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1967/03/2810049 City Hall~ Anaheim, California - COUNCIL MINUTES - March 21, 1967, 1:30 P.M. At the conclusion of the discussion, it was moved by Councilman Dutton, seconded by Councilman Chandler, that the action previously taken by the City Council denying Reclassification No. 66-67-42 and Conditional Use Permit No. 905, be reaffirmed. To this motion Councilman Schutte voted "No". MOTION CARRIED. CONVENTION FACILITY DEDICATION: Councilman Dutton referred to the Minutes of the Anaheim Convention Center Dedication Committee Meeting held March 17, 1967, noting the obligation and commitment of Mr. Tommy Walker when a show is booked, and due to the fact that there is a possibility that the facility will not be ready to open July 12th, asked if the City Council would under- write the committed production cost of approximately $70,000.00. It was moved by Councilman Chandler, seconded by Councilman Pebley, that the City Council go on record not in favor of underwriting or guaranteeing any sum to anyone that the Convention facility would be open on any certain date. MOTION CARRIED. ADJOURNMENT: Councilman Schutte moved to adjourn. Councilman Chandler seconded the motion. MOTION CARRIED. ADJOURNED: 8:20 P.Mo SIGNED: f~- ~Ci'ty ~-~ ~ity Hall, Anaheim, California - COUNCIL MINUTES - March 28, 1967, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT~ ABSENT: PRESENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein. COUNCILMEN: None. CITY MANAGER: Keith A. Murdoch. ASSISTANT CITY ATTORNEY: John Dawson. DEPUTY CITY CLERK: Alona M. Farrens. CITY ENGINEER: James P. Maddox. DEVELOPMENT SERVICES DIRECTOR: Alan Go Orsborn. ASSISTANT DEVELOPMENT SERVICES DIRECTOR: Robert Mickelson. ZONING SUPERVISOR: Ronald Thompson. PLANNING SUPERVISOR: Ronald Grudzinski. FINANCE DIRECTOR: Douglas Ogden. UTILITIES DIRECTOR: Gordon Hoyt. Mayor Krein called the meeting to order. POLICE PHOTOGRAPHER OF THE YEAR - LIEUTENANT ROBERT Ao ZIPPEL: Mr. Dave Clark, of Law and Order Magazine, addressed the City Council advising that the magazine is forwarded to every Chief of Police in cities of more than one thousand population~ that these Chiefs are polled each year, and this year have awarded the plaque for the most valuable police photographer of the year to Lieutenant Robert A. Zippel of the Anaheim Police Department. He thereupon presented the award to Lieutenant Zippel. On behalf of the Anaheim City Council, Mayor Krein extended congratulations to Lieutenant Zippel for the honor bestowed upon him. PROCLAMATIONS: Council: The following proclamations were unanimously ratified by the City 10050 City Hall~ Anaheim~ California - COUNCIL MINUTES March 28~ 1967~ 1:30 P.M. "Chamber of Commerce Week" April 2 to 9, 1967. "Altrusa Week" -April 9 to 15, 1967. HOUSE OF REPRESENTATIVES BILL NOo 7 - POSTAL EMPLOYEES: Resolution urging the Congress of the United States to take favorable action on House of Representatives Bill No. 7 in respect to the reclassification of postal employees in pay levels 1-4 to the next higher level, was presented by Mayor Krein and unanimously ratified by the City Council. MINUTES: Minutes of the Anaheim City Council Meeting held March 7, and Adjourned Regular Meeting of March 14, 1967, were approved on motion by Councilman Dutton, seconded by Councilman Chandler. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Schutte moved to waive the reading in full 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 Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount $587,244.17 in accordance with the 1966-67 Budget were approved. RECLASSIFICATION NO. 66.-67~45 .AND VARIANCE NO. 1849: Submitted by Dick H. and Eunice Mo Ables, owners, requesting change of zone from R-1 to C-l, and permission to establish a convenience food market~ R-1 zoned property located at the southeast corner of Euclid and Cerritos Avenues. The City Planning Commission pursuant to Resolution No. PC67-25 recommended said reclassification be denied, and pursuant to Resolution No. PC67-26, denied said variance. Public hearing on the foregoing petitions was held March 14, 1967, at which time the hearing was closed, and Council determination continued to this date to allow the applicants an opportunity to determine whether they are interested in developing the property for a market without any packaged alcoholic beverage sales, and what type of business would be proposed for the additional 800 square feet of store space proposed. Mr. Jerry Brody, Attorney' for the petitioners, introduced Mr. Robert Beitel, representing 7-Eleven Markets (Southland Corporation), 1570 East 17th Street, Santa Ana, who reported that they have approximately 2400 similar stores throughout the country, and he cited the training received by people Who franchise these markets. The Deputy City Clerk noted that petition in support of the proposed development had been received in the office of the City Clerk March 24, 1967. Councilman Pebley noted that the property in question is within 600 feet of a school and he asked whether the developers would proceed on the basis of no alcoholic beverage sales being allowed; he further inquired what use was planned for the 800 square feet of store space in addition to the market as shown on the plans. Mr. Beitel advised it was his understanding there is no tenant for the additional space as of this time, but a donut shop had been considered; however, if the right of alcoholic beverage sales was denied, they would not proceed with plan to lease the market area~ RESOLUTION NOo 67R-162~ Councilman Schutte offered Resolution No. 67R-162 for adoption, upholding the action taken by the City Planning Commission, dis- approving Reclassification No. 66-67-45. