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1970/09/2970- 502 City Hall, ~.abeim, California -, COUNCIL MINUTES - SeptembeF 29, 1970, 1:30 P.M~ The' City Council of the City of Anaheim met in regular session. PRESENT: AB SENT: PRE SENT: COUNCILMEN: Stephenson, Pebley, Thom and Dutton COUNClLMENt Clark CITY MANAGER; Keith A. Murdoch ASSISTANT CITY ATTORNEY: Alan Watts DEPUTY CITY CLERK: Aloha M. Farrens ASSISTANT CITY ENGINEER: Ralph Pease ZONING SUPERVISOR: Charles Roberts Mayor Dutton call.ed the meeting to order. INVOCATION: Reverend Ralph A. Wilkerson, of Melodyland Christian Center Church, gave the Invocation, FLAG SALUTE: Councilman William J. Thom led the Assembly in the Pledgt of Allegiance to the Flag. MINUTES': Minutes of the Anaheim City Council Adjourned Regular and Regular Meetings held September 8, 1970, were approved on motion by Councilman Thom, seconded by Councilman Dutton. MOTION CARRIED. WAIVER OF RgADING:- ORDINANCES AND RESOLUTIONS: Councilman Thom 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 reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Pebley seconded the motion. MOTIONUNANIMOUSLY CARRIED. REPOP~ - FINANCIAL DEI~DS A~AINST T HE CITY: Demands against the City, in the amOunt of $1.,031,317.42, in accordance with the 1970-71 Budget, were ap- proved.. .PUBLIC HEARING .- ABANDONNEWf NO,-, 69-29A: Public hearing was held on proposed abandonment of a pOrtion of Blue Gum Street, between Orange and Santa Aha Streets, requested by Karl Sator and the City of'Anaheim Engineering Divi- sion; Pursuant to Resolution No. 70R-445, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. RePort of the City Engineer was submitted recommending: 1. Parcels One, Three and Four be abandoned subject to reser- vation of a public utility easement to cover existing facilities along Parcels One and Three. 2. Par%els Two and Five be abandoned subject to: a. Reservation of a public utility easement to cover the existing facilities. b. The existing street improvements be removed by the ow- ners of the property adjacent to each parcel being aban- doned and strmmt improvements be installed to conform to the requirements of the new street width, at no 'cost to the City of Anaheim. City Manager Keith l~rdoch advised property owners in the area affected had requested the abandonment take place and the City stand the expense of removing existing curbs and paving, with property owners paying for the new curbing; however., the City Engineer recommended no participation in the cost on the part of the City, except for preparation of engineer- ing plans and specifications, since existing improvements are satisfac- tory to the City and there would be no advantage to the general public in making the changes. Mr. Murdoch explained the primary street designation had been a determination of the County, but that since that territory had become a part of Anaheim the County had agreed traffic in the area required only a secondary street, and thus the General Plan of Anaheimwas changed ac- cordingly and property owners now desired to utilize the 8 feet of land that would return to them under the proposed abandonment. 70- 503 City Hall, Anaheim, California- COUNCIL HINUTES- September 29, 1970, 1:30 P...M? Mayor Dutton asked if the Applicant was present and wished to ad- dress the Council. Karl Sator, 1028 Wanda Drive, owner of the property on the south- west corner of Coronado and Blue Gum Streets, which property already has the primary street improvements installed objected to the removal thereof at his expense. He advised of plans to begin construction, however, if the recom- mendations of the City Engineer are approved, he requested the existing im- provements be allowed to remain, w/th installation of landscaping between the sidewalk and curb, and that he be allowed to reduce his building setback requirement from 50 feet to 42 feet from the existing property line. Following di~ussion with Zoning Supervisor Charles Roberts, the City Manager suggested variance proceedings reducing setback requirements in subject area could be instituted by the City, and, inasmuch as Mr. Sator would be out of town for the next four weeks, requested a City Planning Com- mission hearing on this proposed variance be set for a date to allow Mr. Sator to be present since reducing the setback also could reduce the amount of landscaping required; if Mr. Sator elected to ~moceed with construction before the City Planning Commission hearings, he would do so at his own risk. Mr. Roberts advised that, if the City Planning Commission should reduce the