleaned up. On motion by Councilman Dutton, seconded by Councilman Schutte, recom- mendation of the City Planning Commission was sustained, and ordered forwarded to the Orange County Planning Commission. MOTION CARRIED. RESOLUTION NO. 69R-533 - AWARD OF ACCOUNT NO. 421-241: In accordance with recom- mendations of the City Engineer, Councilman Krein offered Resolution No. 69R- 533 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: CONSTRUCTION OR APPLICATION OF SLURRY SEAL UPON VARIOUS CITY STREETS, IN THE CITY OF ANAHEIM, ACCOUNT NOv 421-241. (Mission Slurry Seal - $12,480.00). Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-533 duly passed and adopted~ 69-591 City ~all, Anaheim, California - COUNCIL MINUTES - September 23~ 1969~ 1'30 P.M. RESOLUTION NO. 69R-534 - WORK ORDER NO. 7002' On recommendation of the City At- torney, Councilman Pebley offered Resolution No. 69R-534 for adoption, due to the fact that no formal bids were received on Work Order No~ 7002° Refer to Resolution Book~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING AND DETERMINING THAT CERTAIN WORK BE PERFORMED WITHOUT FURTHER OBSERVANCE OF SECTION 1211 OF THE ANAHEIM CITY CHARTER. (Reconstruction of Walnut Canyon Channel, Filtration Plant Slope and Reservoir Road.) Roll Call Vote' AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT' COUNCILMEN: None The Mayor declared Resolution Noo 69R-534 duly passed and adopted~ DEEDS OF EASEMENT: Councilman Schutte offered Resolution Nos. 69R-535 to 69R- 538, both inclusive, for adoption~ Refer to Resolution Book~. RESOLUTION NO. 69R-535: 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 OVERHEAD POWER LINES. (James t2. and Helen Duncan.) RESOLUTION NO. 69R-536: 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 INSTALLATION AND MAINTENANCE OF POLES AND ELECTRIC POWER LINES. (James F. Ousterhout and Gloria Jean Ousterhout, Philipe Eo Delgado and Betty I. Delgado, and Alexandra Wilsoa.) RESOLUTION NO~ 69R-537: 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. (Caroline Lewis) RESOLUTION NO. 69R-538: 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. (Edward Joseph Martin) Roll Call Vote' AYES' COUNCILMEN' Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT' COUNCILMEN: None The Mayor declared Resolution Nos. 69R-535 to 69R-538, both inclusive, duly passed and adopted. DEEDS OF EASEMENT' Councilman Schutte offered Resolntion Nos. 69R-539 and 69R- 540 for adoption. Refer to Resolution Book. RESOLUTION NO. 69R-539: 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. (Bank of America National Trust and Savings Association.) RESOLUTION NO~ 69R-540- 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. (Bank of America National Trust and Savings Association.) ~i~X 69=592 City Hall~ Anaheim~ California - COUNCIL MINUTES ~ September 23~ 1969~ 1:30 P.M. Roll Call Vote' AYES' COUNCILMEN' Dutton, Schutte, Pebley and Clark NOES: COUNCILMEN' None ABSTAINED: COUNCILMEN: Krein ABSENT' COUNCILMEN' None The Mayor declared Resolution Nos° 69R-539 and 69R-540 duly passed and adopted. pEEDS OF EASEMENT: Councilman Schutte offered Resolution Nos~ 69R-541 to 69R-546, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 69R-541: 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 PURPOSES. (Industrial Builders, Inc.) RESOLUTION NO. 69R-542: 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 PURPOSES. (West Coast Rent-A-Car Systems) RESOLUTION NO. 69R-543: 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 PURPOSES. (William C~ and Marjorie Lou Mc Carthy) RESOLUTION NO. 69R-544: 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. (Eunice Williams) RESOLUTION NO. 69R-545: 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 PURPOSES. (The Mutual Benefit Life Insurance Company) RESOLUTION NO. 69Ro546: 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. (Clyde Buckley Schlund and Joan Marie Schlund; and Walt Disney Productions) Roll Call Vote. AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution Nos. 69R-541 to 69R-546, both inclusive, duly passed and adopted. RESOLUTION NO~ 69R-547 - PROPOSED ABANDONMENT NO. 69-12A: Councilman Dutton offered .... Resolution No. 69R-547 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON AN ALLEY, BUT RESERVING AN EASEMENT FOR PUBLIC UTILITY PURPOSES; FIXING A TIME AND PLACE FOR A HEARING THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION. (No. 69-12A, Requested by the Anaheim City Council, Public Hearing - October 14, 1969, 1:30 P.M.) Roll Call Vote' 69-593 Y~~ City Hall~ Anaheim: California.