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1970/11/1070-605 City Hail, Anaheim, California - COUNCIL MINUTES - November 10, 1970, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton COUNCILMEN: None CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Williams CITY ENGINEER: James P. Maddox PARKS AND RECREATION DIRECTOR: John J. Collier ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. :INVOCATION: Reverend Dean Painter, of the Knott Avenue Baptist Church, gave the Invocation. FLAG SALUTE: Councilman Ralph B. Clark led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATION: Mayor Dutton proclaimed November 9 through 15, 1970, "Youth Appreciation Week." MINUTES: Minutes of the Anaheim City Council Regular Meetings held October 20 and 27, and Adjourned Regular Meeting held October 28, 1970, were approved on mo- tion by Councilman Stephenson, seconded by Councilman Clark. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Clark 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 CITY: Demands against the City, in the amount of $1,212,117.35, in accordance with the 1970-71 Budget, were approved. PROPOSED REVENUE: City Manager Ketth MurdOch stated that, as he had previously pointed out, a serious deficiency exists in the ability to finance City opera- tions at present standards and yet be able to accomplish even a very little in the way of capital improvements. He added that present services and ac- tivities will continue to be reviewed to determine which ones reasonably can be reduced or eliminated; also that further reductions have been made in capi- tal improvement items - for example, long-term purchase of land, thereby stretch- ing out the financial burden, therefrom over several years - even after the Coun- cil's action in reviewing and reducing the cost of some of the items. Mr. Murdoch advised that the general policy of the City of Anaheim has been to refrain from competition with private industry in obtain revenue; however, some revenues can be obtained from activities that return a profit, thus the cost of operations that could compete with private industry and therefore must operate without profit must be borne by taxation, service charges, or other sources. · He reminded the Council that they had rejected an increase in the ad valorum tax rate for this year and that the revenue from rate changes in areas such as in lieu fees for parks, Convention Center parking, and golf green fees are relatively small and generally used for related purposes, thus the emphasis is left on the two sources currently placed before the Council: the utilities tax, which would affect all residents and consumers of the City; and the admissions tax, which would affect a more limited group of citizens, substantially those from outside the City, but which would result in greater total income to the City than the utilities tax. 70-606 .City Hall, Anaheim, California - COUNCIL MINUTES - November 10, 1970, 1:30 P.M. Mr. Murdoch recommended either the utilities tax or the admis- sions tax be adopted at this time. Councilman Stephenson stated it was his belief the City should not endeavor to establish Anaheim as the entertainment center of Califor- nia and the United States, and then expect tourists and the convention trade to pay the operational costs of the City. He felt this was the rea- son why Los Angeles has no admissions tax. Mr. Stephenson advised that if it was impossible to operate without an added tax of some kind he would favor a utilities tax far more than an admissions tax, since it would be a more equitable form of taxation. Councilman Thom agreed funds are needed for :apital improve- ments; however, with today's adverse economic conditions, where people are struggling to either maintain a job or a business, he did not feel the timing was right even to discuss additional taxation. He advised that although he was not in favor of any tax, the voluntary admissions tax, where you have the option to pay or not, would be less repugnant to him than the involuntary utilities tax. Councilman Clark advised he could not vote for either tax; that he would much rather curtail other areas of operation and let the capital improvement program mark time until the economic climate imprOved. Councilman Pebley stated that, if a tax were to be agreed upon, he would prefer a utilities tax; however, he also believed park deVelop- ment and other projects should be held up rather than impose any addi- tional tax at this time. He suggested waiting 90 days before taking any further action on additional taxation, to see if the economy might im- prove within that period. He further stated he would not want any taxa- tioh'tmposed unless it was by a unanimous vote of the Council. Councilman Dutton stated he recognized the City has to progress to some degree, and even with the utilities tax it would be an austere budget. He added that there are some capital expenditures necessary, and even though he disliked any additional taxation, he believed something had to be done, since the bond issues which woUld have carried the capital improvement expenditures had not been approved by the voters. Councilman Dutton further stated he realized that people are out of work, but he believed certain capital improvements can be delayed only so long, and the City must perform certain functions t° even keep abreast of the time to a slight degree. He advised he believed it would be short- sighted not to do those things that are necessary to keep Anaheim moving ahead, and delaying action on additional revenue sources would only com- pound the problems, since the economy could worsen as well as get better. Councilman Dutton stated he believed a utilities tax would be the most equitable, since it was his opinion that the Council has no right to charge a certain segment of the population coming to Anaheim to pay Anaheim's obligations through an admissions tax. In reply to Councilmen Pebley and Clark, Councilman Dutton said he had heard that San Francisco, Oakland and San Diego Stadiums were con- sidering an admissions tax, but had not heard that Los Angeles was. Councilman Stephenson advised he felt that Anaheim imposing an admissions tax, and not Los Angeles, could result in Los Angeles getting the convention and entertainment trade. He added that it was an obliga- tion of the Council to keep Anaheim at least on a level basis, and since this could not be accomplished through the $1.05 ta~ rate set by the Coun- cil, which rate is far below other area cities, something must be done to obtain additional revenue. 70-607 City Hall, Anaheim, California - COUNCIL MINUTES - November 10, 1970, 1:30 P.M. Councilman Clark stated he believed one of the proposed tax sources is discriminatory and the other unpalatable to the citizenry and, although Santa Ana passed a utilities tax, they rescinded this action three weeks later. He stated he would not vote for either of the proposed taxes. Mayor Dutton asked if anyone wished to address the Council. Bill Cockrell, Vice-President of Orange County Apartment House As, sociation, presented an outline of points opposing a utilities tax, and ad- vised their organization opposed such a tax on the basis that it would be discriminatory; that since many apartments today furnish utilities, the only way owners could recover the additional cost of the utilities tax would be by raising rents, an inflationary move at a time when, because of increased unemployment, less inflation is needed. He stated raising rents would cause more vacancies, a situation where there currently is a problem in Orange County, and where landlords are squeezed between increases such as this (5%), and an average Orange County tax rate increase of 17%. Mr. Cockrell stated a temporary tax usually becomes permanent, and his organization believed a tax should be out in the open and not tacked on a utility bill where it is overlooked. He suggested raising the tax base as a means of meeting required expenses. Ronald H. Lincoln, President of the Anaheim Chamber of Co~mnerce, reminded the Council that following the review of the City Budget, the Cham- ber of Commerce had reduced its promotional contract back to the present year's level, rather