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1968/01/30 68-48 City Hall. Anaheim. California - COUNCIL MINUTES - January 23. 1968. 1:30 P.M. ADJOURNMENT: motion. Councilman Chandler moved to adjourn. MOTION CARRIED. Councilman Dutton seconded the ADJOURNED: 4:25 P.M. SIGNED 4 ' ~ ?~~~~~;- City Clerk -'-'" City Hall. Anaheim, California - COUNCIL MINUTES - January 30. 1968. 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESEltT: COUNCILMEN: Dutton, Krein, Schutte, Chandler and Pebley COUNCILMEN: None CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph Geisler CITY CLERK: Dene M. Williams ASSISTANT DEVELOPMENT SERVICES DIRECTOR: Robert Mickelson ZONING SUPERVISOR: Ronald Thompson ASSISTANT CHIEF BUILDING INSPECTOR: Lester King FIRE MARSHAL: Bob Phillips Mayor Pebley called the meeting to order. INVOCATION: Reverend Stanley Herber, of the Free Methodist Church, gave the Invocation. FLAG SALUTE: Councilman Schutte led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATION: Mayor Pebley proclaimed February 26 through March 3, 1968, as "Heart Sunday Week," and the month of February as "Heart Month." Said Proclamation was unanimously ratified by the City Council. PROCLMIA.TION: Mayor Pebley proclaimed February 15, 1968, as "Bay Area Recog- ni tion Day." MINUTES: Minutes of the Anaheim City Council meetings held January 9 and l6, 1968, were approved, on motion by Councilman Krein, seconded by Councilman Dutton. Councilman Dutton abstained from voting on the minutes of January 9. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman putton 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. K)TION UNANIMOUSLY CARRIED. o J n~. . '>t..,_ 68-49 City Hall. Anaheim. Ca1ifornia- COUNCIL MINUTES - January 30. 1968. 1:30 P.M. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $1,350,439.44, in accordance with the 1967-68 Budget, were ap- proved. n PUBLIC HEARING - RECLASSIFICATION NO. 67-68-42. CONDITIONAL USE PERMIT NO. 988. AND VARIANCE NO. 1935: Submitted by Dick Ables, Leonard Smith and Frank Clayton, Jr., requesting change of zone from R-l to C-l, and permission to establish a service station within 75 feet of a residential zone, (Portion No.1 only), and permission to erect two free-standing signs with waiver of minimum dis- tance permitted between free-standing signs, (Portion Nos. 1 and 2); pro- perty briefly described as located on the east side of Euclid Street, be- tween Cerritos Avenue and Mells Lane. Pursuant to request dated January 19, 1968, from Warren C. Le Febvre, Authorized Agent, requesting 90-day continuance, it was moved by Councilman Dutton, seconded by Councilman Schutte, that public hearing on the foregoing applications be continued to April 30, 1968. MOTION CARRIED. PUBLIC HEARING - RECLASSIFICATION NO. 67-68-43: Submitted by Minoru Shiota and Charlie N. Brock, requesting change of zone from R-A to R-2; property briefly described as located at the northeast corner of Western and Orange Avenues, and north of the Orange County Flood Control Channel. The City Planning Commission, pursuant to Resolution No. PC68-6, recommended approval of said reclassification, subject to the following conditions: n 1. That a Final Tract Map of subject property be approved by the City Council and recorded in the office of the Orange County Recorder. 2. That the owner of subject property shall pay to the City of Anaheim the sum of $25.00 per dwelling unit, to be used for park and rec- reation purposes, said amount to be paid at the time the building permit is issued. Zoning Supervisor, Ronald Thompson, noted the location of subject property and the existing uses and zoning in the immediate area. He sum- marized the evidence submitted to and considered by the City Planning Com- mission, noting that the existing street pattern in the area was to be con- tinued, and the R-2 zoning was in conformance with projections on the General Plan. Mayor Pebley asked if the applicants wished to address the City Council. A representative of the petitioners advised that they would an- swer any questions and desired to reserve the right of rebuttal. The Mayor asked if anyone else wished to address the City Council, for or against subject reclassification, there being no response, declared the hearing closed. RESOLUTION NO. 68R-62: Councilman Schutte offered Resolution No. 68R-62 for adoption, authorizing preparation of necessary ordinance changing the zone as requested, subject to the recommendations of the City Planning Com- mission. n Refer to Resolution Book. A RESOLUTION 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. (67-68-43 - R-2). 68-50 City Hall. Anaheim. California - COUNCIL MINUTES - January 30. 1968. 