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED~ (66-67~5) Roll call vote~ 10051 City Hall, Anaheim, California - COUNCIL MINUTES March 28~ 1967, 1:30 P.M. AYES; COUNCILMEN~ NOES~ COUNCILMEN: ABSENT~ COUNCILMEN~ Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No. 67R-162 duly passed and adopted. RESOLUTION NO. 67R-163; Councilman Schutte offered Resolution No. 67R-163 for adoption, upholding action taken by the City' Planning Commission denying subject variance. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 1849. Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No. 67R-163 duly passed and adopted. ENTERTAINMENT PERMITS: The following applications for renewal of entertainment permits were submitted and granted for a period of one year, subject to provisions of Chapter 4.18 of the Anaheim Municipal Code as recommended by the Chief of Police, on motion by Councilman Dutton, seconded by Councilman Pebley: a. Application submitted by L. B. Minor & Stuart Bartleson, DBA Linbrook Bowling Center, for renewal of entertainment permit to allow piano bar with vocalist~ ~ 201 South Brookhurst Street. b. Application filed by Guido F. Battistone for renewal of entertainment permit to allow piano bar at Lin-Brook Inn, 2162 West Lincoln Avenue. MOTION CARRIED. SIGN REqUEST~ Application for sign permit to allow sign on the west side of Manchester Avenue, north of Freedman Way, submitted by J. W. McMichael, was submitted together with communication from Mr. McMichael dated March 27, 1967, requesting postponement of approximately 30 days. On motion by Councilman Pebley, seconded by Councilman Dutton, said sign request was continued to April 25, 1967. MOTION CARRIED. SIDEWALK WAIVER - 1033-1041 NORTH SABINA STREET: Request of John D. Rose for temporary waiver of sidewalk requirements at 1033-1041 North Sabina Street was submitted. On the recommendations of the City Engineer, Councilman Dutton moved said temporary waiver of sidewalk requirement be granted, subject to no permanent planting or permanent type improvements being permitted within the area reserved for future sidewalks. Councilman Pebley seconded the motion° MOTION CARRIED~ REQUEST - WAIVER OF BUSINESS LICENSE FEES: Communication dated March 17, 1967, from Robert Ro Brindle, Manager of Lincoln Plaza Shopping Center, was submitted requesting waiver of business license fees for carnival proposed as part of their grand opening celebration May 17 to 21, 1967, property located at the northwest corner of Broadway and Euclid Street; non-profit charitable organizations to be invited to operate small game booths and concession stands, and all proceeds would be donated to various local charities. On motion by Councilman Chandler, seconded by Councilman Dutton, request for waiver of business license fees for the operation of the carnival, was denied. MOTION CARRIED. 10052 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 28~ 1967~ 1:30 P~M. TENTATIVE MAP~ TRACT NO. 6377 (RECLASSIFICATION NO. 66-67-55): Developer R and T Investments, Inc.~ property located west of Rio Vista Street, north of South Street, the westerly boundary thereof located at the terminus of Virginia Avenue. At the request of the developer, Councilman Pebley moved that Council decision on said tentative map be continued, to be heard in conjunction with Reclassification No. 66-67-55. Councilman Dutton seconded the motion. MOTION CARRIED° RIGHT-OF-WAY CERTIFICATION: On the recommendations of the City Engineer, it was moved by Councilman Dutton, seconded by Councilman Pebley, that the Mayor and City Clerk be authorized to sign Right-of-Way certification in connection with the right-of-way for Batavia Street (from 1725 feet east of Jefferson to 3550 feet east of Jefferson, A~H~FoP. No. 364). MOTION CARRIED° ORANGE COUNTY USE VARIANCE NO. 5869: Excerpt from the Minutes of the City Planning Commission Meeting held March 27, 1967, pertaining to Orange County Use Variance No. 5869 requesting permission to establish a wig sales and styling business in the R-P residential professional district, 8831 North Brookhurst Street, recommending that the Orange County Planning Commission be urged to require dedication for street widening purposes of Brookhurst Street to its ultimate width of 60 feet, if said variance is approved, was submitted. On motion by Councilman Pebley, seconded by Councilman Dutton, the City Council concurred with recommendations of the City Planning Commission and ordered a copy thereof forwarded to the Orange County Planning Commission. MOTION CARRIED. RECLASSIFICATIONS NOS. 61-62-64 AND 65-66-59 - VEHICULAR ACCESS: Communications dated March 23, 1967, were submitted from Mrs~ Marguerite Coons and Mr. George Rose requesting joint use of driveway between 621 and 625 South Harbor Boulevard for vehicular access from the street to the parking areas at the rear of said properties. Mrs. Coons addressed the Council noting the hazards of parking on the street, especially during the