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1969/12/3069-779 City Hall~ Anaheim~ California - COUNCI~ MINUTES - December 30; 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 PRESE~: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B.i 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 G. Paul Keller, of the First Presbyterian Church, gave the Invocation. FLAG SALUTE' Councilman Dutton led the Assembly in the Pledge of Allegiance to the Flag. MINUTES: Approval of the Minutes of the Anaheim City Council regular meetings held December 16 and 23, 1969, was deferred to the meeting of January 6, 1970. WAIVER OF READING - ORDINANCES AND RESO%UTIONS: Councilman Pebley moved to waive the reading in full of all ordinanCes and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen, unless after read- ing of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Krein seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY' Demands against the City, in the amount of $2,172,514.36, in accordance with the 1969-70 Budget, were approved. PUBLIC HEARING - GENERAL PLAN AMENDMENT~NO. 116: Public hearing to consider an amendment to the Anaheim General P~an Circulation Element, classifying Coro- nado Street, between Blue Gum Street on the west, and Kraemer Boulevard on the east, from a local to an Industrial Collector Street. The City Planning Commission, pursuant to Resolution No. PC69-238, recommended approval. Zoning Supervisor Charles Roberts called attention to the four find- ings contained in Resolution No. PC69-238 on which City Planning Commission recommendations were based. It was noted,that if and when Coronado Street is upgraded as recom- mended, the County will amend their Master Plan thereby bringing the Plans of both entities into conformance. Mayor Clark asked if anyone wished to address the City Council; hearing no response, he declared the hearing closed. RESOLUTION NO. 69R-746: Councilman Dutton moved that General Plan Amendment NOo 116 be approved as outlined, and thereupon offered Resolution No. 69R- 746 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMEND- MENT TO THE GENERAL PLAN DESIGNATED AS AMENDMENT NO. 116. (Coronado Street, -between Blue Gum Street and Kraemer Boulevard.) Roll Call Vote' AYES. COUNCILMEN' Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-746 duly passed and adopted. 69-780 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 30~ 1969, 1:30 P.M. PUBLIC HEARING - GENERAL PLAN ~NDMENT NO. 117: Public hearing was held to consider an amendment to Che ~naheim General Plan Circulation Element, changing the classification of Blue Gum Street, from Miraloma Avenue to La Jolla Street from a secondary to a primary highway. The City Planning Commission, pursuant to Resolution No. ?C69- 239, recommended approval. Zoning Superviso~r Charles Roberts briefed the Council regarding the proposed amendment, noiting that the County's Master Plan indicates Blue Gum Street to be a Primary Arterial; the County will amend its plan of arterial highways to designate Blue Gum Street, south of Miraloma Ave- nue to La Palma as a secondary highway, which will then bring the Master Plan of Arterial Streets and Highways of both agencies into conformance. He concluded his remarks by stating this amendment was warranted and logical, because this street is a key link for the industrial develop- ment between the western portion of the northeast industrial area and the Orange Freeway. Mayor Clark asked if anyone wished to address the City Council. Mr. Karl Sator, representing Tekform Products Company, 2780 Coro- nado Street, indicated his company owns property on Blue Gum and Coronado. He asked what the proposed width of the secondary highway would be, to which Mr. Roberts replied, 90 feet. Mr. Sator then stated his company is planning to begin construc- tion on the Blue Gum Street property in January and asked if the 5 feet of the original 50 feet dedicated to Orange County would revert to them, and if so, would there be a fee involved, and who would be responsible for the relocation of sidewalks and curbs? In reply to Mr. Sator's questions, procedure for abandonment was explained. City Engineer James'P. Maddox stated that the City nor- mally would take care of necessary modifications. Mr. Murdoch called attention to the fact that normally modifi- cation to the Circulation Element upgrades, or widens a street and neces- sary modifications are felt to be the City's obligation to the benefit and in the interest of the general public. In this case, it is a reversed situation in that.modification to the Circulation Element reduces the existing street five feet. In the event the five feet is abandoned it reverts to the adjacent property and relocation of curbs and gutters in order to use this five feet would be to the benefit of the property owner and not that of the general public. For