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1967/03/0710001 City Hail~ Anaheim, California - COUNCIL MINUTES Mar. ch 7~ 19677 1:30 P.M. The City Council of the City of Anaheim met in regular session~ PRES ABSENr~, PRESENT (C,i?N(,l!2,lE,',i DutCen, Schut[e, Chandler and Krein, COLiNC1LMEN: Pebley. CIrY 5L~NAGER; Keith A, Murdoch. CITY ATTORNEY: Joseph Geisler. CIFY CLERK: Done M. Williams. PUBLIC WORKS DIRECTOR: Thornton E. Piersall~ CITY ENGINEER: James P. Maddox, DEVELOPMENT SERVICES DIRECTOR: Alan G. Orsborn. ASSISTANT DEVELOPMENT SERVICES DIRECTOR: Robert Mickelson. ZONINC SUPERVISOR Ronald Thompson, PI,%NNIi(i, SFPERVISOR: Ronald Grudzinski. PARKS AND RECR~TION DIRECTOR; John Collier, ('ONVENIiON CENTER AND bi'Af)i(NI D[2ECTOL: Tom I.!esler. }laver Krein ~alled the meeting to order. ANAHEIM SFAI)iUM RENTAL FEE HODIF1CATION: City Manager Keith Murdoch, repartee that review of rental rates at Anaheim Stadium has been in progress since the end of the first baseball season by the Council Committee and the Staff, with reconnmendations soon to be forthcoming pertaining to the various types of events. He submitted for Council review a recommended rental formula for "seating" type events only, and advised that one week-night event, proposed to be held in the stadium on August 2, 1967, needs immediate Council determination on rental fees for a seating event, that is an exhibition professional football game Los Angeles Rams versus another Major League opponent. Mr. Murdoch briefed a proposed formula, calling for the same advance payment of $5,000 to cover stadium operation costs provided by the city, plus ten percent of the gross admission revenue, and 50 percent of the city's share of concession revenue, the city to retain all parking lot profits. He further advised that it is the recommendation of the staff and the Stadium Committee that presently accepted rates for this single seating event at Anaheim Stadium be modified as set forth in the re- commended rental formula, with the full understanding that approval of said modification would probably initiate the establishment of a pattern. On motion by Councilman Chandler, seconded by Councilman Dutton, modification of rental fees for use of Anaheim Stadium was approved for the single event to be held August 2, 1967, as recommended. MOTION CARRIED. bIINUTES: Approval of the Minutes of the Anaheim City Council Meetings held February 14, 21 and 28, 1967, and Adjourned Regular Meeting of February 27, i967, was deferred one week, March 1.4, 1967. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Dutton moved to waive the reading in full of all ordinances and resolutions, and that ~ onsunt to> the waiver of reading is hereby given by all Councilmen unless after reading of the title, specific request is made by a Coumilman for th~ reading of such ordinance or resolution. Councilman Sch~t t(' sc~)~cl~d ' ,,:. !m~tiom MOTION UNANIMOUSLY CARRIED, REPORT - FINANCIAL DEMANDS AGAINST 'THE CITY: Demands against the City in the amo~mt of ~230,1/4 t 05~ in accordance with the '1966-67 Budget, were approved. CONDIIIONAL USE PERMIT NO. }46: Submitted by Kenyon K. Kohne, Attorney for the applicant, requesting amendment to the required six foot masonry wall: k-3 zoned property located at 920 South Nutwood Street. Said request was ~onti~uod From the meetings of September 27, December 27~ ]c~6~>, and Jan~:aFv 24, 1967 to February 14 to allow additional time ':~ nc'~',!ia+~ with pr,~2,~rt, ,,~wner to .~he !-;nl~t[~ for a possible solution to thc problem, At Lt~at time, it was reported that the attempt to resolve the problem had apparently failed, and final determination on subject request was continued to this date 10002 City Hall~ Anaheim~ California COUNCIL MINUTES - March 7~ 1967~ 1:30 PoM. Mayor Krein asked if the applicant or his representative was present~ there was no response. Zoning Supervisor Ronald Thompson reported that the staff had been in touch with Mrs Knisely, of Knisely and Kohne, Attorneys at Law, and apparently they have been unable to reach an agreement; that at one time there had been complaints regarding parked vehicles and also a trash problem on the vacant area south of subject property; however apparently no recent complaints have been received, He thereupon reaffirmed the Development Services Department recommendations that subject request be denied~ Council discussion was held, and Councilman Dutton reported on his visual inspection of the area, noting that there was no indication of any dust problem nor of people using the vacant property as a "shortcut"; however there were approximately 15 vehicles parked on the property, which apparently belong to the people residing in adjacent apartments. Councilman Dutton moved that 90 day temporary waiver be granted to masonry wall requirement on the south boundary of subject property (Condition No~ 4, City Planning Commission Resolution No~ 611, Series 1962-63). Council- man $chutte seconded the motion, MOTION CARRIED. LEASE OF CITY OWNED PROPERTY - ANAHEIM ART ASSOCIATION: Parks and Recreation Director John Collier briefed his memorandum report dated February 24, 1967, recommending that the city lease the Spencer House (2660 West Broadway) to the Anaheim Art Association for three years, on a non-exclusive basis, said lease to include the following provisions: That any classes they hold in the building should be open to the public~ 2. That the fees charged be reasonable and nominal° 3. That the City reserve the right to schedule other activities in the building in the long range programming° In other words, before the season's schedule is firm the Department would submit any of its needs which would be compatible with the use of the building to be incorporated in the master schedule, That the Art Association would work with the Department in providing programs in the community when such programs are determined to be of special value to the community~ 5. That we have the privilege of contracting with the Art Association for them to provide or offer classes which we might normally conduct at this and other locations. 