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1964/08/188014 City Hall, ~Anahe~m,. C~!ifornia - COUNCIL MINUTES - Au. qust .~18, 1964, 1.,SO P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIIA4EN: Pebley, Dutton, Schutte (entered the meeting, 1:45 PoM.), Krein and Chandler. ABSENT: COUNCII~N: None. PRESENT: CITY NtANAGER: Keith A. Murdoch. ASSISTANT CITY MANAGER: Robert Davis. CITY ATTORNEY: Joseph Geisler. CITY CLERK: Dena Mo Williams. ASSISTANT CITY ENGINEER: Ralph O. Pease. ASSOCIATE PLANNER: Robert Mickelson. PUBLIC UTILITIES DIRECTOR: George Oelkers. Mayor Chandler called the meeting to order. MI .N~3T. ES: On motion by Councilman Duiton, seconded by Councilman Krein, minutes of the Anaheim City Council meeting held August 4~ 1964~ were approved. MOTION CARRIED. (Councilman Schutte entered the meeting.) R~CLA$$IFICATION NO. 63-64-31 - EXTENSION OF TIME: Request of Raymond G. Spehar · for an extension of one year after final building inspection for compliance with Condition Noo 1, Ordinance No. 1956, with reference to construction of two foot block wall, was re-submitted. On motion by Councilman Dutton, seconded by Councilman Pebley, one year extension of time from final building inspection for construction of the two foot block wall was granted, subject to the posting and approval of a bond guaranteeing the construction thereof° MOTION CARRIED. RBCLA~IFIC.~TION NO. 63-64-94 AND VARIANCW-NO, 1628 (TRA~..T NO,, ~823J.: Property located on the north side of Ball Road, approximately 338 feet west of Beach Boulevard~ The City Planntng Commission, pursuant to Resolution Noo 1281, Series 1964-65, recommended Reclassification No. 63-64-94 'and Variance No. 1628 for termination, inasmuch as said applications were superseded by Tract No° 3823, recorded August 11, 1964. P~ESOLUTION NO. 64R-606: Councilman Krein offered Resolution No. 64R-606 for adoption° Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHRIM TERMINATING ALL PROCEEDINGS IN CONNBCTION WITH ELASSIFIGATION NO. 63-64-94. Roll call vote: AYES: COUNCIIOWIENm Pebley, Dutton, Schutte, Krein and Chandler. NOES{ COUN~DIIJ~N~ None. ABSENTm COU~CII~N~ None. The Mayor declared Resolution No. 64R-606 duly passed and adopted. }{ESOLUTION NO. 64R,607~ Councilman Krein offered Resolution No. 64R-607 for adoption. Refer to Resolution Book. A R~SOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TE~INATING ALL PROCEEDINGS IN CONNBCTION WITH VARIANCE NO. 1628. Roll call vote: 8015 City Hali. Anahe,im~ Gait, for, hiS = CO. II., MIN,UIE$,- Auqu~t ,,,18~ ,1.9,64,,, !,~30',P,,M, _. · AYESz GO~II~Nz Peble¥, Dutton, Schutte, Kreln and Chandler NOES, COUNCII3~EN: None ABSENI: GOUNCII3~N~ None The Mayor declared Resolution No, 64R-607 duly passed and adopted. ~UBLI G HEARING -,ABANDONME,NT, Public hearing was held on proposed abandonment of an easement for public utility and sewer line purposes, property located between Broadway and Chestnut Street, running from Helena Street to Harbor Boulevard, pursuant to Resolution No. 64R-537, duly published in the Anaheim Bulletin August 6, 1964, and notices thereof posted in accordance with lawo The Mayor asked if anyone wished to address the Council concerning the proposed abandonment, there being no response, declared the hearing closed, RE,SOLUTION,,, NOT 64R-608:, Councilman Dutton offered Resolution No. 64R-608 for adoption. Refer to Resolution Book. A RESOLUIION OF THE CITY COUNCIL OF IHS CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF ~N EASEN[ENT FOR PUBLIC UTILITY AND SEWER LINE PURPOSES UPON, ALONG, OVER AND THRO[~3H THE HEREINAFTER DESCRIBED REAL PROPERTY. (United California Bank) Roll call vote: A'fESs COUNCIL~N~ Pebley, Dutton, Schutte, Krein and Chandler NOES.: COUNC ILMEN~ None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 64R-608 duly passed and adopted, SIGN REQ~S: The following applications were submitted and reviewed by the City Council together with plans and reports from the Building and Planning Departments: (a) WE.BERAPPLIANCE~. Requesting permission to erect two free-standing signs at 333 South Euclid Avenue° ~{r. Agnew, of Santa Ana Neon Company, advised that Sign "C", as shown on plans presented, was presently in use at another location and was offered as an alternate to Sign "B", and if approved, flashing lights and arrow design would he removed. On motion by Councilman Krein, seconded by Councilman Dutton, sign permits were granted for Sign "A" and for either Sign "B" or "C", subject to no projection over the property line, that lighting he reflected away from residential areas, signs to be limited to a maximum height of 25 feet, and the removal of any flashing lights and arrows. MOTION CARRIED. (b) ANDR~.W~$ BURGHR. S: Requesting permission to erect free-standing sign at 3464 West Orange Avenue° On motion by Councilman Dutton, seconded by Councilman Pebley, said sign permit was granted as requested, subject to the lighting being arranged so as not to illuminate the residential areas. MOTION CARRIED. (c) IEXA. S ~RIED' CHIC.KHN: Requesting permission to erect free-standing sign at 421 South Brookhurst Street. On motion by Councilman Schutte, seconded by Councilman Krein, said sign permit was granted, as requested. MOIION CARRIED. (d) .INTF-RN~T!ONAL HARV~$!5R.~ Requesting permission to erect free-standing sign, at lllO ~ast Kate!la Avenue. On action by Councilman Dutton, ~emonded by Councilman Krein, ~aid sign permit was granted, as requested. 8016 City ,Ha~,,1,, Anaheim, Cali£9.r~ia- COUNCIL ,M!N ~UTES - Auqust 18,. 1964, 1530 (e) VIK!.NG SMORGASBORD: Requesting permission to erect a non-conforming sign at 1425 East Lincoln Avenue~ On motion by Councilman Schutte, seconded by Councilman Krein, said sign permit was granted, subject to the provisions that existin9 arrows attached to building be removed, and that lighting be arranged so as not to illuminate the R-1 properties. MOTION CARRIED. ~ARIANCE N0,.~6%8 (REQLAS.SIF. ICAIIQNNO. 63,6~-74)~ - EXIENSION OF TIME: 'Request of Bill Wa Pebley, dated August 1, 1964, was submitted for six months extension of time for compliance with certain conditions of Variance No. 1618~ pursuant to Resolution No~ 64R-121. (Reclassification No. 63-64-74) · Six months extension of time from expiration date of Variance NoQ 1618 was granted by the City Council, on motion hy Councilman Krein, seconded hy Councilman Duttono Councilman Pehle¥ abstained from voting'on this motion. ~OTION CARRIED° RHC.LASSIFICAT!ON NO, ~9-60-115 - REVISHD PLA~S: Revised plot plan was submitted by Joseph C~ Whitman, in connection with Reclassification No° 59-60-115, together with recommendations of the City ~ngineer and Planning Department. Also submitted was request for clarification of Condition No° 5~ Resolution of Intent NCo 6210~ pertain%ng to drainage of subject property° Mro Whitman addressed the City Council requesting approval of the addition of a service station to uses previously approved under subject reclassification~ and advised ~hat proposed construction of said station at the northeast corner of Harbor Boulevard and Chapman Avenue has necessitated a revision of plans~ relocating buildings on subject property° He reported that upon approval of said revised plan~ necessary dedication for the widening of both streets will he made in accordance with Condition No° 2 of Resolution Nco 6210o Plans and the file were reviewed by the Councii~ and it was noted that none of the conditions of Reclassification No° 59-60-115 have been met° Councilman Schutte moved that revised plot plan be approved~ subject to performance of conditions of Reclassification No° 59-60-115~ and further subject to submission of final plans for any portion-of the develop- ment~ prior to issuance of a building permit~ and further moved that Condition No° 5 of Resolution No. 