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1964/03/267651 City Hall, Anaheim, California - COUNCIL MINUTES - Marcb 26, %964, %:O0.P.M .... The City Council of the City of Anaheim met in adjourned regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Dutton, Chandler (entered the meeting 7:15 P.M.), Schutte, Kreln and Coons. COUNCILMEN: None. CITY MANAGER: Keith A. Murdoch. CITY ATTORNEY: 3oseph Geisler. CITY CLERK: Dene M. Williams. Mr. Harry Williams, Legal Counsel, Citizens Charter Study Committee. The meeting was called to order by Mayor Coons. MEET /HE CANDIDATES PROGRAm: City Attorney Joseph Geisler called attention to a letter received from the Anaheim-Rio Vista Homeowners Association, advising of arrangements made for a "Meet the Candidates" program, April 1,.1964~ to be broadcast through closed circuit television to all elementary schools within the city. Mr. Geisler further reported that the Association requests permission to use a facsimile of the Seal of the City of Anaheim as the background for the program, and in his opinion~ use of the Seal facsimile was a matter of policy, to be determined by the City Council. It was determined by the City Council that the use of a facsimile of the City of Anaheim Seal for this occasion would be appropriate. PROPOSED CITY CHARTER: Mayor Coons asked if anyone wished to present to the City Council any new or different information concerning the proposed Anaheim City Charter. (There was no response from the audience.) Councilman Schutte requested clarification of present General Laws as they pertain to dismissal of members of the Library Board of Trustees by the City Council. Mr. Geisler advised that the State Law provides for nppointment of Library Board members, and the length of their terms, however, there is no expression in the present law to the effect that the appointing body (City Council) has the right of removal; the Library Board differs in this respect from the Planning Commission and the Park and Recreation Commission. In answer to a question of Councilman Schutte's, Mr. Geisler further advised that the tax rate for the City is established after consideration is given to the budget proposed by the Library Board of Trustees, and it must be a rate to meet said budget, not to exceed thirty cents per One Hundred Dollars assessed valuation. Discussion was held by %he City Council, and noted were statements made by Mr. Gray, wherein it was expressed that some provision should be established permitting the Library Board to continue the specialized~opera- tion of the Library in an administrative capacity. Also noted was the fact that therehave never been any administrative problems with the Library. However, under the present law9 once an appointment is made, the positions are beyond the possibility of removal or recall by %he people. At the conclusion of the discussion, it was the consensus of Council opinion that all boards and commissions should be appointed in an advisory capacity. . S~CTION 710 - NEPOTISM: Discussion was held concerning Section 710, and it was the general consensus of Council opinion that the section as written correctly expressed the Council's position. Mro Murdoch reported that Personnel Procedure Rule No. 30 was being amended accordingly, and in line with Council instructions of %he meeting held March 24, 1964. ~ Councilman Schutte asked for Council expression regarding area representation, and whether this should be made a part of the Charter. 7652 Qi%¥ ~11, ~paheim, California - COUNCIL MINUTES - March 26, 1964, 7:00 Discussion was held concerning the care taken in selecting the Citizens' City Charter Committee, in order to obtain broad representation. Also noted was the vote of the committee, recommending the Charter, as drafted, to the City Council. Mr. 3oshua White addressed the City Council, submitting a reso- lution adopted by the Anaheim 3unior Chamber of Commerce, recommending the following: ~ 1. /he membership of the City Council be comprised of six councilmen and a Mayor. 2. This membership to be comprised of Two councilmen-at-large, Four District Councilmen, and a Mayor to be chosen by the Electorate. Mr. White reported that these recommendations have been reviewed and considered by the Special Project Study Committee for approximately one month, and the reasons for said recommendations were as follows: 1. District Council representation provides the citizen with an identifiable representative in City Government. 2o /he existing councilmen-at-large system does not recognize sectional or district differences and could deny certain sections or districts representation. 3° The combination district and councilmen-at-large system avails the individual citizen to alternatives to City Government. 