1963/01/22
6411
City Hall~ Anaheim~ California - COUNCIL MINUTES - January 22, 1963, 3:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENTi
ABSENT:
PRESENT:
COUNCILMEN: Dutton, Chandler, Krein and Coons.
COUNCILMEN: Schutte.
CITY MANAGER: Keith A. Murdoch.
CITY ATTORNEY: Joseph Geisler.
CITY CLERK: Dene M. Williams.
CITY ENGINEER: James p. Maddox.
ZONING COORDINATOR: Martin Kreidt.
Mayor Coons called the meeting to order.
RESOLUTION OF CONDOLENCE: The following Resolution of Condolence was offered by
Mayor Coons, and unanimously adopted by the City Council:
RESOLUTION OF CONDOLENCE
WHEREAS, the City Council of the City of Anaheim has learned, with
sorrow, of the untimely death of EUGENE p. HAPGOOD; and
WHEREAS, Eugene p. Hapgood served the City of Anaheim from June 1,
1924, to the date of his retirement October 1, 1950, in the Engineering
Department and as City Engineer of the City of Anaheim from 1935 to the date
of his retirement; and
WHEREAS, "HAP", as he was affectionately known, served as Director
of the Metropolitan Water District of Southern California for a period of
twenty five years, representing the City of Anaheim, and on May 11, 1960,
partlcipated in the dedication to the service of the people, the completed
Metropolitan Water Distrlct Aqueduct; and
WHEREAS, "Hap", because of his outstanding engineering knowledge
and ability, contributed substantially to the growth of the City of Anaheim,
and to all of Southern California by his years of service as City Engineer
and Chairman of the Engineering Committee of the Metropolitan Water District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that it deeply mourns the passing of Eugene p. Hapgood and extends
its deepest sympathy to his wife and family.
BE IT FURTHER RESOLVED that this resolution be spread upon the
minutes of the Anaheim City Councll and a copy thereof be forwarded to his
wife Genevieve.
THE FOREGOING RESOLUTION is approved and signed by me this 22nd day
of January, 1963.
MINUTES: Approval of the minutes of January 15 and 18, 1963, was deferred to
January 29, 1963.
RESOLUTION NO. 63R-56: Councilman Krein offered Resolution No. 63R-56 for
adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND DIR-
ECTING THE PAYMENT OF DEMANDS AGAINST THE CITY AS OF JANUARY 22, 1963.
(Warrants Nos. 22587 to 22883, both inclusive, totaling $967,661.56)
On roll call the foregoing resolution was duly passed and adopted
by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNC I LM EN i
COUNCI LMEN:
Dutton, Chandler, Krein and Coons.
None.
Schulte.
The Mayor declared Resolution No. 63R-56 duly passed and adopted.
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6412
City Hall~ Anaheim_ CalIfornia - COUNCIL MINUTES - Januarv 22. 1963. 3:00 P.M.
PUBLIC HEARING - AMENDMENr TO SECTION 18.04.090 - REVERSED CORNER LOT~ City
Planning Commission Resolution No. 566, Series 1962-63, recommending the
amendment to Section 18.04.090 (2-h-l) of the Anaheim Municipal Code, as
follows, was submitted and Mr. Martin Kreidt came forward to the Council
Table and fully explained and indicated on a sketch the proposed amendment:
REVERSED CORNER LOT: A six (6) foot fence, wall or hedge may be erected in
the normal inside side and rear yard, except that such
fence, wall, or hedge may not extend along the rear
yard beyond the side yard setback of the reversed
corner lot.
--.
Mr. Kreidt advised that the present ordinance requires a twenty-
fIve foot fence setback on the side yard of a reversed Corner lot; that
this proposed amendment reduces said setback to 12.5 feet.
rhe Mayor asked if anyone wished to address the Council, there
being no response, declared the hearing closed.
ORDINANCE NO. 1808: Councilman Chandler offered Ordinance No. 1808 for
first reading, amending Section 18.04.090 (2-h-l) as recommended by the
City Planning Commission.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.04,
SECTION 18.04.090, PARAGRAPH 2 - EXCEPTIONS, SUBPARAGRAPH (h-l) REVERSED
CORNER LOT, OF THE ANAHEIM MUNICIPAL CODE.
After hearing read in full the title of Ordinance No. 1808 and
havlng knowledge of the contents therein, Councilman Chandler moved the
reading in full of said OrdInance be waived. Councilman Dutton seconded
the motion. MOTION UNANIMOUSLY CARRIED.
CONDITIONAL USE PERMIT NO. 259: Request of Mr, Dale D. Walker dated January 11,
1963, for waiver of Condition No.3 in Resolution No. 62R-690, pertaining
to wall requirements, was submitted at the meeting of January 15, 1963, and
contInued to this date for report and recommendation from the City Planning
C omm 1 s s ion.
Mr. Martin KreIdt reported that the City Planning Commission
vIewed the site of subject property and the surrounding area, and at their
meetIng of January 21, 1963, recommended that the walls on the west and
north property lines, as required by ResolutIon No. 62R-690, be waived, but
that the east wall except for the northerly five fe~t thereof be required
to block from East Street viewing any vehicles outside the building awaiting
repaIr, or those inside being repaired with the large doors open.
Mr. Walker addressed the CouncIl reiterating his request, and was
of ~he opinion that a wall requIrement would not be imposed if his requested
IJse was allowable ln an M-l Zone, such as body and fender work, auto paint-
Ing or truck repair; however, as his proposal was for a lesser use (auto
repaIr garage) the Conditional Use Permit was required, thereby allowing the
opportunity for the additIonal requirements.
Plans and the fIle were reviewed b~ the Council, and Mr. Maddox,
CIty EngIneer, advised that the matter of the existing storm drain across
sect property has not yet been fully resolved.
HE SOL UT ION: Co U n c 11 man D'.J t ton 0 f f e red are so 1 L t i on del e -t i n g Con d it i on No. 3
from Resolut on No. 62R-690, subject -to the applicant provIding dedication
the storm draIn area.
On roll call the foregoing resolution faIled to receive majority vote
t the followlng:
r'\ YES:
NOES:
COUNCILMEN:
COUNCILMEN:
Dutton and Chandler.
Kreln and Coons.
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6413
City HaJ~~ Anaheim_ California - COUNCIL MINUTES - January 22_ 1963~ 3:00 P.M.
Mr. Walker stated that he was certain the matter of the storm
drain easement would soon be resolved, and asked that the matter not be
considered in connection with his wall waiver request.
Further discussion was held by the City Council, and the plans
and file again reviewed, and it was noted that the large entrance doors
to the repair garage would be approximately two hundred feet from East
Street.
RESOLUTION NO. 63R-57: Councilman Chandler offered Resolution No. 63R-57
for adoption, amending Resolution No. 62R-390 in Conditional Use Permit
No. 259, by deleting Condition No.3 thereof and further adding the follow-
ing conditionsi
1. All operations in connection with the repair garage or any of the
activities in the repair garage shall be wholly contained within the
building at all times.
2. Subject to dedication of necessary easement for storm drainage purposes
in conformance with the requirements of the City Engineer.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION
NO. 62R-390 GRANTING CONDITIONAL USE PERMIT NO~ 259.
On roll call the foregoing resolution was duly passed and adopted
by the following vote:
A YES :
NOES:
ABSENT :
COUNC I LMEN :
COUNC I LMEN :
COUNCILMEN:
Dutton, Chandler, Krein and Coons.
