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1969/10/1469-620 C~ty Hall,_Anaheim, California - COUNCIL MINUTES - October 7~ 1969~ 1.30 PERMISSION TO LEAVE THE STATE - MAYOR CLARK: On motion by Councilman Pebley, seconded by Councilman Dut%on, Mayor Clark was granted permission to leave the State for a period of 90 days. MOTION CARRIED. PERMISSION TO LEAVE THE STATE - COUNCILMAN KREIN: On motion by Councilman Pebley, seconded by Councilman Dutton, Councilman Krein was granted permission to leave the State for a period of 90 days~ MOTION CARRIED. COMMENDATION - TOM LIEGLER' On motion by Councilman Schutte, seconded by Coun- cilman Krein, Mr Tom Liegler was commended on the efforts put forth in the recent successful Billy Graham Crusade. MOTION CARRIED. RECESS - EXECUTIVE SESSION' At the request of the City Manager, and on motion by Councilmmn Pebley, seconded by Councilman Schutte, the City Council r~- cessed to Executive Session for the purpose of receiving the City Manager's report on meetin8 and conferr~n8 sessions of the various employee organi- zations MOTION CARRIED (4'25 P.M.) ADJOURNMENT' The City Council returned from Executive Session and adjourned on motion by Councilman Pebley, seconded by Councilman Schutte~ MOTION CARRIED, ADJOURNED: 5:2!{ P,M.. City Clerk City Hall, Anaheim, California - COUNCIL MINUTES - October 14~ 1969~ 1:30 P.M. The City Council of the City of Anaheim met in regular session~ PRESENT: COUNCILMEN: Dutton, Schutte, Pebley and Clark ABSENT: COUNCILMEN': Krein PRESENT: ASSISTANT CITY MANAGER: Robert M. Davis ASSISTANT CITY ATTORNEY: Alan R. Watts CITY CLERK: Dene M. Williams CITY ENGINEER: James P. Maddox ASSISTANT DIREOTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts ASSISTANT FIRE CHIEF: James Heying Mayor Clark called the meeting to order. INVOCATION: Dr. George Raun, of the first United Methodist Church, gave the Invocation. FLAG SALUTE: Councilman Schutte led the Assembly in the Pledge of Alle- giance to the Flag. PROCLAMATION: Mayor Clark proclaimed the Week of October 27, 1969 as ~Halloween Wee~ In Anaheim.~ HALLOWEEN FESTIVAL TEEN DANCE: Request of the 46th Annual Halloween Fes- tival Board of Governors for permission to conduct a dance for Junior and Senior High School students, on Saturday, November 1, 1969, at the La Palma Stadium, 10:00 P.M. to 12:00 Midnisht, was approved on motion by Councilman Schutte, seconded by Coun- cilman Dutton. MOTION CARRIED. 69-621 City Hall,. Anaheim, California - COUNCIL MINUTES - October 14, .1969., 1:30 P.Mo MINUTES: Approval of the Minutes of the Anaheim City Council meeting held October 7, 1969, was deferred to the meeting of October 21, 1969. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Schutte moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen, unless after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNAI{I- MOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $398,536.14, in accordance wit~'t'he 1969-70 Budget, were approved. CONTINUED PUBLIC HEARING - ANAHEIM GENERAL PLAN~ 1969: Public hearing to consider the combined Housing, Commercial, Industrial and Community Facilities Elements of the 1969 Anaheim General Plan for the area generally bounded on the west by Holder Street, on the north by Yorba Linda Boulevard, on the east by Gypsum Canyon Road, and on the south by Chapman Avenue, was continued from the meet- ings of July 29 and September 23, 1969, for further Council study. On motion by Councilman Schutte, seconded by Councilman Pebley, pub- lic hearing was further continued to November 12, 1969, 1'30 P.M., for con- sideration by the full City Council. MOTION CARRIED. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1133: Submitted by John T. and Elta B. Stowers, requesting permission to operat~ a pawn shop in an existing retail store; C-2 zoned property generally located on the south side of Lincoln Avenue, east of Lemon Street (162 West Lincoln Avenue). The City Planning Commission, pursuant to Resolution No. PC69-180, denied said conditional use permit. Appeal from action taken by the City Planning Commission was filed by Odra L. Chandler, Attorney representing the Petitioners, and public hearing scheduled this date. 