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1968/11/06 Cit Hall Anaheim Calif WAr R OF READING - 0 I SOLUfIONS: Councilman Krein moved to ..lve the reading in full . all ordi nces and resolutions. and that. c....nt to the waiver of readin ;is hereby! given by all Counciltnen, unless after read- ing of the title, sp cific requ~st is made by a Councilman for the reading of such ordinance or resolution. Councilman Dutton seconded the ..->tiOD. MOTION UNANIMOUSLY C kiIED. nt. ~ IJ ~ f ~ ~ .'~ 68-656 elL MINUTES - Novemb.er 6 Because El State of California, Charter, Council mee 1=30 P.M., was held ction DaY~'. s a Legal Holiday, as declared by the in accord ' ce wi th Section 506 of the Anaheim City lng that . s scheduled for Tuesday, November 5, 1968, ~dnesday, ' ovem.ber 6, 1968, at 1:30 P.M. PRESENT: COUNCILMEN Dutton, ~rein, Clark and Pebley ABSJSNT: COUNCILMEN Schutte! PRlSBNT: ASSISTANT TY MANAG Robert M. Davis CITY ATTO Josep Geisler CITY ENGI Jamesl Maddox DEPUTY CIT CLERK~ ona M. Farrens ZONING S VISOR; nald Thompson Mayor Pebl t called t~e meeting to order. INVOCATION; Reveren Jpaul Kell~r, of the First Presbyterian Church, gave the Invoca ~on. i FLAG SAL11rE: Counci ~n Duttoni led the Assembly in the Pledge of Allegiance to the F18 . PROCLAMATIONS: Mayo Pebley ~3f:ued the fOllowing Proclamations: B. P.O. E., range Coasl~ District - "Americanism Day" - November 8, 1968. "Californi Veterans pf World War I Button Days" - Noveaber 8 to 11, 1968. RT - FINANCIAL D AGAINST T CITY: Demands against the ~ity, in the amount of $592,328.4 . in accortlance with the 1968-69 Budget, ~ere ap- proved. PUB IC HEARING - CONDIT! T NO. 1050: Submitted by Frank Horny, requesting permissio :to estabI, sh a 333-unit, three-story planned resi- dential development, with waive~s of maximum building height, minimum building site area p r dwelling; unit, minimum floor area per dwelling unit, minimum building set ack, and ~~nimum number of required cQvered parking spaces; R-3 zoned pr perty, located on the north side of North Street, east of Loara Street. (Ne plans reduced units to 315.) ~ The City P anning Co~ission, pursuant to Resolution No. PC68- 306, denied said con 1tional us~ permit; appeal from action taken by the City Planning Conmis ion was fitLed by Harry Knisely, Agent for the appli- cant, and public hea 1ng scheduled this date. Councilman Pebley sta~ed that he had reviewed the most recent report by the Planni * Staff anp Interdepartmental Committee following the filing of revise 'plaRs ind~c.ting reorientation of buildings and re- duction of minim~ n 'her of liVing units from 315 to 225 units, and there- upon moved that publ t hearing be continued to November 19, 1968, to allow for review and reco ndations py the Planning Commission. Councilman Krein seconded the tion. MOTION CARRIED. In respons to a request from those attending the meeting in op- position to said con itional use permit, Councilman Clark moved that the continued public hea ing be sch~duled for 7:00 P.M., November 19, 1968. Councilman Dutton se onded the ~otion. MOTION CARRIED. 68-657 1968 1-30 P.M. Mr. Thompson indiq ed that the 01ty Planning Commission will con- i":.~',,;:A.' tbe revised plans at ~ ir meetina of Noveaaber l8, 1968, at 7; 30 P.M. He not" that the plans and' Ie will be available for review by the public at the Development Services artment. AMUBDIENT DIICIS PERKIT: Appli. lor pe> it to allow a pool t' at 201 South Magnolia Avenue" visions of Chapter 3.24 of t Chief of Police, on motion b !<<)TION CARRIED. by Gary ~~ary!;.