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1963/01/29 6430 City Hall. Anaheim. California - COUNCIL MINUTES - Januarv 29. 1963. 3:00 P.M, The City Council of the City of Anaheim met in regular session, PRESENT: ABSENT: PRESENT: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. COUNCILMEN: None. ASSISTANT CITY MANAGER: Robert Davis. CITY ATTORNEY: Joseph Geisler. CITY CLERK: Dene M. Williams. DIRECTOR OF PUBLIC WORKS: Thornton E. Piersall. CITY PLANNING DIRECTOR: Richard Reese. ASSISTANT CITY ENGINEER: Ralph Pease. ASSISTANT PLANNER: Marvin Krieger. - Mayor Coons called the meeting to order. MINUTES: Minutes of the Anaheim City Council meetings of January 15 and 18, 1963~ were approved on motion by Councilman Krein, seconded by Councilman Schutte. MOTION CARRIED~ REQUEST - SMITH-REAFSNYDER FURNITURE COMPANY FOR ENCROACHMENT PERMIT: Request of Smith-Reafsnyder Furniture Company for encroachment permit across City parking lot west of 151 North Los Angeles Street to allow for proper ingress and egress to service their new two story addition, was submitted at the meeting of January 22, 1963, and continued to this date. Mayor Coons advised that a meetIng of the property owners regarding development of the proposed Downtown Shoppers Mall was held and many issues pertaining to the proposed development were resolved; however, there are still matters upon whIch no agreement has yet been reached, and the meetings are continuing~ Councilman Dutton moved that said request for encroachment easement be again continued for one week, February 5, 1963, 3:00 P.M., for further report, Councilman Krein seconded the motion. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 234 - NORTH STREET SETBACK: Request of Mr. Stanley Backlund for reconsideration of a plot plan, as to the setback from North Street of a service station being constructed at the northwest corner of East and North Streets, was submitted at the meeting of January 22, 1963, and continued to this date for further investigation and report. Mr. Marvin Krieger reported on field check made and measurements taken of the distances from the centerline of the street, and submitted aerial photos of the area in question, indicating that the residences that were removed to allow the construction of the service station were closer to North Street than the remaining houses, the garage of one of the then existing residences being sixty-seven feet nine inches from the centerline of the street; that the service station is constructed sixty-five feet from the centerlIne of the street. Discussion was held, and it was determined that there was not substantIal variance in construction to warrant change of the setback on North Street. It was moved by Councilman Dutton, seconded by Councilman Schutte, that no further action be taken on Mr. Backlundvs request. MOTION CARRIED ~ PUBLIC HEARING - YORBA LINDA ANNEXATION: Public hearing relative to the Yorba Linda Annexation was recessed from the meeting held January 18, 1963 for the filing of supplemental protests to the proposed annexation. The City Clerk verbally reported that additional protests and withdrawals of protests were received just prior to this meeting, too late for tabulation and report at this time; however, the value of supple- mental protests received, whose ownership has been determined from the last equalized assessment roll, is $68,205.00; and the value of property withdrawing protests previously filed is $8,560.00. The City Clerk advised that these amounts were tentative, and that certification of total protests to said annexation will be prepared for the next meeting. 6431 City Hall. Anaheim. California - COUNCIL MINUTES - January 29. 1963. 3:00 P.M. The Mayor announced that requests have been received for exclusion of certain parcels. A map of the proposed Yorba Linda Annexation indicating those parcels requesting exclusion was placed on the east wall of the Council Chambers, and individual parcels, their ownerships and acreages, noted in relation to the boundaries of the Yorba Linda County Water District and Yorba Linda LIbrary District. Mr. Fred Sorsabal advised that the total acreage requesting exclusion was 371~23 acres; that the maximum allowable exclusion under the five per cent provision of the Government Code would be 311 acres. Discussion was held concerning problems created by the partial exclusion of properties, and also the problems of partial exclusion of those properties within the Water District and Library District. It was reported that the boundaries of the proposed annexation were drawn as nearly as possible to encompass the total unincorporated area of the Yorba Linda Water District and Library District. Mr. Sorsabal reported that to comply with request for exclusion in the western area of the annexation would require partial exclusion of certain properties southeasterly of Tract No. 4405, in order to maintain contin~ity and to include properties in said tract favoring annexation. Mr, Robert DavIs reported that the large parce~ in the northeast sectIon of the proposed annexation owned by Shell Oil Company have requested exclusion because of service committments made with the City of Brea. After further contacting the Shell Oil Company it was learned that they would have no objections to the inclusion of the three small parcels that lie within the Yorba Linda County Water District. He further reported that it was the thinking of the staff that those areas within the Water District and Library District should be retained in the annexation. The one parcel requesting exclusion~ not in either the