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1968/05/28 68-283 City Hall. Anaheim. California - CO~~JL MINUTES - Mav 28. 1968. 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley COUNCILMEN: None CITY MANAGER: Keith Murdoch CITY ATTORNEY: Joseph Geisler CITY CLERK: Dene M. W~lliams ASSISTANT CITY ENGlNEEJ~ Ralph Pease ASSISTANT DEVELOPMENT S~RVICES DIRECTOR: Robert Mickelson ZONING SUPERVISOR~ Ronald Thompson r Mayor Pebley called the meeting to order. INVOCATION: Reverend Dorman N. Buttram, of The Town Church, gave the In'" vocation. FLAG SALUTE: Councilman Krein led the Assembly in the Pledge of Allegiance to the Flag. RESOLUTION OF COMMENDATION: Councilman Dutton offered a Resolution of Com- mendation to Heritage High School of Anaheim, on their production of "God of Our Fathers." The Resolution was accepted by Mr. Denver Klaassen, Principal, who introduced students Theo Hil1berg and William Rhoades, and int~oduced the writer and director of the play, Mrs. Tobyann Davis. Said Resolution was unanimously adopted by the City Council. MINUTES: Minutes of the Anaheim City Council meeting held May 7, 1968, were ap- proved on motion by Councilman Clark, seconded by Councilman Krein. MOTION CARRI ED . l WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Schutte 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 Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY~ Demands against the City in the amount of $841,464.43, in accordance with the 1967-68 Budget, were approved. PUBLIC HEARING - RECLASSIFICATION NO. 67-68-72 AND GENERAL PLAN AMENDMENT NO. lOO: Submitted by La Roy and Mildred Turner, requesting a change in zone from R-A to R-2, 5,000; property located at the northeast corner of Dale Avenue and Broadway. General Plan Amendment No. 100, proposed for change in land use symbology to R-2, 5,000, that area generally bounded on the north by the Orange County Flood Control Channel, on the south by Orange Avenue, on the west by Dale Street, and on the east by a point approximately 166 feet west of Shields Drive. The City Clerk submitted correspondence received May 27, 1968, from Mr. and Mrs. Leo M. Melton, 405 South Dale Street, in opposition to subject applications. r The City Planning Commission, pursuant to Resolution No. PC68-ll5, and PC58-116, respectively, recommended disapproval of General Plan Amend- ment No. 100, and approval of Reclassification No. 67-68-72, to R-1, sub- ject to the condition that a Final Tract Map of subject property be approved by the City Council and recorded in the office of the Orange County Record~ er. Zoning Supervisor, Ronald Thompson, 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, noting that because of the size and depth of the Turner property, there could be difficulty in developing under the R-l 30ning code requirements, and rather than change the symbology of the entire area to R-2, 5,000, the Commission recommended R-l zoning, with the filing of a variance in conjunc- 68-284 Ci tv Hall. Anahe im. California - COUNCIL MINUTES - May 28. 1968. 1: 30 P.M. tion with the Tentative Tract Map for waiver of minimum lot area, (Variance No. 1978, and Tentative Tract No. 6603.) The Mayor asked if anyone wished to address the City Council. Mr. Cal Queyre1, Anaca1 Engineering, 222 East Lincoln Avenue, rep- resenting the Applicant, advised that the R-1 zoning and variance procedure was satisfactory to the Applicants; that it was their intent to construct $30,000.00 to $35,000.00 one and two-story homes on subject property, and the property owners on the east, after review of the plans, were in favor of said proposed tract development. n The Mayor asked if anyone wished to speak in opposition, there being no response, declared the hearing closed. RESOLUTION NO. 68R-284: Councilman Schutte offered Resolution No. 68R-284 for adoption, authorizing the preparation of necessary ordinance changing the zone to R-l, subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMIN- ING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (67-68- 72 - R-l.) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R-284 duly passed and adopted. n In casting his vote, Councilman Dutton stated it in no way pre- judiced his determination of future requests for R-2, 5,000 in the area. Councilman Schutte moved to disapprove General Plan Amendment No. 100, as recommended by the City Planning Commission. Motion died for lack of second. RESOLUTION: Councilman Dutton offered a resolution to approve General Plan Amendment No. 100, as shown on Exhibit "A". D~cussion was held by the City Council, and the City Attorney noted that the foregoing action would place the subject property in the low, medium- density category on the General Plan. Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: Dutton COUNCILMEN: Krein, Schutte, Clark and Pebley COUNCILMEN: None Mayor Pebley declared the foregoing resolution failed to carry. Councilman Schutte moved to disapprove General Plan Amendment No. 100, as recommended by the City Planning Commission. Councilman Krein second- ed the motion. MOTION UNANIMOUSLY CARRIED. n PUBLIC HEARING - WEED ABATEMENT: Public hearing was h~ld to receive any objec- tions to the proposed removal of weeds, pursuant to Resolution No. 68R-2l6, relative to weed abatement in the City of Anaheim. Mayor Pebley asked if anyone wished to address othe City Council, there being no response, declared the hearing closed. 