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1964/09/088057 ¢it¥ Hall, Anaheim, California - COUNCIL MINUTES - September 8, 1964, 1:30 The City Council of the City of Anaheim met in regular session, PRESENT: COUNCILMEN: ABSENT: PRESENT: Pebley, Schutte, Krein and Dutton, COUNCIL~N: Chandler. ASSISTANT CITY MANAG£R: Robert A. Davis. CITY ATTORNq~Y: Joseph Geisler. CITY CL~RK: Dens M. Williams. CITY ENGIN££R: 3ames P. Maddox. ASSOCIATE PLANNER: Robert Mickelson. Mayor Pro Tem Dutton called the meeting to order. pI~ESENTATION: ~ro Joe Hurst, of Hurst Jewelers, presented the City Council and Officials with the gold pens, used hy them in signing of the contract between the City of Anaheim and the Golden West Baseball Co. (Angels). The pens were handsomely mounted on a black desk set, con~:aining a smelt plaque, commemorating the date and event, Mayor Pro Tem Dutton thanked Mr, Hurst on behalf of the. City of Anaheim for his thoughtful gift, MINUTE$~ On motion by Councilman Krein, seconded by Councilman Schutte, minutes of the Anaheim City Council meetings held August 6, 8, 1I and 14, 1964, were approved. MOTION CARRIED. .R6E.SOLUTION NO. 64R-655: Councilman Krein offered Resolution No. 64R-655 for adoption. Refer to Resolution Book. A RHSOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHHIM APPROVING AND DIRBCTING TH~'PAY~NT OF DEMANDS AGAINST THE CITY AS OF SEPTEMBER 8, 1964. (Warrants No. 33,971 to 34,278, both inclusive, totaling $1,180,537.22) Roll call vote: AYES: COUNCIL~N: NOES: COUNCIL~N: ABSENT: COUNCILM~N: Peb!ey, Schutte, Krein and Dutton None Chandler The Mayor Pro Tem declared Resolution No. 64R-655 duly pa~sed and adopted. R$$OLUTION .NO. $4R-$5~: Councilman Krein offered Resolution No.: 64R-656 for adoption. Refer to Resolution Book. A R~SOLUIION OF THH CITY COUNCIL OF THE CITY OF ANA~IM APPROVING AND AUTHORIZING THE EXP. GUTION Of A CONTRACT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR RHDtISTION IN EI~CTRIC RATES AND FOR SETTI~M~NT OF CLAIMS. Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Pebley, Schutte, Krein and Dutton None Chandler The Mayor Pro Tem declared Resolution No. 64R-656 duly passed and adopted. PROPOSED ABA.NDONMENT - GUM ROAD: Public hearing on proposed abandonment of a portion of Gum Road and easement for road purposes, was held June 9, 1964, at which time the hearing was close~ and action continued to July 28, 1964, and further continued to this date. Location{ South of Katella Avenue, east of Euclid Street, at the easterly boundary of Tentative Tract No. 5489. 8058 Git~ .H~.ll.., Anaheim, Ga.lifornia - GoLrllClL MINUTE8 , September 8, 1964,..1;30 P.M. On the recommendations of the City Engineer and City Attorney, Councilman Kzein moved that Council action on proposed abandord~ent of Gum Road be continued, to be determined concurrently with final map of Tract No. 5489, or in six months (March 2, 1965), whichever occurs first, Council- man Schutte seconded the motion. MOTION GARRIED. RHqUE~ -.PARK~.NG LOT ~A.LE~ Communication dated August 18, 1964 from R. C. Peplin, Manager, Lin-Brook Carpets, requesting permission to use the northeast portion of their parking lot for a carpet and rug sale September 19 through 28, 1964, was submitted together with plot plan, and report from the Planning Department, On motion by Council Pehley, seconded by Councilman Schutte, per- mission to conduct carpet and rug sale was granted, as requested, MOTION CARRIED. RF~LA~IFIGATION NO, $3-64-77 AND CONDI!.IONAL U~E PF. RM!T NO. :532~ Communication dated August 27, 1964, from 3. H, Hedrick and Company, representing the owners of property located at the southwest corner of Crescent Avenue and Gilbert Street, was submitted requesting permission to post a two year bond, rather than a six month bond, for engineering improvements required under Reclassification No. 63-64-77 and Conditional Use Permit No. 532. Also submitted were reports from the City Engineer. and Planning Department. On motion by Councilman Schutte, seconded by Councilman Krein, request to post a two year Engineering Improvement Bond was granted. MOTION CARRIED. CITy R~N~G ~O~MI$$ION ITF~ Actions taken by the City Planning Commission at their meeting held August 17, 1964, pertaining to the