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1966/07/059530 City Hall~ Anaheim~ California - CQUNCIL MINUTES - July 5, 1966 - 1:30 The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Dutton~ Pebl~ey~ Schutte~ Chandler and Kreino COUNCILMEN: None. CITY MANAGER: Keith Ao ~urdoch. ASSISTANT CITY MANAGER: Robert Davis CITY ATTORNEY: Joseph Geisler. CITY CLERK: Dene Mo Williams° DEVELOPMENT SERVICES DIRECTOR: Alan Go Orsborno ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Robert Mickelson. ZONING SUPERVISOR: Ronald Thompson. PLANNING SUPERVISOR: Roniald Grudzinskio CITY ENGINEER: 3ames Po Maddoxo Mayor Krein called the meeting to order° INTRODUCTION: Chief Mark A. Stephenson introduced Inspector Guillermo S. Gopello) Director of Criminal Investigation Division, Inspector Ramiro A. Fernandez, Director of Uniform Division of the Montevideo, Uruguay Police Department~ and Interpreter Baldomero Gausch of the State Department. Chief Stephenson reported that his guests were sent here to observe and inspect the Anaheim Police operation. PROCLAMATION: Mayor Krein proclaimed the month of July "Epilepsy Month". Said Proclamation was unanimously ratified by the City Council. MINUTES: Approval of Minutes of meetings held June 21 and 28~ 1966, was deferred to the next meeting° WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Dutton moved to waive the reading in full of all ordinances and resolutions~ and that consent to the waiver of reading is hereby given by all Councilmen, unless after reading of the title~ specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman $chutte seconded the motion. MOTION UNANIMOUSLY CARRIED. PARKING RESTRICTIONS - VICINITY OF 1126 NORTH ANAHEIM BLVD: Request submitted by William Fo Carman on behalf of Triangle Restaurant to lift parking restrictions along Parry Street adjacent to the restaurant property was submitted at the meeting held June 28, 1966~ and deferred to this date for Chief of Police report and recommendation. The Chief of Police recommended that the parking restrictions be removed from the parking lot at the rear of the Triangle Restaurant and on Parry Street. ORDINANCE 2303: Councilman Chandler offered OrdinanceNoo 2303, amending 14032 of the Anaheim Municipal Code by removing parking restrictions as recommended by the Chief of Police. AN ORDINANCE OF THE CITY OF ANAHEIM A~ENDING TITLE 149 CHAPTER 14.32, SECTIONS 14o32o180 AND 14o32o153 OF THE ANAHEIM MUNICIPAL CODE. Chapter RECLASSIFICATION NO. 65-66-85: Submitted by John M. Straine requesting change of zone from R-1 to C-1 on property located at 805 South Magnolia Avenue° Public Hearing was held March 22, 1966~ and May 24~ 1966, at which time said hearing was closed and decision of the City Council deferred to June 21~ 1966~ and again to this date, to consider reclassification (60-61-44) encompassing the entire West side of Magnolia Avenue from Rome Avenue to Ball Road, and to allow for the working out of problems involved by the property owners and Development Services Department. In accordance with request from Mr, Frank Riggi, representing the property owners~ said action was further deferred to July 26, 19669 1:30 p.mo, on motion by Councilman Dutton~ seconded by Councilman Schutteo MOTION CARRIED~ 9531 City. Hall~ Anaheim~ California - COUNCIL MINUTES - July 5 , 1966, 1:30 pom. CONTINUED PUBLIC HEARING - CITY PLANNING COMMISSION RESOLU/ION NOo 2021~ Series 1965-66, recommending an amendment to Title 179 Land Development, Section 17o08o100(c), and RESOLU/ION NOo 2020, Series 1965-66, recommending an amendment to Title 18~ Section 18o28o050~ Site Development Standards. Public Hearing was held June 8, 19669 and continued to this date for reports ant recommendations from the City Attorney~ Development Services Department, and City Planning Commission9 relative to the establishment of a new zoning classification° The City Planning Commission9 at their meeting held June 20~ 1966, reco~ended the addition of Chapter 18o26 to the Anaheim Municipal Code9 to be entitled "R-2-5000, Low Medium-Medium Density Single-Family Zone", and as an alternative, to include said requirements in the R-R Zone. Mro Ronald Grudzinski briefly reviewed the former hearing before the City Council, and reported that the goal was to provide the mechanism whereby 5000 square foot lot subdivisions could be established° It was de- termined that such a provision should be provided in those areas designated for iow-medium or medium density residential development upon the General Plano Mr~ Grudzinski referred to a draft of an ordinance and advised that the designation of the zone was worded that so anyone wishing to use this classification would be aware of what areas in the community it could be applied tOo Mro Geisler reported that since traditionally "R-R" has always been a designation indicating duplex development9 the title should clearly indicate that R-2, 5000 is not for 5000 square foot lots for duplexes9 and in his opinion, legally, there should be some other designation such as "R-29 5000-Detached"~ or "R-2, 5000-$ingle"o Mro Geisler further reported that the General Plan, being general in nature~ that the F._.