6210 be interpreted to include the follow- ing: "subject to the approval of the City Engineer°" Councilman Dutton seconded the motion° MOTION CARRIED° (Plan dated this date and signed by Mayor Chandler.) BUILDING PF~IT - KNOTT AVENU~ CHRISTIAN CHURCH (CONDITIONAL USE PERMIT NO° 622)5 Cormzunication dated August 11~ 1964, from Ray S. 3ones, Minister, KnOtt Ave- nue Christian Church, requesting permission to obtain a building permit and commence construction of a new sanctuary building, pending processing of Conditional Use Permit No° 622~ was submitted and read in full. Also sub- mitted and read was report from the Planning Department, noting that the existing church facility was established under an Orange County Conditional Permit, which did not include plans for the proposed construction. Assistant City Engineer Ralph Pease reported that dedication for street widening has been obtained~ Associate Planner Robert Mickelson noted the location of subject property on the sectional district map° On the recommendations of the City Attorney~ Councilman Dutton moved that the issuance of a building permit he authorized prior to action on Conditional Use Permit No. ~22~ subject to the approval h¥ the City Attorney of a letter to be filed by the Church, acknowledging they are pro- ceeding with development at their own riskl and further subject to the successful completion of Conditional Use Permit No. 622 prior to final building inspection~ Councilman Pebley seconded the motion. MOTION CARRIED. 8017 Hall. Anahei~,.Ca%i£ornia - COUNCIL ~INUTES - Auqu~t 18, !964..1:30 CALL FOR BIDS - PUBLIC IN~ROVE~NT PROJECTS: Councilman Dutton offered Resolu- tions Nos. 64R-609, 64R-610 and 64R-611 for adoption. Refer to Resolution Booka RHSOLUIION NO, 64R-609: A RESOLUIION OF THE CIIY COUNCIL OF THE CI/Y OF ANAHEI~ FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY RE- QUIRE THE CONSTRUCTION AND CONbOLETION OF A PUBLIC I~PROVF3~ENT, TO WI/: THE CONSTRUCTION OF A STOR~ DRAIN IN CERRITOS AVENUE~ FRO~ APPROXIMATELY 1158~71 FEET EAST OF ANAHEI~ BOULEVARD TO APPROXIMATELY 1049 FEET EAST OF ANAHEI~ BOULEVARD, IN THE CITY OF ANAHEI~ 30B NO. 897; APPROVING THE DESIGNS~ PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHOR- IZING THE CONSTRUCTION OF SAID PUBLIC IN~PROVE~ENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.~ AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION /~EREOF. (Bids to be opened September 10, 1964, 2:00 Po~o) RESOLUTION NO~ 64R-610: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEI~ FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY RE- QUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVE~ENT~ TO WIT: THE LINCOLN AVENUE ~EDIAN ISLAND RECONSTRUCTIO~APPROXI~ATELY 996 FEET WEST OF EUCLID STREET~ IN THE CITY OF ANAHEIM, JOB NO. 898; 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 NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF~ (Bids to be opened September 10, 1964, 2:00 RESOLUTION NO~ 64R-611: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY RE- QUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE BROOKHURST STREET SEWER IMPROVEMENT, FRC~ BALL ROAD TO APPROXIMATELY 918 FEET NORTH OF BALL ROAD, IN THE CITY OF ANAHEIM, JOB NO. 1302; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUC- TION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.~ AND AUTHORIZING AND DIR- ECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF~ (Bids to be opened September 10~ 1964, 2:00 Roll call vote on the foregoing resolutions: AYES: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. The ~ayor declared Resolutions Nos. 64R-609, 64R-610 and 64R-611 duly passed and adopted. RESOLUTION NO. 64R-6~2 - AWARD OF WORK ORDER NO, 6006: On the recommendations of the City Engineer~ Councilman Krein offered Resolution No. 64R-612 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~ ~ATERIALS 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: CONSTRUCTION AND INSTALLATION OF A WATER TRANSMISSION ~AIN, UNIT NO. 2-C, IN THE LA PALMA AVENUE EXTENSION, FROM RIVERSIDE FREEWAY TO WHITE STAR AVENUE, IN THE COUNTY OF ORANGE, WORK ORDER NO. 6006. (Go W. Galloway Coo and L. C. Christopher - $57,382.90) Roll call vote: AYES: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler. NOES: COUNCILMEN: None, ABSENT: COUNCILMEN: None° The Mayor declared Resolution No. 64R-612 duly passed and adopted. 8018 City Hall~ Anaheim. Calif.ornia- C~QUNC!L~ MINUTES- Auqust 18, 1964, 1,30 .P,M, R~OLUT!ON NO. 64R-613~ Councilman Dutton o£fered Resolution No. 64R-613 for adoption, Refer to Resolution Book, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE PURCHASE OF A CERTAIN PARCEL OF LAND AND ACCEPTING A DEED /HERETO. (.Bruggeman Property - Stadium) Roll call votes AYES c COUNGIL~EN~ Pebley, Dutton, Schutte, Krein and Chandler. NOES~ COUNCILMEN~ None. ABSENT~ COUNCIIJ~EN~ None. The Mayor declared Resolution No. 64R-613 duly passed and adopted. RE$oLuIION NOs 64R-614: Councilman Pebley offered Resolution No. 64R-614 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM A~ENDING RESOLUTION NOo 64R-605 RELATING TO THE PURCHASE OF A CERTAIN PARCEL OF PROPERTY° (Description - Reynolds Property) Roll call vote~ AYES: COUNCIL~EN~ Pebley, Dutton, Schutte, Krein and Chandler. NOES~ COUNCIIJ~EN: None. ABSENT: COUNCIL~EN~ None° The Mayor declared Resolution No. 64R-614 duly passed and adopted. RE~OLUT%QN..NO, 64R-615~ Councilman Krein offered Resolution Nco 64R-615 for adoption. Refer to Resolution Book. A RESOLUTION OP THE CITY COUNGIL OF THE CITY OF ANAHEIM APPROVING AND AUTH- ORIZING THE EXECUTION OF AN AGREFJ~ENT TO BE MADE AND ENTERED INTO WITH THE ATGHI$ON, TOPEKA AND SANTA PE RAILWAY CONLPANY FOR A LICENSE TO USE GHRTAIN LAND OF SAID RAILWAY COMPANY FOR ROADWAY PURPOSES. (Katella Avenue street widening ) Roll call vote~ AYES: COUNCILMEN~ Pebley, Dutton, Schutte, Krein and Chandler. NOES~ COUNCILMEN~ None. ABSENT~ COUNCILMEN~ None. The Mayor declared Resolution No. 64R-615 duly passed and adopted. RESOLUTION NO, 64R-6~6: Councilman Pebley offered Resolution No. 64R-616 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTH- ORIZING THE EXECUTION OF AN AGREF~ENI WITH BECHTEL CORPORATION WI/H REFER- ENCE TO ENGINEERING SERVICES IN CONNECTION WITH A LIGHTING SYSTEM FOR THE ANAHEIM ~UNICIPAL GOLF COURSE° Roi1 call vote~ AYES~ COUNCIL~EN~ Pebley, Dutton, Schutte, Krein and Chandler. NOES~ COUNCIL~EN~ None, ABSENT~ COUNCILMEN: None. The Mayor declared Resolution No. 64R-616 duly passed and adopted. CORRESPONDENC~I The following correspondence was ordered received and filed, on motion by Councilman Dutton~ seconded by Councilman Schutte~ 8019 City ~a.ll, Anaheim, Califqrnia -COUNCIL MINUTES - Auqust 18. 