following applications, were submitted for City Council information and considerationt GQNDII~ONAL USE PERMIT NO. 607~ Submitted by Empire Financial Corporation, requesting permission to establish a private recreation area on Lot 1, Tentative Tract No. 4230; R-A property located on the south side of Lincoln Avenue approximately 660 feet west of the centerline of Beach Boulevard. Granted, pursuant to City Planning Commission Resolution No. 1301, Series 1964-65, subject to conditions. ~.OI~.IIIONAL USE PERMIT NO. 609~ Submitted by Marcus A. Gartner, requesting PermiSSion to expand existing used car lot, C-2 property located on the west side of Harbor Boulevard, approximately 352 feet north of Romneya Drive (I233 North Harbor Boulevard). Granted, subject to conditions, pursuant to City Planning Commission's Resolution No. 1298, Series 1964-65. GONDIT.IONAL U$E PERMIT NO..615~ Submitted by Lee Symonds, Edwin and Elizabeth Kettle, requesting permission to expand small equipment rental, sales yard and repair service facilities~ C-1 and R-2 property located on the south side of Limcoln Avenue, approximately 806 feet east of East Street, Granted, subject to conditions, pursuant to City Planning Commission's Resolution No. 1307, Series 1964-65. ~AR~!GE NO. 1655~ Submitted by Tillman and Mary Lou Brown, requesting permission to erect a 6-foot block wall within the required side yard of R-1 property, located at the southwest corner of Coronet Drive and Siesta Street (2256 Coronet Drive). Granted, subject to conditions, pursuant to City Planning Commission's Resolution No. !300, Series 1964-65. ¥~RIAMCE NO. 1656i Submitted by Don and Clara Clinkinheard, requesting permission to erect a 5-foot, 4-inch block wall within the front and side yard of R-1 property, located on the west side of Ralston Street, approximately 286 feet north of Romneya Drive (1223 North Ralston Street). 8059 City Hall, Anaheim. Callfo~B~a - COUNC.~.L MINUTE~..- .$eptem~e~ .8~.. 1964, 1,.30 P.M. ....... Granted, subject to conditions, pursuant to City Planning Commission's Resolution No. 1299, Series 1964-65. The foregoing actions were reviewed by the City Council and no further action taken on the above numbered conditional use permits ~nd variance applications, CONDITIONAL..U$~ PEP~.!T.NO. 233: Originally submitted by Mr. and Mrs. Jerry Dolan, requested permission to establish a child care nursery on property. located at 723 West La Palma Avenue. The City Planning Commission pursuant to Resolution No, 1308, Series 1964=65, recommended termination of Conditional Use Permit No, 233, pursuant to request of the petitioners. RESOLUTION NO. 64R-657: Councilman Krein offered Resolution No. 64R-657 for adoption. Refer to Resolution Book. A P~SOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PRO~EEDINGS IN CONN~TION WITH CONDITIONAL USE PERMIT NO. 233 AND DECLARING RESOLUTION NO. 62R-587 NULL AND VOID. Roll call vote~ AYHS~ COUNCILMHN~ Pebley, $chutte, Krein and Dutton NO£S~ COUNCILMHN~ None ABSENT~ COUMCILM~N~ Chandler The Mayor Pro Tam declared Resolution No. 64R-657 duly passed and adopted, P~LA$SIFICATION NO. 64,65,4 AND VARIANC~ NO. 1650: Communication dated July 23, 1964, from E. E. Heacock~ owner of property described in Reclassification No~ 64-6D-4 and Variance No. 16GO, requesting termination of subject applica- tions concerning property located between Manchester Avenue and the Santa Ana Freeway, west of Thalia Street, was submitted. Also submitted was excerpt from the minutes of the Anaheim Planning Commission meetin9 held August 17, 1964, recommending that ail proceedings on said applications he terminated, as requested hy the petitioner~ On motion by Councilman Schutte, seconded by Councilman Krein, request of £. E. Heacock for termination of Reclassification No. 6~-65~4 and Variance No. 1650 was granted. MOTION CARRIED. T~NTAT!I~ TRACT NO. 5693: Newman and Associates, Developers tract located on the east side of Muller Street, north of Lincoln Avenue, and contains 10 proposed R-3 lots. Pursuant to written request from the petitioner, Councilman Pebley moved Tentative Tract No. 5693 he continued, to be heard in conjunction with Reclassification No. 64-65-21 and General Plan Amendment No. 35, Councilman $chutte seconded the motion. MOTION CARRIED. ~R-658..