than the desired $100,000.00 over a five-year period for a joint program of industrial promotional development between the City and the Chamber. Mr. Lincoln read and presented to the Council a portion of a Reso- lution adopted by the Chamber, June 18, 1970, opposing a tax ~ate~i.mcrease,.or a new tax, either for business or the public. He advised that, because of the present economic conditions, Cham- ber memberships are being cancelled and events are poorly attended. Mr. Lin- coln recommended projects be curtailed and maintenance be on a breakdown basis only, rather than impose an additional tax at this time. Councilman Pebley stated that, after listening to the Chamber of Co~erce, Disneyland, California Angels,'and the Apartment House Association, and considering tbm fact that the vote was "no" on every bond issue on the Municipal Election Ballot this year, he did not think anything should be done at this time to raise additional revenues. He added that he personally did not agree with this and felt the City should continue progressing as it has the past 20 years; however, since the people have said "no," he suggested the City quit buying and building parks and, instead, tighten belts for a year to see what happens. Mr. Murdoch clarified the point that the reduced capital improve- ments program as outlined for the remainder of this fiscal year, and tenta- tively for the remainder of the first five-year program, does not include any of the items rejected by the voters at the last election, except for a substantially-reduced program of park land acquisition on a basis of purchas- ing those lands as they come on the market which, if not purchased, would be built upon, and permanently off the market; one example being the 65 acres purchased on a long-term basis with a $200,000.00 down-pa~mm~t, on the con- dition the Council enact some additional source of revenue. Merrill Sktlling, represen~ing Northrup Corporation, advised that in the 20 years their company has been in Anaheim they have gone from 1,000 ~o 1,500 employees up to 5,000, and now back to 1,000 or 1,500. He stated that imposing a utilities tax on their company would be the equivalent of a 100% increase in the City's share of property taxes; that the same tax to a homeowner would be a 25% to 35% tax increase, or the same as raising the tax rate from $1.05 to $1.40 or $1.50. In addition, property taxes are deductible, whereas utility taxes are not, for a private individual, although a utility tax would be deductible for a business. 70-608 City Hall, Anaheim, California - C. OUNCIL HINUTES - November 10, 1970, 1:30 P.M. Councilman Stephenson asked how the City's Budget and opera- tional expense would be affected for the remainder of this year if no tax increase was adopted. Mr. Murdoch replied that, in his opinion, neglecting to in- crease revenues from some source would seriously affect the present operations and he stated that in the event no additional source of re- venue is adopted, the Council should again review the operating budget and where there has been no actual work started or irreversible commit- ment made, decide which of the present operations Should be reduced fur- ther or eliminated; in addition, look at capital items to determine long and short-range effect of further postponing some items. Councilman Clark was of the opinion that the current Budget was projected to the available income, and not on a tax increase, and he understood not obtaining an additional source of revenue at this time wo~ld mean projects would continue as they are~. Mr. Murdoch advised projects could not continue as they are, without additional revenues, and also he believed it would be foolhardy to continue to push aside some capital improvements; that perhaps some could be postponed, but the present or future Councils would have to face the fact that tbpse projects would be even more expensive later on~ In reply to Councilman Pebley, Mr. llardoch advised a possessory interest tax has been paid under protest on the Stadium for four years, and that a return of approximately $1,000,000.00, by Court order, could be used for capital improvements; however, it was not certain when, if ever, that money would be returned to the City, and even if it were, it would not be available this year. Councilman Stephenson reminded the Council that at the time the Budget and capital improvement items were reviewed all the Council- men were aware there would have to be some type of tax increase to ful- fill those obligations, and at that time nobody indicated they were not in favor of a tax increase in some form. Councilman Pebley stated that at that time there was no indica- tion Anaheim would have an 8% unemployment; that ~aising the property tax 15¢ per $100.00 assessed valuation would be a deductible tax item, whereas utility taxes would not. City Attorney Joseph B. Geisler refuted the statement of Coun- cilman Pebley and Mr. Skilling that utilities taxes are not deductible, and advised that, in his opinion, it is a users tax, and as such is de- ductible, as is the State Sales Tax. Councilman Dutton suggested another alternative would be to lay off a couple of hundred City employees. Councilman Thom stated he took no umbrage to that solution, since it had been necessary in his own business. Dick Lytle, representing Autonetics, advised that despite be- ing Orange County's largest industry, Autonetics faces the same problems today as small businesses. He stated, that two years ago his company enm ployed 27,000. At the beginning of this year there were 21,000 employees, and now there are about 15,000, with no indication of when the present downturn will cease. He estimated that Autonetics, or any other firm at a 6% fee, necessarily would have to generate about a quarter of a'million dollars of additional business, or the equivalent of keeping 70 persons employed, to cover the additional cost of a utilities tax. Mr. Lytle recon~ended the subject be deferred at least 90 days, until a better grip can be obtained by those struggling for survival. 70-609 City. Mall, Anaheim, California - COUNCIL MINUTES - November 10, 1970, 1:30 P.M. Mr'. Murdoch suggested, if the Council desired additional time on the matter, that a workshop-type of meeting be scheduled to study the operating budget, long, range budget, and various impacts the Council is facing. He advised that if the Council did not wish to go ahead on an ad- missions tax a time pressure would be eliminated, since the item was scheduled for this date, as about the latest date such a tax could be included before 1971 tickets were printed, especially for the Stadium and Disneyland. With regard to a utilities tax, Mr. Mardoch advised that a delay in imposing such a tax, if such was eventually adopted, would result in a reduc- tion of revenues for this year, which would necessitate reanalyzing priorities, since it would then be impossible to accomplish all that the Council had indi- cated they wanted done this year. Councilman Dutton moved the admissions tax proposal be rejected, and a meeting be scheduled within two weeks to reappraise the Budget and capital expenditure priorities. Councilman Stephenson seconded the motion. Councilman Pebley stated he understood the Dodger Stadium was con- sidering a 25¢ or 50¢ tax, and a 25¢ tax at Anaheim Stadium would offset the possessory interest tax, and thus he did not want to completely rule out an admissions tax. Councilman Dutton retracted his foregoing motion, and offered a mo- tion to schedule a meeting for 9:00 A.M., Tuesday, November 24, 1970, for the purpose of reappraising the priorities on capital improvements, and to reevalu- ate the operating budget.. Councilman Stephenson secondedthe motion. MOTION CARRIED. CONTINUED PUBLIC wFARING - CONDITIONAL USE PERMIT NO. 1204: Submitted by Mack and Don H. Jenkins, to establish a billboard which exceeds the maximum permitted billboard display area on R-A zoned property located north and east of the northeast corner of Douglass Street and Katella Avenue, with waivers of: a. Maximum permitted sign height. b. Minimum required structural setbacks'. The City Planning Commission, pursuant to Resolution No. PC70-173, denied said