1963/09/03
6-~
7044
City Hall, Anaheim, California ~. COUNCIL MINUTES .- September 3, 1963, 3:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCILMEN: Schutte, Krein and Coons.
COUNCILMEN: Dutton and Chandlera
CITY MANAGER: Keith Aa Murdoch.
CITY ATTORNEY: Joseph Geislera
CITY CLERK: Dene M~ Williams.
CITY ENGINEER: James P. Maddox.
ZONING COORDINATOffi.: Martin Kreidt.
~
Mayor Coons called the meeting to order~
MINUTES: Approval of the minute$ of the Anaheim City Council meeting held
August 27, 1963, was deferred one week (September 10, 1963), on motion
by Councilman Schutte, seconded by Councilman Krein. MOTION CARRIED.
PUBLIC HEARING,VACATION AND ABANQONMENT: Public hearing was held on proposed
abandonment of an easement for street and alley purposes along the easterly
property line of 517 East Sycamore Street (between Sabina and Pauline
Streets), pursuant to Resolution No. 63R~666, duly published in the Anaheim
Bulletin August 22, 1963, and notices thereof posted in accordance with law.
The Mayor asked if anyone wished to address the City Council,
there being no response, declared the hearing closed.
Mr. Maddox, City Engineer, reported that the entire easement, a
total width of 12.62 feet, was proposed for abandonment, except for a three
foot overhang easement on the east side of said easement, which the Public
Utilities Director recommended be retainedo He further reported said
abandonment has cleared all outside utility agencies and City departments.
RESOLUTION NOo 63R~720: Councilman Schutte offered Resolution No. 63R-720
for adoption, in accordance with the recommendations of the City Engineer
and Public Utilities Director.
Refer to Resolution Booko
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION
AND ABANDONMENT OF AN EASEMENT FOR STREET AND ALLEY PURPOSES UPON, OVER,
ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; AND RESERVING AN
EASEMENT FOR ELECTRIC POWER LINE OVERHANG PURPOSES OVER, ALONG AND ACROSS A
PORTION OF SAID PROPERTYo (North side of Sycamore Sta, east of Sabina St.)
On roll call the foregoing resolution was duly passed and adopted
by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Schutte, Krein and Coonso
None.
Dutton and Chandler~
The Mayor dec ared Resolution No. 63R-720 duly passed and adopted.
RESOLUTION NOG 63R~721: Councilman Schutte offered Resolution No. 63R-721 for
adoption.
Refer to ResoiJtion Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS
INTENTION TO VACATE AND ABANDON AN ALLEY AND 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 RESOLUTIONg (Public hearing Sep-
tember 2<'1, 1963, 3:00 PjM~; Portion Lot No 21J J.D. Taylor Tract.)
On roll cal.l the foregoing resolution was duly passed and adopted
by the following vote:
AYES: COUNCILMEN: Schutte, Krein and Coons.
NOES: COUNCILMEN~ None.
ABSENT: COUNCILMEN~ Dutton and Chandlero
The Mayor declared Reso~ution Noo 63R=72l duly passed and adopted.
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7045
City Hall4 Anaheim4 California - COUNCIL MINUTES ,-> September 3. 1963. 3:00 P.M.
FINAL MAP 4 TRACT NO~ 5114: Developer, J. & C. Development Company; tract
located on the east side of Webster Street, 260 feet south of Orange Avenue,
and contains 9 R-l lots.
Mr~ Jerry Castetter, 2127 Ball Road, representing J. & C.
Development Company, addressed the City Council requesting that Final Map,
Tract NOt ~l14, be continued for one week (September 10, 1963) to be con-
sidered in conjunction with proposed Webster Street Improvement.
Mr~ George Glanzmann, representing Eureka Water Company advised
tha~ they have no objection to the requested continuance.
On motion by Councilman Krein, seconded by Councilman Schutte,
Final Map of Tract No. 5114 was continued one week, September lO, 1963, 3:00
P.Ma, in accordance with request of the developer. MOTION CARRIED.