~. AwA.~D.QF JQB. NQ.~..896: On the recommendations of the R~$0LUTIQN .No,..~ city Engineer, Councilman Kreln offered Resolution No, 64R-658 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AC~£PTING A SEAI~D PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND RQUIP~NT AND ALL UTILITIHS AND TRANSPORTATION, INCLUDING POWER, FU~L AND WATER, AND PERFORMING ALL WORK N~GESSARY TO CONSTRICT AND COMPLETE THE FOLLOWING PUBLIC I~PROVE~ENT~ THE IMPROVE~I£NT OF SYC~OP~ STREET, FROM APPROXIMATELY 148 FEET EAST OF ORANGE STREET TO APPROXIMATELY 4 FEET EAST OF ORANGE STREET, IN THE CITY OF ANAHEIM. JOB NO. 896. (D. C. Muralt Co. - $4,490.00) Roll call Vote: 8060 'City Hall, Anaheim. Cs. lifornla - COUNCIL .MINUIES - Seotember. 8,..1~4,.. 1{30 AYESm COUNGILR~N~ Pebley, 'Schutte, Krein and Dutton NOES~ COUNCILMEN ~ None ABSENTs COUI~ILMEN~ Chandler The Mayor Pro Tem declared Resolution No, 64R-658 duly passed and adopted. :~.ORDRR NO. 1 ~ JOB NO. 8}~! On.report and recommendations of the City. Engineer, Councilman Pebley moved that Change Order No. 1, in the amount of $4,755.31, consisting of additional work at the Webster Street Improvement, from Orange Avenue to Ball Road, Job No. 852, he approved. Councilman Schutte seconded the motion, MOTION CARRIED. RE~OLUTION NO. 64R-659'- JOB NO., 8~ Upon receipt of certification from the Director of Public Works, Councilman Pehley offered Resolution No. 64R-659 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, ~LATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE TISE FOLLOWING PUBLIC IMPROVEMENT, TO WIT~ THE IMPROVEMENT OF WEBSTER STREET, FROM ORANGE AVENUE TO BALL ROAD, IN THE CITY OF ANAHEIM, JOB NO. 852. (R.J. Noble Co.) Roll call vote~ AYESs COUNCILMEN ~ NOES, COUNGILMEN= ABSENT = COUNCILMEN= Pebley, Schutte, Krein and Dutton None Chandler The Mayor Pro Tem declared Resolution No. 64R-659 duly passed and adopted. -CANCIiLLATIOM OF COUNTY TAXESs. On motion by Councilman Krein, seconded by Council- man $Chutte, the Orange County Board of Supervisors was requested to cancel County taxes on the following property acquired by the City of Anaheim for municipal purposesl Property acquired pursuant to Resolution No. 64R-613, formerly assessed to Herman Bruggeman and Florence Luella Bruggeman, Deed recorded August 25, 1964, as Document Nog 21755, in Book 7192, at Pages 81, 82 and 83, Official Records of Orange County California. MOTION CARRIED. C~AIM $ AGAIN.~T ~HE CITy~, The following claims against the City were denied and referred to the City Attorney, on motion hy CounciLman Pebley, seconded hy Councilman Schutte~ (a) Claim submitted by Fred H. Rehfeld for damages purportedly resulting from pavement damage on Kaott Avenue, on or about August 23, 1964. (b) Claim filed hy Harold L. Jones for injuries purportedly resullin9 from being struck by a baseball at La Palma Stadium, on or about June 17, 196~. MOTION CARRIED. ANNUL I{EI~DI{T . _ERN3INEERING DIVISION. DEPARTMENT QP, ,,P.~LIQ ,{o~,, On motion by Councilman Pebley, seconded by Councilman Kretn, Annual Report of the Engineering Division. Department of Public Works~ was ordered received and filed, and lhe City Engineer was commended for a fine report. M<YrlON CARRIED. CORf~ESI~NDEI~E~ The following corresPondence was ordered received and filed, on motion h¥ Councilman Krein, seconded by Councilman Schutte~ a. Automobile Club of Southern California. b. Anaheim Park and Recreation Co~ission Minutes, Meeting August 13, 1964. MOTION CARRIED. 8061 C~ty Hall. Anah.eim, California ' cO~IL MINUIE$ - SePtember 8,. 1964~ i~30 P.M. ~TROpOLITAN WATER DISTRICT. RESOLuTION NO, 6574.~ Councilman Krein moved that Metropolitan Water District Resolution No. 6574, levying taxes for the fiscal year commencing 3uly 1, 1964, and ending 3uae 3Q, 1965, for the purposes of the Metropolitan Water District of Southern California, together with tabulation of assessed valuations, be received and filed. Councilman Pebley seconded the motion. MOTION CARRIED. O~DINANOE NO, 2037: Councilman Krein offered Ordinance No. 2037 for final reading. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM APPROPRIATING FUNDS FOR PROMOTION AND ADVERTISING OF THE CITY OF ANAHEIM. (Not to exceed $120,000) After hearing read in full the tltle of Ordinance No. 2037 and having knowledge of the contents therein, Councilman Pebley moved the reading in full of said ordinance be waived. Councilman Schutte seconded the motion~ MOTION UNANIMOUSLY CARRIED. Roll call vote: AYES: COUNCIL~NI Pebley, Schutte, Krein and Dutton NOES~ COUNCILMEN: None ABS£NTz COUNCILMEN~ Chandler adopted. Mayor Pro Tem Dutton declared Ordinance No. 2037 duly passed and LITIGATION: On report and recommendation of the City Attorney, Councilman Krein moved that ~ro Joseph Geisler he authorized to accept service on behalf of the City Council and City Planning Commission, in the matters of Robert Sheer, et al, versus Paul Jo Maddox, et al, Case No. 127700~ and Robert Sheer, et al, versus Homer Wallace, et al, Case No. 127720. Councilman Pebley seconded the motion. MOTION CARRIED. (62-63=35 and CUP 313) RECESS~ Councilman Krein moved to recess to 7200 PoMo Councilman Pebley seconded the motion° MOTIONCARRIED. (2115 P.M.) %~TER REC~SS~ Mayor Chandler called the meeting to order. PRESENT~ COUNCILMEN~ Pebley, Dutton, Krein and Chandler. ABSENT~ COUNCILMEN~ Schutteo PRESENTs CITY MANAGER~ Keith A. Murdoch° CITY ATTORNEY~ Joseph Geisler. CITY CLERK: Dene M. Willimms. CITY ENGIN~£R~ James P. Maddox. ASSOCIATE PLANNER~ Robert Mickelson. FLA~ SALUTE~ Mayor Chandler led the Assembly in the Pledge of Allegiance. to the Flag. PUBLI C HEARING: Public hearing was scheduled to consider a request submitted by W. Spaulding, Th°D.~ Pastor of The Fountain of Living Water Church~ for permission to erect a tent and conduct a revival campaign during the month of September and October, on approximately 9 acres of undeveloped property located at 2663 West Lincoln Avenue. Reverend Wallis Spaulding, 1002 Onondaga Avenue, Anaheim, addressed the Council requesting their application be withdrawn. On motion by Councilman Dutton, seconded by Councilman Pebley, request to withdraw application, was granted~ MOTION CARRIED. p..UBL~C ~EARING - COND!IIpN~L U~E ps~IT NO, ~77.~ Submitted by Curtis W. Reedy, Crenshaw Carpet Center Inc. and Marvin B. Kapelus (3ack Knighton or Dale O. 3ennings, Authorized Agents), requesting permission to establish a food bazaar, restaurant, cocktail lounge, 21 common eating concessions with a common dining area~ and waiver of 35-foot height limitation on property presentlv zoned R-A, located on the north side of Katella Avenue; approximately 1322 feet west 8062 City H~ll, ~naheim, California - COUNCIL MINUTES -..September.8,.. 1~64~ 1130 of Haster Street. The City Planning Commission pursuant to Resolution No. 1289, Series 1964:65, granted said conditional use permit subject to the following conditions~ 1. That street improvement plans shall be prepared and ail engineering requirements of the City of Anaheim along Katella Avenue, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other appurtenant work shall be completed as required by the City Engineer; 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. 2. That the owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Katella Avenue, for street lighting purposes~ 3, That the owners of subject property shall pay to the City of Anaheim the sum of 155 per front foot along Katella Avenue, for tree planting purposes. That Condition Nos. 1, 2, 3, above mentioned, shall be complied with prior to the time the building permit is issued or within a period of 180 days from date hereof, whichever occurs first, or such further time as the Commission or Council may grant. 5. That trash storage areas shall be provided in accordance with approved plans on file in the office of the Director of Public Works, 6. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department° 7. That provision of a 20=foot strip of land shall be landscaped and said landscaping maintained on the Katella Avenue frontage of subject property as indicated on Exhibit No. 1~ that plans for said landscaping shall be submitted to and subject to the approval of the Superintendent of Parkway Maintenance. 8. That all air-conditioning facilities shall be properly shielded from view from abutting streets. 9~ That Condition Nos. 5, 6, 7, and 8, above mentioned, shall be complied with prior to final building inspection. 10. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos° 1 through 5. Appeal from action taken by the City Planning Commission was filed by Mr, Leo Freedman, and public hearing before the City Council scheduledo Because of a possible conflict of interest, Mayor Chandler turned the Chairmanship of the meeting over to Mayor Pro Tem Dutton, Mr. Mickelson noted the location of the property, and existing uses in the immediate vicinity. In summarizing the hearings held before the City Planning Commission, Mr~ Mickelson reported that a study was initiated because during the hearings discussion was held concerning the possibility of a street being required through subject property (General Plan Amendment No. 21). Mayor Pro Tem Dutton asked if the applicant or his agent wished to address the Council° Mr. Robert Duden, President of Omar's Food Bazaar Inc., owner of the restaurant to he constructed, addressed the Council reporting that at the three public hearings held before the City Planning Commission on subject application, no objections were filed. Mr. Marvin B. Kapelus advised that the proposed street was considered by the City Planning Commission, because Mr. Freedman had suggested that as a condition to the granting of the Conditional Use Permit, the owner of subject property be required to provide a street through the center of the property. He further reported that there is a private easement which has been used as a temporary street; however it is planned to abandon the private easement and use the entire parcel as one unit for the proposed development. Mr. Kapelus was of the opinion that the suggestion proposed by Mr. Freedman was entirely out of line and would make the proposed development impossible, He thereupon briefed the report of ~e City Traffic Engineer concerning the suggested street. 8063 G~ty Hall, Anahe%m, Ca.%ifq~nia - GO .UNC. ~L MINUTES - geptemb.er 8,..1~64~ 1~30 P~M, Mr. Leo Freedman, 7 Freedman Way, Anaheim, California, addressed the Council stating that in his opinion the suggestion was in order, he called attention to street dedication and improvement required on his property, and further advised that at the time dedication was required, plans were to require an additional street approximately 660 feet southerly of Clementlne Street for access to whatever developed northerly. Mr. Freedman reported on the ownership status of the'property, and advised that his appeal was based on the following reasons: 1. The property can be developed with the street so that Melodyland can be provided ingress and egress to Katella Avenue! said street should be required as originally planned. 2. He question the status of the present ownership of the land. Mr. Duden reported that the property is presently in escrow and that funds are available to complete the purchase! further, a reciprocal parking agreement has been arranged by one of the owners of Melodyland, which is leased for a period of 30 years from Mr. Freedman$ in his opinion, to require a street would accomplish no purpose other than to destroy the proposed use of the property° Mr. Freedman requested the reciprocal parking agreement referred to he furnished him for review, and noted certain provisions of the lease. Former applications affectin¢ s~bject property were reviewed to determine if actions contained a street requirement. Further discussion was held by the City Council, at the conclusion thereof Mayor Pro Tem Dutton declared the hearing closed. RESOLUTION NOq 04R-660t Councilman Krein offered Resolution No. 64R-660 for adoption, granting Conditional Use Permit No. 577 subject to the recommendations of the City Planning Commission, Refer to Resolution Book. A RESOLU/ION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PER~IT NO. 577. Roll call vote: AYES'. COUNC I IAtENz NOES: COUNCILMEN: ABSENT: COUNCILMEN: TEMPORARILY ABSENT: COUNCID~AN: Pebley, Krein and Dutton None Schutte Chandler The Mayor Pro Tem declared Resolution No. 64R~660 duly passed and adopted. PUBLI ~ ~EARIN~.