6. No sale of art can be consummated on the premises without a special dispensation of the Council° 7~ No use of liquor in the buildings 8 The Anaheim Art Association will post a sign relative to their use of the building; the name of the Anaheim Parks and Recreation Department will appear at the bottom of the sign in small letters. He reported that the Anaheim Art Association has agreed to paint interior and exterior of the building, and install new floor covering at an estimated cost of $2,000~, and to carry out tenants requirements for utilities and janitorial services; further, they will maintain proper insurance for liability during the times their activities were in session. It would be the city's responsibility to maintain restrooms in working condition, as well as any other necessary maintenance services. In addition, the city would providea fire escape, along with some additional necessary work. The City Manager reported that the estimated initial cost to the city for the fire escape and other items would be a maximum of $5,000., t~e only additional cost during the three year period being the necessary maintenance~ ' In response to Councilman Chandler's question, Mr~ Murdoch noted that classes held in the building would be opened to the public, with any fees charged to be nominal~ and he compared the Art Association activities to those of the Senior Citizens group and other organizations which provide recreation, or supervision of recreational activities, as an organization separate from the department, however constituting an important part of the recreational program in the city~ 10003 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 7~ 1967~ 1:30 PoM. Councilman Chandler moved that the City Attorney be instructed to prepare a resolution authorizing execution of a three year lease of Spencer House by the Anaheim Art Association, as recommended by the Director of Parks and Recreation. Councilman Dutton seconded the motion~ MOTION CARRIED~ TRANSFER OF FUNDS: On motion by Councilman Schutte, seconded by Councilman Chandler, transfer of funds in the amount of $5,000.00 was authorized from the Council Contingency Account to the Parks Capital Improvement Account, No~ 107-620-93.5-04, for necessary improvements to Spencer House, 2660 West Broadway. MOTION CARRIED~ DINNER-DANCING PLACE PERMIT~ Application filed by Jack S. Stansfield and Edward M. Williams for a dinner-dancing place permit at Tap City Restaurant, 1116 Fountain Way, was submitted and granted, subject to provisions of Chapter 4~16 of the Anaheim Municipal Code as recommended by the Chief of Police, on motion by Councilman Dutton, seconded by Councilman Schutte. MOTION CARRIED. SIDEWALK WAIVER - 3051MIRALOMA AVENUE: Request of Orange County Food Service, Inc~, for temporary waiver of sidewalks at 3051 Miraloma Avenue, was submitted. On the recommendations of the City Engineer, Councilman Chandler moved that temporary sidewalk waiver be granted, subject to the provision that no permanent planting nor permanent type improvements be permitted within the area reserved for future sidewalk~ Councilman Dutton seconded the motion~ MOTION CARRIED° REQUEST - OFFICE USE OF TEMPORARY BUILDINGS - LAURA SCUDDER'S: Request of N. L. Machos, Laura Scudder's, for use of temporary buildings for office purposes (two year maximum period), pending construction of additional facilities was submitted together with plot plan of the property and brochure illustrating the temporary structures under consideration~ On the recommendation of the Development Services Department, Councilman Chandler moved that said request be granted for a two year period, subject to all Uniform Building Code requirements° Councilman Dutton seconded the motion. MOTION CARRIED.~ TRAILER REQUEST - CENTRAL ASSEMBLY OF GOD CHURCH: Request of B. V. Womble Secretary-Treasurer, Central Assembly of God Church, for permission to use a 7 by 12 foot trailer for temporary Sunday School class room, pending construction of additional facilities, was submitted together with report from the Development Services Department recommending denial of said request, due to the inadequate size of the trailer for the use proposed, and the lack of two exits, as required by the Building Code. Property located on the east side of East Street, approximately 132 feet north of Turin Avenue. Councilman Dutton moved that the foregoing request be denied, as recommended by the Development Services Department. Councilman Schutte seconded the motion~ MOTION CARRIED~ RENEWAL OF LEASE .- CITY OWNED PROPERTY~ Report from the City Engineer dated February 23, 1967 was submitted, recommending that two year lease of city owned property at ll~-ll6 North Clementine Street by Mr~ Ho F~ Peak, Supreme Art Products Company, be renewed for an additional three year period, effective July l, 1967, at the same rental figure of $150~00 per month~ It was noted that the City Council authorized the original lease on April 27, 1965 with the option of an additional three year renewal if the property was still available for lease. It was moved by Councilman Chandler, seconded by Councilman Dutton, that extension of subject lease be approved and the City Attorney be authorized to prepare the necessary doc:uments accordingly. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held February 15, 1967, pertaining to the following applications were submitted for City Council information and consideration: 10OO4 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 7~ 1967~ 1:30 PoM. CONDITIONAL USE PERMIT NO. 904: Submitted by Clifton and Marilyn Marshall requesting permission to establish a children's day nursery in an existing residence with waiver of maximum permitted sign area; R-1 zoned property located at 744 North East Street. The City Planning Commission pursuant to Resolution NOo PC67-29 granted said conditional use permit, subject to conditions. CONDITIONAL USE PERMIT NOo 918: Submitted by Gulf Oil Corporation requesting permission to establish a carwash in conjunction with an existing service station; C-1 zoned property located at 2801 West Lincoln Avenue. The City Planning Commission pursuant to Resolution No. PC67-30 granted said conditional use permit, subject to conditions. CONDITIONAL USE PERMIT NO~ 920: Submitted by Frank R. Krogman requesting permission for on-sale beer and wine in an existing restaurant, with waivers of minimum required parking spaces, maximum number of roof signs, minimum distance between roof signs, and minimum distance between roof and free- standing signs; C-1 zoned property located at 1935 East Lincoln Avenue. Denied by the City Planning Commission, pursuant to Resolution No. PC67-31~ VARIANCE NOo 1851: Submitted by Leonard and Annette Shapiro and Bernard and Rene Shapiro requesting waivers of permitted free-standing sign location and minimum display surface height; M-1 zoned property located at 1500 East Cerritos Avenue~ Granted by the City Planning Commission, subject to conditions, pursuant to Resolution No. PC67-32. VARIANCE NO. 1852: Submitted by Beulah B. Watson requesting waiver of maximum permitted sign height; C-1 zoned property located at 2800 West Lincoln Avenue. The City Planning Commission pursuant to Resolution No. PC67-33 denied said variance. VARIANCE NO. 1853: Submitted by Richard E. Jones and Robert D. Peterson requesting permission for a 7-foot decorative screen fence within the required lot, landscaped setback and waiver of required parking; C-1 zoned property located on the south side of Broadway, the easterly property line being west of the centerline of Philadelphia Street~ Granted by the City Planning Commission, subject to conditions, pursuant to Resolution No~ PC67-34. VARIANCE NO. 1805 - EXTENSION OF TIME: Submitted by William C. O'Reilly requesting extension of time for compliance with conditions of City Planning Commission Resolution No~ PC66-2 granting said variance to allow waivers of minimum site area, minimum side yard setback, and six foot masonry wall on Portion 1, and to permit a parking lot as a primary use on Portion 2o Property located generally at the southeast and southwest corners of Santa Ana Street and Harbor Boulevard~ Six months extension of time was granted by the City Planning Commission, subject to dedication for the widening of Harbor Boulevard, including fifteen foot radius corner return, within thirty days. VARIANCE NO. 908 - TERMINATION: The City Planning Commission granted Variance No. 908 on February 3, 1958, permitting the erection of a directional sign at the southeast corner of Lincoln Avenue, advertising Tract No. 1812 (Lamore Construction Company). The City Planning Commission pursuant to Resolution No~ PC67-37 terminated all proceedings on said variance, on the basis that the directional sign has been removed from the property. 10005 City Halls Anaheim~ California - COUNCIL MINUTES - March 7~ 1967, 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 variance applications. SANTA ANA CANYON ROAD ACCESS POINTS - PRECISE ALIGNMENTS: The City Council on January 11, 1966, adopted access points to the Santa Ana Canyon Road in accordance with Exhibit No. 7, as recommended by the City Planning Commission. Zoning Supervisor Ronald Thompson briefed excerpt from the minutes of the City Planning Commission meeting held February 27, 1967, reporting that in order to fully implement the access points planned, the additional step of establishing precise alignments for the arterial highways intersecting the adopted access points must be taken, thereby allowing the respective city or county government agency to definitely indicate the location of these highways in order that developers of the adjacent properties would be aware of circulation routes. It was recommended by the City Planning Commission that the following steps be considered by the Orange County Planning Commission for implementation as soon as possible: The initiation of precise alignment studies for arterial highways inter- secting Access Point Nos~ 7, 9, 10, and 11, as depicted on Exhibit 7, Access Points Santa Ana Canyon Road. The referral of all minor subdivisions (parcel maps) within the potential area of expansion to the City of Anaheim for consideration and comment. Mr. Thompson noted that access points Nos° 7, 9, 10 and 11 are located east of the Imperial Highway in the Santa Ana Canyon area. In answer to Councilman Chandler's question, Mr. Thompson advised that No. 2 recommendation should read as follows: The referral of all minor subdivisions (parcel maps), in addition to other subdivisions within the potential area of expansion to the City of Anaheim for consideration and comment~ On motion by Councilman Dutton, seconded by Councilman Chandler, the City Council concurred with the recommendations of the City Planning Commission, with the correction to Recommendation No. 2 as noted, and ordered a copy thereof forwarded to the Orange County Planning Commission. MOTION CARRIED. PUBLIC IMPROVEMENT PROJECTS - CALL FOR BIDS: Councilman Schutte offered Resolutions Nos~ 67R-112 and 67R-113 for adoption. Refer to Resolution Book~ RESOLUTION NO. 67R-112 - JOB NO. 1204: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE IA PALMA AVENUE SEWER IMPROVEMENT, FROM JEFFERSON STREET TO APPROXIMATELY 1227 FEET EAST THEREOF, IN THE CITY OF ANAHEIM, JOB NO. 1204~ APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETCo; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF~ (Bids to be opened March 30, 1967, 2:00 P.M.) RESOLUTION NO. 67R-113 - SS PROJECT NO. 418 A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CON- VENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE CONSTRUCTION OF THE KATELLA AVENUE GRADE SEPARATION AT THE ATCHISON, TOPEKA AND SANTA FE RAILROAD, IN THE CITY OF ANAHEIM, SS PROJECT NO. 418-A; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING 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° (Bids to be opened April 13, 1967, 2:00 P.M.) 10006 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 7, 1967, 1:30 P.M. Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Krein None Pebley The Mayor declared Resolutions Nos. 67R-112 and 67R-113 duly passed and adopted. City Engineer James P. Maddox reported on projected completion date for the Katella Avenue grade separation, the method of detouring traffic during construction, and the effect on the current baseball season. RESOLUTION NO. 67R-114 - JOB NO. 5021~ PHASE III: Upon receipt of certification from the Director of Public Works, Councilman Dutton offered Resolution No. 67R-114 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE SOUTH STREET STORM DRAIN, IN SOUTH STREET FROM MANCHESTER AVENUE TO EAST STREET, IN THE CITY OF ANAHEIM, JOB NO. 5021, PHASE IIio (Kordick & Son, Inc. & Martin F. Kordick) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Krein None Pebley The Mayor declared Resolution No. 67R-114 duly passed and adopted. CLAIM AGAINST THE CITY: Claim submitted by Jean C. Schaefer for injuries purportedly resulting from a fall on or about January 17, 1967 was submitted. Miss Schaefer addressed the Council explaining her injuries, advising of difficulty in obtaining information relative to the method of filing a claim against the city, and requested that her claim for medical expenses be honored. City Attorney Joseph Geisler advised of the city's position relative to claims against the city. On the recommendations of the City Attorney, said claim was denied and ordered referred to the Insurance Agent, on motion by Councilman Chandler, seconded by Councilman Schutte. MOTION CARRIED. DEEDS OF EASEMENT: Councilman Schutte offered Resolutions Nos. 67R-115 through and including 67R-125 for adoption. Refer to Resolution Book. RESOLUTION NO. 67R-115: 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 HIGHWAY AND PUBLIC UTILITY PURPOSES. (Carl J. Bleck) RESOLUTION NO. 67R-116: 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 AN EASEMENT FOR ELECTRIC POWER POLES, LINES, CROSS-ARMS AND INCIDENTAL PURPOSES. (Wilmsen and Fredericks Development Corp.) RESOLUTION NO. 67R-117: 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° (Chester L. Kuebler) 10007 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 7~ 1967~ 1:30 PoMo RESOLUTION NO. 67R-118: 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 INSTALLATION AND MAINTENANCE OF UNDER- GROUND ELECTRICAL FACILITIES° (Sierra Downs, Inc.) RESOLUTION NO~ 67R-119: 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. (North American Aviation, Inc~) RESOLUTION NO~ 67R-120: 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 INSTALLATION AND MAINTENANCE OF WATER LINES~ (Casa Pacifica) RESOLUTION NOo 67R-121~ 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 UTILITIY PURPOSES° (Earl Eo and Mary P. Hardaway) RESOLUTION NO~ 67R-122~ 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 AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Rinker Development Corp,) RESOLUTION NO° 67R-123: 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. (John N. and Mary M, Spousta) RESOLUTION NOo 67R-124: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR EASEMENTS FOR ROAD AND PUBLIC UTILITY PURPOSES° (Orange Unified School District of Orange County, California) RESOLUTION NOo 67R-[25: 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 ~SEMENTS FOR SANITARY SEWER AND PUBLIC UTILITY PURPOSES° (George Newton Watts, Jrt, and Alice Ann Watts, and Wilma Watts Cook) Roll call vote~ AYES: COUNCILMEN: NOES~ COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Krein None Pebley The Mayor declared Resolutions Nos. 67R-115 through and including 67R-125, duly passed and adopted~ EMINENT DOMAIN LITIGATION - POWELL PROPERTY: The City Manager reported on the proposed extension of Convention Center Way to West Street for additional traffic circulation and drainage purposes, advising that an agreement with the owners of the property required in connection with a portion of the road way easement, as authorized by the City Council February 21, 1967, had not been reached, and he recommended that the City Council take the only alternate course by authorizing eminent domain proceedings on the minimum necessary portion of the property in question for a 32 foot easement, and request immediate possession hereof. RESOLUTION NO. 67R-126: Councilman Dutton offered Resolution Noo 67R-126 for adoption~ Refer to Resolution Book, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE NECESSITY FOR, AND DIRECTING THE ACQUISITION BY EMINENT DOMAIN OF REAL PROPERTY FOR HIGHWAY AND PUBLIC UTILITY PURPOSES° (Powell Property ~- Convention Center Way extension to West Street) Roll call vote: 10008 City Hall? Anaheim, California - COUNCIL MINUTES - March 7~ 1967~ 1:30 PoM. AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Krein None Pebley The Mayor declared Resolution No. 67R-126 duly passed and adopted. OFFER TO PURCHASE CITY OWNED PROPERTY .