1968/06/05
68-297
City Hall. Anaheim. California - COUNCIL MINUTES - May 28. 1968. 1:30 P.M.
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Councilman Clark stated that the City has a very adequate Plann-
ing Staff and Planning Commission, and although a Councilman makes an in-
dividual investigation, recommendations of the staff and commission are
seriously considered. He further advised that he was endeavoring to ful-
fill his commitments in trying to find suitable areas for R-3 development
that would not infringe on an R-l area. He noted also that the recommenda-
tions of the City Planning Commission were unanimous, and after his inde-
pendent investigation, and hearing the testimony and evidence, he had no
intention of changing his vote.
Councilman Dutton noted that the members of the City Planning
Commission were appointed by the City Council. He reported that four of
the Commissioners advised him that they were incensed that Councilman
Schutte came before them with tL:.s request.
Mr. Geisler advised that if the Council considers Mr. Dutton's
proposal, it would be in order to reopen the hearing to a specific time,
and legally advertise the date, time, and place the hearing will be re-
opened and the issue again considered.
Councilman Dutton moved that the public hearing be reopened, to
be set at the first convenient date. Councilman Krein seconded the motion.
Roll Call Vote was requested:
AYES:
NOES:
ABSENT:
Dutton and Krein
Schutte, Clark and Pebley
None
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Said motion failed to carry.
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PROPOSED CHARTER AMENDMENT: Councilman Dutton requested a complete analysis of
the situation that constitutes conflict of interest, and suggested a Charter
Amendment be prepared that would set forth clearly what a Councilman can
and cannot do in this area, to be submitted to the vote of the people at
the next Councilmanic Election.
.
RIQUEST: Councilman Dutton referred to certain remarks and allegations made
by Councilman Schutte at the last meeting that cast aspersions on his in-
tegrity, that had appeared in local newspapers, and requested an explana-
tion.
Councilman Schutte felt no explanation was necessary.
ADJOURNMENT: Councilman Krein moved to adjourn. Councilman Schutte seconded
the motion. MOTION CARRIED.
ADJOURNED:
4:05 P.M.
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SIGNED ~ . )X-. :V...<eL4,. ........J
City Clerk
68-298
City Hall. Anaheim. California - COUNCIL MINUTES - June 5. 1968. 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley
COUNCILMEN: None
CITY MANAGER: Keith A. Murdoch
CITY ATTORNEY: Joseph Geisler
ASSISTANT CITY ATTORNEY: John Dawson
CITY CLERK: Dene M. Williams
ASSISTANT CITY ENGINEER: Ralph Pease
ZONING SUPERVISOR: Ronald Thompson
CONVENTION CENTER AND STADIUM DIRECTOR: Tom Liegler
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Mayor Pebley called the meeting to order.
INVOCATION: Rabbi Aaron J. Tofie1d, of Temple Beth Emet, gave the Invoca-
tion.
FLAG SALUTE: Councilman Clark led the Assembly in the Pledge of Allegiance
to the Flag.
MINUTES: Approval of the minutes of the Anaheim City Council meetings held May
14, 21 and 28, 1968, was deferred.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Krein 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 Dutton seconded the motion.
MOTION UNANIMOUSLY CARRIED.
REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the
amount of $632, 807.51, in accordance with the 1967-68 Budget, were approved.
Councilman Krein requested the record show that he did not partici-
pate in the discussion nor vote on the issues pertaining to Variance No. 1800
and Conditional Use Permit No. 1024, and thereupon, left the Council table.
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CONTINUED PUBLIC HEARING - VARIANCE NO. 1800: Submitted by Coalson C. Morris,
requesting a waiver of the minimum required site area and minimum side yard
setback; proposed c-o zoned property, located at 609 North East Street,
(Reclassification No. 65-66-120.)
The City Planning Commission, pursuant to Resolution No. PC68-8,
recommended denial of said variance.
Public hearing was continued from the meetings of August l6, Novem-
ber 15 and 29, 1966, May 23 and December 5, 1967, at the request of the peti-
tioner, to allow for submission of development plans.
Zoning Supervisor, Ronald Thompson, reported that the applicant
has not submitted plans, nor have they notified the Development Services
Department if they still desire to utilize the variance.
Mayor Pebley asked if the applicant were present. There was no
response.
On the recommendation of the City Attorney, Councilman Schutte n'.i...
moved that public hearing on Variance Application No. 1800 be continued .
until such time as the applicant submits development plans; and upon receipt
of the required development plans, the continued hearing date be scheduled
by the City Clerk, subject to the payment of a $50.00 fee to cover the cos't
of legal notices and readvertising. Councilman Clark seconded the motion.
Councilman Krein abstained. MOTION CARRIED.
PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1024: Submitted by William and Margaret
Sangster, and Lonnie and Mary Dunn, requesting permission to construct a two-
story, 34-unit motel; M-1 zoned property, located on the east side of State
College Boulevard, south of Orangewood Avenue.
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68-299
City Hall. Anaheim. California - COUNCIL MINUTES - June 5. 1968. 1:30 P.M.
The City Planning Commission, pursuant to Resolution No. PC68-l22,
granted said conditional use permit, subject to the following conditions:
1. That the owners of subject property shall pay to the City of
Anaheim the sum of $2.00 per front foot along State College Boulevard, for
street lighting purposes.