setback, they might consider the possibility of property owners providing additional landscaping within the parking area in lieu of what normally would be required between parking area ~nd setback. Mr. Sator stated that Truck Haven operations in the area had not yet installed the landscaping they had been ordered to do almost a year ago, and that Pete's Road Service next to h~s property has tires stacked outside, both of which were deteriorating the general area. Mayor Dutton advised that these situations would be investigated. Mayor Dutton asked if anyone wished to address the Council in op- position. Hax Leinfelder stated that, at a cost of $15,000.00, he has improved 333 feet of his property on Blue Gum Street, and owns an adjacent additional 165 feet of unimproved property, all within the area affected by the proposed abandonment. It was Hr. Leinfelder's opinion that Truck Haven operations require a 100-foot street width, although they already have the narrower street~ caus- ing a wider street in front of his property to'be used for turning trucks. Mr. Leinfelder also complained about the delay in Truck Haven owners to im- prove the appearance of their property, claiming that delaw has l°st him tenants. Mr. Leinfelder advised he had offered to dedicate the new street width and put in curbs and gutters in front of his other 165 feet; however, he asked if it was true the street elevation is to be changed and, if so, what affect that change would have on these improvements. He also stated he would like a setback variance such as Mr. Sator requested. Assistant City Engineer Ralph Pease advised the street in question is high, and at some future date when all improvements for a secondary street are installed, it probably would be revamped at the expense of whomever re- quested it. Mr. Murdoch advised that, should the City Planning Commission ap- prove a reduction in setback, it would be for the entire area affected by subject proposed abandonment. Mayor Dutton asked if anyone else wished to address the Council; there being no response, declared the hearing closed. 7O- 50~ City Hall, Anaheim, California - CO..UNCIL~MINUTES - September 29, 1970, 1:30 P.M. RESOLUTION NO. 70R-473: Following further discussion, and upon recommenda- tion of the'City Manager, Councilman Stephenson offered Resolution No. 70R- 473 for adoption, approving a Resolution of Intent to abandon that portion of the area described in No. ~-29A in excess of 45 feet from the center- line, the actual abandonment to take place on each parcel of land when the street improvements that now exist are reconstructed to meet the secondary, rather than primary street width standards, reserving therefrom the neces- sary utilities easements required by the City of Anaheim. Refer to Resolution Book. A RESOLUTION OF' THE CTTY COUNCIL OF THE CITY OF ANAHEIM~..~.~I~N~".~S Orange Roll Call Vote: AYES: COUNCILM~N: NOES: COUNCIL~N~ ABSENT: COUNCILMEN.' Stephenson, Pebley, Thom and D~tton None Clark The Mayor declared Resolution No. 70R-473 duly passed and adopted. On motion by Councilman Pebley, seconded by Councilman Thom, the Development Services Department was requested to investigate and initiate variance proceedings, if necessary, to waive setback requirements in the area affected by Abandonment No. 69-29A. A~SEM~NT DEVICES P~MIT: Application filed by C.M. Rach, on behalf of Rock- land Investment Company, dba R & R Catering, for amusement devices permit to allow two pool tables at Anaheim Golf Course, 430 Nort-h Gilbert Street, was submitted and granted subject to provisions of Chapter 4.24 of the AnaheimMunicipal Code, as. recommended by the Chief of Police, on motion by Councilman Dutton, seconded by Councilman Stephenson. MOTION CARRIED. TAXICAB PERMIT~ Request of Larry J. Ogden for a permit to operate the Black and White Cab Company in the City of Anaheim was submitted. Councilman Thom asked where Mr. Ogden wOuld have his garage, office, and repair facilitates for his proposed taxicab service. M~., Ogden advised he had not yet located and and understood he needed his permit first. Councilmen D~tton and Thom asked Mr. Ogden if he could prove a "need and necessity' for an additional taxicab service in Anaheim. Mr. Ogden stated conversations with motel owners had indicated a "need and desire" for a taxicab service and offered to su~mit a sub- stantiated survey to the Council. Councilman Thom requested Mr. Ogden also submit information on location of facilities, proposed fare rates, and licenses held in other cities. Mr. Ogden advised he never has been licensed to operate a taxi- cab service in any other Assistant City Attorney Alan Watts stated the Fmnicipal Code also required either a bond or an insurance policy indicating coverage for public liability before a taxicab service permit could be issued, and advised Mr. Ogden that the insurance company letter he had submitted, in- dicating a willingness to issue coverage would not suffice in this instance. 