this reason, and before any com- mitment on the part of the City can be made the situation and circumstances must be carefully analyzed. City Attorney Joseph B. Geisler advised that in order to aban- don any portion of the street it must be found to be in the public in- terest, and to narrow a street, and pay the cost thereof, would be very difficult to' legally justify as being in the public interest. Mr. §ator advised that their building program is scheduled to commence in January and they would like to take advantage of the extra five feet of property and incorporate it into the plans. It was noted that in no way could an abandonment proceeding nor variance to the setback requirements be processed in time to meet the January projected building schedule, and the developer should determine if the January date was that critical and if the use of the additional property justified the necessary delay and costs. Also noted was that the problems involving the proposed build- ing were separate from the issue before the Council. 69~781 City' Hall~ Anaheim~ California - COUNCIL MINUTES - December 30, 1969, 1:30 P.M. The Mayor asked if anyone else wished to address the City Council; hearing no response, he declared the hearing closed. RE§OLLTIO~~ NOo 69R-747: Councilman Krein offered Resolution No. 69R-747 for adoption, approving General Plan Amendment No. 117, as recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE GENERAL PLAN DESIGNATED AS AMENDMENT NO. 117. (Blue Gum Street, Miraloma Avenue to La Jolla Street.) Roll Call Vote° AYES- COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT' COUNCILMEN: None The Mayor declared Resolution No. 69R-747 duly passed and adopted. PUBLIC HEARING - AMENDMENT TO TITLE 18: To consider proposed amendment to Chap- ters 18.37, Commercial-Recreation Zone, Chapter 18.38, Commercial-Office Zone, and Chapter 18.40, General Commercial Zone. The City Planning Commission, pursuant to Resolution Nos. PC69-24©, PC69-241 and PC69-242, recommended amendments be approved. Zoning Supervisor Charles Roberts advised that because of the many recent requests for Auto Rental Agencies in the C-R Zone, the Planning Com- mission directed the Staff to set a public hearing to consider changing the Code establishing an Auto Rental Agency as a primary use in the C-R Zone so that these requests could be handled administratively. However, at the pub- lic hearing it was pointed out that if Auto Rental Agencies were established as a primary use they could co-exist with service station operations as a matter of right. Also noted was that many service station sites were not large enough to accommodate both activities. Therefore, it was recommended that Auto Rental Agencies be considered by Conditional Use Permit in the C-R, C-O and C-1 Zones, so that each application could be considered on its individual merits. Mayor Clark asked if anyone wished to address the City Council; hearing no response, he declared the hearing closed. ORDINANCE NO. 2766: Councilman Krein offered Ordinance No. 2766 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.37, CHAPTER 18.38 AND CHAPTER 18.40 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO ZONING. (Auto Rental Agencies - C-R, C-O and C-1 Zones.) PUBLIC HEARING - CONDITIONAL USE PERMIT NO~ 1145: Submitted by Belmont Savings and Loan, to establish a 7-story, 242-bed general hospital, with waiver of maximum building height. Property presently zoned R-A, and located adjac- ent to and south of the Santa Ana River, west of the proposed alignment of Lakeview Avenue, north of the proposed alignment of Riverdale Avenue. (Reso- lution of Intent to R-1 - 67-68-13.) The City Planning Commission, pursuant to Resolution No. PC69-231, granted said conditional use permit, subject to the following conditions: 1. That the owner of subject property shall deed to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along Lakeview Avenue, for street widening purposes. 69-782 C. ity Hall~ Anaheim, California - COUNCIL MINUTES - December 30~ 1969, 1:30 P.M. 2~ That all engineering requirements of the City of Anaheim along Lakeview Avenue, including preparation of improvement plans and installation of all improvements, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in ac- cordance with standard plans and specifications on file in the office of the City Engineer; that street lighting facilities along Lakeview Avenue shall be installed as required by the Director of Public Utilities and in accordance with standard plans and specifications on file in the office of the Director of Public Utilities, and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guar- antee the installation of the above-mentioned requirements. 3. That the owr~er of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Lakeview Avenue, for tree planting purposes. 4. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 5. That fire hydrants shall be installed as required and deter- mined to be necessary by the Chief of the Fire Department. 60 That a parcel map to record the approved division of subject property be submitted to and approved by the City of Anaheim and then be recorded in the office of the Orange County Recorder. 7. That subject property shall be served by underground utili- ties. 8. That drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer, the Orange County Flood Control District, and the Orange County Water District. 9. 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. 10. That all air-conditioning facilities shall be properly shielded from view. 11. That a 6-foot masonry wall shall be constructed along the west property line and the eastern 274 feet of the south property line; and, that a bond be posted with the City to guarantee the installation of a 6-foot masonry wall along the western balance of the south property line, if and when the City deems a wall is necessary in that area. 12. That screen landscaping on 20-foot centers be planted and maintained adjacent to the walls required by Condition No. 11. 13. That Condition Nos. 1, 2, and 3, above mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of 180 days from date hereof, whichever occurs first, or such further time as the Planning Commission or City Council may grant. 14. That Condition Nos. 4, 5, 6, 7, 8, 9, 10, 11, and 12, above mentioned, shall be complied with prior to final building and zoning in- spections. 15. That subject property shall be developed substantially in ac- cordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, and 3. Review of action taken by the City Planning Commission was re- quested by Councilman Dutton and public hearing ordered scheduled, in order that notification could be given to the property owners outside the 300 foot perimeter of subject property but in the vicinity of the proposed hospital~ The City Clerk submitted and read a telegram received this date from John H~ Traband, Executive Director, Comprehensive Health Planning Association, Orange County, wherein it was noted that the proposed hospi- tal had not received endorsement or been reviewed by the Health Facilitie~ and Services Standing Committee of the Comprehensive Health Planning Asso- ciation of Orange County, and requesting postponement of approval of Con- ditional Use Permit No. 1145 until such time as it could be heard by thei~ Association. The City Clerk further reported that a petition in opposition, containing 74 signatures, had been received at 1:10 P.M. this date. She reported that there had not been time to check the location of the addresses in relation to the proposed site. 69-783 City Hall, Anaheim, California - COUNCIL MINUTES - December 30, 1969.~ 1:30 P.M. Councilman Pebley questioned whether this organization was the sa.me that had protested the construction of the last three hospitals, addimg that investigation had shown that some of their board members held stock other hospitals. He stated that if this matter was continued on the basis of this request', he wanted a full list of names, addresses, and locations of all persons on the committee. City Attorney Joseph B. Geisler commented that before taking action on this request for continuance the Council should note that this group was apparently notified of the Planning Commission hearing, that the plans for the hospital had been forwarded to them in November, that they neither made comments nor objections or requested to review the plans. He noted this m~t- ter had been approved by the Planning Commission, no objection or protest ever having been entered by this group. He further added that according to his information, technically this agency does not come into formal existence until January 1, 1970 and, therefore, it does not even formally exist at this time. He concluded his remarks by stating that legally this group has very little right to appear or request to appear on this particular applica- tion at this late date. Council discussion ensued, at the conclusion of which it was de- termined the matter not be held over. Zoning Supervisor Charles Roberts reviewed the location of subject property, uses established in close proximity, and existing zoning. He noted that the Anaheim General Plan of 1969 designates this area as appropriate for low density residential development, with a neighborhood shopping center in the vicinity of the intersection of Riverdale and Lakeview Avenues. The Planning Commission reviewed the application and recommends approval. Mayor Clark asked if anyone wished to address the City Council. Mr. Gordon L. Bricken, President, Community Systems Consultants, Agents for the owner, appeared before the Council and explained the think- ing behind the selection of the subject property at Lakeview and Riverdale