2. That the owners of subject property shall pay to the City of
Anaheim the sum of l5~ per front foot along State College Boulevard, for
tree planting purposes.
3. 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.
4. That the sidewalks and driveways shall be installed along State
College Boulevard, as required by the City Engineer and in accordance with
standard plans and specifications on file in the office of the City Engineer.
5. That trash storage areas shall be provided in accordance with
approved plans on file with the office of the Director of Public Works.
6. That fire hydrants shall be installed as required and deter-
mined to be necessary by the Chief of the Fire Department.
7. That any air-conditiontng facilities proposed shall be pro-
perly shielded from view and the sound shall be buffered from adjacent resi-
dential homes.
8. That all exterior lighting shall be directed downward and away
from abutting property lines.
9. That Condition Nos. l, 2, and 3, above mentioned, shall be com-
plied with 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 fur-
ther time as the Commission or City Council may grant.
10. That Condition Nos. 4, 5, 6, 7, and 8, above mentioned, shall
be complied with prior to final building and zoning inspections.
ll. That subject property shall be developed substantially in ac-
cordance with plans and specifications on file with the City of Anaheim,
provided, however, that a maximum of 10% of the proposed units may be equip-
. ped with kitchen facilities.
12. That all signing on subject property shall be in conformance
with the M-l zone.
Appeal from action taken by the City Planning Commission was filed
by Charles D. Hulen, of Dunn Development, Inc., representing petitioners,
and public hearing scheduled this date.
Zoning Supervisor, Ronald Thompson, 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.
That although this development would be an asset to the industrial area, it
was felt to allow the lOO% kitchen units would result in an efficiency-type
apartment complex, therefore, the Commission approved the development as a
motel and limited the number of kitchen facilities to no more than lO% of
the total units.
The Mayor asked if the applicant wished to address the City Coun-
cil.
Mr. Charles Hulen, of Dunn Development, Inc., addressed the City
Council, stating that the applicants wished to have kitchens in all units,
so that the vacancy factor would be reduced during the winter months, there-
by reducing the financial burden of the applicants.
Councilmen Clark and Schutte asked if the Applicant would be satis-
fied with 50% kitchens. Mr. Hulen replied that 50% would be appreciated and
would probably allow them to keep their business open during the off season.
The Mayor asked if anyone else wished to address the City Council.
Mr. Willard Pool, 12550 Brookhurst Street, Garden Grove, represent-
ing the Pacific Drive-In Theatre on State College Boulevard, addressed the
City Council, advising they had no objections to subject application, however,
they were interested in the outside lighting arrangements, and requested that
Conditions Nos~ 5, 8 and 10 as recommended by the City Planning Commission,
also be included in any favorable action taken by the City Council.
68-300
City Hall. Anaheim. California - COUNCIL MINUTES - June 5. 1968. 1:30 P.M.
The Mayor asked if anyone else wished to address the City Council,
there being no response, declared the hearing closed.
RESOLUTION: Councilman Dutton offered a resolution for adoption, granting
Conditional Use Permit No. 1024, subject to the recommendations of the City
Planning Commission.
The foregoing resolution failed to carry, by the following vote:
AYES:
NOES:
ABSTAINED;
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Dutton and Pebley
Schutte and Clark
Krein
None
Discussion was held by the City Council and Mayor Pebley was of the
opinion that to grant the Applicant's request would set a precedent throughout
the City, allowing motel units to become small, one-bedroom apartments.
The City Attorney advised that the present code provisions contain
no specific time limitation for action to be taken by the City Council after
the public hearing, therefore, subject application could be held in abeyance
for an indefinite period of time, unless at some future meeting, there is a
finding as to a determination to grant or not to grant.
Councilman Clark asked Mr. Hulen if he would accept 8 or 9 kitchens,
or if not, what the minimum would be to make the project economically feasible.
Mr. Hulen was of the opinion that anyone developing a motel in this
particular area would want as many kitchens as possible to keep them on a sound
financial basis, but if the Council reduced the number to nine or ten, then
that is how they would develop.
RESOLUTION: Councilman Clark offered a resolution for adoption, granting Con-
ditional Use Permit No. l024, subject to the conditions of the City Planning
Commission, with an amendment to Condition No. 11, to allow six units with
kitchens, rather than 10% of the total units.
The foregoing resolution failed to carry, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Schutte and Clark
Dutton and Pebley
Krein
None
Further discussion was held, and Mr. Hulen questioned if kitchen
units were allowed in 10% of the motel units, would wet bars with sinks be
allowed in the remaining units.
City Attorney, Joseph Geisler, advised that any action regarding
use of wet bars would first require an interpretation as to what constitutes
a wet bar, and said interpretation be approved by the City Planning Commission
and City Council. That the action of the City Planning Commission would al-
low three units with kitchens.
RESOLUTION NO. 68R-308: Councilman Clark offered Resolution No. 68R-308 for
adoption, granting Conditional Use Permit No. 1024, subject to the recommen-
dations of the City Planning Commission, with an amendment to Condition No.
II to allow a maximum of three of the proposed units to be equipped with kit-
chen facilities.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL
USE PERMIT NO. 1024.
Roll Call Vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Dutton, Schutte and Clark
Pebley
Krein
None
Resolution No. 68R-308 duly passed and adopted.
The Mayor declared
Councilman Krein returned to the Council table.