70-505 City Hall, An~eim, California - COUNOIL l~Nir~S- September 29, 1970, 1:30 On motion by Cou~ilman Thom, seconded by Councilma~n Ste~henson, subject application tional information, as requi~ed by Municipal Code. HOTION CARRIED. RECLASSIFICA~tQN HO.. 69-70-10, VARIANCE.NO, 2121, TENTATIVE TRACT N0,7103 -EXTEN- sION OF TIMEi Request of H..E. Morlock, dated August 31, 1970, was submitted for a 180-day extension of time to Reclassification No. 69-70-10, Variance No. 2121, and Tentative Tract No. 7103, together with report of the Development Services Department recommending, inasmuch as Tentative Tract No. 7103 does not expire until March 10, 1971, an extension of time be granted for Reclas- sification No. 69-70-10 and Variance No. 2121, to expire March 10, 1971, cor- respondin~ with the expirati~::date for Tentative Tract No. 7103. On motion by Councilman Thom, seconded by Councilman Pebley, an e-x- tension of time to expire March 10, 1971, for Reclassification No. 69-70-10 and Variance No. 2121 was gral~ed, as reco~nended by the Development Services Department. HOTION CARRIED. ~ZC~SSIFICATIONNO. 6?-68-62 &ND T~,~r. IVE r.*Cr NO. 6~80 -~XT~NSIO~ OF Request of c.J. Queyrel, of Anacal Engineering Company, dated August 28, 1970, was submitted for a one-year extension of time for Tentative Tract No. 6880~ together with report of the Development Services Department recommending, inasmuch as Tentative Tract No. 6880 expires April 1, 1971, a six-month ex- tension of time for Reclassification No. 67-68-62 be granted, to expire April 1, 1971, coinciding with the expiration'date of Tentative Tract No. 6880, On motion by Councilman Pebley, seconded by Councilman Thom, a six- month extenston'o£ time was granted for Reclassification No. 67-68-62, to ex- pire April 1, 1971, coincident with the expiration date of Tentative Tract No. 6880, as recommended by. the Development Services Department. MOTION CARRIED. R~CLASSIFIC~TION NO. 69-70-33 - EXTEN~ION OF TIHE: Request o£ Hrs. Josephine /unny, dated August 18, 1970, was submitted for a six-month extension of time to Re- classification No..69-70-33 for compliance with certain conditions', pursuant to Resolution No. 70R-101, together with report of the Development Services Department recommending a six-month extension of time be granted, to expire February 2~, 1971. At the invitation of Mayor Dutton, Mrs. Josephine Kunny, Applicant, addressed the Council~ regarding the conditions remaining to be met under Resolution No. 70R-101. Mrs. Kunny stated there is no air conditiontlg tn-' he~f. fa~lity to necessitate screening of rodf-mounted equipment, and that presentiy a commercial firm is handling trash for the existing restaurant, and added it was not her intention to remodel the building. Zoning Supervisor Charles Roberts offered to have the remaining Reclassification requirements explained to Mrs. Kunny. On motion by Councilman Thom~ seconded by Councilman Stephenson, a six-month extension of time for Reclassification No. 69-70-33, to expire February 24, 1971~' was granted, as rec~n~nended by the I~elopment Services Department. MOTION CARRIED. R~.QUEST - C~R' STORAGE ON CITY-OWnED PROPERTY,~ Request of Herbert E. Christen- sen, dated August 31, 1970, was submitted for permission to use for storage of campers a portion of the 13 acres of CitY-owned property, north of Santa Aha Canyon Road, south of the Santa Ana River, and west of Imperial Highway, presently under lease to him. Also submitted were reports of the C~ty En- gineer and Development Services Department, and recommendation of the Develop- ment Services Department that subject request either be denied or the Appli- cant file appropriate zoning petition for public hearing before the City Plan- ning Con~ission and City Council. Following Council discussion, Councilman Thom moved to deny subject request. Councilman Pebley seconded the motion. ~OTION CARRIED. 70-506 City Hall, An..abetm, Cal..tforn. ia-, Q~JI~CIL ItI~rOTF, S- September_ 29. 1970, !:30 ORANGgVI~'JU~IORHIGH SC~IQO. L.