- COUNCIL MINUTES - September 23; 1969; 1:30 'PoM. AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-547 duly passed and adopted.. RESOLUTION NO. 69R-548 - PROPOSED ABANDONMENT NO. 69-13A: Councilman Dutton offered Resolution No~ 69R-548 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON AN EXISTING RIGHT-OF-WAY FOR SEWER LINE PURPOSES UPON, ALONG, OVER AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION. (No. 69-13A, Requested by Russell Mc Caleb, Architect (Bank of America), Public Hearing - October 14, 1969, 1:30 P.M~) Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, Pebley and Clark NOES · COUNCILMEN: None ABSTAINED: COUNCILMEN: Krein ABSENT' COUNCILMEN' None The Mayor declared Resolution No. 69R-548 duly passed and adopted. RESOLUTION NO. 69R-549: On report and recommendation of the City Manager, Councilman Pebley offered Resolution Noo 69R-549 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE SALE OF HALLADAY WATER WELLS NOS. TWO AND THREE TO THE STATE OF CALI- FORNIA AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREE- MENT PROVIDING FOR SAID SALE. (For Widening of Imperial Highway - $15,000.00) Roll Call Vote' AYES' COUNCILMEN' Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT' COUNCILMEN' None The Mayor declared Resolution No. 69R-549 duly passed and adopted. RESOLUTION NO. 69R-550: On recommendation of the City Manager, Councilman Schutte offered Resolution No. 69R-550 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVISED SOUTHERN CALIFORNIA JOINT POLE AGREEMENT AND APPOINTING THE ELECTRICAL SUPERINTENDENT AS THE REPRESENTATIVE OF THE CITY OF ANAHEIM TO THE JOINT POLE COMMITTEE. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN- None The Mayor declared Resolution No. 69R-550 duly passed and adopted. 69-594 City Hall~ Anaheim~ California - COUNCIL MINUTES - September 23~ 1969~ 1:30 P.M. CORRESPONDENCE' The following correspondence was ordered received and filed on motion by Councilman Pebley, seconded by Councilman Dutton- a. City of Orange Resolution No. 3200 - Opposing the enactment of legislation by the State of California, which impose mandatory costs of en- forcement on local governmental agencies; and encouraging other local govern- mental agencies to go on record as opposing the same. b. Transportation Association of Southern California Resolution - Asking assistance to initiate and press for action in revising and decreasing the excessive procedures and controls developed for the TOPICS Program. c. Before the Public Utilities Commission of the State of Califor- nia - Investigation into the status, safety maintenance, use and protection or closin8 of various crossings at grade the lines of the Atchison, Topeka and Santa Fe Railway Company, the Union Pacific Railroad Company, the Southern Pacific Company and the Pacific Electric Railway Company in the County of Orange, California, with various streets, roads and highways in said County. d. Financial and Operating Reports for the Month of July, 1969. MOTION CARRIED. ORDINANCE NO. 2728' Councilman Krein offered Ordinance No. 2728 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(34) - M-l) Roll Call Vote- AYES. COUNCILMEN- Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 2728 duly passed and adopted. ORDINANCE NO. 2729' Councilman Clark offered Ordinance No. 2729 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61(32) - C-R) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES. COUNCILMEN. None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 2729 duly passed and adopted. ORDINANCE NO. 2730: Councilman Schutte offered Ordinance No. 2730 for adoption. Refer to Ordinance Book~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (68-69-19 - R-I) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES' COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 2730 duly passed and adopted. 69-595 X~~X City Hall~ Anaheim~ California - COUNCIL MINUTES - September 23~ 1969~ 1:30 P.M. ORDINANCE NO. 2731: Councilman Dutton offered Ordinance No. 2731 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (65-66-59(1) - C-O) ORDINANCE NO. 2732: Councilman Dutton offered Ordinance No. 2732 for first reading~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (63-64-62(9) - R-3) ALCOCHOLIC BEVERAGE LICENSE APPLICATION: Application submitted by George Desi, for On-Sale Beer and Wine (Bona Fide Eating Place) Person-to-Person Trans- fer, for Amigos Family Restaurant, 801 South State College Boulevard (C-1 zone, CUP 1034) was presented by the City Manager to the City Council for their information. No Council action was taken on said application. PROPOSED PURCHASE OF PROPERTY - FIRE STATION SITE: Consideration of the pro- posed purchase of property on the west side of Euclid Street, north of the Orange County Flood Control Channel, to be utilized as a Fire Station site was continued from the meeting of September 16, 1969, to this date for further investigation by the City Council. The City Manager noted that Captain Vandiver, of the Fire De- partment, was present to answer any questions that the City Council may have. Mr. Murdoch reported that an analysis of the required frontage has resulted in a recommendation for the purchase of 60 feet of Euclid Street frontage, at a cost of approximately $92,500. Since additional study has shown there is no alternate site available which will meet the criteria outlined at the last meeting, his recommendation remained un- changed~ It was moved by Councilman Pebley, seconded by Councilman Schutte, that purchase of the proposed Fire Station site be authorized, as