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1962/12/0428.3 C~z.. HaJ..~. Araheim~ California - COUNCIL MINUTES - December 4, 1962, 3:00 P.M. PRESEMi': ABSEM ': PRESENT: 'The City Council of the City' of Anaheim met in regular session. COUNCILMEN: Dutton, Chandler, Schugte and Coons. COUNCiLmEN: Krein. CiTY MANAGER: Keith A. Murdoch. ASSISTANT CITY ATTORNEY: $oseph Geisler, CITY CLERK: Dene M. Williams. CiTY ENGINEER: 3ames Maddox. CIYY PLANNING DIRECTOR: Richard Reese. ZONING COORDINATOR: MarLin Kreidt. Mayor Coons called the meeting co order. MINUTES: Approval of the minutes for ~ne Anaheim City Council meeting held N~vemcer 27, i962, was deferred to the next meeting, December 11, 1962. ]RANGE COGNTY USE PERMii NO. 929: The City Council, on October 30, 1962, granted a Lkirty day extension of time %o Lamb of God Evangelical Lutheran Church, ail L~'e northwest corner of Sunkist and Sou'tn Streets, Orange County Use Permz[ No. 929, to allow negotiation between the City Engineer and the cn~rcr %r Lne improvements and dedication of sufficient frontage for the wLder.~ng of Sunkist Street. On Lne recommendations of the City Engineer, it was moved by C~ ,ut~=ma.t Sc~.Jste, seconded by Councilman Chandler, one year extension of d]f~ie [;e grab;Led for said street improvements on condition that an improve- men cord ne pushed for the street improvements on Sunkist Street and Jed~ca~.:.©Fl for street widening De recorded. MOTION CARRIED. ?uBLZC hEAR[N4_~ HOUSE MOVING PERMIT: Application was submitted by Laura Wiebalk reqxes~.:.ng permission to move a dwel. ling from 3630 West Westminster, Santa A~a, Ca. ;for;~la lo 3629 Savanna Drive, Anaheim, California. Applica-Llon and file were reviewed by the City Council toqether w~ recommendaLions of the Building Deparlmeni; reference was made-to Variance No. 1185, granting permission '~o install second single family dwe ,~ng on s~ojec~ property. fEe Mayor asked if anyone wished to address the Council. Mr. S~an±e'w J. Scherer, 3630 West Wes'~minster, Santa Ann, repre- .~e~ _~.~ ;ne applicant, addressed the Council advising that 'the buildin9 wou~d rep,.ace a building which was destroyed o¥' fire. He further advised iha~; street improvements have not been installed on Savanna Street, and requested ~emporary relief of this requirement until improvements are znsLa]ied in ibis area. Discussion was held by the City Council concerning the street improvements and the necessity of additional dedication prior to said improvements. The Mayor asked if anyone else wished to addressed the Council, be:zng no response, declared the hearing closed. RESOLjiiON NO. 62R-1032: On the recommendations of the City Manager and CL[~ E~gzneer, Councilman Chandler offered Resolution No. 62R-1032 for adopczon, grantin9 said house moving permit, and further granting a tem- porary waiver of curbs, gutters and sidewalk requirements, said improve- merits to be ins~alied upon demand of the City, at such time as adjacent properties are improved. Refer to Resolution Book. A RESOLUfiON OF THE CiTY COUNCIL OF THE CITY OF ANAHEIM GRANTING A HOUSE MOVING PERMIT TO LAURA WIEBALK TO MOVE A DWELLING FROM 3630 WEST WESTMINSTER, SANTA ANA~ CALiFORNiA T© ~96~-~E$~-BA~E-~$~, ANAHEIM, CALIFORNIA. ut j,36~0 Savanna Drive 628a ~itv Hall~ Ananeim~ California - COUNCIL MINUTES - December 4~ 1962~ 3:00 P.M. On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNC i LMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Chandler, Schutte and Coons. None. Krein. The ~ayor declared Resolution No. 62R-1032 duly passed and adopted. PUBLIC HEARING~ MOVING PERMIT: Application was submitted by Robert We%zler, requesting permission to move a small office building from 2960 West Ball Road, Anaheim, Lo 2961 West Ball Road, Anaheim. Applicalion and file were reviewed by the City Council, together wi%h recommenda-~ions from 'the Build:lng Department. The Mayor asked if anyone wished to address the Council. Mr. Robert Wetzler advised thai the building will be a permanent installaiion and will have a five foot setback from the east property line to conform with the mo%el building to the North, and the setback from Ball Road to the inside line of the sidewalk will be approximately twenty-five feet. A sealed plo4 plan was submitted for Council review. Mrs. Warren Booth, 2957 West Ball Road, addressed the Council in opposition, objeciing %o '[he possible noise and lack of a wall requirement between their iwo properties, in her opinion, a wall would protect her proper'cv from t~e lihter tzar now accumulates from the existing service s'ta~cion~ resLa~rani and motel. i-;~ was noLed by the City Council 'that 'the property was presently zoned C-i, and 2be appiican-c coJld construct a duplicate of the building requested ~o De moved° in answer Lo Council qdes%ioning, Mr. Wetzler advised that a wall coaid be detrimental to polential commercial use of Mrs. Booth's property, and in bls opinion a wall would not alleviate %he litter problem~ due the d" ~rec~zon of i~e prevailing winds. The Ma'vor asked if an~,one else wished to address the Council, %nere be:lng no response, declared ~he hearing closed. RESOLUTION NO. 02R,-,i032: Councilman Dutton offered Resolution No. 62R-1033 for adoption. Refer to Resoi'utlon Book. A RESOLUTION . .h= CiTY COUNCil OF THE CITY OF ANAHEIM GRANTING A MOVING PERMIT TO ROBERT WETZLER TO MOVE A BUILDING FROM 2960 WEST BALL ROAD, ANAHEIM, CALIFORNIA TO 2961 WEST BALL ROAD, ANAHEIM, CALIFORNIA. On roi! call %ne foregoing resolution was duly passed and adopted the following vote: AYES: COUNCiIJJEN: NOES: COUNCILMEN: ABSEMF: COUNCILMEN: Dutton, Chandler, Schutte and Coons. None. Krein. The Mayor declared Resolution No. 62R-1033 duly passed and adopted. (Revised plot plan retained for the file) PUBLIC H£ARING~ PROPOSED AMENDMENT TO TITLE 18 (DELETING RESIDENTIAL USES FROM COMMERCIAL ZONES): Pursuant to City Planning Commission Resolution No. 514, Series 1962.~63, recommending amendment to Title i8, Chapter 18.aO, C-1 Zone, by deleting Section iS.aO.OlO (1] "Use" from the Anaheim Municipal Code (eliminating residential use in C-i Zones), p~blic hearing before the City Council was scheduled this date. 6285 ~it¥ Haii~ Anaheim~ California - COUNCIL MINUTES - December 4, 1962, 3:00 P.M. The Mayor asked if anyone wished to address the City Council, there being no response, declared the hearing closed, ORDINANCE NO. 1789: Discussion was held by the City Council, and at the conclusion thereof, Councilman Schutte offered Ordinance No. 1782 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.40, SECTION 18.40.010 - USE OF THE ANAHEIM MUNICIPAL CODE, RELATING TO ZONING. After hearing read in full the title of Ordinance No. 1782 and having knowledge of the contents therein, Councilman Chandler moved the reading in full of said ordinance be waived. Councilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED. STAY OF PROCE£DiNGS - RESIDENTIAL CONSTRUCTION IN C-1 ZONES: Councilman Chandler moved 'that the Building Department be instructed not to issue building permits for construction of residential structures in a commercial zone until an application therefor is made to and approved by the City Council. Council- man Dutton seconded the motion. MOTION CARRIED. RBSLASSIFICATION NO, 61-.62-121: Submitted Dy' Mr. and Mrs. John S. Wright, requesting a change of zone from R-A to