- pE~STRIAN6CGESS: Request of Ivan S. Cutler was submitted to appear before the City Council regarding alleged unsafe pedestrian access to Orangevtew Junior High School, together with report of the City Engineer recommending temporary asphalt sidewalks be installed on those unimproved areas of Orange Avenue, in the City of .Anaheim, pend- ing ~he acquisition of right-of-way and full improvements that probably will take place during the sunm~r of 1R71. The City Manager reported discussions had been held with Mr. Cutler and it was the intent of the City to install temporary sidet~lks on the north side of Orange Avenue on one or two Parcels, Just within the City limits; however, a residential development purportedly is being con- templated for either all or most of the south side Of Orange Avenue, and thus he reconmaended.i~mporary sidewalks on the south side be delayed a short time until a decision on development is made. The Deputy City Clerk submitted subsequent correspondence from Mr. Cutler, received September 28, 1970, advising he would be unable to attend today's meeting and stating agreement with the City Engineer's re- commendation. The Council ia~sm~d?app~oval Of the inst~lla~im~of ~he 9o~at~y. '-.~~lk,~l~"£1l'_'X_i _~- ' -'--:C.~-',~ ~he ~Ct~y' Engineer BED TAX PENALTYW~IV~R - PIX~E.I~I4 .Request was submitted from Stephen Pav- lovic, Manager 'of the Pixie Motel, dated September 1~, 1970, for waiver of the 10% late penalty on the Pixie Motel Bed Tax for July 1970, in the amount of $240.00, together with report of the City Treasurer, Mayor Dutton invited Mr, Pavlovic to address the Council, Mr. Pavlovic explained that a change of accounting firms had caused the delay in payment of the July Bed Tax; and also earlier late payments had resulted from his lack of knowledge on when such tax is due in the City Treasurer's offtoe., penalC~ :be waived:~ for'.:~ ~if. 9~vide~ ::P~e~C:.:o;f".~:~qgt~. '.B~d Tax ENCROACHMENT PERMIT .NOt 70-Z~: Submitted by Mr. Raymond Runo, Vice President of Bryan Industrial Properties, Incorporated, ~eqgea~.tqg~a~;~'~o allow Also submitted was a report of the City Engineer recommending ~pproval of request, subject to a height limitation not to exceed 22 feet as measured perpendicularly from the natural level of the ground. On motion .by .Councilman Dutton, seconded by Councilman Thom, En- croachment Permit No. ~0-2E was granted subject to recommendations of the City Engineer, and the Mayor and City Clerk were authorized to sign the encroachment license on behalf of the City of VfAnaheim, MOTION CARRIED. CYPRESS STREET DIVIDER STRIP - REMOVAL: Petition purportedly containing 32 signatures, and t~ndered by Mrs. Patrtcta Clancy, was submitted,to dis- continue removal of the traffic medians on Cypress Street, from Rose to Vine Streets, replace those medians already removed, and restore the plants in the medians. Also submitted was a report of the City Engineer. The Deputy City Clerk submitted a petition received September 28, 1970, purportedly containing 133 signatures, requesting subject med- ians be removed. At the invitation of Mayor Dutton, Mrs. Patricia Clancy, owner and manager of an apartment building %n the corner of Bush and Cypress Streets, reiterated the request to retain subject medians as a means of slowing traffic in the area, citing driving habits of some apartment 70- 507 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1970, 1:30 dwellers, a "Hippie Element" in the area, and the large number of automobiles owned by.apartment residents,as reasons therefor. Mayor Dutton asked if anyone else wished to address the Council. Clarence L. Brown, 410 North Vine Street, Apartment "A",wam;'~f. the opinion t.~su~Jectmad/ans:~::ha~.b~'~an~'tr~fic hazards. The Assistant City Engineer advised work had begun on removal of the medians, pursuant to the Council's decision on August 18, 1970; however, knowledge of the petition to discontinue removal had caused work to be stopped, awaiting further decision of the Council. On motion by Councilman Stephenson, seconded by Councilman Pebley, the August 18,. 