None.
Schutte.
The Mayor declared Resolution No. 63R-57 duly passed and adopted.
RECLASSIFICATION NO. 61-62-82 AND CONDITIONAL USE PERMIT NO. 333 - REVISED
PLANS: Request of Mr. Robert L. Balen for approval of revised plot plan
was submitted, together with recommendations of the City Planning Depart-
ment.
Revised plans submitted were reviewed by the City Council and
compared with the original plans contained in the file.
On the recommendations of the Planning Staff, Councilman Dutton
moved that revised plot plans be approved as submitted. Councilman Chandler
seconded the motion. MOTION CARRIEDa (Revised plans dated and signed by
Mayor Coons.)
REQUEST - SMITH-REAFSNYDER FURNITURE COMPANY (CITY EASEMENT): Request of
Richard L. Tom, Architect, representing Smith-Reafsnyder Furniture Company,
151 North Los Angeles Street, for an easement on the City parking lot
west of subject property to allow for proper ingress and egress as required
for service to their new two story addition, was submitted together with
plans.
Mr. Tom addressed the Council advising that this new addition is
the first of the improvements in the proposed Downtown Shoppers Mall; that
said requested permanent encroachment permit would allow them to drive
through the City parking lot for the purpose of loading and unloading furn-
iture.
Mr. Murdoch explained the proposed Shoppers Mall, and advised
that when completed, there will be a drive around the perimeter of the pro-
ject which will give direct access to Smith-Reafsnyder Furniture Company;
that their requested easement would eliminate two public parking spaces in
the City parking lot. Mr. Murdoch further advised that there will be a
meeting tomorrow with the property owners in this immediate area, and
suggested that action on thIS request be continued for one week for further
information as to commencement of other like improvement projects within
subject area.
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6414
City Hall, Anaheim. CalifornIa - COUNCIL MINUTES - January 22. 1963~ 3:00 P.M,
Councilman KreIn moved that the request of Smith-Reafsnyder
Company for an easement on the City parking lot west of 151 North Los
Angeles Street be deferred for one week, January 29, 1963, 3:00 P.M.
Councilman Dutton seconded the motion. MOTION CARRIEDa
SIGN APPLICATION - WHITE FRONT STORE (AMERICAN TIRE COMPANY): Application of
WhIte Front Stores on behalf of American Tire Company for permission to
erect three additional signs at 2222 Harbor Boulevard, together with plans,
was submitted and reviewed by the City Council.
~
Photographs were submitted showing the existing signs on the
buildIng and the location of additional signs requested. It was noted that
the required landscaping on the north side of the building has been destroyed.
Mr. Mac Gi1burn, one of the Supervisors of White Front Stores,
addressed the Council advising that they will replace any landscaping that
the CIty requests; that they intend to blacktop along the north side of the
tIre shop buildIng; however, the palm trees and the sidewalk area will
remain.
Mr. Jack Lloyd, representing Heath and Company Signs, further
explained the sign application.
Councilman KreIn moved said sign application be approved as
requested. Councilman Chandler seconded the motion. MOTION CARRIED.
SIGN APPLICATION - CARL~S JR.: Application requesting permission to erect non-
conforming sign to replace existing sign at Carl is Jr., 605 West Center
Street, together with plans, was submitted and reviewed by the City Council.
CouncIlman Chandler moved said sign applIcation be granted as
requested. CouncIlman Dutton seconded the motion. MOTION CARRIED.
CLAIM AGAINST THE CITY: VerifIed claim filed by Earl Eugene Novac for damages
resulting from an accident at or near the intersection of La Palma Avenue
and State College Boulevard on or about November 19, 1962, was submitted.
On motIon by Councilman Dutton, seconded by Councilman Chandler,
saId claim for damages was denied by the City Council and referred to the
Ci AttorneyVs office and the City's insurance carrier. MOTION CARRIED.
CONDITIONAL USE PERMIT NO. 234 - NORTH STREET SETBACK: Request of Mr. Stanley
Backlund, 1015 East North Street, for reconsideration of the plot plan as
to the setback from North Street of the service station being constructed
at the northwest corner of East and North Street, was submitted.
Mr. Martin Kreidt reported on investigatIon made by their depart-
ment, and advised that the residences that were removed from the property
to allow the construction of the station were nearer North Street than the
remaIning adjacent residences; further, that the station is being con-
structed in accordance with plans presented.
Mr. Backlund addressed the Council requesting that the service
station be relocated to conform with the setback of the adjacent homes on
North Street; that when they built their homes approximately twelve years
ago, they were required to conform with the then existing setback of the
two houses now removed.
Construction plans were revIewed by the City Council and compared
with the original plans in the file. Discussion was held, and it was noted
that the service station appears to be one foot, six inches closer to the
centerline of the street than the original buildings.
After further dIScussion by the City Council, Councilman Dutton
moved that thlS matter be continued for one week, January 29, 1963, 3:00
P.M. for further investigation and report as to the street
wIdth and the setback width as it appears on the application as compared to
the actual construction drawings. Councilman Krein seconded the motion.
MOTION CARRIED.
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6415
City Hall. Anaheim. California - COUNCIL MINUTES - Januarv 22~ 1963, 3:00 P.M.
MOTHER COLONY HOUSE: Communication from Mrs. Martha G. Raymond, Secretary, Board
of Trustees, Anaheim Public Library, relative to the possible transfer of
the responsibility for the operation of the Mother Colony House fr~m the
Park and Recreation Department to the Library, and recommendingt~t the ~
Mother Colony House Board be called to express their views on such an
arrangement, was submitted.
Mr. Murdoch reported that at the time the Mother Colony House was
donated to the City, one of the conditions of the deed from the Daughters of
the American Revolution, as well as the Resolution accepting said deed,
established a five member committee to advise the City Council on the opera-
tion and care of said property and buildings as a historical monument and
museum, and in the event through the aging of the building it would be
impractical and impossible to maintain said building as a museum, the
Advisory Board shall recommend to the City Council what disposition should
be made of the building and its contents; that the members of the Advisory
CommIttee as appointed in 1954 are: Leonard Schwacofer (now deceased),
Mrs. Sarah Pearson, Mrs. Dick Heffern, Mr. Glenn G. Fry and Mr. John J.
Dwyer (now deceased).
Discussion was held by the City Council regarding the possibility
of the Library Board being appointed as the Mother Colony Advisory Board.
At the conclusion of the discussion, Councilman Chandler moved
that the City Council concur with the recommendations of the Library Board
and that the joint meeting, as suggested, be called. Councilman Krein
seconded the motion. MOTION CARRIED.
RECLASSIFICATION NO. 59-60-28 - KEY SHOP PLANS: Request of James Pratty for
permission to erect a key shop on property of the White Front Stores, 2222
Harbor Boulevard, was submitted.
Council minutes of June 6, 1962, wherein a previous request was
denied, were read in full.
Plans submitted were reviewed by the City Council, and Councilman
Chandler moved that action of the City Council on June 6, 1962, denying said
request for a key shop, be reconsidered. Councilman Dutton seconded the
motion. MOTION CARRIED.
Mr. Gilburn, White Front Stores, addressed the Council advising
that all of the new White Front Stores being constructed include the key
shop operation.