~COOMES): Due to a possible conflict of interest, Mayor Krein withdrew from the Council Table, and Acting Mayor Pro Tem Schutte assumed chairmanship of the meeting~ Mr. Murdoch reported on proposed sale of surplus city owned pro- perty, a triangularly shaped parcel on the south side of La Palma Avenue, lying adjacent to and on the west side of the Atchison Topeka and Santa Fe Railroad right-of-way, east of Pauline Street~ He advised that sale of a similar parcel on the north side of La Palma Avenue is pending at 66.4 cents per square foot, and the proposed purchaser of subject parcel has offered to pay the same amount. Mr. Murdoch called attention to a portion of property owned by the proposed purchaser Mr. Coombs, which was condemned in connection with re- alignment of La Palma Avenue, advising that the litigation has not been settled, and if the City Council agrees to pay the same 66°4 cents square foot price for the condemned property, the litigation can 'be dismissed. The payment in settlement of the litigation, and the purchase of the surplus property owned by the city would be included in one escrow proceeding. Final determination on said proposal was deferred to the evening meeting for further study by the City Attorney, (Refer to Page No. 10015) Mayor Krein resumed chairmanship of the meeting. PURCHASE OF GASOLINE: Mr~ Murdoch advised that proposals have been received by the County of Orange for purchase of gasoline, the successful bidder being Union Oil Company. He recommended that the City of Anaheim continue purchasing gasoline, under the new contract, effective March 1, 1967, at the following rates: Regular 200 ~- 399 gallons or more ~2002 400 - gallons or more ~1902 Truck & Trailer 5000 Gallons 21782 Premium 200 -. 300 gallons or more ~221 400 - gallons or more .211 Truck & Trailer ~2025 On the recommendations of the City Manager and the Purchasing Agent, Councilman Schutte moved that. the City of Anaheim continue purchase annual gasoline required t,nder Orange County contract. Councilman Dutton seconded the motion. MOTION CARRIED. PURCHASE OF PROPERTY - YORBA SUBSTATION: Mr. Murdoch reported on proposed purchase of property for the Yorba Substation site, advising that investiga- tion has indicated the best location would be two parcels of property located on the south side of La Palma Avenue (extended), adjacent to the extension of Orchard Drive, between properties owned by the Atchison Topeka & Santa Fe Railroad and properties owned by Warner Lambert. Assistant City Manager Robert Davis pointed out the location of subject properties on a parcel map posted on the east wall of the Council Chamber, and advised that one parcel contains 4.02 acres, said parcel having no frontage on either street, and the other parcel contains .45 acre, offered for $16,000 per acre, said parcel having frontage on La Palma Avenue. Mr. Murdoch noted that the city would require approximately two acres of the total property, and the intent was to dispose of the excess property. He noted that the location of the parcels was ideal for the sub- station, as it would give immediate proximity to a power line which will be installed adjacent to the south side of the property, along the Santa Ana River. 10009 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 7, 1967~ 1:30 P~M, At the conclusion of the brief discussion that followed, it was moved by Councilman Chandler, seconded by Councilman Dutton, that purchase of the two parcels for a substation site be authorized at the base acreage prices quoted by the Assistant City Manager as determined by survey of the pro- perty. MOTION CARRIED. RESOLUTION NO. 67R-127 PEARSON PARK POOL FEES: On the recommendations of the Parks and Recreation Director, Councilman Chandler offered Resolution No. 67R-127 for adoption. Refer to Resolution Book~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING THE RATES TO BE CHARGED FOR ADMISSION TO, AND USE OF THE PEARSON PARK POOL AND ALL OTHER SWIMMING POOLS UNDER THE JURISDICTION OF AND OPERATED BY THE PARKS AND RECREATION DEPARTMENT° ($0°50 per session for adults, $.25 per session for children) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Krein None Pebley The Mayor declared Resolution No~ 67R-127 duly passed and adopted. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Dutton, seconded by Councilman Chandler: Minutes - Anaheim Public Library Board - Meeting of January 16, 1967. b. Financial and Operating Reports for the month of January, 1967. MOTION CARRIED ~ ORDINANCE NO. 2363: Councilman Schutte offered Ordinance No. 2363 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE BY ADDING A NEW CHAPTER TO BE NUMBERED 18.37~ (Commercial Recreational Zone - C-R) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Krein None Pebley Mayor Krein declared Ordinance No. 2363 duly passed and adopted. ORDINANCE NOo 2364: Councilman Dutton offered Ordinance No. 2364 for adoption. Refer to Ordinance Book~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTER 18.85. (Commercial Residential Zone - Special Setbacks) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Krein None Pebley Mayor Krein declared Ordinance No~ 2364 duly passed and adopted. 