1970 decision to remove subject traffic medians was upheld, and petition to discontinue removal was denied. MOTION CARRIED. PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held September 10, 1970, pertaining to the following applications, were submitted for City Council information and consideration: CONDITIONAL USE PERMIT NO. 1199: Submitted by Alice Tabris, to establish a special family-type boarding and rehabilitation home for children affected by ~ubella, on R-2 zoned property located at the southeast corner of La Verne and Zeyn streeks, and further described,'as 853 North Zeyn Street. The City Planning Coumaission, pursuant to Resolution No. PC70-160, granted said conditional use permit, subject to conditions. CONDITIONAL USE PERMIT NOo 1200: Submitted by Ken George Doi, to establish self-service gasoline pumps in conjunction with proposed drive-through dry- cleaning establishment on C-1 zoned property located at the southwest corner of Lincoln Avenue and Laxore Street, and further described as 2950 West Lin- coln Avenue. The CitY Planning Commission, pursuant to Resolution No. PC70-161, denied said conditional use permit., VARIANCE NO. 2200: Submitted by Faye Cotler, to permit the construction of an additional dwelling unit on R-3 zoned property located on the west side of Harbor Boulevard, south of Sycamore Street, with waivers of: a. Mi~nimum floor area per dwelling unit. b. Maximum butl'ding height within 150 feet of an R-1 Zone. The CitY Planning Commission, pursuant to Resolution No. PC70-165, granted said variance, subject to conditions. VARI~NCE NO. 887 (VARIANCE NO. 2200): The City Planning Commission, pursuant to Resolution'No. PC70-165A, amended Resolution No. 145, Series 1957-58, ap- proving Variance No. 887, to establish a beauty salon in a portion of an ex- isting structure, by limiting the maximum number of patrons to two on the premises at any one time, to minimize the possibility of shortage of parking spaces for additional patrons, on property described in Variance No, 2200. VARIANCE NO. 2201: Submitted by Harry E. Howard and Charles R. and Verity C. Hobbs, to construct a two-story, 6-unit apartment complex on R-3 zoned property located on the east side of Cambridge Street, north of Camden Ave- nue, with waivers of: a. Maximum building height within 150 feet of single-family zoned property. bo Minimum required front yard setback. 70-508 City Hall, Anaheim, California - COUNCIL .~.. ES - September 29, 1970, 1:30 P.M~ The City Planning Commission, pursuant to Resolution No. PC70- 166, approved in Part said variance, subject to conditions, Waiver "a" being granted 0nly as it applies to the R-A property to the northeast, Waiver "b" being denied. VARIANCE NO~ 2202: Submitted by Albert and Dorothy Kirkpatrick, to estab- lish a swimming pool and fence in the required front yard of R-1 zoned pro- perty located on the north side of Mall Avenue, east of Monument Street, with waiver of: a. Minimum required front yard setback. The City Planning Commission, pursuant to Resolution No. PC70- 167, granted said variance, subject to conditions. VARIANCE NO. 2153: Submitted by Albert Iren, requesting a ninety (90) day extension of time on Variance No, 2153. M-1 zoned property located south- west of the intersection of La Palma Avenue and Richfield Road. The City Planning Commission, by Motion, granted a 180-day ex- tension of time to said variance. The foregoing actions were reviewed by the City Council and no further action taken. CONDITIONALUSE PERMIT NO. 1138: Submitted by Roger Kobata, POD Landscape Architects, requesting approval of revised plans for Conditional Use Permit No. 1138, proposing a 347-space mobile home park on R'A zoned property lo- cated east of Imperial Highway and south of Esperanza Road. - ~The City Planning Commission, at their September 10, 1970 meet- ing~ by Motion, denied approval of plans, Revision No, 3. The Deputy City Clerk submitted correspondence received Septem- ber 24, 1970, from Jesse M. Davis, of American Mobl!~h~ Corporation, Agent for the Applicant, requesting withdrawal of petition for approval of revised plans. On motion by Councilman Pebley, seconded by Councilman Thom, re-' quest for withdrawal of petition for approval of revised plans, Revision No. 3 for Conditional Use Permit No. 1138 was granted. MOTION CARRIED. RESOLUTION NO. 70R-474 - AWARD OF WORK ORDER NO. 2026: In accordance with recom- mendations of the City Engineer, Councilman Pebley'offered Resolution No. 70R-474 for adoption. Refer to Resolution Book. A RESOLUTION CF THE CITY COUNCIL OF THE CITY OF ANA?~.IM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITY~S AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORM- ING ALL WORK'NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT: THE INSTALLATION OF A 21" STEEL WATER PIPE IN THE IMPERIAL HIGHWAY BRIDGE AT THE SANTA ANA RIVER, IN THE CITY OF ANAHEIH, WORK ORDER NO. 2026. (Jenkin Construction Company - $5,720.00) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Pebley, Thom and Dutton None Clark The Mayor declared Resolution No. 70R-474 duly passed and adopted. 70- 509 City Hall, Anaheim, California - COUNCIL ~ ,. Sevtember 29, 1970, 1:30 P.M, R~M0t/~TIO~ NO.. 70R--~475 - WORK ORDER .1~O~. 601~..