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1962/07/315996 City HBll~ Anaheim, California - COUNCIL MINU/ES - July 31~ 1962~ 3:00 PoM. Ihe City Council of the City of Anaheim met in regular session° PRESENT~ ABSENT~ PRESENT: COUNCILMKN: Dutton, Chandler, Krein and Coons° COUNCILM~N: $chutteo CITY MANAGERI Keith Ac Murdocho ASSISTANT CITY ATTORNEYI John Dawson° CITY CLERKI Done Mo Williams° DIRECTOR OF PUBLIC WORKS~ Thornton Eo Piersallo CITY ENGINEER~ James Po Maddoxo PLANNING D!RECTOR~ Richard Ac Reeseo Mayor Coons called the meeting to ordero MINU/ES= Minutes of the regular City Council meeting held July 17, 1962 were approved, on motion by Councilman Krein~ seconded by Councilman Duttono MOTION CARRi£Do Approval of the Minutes of the regular City Council meeting held July 24~ 1962 was deferred to the next meeting, August 7, 1962o INTERIM BUSINESS LICENSE - 1520 WEST LINCOLN AVENUE: Request submitted by Mro 30 Wu Crough for interim business license to allow the sales and service of motor scooters~ motorcycles and lawn mowers at 1520 West Lincoln Avenue (M-1 zoned property), and advising that Conditional Use Permit application, requesting said use, has been filed, was submitted and copies furnished each Councilman° Discussion was held by the City Council and at the conclusion thereof, it was moved by Councilman Chandler, seconded by Councilman Krein, that Mr° Crough~s request for interim business license be granted for the period of 60 days from this date, it being understood that this action does not predetermine action by the City Planning Commission or City Council on said Conditional Use Permit, and in the event said Conditional Use Permit ia denied~ the Applicant has no recourse to the City Council on the basis of hardship° MOTION CARRIED. iNTERIM BUSINESS LICENSE - 1731 SOUIH MANCH~SIER AVENUE: Request submitted by Mro Ralph Learn, Secretary, Anaheim Lodge Nco 1853~ Loyal Order of Moose~ Anaheim~ for interim business license to allow the premises located at 1731 South Manchester Avenue (Big Dude building) to be used as a fraternal lodge and to sell alcoholic beverages under a club license to members and their guests only, a!~d advising that Conditional Use Permit application, requesting said use? has been filed, was submitted and copies furnished each Councilman° Discussion was held by the City Council and at the conclusion thereof~ it was moved by Councilman Dutton, seconded by Councilman Krein, that said request submitted by the Loyal Order of Moose, Anaheim Lodge Nco 1853~ for interim business license at 1731 South Manchester Avenue~ be granted for the period of 60 days from this date~ it being understood that this action does not predetermine action by the City Planning Com- mission or City Council on said Conditional Use Permit, and in the event said Conditional Use Permit is denied~ the Applicant has no recourse to the City Council on the basis of hardship° MOTION CARRIED° RKQUKST TO SOLICIT: Request of S~: Jude Hospital Employees Council, Mr~ Ro Jo McGuinness~ Council Chaxrman, for permission to sell tickets within the City of Anaheim for their fourth annual Rudy Brothers Circus to be held October 21, 1962~ was submitted° Councilman Dutton moved said request to solicit be granted as submitted° Councilman Krein seconded the motion° MOTION CARRI£Do REQUEST - WAIVER OF CERTAIN RE~UIREMENTS~ PLAN 1000: - AMERICAN OIL COMPANY: Request of American Oil Company~ dated July 11, 1962, for permission to construct curb return with radius of 25 feet in lieu of standard 35 feet radius at the site of their proposed service station, southeast corner of Bali Road and Western Avenue, was submitted° 5997 City Hall~ Anaheim~ California - COUNCIL MINIJTES - July 31~ 1962~ 3:00 On the recommendations of the City Engineer, Councilman Chandler moved that request of American Oil Company for permission to construct curb return with radius of 25 feet in lieu of standard 35 feet radius, and property line radius of 15 feet in lieu of required 25 feet radius as indicated on City of Anaheim Plan Nco 1000~ be granted (service station site~ southeast corner, Ball Road and Western Avenue)° Councilman Dutton seconded the motiono MO/ION CARRIED. SIDEWALK WAIVER - 1211 NORTH OLIVE STREET~ Request of California Chemical Company for waiver of the requirement for installation of sidewalks fronting proposed sales office and laboratory building at the California Chemical Company's Resin Plant located on the west side of Olive Street, between Cor~mercial and 3uliana Streets~ was submittedo Mr° James Maddox, City En§ineer~ recommended said request be denied, inasmuch as there are existing sidewalks adjacent to this proposed sidewalk, and all areas have sidewalks with the exception of two° Plan submitted by the Applicant was reviewed at the Council table by the City Council and ~iro Maddox, and discussion was held regarding the possible use of the 1911 Act in the event said waiver was granted° At the conclusion of the discussion~ Councilman Krein moved that temporary waiver of sidewalk be granted~ on the basis that there appears to be no present use for the walk~ and if~ at a later date, there is a need for a sidewalk~ construction could proceed under the 1911 Act° Councilman Chandler seconded the motion° MOTION CARRIED° SIDEWALK WAIVER .