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1966/07/199565 City Hall, Anaheim, California - COUNCIL MIN~ES - July 12~ '1966, 1:30 P.M. ADJO~NMENT: Councilman Chandler moved to adjourn° the motion° MOTION CARRIED. ADJOURN: 9:20 P.M. SIGNED. . ~ity Clerk Councilman Pebley seconded City Hall~ Anaheim~ California -COUNCIL MINUTES -July 19 The City Council of the City of Anaheim met in regular session. PRESENT ABSENT: PRESENT COUNCILMEN: Dutton, Pebley~ Schutte, Chandler and Krein. COUNCILMEN: None° ASSISTANI CITY MANAGER: Robert Davis CIIY ATTORNEY:' 3oseph Geisler CITY CLERK: Dene Mo Williams CITY ENGINEER: 3ames Po Maddox DEVELOPMENI SERVICES DIRECTOR: Alan Go Orsborn ASSISTANT DEVELOPMENT SERVICES DIRECIOR: Robert Mickelson ZONING SUPERVISOR:' Ronald Thompson Mayor Krein called the meeting to order° PROCLAMATION: Proclamation proclaiming July 29, 1966, "Anaheim Night at the Stadium", was unanimously approved° MINUTES: Approval of minutes of meetings held June 28, July 3, July 5 and 12, 1966, was deferred to the next mee{ingo WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Dutton moved to waive the reading in full of all ordinances and resolutions~ and that con- sent 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 Pebley seconded the motion° MOTION UNANIMOUSLY CARRIED~ PUBLIC HEARING - PRECISE ALIGNMENT~ LA PALMA AVENUE: Pursuant to City Plannin9 Com~nission Resolution Nco 2074~ Series 1965-66, Public hearing was held on recommended precise alignment of La Palma Avenue~ between Taylor Street and Imperial Highway. Mr; Ronald Thompson reported that the area encompassed two small segments of La Palma Avenue not previously included in the adopted Precise Alignment~ and with the inclusion of these two areas, the Precise Alignment for the eastern portion of La Palma Avenue will be complete, both in County territory and City %erritoryo The Mayor asked if anyone wished to address the City Council~ there being no response~ declared the hearing closed. RESOLUTION NO. 66R-489: Councilman Pebley o{£ered Resolution No. 66R-a89 for adoption, adopting the Precise Alignment. Refer to Resolution Book° A RESOLU/ION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE PRE- CISE ALIGNMENT OF LA PAi~A AVENUE BETWEEN TAYLOR STREET AND IMPERIAL HIGHWAY, AS SHOWN ON EXHIBII "A" ON FILE WIIH IHE CITY OF ANAHEIM. 9566 City Hall; Anaheim~ California - COUNCIL MINUTES - July 199 1966t 1:30 Roll call vote: AYES: COUNCILMEN: NOES~ COUNCILMEN: ABSENT: COUNCILMEN: Dutton~ Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No~ 66R-489 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE PERMII NO. 850: Submitted by Robert 3; Drabkin and Nicholas Eo Plotnoff~ requesting permission to establish a pawn shop on property presently zoned C-2, located at 139 South Anaheim Boulevard. /he City Planning Commission~ pursuant to Resolution No. 2056, Series 1965-66~ granted said conditional use permit~ subject to the follow- ing condition: 1o That the existing building shall conform to the Uniform Building Code, as adopted by the Ciiy of Anaheim~ prior to the issuance of a Business '' License~ Review of action taken by the City Planning Commission was ordered by the City Council for the purpose of clarifying the proposed operation. Mro Thompson noted the location of the property, and briefly sum- marized the evidence submitted to the City Planning Commission, advising that the applicant proposes to establish a jewelry stor~ and loan and pawn shop~ selling both new and used merchandiseo Ihe Mayor asked if anyone wished to address the Council. Mr. David Collins~ Agent for the applicant~ reported that the lease is written with the provision that the merchandise to be displayed will be new or used merchandise in a like new condition~ and that no guns or other weapons would be displayed in the window~ Mr~ Collins further reported that Mr. and ~rS. Nat Ellis, the pro- posed lessees come highly recommended by the Torrance Police Department. Mr~ Nat Ellis briefly explained the "collateral loan business", advising that he has been in this type of business approximately twenty-one years~ both in San Pedro and Torrance~ California° store° Mrs° Ellis advised of their intention to establish a nice-appearing Mro Collins pointed out that this type of service has not been available in the City of Anaheim~ and is a needed service° The Mayor asked if anyone else wished to address the Council~ there being no response~ declared the hearing closed. RESOLUTION NO. 66R-490: Councilman Chandler offered Resolution No. 66R-490 for adoption, granting Conditional Use Permit Noo 850~ subject to the recommendations of the City Planning Commissiono Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OE THE CIIY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 850° Roll call vote: AYES: COUNCI LMHN: NOES: COUNC I I~EN: ABSEhrr: COUNCILMEN: Dutton~ Pebley~ Schutte, Chandler and Krein None None The Mayor declared Resolution Noo 66R~490 duly passed and adopted. g5~7 City Hall~ Anaheim~ California - COUNCIL MINUIES - July 19~ 1966~ 1:30 P.Mo ORANGE COUNTY WATER DISTRICT SETTLING BASIN - WARNER TRACT: Council action on petition and letter filed by Samuel Hurwitz, et al, opposing plans of Orange County Water District to establish a 90-acre settling basin on Walnut Street east of 3efferson Street, and requesting the City of Anaheim to take action to prevent subject development, was continued from the meeting of 3une 21, 1966~ to allow analysis of available Orange County reports and the practical problems involved~ Mr: Ronald Thompson reported that in response to the City Council request, the City Planning Commission has reviewed the Orange County Water District precise plan for a proposed water spreading facility, to be located near the southeast corner of La Palma Avenue and 3efferson Street; and although it was the feeling that a sand pit per se was not compatible with the industrial developments, it was recognized that water spreading facilities and adequate water supply is essential for continued development of all land in Orange County~ and that the removal of sand on an interim basis was warranted~ Mr. Thompson further advised that the City Planning Commission also considered necessary adequate screening to minimize the deletorious effect to the industrial area by a sand removal operation during this interim per%cdc' Further~ that permits now pending, and those requested in the future in the industrial area~ be required to provide adequate screening. Mr~ Thompson thereupon read the findings and recommendations of the City Planning Commission~ providing for landscaped berms to screen a sand and gravel pit operation. Slides were then shown illustrating how landscaped berms surround- ing pits in other areas could screen the activity° Exhibit of a cross section of a berm construction~ posted on the east wall of the Council Chamber~ was explained by