~. Councilman Dutton offered Resolu- tion No. 70R-475 for adoption, Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING TMAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND CO~LETION OF A PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF CROW'fHER AVENUE EAST OF OXFORD STREET IN THE CITY OF ANAHEIM, WORK ORDER.NO. 601-B. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE. CONSTRUCTION OF SAID PUBLIC IM- PROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORI- ZING AND DIRECTING THE CITY CLF. RKTO PUBLISH A NOTICE TI~I~G SEALED PRO- POSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - October 22, 1970, 2:00 P.M.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Pebley, Thom and Dutton None Clark The Mayor declared Resolution No. 70R-475 duly passed and adopted. RESOLUTION NO. 70R-476 - WORK ORDER N0. 2004: Upon receipt of certification from the Director of Public Works, Councilman Thom offered Resolution No, 70R-476 for adoption. Refer to Resolution Book, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTINO THE COMPLETION AND THE FURNISHING.OFALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIP~NTAND ALLWO~ NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPRO~NT, TO WIT! THE DRILLING OF ONE 16" WATER WELL, WEST OF AUDRE ~RIVE, BETWEEN KATELLAANDCERRITOS AVENUES ON NINTH STREET, IN THE CITY OF ANAHEIM, TO BE DESIGNATED AS "WELL NO. 36," WORK ORDER NO, 2004. (Water Well Supply) Roll Call Votec AYES: COUNCILMEN~ NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Peb~ey, Thom and D~tton None Cl~k The' Mayor declared Resolution No. 70R~476 duly passed and adopted. LITIGATI0~ - CITY VS. DILLON: On motion by Councilman Thom, seconded by Council- man Pebley, the City Attorney's office was authorized to settle the case of the City of Anaheim versus Jerry J. and John E. Dillon, in the amount of $2,000.00. MOTION CARRIED. (Traffic accident - Damage to City property.) PURCHASEOF S~VICES~ 'The City Manager reported on informal bids received for the removal of orange trees from Convention Center property on the northeast corner of West Street and Convention Way, as follows: Booms & Son, Anaheim Henry J. Oraski, Anaheim Krimm Brothers, Orange - - - $5,500.00 -5,200.00 3,690.00 On recommendation of the City Manager, Councilman Pebley moved that the low bid of Krimm Brothers be accepted and purchase authorized in the amount of $3,690.00. Councilman Stephenson seconded the motion. MOTION CARRIED. 70-510 City Hall, Anaheim, California - CQUNOIL~NUTES- September 29, 1970, 1:30 P-Me CLAIMS AGainST T~.-ClTY: The following claims were denied, as recommended by the Ct.~y Attorney, and ordered referred to the insurance carrier; on mo- tion by Councilman Thom, seconded by Councilman Pebley: a. Claim filed by-Royal Globe Insurance COmpanies, on behalf of-Dr... Paul and Dorothy Maxwell, for purported personal property damage sustained on or about June 13, 1970. .b. Claim filed by T. Keith Peacock, Attorney at Law, on behalf of Johan M. Meagher, for purported personal injury damages sustained on or about July 11, 1970, c. Claim filed by Crockett, Kennedy, Logan &Kuerbis, Attorneys at Law, on behalf of James Serris, for purported personal injury damages sustained, on Or about June 7, 1970. d. Claim filed by John C. Woolley, Attorney at Law, on behalf of Edward C. Sewell, for purported personal injury damages sustained on or about June 18, 1970. MOTION CARRIED. RESIGNATION - CULTURAL AR%}..C0M~ISS!.ON: on motion by Councilman Stephenson, seconded by Councilman Pebley, resignation of C.B~ Miller from the Cul- tural Arts Commissioh was accepted with regrets and the City Clerk was instructed to forward a letter of appreciation for services to the City of Anaheim. MOTION CARRIED. ~ARK.DEVED0. p~.NT .F~$~ City Manager Keith' A. MurdoCh presented a report by the Finance Director on In Lieu Fees for Park Development that had been requested by the City Council. Mr. M~rdoch advised that approximately two years ago a Citizens Committee recommended, a formula for In Lieu fees,wherein ~e~6ping-*ar.eas would bear cost of land acqu~sition and basic development for parks, with the City being responsible for.expenses beyond basic development. He fur- ther advised that present in lieu fees cover about 40% of basic park de- velopment cost~ Councilman Thom suggested that, since there has been a great deal more multiple-dwelling and trailer park construction the past few years than single-family construction, a single, in lieu fee of $125.00 o across the board could be considered. Councilman Pebley¥..noting the Finance Director's report shows area cities that are.raptdl~ moving forward in pOpulation and expansion have higher in lieu fees than Anaheim, recommended an increase in Anaheim in lieu fees to $200.00 per single-family unit, $125.00 per multiple-family unit, and $100.00 per trailer.