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1971/04/1371-21'9~' City Hall~ Anaheim, California - COUNCIL MINUTES - April 6, 1971~ 1:30 P.M PROPOSED CHARTER AMENDMENT - ~AYOR BY POPULAR VOTE: Councilman Thom advised that on April 13, 1971, he will offer a Resolution for adoption that a Charter Amendment Proposal be placed on the 1972 General Municipal Election Ballot, which would provide that the Mayor of the City of Anaheim be selected by pop- ular vote, rather than by the City Council. Copies of the proposed Charter Amendment were distributed to the Council for their information. ADJOURNMENT: Councilman Stephenson moved to adjourn. Councilman Thom seconded the'motion. MOTION CARRIED. ADJOURNED: 4:35 P.M. Signed . -. . City Clerk City Hall~ Anaheim: California - COUNCIL MINUTES - April 13, 1971~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton COUNCILMEN: 'None ASSISTANT CITY MANAGER: Robert M. Davis ASSISTANT CITY ATTORNEY: John Dawson CITY CLERK: Dene M. Daoust CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. INVOCATION: Reverend Richard Carman, of the West Anaheim Baptist Church, gave the Invocation. FLAG SALUTE: Councilman William J. Thom led the Asseu~ly in the Pledge of Al- legiance to the Flag. PROCLAMATIONS: The following Proclamations were issued by Mayor Dutton and unanimously approved by the City Council: "Ecology Week" - April 18 through 24, 1971. "Barbershop Harmony Week" - April 11 - 17, 1971. RESOLUTION OF, ~Q,MP~VOATIpN: A Resolution of Commendation to Tommy Walker on being awarded the Distinguished American Award of KABC Radio was unanimously adopted by the City Council. MINUTES: Minutes of the Regular Anaheim City Council meetings held March 30 and April 6, 1971, and the Adjourned Regular meeting of April 6, 1971, were de- ferred to the meeting of April 20, 1971. 71- 220 .City Hall~ Anaheim, California - couNcIL MINUTES - Apr%l 13, 1971, 1:30 P.M. WAIVER OF READING - ORDINANCES AND RESOLUTIONS; Councilman Stephenson 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 Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY7 Demands against the City, in the amount of $799,107.42, in accordance with the 1970-71 Budget, were approved. FIREWORKS DISPLAY PERMIT - DISNEYLAND: Application filed by Raymond Contrucci, President, California Fireworks Display Company, for permit to allow public fireworks displays at 9:00 P.M., from June 19, 1971 through December 31,1971, including midnight, New Year's Eve, and also test patterns on Tom Sawyer Is- land at 11:00 P.M., April 16, 17, and 18, 1971 at Disneyland Park, was submit- ted and granted as requested, on motion by Councilman Pebley, seconded by Coun- cilman Stephenson. MOTION CARRIED. DINNER DANCING PLACE PERMIT; Application filed by William D. Prout, for dinner dancing place permit to allow dancing daily from 7:00 P.M. to 2:00 A.M., at Big John's Pizza and Billiards, 807 East Orangethorpe Avenue, was submitted and granted subject to provisions of Chapter 4.16 of the Anaheim Municipal Code, and that a minimum of 2 officers be hired daily to police the outside area, as recommended by the Chief of Police, on motion by Councilman Dutton, seconded by Councilman Stephenson. MOTION CARRIED. PUBLIC DANCE PERMIT: Application filed by Mrs. Frances B. Gonzales, on behalf of Sociedad Nacional Mexicana, for permi to conduct public dance, April 18, 1971, from 2:00 P.M. to 8:00 P.M., at Carpenter's Hall, 608 West Vermont Avenue, was submitted and granted, subject to provisions of Chapter 4.16 of the Ana- heim M~nicipal Code, as recormmended by the Chief of Police, on motion by Coun- cilman Stephenson, seconded by Councilman Pebley. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Co~uission at their meeting held March 22, 1971, pertaining to the following applications, were submitted for City Council information and consideration: CONDITIONAL USE PERMIT NO. 1218: Submitted by Donald H. Yoder, to establish retail distributing firms and service business firms, including business and professional offices, primarily serving commerce and industry, with only in- cidental service to the general public on Mr l zoned property located at the northwest corner of Kraemer Boulevard and La 3olla Street. The City Planning Commission, pursuant to Resolution No. PC71-44, granted said conditional use permit, subject to conditions. CONDITIONAL USE PERMIT N0. 