Avenues. He noted that several years ago the Applicants had submitted a request to construct a hospital at La Palma Avenue and Jefferson Street, whic~ was denied by the Council, based on the feeling that this was not a logical location for the facility and it should be moved further east. Mr. Bricken then stepped to the General Plan map posted on the west wall of the Council Chambers and noted that Lakeview and Riverdale Ave- nues are projected as major arterial highways and this intersection is one of three permitted on the Riverside Freeway. This to them assures adequate access and acceptability of the facility. The General Plan indicates that this area is proposed for other than single-family residences. Mr. Bricken continued by stating that the use proposed appeared to be appropriate for the location on the basis that the ultimate population projections for this area indicated a definite need for a general hospital to serve the medical needs of this population. He noted that it was anti- cipated the total need for the entire area would be 240 beds; that it was presently estimated that 126 beds would be needed initially; that it was presently planned to construct a shell of the entire building initially and equip the upper stories as there is a demand. With the aid of plot plans posted on the exhibit wall, Mr. Bricken noted that the building and site were designed so as to minimize interference with the residential properties; that the location of the structure at the east end of the property will have access to Lakeview Avenue only. Mr. Bricken concluded his remarks by submitting for the records a letter addressed to the Comprehensive Health Planning Association, dated November 7, ~, prior to the hearing before the City Planning Commission, wherein tb. ey were advised of the proposed hospital. May'or Clark asked if anyone else wished to address the City Council. 69-784 city Hall, Anaheim~ California, - CO_UNCIL MINUTES - December 30.~ 1969~ 1:30 P.}[. Mr. Art C. Modell, 4830 Santa Ana Canyon Road, Anaheim, stated that he was not opposed to the hospital, however, he was concerned with the traffic problems that might be generated. plan. Mayor Clark asked if anyone wished to speak in opposition to the Mr. Robert F. Birambley, 331 North Starfire Street, addressed the Council in opposition to the proposed hospital, noting that in 1965 the City Council and City Planning Commission adopted a Hill and Canyon General Plan, in which the subject area was designated for a neighborhood shopping center. He remarked that the residents of the area were not ob- jecting to the construction of a hospital in the Canyon, but to a 7-story building being erected in an area that is now single or two-story private residences or schools. That by approval of this request the way would be open for the construction of other high-rise buildings, all-night gas sta- tions, restaurants, etc., which is not now within the meaning of the Gen- eral Plan for a neighborhood shopping center. Mr. Brambley concluded his remarks by asking that the developers seek an area north of the River, or in the area projected on the General Plan for professional buildings. tion. Mayor Clark asked if anyone else wished to be heard in opposi- Mr. Tony Barksdale, 415 Manti Drive, appeared in opposition, stating it was his opinion that the construction of a hospital, with the accompanying businesses would create a traffic problem and hazard to the children in the area. Further, the construction of a 7-story building would be an eyesore in an area especially designed for single-family resi- dential use. Mrs. Naomi Owenby, 338 Starfire Street, addressed the Council in opposition to the proposed hospital, commenting that it would increase an already existing traffic problem and create an added noise factor. In rebuttal, Mr. Bricken emphasized that Lakeview and Riverdale Avenues are 4-lane highways and will probably be very heavily traveled; therefore, the construction of a hospital at this location will neither affect the traffic nor add to the noise generated by these major arterial highways. He commented that the property owner directly adjacent to the west of the site appeared before the Planning Commission in support of the proposal. He summarized by mentioning that the height of the building would not be an eyesore, the site selected and the design of the building will purposely minimize the height. Mayor Clark asked if this would be a 24-hour hospital, to which he received an affirmative reply. He then asked Mr. Bricken if the Appli- cants were in accord with the recommendations of the City Engineer with regard to access to Lakeview, to which Mr. Bricken replied that all con- ditions recommended were acceptable to them. Mayor Clark asked if anyone else wished to be heard. Mr. L.A. Muckenthaler addressed the Council, commenting that in his opinion a hospital was needed in this area, it would be a useful addition, and give a feeling of security. Mr. Donald Douglas addressed the City Council, commenting that in his opinion this facility would be a fine addition to the City of Ana- heim. He related a personal emergency situation which had occurred ap- proximately one year ago, at which time he went to 5 different hospitals prior to locating a doctor in attendance, and asked if this facility would have a doctor in attendance 24-hours a day, 7 days a week. 69-785 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 30.