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1970/12/2970-727 City Hall. Anaheim, California - cOUNC%L MI]~ - ~ce~er 22, 197O, 1:30 P.M. ~ ~: ~e City Council returned to the Council Chmmhers, all me, ers be~ present. No actton taken. ADJOin: Councllm~ Clark moved to adjourn. Councll~n Pebley second~ the ~tion. ~ION ~IED. ~ ~~D: 5:05 P.M. C~ty Clerk .~A.i~. ~]all~ ~laheim, California - COUNCIL MINUTES - December 29, 1970, 1:~0 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: AB SENT: PRESENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton COUNCILMEN: None CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph Bo Geisler CITY CLERK: Dene M. Williams ASSISTANT CITY ENGINEER: Ralph O. Pease ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton Called the meeting to order. FLAG SALUTE: Councilman William J. Thom led the Assembly in the Pledge of Allegiance to the Flag. MINUTES: Minutes of the Anaheim City Council meetings held on December 1 and 8, 1970, were approved on motion by Councilman Pebley, 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 reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Stephenson seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $115,465.11, in accordance with the 1970-71 Budget, were approved. CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 70-71-7 AND VARIANCE NO. 2195 (GENERAL PLAN AMENDMENT NO. 121): Submitted by John R. and George W. Ehrle, re- questing a change of zone from R-A to R-3, to develop a 280-unit apartment complex on property located at the northwest corner of State College Boule- vard and Romneya Drive, with waivers of: a. Maximum building height within 150 feet of R-A zoned property. b. Minimum distance between buildings. c. Minimum required floor area. 70-728 City Hall, Anaheim, California - COUNCIL MINUTES - December 29, 1970, 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC70-201, recormnended disapproval of said reclassification, and pursuant to Resolu- tion No. PC70-202, denied said variance. Public hearing was held December 15, 1970, and continued to this date to allow Planning Commission review of revised plans. Zoning Supervisor Charles Roberts noted the location of subject property, the existing uses and zoning in the immediate area, and briefed the evidence submitted .to and considered by the City Planning Commission. He pointed out that the Commission's primary objection to the proposed de- velopment had been the failure to provide a 20-foot landscaped strip along the west and north property lines; that revised plans did include land- scaped strips for the protection of the adjacent R-1 zoned properties. He further reported on Planning Commission review of said revised plans on De- cember 28, 1970, advising that the Commission determined that the plans did meet the criteria they requested to provide necessary buffering and protec- tion, felt to be a prerequisite to approving any plans for subject property; further, that the development would have been approved by the Commission if the revised plans had been presented earlier. Mayor Dutton asked if the Applicants or their representative had anything further to add. Mr. Jack Davis, Authorized Agent, advised he would answer any questions the Council might have. The Mayor asked if anyone had opposition to present at this time. Mr. Robert Godwin, 1900 East Rosewood Avenue, adjacent to subject property, was of the opinion that the revised plans resolved one question by the addition of landscaped buffering, however, they, as property owners, felt it inappropriate to permit development of 280 units in an R-1 area, which would be approximately seven times the density of the nearby homes. He objected to the increased-traffic caused by such a project and noted the rezoning action would double the value of the land. Mr. Godwin stated that property owners in opposition felt that there was no need for additional apartment units in the City; that an R-2 development would have been more acceptable. Mayor Dutton asked if anyone else wished to address the City Coun- cil; there being no response, declared the hearing closed. P~SOLUT~ON NO. 70R-60.~; Councilman Dutton offered Resolution No. 70R-603 for adoption, authorizing preparation of necessary ordinance changing the zone as requested, subject to the following conditions: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 32 feet in width from the centerltne of the street along Romneya Drive and 53 feet in width from the centerline of the street along State College Boulevard, including a 15-foot radius property line re- turn, for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Ronmeya Drive and State College Boulevard, including preparation of improve- merit plans and installation of all improvements, such as curbs and gutters, sidewalks, street grading and paving, draimage facilities, or other appur- tenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; that street lighting facilities along Romneya Drive and state College Boulevard shall be installed as required by the Director of Public Utilities; that a bond in an amount and form satisfactory to the City of Anaheim shall beposted with the City to guarantee the installation of the above-mentioned requirements. 3. That the, owner(s) of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Romneya Drive and State Col- lege Boulevard for tree planting purposes. 70-729 City. ~all, Anaheim, California- COUNCIL MINUTES- December 29, 1970, 1:30 P.M. 4. That vehicular access rights, except at approved access points, to State College Voulevard and Romneya Drive shall be dedicated to the City of Anaheim, prior to the issuance of a building permit. 5. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 6. That fire hydrants shall be installed as required by the Chief of the Fire Department. 7. That a 6-foot masonry wall shall be constructed along the north and west property lines. 