~oseg new zone should be in areas "appropriate" for development for multiple-family purposes, due to the fact that many existing R-3 and R-R zones are not reflected on the General Plano Regarding setbacks~ Mro Geisler was of the opinion that the five- foot minimum setback as proposed would be all that would be enforceable. The Mayor asked if anyone in the audience wished to address the Council on this issue° There being no response, declared the Hearing closed° Discussion was held by the City Council and Councilman Chandler was of the opinion that the designation "R-2, 5000" was misleading to the general public9 and should be changed to reflect the fact that only single- family development would be permitted in this zone, and not R-2o Mro Alan Orsborn reported that they were endeavoring to build a safeguard into the ordinance to incorporate R-R, 5000 single-family density as a permissive use in the multiple family zone; the intent being to reduce the density in the multiple family zone and to encourage the reduction of density use° He further reported that their objections to a "R-l, 5000 Zone" designation was because of the many reclassification requests that would be forthcoming which could encourage such requests in existing R-1 7200 square foot zones; that they were endeavoring to clearly indicate that this would be a permissive use only in a multiple family zone° It was further noted that, should the new zone be established, it would in no way permit this type of development in existing R-2 or R-3 zones; that in each instance it would require separate applica~onso Councilman Chandler was of the opinion that with each application, the City Council would be faced with public dissension on the R-R designa- tion, because it did not reflect the fact that it would be for single family development° ORDINANCE NO. 2304: Councilman Pebley offered Ordinance Noo 230~ for first reading, amending the Anaheim Municipal Code Title 179 as recommended by the City Planning Commission° 9532 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 5~ 1966, 1:30 pomo AN ORDINANCE OF THE CITY OF ANAHEIM A~ENDING TITLE 179 CHAPTER 17.08~ SECTION 17~08o100 OF THE ANAHEIM MUNICIPAL CODE° ORDINANCE NO. 2305: Councilman Pebley offered Ordinance Noo 2305 for first reading~ amending the Anaheim Municipal Code Title 18~ as recom- mended by the City Planning Commission~ creating a new zone to be desig- nated "R-2~ 5000-One Family Zone"~ and changing Section 18.26.010- Description and Purpose: to areas "appropriate", rather than "designated", for low-medium and medium density residential development on the General Plano AN ORDINANCE OF THE CITY OF ANAHEIM A~ENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTER 18o26o PUBLIC HEARING - ABANDONMENT (66-4A): Pursuant to Resolution Noo 66R-405, duly published and posted in accordance with law~ Public Hea~ng was held on the proposed abandonment of a public utility easement for pole lines and incidental purposes in the general area of Vernon Street and Winston Road° The Mayor asked if anyone wished to address the Council. There being no response~ declared the hearing closed° RESOLUTION NOo 66R-451: Councilman Dutton offered Resolution No. 66R-451 for adoptiono Refer to Resolution Book~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF THAT CERTAIN PUBLIC UTILITY EASEMENT FOR POLE LINES AND INCIDENTAL PURPOSES IN~ ON AND OVER THE HEREINAFTER DESCRIBED REAL PROPERTY. (66-4A) (In the vicinity of Vernon Street and Winston Road)° Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte~ Chandler and Krein. None° None. The Mayor declared Resolution No° 66R-451 duly passed and adopted,~ PUBLIC HEARING - ABANDONMENT (66-5A~: Pursuant to Resolution No. 66R-406~ duly published and posted in accordance with law~ Public Hearing was held on the proposed abandonment of an easement for public utility pur- poses, reserving a public utility overhang easement for electric power lines and cros~arms in the general area north of Kenwood Avenue east of East Street° The Mayor asked if anyone wished to address the Council. There being no response~ declared the hearing closed° RESOLirrION NOo 66R-457: Councilman Dutton offered Resolution No. 66R-452 for adoption° Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF THAT PORTION OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES UPON, OVER~ ACROSS~ ALONG AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTYi AND RESERVING A PUBLIC UTILITY OVERHANG EASE- MEN/ FOR ELECTRIC POWER LINES AND CROSS-ARMS OVER, ALONG AND ACROSS SAID PROPERTY. (66-5A). (In the vicinity of East Street and Kenwood Avenue). Roi1 call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley~ Schutte~ Chandler and Krein. None° None° 9533 City Hall~ Anaheim, California - COUNCIL MINUTES - July 5, 1966, 1:30 P.M. The Mayor declared Resolution Noo 66R-452 duly passed and adopted° PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 75: Pursuant to City Planning Commission Resolution No. 2050~ Series 1965-66, Public Hearing was held to consider an amendment to the Circulation Element - Highway Rights-of-Way of the General Plan, Table of Exceptions, for Haster Street between Katella and Chapman Avenues° The Mayor asked if anyone wished to address the Council° There being no response~ declared the hearing closed° RESOLUTION NOo 66R-453: Council Pebley offered Resolution No. 66R-453 for adoption of General Plan Amendment No. 75 as recommended by the City Planning Commission° Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMEND- MENT TO THE GENERAL PLAN DESIGNATED AS AMENDMENT NO. 75. Roll Call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein. None° None. The Mayor declared Resolution No. 66R-453 duly passed and adopted. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 7R: Pursuant to City Planning Com- mission Resolution Noo 2051, Series 1965-66, Public Hearing was held to consider an amendment to the Circulation Element - Highway Rights-of-Way of the General Plan, to establish "Expressway" as a classification of the Arterial Highways and to designate Santa Aha Canyon Road as an "expressway" with a portion thereof designated as a primary highway° Mr~ Grudzinski advised that such an amendment would not change existing conditions of Santa Aha Canyon Road° It only adds a designation of "expressway" to the Circulation Element of the General Plan~ thereby properly identifying the classification of the road as a highway with limited access points at specific intervals. Mro Murdoch reported that the specific access points have been previously adopted by the City Council. Mayor Krein asked in anyone wished to address the Council. There being no response, declared the Hearing closed. RESOLUTION NO. 66R-a54: Councilman Dutton offered Resolution No. 66R-454 for adoption of General Plan Amendment No. 78° Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMEND- MENT TO THE GENERAL PLAN DESIGNATED AS AMENDMENT NO. 78, Roll Call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton~ Pebley, Schutte, Chandler and Krein. None. None. The Mayor declared Resolution No° 66R-a54 duly passed and adopted. (Councilman Schutte left the meeting, 2:37 pomo, returned 2:50 p.m.) 9534 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 5, 19664 1:30 P.M. PUBLIC HEARING - PROPOSED AMENDMENT - TITLE 18 OF THE ANAHEIM MUNICIPAL CODE: Pursuant to City Planning Commission Resolution Noo 2053, Series 1965-66, Public Hearing was held to consider an amendment to Section 18o52o060~ Site Development Standards of the M-1 zone pertaining to setbacks and landscaping° Mr° Charles Wo Roberts, Assistant Planner, reported on study made by the Planning staff and considered by the City Planning Commission and briefed recommended amendments° With the aid of a map posted on the east wall of the Council Chambers, Mro Roberts indicated various situations and how the Ordinance would regulate the setback and landscape requirements on all types of City streets° Slides were also shown, pictorially illustrating how various setback and landscaping situations would be regulated° Councilmah Pebley~ speaking as a property owner, asked how the new M-1 Site Development Standards would affect the position of an owner of an existing 14-lot industrial subdivision wherein all but two lots were developed~ and commitments were made obligating the owner, by lease, to construct additional facilities under the former Standards° Councilman Chandler referred to Council policy wherein, if the statutes were changed, development was permitted under former regulations, because of a vested interest° Mro Geisler advised that the period of reasonable time in which development under former standards would be permitted was normally six to nine months, and after the expiration of this period~ recourse could be by variance procedure° The Mayor asked if anyone in the audience wished to address the Council. There being no response¢ declared the Hearing closed° ORDINANCE NO. 2306: Councilman $chutte offered Ordinance Noo 2306 for first reading° AN ORDINANCE OF IHE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.52, SECTION 18052°060 OF THE ANAHEIM MUNICIPAL CODE. PUBLIC DANCE PERMIT: Subject to the recommendations of the Chief of Police~ public dance permit was granted to Sociedad Progresista Mexicana #24~ to be held July 17, 1966~ at Carpenter's Hall~ 608 West Vermont Avenue~ on motion by Councilman Dutton~ seconded by Councilman Schutteo MOTION CARRIED° PUBLIC DANCE PERMIT: Subject to the recommendations of the Chief of Police9 public dance permit was granted to Sociedad Progresista Mexicana #33~ to be held July 24~ 19669 at Carpenter's Hall~ 608 West Vermont Avenue9 on motion by Councilman Dutton9 seconded by Councilman Schutteo MOTION CARRIED~ PETITION - NIOBE STREET CLOSURF: Action on the petition requesting the clo- sure of Niobe Street at Brookhurst Street was deferred from the meeting of May 249 1966~ for further investigation by the City Traffic Engineer. Based on the Traffic Engineer's report~ closure and construc- tion of a cul-de-sac on Niobe Street~ and also restricted parking on ~obe ~ree~, wa~ den~ed a~ ~hls tlme~ on motion by Councilman Dutton~ seconded by Councilman $chutteo MOTION CARRIED° VARIANCE NOo 1072: Request of Oresto Grottolo for extension of time to Variance No° 1072 was granted for a period of two years, or until such time as the property is sold~ whichever occurs first9 as recommended by Development Services