- 1490 SO. LOS ANGEL~S $TREETt Request of Le Cai, Inco~ for waiver of installation of sidewalks at their restaurant site at the northeast corner of Los Angeles Street and Cerritos Avenue~ was submitted° On the recommendations of the City Engineer, Councilman Chandler moved that temporary waiver of sidewalks be approved, as requested, subject to the provision that no permanent planting be allowed in the area reserved for sidewalks° Councilman Krein seconded the motion° MOTION CARRIED° SPECIAL USE PERMIT NOo 48 - SIDEWALK WAIVER~ Request of West Anaheim Church of Christy Bill Fling, .Evangelist~ that previous Council action waiving sidewalks at 3332 West Orange Avenue be made a matter of record, was submitted° The City Clerk reported that in checking the file on Special Use Permit Nco 48 it was noted that on November 17~ 1959~ page 3749 of the City Council Minutes, the City Council granted temporary waiver of sidewalk requirements at 7222 Orange Avenue until such time as sidewalks are required by the City Engineer° That said request was placed on the Council Agenda due to the difference in street addresses° No further action was taken by the City Council° TENTATIVE BAP - TRACT NO° 44765 Submitted to the City Council was excerpt from the City Planning Cormmission meeting held July 9~ 1962~ recommending to the City Council that tentative map~ Tract No° 4476 be withdrawn (as requested by the Applicant) but that the filing fee not be waived upon submission of said tract° Mr° Marvin Krieger~ Assistant Planner~ reported that the Subdivider has withdrawn said tentative tract and will pay the additional filing fee upon resubmission of a revised tentative map, pending an agreement with the State regarding the location of certain streets adjacent to the tract° No action was taken by the City Council° REQUB~T TO USE CITY FACILITIES - POP WARNER FOOIBALL ASSOCIATION~ The matter of fees to be charged the Pop Warner Football Association for use of certain park and recreation facilities was continued from the meeting of July 24, 1962 to allow further study and report regarding the establish- ment of a policy relative to fees and charges for use of city facilities by 5998 City Hall~ Anaheim, California - COUNCIL MINUTES - July 31~ 1962~ 3:00 Youth Groupso The City Manager advised that the report has been received from the Park and Recreation Department, however, he was not prepared at this time to make definite recommendations, and requested that said matter be continued for one week, and thereupon, the City Clerk was requested by the Council to place this item on the August 7, 1962 Agenda° CLAIM AGAINST THE CITY~ Claim filed by Mrs° Co Wo Elledge for damages received resulting from traffic accident on or about 3uly 11, 1962, was submitted, and referred to the City Attorney for appropriate action, on motion by Councilman Chandler, seconded by Councilman Duttono MOTION CARRI£Do POLICY OF THE COUNCIL - CLAIMS AGAINST THE CITY: Councilman Krein moved that it be the policy of the City Council that any and all claims against the City shall, immediately upon receipt thereof by the City Clerk, be forwarded to the office of the City Attorney for his opinion as to whether or not the claim meets the Government Code Requirement of a proper'claim against the City° The City Attorney will advise the claimant directly in the event the claim is defective and insufficient; otherwise the claim, or any later amendment thereto~will be brought before the Council for its appropriate action° Councilman Chandler seconded the motion° MOTION CARRIED° CANCELLATION OF COUNTY 'rAXES~ On motion by Councilman Chandler, seconded by Councilman Dution~ the Orange County Board of Supervisors were requested zo cancel County taxes on the following property acquired by the City of Anaheim for municipal purpo~es~ Pursuant to Re~olution Nco 62R~576, property acquired from Manueia Bo Correa and Dolores Bo Correa~ as recorded July 3, 1962 as Document Nco 1458 in Book. 6}.65 at Page 924; Pursuant to Re:solution Nco 62R-57V, property acquired from Thomas and Esper~nza Ac Torres~ as recorded July 9, 1962 as Document Nco 4757 in Book 6170 at Page !97~ Official Records of Orange County° MOTION CARRZEDo REQUEST TO SOLiCiT =, WESTERN MISSIONARY ARMY~ Permission to address the Council regarding resubmission of application to solicit funds within the City of Anaheim by' Western Missionary Army~ was requested by Mro Erwin Morse° /he Mayor asked if Mro Morse wished to speak° Mro Jerry Walters, 849 South Gramercy Drive, Los Angeles 5, California, representin9 Western Missionary Army, advised that ~Aro Morse was unable to be present, and requested reconsideration by the City Council of their action on April 247 1962, denying the request of Western Missionary Army for permission to solicit within the City of Anaheim° Mayor Coons recalled 'that upon receipt of the original request, the Council referred the matter to Assistant City Attorney Joseph Geisler for investigation and report as to the status of the Applicant, and based upon said report, 'the