8. That subject property shall be served by underground utilities. 9. That a modified cul-de-sac shall be provided at Arbutus and Briarvale Avenues subject to the approval of the City Engineer. 10. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation tn-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the build- ing permit, is issued. 11. That drainage of subject property shall be disposed of in a man- ner that is satisfactory to the City Engineer. 12. That all air-conditioning facilities shall be properly shielded from view. 13. Prior to the introduction of an ordinance rezoning subject pro- perty, Condition Nos. 1, 2, and 3, above mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within 180 days, or such further time as the City Council may grant. 14. That Condition Nos. 5, 6, 7, 8, 9, 11, and 12, above mentioned, shall be complied with prior to final building and zoning inspections. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING~AND DETERMIN- ING THAT TITLE 18 OF THE ANAHEIM~3NICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (70-71-7 - R-3) Roll Call Vote: AYES: COUNCILMEN: Clark, Stepehenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 70R-603 duly passed and adopted. RESOLUTION NO. 70R-604; Councilman Dutton offered Resolution No. 70R-604 for adoption, grantin$ Variance No. 2195, subject to the follow,nE conditions: 1. That this variance is granted subject to the completion of Re- classification No. 70-71-7. 2. That subject property shall be developed substantially in ac- cordance with plans and specifications on file with the City of Anaheim, marked Exhibit No. 1, Revision No. 3, and Exhibit Nos. 2, 3, 4, and 5. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2195. Roll Call Vote: AYES: COUNCILMEN: NOES: COB'NC ILMEN: ABSENT: COUNCII/~N: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-604 duly passed and adopted. 70- 730 ,~City Hall, Anaheim, California - COUNCIL MINUTES - December 29, 1970, 1:30 P.M. CONTINUED.pUBLIC HEARING - VARIANCE NO. 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 Steer, and on the north by Cypress Street, with waiver of: a. Maxtmum buildtng height. The City Planning Commission, pursuant to Resolution No. PC70- 191, granted said variance, subject to the following conditions: 1. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, 3, and 4, provided, hoWever, if a 4th story is not to be constructed, revised plans shall be submitted to staff for ap- proval prior to the issuance of a building permit. 2. That this variance shall be in effect for a period of three years to allow time for its construction, and that at the end ofl.said three years if any additional time is necessary, a time extension equal to the original three years may be granted by the Planning Commission and/or City Council. Review of action taken by the Planning Commission was requested by the City Council at their meeting held November 10, 1970, ~and public hearing held December 15, 1970, at which time said hearing Was continued to this date, and application was referred to the Planning Commission for report and recommendation on the penthouse portion of the proposed build- ing addition. Zoning Supervisor Charles Roberts noted the location of subject property, the existing uses and zoning in the immediate area, and briefed the evidence submitted to and considered by the Planning Commission and the City Council. He reported on excerpt from meeting of the Planning Commission held December 28, 1970, wherein the Commission reconsidered plans for the microwave tower and advised the Council that the penthouse portion had been previously determined to be a part of the tower for the purpose of housing additional equipment only, and it was the intent of the Commission that the penthouse be included in the approval of plans for the tower, to include an 85-foot building height. In response to question of Mayor Dutton, Mr. Hal Marks, Pacific Telephone and Telegraph Company representative, made known his presence for the purpose of answering any questions. The Mayor asked if anyone else wished to address the City Coun- cil, for or against the proposed construction; there being no response, declared the hearing closed. RESOLUTION NO. 70R-605: Councilman Pebley offered ReSolution No. 70R-605 for adoption, granting Variance No. 2214, as reco~nended by the City Plan- ning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2214. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: AB SENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-605 duly passed and adop- 70-731 City Hall, Anaheim, California - COUNCIL MINUTES - December 29, 1970, 1:30 P.M. PUBLIC HEAR~ING - VARIANCE NO. 2218: Submitted by Grant O. Hood, to expand an ex- isting one-operator beauty salon, with commercial signing identifying the use on R-1 zoned property located on the east side of East Street, south of Santa Ana Street, further described as 506 South East Street, with waivers of: a. Permitted uses. b. Mtnimumnumber of required parking spaces. c. Maximum permitted sign area. The City Planning Commission, pursuant to Resolution No. PC70-207, denied said variance. Review of action taken by the City Planning Commission was requested by the City Council and public hearing scheduled this date. The City Clerk read letter of opposition received in her office this date from Kathryn and Ann Krebs, 526 South East Street, and John and Martha J. Fine, 532 South East Street. Zoning Supervisor Charles Roberts noted the location of subject pro- perty, 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 garage has been used as a on,operator beauty shop since 1959, under a Home Occupancy Permit; that the Planning Commission felt subject variance request to expand the use and install commercial signing was inappropriate for the residential area; and further, that representatives of the Petitioners