In answer to Councilman Chandleris question, Mr. Gilburn advised
that the vegetable stand is no longer in business, however the building
still remains and it is their intent in the future to put in an outdoor-type
of sales, such as screen doors, lawn furniture, and so forth.
Councilman Chandler moved that said request for a key shop be
granted, as proposed, by plans marked Exhibit I-A, dated and signed by
Mayor Coons this date, with the further provision that plans for any future
developments or changes in the already constructed produce center or for
any additional business to replace therein, be submitted to the City
Council for approval. Councilman Krein seconded the motion. MOTION CARRIED.
RESOLUTION NO. 63R-58: On report and recommendation of the City Engineer,
Councilman Dutton offered Resolution No. 63R-58 for adoption.
Refer to Resolution Book.
,6 RESOLUTION OF THE CITY COUNCIL OF [HE CITY OF ANAHEIM DECLARING ITS
I NTENTION TO VACATE AND ABANDON AN EP,SEMENT FOR PUBLIC UTILITY PURPOSES
UPON, ALONG, OVER AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY;
FIXINC; A TIME AND PLACE FOR A HEPRING THEREON; DIRECTING THE POSTING OF
NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION. (Public hearIng
February 13, 1963, 3:00 P.M.)
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6416
City Hall. Anaheim. California - COUNCIL MINUTES - January 22. 1963. 3:00 P.M.
On roll call the foregoing resolution was duly passed and adopted
by the following vote:
AYES:
NOES:
ABSENT:
COUNC I LMEN :
COUNCILMEN:
COUNCILMEN:
Dutton, Chandler, Krein and Coons.
None.
Schutte.
The Mayor declared Resolution No. 63R-58 duly passed and adopted.
WORK ORDER NO. 4700 - HEAI:QUARTERS FIRE STATION: On report and recommendation
of the City Engineer, and Mr. Fred Cooper from the Building Department,
Councilman Chandler moved that Kieley Corporation be granted an extension
of tIme of ten working days on the Fire Station Headquarters Fire Station.
Councilman Dutton seconded the motion. MOTION CARRIED.
~
RESOLUTION NO. 63R-59: Councilman Dutton offered Resolution No. 63R-59 for
adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING THE
DEDICATION OF LOTS "A," "B," "C," "D" AND flEfI OF TRACT NO. 2738 FOR
ROAD AND PUBLIC UTILITY PURPOSES. (Pacco Construction)
On roll call the foregoing resolution was duly passed and adopted
by the following vote:
,
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Dutton, Chandler, Krein and Coons.
None.
Schutte.
The Mayor declared Resolution No. 63R-59 duly passed and adopted.
PURCHASE OF EQUIPMENT - STEEL CYLINDER PIPE: The City Manager reported on
informal bids received for the purchase of 14" and 16" steel cylinder pipe
and appurtenances, as follows, and recommended acceptance of the low bid,
in the amount of $12,205.23, including tax, from American Pipe and Con-
struction Company:
1
I
}
AmerIcan Pipe and ConstructIon Co. ,So.Gate $ 12,205.23
U. S. Industries Inc., Azusa 13,063.07
UnIted Concrete Pipe Corp., Baldwin Park 17,160.00
On the recommendations of the City Manager, CouncIlman Krein
moved that the low bid be accepted, and purchase authorized from American
Pipe and Construction Company in the amount of $12,205.23, including tax.
Councilman Chandler seconded the motion. MOTION CARRIED.
JOB NO. 4501 - CHANGE ORDER NO. 2 - ANAHEIM CENTRAL LIBRARY: On report and
recommendations of the City Engineer. Councilman Chandler moved that Change
Order No.2, in the amount of $137.73, be approved. Councilman Dutton
seconded the motion. MOTION CARRIED.
RESOLUTION NO. 63R-60: On report and recommendations of the City Engineer,
Councilman Krein offered Resolution No. 63R-60 awarding contract for the
Los Angeles Street Sewer Crossing at approximately 355 feet south of
Midway Drive, Job No. 1259, to the low bidder B. Q. Halloran Engineering
Co., in the amount of $4,603.50.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED
PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING
ALL WORK NECESSARY TO CONSTROCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT:
THE LOS ANGELES STREET SEWER CROSSING AT APPROXIMATELY 355 FEET SOUTH OF
MIDWAY DRIVE, JOB NO. 1259. (B. Q. Halloran Engineering Co.)
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6417
City Hall. Anaheim. California - COUNCIL MINUTES - Januarv 22. 1963. 3:00 P.M.
On roll call the foregoing resolution was duly passed and adopt~d
by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNC I LMEN :
Dutton, Chandler, Krein and Coons.
None.
Schutte.
The Mayor declared Resolution No. 63R-60 dUly passed and adopted.
RESOLUTION NO. 63R-6l: Councilman Dutton offered Resolution No. 63R-61 for
adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ASCERTAINING AND
DETERMINING THE PREVAILING RATE OF WAGES TO BE PAID FOR EACH CRAFT OR TYPE
OF WORKMAN OR MECHANIC NEEDED FOR PUBLIC WORKS CONTRACTS, FOR THE FURNISH-
ING OF ALL MATERIALS, PLANT, LABOR AND SERVICES FOR THE IMPROVEMENT OF
STREETS AND ALLEYS IN THE CITY OF ANAHEIM INCLUDING THE INSTALLATION OF
PAVING, CURBING, GUTTERS, STORM DRAINS AND SIDEWALKS.
On roll call the foregoing resolution was duly passed and adopted
by the following vote:
AYES:
NOES:
ABSENT :
COUNCILMEN:
COUNCILMEN:
COUNC I LM EN :
Dutton, Chandler, Krein and Coons.
None.
Schutte.
The Mayor declared Resolution No. 63R-6l duly passed and adopted.
RESOLUTION NO. 63R-62: Councilman Dutton offered Resolution No. 63R-62 for
adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ASCERTAINING AND
DETERMINING THE PREVAILING RATE OF WAGES TO BE PAID FOR EACH CRAFT, OR
TYPE OF WORKMAN, OR MECHANIC NEEDED FOR PUBLIC WORKS CONTRACTS, FOR THE
FURNISHING OF ALL MATERIALS, PLANT, LABOR AND SERVICES FOR THE CONSTRUCTION,
INSTALLATION AND COMPLETION OF SEWERS AND WATER WORKS PROJECTS IN THE CITY
OF ANAHEIM.
On roll call the foregoing resolution was duly passed and adopted
by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Dutton, Chandler, Krein and Coons.
None.
Schutte.
The Mayor declared Resolution No. 63R-62 duly passed and adopted.
Mayor Coons withdrew from the meeting because of conflict in interest rela-
tive to the next agenda item.
Mayor Pro Tem Chandler assumed the Chair and called for the next item on
the agenda.
RELOCATION OF TIDEWATER OIL COMPANY FACILITIES - JOB NO. 4806: On report and
recommendation of the City Engineer, Councilman Chandler moved that paYment
in the amount of $3,043. be authorized, to Tidewater Oil Company as compen-
sation for relocation of Tidewater facilities as result of the Orangethorpe
Avenue Street Improvement from East Street to Lemon Street, Job No. 4806.
Councilman Dutton seconded the motion. MOTION CARRIED.
RECESS: Councilman Chandler moved to recess to 7:00 P.M. Councilman Krein
seconded the motion. MOTION CARRIED.
RECESS: 5:00 P.M.