conditional use permit. Appeal from action taken by the City Planning Commission was filed by Jay Kingry, Pacific Outdoor Advertising Company, Agent for the Applicants, and public hearing scheduled October 20, 1970, at which time public hearing was continued to this date at the request of Pacific Outdoor Advertising Com- pany, to allow for the attendance of their representative. Zoning Supervisor Charles Roberts noted the location of subject pro- percy, the existing uses and zoning in the immediate area, and briefed the evi- dence submitted to and considered by the City Planning Commission. He advised that the City Planning Omission had based their denial on the fact that the proposed structure would conflict with almost every criteria established by the ordinance for the location, construction of billboards, and would conflict with the scenic highway designation of Katella Avenue in the area which is pending before the City planning Commission. Mayor Dutton asked if the Applicant or his Agent was present and wished to address the Council. Jay Kingry, Pacific Outdoor Advertising Company, Agent, advised the property in question was leased by his company in February or March of 1970, 70-610 City Mall, Anaheim, Caltforni~ .- COL~CI~MIh-0TES- November 10, 1970, 1:30 P.M. at which time it was a part of Orange County. He added that by the time 'the permit was obtained from Orange County and construction begun, the property, unknown to his company, had been annexed by the City of Ana- heim, which fact was revealed by an Orange County inspector who was check- lng the first phase of construction. Hr. Kingry requested permission to continue with construction of the requested billboard since, in his opinion, it would not affect the health, safety or welfare of the City of Anaheim, and stated his com- pany would be agreeable to a stipulation that if their request was gran- ted, they would remove the billboard at any time that it conflicted with development of the property, upon 30 days' notice. Councilman Clark stated he believed that, since all parties had entered into this project in good faith, and the petitioner had agreed to a stipulation to remove the billboard at any time, the commitment by Orange County should be honored. In reply to Councilman Pebley, the City Attorney advised it would be difficult to make the proposed billboard a non-conforming use since, even though Orange County had issued the permit, the property in question was a part of Anaheim at that time; however, it was possible to grant a conditional use permit with basic variances in the Code provi- sion and with a time limit or condition that the property not be used for any other purpose as long as the sign existed. Councilman Pebley inquired about the possibility of the owner of the property subdividing his property and selling all but the parcel on which the sign is located. Hr. Geisler advised subdivision of the property must necessar- ily come before the Council for approval. He added the present owner could sell all.of his property to a party who would file for subdivision permission; however, if that were the case, and the Council denied the subdivision request, the new owner, by law, would be able to rescind the contract. In reply to Councilmen Pebley and Thom, Hr. Kingry advised his company would be agreeable to a one-year time limit, subject to review, in view of the fact they have already invested approximately $4,000.00 in the project. Mayor Dutton asked if anyone else wished to address the Council; hearing no response, declared the hearing closed. With regard to establishing the requested sign as a non-conform- ing sign, Hr. Geisler advised that the only existing non-conforming signs in the City are those that were erected prior to the adoption of .the new sign ordinance, and the only method by which a sign that does not meet code requirements can now 'be erected is by obtaining a variance to the code provisions. He added that Pacific Outdoor Advertising Company is one of the sign companies that worked with the City in drafting the new sign ordinance.and is one of the companies that had always been coopera- tive in complying with City requirements. .gESOLUTION NO. 70R-535; Councilman Pebley offered Resolution No. 70R-535 for adoption, granting Conditional Use Permit No. 1204 .for a period of one year, subject to review by the City Council at the end of one year, with the stipulation that upon any other use of the property the sign would be removed on 30 days' notice, and further subject to the following recommen- dation of the Interdepartmental Committee and Development Services Depart- merit: 1. That subject property shall be 4eveloped substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1 and 2. 2. That adequate clearance of existing electrical lines shall be provided as required by the Electrical Division, Department of Public Utilities, and the State of California G.O. 95. 70-611 City Hall, A--hefum, California - COUNCIL MINUTES - November 10, 1970, 1:30. P.M. .Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTIN~ CONDITIONAL USE PERMIT NO. 1204. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley and Thom Dutton None The Mayor declared Resolution No. 70R-535 duly passed and adopted. PUBL%C ~R!NG - VARIANCE NO. 2212 (RECLASSIFICATION NO, 68-69-85 AND VARIANCE NO., 2076).~ Submitted by Walter Fluegge, to establish a 220-unit apartment complex on property fronting on the east side of Nutwood Street, west of Easy Way, with waivers of: a. Maximum building height within 150 feet of an R-A Zone. b. M~ximumdistance between dwelling unit and covered parking space. c. MInimum distance between buildings. d. Minimum landscaped building setback. The City Planning Commission, pursuant to Resolution No. PC70-183, granted said variance in part, denying Waiver "b," and granting Waivers "a," "c," and "d," subject to the follow~ng conditions: 1. That this variance is granted subject to the completion of Re- classification No. 68-69-85, now pending. 2. That an 8-foot masonry wall shall be constructed along the north and east property lines of the R-A parcel (Fluegge property) adjacent to the south and west property 'lines of subject property, as stipulated to by the petitioner-developer. 3. That subject property shall be developed substantially in ac- cordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, and 3, provided however, that the south wall of the carports adjacent to the R-1 properties along the south property line shall be constructed of slumpstone, as stipulated to by the petitioner. 4. That Condition Nos. 2 and 3, above mentioned, shall be com- plied with prior to final building and zoning inspections. Review of action taken by the City Planning Commission was requested by Councilman Dutton at the October 20, 1970 meeting, and public hearing sched- uled this date. The City Clerk submitted correspondence received October 27, 1970, from the Superintendent of the Anaheim City School District, requesting that an east-west street, connecting Easy Way and Nutwood Street, be required. Zoning Supervisor Charles Roberts noted the location of subject property, the existing uses and zoning in the immediate area, and briefed the evidence submitted io and considered by the City Planning Con~nission. Mr. Roberts advised that previous R-3 zoning proposal for subject property, (Reclassification No. 68-69-85 and Variance No. 2076), did not show an east- west st'z~et connecttn~ Easy Way and Nutwood Street in the plans submitted, and at that time, the Council requested the Applicant to submit revised plans incorporating such a street, since it was determined necessary. He added that the plans submitted with subject request do not include an east-west street nor does it provide any interconnecting vehicular accessways within the project. Mr. Roberts noted the plans submitted with subject request reflect provisions of a 15-foot dedicated pedestrian accessway along the northerly boundary of the property, i~nediately adjacent to the Southern Pacific right- of-w~y, in lieu of the street required on the previous plans. Mr. Roberts advised that in the event the City Council determines the east-west street is 70-612 City