68-285 City Hall. Anaheim. California - COUNCIL MINUTES - May 28. 1968. 1:30 P.M. RESOLUTION NO. 68R-285: Councilman Schutte offered Resolution No. 68R-285 for adoption. Refer to Resolution Book. I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT NO OBJEC^tONS WERE MADE ro THE PROFOSED REMOVAL OF WEEDS GROW- ING UFON ANY PARCEL ~, PARCELS OF REAL PROPERTY OR ANY PUBLIC STREET IN THE CITY OF ANAHEIM; AND ORDERING THE SUPERINTENDENT OF STREETS TO REMOVE SAID WEEDS AND CHARGE THE COSTS OF SUCH REMOVAL TO THE LOTS OR PARCELS CLEANED AND TO THE PROPERTY ADJACENT TO THE STREETS OR ALLEYS CLEANED. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 68R-285 duly passed and adopted. PUBLIC DANCE PERMIT: Application submitted by Carmen D. Sanchez, on behalf of Sociedad Protectora Femenil, Inc. #11, for permit to conduct lodge meeting and dance, June 16, 1968, at Carpenter's Hall, 608 West Vermont Avenue. Councilman Dutton moved that application be granted, subject to Chapter 4.16 of the Anaheim Municipal Code, as recommended by the Chief of Police. Councilman Krein seconded the motion. MOTION CARRIED. r PUBLIC DANCE PERMIT: Application submitted by Michael Tell, for permit to con- duct public dance at Anaheim Convention Center, 800 West Katella Avenue, on June 15, 1968, wa~ submitted. Councilman Krein moved that said applica- tion be granted, subject to Chapter 4.l6 of the Anaheim Municipal Code, and fur~er,that 30 officers be hired to police said dance, as recommended by the Chief of Police. Councilman Dutton seconded the motion. MOTION CARRIED. RENEWAL OF CARD ROOM AND POOL HALL PERMIT: On motion by Councilman Clark, second- ed by Councilman Schutte, a two-year renewal of the card room and pool hall permit issued to Art Gruber and E. Carter, for the Anaheim Pool Hall, 108 North Anaheim Boulevard, was granted. (Expiration date June 30, 1970.) MOTION CARRIED. The Council suggested that the operators of said establishment be encouraged to participate in the "International Theme" proposed for down- town Anaheim. RECLASSIFICATION NO. 66-67-30 - EXTENSION OF TIME: Request of Gordon L. and Frances E. Hodge for six-month extension of time to Reclassification No. 66-67-30 was submitted; property located at 2748 West Lincoln Avenue, pro- posed for C-l zoning, pursuant to Resolution No. 66R-740. It was moved by Councilman Krein, seconded by Councilman Dutton, on the recommendation of the Development Services Department, Zoning Divi- sion, that a 30-day extension of time, to expire June 28, 1968, be granted. MOTION CARRIED. I Mr. Dale L. Ingram, Consultant, l03l6 Asher Street, La Habra, rep- resenting Mr. and Mrs. Hodge, was of the opinion a 30-day time extension would not be adequate to complete 'preparation plans for the construction of a motel on subject property. Mr. Ingram was advised that if the Street Improvement Bond was posted, and the street tree fees paid, the conditions of Reclassification No. 66-67-30 would be met, and the zoning ordinance adopted. 68-286 City Hall. Anaheim. California - COUNCIL MINUTES - May 28. 1968. 1:30 P.M. CONDITIONAL USE PERMIT NO. 972 - EXTENSION OF TIME: Request of Henry Wagner and Armo Corporation, requesting 180-day extension of time to meet the conditions of Conditional Use Permit No. 972 was submitted. Ann Madison, of Madison Real Estate, 600 South Harbor Boulevard, Agent for the petitioners, in answer to Council questions, stated that the property was in escrow and a six-month extension of time was requested be- cause of problems in obtaining financing, complicated by the fact that an overseas tenant was involved; that present owners desired to withhold dedi- cation as they felt they would be responsible for street improvements. Councilman Dutton moved to grant a six-month extension of time, to expire November 21, 1968, subject to the following conditions: 1. That the easement deed for the ultimate widening of State Col- lege Boulevard and Ball Road be granted within 30 days. 2. That Street Improvement Bonds be posted within 30 days. Motion seconded by Councilman Schutte. Councilman Pebley voted "No." MOTION CARRIED. Council discussion was held, and the City Attorney advised that dedication by the present owner would not necessarily require improvement at this time. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission, at their meeting held May 6, 1968, pertaining to the following applications, were submitted for City Council information and consideration: CONDITIONAL USE PERMIT NO. 1023: Submitted by Western L. Corporation, re- questing permission for On-Sale Beer and Wine in an existing delicatessen; C-1 zoned property, located at 620 West La Palma Avenue. Granted by the City Planning Commission, pursuant to Resolution No. PC68-ll9, subject to conditions. CONDITIONAL USE PERMIT NO. 1025: Submitted by A.N. and Marie Skinner, re- questing permission to establish outdoor storage and rental of large equip- ment, with waivers of minimum required building setback, minimum required landscaping, and required enclosure of an outdoor storage area; M-l zoned property, located at 235 East Ball Road. Denied by the City Planning Commission, pursuant to Resolution No. PC68-l20. VARIANCE NO. 1975: Submitted by Godfrey L. Gogerty, requesting permission to expand an existing non-conforming use to permit the construction of a new automobile showroom; C-2 zoned property, located at 626 South Anaheim Boulevard. Granted by the City Planning Commission, pursuant to