10010 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - March 77 1967~ 1:30 PoMo ORDINANCE NO. 2365: Councilman Dutton offered Ordinance No. 2365 for adoption. Refer to Ordinance Book~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING° (62-63-41 - Cpi, Lots 5 and 6) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Krein None Pebley Mayor Krein declared Ordinance No. 2365 duly passed and adopted. ORDINANCE NO. 2366: Councilman Chandler offered Ordinance No~ 2366 for adoption. Refer to Ordinance Book~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING° (66-67-39 - C-l) Roll call vote: AYES: COUNCILMENg NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Krein None Pebley Mayor Krein declared Ordinance Nos 2366 duly passed and adopted. ORDINANCE NO. 2367: Councilman Schutte offered Ordinance No. 2367 for adoption. Refer to Ordinance Book~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING° (66-67-23 M-l) Roll call vote: AYES: COUNCILMEN: NOES ~ COUNCILMEN: ABSENT~ COUNCILMEN: Dutton, Schutte, Chandler and Krein None Pebley Mayor Krein declared Ordinance No. 2367 duly passed and adopted. ALCOHOLIC BEVERAGE LICENSE APPLICATION: Application submitted by Richard E. Flaherty on behalf of Family Hofbrau, Inc., for Person to Person Transfer of On-Sale Beer license at the Family Hofbrau~ 1652 West Lincoln Avenue (C-3 zone - Conditional Use Permit No. 104) was presented by the City Manager to the City Council for their information. No Council action was taken on said application. RESOLUTION NO. 67R-128: On report and recommendations of the City Manager and the Personnel Director, Councilman Schutte offered Resolution Nos 67R-128 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 64R~459 AND ESTABLISHING RATES OF COMPENSATION FOR TWO NEW JOB CLASSES. (Senior Utility Serviceman and Principal Draftsman) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Krein None Pebley The Mayor declared Resolution No. 67R-128 duly passed and adopted. 10011 City Hall~ Anaheim~ California- COUNCIL MINUTES - March 7~ 1967~ 1:30 P.M. TRANSFER OF FUNDS: On report and recommendation of the City Manager, transfer of funds in the amount of $176,354.19 was authorized from the General Fund to the Capital Outlay Fund (Dyke Water Company water facilities - sale to Southern California Water Company), on motion by Councilman Schutte, seconded by Councilman Dutton. MOTION CARRIED. RESOLUTION NO. 67R-129: On the recommendations of the City Engineer, Councilman Schutte offered Resolution No. 67R-129 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 BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND THE CITY PROVIDING FOR THE WIDENING AND IMPROVEMENT OF A PORTION OF SOUTH STREET. Roll call vote: AYES: COUNCILMEN: NOES: CO UNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Krein None Pebley The Mayor declared Resolution No~ 67R-129 duly passed and adopted. RESOLUTION NO. 67R-130: On report and recommendation of the City Attorney, Councilman Dutton offered Resolution No~ 67R-130 for adoption, authorizing incorporation of an additional amendment to the Nohl agreement dated October 20, 1964, to that previously authorized by the City Council February 21, 1967 by Resolution No~ 67R-102, Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THAT CERTAIN AGREEMENT ENTERED INTO ON OCTOBER 20, 1964 BETWEEN THE CITY OF ANAHEIM AND LOUIS E. NOHL AND MARGARET E. NOHL; AND RESCINDING RESOLUTION NO. 67R-102. Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Krein None Pebley The Mayor declared Resolution No~ 67R-130 duly passed and adopted. INVITATION: The City Clerk reported that the City Council has received an invitation to the dedication of the Cypress Civic Center, March 18, 1967, 2:00 P.M. URBAN REDEVELOPMENT: In response to Councilman Schutte's inquiry, Mayor Krein reported that an informal meeting of the City Council would be held March 21, 1967, at 9:30 AoMo to discuss the Victor Gruen report on Urban Re- development for the downtown area of the City of Anaheim, and the possible application of the recommendations contained in said report. The City Clerk reported that the issue would be scheduled on the March 21st Council Agenda. ANAHEIM STADIUM ACCESS: Councilman Chandler asked for a report relative to a proposed access road from Katella Avenue to the parking lot on the east side of Anaheim Stadium. Director of Public Works Thornton E. Piersall located the area in question on the General Plan map, and reported that the roadway was proposed to extend from Katella Avenue to Orangewood Avenue in the area of Douglas Street, west of the Santa Ana River, with a connecting access from the East. He noted that as projected, the accessways would require a separation of the future Orange Freeway, but would not include provision for on or off ramps, In his opinion, overall benefits which would be derived from the access road would be well worthwhile. 10012 City Hall, Anaheim, Ca. lifornia - COUNCIL MINUTES - March 7~ 1967, 1:30 P.M. PERMISSION TO LEAVE THE STATE: On motion by Councilman Chandler seconded by Councilman Dutton, Mayor Krein was granted permission to leave the state during a period between March 11 and 16, 1967. MOTION CARRIED. RECESS: Councilman Dutton moved to recess to 7:00 P.M. to the Central Library, for the purpose of considering amendments to Title 18 of the Anaheim Municipal Code by the addition of Chapter 18.65 - Regulation of the storage of camp cars, trailers, boats and other commercial vehicles. Councilman Schutte seconded the motion. MOTION CARRIED. AFTER RECESS - CENTRAL LIBRARY: The meeting was called to order, 7:00 P.M. by Mayor Krein who announced that this was the time and place to hear and consider a proposed revision to the ordinance regulating storage of camp cars, trailers, boats and other commercial vehicles. PRESENT: ABSENT: PRESENT: COUNCILMEN: Dutton, Schutte, Chandler (entered the meeting 7:10 P.M.) and Krein. COUNCILMEN: Pebley. CITY MANAGER: Keith Ao Murdoch. CITY ATTORNEY: Joseph Geisler. DEPUTY CITY ATTORNEY: Furman Roberts. CITY CLERK: Dene M. Williams. ASSISTANT DEVELOPMENT SERVICES DIRECTOR: Robert Mickelson. Mayor Krein reported that draft of three proposed ordinances have been submitted, one being the original proposed ordinance prepared by the City Attorney's Office in conjunction with the City Planning Commission; one suggested by the Citizens Committee appointed by the City Council to study the matter, and the third offered by the Trailer Coach Association. Mayor Krein thereupon invited