Hall, Anaheim, California - COUNCIL MINUTES - Nov~r~her 10,1970, 1:30 P.M. no longer required, it would be necessary to amend the R-3 zoning (Reclas- .sification No. 68-69-85) to delete that requirement. In answer to Councilman Pebley, Hr. Roberts stated that the City Planning Commission had reviewed the correspondence from the Ana- heim School District at the time they granted subject request. Councilman Dutton noted vehicular access to the block east of subject property is to Katella Avenue only, since all streets within that area are cul-de-sacs. Hr. Roberts advised such was correct; however, since the alley servicing subject property connects with Sallie Lane in the block to the east of subject property, school children could walk to Nutwood Street by way of the alley and through the existing multiple-family project and the proposed project. Traffic Engineer Ed Granzow stated that there presently is a wallet the western terminus of Sallie Lane which could preclude pedes- trian traffic. Hr. Granzow further stated that seven separate areas in the general area all must enter Katella Avenue to gain access, and there have been a number of requests for traffic signals at Humor Way, which street connects with Easy Way. He contended that allowing the proposed project without an east-west street connecting Easy Way and Nutwood Street could result in requests for traffic signals at Easy Way. Councilman Clark, noting Chat Hr. Rose and Hr. Rinker had par- ticipated in his recent campaign for County Board of Supervisors, although he averred there was no c~nitment in connection therewith, requested an opinion from the City Attorney on whether he should vote on subject re- quest. The City Attorney advised that if there is, in fact, no co~it- mant connected with participation in the campaign by the ~vo aforementioned gentlemen, and Councilman Clark did not think it would affect his decision, it would merely be a matter of preference on the part of Councilman Clark on vhether to vote on subject issue. File and plans were reviewed by the City Council and Nayor Dut- ton invited the Applicant or his A~ent to address the Council. LeRoy Rose, 1711Westmont Drive, Architect for subject project, and also representin$ the Developer, stated that since there presently are only approximately 30 elementary school-age children.in ,the in, ned- late area their proposal to provide a walkway near the railroad tracks would help solve the problem of children having to walk on the tracks to go to school. However, no matter how this project is developed, children will still walk down the railroad tracks as the area is open to them at t~o locations. With the aid of an area map, Hr. Rose voiced the'conten- tion that providing a connecting east-wes~ street between Nutwood Street and Easy Way would place an added burden on the already heavily-traveled Nut~ood Street, and also that vehicles still would exit onto Estella Ave- nue if it was closer than going through to Nutvood Street. Hayor Dutton asked if anyone else ~lshed to address the Coun- cil; there being no response, declared the hearing closed. Councilman Dutton questioned whether providing a street through subject property would solve the circulation problem in the area,, as it appears the problem vascreated in not requiring circulation when the ad- Jacent areas developed. RESOLUTZONNO. 70R-536; Councilman Stephenson offered Resolution No. 70R-536 for adoption, ~ranttng Variance No. 2212, subject to the recom- mendations of the City Pla~ins C~isston, ~ndi~ Condition No. 3 as follow: 70-613 City Hall, Anaheim, California- COUNCIL MINUTES- Nov_mm_her 10, 1970, 1:30 P.M. 3. That subject property shall be developed substantially in ac- cordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, and 3, subject to necessary modification of plans to co~ply with the requirement of the R-3 reclassification, provided, however, that the south wall of the carports adjacent to the R-1 property along the south property line shall be constructed of slumpstone, as stipulated to by' the petitioner. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2212. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: AB SE1Tf: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-536 duly passed and adopted. RECLASSIFICATION NO, 68-69-85 AB-D VARIANCE NO. 2076.~ Request of LeRoy Rose and Associates was submitted for deletion ~f that portion of Condition No. 1 of Resolution No. 69R-344 (granting 68-69-95), requiring the dedication and im- provement of a new east-west street through subject property, located on the east side of Nutwood Street, north of Katella Avenue, and extending easterly to Easy Way. Also submitted was report of the City Engineer, recommending the requirement of said new street between Easy Way and Nutwood Street be retained. Zoning Supervisor Charles Roberts advised that, since Variance No. 2212 was approved without requiring an east-west street connecting Easy Way and Nutwood Street, as Plans submitted do not provide for said street, it then would be appropriate to grant subject request. At the invitation of Mayor Dutton, Walter Fromme, Rinker Develop- ment Corporation, addressed the Council. Mr. Fromme, referring to the ori- ginal plans submitted for Variance No. 2076, stated he believed that those plans were the only type that could be used if a street were required through the middle of the property. He added that deletion of the east-west street requirement would allow a much better looking project to be developed, and also would make it possible for the project to obtain financing, which had not been possible when the project included the street in question. Mr. From~e indicated subject property would not be developed if their request for deletion of Condition No. 1 of Resolution No. 69R-344 was denied. Thq City Manager asked if an east-west street could more easily be constructed at the north of subject property, adjacent to the railroad tracks. Mr. Fromme advised the cost of putting a street through the property at any point would be prohibitive, when the acreage necessary for the street and the dwelling units that would have to be taken out of the plans were con-. sidered. Councilman Stephensonmoved subject request be denied. Councilman Clark seconded the motion. Roll Call Vote was called for and the foregoing motion failed to carry by the following vote: AYES: COUNCILMEN: NOES: COUI~IL,-~N: ABSENT: COUNCIl: Clark and Stephenson Pebley, Thom and Dutton None 70- 614 City Hall, Anaheim, California - cOUNCIL MINUTES-.November 10, 1970, !:30 P.M. RESOLUTION NO. 70R-537: Councilman Pebley offered Resolution No. 70R-537 for adoption, amending Resolution No. 69R-3~ by deleting therefrom all references to a new east-west street running be~een NUt~ood Street and Easy Way in Condition Nos. 1, 2, 3, and 4. Refer to Resolution Book. A RESOLUTION.OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDINC RESOLU- TION NO. 69R-344 IN RECLASSIFICATION PROCEEDINGS NO. 68-69-85. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Pebley, Thom and Dutton Clark and Stephenson None The Hayor declared Resolution No. 70R-537 duly passed and adop- ted. RECESS; CoUncilman Pebley moved for a 10-minute Recess. Councilman Dutton seconded the motion. MOTION CARRIED. (3:30 P.M.). AFTER'~ECESS: Hayor Dutton called the meetinE to order, all members of the City Council being present, with the exception of Councilman pebley. (3:45 P.M.). PUBLIC HEARII~ - ~ NO, 70-3A: Public hearing was held on proposed abandonment of an existing public utility easement, requested by Dunn Pro- perties Corporation; property located southerly from Orangevood Avenue, east of State College Boulevard, pursuant to Resolution No. 70R-520, duly published in the Anaheim Bulletin and notices thereof posted in accord- ante ~rlth law. Report of the City Engineer was submitted, recommending appro- val. Hayor Dutton asked if anyone wished to address the Council; there being no response, declared the hearing closed. P~SQLUTION NO. 70R-538: Councilman Clark offered Resolution No. 70R-538 for adoption, approving Abandonment No. 70-3A, as recon~ended by the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE (70-3A). Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCII2~N: 0 TEMPORARILY ABSENT: COUNCII21EN: ABSENT: COUNCIIi~EN: Clark, Stephenson, Thom and Dutton None Pebley None The Mayor declared Resolution No. 70R-538 duly passed and adop- ted. PU~LIC...~ING - ABAI~O~ NO. 69-35A: Public hearing was held on proposed abandonment of an existing 10-foot wide public utility easement, requested by PoR. C. Development COrporation; property located east of Aladdin Street, south of Alameda Avenue, pursuant to Resolution No. 70R-519, duly pub- lished in the Anaheim Bulletin and notices thereof posted in accordance .with Iaw. Report of the City Engineer was submitted, recommending appro- 70-615 City.Hall,. Anaheim, California - COUNCIL MI.~ - November 10, 1970, 1:30 P.M. Mayor Dutton asked if anyone wished to address the Council; there being no response, declared the hearing closed. Councilman Pebley returned to the Council Chambers. (3:47 P.M.). RESOLUTION NO. 70R-539: Councilman Stephenson offered Resolution No. 70R- ' 539 for adoption, approving Abandonment No. 69-35A, as recommended by the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACA- TIONAND ABANDONMENT OF CERTAIN~ PROPERTY DESCRIBED HEREIN. (69-35A). Roll Call Vote: AYES: COUNCILMEN: Clark, Stephenson, Thom and Dutton NOES: COUNCILMEN: None ABSTAINED: COUNCILMEN: Pebley ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 70R-539 duly passed and adopted. PUBLIC DANCE pERMIT: Application filed by Isabel A. Lopez, on behalf of Sociedad Progresista Mexicana Logia #24, for permit to conduct public dance November 22, 1970, at Carpenters Hall, 608 West Vermont Avenue, was submitted and granted, subject to provisions of Chapter 4.16 of the Anaheim Municipal Code, as recon~ended by Police Capt. Carl D. Miller, on motion by Councilman Ste- phenson, seconded by Councilman Clark. MOTION CARRIED. AMUSEMENT D~ICES PERMIT: Application filed by G & G Amusement Company, for amuse- ment devices permit to allow 2 pool tables, 1 shuffleboard, 1 bowler, 1 flip- per and 1 luke box at Aces Inn, 309 Manchester Avenue, was submitted and gran- ted, subject to provisions of Chapter 3.24 of the Anaheim Municipal Code, as reco-w, ended by Police Capt. Carl D. Miller, on motion by Councilman Clark, seconded by Councilman Stephenson. MOTION CARRIED. RECLASSIFICATION NO. 68-69-40, VARIANCE NO. 2026, TENTATIVE TRACT MAPS NOS. 6734 AND 6772.- EXTENSION OF TIME: Requests of VTN, dated October 13, 1970, was sub- mitted for an extension of time to Tentative Tracts Nos. 6734 and 6772, to allow for recordation,, pursuant to Resolution Nos.68R-742 and 69R-100, to- gether with reports of the City Engineer reco~nending a one-year extension of time for Tentative Tract No. 6734 and 6772, and the Development Services Department reco~nendtng a one-year extension of time be granted to Reclassi- fication No. 68-69-40 and Variance No. 2026, subject to development plans be- ing received and approved by the City Council prior to the issuance of a buil- ding permit. On motion by Councilman Pebley, seconded by Councilman Thom, a one- year extension of time to ReclassifiCation No. 68-69-40, Variance No. 2026, and Tentative Tracts Nos. 6734 and 6772 was granted, to expire November 25, 1971, subject to conditions recommended by the. Development Services Depart- ment. MOTION CARRIED. COND~TI0.NA~ USE pERMIT NO, 714 - EXTENSION OF TIME: Request of Ralph G. and Sylvia Alexander, dated October 15, 1970 was submitted for an extension of time to Conditional Use Permit No. 714 for compliance with certain conditions, pur- suant to Resolution No. 65R-581, together with report of the Development Ser- vices Department recom~ending extension of time be denied, and Applicant file for a new zoning action. Upon motion by Councilman Dutton, seconded by Councilman Thom, an extension of time for Conditional Use Permit No. 714 was denied, and Appli- cand advised to file new zoning application, if desired, as reco~aended by the Development Services Department. MOTION CARRIED. 70-616 City Hall. Anaheim, California - COUNCIL MINUTES - November 10, 1970, 1:30 P.M. CON~ITI.~iAL USE PERMIT NO. 1157 - REI~ARINC: Request of IrviniMoskowitz, M.D., was submitted for a rehearing on Conditional Use Permit No. 1157 (denied by Resolution No. 70R-316) to build an acute hospital in Anaheim, on Ana- heim Boulevard, near Ball Road, in conjunction with a 240-bed convales- cent hospital. At the invitatiofl of Mayor Dutton, Harry Knisely, 1741 South Euclid Street, Agent for the Applicant, addressed the Council. Mr. Knisely expressed the opinion that the previous application had been denied basically because of a recommendation by Comprehensive Health Planning Association, whose reports, he asserted, had not been made available to the Applicant. Mr. Kntsely stated that he believed sufficient new evidence had been submitted by the Applicant to warrant a rehearing on the petition. Councilman Illtton stated that he did not favor a local co,unity losing control of any of its zoning action, and also the Applicant was given reasonable cause to assume the application would be approved and thus, he would be in favor of granting a rehearing. Councilman Clark agreed.. Councilmen Thom, Stephenson and Pebley expressed their unwilling- ness to grant a rehearing since it was felt sufficient evidence had been presented at the original hearing; however, Councilman Pebley advised that if an evening hearing was set he would be more inclined to grant a rehear- Councilman Clark moved to grant a rehearing on Conditional Use Permit No. 1157. Councilman Dutton seconded the motion._ On Roll Call, at the request of Mayor D~tton, the foregoing mo- tion failed to carry by the following vote: AYES: NOES: ABSENT: COUNCILMEN: Clark and Dutton COUNCILMEN: Stephenson, Pebley and Thom COUNCIlmEN: None No further action was taken by the City Council on the request. AIR CALIFORNIA - RESOLUTION: Request of Air California was submitted for a Reso- lution to the Orange County Board of Supervisors in support of commercial aviation in Orange County. On motion by Councilman Clark, seconded by Councilman Stephenson, correspondence was ordered received and filed. MOTION CARRIED. CHA~_ER.OF COD~ERCE - CITY CENTER DEVELOPD~NT STUDIES; Resolution of the Anaheim Chamber of Co,~nerce was submitted requesting appointment of the Chamber of Co~a~erce to organize a committee for development of a conceptional plan and priorities for progress in the City Center, and further outlining requests dealingwith same. At the invitation-of Mayor Dutton, Ronald H. Lincoln, President of the Anaheim Chamber of Commerce, addressed the Council. Mr. Lincoln read'the aforementioned resolution of the Anaheim Chamber of Commerce and requested the City Council authorize the Chamber to appoint such a commit- tee, which would include a representative of the City Council and the City Planning Co~ission, which Committee then would be instructed to submit a conceptional plan by February 2, 1971. Councilman Dutton requested that if such a committee were author- ized, it include the existing Urban Renewal Advisory Committee of H. Horn, M. Martenet, J. Morris, J. DeDapper, and L. Henderson. Mr. Lincoln agreed that the Urban Renewal Advisory Cou~nittee would be invited to become members of their proposed committee, and also that 70-617 City Hal!, Anaheim, California - COUNCIL MINUTES - November 10, 1970, !.:30 P.M. _ previous reports by committee and Urban Redevelopment would be included in their studies. On motion by Councilman Thom, seconded by Councilman Clark, request of the Anaheim Chamber of Co~nerce was approved on condition the existing Ur- ban Renewal Advisory Committee be made a part of the proposed committee, if they so desire. MOTION CARRIED. CITY PLANNING COI~IISSION ITEMS: Actions taken by the City Planning Commission at their meeting held October 19, 1970, pertaining to the following applica-, tions were presented for City Council information and consideration: VARIANCE HO. 2214: Submitted by Pacific Telephone and Telegraph Company, to erect a 225-foot tower to enclose telephone microwave equipment on C-2 zoned property bounded on the east by Lemon Street, on the south by Chartres Street, on the west by Clementine Street, and on