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1967/04/0410065 City _H_al.l~. Anab.e.i~fornia______z_COUNC__IL MINUTES -A ril 4 1967 1:30 P.M. The City C~uncil 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. CITY' ATTORNEY~ Joseph Geisler. CITY CLERK; Dene Mo Williams. CITY ENGINEER: James P. Maddox. ASSISTANT DEVELOPMENT SERVICES DIRECTOR~ Robert Mickelson. ZONING SUPERVISOR: Ronald Thompson. UTILITIES DIRECTOR~ Gordon Hoyt. Mayor Krein called the meeting to order. INTRODUCTION - CITY EMPLOYEES~ Safety and Training Coordinator Thomas Tyre introduced new city employees attending the Council Meeting as part of the orientation program. On behalf of the City Council, Mayor Krein welcomed the employees to the City Family~ MINUTES: Minutes of the Anaheim City Council Meeting held March 14, 1967, were approved on motion by Councilman Dutton, seconded by Councilman Pebleyo Councilman Krein abstained from voting on the foregoing motion. 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 Dutton seconded the motion° MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DE~ANDS AGAINST THE CITY: Demands against the City, in the amount of $202,750~71 in accordance with the 1966~67 Budget, were approved. PUBLIC HEARING - ABANDONMENT~ Public hearing was held on proposed abandonment of a portion of a right.-of-way for pipeline purposes for conveyance of water; property located north of La Palma Avenue on both sides of Miller Street, south of Miraloma Avenue, pursuant to Resolution No. 67R-132, duly published in the Anaheim Bulletin March 23, 1967, and notices thereof posted in accordance with law~ The City Engineer reported that the request for subject abandonment has been reviewed and approved by all departments of the city and outside agencies affected, and the necessary fee has been paid, and recommended approval of said request, subject to the provision that the applicant shall plug each end of existing irrigation line at ends of construction site~ pipe within construction area to be crushed~ Mayor Krein asked if anyone wished to address the City Council for or against the proposed abandonment, there being no response, declared the hearing closed~ RESOLUTION NO~ 67R-178: Councilman Dutton offered Resolution No. 67R-178 for adoption, approving said abandonment. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF THAT PORTION OF A RIGHT OF I~AY FOR PIPE LINE PURPOSES FOR THE CONVEYANCE OF I, TATER UPON, ALONG, OVER, UNDER, ACROSS AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY° (North of La Palma Avenue between Dowling .Avenue and Linda Vista Street - 67-2A) Roll call vote~ .AYES~ COUNCILMEN~ NOES~ COUNCILMEN~ ABSENT~ COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None 10066 City Hall~ A~aheim~ California - COUNCIL MINUTES - April 4~ 1967~ 1:30 P.M. The Mayor declared Resolution No. 67R-178 duly passed and adopted. DINNER DANCING PLACE PERMIT: Application filed by Gerald V. Eisenhower for dinner dancing place permit to allow dinner dancing at the Grand Hotel (formerly Crest Hotel), 7 Freedman Way, was submitted and granted, subject to provisions of Chapter 4.16 of the Anaheim Municipal Code as recommended by the Chief of Police, on motion by Councilman Dutton, seconded by Councilman Schutte. Councilman Chandler abstained from voting on the foregoing motion. MOTION CARRIED, 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 Schutte: ao Application submitted by Bob Walsh to allow fashion show and piano bar at the Water Wheel, 1154 North Euclid Street. b. Application filed by Ronald D. Tharp, to allow fashion models and three to five piece band at Hal Gregg's Steakhouse, 2571 West La Palma Avenue. MOTION CARRIED° CONDITIONAL USE PERMIT NO. 614 .~ REVISED PLANS: Revised plans submitted by S. W. Farrell, in connection with Conditional Use Permit No. 614 (Reclassification No. 64-65-19), were reviewed by the City Council together with reports from the City Engineer and Development Services Department. Zoning Supervisor Ronald Thompson noted the location of subject C-0 zoned property on the east side of Euclid Street approximately 396 feet north of Orangewood Avenue, and advised that this is the second set of revised plans submitted for the convalescent hospital; that this revision would increase the floor area approximately 50 percent; however the plans are in conformance with the site development standards of the C-0 zone. Attention was called to the fact that an extension of time would be required to keep Conditional Use Permit No. 614 active. Mr. S. W. Farrell addressed the Council advising that construction of the hospital would be under way within the near future. On motion by Councilman Pebley, seconded by Councilman Dutton, revised plans were approved as submitted, and extension of time was granted to Conditional Use Permit No. 614, to expire April 4, 1968. MOTION CARRIED. RECLASSIFICATION NO. 66-67-21: Request of Anacal Engineering Company for extension of time to Reclassification No. 66-67-21 was submitted. The City Clerk reported that necessary conditions have been met since subject request was scheduled on the Agenda, and the extension of time is no longer necessary. ORDINANCE NO. 2373: Councilman Chandler offered Ordinance No. 2373 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-21 - C-l) CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held March 13, 1967, pertaining to the following applications, were submitted for City Council information and consideration: VARIANCE NO. 1860: Submitted by The Six Company requesting permission to establish a multiple-family residential development with waivers of minimum distance between buildings and building height within 150 feet of R-A Zone; R-3 zoned property located at 602 North Gilbert Street. 