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Chandler and Pebley None None The Mayor declared Resolution No. 68R-62 duly passed and adopted. PUBLIC HEAlING - RECLASSIFICATION NO. 67-68-44 (TENTATIVE TRACT NO. 6163. REVISION NO. l): Submitted by Minoru Shiota and Charlie N. Brock, requesting a change of zone from R-A to R-2, 5,000; property described in Reclassification No. 67-68-43, located at the northeast corner of Western and Orange Avenues, north of the Orange County Flood Control Channel. The City Planning Commission, pursuant to Resolution No. PC68-7, recomaended approval of said reclassification, subject to the following con- di tion: l. That a Final Tract Map of subject property be approved by the City Council and recorded in the office of the Orange County Recorder. Mayor Pebley asked if anyone wished to address the City Council, for or against subject reclassification, there being no response, declared the hearing closed. RESOLUTION NO. 68R-63: Councilman Schutte offered Resolution No. 68R-63 for adoption, authorizing preparation of necessary ordinance changing the zone as requested, subject to the recommendation of the City Planning Com- mission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMIN- ING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (67-68-44- R-2, 5,000). Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Chandler and Pebley None None The Mayor declared Resolution No. 68R-63 duly passed and adopted. RESOLUTION NO. 68R-64: On the recommendations of the City Attorney, Council- man Chandler offered Resolution No. 68R-64 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PRO- CEEDINGS IN CONNECTION WITH RECLASSIFICATION NO. 67-68-43. Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Chandler and Pebley None None The Mayor declared Resolution No. 68R-64 duly passed and adopted. TENTATIVE MAP - TRACT NO. 6l63. REVISION NO. l: Developer, William I. Rousey; tract located at the northeast corner of Orange and Western Avenues, extend- ing easterly along the Orange County Flood Control Channel, and contains 39 proposed R-2, 5,000 zoned lots. n Q o 68-51 City Hall. Anaheim. California - COUNCIL MINUTES - January 30. 1968. 1:30 P.M. The City Planning Commission, at their meeting held January 3, 1968, approved said Tentative Map, subject to the following conditions: n 1. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 2. That the approval of Tentative Map of Tract No. 6163, Revi- sion No.1, is granted subject to the approval of Reclassification No. 67-68-44. 3. That the vehicular access rights, except at street and/or alley openings to Orange and Western Avenues, shall be dedicated to the City of Anaheim. 4. That in accordance with City Council policy a 6-foot masonry wall shall be constructed on the southerly and westerly property lines separating Lot Nos. land 32 through 39 and Orange and Western Avenues, except that corner Lot Nos. 1 and 39 shall be stepped down to a height of thirty inches in the front yard setback, and except that pedestrian open- ings shall be provided in said walls where cul-de-sacs abut the planned highways right-of-way line of an arterial highway. Reasonable landscap- ing, including irrigation facilities, shall be installed in the uncemented portion of the arterial highway parkway the full distance of said wall, plans for said landscaping to be submitted to and subject to the approval of the Superintendent of Parkway Maintenance. Following installation and acceptance, the City of Anaheim shall assume the responsibility for main- tenance of said landscaping. 5. That all lots within this tract shall be served by under- ground utilities unless release from this requirement is granted, in writ- ing, by the Public Utilities Director. 6. That a 6-foot chainlink fence shall be constructed along the southeasterly property line where lots are adjacent to the Orange County Flood Control Channel. 7. That Street "A" shall be named Bridgeport Avenue, and that Street "B" shall be named Bridgeport Way. n Councilman Krein moved that Tentative Map, Tract No. 6163, Revi- sion No.1, be approved, subject to the recommendations of the City Plann- ing Commission. Councilman Dutton seconded the motion. MOTION CARRIED. PUBLIC HEARING - RECLASSIFICATION NO. 67-68-45 AND CONDITIONAL USE PERMIT NO. 993: Submitted by Demetriou and Del Guercio, requesting a change of zone from R-A to C-1, and permission to establish a swimming pool showroom and dis- play area with waiver of required 6-foot masonry wall (Portion No. 1 only); property located on the west side of Manchester Avenue, south of the center- line of Orangewood Avenue. The City Planning Commission, pursuant to Resolution No. PC68-8, recommended approval of said reclassification, subject to the following condi tions: n l. That street improvement plans shall be prepared and all en- gineering requirements of the City of Anaheim along Manchester Avenue, such as curbs and gutters, sidewalks, street grading and paving, drainage facili- ties, or other appurtenant work shall be completed as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guaran- tee the installation of said engineering requirements. 2. That the owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Manchester Avenue, for street lighting purposes. 3. That the owners of subject property shall pay to the City of Anaheim the sum of l5~ per front foot along Manchester Avenue, for tree planting purposes. 4. That a Parcel Map to record the approved division of subject property be submitted to the City of Anaheim for approval and then be re- corded in the office of the Orange County Recorder. 68-52 City Hall. Anaheim. California - COUNCIL MINUTES - January 30. 1968. 1:30 P.M. 5. That trash storage areas shall be provided in accordance with. approved plans on file with the office of tbe Director of Public Works. 