the north by Cypress Street, with waiver of: a. Maximum building height. The City Planning Commission, pursuant to Resolution No. PC70-191, granted said variance. , Review of action taken by the City Planning'Commission was requested by Councilman Clark and the City Clerk was instructed to schedule the matter for public hearing before the City Council. y/~RIANCE NO. 2100: Submitted by Daryoush MaHboobi-Fardi, requesting approval revised plans for a proposed 3-story, 106-unit apartment complex, on R-A s~med property located on the west side of Pearl Street, north of Wilshtre l~eenue. The City Planning Connnission, pursuant to Resolution No. PC70-188, recommended denial. The City Clerk submitted correspondence from the Applicant request- ing action be withheld at this time to allow for submission of further revised plans. By general consent of the Council, action on revised plans for Var- iance No. 2100 was withheld, as requested. CONDI~!OIi~L U~ PERMIT NO. 1206: Submitted by Lela Hatton, to permit the con- version of existing mobile home spaces into 22 additional overnight travel trailer spaces, on R-A zoned property located north and east of the northeast corner of Harbor Boulevard and Wilken Way, and further described as 2170 South Harbor Boulevard. The City Planning Commission, pursuant to Resolution No. PC70-189, granted said conditional use permit.. The Council granted permission for Mrs. Helen O'Key to address the Council. Hrs. O'Key stated she had obtained many signatures of residents in the area requesting a pub'lic hearing. Review of action taken by the City Planning Commission was requested by Councilman-Thom, and the City Clerk was instructed to schedule the matter for public hearing before the City Council on December 8, 1970, 1:30 P.M. PRO~O~D AI~~ TO TITI~ 18.- BILLBOARDS; On motion by Councilman Clark, sec- onded by Councilman Thom, public hearing was scheduled December 1, 1970, 1:30 P.M., to consider Amendment to Title 18; Chapter 18.63, Section 18.63.030(b2), extending the scenic highway boundaries for Katella Avenue to read: "Anaheim- Barber City Flood Control Channel," and the center of the Santa Aha River. NOTION CARRIED. 70-618 City Hall, Anaheim, California - CQ~CIL MINUTES- ]iovember 10, 1970, 1:30 P.M. P~OPO~ED AI~NT TO TITLE 18 - VAR~:.~~. O~ mott~;by Councilman -Clark, seconded by Councilman Thom, ~Ic hea~in~ ~ 's~uled December 1, 1970, 1:30'P.M., to consider Amendment to Title 18, ChaP(er 18.68 - Var- iance Procedures, Section 18.68.010 - Planning CommiSsion Authorized to Grant Variances, and Section 18.68.030 - Required Showings. MOTION CAR- RIED. F~NALMAP - TRACT NO. 6717 (RECLASSIFICATION NO. 68-~69-20 AND VARIANCE NO. 2027): Developer - Hirsco Corporation; tracted located on the north side of Old Santa Ana Canyon Road, west of Imperial Highway, containing 15 R-1 zoned lots. The City Engineer recommended approval and reported that said final maps conforms substantially with the tentative map previously ap- proved; that bond has been forwarded to the City Attorney for approval, and required fees paid. On recommendation of the City Engineer, Councilman Stephenson moved that Final Map, Tract No. 6717 be approved, subject to approval of required bond by the City Attorney. Councilman Thom seconded the motion. MOTION CARRIED. WAIVER - DOmeSTICATED OCEIIYr; Request was submitted from James S. Okazaki, on behalf of Mr. and Mrs. liroshi Inoue, for permission to keep a domes- ttcad ocelot at the Inoue residence, 2922 Greenhedge, together with re- port of the Zoning Enforcement Officer. Council discussion brought out the fact that the ocelot in ques- tion has been quarantined by law for puncturing the skin of a neighbor with its teeth. On recommendation of the City Manager, subject matter was con- tinued to November 17, 1970, to allow for the presence of the Petitioners. Councilman Clark moved authorization be granted to release the ocelot from the Animal Shelter and place it in the care of a veterinarian. Council- man Dutton seconded the motion. Zoning Zupervisor Charles Roberts informed the Council that the ocelot has been released to the care of a veterinarian, whereupon Council- man Clark withdrew his motion and Councilman Dutton withdrew his second to the motion. P.~CLASS~FICATION NO. 61-62-64 - KEAFF~RMATION OF PE~D CO~C~ USE: Re- quest of ~r~erite Coons Lee was submitted for reaffi~tion of petit- ted use and extension of access rithts to ~rbor Boulevard for property at 625 South Harbor Boulevard, to~ether ~th report of the Development Services Department reco~ndinE the request be denied; however, if iran- ted, that ~dinance No. 1739 be ~ended to delete prohibition aEainst co~tned c~ercial and residential uses. Mayor Dutton invited the Applicant to address the Council. Marguerite Coons Lee, 625 South Harbor Boulevard, advised that subject property presently is being sold and requested assurance that the new owners would be permitted to continue the present use of the property. On motion by Councilman Stephenson, seconded by Councilman Thom, present permitted 'use of the property at 625 South Harbor BOUlevard was reaffirmed, and access rights to Harbor Boulevard were extended for an additional three-year period. MOTION CARRIED. R~$/)L~ION .1~, ?0R-540 - WORK ORDER NO. 596A: Upon receipt of certification from the Director of Public Works, Councilman Stephenson offered Resolu- tion No. 70R-$40 for adoption. Refer to Resolution Book. 70-619 CitY Hall, Anaheim, California- COUNCIL MINUTES- Nov,--her 10, 1970, 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMP~TION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER:, AND THE PERFORMANCZ OF ALL WORK NECESSARY TO CONSTRUCT AND COMr PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF PORTIONS OF BROADWAY AND ORANGE AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO~596-A.. (John W. Tiedemenn Company) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-540 duly passed and adopted. RESOLUTIO~ NO. 70R-541 - WORK ORDER NO. 577A: Upon receipt of certification from the Director of Public Works, Councilman Clark offered Resolution No. 70R-541 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COM- PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF BROADWAY STREET AT SOUTHERN PACIFIC RAILROAD CROSSING WEST OF MANCHESTER AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 577A. (Sully-Miller Contracting Company) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-541 duly passed and adopted. DF~ED$ OF ~AME~NT: Councilman Thom offered Resolution Nos. 70R-542 and 70R-543 for adoption. Refer to Resolution Book. RESOLUTIO~..NO, 70R-542: A RESOILTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN GRANT DEEDS AND ORDERING THEIR RECORDATION. (Di Giorgio Corporation; Levitt & Sons of California, Inc.; Allen J. and Donna L. Long; Lenora Mesloh and Mildred E. Loetterle; Shapell Industries, Inc.; Stadium Industrial Park; and Clarence and Alice Wagner.) RE~OId~TION NO. 70R-543: A RESOLUTION OF THE CITY COUNCIL OF ~THE CITY OF ANAHEIM ACCEPTINGA GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR MUNICIPAL PURPOSES. (Lc Chateau Majorca) Roll Call Vote': AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution Nos. 70R-542 and 70R-543 duly passed and adopted. RESOLUTION. NO. 70R-544: Councilman Clark offered Resolution No. 70R-544 for adop- tion. Refer to Resolution Book. 70-620 City Hall.. A~aheim. California- COUNCIL HINU~ES -November 10, 1970, 1:30 P,M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY IN SETTLEMENT OF EMINENT DOMAIN PROCEEDINGS. (Estate of Alice E. Brady) Roll Call Vote: AYES: COUNCILI~N: Clark, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared ResolutionNo. 