Resolution No. PC68-l2l, subject to conditions. VARIANCE NO. 1976: Submitted by Barry and Sandra Reynolds, requesting waiver of minimum required sideyard setback, to establish an existing room addition as a conforming use; R-l zoned property, located at 613 South Agate Street. Granted by the City Planning Commission, pursuant to Resolution No. PC68-ll8, subject to conditions. VARIANCE NO. 1913: Submitted by Classic Development Corporation and Tiara Estates, requesting an extension of time to complete conditions to permit the construction of additional dwelling units in an existing mu1tip1e- family complex; R-3 zoned property, located on the east side of Euclid Street, south of Katella Avenue. The City Planning Commission granted a six-month extension of time, to expire September 25, 1968. l 1 l n n n 68-287 City Hall. Anaheim. California - CO~~IL MINUTES - May 28. 1968. 1:30 P.M. The foregoing actions were reviewed by the City Council, and no further action taken on the above-numbered conditional use permit and var- iance applications. TENTATIVE TRACT NO. 6603: Developer, Orange County Development Corporation, tract located at the northeast corner of Dale Avenue and Broadway, and contains l4 proposed R-l zoned lots. On motion by Councilman Krein, seconded by Councilman Clark, Ten- tative Tract No. 6603 was continued, to be considered in conjunction with Variance No. 1978. MOTION CARRIED. TENTATIVE TRACT NO. 5162. REVISION NO.3: Developer, Brookmore, Incorporated, tract located on the east side of Brookhurst Street, north of Brookmore Avenue and Ball Road; contains 11 proposed R-3 zoned lots. On motion by Councilman Dutton, seconded by Councilman Krein, Ten- tative Tract No. 5162 was continued, to be considered in conjunction with Reclassification No. 67-68-86, and Variance No. 1979. MOTION CARRIED. TENTATIVE TRACT NO. 6146. REVISION NO.1: Developer, J.M. McMichael Company, tract located north of Ball Road, east of Knott Street, and contains l6 proposed R-2, 5,000 zoned lots. On motion by Councilman Dutton, seconded by Councilman Krein, Ten- tative Tract No. 6146 was continued, to be considered in conjunction with Reclassification No. 67-68-81. MOTION CARRIED. RESOLUTION NO. 68R-286 - - - - -- WORK ORDER NO. 545B: On the recommendations of the City Engineer, Councilman Krein offered Resolution No. 68R-286 for adop- tion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF RICHFIELD ROAD, FROM LA PALMA AVENUE TO APPROXIMATELY 550 FEET NORTH THEREOF, IN THE CITY OF ANAHEIM, WORK ORDER NO. 545B, APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECI- FICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION TIE ROOF. (Richfield Road - Street Improvement.) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R-286 duly passed and adopted. RESOLUTION NO. 68R-287 - ~ - - -~WORK ORDER NO. 533A: On the recommendations of the City Engineer, Councilman -Krein offered Resolution No. 68R-287 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE ~ NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF PORTIONS OF LINCOLN AVENUE AND EUCLID STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 533A, 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 CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (LincolnJAvenue - Euclid Street - Street Improvement.) 68-288 City Hall. Anaheim. California - COUNCIL MINUTES - May 28. 1968. 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R-287 duly passed and adopted. RESOLUTION NO. 68R-288 -- - - - _~ WORK ORDER NO. 534B: In accordance with recom- mendations of the City Engineer, Councilman Krein offered Resolution No. 68R- 288 for adoption. n Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSI'lY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF ORANGETHORPE AVENUE, FROM KRAEMER AVENUE TO APPROXIMATELY 1,500 FEET WEST THEREOF, IN THE CITY OF ANAHEIM, WORK ORDER NO. 534B; 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 CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Orangethorpe Avenue - Street Improvement.) Roll Call Vote: AYES: NOES: ABSENT : COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None Resolution No. 68R-288 duly passed and adopted. In accordance with recommendations of the Public Works Di- rector, Councilman Dutton o=:~ed the following resolutions for adoption: RESOLUTION 1<<>. 68R-289 - AWa"9r WORK ORDER NO. 418A: n 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 EQUIl'MENT AND ALL UfiLITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATR, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COM- PLm THE FOLLOWING PUBLIC IMPROVPMENT, TO WIT: THE CONSTRUCTION OF THE KATILLA AVENUE GRADE SEPARATION AT THE ATCHISON, 'IDPEKA AND SANTA FE RAIL- ROAD, IN THE CITY OF ANAHEIM, SS PROJECT NO. 418-A. (Sully-Miller Contract- ing Company.) ~ RESOLUTION NO. 68R-290 - A~~P WORK ORDER NO. 206: Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COM- PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: FURNISHING AND INSTALLING TRAFFIC SIGNALS AT FIRE STATION NO.6 ON EUCLID STREETcIN THE CITY OF ANAHEIM, WORK ORDER NO. 206. (Smi:2-~triC Company.) RESOLUTION NO. 68R-29l - .~ WORK ORDER NO. 505B: n Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COM- PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF BALL 68-289 City Hall. Anaheim. California - COUJQ~L MINUTES - May 28. 1968. 