6. That any air-conditioning facilities proposed shall be properly shielded from view. 7. That all external lighting shall be directed downward and away from abutting property lines. 8. That Condition Nos. 1, 2, 3, and 4, above mentioned, shall be complied with within a period of 180 days from date hereof, or such further 1._..,.. time as the City Council may grant. . 9. That Condition Nos. 5, 6, and 7, above mentioned, shall be com- plied with prior to final building and zoning inspections. Pursuant to Resolution No. PC68-9, the City Planning Commission granted said Conditional Use Permit, subject to the following conditions: 1. That this Conditional Use Permit is granted subject to the com- pletion of Reclassification No. 67-68-45. 2. That subject property shall be developed substantially in accord- ance with plans and specifications on file with the City of Anaheim, marked Ex- hibit Nos. 1 and 2. Mr. Thompson noted the location of subject property and the existing uses and zoning in the immediate area, summarizing the evidence submitted to and considered by the City Planning Commission. The Mayor asked if anyone wished to address the City Council, for or against subject reclassification and conditional use permit, there being no response, declared the hearing closed. RESOLUTION NO. 68R-65: Councilman Dutton offered Resolution No. 68R-65 for adoption, authorizing preparation of necessary ordinance changing the zone, as requested~ subject to the recommendations of the City Planning Commission. Refer to Resolution Book. n A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMIN- ING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (67-68-45- C-1) . Roll Call Vote: AYES: NOES: ABSENT: COUNCIUfEN: COUNCIUfEN: COUNCIlMEN: Dutton, Krein, Schutte, Chandler and Pebley None None The Mayor declared Resolution No. 68R-65 duly passed and adopted. RESOLUTION NO. 68R-66: Councilman Dutton offered Resolution No. 68R-66 for adoption, granting Conditional Use Permit No. 993, subject to the recommenda- tions of the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 993. Roll Call Vote: n AYES: NOES: ABSENT: COUNCILMEN: COUNCIUfEN: COUNCILMEN: Dutton, Krein, Schutte, ChancIer and Pebley None None The Mayor declared Resolution No. 68R-66 duly passed and adopted. 68-53 City Hall. Anaheim. California - COUNCIL MINUTES - Januarv 30. 1968. 1:30 P.M. RAPID TRANSIT SYSTEM: The following was submitted relative to a rapid transit system in Anaheim: r A. ANAHEIM RAPID TRANSIT SYSTEMS, INC.- Pursuant to request of A.R.T.S. to further consider application for a rapid transit franchise, originally presented December 24, 1963, (DARTS) and Resolution No. 67R-50l, duly published in the Anaheim Bulletin September 7, 1967, public hearing was held before the City Council October 3, 1967, and continued to Decem- ber 5, 1967, at which time said hearing was closed and decision continued to December 19, 1967, January 9, 1968, and to this date for possible re- wording of certain sections of required ordinance granting said franchise. Letter of opposition from J.W. Mullin, Personal Conveyor, received December 19, 1967. B. REQUEST FOR FRANCHISE - J. W. MULLIN, PERSONAL CONVEYOR RAPID TRANSIT SYSTEMS. Continued from December 19, 1967, January 9, 1968, and to this date. C. SPELLMAN AIR RAIL - OFFERING DEMONSTRATION OF THE SPELLMAN AIR RAIL SYSTEM. D. REQUEST FOR FRANCHISE AND PUBLIC HEARING, JANUARY 30. 1968 - UNIVERSAL DESIGN LIMITED. E. HAMER RAPID TRANSIT SYSTEM - REQUEST OF RICHARD ATKINSON for permission to present the Hamer Rapid Transit System before decision is made on the type of transit to be used. n Councilman Krein advised that due to the number of proposals pre- sented to the City, in his opinion the proposal fora rapid transit system was premature. Further, under present circumstances, he would disapprove of a forty-year franchise to anyone. Reference was made to conversation with the late Walt Disney, and Councilman Krein reported that Mr. Disney disapproved of any transportation system tying in with the Disneyland system, nor did he feel Anaheim was ready for such a system. It was Councilman Krein's op~n~on that the systems so far presented were "Amusement Park Rides," and if a system is to be considered, it should be one extending beyond the Anaheim City Limits, into Los Angeles and beyond, tying into the system they, or other cities and counties may eventually de- velop. Councilman Dutton felt it unnecessary to look to Los Angeles or anywhere else for leadership in this field, and noted that the granting of the franchise would provide for a feasibility study which, in all probabil- ity, would consider tying in to other types of systems. Councilman Schutte agreed with the position taken by Councilman Krein, with reference to a forty-year franchise, and also questioned the advantage of a system transporting passengers only within Anaheim. Reference was made to franchises granted to railroad companies which, it was noted, were not granted to one company, but to all. n Mayor Pebley requested an opinion from the City Manager regard- ing the forty-year period of a franchise. Mr. Murdoch advised, according to his understanding, the proposed ordinance was worded so that it is not an exclusive franchise. Mr. Murdoch felt the question that must be decided by the City Council was '~at would a transportation system of the nature proposed by those requesting the franchise do for the City of Anaheim and its citizenry." 