had this date requested permission to withdraw their request for proposed ex- pansion and signing, and to continue the beauty salon operation in the same manner as it has been in the past. Councilman Dutton moved that the withdrawal of subject variance ap- plication be approved. Councilman Pebley seconded the motion. City Attorney Joseph B. Geisler noted the definition of "Home Occu- pation,'' according to the Anaheim Municipal Code, and advised that the beauty salon did not qualify as a Home Occupation, and was in fact a non-conforming use; that to continue the use, even without expansion, would require a var- iance. Council discussion was held, it being noted that some non-conforming beauty salons had been approved prior to annexation to the City, others were operating under variances. Mayor Dutton asked if anyone wished to address the City Council. Mr. Joe White, 809 West Broadway, noted the presence of Mrs. Hood, the owner, and advised that in 1959 the owners had the City's permission to convert a portion of their garage for a beauty salon use. The applicants now desire to continue the use as it presently exists, and withdraw requests to expand the shop and install signing. He noted that 7,000 vehicles pass the property each day. The Mayor asked if anyone else wished to address the City Council; there being no response, declared the hearing closed. Councilman Dutton withdrew his motion to grant permission to with- draw the variance request. Councilman Pebley withdrew his second. Following a statement by Councilman Stephenson expressing concern that the granting of subject variance might establish a precedent, the City Manager explained how the beauty salon in question was first permitted, that for a brief period of time the one-operator salon was an allowable use under the Home Occupation provision. RESOLUTION NO, 70R-606: On the recommendations of the City Attorney, Council- man Thom offered Resolution Na. 70R-606 for adoption, granting Variance No. 2218, Waivers a. and b., denying Waiver e, with the stipulation that the shop consist of one chair only, with no employees, and be operated by the owner or 70-732 City Hall, Na~ahetm, California - COUNCIL MINUTES - December 29, 1970, 1:30 P.M. occupant of the home; that there be no sign, and further subject to the fol- lowing conditions: 1. That an irrevocable offer of dedication for a strip of land 40 feet in width measured from the centerline of East Street, be executed for future street widening purposes. 2. That all air-conditioning facilities shall be properly shielded from view and the sound buffered from adjacent residences. 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. 2 and 3. 4. That Condition Nos. 1, 2, and 3, above mentioned, shall be complied with within 180 days, or such further time as the City Council may grant. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM~ING VARIANCE NO. 2218. Roll Call Vote: AYES: COUNCIL~N: Clark, Stephenson, Pebley, Thom and Dutton NOES: COUNCIL~N: None ABSENT: COUNCII/~N: None The Mayor declared Resolution No. 70R-606 duly passed and adopted. RESOLUTION OF CO~I~ENDATION: Mayor Dutton offered a Resolution of Commendation to Councilman Ralph B. Clark for his services as Councilman for the City of Ana- heim, and expressing best wishes during his tenure as Orange County Supervi- sor representing the 4th District. Said Resolution was read in full by the City Clerk, and, on behalf of the City Council, Mayor Dutton wished Councilman Clark success in his new office. Others addressing the City Council expressing congratulations and and best wishes were: Mr. Herb Leo, President of the Anaheim Visitor and Convention Bur- eau, presenting a plaque. Mr. Ron Lincoln, President of the Anaheim Chamber of Commerce, pre- senting a Certificate in recognition of his past services, from the Anaheim Chamber of Commerce. Mr. Bob Hostetter, of the Kiwanis Club, presenting a framed photo- graph of Councilman Clark. Mr. A1Tolar, President of the Anaheim Board of Realtors, present- ing an engraved silver tray. Supervisor-elect Clark accepted the mementos with appreciation and pledged to make every effort to effect closer cooperation between the Board of Supervisors and the cities of Orange County, and to represent his home city to the best of his ability. He thereupon introduced ~his wife, Beverly, and expressed his appre- ciation to her for her support and encouragement. Also introduced was Mr. Barry Marks, who will serve Mr. Clark as an aide. RECESS; Councilman Pebleymoved to Recess. Councilman Thom seconded the motion. MOTION CARRIED. (2:40 P.M.). During Recess, cake and coffee were served in honor of Mr. Clark. AFTER RECESS: Mayor Dutton called the meeting to order. ~0B~I~ ~O~ PARKS - PLUMBING REQUIREMENTS: Communication dated November 27, 1970, from the State Department of Housing and Conmmnity Development was submitted, indicating that by specifying the type of plumbing installa- tion required as condition of a conditional use permit for a mobile home park, the Anaheim Planning Commission appeared to have acted beyond the 70-733 City Hall, Anaheim, California - COUNCIL MINUTES - Decmmber 29, 1970, 1:30 P.M. scope of their authority, and referring to Section 18300 and 18302 of the State Health and Safety Code; and further requesting that the matter be brought to the attention of the City Planning Commission and City Council. Assistant Director of Development Services Ronald Thompson briefed memorandum report dated December 15, 1970, from the Development Services De- partment, advising of discussions by the Staff and the City Attorney of the matter, and setting forth excerpts from said Section 18300 of the State Health and Safety Code, indicating that the local a~ency does have authority to adopt regulations concerning such mobile home parks. Also referred to was Article 5 of Title 25 of the Housing and Co~uunity