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68-301
City Hall. Anaheim. California - COUNCIL MINUTES - June 5. 1968. 1:30 P.M.'
PUBLIC HEARING - SIGNS. ADVERTISING SIGNS. AND STRUCTURES: FUTURE ESTABLISHMENT
SIGNS:' Public hearing was held to receive any objections to amending a section
of the Anaheim Municipal Code, to change a definition in the Sign Ordinance,
and adding an additional section to incorporate provisions for Future Es-
tablishment signs, as recommended by the City Planning Commission, pursuant
to Resolution No. PC68-1l7.
Zoning Supervisor, Ronald Thompson, reported the findings and de-
terminations of the City Planning Commission.
Mayor Pebley asked if anyone in the audience wished to be heard,
there being no response, declared the hearing closed.
ORDINANCE NO. 2527: Councilman Schutte offered Ordinance No. 2527 for first
reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE l8, CHAPTER l8.62, OF
THE ANAHEIM MUNICIPAL CODE BY AMENDING SECTION 18.62.030, PARAGRAPH (f),
AND BY ADDING SECTION 18.62.076.
PUBLIC DANCE PERMIT: The following applications for public dance permits were
submitted and granted, subject to provisions of Chapter 4.l60f the Anaheim
Municipal Code, and provided four officers and one matron be hired to police
the dances, as recommended by the Chief of Police, on motion by Councilman
Dutton, seconded by Councilman Krein:
a. Application submitted by ,Concha C. Flores, on behalf of Socie-
dad Progresista Mexicana, Lodge #33, for permit to conduct public dance,
June 30, 1968, at Carpenter's Hall, 608 West Vermont Avenue.
b. Application submitted by Mrs. Nicholas J. Dova1is, on behalf
of American Hellenic Educational Progressive Association, to permit public
dance at Carpenter's Hall, 608 West Vermont Avenue, June 20, 1968.
MOTION CARRIED.
ENTERTAINMENT PERMIT: Application filed by Dennis O. Nielsen, for Dennys Outers
Inn, 477 South Brookhurst Street, to permit live music with not less than
one musician-singer, or more than three musicians and one singer, type of
music to be country~estern.
Permit granted for period of one year, subject to provisions of
Chapter 4.18 of the Anaheim Municipal Code, as recommended by the Chief of
'Police, on motion by Councilman Dutton, seconded by Councilman Schutte.
MOTION CARRIED.
REQUEST- OFF-SITE IMPROVEMENT WAIVER: Submitted by E.J. Tyreman Company, con-
tractor, for Anaheim Truck and Transfer Company, requesting an off-site im-
provement waiver for property located at 456 South Lemon Street.
Councilman Clark moved said waiver be granted, as recommended by
the City Engineer, subject to the condition that no permanent planting or
permanent-type improvements be permitted within the area reserved for fu-
ture street improvements. Councilman Dutton secQnded the motion. MOTION
CARRIED.
'REQUEST - TRAILER CONSTRUCTION OFFICE: Submitted by William I. Rousey, WIR
Developers, Inc., requesting permission to use a trailer for tract construc-
tion and sales office; property -located on the northeast corner of Western
and Orange Avenues.
Councilman Clark moved that said request be granted, as recommend-
ed by the Development Services Department, for a period not to exceed six
months, subject to the following conditions:
68-302
City Hall. Anaheim. California - COUNCIL MINUTES - June 5. 1968. 1:30 P.M.
1. That the installation of the trailer meet all conditions of
the Uniform Building Code.
2. That any parking areas be surfaced in such a way as to prevent
dust.
Seconded by Councilman Dutton. MOTION CARRIED.
REQUEST - COMMENCE DEVELOPMENT. CONDITIONAL USE PERMIT NO. 1027: Requested by
Kjell Qvale, British Motor Car Distributors, Ltd., 1601 South Anaheim Boule-
vard, requesting permission to commence development at own risk; property
located at 150l Sooth Anaheim Boulevard.
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Zoning Supervisor, Ronald Thompson, described the location of sub-
ject property, and advised that the City Planning Commission had unanimously
approved Conditional Use Permit No. 1027, after public hearing on May 20,
1968, subject to conditions.
Mayor Pebley asked if the owner of the property was present. There
was no response.
Following Council discussion, it" was moved by Councilman Krein,
seconded by Councilman Clark, that re~uest be granted to commence development
at own risk. MOTION CARRIED.
IRREVOCABLE OFFER OF DEDICATION - TRACT NO. 4230: Irrevocable Offer of Dedica-
tion of Lots A, B, and C, Tr,ct No. 4230, executed by Empire Financial Cor-
por,tion, was submitted and approved as to form, and recordation thereof
audhorized on motipn by Councilman Dutton, secpnded by Councilman Krein.
~TION CARRIED.
RESOLUTION NO. 68R-309 - AWARD OF WORK ORDER NO. 543-B: In accordance with recom-
mendations of the City Engineer, Councilman Krein offered ReBolution No. l
68R-309 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 IMPROVE-
MENT: "THE IMPROVEMENT OF BALL ROAD, FROM FLORE STREET TO APPROXIMATELY 355
FEET EAST THEREOF, IN THE CITY OF ANAHEIM, WORK ORDER NO. 543-B. (E.D.
Johnson & Company - $9,20l.70.)