68-54 Cit Hall Anaheim California - COUNCIL MINUIES - Januar 30 1968 1: 30 P.M. Councilman Krein questioned the advantage of granting a "non-exclusive franchise." Mr. Murdoch advised that the advantage to the franchise holder would be in the area of obtaining necessary rights-of-way. Councilman Chandler, in questioning the forty-year period proposed in the franchise, called attention to the term of franchise granted to the l Bell Telephone Company, Southern Counties Gas Company, and othe~.. He was of ; . the opinion that the forty years was only.a.fiat in thebegfnning, for two years of stuay as to lIthat would be feasible for the City of Anaheim, and thereupon called attention to Section 13 of the proposed ordinance, providing that the franchise holder must be in construction within two years or the franchise was void. Councilman Chandler noted the need for transportation in the area, and the possible future value of a feasibility study, such as the one proposed. In his opinion, the applicant should be given the opportunity they request, if it could be determined the City would not be jeopardized. Councilman Chandler further noted that a study was the first require- ment which must be either provided by the City or by private enterprise. He stated he would be reluctant to grant a franchise for any specific type of system; that any franchise granted should be on the basis of a general study of all systems. ARTS, in this instance, appeared to be the only applicant intending to conduct such a study. Mr. Geisler reported that if it was the Council's intention to grant the franchise by adoption of the ordinance in its amended form,it would require republication and a rehearing; however, an indication approving the form of fran- chise could be expressed by motion, with official action taken after the repub- lication and rehearing. Further discussion was held, at the conclusion thereof, Councilman Krein moved that the City of Anaheim deny issuing a franchise to anyone. Councilman Schutte seconded the motion. Roll Call Vote was requested by Councilman Dutton. 'l AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Krein, Schutte and Pebley Dutton and Chandler None MOTION CARRIED. Prior to the foregoing vote, the following Councilmen explained the reasons for their stand respectively taken as follows: COUNCILMAN SCHUTTE: FaiLed to see any value to the community by granting a franchise at this time. COUNCILMAN CHANDLER: Was thinking of a rapid transit system of some type for the City of Anaheim and its citizens. MAYOR PEBLEY:. Could not see the need for a franchise at this time and noted anyone that des1red could conduct a study on the issue. RESOLUTION NO. 68R-67: Councilman Krein offered Resolution No. 68R-67 for adoption, denying request for franchise submitted byAnaheim Rapid Transit System. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING THE APPLICATION OF ANAHEIM RAPl_ TRANSIT SYSTEMS, INC., FOR A FRANCHISE 'IO CONSTRUCT AND OPER- ATE A PUBLIC MASS TRANSIT SYSTEM IN THE CITY OF ANAHEIM. :l 68-55 City Hall. Anaheim. California - COUNCIL MINUTES - January 30. 1968. 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Krein, Schutte and Pebley Dutton and Chandler None The Mayor declared Resolution No. 68R-67 duly passed and adOpted. n Later in the meeting Mr. Chas. D. Phipps, representative of U~- versal Design, Ltd., requested to be heard in accordance with the schedu1ed agenda Item 4-D. Mr. Phipps was advised that the only issue before the City Council was the matter of granting a franchise to ARTS, which public hearing was de- clared closed at a previous meeting, and pursuant to motion made at this meeting, the City Council took the position 'of not granting a franchise to anyone. Councilman Krein questioned what could be gained, in view of the action just taken by the City Council. Mr. Phipps replied that their company is offering a feasibility study within six months, with a complete package, including the type of system. Mr. Geisler explained to Mr. Phipps the issue before the City Council, and advised that following the hearing held on the application of ARTS, many other requests for franchise, including theirs, were sub- mitted. All such requests and correspondence subsequently received had been scheduled on the agenda for Council information and possible action. n It was then agreed by the City Council that Mr. Phipps be per- mitted to address the Council. Mr. Phipps thereupon explained the Westinghouse Air Brake system, and further stated it was necessary to have a concept or vehicle, in order to secure a feasibility report, as cost analysis, operational utilization, and maintenance are determined in the report as to whether it is practical or not. He further advised that their company has the experience, and is presently in the field of building rapid transit systems. Pictures of various installations were available to the City Council to view. Mr. Phipps stated they were prepared to offer proposal of a ten- mile route from Disneyland to Knott's Berry Farm, that could include