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1969/12/0269~7~6 _City Hall, Anaheim, California - COUNCIL MINUTES - December 2, 1969, 1:20 PoM. The City Council of the City of Anaheim met in regular session~ PRESENT: COUNCILMEN: Dutton~ Krein, Pebley and Schutte ABSENT: COUNCILMEN: Clark PRESENT: CITI MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler ASSISTANT CITY ATTORNEY: Alan Watts CITY CLERK: Dene M. Williams CITY ENGINEER: James P. Maddox ZONING SUPERVISOR: Charles Roberts Mayor Pro Tem Schutte called the meeting to order° INVOCATIOn': Reverend Murray L. Morford, of the First Nazarene Church, gave the Invocation~ FLAG SALUTE: Councilman Dutton led the Assembly in the Pledge of Alle- giance to the Flag. ?ROCLAMATION: Proclamation proclaiming "Christmas Seal Week" - December 7 to 13, 1969, was unanimously approved by the City Council° INTRODUCTION OF NEW EMPLOYEES: Lee Sales, of the City Personnel Depart- ment, introduced new employees attending the City Council meet- ing as part of the City's orientation program. Mayor Pro Tem Schutte welcomed the new employees to the City Family. MINUTES: Approval of the Minutes of the Anaheim City Council regular meetings held N'ovember 18 and 25, 1969, was deferred to the meeting of December 9, 1969. WAIVER OF READING ~ ORDINANCES AND RESOLUTIONS: Councilman Dutton 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, les~ after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Krein seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $749,450.24, in accordance with the 1969-70 Budget, were approved. PUBLIC HEARING - RECLASSIFICATION NO. 69-70-22 AND VARIANCE NO. 2134: Submitted by Lenore N. Koebrich, requesting a change in zone from R-A to R-2, with waivers of maximum number of main buildings per site, minimum required front setback and minimum distance between structures. Property is pres- ently zoned R-A, and located on the south side of South Street, east of State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC69- 223, recommended said reclassification be disapproved, and pursuant to Resolution No~ PC69-224, denied said variance. 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, noting that said denials were made on the basis that subject property was surrounded on three sides by single-family residences; to approve subject petition would create spot zoning; that no significant land-use change had occurred in this general area to warrant favorable consideration of a more intense use of subject property; that subject property was developable for R-l, single-family homes. 69~w27,? City Hall, Anaheim, California ~ COUNCIL MINUTES - December 2, 1969, 1:30 P Mo Mr~ Roberts then posted on the wall two tentative designs prepared by the Staff, marked "A" and "B" which illustrated means by which the property could be utilized for single-family residential uses° Exhibit "A" denoted a ~ethod of development for 10 single-family lots, slightly undersize for R-1 lots~ E×hibit "B" denoted 13 single-family lots developed for R-2-5,000. The Mayor Pro Tem asked if the Applicant was present and wished to address the City Council. Lenore N. Koebrich, 2130 East South Street, owner, advised that the propert>' could not be sold for single-family residences as financing could not 't.e obtained as dedication and improvement of a full street, serving only one ~id~, would 'be required. She further advised of the several attempts to sell the property and stated that t'he existing homes in the area have actually down-graded her property and as a result the sale, pending subject zoning, is $2.5,000.00 less than 'the original value. In conclusion, Mrs° Koebrich stated that the proposed development would not down-grade the area, nor create an increased traffic or school proble~r~, w'mereas, a single-fancily resident development., as proposed by the City i~'lanning Staff, would. The Mayor Pro Tem asked if anyone else wished to address the City Council. Mrs. Florence Vollmann, 1939 West Broadway, and former owner of property-at 2109 East South Street, appeared in favor of the proposed devel- opment, noting that it was designed for adults only, which would mean less noise a~d congestion in the area~ The Mayor Pro Tem asked if anyone wished to speak in opposition. Mrs. Yancy Larimore, 2201 East South Street, favored limiting devel- op~eo.t of the property to single-family homes and stated, in her opinion, as a ~ropez't~ owner and realtor, apartments would be a detriment. Councilman Dutton asked Mrs. Larimore on what grounds she was bas- ing her opposition, to which she replied that an apartment complex was not in ~eeping with the area° Councilman Pebley asked Mrs. Larimore, based on her experience as a realtor, if she thought a subdivider could buy this small parcel and success- fully obtain financing to develop a full street with lots only on one side. She replied that the matter should be pursued with builders of R-1 develop- ments. The Mayor Pro Tem asked if anyone else wished to address the City Council, hearing no response, he declared the hearing closed. RESOLUTION NO. 69R-680: Councilman Krein offered Resolution No. 69R-680 for adoption~ denying Reclassification No. 69-70-22, as recommended by the City Planning Co~!