C-l, property located on the east side of Euclid Street approximately eighty-two feet south of Cris Avenue. PuOlic hearing before the City Council was held August 21, 1962, continued to October i6, 1962, at which 'time said hearing was closed, and action was deferred to November 7, 1962, and upon request of the applicants, again deferred to this date. Because of a possible conflict of interest, Councilman Chandler wi'thdrew from the discussion and action on this issue. Communication from Mr. and Mrs. Wright dated November 29, 1962, requesting further extension of sixty days to allow the developer additional time for preparation of plans for development of subject property, was submitled. RESOLUTION NO. 62R-i034: Discussion was held by the City Council, and it was no%ed that application was for the property frontage only, and that proposed plans of development would encompass the entire twenty acre parcel. At 'the conclusion of said discussion, Councilman Dutton offered Resolution No. 62R-1034 for adoption, sustaining the action of the City Planning Com- mission, denying said application for C-1 Zoning. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. (61-62-121) On roll call the foregoing resolution was duly passed and adopted by %he foiiowin9 vote: AYES: COUNCILMEN: Dutton, Schutle and Coons. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Krein. ABSTAINED FROM VOTING: COUNCILMEN: Chandler. The Mayor declared Resolution No. 62R-103a duly passed and adopted. .BEQUEST - EXTENSION OF TIME, BOND (HOUSE MOVING PERMIT): Request of Homer J. Dunn~ Jr., and Betty B. Dunn for extension of time to improvement bond filed to insure compliance of certain conditions pursuant to Resolution No 5279, was subml%ted. ' 6~86 Hall, Anaheim, California - COUNCIL MINUTES - December 4~ 1962~ 3:00 P.M. Mr. Ben Brock addressed the Council in behalf of Mr. and Mrs. Dunn, stating additional time is requested because of changing conditions in the area and the possible sale of this and adjacent properties. Mr. Murdoch reported that Mrs. Dunn has indicated they would consider installing the required street improvements in conjunction with the City's improvement of Magnolia Avenue from Lincoln Avenue to Ball Road. On motion by Councilman Schutte, seconded by Councilman Chandler, one year extension of time was granted for compliance with street widening and engineering requirements as set forth in Resolution No. 5279 MOTION CARRIED. ' SIDEWALK WAIVER - 1515 SOUTH MANCHESTER STREET: Request of Altec Lansing Corporation for waiver of sidewalk requirements, was submitted. Discussion was held regarding the Butler type building being constructed, and Mr. Davis, Assistant City Manager, reported on proposed plans for improving the appearance of the building. On the recommendation of the City Engineer, Councilman Dutton moved temporary waiver of sidewalks be granted, subject to the provision that no permanent planting be installed in the area reserved for future sidewalks. Councilman Schutte seconded the motion. MOTION CARRIED. INTERIM BUSINESS LICENSE - 918-B SOUTH MAGNOLIA AVENUF: Communication dated November 23, 1962 from A1Morello, Morello~s Music Center, 918-B South Magnolia Avenue, requesting interim business license to allow musical instruction in connection with retail sale of musical merchandise, was submitted. Mr. Morello addressed the Council advising that he had similar businesses in the Cities of Southgate and Stanton~ that music instructions would be given six days a week. The store will be partitioned with sales conducted in the front portion and music instruction in the back portion of the store. He further advised that a Conditional Use Permit has been applied for. Mr. Kreidt reported that the Conditional Uae Permit application will be presented to the City Planning Commission on December 27, 1962. Discussion was held by the City Council, and at the conclusion thereof it was moved by Councilman Schutte, seconded by Councilman Dutton, that a sixty day' temporary interim business license be granted, with the provision that if said Conditional Use Permit is denied, the applicant will have no recourse to the City Council on the basis of hardship MOTION CARRIED. · CITIZENS' CIVIL DEFENSE COM~ITTEE - APPOINTMEN/2: On the recommendations of Mr. Paul L. Hayes, Civil Defense Coordinator, Mayor Coons appointed Henrietta M. Wolff, Norma M. Hodges and Marvin Estersohn to the Anaheim Citizens Civil Defense Committee, as raembers at large. Said appointments were ratified by the City Council, on motion by Councilman Chandler, seconded by Councilman Dutton. MOTION CARRIED. RESOLUTION NO. 62R-1035: Councilman Dutton offered Resolution No. 62R-1035, accepting grant deed from Manuel and Viviana Hurtado. Refer to Resolution Book. 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 MUNICIPAL PURPOSES. (Manuel Hurtado, et ux) On roll call the foregoing resolution was duly passed and adopted by the following vote: 6287 City Hall, Anaheim, California - COUNCIL MINUTES - December 4~ 1962~ 3:00 P.M. AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Chandler, Schutte and Coons. None. Krein. The Mayor declared Resolution No. 62R-1035 duly passed and adopted. CANCELLATION OF COUNTY TAXES: On motion by Councilman Chandler, seconded by Councilman Dutton, the Orange County Board of Supervisors were requested to cancel County Taxes on the following property acquired by the City of Anaheim for municipal purposes: Property acquired pursuant to Resolution No. 62R-950, formerly assessed to Ernestina Lemus Guerrero, deed recorded November 20, 1962, as Document No. 14630 in Book 6329, Page 14, Official Records of Orange County, California. b. Property acquired pursuant to Resolution No. 62R-367, formerly assessed to Trinidad Lemus, deed recorded October 22, 1962, as Document No. 17151, in Book 6292, at Page 96. c. Property acquired pursuant to Resolution No. 62R-869, formerly assessed to Andrew R., Ignacio R., Elsie R., and Cornelio R. Masciel, deed recorded October 16, 1962 as Document No. 12298~ in Book 6285 at Page 44. MOTION CARRIED. PURCHASE OF' EQUIPMENT: The City Manager reported on informal bids received for the purchase of one 1000 KVA Transformer, as follows, and recommended acceptance of the low bid, that of Parks and Company, Long Beach, in the amount of $5,134.48, including tax: Parks and Company, Long Beach General Electric Company, Los Angeles Line Material Company, Los Angeles Maydwell-Har'tzell, Inc., Los Angeles $ 5,134.48 5~141.76 5,543.20 6,006.00 On 'the recommendations of the City Manager, Councilman Dutton moved that the low bid of Parks and Company be accepted, and purchase authorized in the amount of $5,134.48. Councilman Schutte seconded the motion. MOTION CARRIED. DEEDS OF EASEMENT: Councilman Schutte offered Resolutions Nos. 62R-1036 and 62R-1.037 for adoption. Refer to Resolution Book. RESOLUTION NO. 62R-1036: 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. (Arnold Construction Co.) RESOLUTION NO. 62R-1037: 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 DRAINAGE AND SEWER PURPOSES. (Jack G. Shapiro, et al) On roll call the foregoing resolutions were duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Du~ton, Chandler, Schutte, and Coons. None. Krein. The Mayor declared Resolutions Nos. 62R-1036 and 62R-1037 duly passed and adopted. AWARD OF CONTRACT~ WORK ORDER NO., 4502: At the request of William Griffith, Library Director, Councilman Chandler moved that award of contract for library shelving, Work Order No. 4502, be deferred one week (December 11, 1962) for further study by the City Engineer and Architect. Councilman Dutton seconded the motion. MOTION CARRIED. 