Water District or Library District is a parcel of property owned by Mr, Bradford~ and to exclude this parcel would eliminate the corridor necessary to include those properties westerly of the Bradford property. Owners of the Yarnell property (77-01-07) by petition have requested total exclusion of their properties, while the lessees of the Yarnell property Texaco Company) have requested exclusion with the exception of the northerly approximate 205 feet. The Texaco Company has requested only the exclusion of the property which, in their opinion, would not affect the annexation, At the conclusion of the discussion, it was moved by Councilman Schutte, seconded by Councilman Krein to exclude that portion of the Shell Oil Company property that is presently by agreement committed to the City of Brea, being as follows: 65-192-l5 - 79~93 acres 65-192-29 - 78~18 acres 158.11 acres MOTION CARRIED w Mro R~ssell Smith, owner of approximately eight acres included in the proposed annexation (75-270-21 and 75-270-22) and joint owner of approximately twelve acres to the North (City of Placentia) omitted from the proposed annexation, advised that his request for exclusion was based on committments made to the subdivision developer of the property to the West, which is in the City of Placentia, and also to retain his property for future annexatIon to the City of Placentia. He further advised that both parcels of property in which he has an interest lie within the boundaries of the Yorba Linda County Water District~ ""~;'''''~.;i'>i;-I'''''';'4-'.;j,i,-..;",.,.-)~#>,Hi{'''':..;''ii_i''~ 6432 City Hall.a Anaheim" California- COUNCIL MINUTES - January 29. 1963. 3:00 P.M.. On motion by Councilman Dutton, seconded by Councilman Schutte, exclusion of the following Smith property was authorized: 75-270-21 - 4.69 acres 75-270-22 - 2~82 acres 7,,51 acres MOTION CARRIED ~ ~ Mra Loren Kelsey~ representing Texaco Company, addressed the Council advising that tneir req~est for exclusion of the Yarnell property, with the exception of 200 feet, was wlth the understanding that the 200 feet would provide an ample orridor and would not interfere with the annexation of those properties to the West. He further stated that the corridor width needed to meet the reqLirement3 of the law would be agreeable with the Texaco Company, Mr. Kelsey was of the opinion that the Orange County Boundary CommissIon would have no dlffi n approving an annexation boundary, even though it cuts property linesg if the cut of the property line is agreeable to the owners of the property. Disc~ssion was held by the City Council, and it was noted that in order to maintain an adequate corridor~ it would be necessary to cut several parcels of proper~y. Possible problems created such as assessment and taxa- tion was considered. At the cone sion of the dscussion, it was determined that before any split of parcels is conSIdered by the City Council, an agreement to cut the property lInes should be furnished by the property owners. Mr, Bradford addressed ~he Council advising that he was respon- sible for the filing of the req~est for exclusions~ He felt the time spent by the C Council in analyzing these requests was well spent, however called attention to the fact tha~ the strip from Van Buren Street westerly was not included In the orIginal map of annexation~ and in his opinion was included at the req~est of a sundlvis on developer. It was apparent to him that in this area many people do not wish to 6e included in the annexation, and in fairness felt thac these people who have requested exclusion and can be excluded withoul jeopardiz the annexation of the Yorba Linda area should be consldereda He referred to the map indicating how, in his opinion, this could be accomplished. It was determined by the C Council that the motions previously made conCernIng exc usions and tne indications of further exclusion would be subject to the abil to properly describe the property~ and also subject to the consent of a partIal delIneation of a property owner. At the conclLsion of the discu5sion~ it was moved by Councilman Schutte, seconded by Councilman Chandler, that Mr~ Fred Sorsabal of the City Manager's office and the Right of Way Division of the City Engineering Department prepare a new description of the annexation area, which would exclude as much of the corrIdor area requesting exclusion as is possible, maintaining legal control and witho~t endangering or jeopardizing the annexation proceedings. Said exclusions are not to exceed a margin of error of eleven acres. MOTiON CARRIED~ Mayor Coons dec~ared the pUblic hearing on the proposed Yorba Linda Annexation closedG On motion by Co~ncilman Krein, seconded by Councilman Dutton~ action of the City Council was continued to the next meeting (February 5, 1963, 3:00 P~M~). MOTION CARRIED~ CITY OF ANAHEIM OLIVE HILLS RESERVOIR ANNEXATION: On motion by Councilman Chandler, seconded by Councilman Dutton~ the Mayor and C Clerk were authorized to sign request for the City of Orange to grant their consent to the annexation of the City of Anaheim~ and also authorize the Mayor and City Clerk to sign the petition, on behalf of the City, as a property owner~ requesting annexa- tion to the City of Anaheim. MOTION CARRIEDo ~~~'/':ii>"~.io"","';~~'~:4,~,':::;,' 1 6433 Citv Hall~ Anaheim~liI0rnla - COLJI'CIL M.l.NUTES - January 29. 1963. 