~w,for Mesa Land Company, Ie at the Clubhouse of an apartment building as submitted and granted subject to the pro- Anaheim Municipal Code, as recommended by the ouncilman Dutton, seconded by Councilman Clark. ITIO E P 'I NO. 964 .- a sit-..nths extension of ti No. 964, previously granted t ambulatory aged on R-3 zoned sub.ttttd together with repor Department. Request of Clar.ice Graham, for to coaplete conditions to Conditional Use Permit permit the establishment. of a rest home for the operty located at 2248 South Loara Street, was and recommendations of the Development Services On recommendation $ the Development Services Department, Council- man ClaWk moved t~at a six-~ ths extension of time be aranted, to-.pire April 24, 1969. Councilman . tton seconded the IBOtion. K>TION CARRrBD. j TION NO. 67-68-57' On report and recommenda- cilman Dutton offered Resolution No. 68R-685 L OF THI CITY or AlWIBIM AMENDING RlSOLUTIOI1 PROCEEDIIGS NO. 67-68-57. (Legal de.cTi~ion.) Krein, Clark and Pebley 68R-685 duly passed and adopte~~ S FIC* I NO. 68-69-9' On report and re- Serv~ces Department, Councilman g).in moved e units, be approved in connection with Con~ eviously approved to permit a l55-unit, three- mum building height, on tht.: south side of Avenue. Councilman Dutton seconded the Resolution Nos. 68R-686 to 68R-690, trrION OF THE CITY COPNCIL OF. ~ CITY or. DBID CONVEYING TO THB CITY OF AlWIIIM BMDT .FOR ROAD AND PUBLIC UTILITY PURPOSES. . ) UTION OF THE CITY COUNCIL OF THE CITY OF DBBD CONVEYING TO THE CITY OF ANAREIH !MENT FOR ROAD AND PUBLIC trrILITY p~.. UTION OF THE CITY COUNCIL OF THE CITY or DEED CONVEYING TO THE CITY OF ANAHEIM EMENT FOR ROAD 'AND PUBLIC UTILITY PURfOSIs. ~ ~ o 68-658 ~"cOUNIL,.MINurBS - November ft 1968 1~30 P. . Cit RESOLUTIOW NO. 68R-68 ANAHEIM ACCEPTING AN REAL PROPERTY FOR AN (Orange County Flood I :.'..... ':/1 'RESO~f... I~N. ..O....F THE C. IT.~.. ...COI,INCIL O.F ..T.JIE.....CITY OF SEM!NT DE. CONVEYING TO . THE CITY OF ANAlt!IM CERTAIN 'SEMENT FO PUBLIC STREET AND HIGHWAY PURPOSES. ntrol Dis rict.) , , .1 A RESOL~. ION OF THE CI.TY COUNCI. L OF T. .HE.. C. I.' TY ..OF NT GRANT, DEED CONVEYING TO THE CITY OF ANAHEIM. R AN EAS NT FOR ROAD AND PUBLIC UTILITY PURPOSES. n - RESOLUTION NO 68R-69 ANAHEIM ACCEPTING EA CERTAIN REAL PROPERTY (Louise W. Schroff.) AYES ~ NOES; ABSENT~ i I :~~;::: Krein, Clark and Pebley Ilared Res1lution Nos. 68R-686' to 68R-6~ , both inclu- opted. : eive, duly passed RiiO ION NO. 68R~69l - S tion of the City Atto for adoption. EMINENT DOMAIN' On report and reco~1\d~- offered Resolution No. 68R-69l Refer A RESOLUfION OF THE CI COUNCIL;'OF THE CITY OF ANAHEIM AUTHORIZING THE SETTLEMENT OF CERTAIN . NENT DO . IN LITIGATION AND DIRECTING THE PAYMENT OF CERTAIN SUMS IN CO CTION TH' EWITH. (Santa Ana Canyon Sewer Extension, $6,568.48.) Roll Call Vo e: n AYES: NOES: ABSENT: COUNC tHEN: COONe ~N: COUNe bIEN: Du~ton, Krein, Clark and Pebley No~ Sc~tte Resollution No. 68R-69l duly passed and' adopted. The Mayor de SETT OF CLAIM -CITY report and recommendat settlement of claim fi ComPany, et aI, be aut seconded the motion. ANAHEIM I S TERRA DEVELOPMENT 'COMPANY ET AL: On n of the I, ity Attorney, Councilman Krein moved that ed by theK::ity of Anaheim against 'Terra Development c>rized in !the amount of $3,500.00. Councilman Dutton TION CARRttED. PUB.C.SE: The Assistant Ci y Manager ~eported on bid z:eceived for the purchase of Lightning Arresters fo the Yorbai Sub-station, from General Electric Supply Company, in the amount of $2,894.,85, including tax, and recommended 'purchase be authorized. ,..., ~ I .