6288 City Hall, Anaheim, California - COUNCIL MINUTES - December 4, 1962~ 3:00 P.M. RESOLUTION NO. 62R-1038: On the recommendations of the City Engineer, Councilman Dutton offered Resolution No. 62R-1038 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: FOUR (4) SEVENTY-FOOT (70~) SINGLE-SPAN, TAPERED-PLATE GIRDER BRIDGES AT THE CITY GOLF COURSE, IN THE CITY OF ANAHEIM, JOB NO. 727. (Ecco Contractors, Inc. - Alternate No. 1 - 4 Bridges - $17,456.00) On roll call, the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Chandler, Schutte and Coons. None. Krein. The Mayor declared Resolution No. 62R-1038 duly passed and adopted, RESOLUTION NO. 62R-1039: Councilman Chandler offered Resolution No 62R-1039 for 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 CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE LOS ANGELES STREET SE~ER CROSSING AT APPROXIMATELY 355 FEET SOUTH OF MIDWAY DRIVE, JOB NO. 1259; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened December 27, i962, 2:00 P.M.) On roll call the foregoing resolution was duiy passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Chandler, Schutte and Coons. None. Krein. The Mayor declared Resolution No. 62R-1039 duly passed an~ adopted. RESOLUTION NO. 62R-1040: Councilman Schutte offered Resolution No. 62R-1040 for adoption. Refer to Resoiution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON THAT PORTION OF AN EASEMENT FOR PUBLIC UTILITY AND DRAINAGE PURPOSES UPON, ALONG, OVER AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLU- TION. (Public hearing December 26, 1962, 3:00 P.M.; Cul de saG, Jade Way, west of Citron Street) On roll call the foregoing resolution was duly passed and adopted by ~he following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Chandler, Schutte and Coons. None. Krein. The Mayor declared Resolution No. 62R-1040 duly passed and adopted. 6289 ~ity Hall~ Anaheim, California - COUNCIL MINUTES - December 4~ 1962~ 3:00 P.M. CITY PLANNING COMMISSION ITPJ~S: Actions taken by the City Planning Commission at their meeting held November 14, 1962, pertaining to the following applica- tions, were submitted for City Council information and consideration: CONDITIONAL USE PERMIT NO. 311 - Submitted by Empire Investments, requesting permission to construct and establish automobile agency - new, used and servicing on property located south of the southwest corner of Vermont Avenue and Los Angeles Street. The City Planning Commission pursuant to their Reso- lution No. 527, Series 1962-63, granted said conditional use permit~ subject to conditions. VARIANCE NO. 1528 - Submit%ed by Mr. and Mrs. Clifton M. Martin, requesting permission %o establish a doctor's off~e on property located on %he south side of Ball Road, 190 feet west of the southwest corner of Nutwood Street and Ball Road, and further described as 1916 Wes% Ball Road. Subject variance was withdrawn by the applicant at said City Planning Commission meeting~ VARIANCE NO, i530 - Submit%ed by Ruth Congelliere, requesting permission to construct a two-story building and waive front yard setback to permit ten (10) foot front yard on property located on %he northwest corner of 3acaline Lane and Casa Grande Avenue. The City Planning Commission pursuant to their Resolution No. 530, Series 1962-63, granted said variance subject %0 conditions. ' CONDiTiONAL USE PERMIT NO. 319 - Submitted by Dinkler Management Corporation, reques-[~ing permission %o construct a coffee shop - restaurant operation on property ioca:hed on the east side of Harbor Boulevard approximately 1,835 feet north of !he centerline of Katella Avenue. The City Planning Commission pursuant !o their Resolution No. 532, Series 1962-63, granted said conditional use permit, SdOject to cond:ltions. The foregoln9 actions were reviewed by the City Council and no further ac%ion taken on 'the above numbered conditional use permits and variance applications. QONDITIONAL USE PERMIT NO. 319: Submitted by George R. McClain requesting permis- sion to establish a retail tire service with off-street parking - no recapping opera'tion intended on property located on the east side of Los Angeles Street, approximatei¥ 92 feet south of La Palma Avenue, and further described as 946 North Los Angeles Street. The City Planning Commission pursuant to their Resolulion No. 533, Series 1962-63, granted said conditional use permit, subject 'to conditions. Discussion was held by the City Council and City Manager concerning 2.75 feet additional dedication needed for street widening. A% the conclusion thereof, Mayor Coons instructed the City Clerk to schedule this matter for public hearing° CITY PLANNING COMMISSION RESOLUTION NO. 538~ SERIES 1962-63 - AMENDMENT TO TITLi .~8~ SECTION 18.70.090: Recommending amendment to Title 18, Section 18.70.090, minimum livabie floor space requirements - Placentia Avenue to the East city limits, between Anaheim-Olive Road and Ball Road. Discussion was held and it was determined that the "minimum livable floor space~' would be determined by the measurement of the outside dimensions of the building. Also discussed was the territorial area covered by the pro- posed amendmen.t~ at the conclusion thereof, it was moved by Councilman Schutte, seconded by' Councilman Dutton~ that public hearing be scheduled January 15, 1963, 3:00 P.M., for consideration of amendment to Title 18, Section 18.70.090, as recommended pursuant to City Planning Commission Resolution No. 538 Series 1962-63. MOTION CARRIED. ' RECLASSIFtCAIION NO. 56-57-56: City Planning Commission Resolution No. 539, Series 1962-63, recommendinq termination of petition for Reclassification No. 56-57-56, was submitted for Clty Council review. RESOLUTION NO. 62R-lOal: Councilman Chandler offered Resolution No. 62R-1041 for adoption, concurring with the City Planning Commission recommendations and terminating all proceedings pertaining to Reclassification No. 56-57-56. 6290 City Hall, Anaheim, California - COUNCIL MINUTES - December 4~ 1962~ 3:00 P.M. Refer to Resol.~tion Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION !~ITH RECLASSIFICATION PROCEEDINGS NO. F-56-57-56 AND DECLARING RESOLUTION NO. 3786 TO BE NULL AND VOID. On roll call %he foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: DutLon, Chandler, Schutte and Coons. None. Krein. The Mayor declared Resolution No. 62R-1041 duly passed and adopted, TERMINATIONS - VARIANCES AND CONDITIONAL USE PERMITS: City Planning Commission esol~tzon No. 540, Series 1962-63, terminating certain variances and condi- tional use permits listed therein, was submitted for City Council informa- tion. On motion oy Councilman Dutton, seconded by Councilman Chandler, the City Council concurred with 'the City Planning Commission action, terminating all proceedings pertaining to Variances Nos. 1120, 1160, 1217, 1233, i249, 1269, 1272, 1279, 1280, 1281, 1286 and 1371, and Conditional Use Permits Nos. 65 and 160. ~,~OTION CARRIED. CORRESPONDENCE: Ihe following correspondence was ordered received and filed, on motlon by Councilman Chandler, seconded by Councilman Dutton. MOTION CARRIED: a. City of Huntington Beach - Resolution No. 1685. b. Feather River Project Association. Anaheim Citizens'~ Civil Defense Committee Minutes, November 7, 1962. Dro t~illiam I. Kott- dated November 26, 1962, recommending Ordinance adop:ed by the City of Columbus, Georgia. City of Columbus~ Georgia- Ordinance regulating businesses offering for sale produc-~s produced b'¥ Communist labor. The City-At-torney~s office was requested to review said Ordinance from the Cit'y of Coldmbus~ Georgia, and render an opinion concerning its constitutionality~ ORDINANCE NO. 1'780: Councilman Scnutte offered Ordinance No. 1780 for final reading. Refer %o Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO, 1527 IN RECLASS- IFICATION PROCEEDINGS NO, F~59-60.