1964..lt.30 · - a, Feather River"Project Association Notice of BOard of Directors' Meeting Friday, August 28, 1964, at San Diego, Cali£orniao b. Letter from Kenneth Wollenweber opposing the baseball stadium. c. Financial and operating reports. MOTION CARRIED. ~EATHER RIVER PROJF~T ASSOCIATION: On report and recommendations of the Assistant City Manager, Councilman Krein moved that the City of Anaheim's membership in the Feather River Project Association not he renewed° Councilman Dutton seconded the motion° MOTION CARRIED° At the request of the City Clerk, Councilman Krein moved that she he authorized to remove materials pertaining to the Feather River Project Association from the active files, for possible destruction upon approval hy the City Attorney° Councilman Pebley seconded the motion. MOTION CARRIED° · ORDINANCE NO, 2024: Councilman Dutton offered Ordinance No~ 2024 for final reading° Refer to Ordinance Book° AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4~ CHAPTER 4'Q72, SECTION 4°720330 OF THE ANAHEIM MUNICIPAL CODE RELATING TO TAXICABS. (Drivers License) After hearing read in full the title of Ordinance Noo 2024 and having knowledge of the contents therein, Councilman Dutton moved the reading in full of said Ordinance be waived° Councilman Krein seconded the motion° MOTION UNANIMOUSLY CARRIED. Roll call vote: AYES: COUNCILMEN~ Pebley, Dutton, Schutte, Krein and Chandler, NOES~ COUNCILqEN~ None° ABSENT~ COUNCILMFJq: None. Mayor Chandler declared Ordinance No. 2024 duly passed and adopted° ORDINANCE NO~ 2025: Councilman Krein offered Ordinance No. 2025 for final reading° Refer to Ordinance Book° AN ORDINANCE OF THE CITY OF ANAHEIM ANtENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING° (59-60-39 - C-l) After hearing read in full the title of Ordinance No° 2025 and having knowledge of the contents therein, Councilman Dutton moved the reading in full of said Ordinance be waived° Councilman Krein seconded the motion° MOTION UNANIMOUSLY CARRIED° Roll call vote: AYES: COUNCILMEN: Pebley, Dutton~ Schutte, Krein and Chandler. NOES: COUNCILMEN: None° ABSENT: COUNCILMEN: None° Mayor Chandler declared Ordinance No. 2025 duly passed and adopted. QRDINANCE NOo 2026: Councilman Schutte offered Ordinance No. 2026 for final reading~ Refer to Ordinance Book° AN ORDINANCE OF THE CITY OF ANAHEIM A~ENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING° (Reclassifications Nos. 63-64-126 to 63-64-138~ both inclusive~ initiated by City Planning Commission),, 8020 City Ha. ll~ An.ah~im, California -COUNCIL MINtrr5$ - Auqust 18, 1964, 1:30 After hearing read in full the title of Ordinance NOo 2026 and having knowledge of the contents therein~ Councilman Dutton moved the reading in full of said Ordinance be waived. Councilman Krein seconded the motion° MOTION UNANIMOUSLY CARRIED. Roll call vote: AYES: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler. NOES: COUNCII~EN: None° ABSENT: COUNCII~EN: None. Mayor Chandler declared Ordinance No. 2026 duly passed and adopted. ORDI~E .NO, 2027: Councilman Pebley offered Ordinance No. 2027 for final reading° Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE P~LATING TO ZONING. (63-64-i4i - C-i) A£ter hearing read in full the title of Ordinance Nco 2027 and having knowledge of the contents therein, Councilman Dutton moved the reading in full of said Ordinance be waived. Councilman Krein seconded the motion° MOTION UNANIMOUSLY CARRIED° Roll call vote~ AYES: COUNCII~IEN: Pebley, Dutton, Schutte, Krein and Chandler. NOES: COUNCII~tEN: None. ABSENT: COUNCII~EN: None. Mayor Chandler declared Ordinance No. 2027 duly passed and adopte& ORDINANCE NO. 2029: Councilman Schutte offered Ordinance No. 2029 for first reading° AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL COD£ RELATING TO ZONING° (63-64-36 - R-3) After hearing read in full the title of Ordinance No. 2029 and having knowledge of the contents therein, Councilman Dutton moved the reading in full of said Ordinance be waived, Councilman Krein seconded the motion° MOTION UNANIMOUSLY CARRIED° ORDIN~E.NO~ 2030: Councilman Dutton offered Ordinance No. 2030 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM ANIENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING° (63-64-16 - R-3) After hearing read in full the title of Ordinance Nco 2030 and having knowledge of the contents therein, Councilman Dutton moved the reading in full of said Ordinance be waived. Councilman Krein seconded the motion° MOTION UNANIMOUSLY CARRIED° ORDINANCE .NO. 2031: Councilman Krein offered Ordinance No. 2031 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING° (63-64-42 - R-3) After hearing read in full the title of Ordinance No° 2031 and having knowledge of the contents therein, Councilman Dutton moved the reading in £ull of said Ordinance be waived° Councilman Krein seconded the motion. MOTION UNANIMOUSLY CARRIED° 8091 City Hall, Anaheim, California - COUNCIL MINUTES - Auqu~t ,18, 1964,.,!~30 P~M. ,,ALCOHOLIC BEVERAGE LICENSE APPLICATION~ Application submitted by Clara Rose Serrio for Person to Person Transfer and Exchange of On-Sale GeneraI lic- ense, for the Capri Lounge, 1728 South Euclid Street (C-2 Zone), was presented by the City Manager to the City Council for their information. No action was taken by the Council on said application. ALCOHOLIC BEVERAGE LICENSE APPLICATION: Application submitted by Dennis L. Jenan and Vernon G. Skate for New On-Sale Beer License for un-named busi- ness, 550 South Anaheim Boulevard (C-2 Zone), was presented by the City Manager to the City Council for their information. No protest was authorized on the foregoing application; however the City Attorney was authorized to advise the Alcoholic Beverage ContrOl Board of the condition of the building on subject property. CATERING SERVICE - BASEBALL STADIUM CONSTRUCTION PERIOD: Mr. Murdoch reported that thirty-four separate catering firms are currently licensed to do business in the City of Anaheim, and recommended bids be solicited from the eight firms, located within the city limits, for exclusive catering service on the stadium site during construction. He further advised that the catering servioe operation would be under the control of the stadium con- struction contrac%oro On motion by Councilman $chutte, seconded by Councilman Pebley, solicitation of proposals from all catering firms licensed to do business in the City of Anaheim was authorizeda MOTION CARRIED° ~.UTHERN CALIFORNIA EDISON COMPANY CONTRACTs Mr. Murdoch and Mr. Geisler briefly reviewed the past history and recent developments pertaining to the wholesale rates of electric power to the City of Anaheim and other resale cities furnished by the Southern California Edison Company. Mr. Murdoch referred to a possible appeal to the Federal PoWer Commission for rate reduction, considered by the Cities of Azusa, RiverSide and Anaheim. He explained that although the City of Anaheim is bound by a ten year contract, it was our feeling that we should be considered in any action taken on the part of the Public Utilities Commission or the Edison Company with respect to rates. In accordance with Council instructions, the City Attorney, City Manager and staff personnel met on several occasions with the representatives' of the Edison Company in an effort to work out a more equitable position in what the City considered an unfair situation, that a recent application of the Edison Company for rate reduction was approved by the Public Utilities Commis- sion~ however, the reduction would not apply to large manufacturer users, or retail 'cities, which are classified in a similar rate structure. Upon approval by the Public Utilities Commission of the reduced rate schedule, a resolution was prepared for Council action, requesting the Federal Power Commission to take up their jurisdictional responsibilities and establish an interim rate, which would be the rate established in 1954. The Zinder Report, pertaining to generation of power, was-briefly reviewed, and Mr. Murdoch explained that about the time this report was received, the Edison Company proposed to the Public Utilities Commission a new rate be established (A-8 and R-2 Schedule), which would reduce our rates. This application was approved by the Public Utilities Commission (1963), and upon this approval, the City of Anaheim entered a ten year contract, and received the benefit of the newly established R-2 Schedule. He further advised that this year, an additional rate reduction was made available~ however, it was not made available to the A-8 or R-2 customers, and the City of Anaheim took the position that this was unfair to resale cities bound by the ten year contract. As a result, the Edison Company has offered to change the contract rate by adding an additional two per cent voltage discount to the rate. 8022 .City [[all, Anal~eim~ Calt. forni.a .- COUNC. IL....M.I. NUTE$ .... Auqust 18, 19.64, 1.