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6418
Cit
California - COUNCIL MINUTES ~ Januar
3:00 P.M.
AFTER RECESSi Mayor Coons called the meeting to order,
PRESENT:
ABSENT:
PRESENT:
COUNCILMEN: Dutton, Chandler, Krein and Coons.
COUNCILMEN: Schutte.
CITY MANAGER: Keith A. Murdoch.
CITY ATTORNEY: Joseph Geisler.
CITY CLERK: Dene M. Williams.
CITY ENGINEER: James Maddox.
ZONING COORDINATOR: Martin Kreidt.
-,
FLAG SALUTE: Mayor Coons led the assembly in the Pledge of Allegiance to
the Flag.
PUBLIC HEARING~ RECLASSIFICATION NO. 62-63-38 AND CONDITIONAL USE PERMIT NO. 317:
RECLASSIFICATION NO. 62-63-38: Submitted by Clarence Clark, requesting a
change of zone from R-A to R-3, property located on the west side of Bella
Vista Street, approximately 660 feet south of Lincoln Avenue, and approxi-
mately 660 feet east of Knott Avenue.
The City Planning Commission pursuant to Resolution No. 552,
Series 1962-63, recommended said reclassification subject to the following
condit-ions:
1 .
Dedication of sixty-four (64) feet for the extension of Del Monte Drive.
This dedication should overlay the existing Public Utility Easement
glven to the City.
Installation of sidewalks on Del Monte Drive in accordance with the
adopted standard plans on file in the office of the City Engineer.
Payment of $2.00 per front foot for street lighting purposes on Del
Monte Drive in accordance with a street light plan approved by the
Director of Public Utilities.
Payment of a Park and Recreation Fee of $25.00 per dwelling unit to be
collected as part of the Building Permit.
Provision of standard trash storage areas as determined by the Depart-
ment of Public Works, Sanitation DivisIon, prior to Final Building
Inspection.
Subject to the approval of Petltion for Conditional Use Permit No. 317.
TIme lImitation of one hundred and eighty (180) days for the accomp-
lishment of Item Nos. 1, 2, 3 and 8.
Acq~isltion of Lot E and a portion of Lot D 0 Tract No. 3886 to pro-
vide proper circulation of traffic for the subject property.
Development substantially in accordance with Revision No. 1 Exhibit
Nos. 1, 2, 3, 4, 5, and 6, provided that the building locations may be
altered subject to Development Review approval.
Enclosure of open areas between buildings Nos. 1 and 2, 3 and 4, 5 and
6, 7 and 8, and development as usable recreational areas.
2.
3.
4.
5.
6.
'7
I .
8.
"
/ .
10.
CONDITIONAL USE PERMIT NO. 317: Requesting permission to construct a
planned unit development on property described above (Reclassification No.
62-63-3S) .
The City Planning Commission pursuant to Resolution No. 553,
Series 1962-63, granted said conditional use permit, subject to the approval
of petltion for Reclassification No. 62-63-38.
Mr. Kreidt noted the location of the property, the zoning in the
immediate area, and summarized the action taken by the City Planning Com-
missIon, calling attentlon to the projected extension of Del Monte Drive.
The Mayor asked if anyone wished to address the Council for or
against the subject applications, there being no response, declared the
hearing closed.
RESOLUTION NO. 63R-63: Councilman Krein offered Resolution No. 63R-63 for
adoPtion, authorizing preparation of necessary ordinance, changing the zone
as requested, sUbject to the recommendations of the City Planning Commission.
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6419
City Hall. Anaheim. California - COUNCIL MINUTES - January 22, 1963. 3:00 P.M.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER-
MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING
SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE
CHANGED. (62-63-38 - R-3)
On roll call the foregoing resolution was duly passed and adopted
by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Dutton, Chandler, Krein and Coons.
None.
Schutte.
The Mayor declared Resolution No. 63R-63 duly passed and adopted.
RESOLUTION NO. 63R-64: Councilman Krein offered Resolution No. 63R-64,
granting Conditional Use Permit No. 317, subject to the completion of
Reclassification No. 62-63-38.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL
USE PERMIT NO. 317.
On roll call the foregoIng resolution was duly passed and adopted
by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Dutton, Chandler, Krein and Coons.
None.
Schutte.
The Mayor declared Resolution No. 63R-64 duly passed and adopted.
PUBLIC HEARING. RECLASSIFICATION NO. 62~'63-49: Submitted by Carl and Erna
Pressel, requesting a change of zone from R-2 to M-l; property located on
the south side of Santa Ana Street, approximately 230 feet west of Lemon
Street (222 and 224 Santa Ana Street).
City PlannIng Commission pursuant to Resolution No. 563, Series
1962-63, recommended said reclassification be denied.
Petition of approval signed by eight adjacent neighbors was
submitted.
Mr. Kreidt noted the location of the property and the existing
zoning in the immediate area. In calling attention to the findings made by
the City Planning Commission, Mr. Kreidt advised that this area is projected
for low density residential development, with the extension of Clementine
Street and the alley northerly to Santa Ana Street.
Mr. Kreidt further advised that it did not appear in the findings,
but the Commission felt very strongly that Lemon Street should be the westerly
extension of any industrial development, and were particularly concerned about
the future growth of thIS area between subject property and Harbor Boulevard,
and on the North side of Santa Ana Street, for additional community
facilities.
The Mayor asked if anyone wished to address the Council.
Mr. PhIllip McGraw, Attorney representing the applicant, called
attention to the fact that development would be only a portion of the parcel
described In the application, and would be for the establishment of a
welding shop in conjunction and in connection with the operation of the
apDlicantis hardware business. He called attention to the plans prepared
by Dan Rowland, Architect, indicating the layout and improvements, the
elevations of the building, location of the building, parking a~ land-
SCaplng. He stated the use proposed will be completely within the building,
and is of a light nature, and should not produce any noise, odor, or in any
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6420
City Hall, Anaheim. California - COUNCIL MINUTES - January 22~ 1963~ 3:00 P,M,
way interfere with the uses of the adjoining properties.
He further advised that the welding operation has been conducted by
the applicant within a building at his present location.
As he remembered the public hearing before the Planning Commission,
Mr. McGraw stated the discussion seemed to center around the fact that the
City Hall might possibly be located across from subject property; further,
M-l extended westerly from Lemon Street might create problems in the future.
-
Regarding the conflict of the Preliminary General Plan, in his
opinion this would be making an applicant wait until something might be
decided in the future. He felt the decision should be decided on what the
circumstances are in connection with this property and the adjacent use.
F~rther, to extend Clementine Street and the alley northerly, he felt,
would not be desirable from the standpoint of the City or the people in the
a re a .
Mr. McGraw further advised that the present use of the land was
citrus, and was not economically profitable; and in his opinion, he could
not visualize development of the land for any residential use, and felt
further that commercial use would be economically unwise.
Mr. Harold Bircher, 535 South Dickel Street, addressed the Council
favoring the reclassification, and advising that he did not approve of multiple
ho~slng on subject property nor the extension of the streets.
Mr. AKSel Oas, Anaheim Machine business, addressed the Council
favorIng the reclassification, advising that he had known the Pressel
famlly for many years, and knew that this action was planned many years
before the existence of the Planning Commission. He also disapproved the
opening of the streets to Santa Ana Street, and felt Santa Ana Street was not
a deslrable location for residential use.