Mr; Thompson. Mr. Samuel Hurwitz briefly summarized the evidence presented and previously considered by the City Council at the last meeting on this issue. He advised that it was his understanding that the City Council requested the entire matter be explored to see if depleted sand pits could function as water settling basins~ and here we have a report of the City Planning Commission on a hearing held yesterday; a hearing held without notification to the property owners involved~ and a hearing wherein the question of landscaping had been explored at lengtho Mr~ Hurwitz again stated that their request to the City Council was to consider whether it is in the best interest of the City of Anaheim; the best interest of the property owners who signed the peti%ion~ and other property owners in the East Anaheim area, to have this ninety-five acres taken off the tax rolls permanently~ depriving the City and County of future taxes; and to prevent the surrounding prol)erty from being downgraded. Mr~ Hurwitz was of the opinion that the sand pit could be hidden by a berm, but the property would never be replaced on the tax rolls~ and the surrounding property would never regain the loss suffered yearly by hiding the hole in the ground~ ~r~ Hurwitz further stated that the facts were: 1~ Is this in violation of the industrial zone integrity of the area? 2.' Are there alternatives~ if in fact, additional water settling basins aren't needed? Br. Hurwitz asked if there were any Engineering Reports of the Orange County Water District indicating that at any time they have been unable to take water available at any given time because of the lack of water settling basins. Reference was made to other reports lacking that would justify this action~ or show need~ 9568 City Hall~ Anaheim~ California = COUNCIL MINUISS - July 199 1966~ 1:30 P.M. Reference was also made to the points raised by the Orange County Water District representatives at the last meeting. Mr. Hurwitz related how, in his opinion~ existing sand pits could be combined and utilized for a settling basin~ meeting the wa%er district's needs without destroying the heart of a prime industrial area. In conclusion~ Mr~ Hurwitz advised that they were not going to be fooled by this ruse of the need of water being used by the Water District to go into a sand business in an area where a sand business has never been permitted before~ and in his opinion, a little or a lot of landscaping would not place the property back on the tax rolls or prevent the area from suf- fering irreparable damage° Councilman Chandler noted that the decision requested from the City Council was one basically belonging to another political body other than the City Council~ and the only determination that could possibly be made would be land use, and that determination, if adverse, would be questionable as there was no assurance that the decision of the Water Dis- trict Board would not be paramount to any decision made by the City Council. In his opinion, the argument should be with the Water District Board, and not the City Council~. Mr, Hurwitz recognized the possibility of overlapping govern- mental jurisdiction; however, in his opinion, considering all facts, the Water District was acquiring subject property for an income producing facility, which was improper as far as the District was concerned~ and should not be permitted if it interferes with zoning and taxes~ which are the responsibility of the City Council as a governmental body. It was his further opinion that the City Council should require proof that their action was necessary in the public interest~ Councilman Schut%e advised of his activity in the formation of the Orange County Water District and his high respect for the Board and Manage- ment. He further stated, however, inasmuch as the former request adjacent to the Orange County Water District property to the 5sst was denied~ in his opinion this also should be disapproved. Councilman Schutte advised that he could not completely accept the position that a sinking basin between Lincoln Avenue and Ball Road would not penetrate into the strata~ and based this position on the experience of his own well.~ In his opinion~ location of a settling basin in the area between Lincoln Avenue and Ball Road would serve the same purpose. Mr, Hurwitz concurred in the opinion of Councilman Schutte, and stated that Mr' Loren Blakely would testify, if necessary~ under oath~ that the existing depleted sand pits can be used for settling basins and the removal of silt would be a minor operation; this, he advised, is expert engineering~ supporting the position of Councilman Schutte. Councilman Dutton referred to the green belt areas proposed along the Santa Aha River, and suggested exploring the feasibility of developing a portion of the river into a recreational area for boating~ fishing~ etc.~ thereby accomplishing necessary water sinking, and in addition, receiving revenue for the recreational use of such an area for perhaps a longer period of time than would be obtained through the sale of sand~ Reference was made to Wind Lake in ±h~ akers£zeld area, where B ' water was diverted from the Kern River £or such a purpose~~ Also mentioned were other areas where this has been accomplished~ Reference was aisc made to the recent annexation of sixty-nine acres of the Santa Aha River bed to the City of Santa Ana~ Councilman Dutton was of the opinion that the possibility of multi- purpose use of the water should be thoroughly explored~ as a spreading activity, if limited to 'the riverbed area, would not disturb anyone. 9569 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 19~ 1966~ 1:30 Mayor Krein advised that in his opinion~ water was more impor- tant than removing from the tax rolls the necessary property to serve a water need° Mr~ Hurwitz was of the opinion there was sufficient time to make the study suggested by Councilman Duttono Councilman Chandler stated he agreed in principle with the suggestion of Councilman Dutton; however it should not be forgotten that the determination of the water needs is basically under the jurisdiction of the Water District~ a duly constituted body under the State of Cali- forniao' Councilman Chandler favored enlisting the Water District's cooperation in discussing'these matters~ but opposed anything other than cooperation with the Water Districtc Mr~ Howard Crooke~ of the Orange County Water District, dis- played a document dated December 59 19589 regarding the economic demand for surplus northern water for Southern California use~ and briefed the contents %hereofo Mr~ Crooke further advised that other utilization of property where the District has water has been considered~ and again briefly explained the need and research that preceded the determinations of the Orange County Water District Board in the long range plan for an adequate water supplyo At the conclusion of the discussion~ and