Anaheim city, the Broadway Shopping Center, and possibly Buena Park Shopping Center. In answer to Council questioning, Mr. Phipps advised that an option on a franchise would be the only method by which they could appropriate the necessary funds for the feasibility study that would be required. n Mr. Cal Queyrel addressed the Council, advising that there.was quite a difference in the two applications for franchise which had been pre- sented, and was of the opinion the one presented by Universal Design, Ltd. would be of greater benefit to the City of Anaheim. He stated the option for franchise is a necessary protection of funds the company would be com- mitted to spend for the feasibility report, and if the report proves posi- tive, they would continue, but if it is negative, they would drop everything, and certainly this would be in a period of one year. In answer to Council questioning regarding financing, Mr. Phipps advised that they were prepared financially to look into and build the sys- tem, because it would be a complete package. He then explained the proposed ten-mile route, which would run from Disneyland, up West Street, over to Manchester, to Lincoln Avenue, to Beach Boulevard, then to Knott's Berry Farm, and perhaps to the Buena Park Shopping Center and Broadway Shopping Center. He further noted that the"important factor was that Anaheim would 68-56 City Hall. Anaheim. California - COUNCIL MINUTES - January 30. 1968. 1:30 P.M. be protected by this route. He stated that from this route, it could grow and be expanded, and in his opinion, this ten-mile system would be feasible. RBeDS~- -t\t-'dri:s-l'O'i:rit:-i:rr1:trt!- ~l8'",-"1m" mo lkr-by-~l:matT Ib: ",In ,- '" o;;;...uudcd- ~~-e&&~,--e--l-5 mll.'h.tee- I"'.........,. ~~tlnn;-l&o"'d.--~~:Eim-. .(-3t-5Q.~*+ --"~--+feyor- Pehl"'j ......ll"'d ~ ...",,,,Llu~ ~ ul.do;;;l. ,"'crrr"Ctnnn:Thm!tr bclu~ pra8aot:;--wt~~ CA...~-<hr-ofo-6otn.....llu&Cur~. After recess, Discussion resumed on the proposed rapid transit system for the City of Anaheim. (See page 68-57) Mr. Geisler explained the necessary steps to be taken for the re- quest of Universal Design, Ltd., to be considered by the City Council, and further noted some of the differences apparent between the two proposals. Mr. Geisler also reported how specifications could be established by the City, and the franchise let to the highest bidder. It was noted that the Transportation Committee of the Capital Improvement Program would be taking this matter under consideration, and it was the consensus of the Council that the committee continue an analysis of the situation. After further discussion, recogn~z~ng the need for transportation withi~the City of Anaheim, Councilman Dutton stated, that in his opinion, the question should be kept open to explore future possibilities. Councilman Chandler felt that in keeping the possibility of rapid transit open, those interested should contact the committee, and be heard, so that the committee would be in a position to make a future recommenda- tion to the City Council. RESOLQfION NO. 68R-68: At the conclusion of discussion, Councilman Krein offered Resolution No. 68R-68, rescinding Resolution No. 68R-67. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESCINDING RESOLUTION NO. 68R-67 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING THE APPLICATION OF ANAHEIM RAPID TRANSIT SYSTEMS, INC., FOR A FRANCHISE TO CONSTRUCT AND OPERATE A PUBLIC MASS TRANSIT SYSTEM IN THE CITY OF ANAHEIM ." Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Chandler and Pebley None Schutte The Mayor declared Resolution No. 68R-68 duly passed and adopted. Mr. Martin M. Ostrow, on behalf of ARTS, requested their applica- tion for franchise be withdrawn, with the understanding being that there is a committee that will be investigating the transportation and-.,capital im- provement position of the City of Anaheim, and that they will appear before that committee with other contendors to present their views. On motion by Councilman Chandler, seconded by Councilman Krein, withdrawal of application submitted by ARTS, without prejudice to presen- tation of another application was accepted. MOTION CARRIED. Councilman Chandler moved that all applications for any franchise concerning transportation hereafter, be referred to the Capital Improvement Committee, Transportation Division. Councilman Dutton seconded the motion. MOTION CARRIED. .,., n n n 68-57 Cit~ Hall. Anaheim. California - COUNCIL MINUTES - January 30. 1968. 