1:30 P.M. ROAD, FROM HAMPSTEAD STREET TO (ill-BUCK DRIVE, IN THE CITY OF ANAHEIM, SS PROJECT NO.505B. (E.L.White.) Roll Call Vote: n AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN : DQtton, Krein, Schutte, Clark and Pebley NQue None The Mayor declared Resolution Nos. 68R-289, 68R-290, and 68R-29l duly passed and adopted. DEEDS OF EASEMENT: Councilman Clark offered Resolution Nos. 68R-292 through and including 68R-298 for adoption. Refer to Resolution Book. RESOLUTION NO. 68R-292: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GWT DEED CONVEYING TO TijE CI TY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Bernard A. and Emma G. Stoffel.) RESOLUTION NO. 68R-293: 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 EASBNENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (H.K.Marvin, Robert L. Boughton, Jr., Robert Beckham, and Clinton F. Peets.) RESOLUTION NO. 68R-294: 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 AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Security Title Insurance Company.) ~ RESOLUTION NO. 68R-295: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CI TY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR SEWER LINE PURPOSES. (Lloyd N. and Agatha J. Baxter.) RESOLUTION NO. 68R-296: 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 DRAINAGE PURPOSES. (Orange County Water District.) RESOLUTION NO. 68R-297: 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. (Security Title Insurance Company.) RESOLUTION NO. 68R-298: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR EASEMENTS FOR SEWER AND PUBLIC UTILITY PURPOSES. (Bernard A. and Emma G. Stoffel.) Roll Call Vote: ~ AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution Nos. 68R-292 through and including 68R-298, duly passed and adopted. RESOLUTION NO. 68R-299: On the recommendation of the City Attorney, Councilman Dutton offered Resolution No. 68R-299 for adoption. Refer to Resolution Book. 68-290 City Hall. Anaheim. California - COUNCIL MINUTES - May 28. 1968. 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING THE GRANT DEED OF LOUIE J. HEFFNER; ORDERING RECORDATION THEREOF; AND AUl'HORIZING AND DIRECTING PAYMENT THEREFOR. ($23,000.00 - West side of Philadelphia Street, north of Broadway.) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None 'l The Mayor declared Resolution No. 68R-299 duly passed and adopted. RESOLUTION NO. 68R-300: On report and recommendation of the City Manager, Council- man Clark offered Resolution No. 68R-300 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUl'HORIZING THE SALE OF CERTAIN REAL PROPERTY TO THE STATE OF CALIFORNIA; AND AUl'HORIZING THE EXECUTION OF A CONVEYANCE THEREOF. (Freeway Right-of-Way - Vicinity of Santa Ana Canyon Road and Pinney Drive - $173,556.00.) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R-300 duly passed and adopted. PURCHASE OF EQUIPMENT: The City Manager reported that only one proposal was re- ceived for one Mobile, Model TE-3 Street Sweeper, and recommended the purchase l... thereof from Kemp Yorke Equipment Company, in the amount of $12,727.05, in- . cluding tax. On the recommendation of the City Manager, it was moved by Council- man Dutton, seconded by Councilman Schutte, that the bid of Kemp Yorke Equip- ment Company be accepted, and purchase authorized in the amount of $12,727.05, including tax. MOTION CARRIED. RESOLUTION NO. 68R-30l: Councilman Krein offered Resolution No. 68R-301 for adop- tion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHOR- IZING THE EXECUTION OF AN AGREEMENT TO BE MADE AND ENTERED INTO BE'lWEENTHE CITY OF ANAHEIM AND ORANGE COUNTY PEACE OFFICERS ASSOCIATION, INC., FOR THE LEASING OF AN IDENTI-KIT BY THE CITY. Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R-301 duly passed and adopted. n ARTERIAL HIGHWAY FINANCING PROGRAM AGREEMENTS: Upon recommendati-on of the City Engineer, Councilman Schutte offered Resolution Nos. 68R-302, through and including 68R-307 for adoption. Refer to Resolution Book. 68-291 City Hall. Anaheim. California - COUNCIL MINUTES - May 28. 1968. 1~30 P.M. !' I RESOLUTION NO. 68R-302: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN ARTERIAL HIGllWAY FINANCING PROGRAM PROJECT ADMINISTRA- TION AGREEMENT TO BE MADE AND EN+ERED INTO BY AND BETWEEN T.}:IE COUNTY OF ORANGE AND THE CITY OF ANAHEIM FOR THE IMPROVEMENT OF HARBOR BOULEVARD, FROM KAT ELLA AVENUE TO CHAPMAN AVENUE, PROJECT 11441, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM. (Harbor Boulevard - Katella to Chapman.) RESOLUTION NO. 68R-303: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRA- TION AGREEMENT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE COUNTY OF ORANGE AND THE CITY OF ANAHEIM FOR THE IMPROVEMENT OF EUCLID STREET, FROM LA PALMA AVENUE TO CRESCENT AVENUE, PROJECT 1/444, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FORAN> CN BEHALF OF THE CITY OF ANAHEIM. (Euclid Street - La Palma to Crescent.) RESOLUTION NO. 68R-304:A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRA- TION AGREEMENT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE COUNTY OF ORANGE AND THE CITY OF ANAHEIM FOR THE IMPROVEMENT OF EUCLID STREET, FROM BROADWAY TO BALL ROAD, PROJECT 1/446, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM. (Euclid Street - Broadway to Ball.) RESOLUTION NO. 68R-305: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRA- TION AGREEMENT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE COUNTY OF ORANGE AND THE CITY OF ANAHEIM FOR THE IMPROVEMENT OF SUNKIST STREET, FROM LINCOLN AVENUE TO LA PALMA AVENUE, PROJECT 