at the invitation of Mro Crooke~ Councilman Schutte moved that the City Council meet with the Orange County Water District Board to discuss the Warner water spreading facilityc Councilman Peble¥ seconded the motion~ MOTION CARRIED° RECESS: Councilman Pebley moved for a fifteen~minute recess° Councilman Schutte seconded said motion° N~DIION CARRIED. (3:55 AFIER RECESS: Mayor Krein called the meeting to order~ all members of the City Council being present° SIGN REQUEST: Request of Walter L~ Brooks~ of Excell-Ad Electric Signs; Inc., to determine an alleged ambiguity concerning the height of an electric sign to be erected for the Capri Cleaners, 508 South Brookhurst Street, was submitted together with reports from the Building Division and the Zoning Division of the Development Services Department° Mro Brooks addressed the Council advising that an interpreta- tion by the City Council relative to Section 18~04o020 was requested~ due to the time element involved in a variance procedure° Photographs were presented illustrating the problem in this particular situation~ and a row of trees that blocked from view nearby residences° ~r~ Brooks advised that his second reason for bringin9 the issue to %he City Council was to establish a precedent and obtain relief by administrative decision ~hen beyond all doubt, substantial compliance with the intent of the ordinance has been made~ and only minor deviations exist, Discussion was held by the City Council, City Attorney and Mro Brooks, and it was agreed that minor infractions of the sign regulations, in most cases~ could be approved° Discussed also was the time, thought and study by City officials and members of the sign industry that preceded the adoption of the ordinance° It was determined that no ambiguity existed in the written pro- visions of the sign ordinance~ and that differences must be resolved by variance procedure° 9570 City Hall~ Anaheim~ California : COUNCIL MINUTES - July 19; 19669 1:30 At the conclusion of the discussion, Councilman Chandler moved that the construction of the requested sign be permitted to a height of 31 feet~ at the risk of the contractor~ and on condition that a variance application be filed within a reasonable time; and further subject to a guarantee that the sign will be lowered to 29 feet (Code requirement) in %he event that said variance were denied° Councilman Pebley seconded the motion° MOTION CARRIED° NORTH BROOKHURST STREET - NO PARKING: Petition and letter opposing the "No Parking" provisions of the 1100 and 1200 blocks~ North Brookhurst Street~ were submitted together with reports from the Chief of Police and City Engineer° Mr~ Anthony Frisco~ 1180 North Brookhurst Street, addressed the Council advising of the neighborhood objection to the establishment of no parking requirements fronting their homes° Mro Frisco reported that only some of the homes involved have access to an alley~ and even those are of the opinion that this was not a proper entrance tog or exit from their homes for the young people° It was his further opinion that the no parking regulations would not slow the speed of the traffic, which was the cause of the major accidents in the area° Mro Frisco advised of the difficulties encountered in servicing their homes~ such as laundry deliveries~ etc~, and further noted that if parking in the alley behind those homes having an alley were permitted, it would be impossible to get %he number of cars in; they in the neighborhood feel the area is a residential area~ and that they have a right to park in front of their homes° Mro Frisco stated that if it was considered absolutely necessary to restrict parking, it should be restricted only at peak traffic times, and not twenty-four hours a day; and further, that the problem was caused by the speed of traffic, and not the parking of cars. Written questions of concern of the neighbors were thereupon submitted for Council consideration. Recommendations of the City Engineer, together with plans modi- fying the "No Parking" restrictions as an interim solution, were submitted and read~ Dro Thomas Rs Mason, Chiropracior and also ordained Minister, i243 North Brookhurst~ reported thai he had no access whatsoever to his home~ and people coming to his home for counseling are required to walk over 100 yards; and although his practice primarily is in another area, emergency calls do sometimes come to his home~ Mr~ Tony Rivas~ 1176 Catalpa, representing the Hawaiian Village Recreation Club~ advised how the parking restrictions would damage the activity of the Club~ and requested the street be restriped, and parking be permitted during the off-hours~ when traffic is lightest. Mro Pat Kennedy~ representing the Hawaiian Village Recreation Club, explained the activities of the Club~ and advised that he had signa- tures of approximately 25 members requesting relief from this provision (referred to signatures were not filed). Mro David Ac Reed, Jro, 914 Fairview Street, addressed the Council in support of statements made by Mr. Rivas and Mro Kennedy, and advised that the Hawaiian Village Recreation Club have been supplying facilities for Boy Scout Troop No~ 22, and it was impossible, according to Scout rules~ to let the children walk to the Scout meetings, and those that do walk are required to go to the signal at Brookhurst Street and La Palma Avenue. Mr.. Reed further noted that the parking restrictions affect other than tho~e living in the area. 9571 City Hall~ Anaheim~ California - COUNCIL MINUTES = July 19~ 1966~ 1:30 Mro Jo W. Davis, Jrt, resident in the 1200 block of Brookhurst Street, agreed that the accident rate on the street was high, but was also of the opinion that nine out of ten of the accidents are caused by tran- sients and people living in other areas, and not by those living in this area° Mr. Davis advised that from the overpass of the Santa Ana Freeway to Valencia Street in the City of Fullerton, traffic sometimes flows at higher than fifty miles per hour, and for many years he had requested police protection against this condition. As a result, radar checks have been made at a time when traffic is light. He thereupon requested a radar check be made between the hours of 6:30 A.M. and'9:00 AoM.