=30 P,M~ The~ various staff personnel of the three cities involved felt very strongly that a three per cent figure should he the least figure acceptable hy the three cities~ however, the City of Riverside this morning voted to accept the two per cent voltage discount offered hy the Edison Company, rather than request the Federal Power CoMmission to commence an investigation of rate schedulese ~' Mr. Murdoch advised that it was the opinion of the Anaheim staff personnel that the rate should he three per cent voltage discount, rather than two per cent, and further advised that the alternative would be to reject the offer and adopt the resolution previously under consideration by the City Gouncil, requesting the Federal Power Oommission to conduct rate investigations, and also requestin9 a refund back to 19~4, Discussion was held regarding possible litigation and the resulting time and expense involved, should the matter be taken to the Federal Power Commission, or should the ten year contract be terminated or set aside. Considered also was the City rate schedule to retail customers, and Mr. Murdoch reported that the current rate schedules are presently under study for a recommendation to the City Council at a later date for a possible adjustment in view of the most recent action of the Public Utilities Commission. Mayor Chandler, noting that in attendance at the meeting were the representatives of the Southern California Edison Company, thereupon invited them to present their analysis of the situation. (Edison Company representatives present: Tom McDaniel, Bill DreWry, Fred Schell, Tom Lacey, and John Bury.) Mro T. M. McDaniel, Jr., Executive Vice-President, advised of the rate reduction extended to the resale cities, which in their Judgment was a very fair adjustment. Further, it was their opinion that their position was a strong one, based on the original basis as negotiated through the California Public Utilities Commission. However, because they value the relationship of the various cities, they have made this additional two per cent offer, which they felt was as far as they could go, as they could not place the resale cities in a preferred position in relationship to their other customers. Mr. McDaniel stated that since we seemed to have reached a point of view where there is a total difference of opinion on the fairness and equity of the rate level, they would certainly have no objections if the city initiated a rate case before the Federal Power Commission~ however, they had hoped to avoid the time and trouble of a rate case, and this was what prompted them to come forth with an additional offer, even though the amount of savings authorized by the Public Utilities Commission has been fully distributed. He stated it was their opinion that the City might not necessarily obtain lower rates hy appealing to the Federal Power Commission, and the use of such refund claims as a threat of seeking rate reductions was improper. Mr. McDaniel thereupon requested that any action taken by the City Council at this time eliminate reference to retro-active jurisdiction or claim for refund. He further advised that if the City rejects the pro- posaI made hy the £dison Company, they would have no choice hut to withdraw the settlement offer. Mr. George Oelkers, Director of Public Utilities, agreed with statements made hy Mr. Murdoch and Mr. Geisler, and was of the opinion that the resale users should he on a parity at least equal to, or better than the industrial customers, and that the additional refunds available have omitted the resale purchasers. Mr. McDaniel reported that the rate level for the resale cities and the large industrial customer was the same, and further reported that the cost of service characteristics differed in each type of service, 8023 City Hall, Anaheim, California.- GObg~.IL MINUTES ,. AuGust 18, 1964.__1g30 At the request of Mayor Chandler, Mr. McDaniel explained ho~ the two per cent formula was derived, which he stated was a figure they believed could he justified before the Public Utilities Commission. In conclusion of the discussion, Mr. Murdoch stated that under the circumstances outlined, taking into consideration the action of the City of Riverside, it was his recommendation that the City of Anaheim accept the proposal of the Edison Company of the two per cent additional voltage discount. On motion by Councilman Dutton, seconded by Councilman Krein, proposal of the Southern California Edison Company of two per cent additional voltage discount was accepted, and the City Attorney requested to prepare necessary agreement to accomplish the transaction. MOTION CARRIED. Mr, Murdoch stated that every attempt would be made to work with the Edison Company to reach a better understanding of our problems and situations, so that rate problems and any other problems can he resolved to our mutual henefito He reported that in further negotiations, it might he advisable to have the various Councils meet and discuss their mutual situations before taking action° RESOLUTION NO, 64R-617.~ Councilman Kreln offered Resolution No. 64R-617 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Covington Brothers) Roll call vote: AYES~ COUNCILMEN: Pebley, Dutton, Schutte, Kretn and Chandler NOES~ CO~ILMEN~ None ABSENT~ COUNCILMEN~ None The Mayor declared Resolution No. 64R-617 duly passed and adopted, RF~ESS~ Councilman Krein moved to recess to 7~00 P.M. Councilman Dutton " ~econded the motion. MOTION CARRIED. (4~15 P.M.) r AFTER RECE~i Mayor Chandler called the meeting to order, PRESENTs COUNCI~N: Pebley, Dutton, Schutte, Kretn and Chandler. ABSENT~ COUNCI~EN~ None. PRESENT~' CITY MANAGER~ Keith Ao Murdoch. CITY ATTORNEYz Joseph Geisler. CITY CLERKs Dene M. Williams, CITY ENGINEERz James P, Maddox, ASSOCIATE PLANN~Rt Robert Mtckelson. ~.SALUTE~ Mayor Chandler led the Assembly in the Pledge of Allegiance to the Flag., ~LIC HEARING - CONDITIONAL U$E PERMIT NO., 595t Submitted by Robert L, Clark, requesting permission to establish a hofhrau with on-sale beer! property zoned C-1 and briefly described as located on the east side of Brookhurst Street, approximately 200 feet north of La Palma Avenue (1112 North Brookhurst Street). The City Planning Commission pursuant to Resolution No. 1272, Series 1964-65, denied Conditional Use Permit No. 595, Appeal from action taken by the City Planning Commission was filed hy Mr. Dominic Mangiardi, proposed operator of the business, and public hearing scheduled this date. 8024 Cttv Hall. Anaheim. Callfor,,,,n, ta "- Mr. Mickelson noted the location of subject property, the existing uses and zoning in the immediate area, briefing the evidence submitted to and considered hy the City Planning Commission. He advised that the basic concern of the Commission in their denial of the requested hofhrau was the existing density of traffic in the area, and the close proximity of the Tastee Freez Restaurant, a favorite meeting place of young people. The Mayor asked if the applicant wished to address the City Council, Mr. Robert clark, owner of subject property, called attention to the plans submitted, noting the design of the building and the screening wall planned, and the provision for additional parking on the east side of the building, being of the opinion that every effort had been made to cooperate with other businesses and nearby residents. In answer to Council questioning, Mr, Clark advised that the proposed hofhrau would occupy two store huiidings next to the existing Beauty Parlor, that all stores on the property have sufficient parking, and in his opinion, the proposed business would he the highest and best use of the property. held, Plans and the files were reviewed by the City Council and discussion The Mayor asked if anyone else wished to address the Council in favor of the conditional use