application was denied because of non-conformance with 'the provisions of the Anaheim Municipal Code relative to the disposition of funds° Mro Walters was of the opinion that their organization was bein9 considered under the "charity ordinance" of the Anaheim Municipal Code~ that they are a religious organization, and therefore, said ordinance would not apply to the Western Misszonary Army because they supply the spiritual needs of 'the people; that they are chartered to do charitable work, but do not supply any food, clothing or shelter; that their only educational work is to their own people° Mro Walters fully explained the purpose of their organization and their method of solicitation and advised that 87°35% of the funds collected go back into the City where they are ministering, and submitted Exhibits A through Gl, inclusive~ as further evidence° Also submitted were Exhibits 5999 C%.ty Hall~ Anaheim~ California - COUNCIL MINUTES ~. July 31~ 1962~ 3:00 POMo 1 through 4, inclusive, pertaining to Court Cases findinq that permits and licenses required by certain cities to allow solicitation by religious organizations~ were invalid and against the constitutional rights° Mro John Dawson, Assistant City Attorney, advised that Mr. Geisler, who has investigated this request, is out of town at this time, and recom- mended that any further action by the City Council on said matter be with- held, pending review of the additional evidence° Mro Edo Harris, 7371 Fountain Avenue, Los Angeles, also addressed the Council, further explaining the activities of Western Missionary Army° Councilman Chandler moved that this matter be continued to August 7~ 1962, 3~00 P.Mo, and that the City Attorney's Office consider the additional evidence presented by Mro Walters and Mro Harris~ and submit to the Council a further comprehensive report on %he status of this situation° Councilman Dutton seconded the motion° MOTION CARRIED. REPORT - WIDENING OF SUNKIST STREET: Mro Ihornton Piersall, Director of Public Works~ placed map of the 3chh Cyprien property on the east wall of the Counczl Chambers~ and noted the improvements thereon which must be re- located, as suggested on an over-lay map, if 'the street widening program on Sunkist Street is to continue, and recommended the consummation of an agreement on the terms and conditions as set forth in memorandum report dated March 21, 1962 from the City Engineer, cost to the City of Anaheim~ $13,350, and cost to Mro Cyprien~ $8850000 ~ Mro and Mrs° John Cyprien addressed the Council, explaining in detail the location and type of existing improvements on their property, and the problems involved by the suggested relocazlonso Discussion was held by the City Coun¢i} and at the conclusion there, it wa:~ determined that a further inspection of the property by the City Councdl was necessary~ and at the invitation of Mr° Cyprien, a meeting was scheduled at 9~00 AoMo, Tuesday~ August 7~ 19620 The Council requested said matter be rescheduled on the August 7, 1962 Agenda° RECLASSIFICATION NOo F~60,~61~22 ~ STOP ORDER~ (Applicants Earl Ac Dunn and Bo Neal Beaver° Property located at the northeast corner of Katella and Euclid Avenues° C=2 zoning pursuant to Ordinance Nco 1535o) Councilman Chandler reported 'that he has reviewed File Nco F-60-61-22 and noted that Ordinance Nco 1535 provides for buildings to be constructed substantially in accordance with plans on file, and that Resolution NCo 6374 and C~2 recorded Deed Restrictions contain the provision that the building is to be located 45 feet from the west property line and 5 feet from the north property lineo That in viewing the deveJ~opment site~ it was found that the building permit has been issued for construction within said setback area° Mro Earl Dunn was present and came forward and discussion was held by the City Council and Mr° Dunn regarding parking requirements° Councilman Chandler moved 'that the Stop Order remain on the construction project~ and that the property owner be advised that development must be under the provisions of Resolution NCo 6374~ Ordinance NCo 15~5, and the original plans on fileo Councilman Dutton seconded the motion° MOTION CARRI£Do RESOLUTION NO. 62R-696~ On report and recommendations of the City Engineer, Councilman Krein offered Resolution No° 62R-696 for passage and adoption, awarding contract for the Rio Vista~ South~ Sunkist and Wagner street improvement to the low bidder~ Sully Miller Contracting Company, in the amount of $127,850o35o Refer to Resolution Book° 6000 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 31~ 1962~ 3500 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 EQUIP- MENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE RIO VISTA, SOUTH, SUNKIST AND WAGNER STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, JOB NO~ 6580 (Sully Miller Contracting Company) On roll call the foregoing Resolution was duly passed and adopted by the followin9 vote~ AYES: COUNCIL.MENs NOES: COUNCILMEN~ ABSENT: COUNCILMEN~ Dutton, Chandler, Krein and Coonso Noneo Schutteo The Mayor declared Resolution Nco 62R-696 duly passed and adopted° RESOLUTION NCo 62R-697~ Councilman Dutton offered Resolution