~ 1969, 1:30 P.M. Dr. Daniel Ninburg, representin8 the medical staff of the proposed hospital, replied in the affirmative. It was determined that sufficient evidence had been presented; there- upon Mayor Clark declared the hearing closed. RESOLUTION NO. 69R-748: Councilman Krein offered Resolution No. 69R-748 for adoption, granting Conditional Use Permit No. 1145, subject to the conditions recommended by the City Planning Commission, adding thereto Condition No. 16, reading "That driveway location be as shown on Exhibit No. 2, or as may be subsequently approved by the City Engineer." Prior to vote on the above, Councilman Schutte remarked he did not oppose the hospital, however, he felt the matter should be continued until such time as a complete report from the Comprehensive Health Planning Associa- tion of Orange County could be submitted. Councilman Clark concurred with Councilman $chutte's remarks, stating he would have to vote against the issue because he felt it was in the best interest of the people to have a complete report prior to consideration. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE' CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1145. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein and Pebley NOES: COUNCILMEN: Schutte and Clark ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-748 duly passed and adopted. PUBLIC DANCE PERMIT: Application filed by Mrs. Concha C. Flores, on behalf of Sociedad Progresis~a. Mexicana No. 33, for permit to conduct public dance on January 25, 1970, at Carpenters Hall, 608 West Vermont Avenue, was sub- mitted and granted, subject to the provisions of Chapter 4.16 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Council- man Dutton, seconded by Councilman Krein. MOTION CARRIED. PUBLIC DANCE PERMIT: Application filed by C. Vernon Wright, for permit to conduct a public dance to be held on December 31, 1969, at the Smoke Tree Restaurant, 1410 South Harbor Boulevard, was submitted and granted subject to provisions of Chapter 4.16 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Krein, seconded by Councilman Dutton. MOTION CARRIED. REQUEST - DELETION OF INTERIOR WET STANDPIPES AND FIRE HOSE CABINETS: Request of Mr. George Ames, General Manager, Mayer Construction Company, Inc., 8020 East Second Street, Downey, California, was submitted requesting permission to omit all wet standpipes and fire hose cabinets from Lincoln #1 - 127-unit motel at 2638 West Lincoln Avenue, and Lincoln ~2 - 235-unit motel at 3360 West Lincoln Avenue, together with report of the Development Services Department, and the Anaheim Building and Fire Departments, recommending approval. It was moved by Councilman Dutton, seconded by Councilman Pebley, that said request be granted. MOTION CARRIED. RECLASSIFICATION NO. 68-69-96 - EXTENSION OF TIME: Request of Mr. Howard B. Bore- ham, 1541Wilshire Boulevard, Los Angeles, was submitted for a 6-month exten- sion of time on Reclassification No. 68-69-96, together with report of the Development Services Department and the City Engineer, recommending said ex- tension. On motion by Councilman Dutton, seconded by Councilman Krein, a 6- month extension of time was granted, to expire June 24, 1970. MOTION CARRIED. 69-786 City Hall, Anaheim~ California~- COU.NCIL MINUTES - December 30, 19~9~ J:30 P.1.~. ORANGE COUNTY USE VARIANCE NO.~6358: Requesting permission to waive required setback on Lincoln Avenue, approximately 810 fee~ west of Brookhurst Street, to erect a free-standing, double-faced sign extending into the public right-of-way on Lincoln Avenue; and to expand an existing 232-unit apart- ment development with 32 additional units, at property located on the south side of Lincoln Avenue was submitted. Also submitted was the City Planning Commission's recommendation that said Variance be denied on the basis that the surrounding properties have been developed for commercial purposes; that all properties develop- ing along Lincoln Avenue in the City of Anaheim have'been required to maintain the 35-foot building or structural set'back;that the numeroUs variances from the Site Development Standards of the city of Anaheim's Multiple-Family Residential Zone would indicate that the petitioner was over-developing the property; and that a