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 called attention to Conditional Use Permit No. 908, filed by the Applicants for a pawn shop at subject location and denied by the City Council, February 14, 1967. Mayor Clark asked if the Applicants or their Agent wished to address the City Council. Mr. Odra L. Chandler, 608 South Harbor Boulevard, Attorney represent- ing the Petitioners, referred to the question of whether there had been suffi- cient change in conditions, since the previous application was denied, to war- rant the granting of subject request, being of the opinion that such a change had taken place. He noted that the pawn shop operation on South Anaheim Boule- vard (approved July 19, 1966, under Conditional Use Permit No. 850) had been granted with no prcedent at that location, but seemed to have proved a res- pectable business and should be used as a reference for subject application. Mr. Chandler advised that the nature of the existing retail business at subject property would not be appreciably changed; that in some cases loans would be made in lieu of purchasing and trading merchandise, and the required State License would be displayed; there would be no change in the window dress- ings nor any pawn shop sign installed. He pointed out that the pawn shops are under State control, that regular reports must be made to the Police Department, and a public service is performed by the frequent recovery of stolen property through pawn shops. In conclusion, Mr. Chandler was of the opinion that urban redevelop- ment would not suffer as a result of granting subject petition, that there was a need for occupation of the older, small store buildings in the downtown area, and if a pawn shop was reasonable on South Anaheim Boulevard and was the only such business in the City, it seemed to constitute a monopoly on the small 69-622 City Hal!, Ana,.hei_m,_ C,alifor.nia 7 COU'NCI.,L....M!NUTES --~ ..Oc-t°ber 14,. 1969, .!.:.30 .P......M.. loan business. He compared the proposed operation with that of larger financial and lending institutions in the vicinity of subject property, Mayor Clark asked if anyone wished to address the City Council in opposition. Mr~ Glenn Fry, of Anaheim Savings and Loan, 187 West Lincoln Avenue, cited new and remodeled buildings in the downtown area, advising that although redevelopment has been slow, it is in progress, and in his opinion, a pawn shop would not be conducive to redevelopment. Subject application file was reviewed by the City Council, and Councilman Pebley read a petition in favor of the pawn shop containing 92 sisnatures, 40 of which represented businesses located on Lincoln Ave- nue between Anaheim Boulevard and Clementine Street, and 28 representing other businesses in the City~ the remainder bein8 comprised o£ other citi- zens. Mr. Fry expressed concern that property valuation in the down- town district would not be improved by the addition o£ a pawn shop. The Mayor asked if anyone else wished to address the City Coun- cil. Mr. Earl Kaplan, representing Hurst Jewelers, 132 West Lincoln Avenue, stated that, in his opinion, circumstances have not significantly changed since the 1967 application, at which time there was a petition in favor containing more names than that just read. He expressed pride in the high standards which have always been maintained iff the City, and was of the opinion that there was a need for a downtown district as well as shopping centers~ He pointed out that he would not object to a pawn shop on a side street or on Anaheim Boulevard, but not on this main thoroughfare; that an undesirable element could be attracted to such an operation. In rebuttal, Mr. Chandler was of the opinion that redevelopment of the area would come about slowly through changes effected by the land- owners; that the rebuilding of a savings and loan facility and the remodel- ing of an old building to accommodate a bank had not generated additional development noting that a financial center was being developed further west near Harbor Boulevard. He noted the locations of those persons who signed the petition of approval, stating that only the financial institutions and one jewelry store appear to be opposed. In response to Council questioning, Mr. John Stowers, 3330 Orchid Street, Corona Del Mar, owner of subject property and Applicant, stated he had been 30 years in business in Orange County and two years in Anaheim, however, he had no previous pawn shop experience. He advimed that should the business be considered undesirable at a future date he would close the pawn shop activity within 30 days, upon notice and request from the City of Anaheim. In answer to additional questioning, Mr. Stowers stated he did not intend to use the word "Pawn" on a sign, but possibly would use "Loans" in small letters, with the permission of the City of Anaheim. The Mayor asked if anyone else wished to address the City Council. Mr. Stan Pawlowski, representing Barclays Bank, 127 West Lincoln Avenue, addressed the Council in opposition to the pawn shop in the loca- tion proposed, based on the opinion that it would generate deterioration of land values, discourage good businesses from coming into the area, and immediately double Police Department service costs for the area. He pointed out that a "quick loan" from a pawn broker was based on a fraction of the amount for liquidation of property alone; further, the business is not in the same category of banking and financial circles as banking establish- ments, in granting a loan, consider the character, credit and ability to repay the loan. 69-623 City Hall~ Anaheim, California - COUNCIL MINUTES - October 14~.. 