Department, on motion by Councilman Dutton, seconded by Councilman Pebleyo MOTION CARRIED° 9535 City Hall, Anaheim~ California - COUNCIL MINUTES - July 5~ 1966~ 1:30 P.M. SIDEWALK WAIVER - 1651-1701SOLFfH S/ATE COLLEGE BOULEVARD: Request submitted by Fo W. Lloyd on behalf of Santa Fe Equipment Company for waiver of side- walk and concrete approach requirements, property located at 1651 and 1701 South State College Boulevard was granted~ subject to no permanent planting or permanent type improvements be permitted in the area reserved for future sidewalk, on motion by Councilman Dutton~ seconded by Councilman Pebley. MOTION CARRIED° BOND - SANTA FE EQUIPMENT COMPANY: Reduction of bond from $3,000°00 to $1,500o00 was authorized~ as recommended by the City Engineer~ on motion by Councilman Dutton~ seconded by Councilman Pebleyo MOTION CARRIED. BUILDING MATERIAL STORAGE YARD - WEST SIDE STATE COLLEGE BOULEVARD - CITY OF FULLER/ON: Mro Ronald Thompson reported that the City of Fullerton has received a request for a material storage yard on State College Boulevard, and inasmuch as the City of Fullerton does not have site development stan- dards, recommended that it be pointed out to them that State College Boule- vard is a primary highway running north and south through the City of Anaheim~ and further recommended that approval carry a requirement that development be consistent with Anaheim M-1 Site Development Standards. The above recommendation was accepted and letter authorized ac- cordingly on motion by Councilman Chandler, seconded by Councilman Dutton. MOTION CARRIED. RESOLUTION NO. 66R-455: In accordance with recommendations of the City Engineer, Councilman Pebley offered Resolution NOo 66R-455 rejecting all bids re- ceived on 3ob Noo 3507 and 889° Refer to Resolution Book° A RESOLUTION OF /HE CITY COUNCIL OF THE CITY OF ANAHEIM REJECTING ALL BIDS RECEIVED UP TO THE HOUR OF 2:00 P.M. ON 3UNE 16, 1966, FOR PUBLIC WORKS 30B NOS~ 3507 AND 889-PHASE I. Roll Call vote: AYES: COUNC I L~EN: NOES: COUNCILMEN: ABSENT: COUNC I LMEN: Dutton, Pebley, $chutte, Chandler and Krein. None° None° The Mayor declared Resolution No. 66R-455 duly passed and adopted. RESOLUTION NOo 66R-456: In accordance with recommendations of the City Engineer, Councilman Chandler offered Resolution No. 66R-456 for adoption, awarding 3ob Noo SS455B to the Ro J° Noble Company, the low bidder° 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 U/ILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT: THE BROADWAY STREET IMPROVEMENT~ FRONI LOARA STREET TO APPROXI- MATELY 1912065 FEET EAST THEREOF, IN THE CITY OF ANAHEIM, JOB NO. SS 455B. ($22,405o30), Roll Call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton~ Pebley~ Schutte, Chandler and Krein. None° Noneo The Mayor declared Resolution Noo 66R-456 duly passed and adopted. RESOLUTION NOo 66R-457: Councilman Chandler offered Resolution No. 66R-457 for adoption° 9536 City Hall~ Anaheim, California - COUNCIL MINUTES - July 5~ 1966, 1:30 P.~. Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC- TION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE ZEYN-NORTH STREET STOP~ DRAIN IMPROVEMENT, IN THE CITY OF ANAHEIM~ 30B NO. 955, APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF (Bid Opening 3uly 28~ 1966)o ' Roll Call vote: AYES: COUNCI I3~EN: NOES: COUNCILMEN: ABSENT .' C OUNC I LMEN: Dutton, Pebley, Schutte, Chandler and Krein. None. None° The Mayor declared Resolution No. 66R-457 duly passed and adopted° CANCELLATION OF COUNTY TAXES: On motion by Councilman Pebley, seconded by Councilman Dutton~ the Orange County Board of Supervisors were requested to cancel county taxes on property acquired by the City of Anaheim for municipal purposes~ pursuant to Resolution Noo 66R-108~ from Aeroc~ Inc.~ recorded 3une 23, 1966, in the office of the County Recorder~ Book Noo 7969, Page Noo 905o MOTION CARRIED. RESOLUTION NO. 66R-458: Councilman Chandler offered Resolution Noo 66R-458 for adoption° Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM INFORMING THE COUNTY OF ORANGE, ROAD DEPARTMENT, OF CERTAIN CHANGES IN THE CIRCULATION ELEMENT OF ARTERIAL STREETS AND HIGHWAYS ON THE GENERAL PLAN, AND REQUEST- ING THE COUNTY (1: ORANGE TO ADOPT SAID CHANGES INTO THE COUNTY ARTERIAL HIGHWAY MASTER PLAN° Roll Call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley~ Schutte, Chandler and Krein. Noneo None° The Mayor declared Resolution Noo 66R-458 duly passed and adopted° PROPOSED STREET NAME CHANGES: On motion by Councilman Pebley~ seconded by Council- man Dutton~ correspondence received from the Orange County Street Naming Con~nittee~ relative to the following proposed street name changes~ were referred to the City Planning Commission for appropriate action: ao Taylor Street - Lakeview Avenue to Lakeview Avenue° bo Rose Drive - Linda Vista Avenue - 3ef£er$on Street to Rose Drive. MOTION CARRIED° ORDINANCE NOo 2301~ Councilman Dutton offered Ordinance No° 2301 for final reading° Refer to Ordinance Book~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING° (65-66-91 - C-lo Gleason Property.) 