recom- mended by the City Manager. MOTION CARRIED. PUBLIC DANCE HALL PERMIT: Application filed by Mr. Charles A. Mull for a Public Dance Hall permit to allow public dances to be held every Friday night from 9:00 P~M. to 1:00 A.M., at the Nordic Buffet, 218 West Lincoln Avenue, was submitted to the City Council. Also submitted was recommendation of the Chief of Police that said public dance hall permit be granted, subject to the provisions of Chapter 4~16 of the Anaheim Municipal Code, and with the provision that two officers and one matron be hired to police said dances. On motion by Councilman Dutton, seconded by Councilman Krein, said request was granted, as recommended by the Chief of Police MOTION CARRIED. RESOLUTION NO. 69R-551: On recommendation of the City Manager, Councilman Krein offered Resolution No 69R-551 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLU- TION NO. 68R-426 AND ESTABLISHING RATES OF COMPENSATION FOR VARIOUS JOB CLASSES IN THE DATA PROCESSING DIVISION. Roll Call Vote: 69-596 City Hall~ Anaheim, California - COUNCIL MINUTES - September 23~ 1969~ 1:30 P.M. AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No, 69R-551 duly passed and adopted_ iRESOLUTION NO. 69R-552: On report and recommendation of the City Attorney, Coun- cilman Dutton offered Resolution No. 69R-552 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT TO BE MADE AND ENTERED INTO BETWEEN BOB LYONS DOING BUSINESS AS LYONS PATROL AND THE CITY OF ANAHEIM RELATING TO THE DEPUTIZING OF GUARDS FOR THE PURPOSE OF DIRECTING TRAFFIC ENTERING, LEAVING, AND TRAVERSING THAT PORTION OF BROOKttURST STREET WHICH BORDERS THE CIRCLE SEAL CENTER PROPERTY. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No 69R-552 duly passed and adopted. CONDITIONAL USE PERMIT NO. 1120: The City Manager announced that in the event Conditional Use Permit No. 1120 is approved by the City Council, and for Council information, proposed plans for development of the Metroport were now complete and available in the office of the Director of Development Services, along with the proposed contract between the City of Anaheim and Commuter Centers, Inc., for operation of the proposed facility. This infor- mation could be analyzed and studied by the Councilmen individually, or re- viewed at an Adjourned Regular meeting. Council indicated, by general consent, it was their preference to re- view the documents on an individual basis, as time and schedules allowed. It was noted that the information would also be available to the press. RESOLUTION NO. 69R-553 - COLCHESTER-BALL ANNEXATION: The City Clerk submitted petitions, checked and found to be sufficient, requesting annexation of an inhabited territory known and designated as Colchester-Ball Annexation. RESOLUTION NO. 69R-553: Councilman Pebley offered Resolution No. 69R-553 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO CALL A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS RESIDING IN THE HEREINAFTER DESCRIBED TERRITORY THE QUESTION OF ANNEXATION OF SAID TERRITORY TO THE CITY OF ANAHEIM. (Public Hearing, October 28, 1969, 1:30 P.M.). Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-553 duly passed and adopted. 6 9- 5 9 7 City Hall~ Anaheim~ California - COUNCIL MINUTES - September 23~ 1969~i 1:30 P.M. PROPOSED CHARTER AMENDMENT: Mayor Clark submitted the following proposed Charter Amendment to be pIaced on the April, 1970 Municipal Ballot, for Council consideration; "Section 504. MAYOR~ The Mayor shall be a regular voting member of the City Council elected from such Council membership at each regular election of the Councilmen. (a) Duties~ Term and Eligibility. The Mayor may make and sec- ond motions and shall have a voice and vote in all proceedings~ He shall be the official head of the City for ceremonial purposes. He shall have the primary but not the exclusive responsibility for communicating the policies, programs and needs of the City government to the people, and as occasion requires, he may inform the people of any major change in the policy or program. He shall perform such other duties consistent with his office as may be prescribed by this Charter or as may be imposed by the City Council. The elected Mayor shall serve for a term of two years and until his successor is elected and qualified. No one shall be eligible to hold the office of Mayor except a duly elected and qualified Councilman who has served as Councilman for the two years just preceding his election as Mayor~ (b) Election of Mayor. At each general City election, each in- cumbent Councilman may file for election to the office of Mayor. Those members of the City Council whose terms expire and are filing for re-elec- tion may also file for the office of Mayor, in addition to filing for re- election as Councilman. Councilmen who desire to file for the office of Mayor shall file a declaration of intention with the Office of the City Clerk at the same time and in the same manner as candidates for the office of Councilman. At the election for Mayor, the candidate receiving the highest