3:00 PaMa RESOLUTION NOw 63R-68: CouncIlman SchGtte offered Resolution No. 63R-68 for adoption, consenting to the C of Orange Annexation No. 207. Reter to Re301 ion BOOk. A RESOLUTION Ol-:'HE CL.Y COuNCiL OF THE CI'lY OF ANAHEIM CONSENTING TO THE ANNEXATION TO iHE Ci OF ORANGE OF fERRriORY KNOWN AND DESIGNATED AS CITY OF ORANGE ANNEXA. ION NO 207, On rol caJ the toregolng reso1 tion was duly passed and adopted bytne following Jote: AYES: NOES~ ABSEN~ ~ CDuNC L LMEN: COUNe I LMEN: COUNCILMEN: D~tton, Chandler, Schutte, Krein and Coons. None" None, MayOI de~ldred Resol~tion No. 63R-68 duly passed and adopted. CONTINUED E,UBLIC HEARINg - AMENDMENTS TO M-l AND M-2 ZONES: Pursuant to City Planning Comm13s1on Resol ons Nos~ 481 and 482, Series 1962-63, recommen- ding amendmenl~ta T cIe 18, ChapLeTs 18a52 and 18~56 of the Anaheim Muni Ipal Code, pcbllC near~ng was held before the City Council January 15, 19631 and ~nLed La thl.s date for inclJsion of suggested additional changes. C0 11 reviewed the proposed drafts presented, and dlscus5icn wa5 neJd WI Mr. Reese, C Planning Director~ lLe Mayor d3Ked It anyone wlsned to address the City Council, ~~nere De~n9 (,0 resp0Ii3e~ je,laredtne hearlngs closed. ORDINANCE NO" 1811: Co' LJman ScnJl-te offered Ordinance Noo 1811 for first reading, ir. aCLorddn~e wiLhthe recommendations of the City Planning Commission mali\.ed EXLlul.t Aj as amended, January 15, 1963, pertaining to Chapter 18~52, M-I L~ Indcs al Zone, with the following additional amendment 3 ; Section 8~52~n20, PERMr-,ED BU~iDlNGS., S:~RUCTURES AND USESo The first paragraphchereof to De amended as fOllows: i'he following buildings, strJcti.,re3 and.,5es) E~,_ Lr~.er s ng1 or lrl ombination are permitted in the M.,} Zone, :t1e fo low:uig ,-,G8'::> , excepl agTl ...:It'-iral crops, shall be con- di-"cted wrol Ly Wl dun.:j ...id eXLep as [Jerein otherwise provided. Sectl Works C1 d) i., =a vim 119 _::i."- DOOR uSES. u De amended as follows: (3) Public ;)t::~ \.i '- an:is vI eJe;~tr'ical recei ving and/or AN JRO I NiV'JCLJi I THE ANAHf_M M .C FAl f~~JArL ~M AMt f\jLL Nu . LE 18 ~ CHAPTER 18.52 OF FiLLA ~N,_j ~'JNL~~j., rav readl AT K ,W.... e,JJ ,. r '1.1:-: vt Ordinance No. 1811 and lman Chandler moved the Ilman Dutton seconded i \..1 \...... ,; ':::J ..,~. ,jk '':: W:j "c.,j, 1::.0 m .~ ,~ . u ~;JN ORD ~~lliL_;;..~l.~ ~ ~. .. iTa ci fl ",r vttel Ordinance No~ 1812 for umm~~dat ons of the City Planning dil.az J..53 1963, pertaining to j aLd fjI'ther amended as follows: fiL3 .reao_ .! ~ d L w. ' L. omm 1 ~ :; .'- rL ii ~ '::.'J d ,) Cr1apt,er~ Q 1. \.j ''J M- he;] . => 0~ <.::1.i L_ S e ,_ v 1- 'J Ii "1 F buLLD ::;lRLC URES AND USESd The first lullUWo: [he following buildings, ""rTiL - na c..lon are permitted in the \:u W!:uliy vvi~rdn a bLiild ng, except as paras:.: apt~ ..) ~r uL i~'E' M <2 Ll '--' ~ '. f~ 1 ~/O f:t;: d11e;; JeJ d..1 Cl 'J .:J ~ her' fJ AI, 1:3:' W; ::> J e ..;; ;) ':l ,,\..// ,'J j J. AN ORD NANC f:: :'HE ANAHEIM MU[\J c AN AH 1: J. M i'lNL~. ND NCl ~; LE I89 CHAPTER 18.56 OF .FAL _.1 R L L fl, ; N.] ,/,,~~'N N~] 6434 City Hall. Anaheim. California - COUNCIL MINUTES - January 29. 1963. 3:00 P.M, After hearing read in full the title of Ordinance No, 1812 and having knowledge of the contents therein, Councilman Chandler moved the reading in full of said Ordinance be waived. Councilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED@ RECLASSIFICATION NO~ 62-63-29: Initiated by the City Planning Commission for a change of zone from R-A, R-l and C-1 to C-l on property located on the west side of State College Boulevard between Lincoln Avenue and Santa Ana Street, and further described as 217, 227, 305, 311, 315, 321, 407 and 425 South State College Boulevard. -. City Planning Commission pursuant to their Resolution No. 541, Series 1962-63, recommended said reclassification subject to conditions. Public hearing was held January 2, 1963, at which time said hearing was closed and action deferred to this date, to allow study and clarification by the City Attorney of suggested conditions of the reclass- ification. Communication dated January l5, 1963, from Robert J~ and Monica C. Croft, addressed to the City Planning Commission opposing the condition requiring the erection of six foot block walls in the front yard area, was submitted. Also submitted was communication dated January 20, 1963, from MrsQ Alma Keller, 217 So~ State College Boulevard, requesting deletion of her property from subject reclassification, as said property was zoned C-l, pursuant to Ordinance No~ 1572. Discussion was held by the City Council and Mro Reese regarding the erection of block walls in the front yard areas of homes fronting arterial highways to provide a greater degree of privacy and to act as a buffer from the highway noises. Mr~ Reese advised that this matter was being studied as a pro- posed general amendment to the Code for the purpose of retaining the living environment, and would not necessarily pertain to these particular eight lots under consideration for commercial zoning in subject reclassi- fication. Regarding Mrs. Kellervs property, Mro Geisler advised that he felt her C-l property was included by the City Planning Commission because of non-conformance with parking provisions of the C-1 Code. Council. Mrs. Alma E. Keller requested permission to address the City Mayor Coons, with the consent of the Council, reopened the public hearing. Mrs. Keller advised that she complied with the conditions of rezonIng, such as dedication and street lighting payment, prior to obtain- ing her C-l zoning; that she was late in complying with the required parking provIsions, but now has provided six parking spaces, however the area has not yet been blacktopped but is graveled. She was of the opinion that to impose the additional restrictions as recommended by the City Planning