~ and'3:30 P.M. and'6:00 P~Mo, and further requested that a pre-set traffic light be installed at Brookhurst and Huntington Drive, so that the maximum speed of traffic could be set at thirty-five miles per hour; and that the parking be restricted only at the peak traffic hours from 6:30 A~Mo to 9:00 A.Mo, and'3:30 PoM. to'6:30 P.M. Mro Maddox, City Engineer, stated that they realized that there were some problems involved; however~ in light of the evidence presented~ requested further time to again review the situa~on. On motion by Councilman Schutte, seconded by Councilman Dutton, said issue was continued to July 26~ 1966, 1:30 P~M. MOTION CARRIED. Mr. Robert Davis; Assistant City Manager, suggested that during the interim, the signs be covered and the no parking restrictions not be enforced. : ORANGE COUNTY USE VARIANCE Ngo 5757: To establish a retail store for farm products in an R-I Single Family District, located on the west side of Brookhurst Street~ approximately 480 feet north of CerritoS Avenue, was submitted together with excerpts of the City Planning Commission meeting held July 18, 1966~ recommending that the Orange County Planning Commission be urged to deny said permit. Recommendations of the City Planning Commission were sustained, and ordered forwarded to the Orange County Planning Commission for their consideration, on motion by Councilman Chandler, seconded by Councilman Pebley. MOIION CARRIED. CONDITIONAL USE PER, II NO. 858: Action taken by the City Planning Commission granting Conditional Use Permit Noo 858, subject to conditions, to permit on-sale liquor in conjunction with the~restaurant activity at 1840 South Harbor Boulevard (Royal Viking Restaurant), was submitted for Council information. No action was taken by the City Council; however, it was noted that the appeal period was in existence~ and any change in position prior to the expiration of the appeal period would be at the risk of the applicant. RESOLUTION NO~ 66R-491: In accordance with the recommendations of the City Engineer, Councilman Dutton offered Resolution No. 66R-491 for adoption° Refer to Resolution Book~ A RESOLUTION OF THE CITY COUNCIL OF THE CIIY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE ~URNISHING O~ ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND P~R- FOR~ING ALL ~DRK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVF~NT: THE IMPROVF~EN7 OF THE GEORGE HANSEN CON'UNITY PARKSITE, AT THE NORTHEAST CORNER OF CRESCENT AVENUE AND VEN~URA STREET, IN THE CIIY OF ANAHEIM, JOB NO. 971o (Silveri Construction Company ~ $9,765°00) Roll call vote: 9572 City Hall; Anaheim; California ® COUNCIL MINUTES ~ July 19~ 1966; 1:30 AYES: NOES: ABSENT: TEMPORARILY ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Schutte, Chandler and Krein None None Pebley adopted. The Mayor declared Resolution Nco 66R-491 duly passed and RESOLUTION NO o 66R-492: In accordance with recommendations of the City Engineer, Councilman $chutte offered Resolution Nco 66R-492 for adoption° Refer to Resolution Books A RESOLUIION OF IHE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPIING A SEALED PROPOSAL AND AWARDING A CONTRACT TO /HE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORIATION, INCLUDING POWER, FUEL AND WATER, AND PERFORm- ING ALL WORK NECESSARY IO CONSTRUCT AND GOMPLEIE IHE FOLLOWING PUBLIC IMPROVEMENT: THE IMPROVEMENT OF SAGE PARK, AT THE CORNER OF LIDO LANE AND LIDO PLACE, IN THE CITY OF ANAHEIM, JOB NO. 9750 (Silveri Construction Co. = $14,819.40) Roll call vote: AYES: NOES: ABSENT: COUNCILMEN~ Dutton, Pebley~ Schutte, Chandler and Krein COUNCILMEN: None COUNCILMEN:' None The Mayor declared Resolution Nco 66R-492 duly passed and adopted. DEEDS OF EASEMENT: Councilman Schutte offered Resolution Nos~ 66R-493 through and including 66R~501 for adoption. Refer to Resolution Book~ RESOLUTION NO. 66R-493: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CIIY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Ho K. Marvin) RESOLUTION NO. 66R-.494: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANI DEED CONVEYING IO THE CITY OF ANAHEIM CER- TAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSBS. (Margaret Bi Boysen) RESOLUIION NO. 66R-495: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CER- TAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (3ack E. and Marjorie P~ Riley) RESOLUTION NO. 66R-496: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING IO THE CITY OF ANAHEIM CER- TAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Gulf Oil CorporatiOn) RESOLUIION NO. 66R-497: A RESOLUTION OF THE CITY (/DUNCIL OF THE CITY OF ANAHEI~ ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEI~ CER- TAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UIILIIY PURPOSES. (3ames We and Lois 3. Connely) RESOLUTION NO~ 66R=~98: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING 5ASF~ENI GRANI DEED CONVEYING TO THE CITY OF ANAHEIM CER- TAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UIILITY PURPOSES. tlLeo Baudino and Barbara Baudino; Kenneth H~ and Gwendolyn Dar%) RESOLUTION NOo 66R~499: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPIING EASEMENT GRANT DEED CONVEYING TO THE CIIY OF ANAHEIM CER- TAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Chester M~ and Lular E~ Chaplin) 9573 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 19~ 1966~ 1:30 P.M. RESOLUTION NO. 66R-$00: A RESOLUTION OF IHE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASFJ~_NT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CER- TAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (David Ho and Ruth Wo McConnell) RESOLUTION NO. 66R-501: A RESOLUIION OF THE CIIY COUNCIL OF THE CITY OF ANAHEIM ACCEPIING EASEM~N/ GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CER- TAIN REAL PROPER/Y FOR AN EASEMENT FOR ROAD AND PUBLIC UIILITY PURPOSES. (Edward and Helen Mo Real) Roll call vote: AYES: NOES: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein, COUNCILMEN: None COUNCILMHN: None Mayor Krein declared Resolution Nos. 66R-493 through and including 66R-501 duly passed and adopted~ CLAIM AGAINST IHE CIIY: Copy of claim filed by Betty Murray, in the amount of $250,000°009 for purported injuries to son, Robert, was submitted. On motion by Councilman Pebley, seconded by Councilman Dutton, said claim was denied due to insufficiency of form, as recommended by the City Attorney° MOIION CARRIED. CITY HALL SPACE ANALYSIS: On motion by Councilman Dutton, seconded by Councilman Schutte~ public discussion was scheduled to be held August 8, 1966, 7:30 P.M~ on the City Hall Space Analysis Report. MOTION CARRIED. RESOLUTION NO. 66R-~02: Councilman Dutton offered Resolution No. 66R-502 for adoptiono Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING THE GRANT DEED IN FAVOR OF THE CITY OF ANAHEIM EXECUTED BY J. S. BELOND AND RUTH M. BELOND.~ (Extension of La Palma Avenue) Roll call vote: AYES: NOES: ABSENT: COUNCILMEN:' Dutton; Pebley; Schutte, Chandler and Krein COUNCILM~N: None COUNCILMEN: None /he Mayor declared Resolution Not 66R-502 duly passed and adopted. (Councilman Pebley left the meeting - 4:35 P.M.) CONVENTION SIIE: Mr. Davis submitted to each Councilman a copy of a proposal received from the Percy Ho Goodwin Company to lease approximately two acres on the Katella Avenue frontage for future Council consideration. RESOLUTION NO. 66R-~03: Councilman Dutton offered Resolution No. 66R-503 for 7 adoption. Refer to ResoluTion Book. A RESOLUTICN O~ THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF A~ A~ENDMENT TO THAT CERTAIN CONTRACT FOR GEOLOGICAL ENGIN- EERING AND coNSULTATION SERVICES ENTERED INTO ON JANUARY 26~ 1965 BETWEEN THE CITY OF AN,~HEIM AND DAMES AND MOORE. Roll call vote: AYES: NOES: ABSENI: COUNCILMEN:' Dutton, Schutte~ Chandler and Krein OOUNCILMEN: None COUNCILMEN: Pebley The Mayor declared Resolution No. 66R-503 duly passed and adopted. 