9537 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 5~ 1966~ 1:30 P.M. Roll Call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton~ Pebley, Schutte, Chandler and Krein. None° None° Mayor Krein declared Ordinance Nco 2301 duly passed and adoptedo ORDINANCE NOo 2302: Councilman Pebley offered Ordinance No. 2302 for final reading° Refer to Ordinance Book° AN ORDINANCE OF THE CITY OF ANAHEIM A~ENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (65-66-101 - C-3o McCoy Property.) Roll Call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton~ Pebley, Schutte, Chandler and Krein. None° None~ The Mayor declared Resolution Nco 2302 duly passed and adopted. ORDINANCE NOo 23Q7: Councilman Chandler offered Ordinance No. 2307 for first readingo AN ORDINANCE OF /HE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING° (63-64-103 - C-3 Portion Ac) ORDINANCE NOo 2308: Councilman Schutte offered Ordinance Nco 2308 for first readingo AN ORDINANCE OF THE CITY OF ANAHEIM A~ENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (65-66-63(3) - C-O O~Neill Property on Harbor Blvd./ ABC APPLICAIION: Application filed by Robert So Smith and Thomas Fo Doherty for new On Sale Beer License at 1807 West Katella Avenug was submitted for Council information~ No action was taken by the City Council° ABC APPLICATION: Application filed by the Southland Corporation for a new off-sale beer and wine license at 1921 East La Palma Avenue~ was sub- mitted for Council information° On motion by Councilman Dutton~ seconded by Councilman Chandlery conditional protest was authorized on the basis of incorrect zoning° MOTION CARRIED~ APPOINTMENTS - ANAHEIM LIBRARY BOARD: (a) On motion by Councilman Pebley, seconded by Councilman Schutte, Mro Glenn Go Fry was reappointed Member of the Anaheim Library Board for the ensuing term° MO/ION CARRIED. (b) On motion by Councilman Pebley, seconded by Councilman Schutte~ Mrs° Elaine So Golden was appointed Member of the Anaheim Library Board for the ensuing term, replacing Mrs° Martha Go Raymond. MOTION CARRIED. POLICY OF THE COUNCIL - APPOINTMENTS: To avoid possible embarrassment to any individual~ commission or board, the City Manager was requested to draft a policy for further consideration by the City Council, relative to recommended appointees to boards and commissions° APPOINTMENTS - MOTHER COLONY HOUSE ADVISORY BOARD: In accordance with the recom- mendations of the Mother Colony House Advisory Board, on motion by Council- man Pebley, seconded by Councilman Schutte~ membership of said board was 9538 City Hall~ Anaheim, California - COUNCIL MINUTES - July 5~ 1966, 1:30 P.M. increased from five to seven members, and the following appointments made: 1o Mrs° Dixie Edwards, 412 Ea~st Broadway 2o Mr. Stephen Fo Gallagher~ ~06 North Claudina Street 3o Mrs. Florence Powers, 240 Evelyn Drive Mr. Norvald To Ulvestad, 106 North Claudina Street MOTION CARRIED. ANAHEIM STADIUM - PHOENIX RECLINATAi TREE - FINAL PAYMENT AND GUARANTEE: Mr. Murdoch reported on the condition of the Phoenix Reclinata recently transplanted to the Anaheim Stadium site, advising of the weekly care and inspection made by the vendor, and the difficulty encountered in ob- taining insurance on the one-year life of the tree. With the signed statement on the billing personally guaranteeing that the tree will not die from natural reasons or reasons due to the transplanting operation for twelve months, final payment to Mr. Miyasako, the vendor, was authorized on motion by Councilman Dutton, seconded by Councilman Kreino MOTION CARRIED. RESOLUTION NO. 66R-459: Councilman Dutton offered Resolution No. 66R-459 for adoption. Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM A~ENDING AND ESTABLISHING RATES OF COMPENSATION FOR VARIOUS JOB CLASSES, AND SUPERSED- ING RESOLUTION NUMBER 66R-21 AND AMENDMENTS THERETO. (Salaries.) Roll Call vote: AYES: COUNCILMEN: NOES: COUNCII~EN: ABSENT: COUNCILMEN: Dutton, Pebley, $chutte, Chandler and Krein. None° None° The Mayor declared Resolution No. 66R-459 duly passed and adopted. RESOLUTION NO. 66R-460: Councilman Dutton offered Resolution No. 66R-460 for adoption° Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RECOGNIZING LOCAL UNION NO. 47 INTERNAIIONAL BROTHERHOOD OF ELECTRICAL WORKERS AND ESTABLISHING TERMS AND CONDITIONS OF F~PLOYMENT OF CERTAIN F~PLOYEES OF THE CITY OF ANAHEIM. Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCIL~EN; Duff.n, Pebley, $chutte, Chandler and Krein. None° None° The Mayor declared Resolution No. 66R-460 duly passed and adopted° CLAIMS AGAINST THE CITY: On motion by Councilman Dutton, seconded by Council- man Chandler~ the following claims were denied and referred to the insur- ance carrier: so Vernon Co Groth on behalf of Sprayon Products, Inco~ in the amount of $27°26 for damage to lawn sprinkling system, purportedly caused by City Water Maintenance Crew° bo Jack Eo Earle, 1554 Chanticleer Road, for water damage in the amount of $78°00, purportedly caused by maintenance of a fire hydrant June 17, 1966o MOTION CARRIED~ 9539 City Hall, Anaheim, California - COUNCIL MINUTES - July 5, 1966, 1:30 P.M. RESOLU/ION NO. 66R-461: Councilman Schutte offered Resolution Noo 66R-461. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF /HE CITY OF ANAHEIM AUTHORIZING THE GRANTING OF AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR ELECTRICAL DISTRIBUTION FACILITIES; AND AUTHORIZING /HE EXECUTION OF SAID GRANT OF EASEMENT. (pole line - Convention Center site) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton~ Pebley, Schutte, Chandler and Krein. None. None. The Mayor declared Resolution No. 66R-461 duly passed and adopted° RESOLUTION NO. 66R-462: Councilman Pebley offered Resolution No. 66R-462. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE CITY OF GARDEN GROVE~ WITH REFERENCE TO THE SALE OF WATER TO THE CITY OF GARDEN GROVE. Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein. None° None. The Mayor declared Resolution Noo 66R-462 duly passed and adopted° RESOLUTION NO. 66R-463: Councilman Schutte offered Resolution No. 66R-463. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Joseph Po Gleason ~ Reclassification 65-66-91.) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton~ Pebley, Schutte, Chandler and Krein. None. None° The Mayor declared Resolution Noo 66R-462 duly passed and adopted~ RESOLUTION NOo 66R-464 - BROADWAY-BROOKHURST ANNEXATION: Councilman Chandler offered Resolution No. 66R-464 for adoption~ accepting affidavit of publication and consenting to the circulation of the petition relative to the Broadway-Brookhurst annexation. Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACKNOWLEDGING RECEIPT OF COPY OF NOTICE OF INTENTION TO CIRCULATE A PETITION RELATING TO THE ANNEXATION OF TERRITORY TO THE CITY OF ANAHEIM AND AFFIDAVIT OF PUBLICATION THEREOF~ AND APPROVING THE CIRCULATION OF SAID PETITION. Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton~ Pebley~ Schutte~ Chandler and Krein. None° None. 9540 ~it¥ Hall, Anaheim, California - COUNCIL MINUTES - July 5, 1966, 1:30 P.M. The Mayor declared Resolution No. 66R-464 duly passed and adopted° PROPOSED CENTREX TELEPHONE SYSTEM: Mro Murdoch briefly reported on study made concerning the installation of the Centrex telephone system proposed to be installed in the basement of the Central Library. WATER: Councilman Schutte reported waste of water in the area of Loara St. between Wilshire and North Streets. RECESS: Councilman Chandler moved to recess until 7:00 P.Mo Councilman Pebley seconded the motion. MOTION CARRIED. (4:00 P.M.) AFTER RECESS: Mayor Krein called the meeting to order. PRESENT: ABSENT: PRESENT: COUNCILMEN: Dutton~i Pebley, Schutte and Krein. COUNCILMEN: Chandler. ASSISTANT CITY MANAGER: Robert Davis. CITY ATTORNEY: Joseph Geisler. CITY CLERK: Dene M. Williams. DEVELOPMENT SERVICES DIRECTOR: Alan Go Orsborn. ASSISTANT DEVELOPMENT SERVICES DIRECTOR: Robert Michelson. ZONING SUPERVISOR: Ronald Thompson. PLANNING SUPERVISOR: Ronald Grudzinski. CITY ENGINEER: James P. Maddox. ASSISTANT CITY ENGINEER: Ralph Pease ~.NyOCATION: Rev° Harold Madden of the West Anaheim Methodist Church gave the Invocation° FLAG SALUTE: Councilman Schutte led the assembly in the Pledge of Allegiance to the Flago PUBLIC HEARING: CONDITIONAL USE PERMIT NO. 826: Submitted by Chiell L. Pharris requesting permission to excavate sand and gravel to a depth of 75 feet~ property briefly described as located at 6722 Miller Street. City Planning Commission granted said conditional use permit in part° Appeal from action taken by the City Planning Commission was filed by Samuel Hurwitz, Attorney for the applicant° Due to illness, and at the request of Mr. Hurwitz,public hearing was continued to 3uly 19, 1966 - 7:00 P.M. on motion by Councilman Schutte, seconded by Councilman Pebley. MOTION CARRIED. PROTEST SPECIAL CARE HOMES: Petition protesting the use of three homes (2213, 2217, and 2221 West Midwood Lane) for special care of mentally retarded children was continued from the meeting of 3une 14~ 1966 for further investigation. Mro Ronald Thompson submitted and read findings of the Development Services Division and opinion of the City Attorney's office wherein in light of the evidence presented thus far the use of the homes conform to the Anaheim Municipal code. Mro Pierson, 1746 Gardenaire Lane related how the area has changed within the last few years with the development of commercial establishments. In his opinion~ the use of subject homes was a business ~ct~v~ty and ~he home-owners in the area should be afforded protection fr~m the encroachment of business in a residential area. Mr° Ted Welander filed a supplemental petition of protest advising that in their opinion the homes were being used as a business and that they feared the future exten~on of this activity and possible inclusion with the existing Convalescent Home. 9541 City Hal~ Anaheim~ California - COUNCIL MINUTES - July 5~ 1966t 1:30 P.M. Mro Welander then read a portion of this supplemental protest petition requesting the City Council concur with their opinion that this is a business venture and has no place in a residential area. Section 18o08o320 of the Anaheim Municipal Code was read defining "family". Mro Welander noted that all three homes were under the management of one individual and further stated that, in his opinion, this had exceeded the Orange County plan of placing these individuals from the Fairview Hospital in individual homes, as they were more restricted now than they were at the