~unit for one year, with another review at the e~d of that year~ .Councilman Dutton stated the opinion the higher in lieu fees of Newport Beach might be feasible, to which Councilmen Thom and Stephenson indicated assent. Mayor Dutton invited remarks from the audience° Mrs. Ann Madison, Madison Real Estate, and Chairman of the Plan- ning and Zoning Co~mittee of the Anaheim Board of Realtors, requested the Council defer~further discussion on this subject until i~terested organi- zations could be notified and prepared to participate. Councilman Dutton asked Mrs. Madison if the last in lieu fee tncrease'.had made any noticeable effect on construction. Mrs. Madison replied there had been a temporary slowdown on the part of developers. John Willoughby, 627 South Pandora Place, a member of the Citi- zens Committee which had made the aforementioned in lieu fee formula recom- mendation, advised that the recommended formula, using today's costs, 70-511 City H~.ll, Ana.~etm, California - COUNClL~M~NUTES - Septe_mber 29, 1970, 1:30 would make the 'tn lieu fees $230.00 for single-family units, $160.00 for mul- tiple-family units, and $100,00 for trailer park units. The' City Manager advised that increasing th~ in lieu fees by 60%, to cover !0~% of the cost of basic development of parks would calculate to very nearly the figures recommended by Councilman Pebley. On motion by Councilman Stephenson, seconded by Councilman Peble~, further discussion of in lieu fees was deferred to October 13, 1970, and the City Clerk was instructed to advise the Building Industry Association, Western Mobile Home ASsociation, and the Anaheim Board of Realtors of the meeting date. MOTION CARRIED. CONVENTION C_~.~.-CHARGES: Upon recommendation of the City Manager, discussion of Convention Center charges was deferred to allow further consulta~'tonwith Sta- dium and Convention Center Director T.F. Liegler, and Anaheim Area Visitors and Convention Bureau Executive Vice President W.F. Snyder. NEW 8TREE% - .O~ANGEWOOD AVENUE TO ST6.TE COLLEGE BOULEV~RD: The Cit~ Manager, with the aid of area maps, described alternate routes as suggested in a .report by the City Engineer regarding a proposed new north-south street between Orange-- wood Avenue and State College B~u~ levard to be constructed in conjunction with the City of orange to alleviat~heavy traffic in the Stadium area which is expected to be compounded by a proposed mobile home park development in an area in the City of Orange bounded by the Santa Aha River, State College Bou- levard, and the Orange City boundary south of Orangewood Avenue, which develop- ment was approved by the ~ty of O~ange on condition that a roadway be con- structed connecting Orangewood Avenue to Manchester Avenue (State College Boulevard) within the development. Mr. Murdoch advised that the State Division of Highways proposes to increase access to and from the Santa Ana Freeway at some time in the fu- ture, adding on and off ramps in the vicinity of the drive-in theatres in subject area. State College Boulevard is to cross the freeway on an over- pass structure to join ~iacentia Avenue; and when that occurs, in three to five years, traffic W~ll decrease considerably and then it probably will be possible to introduce another outlet onto Manchester Avenue without a detri- mental effect, although the decision on routes must be made at this time. Mr. Mmrdoch recon~nended either Route C or Route D, ~ahibtt A (on file) be approved, with Route D being preferred. Assistant city Edgineer Ralph Pease mentioned State COllege Boule- vard improvements presently under construction by the State Division of High- ways may allow capacity for additional cars, thus indicating that the street may be opened before ultimate improvement of the Freeway. .~ C.J. Queyrel, Anacal Engineering, representing the mobile home park developers, asked when construction would be begun on the Anaheim portion of the proposed street. Councilman Dutton advised construction would be begun when the City is assured that the. new street would not cause additional traf- fic congestion on Manchester Avenue. On motion by Councilman Pebley., seconded by Councilman Thom, the City Council approved in' concept either Route C or Route D (Exhibit A) of the subject proposed street, with Route D being preferred, as recommended. MOTION CARRIED. COP/~ESPONDENCE: The following correspondence was ordered received and filed, on motiOn by Councilman Thom, seconded by Councilman Stephenson: a. Notice of Application with the California Public Utilities Com- mission - Atchison, Topeka and Santa Fe Railway Company, Northwestern Pacific Railroad Company, Southern Pacific Transportation .Company and Union Pacific Railroad Company for authority to increase California intrastate passenger fares. 