~is.~ion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. (69-70-22) Roll Call Vote- 69-728 City Hall, Anaheim~ California - COUNCIL MINUTES - December 2~ 1969, 1:30 PoM. AYES: COUNCILMEN: Dutton, Krein and Pebley NOES' COUNCILMEN' Schutte ABSENT: COUNCILMEN: Clark The Mayor Pro Tem declared Resolution No. 69R-680 duly passed and adopted. RESOLUTION NOo 69R-681: Councilman Krein offered Resolution No. 69E-681 for adeption, denying Variance Nee 2134, as recommended by the City Plann- ing Con%missiono Refer to Resolution Booko A RESOLUTION' OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE Nee 21~4o Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein and Pebley NOES: COUNCILMEN' Schutte ABSENT: COUNCILMEN: Clark The Mayor Pro Tem declared Resolution Nee 69R-681 duly passed and adopted° PUBLIC HEARING - RECLASSIFICATION NO. 69-70-23 AND CONDITIONAL USE PERMIT NO. 1141: Submitted by Huyett Howard Gaines, requesting a change in zone from R~A to C~R, to permit an existing cat kennel for the breeding and raising of domestic show cats for sale. Property is presently zoned R-A, gener- ally located on the west side of West Street, south of Hampshire Avenue. (Resolution of Intent to C-R on portion - 66-67-61)~ The City Planning Commission, pursuant to Resolution No. PC69~ 225, reco~anended said reclassification be approved, subject to the follow- lng ~onditions~ 1. That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2°00 per front foot along West Street, for street lighting purposes ~ 2~ That the owner(s) of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along West Street, for tree plant- ing purposes° 3. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works° 4~ That fire hydrants shall be installed as required and deter- mined to be necessary by the Chief of the Fire Department. .5~ That all air-conditioning facilities shall be properly shield- ed from view, and the sound shall be buffered from adjacent residential homes° 6o That any parking area lighting proposed shall be down-light- ing a maximum height of 6-feet, which lighting shall be directed away from the property' lines to protect the residential integrity of the area. 70 That subject property shall be served by underground utili- ties~ 8. Prior to the introduction of an ordinance rezoning subject property, Condition Nos~ 1, and 2, 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 from the date hereof, or such further time as the City Council may grant~ 9o That Condition Nos° 3, 4, 5, 6, and 7, above mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC69- 226, recoa~ended approval of said conditional-use permit, subject to the following conditions: 69-729 _C_ity Hall~ Anaheim~ California - COUNCILi,MINUTES - December 2~ 1969..~ 1:30 1. That subject property shall be developed substantially in ac- cordance with plar~.s and specifications on file with the City of Anaheim, m~rked Exhibit No. 10 2. That a time limitation of three (3) years shall be granted for the use of su'Dject property, and upon request by the Petitioner, an additional period of time may be granted upon approval by the Planning Commission and/or City Co'm~.cj 1 ~ Zor~,ing Supervisor Charles Roberts noted the location of subject prop~ert, y~ the exi.~ting uses and zoning in the immediate area, and briefed the ~vidence submitted to and considered by the City Planning Commission. Mayor Pro Tem Schutte asked if the Applicant was present and con- curred with the recom_~'~endations of the City Planning Commission, to which Mr. HoH. Gaines, 899 South West Street, replied in the affirmative and ad- vised that his letter sent to each Councilman set forth his request and jus- tifications therefor. The Mayor Pro Tem asked if anyone wished to address the City Council; 'hearing no response~ he declared the hearing closed. RESOLUTION NO. 69R=682: Councilman Pebley offered Resolution No. 69R-682 for adoption, authorizing the preparation of necessary ordinance changing the zone as reqce~ted, suhjecu to the conditions recommended by the City Planning Com- Refer to Resolution Book, A RESOL~TI'ION OF THE CITY COUNCIL OF THE CITY' OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (69~70.