1:30 P.M. AMUSEMENT AND PREMISES ENTERTAINMENT PERMIT: Application filed by Woody Johnson, E.F. Dargatz and Dave Hurley for amusement and premises entertainment permit to allow billiard and pool parlor at Centralia Family Billiards, 3244 West Lincoln Boulevard, was submitted and granted, subject to conditions of Chap- ter 4.24 of the Anaheim Municipal Code, as recommended by the Chief of Pol- ice, on motion by Councilman Dutton, seconded by Councilman Chandler. MOTION CARRIED. n TENTATIVE TRACT NO. 6090. REVISION NO.1. (VARIANCE NO. 1940): On motion by Councilman Chandler, seconded by Councilman Dutton, Council consideration of Tentative Tract No. 6090, Revision No.1, was continued to be considered in conjunction with Variance No. 1940. MOTION CARRIED. TENTATIVE TRACT NO. 6544 AND TENTATIVE TRACT NO. 5751. REVISION NO.3. (RECLASSI- FICATION NO. 67-68-47): On motion by Councilman Chandler, seconded by Councilman Dutton, Council consideration of Tentative Tract Nos. 6544 and 5751, Revi- sion No.3, was continued to be considered in conjunction with public hear- ing on Reclassification No. 67-68-47. MOTION CARRIED. ORANGE COUNTY CONDITIONAL PERMIT NO. 1294: Proposed amendment to permit re- arrangement of the Plot Plan for commercial stables having a maximum of forty horses; property located east of the present terminus of Winston Road, northerly of the Southern Pacific Railroad and Cerritos Avenue, in the southeast industrial area. Councilman Schutte withdrew from the Council table for the purpose of speaking on this issue. n Excerpts from the minutes of the City Planning Commission meet- ing held January 29, 1968, recommending that the Orange County Planning Commission be urged to approve the reorientation of the proposed horse stables and setting forth their reasons therefor, were submitted. Mr. A.J. Schutte, 420 North Loara Street, owner of property in the immediate area, addressed the Council in opposition, being of the opin- ion that the stable would be detrimental to the neighborhood. He called attention to the approximately 500-foot unimproved roadway on the property, to be used as vehicular access, being of the opinion that the dust which would be generated by traffic would cause a serious problem. Councilman Dutton moved that the City Council concur with recom- mendations of the City Planning Commission, a copy thereof to be forwarded to the Orange County Planning Commission; and further moved that it be recom- mended to the Orange County Planning Commission that the permit be granted for a period of one year, subject to review at that time, and that the road- way on the property be oiled, for dust control. Councilman Chandler seconded the motion. MOTION CARRIED. RECESS: Councilman Krein moved for a fifteen-minute recess. Councilman Dutton seconded the motion. MOTION CARRIED. (2:50 P.M.). n AFTER RECESS: Mayor Pebley called the meeting to order, all members of the City Council being present, with the exception of CouncilmanSchuttet and discussion again re~ on application filed by A.R.T.S. (See page 68-56) ~_r- ;l-/ I. "V I RESOLUTION NO. 68R-69 - WORK ORDER NO 1208: In accordance with the recommenda- tions of the City Engineer, Councilman Krein offered Resolution No. 68R-69 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 SUNKIST STREET SEWER IMPROVEMENT, FROM APPROXIMATELY 833 FEET NORTH OF BALL ROAD TO BALL ROAD, IN THE COUNTY OF ORANGE, JOB NO. l208. (City Construction Company - $6,053.57). 68-58 City Hall. Anaheim. California - COUNCIL MINUTES - January 30. 1968. 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Chandler and Pebley None Schutte The Mayor declared Resolution No. 68R-69 duly passed and adopted. RESOLUTION NO. 68R-70 - WORK ORDER NO. 1209: On the recommendations of the City Engineer, Councilman Dutton offered Resolution No. 68R-70 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, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE ORANGE STREET SEWER IMPROVE- MENT, FROM RED GUMM STREET TO BLUE GUM STREET, IN THE COUNTY OF ORANGE, JOB NO. 1209. (De Leon Construction Cbmpany - $15,122.31). Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: OOUNCILMEN: Dutton, Krein, Chandler and Pebley None Schutte The Mayor declared Resolution No. 68R-70 duly passed and adopted. RESOLUTION NO. 68R-7l: On the recommendations of the City Attorney, Councilman Krein offered Resolution No. 68R-7l for adoption. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE SOUTHERN CALIFORNIA EDISON COMPANY PERTAINING TO THE ADJUSTMENT OF SALES TAX, IF ANY, IN CONNECTION WITH CONDEMNATION PROCEEDINGS. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Chandler and Pebley None Schutte The Mayor declared Resolution No. 68R-7l duly passed and adopted. RESOLUTION NO. 68R-72: Councilman Dutton offered Resolution No. 68R-72 for adop- tion. Refer to Resolution Book. A RESOLUTION OF THE CITY OOUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE SOUTHERN CALIFORNIA EDISON COMPANY PERTAINING TO CHANGIDVER AGREEMENTS IN CONNECTION WITH CONDEMNATION PROCEEDINGS. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Chandler and Pebley None Schutte The Mayor declared Resolution No. 68R-72 duly passed and adopted. SETTLEMENT OF LITIGATION - CITY OF ANAHEIM VS. WILLIAM S. HUDMAN: On report and recommendation of the City Attorney,/Counci1man Dutton moved that settlement of litigation in the amount of $300.00, (pertaining to damages to City-owned vehicle on July 21, 1963, in a collision with William S. Hudman), be author- ized. Councilman Chandler seconded the motion. MOTION CARRIED. n 1 o 68-59 City Hall. Anaheim. California - COUNCIL MINUTES - January 30. 1968. 