Roll Call Vote:
AYES:
NOES:
ABSENT :
COUNCILMEN :
COUNCILMEN :
COUNCILMEN:
Dutton, Krein, Schutte, Clark and Pebley
None
None
The Mayor declared Resolution No. 68R-309 duly passed and adopted.
RESOLUTION NO. 68R-310 - WORK ORDER NO. 249: In accordance with recommendation
of the City Engineer, Councilman Krein offered Resolution No. 68R-310 for
adoption, extending Bid Date on Work Order No. 249 from June 6, 1968, to
June 20, 1968.."
Refer to Resolution Book.
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.68-303
City Hall. Anaheim. California - COUNCIL MINUTES - June 5. 1968. 1:30 P.M.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION
NO. 68R-255 FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE FURNISHING, INSTALLATION AND COMPLETION OF A PUBLIC IMPROVEMENT,
TO WIT: AUTOMATIC FIRE SPRINKLER SYSTEMS, AND CONTINGENT ITEM OF SMOKE DE-
TECTOR SYSTEMS, FOR THE ANAHEIM CONVENTION CENTER, 800 WEST KATELLA AVENUE,
WORK ORDER NO. 249, BY EXTENDING THE TIME FOR THE OPENING OF SEALED PROPOS..
ALS; AND AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE OF SAID CHANGE OF
DATE FOR THE OPENING OF SEALED PROPOSALS. (Bids to be Opened June 20, 1968,
2: 00 P.M.)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley
COUNCILMEN: None
COUNCILMEN: . None
The Mayor declared Resolution No. 68R-3l0 duly passed and adopted.
RESOLUTION NO. 68R-31l - WORK ORDER NO. 232: Upon receipt of Certification from
the Director of Public Works, Councilman Dutton offered Resolution No. 68R-
311 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING
THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS
AND EQUIPMENT AND ALL UTILITIES 1\ND TRANSPORTATION INCLUDING POWER, FUEL
AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COM-.
PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE GILBUCK DRIVE STORM
DRAIN IMPROVEMENT, FROM SOUTH CENTRAL PARK AVENUE TO GILBUCK DRIVE, IN THE
CITY OF ~AHEIM, JOB. NO. 232. (M.L. Garten, Contractor.) ,
Roll Call Vote:
AYES:
NOES:
ABSENT:
Dutton, Krein, Schutte, Clark and Pebley
None
None
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
The Mayor declared Resolution No. 68R-3ll duly passed and adopted.
CHANGE ORDER NO. 1 - JOB NO. l2ll: On the recommendation of the City Engineer,
Councilman Krein moved that Change Order No. l, Job. No. 12ll, consisting
of extension of sewer mains, currently under construction, in the amount of
$9,487.93, with a l3-day extension of time, be authorized; such aothoriza.
tion based on the finding that an urgency exists in serving parcels pres-
ently under construction, the economics and delay involved in fox:ma1 bidding,
makes approval of subject change order in the best interests of the City.
Motion seconded by Councilman Dutton. MOTION CARRIED.
CLAIMS AGAINST THE CITY: The following claims were denied, as recommended by the
City Attorney, and ordered referred to the insurance agent, on motion by
Councilman Dutton, seconded by Councilman Krein:
a. Claim submitted by Leota Atkinson, for damages purportedly
resulting from disconnection of electric m~ter on or about May 13, 1968.
b. Claim submitted by Larry G. Benedict for Michael Benedict,
for personal injury damages, purportedly resulting from broken glass in.the
sawdust at end of rocket slide at Boysen Park, on or about March 21, 1968.
c. Claim submitted by Ronald Wilson, for damages purportedly re-
sulting from a rise in pressure in City-owned water lines, on or about
August 1, 1967.
EMINENT DOMAIN - SETTLEMENTS: On recommendations of the Assistant City Attorney,
~ohn Dawson, the following settlements of Eminent Domain proceedings were
authorized:
a. Settlement in the amount of $31,880.00 to Bud Talmadge; pro-
perty located on the south side of Katella Avenue, east of the underpass.
Moved by Councilman Krein, seconded by Councilman Dutton. MOTION CARRIED.
68-304
City Hall. Aaaheim. Ca1ifornla:.- COUNCIL MINUTES - June 5. 1968. 1:30 P.M.
b. Settlement in the amount of $6,568.48, to Newport Construction
Company; property located east of Imperial Highway. Moved by Councilman
Clark, seconded by Councilman Schutte. MOTION CARRIED. It was noted that
subject settlement did not preclude recovery of costs from ultimate users as
a part of the connection charges, inasmuch as all but two owners dedicated
necessary right-of~ay.
c. Settlement in the amount of $2,187.50, to Schlund Brothers, with
City to replace existing shack with new building to cover pump, approximately
8-1/2 feet by 8 feet; property located on West Street. Moved by Councilman
Krein, seconded by Councilman Schutte. MOTION CARRIED.
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RESOLUTION NO. 68R-3l2: On recommendation of the Assistant City Attorney, Council-
man Krein offered Resolution No. 68R-312 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE NECES-
SITY FOR, AND DIRECTING THE ACQUISITION, BY EMINENT DOMAIN, OF REAL PROPERTY
FOR HIGHWAY EASEMENT AND PUBLIC trrILITY PURPOSES. (Etchandy, et a1 - Widening
Western Avenue, Orange Avenue to Ball Road.)