1969, 1'30 P.M. The Mayor asked if anyone else wished to address the Council there being no response, declared the hearing closed. ' Discussion was held by the City Council, Councilman Schutte bein8 of the opinion that if the subject petition were granted there would be nothing to prevent the granting of additional applications for the same use; that pawn shops would not help the redevelopment, but would tend to downgrade the area. Mayor Clark agreed with Councilman Schutte, being of the opinion that any use which could retard the growth of the downtown district should be disapproved. Councilman Dutton noted that if the pawn shop were sold the condi- tional use permit would run with the land. RESOLUTION NO. 69R-572- Councilman Schutte offered Resolution No. 69R-572 for adoption, denying Conditional Use Permit No. 1133. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 1133. Roll Call Vote: AYES' COUNCILMEN: Dutton, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT. COUNCILMEN: Krein The Mayor declared Resolution No. 69R-572 duly passed and adopted. PUBLIC HEARING - ABANDONMENT NO. 69-12A: Public hearing scheduled this date on proposed abandonment of an existing alley located west of Euclid Street, be- tween Crescent Avenue and Westmont Drive (Tract No. 1591) was continued to December 16, 1969, 1'30 P.M., for further investigation, as recommended by the City Engineer, on motion by Councilman Schutte, seconded by Councilman Pebley. MOTION CARRIED. PUBLIC HEARING - ABANDONMENT NO~ 69-13A: Public hearing was held on proposed abandonment of an existing right-of-way for sewer line, requested by W.F. Farrell; property located within the parcel of land at the southeast corner of Broadway and Harbor Boulevard; pursuant to Resolution No. 69R-548, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer was submitted, recommending that said request be approved. Mayor Clark asked if anyone wished to address the City Council. there being no response, declared the hearing closed. ' RESOLUTION NO. 69R-573' Councilman Pebley offered Resolution No. 69R-573 for adoption, approving Abandonment No. 69-13A as recommended by the City Engineer~ ' Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF AN EXISTING RIGHT OF WAY FOR SEWER LINE PURPOSES, UPON, ALONG, OVER AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY. (No. 69-13A) Roll Call Vote: AYES' COUNCILMEN: Dutton, Schutte, Pebley and Clark NOES- COUNCILMEN. None ABSENT: COUNCILMEN: Krein The Mayor declared ResolUtion No. 69R-573 duly passed and adopted. 69- 62/, City ._Hall, Ana..heim,~ California ~ COUNCIL MINUTES - October 14~.. 19.6.9, !;3p...p~.M. ppBLIC H~ARING - VARIANCE NO. 2113: Submitted by William S. and Nine M. Simmons, requestin'~'~e'rmission to e~tablish a 53-unit apartment complex, with wai.. vets of (1) one-story height limit within 150 feet of an R-A zone, (2) location of accessory buildings, (3) minimum distance between buildings~ (4) living units located within 200 feet of a standard street, and (5) adequate access and circulation for trash and fire vehicles; R-A zoned property, generally located on the west side of Webster Street, south of Orange Avenue (Reclassification No. 63-64-62(6) - R-3). The City Planning Commission, pursuant to Resolution No. PC69- 190, denied said variance. Appeal from action taken by the City Planning Commission was filed by James Hodges, Agent for the Petitioners, and pub- lic hearing scheduled this date. 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 reported that recent Amendments to the City's R-3 Site Development Standards rendered Waivers Nos. 2 and 4 unnecessary; that the most criti- cal waiver requested was No. 5, which was unresolved at the time the City PI. arming Commission decision was made. However, it was his understanding that a revised plan indicating an improvement to the secondary access facilities, which would meet with the Fire Department requirements, had been prepared. In response to Council questioning, Mr. Roberts reported that the inadequate access for fire and trash purpose was the principal reason for the Planning Commission's denial. Assistant Fire Chief James Heying reported that although he had not reviewed the revised plans the Applicants had assured him that one building was being omitted, which wou]d bring ~ccess from Webster Street up to City Standards. Mayor Clark asked if anyone