1:30 P.M. SETTLEMENT - WEB SERVICE COMPANY: The City Attorney reported that Web Service Company had paid their business license fees for coin-operated laundry machines, and recommended that settlement of penalty fees be authorized on the basis of 7% interest in lieu of the lO% per month penalty plus current business license fee, in a total amount of $1,725.59. n On motion by Councilman Chandler, seconded by Councilman Krein, settlement to Web Service Company in the amount of $1,725.59 was authorized, as recommended by the City Attorney. MOTION CARRIED. LEGAL COUNSEL - MUSICK. PEELER AND GARRETT: On report and recommendations of the City Attorney, Councilman Chandler moved that payment in the amount of $950.00 be authorized to the law firm of Musick, Peeler and Garrett, for legal ser- vices rendered August 4, 1965, through March 25, 1966, in connection with Anaheim Stadium employees. Councilman Dutton seconded the motion. MOTION CARRIED. PURCHASE: The City Manager reported on informal proposals received for 10,000 feet of 4/0 and 10,000 feet of 1/0, 600 volt, underground cable, for the Electrical Division, recommending the low bid, that of Essex Wire, Anaheim: Essex Wire, Anaheim - - - - - - - - - - - - - $7,539.00, Consolidated Electric Distributors, Anaheim - - - 8,627.33 General Electric Supply Company, Anaheim - - - - - 8,641.50 Graybar Electric Company, Inc., Anaheim - - - - - -8,4l0.50 Alcan Cable, Fullerton - - - - - - - - - - - - - - 7,969.50 Garland-Affolter, Los Angeles - - - - - - - - 7,978.74 Parks & Company, Long Beach - - - - - - - - - ll,140.50 Rome Cable, Los Angeles - Bid was late - returned to bidder. Including Tax " " " " " " n On the recommendations of the City Manager, Councilman Dutton moved that the low bid of Essex Wire be accepted and purchase authorized in the amount of $7,539.00, including tax. Councilman Krein seconded the motion. MOTION CARRIED. CLAIM AGAINST THE CITY: Claim submitted by Mrs. Christopher J. Reeves, on be- half of Joseph Reeves, a minor, for personal injury damages purportedly oc- curring on City-owned property, on or about December 30, 1967, was denied as recommended by the City Attorney, and ordered referred to the insurance agent, on motion by Councilman Dutton, seconded by Councilman Chandler. MOTION CARRIED. RESOLUTION NO. 68R-73: Councilman Dutton offered Resolution No. 68R-73 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 67R-303 RELATING TO FEES TO BE CHARGED AT THE ANAHEIM MUNICIPAL GOLF COURSE. ($1,000.00). Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Chandler and Pebley None Schutte n The Mayor declared Resolution No. 68R-73 duly passed and adopted. CORRESPONDENCE: The following correspondence was ordered received and filed, on motion by Councilman Dutton, seconded by Councilman Krein: a. City of Commerce Resolution No. 68-2 - concerning the position of the League of California Cities with respect to the distribution of ciga- rette taxes. 68-60 City Hall. Anaheim. California - COUNCIL MINUTES - January 30. 1968. 1:30 P.M. b. Minutes - Local Agency Formation Commission - Meeting held January 10, 1968. c. Minutes - Anaheim Public Library Board - Meeting of December 18, 1967. d. Financial and Operating Reports for the month of December, 1967. MOTION CARRIED. CARROUSEL OF ANAHEIM: Discussion was held relative to a request submitted t9 the City Council, January 23, 1968, by the Cultural Arts Committee of the Anaheim Chamber of Commerce, Women's Division, for City participation in the Annual Carrousel of Anaheim by the donation of the Convention Center facility and operating expenses. 1 The City Council, at the previous meeting, favored the request and directed an investigation be made by the City Manager to determine how it could be accomplished under City control. Mrs. Charles A. Pearson, representing the Women's Division of the Chamber of Commerce, addressed the Council, asking if a City department would control the event. At the conclusion of the discussion that followed, the City Council agreed that the Carrousel of Anaheim be a City event, to be staged at the Con- vention Center, with the operating expense being an obligation of the City. It was further agreed that the event be under the sole guidance of the Cultural Arts Committee of the Anaheim Chamber of Commerce, Women's Division. ORDINANCE NO. 2471: Councilman Krein offered Ordinance No. 2471 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING THE ANNEXATION TO THE CITY OF l.,.. : ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED AS SANTA ANA CANYON ANNEXATION . NO.1. (Uninhabited). Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Chandler and Pebley None Schutte The Mayor declared Ordinance No. 2471 duly passed and adopted. ORDINANCE NO 2472: Councilman Dutton offered Ordinance No. 2472 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER l4.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO PARKING. (Parking Pro- hibitions - Ball Road Restriping). Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Chandler and Pebley None Schutte J The Mayor declared Ordinance No. 2472 duly passed and adopted. ORDINANCE NO. 2473: Councilman Chandler offered Ordinance No. 2473 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61 (10) - C-R). 68-61 City Hall. Anaheim. California - COUNCIL MINUTES - January 30. 1968. 1:30 P.M. Roll Call Vote~ AYES: NOES: ABSENT~ COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Chandler and Pebley None Schutte n The Mayor declared Ordinance No. 2473 duly passed and adopted. ORDINANCE NO. 2474: On report and recommendation of the City Attorney, Council- man Dutton offered Ordinance No. 2474 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14. 