Development Code, concerning plumb- ing equipment and installation in mobile home parks. On the recommendation of the Development Services Department, Coun- cilman Stephenson moved that the City Attorney be instructed to prepare a let- ter to the Department of Housing and Community Development, indicating that the City will continue to exercise its prerogative of establishing such con- ditions as it feels necessary to insure that mobile home developments within the City will not be detrimental to the public health, safety and general wel- fare, or create enforcement problems that may ultimately require additional City personnel. Councilman Dutton seconded the motion. MOTION CARRIED. PRIVATE PATROL PERMIT - CALIFORNIA PLANT PROTECTION, INC.: Application for private patrol permit, submitted by California Plant Protection, Inc., for security guard services throughout the City of Anaheim, was submitted and granted sub- ject to provisions of Chapter 4.60 of the Anaheim Municipal Code, as recom- mended by the Chief of Police, on motion by Councilman Pebley, seconded by Councilman Clark. MOTION CARRIED. PUBLIC DANCE PERMIT: Application filed by Barbara A. Hoisington on behalf of the Mothers' Guild of St. Boniface School, for permit to conduct public dance New Year's Eve, December 31, 1970, at St. Boniface School Hall, together with re- quest to refund permit fee on the basis that the organization is non-profit and church-related, was submitted. Councilman Stephenson moved that public dance permit be granted, subject to provisions of Chapter 4.16 of the Anaheim Municipal Code, as recom- mended by the Chief of Police, and further moved that the $25.00 permit fee be refunded. Councilman Thom seconded the motion. Roll Call Vote was requested: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Pebley and Thom Clark and Dutton None MOTION CARRIED. DINNER DAI~CING PLACE PERMIT: Application filed by Betty Gean Copping, for dinner dancing place permit to allow dancing 6 days per week, from 9:00 P.M. to 1:00 A.M., at Gean's Inn, 1029-31 North Magnolia Avenue, was submitted and granted, subject to provisions of Chapter 4.16 of the Anahetm Manicipal Code, as recom- mended by the Chief of Police, on motion by Councilman Dutton, seconded by Councilman Clark. MOTION CARRIED. SIDEWALK WAIVER - ROYAL COACH INN: Temporary waiver of sidewalks for West Street and Ox Road, fronting property bounded by West Street, Santa Aha Freeway, Ox Road, and Ball Road, was granted by the City Council, May 13, 1969. Report of City Engineer, dated December 14, 1970 was sul~nitted, recommending that the temporary sidewalk waiver for West Street and Ox Road, fronting the developed portion of subject property be rescinded. On motion by Councilman Clark, seconded by Councilman Thom, tempor- ary waiver of sidewalks for West Street, from Ball Road to ~he south side of the driveway approximately 670 feet north of Ball Road, and for Ox Road, from 70-734 City Hall, Anaheim~ California - COUNCIL MINUTES - December 29t 1970, 1:30 P.M. Ball Road to the south side of the driveway approximately 210 feet north of Ball Road was rescinded, as recou~nended by the City Engineer. MOTION CARRIED. RECLASSIFICATION NO. 70-71-13, CONDITIONAL USE PERMIT NO. !202, AND TENTATIVE TRACT NO. 7288: The City Council, at their meeting held December 8, 1970, au- thorized the City Clerk to set rehearing of subject applications before the City Council, subject to the payment of $50.00 fee, upon receipt of reco-~,endations from the City Planning Co~mnission concerning revised plans. The City Clerk reported that Mr. Harry Knisely, Attorney for the Applicants, has verbally requested that if rehearing before the Council is approved, it b~ scheduled January 19, 1971, 7:30 P.M. The City Council indicated no objections to the foregoing request. 9~SOLUTION NO. 70R-607 - AWARD OF WORK ORDER NO. 609-B: In accordance with recom- mendations of the City Engineer, Councilman Clark offered Resolution No. 70R- 607 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT: THE CERRITOS AVENUE STREET IMPROVEMENT, FROM APPROXIMATELY 1,400 FEET EAST OF TO 150 FEET EAST OF EUCLID STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 609-B. (John B. Ewles, Inc. - $26,219.75) Roll Call Vote: AYES: NOES: AB SENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton COUNCILMEN: None COUNCILMEN: None The Mayor declared Resolution No. 70R-607 duly passed and adopted. RESOLUTION NO. 70R-608 - WORK ORDER NO. 573: Upon receipt of certification from the Director of Public Works, Councilman Pebley offered Resolution No. 70R- 608 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 NUTWOOD STREET, FROM APPROXIMATELY 1,300 FEET SOUTH OF CERRITOS AVENUE TO APPROXI- MATELY 1,500 FEET SOUTH THEREOF, IN THE CITY OF ANAHEIM, WORK ORDER NO. 573. (Universal Asphalt Co., Inc.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: AB SENT: COUNC II/~gN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-608 duly passed and adopted. PROPOSED SA?R OF CITY-OWNED PI~OPERTY: Pursuant to notification by WilliamW. Hughes, of S.D.C., Inc., that. offer to purchase City-owned property lo- cated on the west side of Magnolia Avemue, south of Ball Road, was being w~thdrawn, and on the. recommendations of the City Attorney, Councilman Clark moved that the City's offer to sell said property be withdrawn. Councilman Thom seconded the motion. MOTION CARRIED. 