Fairview Hospital° Mro Geisler further explained the provisions of the Anaheim Municipal Code and advised that investigation did not indicate this constituted a hospital nor that special care was given; the investigation indicated that the activity was conducted as a single family unit and as permitted under the Anaheim Municipal Code° Mro Geisler further reported~ if the Council wished~ the Code could be changed to restrict the number from five unrelated people to perhaps three° Mro Welander stated that the homes are occupied by mentally retarded adults that do require special care and that this was the basis of the protest° Mr° Schutte related his experience while affiliated with the Good Shephard Home at Terre Bella and further advised that he would oppose placing the children in a residential area° Mro Scott J0 Raymond, 100 W. Valencia Mesa Drive, Fullerton Attorney representing Mrs° Holiday, owner of subject property, noted that according to the findings made thus far and the law as it presently exists~ MtSo Holiday is abiding by the lawo Regarding profit, Mro Raymond stated that when care is given to the retarded, the elderly, or the young and given with a heart, it is given for their benefit and not much money is made° Further, if we as a society want mentally retarded children to approach normality a professional viewpoint must be adopted. Mr. Raymond further noted that no complaint had been filed against the homes~ It apparently was not what they were doing that was objectionable but a passive interference on the basis of apprehension. Mrs~ Elsie Holiday~ 2221Midwood Lane~ reported that the Convalescent Home on Brookhurst had nothing to do with the three homes on Midwood Laneo She further reported that fifteen boys lived in the homes and that not all were mentally retarded, some were afflicted with cerebral palsy or multiple sclerosis. Mrs° Holiday explained the operation and further stated that the last thing she wanted to do was to infringe on the privacy of her neighbors and related an incident where this occured and how it was handled with the construction of a masonry wall. Mrs° Holiday reported on some o{ the progress made by the occupants stating that three graduated from high school this year and further reported that they did not need hospital confinement and without locks on the gates they never leave the grounds because they were happy where they were° 9542 City Hall~ Anaheim; California = COUNCIL MINUTES ~ July 5~ 1966~ 1:30 P.~. Mro George Sheppard, Executive Director of the Orange County Association for Retarded Children, to show the community problem and need for such a service, reported that over 34,000 retarded are located in Orange County alone and that they as an organization are very grateful to anyone that will help in this program° He reported that the aims and goals of the Association was to develop the highest potential possible of the retarded and that much has been learned about the mentally retarded in the past few years and legislation has been enacted accordingly° One program being the foster care program° Mr. Sheppard further reported that it must be recognized that this is a community problem and the only way to meet this program of 525,000 retarded in the State of California is in the home. In conclusion, Mro Sheppard stated that they have found that homes such as those conducted and operated by Mrs° Holiday is the finest way of caring for the mentally retarded people. Mrs° Beatrice Pool, Department of Social Welfare, 2043 North Broadway, Santa Ana, in answer to Council questioning advised that the Welfare Department pays $153o50 per person per month for the support of these children in homes° Mrs° Pool further advised how the young adults were selected to be placed in home care to experience community living under supervision and that they consider the Holiday home outstanding° Mro Raymond filed a statement signed by residents within 300 feet of the Holiday home who did not object to the use of the home. Mro Siegfried~ 1747 Caroleen Lane asked why the Fire Department inspected and insisted on a sprinkler system installation if these homes were not considered a business or special care institution° Mrs° Pool replied that the Welfare Department requires a fire inspection of all the homes and in her opinion the inspection was made for that purpose° Mr° Jim Vickerman~ 1759 Caroleen Lane stated that they were in sympathy with the children of these homes and the problems of the mentally retarded and concede that the children are better here than in a state hospital° Further~ they have accepted the fact that there isn't much that can be done to change the present situation° However, their presence at this meeting was to determine if this use can be further expanded and whether or not this activity falls within the true scope of the foster care program. Mr. Joseph Farber, Anaheim businessman, 184 Wo Lincoln Ave. addressed the Council in support of the Holiday home° Mr. Farber submitted letters of support from Superior Court Judge William Co Spelts, Forrest Strayer~ PhoDo, Clinical Psycholoqist~ Pastor Glenn Wo Wood of the First Southern Baptist Church and Rev. Hugh O"Connor of Sro Justin Martyr Church~ The City Council authorized the above referred to original letters returned to the receivers. It was noted that the issue before the City Council was not the merits of the Holiday operation but whether this activity is in violation of the zoning ordinance of the Anaheim Municipal Code and whether it is a residential use or non-residential use and not whether or not it is a business. 