~4 On motion by touncilmani Krein, seconded by Councilman Dutton, said purchase was authorize from Gene~al Electric Supply Company, in the amount of $2,894.85, includin tax. MO![ON CARRIED. PURCHASE OF EQUIPMENT: The !ssistant City Manager reported on informal bids re- ceived for thepurchas of a Fork Lift, as follows, and recolIlD.ended accep.t- aq.ce of the bid of Hys tr Company~ in the amount of $7,875.00, as the low bid received did not m tt design and maintenance standards recommended by the Mechanical Mainten ace Superintendent. On recommend tion of th~ Assist4nt City MaQ.ager, Councilman Krein aoved that the lowest Ild best qufilified bid of Hyster Company, in the amount of $7,875.00, includin tax, be a~cepted and purchase authorized. Councilman Clark seconded the mot CDn. MOTION CARRIED. CLAIMS AGAINST THE CITY: T t followin~ claims were denied, as recommended by the City Attorney, and ord ted referr~d to the insurance carrier, on motion by Councilman Dutton, sec aded by Councilman Clark: 68-659 1:30 P.M. ei.California - a. Claim of Mrs. r nces Hill, for personal injury damages, pur- portedlJ resulting from sust ing a twisted ankle while attending a game at Anahei.Stadium, on or about ly 28, 1968. b. Claim of Nora fDew~ for perso~al property d~g~s, purportedly resultiog from driving over a utility pole, on or about October 17, 1968. c. Claim of Ramon 'ntreras, for personal property damages to his vehicle, purportedly sustain~ at the Convention Center parking lot, on or about Oetober 12~ 1968. I I ~ION CARRIED. ,.uoLUTIQJ lI. 68R-692: tion. jKrein offered Resolution No. 68R-692 for adop- Refer to Resolution A RUOLlTION OF THE CITY CO MISSI0W-'OF A REQUlST TO THB CROSSI. PROTECTION FUND FOR TERSICTION OF THE ATCHISON. IN THE CITY OF ANAHEIM. L OF THE CITY OF ANAHIIM AUTHORIZING THE SUI- LIC UTILITIES COMMISSION PaR FUNDS FROM THE OTICTION OF CROSSING NO. 2-l67.4, AT THE IN- EKA AND SANTA FE UIL-.>AD AND SYCMI>RE STMET, Roll Call Vote: AYES = NOES; ABSENT: t.:::on, Krein, Clark and Pebley fChutte 'solution No. 68a-692 duly passed and adopted. COUNCILMEN: COUIfCILMEN : OOURCILMER: The Mayor declared OORRESPOI8E!II: The following co~ +spondence was ordered received and filed, on motien I, Councilman Dutton, +conded by Councilman Krein: ' ! a. City of Huntins lish~nt of Special Fire Dist b. City of PIa cent centia Plan" for teenage rep. c. City of Corona Mexican border by unaccompant d. City of Westmid to respect for law and order endorsiqg Proposition No.7, tion No. lA. n Beach Resolution No. 2856 -opposing estab- cts using funds from the.CQunty General Fund. Resolution No. 68-R-160 - adopting the "Pla- entation on the Recreation and Parks Commission. solution No. j566 - crossing of ealifornia- minors. (Narcotics). er Resolution No. 1082 - Calling for a re'turn d civil disobedience; and Resolution No. 1084, d Resolution No. 1084, in support of Proposi- e. Orange County B ,rd of Supervisors Resolution No. 68-1153 _ Metroports. f. Public Library Board - Meeting of September 16, 1968. g. Financial and 0 for the month of September, 1968. MOTION CARRIED. ORDINANCE NO. 2595: ~n offered Ordinance No. 2595 for adoption. Refer to Ordinance AN OIDI~CE OF THE CITY OF ANAHBIM OF THE TEl.RITORY 1M APPROVING THE AlNlXATION TO THE CITY OF DESIGNATED AS ORCHARD DRIVE ANNEXATION. Roll Call,Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Krein, Clark and Pebley ne'Mayor declared 2595 duly passed and adopted. ~ a o 68-660 Cit IL MINtrrES - November 6 1968 1:30 P.M. ORDllANCE NO. 2596: Counc lman clar~1 offered Ordinance, No. 2596 for adoption. Refer to Or 1nance Boo~. i ~F' ."...:.... .1 ~::. , AN ORDINANCE'OF THE C ,ty 'OF. ANA~. 