~27 = C-R) Roll Call Vote: AYES: COUNCILMEN. Dutton, Krein, Pebley and Schutte !gOES' COUNCILMEN- None ABSENT: COUNCILMEN: Clark The Mayor Pro Tem declared Resolution No~ 69R-682 duly passed and adopted. RESOL'UTION NO. 69R-683: Councilman Pebley offered Resolution No. 69R-683 for adoption, granting Conditional Use Permit No. 1141, as requested, subject to the condi'tions recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAl, USE PER~,iIT NO~ 1141~ Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Pebley and Schutte NOES: COUNCILMEN: None ABSENE: COUNCILMEN- Clark The Mayor Pro Tem declared Resolution No. 69R-683 duly passed and adopted. PUBLIC HEARING ~ VARIANCE NO, 2122: Submitted by C. Weaver, to establish an out- door playground equipment display and sales area in conjunction with an ex- isting shopping center facility, with waivers of permitted uses in the zone, permi, tted uses in. the P-L zone, aggregate sign area per 300 feet of lineal street frontage and minimum distance between a roof sign and a free- standing sign, Property is presently zoned C-2 and P-L, generally located at the southeast corner of Harbor Boulevard and Wilken Way (White Front Shop,- ping Center)° 69-730 City Hall~ Anaheim~ California - COUNCIL MINUTES - Decem'~er 2,. 1969, 1'30 P.M. The City' Planning Commission, pursuant to Resolution No. PC69~- 222, denied said variance. Appeal from action taken by the City Planning Commission was filed by Sa~uel E. Hart, Authorized Agent, and public bearing scheduled this date. Mr. Roberts noted the location of subject property, the existing uses and zoning in the in~nediate area, and briefed the evidence eubmitted to and con~idere~ by the City Planning Commission, noting that the proposed outdoor playground equipment and sales area would encroach $0 feet into the 50~foot P-L Zone, established for properties fronting on Harbor Boule° vard~ In addition~ he noted that the original plan submitted indicated said outdoor area would be enclosed by a vinyl-covered, chainlink barrier. Mro Robert~ further reported that the Petitioner withdrew the two requested waiver~ pertaining to signs. He noted the findings of the City Planning Con~ission on which decision of denial, was made and reported that the granting of said peti- tion permitting outdoor display and sales within the required setback would be granting a privilege which other property owners were denied; that due to the size of subject property there was sufficient area elsewhere than .in the setback area. Mayor Pro Tem Schutte asked if the Applicant or his Agent was present and wished to address the City Council. Mr~ Samuel E. Hart, 8417 Beverly Boulevard, Los Angeles, Archi- t~ct representing the Applicant, Toys-R-Us, described the proposed outdoor ~layground equipment and sales area. He stated that as a result of the City Planning Com~ission~s hearing they considered the location of the area directly behind the store, however, that area was objected to by the operator of a~',other business in the center as view of his business would be blocked from Harbor Boulevard, and consequently they had no other area to use except that in question. He stated that there was approximately 60 feet of the property line to the wall of the building, the first 20 · feet being landscaped, and the remaining 40 feet being set aside for park~ ing and driveway access, which had proven to be useless. Mr. Hart submitted an artistOs rendering of a revised proposal, depicting in lieu of the chainlink fence a wrought iron fence, in front of which taller shrubs will be placed. Mr. Hart concluded by stating that the proposal was in line wiuh other established uses, citing as an example, gas stations, outdoor res- taurants, nurseries, with outdoor displays of their products. Councilman Pebley then asked if the other tenants had objections to this new proposal, to which he received a negative reply. Mro John Devine, Western District Manager of Toys-R-Us, 2232 South Harbor Boulevard, addressed the City Council, and in response to Councilman PebleyOs question as to the need for outdoor display of play- ground equipment advised that their line included approximately 20 to 25 gym sets and to hang them overhead in the store presented a safety problem° He noted this outdoor area would be for display only of slides, swings, merry-go-rounds, etc.; that there would be no salespeople in the area. Customers purchasing items from the display area would merely take the slip provided on the item into the store and present it to a cashier. Nothing would go in or out of the display area. Council discussion ensued, during which Councilman Dutton pointed out the plot plan showed a large area between the eastern extremity of the Toys-R-Us building and the existing White Front Store, and stated that, in his opinion, this was the area in which, the display yard should be con- sidered. He concluded by stating that if this variance was granted, it would establish a precedent in conflict 'with the existing Code and all the other store o'~mers would request the same privilege. 69~731 City Hall~ Anaheim, California - COUNCIL MINUTES - December 2.