Roll Call Vote:
AYES:
NOES:
ABSENT :
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Dutton, Krein, Schutte, Clark and Pebley
None
None
The Mayor declared Resolution No. 68R-3l2 duly passed and adopted.
SALE OF SURPLUS EQUIPMENT: The City Manager reported on sealed bids received for
the sale of surplus automotive equipment by the City of Anaheim, and recom-
mended acceptance of high bids as follows:
DESCRIPTION OF VEHICLE
HIGHEST AK>UNT BID
1941 Truck - - - - - - - - - - - - - - - - - - - - - - - - -$75.00
1952 Ford - - - - - - - - - - - - - - - - - - - - - - - - - -37.13
1942 Truck - - - - - - - - - 50.00
1954 Truck - - - - - -127.53
1942 Truck - - - - - - - - - - - - - 79.C.
1941 Truck - - - - - - - - - - 37.33
1956 Truck - - - - - - -301.99
1957 Ford - - - - -37.50
1958 Plymouth - - - - - - -27.13
1962 Ford .." - - - - - - - - 205.00
1950 Flat B~ - -26.00
1950 Flat Bed - - - - - - - -26.00
1961 Cushman - - - - - - - - - - - - - - - - - - - - - - - -150.00
1962 - - - - - - - - - - - - - - - - - - - - - - - - - - - - 45.00
1956 Ford - - - - - - - - - - - - - - - - - - - - - - - - - -67.50
Air Compressor - - - - - - - - - - - - - - - - - - - - - - -127.23
Trailer - - - - - - - - - - - - - No Bid
A. Body - - - - - - - - - - - - - - - - - - - - - - - - - - No Bid
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On the recommendation of the City Manager, Councilman Krein moved
the sale of surplus automotive equipment to the high bidders be authorized.
Councilman Dutton seconded the motion.. MOTION CARRIED.
RESOLUTION NO. 68R-3l3: On the recommendations of the City Manager and the City
Attorney, Councilman Clark offered Resolution No. 68R-313 for adoption.
Refer to Resolution Book.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT
DEli> CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR MUNICIPAL
PURPOSES. (E & C Development Co. - Extension of Riverda1e Avenue.)
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68-305
City Hall. Anaheim. California - COUNCIL MINUTES - June 5. 1968. 1:30 P.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Dutton, Krein, Schutte, Clark and Pebley
None
None
The Mayor declared Resolution No. 68R-313 duty passed and adopted.
CANCRJ.T..\nON OF COUNTY TAXES: On motion by Councilman Krein, seconded by Council-
man Dutton, the Orange County BOard of Supervisors was requested to cancel
County taxes on property acquired by the City of Anaheim for municipal pur-
poses pursuant to Resolution No. 68R-275, formerly assessed to Timothy W.
Wallace, deed recorded May 23, 1968, as Document No. 15524, in Book 8610,
at Page 487, Official Records of Orange County, California.. MOTION CARRIED.
CITY OF ANAHEIM - STREET DEFICIENCY STUDY: On recommendation of the City Manager,
Councilman Dutton moved the "City of Anaheim - Street Deficiency Study -
May, 1968 - Section 2156 of Streets and Highways Code," be approved. Coun-
cilman Krein seconded the motion. MOTION CARRIED.
ODRRllPONDENCE: The following correspondence was ordered received" and filed, on
motion by Councilman Dutton, seconded by Councilman Krein:
a. Before the Public Utilities Commission - Application of Com-
munity Enterprises, Inc. - to operate passenger stage service between
points in Camp Pendleton and the City of San Clemente, and Disneyland.
b. City of Costa Mesa Resolution No. 68-40 - ur3ing support of
Assembly Bills No. 1604 and 1474, exempting non-profit corporation financed
public facilities from taxation.
The City Manager briefly reported on the status of these two Bills.
No action was taken by the City Council at this time.
c. Minutes of Anaheim Public Library Board, Meeting of April 15,
1968.
d. Financial and Operating Reports for the month of April, 1968.
ORDINANCE NO. 2528: Councilman Schutte offered Ordinance No. 2528 for first
reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SE:C-
TION 14.32.190, PARAGRAPH 58, AND SECTION 14.32.243 OF THE ANAHEIM MUNICtPAL
CODE, RELATING TO PARKING. (No Parking - Portions of Gilbert Street.)
ORDINANCE NO. 2529: Councilman Clark offered Ordinance No. 2529 for first read-
ing.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14'.32, SEC-
TION 14.32.190, PARAGRAPH 23 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO
PARKING. (No Parking - Portions of Crescent Avenue.)
ORDINANCE NO. 2530: Councilman Krein offered Ordinance No. 2530 for first read-
ing.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SEC-
TION l4.32.l90, PARAGRAPH 39, OF THE ANAHEIM MUNICIPAL CODE, RELATING TO
PARKING. (No Parking - Portions of Lincoln Avenue.)
ALCOHOLIC BEVERAGE LICENSE APPLICATION: Application submitted by Joe Taylor
Pharris and John William Emge for New On-Sale Beer and Wine License at
Rib-Rack Bar-B-Que, 499 South Brookhurst Street, (C-l zone, Conditional
Use Permit No. 994,) was presented by the City Manager to the City Council
for their information.
No Council action was taken on said application.