Commission on her property would place her business in jeopardy as her property is partially concealed by advertisments and equipment from the adjoining C-3 property and the prominent intersection of State College Boulevard and Lincoln Avenue. Also for this reason~ she felt she should be allowed to erect a free-standing sign for her business. Mrs. Keller further advised that use of the present structure is temporary~ and that within approximately eighteen months she intends to replace the dwelling structure with new office buildings~ The Mayor asked if anyone else wished to address the Council, there being no response, declared the hearing closed~ It was moved by Councilman Schutte, seconded by Councilman Krein, that action on Reclassification No~ 62-63-29 be continued for one week, February 5, 1963, 3:00 P~M., to allow further study and review of the premises, with relation to compliance with existing Code or possible com- pliance with the provisions of subject reClassification, as recommended by the City Planning Commission. MOTION CARRIEDQ 6435 City Hall. Anaheim. California - COUNCIL MINUTES - January 29. 1963. 3:00 P.M. JOB NO. 4600 (POLICE FACILITY BUILDING) - CHANGE ORDER NOG 4: Mr. Powell, Smith Powell and Morgridge, fully explained requested changes to the Police Fac- ility Building pertaining to the following: 1. Add floor drain, Room #l85 2. Add raised floor, Room #142 3. Add exhaust system, pistol range 4. Add metal plaster trim at all doors in plaster partition. $ 415.82 428,36 2,282.06 2,l72,60 At the conclusion of discussion by the City Council, Councilman Dutton moved that Change Order No. 4 for Job No. 4600 in the net amount of $5,298.84, be approved. Councilman Schutte seconded the motion, MOTION CARRIED. Mr. Davis also submitted letter dated January 15, 1963 from Mr. Milar, requesting change in the amount of $74.55 for roofing and counter flashing the concrete deck of the cooling tower area, as this area is not under the penthouse roof, and was not specified to be roofed on the plans. Also submitted was memorandum from Mr. Cooper, City Resident Inspector, advising he felt this was the responsibility of the architects, since they had the responsibility of providing the City with a water- proofed building. Mr. Powell agreed this was their responsibility and stated they would accept the cost. RECESS: Councilman Krein moved to recess to 7:l5 P.M. Councilman Dutton seconded the motion. MOTION CARRIED. (5:10 P.Ma) AFTER RECESS: (7:l5 P.M.) Mayor Coons called the meeting to order, all members of the Council being present. FLAG SALUTE: Mayor Coons led the assembly in the Pledge of Allegiance to the Flag. CONTINUED PUBLIC HEARING. CONDITIONAL USE PERMIT NO. 320: Submitted by Mrs. Arther E~ Hemmerling, requesting permission to construct a planned unit development on property located on the west side of Euclid Street extending south from Lincoln Avenue to Broadway, with a depth of 610 feet, and further requesting waiver of the following: 1. Waive ~ story R-3 requirement. 2. Waive Lt story C-l requirement. 3. Waive garages for carports. 4. Waive C-I deed restrictions. The City Planning Commission pursuant to their Resolution No. 550, Series 1962-63, denied said Conditional Use Permit. Public hearing was held by the City Council January 2, 1963, and continued to this date. Communication dated January 25, 1963, from Stanley L. Rosen, Attorney representing the applicant, requesting that public hearing before the City Council be again continu~d to February 13, 1963, as time has not permitted the submission of their 'modification of existing plans to conform to the suggested land use to the City Planning Commission for further report and recommendation, was submitted and read. Mr. Stanley Rosen further explained that the land use surveys and reports by Coldwell Banker Company and also modified plans will be before the City Planning Commission on February 4, 1963. He noted that all condi- tions of Resolution No. 3702 in Reclassification No. F-56-57-39 have been met with the exception of recordation of required deed restrictions, and requested that said pending reclassification for C-I and C-3 zoning be consolidated with subject Conditional Use Permit No. 320, which sets forth all modifications thereto, in order that the entire matter can be resolved at this time. "d\",~"",.'"~~,,,'k,., .'''.'''._..,,.....,',''-......,. ......... .'t ."';>.I!~~';':IJ...~~",",,;.o. ~"'. -~ 6436 City Hall. Anaheim. California - COUNCIL MINUTES - Januarv 29. 1963. 3:00 P.M. Councilman Krein moved that public hearing on Conditional Use Permit No. 320 be continued to February 26, 1963, 7:00 O'Clock P.M. for additional report and recommendation from the City Planning Commission on modified plans and additional evidence submitted by the applicants, Councilman Schutte seconded the motion. MOTION CARRIED. SIGN APPLICATION - BAIL BONDS~ FRANK DOWNS: Application for permission to erect a non-conforming sign at 1112 Homer Street, together with plans, was sub- mitted and reviewed by the City Council. ,---' It was noted that signs permitted in C-l zoned areas are to be attached to and parallel to the building; that the requested sign is a free-standing sign prOjecting into the landscaped zone. Councilman Dutton moved said sign application be denied, Councilman Schutte seconded the motion. MOTION CARRIED. SIGN APPLICATION - UNION OIL COMPANY: Application filed by Union Oil Company requesting permission to replace two four-foot projecting pole signs with four-foot projecting canopy signs at 100 North Beach Boulevard (one sign facing Beach Boulevard