- GENHRAL PLAN AMENDMENT NO. 21: Public hearing was held on proposed amendment to the Highway Rights-of-Way Circulation Element of the General Plan, proposing the establishment of Clementine Street and Freedman Way as collector steets. City Planning Commission pursuant to Resolution No, 1290, Series 1964=65, recommended said Highway Rights-of Way Circulation Element of the General Plan be amended in accordance with Exhibit "B".and "C". Mr. Mickelson called attention to exhibits posted on the west wall of the Council Chambers, and briefly reviewed the public hearing held hy the City Planning Commission. Mayor Pro Tem Dutton asked if anyone wished to address the Council, there being no response, declared the hearing closed. RESOLUTION NO. 64R~66~ Councilman Kretn offered Resolution No. 64R-661 approving General Plan Amendment No. 21, in accordance with recommendations of the City Planning Commission (Exhibit "B"'~nd "C"O. 80~ OttvZ4all. Anaheim. California ..-COUNCIL MINUTES - SeDtem_ber 8. 1964. 1130 P.M. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AM~ND~4ENT TO THE GENERAL PLAN DESIGNATED AS AMENDN[EMT NO. 21. (Clementine Street and Freedman Way) Roll call vote: AYES~ COUNCIL~N: NOES: COIrNC I IJ~EN ABSENT: COUNC II~EN s Pebley, Krein and Dutton None Schutte TEMPORARILY ABSENTI COUNCILMAN: Chandler The Mayor Pro Tam declared Resolution No. 64R-661 duly pass'ed and adopted. Mayor Chandler assumed Chairmanship of the meeting.. PUBLI C H~-$R~NG, CONDITIONAL uSEP~RM!% NO, $0~! Submitted by Floriene Sandersfeld, r~equesting permission to establish a hofhrau tavern in a shopping center located at the southeast corner of Orange and Knott Avenues. City Planning Commission pursuant to Resolution No. 1288, Series 1964-65, denied said conditional use permit. APpeal from action taken hy the City Planning Commission was filed by Robert W. MacMahon, Attorney for the Applicant, and puhlic hearing scheduled before the City Council. The Mayor asked if the proponents wished to address the Council. Mr~ Robert MacMahon, representing the owner and developer of the shopping center, addressed the Council advising that the hofhrau tavern is designed to operate as a hear tavern with a certain limited amount of foods served, as there will not he a full kitchen, and because of lease agreement they cannot qualify as a honafide eating establishment° The tavern will be situated in the far corner of the shopping center practically invisible from the streetl in his opinion, the location was ideal both economically and from a land use° Nlro MacMahon reported that the Alcoholic Beverage Control Board has indicated approval of the required beer license, subject to the approval hy the City Council of the land use. He called attention to other establish- ments in the immediate vicinity~ Councilman Pebley in recalling action taken while serving as a Planning Commissioner relative to subject property, advised that at the time the property was granted commercial zoning, the appll¢ant~s Attorney stipulated that there would be no cocktail lounge or selling of beer on the premises, and with this stipulation the City Planning Commission recommended; the C~l zoning. ~tr, MacMahon advised that originally a cocktail lounge was planned and this portion of the application was withdrawn, however, he did not remember any reference to the selling of beer~ he thereupon called attention to the substantial changes in the area since the original commercial application, and particularly in view of the proposed location of the tavern, felt the same objections would not apply; for these reasons he requested the conditional use permit he granted. Question was raised by Councilman Krein concerning operation of the hofhrau without a full kitchen, and Nlr. Geisler explained the various con- ditional alcoholic beverage licenses granted. The record of Reclassification Noo 61-62-71 was reviewed by the City Council to determined if the commercial zoning prohibited the sale of liquor on the premises. Mr, Wayne Sadler, 630 South Knott Avenue, proposed lessee and former owner of The Halliday Inn, Santa Ana, Californla, addressed the Council re- questing favorable consideration be given the application. In his presentation 8065 Clty Ha~l, Anahgim, Ca. lifor~ia - CQU~IL MINUTES - S~ptember 8~ 1964~ 1:30 to the City Council Nlr. Sadler related the organizations in which he was affiliated, and also the civic projects in which he actively participated, He reported that no