-94, After hearing read in full the title of Ordinance No. 1780 and hav~ng knowledge of the contents therein, Councilman Chandler moved the reading in full of said Ordinance be waived. Councilman DuO,on seconded the motion~ MOTION UNANIMOUSLY CARRIED, On roll call %he foregoing Ordinance was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Chandler, Schutte and Coons. None. Krein. Mayor Coons declared Ordinance No. 1780 duly passed and adopted. 6291 City Hall, Anaheim~ California - COUNCIL MINUTES - December a, 1962~ 3:00 P.M. ORDINANCE NO. 1781: Councilman Dutton offered Ordinance No. 1781 for final reading, Refer to Ordinance Book, AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTERS 18,64, 18.68 AND 18.72 OF THE ANAHEIM MUNICIPAL CODE BY AMENDING SECTIONS 18.64.040 AND !8,68.040 AND BY ADDING SECTION 18.72.020, RELATING TO TIME LIMITATIONS. After hearing read in full the title of Ordinance No. 1781 and having knowledge of the contents therein, Councilman Chandler moved the readin9 in full of said Ordinance be waived. Councilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED. On roll call the foregoing Ordinance was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Chandler, Schutte and Coons. None. Krein. Mayor Coons declared Ordinance No. 1781 duly passed and adopted. ORDINANCE NO. 1783: C6uncilman Chandler offered Ordinance No. 1783 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (62-63-30 - P-L) After hearing read in full 'the title of Ordinance No. 1783 and having knowledge of the contents therein, Councilman Chandler moved the reading in full of said Ordinance be waived. Councilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED. PRDINANCE NO, i784: Councilman $chutte offered Ordinance No. 1784 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (58-59-27 - R-3 to R-i, Parcel 1, and to R-S, Parcel 2) After hearing read in full the title of Ordinance No. 1784 and having knowledge of the contents therein, Councilman Chandler moved the reading in full of said Ordinance be waived. Councilman Dutton seconded 'the motion. MOTION UNANIMOUSLY CARRIED. ~RDINANCE NO, 1785: Councilman Dutton offered Ordinance No. 1785 for first reading. AN ORDINAh~SE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (61-62-,81 - R-A to R,-3) After hearing read in full the title of Ordinance No. 1785 and having knowledge of the contents therein, Councilman Chandler moved the reading in full of said Ordinance be waived. Councilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED. ORDINANCE NO. 1786: Councilman Chandler offered Ordinance No. 1786 for first readin9. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (61-62.-,120 - C-i) After hearing read in full the title of Ordinance No. 1786 and having knowledge of Zhe contents therein, Councilman Chandler moved the reading ~n full of said Ordinance be waived. Councilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED. 6292 City Hall~ Anaheim, California - COUNCIL MINUTES - December 4, 1962~ 3:00 P.M. CHARTER CITY GOVERNMENT - CITIZENS ADVISORY CO~ITTEE: On October 30, 1962, the City Council declared its intention to appoint an Advisory Committee of fifteen members and fifteen alternate members, all citizens of Anaheim or of any area actually under proceedings for annexation to the City of Anaheim, for the purpose of study'lng a proposed charter for said city. All interested groups as well as the general public were invited to submit their recommen- dations for committee memberships to the City Clerk by November 4, 1962, for Council consideration this date. Names of sixty-seven nominees were submitted. It was the opinion of the City Council that although 'the names presented appeared to be a quail%att'ye list, additional membership recommendations were desirable so as to obtain a more complete cross section from which all citizens can be equally represented. Councilman D'utton moved to extend the time for submission of recommendations to the Citizens Ac'visory Committee to December 17, 1962, and requested that ample publicity be given by radio and newspapers, all recommendations to be submitted for Council consideration on Tuesday, December 18, 1962. Councilman Chandler seconded the motion. MOTION CARRIED. Discussion was held by the City Council and members of the press concerning 'the advisability· of making public the names of nominees. It was determined that nomination to this important committee was indeed an honor, and names of %hose nominated were ordered released for publication. .ALCOHOLIC BEVERAGE CONTROL APPLICATION - 2008-H EAST LINCOLN AV£NUii: Dr, Gerber, 2008 East Lincoln Avenue, addressed the Council referring to Alcoholic Beverage License Application for On Sale General license at 2008-H East Lincoln Avenue, C-2 Zone, for which plans of development were considered Dy the Cit'/ Council at its meeting held September 18, 1962. He advised that although he had not appeared at said meeting, he had written a letter pro- testing the granting of such an application. He further advised that the hearing before the Alcoholic Beverage Control Board on said application will be held December ir~, .... i962, and requested Council support of his opposition, as in his opinion if the license is granted, it will be detrimental to the Walk-Up Restaurant next door, as well as to other businesses in the area, He further advlsed that other zenants, as well as the Riverview Home Owners Association, support ~nis pro~es't. Dr. Gather was advised thaL his letter was read into the record at ~kne meeting of September 18, i962, even tho.ugh he was not present. However, other letters were received from neigh~orin9 tenants who favored the request. 'The City' Co~mcil had previously approved the use, and would ~e inconsistant to proLest Lo liquor license application. CHRISYMAS TREE LOT AP LICAiION .-- NORTHEAST CORNER~ BROOKHURST AND KATELLA: Appli- cation submitted by 3chh Shanhotzer for permission to establish a Christmas tree lot at [he northeas~ corner of Brookhurst Street and Katella Avenue, was submitted. The Cit'y' Manager briefed the letter submitted, advising that approximately $2,000. has been expended, 'that license has been applied for, 'trees ordered, and 'the vacant lot has been prepared for Christmas tree sales. Councilman Schut-te moved ~ i · ~ha,. said application be granted, subject to all provisions of 'the Christmas Tree Or~inance requirements, and any flocking or spraying must be within a shelter, and at least fifty feet from any' residences. Councilman Dui'ton seconded the mo~ion. ~OTION CARRIED. RECESS: Councilman Chandler moved to recess to 7:00 P.