permit, there being no response~ asked if anyone wished to offer opposition, Mr. Robert Bonsteel, 1203 North Groton Street, read a letter of opposition signed hy Charles and Lila Atherton, Mrs. Atherfon being the operator of the Beauty Shop on the premises. He advised that according to City Traffic Engineer, the Brookhurst Street and La Palma Avenue intersection has the third highest volume of traffic in the City of Anaheim° Mr° George Comroe~ 2303 West Rhodes Avenue, felt that the proposed hofbrau would be an undesirable addition to the neighborhood° Ntro Ben Bay, 2148 West Grayson Avenue, called attention to a letter of protest sent to the City Planning Commission from Mrs. 3ay~ and he expressed the fear that although the hofbrau might be established as a restaurant with on- sale beer, it could evolve into a beer bar° Contents of said letter from Mrs° Bay were briefed, and the Mayor asked if anyone else wished to address the Council in opposition to Condi- tional Use Permit No~ 595, there being no response, invited the applicant to address the Council in rebuttal° Mr. Clark advised that the only beer sold at the proposed hofbrau would be served in glasses and consumed on the premises~ Mro Dominic Mangiardi, 401 Atlanta, Huntington Beach, California, operator of the proposed establishment, advised of the procedures involved in obtaining an alcoholic beverage license for on-sale beer in a bonafide eating place, and the requirements which must be met, particularly emphasizing the fact that the kitchen must be staffed and able to serve food at any hour during which the hofbrau is open° He advised that his application for a license at subject location has been approved by the Alcoholic Beverage Control Board and the State of California. The Mayor declared the public hearing closed on Conditional Use Permit Nco 595. ~SQL~JTION: Councilman Schutte offered a resolution sustaining the action of the City Planning Commission, denying Conditional Use Permit Noo 595° The foregoing resolution failed to carry by the following vote: 8025 City Hall, Anaheim, California - COUBEIL MINUTES - Auqust 18, 1964, 1.:30 . , AYES: COUNCII~N: Schutte NOES: COUNCIL~EN~ Pebley, Dui%on, Krein and Chandler ABSENT: COUNCILNtEN: None (2) (3) ('4) (5) ~ESOLUTION NO. 64R-618: Councilman Dutton offered Resolution No. 64R-618 for adoption granting Conditional Use Permit No. 595 for on-Sale beer in conjunction with the serving of food, subject to the following conditions: (1) That the owners of subject property shall deed to the City of Anaheim a strip of land 60 feet in width, from the center line of the street, along Brookhurst Street for street widening purposes. That the owners of subject property shall pay to the City of Anaheim the sum of $2°00 per front foot along Brookhurst Street for street lighting purposes. That Condition Nos° 1 and 2 above mentioned, shall be complied with within a period of 180 days from date hereof, or such further time as the City Council may grant. That trash storage areas shall be provided in accordance.with approved Plans on file with the office of the Director of Public Works. That subject property shall be developed substantially in accordance with plans and specifications on file with the City'of Anaheim, marked Exhibit Nos° 1 and 2° Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PER~IT NO~ 595~ Roll call vote: AYES: COUNCILMHN: Pebley, Dutton, Krein and Chandler NOES: COUNCILMEN: Schutte ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 64R-618 duly passed and adopted.. PUBLIG HEARING - RECLASSIFICATION NO. 64-65-5: Submitted by Pete and Ella Hiltscher, requesting change of zone from R-A to R-3; property located approximately 297 feet north of La Palma Avenue and approximately 362 feet east of West Street. The City Planning Commission pursuant to Resolution No. 1273, Series 1964-65, recommended Reclassification No. 64-65-5 for approval, subject to the following conditions: 1. That the owners of subject property shall deed to the City of Anaheim a strip of land 60 feet wide as shown on Exhibit No. I and extending to La Palma Avenue. 2. That street improvement plans shall be prepared and all engineering requirements of the City of Anaheim along Leisure Court, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be completed as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; or that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of said engineering requirements. 3. That the owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Leisure Court, for street lighting purposes, or install a street 1ich±in9 system in accordance to a street lightin9 plan approved by the Director of Public Utilities. 4. That the owners of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Leisure Court, for tree planting purposes, 5, That Condition Nos, 1, 2, 3, and 4, above mentioned, shall be complied with within a period of 180 days from date hereof, or such further time as the City Council may grant. 6. That trash storage areas shall he provided in accordance with approved plans on file with the office of the Director of Public Works. 8026 City Hail. Anaheim, California - COUNC..IL MINUIES - AuquLst 18, !964, 1,30. Po.M~ ._ 7. That fire hydrants Shall be installed as required and determined to be necessary hy the Chief of the Fire Department. 8. That Condition Nos° 6 and 7, above mentioned, shall he complied with prior to final building inspection. That the owners o{ subject property shall pay to the City o{ Anaheim the sum of $25.00 per dwelling unit to he used for park and recreation purposes, said amount to he paid at the time the building permit is issued, 10. That the subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1 and 2, The Mayor asked if anyone wished to address the City Council in opposition to the proposed rezonin9, there being no response, asked if the applicant wished to address the Council. ~{ro Lynn Thomsen, 420 South Euclid Street, Authorized Agent for the petitioner, advised that for access, a new 60 foot north-south street with cul-de-sac was proposed to extend northerly from La Palma Avenue along the west boundary of subject property. That Mr. Hiltscher, Owner, has agreed to dedicate said property {or street purposes, and the Developer of the pro- posed R-3 will install the improvements° Mr° Thomsen was invited to the Council Table for review of plans. Mr. Mickelson noted the location of subject property and the pro- posed access street. The Mayor declared the public hearing closed on Reclassification No. 64-65-5~ ~SOLUTION NO, 64R-61~.: Councilman Schutte offered Resolution No. 64R-619 for adoption, authorizing preparation of necessary ordinance, changing the zone as requested, subject to the recommendations of the City Planning Commission, amending Conditions Nos~ 1~ 2, 3, and 4 as follows; Condition No~ 1 to read, "'That the owners of subject property shall deed, or cause to he deeded, to the City of Anaheim a strip of land 60 feet wide as shown on Exhibit Nco 1 and extending to La Palma Avenue°" Conditions Nos° 2, 3 and 4., in each condition after the words "'Leisure Court" insert "extending southerly to La Palma Avenue". Refer to Resolution Book. A RESOLUT '[' ON OF THE CZTY COUI~TL OF THE CTTY OF ANAHEZM FTNDTNG AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATZNG TO ZONZNG SHOULD BE AMENDED AND THAT THE BOUNDARTES OF CERTATN ZONES SHOULD BE CHANGED. Roll call vote: AYES: COUNCII3AEN: Pebley, Dutton, Schutte, Kretn and Chandler NOES: CO~ILMEN: None ABSENT, COUSI3ILMEN: None The Mayor declared Resolution No. 64R-619 duly passed and adopted. PUB~!