Nco 62R-697 for passage and adoption° Refer to Resolution Booko A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE TH5 CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT~ CONSTRUCTION OF A STORM DRAIN IN BALL ROAD~ FROM GILBERT STREET TO MAGNOLIA AVENUE, IN THE CITY OF ANAH[IM, JOB NOo '708; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR 'IH5 CONSIRUCT!ON THEREOF; AUTHORIZING THE CONSTRUCTION OF SAi[D 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 THEREOFo (Bids to be opened Auqust 23, 1962, 2~00 On roll call the foregoin9 R~olution was duly passed and adopted by the following vote: AYES: COUNCiLMEN~ NOESI COUNCIL~EN~ ABSENT: COUNCILaEN: Dutton~ Chandler, Krein and Coonso None° Schutteo The Mayor declared Resolution Nco 693t-697 duly passed and adopted° RESOLUTION NCo 62R~698~ Councilman Du'tton offered Resolution Nco 62R-698 for passage and adoption° Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCIION AND COMPLETION OF A PUBLIC iMPROVEMENT, TO ~IT~ CONSTRUCTION OF TWO UNDER- GROUND REINFORCED CONCRETE WATER VAULTS IN THE CITY OF ANAHEIM, AT THE LOCATIONS HEREINAFTER DESIGNATED, WORK ORDER NCo 4084; 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, ETCo; AND AUTHORIZING AND DIRECTING THE CiTY CLERK TO PUBLISH A NO~ICE INVITING SEALED PROPOSALS FOR TN~ CONSTRUCTION THEREOF° (Bids ~o be opened August 23, 1962, 2:00 PoMo) On roll call the fore9oin9 Resolution was duly passed and adopted by the following vote~ AYES: COUNCILMEN= NOES: COUNCILMEN: ABSENT: COUNCILMEN, Dut'ton, Chandler, Krein and Coons° None° Schutteo The Mayor declared Resolution Nco 62R-698 duly passed and adopted° 6001 Qity Hall~ Anaheim~ California - COUNCIL MINUTES - July 31~ 1962:3:00 RESOLUTION NO. 62R-699~.~ Councilman Dutton offered Resolution No° 62R-699 for passage and adoption° 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 CONSTRUCTION AND COMPLETION OF A PUBLIC IN[PROVEMENT, TO WIT: FURNISHING AND INSTALLING A WATER TRANSMISSION MAIN, UNIT NO. 5, IN RIO VISTA STREET, WAGNER AVENUE, AND SUNKIST STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 4092; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CON- STRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEN~ 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. (Bids to be opened August 23, 1962, 2:00 PoMo) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCIL~i~N: NOES: COUNCIL~N~ ABSENTI COUNCILN~N: Dutton, Chandler, Krein and Coons° None° Schutteo The Mayor declared Resolution Noo 62R-699 duly passed and adopted. RESOLUTION NO. 62R-700: Councilman Dutton offered Resolution Noo 62R-700 for passage and adoption° Refer to Resolution Book° A RE$OLIfflON OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: FURNISHING AND INSTALLING A WATER TRANSMISSION MAIN, UNIT NO. 2-B, IN LA PAL~A AVENUE, UNDERNEATH THE RIVERSIDE FREEWAY, IN THE CITY OF ANAHEIM, ~ORK ORDER NOo 4094~ APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVENtEN/ IN ACCORDANCE WITH SAID PLANS, $PECIFICAIIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF° (Bids to be opened August 23~ 1962, 2:00 PoMo) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILN~N: ABSENT: COUNCIIJ~EN: Dutton, Chandler, Krein and Coonso Noneo Schutteo The Mayor declared Resolution No° 62R-700 duly passed and adopted° RESOLUTION NO. 62R-701: Councilman Chandler offered Resolution Noo 62R-701 for passage and adoption. Refer to Resolution Book° A RESOLUTION OF THE CIIY COUNCIL OF IHE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR MUNICIPAL PURPOSES. (Estate of Eva Doyle) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILNtEN: ABSENT: COUNCILMEN: Dutton, Chandler, Krein and Coons° None° Schutteo The Mayor declared Resolution Noo 62R-701 duly passed and adopted. 6002 Ci.ty Hall~ Anaheim~ California - COUNCIL MINUTES - July 31~ 1962~ 3~00 RESOLIffION NO. 62R-702: Councilman Krein offered Resolution No. 62R-702 for passage and adoption. Refer to Resolution Book° A RESOLUIION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR EASEMENIS 'FOR THE CONSTRUCTION, INSTALLATION AND MAINTENANCE OF A WATER TRANSMISSION LINE. (Raymond Po and Geraldine Ho Dinkler) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILMKN: NOES~ COUNCILMEN~ ABSENT: COUNCILMBN~ Dutton, Chandler, Krein and Coons° Noneo Schutteo The Mayor declared Resolution Nco 62R-702 duly passed and adopted. RESOLUTION NO. 62R-703: Councilman Dutton offered Resolution Nco 62R-703 for passage and adoption. Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRAN/ DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR MUNICIPAL PURPOSES. (Edward So Estrada) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES~ COUNCILNEN: NOES: COUNCIIAtEN: ABSENT: COUNCIL~EN~ Dutton, Chandler, Krein and Coons. None° Schutte. /he Mayor declared Resolution No. 62R-703 duly passed and adopted° DEEDS OF EASEMENTS~ Councilman Krein offered Resolutions Nos. 6PlR-704 through 62R-709, both inclusive, for passage and adoption. Refer to Resolution Book° RESOLUTION NO. 62R-704~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEN~ENT FOR PUBLIC UTILITY PURPOSES. (Edward Do and Ellen Mo Anderson; Howard Do and Lois Mo Anderson) RESOLUTION NO. 62R-705: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Madrone Investment Company) RESOLUTION NO. 62R-706: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR PUBLIC UTILITY PURPOSES. (Ben J, and Mary Ac Hess) RESOLUTION NO. 62R-707: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (William Co Steffens) RESOLUTION NO. 62R-708~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Murlen Lo and Melinda Lo $te§ner) 6003 City Hall, Anaheim, California - COUNCIL MINUTES - July 31, 1962~ 3,00 P.M. RESOLIfrION NO. 62R-709~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR EASEN~NT$ FOR PUBLIC UTILITY AND ELECTRIC POWER LINE PURPOSES. (Madrone Investment Company) On roll call the foregoing Resolutions Nos° 62R-704 through 62}{-709, both inclusive, were duly passed and adopted by the following votes AYES~ COUNCIIJ~EN~ NOESs COUNCIL~EN~ ABSENT~ COUNCILI~Ns Dutton, Chandler,' Krein and Coons° None° Schutte. The Mayor declared Resolutions Nos° 62R-704 through 62R-709, both inclusive, duly passed and adopted. RESOLUTION NO. 62R-710~ On the recommendations of the City Manager, Councilman Dutton offered Resolution Nco 62R-710 for passage and adoption° Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE JOINT CO~UNITY RECREATION PROGRAM OF THE CITY OF ANAHEIM, THE ANAHEIM UNION HIGH SCHOOL DISTRICT, THE ANAHEIM CITY SCHOOL DISTRICT, AND THE MAGNOLIA ELEN~NTARY SCHOOL DISTRICT, AND AUTHORIZING THE NIAYOR AND CITY CLERK OF THE CITY OF ANAHEIM TO ENTER INTO AND EX~CUTE AN AGREE~NT FOR SUCH JOINT COI/~UNITY RECREATION PROGRAM. On roll call the foregoing Resolution was duly passed and adopted by the following vote, AYESs COUNCIIJ~EN: NOES: COUNCIL~N: ABSENT, COUNCIL~N, Dutton, Chandler, Krein and Coons. None, Schutte~ The Mayor declared Resolution Nco 62R-710 duly passed and adopted. RESOLUTION NO. 62R-711: On the recommendations of the City Manager, Councilman Dutton off, red Resolution Nco 62R-711 for passage and adoption° Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEN~NT TO BE MADE AND ENTERED INTO WITH THE ANAHEIM UNION HIGH SCHOOL DISTRICT TO 30INTLY ORGANIZE, PROMOTE AND CONDUCT A PROGRA~ OF CO'UNITY RECREATION. (Cypress Park District and Cypress Elementary School District) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILN~N~ NOES: COUNCILMEN~ ABSENT: COUNCILNtEN: Dutton, Chandler, Krein and Coons. None. Schutte. The Mayor declared Resolution Nco 62R-711 duly passed and adopted. RESOLUTION NO. 62}{-712: On the recommendations of the City Manager, Councilman Chandler offered Resolution NCo 62R-712 for passage and adoption° Refer to Resolution Book. A RESOLLrrION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM EMPLOYING ORCO MICROFILMING SERVICE, INC. TO MAKE A STUDY OF THE RECORDS OF THE CITY TO DETERMINE THE FEASIBILITY OF MICROFILMING SAID RECORDS. ($2,150.00) On roll call the foregoing Resolution was duly passed and adopted by the following vote: 6004 Qity Hall, Anaheim, California - COUNCIL MINI/rES - July 31~ 196~, 3:00 P.M. AYES: COUNCILMEN: NOES: COUNCIIN~N: ABSEN/: COUNCILMHN: Dutton, Chandler, Krein and Coons. None° $chutteo The Mayor declared Resolution Nco 62R-712 duly passed and adopted. ORDINANCE NO. 17425 Councilman Dutton offered Ordinance Nco 1742 for first reading° AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING IO ZONING. (61-62-71 - C-l) After hearing read in full the title of Ordinance Nco 1742 and having knowledge of the contents therein, Councilman Dutton moved the reading in full of said ordinance be waived° Councilman Chandler seconded the motion° MOTION UNANIMOUSLY CARRIED. CORRESPONDENCE~ The following correspondence was ordered received and filed on motion by Councilman Chandler, seconded by Councilman Krein! ac Minutes of the Orange County Mosquito Abatement District meeting of July 20, 1962o ho City of Santa Aha, Resolution Nco 62-136, requesting dissolution of Garden Grove Sanitation District° Co John Ac Murdy, Jro, dated July 20, 1962 - sample resolution regarding Proposition NCo 23o MOTION CARRIED. INTRODUCTIONs Mro Murdoch introduced Mro Paul Hayes, Civil Defense Coordinator for the City of Anaheim° RECESSI Councilman Chandler moved to recess to 7100 PoMo Councilman Krein seconded the motion° MOTION CARRIED° (5~00 PoM.) 6FT5B RHGRss~ Mayor Coons called the meeting to order, all members of the Council present, with the exception of Councilman Schutteo INVOCATION~ Reverend Apol, Anaheim Christian Reform Church, gave the Invocation° FLAG SALUIE~ Mayor Coons led the Assembly in the Pledge of Allegiance ~ the Flago CONDIIIONAL USE PERMIT NO. 2~5~ Submitted by Thomas Aw Beyrle, requesting permission to establish a restaurant, banquet and conference room and lO0-unit motel, on property located on the north side of Anaheim Road, approximately 480 feet west of Miller Street (3141 Anaheim Road)° Public hearing was held by the City Council July 24, 1962 at which time said hearing was closed and action deferred to this date to allow for further study° Mro Murdoch distributed a draft of a proposed ordinance, amending the ~-1 zone, which had been developed in work sessions and is tO be considered by the City Planning Commission August 6~ 19620 