~. Councilman Dutton seconded the motion. MOTION CARRIED.(5:00 P.M.) 6293 City Hail, Anaheim, California .: COUNCil MINUTES - December 4, 1962, 3:00 P.M. AFTER RECESS: Mayor Coons called the meeting to order. PRESENT: COUNCilmEN: Dutton, Chandler, Schutte and Coons. ABSENT: COUNCILMEN: Krein. INVOCATION: Reverend Morford, Pastor of First Nazarene Church, gave the invocation. FLAG SALUTE: Mayor Coons led the assembly in the Pledge of Allegiance to the Flag, CONTINUED PUBLIC HEARINGS, RECLASSIFyCATiON NO, 62-63-31 AND CONDITIONAL USI: PERMIT NO. 309: RECLASSIFICATION NO. 62-63-31: Submitted by Morten M. and Maude A. Dizney, requesting a change of zone from R-A to R-3 on property located briefly on the south side of Ball Road between Dale and Fern Avenues. The City Planning Commission, pursuant to their Resolution No. 506, Series 1962-63, recommended said reclassification be approved, subject ko conditions. (See Council minutes, October 30, 1962, page 6234) CONDiTiONAL USE PERMIT NO. 309: Submitted by Morten M. and Maude A. Dizney, requesting permission to construct a planned unit development on property described in Reclassifica:tion No. 62-63-3i. The City Planning Commission, pursuant %o their Resolution No. 507, Series 1962-63, 9ranted said Condi%ionai Use Permit, subject to conditions. Publlc hearing was continued from the meeting of October 30, i962, for' further study and reporl by the City Plannin9 Department, of the area alcn9 the south side of Ball Road. Mr. Ronaid Grudzinski, Assistant Planner, submitted Planning Stud~% No. i--15~2, re~'ised, of %he area in question, and noted the present land ::se and existing zoning; that based upon the existing land use situation and ire zoning pat~tern within the area, the Commission felt 'that the best possleie use was ~ke reaffirma~tion of their previously stated policy, and recommend a low medium densii~.' type residential use, thereby encouragin9 %he proper~ty owners id group iogett, er GdO-shaped parcels under one use for a better development of ihe area. He advised that the low medium density residential classification allows one to eighteen dwelling units per acre, or a total of ninety-five units on subject property; the planned unit development as requested pro- poses one hundred and f:ive units. He further advised that included in the su~]ec~ piannimg s~udy as a compaiiole use is ~he convalescent hospital requeszed o¥ the applicants under Conditional Use Permit No. 322, which was denied b~ the Planning Commission on 'the basis of insufficient plans and no represen~tation at 'the public hearing. i% was noted by the Council 'that an appeal has been filed by the appiicants of Conditional Use Permi2 No, 322, and public hearth9 scheduled to be held December 18, 1962. T~e Mayor asked if the applicant was present. Mr Ray ~ercad0, 13016 Euclid Avenue, * ' Garden Grove, representing the appi~ant, addresse~ the Council urging approval o£ hheir request as re~ommen~eO by the City Planning Commisslon~ ':he Mayor asked if anyone else wished ~o address the Council, there being no response, declared 'the hearing closed on Reclassification Applica~tion No. 62~63-31 and Conditional Use Permit No. 309. 629a City Hail~ Anaheim, California - COUNCIL MINVfES - December 4, 1962, 3:00 PoM. Plans and the files were reviewed by the City Council, and discussion was held regarding the interjection o£ R-3 into the existin9 predominate R-1 area. RESOLUTION NO. 62R-iOa?: At the conclusion of the discussion, Councilman Chandler offered Resolution No. 62R-t042 for adoption, denying Reclassifica- tion No. 62-63-31. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. (62-63-31) On roll call the foregoing resolution was duly passed and adopted by 'the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Chandler, Schutte and Coons. None. Krein. The Mayor declared Resolution No. 62R-1042 duly passed and adopted. RESOLUTION NO. 62R-1043: Councilman Chandler offered Resolution No. 62R-lOa3 for adoption, denying Conditional Use Permit No. 309. Refer %o Resoldtion Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 309. On roll call the foregoing resolution was duly passed and adopted bv ihe following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Chandler, Schutte and Coons. None. Krein. 'the Mayor declared Resolution No. 62R-1043 duly passed and adopted. CONTi~IC HEARING CONDITIONAL ~SE PERMIT NO. 237: Submitted by Long Beach Banana Distributors, Inc~] (Mr. John Irwin,) concerning the deletion of 'the requirement for dedication of all vehicular access rights to Beacon Street, as set forth in Resolution No. 62R-634 granting Conditional Use Permit No. 237. ' Mayor Coons reviewed the past history pertaining to. this applica- 'tion for a restaurant and cocktail bar in the easterly portion of the building, located in the Euclid-Ball shopping center, and advised that the issue before the City' Council was the elimination of the requirement for dedication of access rights to Beacon Street, that the last action of the City Council resulted in a split vote, and the matter was continued to this date. Letter of protest from Mr. and Mrs. E. W. Hill, together with petition of opposition containin9 approximately two hundred and forty-four signatures, submit'Led at open meeting, was presented. Petition was briefly reviewed by the City Council, and location of the general area from which the signatures were obtained was noted. Mr. John irwin, owner of all the improvements at the Euclid-Ball shopping center, addressed the Council advising that the Long Beach Banana Distributors, Inc., were the owners of the real property; that when this Conditional Use Permit was granted and the condition applied requiring the dedication of access rights to Beacon Street, he did not realize that it was such a detriment to the shoppin9 center and also to the people in the north and northwest area of the shoppin9 center; that after consulting with the City Attorney, he realized that he could either open the bar under the Conditional Use Permit, or open the access and forego the Conditional Use Permit that was granted. Regarding the question of which he would rather 6295 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 4~ 1962~ 3:00 P.M. have, the bar operation or the driveway, he advised that the driveway would be his choice, as he felt it would be more important to the shopping center. Mr. Irwin further advised that at the time this issue was discussed with the City Council, he did not have a prospective restaurant and bar tenant; however, immediately thereafter, a very desirable prospective tenant was obtained. He realized that he could utilize the Conditional Use Permit, open the bar, and then apply for the driveway opening, with perhaps only minor objections. He realized also he was jeopardizin9 the original Condi- tional Use Permit that was granted in requesting an additional hearing, but in his opinion, it was the only fair way to handle the issue. In answer to Mayor Coons' question, Mr. Irwin further advised that prior 'to this time, there was a driveway from the parking lot to Beacon Street, as indicated on the original plans; that the additional improvement plans would have been to move the driveway approximately one hundred and twenty feet to the East, retaining the former driveway as a pedestrian mall. The Mayor asked if