9543 City Hall, Anaheim, California - COUNCIL MINUTES - July 5, 1966, 1:30 Mr. Welander stated that in his opinion the fact that the entire operation was under the management of one person constituted a business° Mrs, Welander asked if a home for the aged required a license~ why didn't this type of special care require a license. Mrs. Dorothy Huffert of the Orange County Welfare Department replied that the State Welfare and Institution determines whether a license is required or not and the state code requires licensing for children under the age of 16 and adults over the age of 65° The people in the subject homes did not fall in either category. Mr. Geisler advised that as for the City of Anaheim if the activity qualifies as a single family a license would not be required and if it exceeded this it would require a license and be a business activity and would not be permitted in an R-1 zone. Councilman Dutton was of the opinion that the activity did not violate the letter of the law but appeared to violate the spirit of the lawo At the conclusion of the discussion it was moved by Councilman Krein that the City Council find that the use of the property is permitted under the Anaheim Municipal Code. Councilman Dutton seconded the motion° MOTION CARRIED. Councilman Dutton moved that the City Attorney and Development Service Division pursue the subject further to determine if there isn't a logical point where this activity or any similar activity might be considered business. Councilman Pebley seconded the motion. MOTION CARRIED, PUBLIC HEARING - BLUE GUM-CORONADO ANNEXATION: Pursuant to Resolution No. 66R-361 duly published in the Anaheim Bulletin and Orange Daily News 3une 2 and 3une 9, 1966 and written notices mailed to owners of property according to last equalized assessment roll~ public hearing was held on proposed annexation of uninhabited territory known and designated as the Blue Gum-Coronado Annexation. The City Clerk reported that no written protests were filed in her office° The Mayor asked if anyone in the audience wished to address the Council° There being no response~ declared the hearing closed. RESOLUTION NO. 66R-465: Councilman Pebley offered Resolution No.66R-465 for adoption° Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A MAJORITY PROTEST HAS NOT BEEN MADE IN THE PROCEEDINGS FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY TO THE CITY OF ANAHEIM KNOWN AND DESIGNATED AS THE BLUE GUM-CORONADO ANNEXATION. Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte and Krein None Chandler The Mayor declared Resolution No~ 66R-a65 duly passed and adopted° 9544 City Hall, Anaheim, California - COUNCIL MINUTES - July 5, 1966, 1:30 P.M. ORDINANCE NO. 2309: Councilman Pebley of.feted Ordinance No. 2309 for first reading. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING THE ANNEXATION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED AS BLUE GUM- CORONADO ANNEXATION. GRADE SEPARATION - KATELLA AVENUE: On motion by Councilman Pebley, seconded by Councilman Schutt~ filing of an application by the City of Anaheim with the Public Utilities Commission for a grade separation of the Atcheson, Topeka and Santa Fe Railroad tracks at K atella Avenue was authorized. MOTION CARRIED. ADJOURNMENT: Councilman Pebley moved to adjourn to July 12, 1966, 10:00 A.M. for the purpose of receiving bids and awarding sale of $2,300,000 Municipal Improvement Bonds, Series B, 1963, and also moved waiver of further notice of said adjournment. Councilman Dutton seconded the motion° MOTION CARRIED. ADJOURN: 9:05 P.M. C%ity Clerk City Hall, Anaheim, California - COUNCIL MINUTES - July 12, 1966, 10:00 A.M. The City Council of the City of Anaheim met in Adjourned Regular Session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Dutton~ Pebley, Chandler and Krein. COUNCILMEN: Schutteo CITY MANAGER: Keith Ag Murdocho CITY ATTORNEY: 3oseph Geisler° CITY CLERK: Dene M. Williams° CITY TREASURER: Maybelle Eo Spencer CITY FINANCE DIRECTOR: Douglas Ko Ogden CITY ACCOUNTING OFFICER: 3ohn Woodstra The meeting was called to order by Mayor Krein who announced that this was the time and place fixed for the opening of bids for $2,300,000°00 Bonds of the City of Anaheim, California, designated Municipal Improvement Bonds, Election 1963, Series B. The following bids received pursuant to notice of sale were publicly opened, examined and read: FIRST WESTERN BANK AND TRUST COMPANY~ THE BANK OF CALIFORNIA N. A., Joint Managers~ Bache & Company, Inc.; First of Michigan Corporation; Bateman Eichler, Hill Richards Inc.; Francis Io du Pont & Compan~bid par, accrued interest to date of delivery, and no premium for bids bearing interest payable annually the first year and semiannually thereafter at the rates of: RATES YEARS ~ 1968 to 1973 z~% 1974 to 1984 4,30% 1985 to 1987