number of votes shall be declared elected. In determining which candidate shall be elected Mayor, no write-in vote shall be counted. In preparing the ballot for the Mayor's election, the City Clerk shall have printed in large boldface type the following language: "VOTE ONLY FOR A DECLARED CANDIDATE" In case of a tie vote, the Council shall select the Mayor from the candi- dates tied for highest vote. In case of a vacancy in the office of Mayor, the Council shall select a Mayor from the eligible Councilmen to fill the vacancy. The office of Mayor shall be deemed vacant when the person hold- ing such office no longer holds office as Councilman for any reason. (c) The City Council shall designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during his absence or disability. (d) Concurrently with these amendments to the Charter, there shall be presented to the electors of the City the names of the candidates for the office of Mayor to be first elected, in conjunction with and pur- suant to said Charter amendments, and his qualifications and mode of nomi- nation and election shall be as provided in Section 504 of the Charter as amended, and said Mayor first elected shall qualify and thereafter assume the duties of his office on the first Tuesday, following the filing with the Secretary of State of the approval of said amendments by the State Legislature, and said Mayor shall hold office until the first Tuesday following the next general municipal election, and until his successor is elected and qualified, unless sooner removed from office by recall or otherwise." Mayor Clark moved that the proposed Amendment, as outlined above, be incorporated in tbe next Municipal Election° In his opinion, the Amend- ment would not change the present successful operation under the Charter; the Mayor would have no additional authority' and the Amendment is in ac- cordance with the wishes of the people to make the selection of Mayor. 89-598 City Hall~ Anaheim~ California - COUNCIL MINUTES - September 23~ 1969~ 1:30 P.M. Councilman Pebley was of the opinion that the success and progress of Anaheim was primarily the result of the present system of operation; that under the present system, no Mayor can remain in this office unless he is representing the people and the City of Anaheim to the satisfaction of the remaining Council members~. Further the wishes of the people and a much better job is accomplished by selection of the Mayor by the five Councilmen, due to the fact that each Councilman is responsible to and elected by the people and is aware of their wishes, Councilman Pebley referred to the City of Honolulu, Hawaii, and the present problems of that City Council, as a result of an elected Mayor. He noted the inability of removing from office an elected Mayor who, in the opin- ion of the City Council was not performing, as compared with the present method requiring only the vote of three of the five Councilmen. Councilman Schutte offered the following changes to the proposed Amendment: 1. (a) That the candidate for Mayor serve as Councilman for one year, rather than two years~ 2. That there be added a provision whereby an elected Mayor cannot succeed himself. Councilmen Pebley and Krein noted possible difficulties that could be created in establishing any requirement of prior service as a Councilman, and also noted the stigma attached to the City in the event of a recall~ Councilman Krein suggested the question to the people be placed on the ballot whether they prefer to elect the Mayor or retain the present system. Subsequent thereto a decision as to a Charter Amendment, according to the wishes of the people, could be placed on the Ballot at a later date.~ Councilmen Schutte and Clark were of the opinion that both issues, the question and the proposed Amendment, could be placed on the forthcoming April B~lot. Mayor Clark advised that the feeling of the people was sufficient to place such a measure before the voters by initiative, which measure could be in a much different form, including not only the question of electing a Mayor, but increasing the Council membership to'seven and creat~ing four dist- ricts within the City. In his opinion, the Amendment as proposed would better protect the City and the City Manager form of government. Councilman Dutton advised that an elected Mayor would be an adminis- trative person. In our situation, a Council-Manager form of government, the Mayor is not an administrator, but the chairman of this board, and also rep- resentative of the City at certain functions, having no more power or author- ity than any other Councilman~ He felt with an elected Mayor, with removal vir- turally impossible, there could be an assumption of authority to the detriment of the City government~ He agreed with Councilman Pebley in opposing the~pro- posed Amendment~ At the conclusion of the discussion, by general consent, the issue was deferred to a later date. 3JOURNMENT: Councilman Pebley moved to adjourn. Councilman Schutte seconded the motion. MOTION CARRIED. ADJOURNED: 3:30 P.M. City Clerk