70- 735 City Hall, Anaheim, California - COUNCIL MINUTES - December 29, 1970, 1:30 P.M. REPORT - SANITARY SEWER STUDY: Assistant City Engineer, Ralph O. Pease, called at- tention to brochure prepared by the Public Works Department, entitled "Sanitary Sewer Study," of the area bounded by Jefferson Street, Weir Canyon Road, Esper- anza Road, and the Santa Aha River, dated December 24, 1970, (copies furnished each Councilman.) Mr. William Devitt, Civil Engineer in charge of design, reported on the study, reporting that City facilities are inadequate and will not accom- modate the pending and projected development in the area. He noted the recom- mendations set forth as a result of the study. RESOLUTION NO. 70R-609: On the recommendations of the Public Works Department and City Engineer, Councilman Clark offered Resolution No. 70R-609 for adoption, requesting Orange County Sanitary District No. 2 to construct the North Santa Ama River Trunk Line from Jefferson Street to Weir Canyon Road, prior to Janu- ary 1, 1974. Refer tm Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE CON- STRUCTION OF A TRUNK SEWER ALONG THE NORTH SIDE OF THE SANTA ANA RIVER. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-609 duly passed and adopted. CLAIMS AGAINST THE CITY: The following claims against the City were.denied, as recomended by the City Attorney, and ordered referred to the insurance car- rier on motion by Councilman Pebley, seconded by Councilman Stephenson: a. Claim filed by George Kingsley, Attorney, Mink and Neiman, Inc., on behalf of Kimberly Kready, for personal injuries purportedly resulting from a defective area of sidewalk, sustained on or about 06tober 17, 1970. b. Claim submitted by Peter Zonnes, for personal injuries purpor- tedly resulting from fall over a chain on a public sidewalk, sustained on or about November 11, 1970. c. Claim filed by John W. Popka, Jr., Allstate Insurance Casualty Claims Supervisor, on behalf of J.H. Feeney, for personal property damages purportedly resulting from auto accident caused by malfunction of traffic signals, sustained on or about August 31, 1970. d. Claim filed by Charles Garrity, Attorney, on behalf, of Edward Wenski, for personal injuries purportedly resulting from negligent construc- tion and maintenance of electrical wires, sustained on or about September 22, 1970. e. Claim submitted by F.M. Tarbell Company, Realtors, for personal property dm~ge purportedly resulting from a power failure and voltage drop. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed on mo- tion by Councilman Thom, seconded by Councilman Pebley: a. City of Yorba Linda - Resolution No. 253 - Requesting the Public Utilities Commission to provide direct aerial route from the Orange County Air- port to Sacramento. b. City of Westminster - Resolution No. 1269 - Requesting action to stop the flood of smut and obscenity in our country and state. c. City of Culver City - Resolution No. CS-6492 - Urging the Los Angeles County Division of the League of California Cities to investigate and schedule a full and comprehensive investigation and report as to the present advisability'of the Los Angeles Basin Cities attempting to work out a mutual assurance program for the purpose of providing the necessary insurance cover- age in all or part of the fields of municipal liability. 70-736 Cit7 Hall, Anaheim, California - COUNCIL MINUTES - December 29, 1970, 1:30 P.M. d. City of Downey - Resolution No. 2494 - Requesting the Congress of the United States to support passage of the Conference Comnittee Report calling for continued funding of the Supersonic Transport Program during the current fiscal year. e. City of Stanton - Resolution No. 948 - Urging that Southern California Agency of Governments (SCAG) consider the adoption of a policy to oppose any bill on a state or federal level which does not involve local government in the decision-making process regarding the orderly physical de- velopment of a region. f. City of Newport Beach - Resolution No. 7323 - Expressing its concern over the inhumane treatment being given American Prisoners of War held by the government of North Vietnam, and urging the citizens of Newport Beach to request the government of North Vietnam to comply with civilized standards for treatment of American Prisoners of War as expressed in the Geneva Conventions. g. Before the Public Utilities Comission - Application of Sou- thern California Gas Company for authority to revise its tariffs for natu- ral gas service to offset increases in expenses Caused by net increases in the price of natural gas from its suppliers. h. Community Center Authority - Minutes - December 7, 1970. i. Orange County Mosquito Abatement District - Minutes - November 19, 1970. 1970. J. 1970 Orange County Grand Jury Report on Planning - December 8, k. 1970 Orange County Grand Jury Report on Orange County Sheriff's Office - December 9, 1970. 1. 1970 Orange County Grand Jury Report on Communications - Decem- ber 9, 1970. MOTION CARRIED. ORDINANCE NO. 2891: Councilman Thom offered Ordinance No. 2891 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICI- PAL CODE RELATING TO ZONING. (69-70-18 - R-3, C-1 and R-A) Roll Call Vote: AYES: COUNCII2~N: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 2891 duly passed and adopted. ORDINANCE NO. 2892: Councilman Clark offered Ordinance No. 2892 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM~ING TITLE 18 OF THE ANAHEIM MUNICI- PAL CODE RELATING TO ZONING. (66-67-61(43) - C-R) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: AB SENT: COUNCIL~N: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 2892 duly passed and adopted. ORDINANCE NO. 2893: Councilman Stephenson offered Ordinance No. 2893 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM~/NICI- PAL CODE RELATING TO.ZONING. (70-71-9 - R-3) 70-737 City Hall, Anaheim, California - COUNCIL MINUTES - December 29, 1970, 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 2893 duly passed and adopted. ORDINANCE NO. 2894: Councilman Pebley offered Ordinance No. 2894 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-6 - R-3) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: AB SENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 2894 duly passed and adopted. ORDINANCE NO. 2895: Councilman Thom offered Ordinance No. 2895 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM P~JNICIPAL CODE RELATING TO ZONING. (69-70-55(1) - M-I) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 2895 duly passed and adopted. ORDINANCE NO. 2896: Councilman Stephenson offered Ordinance No. 2896 for first reading. AN ORDINANCE OF THE CITY OFANAHEIMAMENDING TITLE 17, CHAPTER 17.08, SECTIONS 17.08.554, 17.08.555, AND 17.08.556 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH, FOR PARK AND RECREATIONAL LAND IN TRAILER PARKS AND RESIDENTIAL AREAS NOT INCLUDED IN SUBDIVISION (R-O, R-I, R-2, AND R-3). ORDINANCE NO. 2S97: lng. Councilman Clark offered Ordinance No. 2897 for first read- AN OP, DINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, S~CTION 14.32.190 OF THE ANAHEIM~/NICIPAL CODE, RELATING TO PARKING. (No Parking at Any Time - Streets Designated - Lincoln Avenue, vicinity of Rio Vista Street, Sunkist Street, State College Boulevard, Cliffrose Street, Euclid Street, and Brookhurst Street.) ORDINANCE NO. 2898: Councilman Stephenson offered Ordinance No. 2898 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.40, SECTION 14.40.040 OF THE ANAHEIM MUNICIPAL CODE, REALTING TO SPEED LIMITS. (Twenty- five Miles Per Hour - Streets - Crescent Drive, between Santa Ana Canyon Road and Royal Oak Road.) ORDINANCE NO. 2899: Councilman Clark offered Ordinance No. 2899 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-39(1) - M-l) 70- 738 CltT. Hall, Anaheim, Califor_-i_a- COUNCIL MINUTES- December 29, 1970, 1:30 P.M. ORD~IANCE NO, 2900: Councilman Thom offered Ordinance No. 2900 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 8, CHAPTER 8.08 BY ADDING SECTION 8.08.080 TO THE ANAHEIM HONICIPAL CODE RELATING TO DOGS AND OTHER~ DO~STIC ANIMALS. (Adopting by Reference County of Orange Ordinance Nos. 2385 and 2417). ORDINANCE NO. 2901: Councilman Pebley offered Ordinance No. 2901 for first read- 'lng. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM ~NICIPAL CODE RELATING TO ZONING. (68-69-28 - R-2-5,000 - Tract 4476) RESOLUTION NO. 70R-610: Councilman Thom offered Resolution No. 70R-610 for adop- tion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK TO E~CUTE ON BEHALF OF THE CITY THAT LOCAL AGENCY-STATE TOPICS AGREEMENT RELATING TO THE "TOPICS STUDY." (Traffic Operations Program to Increase Capacity and Safety.) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton COUNCILMEN: None COUNC I~HEN: None The Mayor declared Resolution No. 70R-610 duly passed and adopted. DOWNTOWN. REDEVELOPMENT TASK FORCE: The City Clerk read in full two resolutions, one from the Downtown Redevelopment Task Force - Anaheim Ch~mb_er of Commerce, the other from the Board of Directors, Anaheim Board of Realtors; both reso- lutions urging immediate commitment of the City to urban renewal by any avail- able methods, immediate creation of a separate Urban Renewal Authority under existing laws, and immediate appointment of Board members thereto. The Realty Beard resolution added the stipulation, "without the use of Federal Funds." Reference was made to the fact that virtually the samerequest was before the City Council November 10, 1970 (pg. 70-616), at which time the Chamber of Commerce was authorized to organize a committee for the development of a conceptional plan and priorities for progress of city center development, on condition that the existing Urban Renewal Advisory Comnittee be made a part of the new committee, if they desire. Chamber of Commerce President Ron Lincoln, at the invitation of the Mayor, addressed the City Council calling attention to the names of the "blue ribbon" task force committee members as set forth in the resolution presented. He explained that the committee, prior to spending more time on a plan with an ultimate recommendation, was requesting a commitment from the City of Anaheim. Minutes of the Anaheim City CounCil meeting held November 10, 1970, page 70-616, with reference to the subject, were read by the City Clerk. Mr. George Doherty, 553 Falrhaven, Chairman of the Downtown Redevel- opment Task Force Co~nittee and also Chairman of the Chm,her of Commerce's City Center Redevelopment Committee, addressed the Council advising that the Task Force Committee, appointed with the permission of the City Council, in- cluded all five members of the Urban Renewal Advisory Committee. He submit- ted for the record a copy of the .resolution submitted this date, said'copy being purportedly signed by approximately 25 merchants in the downtown area. He was of the opinion that regardless of the financial method used, the State law provides for a City Council to appoint a redevelopment agency to oversee such a project, which would provide a non-political study to be made and would allow the City Council to be objective in its analysis. 70- 739 City Hall, Anaheim, California - COUNCIL MINUTES - December 29, 1970, 1:30 P.M. At this time, Mr. Doherty gave a slide presentation illustrating certain depressed areas of the downtown district. He pointed out that because of the unique position of this City, and because of the Dtsneyland complex, Anaheim is ideal for a successful urban renewal project, and expressed the hope that an unusual and exciting shopping area be established downtown to attract tourist and local trade. Noting that several merchants from the downtown district were in the Council Chamber, Mayor Dutton asked how many were owners of the proper- ties. Two responded, and Mr. Doherty reminded the Council that one very ac- tive member of the Task Force Committee, Mrs. Ulvestad, owner of approximately one block in the downtown area, had recently passed away. Councilman Thom moved that the City Council take action as outlined in the Chamber of Commerce resolution presented this date. Councilman Clark seconded the motion. Discussion was held by the City Council, and Councilman Dutton was of the opinion that said recommendations were motivated by the Chamber of Commerce and