1/448, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM. (Sunkist Street - Lincoln to La ~alma.) I RESOLUTION NO. 68R-306: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRA- TION AGREEMENT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE COUNTY OF ORANGE AND THE CITY OF ANAHEIM FOR THE IMPROVEMENT OF ORANGETHORPE AVENUE, FROM LINDA VISTA TO IMPERIAL, PROJECT 1/454, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM. (Orangethorpe Avenue - Linda Vista to Imperial.) RESOLUTION NO. 68R-307: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRA- TION AGREEMENT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE COUNTY OF ORANGE AND THE CITY OF ANAHEIM FOR THE IMPROVEMENT OF LEWIS STREET UNDERPASS AT THE ATCHISON, TOPEKA & SANTA FE RAILROAD, PROJECT 11466, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM. (Lewis Street Underpass at A.T. & S.F.) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution Nos. 68R-302, through and including 68R-307 duly passed and adopted. I BEFORE THE PUBLIC UTILITIES COMMISSION - SKYBUS. INC.: The City Manager reported on request from Skybus, Incorporated, for expression of endorsement and sup- port for proposed commuter shuttle between Los Angeles International Airport and Orange County Airports. No action was taken by the City Council. CORRESPONDENCE: The following correspondence was ordered received and filed, on motion by Councilman Dutton, seconded by Councilman Krein: 68-292 City Hall. Anaheim. California - COUNCIL MINUTES - May 28. 1968. 1:30 P.M. a. Announcement of Southern California Rapid Transit District commuter Flyer service between Santa Ana-Anaheim-Buena Park and Los Angeles. b. City of Irwindale request for expression of opposition to Assembly Bills Nos. 2017 through 2023, inclusive. Councilman Dutton requested the City Attorney to analyze the pro- posed legislation referred to in the City of Irwindale request, and report at a future date. MOTION CARRIED. l ORDINANCE NO. 2519: Councilman Schutte offered Ordinance No. 2519 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER l8.52, SECTION 18.52.050 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO ZONING. (Deleting Para- graph 3, Conditional Uses.) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Ordinance No. 2519 duly passed and adopted. ORDINANCE NO. 2520: Councilman Dutton offered Ordinance No. 2520 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 6, CHAPTER 6.56, SECTION 6.56.0l0 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO POOLS AND PONDS. (Fence Specifications.) l Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN': COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Ordinance No. 2520 duly passed and adopted. ORDINANCE NO. 252l: Councilman Krein offered Ordinance No. 2521 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE l8 OF THE ANAHEIM MUNICI- PAL CODE RELATING TO ZONING. (66-67-61 (16) - C-R.) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Ordinance No. 2521 duly passed and adopted. l ORDINANCE NO. 2522: Councilman Clark offered Ordinance No. 2522 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICI- PAL CODE RELATING TO ZONING. (67-68-4l - R-2, 5,000.) 68-293 City Hall. Anaheim. California - COUNQIL MINUTES - May 28. 1968. 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dqtton, Krein, Schutte, Clark and Pebley ~qne None The Mayor declared Ordinance No. 2522 duly passed and adopted. I" ORDINANCE No. 2523: Councilman Schutte offered Ordinance No. 2523 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS UNIFORM PLUMBING CODE, 1967 EDITION, APPENDICES A, B, C, D, E, F AND G INCLUDED, WITH AMENDMENTS THERETO; AND AMENDING TITLE 15, CHAPTER 15.20 OF THE ANAHEIM MUNICIPAL CODE. (Public Hearing set June 18, 1968, 1:30 P.M.) ORDINANCE NO. 2524: Councilman Krein offered Ordinance No. 2524 for first reading. NOTICE OF PUBLIC HEARING TO BE HELD BY THE CITY COUNCIL OF THE CITY OF ANAHEIM TO CONSIDER THE ADOPTION BY REFERENCE OF A UNIFORM MECHANICAL CODE ENTITLED "UNIFORM MECHANICAL CODE, 1967 EDITION, II OF INTERNATIONAL ASSOCIATION OF PLUMBING AND MECaANICAL OFFICIALS AND INTERNATIONAL CON- ' FERENCE OF BUILDING OFFICIALS, l'O BE KNOWN AND DESIGNATED AS THE ANAHEIM MECHANICAL CODE. (Public Hearing set June 18, 1968, 1:30 P.M.) ORDINANCE NO. 2525: Councilman Clark offered Ordinance No. 2525 for first reading. r-: f I I AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.16 OF THE ANAHEIM MUNICIPAL CODE; ADOPTING THE NATIONAL ELECTRIC CODE, 1965 EDITION, WITH AMENDMENTS THERETO; AND AMENDING TITLE 15 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.16. (Public Hearing set June l8, 1968, 1:30 P.M.) ORDINANCE NO. 2526: Councilman Krein offered Ordinance No. 2526 .for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 6 OF THE ANAHEIM MUNI- CIPAL CODE BY ADDING THERETO CHAPTER 6.70, RELATING TO SOUND PRESSURE LEVELS. (Public Hearing Set June 18, 1968, 1:30 P.M.) ALCOHOLIC BEVERAGE LICENSE APPLICATION: Application of Robert William Orr, for On-Sale Beer and Wine License, for Amigos Family Re~taurant, 801 South State College Boulevard, was presented by the City Manager. On motion by Councilman Dutton, seconded by Councilman Krein, the City Attorney was authorized to file a Conditional Protest with the Alco- holic Beverage Control Board, on the basis of improper zoning. MOTION CARRIED. ALCOHOLIC BEVERAGE LICENSE APPLICATION: Application of Bentley William Watters, Corporation President, Parlor. No.3 Inc., for Person-to-Person Transfer of On-Sale Beer License for Me-N-Edls Pizza Parlor, 875 South Brookhurst Street, was presented by the City Manager. I" i No Council action was taken on said application. REQUEST - WAIVER OF LICENSE FEES: Request by Robert T. Jones, l252 E. Wilhelmina Street, Candidate for Congress, 35th Congressional District, for waiver of required license fees to operate a sound truck, was continued from the meet- ing of May 21, 1968. The City Manager reported that permits for such use have previously been issued upon payment of required fees. Councilman Schutte moved that the request for waiver of fees be denied. Councilman Dutton seconded the motion. MOTION CARRIED. 