1228; Submitted by Myrna Myron, to permit on-sale beer and wine in an existing restaurant on C-1 zoned property located at the northeast corner of Center Street and State College Boulevard; and further described as 100 North State College Boulevard. The City Planning Cor~nission, pursuant to Resolution No. PC71-47, granted said conditional use permit, subject to conditions. CONDITIONAL USE PERMIT .NO. 1230~ Submitted by XYZ Investment Fund, to estab- lish a 218-space travel trailer park on R-A zoned property located on the west side of Beach Boulevard, north of Lincoln Avenue,with waiver of: a. Minimum required front setback. The City Planning Comission, pursuant to Resolution No. PC71-48, granted said conditional use permit, subject to conditions. VARIANCE NO, 2239: Submitted by The Mertz Realty Corporation, requesting wai- ver of permitted uses, to permit rental of recreational vehicles on C-1 zoned property located on the north side of Katella Avenue, east of Clementine Street; and further described as 221 West Ka£ella Avenue. 71-~21 C~ity Hall, Anaheim, California - COUNCIL MINUTES - April 13, 1971, 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC71-49, granted said varianCe, subject to conditions. VARIANCE NO. 1328: Pur!suant to Resolution No. PC71-50, recommending ter- mination of all proceedlings on Variance No. 1328 on the basis that the peti- tion and use have never been exercised; and inasmuch as Variance No 2239 was granted. · The City Planning Commission, pursuant to Resolution No. PC71-50, terminated said variance. CONDITIONAL USE PERMIT ~0. 218' Submitted by Stanley J. Herber, Pastor, Free Methodist Church of Anaheim, requesting approval of revised plans for expansion of the existing church parking area and a one and two-story addi- tion to the existing church auditorium located on R-A zoned property on the west side of West Street, north of La Palma Avenue. The City Planning Commission, by Motion, approved the revised plans. The foregoing actions were reviewed by the City Council, and no ~urther action taken. .%ENTATIVE MAP, TRACT NO 7198,(VARIANCE NO 2242): Developer, The McMiChael Company; property located on the west side of West Street, between North Street and La Palma AvenUe, and contains 12 proposed R-O zoned lots. The City Planning Commission, at their meeting held April 5, 1971, recommended approval of said tract in conjunction with their ap- proval of Variance No. 2242. On motion by Councilman Pebley, seconded by Councilman Thom, action on Tentative Tract No.7198 was continued, to be considered in conjunction with Variance No. 2242. MOTION CARRIED. RESOLUTION NO. 71R-140 - AWARD OF WORK ORDER NO. 576: In accordance with recom- mendations of the City Engineer, Councilman Pebley offered Resolution No. 71R-140 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST REPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT: THE CHAPARRAL PARK, CONCRETE MASONRY WALL IMPROVEMENT, 1760 WEST BROADWAY, IN THE CITY OF ANAHEIM, WORK ORDER NO. 576. (Falcon Fence & Masonry Company - $18,963.00) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 71R-140 duly passed and adopted. PUBLIC IMPROVEMENT PROJECTS: Upon receipt of certification from the Director of Public Works, Councilman Thom offered Resolution Nos. 71R-141 and 71R- 142 for adoption. Refer to Resolution Book. RESOLUTION NO. 71R-141 ' WORK ORDER NO 614-B: A RESOLUTION OF THE CITY COUNCIL OF TH~.CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIP~NT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PER- FORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUB- LIC IMPROVEMENT, TO WIT: THE MIRALOMAAVENUE STREET IMPROVEMENT FROM AP- PROXIMATELY 880 FEET EAST OF JEFFERSON STREET TO JEFFERSON STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 597-A. (R.J. Noble Company) 71-222 City Hall~ Anaheim, California - COUNCIL MINUTES - April 13, 1971, 1:30 P.M, RESOLUTION NO. 71R-142 - WORK ORDER NO. 614-B: A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER?ICES, 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 STATE COLLEGE BOULEVARD STREET IMPROVEMENT FROM APPROXIMATELY 855~ FEET SOUTH OF TO 1,245 FEET SOUTH OF VERMONT STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 614-B. (R.J. Noble Company) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution Nos. 71R-141 and 71R-142 duly passed adopted. PUBLIC IMPROVEMENT PROJECTS: Councilman Roth offered Resolution Nos. 71R-143 and 71R-144 for adoption. Refer to Resolution Book. RESOLUTION NO. 71R-143 - WORK ORDER NO, 588-A: 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: MODIFYING, FURNISHING AND INSTALLING TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF BALL ROAD AND GILBERT STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 588-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, SPE- CIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION TREREOF. (Bids to be Opened May 6, 1971, 2:00 P.M.) RESOLUTION NO. 71R-144 - WORK ORDER NO. 1226- A RESOLUTION OF THE CITY COWN- CIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT i~IBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE ORANGEWOOD AVENUE SEWER IMPROVEMENT FROM WEST STREET TO NINTH STREET, IN Tt{E CITY OF ANAHEIM, WORK ORDER NO. 1226. APPROVING THE DESIGNS, PLANS, PROFILES, ~tAWINGS 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 May 6, 1971, 2:00 P.M.) Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution Nos. 71R-143 and 71R-144 duly passed and adopted. RESOLUTION NO. 71R-145 - DEED OF EASEMENT: Councilman Roth offered Resolution No. 71R-145 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A DEED OF GIFT FROM THE GENERAL MOTORS CORPORATION. (Magnolia and La Palma Avenues) Roll Call Vote: 71-223 City Hall, Anaheim, California - COUNCIL MINUTES - April 13~ 1971~ 1:30 P.M. AYES: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 71R-145 duly passed and adopted. Mayor Dutton presented Robert A. Daily, Plant Manager of Delco Remy Division of General Motors Corporation, a check to cover cost of sur- vey fees in connection with this deed of easement grant. RIGHT-OF-WAY CERTIFICATION - A.H.F.P. NO. 565: On motion by Councilman Roth, seconded by Councilman ~hom, the Mayor and City Clerk were authorized to execute on behalf of the City of Anaheim a right-of-way certification for A. HoF~P. No. 565. (Magnolia Avenue-Santa Aha Freeway to La Palma Avenue). MOTION CARRIED. RESOLUTION NO. 71R-146 - AGREEMENT - BEACH BOULEVARD IMPROVEMENT: Councilman Stephenson offered Resolution No. 71R-146 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THAT CERTAIN AGREEMENT WITH THE STATE OF CALIFORNIA (BEACH BOULEVARD AND ORANGE AVENUE. DISTRICT AGREEMENT NO. 2732.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 71R-146 duly passed and adopted. RESOLUTION NO. 71R-147 - KRAEMER BUILDING LEASE: Councilman Thom offered Resolu- tion No. 71R-147 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE LEASING OF CERTAIN REAL PROPERTY BY THE CITY OF ANAHEIM FROM THE HOSKINS LAND COMPANY. (Engineering Offices) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 71R-147 duly passed and adopted. PURCHASE OF EQUIPMENT - CONGRETE PIPE AND APPURTENANCES: The Assistant City Man~ get reported on informal bids received for the purchase of 260 feet of 18-inch and 21-inch Concrete Pipe and Appurtenances for the Water Division, as fol- lows~and reco~nended acceptance of the low bid: VENDOR TOTAL A19OUNT, INCLUDING TAX Ameron Pipe Products, Monterey Park ........ $9,287.78 United Concrete Pipe, Riverside ....... 11,852.40 On motion by Councilman Stephenson, seconded by Councilman Thom, the low bid of Ameron Pipe Products was accepted and purchase authorized in the amount of $9,287,78, including tax. MOTION CARRIED. PURCHASE OF EQUIPMENT - MISCELLANEOUS STEEL FABRICATION: The Assistant City Mana- ger reported on informal bids received for the purchase of Miscellaneous Steel Fabrication, for the Electrical Division, as follows, and recormmended accept- ance of the low bid: 71-224 City Hall, Anaheim, California - COUNCIL MINUTES - April 13, 1971, 1:30 P,M, VENDOR TOTAL AMOUNT, INCLUDING TAX Coast Iron and Steel, Santa Fe Springs ........ $5,982.90 Danly Engineering, Orange ............... 9,737.70 Baird Sammons, Santa Ana ............... 10,351.95 On motion by Councilman Roth, seconded by Councilman Thom, the low bid of Coast Iron and Steel was accepted and purchase authorized in the amount of $5,982.90, including tax. MOTION CARRIED. CLAIMS AGAINST THE CITY: The following claims were denied, as recommended by the City Attorney, and ordered referred to the insurance carrier, on motion by Councilman Stephenson, seconded by Councilman Thom: a. Claim submitted by Harvey, Cramer & Monarch, Attorneys, on be- half of Mrs. Sylvia Stevenson, for purported personal injuries sustained when leaving an exhibit at the Convention Center, on or about February 20, 1971. b. Claim submitted by I. Wayne Locke, for purported personal pro- perty damages sustained by excessive voltage produced by the City in July and September, 1970. MOTION CARRIED. CORRESPONDENCE - CULTURAL ARTS COMMISSION MINUTES: Minutes of the Cultural Arts Commission meeting held February 11, 1971, were ordered received and filed on motion by Councilman Dutton, seconded by Councilman Thom. MOTION CARRIED. ORDINANCE NO. 2922: Councilman Stephenson offered Ordinance No. 2922 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32 OF THE ANAHEIM MUNICIPAL CODE BY AMENDING PARAGRAPH 8 AND DELETING PARAGRAPH 48 OF SECTION 14.32.190, RELATING TO PARKING. (No Parking At Any Time - Portions of Manchester Avenue.