1M AMEm>tNG TITLE 18 OF THE AmHEIM MUNJ;~ CIPAL CODE RELATING'T :ZONING.'K68-69-5 - C-3.) I , I AYES. Du~ton Krein, Clark and Pebley AB:~:: ~: ~=; =~~:tt: The Mayor qlared ord~nance No. 2596 duly passed and adopted. , OIDII6NCE NO. 2597: 1man Dutto+ offered Ordinance No. 2597 for adoption. Refer ~nance BOO+. AN ,ORDINANCE OF THE C jY OF ANAHtIM ,MofENDING TITLE 6 OF THE AN..umIK MUNICIPAL conE BY ADDING THE ICHAPTER 6 ~ 64. (Food Handling Busin,esses.) , , AYES: NOES: ABSENT: Du~'.ton, Krein, Clark and Peble~ No e Sc utte The Mayor Ord~nance No. 2597 duly passed and adopted. r1 , '~ i :1 O&DI~CE NO. 2598: 2598, which was 'offer He stated that he felt constitutional and amb not be prohibited; th to which the law would Santa Ana. man Duttoq called Council attention to Ordina~ce No. . for firs~ reading at the meeting of Oct()ber'29J~968. the provislions of the ordinance may be'consiclered un- ~uous; thajt animals that are harmless to people should the propdsed ordinance should spell out the animals apply,asts done in the ordinance of the City of He felt tha t the propos,~d ordinance should be further amend~d to spell out guide lines or determi!bingexceptions wherein wild animals would be allowed in places 0 her than zposand museums,where they are kept as live specimens 'for the public to 'Y'iew. The City Att rney noted' that the ordinance, asoriginalty proposed, has an advantage in th t it hasb~en interpreted by the Superior Court of Orange County; that it may be amehded as suggested by Councilman Dutton; however, he believes t at present laws under which only domestic animals are permitted are more restrictiv~ than the proposed ordinance. Councilman D tton quoted a paragraph from the Superior Court in- terpretation referred 0, and rec~mmended amending the ordinance to read as follows: "This ordina is, gentle as found in fish, monkeys, etc." not prohibit animals naturally gentle; that animals such as turtles, birds, garter snakes, :l. I ,.:; The City Att ~ney noted ',that the amendment Councilman Dutton re- quested is the Superio 'Court interpretation of the ordinance as first read at the meeting of Octo er 29, 196$. Councilman D tton stated that he felt inclusion in the ordinance itself would allay the fears of p.rsons keeping the type of animals named, and would assure them f their right to keep them under the new ordinance. At the ion of Coqncil discussion, the City Attorney was re- quested to prepare an nded ord~nance for Council consideration at the meeting of November 12, 1968. p. 68R-693 duly passed and adopted. 61-661 1m IL MINUTES ~.Ho'ge 1968 1:30 P.M. ctfIMHCI.. 2599: AN ORDINAlfCE OP THE CITY OF . 14.32.190 OF THE ANAHEIM MUNICI Portions ef South Street.). offerecl Otd~~q.~e No. 2599 for first re~ding. IM AMENDING TITLE 14, CHAPTER 14.32, SECtION L CODE, RELATING TO PARKING. (No Parking- OIPINANCI NO. ~OO: Councilman AN ORDtNAltCE OF THE CITY OF CODE RtLAmNG TO ZORING. (67-6 , ~ offered Ordinance No. 2600 for first reading. 1M AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL 57 - R-3.) loffered Ordinance No. 260l for first reading. QltIRUCI NO. ~l: AN ORDI~E OF THE, CITY OF ~ CODa RBLA!'1NG TO ZONING. ( 6l-B l1IfOID-JIIItI." CE - CODI OF ETHICS :1 " -.liI: tIe I, Chapter 1.Ol ; 5ect1oa 1.01.400, relating to a that Councilman Schutte reques~ in his absence. 