68-294 City Hall. Anaheim. California - COUNCIL MINUTES - May 28. 1968. 1:30 P.M. REQUEST FOR CONTINUANCE - PROPOSED ANNEXATION TO YORBA LINDA: The City Manager reported on notice of public hearing to be held by the Local Agency Formation Commission of Orange County on June 12, 1968, at 2:00 P.M., on proposed An- nexation No. 68-5 to the City of Yorba Linda. Mr. Murdoch noted the location of subject property, which is east of Yorba Linda Country Club, and north of Yorba Linda Boulevard. He noted that the proposed annexation would appear to block off expansion of the City of Anaheim to the northeast in this area. On recommendation of the City Manager, Councilman Krein moved that the City Manager request a 30-day continuance to resolve implications of drainage and sewerage and other facilities, and if such an extension cannot logically be granted, a protest be filed against the annexation as presently outlined. Motion seconded by Councilman Dutton. MOTION CARRIED. 1 CAPITAL IMPROVEMENT COMMITTEE REPORT: The City Manager reported that the Capital Improvement Committees were completing their final reports, and recommended that the City Council meet with each of the five committees, separately, to receive their presentations. Discussion was held by the City Council, and the City Manager was authorized to schedule individual meetings with each of the Citizen's Com- mittees. COMMUNITY ACTION AGENCY - ~ - ORANGE COUNTY BOARD OF SUPERVISORS: The City Mana- ger read,for the Council's information, the Resolution of the Board of Sup- ervisors of Orange County, dated May 21, 1968, setting the date of June 5, 1968, for public hearing to designate as a Community Action Agency the Orange County Cbmmunity Action Council, Inc. Following Council discussion, Mayor Pebley designated Councilman Clark to represent the City Council at the public hearing. RECLASSIFICATION NO. 67-68-70. VARIANCE NO. 1965. GENERAL PLAN AMENDMENT NO. 31: Councilman Dutton offered resolutions rescinding Resolution Nos. 68R-265, 68R-266, and 68R-267, and further stated if subject resolutions are rescinded, he would move that the entire matter be returned to the Planning Commission, for the following reasons: 1 ; 1. May 2l, at their request, a 13-page supplemental report was prepared and submitted by the Planning Staff and the Planning Commission did not have these facts in their determinations. 2. Councilman Schutte's vote on this matter constitutes a con- flict of interest, as he appeared as the advocate before the Planning Com- mission, and also before the City Council May 7th. 3. Acknowledgment of ownership of 25 acres, contiguous to this subject property. Councilman Dutton reported on prior R-3 zoning actions, where Councilman Schutte abstained from voting because of a possible conflict of interest, as follows: RECLASSIFICATION NO. 63-64-143, VARIANCE NO. 1644, AND GENERAL PLAN AMEND- MENT NO. 25; recorded owner - Alan R. and Marjorie S. Talt, Agent, Robert W. McMahon. RECLASSIFICATION NO. 65-66-89, VARIANCE NO. 1761, recorded owner - La Verna I. Clark, Agent, A.J. Schutte. l RECLASSIFICATION NO. 67-68-69, CONDITIONAL USE PERMIT NO. 1020 - Recorded owners - Alan R. and Marjorie Talt; Herbert F. and Shirley Botsford; and Marvin and Luana Fluegge, Agent, Robert S. Mc Michael, (Councilman Schutte temporarily absent.) 68-295 City Hall. Anaheim. California - COUNyIL MINUTES - May 28. 1968. 1:30 P.M. Councilman Dutton was of the opinion that in the above cases, Councilman Schutte apparently felt he had a conflict of interest. r ! Referring to the Southeast Industrial Map, posted on the east wall of the Council Chambers, Councilman Dutton located the properties owned by Councilman Schutte's daughter and son-in-law, which property is included in the pending Ball-Winston Ar~nexation, and also noted the location of properties owned by Councilman Schutte. He further noted the areas of existing industrial development and those held for future expansion and committed to industry. Councilman Dutton advised that another reason he felt the actions should be rescinded was because the City has encouraged industry to locate here, with the promise that there would be no encroachment in the industrial area. Councilman Dutton further noted that according be State law, the applicant has two years to meet established conditions of zoning, and that during this interim the entire area would be in limbo. Councilman Krein seconded the motion, stating he favored rescind- ing the actions taken, and sending the issue back to the City Planning Com- mission for restudy as, in his opinion, the City has disregarded a promise ffia:e to the industries in that area. He further stated he hated be see the loss of industry's support in attracting