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1967/02/149958 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 14~ 1967~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: and Kreino COUNCILMEN: Dutton. CITY MANAGER: Keith A. Murdoch. ASSISTANT TO CITY MANAGER: Fred Sorsabal. CITY ATTORNEY: Joseph Geisler. ASSISTANT CITY ATTORNEY: John Dawson. DEPUTY CITY CLERK: Alona Mo Farrens. CITY ENGINEER: James P. Maddox. DEVELOPMENT SERVICES DIRECTOR: Alan G ASSISTANT DEVELOPMENT SERVICES DIRECTOR: ZONING SUPERVISOR: Ronald Thompson. ASSISTANT PLANNER: Marvin Krieger. PERSONNEL DIRECTOR: Roy Heissner. CONVENTION CENTER AND STADIUM DIRECTOR: Pebley, Schutte, Chandler (entered the meeting 2:00 P.M.), Orsborn. Robert Mickelson. Tom Liegler. Mayor Krein called the meeting to order. PROCLAMATIONS: The following proclamations by Mayor Krein were ratified by the City Council: ao "Advertising Recognition Month" February, 1967. b. "National Crime Prevention Week" February 12 through 18, 1967. MINUTES: The approval of the Minutes of the Anaheim City Council Meetings held January 31 and February 7, 1967, was deferred one week, February 21, 1967. WAIVER OF READING ORDINANCES AND RESOLUTIONS: Councilman Pebley moved to waive the reading in fu. ll of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen unless after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Schutte seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against.the City in the amount of $722,640.50, in accordance with the 1966-67 Budget, were approved. PUBLIC HEARING - RECLASSIFICATION NO. 66-67-46: Initiated by the City Planning Commission for a change of zone from R-A (Interim Zoning) to R-2, 5000 one- family zone; property described as the Rinker Annexation No. 2, located on the north side of Orangethorpe Avenue approximately 320 feet west of Orchard Drive (easterly portion of Tentative Tract No. 4241). The City Planning Commission pursuant to Resolution No. PC67-15 reccommended approval of said reclassification, subject to the following conditions: 1. That a Final Tract Map of subject property be approved by the City Council and recorded in the office of the Orange County Recorder. 2. That the owner(s) of subject property shall pay to the City of Anaheim, the sum of $25.00 per dwelling unit, to be used for park and recreation purposes, said amount to be paid at the time the building permit is issued. Zoning Supervisor Ronald Thompson noted the location of subject property and advised that the .107 acre parcel was annexed to the City to permit a logical subdivision of Tract No~ 4241; that R-2 5000 zoning had°~een approved for that portion of said tract located within the city limits prior to the annexation of subject property (Reclassification No. 66-67-1). Mayor Krein asked if anyone wished to address the City Council for or against the proposed reclassification, there being no response, declared the hearing closed. RESOLUTION NO. 67R-79: Councilman Schutte offered Resolution No. 67R-79 for adoption, authorizing preparation of necessary ordinance changing the zone as recommended, subject to the recommendations of the City Planning Commission. 9959 City Hall~ Anaheim~ California - COUNCIL MINUTES February 14~ 1967~ 1:30 P.M. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED° (66-67-46 R-2 5,000) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Pebley, Schutte and Krein None Dutton and Chandler The Mayor declared Resolution No. 67R-79 duly passed and adopted. PUBLIC HEARING - PROPOSED AMENDMENT TO ANAHEIM MUNICIPAL CODE: Public hearing was held to consider City Planning Commission Resolution No. PC67-5, re- commending an amendment to Title 18, Chapter 18.08, Definitions, by the addition of Section 18.08.511, Restaurant Enclosed; Section 18.08.612, Restaurant Semi-enclosed; Section 18.08.613, Restaurant Walk-up; and Section 18.08.614, Restaurant Drive-in. Assistant Planner Marvin Krieger reported that as a result of a staff study requested by the City Planning Commission, proposed definitions for various types of restaurants were submitted and approved by the Commission, as set forth in Exhibit "A", attached to Resolution No. PC67-5; and he thereupon red the proposed definitions. Mayor Krein asked if anyone wished to address the City Council relative to the proposed amendment to the Municipal Code, there being no response, declared the hearing closed. ORDINANCE NO. 2355: Councilman Pebley offered Ordinance No. 2355 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.08 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SECTIONS 18.08.611, 18.08.612, 18.08.613 and 18.08.614. (Exhibit "A") PUBLIC HEARING - PROPOSED AMENDMENT TO ANAHEIM MUNICIPAL CODE: Public hearing was held to consider City Planning Commission Resolution No. PC67-6, recommending an amendment to Title 18, Chapter 18.38, C-O Commercial Office Zone; and Chapter 18.52 M-l, Light Commercial Zone, to include amendments thereto pertaining to enclosed, semi-enclosed, drive-in or walk-up restaurants as permitted for conditional uses in said zones. Mr. Krieger reported that in conjunction with the definitions for restaurants just considered, it was recommended by the Planning Commission that these restaurants be included in the aforementioned zones, in accordance with Exhibit "A" of the Planning Commission's resolution. He briefed the findings of the City Planning Commission precedent to their recommendation. The Mayor asked if anyone wished to address the City Council re- lative to the proposed amendment to the Municipal Code, there being no response, declared the hearing closed. ORDINANCE NO. 2356: Councilman Schutte offered Ordinance No. 2356 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.38, SECTIONS 18.38.030 and 18.38.040; CHAPTER. 18.40, SECTIONS 18.40.020 AND 18.38.060; AND CHAPTER 18.52, SECTION 18.52.050 OF THE ANAHEIM MUNICIPAL CODE. (Exhibit "A") Councilman Chandler entered the meeting 2:00 P.M. 9960 City Hall~ Anaheim~ California - COUNCIL MINUTES February 14~ 19677 1:30 P.M. CONDITIONAL USE PERMIT NO. 346: Submitted by Kenyon K. Kohne, Attorney for the applicant, requesting amendment to the required six foot masonry wall, R-3 zone property located at 920 South Nutwood Street. Said request was continued from the meetings September 27, and December 27, 1966 and January 24, 1967 to this date to allow additional time for negotiations with the property owner to the south for a possible solution to the problem. Mr. Thompson reported on telephone conversation this date with Mr. Knisely, associated with Mr. Kohne, advising that apparently the attempt to resolve the problem has failed; and it is recommended that the City Council consider the recommendations of the Development Services Department that the waiver of wall on the south boundary of subject property be denied. At the conclusion of the brief discussion that followed, it was moved by Councilman Chandler, seconded by Councilman Pebley, that final determination on the requested elimination of the required six foot masonry wall along the south boundary of subject R-3 property be continued to March 7, 1967. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 616 - EXTENSION OF TIME: Request for 90 day extension of time to Conditional Use Permit No. 616 was deferred to a time later in the afternoon to allow interested parties to be present. WAIVER OF LICENSE FEES: Communication dated January 17, 1967, from Norman Porter, 615 South Euclid Street, Santa Ana, was submitted requesting renewal of one year waiver of license fees granted February 1, 1966, pursuant to Section 3.04.120 of the Anaheim Municipal Code, "Exemption Disabled Veterans". On motion by Councilman Chandler, seconded by Councilman Schutte, said request was granted subject to provisions of Section 3.04.120 of the Anaheim Municipal Code. MOTION CARRIED. SIDEWALK WAIVER - 1525 NORTH EAST STREET: Request of Howard McNeil on behalf of Laura Scudder's, for temporary waiver of sidewalk at 1525 North East Street, was submitted. On the recommendations of the City Engineer, Councilman Pebley moved that temporary sidewalk waiver be granted, subject to the provision that no permanent planting or permanent type improvements be permitted within the area reserved for future sidewalk. Councilman Schutte seconded the motion. MOTION CARRIED° REQUEST FOR PUBLIC HEARING - OCCIDENTAL PETROLEUM CORPORATION OIL WELL DRILLING PERMIT: Communication received January 30, 1967, from Robert B. & Marion E. Godwin, 1900 East Rosewood Avenue, together with petition containing approximately 50 signatures, requesting public hearing on oil well drilling permit, Applica- tion No. 1408, issued to Occidental Petroleum Corporation for property located in the vicinity of the northwest corner of State College Boulevard and Romneya Drive, was submitted and reviewed by the City Council together with report dated February 8, 1967 from the Development Services Department. At the request of Mayor Krein, City Attorney Joseph Geisler briefed provisions of the Anaheim Municipal Code relative to the issuance of oil well drilling permits. A number of people being present in the Council Chamber, Mayor Krein asked for a show of hands by those opposed to the oil drilling. One gentleman responded. When asked for those in favor of the drilling, a great majority of those present raised their hands. It was reported that the people who were opposed to the drilling for oil on subject property had planned to appear at a later hour. Mr. R. W. Bruce, Manager of the Land Department, Occidental Petroleum Corporation, inquired whether the appeal was filed within the ten-day time limit after the permit was issued January 19, 1967, and requested clarification of their position as to drilling operations during the interim period before the public hearing is held. 9961 City Hall? Anaheim? California - COUNCIL MINUTES - February 14~ 1967~ 1:30 P.M~ Mr. Geisler was of the opinion that the filing of an appeal from the administrative approval of the drilling permit would preclude exercising said permit until a determination had been made after the public hearing. He noted that the appeal was received January 30, which was within the legal time limit, as the tenth day fell on Sunday. Councilman Pebley moved that public hearing to consider the appeal filed by residents in the area to the granting of the drilling permit be scheduled March 14, 1967, 7:00 P.M., in the Anaheim Central Library. Councilman Schutte seconded the motion. MOTION CARRIED. Mayor Krein requested that at said hearing, the evidence to be presented be limited to a spokesman from each group. PETITION - BROADWAY STREET IMPROVEMENTS: Petition containing approximately 66 signatures of residents on West Broadway, Corner Street, Ramm Drive, Rosebay Street and Marian Drive was submitted requesting the widening of the south side of Broadway from Gilbert to Greenwich Street, and the improvement thereof, including curbs, gutters, sidewalks, storm drains and paving. Assistant to the City Manager, Fred Sorsabal, noted the area in question on a map posted on the east wall of the Council Chamber, and reported that property on the south side of Broadway has been dedicated to 20 feet from the monumented centerline, and to complete required improvements would necessitate dedication from property owners of an additional 20 feet. Mr. Sorsabal further advised that there are six property owners involved, one of whom has agreed to dedicate 20 feet of property if the city will make necessary modifications to driveways, and install all other improvements with the exception of sidewalks. It was the recommendation of the City Manager that the City Council reaffirm its policy on street improvements and deny subject petition until such a time as the six property owners involved agree to the exchange of property for street improvements. Council discussion was held and Councilmen Chandler and Schutte were of the opinion that no action should be taken on the petition, the street improvements to take place only after dedication has been received from the six property owners. Mrs. Ann Gerhardt, 323 Corner Street, inquired as to whether a storm drain could be installed, and advised of a serious flooding problem in the neighborhood. The City Engineer reported that there is a storm drain in Broadway which extends east to Gilbert Street; however he was of the opinion that this drain would not be extended further east until that area still under the jurisdiction of the County of Orange had been annexed to the City. Further, that if the necessary dedication were received to widen the street, and a storm drain installed at the southeast corner of Gilbert Street and Broadway, there would be more capacity in the street to carry waters to the storm drain which would alleviate the problem. Regarding the dedication for the widening of the street, Mrs. Gerhardt expressed the opinion that the additional property would have to be condemned by the city, as it was her understanding that the residents hesitate to relinquish the rural atmosphere which they have enjoyed for many years by giving up some of their property and then installing sidewalks. She suggested that if the street is improved, sidewalks be waived. The City Manager noted that the area in question is single family residential in nature, and in all probability will remain so for some time to come; and he suggested that the City Council might wish to consider in- cluding sidewalk installation in the improvements offered in exchange for dedication for widening of the street, if it was deemed to be of merit to the entire area, and where changes of zoning would not be likely in the near future. That providing for all improvements to widen the street might be the best way of resolving the flooding problem in the neighborhood. 