~ HEARING$~ Mayor Chandler declared Public Hearing opened on the following zoning applications initiated by the Anaheim City Planning Commission for the purpose of establishing appropriate zoning to conform with existing uses on subject properties. The Mayor reported that the City Council had reviewed Subject zoning applications and were familiar with said applications and City Planning Commission recommendations pertaining thereto, and thereupon asked if anyone present wished to address the Council in opposition to the matters scheduled for public hearing at this time, there being no response, declared the public hearings closed on the following lssuess 8027 Git. Hall. Anahei~,,,,.,Gali,~ornla - GO. IL MINUIE$,- Auqust ~LAS~,!FIGA!I,gN NO,, ,6~,-65-6 AND CONDITIONAL USE P~I,! NO,, ~01~ The_City Planning Commission pursuant to Resolution No. 1258, Series 1964-65, re- commended reclassification from C-3 to C-i~ and pursuant to Resolution No. 1259~ Series 1964-65~ granted Conditional Use Permit No. 601 to permit operation of an existing service station within 75 feet of residential property briefly described as located at the northwest corner of Lincoln Avenue and Dale Street. R~SOLUTION N~,, 64R?~0' Councilman Krein offered Resolution No. 64R-620 for adoption, authorizing preparation of necessary ordinance changing the zone as recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANG~Do (64-65-6 - C-l) Roll call vote~ AYES~ COUNCI~N~ Pebley, Dutton, Schutte, Krein and Chandler NOES~ COUNCIIN~N: None ABSENT~ COUNCI/3AEN~ None The Mayor declared Resolution No. 64R-620 duly passed and adopted,. RESOLUTION NO~ 6~Rr62,1.~ Councilman Krein offered Resolution No. 64R-621 for adoption. Refer to Resolution Book° A RESOLUTION OF THE CITY CO, IL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 601o Roll call vote~ AYES~ COUNCI/3~EN~ Pebley, Dutton, Schu±te, Krein and Chandler NOES: COUNCILMEN ~ None ABSENT ~ COUNC I~N. None The Mayor declared Resolution No. 64R-621 duly passed and adoPted, ~,,~$~FIC~TION NO,, 64,-65-7 ,A.ND CONDITIONAL USE, ~E.RMIT,~Q, ,602~ Property briefly described as located at the southwest corner of Lincoln Avenue and Magnolia Streeto The City Planning Commission pursuant to Resolution No. 1260, Series 1964-65, recommended Reclassification No. 64-65-7 for approval~ R-A to C-l~ and pursuant to Resolution No. 1261~ Series 1964-65~ granted Conditional Use Permit No~ 602, permitting operation of existing service station within 75 feet of R-A zoned property~ RESOLUTION NQ, ..6.4Rv622-' Councilman Krein offered Resolution No. 64R-622 for adoption~ authorizing preparation of necessary ordinance changing the zone to C-l, as requested. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF /HE ANAHEIM MUNICIPAL CODE R~LATING TO ZONING SHOULD BE AN~NDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BH CHANGED. ( 6~-65-7 - C-1 ) Roll call vote: AYES~ COUNCILMHN~ Pebley, Dutton, Schutte, Krein and Chandler NOE$~ COUNCILMEN~ None ABSEN/~ COUNCI~N~ None The Mayor declared Reeolution No, 64R-622 duly passed and adopted. 8028 .Hall., Anaheim. C.a...~.ifgrnia -cO~IL .MINUTEs - Auqu§t ..,18, 1.9.~4., .!.,30. P~M, ~$OL~ION NO. 6~R.r623~ Councilman Kretn offered Resolution No, 64R-623 for adoption. Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL U$5 PER~IT NO. 602. Roll call vote: AYES~ COUNCILMENz Peble¥, Dutton, Schutte, Krein and Chandler NOES~ GOLrNGI~N~ None ABSENTs COUNCII~N~ None The Mayor declared Resolution No. 64R-623 duly passed and adoPted, RECLASSIFICA~IQN NO,~ ~4,-65,-8~ R-A property briefly described as located approximately 190 feet south of Lincoln Avenue and 343 feet east of Magnolia Street (2566 West Lincoln Avenue)° The City Plannlng Commission pursuant to Resolution No, 1262, Series 196~-65~ recommended reclassification from R-A to C-1. ~...$O~.~ION NO. 64R-624: Councilman Krein offered Resolution No. 64R-624 for adoption~ authorizing preparation of necessary ordinance changing the zone to C-l, as recommended° Refer to Resolution Book~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM M~ICIPAL CODE RELATING TO ZONING SHOULD BE A~ENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (6~-65-8 - C- 1 ) Roll call vote~ AYESz COUNCILMEN~ Pebley, Dutton, Schutte, Krein,and Chandler NOE$~ COUNCILMEN: None ABSENT: COUNCILMEN~ None The Mayor declared Resolution No. 6~R-62~ duly passed and adopted. YARIAN~ES Nos~ 853.A.~' ~062~ The City Planning Commission pursuant to Resolution No. 1279, Series 1964-65, terminated Variance No. 853, which allowed the use of existing house for general insurance office and residence! and further terminated Variance No. 1062, which allowed the use of a house as accordion school and residence; property located on the south side of Lincoln Avenue between Magnolia and Gilbert Streets (2566 West Lincoln Avenue - Reclassification No~ 64-65-8). On motion by Councilman Krein, seconded by Councilman Pebley, the City Council sustained the action taken hy the City Planning Commission. MOTION CARRIED. ~LA~IFICATION .NO, 64-$5-9: R-A property located on the south side of LincOln Avenue approximately 419 feet east of Magnolia Avenue (2560 West Lincoln Avenue). The City Planning Commission pursuant to Resolution No. 1263, Series 1964-65, recommended reclassification from R-A to C-I, to establish a real estate office as a conforming use. RI~$OLUTION NO. ~4.R-625~ Councilman Krein offered Resolution Noo 64R-625 for adoption, authorizing preparation of necessary ordinance changing the zone as recommended. Refer to Resolution Book. 8029 C,)ty Hall~ Anaheim, Cal.ifornia i-CQUN~IL MINUTES -.AuQu.s.t 18, .1964, ls301P°mM~. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONE~ SHOULD BE CHANGED. (64-65-9 - C- 1) Roll call vote~ AYES~ COUNCILMEN~ Pebley, Dutton, Schutte, Krein and Chandler NOES~ CO~ILMRN~ None ABS~NT~ COUNCILMENI None The Mayor declared Resolution No, 64R-625 for adoption. VARI,ANC,E NO~ 9493 The City Planning Commission pursuant to Resolution No. 1280~ Series 1964-65~ terminated Variance No, 949~ which allowed a real estate office in an existing dwellingl property briefly described as located on the south side of Lincoln Avenue between Gilbert and Magnolia Streets (2560 West Lincoln Avenue - Reclassification No, 64-65-9). On motion by Councilman Krein, seconded by Councilman Pebley, the City Council sustained the action taken hy the City Planning Commission,.- MOTION CARRIED° REO.~LASSI.F.!GATION NO, 6~-65-I.0, C-3 property located at the northeast corner of Magnolia Street and Broadway° The City Planning Commission pursuant to their Resolution Nco 1264, Series 1964-65, recommended reclassification from C-3 to C-lo RESOLUTION NO. 64R-6.25~ Councilman Krein offered Resolution No. 64R-626 for adoption, authorizing preparation of necessary ordinance changing the zone as recommendedo Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE ANtENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (6~-65-10 - C- 1 ) Roll call vote~ AYES~ COUNCILMEN~ Pebley, Dutton, Schutte, Krein and Chandler NOES~ COUNCI~N~ None ABSENT~ COUNCILMEN~ None The Mayor declared Resolution No, 64R-626 duly passed and adopted. .P~C~SSIP~ATION..NO~ 64-65-Ii1~ C-3 property located at the southeast corner of Magnolia Street and Broadway. The City Planning Commission pursuant to-' Resolution No. 1265, Series 1964-65, recommended reclassification from C-3 to C-I. RE$OL.UTIONiNO~ 64R-62.~;.' Councilman Krein offered Resolution No. 64R-627 for adoption, authorizing preparation of necessary ordinance changing the zone as recommended° , Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DF-TERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING IO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (64-65-11 - C- 1) Roll call vote: AYES: COUNCILMEN~ Pebley, Dutton, Schutte, Krein and Chandler NOES~ COUNCILMEN~ None ABSENT~COUNCILMEN~ None The Mayor declared Resolution NO, 64R-627 duly passed and adopted, 803O City. Hall. Anaheim. C.~li.forpta. -.C.O.UNCI. L. M. IN. UTES- Au9upt 18, 1.9. ,.64 1;30 .P~M.