~ 1969~ 1:30 P.M. In response to Councilman Dutton~s remarks, Mr. Devine stated that another' business was located between the Toys-R-Us building and the White Front Store which was not clearly shown on the plot plan. The Mayor Pro Tem announced that a good cross-section of evidence had been presented, and thereupon declared the hearing closed. RESOLUTION NO. 69R-699· Councilman Dutton offered Resolution No. 69R-699 for adoption, denying Variance No. 2122, as recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION' OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2122. Roll Call Vote~ AYES- COUNCILMEN. Dutton, Krein and Schutte NOES: COUNCILMEN: Pebley ABSENT' COUNCILMEN: Clark The Mayor Pro Tem declared Resolution No. 69R-699 duly passed and adopted. Subsequent to above hearing, and prior to adjournment, Councilman Schutta reported that he had inadvertently v~ted incorrectly on the above resolntion and wished at this time to change his vote to "No." City Attorney Joseph B. Geisler pointed out~ that inasmuch as Coun- cilman Schutte desired to change his vote, after close of the public hearing and results of the votes cast were announced and the Applicants departed, the legality of such action would require further investigation. The matter was held over to the meeting of December 9, 1969, for a legal ruling on change of vote. PUBLIC HEARING - VARIANCE NO. 2135: Submitted by Earl Hardaway, to establish an auto rental facility in an existing restaurant structure as a primary use, with wai'ver of primary uses, in a C-1 zoned property, located on the north side of Katella Avenue, west of Harbor Boulevard. (Resolution of Intent to zone C-R ~ 66~67-61). The City Clerk reported her office had received a letter requesting a continuation of subject hearing to the meeting of December 9, 1969, as the principals of National Car Rentals were unable to be present. On motion by Councilman Pebley, seconded by Councilman Dutton, pub- lic hearing on Variance No. 2135 was continued to the meeting of December 9, 1969, 1'30 P.M., as requested. MOTION CARRIED. CONTINUED PUBLIC HEARING - PROPOSED STREET LIGHTING ASSESSMENT DISTRICT 1969-1: Pursuant to Resolution No. 69R-592, duly published in the Anaheim Bulletin according to law, public hearing was held November 25, 1969~ and continued to this date to allow for verification of written protests filed that date to the proposed. Street Lighting Assessment District 1969-1. The following certification was submitted by the City Clerk: CERTIFICATION STATE OF CALIFORNIA ) COUNTY' OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M~ WILLIAMS, City ClerR of the City of Anaheim, do hereby certify that petition of protests to proposed Street Lighting Assessment District No~ 69~1, encompassing Tract Nos. 2833, 2839 and 2849 was filed 69-752 C__ity Hall, Anaheim, California - COUNCIL MINUTES - December 2, ]969, 1:30 November 25, 1969, and I further certify that according to records in this office, said petition of protests represents a majority of property owners within Tract Noo 2849. ~ And, I luther certify that said petition does not constitute a majority of property owners within the proposed Street Lighting Assess- ment District No. 69-1. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 2nd day of December, 1969. S/ DENE M. WILLIAMS DENE M. WILLIAMS, CITY CLERK CITY OF ANAHEIM, CALIFORNIA (SEAL) Mayor Pro Tern Schutte asked if anyone wished to address the City Council. There being no response, declared the hearing closed. Discussion was held, it being noted by Mr. Murdoch that the pro- tests filed were insufficient to abandon the proposed district, and the only negative effect deleting the tract protesting inclusion.would be the additional delay in establishing the district for revision of plans and specifications (approximately 30 to 60 days). Mr. Jess Burroughs, representing the Public Utilities Depart- ment, addressed the Council and reported that request for the formation of the district was received in the early part of this year, and the people are concerned with delays thus far and anxious to have the ornamental light- ing system installed. With reference to possible deletion of Tract No. 2849 from the district, Mr. Burroughs recommended that at least the safety lighting on Western Avenue remain in the plans. He noted that this safety light- ing would, however, benefit 8 of the 15 parcels requesting exclusion° Regarding cost, Mr. Burroughs estimated the cost of the system, based on their estimates, to be approximately 85 cents per month, or $9 50 per lot per year. · RESOLUTION' NO. 69R-684: Councilman Krein offered Resolution No 69R-684 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING THAT THERE WAS NOT A MAJORITY PROTEST AGAINST THE STREET LIGHTING ASSESSMENT. Roll Call Vote. AYES: COUNCILMEN: Dutton, Krein, Pebley and Schutte NOES: COUNCILMEN: None ABSE~'~T: COUNCILMEN: Clark The Mayor Pro Tem declared Resolution No. 69R-684 duly passed and adopted. RESOLUTION NO. 69R-685- Councilman Krein offered Resolution No 69E-685 for adoption. ' Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THAT TRACTs 2833, 2839 AND 2849 SHALL CONSTITUTE THE BOUNDARIES OF STREET LIGHTING ASSESSMENT DISTRICT 1969-1 AND DETERMINING THAT THE STREETS WITHIN AND ADJACENT THERETO SHALL BE INCLUDED IN THE CONTEM- PLATED IMPROVEMENTS. Roll Call Vote: 69 ~ ~ 33 Hall, Anaheim, California - COUNCIL~ MINUTES - December 2, 1969, 1.30 P.M. AYES' COUNCILMEN: Dutton, Krein, Pebley and Schutte .?