1M AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL 69 (30) - M-l.) Discussion was held on a proposed ordinance the Anaheim Municipal Code, by ,adding thereto de of Ethics, and the City Attorney reported action 011 the proposed aaendment be deferred In answer to Council paragraph reading "Pindings of ' cialhas, 1n fact, violated th-: is not interpreted to be the ad determines sufficient grounds irresponsi.le prosecution. He Executive Session of the Counci stions, the City Attorney advised that the t by a majority vote, that an elected offi- section as a prerequisite to prosecution," n of a judicial body, but a finding which prosecution exist, and is a safeguard against ted that specific charges could be handled in .y general consent, fj was deferr.d for a full consideration of the proposed ordinance HOLIC Application submitted by Frank Sandoval, to-Person Transfer, for the Country Girl, im, (C-2 zone), was presented by the Assist- il for their information. 226 ant said application. AND reported ceipt of letters fr ment eorp~ation, and Betker Co ing be hela on Resolution No. 6 Lieu Fees. LION 10. 6 &-659. The Deputy City Clerk naheim Board of Realtors, Fredricks Develop- ruction Corporation, requesting public hear- 659, which increased Park and Recreation In The City Council ackn. consent ordered the matter held time date for a public hearing edged receipt of said requests, and by general er for a return of the City Manager, at which 1 be set. LUIION .. 8R -693 UCLASSIFICA tion of the City Engineer, Counc for adoption, deleting Conditio Euclid Aveaue. Refer to Resolution B N NO. 66-67-8. On report and recommenda- man Dutton offered Resolution No. 68R-693 o. 4, regarding de'dicat:i:onof access rights to A RESOLUTION OF THE CITY COUNCIL F 1:HE CITY OF ANAHEIM AMlNDING USOLUTION NO. 66R-581 IN RECLASSIFICATION OCEEDINGS NO. 66-67-8. 1.011 Call Vote= AYES: ':>ES: ABIENT: COUNCILMEN~ COUNCILMEN: CO UNC I LMEN = The Mayor declared Res (,., fl,! tJ ~ n Ci Hall Ana im California - CO 68-662 - November 6 1 i 30 P. M. WQII{ ORDER NO.J952: The 'Assistant' C :f;YMaIiage~reported that' E.J. : Tyreman Company, Inc., contractor for the improvement 0 {the Util~lty Yard, (Phase .III), at 901 East Vermont Avenue, has recoDlJlended that a c ncrete ti1Jlt-up structure be s,ubstituted for the metal, Butler-type building, specified or the pat and Recreation.Building, il1cluded,i~. ~prk Order No. 1952; that the contrac or has eXirienced difficulties with the metal struc- tures, and has offered to constr ct the co 'crete tilt-up structure at no increase in the contract price; however,add tional aro itectural fees will be necessary for struc- tural design and engineering. RE ~ Mr. Davis stated that he archite~ts, Rose & Fears, Incorporated, have made a tentative estimate of the addi tonal arc~~tectural fees in an amount not to exceed $4,000.00, and reconmended Counc 't approval! to proceed with the necessary changes. Council discussion fol ~wed, rega~ding the p08sib1lityof deferring~ction for one week, to allow study and recommendation regarding the estimated architectural fees. The Assistant City Eng ~eer, Ralp~ PGa:~c~ reported that time is of the essence, and plans should be preparedi 4Jiately if! the Council is agreeab~~to,tb~ proposea change. He stated that the acta 1 fee char~ed by the architect could be less than the amount tentatively stated, as th $ estimate: was obtained by telephone, and circumstances precluded a detailed analysis of the cost f~ctors involved. He stated that if approved, the architect would proceed on . time and ~terials basis, not to exceed'~4,900.00. He recommended that the Council ndicate approval of the recommended change in plans, so that no delay in construction .ill occur; fee t~ be approved ~ta later, date. Following further Coun 11 discuss~on, Councilman Dutton moved that the pro- posed change in plans be approve in concep~, and related architectural services be authorized at a cost not to exce . $3,000.00, subject to future Council review on pre- sentation of information to subs antiate any fees exceeding