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68-306
City Hall. AIlaheim~ Ca1ifornia- COUNCIL MINUTES.- June 5. 1968. 1:30 P.M.
REQUEST - CITY OF IRWINDALE: The City Clerk refe~~!~ to request received from
the City of Irwinda1e~ held over from the p~~:meeting, asking suPPo.~t
of opposition to ~,~emblY Bills 2017 through 20~.i!~1~!live, relating to
consolidation and annexation, and disincorporation of cities having a popula-
tion of less than 2,500, and recommended tb~,Jissuc::: ',)';:; t;ontin'.lcd to June '.1;
1968, after the City Manager and the City Attorney have had an oppori.:unii.:y
to review the request. So ordered by the City Council.
STATE OOMPENSA . NINSURANCE - DIVIDEND" For the i!lformation of the City Council,
the City _ ager reported on commdiication re~~ive~ from State Compensation
Insurance Fbnd, enclosing dividendI earned by~he ~ity of Anaheim, in the
amount of $53,194.72.
ARCHITJ!X:TURAL SEIlVUWS- CONVENTION CENTBll,:.,'. Mr. Mur~och briefed the City Council
on the progress~of the plans for additions and modifications to the Convention
Center, advising that preliminary plans have bee~ drawn up for a box office
addition, a food service storage area, and patio enclosure.
Convention Center and Stadium Director, Tom Liegler, described the
proposed additions, and displayed the schematic drawings prepared by Adrian
Wilson Associates. He .pointedout the need for addition~l space for the box
office, and explained' t.ha~.when the structure was originally ~signed, the
operation did not include handling money for the parking lot operation. He
stated that a thorough study had been made by his staff anci.'()t~er departments,
in selecting the most appr~ptDlte location for this addition, and listed the
c~iteria used in arriving at the decision to build a separate structure in
the present box office location~ to be incorporated into the buildi~g design.
Mr. Murdoch advised the Council that the tentative estimated cost
of the box office addition was $80,000.00, arid that the COS.t of the schematic
drawings was $3,929.73.
Upon recommendations of Mr. Murdo~h and Mr. Liegler, Councilman
Krein moved to authorize the remainder of the $lO,OOO.OOallocated for plans
be used for working drawings for the box office 'and any funds that remain for
the foo1 service and storage area. C0unci1man Schutte seconded the motion., MQ.TION
CARRIED.
. For the Council's information, Mr. Liegler and 'Mr. Murdoch described
the location of the proposed food,storage facilities and explained the need
for additional space. Mr. Liegler also outlined plans to convert the patio
into an additional meeting room, to be used as a cafeteria for conventioneers
and/or employees.
REQUEST - TOMMY WALKER (TEEN TIME U.S.A.): Mr. Murdoch reported on a communication
from TOIElY Walker, President, Entertainment Attractions, Incorporated, request-
ing that the City review the $1,910.25 fee billed for use of the parking lot
in connection with "Teen Time U.S.A."
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Council discussion followed, with Mr. Murdoch and Mr. Liegler point-
ing out that the billing was in accordance with the contract with Teen Time
U.S.A~, and was actually ,less than the normal rental fee charged for that space;
also the City paid for repairing the holes in the parking lot caused by the
temporary fencing of the parking area invo~ved.
The City Council agreed that the charge was fair and should stand.
REQUEST - TOMMY WALKER (FOURTH OF JULY PAGEANT. ): . Mr. Murdoch summarized communi-
cation from .Tommy Walker, President, Entertainment Attractions, Incorporated,
requesting special consideration by the City of Anaheim for the Fourth of
July Pageant to be held at Anaheim Stadium. Mr., Walker agrees the minimum
rental should prevail, however, requests approval of the following agreement:
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68-307
City Hall. Anaheim. California -COUNCIL MINUTES, ...June, 5. 1968.~ 1: 3~ P.M.
"Because Licensor finds that .it is in the public interest that the
event referred to in this agreement. be held on an annual basis, Licensor
agrees that .if Licensee suffers a loss, wherein -Licensees' operating ex-
penses exceed.its gross revenues, Licensor will share with Licensee, in
order to make up such loss, any profits derived from operation of conces-
sions and parking up to a maximum of $5,000.00. Such sharing will in no
event exceed $5,000.00 or the profits derived from the concession and
parking operation, whichever is the lesser. "Operating Expenses" as used
in this paragraph shall not inc1udeconuqissions or salaries for any of the
investors of Licensee." .. .
Discussion was held by the City Council and it was agreed and
recognized that the Fourth of July Pageant had community value as a patri-
otic event; thereupon, .on motion by Councilman Krein, seconded by Council-
man Schutte, the agreement made in 1966 was authorized for the 1968 Pageant.
(If 'the cost of production exceeds the gross revenues by any part, the pro-
ducer am share in the net parking and concessions to the extent of $5,000.00,
or to the actual net income from. concessions or parking, whichever is les-
ser.) MOTION CARRIED.
RESOLUTION NO. 68R-314: Because of a possible conflict of interest, Mayor Pebley
withdrew from the discussion and action on this, issqe, and Mayor Pro-Tem
Schutte assumed chairmanship of tha meeting.