FINAL MAP, TRACT NO. 5245: Developer, Home Land Co.; tract located on the west
side of Ninth Street, north of Kimberly Avenue, and contains l8 R-l lots.
The City Engineer reported said Final Map conforms substantially
with the tentative map previously approved; that drainage is accomplished
through an easement to the Flood Control Channel; and that bonds have been
posted and approved, and requiTed fees paid, and recommended approval
thereof.
On the recommendations of the City Engineer, Councilman Krein
moved Final Map of Tract No. 524~ be approved. Councilman Schutte seconded
the motion. MOTION CARRIED~
AMUSEMENT MACHINE APPLICATION: Application filed by Harvey F. Kirby for permission
to install a six-player sh~ffle alley at the Snappy Grill, 621 West Lincoln
Avenue, was submitted, together with report from the Chief of Police
recommending denial of said permit on the basis that the Anaheim Municipal
Code prohibits such activity on premises within 600 feet of a school.
On motion by Councilman Krein, seconded by Councilman Schutte,
said application was denied, in accordance with recommendations of the
Chief of Police. MOTION CARRIED.
AMUSEMENT MACHINE APPLICATION: Application filed by Harvey F. Kirby for permission
'to install one sixteen foot bowler and one twenty~two foot shuffleboard at
the Doll Hut, 107 West Adams, was submitted together with report from the
Chief of Police.
On the recommendations of the Chief of Police, Councilman Schutte
moved said application be granted. Councilman Krein seconded the motion.
MOTION CARRIED~
SECTION 18.76. ANAHEIM MUNICIPAL CODE (ORDINANCE NOu 1857): Mr. Wayne B.
Reedstrum, 517 Falcon Street, Anaheim, addressed the Council concerning
Section 18.76.021 of the Anaheim Municipal Code concerning "Appeal Feeso',
and requested said section be deleted in its entirety, as not being in the
best interest of the City.
Mr. Reedstrum advised that in his opinion, the average citizen is
under the impression that any final and all decisions effecting the general
welfare of the City or any citizen thereof, lies within the provision of the
City Council, and this is not necessarily true in all matters of zoning, as
the Planning Commission, an appointed body, has the authority and power to
grant or deny conditional use permits and varIances, which is final and
binding unless an appeal is filed.
In his opinion, it should be the right of a citizen to file an
appeal to the City Council to review the action taken by the City Planning
Commission, without the necessity of paying a filing fee.
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7046
City Hall, Anaheim, California - COUNCIL MINUTES - September 3. 1963. 3:00 P.M.
In referring to the Ordinance, Mr. Reedstrum noted that direct
reference is made to the "applicant", and no reference is made or implied
to the "objector".
Mr. Reedstrum asked the City Attorney if he had any knowledge
whether this section as written has ever been tested in a Court of law.
With the permission of the City Council, Mr. Geisler answered
that as far as he knew, there have been no specific cases either for or
against such sections; that there have been many cases that sustained the
right of a Council in connection with any applications to establish
reasonable fees; that in his opinion, the fee established in accordance with
Section 18.76.021 is a legal fee.
-
Mra Reedstrum, with the permission of the City Council, asked the
City Clerk if the filing of appeals were normally handled through her office,
and approximately how many appeals had been filed concerning Conditional Use
Permits and Variances prior to June 2l, 1963.
Mrs. Williams reported that upon checking agendas of public
hearings held on an appeal basis since January of this year to the date
Ordinance l857 became effective, 23 hearings were held; that since the
effective date of the Ordinance (July 12, 1963), two appeals have been filed.
Mr. Reedstrum advised that in his opinion, the provision of the
Code placed a price over and above what is paid in taxes for services
rendered by the City on the right of any citizen to appeal a decision
rendered by an appointed body, in order to be heard by the only elected
body to which the citizen has recourse; that from the standpoint of cost,
he felt relatively sure that the cost would not effect the financial structure
of the City.
Councilman Schutte asked the City Clerk if the majority of appeals
filed were filed by applicants or opponents.
-
Mrs~ Williams answered that the majority of appeals filed are filed
by the applicant or the applicantUs agent.