and one sign facing Lincoln Avenue~ together with plans, was submitted and reviewed by the City Council. Councilman Krein moved said sign application be granted as requested. Councilman Dutton seconded the motion. MOTION CARRIED. SIGN APPLICATION - CALARK CONSTRUCTION CORPORATION: Application filed by Calark Construction Corporation requesting permission to erect a temporary directional rental sign (six months) at 200 West Katella Avenue to direct the public to the French Quarter Apartments at 2001 South Haster Street, together with plans, was submitted and reviewed by the City Council. Mr. Wayne Aiken, Manager of the French Quarter, further explained their requested sign, advising that Haster Street, not being a through street, is locally travelled, and therefore they desired to erect the directional sign on Katella Avenue; further, that said sign would be tem- porary for a period of six months only. Discussion was held by the City Council, and at the conclusion thereof, Councilman Coons moved that said sign application be denied. Councilman Krein seconded the motion. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 245: Request of J. R. Jacobsen, McDaniel Engineering Company, for clarification of Condition No.9 in Resolution No. 62R-733, pertaining to dedication and street improvements, and further requesting a temporary waiver of sidewalk requirements on the undeveloped frontages, was submitted. Mr. Jacobsen addressed the Council being of the opInIon that it was not the intent of the Council to require the developers of the trailer park to completely develop the access road to the park, as only half of the right of way is on their property. He requested that the condition be modi- fied to allow the full development north of the centerline, plus the paving only of the twelve foot strip lying southerly of the centerline, and that the parking lane, curb, gutter and sidewalk south of the centerline be omitted until provided by the development of the adjacent southerly property; that this proposal would provide two full travel lanes, in addition to the northerly parking lane. Regarding the sidewalk requirements, Mr. Jacobsen advised that plans are presently being prepared for the development of the East Street frontage, and requested that sidewalk improvements on East Street be temporarily waived at this time to be included with later development plans. He further requested waiver of sidewalks on the northerly side of the access road (Kenwood Avenue) between East Street and the flood control bridge. 6437 City Hall. Anaheim. California - COUNCIL MINUTES - January 29. 1963. 3:00 PaM. Memorandum from the Engineering Department, recommending that full street improvements be constructed and that sidewalk waiver be limited to the sidewalk on the south side of the access street only, was submitted and read. Mr. Ralph Pease, Assistant City Engineer, advised that the two abutting property owners previously offered for dedication the required right of way for access, which the City has not yet accepted; that their recommendations were made on the premise that the road is for the benefit primarily of the trailer court, and that if the flood control bridge had been in another location further north, and not on this common property line, the trailer court would have to improve the full roadway. Further, that it is entirely possible that the property to the South could develop without the completion of subject roadway. Reference was made to Section 12.28.010 of the Anaheim Municipal Code requiring street improvements along all street frontages abutting undeveloped property, prior to final building inspection. Mr. Pease stated that if the City was assured of the full street improvements at a later date, that the offer of Mr, Jacobsen to pay for the southerly twelve feet of the access road would provide for movement of traffic. RESOLUTION NO. 63R-69: At the conclusion of further discussion by the City Council, Councilman Chandler offered Resolution No. 63R-69 for adoption, amending Condition No. 9 of Resolution No. 62R-733 in Conditional Use Permit No. 245, as follows: That a dedicated right of way, a minimum of 64 feet in width, be provided, and that full improvements be provided abutting the subject property, plus a twelve-foot travelway on the south of the centerline. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 62R-733 IN CONDITIONAL USE PERMIT NO. 245. On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNC I LMEN: COUN::: I LMEN: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. None. None. The Mayor declared Resolution No. 63R-69 duly passed and adopted. SIDEWALK WAIVER: Councilman Krein moved that temporary waiver of the side- walk on the East Street frontage of subject property be granted. Councilman Dutton seconded the motion. MOTION CARRIED. VARIANCE NO. l366 - CONDITIONAL USE PERMIT NO. 12l: Request of Mr. William Behnke for deletion of three year time limit placed on Variance No. l366, granted to permit light commercial sales at 2156 South Harbor Boulevard; and Conditional Use Permit No. 121, permitting overnight trailer parking at 2156 South Harbor Boulevard, was submitted. Councilman Chandler, being a party of interest, withdrew from the Council Table and took no part in the discussion or action on said request. Mr. Carl Arthofer, representing the applicant, addressed the Council advising that on the recommendation of the City Attorney, the applicant has filed a new application with the City Planning Commission requesting the permits be granted on a more permanent basis. At the conclusion of discussion by the City Council, Councilman Dutton moved that said request be referred to the City Planning Commission. Councilman Krein seconded the motion. MOTION CARRIED~ Councilman Chandler returned to the Council Table. " \ 6438 City Hall. Anaheim. California - COUNCIL MINUTES - Januarv 29. 