~_ RB~..~ ~F..[CATIpN NOo.. ~4-.6~-~ AND CO~DITIQNA~ uSE PER~IT .NO. ~03~ C-3 _ property located at the southwest corner of Magnolia Street and BroadWay. The City Planning Commission pursuant to their Resolution No. 1266~ Series 1964-65, recommended Reclassification No. 64-65-12 for approval, C-1 zone~ and pursuant to Resolution Noo 1267, Series 1964-65~ granted Conditional Use Permit Noo 603, permitting the existing service station as a conforming use in the C-1 zone, within 75 feet of single family residence on subject property. ~SO~.b~..ION NO.. 64.~-62.8~ Councilman Krein offered Resolution No. 64R-628 for adoption, authorizing preparation of necessary ordinance changing the zone as recommended. Refer to Resolution Book~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND D]~TERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RF_LATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (64-65-12 - C- 1) Roll call vote~ AYES~ COUNCILMEN~ Pebley, Dutton, Schutte, Krein and Chandler NOES~ COUNCILMEN: None ABSENT~ GOUNGI~N~ None The Mayor declared Resolution Noo 64R-628 duly passed and adopted. R~...SOLL~.IQN NO. 64R-6~ Councilman Krein offered Resolution Noo 64R-629 for adoption° Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PHRMIT NO. 603~ Roll call vote: A.YES~ COUNCiL~EN~ Pebley, Dutton, Schutte, Krein and Chandler NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 64R-629 duly passed and adopted. .PUBLIC ~[E~RING - GENERAL PLAN AMENDMENT NO, 28 (CONDITIONAL USE PERMIT NO. 596: ELASSIFICATIO~ NO~ 62-63-131 AND CONDITIONAL USE PERMITS NOS. 440 AND ~]J: Property located ~pproximately 660 feet north and south of Orangewood Avenue, extending approximately 1300 ~eet easterly of Harbor Boulevard. Filed in conjunction with Conditional Use Permit No. 596, granted by the City Planning Commission pursuant to Re~olution No. 1276 Series 196~-65, and no further action taken by the City Council August 11, 196~o The City Planning Commission pursuant to Resolution Noo 1257, Series 196~-65, recommended approval of General Plan Amendment No. 28, Exhibit "A". The City Planning Commission pursuant to Resolution No. 1282, Series 1964-65, recommended termination of Reclassification No. 62-63-131, and Conditional Use Permits Nos. 440 and 441, based on the premise that Conditional Use Permit Noo 596 nullifies the use of subject property, as granted under said applications. Mro Mickelson noted the location of subject property and the existin9 uses and zoning in the immediate area° He called attention to Exhibits A, B and C of General Plan Amendment No. 28, posted on the west wall of the Council Chamber. The Mayor asked if anyone wished to address the City Council for or against the proposed amendment to the General Plan~ there being no response~ declared the public hearing closed° 8031 City Hall,, Anaheim, California - COUNCIL ,M,,INUTR,$ ~$.,o,,LLr~,ION NO.,, ,6.4R,-6,39~ Councilman Dutton offered Resolution No' 64R-630 for adoption, approving General Plan Amendment No. 28. Exhibit "A". Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL SF THE CITY OF ANAHEIM APPROVING ~N ANtHND~ TO THE GENERAL PLAN DESIGNATED AS A~ENDMHNT NO. 28. (62-63-131 - Conditional Use Permit No~ 596) Roll call vote~ AYES: COUNC!~N: Pebley, Dutton, Schutte, Krein and Chandler NOES: COUNCILMEN: None ABSEhrI~ GOUNCIINJSNz None The Mayor declared Resolution No. 64R-630 duly passed and adopted. ,Re¢~,a,~,,~,,,i,f,i,¢at, ign, No~ ,62,-~3,13!; The City Planning Commission's recommendation pertaining to termination of Reclassification No. 62-63-131 was not acted upon, it being determined that said reclassification was final, with the adoption of Ordinance No. 1949, and that reversion to R-A zoning would require necessary public hearing before the City Planning Commission and City Council. ,RESOLUTION N0,~ 6~R-631,: Councilman Dutton offered Resolution No. 6dR-631 for adoption, declaring Conditional Use Permit No. 440 null and void, Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF IHS CITY OF ANAHEIM TERMINATINGALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 440 AND DECLARING RESOLUTION NOo 63R-730 NULL AND VOID. Roll call vote~ AYES~ COUNCII~N, Pebley, Dutton, Schutte, Krein and Chandler NOESz COUNCILMEN: None ABSENT~ COUNCII24ENz None The Mayor declared Resolution No. 64R-631 duly passed and adopted, ' RI~SOLUTION NO,, 64R-632: Councilman Dutton offered Resolution No. 64R-632 for adoption, declaring Conditional'Use Permit No. ~1 null and void,, Refer to Resolution Booke A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANkHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 441 AND DECLARING RESOLUTION NO. 63R-731 NULL AND VOID. Roll call vote: AYES~ COUNCILMENz Pehley, Dutton, Schutte, Krein and Chandler NOES~ COUNCILM~N~ None ABSENT: COUNCILN~N~ None The Mayor declared Resolution No. 64R-632 duly passed and adopted. PUBLIC HEARING - GENERAL PLAN ~ENDN~Nrr NO, 29 (CONDITIONAL USE PERMIT NO~ 598): Property located on the south side of La Palma Avenue~ on the east and west side of Magnolia Street° Filed in conjunction with Conditional Use Permit No. 598, ~ranted by the City Planning Commission pursuant to Re- solution No. 1270, Series 196d-65, and no further action taken by the City Council August 11~ 19640 The City Planning Commission pursuant to Resolution No. 1271, Series 1964-65, recommended General Plan Amendment No. 29 be approved in accordance with Exhibit "A"'. 8032 Ct_tv Hall~. A~ahe~mm C.al.i. fornIa - CouNcIL M.!NUT~$ - A.uqu~t 18, 1964, 1.130 __ Mr. Mtckelson noted the location of subject property and the existing uses and zoning in the immediate area. The Mayor asked if anyone wished to address the Council for or against the proposed amendment to the General Plan, there being no response, decIared the public hearing closed, P~ESOL~ION NQ~.. 6~R-633z Councilman Pebley offered Resolution No. 64R-633 for adoption, approving General Plan Amendment No. 29, Exhibit "A". Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMEND~{EN-f TO IHE GENERAL PLAN DESIGNAIED AS AMENDMEN/ NO. 29. (Conditional Use Permit No. 598 - Reclassification No. 55-56-29) Roll call votes AYESz COUNCIIJAENz Pebley, Dutton, Schutte, Kretn and Chandler NOES= COUNCIL~N, None ABSENTz COUNCILMEN= None The Mayor declared Resolution Noo 64R-633 duly passed and adopted. ~LAS~IFICATIONNO~ 62-63~35~AND..QONDITIONAL USE P~RMIT NOi. i313 (TRACT NQ,I ~4103), Mr. Geisler, City Attorney, brought before the City Council the matter of two-story development in Tract No. 5403, located on the west side of Knott Avenue approximately 648 feet south of Lincoln Avenue. He reported that an objection to the construction of two-story, R-3 dwellings within 150 feet of an R-1 tract was brought before the City Council at the last meeting, as result, his office ordered the construction stopped until sufficient investigation could be made of the matter. Although the matter was held over to September 1, he was prepared at this time to make a report° Mro Geisler submitted the plans presented in the combined application of Reclassification Noo 62-63-35 and Condition Use Permit No. 313, and reported that this conditional use permit was granted hy the City Planning Commission and City Council basically without reservation. The Reclassification however, specified that the development shall he in accordance with plans marked "Revision No. 1, Hxhihits Nos. 1, 2, 3 and a". Subsequent to this time, the property transferred ownership and a subdivision tract map was filed and modification of plans marked "Revision No. 2" was approved on the basis that the development could proceed either as a sub- division or a planned residential development. Mro Geisler called attention to the plans marked "Revision No. 2" noting that the number of units were reduced and a street was installed° He advised that apparently these plans were reviewed on the basis of the Conditional Use Permit without qualifications, and recommended to the City Council as a better plan for the area to which the City Council concurred. As a consequence, building permits were issued and the development is presently under construction. Mr. Geisler stated that at the time of the hearing on the Reclassi- fication, it was heard and understood hy all parties that the two-story development within 150 feet of the R-1 subdivision to the west, located within the City of Buena Park, would he prohibited in accordance with plans then approved~ however, the present developer, looking strictly on the basis of the actions taken, was not aware of these conditions. In conclusion Mro Geisler advised that considering the circumstances, the documents and actions taken hy the City Council, in his opinion, the City would be estopped in asserting any illegality on the part of the developer, Application files and plans referred to, were reviewed by the City Council. 