widening project currently under way on Harbor Boulevard. Council discussion was held, and Councilman Chandler suggested that the requested access drive be used for ingress from Harbor Boulevard only, with egress to the alley at the rear of the properties, with provision for adequate directional signing. Mrs. Coons and Mr. Rose stated that the one way ingress and egress would be satisfactory~ Councilman Chandler moved that temporary access from Harbor Boulevard to the rear of properties located at 621 and 625 South Harbor Boulevard, by one mutual access drive, be approved, for a period of three years, or until the properties develop in some other fashion, whichever occurs first, subject to the condition that the ingress be one way from Harbor Boulevard, and egress be through the alley at the rear, subject to appropriate directional signing by the petitioners. Councilman Dutton seconded the motion. MOTION CARRIED. RESOLUTION NO. 67R-164 RECLASSIFICATION NO. 66-67-48: On the recommendations of the Development Services Department, Councilman Dutton offered Resolution No. 67R-164 for adoption, amending Condition No. 4, Resolution No. 67R-91 to allow recordation of the required parcel map, prior to final building inspection. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 67R-91 IN RECLASSIFICATION PROCEEDINGS NO. 66-67-48. (Condition No. 4 Parcel Map recordation) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None 10053 City Hall~ Anaheim? California - COUNCIL MINUTES - March 28~ 1967, 1:30 P.M. The Mayor declared Resolution No. 67R-164 duly passed and adopted. PURCHASE - UNDERGROUND CONDUIT INSTALLATION: The City Manager reported on informal bids received for the installation of underground conduit for electrical connection at the Convention Center (Katella Avenue/Harbor Boulevard) as follows, and recommended acceptance of the low bid, that of E. D. Johnson and Company: Eo D. Johnson and Company, Anaheim Mitchell-Legari, Inc., Buena Park Streech Electric Co., Fullerton McFarlane Electric, Anaheim Foster & Mathews, Anaheim $6,662.00 7,879.00 8,579.00 No Quote No Quote On the recommendations of the City Manager, Councilman Pebley moved that the low bid of Eo D. Johnson and Company be accepted in the amount of $6,662.00. Councilman Dutton seconded the motion. MOTION CARRIEDe DEED OF EASEMENT - RESOLUTION NO. 67R-165: Councilman Schutte offered Resolution No. 65R-165 for adoption. Refer to Resolution Book. 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 AN EASEMENT FOR PUBLIC STREET PURPOSES. (Atchison, Topeka and Santa Fe Railway Company) Roll call vote: AYES: COUNCILMEN: NOES~ COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No. 67R-165 duly passed and adopted. 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 Dutton, seconded by Councilman Pebley: a. Claim filed by William T. Atkinson for injuries and damages purportedly resulting from dangerous condition of a public street on or about December 17, 1966. b. Claim filed by Marcella Rough on behalf of Michael Charles Friedman, a minor, for injuries purportedly resulting from a hole in a public sidewalk, on or about February 8, 1967. MOTION CARRIED. RESOLUTION NO. 67R-166: On report and recommendation of the Public Utilities Director, Councilman Dutton offered Resolution No. 67R-166 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING A PRIMARY METERING CORRECTION FACTOR AT BUILDINGS 65 AND 70 OF THE NORTH AMERICAN AVIATION, INC. AUTONETICS DIVISION. Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No. 67R-166 duly passed and adopted. 10054 City Hall~ Anaheim~ California .- COUNCIL MINUTES - March 28~ 1967~ 1:30 P.M. RESOLUTION NO. 67R-167: Councilman Chandler offered Resolution No. 67R-167 for adoption° Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE CITY OF GARDEN GROVE WITH REFERENCE TO THE INSTALLATION AND MAINTENANCE OF A TRAFFIC SIGNAL AND INTERSECTION LIGHTING SYSTEM AT THE INTERSECTION OF ORANGEWOOD AVENUE AND NINTH STREET° Roll call vote~ AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No. 67R-167 duly passed and adopted. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Dutton, seconded by Councilman Schutte: ao From Public Utilities Commission - Southern Pacific Company - relocation of the station agency forces at Anaheim in Orange County, effective April 13, 1967. bo City of Buena Park - Resolution No. 3073, restating its position that the proposed Huntington Beach (north/south) Freeway should be located along the easterly alignment through the City of Buena Park and that it be located immediately adjacent to the Edison Company transmission line easterly of Dale Street. MOTION CARRIED~ ORDINANCE NO. 2369: Councilman Dutton o£fered Ordinance No. 2369 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 2342 IN RECLASSIFI- CATION PROCEEDINGS NO. 6.5-66-112. (Amending legal description) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None Mayor Krein declared Ordinance Non 2369 duly passed and adopted. ORDINANCE NO. 2370: Councilman Dutton offered Ordinance No. 2370 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 Gilbert Street) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None Mayor Krein declared Ordinance No. 2370 duly passed and adopted. ORDINANCE NO. 2371: Councilman Pebley offered Ordinance No. 2371 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING° (61-62-69(22) M-l) 