The Mayor asked if anyone else wished to address the Council,
there being no response, declared the hearing closed.
In answer to CouncIl questioning, Mr. Art Pressel advised that
the basic structure of the proposed building will be masonry construction.
The front to be simIlar to the present store. Further, at the present
tlme,there are no development plans for the balance of their property to
the West. Mr. Pressel explained the operatIon of the welding shop, stating
that there will be some structural and ornamental iron work, and also
repaIr of equipment; that the same operatIon presently performed at the
store location is planned for this development.
RESOLUTION NO. 63R-65: Further discussion was held by the City Council
concerning the possibility of future uses in the area, proposed landscaping,
setbacks, and the ten foot easement indicated n the title report of the
property. At the conclusion thereof, Councilman Dutton offered Resolution
No. 63R-65 for adoptIon, authorizIng preparat on of necessary Ordinance
changing the zone as requested, subjecT to the following conditions:
1. Installation of sidewalks on Santa Ana Street in accordance with the
Adopted Standard Plans on file in the offIce of the City Engineer,
pr or to Final Building Inspection.
2. Development substantially in accordance with Exhibit marked "No.3".
3. Building setback to be ~5 feet from the new property line, and setback
area be landscaped.
4. Dedication of ten feet along Santa Ana Street for street widening
purposes, or such lesser amount as may be required by the City Engineer.
5. Provision of a modified cul-de-sac at the terminus of Clementine Street,
subject to the approval of the City Engineer, prior to Final Building
Inspection.
6. Provision of standard trash storage areas as determined by the Depart-
ment of Public Works Sanitation Division, prior to Final Building
I nspect ion.
Dedication of access rights to Clementine Street, and abutting alley
running north and south.
8. Construction of a six foot masonry block wall along the southerly
'=,""...,.,,-i~;iiiii""~"~,;:_'::,'~";;;','!'!i';,~,,-_,,":jS.~"'('-";;:--~,*",'i<;_.~,....,.",.,~~~~,,_..~_
6421
City Hall. Anaheim. California - COUNCIL MINUTES - January 22~ 1963_ 3:00 P.M.
property line, prior to building inspection.
9. Parkway area to be landscaped or, if concreted solid, five foot
square tree wells to be provided at forty-foot intervals, to be
planted with trees, subject to the approval of the Superintendent of
Parkway Maintenance, prior to Final Building Inspection.
10. Time limitation of one hundred and eighty (180) days for the accomp-
lishment of Conditions 4 and 7.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER-
MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING
SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE
CHANGED. (62-63-49 - M-I)
On roll call the foregoing resolution was duly passed and adopted
by the following vote:
AYES:
NOES:
ABSENTi
COUNCI LMEN:
COUNCILMEN:
COUNC I LMEN :
Dutton, Chandler, Krein and Coons.
None.
Schutte.
The Mayor declared Resolution No. 62-63-49 duly passed and adopted.
PUBLIC HEARING~ RECLASSIFICATION NO. 62-63-50 AND CONDITIONAL USE PERMIT NO. 330:
RECLASSIFICATION NO. 62-63~50: Submitted by Larramore Builders, Inc.,
requesting a change of zone from R-A to C-l (Parcel 1) and R-3 (Parcel 2),
property located at the northeast corner of Magnolia Avenue and Winston
Road (1250-1332 So. Magnolia Avenue).
The City Planning Commission pursuant to Resolution No. 564,
Series 1962-63, recommended said reclassification, subject to the following
conditions;
1. Dedication of Fifty-three (53) feet from the monumented centerline of
Magnolia Avenue (50 feet existing).
2. I~stallation of sidewalks and driveways on Magnolia Avenue and Winston
Road In accordance with the adop~ed standard plans on file in the office
of the Clty Engineer.
3. Payment of $2.00 per front foot for street lighting purposes on Magnolia
Avenue and Winston Road or installation of street lights on Magnolia
Avenue and Winston Road in accordance with a street lighting plan
approved by the Director of Public Utilities.
4. Payment of a Park and Recreation Fee of $25.00 per dwelling unit to be
collected as part of the BJilding Permit.
5. Provision of standard rash storage areas as determined by the Department
of PUblic Works, Sanlta~ on Div:s O[j~ pr~or to Final Building Inspection
of both the Multiple Family and Commercial developments.
t. Installation of fire nydranLs~ as deLermlned to be necessary by the City
of Anaheim Fire Department~ ~o provide adequate fire protection.
7. S~bject to the approval of Petltlon for Conditional Use Permit No. 330.
8. Dedication of a proposed cul-de-sac st~b~ said stub to be a sixty-four
(64) foot right-of-way wlth a pa width of forty (40) feet curb to
curb. "[he property Ilne radi s she 1 be fifty (50) feet and curb radius
shall be thirty-eight (38) feet.
9. Dedicat}on of first alley north of Winston Road which shall be twenty (20)
feet wide and shall be located a3 snown on Exhibit No.1.
10. Dedication of the alley aro\Jnd "Section 13", which shall be twenty (20)
~eet wide~ wIth ten (10) fool cutoffs, and which shall be located within
tne perImeter drive with all excess width oeing adjacent to the garages.
11. PreparatIon of improvement plans and installation of all improvements
for the cul-de-sac street nortnerly of WInston Road and alleys as
Indicated In Condition Nos. 9 and 0, ect to the approval of the City
EngIneer and in accordance wIth t~e adopted standard plans on file in the
office of tne C Engineer.
12. T lme limi tatlon of one hundred and el (180) days for the accomp-
lishment of Item Nos. 1, 2, 3, 9 and 10.
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6422
City Hall~ Anaheim. California - COUNCIL MINUTES - January 22~ 1963~ 3:00 P.M,
13. Provision of a five (5) foot public utility easement along the northerly
and easterly boundary of the subject property to adequately serve the
subject property and other properties, at the time of the installation of
the service facilities.
14. Construction of a six (6) foot masonry wall between the proposed C-l,
Neighborhood Commercial, Zone and the R-3, Multiple Family Residential,
Zone to prohibit ingress and egress between the two developments.
15. Detachment of the proposed trash storage areas from the garages or fire
proof construction of said trash storage areas.
16. Provision of six (6) foot masonry walls along the east boundary of
subject property where garages do not abut said property line.
17. Reduction of the proposed commercial floor area to meet Code parking
requirements in order to provide a periphery drive around the commercial
development.
18. Revision of building "c" apartments to provide a minimum seven hundred
(700) square foot floor area in accordance with Code requirements.
19. Revision of building "c" to increase the InterIor courts to a minimum
of twenty-five (25) feet or redesign the building to eliminate the four
(4) foot wide corridors.
20. Revision of the three-bedroom floor plan of buildings "A" and "B" to
provide a minimum of nine-hundred (900) square feet area in accordance
with Code requirements.
21. Identification of the materials to De used on the elevations, in
addition to the completion of the elevations including elevations for
the proposed garages, to be submitted in sufficient time to review said
elevations prior to subject petition being heard at a public hearing by
the City CouncIl.
22. lnstallation of a six (6) foot landscaping area abutting the proposed
Magnolia Avenue commercial development, prior to Final Building Inspection.