On the recommendation of the City Attorney, Councilman Dutton of-
fered Resolution No. 68R-314 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CI,TY OF ANAHEIM APPROVING AND
AUTHORIZING THE EXECUTION OF A LEASE BETWEEN THE CITY OF ANAHEIM, AS
LESSOR, AND TASK CORPORATION, AS LESSEE, W'!TH REFERENCE TO THE LEASING
OF CERTAIN PREMISES FOR PARKING PURPOSES. (North of Vermont - East of Olive.)
Roll Call Vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Dutton, Krein, Schutte and Clark
None,
Pebley
None
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
The Mayor Pro-Tem declared Resolution No. 68R-3l4 duly passed
and adopted.
Mayor Pebley resumed chairmanship of the meeting.
RESOLUTION NO. 68R-3l5: On the retommendation of the City Attorney, Councilman
Krein offered Reso1ution'No. 68R-31S for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF TH~ CITY OF ANAHEIM APPROVING AND
AUTHORIZING THE EXECUTION OF AN AGR~T WITH THE COUNTY OF ORANGE
ENTITLED "JOINT AGREEMENT FOR THE OPERATION OF THE ORANGE COUNTY AUTO-
MATIC TELECOMMUNICATIONS SYSTEM."
Roll Call Vote:
AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley
NOES: COUNCILMEN:' None
ABSENT: . COUNCILMEN: None.
The Mayor declared Resolution No. 68R-315 duly passed and adopted.
68-308
City Hall. Anaheim. California - COUNCIL MINUTES - June 5. 1968. 1:30 P.M.
"CARROUSEL OF ANAHEIM": Mayor Pebley read communication from the Cultural Arts
Committee, Women's Division, Anaheim Chamber of Commerce, expressing grati-
tude for the City's sponsorship and making the Convention Center facilities
available for the 1968 "Carrousel of Anaheim," and requesting the dates of
May 3,4, and 5, 1969, be reserved for the 1969 "Carrousel of Anaheim."
Mrs. Ama Cruse, President of the Women's Division,addressed the
City Council, expressing gratitude for City participation in the "Carrousel
of Anaheim," and described the success of the event which included total
community participation.
Councilman Schutte moved that the "Carrousel of Anaheim" be estab-
lished as a commun~ty event tQ be sponsored by the City and staged at the
Convention Center on May 3, 4, and 5, 1969, with the operating expenses, in-
cluding rental of the parking facilities, to be borne by the City; the event
to be under the sole guidance of the Cultural Arts Committee, Women's Divi-
sion, Anaheim Chamber of Commerce, as agent for the City. Councilman Clark
seconded the motion. MOTION CARRIED.
RECLASSIFICATION NO. 67-68-70 AND VARIANCE NO. 1965: Councilman Dutton noted at
the last meeting Mr. . Ta1t recited State law provisions and points and authori-
ties relative to action taken by Councilman Schutte, with reference to "Con-
flict of Interest" in the above-noted zoning applications.
Councilman Dutton advised that he had requested the City Attorney
to explore the situation and report on what constituted conflict of interest,
and thereupon asked Mr. Geisler to inform the Council of his findings on the
common law and .public policy as it applies to this case.
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Mr. Geisler referred to two papers on the subject, prepared by City
Attorneys, which were copied and delivered to each Councilman. He stated the
papers contained suggestions and recommendations, however, the opinions were Il...
basically the same .as he previously reported, and that is, a conflict of in- .
terestwou1d be i1iega1 when dealing with a contractual matter with the City.
As to any other conflict of interest, there were no particular rules or regu-
lations.
Regarding the case presented by Mr. Talt, Mr. Geisler advised that
there are specific requirements, clarified by law, where a conflict of in-
terest does not exclude a councilman from participation, such as a hearing
of protest on an assessment district, and as another example, selecting a
mayor.
Regarding a zoning matter, there were no laws to cover this situa-
tion, nor any cases that hold a conflict of interest to be illegal, however,
the recommendations made, as :;O':3C?: in a third paper which he has requested
to be sent to him, deals with a provision where a city council may adopt,
by ordinance, a Code of Ethics, wherein the areas of conflict of interest,
where a councilman must disqualify himself, would be detailed.
Mr. Geisler stated he has read most of the points and authorities
cited by Mr. talt, however, he did not have a written report in connection
with this.
One area which Mr. Geisler advised he would prepare a written recom-
mendation was a Charter Provision, requiring three affirmative votes to adopt
an ordinance or resolution, as the Charter, as written could prevent a major-
ity of a quorum from adopting a resolution or ordinance. If a procedural or-
dinance is considered, it should also set forth the final disposition of an
ordinance or resolution, in the case of a tie vote.
In answer to Councilman Dutton, regarding subject incident, Mr.
Geisler restated his opinion in that this was a conflict of interest, however~
not a disqualifying conflict of interest that would prohibit a vote.
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68-309
City s.11. Anaheim. California - COUNCIL MINUTES - June 5. 1968. l:30 P.M.
Councilman Dutton questioned the Council's action, and noted pos-
sible litigation, due to the fact that in each instance Councilman Schutte
voted before the vote became tied.
Councilman Dutton thereupon read excerpts from papers prepared for
the City Attorney,Division of t~e League of California Cities, as duplicated
for each Councilman, covering briefly the following:
l. Paper presented by Robert Costello, City Attorney of Redwood
City, on "An Analysis of Conflict of Interest - Statutes Adopted by the 1963
Legislature," relative to a non-contractual matter, wherein prosecution may
result under certain sections of the Government Code and Penal Code.