anyone else wished to address the Council. Mr. Ralph Lundquist, 1776 Laurel Place, Anaheim, party of interest in two apartment buildings in the immediate area, addressed the Council and noted that the shopping center has prospered with a C-1 zoning, which does not envision the sale of liquor; that they as apartment owners have invested their savings in this area, cognizant of the zoning. He advised that they as apartment owners, face similar problems of Mr. Irwin's, such as tax problems, utility bills and mortgage payments, and were greatly concerned with any change that might cause their tenants to move, such as excessive noise, e~c. He noted that the shopping center was frequented by teen-agers because of the Hobby Center, bicycle shop and doughnut shop, and in his opinion, the cocktail lounge would not be a good example to them. Mr. Carl J. Carlson, 1754 l~est Beacon Avenue, addressed the City Council and quoted 1960 statistics concerning the total sales of alcoholic beverages in the United States, 1961F.B.I. statistics concerning the number of teen-agers taken into custody for drunkeness, and the percentage of money spent in the cost of maintaining public hospitals and police facilities, etc., as res~i't. In his opinion, he felt this use would not be in the best 'interest of any of the teen-agers and young people. Also, because of the very heavy · traffic, was of the opinion there would be very little business in the early morning and late afternoon hours. He related his experience as an insurance man, and quoted statistics concerning accidents attributable to drinking. Mayor Coons requested the remarks be confined to the issue before the City Council, that of eliminating the requirement for dedication of access rights %o Beacon Street. At the request of Mr. Carlson, those in opposition to the new build~ng stood in recognition. Councilman Dutton asked Mr. Carlson if he prefers the people to have ingress and egress to Beacon Street. Mr. Carlson stated that they would rather have the access to Beacon Street and eliminate the on-sale liquor activity. Mr. Carlson asked Mr. Irwin if this could be considered a final request on his part for this type of use. Mayor Coons was of the opinion that to answer Mr. Carlson's question could place a property owner at a distinct disadvantage considering the uncertainty of the future. 6296 City Hall~ Anaheim, California - COUNCIL MINUTES - December 4~ 1962~ 3:00 P.M. Mr. Carlson felt that those in the area opposing this use repres- ented twenty to thirty times the assessed value of the shopping center property. Mrs. Richard Steele, 1735-1739 West Ball Road, addressed the Council stating she was of the opinion that the issue before the City Council was the cocktail lounge, as the permit for the driveway opening has been issued. Mayor Coons explained that if Mr. Irwin utilizes the driveway permit, he cannot meet /he requirements of the conditional use permit that allows 'the cocktail bar. Mrs. Steele noted that this was denied by the City Planning Commission, and called attention %o the heavy traffic and congestion of the intersection. She noted also that their tenants provide needed volume for the shopping center, and stated that traffic and parking was a present problem because of the all-night operation of the market and doughnut shop. She agreed that a driveway was needed, but felt the proposed location %o be a dangerous one. Mrs. Steele referred to previous similar uses denied by the City Council, and requested Mr. Irwin not to pursue the cocktail lounge activity. Mr. Arthur Thoreen, 1737 Beacon Avenue, referred %o the present establishment in the immediate vicinity and the police activities in the area as result thereof. He was of the opinion that the Euclid-Ball shopping center was very well managed; however, questioned the future reputation of the shopping center, should the cocktail operation be permitted. Mr. William Vusa, 1733 Beacon Avenue, advised that they had always opposed the granting of the liquor establishment, and felt that the wishes of those who signed the petition of protest should be considered. The Mayor asked if anyone had any new evidence to present, there being no response, declared the hearing closed. Councilman Schutte moved 'that the Council decision be deferred to the next meeting, in the hope that all members of the City Council were present. Councilman Coons seconded the motion. Discussion was held by the City Council; at the conclusion thereof, the above motion was withdrawn by Councilmen Schu%te and Coons. RESOLUTION - Councilman Schu'tte offered resolution for adoption, denying the request for the deletion of Condition No. 6 of Resolution No. 62R-634 pertaining to Conditional Use Permit No. 237. ' Discussion was held by the City Council, and it was again noted that Mr. Irwin could obtain access to Beacon Street by not exercising his rights granted pursuant %o Conditional Use Permit No. 237, or he could establish a restaurant and cocktail lounge by the compliance of conditions established in Resolution No. 62R-63~, which includes dedication of vehicular access rights 'to Beacon Street; 'that concerning this use in finality the decision mas that of the applicant. At the conclusion of the discussion, and on the following roll call vote, the foregoing resolution failed to carry. AYES: COUNCILMEN: Schutte and Coons. NOES: COUNCILMEN: Dutton and Chandler. ABSENT: COUNCILMEN: Krein. The Mayor declared that the foregoing resolution failed to carry and that said issue would be held over to the next meeting of the City Council (December 11, 1962, 3:00 P.M.). RECESS: Councilman Chandler moved for a fifteen minute recess. Councilman Dutton seconded the motion. ~,~OTION CARRIED. (8:a5 P.M.) 6291 C~itv Hall~ Anaheim~ California - COUNCIL MINUTES - December 4~ 1962~ 3:00 P.M. AFTER RECESS: Mayor Coons called the meeting to order, all members of the City Council being present, with the exception of Councilman Krein, and %he business before the City Council resumed. PUBLIC HEARING~ VARIANCE NO. 1526: Submitted by Louis J. and Dorothea E. Stacker, requesting permission to waive rear yard setback requirements on property located on the north side of Mall Avenue approximately 175 feet west of Topo Street (2431 Mall Avenue). The City Planning Commission pursuant to Resolution No. 515, Series 1962-63, denied said variance. Appeal from action taken by the City Planning Commission was filed by the applicant and public hearing scheduled. Mr. Martin Kreidt noted 'the location of the subject property and present zoning and development of the area. Attention was called to the plot plan filed with the application, indicating the encroachment to be wi'thin five and one-half feet of the rear property line. Reference was made to a recent amendment of Section 18.20.030 (3) of the Anaheim Municipal Code, permitting a minimum of ten foot rear yard setback. Mr. Kreidt further advised that it was the feeling of the City Planning Commission that a compromise to the problem could be found, that %he size of the proposed room could be reduced, staying within the provi- sion of [he new Code amendment. Further, that to grant this request would ~e establishing a precedent, The Mayor asked if anyone else wished to address the Council. Mrs. Louis Stacker, applicant, addressed the Council advising that the recommendations of the