23. Installation of tree wells at forty (40) Foot intervals in the parkway
portion of Magnolia Avenue, plans for said landscaping to be submitted to
and sUbject to the approval of the Superintendent of Parkway Maintenance,
and said landscaping to be installed prior to Final Building Inspection,
CONDITIONAL USE PERMIT NO. 330: Requested permission to construct a planned
unit development, and waiver of one story height limitations (Parcel 2),
property described above (Reclassification No. 62-63-50).
The City Planning Commission pursuant to Resolution No, 565, Series
1962~63, granted said Conditional Use Permit. subject to the approval of
peti~lon for Reclassification No. 62-63-50.
The City Clerk reported that a telephone call was received in her
office from Mr. Wilsey, requesting said public hearing be continued two weeks
to allow additional time for the Tevlsion of plans for the planned unit
development, so as to conform with the City Building Code.
The Mayor asked if anyone was present on this matter and wished to
address the Council. There was no response.
On motion by Councilman Krein, seconded by Councilman Dutton,
pUblic hearing on Reclassification No. 62-63-~0 and Conditional Use Permit
No. 330, was continued to Wednesday, February 13, 1963, 7:00 P.M., in
accordance with the verbal request. MOTION CARRIED.
TERMINATION - ZONING ACTIONS: In accordance with City Planning Commission Reso-
lution No. 587, Series 1962-63. the following zoning actions were recommended
for termination:
VARIANCE NO. 877: Submitted by Raymond Spehar, requesting permission to
erect two, 4~ X 6' permanent signs on property located on the north side
of La Palma Avenue, between Brookhurst and Euclid Street, 1761-1769 La
Palma Avenue.
VARIANCE NO. 977: Submitted by Dr. William A. Bumstead, requesting permis-
SIon to erect a commercial neon sign at 1715 West La Palma Avenue.
';:;~',,",.....;,..,>~:~.,':,
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-
6423
Cit Hall Anaheim California - COUNCIL MINUTES - Januar 22 1963 3:00 P.M.
VARIANCE NO. 1002: Submitted by Paul Leiter~ requesting permission to
erect two commercial neon signs; one to be located on the roof of the
building and one at the front property line at 1719 West La Palma Avenue,
VARIANCE NOS. 1083, 1084, 1085 -and 1086: Cunningham Constructi on Company,
requesting permission to erect temporary directional signs advertising
sales within Tract No. 2797.
VARIANCE NO. 1177: Submitted by Kenneth K. Kimes, requesting permission
to construct a 38 unit motel, managerVs residence and laundry rooms, on
property located on the north side of Katella between Harbor Boulevard
and West Street.
VARIANCE NO. 1231: Submitted by Leo W. Cetnar, waive height restrictions
to construct two story, seven unit apartment building on property located
on the south side of Wilken Way, the northwest Corner being 135 feet east
of the southeast corner of Wilken Way and Haster Street.
VARIANCE NO. 1383: Submitted by Paul Leiter, requesting permission to
waive maximum height limitations, establish an office building in the M-l
Zone, waive minimum parking space requirements, 1535 South Los Angeles
Street.
CONDITIONAL USE PERMIT NO.4-59: Submitted by Pacific Park, Inc.,
requesting permission to establish a drive-in dairy on property located
at 510 South Brookhurst Street.
REVIEW NO. 16: Submitted by Wilton Abplanalp, establish a trilller park at
3345 West Lincoln Avenue, north side of Lincoln Avenue between Knott and
Western Avenues.
REVIEW NO. 20: Submitted by W. C. Steffens, requesting permission to con-
struct a recreation center consisting of ice skating rink, coffee shop,
snack bar, bowling center, swimming pool, miniature golf course and other
similar and related uses on east side of Placentia, between Orangewood and
Chapman, north of Orange Drive-in Theater.
SPECIAL USE PERMIT NO. 73: Submitted by the Y. M. C. A., requesting per-
mission to build and operate a comprehensive Y.M.C.A. facility, northeast
corner of Loara and BToadway.
SPECIAL USE PERMIT NO. 74: Submitted by Gordon W. Dooley, requesting per-
mission to teach private swimming lessons in a 209 by 409 commercial pool
at 842 South Knott Avenue.
CONDITIONAL USE PERMIT NO. 238: Submitted by Richard J. and Virgil C.
Collier, establishing a nursing home on the northeast Corner of Nutwood
and Katella Avenues, 1885 West Katella Avenue.
Discussion was held concerning the status of the above zoning
actions, and it was the opinion of the City Attorney that all of the con-
dltions of a variance or conditional use permit must be met and the use
commenced within the specified time limit to legally activate a variance
or conditional use permit.
RESOLUTION NO. 63R-66: Councilman Chandler offered Resolution No. 63R-66
for adoption, terminating all proceedings in accordance with the recom-
mendations of the City Planning Commission, with the exception of Sp~cial
Use Permit No. 73.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL
PROCEEDINGS IN CONNECTION WITH CERTAIN VARIANCES, CONDITIONAL USE PERMITS
AND SPECIAL USE PERMITS, AS MORE PARTICULARLY HEREINAFTER DESCRIBED.
~_~C...'
6424
City Hall, Anaheim. California - COUNCIL MINUTES - January 22, 1963, 3:00 P.M.
On roll call the foregoing resolution was dUly passed and adopted
by the following votei
AYESi
NOES:
ABSENT:
COUNCILMEN:
COUNCI LMEN:
COUNC I LMEN :
Dutton, Chandl~r, Krein and Coons.
None.
Schutte.
The Mayor declared Resolution No. 63R-66 duly passed and adopted.
SPECIAL USE PERMIT NO. 73: The City Attorney was requested to further
check into the status of Special Use Permit No. 73 to r~port back to the
City Council at a subsequent date.
-,
COUNTY USE VARIANCE NO. 5091: Located on the east side of Brookhurst Street,
approximately 500 feet north of Lincoln Avenue, requesting to establish a
termite control office.
The City Planning Commission recommended approval, with certain.
suggested conditions. No further action was taken by the City Council,
COUNTY USE VARIANCE NO. 5093: Property locat~d at the northeast corner of
Orangethorpe Avenue and Richfield Road, requesting permission to continue
the use of (1) Farm Labor Camp and Farm Implement Area, (2) establishment
of a horticultural storage warehouse.
Council.
No action was taken by the City Planning Commission or City
CONDITIONAL USE PERMIT NO. 300 - REVISED PLANS AND EXTENSION OF TIME: Originally
requested by Mr. and Mrs. Douglas J. Carruthers to construct main office of
Global Van Lines on property located on the southwest side of the Santa Ana
Freeway, south of Ball Road.
Extension of tlme to September 27, 1963, granted by the City
Planning Commission, and revised plans approved by the City Planning Commis-
sion January 21, 1963, were submitted and reviewed.
Action taken by the City Planning Commission was sustained by the
City Council.
VARIANCE NO. 1488 - EXTENSION~F TIME: Request of p. C. Chao for six months
extension of time to Variance No. 1488 was submitted and granted, on motion
by Councilman Dutton, seconded by Councilman Krein. MOTION CARRIED.
(Councilman Chandler abstained from voting or taking any part
in the above action.)
CORRESPONDENCE: The following correspondence was ordered received and filed,
on motion by Councilman Dutton, seconded by Councilman Chandler. MOTION
CARRIED:
a. Feather River Project Association.
b. Orange County Mosquito Abatement District Minutes of November 16, 1962.
c. Anaheim Citizens' Civil Defense Committee Minutes of December 4, 1962
and January 2, 1963.
d. Westridge Home Owners Association, dated January 9, 1963.