that amount. Councilman Clark seconded the motion. IDTI. CARRIED. ROL ZONE - ISNEYLAND HELIPORT: the Federal Aviation Administrat ment of a control zone at the Di a letter of opposition authorize connection with subject applicat conflict with future establishme In view of the clarifi filed by the Federal Aviation Ad sures during times of limited vi operation of a Metroport, the Ci previous objections to the appli Councilman Krein left On motion by Councilma authorized to transmit a letter Council objections to the subjec received. H)TION CARRIED. Councilman Krein n ...,,,if ST - ORANGI COUNTY SERVICEMEN'S request was received from the Or $50.00 fee for use of the ShowW November 7, 1968. He noted that up the Show Wagon and no waiver ganization for its use. On motion by Councilma was denied, as it is in conflict PO SESSORY INTE ST TAX - AUTHORIZATI quested Council authorization to analyze possessory interest tax which were paid under protest. be City A~torney reported receipt ofa letter frOB ' ,n, clarifldng the intent of the requested eS,tabliah- ieyland He~iport in Anaheim. He called attention to by the City Council, requesting public hearing in On, (Air Space Doc ket No. G;-"T:"':-46), due to possible t of a Mettoport. ation rece~ved, indicating that the application was inistratiob. for the intent of provicling safety mea- ibility, and will in no way prohibit possible fut~re 'J Attorney' recommended that the City C01.1ncilwithdraw ation. . Chambers, (3: 2') P.M.). Dutton, s,conded by Councilman Clark, the M4yor was o the Fedetal Aviation Administration, withdrawing applicati,n, based on the clarification of intent to the ~ouncil Chambers, (3:25 P.M.). ER: Th. Assistant City Manager reported that a qge County Servicemen's Center, for waiver of the son during their Dedication Ceremony, to be held the fee co.ers the cost of transporting and setting d been prtviously granted to any other8roup or or- by Councilman Krein, said request City Policy. MOTION CARRIED. 68-663 It MINUTIS - Nov.-ber 6 1968 1:30 P.K. eu. California- Councilman Krein MOt man Dut tOn seconded the IIIOt10n that said authorization be granted. Council- I !Ill!._ CADlID. tity Attorney requested Council authorization btain a copyright on the dc;'.' 13n of the exterior ated :it the Anaheim,Convention Center. : JltPLOYMBN'l OF .!,:rATllttAItPlUt&y: The to ~lo' a patent atrorney to reader beard structure to :: c 1 On motion by Counci~ employmeat was authoriaed. n Krein, seconded by Councilman Du~ton, said ON CARRIED. e-Tn_~: ~tl". to adjourn. Councilman Clark seconded the Councilman Krein mo~ 11>1"10. CARRIKD. ADJOURmll: 3: 30 P. M. IIGNBD li'fornia - 1968 1:30 P.K. The City Council 0 the City of Anaheim met in regular session. POSEN'!: ABSINT: PUSBHI: COUNCILMEN: COUNCILMEN: Schut CITY MANAGER: Ke~ ASSISTANT CITY A ' CITY CLERK: Dene CITY DGIRIER: J ZONING SUPERVISOR: and Pebley A. Murdoch John Dawson Wi ~_ ,_ iams s P. Maddox ! Ronald Thompson Mayor Pebley calle jthe meeting to order. PLAG stLUTI: Councilman to the Flag. ~ led the Assembly in the Pledge of Allegiance I P~TIONS: The !Proclamations were issued by ~yor Pebley: ! "Leukemia nday" - November 17, 1968. "International Day Korea" - December Goodwill to the People of the Republic of , 1968. MINUfES: MUlutes of the Anaheim were approved on motion by 0 MOTION CARRIED. ty Council meeting held October 22, 1968, ncilman Krein, seconded by Councilman 'Dutton. OLUT 0 Councilman Dutton moved to wai.. iDances and resolutions, and that consent to y given by all Councilmen, unless after read- est is made by a Councilman for the reading Councilman Krein seconded the motion. f) LJ ~ n