free-standing, double-faced sign was proposed which far exceeded the area of that permitted to advertise apartments in the City, The City Planning Commission's recommendations were sustained, and ordered forwarded to the Orange County Planning Commission for their information, on motion by Councilman Dutton, seconded by Councilman Krein. MOTION CARRIED. ORANGE COUNTY USE VARIANCE NO. 6363: Requesting permission to erect a double- faced billboard in the CoUnty "Local Business" District, 44 feet, 6 inches high, on property located on the south side of Lincoln Avenue, approxi- mately 1,270 feet west of the centerline of Brookhurst Street (Pacific Outdoor Advertising Company) was submitted. Also submitted was the City Planning Commission's recommenda- tions that said variance be denied, on the basis that the billboard was proposed within 20 feet of the ultimate right-of-way along Lincoln Ave- nue, whereas other developments have been required to comply with 35-foot setback; that the billboard was not located within 200 feet of the inter- section of 2 highways; that the proposed sign was approximatelY 18 feet higher than permitted; that no evidence of hardship had been proven as to location, size, nor that height of the billboard was necessary to enjoy a substantial right not enjoyed by adjoining properties. The City Planning Commission recommendations were sustained and ordered forwarded to the Orange County Planning Commission for their in- formation, on motion by Councilman Dutton, seconded by Councilman Clark. MOTION CARRIED. ORANGE COUNTY USE VARIANCE NO 6364: Requesting permission to establish a truck storage yard, manufacturing facilities to manufacture truck beds, and a sanitary landfill operation, on property located at the southeast corner of Kraemer Boulevard and Frontera Street (Gialenes Truck and Equip- ment Company) was submitted, together with City Planning Commission recom- mendations that said variance be approved, subject to certain conditions, these being: 1. That a six-foot high chainlink fence be installed along Kraemer Boulevard and Frontera Street. 2. That landscaping of sufficient height and depth be planted to the rear of the 6-foot chainlink fence to shield the vehicle storage and manufacturing operation from view from Kraemer Boulevard and Frontera Street; said landscaping to be similar to that required by the County for the trash transfer station located at Katella Avenue and Douglas Road. 3. That a time limitation of three years be granted for the proposed use, subject to review at the end of said time to determine if an additional period of time shall be granted. The City Planning Commission's recommendations were sustained and ordered forwarded to the Orange County Planning Commission for their information, on motion by Councilma~'~ Dutton, seconded by Councilman Pebley. MOTION CARRIED. 69-787 City Hall~ Anaheim, California - COUNCIL MINUTES - December 30~ !9~9, 1:30 P.M. FINAL ACCEPTANCE - PUBLIC IMPROVEMENT CONTRACTS: Upon receipt of certification from the Director of Public Works, Councilman Krein offered Resolution Nos. 69R~749 to 69R-752, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 69R-749 - WORK ORDER NO. 565-A: 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 PER- FORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE LA PALMA-BROOKHUR§T STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 565-A. (Griffith Company.) RESOLUTION NO. 69R-750 - WORK ORDER NO. 568-A: 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 PER- FORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF KATELLA AVENUE FROM KATELLA WAY TO APPROXIMATELY 450 FEET WEST OF KATELLAWAY, IN THE CITY OF ANAHEIM, WORK ORDER NO. 568-A. (R.J. Noble Company.) RESOLUTION NO. 69R-751 - WORK ORDER NO. 569-B: 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 PER- MANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT~~ FURNISHING AND INSTALLING OF RADIO TELEPHONE INTER- CONNECT OF EUCLID STREET TRAFFIC SIGNALS AT ROMNEYA DRIVE AND WESTMONT DRIVE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 569-B. (Smith Electric Company.) RESOLUTION NO. 69R-752 - WORK ORDER NO. 563-A: 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 PER- FORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF DALE AVENUE, FROM APPROXIMATELY 132 FEET SOUTH OF WESTHAVEN DRIVE TO APPROXIMATELY 279 FEET SOUTH THEREOF, AND FROM APPROXIMATELY 370 FEET NORTH OF BALL ROAD TO APPROXIMATELY 188 FEET NORTH THEREOF, IN THE CITY OF ANAHEIM, WORK ORDER NO. 563-A. (Sully- Miller Contracting Company.) Roll Call Vote. AYES' COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution Nos. 69R-749 to 69R-752, both inclu- sive, duly passed and adopted. RESOLUTION NOo 69R-753 - WORK ORDER NO. 1220' Councilman Krein offered Resolution No. 69R-753 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMIN- ING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COM- PLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE SANTA ANA CANYON ROAD-CRESCENT DRIVE SEWER IMPROVEMENT, APPROXIMATELY 6 FEET EAST OF CERRO VISTA DRIVE TO APPROXIMATELY 300 FEET EAST OF PERALTA HILLS DRIVE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1220. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH ~AID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CL~RK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THERi~OF. (Bids to be Opened January 22, 1970, 2:00 PoM.) 69-788 C.i. ty Hall~ Anaheim~ Cali£ornia - COUNCIL MINUTES - December 30, 1969~ 1'30 P.~'I. Roll Call Vote' AYES' COUNCILMEN: Dutton, Krein, §chutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declaired Resolution No. 69R-753 duly passed and adopted. PROPOSED ABANDONMENT - RESDLUT]ION NO. 69R-754' Councilman Clark offered Reso- lution No. 69R-754 for adoption Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON AN EASEMENT FOR PUBLIC UTILITY PURPOSES OVER, UNDER AND ACROSS THE HEREINAFTER DESCRIBED REAL PROPERTY, FIXING A TIME AND PLACE FOR HEARING THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION. (69-22A - Public Hearing January 20, 1970, 1:30 P.M.) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-754 duly passed and adopted. Councilman Krein left the Council Chambers (3:10 P.M.). CANCELLATION OF COUNTY TAXES: On motion by Councilman Pebley, seconded by Councilman Dutton, 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-200, recorded April 8, 1969, as Document No. 9876, in Book 9164, at Page 528, Official Rec- ords of Orange County, California. (Philip O. Vulliet and Evelyn D. Vulliet property.) MOTION CARRIED. RESOLUTION NO. 69R-755 - GRANT DEED: Councilman Dutton offered Resolution No. 69R-755 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR MUNICIPAL PURPOSES. (Orange County Water District - Lakeview Avenue Fire Station Site,) Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, Pebley and Clark NOES: COUNCILMEN: None TEMPORARILY ABSENT: COUNCILMEN' Krein ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-755 duly passed and adopted. Councilman Krein returned to the Council Chambers (3:15 P.M.) RESOLUTION NO. 69R-756.~- DEED OF _EASEMENT: Councilman Pebley offered Resolu- tion No. 69R-756 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY CiOUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN EASEMENT DEED AND OF THE ROAD AGREEMENT IN CONNEC- TION THEREWITH. (County of Orange) 69-789 City Hall~ Anaheim, California - COUNCIL MINUTES - December 30~ 1969~ 1:30 P.M. Roll Call Vote' AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None AB SENT~ COUNCILMEN: None The Mayor declared Resolution No. 69R-756 duly passed and adopted. PURCHASE: On report and recommendation of the City Manager, Councilman Clark moved that the cost of Southern California Edison Company's additions and/or extensions to the Electric Distribution Facilities in Condemnation Area No. 4 from date of inventory, March 23, 1966, to final date of Anaheim cutover -. .... and acquisition, October 2, 1968, in accordance with paragraph 1 of Agreement dated January 30, 1968 between City of Anaheim and Southern California Edison Company, in the amount of $30,315.62 be authorized. Councilman Dutton seconded the motion. MOTION CARRIED. CLAIMS AGAINST THE CITY: On motion by Councilman Pebley, seconded by Councilman Dutton, the following claims were denied, as recommended by the City Attorney, and ordered referred to the insurance carrier: a. Claim submitted by James G. Quinn, Jr. and Vivian Quinn, Attor- neys at Law, on bh~alf of Douglas Eo Blincow, for purported personal injury damages sustained on or about September 8, 1969, arising out of a collision which occurred at the intersection of Blue Gum Street and Miraloma Avenue, purportedly caused by the City's failure to provide proper,~traffic warnings and lighting at th~ int~sp~tion. b. Claim submitted by James ~ Quinn, Jr. and Vivian Quinn, Attor- neys at Law, on behalf of James Donald Rowen, for purported personal injury damages sustained on or about September 8, 1969, arising out of a collision which occurred at the intersection of Blue Gum Street and Miraloma Avenue, purportedly caused by the City's failure to provide proPe~traf~i¢ warnings and lighting at~th~s Tnter~setion. ¢. Claim submitted by James G. Quinn, Jr. and Vivian Quinn, Attor- neys at Law, on behalf of Robert and Margal Harkness, for the purported wrong- ful death of their daughter, Bonnie Harkness, on or about September 8, 1969, arising out of a collision which occurred at the intersection of Blue Gum Street and Miraloma Avenue, purportedly caused by the City's failure to provide proper traffic warnings and lighting at said intersection. d. Claim submitted by J. Monk, Chief Special Agent of the Pacific Telephone and Telegraph Company, for purported