4. Two additional councilmen will increase the efficiency of the City Council as the City reaches the population anticipated in 1975. Mr. White further advised that they admit such a system does not presently exist in the State of California; however in their opinion this system is workable, and a similar system is in effect in a city in the State of Delaware. Councilman Dutton asked Mr. White if he knew of any problems in any certain section of the city, and if so, what were the problems. Mr. White replied that there were no specific problems, that perhaps the greatest problem was that of public apathy, which he felt a system such as the one recommended would eliminate. He gave as an illustra- tion the failure of the Library Bond issue, caused primarily by'public apathy. Councilman Chandler asked under what authority the elected Mayor would acquire administrative powers. Mr, White replied that certain administrative powers of the Mayor would be provided in the City Charter. The question was asked as to how district formation was proposed. Would some be all industrial or all resic~ntial9 Would commercial be divided equally between areas, or would d~strict boundaries gerrymander in an effort to obtain equality in all districts? Mr. White reported that he doubted if how specific districts could be formed was analyzed by anyone, however if the Council considered district representation, he felt certain the mechanics of districting could be worked out; that not only should population be reflected, but area in square miles should also be considered. Mr. White thereupon asked if the Council had given serious con- sideration to district representation. Councilman Chandler replied that he personally had given a great deal of thought to this proposal, and felt certain everyone on the Council had considered it. 7653 Qi.~¥.Hall, Anaheim, California - COUNCIL MINUTES - March 26, 1964, 7:00 ~' MaYo{ Coons was of the opinion that this issue had been a part of Council consideration for the past eight years that he has served on the Council, and that the answer to Mr. White's question was,"¥es, the Council has considered this many times." Mayor Coons further advised that he has received telephone calls from opposite sections of the city, and felt certain he had represented each in the same manner as he would, had he been confined to one area or district. Statements made by Councilman Chandler and Mayor Coons were endorsed by Councilman Dutton, who questioned the abandonment of a highly successful system in favor of one of an unknown quantity. Councilman Chandler further advised that under the present system, the people now have five councilmen to contact concerning their problems, instead of one. Mr. White called attention to the tie vote of the Charter Com- mittee concerning the two issues recommended by the Junior Chamber of Commerce, and requested they be placed before the voters for final decision, Councilman Schutte was of the opinion that the Charter would have a better chance of carrying by adding the two proposals suggested. Councilman Krein felt there was no reason to change the Charter as recommended by the Committee; that if it became imperative later on, the change could be made at that time. SECTION 704 - CITY CLERK'S POWERS AND DUTIES: Attention was called to Items (a) and (b), and it was determined that reference to "books" should be changed to "records" in order to comply with the Charter, should records be maintained on microfilm. ~ SECTION 504 - PRESIDING OFFICER: Discussion was held concerning the method of electing a mayor, and to further clarify the method to be used, it was determined that after the words, "shall elect", there be added "at o~en meeting by roll call vote" one of its members as its presiding officer, etc, Regarding interpretation of Council policies, the word "interpreting" was ordered changed to "'communicating~'. SECTION 502 - CONDENSATION: Mayor Coons referred to the present comPen- sation of councilmen and mayor, advising that in his opinion, the present salary schedule was completely ridiculous, as he and Councilman Schutte were aware of the time required, acting as mayor, and all were awarefof the time required performing the duties of councilman; and thereupon proposed the salary be changed to "Four Hundred Dollars per month" for councilman, and "Eight Hundred Dollars per month" for the councilman elected mayor. He stated this would represent one-tenth of one per cent of the annual City Budget, and requested the amounts be changed to this more realistic figure. Mr. Williams reported that in all fairness to the Charter Com- mittee, all agreed that the Council salary was much too low. .However, the question bothering them was that every change placed in the Charter gathers so many "No" votes; if an item was added that had been defeated at an electio~ it was the thinking of the Committee that the Charter's chances for success would be less. Mr. Williams stated that if the Charter is successful, then the issue could be placed directly to the people to vote upon; that unless a Charter is obtained, there would never be an amendment. ~ Mr. White called attention to the fact that this issue was!one noted in his "Dissenting Opinion", and requested the proposal as suggested by him, wherein the City Council salary may be determined by Ordinance, be considered. ~ It was the general opinion of the City Council that 'any Council would hesitate to increase Council salary, and that this change at this time would not materially affect the success of the proposed Charter. Discussion was held concerning placing the measure on the forth- coming June Primary ballot. ~ 7654 Hall, ,Anaheim, California - COUNCIL MINUT£S - March 26, 1964, 7:,00 P,M, Mr. George Strachan,. representing the Anaheim Chamber of Commerce, advised that the Board of Directors have authorized him to direct a letter to the City Council, requesting that the Charter issue not be placed on the 3une ballot, partly because of its chances of success