wished to address the City Council, for or against subject variance, there being no response, declared the hearing closed. RESOLUTION NO. 69R-574' Councilman Pebley offered Resolution No. 69R-574 for adoption, granting Variance No. 2113, subject to the following con- ditions. (1) That this variance is granted subject to the completion of Reclassification No. 63-64-62. (2) That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. (3) That fire hydrants shall be installed as required and de- termined to be necessary by the Chief of the Fire Department. (4) That ~ 6-foot masonry wall shall be constructed along the west property line. (5) That any air-conditioning fmcilities proposed shall be pro- perly shielded from view and the soL, nd shall be buffered from adjacent residential homes, (6) That subject developmemt shall be served with underground utilities ('7) That the 54-foot diameter turning area shall remain free and clear of all structures or obstructions. (8) That Condition Nos. 2, 3, 4, 5, 6, and 7, above mentioned, shall be complied with prior to final building and zoning inspections. (9) That the owner(s) of subject property shall pay to the City of Anaheim park and recreation fees of $75.00 per dwelling unit, which shall be used for park and recreation purposes, said amount to be paid at the time the Building Permit is issued. (10) That subject property shall be developed substantially in accordance with standard plans and specifications on file with the City of Anaheim, mar~ed Exhibit Nos. 1 <Revision No. 2), 2, 3, and 4, subject to approval by the Fire Chief and the Development Services Department. 69 -625 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 14~ 1969~ 1:30 P.M. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2113. Roll Call Vote' AYES' COUNCILMEN. Dutton, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT' COUNCILMEN: Krein The Mayor declared Resolution No~ 69R-574 duly passed and adopted. VARIANCE NO. 2047 (RECLASSIFICATION NO. 68-69-63) - WAIVER: Communication dated September 24, 1969, requesting permission to install a 6-foot wood fence along the north property line in lieu of the masonry wall required by Con- dition No. 8, Resolution No. 69R-111, granting subject variance, property located at 119 South Magnolia Avenue, was submitted, together with reports and recommendations of the City Engineer and the Zoning Division. On the recommendations of the Development Services Department, Zoning Division, Councilman Dutton moved that the Bond requirement presently in force be waived and approval of construction of a 6-foot wooden grapestake fence along the north property line of subject property be granted~ Councilman Schutte seconded the motion. MOTION CARRIED. AMUSEMENT DEVICES PERMIT: Application filed by Joseph Reitano, dba Golden West Books, for amusement devices permit to allow a coin-operated movie box at 111 East Lincoln Avenue, was submitted together with recommendation of the Chief of Police that said permit be denied. Mr. Joseph Reitano, 168 Lexington, Costa Mesa, addressed the City Council, requesting said permit be granted. On the recommendations of the Chief of Police, Councilman Pebley moved that subject amusement devices permit be denied. Councilman Clark seconded the motion. MOTION CARRIED. Brief discussion was held ~and it was noted that the "adult~ book store operation on subject prOperty was not a desirable or welcome business in the City, which opinion was shared and expressed by many residents and businessmen. FINANCIAL REPORT - FISCAL YEAR 1968-69. Financial Report for the Fiscal Year 1968- 69 was submitted. Mr. Donald E. Callahan, representing Diehl, Evans and Company, ad- dressed the Council clarifying the title "Auditor's Report" used on the opin- ion page of the report, advising that in a survey made of practices of C.P.A. firms throughout the United States it was found that many different titles are used such as "Accountant's Report," '"Auditor's Report," etc. In their opinions there was no significance in the title used as the significant statement is that of the independent C~rtified P~blic Accountant contained in his written opinion. On motion by Councilman Schutte, seconded by Councilman Dutton, Financial Report for the Fiscal Year 1968-69 was ordered received and filed. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held September 22, 1969, pertaining to the following applications were submitted for City Council information and consideration: CONDITIONAL USE PERMIT NO. 1132: Submitted by Market Basket, to permit the establishment of a Hofbrau-type facility, with On-Sale Beer, in a portion of an existing structure, located in a neighborhood shopping center; C-1 property generally located at the southwest corner of Anaheim BouleVard and Ball Road. Denied by the City Planning Commission, pursuant to Resolution PC69-191. 