9962 City Hall~ Anaheim, California - COUNCIL MINUTES February 14~ 1967~ 1:30 P.M. Further discussion was held, and at the conclusion thereof, Council- man Chandler moved that the City Engineer be authorized to continue negotia- tions with the property owners for necessary dedication, with street improve- ments and sidewalks to be installed by the City if dedication is obtained from all owners involved. Councilman Schutte seconded the motion. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 616 - EXTENSION OF TIME: Communication dated January 23, 1967, from George Page, owner of property located west and south of the southwest corner of Katella Avenue and State College Boulevard, requesting an additional 90 day extension of time for compliance of conditions of Conditional Use Permit No. 616, pursuant to Resolution No. 64R-725, was submitted together with reports from the City Engineer and the Development Services Department. Dr. John Magrann, 407 South Archer Street, former Authorized Agent for the petitioner, advised he was no longer associated with Mr. Page; that he was opposed to any further extensions to said conditional use permit and if possible, he desired to withdraw the proposed plans filed in connection therewith. Subject file was reviewed by the City Council, and it was noted that several extensions of time have been granted, the last extension having expired in August of 1966; further, that none of the conditions of approval have been met. On motion by Councilman Krein, seconded by Councilman Pebtey, request for extension of time to Conditional Use Permit No. 616 was denied. MOTION CARRIED. RESOLUTION NO. 67R-80: Councilman Schutte offered Resolution No. 67R-80 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 616, AND DECLARING RESOLUTION NO. ~7R~ N~LL A~ND VOID. 64R-725,/~z~Y. Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Pebley, Schutte, Chandler and Krein None Dutton The Mayor declared Resolution No. 67R-80 duly passed and adopted. CHANGE ORDER NO. 1 JOB NO. 116: On the recommendations of the City Engineer, Councilman Chandler moved that Change Order No. 1, Job No. 116, consisting of additional work in the amount of $6,323.23 be authorized. Councilman Schutte seconded the motion. MOTION CARRIED. RESOLUTION NO. 67R-81 - AWARD OF PROJECT NO. SS 493B: In accordance with the recommendations of the City Engineer, Councilman Pebley offered Resolution No. 67R-81 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE IMPROVEMENT OF PORTIONS OF WAGNER AVENUE AND STATE COLLEGE BOULEVARD, IN THE CITY OF ANAHEIM, SS PROJECT NO. 493B. (R.J. Noble Company - $22,729.30) Roll call vote~ 9963 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 14~ 1967~ 1:30 P.M. AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Pebley, Schutte, Chandler and Krein None Dutton The Mayor declared Resolution No. 67R-81 duly passed and adopted. DEEDS OF EASEMENT: Councilman Chandler offered Resolutions Nos. 67R-82 and 67R-83 for adoption. Refer to Resolution Book. RESOLUTION NO. 67R-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES° (Menasha Wooden Ware Corp.) RESOLUTION NO. 67R-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (John A. and Bessie L. Eakin) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Pebley, Schutte, Chandler and Krein None Dutton The Mayor declared Resolutions Nos. 67R-82 and 67R-83 duly passed and adopted. ANAHEIM TRANSPORTATION CENTER - MODIFICATION TO SUBLEASE: On report and re- commendation by the City Attorney, Councilman Pebley moved that modification to the sublease attached to the option to lease executed by the City of Anaheim to Anaheim Transportation Center, be approved, said modification pertaining to the provision for default by any subtenant. Councilman Schutte seconded the motion. MOTION CARRIED. CLAIMS AGAINST THE CITY: The following claims against the city were denied, as recommended by the City Attorney, and ordered referred to the Insurance Agent on motion by Councilman Pebley, seconded by Councilman Schutte: ao Claim submitted by Mrs. Arthur V. Allison for damages purportedly resulting from a narrow pedestrian sidewalk fronting property at 711 Katella Avenue, during a period between December 31, 1966 and January 2, 1967. b. Claim submitted by Mrs. Harriet Gray on behalf of Ted Gray for damages purportedly resulting from hazardous road condition at the intersection of Crescent Avenue and Gilbert Street, on or about January 23, 1967. c. Claim submitted by Jerry D. Wu, M. D., on behalf of Beverly Canole, for injuries purportedly resulting from being struck by a baseball on or about June 29, 1966. MOTION CARRI ED. CLAIM AGAINST THE CITY: On the recommendation of the City Attorney, claim submitted by Mrs. Isabel Vo Willhite for injuries purportedly resulting from a fall on or about December 9, 1966, was denied due to insufficiency of form and referred to the City Attorney, on motion by Councilman Pebley, seconded by Councilman Schutte MOTION CARRIED. CLAIM AGAINST THE CITY: Application to file a late claim, and claim against the city, filed by Gordon X. and Scott Do Richmond, Attorneys representing Mr. and Mrs. Charles C. Andren, for injuries and damages purportedly resulting from a fall on or about May 15, 1966, were denied and referred to the City Attorney on motion by Councilman Pebley, seconded by Councilman Schutte. MOTION CARRIED. PROPOSED PARK NAME CHANGE: Recommendation of the Parks and Recreation Commission proposing a change of name for Hansen Park (Community Park located between Melbourne Gauer Elementary School and Brookhurst Junior High School), was 9964 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 14~ 1967~ 1:30 P.M. continued from the meetings of November 9 and 15, 1966, and the