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: AB SENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 2922 duly passed and adopted. ORDINANCE NO. 2923: Councilman Thom offered Ordinance No. 2923 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (66-67-61(46) - C-R) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: AB SENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 2923 duly passed and adopted. ORDINANCE NO. 292~.; Councilman Roth offered Ordinance No. 2924 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM ~JNI- CIPAL CODE RELATING TO ZONING. (68-69-41 - R-l) PARKS AND RECREATION COMMISSION APPOINTMENT; On motion by Councilman Stephenson, seconded by Councilman Pebley, Melbourne A. Gauer was appointed to the Parks and Recreation Commission, representing the City Planning Comission, for the unexpired term of Dan L. Rowland, ending June 30, 1973. MOTION UNANIMOUSLY CARRIED. 71-225 City Hall, Anaheim~ California- COUNCIL MINUTES- April 13, 1971, 1:30 P.M. ELECTRIC CIRCUS: Assistant City Attorney John H. Dawson submitted a report from the City Attorney regarding continued investigation of Electric Circus, 937- 945 South Knott Avenue, Anaheim (public dance hall permit March 30 and April 6, 1971 meetings), stating that no food is being served on the premises, and thus the operation is in violation of the dinner dancing place permit require- ments as specified in Anaheim Municipal Code, Section 4.16.050, and recommend- ing the City Council consider revocation of the dinner dancing place permit. On motion by Councilman Thom, seconded by Councilman Stephenson, the City Attorney was instructed to serve notice to the Inin Corporation, Permittee, and also inform the operating agents that a hearing (in accordance with Anaheim Municipal Code, Section 4.16.070) will be held April 27, 1971, at 1:30 P.M., to allow the Permittee to show cause, if any, why the dinner dancing place permit at 937 South Knott Avenue should not be revoked for fail- ure to comply with the conditions of the Anaheim Municipal Code, Section 4.16.050. MOTION CARRIED. WAIVER RE CARNIVAL RIDES - WESTERN HIGH SCHOOL: The City Clerk submitted a request from Western High School Director of Student Activities, Ron Brody, requesting a waiver of Anaheim Municipal Code Section 3.32.050, Prohibiting Carnival Rides Within 1,000-feet of a School, to allow a carnival to be operated in conjunction with their "Country Fair," to be held April 23 and 24, 1971. Mmyor Dutton invited Mr. Brody to address the City Council. Mr. Brody advised that a similar activity had been held on the School property for the last five years; however, this year when the carnival opera- tor applied for a business license for this affair it was refused on the grounds that it would violate the pertinent ordinance sections. On motion by Councilman Pebley, seconded by Councilman Thom, waiver of Police powers was granted, insofar as the 1,000-feet prohibition of carni- vals adjacent to schools is concerned,it being understood that no other pro- vision of the Code be waived and that a business license for this activity be required. MOTION CARRIED. PROPOSED AMENDMENT TO ANAHEIM MUNICIPAL CODE, SECTION 3.32.050: The City Council requested the City Attorney's office to prepare a proposed Amendment to the Anaheim Municipal Code, Section 3.32.050, making such events on school and church grounds permissible under certain conditions, one being sponsorship by said school or church. PROPOSED CHARTER AMENDMENT - MAYOR BY POPULAR VOTE: Councilman Thom offered a Resolution for adoption, to place on the 1972 General Municipal Election Bal- lot a proposed Charter Amendment that would provide that the Mayor of the City of Anaheim be selected by popular vote of the people, rather than by the City Council. The foregoing Resolution failed to carry by the following Roll Call Vote: AYES: COUNCILMEN: Thom NOES: COUNCILMEN: Roth, Stephenson, Pebley and Dutton ABSENT: COUNCILMEN: None Mayor Dutton declared said Resolution failed to carry. RECESS - EXECUTIVE SESSION: At the request of the Assistant City Manager, Council- man Pebley moved to Recess to Executive Session. Councilman Stephenson secon- ded the motion. MOTION CARRIED. (2:10 P.M.). ADJOUR~NT: At the conclusion of the Executive Session, and upon return of all Councilmen to the Council Chambers, Councilman Thom moved to adjourn. Coun- cilman Roth seconded the motion. MOTION CARRIED. ADJOURNED: 3:11 P.M. Signed ~- City Clerk