9574 City Hall~ Anaheim~ Cali{ornia - COUNCIL MINUIES - July 19~ 1966~ 1:30 LEASE OF CITY-OWNED PROPERTY - HOBOS TRUCKING COMPANY: Request of HobbS Trucking Company to exercise!option and continue lease for an additional five years was submitted° Ierms of ~he lease were briefed by Mr~ Davis and Mr. Geisler. It was no~ed that the option was not exercised within the time limit established u~,, der the terms of the lease° DiscussiOn was held concerning writing the lease for a lesser period than five y~a'rs~ with provision for renewal from time to time, as long as the proper~y was not needed for City use. At the conclusion of the discussion, it was determined that further contact should be made with Mro Nesbitt regarding writing the lease for a lesser perio~,i with latitude in the event of City need° CORRESPONDENCE:~ Summary of Apportionments of Moto~ Vehicle License Fees for the period June 1, 1965 tO May 31~ 1966~ was ordered received and filed~ on motion by Councilman Dutton, seconded by Councilman Schutte. NDTION CARRIED. ORDINANCE NO. 2310: Councilman Dutton offered Ordinance NOG 2310 for adoption. Refer to Ordinance Book~ AN ORDINANCE OF THE CITY OF ANAHEIM A~ENDING IITLE 3, CHAPTER 3.04, SECTION 3o04.050 AND TITLE 4, CHAPTER 4°52, SECIION 4.52.070 OF THE ANAHEIM MUNICI- PAL CODE. (Exemption ~ full time students nineteen year old or under) Roll call vote: AYES: NOES: ABSENT: COUNCILMEN~ Dutton~ Schutte~ Chandler and Krein COUNCILMEN: None COUNCILMEN: Pebley Mayor Krein declared Ordinance NOG 2310 duly passed and adopted. ORDINANCE NO. 2311:' Councilman Schutte offered Ordinance No. 2311 for adoption. Refer to Ordinance Book~ AN ORDINANCE OF THE CITY OF ANAHEIM A~ENDING TITLE 3~ CHAPTER 3.56; TITLE 6, CHAPTER 6°20, SECTION 6o20.010, AND TITLE 6~ CHAPTER 6.21~ SECTION 6.21.010 OF THE ANAHEIM MUNICIPAL CODE. (Business license - Construction and Building Debris Haulers; Definition ~ Waste Material) Roll call vote: AYES: NOES: ABSENT: COUNCILMEN:' Dutton, Schutte, Chandler and Krein COUNCILMEN:' None COUNCILMEN: Pebley Mayor Krein declared Ordinance NOG 2311 duly passed and adopted. ORDINANCE NO. 2312: Councilman Krein offered Ordinance NOG 2312 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF TH~ ANAHEIM ~UNICIPAL CODE RELATING TO ZONING~ (65-66-107; 65-66-10g; 65-66-110; 65-66-111; and 65-66-113 - C-l) ALCOHOLIC BEVERAC~E LICENSE APPLICATIONS: The following Alcoholic Beverage License applications were submitted for Council information, and no further action was taken: (a) 206 North Anaheim Boulevard ~ Original New On-Sale Beer; "Little A"~ C-3. (b) 405 South Brookhurst Street = On-Sale Beer~ Person to Person Transfer - Rocket Room, C-3 Zone° 9575 City Hall~ Anaheim, California - COUNCIL MINUTES = July 19, 19667 1:30 (c) 2660 West Lincoln Avenue - On-Sale Beer, Person to Person Transfer, "Humdinger" (formerly Meetin" Room), C-3 Zone. ALCOHOLIC BEVERAGE LICENSE APPLICAIION: Application filed by Leonard Bertch for an Original On-Sale Beer license, for an un-named business %o be established at 540 North Magnolia Avenue, was submitted. On motion by Councilman Chandler, seconded by Councilman Dutton, conditional protest was authorized on the basis of incorrect zoning. N~DTION CARRIED. SOLICIIAIION PERMIT: On motion by Councilman Chandler, seconded by Councilman Dutton, the La Habra Lions Club was granted Solicitation Permit in con- junction with their annual Corn Festival, on condition that no solicitation be made on the Anaheim Stadium site~ MOIION CARRIED. RESOLUTION NO. 66R-504: Councilman Dutton offered Resolution No. 66R-504 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM A~ENDING RESOLUTION NO. 66R-459 AND AMENDING THE RATE OF COMPENSATION FOR THE 30B CLASS OF STADIUM PAGE. Roll call vote: AYES: NOES: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Krein COUNCILMEN:~ None COUNCILMEN:' Pebley The Mayor declared Resolution No. 66R-504 duly passed and adopted. RESOLUIION OF CONDOLENCE - CHIEF WILLIAM H. PARKER: As result of the untimely death of Los Angeles Police Chief William H; Parker, Councilman Chandler offered Resolution of Condolence to the family of Chief Parker and the City of Los Angeles. Said Resolution was unanimously adopted. RECESS: Councilman Schutte moved to recess to 7:00 P.M. Councilman Dutton seconded the motion~ MOTION CARRIED. (5:10 P.M.) AFIER RECESS: Mayor Krein called the meeting to order. PRESENT: ABSENT: PRESENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein COUNCILMEN: None ASSISIANI CITY MANAGER: Robert Davis CITY ATTORNEY: 3oseph Geisler CITY CLERK: Dene M~ Williams ASSISTANT CITY ENGINEER: Ralph Pease ASSI$IANT DEVELOPMENT SERVICES DIRECTOR: Robert Mickelson ZONING SUPERVISOR:' Ronald Thompson INVOCATION: Reverend David Shigekawa, of the Japanese Free Methodist Church~ gave the Invocation. FLAG SALUTE: Councilman Schu%te led the assembly in the Pledge of Alleg- iance to the Flag. CONTINUED PUBLIC HEARING - RECLASSIFICAIION NO. 65-66-65: Initiated by the City Planning Commission to consider change of zone from R-1 to C-l; Portion 1 of the La Palma-Rio Vista Annexation, briefly described as located at the southeast corner of La Palma Avenue and Sunkist Street.' Public hearin9 was continued from the meetings of February 23 and May 24, 1966, to allow for the filing of a new application for a specific use.''(Reclassification No. 65-66-121) 9576 City Hall; Anaheim~ California - COUNCIL MINUTES - July 19~ 1966~ 1:30 The City Planning Commission pursuant to Resolution Noo 1910, Series 1965-66, recommended said reclassification be approved, subject to the following conditions: 7o That the owner of subject property shall deed to the City of Anaheim a strip of land 57 feet in width~ from the center line of the street, along Sunkist Street, for street widening purposes, including a 25 foot radius corner return~ That the owner of subject property shall deed to the City of Anaheim a strip of land 53 feet in width~ from the center line of the street, along La Palma Avenue, for street widening purposes° Ihat street improvement plans shall be prepared and all engineering requirements of the City of Anaheim along Sunkist Street and La Palma Avenue~ such as curbs and gutters, sidewalks~ street grading and paving, drainage facilities, or other appurtenant work shall be completed as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of said engineering requirements~ That the owner of subject property shall pay to the City of Anaheim the sum of $2°00 per front foot along Sunkist Street and La Palma Avenue, for street lighting purposes~ That the owner of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Sunkist