70-512 City Hall, Anaheiq, Ca~%fprn.$a- C~IL MINUTES - September 29& 1970, 1;.$0 P.~ ~. b.. Before the Civil Aeronautics Board - Application of Los Angeles Airways, Inc., 'for ten%wa! of ,temporary exemption- Answer of Golden West Airline~,-Inc,, and Reply of Los AngeIes Airways, Inc. c. Minutes - Co~nity Center Authority - September 10, 1970. d. Financial and Operating Reports fOr the month of August, 1970, MOTION CARRIED, ORDINANCE NO~ 2858: Councilman Thom 6ffered Ordinance No. 2858 for adoption. Refer to'Ordinance Book. AN ORDIEANCE OF THE CITY OF ANAHEIM A~.NDING ORDINANCE NO. 2825 NUNC PRO TUNC. (69-70-6 - Description) Roll Call Vote: AYES: COUNCIL~N: Stephenson, Pebley, Thom and Dutton NOES: COUNCIL~N~ None ABSENT: cR)UNCILI~N! Clark The Mayor declared Ordinance No. 2858 duly passed and adopted. Councilman Stephenson offered Ordinance No. 2859 for adop- ORDINANCE NO. 2859: tion. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIHAMENDING TITLE 18 OF THE ANA~IH ~JNICIPAL CODE RELATING TO ZONING. (69-70-66 - C-l) Roll Call Votes AYES: COUNCIL~Nt NOES: COUNC IL~N! ABSENT: COUNCILMEN~ Stephenson, Pebley, Thom and Dutton None Clark The Mayor d~ed Ordinance No. 2859 duly passed and adopted. ORDINANCE NO~ 2.$6.0~ Councilman Pebley offered Ordinance No. 2860 for first reading. AN ORDINANCE OF .THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM ~3NICIPAL CODE RELATING TO ZONING. (69-70~43(1) - M-i) COUNCIL POLICY - LOCAL..BANK~j Request was submitted by E1 Camino Bank for waiver of the requirement that a bank must be located in the City of Anaheim at least one year before City funds can be deposited therein. Subject request was d~rved from the September 15, 1970 meeting to al- low for report of ~he F~nance Director. Because of a possible conflict of interest, Councilman Pebley withdrew from the discussion and action on this issue. Finance Director Douglas Ogden recited the Council Policy on Local Banks, as adopted in December, 1966, and explained the different bank classifications. The City Manager stated the main question would be whether the Council felt a year's experience by a bank would be desirable before City funds are deposited. By general consent of the Council, the policy of requiring a local bank to be in operation one year before City funds are deposited therein will remain as presently in effect. 70-513 City Hall, Anal.elm, Californi~ - ~)/~(:IL ,l~lq~F.,~ - Sept~er ~.~, ~970, 1:30 P.M. LEASE - WALTER W. KERSHAW 'PROPERTY: On motion by Councilman Pebley, seconded by C°Uncilman Thom, the City Attorney's office was authorized to execute the two-year option on the present lease from Walter W. Kershaw for office space, Suites 602 through 610, 106 North Claudina Street, effective October 1, 1970. HOTION CARRIED. LITIGATION - T~/N.S~ND VERSUS CITY OF ANAI~IM~ Assistant City Attorney Alan Watts reported ~Uperior Cour[ this date 'Sustained the City's ~murrer (for the third time) without leave to amend, on the case of James Townsend versus City of Anaheim. (Capital Improvement Citizens Committee - Dinner.) DISN~YLAND "YI~PIE" DEMONSTRATION COST~ Mayor Dutton asked if a fisure was avail- able on the expenses '~ncurred by'the City of Anaheim in connection with the August ~, 1970 "Yippie" demonstration at Disneyland. The City Manager advised it was impossible to determine an exact figures because of the several agencies that had assisted and the time spent by full-time CitY personnel, not subject to overtime; that Anaheim's additional costs would have been incidental meals fo~ those involved, plus overtime ex- penses. RE~ESS -~vXE.CUTIVE.~ESSION: At the request of the City Manager, Councilman Dutton moved to Recess to Executive Sesston~for the purpose of discussin~ a person- nel matter. Councilman Stephenson seconded the motion. MOTION CARRIED. (4~20 P.M.). ADJOURNMENT: At the conclus.$on of Executive Session, and upon return of all Coun- cilmen to the Council Chambers, w~th the exception of Councilman Clark~ Coun- cilman Pebley moved to adjourn. Councilman Stephenson seconded the motion, MOTION CARRIED. ADJOURNED:. 5: 07 P.M. Signed D~puty City Clerk