RESOLIfftON NO. 62R-713: Councilman Chandler referred to the proposed M-1 zoning in the entire northeast area with certain complimentary commercial uses permitted. He recalled that the policy of both the Planning Commission and the City Council was the divorcement of residential uses from the industrial area; further, if complimentary and supplementary commercial uses are permitted, they were to be scattered to serve the entire area, thereby keeping the encroachment of commercial uses in the industrial area to a minumum. Councilman Chandler offered Resolution Nco 62R-713 for passage and adoption, denyin9 Conditional Use Permit Nco 225° Refer to Resolution Book° 6005 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 31~ 19627 3:00 P.M. A RESOLIffION OF TH~ CITY COUNCIL OF TH~ CITY OF ANAHKIM DENYING CONDITIONAL USE PERMIT NO. 225° On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILJ~N: NOES~ COUNCIIJ~N~ ABSENT: COUNCIIJ~N~ Dutton, Chandler, Krein and Coons° None. Schutteo The Mayor declared Resolution Nco 62R-713 duly passed and adopted. CONTINUED PUBLIC H~ARING - CONDITIONAL USE PERMIT NO. 253~ Submitted by LeGrand D. Spencer, requesting permission to construct a walk-up Berger Chef on pro- perty located on the west side of South Los Angeles Street, approximately 40 feet north of Cerritos Avenue (1475 South Los Angeles Street). The City Planning Commission, pursuant to their Resolution No. 363, Series 1961-62, denied said Conditional Use Permit° Appeal from action taken.by the City Planning Commission was filed and public hearing scheduled July 24, 1962, and continued to this date at the request of the Applicant° Mr. Marvin Krieger, Assistant Planner, noted the location of the property and summarized the evidence and findings of the City Planning Commission. He called attention to Finding No. 4 of the City Planning Commission"s Resolution, and stated that consideration was given to the present trend of development the east side of Los Angeles Street, and the fact that the proposed development had less than one-half of the parking spaces required by Code° Mr. John Kent, Attorney appearing on behalf of the Applicant, advised that the Applicant was the owner of the property both on the north and south of subject property. That the Berger Chef organization has approximately 225 to 250 of these buildings, all built under a franchise plan throughout 22 or 24 states, and noted one located on Placentia Avenue near the East Anaheim Shopping Center, also one in ?uJ'.erton (Orangethorpe and Magnolia Avenues), and another in the Iustin area° He stated that the building itself is not unpresentable and reported on the type of operation, briefly, that there would be no music permitted in the building, and according to their policy, only male employees would be employed~ that the hours would be from 11:00 AcM. to t1:00 P.M. from Sunday through Thursday, and from 11:00 AoM~ %o 12:00 midnight, Friday and Saturday° He called attention to the discount house presently existing across the street, and advised that the idea of the Berger Chef was a volume business and designed for people who wanted a bargin in food. He further noted that this was a walk-up operation and not a drive-in. That approximately one-third of the customers make their purchase and leave immediately° Regarding code provisions pertaining to parking requirements, in Mr. Kent's opinion, the code contemplated a drive-in type operation, and that the requirements could be modified for this type of operation° He further reported, thatthere is a provision to the community parking lot to the north of subject property and that addi'tional area could be made available to the south of subject property, making parking provisions compatible with other recent ~ ~ s.m_lar requ~s±s granted° Discussion was held and consideration given to the possibility of placing the operation on the south portion of Dr. Spencer's property, and the probable number of cars using the facility daily° Plans of development were reviewed by the City Council. Mr° Kent further advised that plans for the southern portion of Dr. Spencer's property have not been developed, and i% is desired that sufficient property be reserved for a proper development° 6006 City Hall: Anaheim: California - COUNCIL MINIrfES - July 31; 1962:3:00 PoMo Mro Kent asked if the Council could approve the operation, subject to proper showing of 48 or 49 parking spaces° Mayor Coons doubted if the Council would give a tacit approval, however, felt a continuance would be approved to allow presentation of a revised plan that might more nearly conform to the requirements of the Code; perhaps a layout showing the liquor store and the number of parking spaces required, and also showing this development and the number of spaces of the liquor store property that could be used for this facility° Mro Kent stated that the suggestion was made with the thought in mind that if the requirements must meet the normal drive-in require- ments regulating parking, it would not be feasible to use that amount of land from the southerly portion of the property for additional parking° Mr° Reese, Planning Director, reported, regarding