Street and La Palma Avenue, for tree planting purposeso That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works, prior to final building inspection. That the owner of subject property shall place of record City of Anaheim Deed Restrictions, approved by the City Attorney, which restrictions shall limit the hours of operation for any commercial uses between the hours of'8:00 AoM. and 9:00 PoM.; and further shall limit the uses to the following: 1. Retail bakery shops Barber shops 3. Beauty shops Drug stores 5o Grocery stores Hardware stores 7. Pick-up agencies for laundry, shoe repair~ and dry cleaning 8. Self service laundromats 9~ Meat markets 10. Variety stores 11. Automobile service stations 8~ That any air conditioning facilities proposed shall be properly shielded from view from abutting streets~ 9. /hat Condition Nos~ 1, 2, 3, 4, 5 and 7, above mentioned, shall be com- plied with within a period of 180 days from the date hereof, or such further time as the City Council may grant° RECLASSIFICATION NO. 65-66-121: Submitted by Union Oil Company and Henry Steinbrink, Owners; Leonard Smith, Authorized Agent, requesting a change of zone from R-A to C-l, to permit the establishment of a service station and a small shopping center; property described in Reclassification No. 65-66-65. City Planning Commission pursuant to Resolution Noo 2086~ Series 1965-66, recommended said reclassification, subject to the following condi- tions: /hat the owners of subject property shall deed to the City of Anaheim a strip of land 57 feet in width, from the center line of the street, along Sunkist Street, including a 25-foot radius corner return, for s~ee~ widening purposes. That the owners of subject property shall deed to the City of Anaheim a strip of land 53 feet in width, from the center line of the street, along La Palma Avenue~ for street widening purposes. /hat street improvement plans shall be prepared and all engineering requirements of the City of Anaheim~ along La Palma Avenue and Sunkist Street, such as curbs and gutters, sidewalks~ street grading and paving, drainage facilities, or other appurtenant work shall be completed as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; and that a bond in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the installation of said engineering require- ments. 9577 City Hall; Anaheim~ California - COUNCIL MINUTES - July 19~ 1966~ 1:30 4. That the owners of subject property shall pay to the City of Anaheim the sum of $2~00 per front foot along La Palma Avenue and Sunkist Street, for street lighting purposes° 5. That the owners of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along La Palma Avenue and Sunkist Street, for tree planting purposes~ 6o That the owners of subject property shall place of record City of Anaheim Deed Restrictions, approved by the City Attorney, which restric- tions shall limit the hours of operation to between the hours of 7:00 A,M, and'9:00 7o That the owners of subject property shall place of record City of Anaheim Deed Restrictions approved by the City Attorney, which restrictions shall limit the uses proposed for subject property (1) Retail baker shops (7) Pickup agencies for laundry, shoe (2) Barber shops (3) Beauty shops (4) Drug stores (5) Grocery stores (6) Hardware stores repair and dry cleaning (8) Self-service laundromats (9) Meat markets (10) Variety stores (11) Automobile service stations 8. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works, prior to final building inspection° 9~- That Condition Nos. 1~ 2, 3, 4, 5, 6 and 7, above mentioned, shall be complied with within a period of 180 days from the date hereof, or such further time as the City Council may grant. 10o That any air conditioning facilities proposed shall be properly shielded from view from abutting street. 11o That subject property be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2~ 3 and 40 · Mr~ Ronald Thompson noted the location of the property and briefly reviewed previous hearings on this matter. He advised that the development plans submitted under Reclassification Nco 65-66-121 indicated development of a suburban type Union Oil Station and a Spanish type convenience shopping center. Mr; Thompson called attention to Conditions Nos. 6 and 7 of the City Planning Commission recommendations for said reclassification, which by deed restrictions would limit the hours of operation and limit the uses per- mitted. The Mayor asked if the applicant wished to address the Council. Mr, Leonard Smith, Agent for the applicant, 125 South Clau~ina Street, reported that the only changes that have developed since the plans of development were prepared are that the store unit at the east end would be reduced from approximately 7,000 square feet to 4,000 square feet, and would probably eliminate the front extension of the building, thereby enlarg- ing the parking area in front. Plans were reviewed by the City Council. Mr~ Smith further advised, regarding Condition Nco 7, that the remaining items that are permitted in the C~l Zone, such as an appliance store, bank~ book store, etco, are uses considered light and not objection- able in a neighborhood~ and in his opinion, there was no reason to restrict the use to eleven items. Regarding Condition No. 6, Mr. Smith advised that most convenience centers have a small neighborhood grocery store that operates from 7:00 A.M. to 11:00 PiM., and under deed restr~ction~ to him, this would create quite an enforcement problem° In his opinion, the neighborhood will limit the hours of operation. Mr. Smith thereupon requested approval, with the elimination of Conditions Nos. 6 and 7o 9578 City Hall~ Anaheim~ California - COUNCIL MINUTES ~ July 19~ 1966~ 1:30 In answer to Councilman Chandler~s question; Mr. Smith reported that subject property was zoned Neighborhood Commercial while in County territory, and upon annexation to the City of Anaheim, it became R-A Zoning. Development was delayed while in County territory~ due to the construction of the overpass over the Freeway to the North~ Reference was made to the fact that La Palma Avenue will be a 106 foot main arterial heavily traveled thoroughfare. tion. The Mayor asked if anyone wished to address the Council in opposi- Mr. Roland Holm, 2515 East La Palma Avenue, representing a number of residents in the area, expressed concern relative to the development in their residential community. He noted the schools in the area, and also expressed concern relative to the type of activities that can go into the area. Mr. Holm thereupon requested the conditions recommended by the City Planning Commission be sustained, further explaining his reasons there- for, and the fact that they would like to maintain the residential type community. As to the plans, Mr. Holm reported that they were of the opinion that the type of plan would fit into the residential type