32 OF THE ANAHEIM MUNICIPAL CODE BY REPEALING SECTION l4.32.l8l THEREOF AND BY ADDING THERETO SECTION 14.32.179, RELATING TO PARKING ON CITY-OWNED PARKING LOTS. (Public Parking Lots - All-Day Parking Restrictions). ADVERTISING AND PROMOTION - MISSION TRAILS ASSOCIATION: On report and recommen- dation of the City Manager and Public Information Officer, Councilman Chandler moved that the City of Anaheim not participate in advertising in the California Mission Trails Association, 1967-68 edition of the Visitors' Guide, and the City or the Anaheim Visitors' and Convention Bureau were to submit an updated advertisement for possible inclusion in the forthcoming budget. Councilman Dutton seconded the motion. MOTION CARRIED. PROPOSED RELOCATION OF GRAND PIANO:- ANAHEIM LIBRARY: The proposed relocation of the grand piano from the Anaheim Central Library to the Anaheim Room of the Convention Center Exhibit Hall was ordered taken off the agenda until rescheduled by the City Manager. n KENNETH GEDNEY: Relative to suggested payment of one month's salary for the owner's representative during construction of the Anaheim Stadium, (Kenneth Gedney), in lieu of overtime hours worked, Mr. Geisler reported that upon investigation the subject expenditure could not be justified by the City, thereupon no further action was taken by the City Council. RESOLUTION NO. 68R-74~ Councilman Dutton offered Resolution No. 68R-74 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 67R-404 AND AMENDING RATE OF COMPENSATION FOR A JOB CLASS. (Sanitation Inspector). Roll Call Vote: AYES: NO ES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, None Schutte Chandler and Pebley The Mayor declared Resolution No. 68R-74 duly passed and adopted. CAPITAL IMPROVEMENT COMMITTEE APPOINTMENTS: The City Manager reported on re- quests received from the following persons, for appointment to the Capital Improvement Committee: n Charles Bottomly, G.A. Doyle, and Loretta Harvey. Councilman Dutton suggested the appointment of Mrs. Marguerite Coons to the Committee. On motion by Councilman Dutton, seconded by Councilman Krein, the foregoing named persons were appointed to the Capital Improvement Committee. MOTION CARRIED. Discussion was held relative to the need for young people on the Citizens' Committee, and the City Manager was authorized to request the Ana- heim Union High School District to submit nominations' of Anaheim resident students for possible appointment to said Committee. 68-62 City Hall. Anaheim. California - COUNCIL MINUTES - January 30. 1968. 1:30 P.M. BASEBALL WRITERS' ASSOCIATION OF AMERICA: Annual Baseball Wri ters ,. Dinner would February 9, 1968, and further advised to attend. The City Manager announced that the be held at the Hollywood Palladium, that the City Council had been invited On motion by Councilman Dutton, seconded by Councilman Chandler, payment for the dinner of any Councilman and guest wishing to attend was authorized. MOTION CARRIED. CONVENTION CENTER - ART DISPLAYS: On the recommendation of the City Manager, the Park and Recreation Commission was granted a ninety-day extension of time for submission of a report and recommended policy relative to display of art works at the Convention Center and other public buildings, on motion by Councilman Dutton, seconded by Councilman Chandler. MOTION CARRIED. REQUEST - WAIVER OF FIRE ZONE REQUIREMENTS: Memorandum report from Bob Phillips, Fire Marshal, dated January 29, 1968, was read, pertaining to building addi- tion and request to use wood shake roofing materials at the Brook Restaurant, 1233 South Brookhurst Street. Mr. Lehman Vaughan, applicant, addressed the Council advising that there was an existing solid block wall along the property line, that the shopping center across Brookhurst Street to the east was completely roofed with wood shakes, and he requested permission to use this type of material to enhance his enlarged restaurant and to be compatible with existing busi- nesses in the area. Fire Marshal Phillips addressed the Council, advising of State legislation recently adopted, requiring that all new places of public assem- blage, such as restaurants, bars, etc., having a capacity of fifty or more persons, must have fire-retardant roof covering, and existing facilities must comply with this new regulation within a five year period. It was pointed out that wood shake material did not qualify as fire- resistant roof coveri~g. At the conclusion of brief discussion ~y the Council, and in view of the new law, Mr.: Vaugha.ri~ithdrew hi.s request. RESOLUTION NO. 68R-75: Councilman Dutton offered Resolution No. 68R-75 for adop- tion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 9TH DAY OF APRIL, 1968, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Chandler and Pebley None Schutte The Mayor declared Resolution No. 68R-75 duly passed and adopted. EXECUTIVE SESSION: Councilman Krein moved to recess to Executive Session. Coun- cilman Chandler seconded the motion. MOTION CARRIED.' (4:40 P.M ) ADJOURNMENT: The City Council returned from Executive Session and adjourned on motion by Councilman Krein, seconded by Councilman Chandler. MOTION CARRIED. ADJOURNED: SIGNED ~_ . 5:00 P.M. fr '22,~L__1 CITY CLERK .-J n n o