protest has been filed with the Alcoholic Beverage Control Board, and the closest school was more than 645 feet from the property line. The Mayor asked if anyone else wished to address the Council in favor of the application, there being no response, asked if anyone wished to address the Council in opposition. Mr. Paul Montgomery, 3400 East Orange Avenue, addressed the Council in opposition and presented written protests filed by the Executive Board of the Twila Reid Elementary School P.T.A., and President of Orangeview PoT.A. Mr. Montgomery expressed concern that the proposed hamburger stand wii1 result in the congregating piace for a vast number of students, thereby creating an intermingIing of young people in the same area~ he expiained that there is congestion at the present time caused by the two schooIs in the vicinity. Mrs. June Wright, 3515 Savanna Street, reported that her concern was the after school activities and the necessity of young people passing this site during the evening hours. Mro Jim Wright, 3515 Savanna Street, referred to the operator,of a nearby pool=hall, and advised that the operator cannot control the activities on the parking lot. Mrs° Yvonne Hall, 3518 West Orange Avenue, agreed that the neighborhood had changed and that a great many apartment houses were now constructed; however, in her opinion, this could not infer that the residents of the apartment houses were less concerned about their children. Mr. Sadler in rebuttal stated that he could appreciate the concern of others regarding the welfare of their children, and advised that he had never had a minor in his establishment that was not accompanied by their parents, he further promised to adhere to the rules and laws regulating this business. The Mayor asked if anyone had any new or additional evidence to present, there being no response, declared the hearing closed. Councilman Dutton offered a resolution granting Conditional USe Permit No. 604, subject to the following conditions: 1. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibits Nos° 1 and 2. Roll call vote: AYES: COUNCILMEN: Dutton and Chandler NOES: COUNCILMEN: Pebley and }<rein ABSENT: COUNCIIJ~HN: Schutte Said resolution failed to carry and the City Clerk was instructed to bring the matter before the next meeting for roll call vote of the total membership of the Council. PUBLIC HEARING - RECLAS$IFICAIION NQ,. 64-65-14 AND AREA DEVELQPN~N/ PLAN NO. 10: Initiated by the City Planning Co~aatssion to consider a change of zone from R-3 and Pal to C-O; property located on the west side of Lemon Street between Anaheim Boulevard and Romneya Drive, 8066 City Hal~, A~bei~, Ca%if0rni~ - ~0UNCIL ~INUTES - Sente~ber. 8, 1964, 1.,30 City Planning'Commission pursuant to Resolution No. 1285, Series 1964-65, recommended said reclassification subject to the following condi- tional 1. That the owners of subject property shall deed to the City of Anaheim a strip of land 45 feet in width, from the center line of the street along Lemon Street, for street widening purposes. 2. That the owners of subject property shall deed to the City of Anaheim a strip of land 32 feet in width from the center line of the street, along Romneya Drive, for street widening purposes, That street improvement plans shall he prepared and all engineering requirements of the City of Anaheim along Romneya Drive, such as curbs and gutters, sidewalks, street grading, and paving, drainage facilities, or other appurtenant work shall he completed as required hy the City Engineer and in accordance with standard plans and specifications on file in the office of the City £ngineer! 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. That the sidewalks shall be installed along Lemon Street as required by the City Engineer and in accordance with standard plans and specifica- tions on file in the office of the City Engineer. 5. That the owners of subject property shall pay to the City of Anaheim the sum of $2°00 per front foot along Lemon Street and Romneya Drive, for Street lighting purposes° 6, That the owners of subject property shail pay to the City of Anaheim the sum of 155 per front foot along Lemon Street and Romneya Drive, for tree planting purposes. 