1963. 3:00 P,M, SIDEWALK WAIVER - WEST KATELLA AVENUE. EAST OF EUCLID: Request of Wilburn's Enterprises for waiver of sidewalk, property located on West Katella Avenue east of Euclid, between 1673 and 1665, was submitted. Memorandum from the City Engineering Department recommending that the request for sidewalk waiver be denied, being of the opinion said sidewalk is necessary to provide continuity with existing sidewalk to the East, was submitted and read. - I On the recommendations of the City Engineer, Councilman Dutton moved said request for sidewalk waiver be denied. Councilman Schutte seconded the motion. MOTION CARRIED. DEEDS OF EASEMENT: Councilman Krein offered Resolution Nos. 63R-70 to 63R-75, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 63R-70: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Cecil Keith) RESOLUTION NO. 63R-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Steffy Buick Company) RESOLUTION NO. 63R-72: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR PARKWAY PURPOSES. (Marion E. Moore and H. B. Lear) RESOLUTION NO. 63R-73: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR EASEMENTS FOR STREET AND PUBLIC UTILITY, AND ALLEY AND PUBLIC UTILITY PURPOSES. (Ted-Mar Company, RancmLane Realty, Inc.) RESOLUTION NO. 63R-74: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Harley L. Hoskins, et ux) RESOLUTION NO. 63R-75: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (C. F. Steinen) On roll call the foregoing resolutions were duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUN:ILMEN: COUNCILMEN: C OUNC I LMEN : Dutton, Chandler, Schutte, Krein and Coons. None. None. The Mayor declared Resolution Nos. 63R-70 to 63R-75, both inclus- ive, duly passed and adopted. RESOLUTION NO. 63R-76: Councilman Dutton offered Resolution No. 63R-76 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A DIRECTOR'S DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR MUNICIPAL PURPOSES. (State of California) On roll call the foregoing resolution was duly passed and adopted by the following vote: 6439 City Hall. Anaheim. California - COUNCIL MINUTES - Januarv 29. 1963. 3:00 P.M. AYES: NOES: ABSENT : COUf\CILMEN: COUN: I LMEN : COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. None. None. The Mayor declared Resolution No. 63R-76 duly passed and adopted, RESOLUTION NO. 63R-77: Councilman Schutte offered Resolution No. 63R-77 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF AN ALLEY AND AN EASEMENT FOR ALLEY PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON; AND DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION. (Portion of alley north of Center Street, between Claudina and Emily Streets - public hearing, February 19, 1963, 3:00 P.M.) On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUl'LILMEN: COUf\CILMEN: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. None. None. The Mayor declared Resolution No. 63R-77 duly passed and adopted. PROPOSED ORANGE FREEWAY - REQUEST: Communication dated January 9, 1963, from William Silverman, President, Anaheim-Rio Vista Homeowners Association, requesting investigation regarding the feasibility of dropping the segment of the proposed Orange Freeway extending from the industrial area south of Ball Road in Anaheim to the industrial area north of the Riverside Freeway, below grade, was submitted together with copy of letter forwarded to Assemblymen Danneymer, Whetmore and Badham regarding this situation. Councilman Krein moved said request be received and referred to the City Engineer for investigation and report. Councilman Dutton seconded the motion. MOTION CARRIED. REQUEST - ANAHEIM LULAC COUf\CIL NO. 3l6: Request of Mr. Henry Lopez, President, Anaheim LULAC Council No. 316 for relief from City Ordinance requiring the service of four uniformed policemen and one matron during any public beneficial dance held by their organization, was submitted. Councilman Dutton moved said request be received and referred to the Chief of Police for report and recommendation. Councilman Chandler seconded the motion. MOTION CARRIED. CORRESPONDEl'LE: The following correspondence was ordered received and filed, on motion by Councilman Dutton, seconded by Councilman Chandler. MOTION CARRIED: a. A. S. Koch, County Surveyor and Road Commissioner - regarding Aerterial Highway Financing Program. C. Howard J. Carter, regarding non-resident Library cards. e. Feather River Project Association. f. H. H. Stabbert Insurance Agency - new address. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting h~ld January 7, 1963, pertaining to the following appli- cations were submitted for City Council information and consideration: CONDITIONAL USE PERMIT NO. 293 - Submitted by Robert Wasserman, requesting permission to construct a planned unit development on property located on the east side of Knott Avenue and a depth of 612 feet, plus, to the north- west corner of said property, being 378 feet south of the southeast corner of Lincoln and Knott Avenues. 6440 City Hall. Anaheim. C81ifornia - COUNCIL MINUTES - Januarv 29. 1963. 