Councilman Schutte explained that every action concerning a zoning
matter comes before the City Council, and is thoroughly considered by them;
and :f in the opinion of a Councilman further consideration is warranted, a
review is requested. Councilman Schutte further advised of a similar
situation wherein at the last meeting of the City Council, he had requested
a review.
Further discussion was held and Mayor Coons illustrated the right
of appeal by either the applicant or opponent, and further advised that prior
to the enactment of the Ordinance, many applicants and interested persons
were bypassing the City Planning Commission, appealing directly to the City
Council.
Mr. Reedstrum felt a distinction should be made between the
applicant and the objector; that from the standpoint of the objector, the
City Council becomes the Court of Last Resort.
Councilman Krein expressed agreement with statements made by
Councilmen Schutte and Coons, and further advised in zoning cases, the
minutes of the City Planning Commission were reviewed, as well as Council
inspection of the subject property.
Mayor Coons noted that two members of the City Council were absent,
and stated that the points presented would be further considered, and that
the tape would be made available to the two absent members.
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69~7
7047
City Hall. Anaheim. California - COUNCIL MINUTES - September 3. 1963. 3:00 P.M.
RECLASSIFICATIONS NOS. 6l-62-107. 62-63-44 AND 62-63-45~ AND CONDITIONAL USE
PERMIT NO. 243 - REVISED PLANS: Revised plans submitted by Ted Fish in
connection with Reclassifications Nos. 61-62-l07, 62-63-44 and 62-63-45,
and Conditional Use Permit No. 243, were reviewed by the City Council
together with recommendations of the City Planning Department.
Mr. Ted Fish addressed the Council explaining the hillside
terrain of the subject properties, and his plans for retaining wall~. He
advised that copies of revised plans have been submitted to the Engineering
Department this date, although the City Building Department received copie~
previously. He called attention to the retaining wall on the southerly
portion of the development, notinq that if the required six foot wall was
measured from the highest side, it would result in a fifteen foot wall from
the south, or lower side.
Discussion was held by the City Council, and Mayor Coons was of
the oplnlon that hillside developments could present problems that might
necessitate special consideration. It was determined that revised plans
for subject properties be deferred one week (September 10, 1963, 3!00 P.M.)
pending further consideration by the Engineering Department.
RESOLUTION NO. 63R-722: On report and recommendation of the City Attorney,
Councilman Schutte offered Resolution No. 63R-722 for adoption.
Refer to Resolution Booka
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING PARTIAL
PAYMENT IN CONNECTION WITH ESCROW ON ACQUISITION OF FACILITIES OF DYKE WATER
COMPANY AND AUTHORIZING THE CITY ATTORNEY TO SIGN INSTRUCTIONS IN CONNECTION
THEREWITH. ($1,89l,245000)
On roll call the foregoing resolution was duly passed and adopted
by the following vote~
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Schutte, KTein and Coons.
None.
Dutton and Chandlera
The Mayor declared Resolution No. 63R-722 duly passed and adopted.
RECLASSIFICATION NO. 60-6l-82 - APPROVAL OF PLANS: Request of Billy J. Kiker
for approval of plans pursuant to Reclassification No. 60-6l-82, was
submittedo
The City Clerk repoTted that the only plans submitted in connec-
tion with subject reclassification were those originally filed with the
application, and efforts to contact the applicant have been unsuccessful.
Subject request was ordered taken off agenda, pending further
contact with Mr. Kiker.
CANCELLATION OF COUNTY TAXES: On motion by Councilman Schutte, seconded by
Councilman Krein, the Orange County Board of Supervisors was requested to
cancel County taxes on properties acquired by the City of Anaheim for
municipal purposes, pursuant to Resolution No. 63R-642, formerly assessed
to Eucalyptus Water Company, deeds recorded August 23, 1963 as Documents
Nos. 21976 and 2l977, in Book 6689 at pages 413 and 415, Official Records
of Orange County, California. MOTION CARRIED.