ORDINANCE NO. 1802: Councilman Chandler offered Ordinance No. 1802 for final
reading.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI-
CIPAL CODE RELATING TO ZONING. (62-63-43 - C-1)
After hearing read in full the title of Ordinance No. 1802 and
havlng knowledge of the contents therein, Councilman Krein moved the
reading in full of said Ordinance be waived. Councilman Chandler seconded
the motion. MOTION UNANIMOUSLY CARRIED.
,_........,.,~~~".~,...c:-'-
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6425
Cltv Hall, Anaheim, California - COUNCIL MINUTES - January 22, 1963~ 3:00 P.M,
On roll call the foregoing Ordinance was duly passed and adopted
by the following vote:
AYES:
NOES:
ABSENT:
COUNCI LM EN:
COUNCILMEN:
COUNC I LMEN:
Dutton, Chandler, Krein and Coons.
None.
Schutte.
Mayor Coons declared Ordinance No. 1802 duly passed and adopted.
ORDINANCE NO. 1805: Councilman Dutton offer~d Ordinance No. 1805 for final
reading.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.80 OF
THE ANAHEIM MUNICIPAL CODE BY AMENDING SECTION 18.80.090 AND BY REPEALING
SECTION 18.80.100, RELATING TO FLOOR SPACE REQUIREMENTS.
Aft~r hearing read in full the title of Ordinance No. 1805 and
having knowledge of the contents therein, Councilman Krein moved the
reading In full of said Ordinance be waived. Councilman Chandler seconded
the motion. MOTION UNANIMOUSLY CARRIED.
On roll call the foregoing Ordinance was duly pa~~ed and adopted
by th~ following vote:
A YES :
NOES:
ABSENT:
COUNC I LM EN:
COUNCILMEN:
COUNCILMEN:
Dutton, Chandler, Krein and Coons.
None.
Schutte.
Mayor Coons declared Ordinance No. 1805 duly passed and adopted.
ORDINANCE NO. 1807: Councilman Chandler offered Ordinance No. 1807 for final
reading.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI-
CIPAL CODE RELATING TO ZONING. (62-63-2 - R-3, Parcel 3 Only)
After hearing read in full the title of Ordinance No. 1807 and
having knowledge of the contents therein, Councilman Krein moved the
reading in full of said Ordinance be waived. Councilman Chandler seconded
the motion. MOTION UNANIMOUSLY CARRIED.
On roll call the foregoing Ordinance was duly passed and adopted
by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNC ILMEN:
COUNCILMEN:
Dutton, Chandler, Krein and Coons.
None.
Schutte.
Mayor Coons declared Ordinance No. 1807 duly passed and adopted.
ORDINANCE NO. 1809: Cou~cilman Chandler offered Ordinance No. 1809 for first
reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI-
CIPAL CODE RELATING TO ZONING. (62-63-19 - R-3)
After hearing read in full the title of Ordinance No. 1809 and
having knowledge of the contents therein, Councilman Krein moved the
reading in full of said Ordinance be waived. Councilman Chandler seconded
the motion. MOTION UNANIMOUSLY CARRIED.
Because of possible conflict of interest, Mayor Coons withdrew from acting
on the following issue and requested Mayor Pro Tem Chandler to preside.
~"_.,,,,-,"'''''4'''''_'_'''__.''''_'_'''-'''-''''.='~'..;''~'''''''_''''"'__....__"_.,_'""~_..........~__"..~_.
6426
City Hall, Anaheim. California - COUNCIL MINUTES - January 22. 1963. 3:00 P.M.
ORDINANCE NO. 1810: Councilman Krein offered O~dinance No. 1810 for first
reading, amending Ordinance No. 1793 regarding Reclassification No.
61-62-78.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 1793 IN
RECLASSIFICATION PROCEEDINGS NO. 61-62-78. (Lin-Brook Hardware - description)
After hearing read in full the title of Ordinance No. 1810 and
having knowledge of the contents therein, Councilman Krein moved the read-
ing in full of said Ordinance bQ waived. Councilman Chandler seconded
the motion. MOTION UNANIMOUSLY CARRIED.
RESOLUTION NO. 63R-67: Councilman Dutton offered Resolution No. 63R-67 for
adoption, amending Resolution No. 62R-619 regarding Conditional Use Permit
No. 248 (Rau - description of property).
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLU-
TION NO. 62R-619 GRANTING CONDITIONAL USE PERMIT NO. 248.
On roll call the foregoing rQsolution was duly passed and adopted
by the following vote:
AYES: COUNCILMEN: Dutton, Krein and Chandler.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: Schutte.
ABSTAINED FROM VOTING: COUNCILMEN: Coons.
Mayor Pro Tem Chandler declared the foregoing resolution duly
passed and adopted.
Mayor Pro Tem Chandler turned the meeting back to Mayor Coons.
ASSIGNMENT - COUNTY USE PERMIT NO. 1004: On motion by Councilman Krein, seconded
by Councilman Dutton, assignment of Orange County Use Permit No. 1004 granted
to the City of Anaheim by the Orange County Planning Commission to Southern
California Water Company, was authorized. MOTION CARRIED.
ALCOHOLIC BEVERAGE CONTROL APPLICATION: Application submitted by Hill Street
Motel Corp. for Person-to-Person and Premises-to-Premises transfer of On-
Sale General License for the Showboat Rpstaurant, 1747 South Harbor Blvd.,
was submitted, with no further action taken by the City Council.
PROPOSED PURCHASE - DYKE WATER SYSTEM: Councilman Chandler brought up for dis-
cussion the matter of negotiation for the purchase of the Dyke Water System.
He stated that inasmuch as there has been an interest expressed at this time
by the Dyke Water Company of entering into some type of stipulation and
arrangement for the City to take immediate possession of the system upon
Anaheim paying a specific amount down, and a balance based upon the deter-
mination of value by the Public Utilities Commission; that the City in order
to eliminate the unpredictable value which might be set by the Public Utili-
ties Commission should make a definite offer to purchase that portion of the
Dyke System which is covered by the Anaheim pleadings in the Public Utilities
Commission matter.
Councilman Chandler further stated that, in his opinion, the
offer should be somewhere in the neighborhood of $1,900,000.00 which would
be a figure between the valuation figures set by the CityVs Water Depart-
ment and the figure of the Montgomery Report.
A summary of discussion is as follows:
Mayor Coons stated he felt this was a reasonable position; that the
CityVs Water Department had made an appraisal of the system, and this apprai-
sal had come out considerably less than the Montgomery Report, and, as he
recalled the figures, the amount of $1,900,000. would be a pretty even split
between the Montgomery Report and the appraisal made by the City Water
Department. This appeared to him to be a fair figure.
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6427
City Hall~ Anaheim. California - COUNCIL MINUTES - January 22~ 1963_ 3:00 P.M.
Mayor Coons further stated that it was his understanding of
Councilman Chandler's proposal, that we make a flat offer of $1,900,000.
for all of the Dyke System~ lock, stock and barrel~ which is within the
City of Anaheim~ and the other areas outside the City of Anaheim which
are covered in our action in the Public Utilities Commission.
Further discussion was held regarding the Montgomery Report
and the appraisal made by the City Water Depart~entf Mayor Coons stated
that the appraisal by the City Water Department did not include a couple
of small areas, or tracts in the City of Orange that are involved in the
Public Utilities Commission action which would be covered by our offer.