~ .S: COU~[CILMEN. None BS~.~T: COUXC ILMEN: Clark The Mayor Pro Tom declared Resolution No. 69R~685 duly passed and ado[,t ed., RE$OLYTIOS: NO. 69R-686 - WORK ORDER.~NO. 4675: Councilman Krein offered Reso- lution Mo. 69R-686 for adoption. Refer to Resolution Book. A RESOLUTIO]~ OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETIO5 OF A PUBLIC IMPROVEMENT, TO WIT: INSTALLATION OF STREET LIGHT- ING IN TRACTS NOS. 2833, 2839 AND 2849, IN THE CITY OF ANAHEIM, WORK ORDER NO. ~,.~. .~ROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICA- TIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETCo; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF° Roll Call Vote: AYES: COUNCILMEN'- Dutton, Krein, Pebley and Schutte NUBS- COUNCILMEN, None ABc~''~ C '~"'' " o=,:.~: .OUz~CILMEN: Clark The Mayor Pro Tem declared Resolution No. 69R-686 duly passed and adopted. ENTERTAINMENT PERMIT: Application submitted by Gene Z. Borowski, for entertain- ment permit to allow one girl playing the guitar and singing in the cocktail lounge at Howard Johnson's, at 1350 South Harbor Boulevard, was submitted and granted for a period of one year, subject to provisions of Chapter 4.18 of the An. ahei~ Municipal Code, as recommended by the Chief of Police, on motion by Coun~:iimai~ Dutton~ seconded by Councilman Krein. MOTION CARRIED. Councilman. Krein left the Council Chambers, 2:40 P.M. CONDITIONAL USE PERMIT NO. 964 - EXTENSIO~N OF TIME: Request submitted by Clarice Graham, for 6~month extension of time to Conditional Use Permit No. 964 was granted to expire on May 24, 1970, as recommended by Development Services, on motion, by Councilman Dutton, seconded by Councilman Pebley. MOTION CARRIED. Coumcilman Krein returned to the Council Chambers, 2'45 P.M. SIDEWALK WAIVER ~ 111-123 SOUTH MANCHESTER AVENUE. Request of Nelda S. Quarre, of the Hartman Corporation, for temporary waiver of sidewalks at 111-123 South Manchester Avenue, at Adams Street, was submitted, together with report of the City Engineer recommending said request was granted, subject to the con- dition that no permanent planting or permanent-type improvements be permitted within the area reserved for future sidewalk. On motion by Councilman Pebley, seconded by Councilman Krein, tem- porary sidewalk waiver was granted as recommended by the City Engineer MOTION CARRIED. ' RECLASSIPICATIOM NO. 69-70~2 ~ DEDICATI. ON OF VEHICULAR ACCESS RIGHTS: On motion t:'y Cou'ocil~an Pabley, seconded by Counci. lman Krein, dedication of vehicular acc~:~s r'ight:.s to Baywood Avenue by Shareholders Capital Program, Incorporat- e.d, i.a c:onnecttot~ 'wi. th Recl. assi£ication No0 69-~70-2 was accepted by the City (_cu~,c~l a.,:~0 t:he recordation thereof was authorized~ MOTION CARRIED. 69-734 .City Hall~ Anaheim, California - COUNCIL MINUTES - December 2, 1..96.9, 1'30 P.i,i. RESOLUTION NO. 69R-687 - DEED OF EASEMENT: Councilman Pebley offered Resolution No. 69R-687 for adoption. -'----- Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CON~EYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN' EASEb~NT FOR WALKWAY PURPOSES. (Ezralow-Swartz) Roll Call Vote~ AYES° COUNCILMEN: Dutton, Krein, Pebley and Schutte NOES · C' ' ' OUNCILMEN: None ABSENT~ COUNCILMEN: Clark The Mayor Pro Tem declared Resolution No 69R-687 duly passed and ado?ted. ' ORDINANCE NO. 2754' Councilman Krein offered Ordinance No. 2754 for first reading, amending Title 18 of the Anaheim Municipal Code pertaining to zoning. , AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM i~S'NICIPAL CODE RELATING TO ZONING. (69-70-2 - R-3) RECLASSIFICATION NO. 68~69-89 - VARIANCE NO. 2081 - EXTENSION OF TIME: Request s~bmitted by Charles Do Christian, Security Development Company, for a one- year extension of time to Reclassification No. 68-69-89. The City Clerk reported that a six-month extension of time was granted by the City Council November 25, 1969, subject to a requirement that improvement bond be posted within 30 days; that the Applicant had asked for a continuance on the matter, in order to address the City Council regs'rding the necessity for said bond. Mayor Pro Tem Schutte asked if the Applicant was present, and wished to be heard. Mr. Charles D. Christian, Security Development Company, requested consideration be given to eliminating the requirement of posting the bond within 30 days as they wish to include the bond costs in their construction lo~n. The City Manager commented the reason the street improvement bond was required~ prior to the granting of a zone change, was to insure instal- lstion o~ improvements. Councilman Dutton moved that the motion be amended to grant the r~-que:sted one-year extension of time to Reclassification No. 68-69-89 and Variance No. 2081, as requested. Councilman Pebley seconded the motion. F!OT I ()i~i CARRIED~ COUi~'TY USE VARIA~'CE NO. 6274: Excerpt from the minutes of the City Plan- ,.o=m~ssio~ meeting held December 1 1969 pertaining to Orange Coanty Variance Permit No. 6274, requesting reduction of front setback along ~Iook~burgt Str~t to permit construction of 8-foot wall and roof overhang sub~p, it ted t~ogether with City ~ arming Co~ission recommendations to said variance as improvements would be in ultimate street right-of- Said recommendations of the City Planning Commission were rsined snd ordered forwarded to the Orange County Planning Commission~ for ~aei. r information.' on motiom by Councilman Dutton~ seconded by Councilman K~eir~, MOTIO~' CARRIED. 