70R-544 duly passed and adopted. PURCHASE OF EQUIPMENT: The City Manager reported on the recommended purchase and installation of Tuf-flex Rubber Flooring in the multi-purpose room of the Library, from Tri-Way Contractors, at a cost of $3,971.00, plus taX. On motion by Councilman Pebley, seconded by Councilman Stephr ensbn, purchase was authorized from Tri-Way Contractors, at $3,971.00, plus tax, as recommended. MOTION CARRIED. APPLICATIONTO FILE LATE CLAIM: On motion by Councilman Pebley, seconded by Councilman Clark, application of Gelfand, 'Berggreen, Feinberg and Rogers, Attorneys at Law, to present a late claim on behalf of Alfred L. and Shirley B. Ineichen, for purported personal injury damages sustained on or about February 6, 1970, was denied. MOTION CARRIED. CLAIMS AGAINST THE CITY: The following claims were denied, as recommended by the City Attorney, and ordered referred to the insurance carrier: a. Clahasubmitted by Agnes Price, for purported personal in- jury damages sustained on or about June 30, 1970. b. Claim submitted by Shirley Kay Sterling, for purported per- sonal injury damages sustained on or about September 25, 1970. c. Claim submitted by Mrs. Beth K. Otteson, for purported per- sonal injury damages sustained on or about October 1, 1970. d. Claim submitted by Virginia M. DeLeon, on behalf of bet daugher, Leslie Ann Shelton, for purported personal injury damages sus- tained on or about Septet_bet 6, 1970. e. Claim submitted by Jack J. Gillespie, for purported per- sonal injury damages sustained on or about last week of May, 1970. f. Claim submitted by H.S. Somsen, Claim Examiner, Allstate Insurance Company, on behalf of John T. Sarnicky, Jr., for purported per- sonal property damage sustained on or about August 22, 1970. g. Claim submitted by H.E. Wayland, Recovery Department, United Pacific Insurance Group, on behalf of Rex G. Bruhns, for purported per- sonal property damages sustained on or about January 19, 1970. h. Claim submitted by Charles N. Willard, on behalf of his wife, Alma Willard, for .purported personal injury damages sustained on or about August 17, 1970. i. Claim submitted by Portigal and Knight, Attorneys at Law, on behalf of Frank A. and Esther H. Brewer, for indemnity, arising from automobile a6cident occurring on or about August 28, 1970. MOTION CARRIED. RESOLUTION NO. 70R-565 - STATE RETIREI~NT CONTRACT: Councilman Stephenson offered Resolution No. 70R-545 for adoption. Refer to Resolution Book. RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CO1TI~ACT BETWEEN .TI~ BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ANAHEIM. Roll Call Vote: 70-621 City Hall, Anaheim, California - COUNCIL MINUTES - November 10, 1970, 1:30 P.M. AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-545 duly passed and adopted. STATE RETIRE~NTCONTRACT AMENDMENT - SAFETY EMPLOYEES: Upon recommendation o f the City Manager, Councilman Clark moved that Section 20980.1 of the Govern- ment Code be adopted as an Amendment to the State Retirement Contract, per- mitting any safety employee who is employed by Anaheim when the new provisions of the retirement law are effective July 2, 1971, and who would reach age 60 before having 20 years of active service, to continue employment until he either has 20 years of service or reaches age 65, whichever occurs first. Councilman Stephenson seconded the motion. MOTION CARRIED. RESOLUTION NO. 70R-546 - HAROLD WATTS AGREEMENT: Councilman Stephenson offered Resolution No. 70R-546 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AN AME~NT TO THAT CERTAIN AGREE~NT BETWEEN THE CITY OF ANAHEIM AND HAROLD WATTS, DATED MAY 15, 1970, AND AUTHORIZlNG AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SUCH AMENDMENT. Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-546 duly passed and adoptad. RESOLUTION NO. 70R-547: Councilman Dutton offered Resolution No. 70R-547 for adop- tion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHOR- IZING THE EXECUTION OF UTILITIES AGREEMENT NO. 7ut-2810 WITH THE STATE OF CALIFORNIA. (Proposed Route 57 Freeway - North side of Ball Road) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-547 duly passed and adopted. MINI-BIKEPARK: Parks and Recreation Director John Collier, displayed a schematic concept of a proposed joint Orange County-Anaheim Cycle Park, tentatively named "Upson' Downs," to be located in an area bounded in general by the Riv- erside Freeway, Newkirk Road, and the Santa Aha River, presently designated as a Mechanical Park (model airplanes and automobiles, and other activities involving a certain amount of noise), on the Orange County Master Plan. Mr. Collier stated there presently are approximately 10,000 off- road bikes in Anaheim and over 100,000 in Orange County, mDd that Orange County has indicated a willingness to enter into this program on a joint basis with Anaheim at an estimated total cost of S40,000.00 for development. He added that Anaheim has been approached by several parties, two of which were fairly large organizations, who may be interested on a concession basis, where they actually would do the developing. Mr. Collier advised that the Parks Department was scheduled to make a presentation of the proposed project to the Orange County Board of Super- visors on November 17, 1970. 70-622 Cit~.Hall~ Anaheim, California.- COUNCIL MINDTES - Nove~mber ~10, 1970, 1:30 P.M. In reply to Councilman Clark, Mr. Collier advised that present plans are to hold a "noise test" in the area-on Saturday, November 14, 1970, at 1:30 P.M., where 200 cyclists would be invited to use the area to determine if the activity affected residents south of the River. The City Manager stated that unless such a project could be financed completely by concessionaires, Anaheim could not participate without 'action on addition sources of revenue; that plans are to discuss with County Officials the possibility of Anaheim participating on a no- financial-commitment basis, although recognizing there may, at some sub- sequent point, be some requirement for some financial participation. On motion by Councilman Stephenson, seconded by Councilman Dutton, the Council expressed agreement with the concept cf the pro- posed Cycle Park, on the condition that the concessionaires stand all of the expense, and approved the basic idea for presentation to the Orange County Board of Supervisors. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Pebley, seconded by Councilman Stephenson: a. Minutes - Orange County Mosquito Abatement District - Oc- tober 15, 1970. b. Memorandum - State Department of Public Health - Rabies Advisory Committee meeting. c. Ordinance - City of Bowie, Maryland - Prohibiting the sale of certain non-returnable or disposable beverage containers within the City. MOTION CARRIED. ORDINANCE NO. 2866: Councilman Thom offered Ordinance No. 2866 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM A/~NDING TITLE 17, CHAPTER 17.08, -~-CTIONS 17.08.534, 17.08.535, AND 17.08.536 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH, FOR PARK AND RECREATIONAL LAND iN SUBDIVISIONS. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCII/~N: Clark, Stephenson, Pebley, Thom and Dutton None None The Nayor declared 9ed&nance No. 2866 duly passed and adopted. .ORDINANCE NO. 2867: Councilman Pebley offered Ordinance No. 2867 for adoption. Refer to Ordinance Book. AN ORDI1/A~CE OF THE CITY OF ANAHEIM~DING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67-68-98(2) - R-2-5,000) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCII2~N: ABSENT: COUI~II/~N: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 2867 duly passed and adopted. 0~D~CE NO.. 2866: Councilman Stephenson offered Ordinance No. 2868 for adoption. Refer to Ordinance Book. 70-623 City Hall, A_-_aheim, California- COUNCIL .M~.S- November 10, 1970, 1:30 P.M. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIFAL CODE RELATING TO ZONING. (69-70-51 - R-3) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: 'COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 2868 duly passed and adopted. ORDINANCE NO. 2869: Councilman Dutton offered Ordinance No. 2869 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIHAMENDING TITLE 18 OF THE ANAHEIHMUNICIPAL CODE RELATING TO ZONING. (69-70-54 - R-A~- Orange-Red Gum Annexation) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 2869 duly passed and adopted. ORDINANCE NO. 2870: Councilman Stephenson offered Ordinance No. 2870 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHELMMUNICIPAL CODE RELATING TO ZONING. (68-69-42 - R-2-5,000) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 2870 duly passed and adopted. ORDINANCE NO. 2871: Councilman Thom offered Ordinance No'. 