10055 ~Anaheim California COUNCIL MINUTES - March 28~ 1967~ 1:30 P.M. Roll call vote: AYES: COUNCILMEN: NOES~ COUNCILMEN: ABSENT~ COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None Mayor Krein declared Ordinance No. 2371 duly passed and adopted. ORDINANCE NOo 2372: Councilman Krein offered Ordinance No. 2372 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 3 OF THE ANAHEIM MUNICIPAL CODE BY ADDING CHAPTER 3~80 RELATING TO THE IMPOSITION OF A TAX UPON THE PRIVILEGE OF DISTRIBUTING CIGARETTES, AND PROVIDING FOR THE COLLECTION THEREOF° Roll call vote: AYES~ COUNCILMEN: NOES ~ COUNCILMEN: ABSENT~ COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None Mayor Krein declared Ordinance No. 2372 duly passed and adopted. ORDINANCE NO. 2368: Amended first reading of Ordinance No. 2368, Prohibited acts of Holder of Entertainment Permits, was tabled from the meeting of March 21, 1967 for further study and review by the Council. City Attorney Joseph Geisler reported that after discussion with Mr. Frank Bila, President of the California Dining and Beverage Association, it was determined that one additional amendment to the draft of Ordinance No. 2368 would result in an ordinance satisfactory to all. The City Attorney was requested to complete the amended draft and present it for Council consideration at the 7:00 O'Clock portion of this Council meeting. Later in the meeting, Council consideration of the amended ordinance was deferred one week (April 4, 1967). ALCOHOLIC BEVERAGE LICENSE APPLICATIONS: The following beverage license applica- tions were presented by the City Manager to the City Council for their information~ A. Application submitted by Robert and Norma M. Cohen for Person to Person Transfer of On-Sale Beer license at Scotty's Coffee Shop, 604 East Lincoln Avenue (C-2 zone). B. Application submitted by Stephanie Rose Foley for Person to Person Transfer of Off-Sale Beer and Wine license at U-Tote-M #2, 1701 South Brookhurst Street (C-1 zone). C. Application submitted by Superior Milk Producers Association for a New Off-Sale Beer and Wine license at Convenient Food Mart, 855 South State College Boulevard (C-1 zone). No Council action was taken on the foregoing applications. RESOLUTION NO. 67R-168~ On the recommendations of the Director of Finance, Councilman Pebley offered Resolution No. 67R-168 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR, THE FINANCE DIRECTOR AND THE CITY TREASURER OF THE CITY OF ANAHEIM TO SIGN ALL AUTHORIZED CITY WARRANTS, DRAFTS AND CHECKS, ON ALL AUTHORIZED DEPOSITS OF CITY FUNDS IN ALL BANKS W-HERE SUCH FUNDS MAY BE FROM TIME TO TIME DEPOSITED TO THE EXTENT HEREIN SET FORTH; AND RESCINDING ALL RESOLU- TIONS IN CONFLICT HERE'.~TH. 10056 C~ily Hall~ Anaheim~ California - COUNCIL MINUTES - March 28~ 1967~ 1:30 P.M. Roll call vote~ AYES: COUNCILMEN: NOES: COUNCILMEN~ ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No. 67R-168 duly passed and adopted. RESOLUTION NO. 67R-169: On the recommendations of the City Engineer, Councilman Chandler offered Resolution No. 67R-169 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF UTILITIES AGREEMENT NO. 7Ut-3523 WITH THE STATE OF CALIFORNIA, FOR THE RELOCATION OF CERTAIN UTILITY FACILITIES OF THE CITY WITHIN THE CONSTRUCTION AREA OF THE ROUTE 57 FREEze,AY AT MIRALOMA AVENUE° Roll call vote: AYES: NOES: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein COUNCILMEN: None COUNCILMEN: None The Mayor declared Resolution No. 67R-169 duly passed and adopted. RESOLUTION NO. 67R-170: Councilman Dutton offered Resolution No. 67R-170 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXPENDITURE OF CERTAIN FUNDS FOR ADVERTISING AND PROMOTION OF THE CITY OF ANAHEIM AND DESIGNATING AND APPOINTING ANAHEIM VISITOR AND CONVENTION BUREAU AS AGENT FOR THE CITY OF ANAHEIM TO HANDLE THE EXPENDITURE OF SAID FUNDS AND AUTHORIZING A CONTRACT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE CITY AND SAID AGENT° (Not to exceed $85,065.00) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN~ Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No. 67R-170 duly passed and adopted. PERALTA HILLS ANNEXATION NOo 2: Peralta Hills Annexation No. 2 petition requesting annexation to the City of Anaheim was submitted and ordered referred to the City Clerk for verification, checking and report. WEB SERVICE COMPANY REQUEST FOR HEARING: The Deputy City Clerk submitted for Council consideration notice of appeal, filed on behalf of Web Service Company, Inc., dated March 22, 1967, and requesting hearing before the City Council. On motion by Councilman Krein, seconded by Councilman Schutte, the City Council denied said request for hearing. MOTION CARRIED. EXECUTIVE CHAIRS - COUNCIL CHAMBER: Councilman Chandler requested that brochures for new executive chairs for the Council Table be obtained. ANAHEIM ALTRUSA CLUB: Communication dated March 9, 1967 from Mrs. Thelma G. Schuler, Anaheim Altrusa Club, was submitted (copies furnished each Councilman) requesting an expression relative to their proposal for donating a friendship fountain to the Convention Center facility. Also reviewed was copy of letter dated March 20, 1967 from Convention Center and Stadium Director Tom Liegler, noting that plans for the landscaping are not yet definite, and advising of the high maintenance cost of fountains, 10057 