3:00 P.M. The City Planning Commission, pursuant to their Resolution No. 589, Series 1962-63, granted said conditional use permit, subject to conditions. CONDITIONAL USE PERMIT NO. 343 - Submitted by George and Dorothy Bennett, requesting permission to establish a cocktail lounge within the present restaurant on property located on the south side of Lincoln Avenue, approxi- mately 430 feet west of Beach Boulevard, and further described as 3030 West Lincoln Avenue. The City Planning Commission, pursuant to their Resolution No. 593, Series 1962-63, granted said conditional use permit, subject to conditions, .......... I VARIANCE NO. 1543 - Submitted by Fortunato R. Martinez, requesting permission to construct a single family residence, waiving setback requirements 8nd 1225 square foot requirements, on property located on the south side of Cypress Street, approximately 80 feet east of Santa Fe Street, and further described as 506 E8st Cypress Street. The City PlannIng Commission, pursuant to their Resolution No. 592, Series 1962-63, denied said variance application. The foregoing actions were reviewed by the City Council and no further action was taken on the above numbered Conditional Use Permits and Variance applications. CONDITIONAL USE PERMIT NO. 109: Request of John B. Thorpe, President, Taco Villa, for elimination of Condition No.6, of City Planning Commission Resolution No. 224, Series 1960-61, pertaining to the construction of six foot masonry walls on the west and south property lines, or the postponement thereof, for two years, was submitted. Original plans and the file were reviewed by the City Council. Councilman Chandler moved that the two-year extension to Condition No.6 be granted, subject to the immediate posting of a bond for the construction of the required wall on the south and west property lines. Councilman Dutton seconded the motion. MOTION CARRIED. ORDINANCE NO. 1808: Councilman Schutte offered Ordinance No. 1808 for final reading. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.04, SECTION 18.04.090, PARAGRAPH (2) EXCEPTIONS, SUBPARAGRAPH (h) - (1) REVERSED CORNER LOT, OF THE ANAHEIM MUNICIPAL CODE~ After hearing read in full the title of Ordinance No. 1808 and having knowledge of the contents therein, Councilman Chandler moved the reading in full of said Ordinance be waived. Councilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED. On roll call the foregoing Ordinance was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COU~ILMEN: COUNCILMEN: COUNC I LMEN : Dutton, Chandler, Schutte, Krein and Coons. None. None. Mayor Coons declared Ordinance No. 1808 duly passed and adopted. ORDINANCE NO. l809: Councilman Chandler offered Ordinance No. 1809 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. (62-63-19 - R-3) After hearing read in full the title of Ordinance No. 1809 and having knowledge of the contents therein, Councilman Chandler moved the readlng in full of said Ordinance be waived. Councilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED. ~-~~*!.i:""""__"1t"ll-"'_--___~~.;;4;,";:;'--~ 6441 City Hall. Anaheim. California - COUNCIL MINUTES - January 29. 1963. 3:00 P.M. On roll call the foregoing Ordinance was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNC I LMEN: COUf\L ILMEN: Dutton, Chandler, Schutte, Krein and Coons, None. None. The Mayor declared Ordinance No. 1809 duly passed and adopted, ORDINANCE NO. 1810: Councilman Dutton offered Ordinance No. 1810 for final reading. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 1793 IN RECLASSIFICATION PROCEEDINGS NO~ 61-62-78. After hearing read in full the title of Ordinance No. 1810 and having knowledge of the contents therein, Councilman Chandler moved the reading in full of said Ordinance be waived. Councilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED. On roll call the foregoing Ordinance was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUN::: I LMEN : COUNCILMEN: COUN:ILMEN: Dutton, Chandler, Schutte, Krein and Coons. None. None. Mayor Coons declared Ordinance No. 1810 duly passed and adopted. RECLASSIFICATIONS NOS. 61-62-78 AND 61-62-ll0 - DEDICATION OF ACCESS RIGHTS: On motion by Councilman Chandler, seconded by Councilman Dutton, Dedication Deeds signed by Donnovan Glenn Rowe and Verna Alvina Rowe, dated January 8, 1963, and Jerry Marks and Sherrie S. Marks, dated December 28, 1962, dedicating to the City of Anaheim any and all vehicular access rights on or to Empire Street for any purposes other than residential purposes, were accepted. MOTION CARRIED. FIRE PROTECTION. SOUTHWEST ANNEXATION AREA: Mr. Davis reported on a request received from Mr. Sherman, of the Orange County Forestry Service, concern- ing the possibIlity of the City of Anaheim rendering fire protection service on a contractural basis to the strip of County area proposed in the Southwest Annexation. Mr. Davis further reported that although such an agreement could be made, in his opinion the citizens of Anaheim would be, in essence, sub- sidizing the fire protection service to this area, because the fire tax levied by the County of Orange is inadequate to cover this cost. Discussion was held by the City Council, and Councilman Chandler stated that in the last annexation proceedings for this area, Mr. Johnson clearly advised the CIty Council that the entire area was adequately covered for fire protection and all County services; that this stand was backed by the vote of the people. At the conclusion of the discussion, it was determined that the City of Anaheim is committed to the Orange County Forestry and all other cities by the Mutual Aid Agreement in the event of a catastrophe; however, the responsibility to answer initial calls is that of the County. REQUEST CONCESSION RIGHTS - LA PALMA PARK STADIUM: Request of the American Legion, Inc., Anaheim Post No. 72, for the concession rights at La Palma Park Stadium on Sunday, February 3, 1963, or in the event of rain, February 10, 1963, during the medical benefit game of the Southern California Baseball Association, was submitted by Mr. ,Robert Davis, together with recommendations of John J. Collier, Park and Recreation Director. 