6g~735 City Hall~ Anaheim, California - COUNCIL MINUTES - December 2., 1969, 1'30 '~ M. RESOLUTION NO. 69R-688 - WORK ORDER NO..,4...24: Upon receipt of certification from the Director of Public Works, Councilman Krein offered Resolution No. 69R- 688 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 EQUIifM~NT AND ALL UTILITIES ANDTRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COM® PLETE THE FOLLOWING PUBLIC IMPROVEMZNT, TO WIT: THE REPAIR OF THE LINCOLN AVENUE B~IDGE, IN THE CITY OF ANAHEIM, WORK ORDER NO0 424. (Hunt Process Co:~pany) Roll Call Vote: AYES" COUNCILMEN: Dutton, Krein, Pebley and Schutte NOE S- GOUNCILMEN: None ABSENT ~' COUNCILMEN: Clark The Mayor Pro Tem declared Resolution No. 69R-688 duly passed and adopied, Dh:EDS OP E.ASEY~qNT~ Coancilman Schutte offered Resolution Nos. 69R=689 to 69R=695, both inclusi've, for adoption. Refer to Resolution Book. RESOL[ITION NO. 6~R-689' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHF. IM CC~,PTI'NG AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTANi: RF. AL PROPERTY FOR AN EASEMENT FOR PUBLIC UTILITY PURPOSES. (Frank and Hiida Horny) RESOLUTION 3iO~ 69R-690: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CFRTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Ball R.}ad Industrial Park) RESOLUTION i0. 69R-691. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ~CEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAI7 REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Apo. Ilo Development Corporation, Apollo Eleven Company, Juarco Corporation) RESOLUTI'ON NO. 69R-692- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANANEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR WATER VAULT PURPOSES. (Emerson El. ect~'ic Company) RESOLUTION NO. 69R=693: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR PUBLIC UTILITY PURPOSES. (William Lyon Development Company, Inc.) RESOLUTION NO. 69R-694: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAl. PROPERTY FOR AN EASEMENT FOR UNDERGROUND ELECTRICAL PURPOSES. (§helter Investment Company) RESOLUTION NO. 69R-695; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN' EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR STORM DRAIN PURPOSES. (Apollo Development Corporation.) Roll Call Vote: 69-736 City Hall~ Anaheim, California - COUNCIL MINUTES - December 2, 1969, 1.30 P.id. AYES° COUNCILMEN- Dutton, Krein, Pebley and Schutte NOES: COUNCILMEN: None ABSENT' COUNCILMEN' Clark The Mayor Pro Tem declared Resolution Nos. 69R-689 to 69R-695, both inclusive, dully passed and adopted. PURCHASE - EQUIPMENT- Mr. Murdoch reported on informal bids received for the purchase of 1/2-Ton and 3/4-Ton Pick-ups, included in the current Budget, and advised that the low bid, that of Anaheim Dodge, was on 8-cylinder motors; that the second low bid, that of Mc Coy Ford, was on 6-cylinder motors. He further reported that Mr. A1Merriam, Mechanical Maintenance Superintendent, thoroughly analyzed the proposals received and recommends the acceptance of the second low bid, that of Mc Coy Ford, based on the fact that the 6-cylinder motor will be more economical to operate, result- lng in a savings that will more than offset the difference in the initial cost: 6 - 1/2-TON PICK-UPS: VENDOR TOTAL AMOUNT~ INCLUDING TAX Mc Coy Ford, Anaheim Anaheim. Dodge, Anaheim iJoods G.M.C., Anaheim Vern Trider Chevrolet, Anaheim Jerry Goodwin Dodge, Anaheim $14,245.69 13,682.15 14,886.90 NO BID NO BID 9 - 3/4-TON PICK-UPS. VENDOR TOTAL AMOUNT~ INCLUDING TAX Mc Coy Ford, Anaheim Anaheim Dodge, Anaheim G.M.C. Woods, Anaheim Vern Trider Chevrolet, Anaheim Jerry Goodwin Dodge, Anaheim $22,861.24 25,180.93 26,705.60 NO BID NO BID On motion by Councilman Krein, seconded by Councilman Dutton, purchase was authorized on the above equipment from Mc Coy Ford, as recom- mended. 