community. Councilman Chandler referred to the City policy, wherein upon annexation of territory to the City, zoning as near as possible to that of the County is considered, so that a right of a property owner would not be taken away. Mr. Holm advised that none of the residents were aware of the pending County zoning, as no notices were received; however after County zoning, the Orange County Planning Commission imposed the restrictions, such as the type of businesses and the hours of operation, and the only concern is the type of business, such as a liquor store, beer parlor, and possible very early or very late hours of operation~ creating noise and other disturbances. Councilman Chandler advised that the C-1 Zone was recently modi- fied to extremely light uses, so that the development can be accomplished without deed restrictions~ Mrs. Raymond Brown~ 2429 East La Palma Avenue~ explained the circumstances under which the County limited commercial zoning was granted, advising that at this time, the City Planning Commission recommended the area remain residential° Further, according to her investiga%ion~ the Union Oil Company never obtained a permit while unde~ County zoning. Mrs. Brown was of the opinion that the granting of the reclassi- fication would establish a precedent of spot zoning. Mayor Krein asked if the applicant wished a few minutes of rebuttal. Mro Leonard Smith, in an effort to alleviate the fears of the neighborhood as to the possibility of undesirable types of business, advised that the normal business that would be conducive to late hours would be that of a b~r Darlor and activi~i~ o~ a gimiliar nature, which would no{ Be permitted adjacent to the school~ ~r. Smith again explained the proposed development with reference to lights, walls, trash areas, etc~, and the steps taken for a high quality development° Mro Smith reported that the oil company was issued an Orange County Building Permit October 15, 1965, and advised that in his opinion, there was no type of business permitted in a C-1 Zone that would create extra hour operation, or be objectionable to a residential neighborhood~ and thereupon requested that the reclassification be approved~ eliminating recommended Condition Nos. 6 and 7~ 9579 City Hall~ Anaheim~ California.- COUNCIL MINUTES - July 19~ 1966, 1:30 P.M. The Mayor thereupon declared the hearing closed° Discussion was held by the City Council and Councilman Chandler questioned the enforcement of the hours of operation restricted by deed restrictions. Plans were again reviewed by the City Council° RESOLUTION NO. 66R=505: Councilman Chandler offered Resolution No. 66R-505. for adoption, terminating Reclassification Noo 65-66-65. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH RECLASSIFICATION NOo 65-66-65o (C-l) Roll call vote: AYES: NOES: ABSENT: COUNCILMEN,' Dutton, Pebley, Schutte, Chandler and Krein COUNCILMEN: None COUNCILMEN: None The Mayor declared Resolution No. 66R-505 duly passed and adopted. RESOLUTION NO. 66R-506: Councilman Chandler offered Resolution No. 66R-506 for adoption, authorizing preparation of necessary ordinance changing the zone as recon~aended under Reclassification No. 65-66-121~ subject to the recommendations of the City Planning Commission, deleting therefrom Condi- tion Nos. 6 and 7. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED; (65-66-121 - C-l) Roll call vote: AYES: NOES: ABSENT: COUNCILMEN:' Dutton, Pebley, Schutte, Chandler and Krein COUNCILMEN: None COUNCILMEN: None The Mayor declared Resolution No. 66R-506 duly passed and adopted. CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NOo 826: Submitted by Chiell L. Pharris, requesting permission to excavate and remove sand and gravel to a depth of 75 feet; R=A zoned property located at 6722 Miller Street. Public hearing was continued from the meeting of 3uly 59 19669 at the request of the applicant° Ihe City Planning Conmmission~ pursuant to Resolution NOo 2056~ Series 1965-66~ granted Conditional Use Permit Noo 826 in par%, subject to the following conditions: 1o That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2°00 per front foot along Miller Street~ for the northerly 965 feet only~ for street lighting purposes~ and shall be complied 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 further time as the Con~nission or City Council may grant° 2o That Reclassification No° 61-62-69~ now pending on subject property~ shall be completed within a period of 180 days from date hereof~ or such further time as the Planning Commission or City Council may grant° 3, That the existing excavatioa shall be filled to the 175 foot datum (53 feet) with clean sand, the quality of which shall be approved by the City of Anaheim~ 958O City Hall; Anaheim~ California - COUNCIL MINUTES - July 199 1966~ 1:30 Mr~ Ronald Thompson noted the location of subject property, covering approximately 23 acres in area~ advising of the zoning (61-62-69 pending M-l) and existing uses in the immediate vicinity° In summarizing the hearing before the City Planning Commission, Mro Ihompson called attention to the findings set forth in Resolution Noo 2056~ Series 1965-66, and further advised that in view of the report sub- mitted this afternoon in conjunction with the Orange County proposed Warner spreading facilities, the City Planning Commission recommends that adequate screening be provided to minimize the harmful effects that are inherent in such sand pit operations, and also recommended that Conditional Use Permit now pending~ and those in the future permitting such operation~ be required to provide planting and screening as indicated on Exhibit No. 1~ and that the City Council adopt a policy requiring a similar landscaped berm treatment for all pit operations in this City, and maintenance therefor be provided through agreement with the property owner~ authorizing the City to maintain such landscaping at the expense of the property owner~ or in the event of failure by the property owner9 to maintain the landscaping in a manner satisfactory to the Parkway Maintenance Division of the Public Works Department and the Public Services Department° Mro Thompson further noted that the slides reviewed this after- noon were indicative of the way landscaped berms had been accomplished when required by other communities adjacent to sand pit operations° Mr. Ihompson thereupon briefly explained the proposed berm and landscaping requirement~ as depicted on exhibit posted on the east wall of the Council Chamber° In conclusion~ Mr~ Thompson reported that the northerly portion of the pit of approximately 14 acres is operated under a County permit to a depth of 40 feet~ and that the balance of the area was subsequently granted a City permit~ also to a depth of 40 feeto Mr~ Samuel Hurwitz~ Attorney representing the applicant, briefly related the history of the Pharris Sand Pit operation in the general area, and advised that for the