other industries to Anaheim. He felt Ball Road was a natural barrier between industrial and residential property. Councilman Krein hoped, if the actions were rescinded, that Councilman Schutte would eliminate hiLlself from voting. At the request of Councilman Schutte, Mr. Alan Talt replied to the motion before the Council. n Mr. Talt reported that the ten acres in question had never been zoned for industrial purposes, and the City of Anaheim could never have com- mitted the property as such, because the property was not a part of the City of Anaheim until these proceedings commenced. Mr. Talt advised that when R-3 development was contemplated, the City of Anaheim was contacted and so advised, and asked if the City would care to annex the property under these circumstances. The response was in the affirmative. He stated that the integrity gap that the City faces is in the relationship to owners of land adjacent to the City that the City wishes to annex. Reference was made to actions taken by the City Planning Commis- sion in recommending reclassification of the north five acres, and Mr. Talt reported that there was no industry fronting on Ball Road in Anaheim for two-fifths of a mile, and there is in existence residential property between his property and the nearest industry fronting on Ba::.~_ .'oad; there is an existing apartment house sixty feet from subject property, and no industry has been established fronting on Winston Road, east of State College Boule- vard. Mr. Talt felt Councilmen Pebley, Clark and Schutte voted against his request, in that his request encompassed the whole ten-acre parcel. n Mr. Ta1t reported that those who urged Councilman Schutte to dis- qualify himself were urging him to violate the State law and the Constitu- tion of the United States, as a Councilman is bound to vote, even if he is the owner of land affected by the vote, in those cases where the Council is deadlocked, or unable to reach a decision, and his failure to do so would be a denial of Constitutional du~ process to any others affected by his failure to vote. A portion of a decision of the Ca1if.ornia Supreme Court, relative to the City Council of the City of Porterville, involving an assessment act, was submitted and read. (Copies of subject decision were furnished each Council member.) 68-296 City Hall. Anaheim. California - COUNCIL MINUTES - May 28. 1908. 1:30 P.M. Mr. Talt advised that ha,', Councilman Schutte d:..squa1ified himself, The City of Anaheim would have violated the law, and denied constitutional due process to his neighbors, Mr. Fredricks, his tenants and him; that his action was not only moral, he had no cho~~e under the law. He thereupon re- quested that the motion be denied. Councilman Schutte advised that the Winston Street property was owned by his daughter and him, and thereupon requested Mr. Talt to further explain the circumstances. He noted that he did not vote on the zoning af- fecting that parcel of land. 1 Mr. Talt again advised that according to the decision of the Cali- fornia Supreme Court, which has been uniformly followed, a Councilman must vote if his vote is necessary to reach a decision. Therefore, it was very proper for Councilman Schutte to abstain from voting on those cases where his vote was not needed for a decision. Councilman Dutton asked if he understood correctly that the City of Anaheim was trying for some time to annex his property, on the promise of securing R-3 zoning for development. Mr. Talt replied that he was not sure he could answer "Yes" or "No." He referred to the City of Anaheim Fire Station, and reported that a portion of his property was given to the City for that facility. To further answer Councilman Dutton's question,Mr. Talt reported that on several occasions one or more City officers had asked why they did not annex their property to the City of Anaheim; at the time we decided to request R-3 zoning, I cannot say at that particular time we were requested to annex the property, Mr. Robert McMichael, representing Mr. Talt, was requested to ad- vise who assured the applicant R-3 zoning upon annexation. 1 Mr. McMichael advised that they were encouraged by the Planning, Development Division, to submit their plans. They were approved by the City Planning Commission for R-3, and the General Plan was also approved. In finality, Mr. McMichael agreed that the annexation was applied for without the understanding that they would receive R-3 zoning. . Mr. Talt stated it was his understanding that there was a proced- ure where land could be annexed to a city on condition it be used for a cer- tain purpose, and unfortunately they did not follow that technical procedure, because it seemed inconceivable to them that industry would want to situate 60 feet from an existing apartment structure, since the land was held thirteen years without an industrial offer. Mayor Pebley advised that he voted only after considering all the evidence and, in his opinion, the R-3 zoning on the north five acres will not hurt industry; he was prepared to let his vote stand, as he felt it was in the best interest of Anaheim. Councilman Schutte explained the process he followed in deeding a parcel of land to his daughter and son-in-law on the birth of each grand- child. Councilman Schutte further advised that he did not own any land in the General Plan as amended, with the exception of a strip of land he held in reserve for the extension of Sunkist Street southerly. He pointed out that three other parties were involved in this issue and stated that the economics of what the land can be leased for, and the taxes assessed, re- quired it be developed to a higher use. 1 In conclusion, Councilman Schutte stated that had it been anyone else's land, or anyone else's daughter, he would have voted the same. 68-297 City Hall. Anaheim. California - COUNCIL MINUTES - May 28. 