ANAHEIM CITIZENS CHARTER STUDY COMMITTEE: Correspondence dated August 2l, 1963
from Anaheim Citizens Charter Study Committee, Dr. Robert Doty, Chairman,
requesting City Council approval of change in the Rules of Committee
regarding attendance, was submitted and reviewed by the Council (copies
furnished each Councilman).
On motion by Councilman Krein, seconded by Councilman Schutte,
said amendment to Rules of Committee was approved as requested. MOTION
CARRIED.
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6i4~
7043
City Hall, Anaheim, California - COUNCIL MINUTES - September 3. 1963. 3:00 P.M.
CORRESPONDENCE: The following correspondence was ordered received and filed, on
motion by Councilman Schutte, seconded by Councilman Krein. MOTION CARRIED:
a. Minutes, Park and Recreation Commission Meeting, August 8, 1963.
b. Anaheim Park and Recreation Department Operation Report, June 1 - August
1, 1963.
c. Preliminary Draft of Statement of Principles Governing the Use of the
City of Anaheim Park and Recreation Facilities. ~
DEEDS OF EASEMENT: Councilman Krein offered Resolutions Nosa 63R-723 to 63R-726,
both inclusive, for adoption.
Refer to Resoluti~n Booka
RESOLUTION NOo 63R-723: 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 EASEMENTS FOR PUBLIC UTILITY AND TEMPORARY CONSTRUCTION
PURPOSES. (Clarence M. Burbank, et ux)
RESOLUTION NO. 63R-724: 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 EASEMENTS FOR ROAD, PUBLIC UTILITY AND ALLEY PURPOSES.
(Jack Wo Rumbaugh, et al)
RESOLUTION NOQ 63R-725: 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.
(Violet Van Delden and Margaret Green)
RESOLUTION NO. 63R~726: 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.
(Pacific Southwest Realty Co.)
On roll call the foregoing resolutions were duly passed and
adopted by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Schutte, Krein and Coons.
None.
Dutton and Chandler.
The Mayor declared Resolutions Nos. 63R-723 to 63R-726, both
inclusive, duly passed and adopted.
ORDINANCE NO. 1902: Councilman Krein offered Ordinance No. 1902 for final
readingo
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM FIXING AND LEVYING A PROPERTY TAX ON
ALL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF ANAHEIM FOR THE
FISCAL YEAR 1963-64. ($l.lO)
After hearing read in full the title of Ordinance No. 1902 and
having knowledge of the contents therein, Councilman Krein moved the
reading in full of said Ordinance be waived. Councilman Schutte 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:
COUNCILMEN:
COUNCILMEN:
Schutte, Krein and Coons.
Nonea
Dutton and Chandlera
Mayor Coons declared Ordinance No. 1902 duly passed and adopted.
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07lt<1
7049
City Hall. Anaheim. California = COUNCIL MINUTES - Septemb~r 3. 1963_ 3:00 P.M.
ORDINANCE NOa 1903: Councilman Schutte off~T~d Ordinance No. 1903 for final
readinga
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI-
CIPAL CODE RELATING TO ZONING. (C-O - 63-64~14, Parcel 2)
After hearing read in full the title of Ordinanc~ No. 1903 and
having knowledge of the contents therein, Councilman Coons moved the
reading in full of said Ordinance be waived. Councilman Schutte seconded
the motionQ MOTION UNANIMOUSLY CARRIED.
On roll call the foregoing Ordinance was duly passed and adopted
by the following vote:
AYES: COUNCILMEN: Schutte and Coons.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: Dutton and Chandler.
ABSTAINED FROM VOTING: COUNCILMAN: Krein.
Mayor Coons declared Ordinance No. 1903 duly passed and adopted.
ORDINANCE NO. 1904: Councilman Krein offered Ordinance No. 1904 for final
readingo
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI-
CIPAL CODE RELATING TO ZONINGa (C-.O ~ 63-64-l4, Parcel I)
After heaTing read in full the title of Ordinance No. 1904 and
having knowledge of the contents therein, Councilman Krein moved the
reading in full of said Ordinance be waived. Councilman Schutte seconded
the motion. MOTION UNANIMOUSLY CARRIEDQ
On roll call the foregoing Ordinance was duly passed and adopted
by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Schutte, Krein and Coons.