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 28~ 1967~ 1:30 P.M. suggesting that the club might consider some other type of memorial donation. The City Manager was of the opinion that prior to consideration of any such item, a recommendation should be obtained from the architect. RECESS: Councilman Pebley moved to recess to 7:00 P.M. Councilman Schutte seconded the motion~ MOTION CARRIED° 2:35 P.Mo AFTER RECESS: PRESENT: ABSENT~ PRESENT: Mayor Krein called the meeting to order. COUNCILMEN: Dutton (entered the meeting 7:10 P.M.), Pebley, Schutte, Chandler (entered the meeting 7:10 P.M.) and Krein. COUNCILMEN: None. ASSISTANT CITY MANAGER: Robert Davis. CITY ATTORNEY: Joseph Geisler. DEPUTY CITY CLERK: Alona M. Farrens. CITY ENGINEER: James P. Maddox. DEVELOPMENT SERVICES DIRECTOR: Alan G. Orsborn. ASSISTANT DEVELOPMENT SERVICES DIRECTOR: Robert Mickelson. ZONING SUPERVISOR: Ronald Thompson. PLANNING SUPERVISOR: Ronald Grudzinski. INVOCATION~ Reverend A1Casebeer~ of the First Christian Church, gave the Invocation° FLAG SALUTE~ Councilman Schutte led the Assembly in the Pledge of Allegiance to the Flag. PUBLIC HEARING - RECLASSIFICATION NO. 59-60-14 AND CONDITIONAL USE PERMIT NO. 923: Submitted by Howard R. Polzin requesting change of zone from C-1 (deed restricted) to C-1 (unrestricted), to delete restrictions to permit the full range of General Commercial uses, and further requesting permission to establish a walk-up restaurant with waivers of free-standing sign location and minimum distance between free-standing sign and roof sign; C-1 zoned property located at 615 South Euclid Street. The City Planning Commission pursuant to Resolution Not PC67-48 recormnended approval of said reclassification, subject to the following condition~ That any air-conditioning facilities proposed shall be properly shielded from view. The City Planning Commission pursuant to Resolution No. PC67.-49 granted said conditional use permit, subject to the following conditions: That the owner of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Euclid Street, for tree planting purposes° That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public ~orks, prior to final building inspection. 3. That Condition No~ 1, above mentioned, shall be complied with prior to the time that the Building Permit is issued or within a period of 180 days from date hereof, whichever occurs first, or such further time as the Commission or City Council may grant. 4. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibi~ Nos. 1, 2, 3, 4, and 5. Zoning Supervisor Ronald Thompson noted the location of subject property and the existing uses and zoning in the immediate area. He advised that the Development Services Department Staff recommends additional conditions for the Conditional Use Permit, that installation of a block wall along the westerly boundary would be suitable, continuing the existing wall along the west boundary of the service station property to the north as a protection to the convalescent home to the west, and the installation of bumper blocks along the southerly boundary; however these items were not brought to the attention of the Planning Commission. 10058 City Hall, Anaheim~ California COUNCIL MINUTES - March 28~ 1967~ 1:30 P.M. Mayor Krein asked if the applicant or his representative wished to address the City Council. (Councilmen Dutton and Chandler entered the meeting, 7:10 P.M.) Mr. Frank LaMagna, 1730 West La Palma Avenue, advised that he re- presented the petitioner and would answer questions of the City Council. The Mayor asked if anyone wished to address the Council in opposition, there being no response, declared the hearing closed. RESOLUTION NO, 67R-171: Councilman Pebley offered Resolution No. 67R-171 for adopt i on, a~wc4%c~r-i-~i-~ -pr-~p~r~t-i-o~ -~ -mec-~r-5~ -~r-~r~r~e~ -c-br~r~r~g -t-Pre a,~ -r-s<pac~-~ -~~- -t-c~ -t-b~ -r-~c4m~t-i-o~ -~ -t-h~ -Oi-t-5~ -l~l-~r~r~ ~r~ -C-omm~i-~r~ Refer to Resolution Book. -(~5-9~1~- -- -G--I-,- -t+mr-e~t-r-i-c~t-e<~)- Roll call vote: AY ES ~o COUNCILMEN ~ NOES: COUNCILMEN~ ABSENT~ COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No. 67R-171 duly passed and adopted. RESOLUTION NO. 67R~172: Councilman Pebley offered Resolution No. 67R-172 for adoption, granting Conditional Use Permit No. 923, subject to the re- commendations of the City Planning Commission, and further subject to the following conditions: 5. That a six foot. masonry wall be constructed along the westerly boundary of subject property~ 6. That adequate bumper guards be provided for the protection of adjacent properties. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCI. L OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NOo 923~ Roll call vote: AYES~ COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No. 67R-172 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO~ 66-67-49 AND CONDITIONAL USE PERMIT NO. 919: Submitted by Harold S. Leedy requesting change of zone from R-A to C-1 on Parcel No. 1, and permission to establish a walk-up restaurant on Parcel No. 2 (C-1 zone), with waivers of maximum permitted building height, required six foot masonry wa]l and roof sign location. Property described as follows: Parcel No~ 1 located on the south side of Lincoln Avenue approximately 95 feet east of Harding Avenue; Parcel No. 2 located at the southeast corner of Harding and Lincoln Avenues, adjacent to Parcel No. 1. The City Planning Commission pursuant to Resolution No. PC67-35 recommended approval of said reclassification, subject to the following condition: That the completion of these reclassification proceedings is contingent upon the granting of Conditional Use Permit No. 919. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A PETITION FOR REMOVAL OF DEED RESTRICTIONS FROM THE PROPERTY HEREINAFTER DESCRIBED; AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN A CONSENT TO THE REMOVAL OF SAID RESTRICTIONS. (59-60-14. - pursuant to Council Minutes of May 9, 1967, Page No. 10128) 10059 City Hall, Anaheim, California - COUNCIL MINUTES -.March 28~ 196Z.~ 1~30 P.M. Pursuant to Resolution No. PC67-36, the City Planning Commission granted said conditional use permit subject to the following conditions: 1o That the owner of subject property shall deed to the City of Anaheim a strip of land 32 feet in width, from the centerline of the street, along Harding Avenue, for street widening purposes. 2. That street improvement plans shall be prepared and all engineering re- quirements of the City of Anaheim along Harding 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; or that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of said engineering requirements. 3. That the owner of subject property shall pay to the City of Anaheim the sum of $2~00 per £ront foot along Harding and Lincoln Avenues, for street lighting purposes~ 4. That the owner of subject property shall pay to the City of Anaheim the sum of 15C per front foot along Harding and Lincoln Avenues, for tree planting purposes. That trash storage areas shall be provided in accordance with approved plans on ~ile with the office of the Director of Public Works. That the final parking plan be approved by Development Review; and any landscaped areas in the parking area shall be protected with six inch high concrete curbs, concrete wheel stops shall be provided for all parking spaces, and that all outside lighting proposed be directed away from the property lines to protect the residential area to the south. 7. That Condition Nos° 1, 2, ], 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. 8. That Condition Nos. 5 and 6, above mentioned, shall be complied with prior to final building and zoning inspections. 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~ provided, however, that the 35-foot building setback established for Lincoln Avenue by City Council policy is maintained. Mr. Thompson noted the location of the property and the existing uses and zoning in the immediate area, advising that the Planning Commission considered the proposal would be consistent with uses of land and zoning in the immediate area. The Ma~or ~sked if anyone wished to address the City Council for or against the subject applications, there being no response, declared the hearing closed~ RESOLUTION NOo 67R-173~ Councilman Dutton offered Resolution No. 67R-173 for adoption, ~uthorizing 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-a9 - C-l) Roll call vote: AYES~ COUNCILMEN; NOES:: COUNCILMEN: ABSENT~ COUNCILMEN; Dutton, Pebley, Schutte, Chandler and Krein None None The Mayer declared Resolution No. 67R-173 duly passed and adopted. RESOLUTION NOo 67R.-17a~ Councilman Dutton olfered Resolution No. 67R-174 for adoption, granting Conditional Use Permit No. 919, subject to the recommendations of the City Planning Commission. Refer to Resolution Book. 10060 City Hall~ Anah.,eim~ California - COUNCIL MINUTES - March 28~ 1967~ 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO~ 919. Roll call vote: AYES~ COUNCILMEN: NOES~ COUNCILMEN: ABSENT~ COUNCILMEN~ Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No. 67R-174 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION 66-67-50: Submitted by Henry Lestmann requesting change of zone from C-l, restricted, to C-l, unrestricted, deleting deed restrictions to allow the full range of General Commercial uses; property briefly described as located at the southwest corner of Orange and Magnolia Avenues. The City Planning Commission pursuant to Resolution No. PC67z38 recommended denial of said reclassification. Mr. Thompson noted the location of subject property and the existing uses and zoning in the immediate area, and summarized the evidence submitted to and considered by the City Planning Commission. He briefed findings of the Planning Commission precedent to their recommended denial of subject application, and pointed out that if the deed restrictions were removed from the property, a service station could be constructed at this intersection of two arterial thoroughfares as a mater of right. He noted that the deed res- trictions limited the use of subject property to medical, dental and pro- fessional offices and pharmacies. The Mayor asked if the applicant or his representative wished to address the City Council. Mr. Harry Knisely, 1523 West Katella Avenue, Attorney representing the petitioner, responded to the Planning Commission's findings by referring to a letter on file with the city from Tishman Associates relative to that firm's consideration of a high rise commercial office development in the city, which they had rejected due to their feeling that the many existing C-0 properties are not concentrated in any one area° He was of the opinion that R-1 development of subject