business people in the area who do not own the property, with the exception of the two property owners present. He noted also that the slides omitted pictures of improvements made in this general area and felt urban redevelopment would force property owners to do something they appar- ently do not want to do. He stated it was his understanding that an Urban Redevelopment Agency would have full authority, and as an elected official, he would not delegate his authority as Councilman to anyone not resPonsible to the electorate. Mr. Ken Cotler,.one of the downtown property owners present, ad- dressed the'City Council, being of the opinion that the problem in the center city is not that it is ugly, but that it has the potential to generate a busi- ness volume it is not receiving and to produce the tax dollar that is now mis- sing. There are other problems, such as traffic, etc. He stated that they did not want people wasting their money remodeling their buildings when if it was done together at one time there would be a greater return on their investments. Mr. Cotler further advised that business in the downtown area has deteriorated to the point where they are'being operated by one and two people and they cannot leave their places of business to even attend this meeting. He stated they were not asking the Council to relinquish their responsibility or authority, but to approve a committee to investigate and determine the wishes of the merchants, businessmen and property owners and what they are willing to do. He felt that the longer things were allowed to continue as they were, the more responsible business people and interested property owners would suffer. Councilman Dutton noted that the majority of businessmen and mer- chants were not the owners of property in the downtown district; when econo- mies drop to a certain point, then these people who are interested in their own problems will do something about it; these are the people who would bene- fit from the proposed redevelopment. He did not believe that any governmental agency had the right to 'dictate what property owners must do about their buil- dings or how they should run their businesses, nor should the entire City be obligated to a redevelopment program to the benefit of any one given area or group of people. Councilman Clark asked why not proceed as recommended, if ultimate action is to be taken at the City Council level only, and requested an inter- pretation from the City Attorney on powers which an Urban Redevelopment Agency would have. 70-7~0 City Hall, Anaheim,.California - COUNCIL MINUTES - December 29, 1970, 1:30 P.M. Mr. Doherty advised that State law requires and demands that on each of the thirty-five steps in urban' renewal procedure the City Council makes the final decision; none of the Council's powers are usurped; This was reported to the City Council by the H.U.D. officials and Mr. Pollard at the meeting previously held. Mr. Geisler reported that his interpretation differs from that of Mr. Doherty; however, it has been some time since he has checked into the matter. At the time the City Council named themselves the Urban Re- newal Agency, as a separate agency, they assumed the power of eminent do- main, the power to negotiate with the Federal Government for urban renewal funds and the power to proceed. The Council per se had only certain ap- proval rights as the program proceeded. As far as the power was concerned, it was vested in a separate and distinct agency which had full power to proceed. Mr. Geisler further explained that this situation may have since changed, but at that time the Council appointed an Advisory Committee who proceeded, and the plan went forward until such time as the plan presented required Federal funds. The City Council at that time determined they did not wish to apply for federal funding. Councilman Stephenson noted that at the meeting referred to it had'been his understanding that the requested appointment would remove the power froTM the City Council, and as a result the Council members and other interested parties agreed the task force committee's function would be to investigate and recommend a plan to the City Council. Councilman Dutton reported that his understanding was the same as Councilman Stephenson's. That once this agency is appointed, the City is committed and the authority is then vested in the appointed group. Mr. Doherty was of the opinion that the power of the City Council would not be usurped if the agency was appointed, and offered to furnish the City Council and City Attorney copies of the rules and regulations pre- sented at the previous meeting. He noted that those on the committee were experienced professional people who have been studying the issue for a ten- year period, and the time had come to proceed to the next step. Councilman Pebley stated he would be more amenable towards con- sidering the appointment of an agency if the land owners were in agreement with the businessmen and indicate to the City Council what they were will- ing to do. Mr. Ben Cutter, owner of the building at 218 West Lincoln Avenue, addressed the Council advising that he had attended all the meetings on the subject; that he had been in contact with many of the property owners as well as businessmen, and it was his opinion that nearly everyone was in favor of redevelopment, but the major obstacle was financing. That complete revitalization of the downtown area could not be accomplished individually, but must be done as a cooperative project. Further, he was certain he per- sonally could obtain 60 to 70 percent of the property owners in agreement, if the City would make a commitment on a course of action. Mr. cUtter felt it was possible, as a result of the City taking a stand, that the banks and/or insurance companies might participate; that the use of Federal funds under an Urban Renewal Authority was being