the Planning Commission"s findings relative to incompatibility, and stated it was the feeling of the Planning Commission that Los Angeles Street was one of the principal entrances to the City, and is presently developing as a very handsome entranceo That in considerinq the vacant property in the area, to establish something on subject property that might set a trend for less desirable development than already established on the east side of the street, would be an unwise decision° Mayor Coons asked if anyone else wished to address the Council. There was no responseo At the request of 'the Petitioner~ Councilman Chandler moved that public hearing be continued two weeks, August 14~ 1962, 7:00 PoMo Councilman Krein seconded the motiono MOTION CARRIED. PUBLIC HEARING - VARIANCE NOo 1494: Submitted by Arnold Investment Company, requesting permission to establish an on-sale beer in restaurant on property located on the west side of Brookhurst Street, between Colchester Drive and Ball Road (831 South Brookhurst Street)° The City Planning Commission, pursuant to their Resolution Nco 375, Series 1961-62, granted said variance~ subject to the following conditions: 1o Installation of a minimum six foot wide landscaping strip abutting the Brookhurst Street right-of-way line, plans for said landscaping to be submitted to and subject to the approval of Superintendent of Parkway Maintenance and said landscapin9 to be installed prior to final building inspection° 2o On-sale of beer to be permitted in connection with the pizza restaurant operation conducted by the present owner onlyo Review of action taken by the City Planning Commission was ordered by the City Council, because of the close proximity of the existing cocktail lounge (The Alibi) and to further consider condition Nco 20 Mro Marvin Krie§er noted the location of the property and briefly summarized the evidence presented to the City Planning Commission° Plans were reviewed by the City Councilo The Mayor asked if the Applicant was present and wished to address the Council° Mro Bob Co Cox, 1101 Devon Lane, Newport Beach, California, proposed operator of the pizza restaurant, explained their negotiations for the property; that they were acting in good faith and under the im- pression that the property was zoned C-2o Mr. David Johnson, 1803 Redwood Avenue, Anaheim, (owner of the Alibi Cocktail Lounge) asked that the type of operation be explain do Cox stated that this was a franchise operation and the 6007 City Hall~ Anaheim~ California - COUNCIL MINIffES - July 31~ 1962~ 3~00 parent company is located in Santa Clar~Californiao That the operation is primarily a restaurant directed to family trade and the sale of beer is incidental to the main operation° He further advised that there are two large dining areas and a service bar, however, no stools are provided for the service bar° Mro Johnson advised that he was not protesting the application, however, if it had been for a beer parlor, it was his opinion that there are sufficient beer establishments in the area° Mrs° Barbara Cox, 1101 Devon Lane, Newport Beach, California, advised that she maintained the books for their business, and that the bar does approximately 23°~ of the total business and approximately 50% of the 23% is sale of soft drinks° The Mayor asked if anyone else wished to address the Council, there being no response, declared the hearing closedo RESOLUTION NO. 62R-714: Councilman Dutton offered Resolution No. 62R-714 for passage and adoption, granting Variance Nee 1494, subject to the recommendations of the City Planning Commission, however, amending Condition No. 2 to read, "On sale of beer to be permitted in connection with the pizza restaurant operation"° Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NOo 1494o On roll call the foregoing Resolution was duly passed and adopted by the following votes AYES: COUNCILM~N: NOES: COUNCILN~N: ABSEbrr: COUNCILMHN~ Dutton, Chandler, Krein and Coons° None° Schutteo The Mayor declared Resolution No° 62R-714 duly passed and adopted. PUBLIC HEARING - AN~NDMENT TO TITLE 18 OF ANAHEIM MUNICIPAL CODE - M-! ZONEs (Pursuant to City Planning Commission Resolution Nee 388, Series 1961-62)o Mro Murdoch called attention to the fact that only a portion of the action taken by the City Planning Commission, pursuant to Resolution Nee 388, Series 1961-62, had been advertised° Councilman Dutton moved that the public hearing be terminated because of the deficiency in the legal notice, and that said public hearing be readvertisedo Councilman Krein seconded the motion° MOTION CARRIED. LEGAL ADVERTISING - BID NO. 157~ Pursuant to action by the City Council on July 10, 1962 and Legal Notice duly published in the Anaheim Bulletin July 17 and 24, 1962, the following bids for city legal advertising were received and opened~ Anaheim Gazette 259 East Lincoln Avenue Anaheim~ California (no bid bond) Orange Daily News 44 Plaza Square Orange, California (no bid bond) Item Noo 1 (within City) $.85 per column inch for first insertion° $o80 per column inch for each insertion there- aftero Item No. 2 (outside City) $o85 per column inch for first insertion° $°80 per column inch for