Mr. Alexander Ao Discoe, Chairman of the Citizens Committee, to present their proposal. In explaining the Committee's research and recormnendations, Mr. Discoe advised that the basic difference from the original recommended ordinance prepared by the City Attorney's Office, was that the Committee's recommended ordinance was a permissive ordinance in that parking and storage of vehicles, boats or other equipment listed in Subsection 1 through 18 of Section 18.65.020(b), would be permitted in the front areas if access to the side and rear yards were not possible because of minimum side yard requirements or setback requirements, under certain conditions as listed under Section 18.65.020(c). Mr. Discoe further advised that the apparent concern is that the vehicles referred to would deprive their owners or neighbors adequate air, light, privacy and fire protection, and in his opinion, this should be of no more concern than the trees, shrubs, mounds, etc., that are apparent in many front yard areas which have been no problem up to this point. In closing Mr. Discoe thanked those who served on the Committee and all who assisted them in their study, and stated it was the opinion of the Committee that their proposed ordinance would be in the best interest of all those who are vitally concerned in this matter. Mr. Frank Schilling, (member of the Citizens Committee) spoke on behalf of the Trailer Coach Association of Los Angeles, representing the citizens of Anaheim who own recreational vehicles. He advised that the ordinance they proposed was a permissive ordinance based on neighborhood consent, and presented as an alternative to the prohibitive legislation recommended by the City Planning Commission. He stated that they realized that their proposed ordinance offered objections as it would take the enforcement out of the hands of the City Council, and could create disagreements between neighbors; however, 10013 City Hall~ Anaheim~ California COUNCIL MINUTES - March 7~ 1967~ 1:30 P.M. in his opinion, the entire community was not against the situation, and it would be unfair to restrict everyone because of some complaints. It was his further opinion that dismantled cars could not be placed in the same category as trailers. Mr. Schilling reported that front yard storage was a necessity to those who have purchased property that does not have access to the rear yards, and the ordinance proposed by the City Planning Commission would create hardships. Although he had no knowledge of an ordinance that the owners of the reacreational vehicles would approve, he felt that this was the taking of property without due process of law and an infringement on property rights. In conclusion, Mr. Schilling stated that if the City felt the necessity of an ordinance, the ordinance they recommended would be more permi;sive with less control, less problems to the community and less problems of enforcement. Councilman Dutton asked Mr. Schilling if he knew of any city in any state that had an ordinance such as the one they propose. Mr. Schilling replied "No", and further stated that neighborhood consent is in effect in many areas of zoning. Mr. Furman Roberts, Deputy City Attorney, advised that the three suggested ordinances attempted to deal with a series of problems of which camp cars, trailers and boats are an important part; however, where property rights are concerned, in his opinion everyone was in agreement that certain things should not be allowed to happen, such as removal of a house to create a parking lot; further, he felt everyone agreed that you should not live in camp cars or trailers outside of parks established for that purpose, and also agreed on the prohibition of dismantled items in the front yard for lengthy period of time. Mr. Roberts stated that the August 16th draft of the proposed ordinance was looked upon as prohibitive or regulatory; however, it wasn't taken into consideration that there has been on the books for the past fifteen years an ordinance significantly more restrictive. The August 16th draft is attempting to permit parking under certain circumstances in front yard areas. The Committee's approach was to permit a combination of two of the vehicles referred to in the Ordinance, not exceeding 27 feet in length, in the front area, if the rear and side yards were unavailable. The Trailer Coach Association's recommendation was completely permissive based on the consent of the neighbors. Various situations and types of vehicles were used to illustrate the effect all three of the proposed ordinances would have, and basic areas of agreement and disagreement were reported. Mr. Roberts advised that all zoning involves fundamental rights and what is considered a fundamental right depended on the individual wishes. The people who have objected to this situation also feel their fundamental rights have been abused; further, if there is to be no regulation, and if the pendulum is to swing from a restrictive ordinance to what amounts to no regulation, in his opinion it would be better to have no ordinance than to attempt to delegate enforcement to neighbors which would increase complaints and could create neighborhood disputes. Mr. Roberts stated, in his opinion, there would be no difference in building a room of comparable size in the front yard and permitting a recreational vehicle to be stored for an indefinite period of time. Mr. Robert Mickelson reported that all three ordinances were presented and reviewed by the City Planning Commission, and briefly summarized the City Planning Commission's reactions as follows: 10014 City Hall~ Anaheim, California - COUNCIL MINUTES - March 7, 19677 1:30 P.M. (a) The Committee's proposal was felt to be too permissive, in that it gave no consideration to the fact that the front yard