7.' That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 8. That Condition Nos. I, 2, 3, 5, and 6, 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, 9, That Condition Nos, 4 and 7, abOve mentioned, shall be complied with prior to final building inspection. 10. That subject property he developed in accordance with all conditions of Area Development Plan No. 10o City Planning Commission pursuant to Resolution Noo 1284, Series 1964-65, recommended adoption of Area Development Plan No,. loo The City Council at their meeting held August 4, 1964, granted C-2 zoning, purauant to Application Nos. 63-64-124 and 63-64-12~, which parcels of property are within the area considered under Reclassification NO° 64-65-14, On motion by Councilman Dutton, seconded by Councilman Krein, public hearing on Reclassification No. 64-65-14 and Area Development Plan No. 10 was continued to October 27, 1964, 7~00 PoMo, and the City Planning Commission was requested to initiate C-2 zoning on subject property, MOTION CARRIED. RE~OLUTION NO~ $4R-$62~ Councilman Krein offered Resolution No. 64R-662 for adoption. Refer to Resolution Book. A P~$OLUTION OF THE CITY COUI~IL OF THE CITY OF ANAHEIM I~GARDING THE GRANTING OF WAIVERS OF HEIGHT IN THE "COMMERCIAL-RECREATION" AREA IN AND AROUND 'DISNEYLAND~. Roll call vote~ AYESI COUNCILMEN s NOESI COUNC ILMEN~ ABSENT ~ COU}~I I.aiEN ~ Pebley, Dutton, Krein and Chandler None Schutte The Mayor declared Resolution No. 64R-662 duly passed and adopted. 8067 Qity ~all, Anaheim~ California - QO~Ig MINUTES - Sept~mber .8,..~64~ 1:30 .P~M. ORDINANCE NO. ~038~ Councilman Krein offered Ordinance No. 2038 for second reading and final adoption, said ordinance was read in full, in public, by the City Clerk. (Reducing Planning Commission members from nine to seven) Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 1, CHAPTER 1.04, SECTION 1.04.350 OF THE ANAHEIM MUNICIPAL CODE RELATING TO OFFICERS AND DEPARTMENT. Roi1 call vote: AYES~ COUNCILMEN~ NOES: COUNCILMEN~ ABSENT: COUNCILMEN: Pebley, Dutton, Krein and Chandler None Schutte Mayor Chandler declared Ordinance No. 2038 duly passed and adopted. O~ORDINANCE NO..2039~ Councilman Dutton offered Ordinance No. 2039 for final reading. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 1, CHAPTER 1.04. OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SECTIONS 1.04.400, 1.04.410, 1o04.420 AND 1.04.430o (Creating Stadium Commission) After hearing read in full the title of Ordinance No. 2039 and having knowledge of the contents therein, Councilman Pebley moved the reading in full of said ordinance be waived. Councilman Dutton seconded the motion° MOTION UNANIMOUSLY CARRIED. Roll call vote: AYES~ COUNCILMEN: NOES~ COUNC IIA~N: ABSEN/: COUNCILMEN: Pebley, Dutton, Krein and Chandler None Schutte Mayor Chandler declared Ordinance No. 2039 duly passed and adopted. ~XECUTIVE MEETING~ ORANGE COUNTY LEAGUE OF CALI.~ORNIA C.I.TI~S: Mr. Murdoch suggested attendance of the meeting to be held September lOth, and advised that items to be considered including the forthcoming County Bond Issues, Mutual Aid Agreements and Trash Refuse Stattons~ YQRB~ ANNEXATION: Pursuant to Section 194 The Streets and Highway Code, on motion by Councilman Krein, seconded by Councilman Dutton~ request was made for an Estimate of Census at this time of the area known and designated as Yorba Annexation, annexed to the City of Anaheim under the Uninhabited Act of 1939, pursuant to Ordinance No. 1777, adopted November 13, 1962, filed with Secretary of State, State of California, August 10, 1964, and Orange County Recorder August 13, 1964. MOTION CARRIED, %~CHI$ON TOPEKA. AND SANTA FE A..C~EMENT ~ QROSS!NG NO., 2N-l,~..{hA p.A~A CROSS..ING 6T 3EFFERSON): On motion by Councilman Krein, Seconded by Councilman Dutton, the Mayor and City Clerk were authorized to execute a certification that the City is still holding the premises referred to in said agreement. MOTION CARRIED. REDEI~ELOPMENT AGENCY MEETING: Mayor Chandler called the meeting of the Redevelop- ment Agency to be held September 15, 1964, 11:00 A.M., and instructed the City Clerk to so notify Councilman Schutte, % A~)JOURNMENT: Councilman Krein moved to adjourn, Councilman Pebiey seconded the motion. MOTION CARRIED. (10:00 P.M.) ' City Clerk