each insertion there- after° 6008 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 31~ 1962~ 3:00 Placentia Courier 132 Wu Santa Fe Placentia, California (accompanied by check Noo 2219 dated July 30, 1962 in the amount of $50°oo) Item Noo 1 (within City) Item Noo 2 (outside City) $1o00 per inch first insertion° $ °50 per inch subsequent insertion° The Bulletin 232 So. Lemon Street Anaheim~ California (accompanied by Cashiers Check No. 209-21300 in the amount of $500o) $1o25 per column inch for first insertion° $1o00 per column inch for each subsequent insertion° Bids were ordered referred to the City Attorney for tabulation and report at the next meeting (August 7, 1962, 3:00 PoMo)9 on motion by Councilman Dutton, seconded by Councilman Kreino NDTION CARRIED° RECLASSIFICATION NO. 61-62-120: Submitted by Jesse Eo and Callie Au Pruett, 311 South State College Boulevard, Anaheim, California, requesting change of zone from R-1 to C-i, property located on the west side of State College Boulevard, approximately 90 feet south of Broadway (311 $Oo State College Blvdo)o Excerpts of the City Planning Commission meeting held June 25, 1962, recommending that the Petitioner's request to withdraw said application, be approved, and initiating variance action on said request, was submitted. Councilman Chandler moved the recommendations of the City Planning Commission be denied, and the matter referred back for reprocessing as a reclassification or conditional use permit° Councilman K. rein seconded the motion° MOTION CARRIED° CLARIFICATION - RECLASSIFICATION NOo 61-62~.107 (Resolution Noo 62R-637) AND CONDITIONAL USE PERMIT NO. 243 (Resolution Noo 62R-638): It was moved by Councilman Chandler, seconded by Councilman Dutton, that the Council find it was the intention of the City Council that the wording concerning Condition Noo 13 of Resolution Noo 62R-637 should read: That buildings on the commercial protion of subject property~ Parcels 2 and 3, shall be limited to commercial purposes only~ and that buildings on Parcels 1 and 4 shall be limited to residential purposes only. That the existing structures on Parcels 1, 2~ 3 and 4 shall be removed prior to the reading of the ordinance reclassifying subject property° That Condition No° 10 of Resolution No° 62R-638, read: Subject to completion of Reclassification No° 61-62-107o MOTION CARRIED. POLICY FACILITY BUILDING - KELLOGG SWITCHBOARD £QUIPN~ENT: Copy of letter to William Do Greschner Company, dated July 19, 1962, from the City Attorney~ concerning the immediate ordering of switchboard equipment for instalLtion in the City of Anaheim policy facility building, was submitted and read° Mro Dawson advised that according to investigation made by the City Hngineer, no switchboard equipment has been ordered, which could cause possible delay in the completion of the police facility building<~ Discussion was held concerning other types of switchboard equipment and interdepartmental communication systems, such as the Centrex equipment.~ At the conclusion of the discussion, it was moved by 6009 City .Hall~ Anaheim~ California - COUNCIL MINUTES - July 31~ 1962~ 3~00 PoM. Councilman Dutton, seconded by Councilman Krein, that the City Engineer be authorized to make final determination from the General Contractor and if the necessary equipment has not been ordered as of this date, and the time is so critical that further delay would affect the scheduled completion date of the police facility, the City Engineer be authorized to immediately place such order, in accordance with the specifications, and institute the proper back charge against the contract. MOTION CARRIED. RESOLUTION NO. 62R-715: Councilman Krein offered Resolution No. 62R-715 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITIES OF ANAHEIM, FULLERTON AND PLACENTIA WITH REFERENCE TO THE INSTALLATION OF FIXED TI~E TRAFFIC SIGNAL SYSTEM AND SAFETY LIGHTING AT THE INTERSECTION OF ORANGETHORPE AND PLACENTIA AVENUES. On roll call the foregoing Resolution was duly passed and adopted by the followin9 vote: AYES ~ COUNC I L~EN ~ NOES: COUNCI IN~N: ABSENT: COUNCILMEN t Dutton, Chandler, Krein and Coons. None° Schutte,~ The Mayor declared Resolution No~ 62R-715 duly passed and adopted. RESOLUTION NO. 62R-716: Councilman Dutton offered Resolution Noo 62R-716 for adoption° Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM OPPOSING THE STATE SENATE REAPPORTIONN~NT INITIAIIVE CONSTITUTIONAL ANtEND~ENT - PROPOSITION NO. 230 On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCI L~EN: NOES ~ COUNCI LNtEN: ABSENT: COUNCI LNtEN: Dutton, Chandler, Krein and Coons° None° Schutteo The Mayor declared Resolution Noo 62R-716 duly passed and adopted. REQUEST - UNION BANK~ On motion by Councilman Dutton, seconded by Councilman Krein, the City Clerk was authorized to furnish Union Bank, Orange, California, with an impression of the City Seal of the City of Anaheim, so that a bronze facsimile thereof can be made for display purposes in the bank lobby. NDTION CARRIED. ADJOURNNflENT~ Councilman Krein moved to adjourn° Councilman Dutton seconded motion. ND/ION CARRIED. ADJOURNED,~9=25 PoMo ) SIGNED, /a~__W.~.~'~, ~~'_~_~.~ City Clerk