None.
Dutton and Chandler.
Mayor Coons declared Ordinance NOa 1904 duly passed and adopted.
ORDINANCE NO. 1905: Councilman Krein offered Ordinance No. 1905 for first
readinga
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE l4, CHAPTER l4.40,
SECTION l4a40.050 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO SPEED LIMITS.
(30 Miles Per Hour, Gilbert St~ between Lincoln and Crescent Avenues)
After hearing read in full the title of Ordinance No. 1905 and
having knowledge of the contents therein, Councilman Krein mo~d the
reading in full of said Ordinance be waived~ Councilman Schutte seconded
the motiono MOTION UNANIMOUSLY CARRIEDQ
ORDINANCE NO. 1906: Councilman Schutte offered Ordinance No. 1906 for first
reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI-
CIPAL CODE RELATING TO ZONING. (61-62-30 - C-I, McVay Property)
After hearing read in full the title of Ordinance No. 1906 and
having knowledge of the contents therein, Counrilman Krein moved the
reading in full of said Ordinance be waived~ Councilman Schutte seconded
the motiona MOTION UNANIMOUSLY CARRIED.
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7050
City Hall. Anaheim. California - COUNCIL MINUTES- September 3. 1963. 3:00 P,M.
ORDINANCE NO. 1907: Councilman Krein offered Ordinance No. 1907 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI-
CIPAL CODE RELATING TO ZONING. (62-63-90 - R-2)
After hearing read in full the title of Ordinance No. 1907 and
having knowledge of the contents therein, Councilman Krein moved the
reading in full of said Ordinance be waived. Councilman Schutte seconded
the motion. MOTION UNANIMOUSLY CARRIEDa
ORDINANCE NOo 1908: Councilman Krein offered OTdinance No. 1908 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI-
CIPAL CODE RELATING TO ZONING. (62-63-92 ~ R-3)
After hearing read in full the title of Ordinance No. 1908 and
having knowledge of the contents therein, Councilman Krein moved the
reading in full of said Ordinance be wai ved. Councilrra n Schutte seconded
the motion. MOTION UNANIMOUSLY CARRIED.
ORDINANCE NO. 1909: Councilman Schutte offered Ordinance No. 1909 for first
readingG
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI-
CIPAL CODE RELATING TO ZONING. (61-62-69(7) - M~l and P-L)
After hearing read in full the title of Ordinance No. 1909 and
having knowledge of the contents therein, Councilman Krein moved the
reading in full of said Ordinance be waived. Councilman Schutte seconded
the motion. MOTION UNANIMOUSLY CARRIED.
RESOLUTION NO. 63R-727: Councilman Schutte offered Resolution No. 63R-727 for
adoption, establishing water rates for the transition period effective
September 1, 1963, affecting consumers of the Dyke Water Company facilities
being transferred to City of Anaheim.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION
NO. 63R-306.
On roll call the foregoing resolution was duly passed and adopted
by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Schutte, Krein and Coons.
None.
Dutton and Chandler.
The Mayor declared Resolution No. 63R-727 duly passed and adopted.
PUBLIC HEARING: Public hearing to consider the proposed amendments to Title 18,
Chapter l8. 08, "Def ini tions 9'; Chapter 18 ~ 40, IIC-l, Ne i ghborhood Commerc i al
Zone"; Chapter 18.48, "C-3, Heavy Commercial Zone"; Chapter 18.64, "Conditional
Uses" and the adoption of service station minimum site development standards,
was continued to September 24, 1963, 7:00 OIClock P.M., on motion by Council-
man SChutte, seconded by Councilman Krein. MOTION CARRIED.
ADJOURNMENT:
motion.
Councilman Schutte moved to adjourn.
MOTION CARRIED.
Councilman Krein seconded the
ADJOURNED: 4:4~ P.M.
SIGNED:~ M ~~':__,u
City Clerk
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