endor- sed Only if there was no other means available. Mr. Cotler again addressed the Council, advising that he had no doubt a majority of the property owners could reach an agreement if there was a plan, guaranteed to be adhered to, but the problem was "tying the package together" so that redevelopment could be accomplished. Councilman Stephenson expressed the opinion that the already- appointed task force committee could accomplish the same things that were being requested under an Urban Renewal Agency, and when the committee pre- sents a plan which is suitable and acceptable to the City Council, the 70- 741 City Hall, Anaheim, California- COUNCIL MINUTES - December 29, 1970, 1:30 p.M. necessary authority could then be delegated. He did not favor the appointment of an Urban Renewal Agency at this time if the authority is taken from the City Council. Councilman Pebley called attention to one of the downtown properties which had been placed on the market for sale during the past year, noting the price asked was $550,000.00 and the total income being realized at that time was $2,600.00 per month. He stated no one would invest that amount on that return. He asked if under urban redevelopment, and the building demolished, would $550,000.00 be paid for the property and if so, where would a develop- ment be found to justify the cost of the land? Councilman Pebley compared the location with others available at lesser cost. Mr. Cotler stated that once a master plan is established the pro- perty value and income will be based on the potential and not on the existing use. With reference to Councilman Stephenson's earlier question, Mr. Doherty was of the opinion that it was not the function of the task force committee to produce a comprehensive study or plan; monies must first be available to employ a professional organization whose function it would be to develop a comprehensive plan to be reviewed, edited, modified by additions or deletions by both the committee or agency and the City Council, prior to approval. Councilman Clark was of the opinion that the committee or agency must have some powers in order to accomplish what the City wants to do; that the subject request was the culmination of many plans and studies conducted during recent years. He further felt that the Council would agree if the City Attorney finds tha~ the City Council was the final authority and would make the decision before accepting State, Federal or private funds. Councilman Dutton suggested that the matter be continued to allow the City Attorney to check and report on current laws pertaining to powers vested in Urban Renewal Agencies. Mrs. Bernice Athy addressed the Council, advising she had been the owner of a dress shop located at 350 West Lincoln Avenue for over 23 years and, in her opinion, it was not necessarily downtown property owners who elected the City Council nor paid the salaries, it was the local business people and other citizens of this City. She urged that whatever steps are necessary be taken im- mediately in order to make necessary improvements in the area. Mr. Ed DeSure addressed the Council expressing the opinion that progress was being retarded by the defeatist attitude exhibited by the Council; that by remodeling his business as considerable cost, he had exhibited more faith in the downtown district than the City Council was showing. Councilman Clark noted the Council was attempting to avoid giving up their elected powers to allow an agency to negotiate for the complete re- vamping of the district by federal funds. Mr. Cutter reported that, in his opinion, most of those asking for this project were willing to cooperate with each other and the City as no one business could redevelop the area alone. With reference to motion previously made by Councilman Thom, Coun- cilman Clark withdrew his second, and recommended the matter be continued for an o~tnion from the City Attorney. Councilman Thom restated previous motion made that the City Council immediately create an Urban Renewal Authority and appoint members thereto. (Said motion died fo~ lack of a second.) On motion by Councilman Clark, seconded by Councilman Stephenson, request of the Anaheim Chamber of Commerce and the Anaheim Board of Realtors was continued two weeks (3anuary 12, 1971, 1:30 P.M.), and the City Attorney was instructed to investigate and report on the present laws governing the powers and authority of an Urban Renewal Agency. MOTION CARRIED. 70- 742 City Hall, Anaheim, California- COUNCIL MINUTES- Dec~ber 29, 1970, 1:30 P.M. City Manager Keith Murdoch pointed out that there are areas in the procedures established under the State Urban Renewal Act (forget- ting Federal Funding) where recommendations are made, or actions can be taken by an independent body or by the City Council where there is a degree of flexibility available, where the Council has authority to ap_ prove a plan or a set of actions, but within that set of actions, the independent body has the freedom to act; and he was of the opinion that the investigation by the City Attorney should be broad enough to deter- mine what that is, as the Council would undoubtedly want to know what actions would require Council approval on a broad scope, and the detailed actions that the Agency would have complete authority to implement with- out further action or approval of the City Council, and what those para- meters are. LIBRARY BOARD - JOINT MEETING: The City Manager noted that the Council had been requested to meet with the Library Board on January 18, 1971, at 7:30 P.M., in the Central Library Board Room. EXECUTIVE SESSION: Councilman Pebley moved to recess to executiVe session. Councilman Thom seconded the motion. MOTION CARRIED. (5:05 P.M.). AFTER RECESS: Councilman Pebleymoved to adjOurn. Councilman Thom seconded the motion. MOTION CARRIED. ADJOURNED: 5:45 P.M. City Cler~ III IJa~ [ .. I I