69-626 ~it]f Hall, Anaheim~ California- COUNCIL MINUTES- October 14~ .1969~ 1:30 P.M. CONDITIONAL USE PERMIT NO. 1134: Submitted by Sam Menlo, requesting per- mission to establish light mental hospital facilities in conjunction with an existing convalescent hospital on C-1 zoned property, generally located on the west side of Beach Boulevard, north of Orange Avenue. The City Planning Commission, pursuant to Resolution No. PC69- 197, granted said conditional use permit, subject to conditions. CONDITIONAL USE PERMIT NO. 1136: Submitted by Melrose Abbey Memorial Pro- perties, Incorporated~ for permission to establish an existing mausoleum, cemetery and funeral chapel as a conforming use, and to establish a mor- tuary in conjunction with said existing facilities; R-A zoned property, generally located south of Orangewood Avenue, between Lewis Street and Manchester Avenue. The City Planning Commission, pursuant to Resolution No. PG69- 193, granted said conditional use permit, subject to conditions. qONDITIONAL USE PERMIT NO. 1137: §ubmitted by Huntington $avings and ~ , Loan, for permission to establish a one-story convalescent hospital on C-1 and P-L zoned property, generally located between Anaheim Boulevard and Lemon Street, north of Ball Road. The City Planning Commission, pursuant to Resolution No. PC69- 192, granted said conditional use permit, subject to conditions. VARIANCE NO. 2124' Submitted by David Skelly, to permit the establishment of an automotive radiator shop in the C-2 zone, with waiver of permitted use in the C-2 zone, and required number of off-street parking stalls; property generally located at the northeast corner of Anaheim Boulevard and Mills Drive. The City Planning Commission, pursuant to Resolution No. PC69- 194, granted said variance, subject to conditions. (Request of David Skelly to permit immediate opening of business approved under Variance No. 2124 was reported to have been handled adminis- tratively.) VARIANCE NO. 2127: Submitted by Chao's, Incorporated, to permit the con- struction of a canopy structure, with waiver of minimum required front setback; R-A zoned property, generally located on the north side of Katella Avenue, east of Harbor Boulevard. (Resolution of Intent, Reclassification No. 66-67-61(34) - C-R Zone). The City Planning Commission, pursuant to Resolution No. PC69- 196, granted said variance, subject to conditions. The foregoing actions were reviewed by the City Council and no further action taken. RECLASSIFICATION NO. 68-69-68 A~D CONDITIONAL USE PERMIT NO. 1090 - TERMINATION: Submitted by Raymond Spehar, requesting a change of zone from County A-1 to C-l, on Parcel 1, westerly portion, and from County A-1 to R-A, on Parcel 2, easterly portion, to establish a mobile home park on Parcel 2; subject property located at the southeast corner of Imperial Highway and Esperanza Road. The City Planning Commission, by Motion, terminated all proceed- ings on subject petition, at the request of the Petitioner. Action taken by the City Planning Commission was ratified by the City Council, on motion by Councilman Dutton, seconded by Councilman Pebley. MOTION CARRIED. 69-627 qit¥ Hall~ Anaheim~ California - COUNCIL MINUTES - October 14~ 196..9, 1:30 P.M. CONDITIONAL USE PERMIT NO. 884' Requ'~st of Ruby O. BUsh, for amandment to Reso- lution No. 66R-662, granting Conditional Use Permit No. 884, to permit the serv- ing of champagne in conjunction with an existing wedding chapel and wedding service facility, located on the mouth side of Ball Road, west of Nutwood Street, was submitted~ Also submitted and reviewed by the City Council was excerpt from the Minutes of the regular City Planning Commission meeting held September 22, 1969, recommending to the City Council that consideration be given to amending Condition No. 4 of Resolution No. 66R-662, to permit the serving of champagne or champagne punch only, to be provided by the Applicant's customers. RESOLUTION NO. 69R-575' Councilman Dut£on offered Resolution No. 69R-575 for adoption, amending Condition No. 4, Resolution No. 66R-662, as recom~ mended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 66R-662 GRANTING CONDITIONAL USE PERMIT NO. 884. Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, Pebley and Clark NOES. COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor declared Resolution Noo 69R-575 duly passed and adopted. RESOLUTION NO. 69R-576 - AWARD OF WORK ORDER NOo 574-A: In accordance with the recommendations of the City Engineer, Councilman Pebley offered Resolution No. 69R-576 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 IMPROVEMENT OF WEST STREET FROM HAMPSHIRE AVENUE TO BALL ROAD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 574-A. (R.J. Noble Company - $11,436.60) Roll Call Vote. AYES' COUNCILMEN. Dutton, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT' COUNCILMEN: Krein The Mayor declared Resolution No. 69R-576 duly passed and adopted. RESOLUTION NO. 69R-577 - WORK ORDER NO. 577-A' On the recommendations of the City Engineer, Councilman Pebley offered-Resolution No~ 69R-577 for adoption, rejecting all bids received for the Broadway Street Improvement at the Sou- thern Pacific Railroad Crossing. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REJECTING ALL BIDS RECEIVED UP TO THE HOUR OF 2:00 P.M., ON OCTOBER 9, 1969, FOR BROADWAY STREET IMPROVEMENT AT THE SOUTHERN PACIFIC RAILROAD CROSSING. Roll Call Vote' AYES' COUNCILMEN: Dutton, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT' COUNCILMEN: Krein 69-628 Cztl_H__a~l, Anaheim, California ~ COUNCIL MINUTES - October 14, 1969, 1:30 F.M~ The Mayor declared Resolution No0 69R-577 duly passed and adopted, RESOLUTION NO 69R-578 - WORK ORDER NOs 487: Councilman Dutton offered Reso- lution No. 69R-578 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CON§TRUC- %'ION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF ORANGEWOOD AVENUE FROM LOARA STREET TO APPROXIMATELY 130 FEET WEST OF DELLA LANE, IN THE CITY OF ANAHEIM, WORK ORDER NO~ 487. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF~ AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IM- PROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THEi CONSTRUCTION THEREOF. (Bids to be Opened, November 6, 1969, 2:00 P.M.)~ Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte and Pebley NOES: COUNCILMEN: None ABSTAINED: COUNCILMEN: Clark ABSENT: COUNCILMEN: Krein The Mayor declared Resolution No. 69R-578 duly passed and adopted. DEEDS OF EASEMENT: Councilman $chutte offered Resolution Nos. 69R-579 to 69R- 581, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 69R-579: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR EASEMENTS FOR ROAD AND PUBLIC UTILITY PURPOSES. (Walt Disney Productions) RESOLUTION NOt 69R-580: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASE3~NT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Walt Disney Productions) RESOLUTION NO. 69R-581: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEME!NT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Arthur L. Prescott and Clarice L. Prescott) Roll Call Vote: AYES: COUNCILMEN: Dutton, Scbutte, Pebley and Clark NOES' COUNCILMEN' None ABSENT: COUNCILMEN: Krein The Mayor declared Resolution Nos. 69R-579 to 69R-581, both in- clusive, duly passed and adopted. CANCELLATION OF COUNTY TAXES: On motion by Councilman Schutte, seconded by Councilman Pebley, the Orange County Board of Supervisors was requested to cancel County Taxes on property acquired by the City of Anaheim for municipal purposes, pursuant to Resolution No. 69R-529, formerly assessed to Louis E. Nohl and Louis E~ Nohl, Executor of the Estate of Margaret E. Nohl, Deed recorded October 1, 1969, as Document No. '791, in Book 9096, Page 45, Official Records of Orange County, California. MOTION CARRIED. 69-629 .Cit~ Hall, Anaheim~ California - COUNCIL MINUTES - October 14.~ 1.769~ 1:30 P.M. CLAIMS AGAINST THE CITY' The following claims against the City were denied, as recommended by the City Attorney, and ordered referred to the insurance carrier, on motion by Councilman Dutton, seconded by Councilman Pebley: a. Claim filed by Peter M, Gwosdof, Attorney for John Carusillo, on behalf of Gina Carusillo, for personal injury damages purportedly sustained in an alley behind the 1700 block of Holbrook Street, on or about August 19 1969. , b. Claim filed by Jack A. Rose, Attorney, on behalf of Vincent James LoPriore, for purported false arrest, on or about June 26, 1969. c. Claim submitted by James A. Fry, for property damage purportedly sustained when a City truck backed into Mr, Fry's car, on or about August 23, 1969. MOTION CARRIED. RESOLpTION NO. 69R-582: Councilman Dutton offered Resolution No. 69R-582 for adOption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHOR- IZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE COUI~Y OF ORANGE, WITH REFERENCE TO ROADWAY IMPROVEMENTS ON SUNKIST STREET AND BALL ROAD. Roll Call Vote: AYES' COUNCILMEN: Dutton, Schutte, Pebley and Clark NOES: COUNCILMEN- None ABSENT: COUNCILMEN: Krein The Mayor declared Resolution No. 69R-582 duly passed and adopted. CORRESPONDENCE. The following correspondence was ordered received and filed on motion by Councilman Dutton, seconded by Councilman Schutte: a. Minutes - Cultural Arts Commission - September 4, 1969. b. Before the Public Utilities Commission - Investigation into the