6 - 1/2-Ton Pickups, total price, including tax $14,245.69 - 9 - 3/4-Ton Pick-ups, total price, including tax $22,861.24. MOTION CARRIED. PURCHASE - EQUIPMENT: Mr. Murdoch reported on the following informal bids re- ceived for the purchase of 1 - 10,000 G.V.W. Cab and Chassis, and recom- mended the acceptance of the low bid: VENDOR TOTAL AMOUNT~ INCLUDING TAX Mc Coy Ford, Anaheim Anaheim Dodge, Anaheim International Harvester Company, Anaheim Woods GoM. C., Anaheim Vern Trider Chevrolet, Anaheim Jerry Goodwin Dodge, Anaheim $2,812.85 2,847.76 3,018.26 3,249.75 -NO BID -NO BID On motion by Councilman Pebley, seconded by Councilman Krein, purchase was authorized from Mc Coy Ford, the low bidder, in the amount of $2,812.85, including tax. MOTION CARRIED. PURCHASE - EQUIPMENT: Mr. Murdoch reported that informal bids were solicited from several vendors, however, only one quotation was received for the purchase of 1 - 50-foot Aerial Device and Line Truck Body, to include accessories, from Pitman Manufacturing Company, in the amount of $30,005.85, including tax, and recommended acceptance of said bid: ir I I ,t .. i . iiim ~ i _. 69-737 ~-Anaheim~_California . COUNCIL MIN____UTES - December 2 1969 1'30 P.M. VENDO_____R TOTAL AMOUNT :; INCLUDING TAX Pitman Manufacturing Company, City of Industry - - $30 005 85 Jumbo Equipment ' · SABCO -NO BID Calavar - NO BID NO BID On motion by Councilman Pebley, seconded by Councilman Schutte, bid of Pitm~n Manufacturing Company, in the amount of $30,005.85~ including taz~ was accepted and purchase authorized. MOTION CARRIED. CLAIMS AGAINST THE CITY' The following claims were denied, as recommended by the City Attoraey, and ordered referred to the insurance carrier, on motion by Councii~_.an Pebl. ey, seconded by Councilman Dutton. a. Claim submitted by Carden and Gray, Attorneys, on behalf of James W. Connely, for purported property damage sustained on or about Novem- ber 1, 1969, caused by a sudden high surge of voltage. b. Claim submitted by Ray L. Straight, for purported property dam- age, sustained on. or about September 11 1969 due to collision with City vehicle. ' ' MOTION CARRIED. RESOL[JTION >~0. 69R-696. Councilman Dutton offered Resolution No~ 69R-696 for adop- tio,.. -- 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-4257 WITH THE STATE OF CALIFORNIA, FOR REARRANGEMENT OF CERTAIN UTILITY FACILITIES IN CONNECTION WITH THE RIVERSIDE FREEWAY. (Water Line) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Pebley and Schutte ~OE S' COUNCILMEN: None AB SENT. COUNCILMEN: C 1 ark The Mayor Pro Tem declared Resolution No 69R-696 duly passed and adopted. ' ORANGE COUNTY TAX SALE NO. 1058: On motion by Councilman Dutton, seconded by Coun- cilman Krein~ Orange County Tax Sale No. 1058 to Anaheim Union High School District was approved. (Property located at 2200 East Wagner Street). MOTION CARRIED. LIBRARY BOARD - BOOK SELECTION POLICY: The Library Board's recommended Book Selec- tion Policy. was submitted. The City Manager called attention to an error made in the section pertaining to "adult" material, and noted that the sentence should read. "The Library will exercise caution to see that material meant strictly for adult use or material that is not suitable for minors, too immature to see it in its proper P~rgp~ctive, is not given out to those who are under the age of 18 and not married." Councilman Schutte moved that the recommended Book Selection Policy~ as corrected, be approved. Councilman Pebley seconded the motion. MOTION CARRIED. CORRESPONDENCE. (a) City Manager Keith Murdoch briefed the Council on corres- pondence received from the Department of Public Works, State of California, concerning the TOPICS (Traffic Operation Program for Increasing Capacity and Safety) Program (Senate Bill 1028) requesting an expression from the City relative to preference of a coordinating agency. 69-738 C_~ty Hall~ Anaheim~ California - COUNCIL MINUTES - December 2, 19697 1:30 P.M. He then read in full a letter prepared for the Mayor Pro Tem's signature, advisin~ the City of Anaheim preferred the Board of Supervisors, County of Orange, gct as said agent in all matters pertaining to subject program~ On motion by Councilman Krein, seconded by Councilman Dutton, subject letter was authorized and approved. MOTION CARRIED. The following correspondence was ordered received and filed, on motion by Councilman Dutton, seconded by Councilman Krein: 1969. (b) Minutes - Library Board, October 20, 1969. (c) Financial and Operating Reports for the month of October, MOTION CARRIED. ORDINANCE NO. 2752. Councilman Pebley offered Ordinance No. 2752 for adoption° Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING THE ANNEXATION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED AS LA PALMA-FEE ANA ANNEXATION° Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Pebley and Schutte NOES' COUNCILMEN: None ABSENT: COUNCILMEN: Clark The Mayor Pro Tem declared Ordinance No. 2752 duly passed and adopted. ORDINANCE NO. 2753: Councilman Dutton offered Ordinance No. 2753 for adoption. Refer to Ordinance Book. ~-~. ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (68-69-97 - R-3 and C-l) Roll Call Vote. AYES' COUNCILMEN: Dutton, Krein, Pebley and Schutte NOES: COUNCILMEN: None ABSENT. COUNCILMEN: Clark The Mayor Pro Tem declared Ordinance No. 2753 duly passed and adopted. ORDINANCE NO. 2755° Councilman Schutte offered Ordinance No. 2755 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 2, CHAPTER 2.10, SECTION 2.10.050 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO REAL PROPERTY TRANSFER TAX. APPOINTMENT - ORGANIZATION FOR COMPUTER PLANNING' On motion by Councilman Pebtey, seconded by Councilman Krein, Mr° Robert Davis was appointed "Alternate" to the Organization for Computer Planning, replacing Mr. Douglas Ogden. MOTION CARRIED. BOND PROPOSALS - 1970 ELECTION: At the request of the City Manager, discussion of various bond proposals and measures to be considered by the Council for possible inclusion on the April, 1970 ballot, was deferred from the meeting of December 9, 1969, to the meeting of December 16, 1.969. 69-739 Ci___ty Hall, Anaheim, California - COUNCI~ MINUTES - December 2, 1969, 1:30 CONTRACT - NICHOLAS CASSA: On recommendation of the City Manager~ Councilman D~tton moved that the Golf Course contract with Nicholas Cassa be amended by deleting that 'portion pertaining to $200.00 per month for the recovery of golf balls from the lake. ~ uncllman Krein seconded the motion. MOTION ¢~O ' CARRIED. WAIVER OF BUSINESS LICENSE FEES - ANAHEIM JAYCEES: The City Manager submitted a request from the Anaheim Jaycees a~king for a waiver of business license fees for the 1969 Christmas Circus bein~ conducted December 9 and 10 1969 at the Beach-Ball Shopping Center. ' ' Councilman Pebley moved th'at the license fees be waived in accord- ance with Council Policy No. 305. Councilman Krein seconded the motion. MOTION CARRIED. RESOLUTION NO. 69R-697. Assistant City Attorney Alan Watts briefed the Council on an agreement between the City of Anaheim and the County of Orange on an equitable distribution of costs of signalized intersections. Councilman Dutton offered Resolution No. 69R-697 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF ORANGE WITH REFERENCE TO A PROLED~R~iI FOR EQUITABLY DISTRIBUTIN~ THE MAINTENANCE COSTS FOR TRAFFIC SIGNAL A~D INTERSECTION LIGHTING INSTALLATIONS. Roll Call Vote: AS:'ES~ COUNCILMEN: Dutton, Krein, Pebley and Schutte .i!iO ES' COUNCILMEN: None ABSENT' COUNCILMEN: Clark The Mayor Pro Tem declared Resolution No. 69R-697 duly passed and adopted~ RESOLUTION NO~ 69R-698' Assistant City Attorney Alan Watts called attention to a change in the share and maintenance costs between the City of Anaheim and the CountF of Orange, with reference to a lighting and traffic signal system at tne intersection of Ball Road and Gilbert Street, and recommended an amend- ment to the agreement accordingly° Councilman Pebley offered Resolution No. 69R-698 for adoption, amending Resolution No. 69R-598. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION 69R-598 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF ORANGE WITH REFERENCE TO A LIGHTING AND TRAFFIC SIGNAL SYSTEM AT THE INTERSECTION OF BALL ROAD AND GILBERT STREET. Roll Call Vote. AYES: COUNCILMEN: Dutton, Krein, Pebley and Schutte NOES: COUNCILMEN': None ABSENT: COUNCILMEN° Clark The Mayor Pro [~em declared Resolution No. 69R-698 duly passed and adopted. 69-740 City Hall~ Anaheim, California - COUNCIL MINUTES - December 2, 1969, 1:30 P.M. CROSSWALK - SYCAMORE~ AT CLEMENTINE STREET: The City Engineer reported on th~ installation of a crosswalk on the north side of Pearson Park on Sycamore Street, at Clementine Street. He pointed out that investigation revealed that required war- rants as established by Resolution No. 6773 were not met and thereupon recommended the crosswalk not be installed. Councilman Dutton requested Mrs. Ernest Ganahl be notified of the City Engineer's recommendation and the reasons therefor. SIGNAL - BALL ROAD - BETWEEN BROOKHURST AND GILBERT STREETS: Councilman Peb- ley called attention to a dangerous condition created by the crosswalk on Ball Road, between Brookhurst and Gilbert Street, in front of the Brookhurst Theatre, and requested the installation of a traffic signal at this location be investigated by the Traffic Engineer. ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Krein seconded the motion. MOTION CARRIED. ADJOURNED: 3: 40 P.M. City Clerk City Hall~ Anaheim~ California -COUNCIL MINUTES - December 9, 1969~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT' COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark ABSENT: COUNCILMEN: None PRESENT- ASSISTANT CITY MANAGER' Robert M. Davis CITY ATTORNEY: Joseph Bo Geisler CITY CLERK: Dene M. Williams CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Clark called the meeting to order. INVOCATION: Reverend George Dugard, of the West Anaheim Baptist Church, gave the Invocation. FLAG SALUTE: Councilman Krein led the Assembly in the Pledge of Allegiance to the Flag. MINUTES' Minutes of the Anaheim City Council meeting held November 18, 1969, were approved on motion by Councilman Dutton, seconded by Councilman Krein. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Dutton moved to waive the reading in full of all ordinances and resolutions, and that con- sent 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 Krein seconded the motion. MOTION UNANIMOUSLY CARRIED.