past four or five years~ he has sought other loca- tions where he could continue his business~ which efforts have been unsuccessful° For this reason~ he is requesting permission to continue using subject property to the fullest possible extent, and to excavate to 75 feet, since he has no other location to continue his business~ Mro Hurwitz further advised that according to their engineering advice~ there is approximately 621,400 feet of sand below the 40 foot level to the 75 foot level° He failed to see how the area could be adversely affected, if the pit was below 40 feet. Mr. Hurwitz stated that the only objectors were the Orange County Water District who were of the opinion that a pit lower than the Crill Pit (50 feet) would interfere with the percolation of waters, and might create a pollution problem° Reference was made to the Blakely report relative to subject request,~ Regarding beautification; Mro Hurwitz was of the opinion that the Pharris Pit was far superior to that o{ the Crill Pit, and an extra financial hardship would be created by requiring a berm° In answer to Councilman Pebley°s question~ Mro Hurwitz advised that they would have no objection to the Crill Pit being excavated to a depth of 75 feet. In answer to Councilman Dutton's question~ Mr, Hurwitz advised that if permitted to excavate to 75 feet, there would be approxi- mately 200 feet of sand remaining below~ Coun¢ilo Mayor Krein asked if anyone in opposition wished to address the 9581 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 19; 1966; 1:30 P.M. Mro Langdon Owen, Assistant Manager and District Engineer of the Orange County Water District~ in recapping the points brought before the City Planning Co~mmission~ ad¥ised that first~ their concern was what would happen to the Pharris Pit with the passage of time without maintenances that the real problem is continued maintenance, and the possibility that it may be used for a dump site~ that could degrade water quality. In answer to the three questions answered in the Blakely report, Mro Owen replied, first, regarding interference with water escaping out of the trill basin~ that after the passage of time, and the filling up of silt, there would be created an essential block which can stop percolation. In answer to the question regarding water quality, Mr. Owen advised that it was not the continued use, but the possible use of this site as a dump site° Mro Owen further advised that the valuation of subject property was on the evaluation of a dump site. Regarding the question whether it would be reasonable to anticipate the Pharris Pit being incorporated into the Crill basin, Mr. Owen referred to a chart of a water record of Well No~ 27, in the immediate vicinity of subject property, noting that the ground level of water frequently was higher than 75 feet. He advised that this indicates that there would be extended periods of time when there would be water in the bottom of the pit, and they would not be able to remove the silt. Mr. Owen further reported that there were several other reasons why the Pharris Pit could not be incorporated into the Crill basin; one being the extremely steep side slopes~ which would have to be completely reconstituted, however if excavation did not exceed that of the Crill Pit, there could be a potential incorporation at a later dateo In conclusion Mr0 Owen advised of the responsibility of the Water District and their one goal to most economically supply water for the people of the District° In answer to question of City Attorney 3oseph Geisler, it was reported that Anaheim Well Nco 27 was approximately 1~000 to 2,000 feet from the subject property~ and to avoid contamination~ according to a report of Dick Bueermann of the State WaterPol~tion Control Board, this type of activity should be kept 10 feet above the highest ground water. Mr~ Loren Blakely, 125 South Claudina Street, advised that if water in the Pharris Pit raised above the proposed excavation, creating a layer of silt~ there would be no hazard that he could envision°' He thereupon further explained reasons for taking this position° Mr. Blakely noted that the issue before the City Council was that of land use, and not that of a potential dump site. Explanation was again given regarding the water status and spread- ing ability in the general area, and how this could be accomplished. Mr. Blakely stated that he could see no serious problems in having a deeper pit in this location° In answer to Councilman Chandler~s question, Mro Blakely noted that the sand pits in the general area were excavated at a greater depth than that of subject property~ or subject request. Regarding the question raised by Councilman Chandler regarding the effect~ should the Pharris Pit be a greater distance from the Crill Piti Mr. Owen advised that if the pit was one mile removed, there would be no objec- tion as long as it didn"t offer the threat of possible pollution° Discussion was held relative to the various possibilities regard- ing poHution or contamination, in the event the Pharris Pit became a dump site~ or abandoned. 9582 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 19~ 1966~ 1:30 Mr. Hurwitz advised that they never contemplated using the property as a dump site, and that this was not their request. His state- ment was verified by Mrs. Pharris~ Reference was made to other existing pits excavated at a lower depth than nearby water settling basins, and the fact that other permits have been granted without limitation on depth° Lengthy discussion was held on the problem of contamination, liability and control thereof, in light of the close proximity of the City wells. Mr. Elford Wo Dahl, Attorney for the Orange County Water Dis- trict, referred to the original granting of the permits for the Pharris operation, wherein in both cases, the Orange County Water District pro- tested, which protests were withdrawn on the basis that the excavation was to be no greater than 40 feet, and the parties execute a waiver and release of liability to the District for the water which may flow into the excava- tiono Mr. Dahl thereupon read a portion of the agreement signed by Mr~ and Mrs~ Pharris agreeing not to excavate to a depth greater than 40 feet° In conclusion, Mro Dahl requested, should the permit be granted, that the applicants be required to execute a similar release for any liability for water that may go into the pit from the spreading operation of the Orange County Water District° Mayor Krein determined that any further information should be submitted to the City Council in writing, and thereupon declared the hearing closedo On motion by Councilman Chandler, seconded by Councilman Dutton, decision of the City Council was continued to 3uly 26, 1966, 1:30 P.M. MOTION CARRIED. AD3OURNMENI: Councilman Chandler moved to adjourno Councilman Dutton seconded the motion° N~DIION CARRIED. AgOOURNED: 9:55 · - ~ City Clerk