status, safety, maintenance, use and protection or closing of various crossings at grade of the lines of the Atchison, Topeka and Santa Fe Railway Company, the Union Pacific Company, and the Pacific Electric Railway Company in the County of Orange, California, with various streets, roads and highways in said County,~ c. Annual Report - Library Board. d, Financial and Operating Reports for the Months of August and September, 1969. MOTION CARRIED~ ORDINANCE NO. 2735: Councilman Dutton offered Ordinance No~ 2735 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14,32.190 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO PARKING. (No Parking At Any Time - Western Avenue, on both sides, from the North City Limits to Lincoln Avenue.) Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, Pebley and Clark NOES. COUNCILMEN: None ABSENT: COUNCILMEN' Krein The Mayor declared Ordinance No~ 2735 duly passed and adopted. 69-630 City Halls Anaheim~ California- COUNCIL MINUTES - October 14~ 1969.~ 1:.30. ORDINANCE NO. 2736: Councilman Clark offered Ordinance No. 2736 for adoption. · · Refer to Ordinance Book. AN ORDINANCE. OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.40, SECTION 14 40.060 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO SPEED LIMITS. (Thirty-five Miles Per Hour - Acacia Street between North City Limits and La Palma Avenue.) Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor declared Ordinance No. 2736 duly passed and adopted. ORDINANCE NO. 2737: Councilman Pebley offered Ordinance No. 2737 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (68-69-80 - C-l) Roll Call Vote. AYES. COUNCILMEN: Dutton, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor declared Ordinance No. 2737 duly passed and adopted. ORDINANCE NOs 2738: Councilman Schutte offered Ordinance No..2738 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY ,OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-64(6) - M-l) Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, Pebley and Clark NOES' COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor declared Ordinance No. 2738 duly passed and adopted. ORDINANCE NO. 2739- Councilman Dutton offered Ordinance No. 2739 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (65-66-24(11) - M-l) Roll Call Vote: AYES: COUNCILMEN. Dutton, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT' COUNCILMEN' Krein The Mayor declared Ordinance No. 2739 duly passed and adopted~ ORDINANCE NO~ 2740- Councilman Pebley offered Ordinance No. 2740 f°r adoption. Refer to Ordinance Book. 69-631 ~ity Hall~ Anaheim, California - COUNCIL MINUTES - October 14~ 1969~ 1:30 P.M. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67-68-47(2) - R-2-5,000'- Tract No. 5751) Roll Call Vote: AYES: COUNCILMEN. Dutton, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN' Krein The Mayor declared Ordinance No. 2740 duly passed and adopted. ORDINANCE NOt 2741' Councilman Schutte offered Ordinance No. 2741 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (68-69-69 - C-O) Roll Call Vote. AYES: COUNCILMEN. Dutton, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN' Krein The Mayor declared Ordinance No. 2741 duly passed and adopted. ORDINANCE NO~ 2742' Councilman Clark offered Ordinance No. 2742 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67-68-100(1) - C-l) ORDINANCE NO. 2743: Councilman Dutton offered Ordinance No. 2743 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61(35) - C-R) ORDINANCE NO. 2744: Councilman Pebley offered Ordinance No. 2744 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (64-65-85 - C-1 - Parcel 1 Only) ALCOHOLIC BEVERAGE LICENSE APPLICATION: Application submitted by Everett Wayne Knowles, for Person-to-Person Transfer of On-Sale Beer License for The Alibi, 821 South Brookhurst Street, Suites 11 and 12, was presented by the Assist- ant City Manager to the City Council for their information. No Council action was taken on said application. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - LOCAL NO. 47: On report and reMommendation of the Assistant City Manager, it was moved by Councilman Pebley, seconded by Councilman Schutte, that the City Council ratify letter signed by City Manager Keith A. Murdoch on behalf of the staff officials of the City, and A~J. Coughlin of the International Brotherhood of Electrical Workers, effecting the understanding that should a settlement be made between the City staff and employees, particularly the I.B.E.W., Local 47, that sal- aries and any other changes in the personnel resolution would be retroactive to October 10, 1969, the day after expiration of the existing Memorandum of Understanding, and further, that the IoB.E.W. would honor said understanding through October 23, 1969. MOTION CARRIED. SAFETY EMPLOYEE RETIREMENT: Assistant City Manager Robert Davis reported that communication from the Anaheim Police Association had been received by the City Manager proposing methods for consideration of a local safety employee retirement plan~ 69-632 ~ity Hall, Anaheim, California - CQUNC.I.