was initially created to be open space, and the side yard is primarily designed for light, air, ventilation and fire protection. (b) The Trailer Coach Association proposal was felt also far too permissive, but the primary concern was that the enforcement would be taken from the legislative body and given to neighbors that could result in neighborhood feuds rather than solving the problem. (c) The proposed ordinance dated August 16th, was felt to be the most acceptable, and the City Planning Commission recommended its adoption with minor modifications to "Definitions" and that an amortization of two years rather than one year be established, and permits be granted for the two-year period. Further, the City Planning Commission felt very strongly that retention of the required yards as open space should be maintained. Mr. Schilling advised that the people who own property did not need a license to purchase recreational vehicles, and now to require them to pay storage in addition to taxes, was unfair. To him it was inconceivable to place recreational vehicles in the same class as a structure under the Building Code; further, in his opinion, if this question was placed before the voters, it would be determined that the homeowners would not want their property so restricted. Mr. Harold Eo Glass, 2269 Belmont Place, advised of his agreement with Mr. Schilling and reported that no one knew the number of complaints and compared to the number of trailer owners, they would have to be considered in the minority. He further related his own particular problem and felt if the ordinance recommended by the City Planning Commission was adopted, he would be required to move from the City of Anaheim within the two year period. He also suggested that the question be put to the voters. Mr. Discoe advised that the Committee tried to be fair in drafting a recommended ordinance, and reported the fears of the opponents and the desires of the proponents, and thereupon read the provisions of their recommended ordinance. Mr. Discoe felt that a camp car or trailer would be aesthetically more acceptable than some of the make-shift screening that would be provided under the City Planning Commission recommended ordinance. Mr. John Disher, 912 South Bruce Street, (member of the Committee) Field Director for the National Campers and Hikers Association, referred to the slides shown at the previous meeting noting the attractive yards and homes where the recreational vehicles were parked, and further advised that no one was endeavoring to protect junk or dismantled vehicles parked in front yards. Mr. Disher reported on a survey he made where he found that recreational trailers parked in the front yard, did not necessarily affect sales of property, and in his opinion this was the attitude of the majority of homeowners. Mr. Disher stated he too would like to see this issue placed before the voters. He noted that the recreational vehicle and trailer industry was a major industry in California. Councilman Schutte suggested the possibility of using a common driveway between homes where a five foot side yard exists for access to the rear yard~ Mr. G. R. Dorum, 1435 East Elm Street, stated the city had created the problem by permitting residential development without alleys or sufficient side yards, and to enact the recommended ordinance would be forcing recreation- al vehicle owners to a great expense. Mr. Dorum thereupon suggested that the problem be further studied before adoption of any ordinance. Mr. Roberts advised that the city establishes certain minimum 10015 City Hall~ Anaheim, California - COUNCIL MINUTES March 7, 1967, 1:30 P.M. standards for subdivision development, however the developer was not required to develop the property to minimum standards. Mr. Thomas S. Duck, (member of the Committee) Vice President of Family Motor Coach Association, in answer to Councilman Dutton's question, advised that the 27 foot provision was established to accommodate a family motor coach, and further advised that some of these coaches are the family's only means of transportation. Mayor Krein, feeling sufficient evidence had been submitted, declared the hearing closed. Councilman Schutte noted the absence of one of the Council Members, and thereupon moved that the recommended ordinances be taken under further advisement. Councilman Chandler seconded the motion. MOTION CARRIED. Mayor Krein thanked the members for serving on the Committee and again announced that the public hearing was closed. SALE OF CITY OWI~ED PROPERTY: Mayor Krein withdrew from this issue because of possible conflict of interest, and Councilman Schutte took the chair. Mr. Murdoch reported on proposed sale of a parcel of city owned property adjacent to La Palma Avenue to Mr. J. C. Coombs, and in turn for settlement of eminent domain proceedings on the part of the city. Mr. Geisler advised that the sale of the property would be for the full settlement of the eminent domain proceedings; all of the items of permanent and temporary right-of-way would be settled on the same basis as the sale of the city owned property. On motion by Councilman Chandler, seconded by Councilman Dutton, the City Attorney was authorized to enter into escrow on the terms as reported. MOTION CARRIED° RECLASSIFICATION NO. 65-66-114: For Council information Mr. Geisler reported on a unilateral agreement to reimburse the city for expenditures made when the Zody project is accepted. ADJOURNMENT: Councilman Dutton moved to adjourn to March 14, 1967, 10:00 A.M., for the purpose of receiving bids and awarding sale of $2,300,000 Municipal Improvement Bonds, Series B, 1963, and also moved waiver of further notice of said adjournment. Councilman Chandler seconded the motion. MOTION CARRIED. ADJOURNED: 8:50 P.M. City Clerk