at a primary election, and partly to receive the Chamber of Commerce recommendations concerning the salary of Councilmen and the Library Board situation. Mr. Murdoch asked if the Chamber of Commerce had taken any action on the possibility of recommending inclusion of school districting in the proposed Charter because of pending legislation. Mr. Strachan replied that this issue was discussed, however no decision was reached~ as another meeting was scheduled to be held next Monday night, Mr. Strachan advised that the committee was unaware that this might be the final hearing before the City Council. Mr. Don Roth was of the opinion that the proposed Charter should be placed on the 3une ballot to stand on its own merits, as the cost would be approximately Twenty-five Thousand Dollars to conduct a special election. Mr. Williams was requested to comment on the proposed school legislation. \ Mr. Williams advised %hat presently, under the Constitution, the School District boundaries can not be altered to be included in a Charter] that this has not been possible since approximately 1956, and if included in the Charter, would be totally ineffective and could nullify the Charter. Further, the Unruh Bill (A.B. 46) has been changed, and if adopted, it would not apply to those cities which have not had School District boundaries co-extensive with city boundaries, as adopted by Charter. Councilman Chandler asked Mr. Williams if the Charter permitted the appointment of an administrative commission under the 3oint Powers Act, such as with a School District, and the School District administering the program. Mr. Williams advised that a Charter was a'restriction of power, and the Council would have any power that was not restricted, and under the proposed Charter~ such a contract could be'entered into under the 3oint Powers Act, Amendments as proposed by the City Council were again reviewed, and Mr. Geisler was of the opinion that a separate provision should be included regarding the vote of the Council to the effect that, "Voice or visual vote shall be made by the City Council on all items, roll call votes shall be required on all ordinances and resolutions~ and upon the request of any Councilman, roll call vote shall be made on any motion." At the conclusion of the discussion, on motion by Councilman Krein, seconded by Councilman Du%ton~ the proposed City Charter as presented by the Citizens City Charter Study Committee and amended by the City Council~ was approved and authorized to be submitted %o the vote of the people for final decision. Mayor Coons called for a roll call vote. Roll Call: AYES .. COUNC IL~EN.. NOES: COUNCI L~EN: ABS F_NT: COUNCILMEN: Dui%on, Chandler, Schutte, Krein and Coons. None° None. Mayor Coons declared the MOTION CARRIED. On motion by Councilman Krein~ seconded by Councilman Dutton, the City Attorney was authorized to prepare necessary resolution requesting the Orange County Board of Supervisors to consolidate and include the proposed City Charter measure on the 3une Primary ballot. 7655 City Hail, Anaheim, California - COUNCIL MINUTRS - March 26, 19.64, 7:00 Mayor Coons called for a roll call vote. Roll Call: AYES: COUNCILMEN: NOES: COUNC I LMEN: ABSENT: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons, None. None. Mayor Coons declared the MOTION CARRIED. TRANSFER OF FUNDS: On motion by Councilman Chandler, seconded by Councilman Dutton, transfer of necessary funds from the Contingency Fund to cover all election costs and charges, was authorized. MOTION CARRIED. ADJOURNMENT'. Councilman Krein moved to adjourn. the motion. MOTION CARRIED. (9:07 P.M.) City Clerk Councilman Chandler seconded Cttv Hall. Anaheim,. Ca.ltforn.~a - ~0UNC. IL MINUTES -March $1.,. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILM~N: Dutton, Chandler, Schutte, Krein and Coons. ABSENT: COUNCILMEN: None. PRESENT: CITY MANAGER: Keith A. Murdoch. CITY ATTORNEY: Joseph Geisler. CITY CLERK: Dene M. Williams. CITY ENGINEER: 3ames P. Maddox. ZONING COORDINATOR: Martin Kretdt. PERSONNEL DIRECTOR: Roy Heissner. Mayor Coons called the meeting to order. MINUTES: On motion by Councilman Dutton, seconded by Councilman Krein, minutes of the Anaheim City Council meeting held March 17, 1964, were approved. MOTION CARRIED. ~E~TA~IVE MAPS~ TRACTS NOS. 5438, 5449, AND 5495 (Reclassification No. 60-61-86}: Developer, Ardmore-Development Co., tracts located as follows: TRACT NO..5438: Located on the' west side of Chippewa Avenue north of 'Crescent Avenue, and contains 3.5 acres, proposed for subdivision ihto 4 condominium lots comprised of 142 parcels of air space and 72 dwelling units (R-3 Zone). %RA~T NO. 5449: Located at the stub end of Gramercy Avenue, east of Chippewa Avenue, containing 3.2 acres, proposed for subdivision into one condominium lot comprising 76 parcels of air space and 59 dwelling units (R-3 Zone). TRACT NO~. 549D: Located west of Chippewa Avenue between Glenoaks and Greenleaf Avenues, containing approximately 10.3 acres, proposed for subdivision into 2 condominium lots comprising 179 parcels of air space and 102 dwelling units (R-3 Zone). Mr. Kreidt noted the location of the subject property, and the uses and zoning in the immediate area, advising that the purpose ~f subject tract map was to subdivide air space and dwelling units into a' total of 7 condominium lots. Also noted was the fact that the land area