City Plannin9 Commission would result in a room twenty-two feet by eleven feet, and would be less fioor space than desired; that while it might be an adequate size room, it would be difficult to plan closet location, etc. In her opinion, their plans would be in keeping with the architecture of the dweIling; also 'the house is open beam construction, and Lo extend 'the room two feet into '[he side 'yard and continue the downward slope of the roof, as suggested by 'the Planning Commission, would lower the ouiside height of the ceiling %o a point where she and her husband would have %o stoop because of their height. . She further advised that the Planning Commission denied the request on ~e oasis that a precedent would be established by allowing a further encroachment into the ten-foot minimum rear yard setback. In her opinion, if this was to be the ruling, people making applications for variances to this provision should be so advised. Mrs. Stacker explained the need for the additional room, which will provlde each of tgeir daughters with a private Oedroom, and a study room for the family; also that others in the neighborhood have made additions to their homes or installed swimming pools closer than ten feet to the rear property line. No one opposed their request, and five of the immediate neighbors endorsed their petition. Mr. Louis Stacker called attention to the size and shape of their lot, wherein much of their recreation has been placed in the front yard. He further advised that if the addition was allowed, there would still be in excess of four thousand square feet of play area and usable space existing. The Mayor asked if anyone else wished to address the Council there oeing no response, declared the hearing closed. ' RESOLUTION NO. 62R-10a~: Councilman Schutte moved that it be %he findin9 of the City Council ~hat because of the shallow depth of the lot, and further, because of the use of a portion of the front yard on this lot for purposes normally found in the rear yard area, and because of the unusual design of the existln9 dwelling, it is reasonable to allow this deviation from the Code pro- visions, and thereupon offered Resolution No. 62R-10aa for adoption, 9ranting Variance No. 1526, subject to construction in accordance with Exhibit Nos. 1, 2 and 3, providing that the roof overhan9 shall be modified so that it does not encroach into the public utility easement, unless encroachment permit is determined appropriate and granted. 6298 City Hall, Anaheim, California C ~ 3:00 P.M. - OUNC~L MINUTES - December 4, 1962~ Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1526. On roll cai1 the foregoing resolution was duly passed and adopted by the followin9 vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Chandler, Schutte and Coons. None. Krein. The Mayor declared Resolution No. 62R-1044 duly passed and adopted. PUBLIC HEARING, RECLASSIFICATION NO. 62-63-36 AND CONDITIONAL USE PERMIT NO. 314: RECLASSIFICATION NO. 62-63-36: Suomitted by S. D. Vandruff, requesting a change of zone from R-A and C-1 (C-1 effective November 1, 1962) to R-3, properly located approximately 303 Feet north of Ball Road, and 399 feet east of Beach Boulevard. the City Plannlng Commission pursuant to Resolution No. 520, Series 1962-63, recommended said reclassification, subject to the following condi- tions: i. Payment of a Park and Recrealion fee of $25.00 per dwelling unit to be collected as part of the Building Permit. 2. Provision of standard trash storage areas as determined by the Department of Public Works, Sanitation Division, prior to Final Building Inspection. 3. Installation of fire hydrants, as determined to be necessary by the City of Anaheim Fire Department, to provlde adequate fire protection. a. S~oject to the approval of Petition for Conditional Use Permit No. 314. 5. Provision of a modified c~L-de-sac on Eldorado Street subject to the approval of abe City Engineer, prior to Final Building Inspection. 6. Development substantially-in accordance with Exhibit Nos. 1 through 7, with 'the exception that covered parklng spaces be increased to a minimum of ninety (90) as required by' the Anaheim Municipal Code. 7. That the access drives adjacent to, b~t outside of subject property along the south property line and alonq the east property line be paved as ~ndlcated on the PloL Plans, prior to Final Buildin9 Inspection. 8. Provision of a six (6) ~ooi masonry wall along the east and north boun- daries of subject property where said property abuts single family residences, the height of said wall to be measured from the finished 9rede of the R-1 property. CONDIIIONAL USE PERMIT NO 314: Reqoestinq permission to construct multiple famiiy planned unit development on proper~y described above. The City ?lanning Commission pursuant to Resolution No. 521, Series i. 962-63, granted said Conditional Use Permit, subject %o the following conditions: 1. Payment of a Park and Recreation fee of $25.00 per dwelling unit to be collected as parl of %~e Building Permit. 2. Provision of standard trash storage areas as determined by the Department of Publlc Works, SeniLe[ion Division, prior to Final Building Inspection. 3. Installation of fire r~ydran~s, as determined to be necessary by the City of Anaheim Fire DeparLmen%, to provide adequate fire protection. d. gobjgc~ ~o fhe approval o£ Petition for Reclassification No. 62-63-36. 5. Provision of a modified cul-de-sac on Eldorado Street subject to the approval of the City Engineer, prior to Final Building Inspection. 6. Development substantially in accordance with Exhibit Nos. 1 through 7, with the exception that covered parkin9 spaces be increased to a minimum of ninety (90) as required by the Anaheim Municipal Code. ¥. That the access drives adjacent 'to but outside of subject property along the south property line and aionq the east property line be paved as indicated on the Plot Plans, prior to Final Buildin9 Inspection. ~..~ty Hail~ Anaheim~ California - COUNCIL MINUTES - December 4, 1962~ 3:00 P.M. e Provision of a six (6) foot masonry wall along the east and north boun- daries of subject property where said property abuts single family residences, 'the height of said wall to be measured from the finished grade of the R-1 property. PuOlic hearing on Conditional Use Permit No. 314 was scheduled in accordance with Council policy 'to be considered in conjunction with Reclassi- flcatlon application. Mr. Martin Kreidt noted the location of the property and summarized the evidence and action of the City Planning Commission. He called attention to Condition No. 7, noting a %ypographical error, advising that the property lines should be changed 'to read "west" instead of "east". The Mayor asked if anyone wished to address the Council. Mr. Robert L. Balen, authorized agent, was present for the purpose of answering Council questioning, and advised that the plans were in accor- dance with ail Code provisions. Mr. Thomas Crippen, 2946 West Rome Avenue, asked if the property adjacenz to the single family residences on Rome Avenue would be developed with two-story s~ructures. Mr. Crippen was invited to the Council Table to review the plans, and ::~ was noted that the two-story construction was removed from the single famii~ residential area. Ihe Mayor asked if anyone else wished %o address the Council, ~here oeLng no response, declared the public hearing closed on Reclassifica- tion No. 62-63-36 and Conditional Use Permit No. 314. RESOLU[iON NO. 62R-1045: Councilman Du%%on offered Resolution No, 62R-1045 au~hc~iz ng preparation of necessary ordinance, changing the zone as requested, subject to 'the recommendations of the City Planning Commission, correc'cing Condition No. 7 thereof to read "west" lnstead of "east". Refer ~o Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIN FINDING AND DETER- MiNiNG THAT TiFLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED (62-,03-,36- R-3) ' On roll call the foregoing resolution was duly passed and adopted by 'the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Du'tton, Chandler, Schutte and Coons. None. Krein. The Mayor declared Resolution No. 62R-1045 duly passed and adopted. RESOLUTION NO. 62R-1046: Councilman Dutton offered Resolution No. 62R-1046 granting Conditional Use Permit No. 314, subject %o the recommendations of the Cit~ Planning Commission, correcting Condition No. 7 %hereof %o read "wes%" instead of "east". R~f~r to R~solut~on gook. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRAN/ING CONDITIONAL USE PERMIT NO. 314. On roll call the foregoing resolution was duly passed and adopted by the following vote: 6300 Hall, Anaheim, California .- COUNCIL MINUTES - December 4, 1962, 3:00 AYES: COUNCILMEN: button, Chandler, Schutte and Coons. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Krein. The Mayor declared Resolution No. 62R-1046 duly passed and adopted. ALCOHOLIC BEVERAGE APPLICATIONS: a. 932 North Euclid Avenue, New On-Sale Beer license, applicant -Lester Clayton Kirk. No action taken by 'the City Council. 3030 West Lincoln Avenue, New On-Sale General license, Garrity Restaurant, present zone R-A. Protest was authorized on the basis that the present zoning did not provide for this use. RELOCATION OF STATE HIGHWAY ROUTE ?: Request. oF the Board of Directors of the Anaheim Chamber o¢ Commerce requestino the relocation of 101 Bypass from Los Angeies Street to Harbor Boulevar~ was deferred from the meeting of November 7, 1962, ~r further investigation and report from the City Manager and City Engineer. Mr. Murdoch reported on the study and investigation made; that is was their recommendaZion that subject relocation be approved, and that the State Division of Highways be requested to institute proceedings toward relocation, pointing out that Los Angeles Street does not have a full interchange with the Santa Aha Freeway, whereas Harbor Boulevard does; also, most of the through traffic is following Harbor Boulevard at the present :lee. Mr. Murdoch called attention 'to the fact that the increasing traffic on Los AngeleS Street will soon require some method of increasing ihe capacity, and since Los Angeles Street is a narrow street and buildings carry practically no setback, widenin9 would be almost impossible. However, prior ~o the relocation of Bypass lOl (State Highway Route 2) remedial work should be performed on the pavement .of Los Angeles Street, and also the .raffic s;gnal system now in process should be completed. Said siudy was accepled by' the City Council and taken under advisement. PROPOSED 2500 ACRE-FOOI REShii~'Oik AND ~f~ATER TRANSMISSION SYSI'EM - BOYLE ENGINEERING PROPOSAl.: Mr. Murdoch briefed the Boyle Engineering proposal dated November 23, 1962, for the furnishin9 professional engineering services for the completion of investigation and detailed design, and for reiated engineering work, for the construction of 2500 Acre-Foot Reservoir and Water 'Transmission System to serve the easterly portion of the City of .Anaheim. ~heir fee for engineering services to be 5,~ percent of the construction cost of the transmission mains, major storage facility, pressure regulating station and appurtenances, .~2 percen~ of the construction cost of the water treatment planL and appurtenances, Surveying and engineering costs incurred as a result of site and right-of-way acquisition, to be performed on a per diem basis~ that in the event the work should extend beyond January 1, 1964, an adjustment in the per diem rates might possibly be required, due to a wage adjustment encountered within the profession. On motion by Councilman Dutton, seconded by Councilman Schutte, the City Attorney-and City Manager were requested to meet with Boyle Engineering representatives for 'the purpose of preparing a contract generally in line with the proposal submitted. MOTION CARRIED. 6301 ~,ii~ Haii~ Anaheim~ California - COUNCIL MINUTES - December 4~ 1962~ 3:00 P.M. RESOLUTION NO. 62R-1047: Councilman Dutton offered Resolution No. 62R-1047 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 62R-544, SECTION 3, ALLOCATION OF CLASSES OF EMPLOYMENT TO COMPENSATION SCHEDULES. (Amending salary resolution, adding positions of City Attorney Park Superin'tenden%, Extra Fireman) On roll call the foregoing resolution was duly passed and adopted following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Chandler, Schutte and Coons. None. Krein. The Mayor declared Resolution No. 62R-1047 duly passed and adopted. RESOLUTION NO. 62R-1048: Councilman Chandler offered Resolution No 62R-1048 for adoption. ' Refer to Resolution Book. A RESOLU[ION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 62R-5~4. (Reinstating Resolution No. 6148 - Conditions of Employment) On roll call the foregoing resolution was duly passed and adopted by ir~e following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Chandler, Schutte and Coons. None. Krein. l'he Mayor declared Resolution No. 62R-1048 duly passed and adopted. SHELTER LICENSE - BASEMENT~ CITY HALT.: On the recommendations of Paul L. Hayes, Civi] Defense Coordinator, it was moved by Councilman Chandler, seconded by Councilman Schutte, that the Mayor and City Clerk be authorized to sign sr~eiier license, authorizing use of the City Hall Basement as a Category "2" shelter in a time of emergency. MOTION CARRIED. EMPLOYMEgl .~ HARRY C. WILLIAMS~ ATTORNEY - CITY CHARTER: Proposal received from Hart+. C. Williams, dated November 27, 1962, was submit%ed and read. It was moved by Councilman Schutte, seconded by Councilman Chandler, ihat Mr. Harry C. Williams be employed as special counsel for the fee of $6,500~ for the purpose of preparin9 a Charter for the City of Anaheim, and to assist the City Council and Citizens Advisory Committee in accordance wizh his ielters dated November 13, 1962 and November 27, 1962. MOTION CARRfED. RECLASSiFICAYION NO. 61-62-97: Mr. Geisler reported on request received of Douglas Oil Company of California for the abandonment of access rights along Bail Road within the proposed area of 'their street design, and further advised that all rights of access to Ball Road were dedicated to the County of Orange by means of the tract map and acquired by the City of Anaheim apon annexation. Discussion was held by the City Council and City Attorney, and ii was noted ~hat Resolution of Intent No. 62R-524 to zone subject property C-3 was adopted May 29, 1967. At the conclusion of the discussion, it was moved by Councilman Schutte, seconded by Councilman Dutton, to 9rant permit for access 'to Ball Road to Douglas Oil Company as designated on the plans approved in conjunction with Reclassification No. 61-62-97, and authorized the City Engineer to grant necessary permi[ for curb opening. MOTION CARRIED.