Councilman Dutton asked what the appraisal of the Montgomery
Report was. and City Manager, Keith A. Murdoch, advised that he did not
have the Montgo~ery figure with him, but would check on that figure.
Mayor Coons stated there has been some depreciation and some
appreciation since the Montgomery Report and some additions to it, which
have been incorporated in the updated appraisal by the City Water Depart-
ment.
Councilman Chandler noted that in the appraisal by the City Water
Department, there are some omissions on the inventory of the system from
carrying forward from the map of the system to the tallied inventory
figures set out in the report, but that these figures were being checked
and could be tallied. This would indicate that when adjusted our appraised
valuation of the system would be in excess of the amount reported by our
Water Department, and would, therefore, justify an offer in excess of the
Cityis current appraisal.
Mayor Coons stated that the offer should be made on the basis of
paying a portion of the money immediately and taking immediate possession,
with the balance being deposited in escrow to be turned over when clear
title to the property can be transferred.
Further discussion was held, and Councilman Chandler agreed that a
provision would have to be made for some type of trust fund, or deposit, to
clear the pay-back agreements which might constitute a lien upon the
property, and also that the title to all real property owned by Dyke must
be cleared of encumbrances and transferred.
Mayor Coons stated that he did not intend that they need to clear
title where the conflict in title was between the Dyke System a~d the City
of Anaheim. That so far as this part was concerned, that the City was
interested only in having clear title vested in the City of Anaheim for the
System for the payment of $1,900,000., but that he felt all questions of
title between Dyke and other outside or private persons would have to be
cleared as a condition of transfer; and, any real property or properties
where title could not be cleared so as to vest clear title in the City of
Anaheim would be removed from the purchase and sale and the price reduced
by this amount; that a trust fund would have to be set up for the pay-back
agreements so that the City would not acquire the system subject to any
obligation for pay-backs.
The Montgomery Report was brought into the Council Chambers and
discussion was held pertaining thereto.
The City Manager reported that the valuation of the tangible
assets in the Montgomery Report was $1,900,000. but that in addition to the
tangible assets there were intangible assets and further, there has been an
increase to the system since the Montgomery Report. The Montgomery Report
adjusted for the additions to the syste~ and including the intangibles would
indicate a valuation of approximately $?,300,000.
Mayor Coons stated that at the time of the Montgomery Report we
definitely disagreed with the valuation as computed by Montgomery, and this
was the reason we had our own valuation and analysis made by the City Water
Department.
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6428
City Hall. Anaheim. California - COUNCIL MINUTES - January 22. 1963. 3:00 P.M.
Mayor Coons further stated that the Montgomery Report did note
that there were several questions as to title in Dyke. and that some portions
of the system set forth in both the Montgomery and our evaluations were
properties where the City of Anaheim claims ownership adverse to Dyke's. He
further stated that this offer of $1,900,000. would not be diminished by
Anaheim's claim of title, and therefore, constituted a further concession
in an attempt to finally settle the matter.
Councilman Dutton stated that as he understood the proposal,
that upon the payment of $1,900,000. we would have the full "pink slip" to
the property and system.
-
intent.
Mayor Coons and Councilman Chandler replied that this was the
Discussion was held pertaining to the negotiations two years ago
in connection with Garden Grove and the method of handling the transaction at
that time, and as to the negotiations and process in connection with Anaheimvs
continued attempts to acquire the Dyke Water System.
Mayor Coons asked the City Manager if, in his opinion, he thought
the figure of $1,900,000. was a fair offer.
Mr. Murdoch replied that in his opinion it was a fair offer; and
that the verbal offer which he had been negotiating with Dyke's Attorneys
was based upon immediate possession of the system with the City paying our
appraised figure of approximately $1,750,000. as a down payment, payable
$1,300,000. now wIth the balance paid before July 1, 1963, and with an idea
of continued negotiations for settlement of value, but with the value to be
determined by the Public Utilities Commission if we could not agree, but
that in any event, we would pay not less than our appraised figure.
Mayor Coons stated that this would in effect be an agreement to
buy at an indefinite figure to be determined by the Public Utilities Com-
mission, where a floor would be placed upon the purchase price but no
ceiling.
Mr. Murdoch stated that in effect. this would be true, but
Councilman Chand1eris proposition would be an offer of settlement at a
specific figure with no ifs, ands or buts, and that he felt this to be a
reasonable settlement figure.
Mayor Coons stated that in his oplnlon he could not go for the
proposition where we agree to buy the facility with a floor on the price but
no ceiling.
Councilman Chandler felt a direct offer of settlement was pref-
erable to entering into an agreement where the price is uncertain.
Mayor Coons asked Councilmen Krein and Dutton for their opinion.
Councilman Krein advised that he was not prepared at this time to
commit himself one way or the other as he felt he would have to study the
matter more fully before he could take any vote in the matter.
Councilman Dutton advised that there were many facets to be
considered, but in considering the appraisal made by Gus Lenain of our
Water Department, and the Montgomery Report, he felt that this was a fair
offer to be made.
Mayor Coons stated that in his opinion it was a fair offer.
Councilman Chandler stated he felt this was the proper thing to
do, to remove the uncertainty in an attempt to settle the matter once and
for all. He felt this figure of $1,900,000. was a fair and proper offer
to make.
Councilman Krein stated that since we did not know whether the
Dyke Water Company would accept the offer, that making such an offer would
not necessarily remove the uncertainty. He did not know whether making the
offer was appropriate.
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6429
City Hall~ Anaheim~ California - COUNCIL MINUTES - Januarv 22. 1963. 3:00 P.M.
Mr. Geisler, City Attorney, summarized the discussion and asked
the Council whether it was their intent to have him make a definite offer
to Dyke's Attorneys for the City of Anaheim to purchase the portion of the
Dyke Water System covered by the Anaheim proceedings in connection with the
Dyke Water Company now pending with the Public Utilities Commission, subject
to proper agreements for payment of the amount~ and subject to necessary
and proper safeguards to assure that the City would acquire clear title to
the properties, including some approved method of deposit in trust to assure
clearance of any claims by reason of pay-back contracts.
Mr. Geisler asked if the City Council wished to put this into a
form of a motion.
Councilman Chandler stated that he felt that the foregoing dis-
cussion should be a clear indication of authorization to the City Attorney,
but he felt that a motion was not necessary since the Council had already
by their Resolution authorizing the filing of the petition with the Public
Utilities Commission, declared their intent to acquire the Dyke System.
He felt the City Attorney had the right to negotiate for the settlement of
the pending litigation.
He further stated that they could not, in his opinion, take any
binding action until the specific terms of the contract were worked out if
the offer was accepted.
Mr. Geisler stated that he felt this was a reasonable interpretation
based upon the discussion and views expressed by the Councilmen and would
make a firm offer to the Dyke Water Company through their Attorney contain-
ing the provisions as set forth by the Council discussion.
Mayor Coons stated that insofar as he was concerned, the figure
of $1,900,000. was the top offer that the City would make.
Councilman Chandler and Councilman Dutton concurred with Mayor
Coons' statement.
ADJOURNMENT:
motion.
Councilman Krein moved to adjourn.
MOTION CARRIED.
Councilman Dutton seconded the
ADJOURNED: 10:00 P.M.
SIGNED:,M~A ~,~/~
City Clerk
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