6442 City Hall. Anaheim. California - COUNCIL MINUTES - Januarv 29. 1963. 3:00 P.M. Councilman Krein moved the rights to use the concession facilities February 3 or 10, 1963, during said benefit baseball game be granted Anaheim Post No. 72. Councilman Schutte seconded the motion. MOTION CARRIED. BUDGET ADJUSTMENT - TRANSFER OF FUNDS: At the request of Mr. Paul Hayes, Civil Defense Coordinator, and on the recommendation of the Assistant City Manager, advance of $854. to be received from the approved Federal Fund Grant for necessary expenditures in connection with the Self-Help Program, was approved, on motion by Councilman Schutte, seconded by Councilman Krein. MOTION CARRIED. l RESOLUTION NO. 63R-78: Councilman Dutton offered Resolution No. 63R-78 for adoption. Refer to Resolution Book~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE RELEASE OF CERTAIN LIENS CLAIMED AND RECORDED AGAINST CERTAIN PARCELS OF REAL PROPERTY FOR COSTS OF CONSTRUCTION OF SIDEWALK AND CURBS, IN ACCORD- ANCE WITH RESOLUTION NO~ 3277. On roll call the foregoing resolution was duly passed and adopted by the folloWing vote: AYES: NOES: ABSENT: COUNCILMEN: COUNC I LMEN: COUI\CILMEN: Dutton, Chandler, Schutte, Krein and Coons. None. None. The Mayor declared Resolution No. 63R-78 duly passed and adopted. RESOLUTION NO. 63R-79: CounCIlman Schutte offered Resolution No. 63R-79 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A PERMIT SUBMITTED BY THE ORANGE COUNTY FLOOD CONTROL DISTRICT TO THE CITY TO CON- STRUCT AND MAINTAIN A STORM DRAIN INLET IN SAID DISTRICTiS BOX CULVERT IN THE ANAHEIM-BARBER CITY CHANNEL AT KATELLA AVENUE. On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. None. None. The Mayor declared Resolution No. 63R-79 duly passed and adopted. RESOLUTION NO~ 63R-80: adoption. Councilman Krein offered Resolution No. 63R-80 for Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTH- ORIZING THE EXECUTION OF AN AGREEMENT WITH THE PACIFIC ELECTRIC RAILWAY COMPANY WITH REFERENCE TO THE IMPROVEMENT OF KNOTT AVENUE CROSSING NO. 6N-23.48. On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNC I LMEN: COUNC I LMEN: Dutton, Chandler~ SChutte, Krein and Coons. None. None. The Mayor declared Resolution No. 63R-80 duly passed and adopted. CITY OF ANAHEIM OLIVE HILLS RESERVOIR ANNEXATION: Orange County Boundary Commis- sion report dated January 28, 1963, finding that the boundaries of the proposed City of Anaheim Olive Hills Reservoir Annexation to be reasonably definite and certain, although it cuts property lines, was ordered received ~~-p~4it;"'>$i&",;':"J.i_""'~,~~,,,,~ 6443 Cit Anaheim California - COUNCIL MINUTES - Januar 3:00 P.M. and filed, on motion by Councilman Chandler, seconded by Councilman Dutton. MOTION CARRIED. RESOLUTION NO. 63R-81: Councilman Dutton offered Resolution No, 63R-81 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACKNOWLEDGING RECEIPT OF A PETItION FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY TO THE CITY OF ANAHEIM, DESIGNATING THE TERRITORY AS THE CITY OF ANAHEIM OLIVE HILLS RESERVOIR ANNEXATION; DESCRIBING THE BOUNDARIES OF THE TERRJ- TORY PROPOSED TO BE ANNEXED AND GIVING NOTICE OF THE DAY, HOUR AND PLACE WHERE AND WHEN ANY PERSON OWNING REAL PROPERTY WITHIN SUCH TERRITORY SO PROPOSED TO BE ANNEXED MAY APPEAR BEFORE THE CITY COUNCIL AND SHOW CAUSE WHY SUCH TERRITORY SHOULD NOT BE ANNEXED TO THE CITY OF ANAHEIM. (Public hearing March 5, 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: COUNC I LMEN: COUNC I LMEN : Dutton, Chandler, Schutte, Krein and Coons, None. None. The Mayor declared Resolution No. 63R-81 duly passed and adopted, CONCESSION STAND - LA PALMA PARK: Councilman Chandler requested Mr. John Collier, Park and Recreational Director, investigate and report on the sanitary conditions and the state of repairs of the concession stand in La Palma Park. ANAHEIM CITIZENS' CHARTFR STUDY COMMITTEE: It was reported that Mr. Tom Short, appointed "Member" of the Anaheim Citizens' Charter Study Committee could not serve on this committee. The promotion of an "Alternate Member" to "Member" from this area in which a vacancy on the committee presently exists was made by ballot of the City Council. Short. Mr. Richard Tevlin was appointed "Member", replacing Mr. Tom An appointment of "Alternate Member" was made by Council ballot from the suggested list of nominees from this area. Mr. John Ward was appointed "Alternate Member" filling the vacancy created by the elevation to "Member" of MrQ Richard Tevlin. ASSEMBLY BILL NO. 28 - WATER: Mayor Coons read an article appearing in the Los Angeles Times, wherein Assemblyman Stewart Hinckley, of Redlands, has intro- duced a bill in the Legislature (AB 28), which would force Orange County to sell water to San Bernardino County. Discussion was held concerning the proposed measure, it being the consensus of the Council that such a bill would be seriously detrimental to Orange County. At the conclusion of the discussion, it was moved by Councilman SChutte, seconded by Councilman Dutton, that a Resolution be drafted opposing Assembly Bill No. 28. MOTION CARRIED. ADJOURN: Councilman Krein moved to adjourn. Councilman Schutte seconded the motion. MOTION CARRIED. ADJOURNED: 9:20 P.M. SIGNED:AL~)( 2~~~ City Clerk 4!~"~.,,*"_j;'~",U;U!;t~,;.:,~,~~","" ......