2. "Ethics in Public Life," statements of fO,rmer President Herbert
Hoover.
3. Synopsis of specific cases where participation was ruled a
conflict of interest, and where participation was required.
4. Description of "Personal Interest," as contained in the Palo
Al to '-Code.
Councilman Dutton advised that in reading the contents of the pa-
pers submitted, in his opinion, Councilman Schutte's participation in sub-
ject zoning case was misconduct in office. He further stated that he would
have preferred to have the case referred back to the City Planning Commis-
sion, in that the City Council operated on a basis different from that of
the City Planning Commission.
Discussion was held, and Mr.' Geisler noted that in none of the
papers presented is there legislation on a specific ca.se law on disqualifi-
cation, except as it refers to contracts. Further, should the action be
contested, proof that the action was contrary to the public interest would
be required. He noted that the action taken by the City Council was as
recommended. by the 'City Planning Commission, and in his opinion, it could
be defended as legal.
Councilman Dutton felt there should be an amendment to the Charter,
to clarify this point, or an ordinance enacted setting forth clearly when
a conflict of interest exists and does not exist.
Councilman Dutton further reported onv::'dous statements permitted
by COUtt:::~_:-!'(l.en, w::, th. complete immunity, and 'felt that rather than making
d~ging insinuations about a fellow Councilman, if it were felt certain con-
ditions were facts they should be referred to the District Attorney.
Councilman Clark concurred with the recommendation than an ordin-
ance be enacted to clarify this situation beyond any doubt, so that there
would never be e recurrence of a similar incident.
PROPO~ED BUDGET. 1968-69: On motion by Councilman Clark, seconded by Councilman
Dutton, public hearing was scheduled on the proposed 'I"...,.: June 18, 1968,
1: 30 P. M. MOTION CARRIED.
VISITOR. AID CONVENTION BUREAU DIRECTOR: Mr. Murdoch reported that costs for re-
cruitment for a Director for the Visitor and Convention Bureau by a consult-
ing firm to be $10,000.00.
As the estimated cost was considered excessive, the City Personnel
Department was authorized to proceed with recruitment, as recommended by the
City Manager.
ADj()~: Councilman Krein moved to adjourn. 'Councilman Schutte seconded
~he motion. MOTION CARRIED. (4:5'5 P.M.)
SIGNED > ~- k "he. ?Y--ijL-c;.....-oJ
City Clerk .
68-310
City Hall. Anaheim. California - COUNCIL MINUTES - June 11. 1968. 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley
COUNCILMEN: None
CITY MANAGER: Kei th Murdoch
CITY ATTORNEY: Joseph Geisler
CITY CLERK: Dene M. Williams
CITY ENGINEER: James P. Maddox
ZONING SUPERVISOR: Ronald Thompson
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Mayor Pebley dilled the...et__ t(j(,order.
INVOCATION: Reverend Alfre~~~, of the First Baptist Church, gave the
Invocation.
FLAG SALUTE: Councilman Krein led the Assembly in the Pledge of Allegiance
to the Flag.
PROCLAMATION: Mayor Pebley proclaimed "Angel Booster Day" at Anaheim Stadium,
June 14, 1968.
INTRODUCTION - NEW EMPLOYEES: Mr. David Hill, of the City Personnel Depart-
ment, introduced new employees attending the Council meeting as a
part of the City's orientation program.
Mayor Pebley welcomed the new employees to the City family.
MINUTES: Minutes of the Anaheim City Council meeting held May 14, 1968, were ap-
proved on motion by Councilman Dutton, seconded by Councilman Krein. MOTION
CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Schutte moved to waive l.
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 Clark seconded the motion.
l<<)TION UNANIK>USLY CARRIED.
REPORT - FI~CIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount
of $349,924.93, in accordance with the 1967-68 Budget, were approved.
CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 67-68-67 AND CONDITIONAL USE PERMIT
NO. 1019: Submitted by'Edward and Vivian Simoneaux, Ephrem and Rose A. Laplante,
and Emily E. O'Keefe, requesting a change in zone from R-1 to C-l and per-
mission to establish an automobile service station within 75 feet of a resi-
dential zone, with waivers of maximum building height within 150 feet of a
single-family residential zone, and maximum permitted sign height. Property
described as those lots fronting on the east side of Magnolia Avenue between
Crescent Avenue and Glencrest Avenue, and further described as 604, 608, and
612 North Magnolia Avenue.
Public hearing was continued from the meeting of May 7, 1968, at
the request of the applicant.
Communication dated June 6, 1968 from George L. Argyros and E. Lee
Schultz, was submitted, requesting an additional two weeks continuance of
subject hearing to redesign plans, as recommended by the City Engineer.
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On motion by Councilman Krein, seconded by Councilman Schutte, pub-
lic hearing was further continued to June 25, 1968, 1:30 P.M. K>TION CARRIED.
RECLASSIFICATION NO. 67-68-42. CONDIT IONA!- USE PERMIT NO. 988. AND VARIANCE NO. 1935:
Submitted by Dick Ables, Leonard Smith and Frank Clayton, Jr., requesting a
change of zone from R-l to C-1 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 distance permi~ted be-
tween free-standing signs (Portion Nos. 1 and 2). Property located on the
east side of Euclid Street between Cerritos Avenue and Hells Lane.