personal property damages sus- tained on or about October 26, 1969, caused by the failure of a fuse holder. MOTION CARRIED. CORRESPONDENCE- The following correspondence was ordered received and filed, on motion by Councilman Dutton, seconded by Councilman Krein: 20, 1969. a. Minutes - Anaheim Public Library Board, November 17, 1969. b. Minutes - Anaheim Parks and Recreation Commission, November MOTION CARRIED. ORDINANCE NOo 2761: Councilman Krein o~ered Ordinance No. 2761 ~or adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.38 AND 18.40 OF THE ANAHEIM MUNICIPAL CODE BY THE ADDITION OF SECTIONS 18.38.050 (4) (A-6) AND 18.40.070 (4-a) (1-d) o (Parking Requirements - High Rise.) Roll Call Vote. AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 2761 duly passed and adopted. 69-790 City Hall, Anaheim~ ~aI,lf°rnia. - COUNCIL MINUTES - December 30~... 1969)..1:30 P M. ORDINg2q'CE NO. 2763 :.:,.,,,,, ,~ :Councilman Dutton offered Ordinance No. 2763 for adoption. Refer to Ordinance Book. AN ORDINANCE 0F'~TtiE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIFAL CODE ~TING TO ZONING. (66-67-61(37) - C-R) Ro'iI~ C~i Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COU~I~C ILM~N: None ABSENT! O~CILMEN: None The Mayor declared Ordinance No. 2763 duly passed and adopted. ORDINANCE NO, 2765~ COUncilman Shhutte offered Ordinance No. 2765 for adoption. Refer to Ordinance Book. AN ORDINANCE OF NE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIFAL CODE~RELATING TO ZONING. (56-57-76(2) - M-l) Roll Call Vote. AYES~ COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT! COUNCILMEN: None The Mayor declared Ordinance No. 2765 duly passed and adopted. ORD~.NANCE NO. 2767~ Councilman Pebley offered Ordinance No. 2767 for first reading. AN ORDINANCE OF 'THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69(36) - M-l) · ORDINANCE NO, 2768~ ~un¢ilman Pebley offered Ordinance No. 2768 for first reading,, AN ORDINANCE ~OF .THE CITY OF ANAHEIM AMENDING TITLE 15, BY ADDING THERETO CHAPTER 15.60, SECTION 15.60.010. (Delay of Building Fees and Permits.) ORDINANCE, NO. 2769.; Councilman Pebley offered Ordinance No. 2769 for first ~eading, O8 AN ORDINANCE 0F T{{E CITY OF ANAHEIM AMENDING TITLE 17, CHAPTER 17,8Y, BY ADDING THMRETQ SECTION 17.8~.407. (Delay of Building Fees and Permits.) '~"~ 08 ,_. ALCOHOLIC BEVERAGE ~.~E APPLICATION: Application submitted by Robert James Vtlleneuve, foaling{f-Sale Beer' and Wine, Person-to-Person Transfer, for Seven-Eleven Market No, 481-213, located at 239 South Magnolia Avenue, was submittad for Council information~ No {%~t.her Council action was taken. RESOLUTION NO, 69R-{57f On report and recommendation of the City Manager, Coun- cilma~ Krein o~fe~ed Resolution No. 69R-757 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE UTILITIES DIRECTOR TO EXECUTE AGREEMENTS WITH DE~ELOPERS FOR THE MEDALLION "LIVE BETTER ELECTRICALLY" PROGRAM AND RELATED PROGRAMS. Roll Call Vote: 69R-791 _City Hall, Anaheim~ California - COUNCIL MINUTES - December 30, 1969~ ...1:_3..0 P.M... AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-757 duly passed and adopted. SETTLEMEN'T FOR FULLERTON JUNIOR COLLEGE/FRESNO CITY COLLEGE CHAMPIONSHIP FOOTBALL GAME: On report and recommendation of the City Manager, Councilman Pebley moved that the settlement of contract for use of Anaheim Stadium on the postpone- ment of the Fullerton Junior College/Fresno City College Championship Foot- ball Game, "fogged out" December 13, 1969, rescheduled and played December 14, 1969, be ratified as outlined by Thomas F. Liegler, Director of the Ana- heim Stadium. Councilman Dutton seconded the motion. MOTION CARRIED. LEAGUE OF CALIFORNIA CITIES - EXECUTIVE MEETING: Councilman Clark reported that at the January 8, 1970 meeting of the Orange County Chapter, League of Cali- fornia Cities, the matter of the expansion of the Harbor District to include parks and recreational facilities would be acted upon. He stated he was in accord with this approach, and requested Council's authorization to support same. On motion by Councilman Schutte, seconded by Councilman Krein, Mayor Clark was authorized to support the expansion of the Orange County Harbor District, as outlined. MOTION CARRIED. .ORRICK, HERRINGTON~ ROWLEY AND SUTCLIFFE: City Attorney Joseph B. Geisler re- ported that the Law Offices of Orrick, Herrington, Rowley and Sutcliffe have advised they represent the defendants in the pending Restraint of Trade Liti- gation, to which the City of Anaheim is a party. He remarked that this could mean a possible conflict of interest, inasmuch as this firm represents the City of Anaheim in connection with the Anaheim Stadium. (City of Santa Ana vs. Rockwell Manufacturing Company°) ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Schutte seconded the motion. MOTION CARRIED. ADJOU!I.~ME D: 3: 40 P.M. City Clerk