1968. l:30 P.M. r Councilman Clark stated that the City has a very adequate Plann- ing Staff and Planning Commission, and although a Councilman makes an in- dividual investigation, recommendations of the staff and commission are seriously considered. He further advised that he was endeavoring to ful- fill his commitments in trying to find suitable areas for R-3 development that would not infringe on an R-l area. He noted also that the recommenda- tions of the City Planning Commission were unanimous, and after his inde- pendent investigation, and hearing the testimony and evidence, he had no intention of changing his vote. Councilman Dutton noted that the members of the City Planning Commission were appointed by the City Council. He reported that four of the Commissioners advised him that they were incensed that Councilman Schutte came before them with tL:.s request. Mr. Geisler advised that if the Council considers Mr. Dutton's proposal, it would be in order to reopen the hearing to a specific time, and legally advertise the date, time, and place the hearing will be re- opened and the issue again considered. Councilman Dutton moved that the public hearing be reopened, to be set at the first convenient date. Councilman Krein seconded the motion. Roll Call Vote was requested: AYES: NOES: ABSENT: Dutton and Krein Schutte, Clark and Pebley None COUNCILMEN: COUNCILMEN: COUNCILMEN: Said motion failed to carry. I PROPOSED CHARTER AMENDMENT: Councilman Dutton requested a complete analysi~ of the situation that constitutes conflict of interest, and suggested a Charter Amendment be prepared that would set forth clearly what a Councilman can and cannot do in this area, to be submitted to the vote of the people at the next Councilmani~ Election. f RIQUEST: Councilman Dutton referred to certain remarks and allegations made by Councilman Schutte at the last meeting that cast aspersions on his in- tegrity, that had appeared in local newspapers, and requested an explana- tion. Councilman Schutte felt no explanation was necessary. ADJOURNMENT: Councilman Krein moved to adjourn. Councilman Schutte seconded the motion. MOTION CARRIED. ADJOURNED: 4:05 P.M. SIGNED ~ . n ~. d2~~'/n~ City Clerk 68-298 City Hall. Anaheim. California - COUNCIL MINUTES - June 5. 1968. 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley COUNCILMEN: None CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph Geisler ASSISTANT CITY ATTORNEY: John Dawson CITY CLERK: Dene M. Williams ASSISTANT CITY ENGINEER: Ralph Pease ZONING SUPERVISOR: Ronald Thompson CONVENTION CENTER AND STADIUM DIRECTOR: Tom Lieg1er l Mayor Pebley called the meeting to order. INVOCATION: Rabbi Aaron J. Tofield, of Temple Beth Emet, gave the Invoca- tion. FLAG SALUTE: Councilman Clark led the Assembly in the Pledge of Allegiance to the Flag. MINUTES: Approval of the minutes of the Anaheim City Council meetings held May 14, 21 and 28, 1968, was deferred. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Krein moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen, unless after read- ing of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $632, 807.51, in accordance with the 1967-68 Budget, were approved. Councilman Krein requested the record show that he did not partici- pate in the discussion nor vote on the issues pertaining to Variance No. 1800 and Conditional Use Permit No. 1024, and thereupon, left the Council table. l CONTINUED PUBLIC HEARING - VARIANCE NO. l800: Submitted by Coalson C. Morris, requesting a waiver of the minimum required site area and minimum side yard setback; proposed C-O zoned property, located at 609 North East Street, (Reclassification No. 65-66-120.) \; The City Planning Commission, pursuant to Resolution No. PC68-8, recommended denial of said variance. Public hearing was continued from the meetings of August 16, Novem- ber 15 and 29, 1966, May 23 and December 5, 1967, at the request of the peti- tioner, to allow for submission of development plans. Zoning Supervisor, Ronald Thompson, reported that the applicant has not submitted plans, nor have they notified the Development Services Department if they still desire to utilize the variance. Mayor Pebley asked if the applicant were present. There was no response. d h On bthlei rheco~endativon oif theACitl~ Attiorney, c108uOnOcbilman S~hutdte l.... move t at pu c ear1ng on ar ance pp 1cat on No. e cont1nue until such time as the applicant submits development plans; and upon receipt of the required development plans, the continued hearing date be scheduled by the City Clerk, subject to the payment of a $50.00 fee to cover the cos.t of legal notices and readvertising. Councilman Clark seconded the motion. Councilman Krein abstained. MOTION CARRIED. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1024: Submitted by William and Margaret Sangster, and Lonnie and Mary Dunn, requesting permission to construct a two- story, 34-unit motel; M-l zoned property, located on the east side of State College Boulevard, south of Orangewood Avenue.