property would not be feasible because of the noise from the traffic on the two arterial streets. Mr. Knisely further advised that the property owner has a right to develop his land to its highest and best use, if provisions of the zone are met for the protection of residents, and in his opinion, this could only be accomplished by removal of the deed restrictions. Mayor Krein asked if anyone wished to address the City Council in opposition. Mr. Car]_ Schmauss, 2604 Westhaven Drive, addressed the Council noting a request previously made for subject property to allow a service station and retail store, which was denied. He called attention to the quality of the homes in the area, and to the elementary school across Orange Avenue on the north, being of the opinion that the deed restrictions should remain on the property. Mr. Dick Shimeall, 2767 West Broadway, objected to the fact that no positive proposal has been made for the development of the property under subject request, and he noted existing service stations within two blocks of the intersection. He called attention to the churches across the street to the east, being of the opinion that the noise generated from a service station would be a disturbance during services. In rebuttal, Mr. Knisely advised that the purchaser of subject property has no lessees or tenants for any proposed development, and has no definite plans. He was of the opinion that traffic is already in evidence and the noise therefrom would tend to buffer any other sounds which could emanate from a service station. 10061 City Hall~ An~heim~ California - COUNCIL MINUTES March 28~ 19677 1:30 PoM. Mr. Ernest Campbell, 229 Mall Way, addressed the Council advising that a service station would no doubt increase traffic, and he stated there was very little traffic on Orange Avenue. Mr. Thompson noted that the Circulation Element of the General Plan shows Magnolia Avenue to be a primary arterial, and Orange Avenue to be a secondary arterial. Council discussion was held, and Councilman Dutton pointed out that the C-1 and the service station site development standards of the city are designed to protect the residents. Councilman Schutte was of the opinion that any proposed service station should be considered at a public hearing. In response to Council questioning, Mr. Knisely was of the opinion that the purchasers of the property would not favor R-3 zoning. Mr, Sheldon Golison, representing the proposed developers, addressed the Council advising tbat it would be impractical to develop the entire parcel for a service station. He noted that the property has been vacant for several years~ that there is a great deal of foot traffic in the area, and it would be an improvement if the property were developed and sidewalks constructed along with the improvement of the street. Mayor Krein was of the opinion that the issue should be determined on the basis of development plans, rather than removing the deed restrictions from the property. Mr~ Shimeall returned to the stand and inquired what uses are permitted in the C-O zone, and upon receiving a reply, he noted that he was opposed to any type of alcoholic beverage sales in close proximity to the school~ Mr. Schmauss advised that he would be opposed to any high rise hotel building on the property, and he protested the application for the lifting of deed restrictions without any definite plans for the property. Councilman Schutte moved that public hearing on Reclassification Non 66-67~50 be continued to April 25, 1967, 7:00 PoM. for submission of plot plans. Councilman Pebley seconded the motion. Discussion to the motion was held, and Councilman Chandler was of the opinion that issuance of a liquor license of any type would be very unlikely due to the close proximity of the school. Mr. Golison noted the difficulties in preparing a plot plan without having any lessees or information to determine space requirements, and he stated that if the City Council found any particular uses cLjectionable, he would appreciate being so informed. Councilman Pebley pointed out that for the City Council to approve any type of alcoholic beverage sale on subject property would be sanctioning this use in close proximity to a school. Councilman Chandler advised Mr. Golison that the plot plan should indicate the proposed setbacks, off-street parking provisions, square footage of the stores, etc. Mr~ Golison stated he would be willing to stipulate that no liquor sales would be conducted on the property. Mayor Krein declared the MOTION CARRIED. PUBLIC HEARING - RECLASSIFICATION NO. 66-67-51: Submitted by Walter A. Gooden and Paul H. iPletz requesting change of zone from R-A to C-3; property briefly described as located on the south side of Lincoln Avenue, east of the Euclid Street centerline. 10062 City Ha.ll~ Aqaheim~ California - COUNCIL MINUTES - March 28: 1967, 1:30 PoM. The City Planning Commission pursuant to Resolution No. PC67-39 recommended approval of said reclassification, subject to the following conditions: o o 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 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° 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. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. That development shall be in accordance with the site development standards of the C-1 Zone, and with Council policy of a 35-foot building setback on Lincoln Avenue, as stipulated to by the petitioners. That Condition Nos: 1, 2, and 3, 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. That Condition Nos~ 4 and 5, above mentioned, shall be complied with prior to final building and zoning inspections. Mr. Thompson noted the location of the property and the existing uses and zoning in the immediate area, calling attention to the the city's policy of a 35-foot setback along Lincoln Avenue, and noting that the petitioners stipulated to that setback, as well as development in accordance with the Site Development Standards of the C-1 Zone. He noted Finding No. 9 of the Planning Commission's action, that adequate access must be provided before the southerly parcel can be developed. Said parcel was not included on the petition, but is under the same ownership. The Mayor asked if a representative of the petitioners wished to address the City Council~ Mr. Jim Hodges, 1731 South Euclid Street, representing the petitioners, advised that they were in accordance with the findings and conditions of the Planning Commission, The Mayor asked if anyone wished to address the City Council in opposition, there being no response, declared the hearing closed. RESOLUTION NO. 67R-175~ Councilman Dutton offered Resolution No. 67R-175 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° (66-67251 ~ C-3) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN~ Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No. 67R-175 duly passed and adopted. 10063 CitHa~jj~t~nahe~alifornia~_£ COUNCIL MINUTES - March 28~ 1967, 1:30 ~M. PUBLIC HEARING - RECLASSIFICATION NO. 66-67-52 AND VARIANCE NO. 1858: Submitted by William M. and Ora R. Small requesting change of zone from R-A to R-3 for a multiple family development, and requesting waivers of maximum building height within 150 feet of R-A zoned property, and minimum building setback; property briefly described as located on the east side of Palm Lane, south of Ball Road. The City Planning Commission pursuant to Resolution No~ PC67-50 recommended approval of said reclassification, subject to the following conditions: 1o That street improvement plans shall be prepared and all engineering requirements of the City of Anaheim along Palm Lane, 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; or that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of said engineering requirements. 2. That the owner of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Palm Lane, for street lighting purposes. 3. That. the owner of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Palm Lane, £or tree planting 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 owner 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. 6. That any air-conditioning facilities proposed shall be properly shielded from view. 7. That Condition Nos. 1, 2, 3, and 4, above mentioned, shall be complied with within a period of 180 days from date hereof, or such further time as the City Council may grant. The City Planning Commission pursuant to Resolution No. PC67.~51 approved said variance, subject to the following conditions. That this variance is granted subject to the completion of Reclassifica- tion No. 66-67-52~ 2. That tras[~ storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 3. That ~ire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department. 4~ That Condition Nos~ 2 and 3, above mentioned, shall be complied with prior to final building and zoning inspections. 5. 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 ~ 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~ Mayor Krein asked if a representative of the applicants had anything further to add to the evidence previously submitted. Mr. Russell A. Betker, Authorized Agent, stated that the only comment he would make was the proposed development would not cause any additional load to the school district. The Mayor asked if anyone wished to address the City Council in opposition, there being no response, declared the hearing closed. RESOLUTION NOo 67R-176: Councilman Pebley offered Resolution No~ 67R-176 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. 10064 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 28~ 1967~ 1:30 P.M. 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. (66-67-52 - R-3) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No. 67R-176 duly passed and adopted. RESOLUTION NO. 67R-177: Councilman Pebley offered R~solution No. 67R-177 for adoption, granting Variance No~ 1858 subject to the recommendations of the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1858. Roll call vote: AYES~ COUNCILMEN: NOES~ COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No. 67R-177 duly passed and adopted. PROPOSED AGREEMENT - CALIFORNIA DRIVE IN THEATERS INC.: On report and recommenda- tions of the City Attorney and City Engineer, Councilman Dutton moved that letter agreement dated February 6, 1967, with California Drive In Theaters, Inc. (BetlainProperty Inc~), for widening the east side of Lemon Street between Durst Street and the Riverside Freeway, be approved, and the City Engineer be authorized to enter into said agreement. Councilman Pebley seconded the motion° MOTION CARRIED. ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Chandler seconded ~the motion. MOTION CARRIED° ADJOURNED: 8:15 P.M. Deputy City Clerk