matter was referred to the Parks and Recreation Commission for a recommendation of alternate names. On motion by Councilman Schutte, seconded by Councilman Pebley, Council decision on the Parks and Recreation Commission's recommendation was continued to the meeting of February 28, 1967, to allow consideration by the full City Council. MOTION CARRIED. RESOLUTION NO. 67R-84: Councilman Chandler offered Resolution No. 67R-84 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE EXECUTION OF A MUTUAL FIRE PROTECTION AID AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE STATE DIVISION OF FORESTRY. (Five years) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Pebley, Schutte, Chandler and Krein None Dutton The Mayor declared Resolution No. 67R-84 duly passed and adopted. CITY ACCOUNTS - AWARD DATA PROCESSING SERVICES AND PRIORITIES: Finance Director Douglas Ogden reported that proposals had been received from three local banks to provide data processing services for all warrants of the City, two of which proposals were equal, providing said service with no charge, the City to provide only the cost of the checks. He stated they had no recommendation as to which bank should be selected, and he suggested that the City Council select between the Security First National Bank and the United California Bank, perhaps by means of a drawing. Mr. Ogden further reported on proposals received from banks to enter into an agreement for the new General Warrant Account and the Payroll Account depositories, advising that the four proposals had been placed in sealed envelopes to be drawn in order to determine which banks would receive said accounts for the initial two year periods, and the subsequent two year periods. The City Manager suggested that the first qualifying bank drawn for account depository be selected to provide data processing services. The envelopes were drawn in the following order by members of the audience, with the following results determined by lot: United California Bank - Data Processing Services. United California Bank - Depository Initial Payroll Account (Class B Banks). Security First National Bank - Depository - Initial General Account (Class A Banks). Bank of America - Depository - General Account (second two-year term). Independent Bank - Depository - Payroll Account (second two-year term). CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Pebley, seconded by Councilman Chandler: a. Orange County Water District Resolution No. 67-6 - endorsing $46.4 million bond issue for flood control and water conservation. b. Minutes Orange County Mosquito Abatement District 19, 1967. Meeting of January MOTION CARRIED. ANAHEIM CENTRAL LIBRARY - LOCAL HISTORY ROOM: Communication dated January 27, 1967, was submitted from the Anaheim Public Library Board recommending that the new Local History Room be named "Mother Colony History Room". 9965 City Hall~ Anaheim, California - COUNCIL MINUTES - February 14~ 1967~ 1:30 P.M. On motion by Councilman Pebley, seconded by Councilman Schutte, the recommendation of the Library Board was approved. MOTION CARRIED. ORDINANCE NO. 2353: Councilman Pebley offered Ordinance No. 2353 for adoption. Refer to O-dinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM, CALIFORNIA, PROVIDING FOR THE ISSUANCE OF MUNICIPAL IMPROVEMENT BONDS OF SAID CITY IN THE AMOUNT OF $2,300,000. Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Pebley, Schutte, Chandler and Krein None Dutton Mayor Krein declared Ordinance No. 2353 duly passed and adopted. FINANCE DIRECTOR'S OFFICIAL STATEMENT MUNICIPAL IMPROVEMENT BONDS, 1963 - SERIES B: The City Council reviewed the official statement of Finance Director Douglas Ogden relative to the issuance of Municipal Improvement Bonds, 1963, Series B, and approved said statement, on motion by Councilman Schutte, seconded by Councilman Pebley. MOTION CARRIED. ORDINANCE NO. 2354: Councilman Schutte offered Ordinance No. 2354 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO PARKING. (No Parking - Portions of Katella Avenue) Roll call vote: AYES: COUNCILMEN: NOES~ COUNCILMEN: ABSENT: COUNCILMEN: Pebley, Schutte, Chandler and Krein None Dutton Mayor Krein declared Ordinance No. 2354 duly passed and adopted. ORDINANCE NO. 2357: Councilman Pebley offered Ordinance No. 2357 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4, CHAPTER 4.72 of the ANAHEIM MUNICIPAL CODE BY AMENDING SECTIONS 4.72.320 to 4.72.360, BOTH INCLUSIVE, AND BY REPEALING SECTION 4.72.370. (Driver's Permits) ORDINANCE NO. 2358: Councilman Schutte offered Ordinance No. 2358 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (63-64-62(3) R-3) ALCOHOLIC BEVERAGE LICENSE APPLICATIONS: The following alcoholic beverage license applications were presented by the City Manager to the City Council for their information: ao Application submitted by Albertsons, Inc. for Premise~ to Premises Transfer of Off-Sale General license for Albertsons Food Center #628, 1670 West Katella Avenue (C-1 zone). b. Application submitted by Eldon D. Skolil for New On-Sale Beer and Wine license at Dial-N-Dine, 2806 West Ball Road (C-1 zone; Conditional Use Permit No. 420 permits beer and wine to be served with meals only). No Council action was taken on the foregoing applications. 9966 City Hall~ Anaheim~ California - COUNCIL MINUTES February 14, 19677 1:30 P.M. PROPOSED AGREEMENT SZABO FOOD SERVICE~ INC. OF CALIFORNIA: Council determination on the proposed agreement with the Szabo Food Service, Inc. of California to provide food services at the Anaheim Convention Center was continued from the meetings of January 24 and February 7, 1967 for further review and analysis. Mr. Geisler briefly reviewed the original proposal for food services, based on a straight management concept, advising wording changes thereto, with the basic form remaining substantially the same. Relative to comparing the original proposal from Szabo Food Service, Inc., with the proposal re- ceived from Canteen Corporation of America, he reported on meetings held by the City's staff in an effort to provide a guarantee against loss to the city in the proposed agreement with the Szabo Firm, advising that it was determined to be impossible to work out such a guarantee without relinquishing the city's absolute control of the concessions. The proposed agreement before the City Council today was substantially the same as originally proposed, with the city being obligated for the dif- ference, should expenses of operating the concessions total more than receipts; however, the city would retain control of the prices, quantities and quality of the food served. Mr. Geisler noted the responsibilities of the concession- aire, and was of the opinion that it was preferable to forego the guarantee to the city against loss, and retain said controls of operation. RESOLUTION NO. 67R-85: Brief discussion was held by the City Council, and at the conclusion thereof, Councilman Schutte offered Resolution No. 67R-85 for adoption, authorizing the execution of an agreement with Szabo Food Service, Inc., of California as presented this date, with one addition to Page 6 thereof, at the end of Paragraph 6, as follows: "It is not intended by the reservation of rights, privileges, powers and immunities in this paragraph to oust the State from jurisdiction in the issuance of licenses and regulations of the sale of alcoholic beverages, nor to interfere with the enforcement of State rules and regulations in connection therewith." Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF A CONCESSIONS AGREEMENT WITH SZABO FOOD SERVICE, INC. OF CALIFORNIA, RELATING TO THE ANAHEIM AUDITORIUM AND CONVENTION CENTER. Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Pebley, Schutte, Chandler and Krein None Dutton The Mayor declared Resolution No. 67R-85 duly passed and adopted. On motion by Councilman Krein, seconded by Councilman Pebley, the City Attorney's Office was authorized to cooperate with the Concessionaire with all matters necessary to obtain an alcoholic beverage license for the Anaheim Convention Center. MOTION CARRIED. HOME SAVINGS AND LOAN ASSOCIATION - PROPOSED GIFT: Council decision on Home Savings and Loan Association's offer of an armillary type sun-dial as a gift to the City of Anaheim was deferred from the meeting of February 7, 1967 for visual inspection, and for suggestions for possible locations where the gift might be installed. Mr. Murdoch advised that the sun-dial has not been completed, but several are being constructed and will also be made available to other cities. 9967 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 14~ 19677 1:30 P.M. Mr. Murdoch advised that his office would investigate possible locations for the sun-dial. At the conclusion of the discussion, it was moved by Councilman Krein, seconded by Councilman Chandler, that the City Manager be instructed to write a letter of appreciation to Home Savings and Loan Association, and advising that the City Council would appreciate an opportunity to view a model of the sun-dial prior to selecting a final location. MOTION CARRIED. RECESS: Councilman Chandler moved for a ten minute recess. Councilman Schutte seconded the motion. MOTION CARRIED. (3:30 P.M.) AFTER RECESS: Mayor Krein called the meeting to order, all members of the City Council being present with the exception of Councilman Dutton. WESTERN PLUMBING OFFICIALS ASSOCIATION AWARD - AL MANDLE: The City Manager read letter dated January 20, 1967 from William Co Schmidt, Executive Director of Western Plumbing Officials Association, advising of award presented October 22, 1966 to City Employee A1Mandle for being the governmental representative who contributed the most to the ideals and to the principles of the association. On behalf of the City Council, Mayor Krein requested Mr. Mandle attend the February 21 Council Meeting to receive congratulations of the Council. ANAHEIM VISITOR AND CONVENTION BUREAU - 1967 PROMOTIONAL TOUR: Mr. Murdoch noted the route to be followed by the Anaheim Visitor and Convention Bureau "Gladhanders" 1967 Promotional Tour, to leave Cleveland, Ohio, on or about March 6. Councilman Chandler moved that Council participation be authorized, with at least one member in attendance. Councilman Krein seconded the motion. MOTION CARRIED. PROPOSED AMENDMENT - SALARY RESOLUTION: The City Manager briefed memorandum dated February 14, 1967 from Personnel Director Roy Heissner (copies furnished each Councilman), recommending reclassification of certain positions, and the initiation of three additional classifications for the Stadium and Convention Center Department. Convention Center and Stadium Director Tom Liegler submitted for Council review the Operations Chart for the Stadium and Convention Center, and reported that the proposed amendment would establish three divisions of personnel, with the Maintenance Division taking care of both facilities in order to provide an economical operation. RESOLUTION NO. 67R-86: At the conclusion of Council discussion, Councilman Chandler offered Resolution No. 67R-86 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 66R-459 AND ESTABLISHING RATES OF COMPENSATION FOR NEW JOB CLASSES. (Stadium and Convention Center Department) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Pebley, Schutte, Chandler and Krein None Dutton The Mayor declared Resolution No. 67R-86 duly passed and adopted. SOLICITATION PERMIT: On motion by Councilman Pebley, seconded by Councilman Schutte, the La Habra Lions Club was granted solicitation permit in con- junction with their annual Corn Festival, on condition that no solicitation take place on the Anaheim Stadium or Convention Center properties. MOTION CARRIED. 9968 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 14~ 19677 1:30 P.M. ORANGE COUNTY FLOOD CONTROL AND WATER CONSERVATION PROGRAM - SPECIAL ELECTION: Mayor Krein submitted communication dated February 7, 1967, from William D. Martin and Philip Jo Reilly, Co-Chairman, Citizens Committee for Flood Control and Water Conservation, requesting resolution in support of the special election called by the Orange County Board of Supervisors for March 21, 1967 for submission to the voters of a proposal for the issuance of flood control bonds. Councilman Schutte moved that the City Council express approval of the Flood Control Bond Issue. Councilman Krein seconded the motion. MOTION CARRIED. RESOLUTION NO. 67R-87: Councilman Schutte offered Resolution No. 67R-87 for adoption, endorsing the bond issue proposal, and recommending support of the issue by the voters of the County. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ENDORSING AND RECOMMENDING THE SUPPORT OF THE PROPOSED FLOOD CONTROL BOND ISSUE. ($42,620,000.00 March 21, 1967) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Pebley, Schutte, Chandler and Krein None Dutton The Mayor declared Resolution No. 67R-87 duly passed and adopted. RECESS: Councilman Pebley moved to recess to 7:00 P.M. Councilman Chandler seconded the motion. MOTION CARRIED. (4:20 P.M.) AFTER RECESS: Mayor Krein called the meeting to order. PRESENT: ABSENT: PRESENT: COUNCILMEN: Pebley, Schutte, Chandler and Krein. COUNCILMEN: Dutton. CITY MANAGER: Keith A. Murdoch. CITY ATTORNEY: Joseph Geisler. DEPUTY CITY CLERK: Alona M. Farrens. CITY ENGINEER: James P. Maddox. ASSISTANT DEVELOPMENT SERVICES DIRECTOR: Robert Mickelson. ZONING SUPERVISOR: Ronald Thompson. PLANNING SUPERVISOR: Ronald Grudzinski. INVOCATION: Reverend Stanley Herber, of the Free Methodist Church, gave the Invocation. FLAG SALUTE: Councilman Chandler led the Assembly in the Pledge of Allegiance to the Flag. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 908: Submitted by John T. and Elta B. Stowers, requesting permission to establish a pawn shop on C-2 zone property, briefly described as located at 162 West Lincoln Avenue. The City Planning Commission pursuant to Resolution No. PC67-1 denied said conditional use permit. Appeal from action taken by the City Planning Commission was filed by the petitioners and public hearing scheduled this date. Mr. John Guerin representing the petitioner, presented a petition signed by approximately 88 shop-keepers and property owners in the city in favor of the conditional use permit to allow a pawn shop. Also submitted was list of twelve merchants who had no objection to the pawn shop, but wished to remain neutral on the issue, in addition to a summary of petition signatures included on said list. 9969 City Hall, Anaheim~ California - COUNCIL MINUTES - February 14~ 1967, 1:30 P.M. Mr. Guerin advised that the primary nature of the proposed business was in fact a specialty shop for buying, selling and trading of old and antique musical instruments, which Mr. and Mrs. Stowers have collected for many years. That the petitioners have purchased the property, for this particular use, only as they are not qualified to operate any other type of business. In summary, Mr. Guerin called attention to another pawn shop opened in the downtown area within the past year, and advised that subject property had been vacant for a year. He was of the opinion that prolonged vacancies are detrimental to any area. Mr. John Stowers, petitioner, noted that the term "pawn shop" was the only definition provided in the Municipal Code for the business he intends to operate. He further explained the nature of the proposed business, and advised that in an instance where something of value, other than a musical instrument, were offered as a pawn, they would probably accept it; that the display windows would be free of such items as used cooking utensils, and the shop would be maintained so as not to be detrimental. Mr. Stowers submitted for the record reference letters from the Costa Mesa Chief of Police and the Newport Beach Police Department. In response to Councilman Pebley's questions, Mr. Stowers advised that he owned the building in question, and would operate the proposed business himself; that he did not operate any similar business elsewhere at the present time. Further, that he would extend his power of attorney to a nearby merchant to see that the property was vacated should the operation and maintenance of the proposed pawn shop be unsatisfactory. The Mayor asked if anyone wished to address the City Council in opposition to the granting of subject conditional use permit. Mr. Stanley Pawlowski, Chairman of the Downtown Anaheim Association, representing real property owners, read resolution passed by the Association, at a special meeting held February 13, 1967, conveying to the City Council direct opposition to the operation of a pawn shop to any degree. He advised that the Association does not question the integrity of the petitioner, but it was felt that the proposed business would be detrimental to those businesses currently operating; that the type of business proposed imposes a burden on the taxpayers and would cause an economic impact to the property; that it would result in a gradual withdrawal of merchants from the area, causing a decline in sales tax revenues. As a banker and a property owner, Mr. Pawlowski noted that lending institutions and other investors check the location, the condition of the property, the type of business and future prospects, and he was of the opinion that a pawn shop would not be an asset to any location, and would reduce land and property values. In Mr. Pawlowski's opinion, the projected Urban Redevelopment Program, proposed for the center city area, should be considered in making a decision on requests for the downtown area, and he thereupon requested that subject conditional use permit be denied. The Mayor asked if others who were present in opposition to the application were in agreement with Mr. PawloWski's presentation, the response being in the affirmative, asked if the proponent wished to address the Council in rebuttal. Mr. Guerin noted that many of the signatures on the petition of approval were those of merchants in the immediate area of the property, and the resolution adopted by members of the Downtown Anaheim Association was a matter of opinion. Relative to appraisal of property values, he was of the opinion that the proposed operation would be preferable to the absence of any business. That to deny subject application would remove the normal rights of the petitioner as a property owner. 9970 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 147 1967~ 1:30 P.M. In conclusion, Mr. Guerin noted the established beer-bars, cocktail lounges, etc. in the area, and advised that the petitioner did not intend to install a pawn shop sign~ He was of the opinion that nothing factual had been presented to justify denial of subject conditional use permit. Mayor Krein announced that a good cross section of the evidence had been presented, and thereupon declared the hearing closed. Discussion was held by the City Council, and Councilman Pebley noted that an area in downtown Los Angeles where many pawn shops are located was not a first class neighborhood. Reference was made to the petition in favor of the conditional use permit submitted this date, it being noted that many of the persons who signed the petition resided in various locations all over the city. RESOLUTION NO. 67R-88: Councilman Pebley offered Resolution No. 67R-88 for adoption, upholding the action taken by the City Planning Commission denying subject application. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 908. Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Pebley, Schutte, Chandler and Krein None Dutton The Mayor declared Resolution No. 67R-88 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 66-67-47 AND CONDITIONAL USE PERMIT NO. 912: Submitted by David Maddox requesting change of zone from R-A to C-i, and permission to establish a small animal hospital and poodle parlor; property briefly described as located on the north side of Lincoln Avenue approximately 160 feet west of Western Avenue. The City Planning Commission pursuant to Resolution No. PC67-11 recommended approval of said reclassification, subject to the following conditions. That street improvement plans shall be prepared and all engineering requirements of the City of Anaheim along Lincoln Avenue, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be completed as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of said engineering requirements. That the owner of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Lincoln Avenue, for street lighting purposes. That a Parcel Map to record the approved division of subject property be submitted to the City of Anaheim for approval and then be recorded in the office of the Orange County Recorder. That the owner of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Lincoln Avenue, for tree planting purposes. That any air-conditioning facilities proposed shall be properly shielded from view prior to final building and zoning inspections. That Condition Nos. 1, 2, 3, and 4, above mentioned, shall be complied with within a period of 180 days from the date hereof, or such further time as the City Council may grant. The City Planning Commission pursuant to Resolution No. PC67-12 granted said conditional use permit, subject to the following conditions: 9971 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 14~ 1967~ 1:30 P.M. 1. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works, prior to final building inspection. 2. That this conditional use permit is granted subject to the completion of Reclassification No. 66-67-47. 3. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, and 3. Mr. Thompson noted the location of subject property and the existing uses and zoning in the immediate area, summarizing the evidence submitted to and considered by the City Planning Commission. The Mayor asked if the petitioner or his representative wished to address the City Council. Mr. James Schuler, 914 East Katella Avenue, Authorized Agent, described the type of structure proposed, advising that the hospital would contain from 3200 to 3500 square feet, with the poodle parlor portion to be from 700 to 800 square feet. He stated he was willing to answer any questions of the City Council. The Mayor asked if anyone wished to address the Council in opposition to subject applications, there being no response, declared the hearing closed. RESOLUTION NO. 67R-89: Councilman Chandler offered Resolution No. 67R-89 for adoption, authorizing preparation of necessary ordinance changing the zone as requested, subject to the recommendations of the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (66-67-47 - C-l) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Pebley, Schutte, Chandler and Krein None Dutton The Mayor declared Resolution No. 67R-89 duly passed and adopted. RESOLUTION NO. 67R-90: Councilman Chandler offered Resolution No. 67R-90 for adoption granting Conditional Use Permit No. 912. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 912. Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Pebley, S~hutte, Chandler and Krein None Dutton The Mayor declared Re~olution No. 67R-90 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 66-67-48 AND CONDITIONAL USE PERMIT NO. 913: Submitted by Forest Lawn Cemetery Association requesting change of zones from R-A and C-1 to C-1 on Parcel One, and R-3 on Parcel Two; further requesting permission for on-sale liquor in proposed restaurant; property briefly described as follows: Parcel 1 - An irregularly shaped parcel of land having a frontage of approximately 321 feet on the south side of Lincoln Avenue, with a 9972 City Hall~ Anaheim~ California - COUNCIL MINUTES February 14~ 1967~ 1:30 P.M. maximum depth of approximately 700 feet; the westerly boundary thereof located approximately 1350 feet east of the centerline of State College Boulevard. Parcel 2 A rectangularly shaped parcel of land approximately 333 feet by 316 feet, south of and adjacent to the southerly boundary of Parcel 1, the westerly boundary of Parcel 2 being bounded to the west by Westport Drive. The City Planning Commission pursuant to Resolution No. PC67-13 recommended approval of said reclassification, subject to the following conditions: 1. That the owners of subject property shall deed to the City of Anaheim a strip of land 53 feet in width, from the centerline of the street, along Lincoln Avenue, for street widening purposes. 2. That street improvement plans shall be prepared and all engineering requirements of the City of Anaheim along Lincoln Avenue such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be completed as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of said engineering requirements. 3. That the owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Lincoln Avenue, for street lighting purposes. 4. That a Parcel Map to record the approved division of subject property be submitted to the City of Anaheim for approval and then be recorded in the office of the Orange County Recorder. 5. That the owners of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Lincoln Avenue, for tree planting purposes. 6. That proposed street improvement plans for Citadel Lane and Westport Drive be subject to the approval of the City Engineer, prior to develop- ment of Parcel No. 2. 7. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 8. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department. 9. That any air-conditioning facilities proposed shall be properly shielded from view. 10. That Condition Nos. 1, 2, 3, 4, and 5, above mentioned, shall be complied with within a period of 180 days from the date hereof, or such further time as the City Council may grant. 11. That Condition Nos. 7 and 8, above mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission pursuant to Resolution No. PC67-14 granted said conditional use permit, subject to the following conditions: 1. That this conditional use permit is granted subject to the completion of Reclassification No. 66-67-48. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Ex- hibit Nos. 1, 2, 3, 4, and 5. Mr. Thompson noted the location of subject property, and the existing uses and zoning in the immediate area, calling attention to the branch library proposed for the easterly portion of Parcel 1. He reported that no plans have been submitted for the proposed R-3 portion of the property (Parcel 2). Plans and the files were reviewed by the City Council, and the Mayor asked if the petitioner's representative wished to address the City Council. Mr. Austin Eddy, Vice P~esident of Forest Lawn Mortgage and Investment Company, briefed the history of subject property, noting the city's eminent domain proceedings pending on the library site, and advised of attempts made to add a quality family restaurant to the shopping center. 9973 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 14~ 1967~ 1:30 P.M. He further advised that the plans for the westerly portion of Parcel 1 are for a Jolly Roger Restaurant, with a completely separate cocktail lounge comprising approximately one third of the building, having a separate entrance at the rear of the facility. Mr. Eddy noted that the restaurant would over- lap C-1 property to the west, adjacent to the service drive on the east side of the existing food market, and he called attention to Exhibit 2 of the plot plan submitted with the conditional use permit~ illustrating the proposed separate parking area on the east and south, with access d~ive which would serve only the restaurant, and having decorative walls and landscaping. Mr. Eddy pointed out that the restaurant will be located 180 feet west of the branch library, and he displayed a colored rendering illustrating the easterly elevation of the proposed restaurant. In response to Council questioning, Mr. Eddy advised that the restaurant would be opened until approximately 2:00 A.M., and he noted locations of similar Jolly Roger facilities, being of the opinion that the restaurant would fill a need in this area. He advised that R-3 zoning to the rear was proposed at this time basically for designation of future use of the property. Mayor Krein asked if anyone wished to address the City Council in opposition. Mr. Bob Wilson, 2312 Paradise Road, recalled that an eating establishment had been denied previously on Parcel 1 as not being the best use of the property. He expressed admiration for the design of the proposed Jolly Roger Restaurant, but questioned whether this would be in the best interest of the general area, and the best use of the land; being of the opinion that some other development such as a medical center would be more compatible. Mr. Eddy reported that the previous pizza restaurant application was denied by the Planning Commission in 1964, and was subsequently approved by the City Council; however those plans were not pursued. He noted the difference in the two types of restaurant facilities. Councilman Schutte asked whether a masonry wall could be constructed to separate the restaurant from the library. Mr. Eddy questioned the advantage of such a wall, in addition to the extensive landscaping and separated parking which would be provided. Mr. Wilson addressed the Council advising that his home backed up to the north side of Lincoln Avenue, and noted that the restaurant is pro- posed for a setback of approximatly 16 feet. However, he stated that his primary objection was to the establishment of the cocktail lounge adjacent to the proposed branch library. Discussion was held by the City Council, and Mr. Eddy noted that the architect for the library, Mr. Richard Tom, had reviewed the restaurant layout, and schematic plans for the library substantially conform. Mr. Tom Lindsey, Architect, 401 Silver Lake Boulevard, Los Angeles, addressed the Council advising that the layout was purposely designed to allow the ultimate separation between the library and the proposed rest- aurant. Mr. Lindsey detailed the landscaping and driveway provisions, estimating that landscaping requirements of the city had been exceeded approximately four times in order to create a park entrance and surroundings for the restaurant, which would also compliment the library. He was confident that the neighbors and the business people would be proud of the facility, as well as the entire easterly portion of the commercial property, when future development takes place. 9974 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 14~ 1967~ 1:30 P.M. In response to Council questioning, it was reported that the pro- posed layout for the restaurant had been shown to the opposition. With reference to the suggested masonry wall to separate the restaurant from the library, Mr. Lindsey was strongly opposed, noting that to accomplish the purpose, such a wall would necessarily surround the restaurant property, which would be a visual intrusion, and would necessitate the wall being constructed adjacent to driveways. He called attention to their plans for illuminated 30 inch to 36 inch masonry elements for the landscaped planters, and advised he would prefer the site to remain as open as possible. Councilman Schutte noted the quality of homes in the area, and expressed the opinion that the type of facility proposed would not be desirable so close to residential properties, nor to the branch library. RESOLUTION NO. 67R-91: At the conclusion of the brief discussion that followed, Councilman Chandler offered Resolution No. 67R-91 for adoption, authorizing preparation of necessary ordinance changing the zone as requested, subject to the recommendations of the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (66-67-48 - C-1 and R-3) Roll call vote: AYES: COUNCILMEN: Pebley, Chandler and Krein NOES: COUNCILMEN: Schutte ABSENT: COUNCILMEN: Dutton The Mayor declared Resolution No. 67R-91 duly passed and adopted. RESOLUTION NO. 67R-92: Councilman Chandler offered Resolution No. 67R-92 for adoption, granting subject conditional use permit subject to the re- conanendations of the City Planning Commission, and further subject to the following additional condition: "Construction of a six foot masonry wall on the easterly property line, with temporary waiver thereof until such time as the branch library is constructed, or on demand by the City. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 913. Roll call vote: AYES: COUNCILMEN: Pebley, Chandler and Krein NOES: COUNCILMEN: Schutte ABSENT: COUNCILMEN: Dutton The Mayor declared Resolution No. 67R-92 duly passed and adopted. ADJOURNMENT: Councilman Chandler moved to adjourn. Councilman Pebley seconded the motion. MOTION CARRIED. ADJOURNED: 8:25 P.M. Deputy City Clerk