2871 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIHMUNICIPAL CODE RELATING TO ZONING. (69-70-61 - R-3) ORDINANCE NO. 2872; Councilman Thom offered Ordinance No. 2872 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIH AMENDING TITLE 18 OF T~E ANAHEIH HUNICIPAL CODE RELATING TO ZONING. (63-64-62(7) and (10) - R-3) RESOLUTION NO. 70R-548 - S!mPLUS M~_LITARY ALRC~AFT FOR FIRE-FIGHTING; Councilman Stephenson offered Resolution No. 70R-548 for adoption. Refer to Resolution Book. A RESOLUTION oF THE CITY COUNCIL OF TIlE CITY OF ANAHEIM, CALIFORNIA, REQUEST- ING THE LEAGUE OF CALIFORNIA CITIES AND THE P~MBER CITIES THEREOF AND THE STATE AND NATIONAL LEGISLATORS TO A~PROVE THE PROGRAM OFUTILIZING SURPLUS MILITARY AIRCRAFT IN FIGHTING FOREST FIRES. Roll Call Vote: AYES: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton NOES: COUNCII2~N: None ABSENT: COUNCILNBN: None The Mayor declared Resolution No. 70R-548 duly passed and adopted. 70-624 F _City ~11, ~_ _~_etm_, California _-_ COUNCIL MINUTES -..No.v. ember .10~ 1970:1:30 P.M. .RESOLUTION N0. 70R-549. - ORANGE FREEWAY lANDSCAPINg: Councilman Clark offered Resolution No. 70R-549 for adoption'.' Refer to Resolution Book. A RESOLtfflON OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE STATE OF CALIFORNIA, DEpARTmeNT OF PUBLIC WORKS, TO PROCEED I~EDIATELY WITH IrLANNING, DESIGN, AND INSTA?.TATION OF LANDSCAPING ALONG THE ROUTE OF THE ORANGE FREEWAY. P°ll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNC ILM~.N: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-549 duly passed and adopted. DA~A pROCESSING WARRANTS: Upon report and recommendation of the Finance Direc- tor, Councilman Clark moved that Security Pacific National Bank be desig- nated the data processing bank, effective April 1, 1971, at the same time the General Active Account is placed in that bank. Councilman Stephenson seconded the motion. MOTION CARRIED. CONVE~TION CENTER CONCERTS: The City Manager advised that investigation of the disturbance at the Convention Center at the time of a Rock Concert presen- tation on NoVember 1, 1970, has indicated the advisability of increasing security forces for similar activities at the expense of the promotor, and beginning those security services two hours before show time to eliminate the possibility of undue congregation at entrances; these additional secur- ity forces also would be used to attempt to prevent parking of automobiles on lots of business establishments in the area. Hr. ~rdoch stated it was believed these proposed procedures would all°w such rock concerts to be presented with a reasonable chance of success. In answer to Councilman~Clark, Hr. Murdoch advised that no addi- tional bookings wtll be confirmed until those already confirmed have been held and the proposed new procedures prove a successful means of maintain- ing order. He added that presently concerts are scheduled for December 4, 1970, and April 10, 1971, with two additional concerts featuring Engelbert Humperdinkand Sergio Mendez, which are not considered the type to attract disruptive elements. " Discussion revealed that 25 security personnel will be employed for the December 4th concert, and that the Police Department will have the responsibility of determining the number of official security persons and "Blue Coat" personnel needed for each activity. Regarding nnltual aid activities, Mr. Murdoch advised that each city involved in a mutual aid situation pays its own expenses, and that thus far, Anaheim has called for mutual aid only for the November 1st Rock Concert, the Disneyland "YtpPte" disturbance, an airplane crash, and a train wreck. Mayor Dutton asked if anyone wished to address the Council. Richard St. Johns, President, Filmways, Inc., promotor of the November 1, 1970 Rock Concert at which there was a disturbance, stated that the November 1st co~otion was the first such happening in the approximately 150 such events they had sponsored, and it was unfortunate that one such 70- 6 25 City aa~, An~hei~ California ~ COtFNCILMINUTBS" November lO, 1970t 1:30 P.M. occurence could cause consideration for prohibiting all such events. He offered his services and that of his staff to participate in Police Department discussions on handling of similar concerts. Mr. St. Johns expressed the opinion that focusing by public discus- sion the forthcoming December 4th concert as a test event, could very.iikelY induce undesirable elements to attempt to create a disturbance, and added that it was-to be'expected that the 180 youths holding tickets for the November 1st event who could not gain admittance because of the crowd would be upset. Lou Robbins, a partner in the firm of Sightand Sound, Beverly Hills, stated their experience has been the youth of Anahetm have been about the best behaved at their events, and he did not feel one disturbance caused by outsid- ers should be used as a criteria in determining whether similar events should be allowed. By general Council consent, it was decided to proceed with increas- ing security forces at all similar events to a number to be set by the Police Department, to begin security services two hours before scheduled events, and to use those forces also in attempting to prevent parking in areabusiness lots when events arescheduled, all at the expense of the promoters, before making a final determination on whether to allow rock concerts to continue to be scheduled. RESOLUTION NO. 70R-550: Councilman Clark offered Resolution No. 70R-550 for adop- tion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF TH~ CITY OF ANAflEIM AMENDING RESOLUTION BIO. 70R-472 AND ESTABLISHING A NEW JOB CLASSIFICATION AND RATE OF COMPENSA- TION. (Facility Attendant - $2.52 per hour) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILM~N: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and DUtton No~ None The Mayor declared Resolution No. 70R-550 duly passed and adopted. RESOLUTtO~ NO, 70R-551 - GOLF COURSE GREEN FEES: Councilman Dutton offered Reso- lucia No. 70R-551 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAMEIMESTABLISHING 6P, EE~ I~ES TO BE CflARG~D AT TH~ ANAH~IMMUNICIPAL GOLF COURSE, AND REPEALING RESOLI~EIONN0. 69~-300. Roll Call Vote: AYES: COUNCILNEN: Clark, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILM~N: None The Mayor declared Resolutioa No. 70R-551 duly passed and adopted. RETROACTIV~ RATE CP. EDIT- ~ INSURANCE CONPANY: Upon recomendation of the City Manager, Councilman Thom moved disPersal of the $2,201.00 Retroactive Rate Credit from Aetna Insurance Company be as follows: 1.' Approximately $1,807.00 be used to pay the November, 1970 in- surance premiums for all current Aetna group insurance policy holders. 70-626 City Hall. Auahelm, California- COV~CIL M_~_r~TES .-. Nov~er 10, .1970,. 1':30 .P~M. 2. The remaintn~ $394.00 be placed in a special account un- .til another rate credit is received from the Aetna Insurance Company at so~e future date. Councilman Stephenson seconded the motion. MOTION CARRIED. SETT~NT - UTILITy ACCOUNT: The City Attorney advised that a utility bill totaltn$ $3,221.83 presently was outstanding against an industrial £irm that had declared bankruptcy; however, one si the parties o£ that firm personally had guaranteed payment. On reconmmndation of the City Attorney, Councilman Clark moved a 2/3 settlement of the account, or $2,147.00, be authorized. Counil- man Ste~henson seconded the motion. ~0TION CARRIED. NATIONAL T~&~UE OF CITIES CONFEreE: The City Clerk reminded the Council of the National League of Cities Conference to be held in Atlanta, Deorgia, December 7 - 11, 1970. Nayor Button indicated his intention to attend. PERK~SSION TO.T~&VE THE STATE - HAYOR .DUTTON: On motion by Councilman Stephen- son, seconded by Councilman Pebley, l/ayor Button was granted permission to leave the State for 90 days. HOTION CARRIED. CAI~Y(~AREA INSPECTION:. In view of the decisiOn to meet on the morning iof v~er 24, 1970, to discuss possible additional sources of revenue, Decem- ber 1, 1970, at 10:00 A.M. was suggested as a possible date for'a physical inspection of the Santa Aha Canyon. ADSO~NT: Councilman Thom moved to adjourn. Councilman Pebley seconded the motion. HOTION CARRIED. AILIOURNED: 5:30 P.H. City Clerk