~ .M!.NUTES _ October 14~ 1969,.i. 1:30 P.M. On the recommendations of the Assistant City Manager, it was moved by Councilman Schutte, seconded by Councilman Pebley, that the City Council receive said letter and order consideration of the proposals de- ferred, pending further study and report. MOTION CARRIED. ANAHEIM UNION HIGH SCHOOL DISTRICT - NARCOTICS COMMITTEE MEETING: Regarding communication from the BOard of Trustees of the Anaheim Union High School District inviting members of the City Council to attend the first meeting of the Board's Narcotics Committee October 16, 1969, at 7'30 P.M., to be held at 2360 West La Palma Avenue, Councilman Schutte indicated he would be able to attend the meeting° LA PALMA-FEE ANA ANNEXATION - ~ESOLUTION NO. 69R-583' On report and certifica- tion of the City Clerk that petitions requesting annexation of uninhabited territory known and designated as the La Palma-Fee Ana Annexation were checked and found to be sufficient, Councilman Dutton offered Resolution No. 69R-583 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY CiOUNCIL OF THE CITY OF ANAHEIM ACKNOWLEDGING RECEIPT OF A PETITION FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRI- TORY TO THE CITY OF ANAHEIM, DESIGNATING THE TERRITORY AS THE LA PALMA- FEE ANA ANNEXATION; DESCRIBING THE BOUNDARIES OF THE TERRITORY PROPOSED TO BE ANNEXED AND GIVING NOTICE OF THE DAY, HOUR AND PLACE WHERE AND WHEN ANY PERSON OWNING REAL PROPERTY WITHIN SUCH TERRITORY SO PROPOSED TO BE ANNEXED MAY APPEAR BEFORE THE CITY COUNCIL AND SHOW CAUSE WHY SUCH TERRITORY SHOULD NOT BE ANNEXED TO THE CITY OF ANAHEIM. (Public Hearing, November 25, 1969, ].30 P.M.). Roll Call Vote. AYES. COUNCILMEN: Dutton, Schutte, Pebley and Clark NOES- COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor declared Resolution No. 69R-583 duly passed and adopted. IMPERIAL HIGHWAY-ESPERANZA ANNEXATION - RESOLUTION NO. 69R-584: In accordance with authority granted by the Local Agency Formation Commission, Council- man Schutte offered Resolution No. 69R-584 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ANNEXATION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED AS IMPERIAL HIGHWAY-ESPERANZA ANNEXATION. Roll Call Vote' AYES' COUNCILMEN: Dutton, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT' COUNCILMEN: Krein The Mayor declared Resolution No. 69R-584 duly passed and adopted. PROPOSED METROPORT - BALLOT MEASURE~ Councilman Dutton reported that a number of people have felt that the total City was not represented on the Metro- port issue, and recognizing the present and anticipating the future trans- portation problem, have requested him to ask that this matter be placed before the electorate at the forthcoming April municipal election. The measure to read: "Shall the City of Anaheim grant a private operator the right to operate a Metroport on City property adjacent to the Anaheim Stadium?" Councilman Dutton was of the opinion that this was a reasonable request, and thereupon asked that the issue be placed on the April ballot. 69-633 City Hall, Anahei.m, California- .C. OUNC!..L .MI.NUTES .-Oc. to.ber 14, 1969, l:.30~_~..M.,. Discussion was held by the City Council, and Mayor Clark noted that he previously stated he approved placing the issue before the voters, however, under the circumstances he would not vote to approve a Metroport in an area where the opposition is so apparent, He favored placing the measure on the ballot on the condition that approval would be the usage and not be approving any particular contractor. Councilman Schutte was of the opinion that the questions asked at the last meeting should be answered and all facts and information received before the measure is placed on the ballot. Councilman Pebley was of the opinion that if the measure was in- corporated in the April ballot, it could become a political issue, and could attract candidates running on this issue only. He felt the qualifications of a good Councilman were much greater and extended beyond that of his position on a single issue. Councilman Dutton noted that everyone has recognized the transpor- tation problem and both those in favor and those against the Metroport have requested the issue be placed on the ballot. At the conclusion of the discussion, it was agreed to defer said matter for a full Council. ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Schutte seconded the motion. MOTION CARRIED, ADJOURNED: 3: 25 P.M. City Clerk