8033 Cit.¥. Hal!, ADah.eim', Ca~i.forni8 -..c...O. UNC.!L. MIN.~U!,E.$.- Auaust 1.8. 1,30P.M., The Mayor asked if anyone from the area to the west wished to address the Council. Mr. Robert Sheer, 6873 Via Norte Circle, Buena Park, called' attention to a letter he sent to each member of the City Council, City Manager and City Attorney, dated August 14, 1964, setting forth objections to the two-story development within subject 150 feet, creating an invasion of privacy to him and his neighbors. He reported that the strip of land at the rear of his property was within the City of Anaheim and that taxes thereon were paid to the City of Anaheim and under the circumstances, was of the opinion that the protection of the 150 foot limitation afforded and assured hy the City of Anaheim, should he maintained~ He reported further that the change in plans was without his knowledge, and in his opinion, they were being discriminated against~ Mayor Chandler advised that the problem before the City Council was a matter of an honest mistake, and that according to his own personal knowledge of each member of the City Council as individuals, they neither take an action underhanded nor discriminate against anyone° Mr. Sheer stated he felt the developer was the one who had made the mistake and not the City Council, in not being aware of the requirements pertaining to subject property, and in not checking into the matter more thoroughly~ Mr~ Marvin Warren, Attorney representing Mr. and Mrs= Anderson, residents on Via Norte Circle, addressed the Council advising that in his opinion there was no implication of an estoppel, inasmuch as it was an illegal matter from the hegining, and as such the City has recourse. In noting the inequities involved, he stated that the hardship weights more heavily on the homeowners to the west. Mr~ Warren referred to Section 18.04o130 of the Anaheim Municipal Code, with reference to the 150 foot limitation, and advised that the two-story construction was within 30 feet of the residential properties and according to his interpretation this would create a special privilege and would be discriminatory to those parties living on the boundary line of the Cities of Buena Park and Anaheim. Mr. Geisler briefed Section 18~64o070 of the Anaheim Municipal Coder and reported that the variance referred to was specifically set forth in the granting of the conditional use permit. Further, on the doctrine of estoppel, there was no intentional act to mislead or take action contrary to other actions taken~ Mr~ Warren again called attention to the hardship created to the homeowners and suggested some modifications be made~. Mrw John Vincent, Attorney representing the owner and applicant of subject property, reported on the status of.development and advised that his client acquired the property in April of this year, and after an examination of the records, believed the property to he properly zoned and the conditional use permit valid to permit the construction proposed. Regarding the hardship factor, Mr. Vincent advised had they known there was supposed to have been a one-story height limltation within the 150 feet to the west, the units probably would have been redesigned to provide for six units a floor instead of four units a floor in each building. Regarding the invasion of privacy~ Mr. Vincent advised that all units are designed to face onto a patiol the back of these units would he towards the propert~ reducing considerably the probability of invasion of privacyl further, in checking with the City of Buena Park, provisions of Ordinance 34-66 imposes a 50 foot setback for a two-story construction. Under these conditions, if subject property was within the limits of the City of Buena Park there would have been very little more distance between the two-story and one-story structures than they now have. 8034 City Hall. Anaheim. Ca[i[.ornia - ..CO. IL, MI .N~E$ - Auqu~}t 18. I964..!{.30 P,A4e Mr. John Wyckoff, 6873 Via Media Circle, BUena Park, addressed the Council in opposition to the two-Story construction and advised that he purchased t~e 33 foot strip of land which is within the City of Anaheim, and has constructed an addition to his home which extends into the 33 foot strip~ further, according to their understanding this matter was to have been discussed September 1st, and a number of residents in their area planned to appear. In his opinion the two-story units will devaluate the homes in the area. Mro Wyckoff thereupon requested the City Council to make a visual inspection of the development and the surrounding area, and postpone decision on this matter to September lsto · Discussion was held in an attempt to determine if additional pro- tections might he made pos~ihie, such as screening the second fIoor windows etco Mro David Maddox, 111 North Western Avenue, Anaheim, Developer, reported on the physical plans of the building, stating that hacking up to the property at the rear will he high bedroom windows and dinette windows{ that adding further to the problem of possible redesign there were inside stairwells, howeVer, study and consideration will be given to any suggestions that are within reasono Mro Maddox advised that they acted in good faith, not wanting to hurt either their neighbors or the City of Anaheim° He referred to other projects in Orange County developed by them, where the developments were an asset to the area increasing rather than decreasing valuations. He thereupon .advised that they would cooperate in every way possible and believed that ~his record with the City of Anaheim will indicate his willingness to do so, At the conclusion of the discussion, Councilman Krein moved that the stop order (red tags) he removed at once, and that building he allowed to proceed according to the plans° Councilman Dutton seconded the motion. MOTION CARRIED° ADJOURNMENT: Councilman Krein moved to adjourn to August 24, 1964, 9:00 AOMo, ~-and also moved waiver of further notice of said adjournment.. Councilman Pehley seconded the motion° NOTION CARRIED. ADJOURNED: 9: 4 5 P o M o ~City Clerk City Hall, ;~nahe%m, California - COUNCIL MINUIES .- Auqust 24, 1964., 9:00 A..M, session,, The City Council of the City of Anaheim met in adjourned regular PRESENT: COUAK3IIJV~N: Pebley, Schutte and Kreino ABSENT: COUNCI~N: Dutton and Chandler° PRESENT: CITY MANAGER: Keith A. Murdocha CITY ATTORNEY: Joseph Geisler.. ASSISTANT CITY ATTORNEY: John Dawson. DEPUTY CITY CI~RK: Aloha Mo Farrenso The Deputy City Clerk called the adjourned regular meeting to order, and called for the first item of business. There was no response. ADJOUR}U4RNT$ Councilman Krein moved to adjourn. Councilman Pebley seconded the motion, NOTION CARRIED° ADJOURNED: 9:05 A.M. Deputy City Clerk