10067 .Ci.ty Hall~ Anaheim~ California - COUNCIL MINUTES - April 47 1967~ 1:30 PoM. The City Planning Commission pursuant to Resolution No. PC67-56 granted said variance, subject to conditions. VARIANCE NO. 1742: Submitted by John T. Schaefer requesting an extension of time for completion of Variance No. 1742, granting certain waivers on R-1 zoned property located at 1320 and 1326 Belmont Avenue. The City Planning Commission granted 180 day extension of time to expire October 23, 1967. The foregoing actions were reviewed by the City Council and no further actions taken on the above numbered variance applications. PROPOSED AMENDMENT TO ZONING ORDINANCE: On motion by Councilman Dutton, seconded by Councilman Pebley, public hearing was scheduled before the City Council April 25, 1967, 1:30 P.M= to consider recommended amendment to Title 18, Chapter 18~26, R-2 5,000 One-Family Zone; Section 18.26.050, Site Development Standards Subsection (3) Coverage, as recommended by the City Planning Commission Resolution NOo PC67-59. MOTION CARRIED. TENTATIVE MAP~ TRACT NO. 6373: On motion by Councilman Pebley, seconded by Councilman Dutton, Council consideration of Tentative Tract No. 6373, Covington Brothers Construction Inc., Developers, was continued to be heard in conjunction with public hearing on Reclassification No. 66-67-56 and Variance No. 1864. MOTION CARRIED° TENTATIVE MAP, TRACT NO. 6383: Developer, The Raymond Company; tract located on the west side of East (Raymond) Street, approximately 1300 feet south of Orangethorpe Avenue, and contains 13 M-1 lots. The City Planning Commission at their meeting held March 27, 1967, approved said tentative map, subject to the following conditions: 1. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 2. That limited vehicular access rights may be provided to East Street, subject to the approval of the City Engineer. 3. That a temporary waiver of sidewalks be granted along Street "A", subject to no permanent plantings within the sidewalk area. 4. That a predetermined price for Lots "A" shall be calculated and an agreement for dedication entered into between the Developer and the City of Anaheim prior to approval of the final tract map. The cost of Lots "A" and "B" shall include land and a proportionate share of the underground utilities and street improvements. 5. That any air-conditioning facilities proposed shall be properly shielded from view, prior to final building and zoning inspections. Councilman Dutton moved that Tentative Map, Tract No. 6383 be approved, subject to the recommendations of the City Planning Commission. Councilman Pebley seconded the motion. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 922~ The City Planning Commission at their meeting held February 28, 1967, granted Conditional Use Permit No. 922 for the expansion of an existing private high school located at 1952 West La Palma Avenue, petitioners, Order of the Servants of Mary. The City Council took no action on said permit on their meeting of March 21, 1967. The City Attorney reported on request received from Walter A. Frome, Jr., Agent, dated April 3, 1967, that street lighting fee be deferred until the city deems it necessary to install ornamental street lights on the contiguous properties to the east and west. Councilman Chandler moved that temporary waiver of street lighting payment, Condition No. 2 of Resolution PC67-42 granting Conditional Use Permit No. 922 be granted until such time as the street lights are required by the city. Councilman Dutton seconded the motion. MOTION CARRIED° RESOLUTION NO. 67R-179 - AWARD OF JOB NO. 1204: In accordance with recommendations of the City Engineer, Councilman Pebley offered Resolution No. 67R-179 for adoption. 10068 City Hall.~. Anaheim~ California - COUNCIL MINUTES - April 4~ 1967, 1:30 P.M. 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: LA PALMA AVENUE SEWER IMPROVEMENT, FROM JEFFERSON STREET TO APPROXIMATELY 1227 FEET EAST THEREOF, IN THE CITY OF ANAHEIM, JOB NO~ 1204. (Dale Casada Construction Co. $7,014o75) Roll call vote~ AYES: COUNCILMEN~ NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No. 67R-179 duly passed and adopted. PUBLIC IMPROVEMENT PROJECTS - CALL FOR BIDS: Councilman Schutte offered Resolutions Nos. 67R-180 to 67R-185, both inclusive, for adoption. RESOLUTION NO. 67R-180 - JOB NO. 506B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: FURNISHING AND INSTALLING TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF KATELLA AVENUE AND WEST STREET, IN THE CITY OF ANAHEIM, JOB NO. 506-B; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETCo; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF~ (Bids to be opened April 27, 1967, 2~00 P.M~) RESOLUTION NO. 67R-181 - JOB NO. 1308: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT~ THE LA PALMA AVENUE SEWER IMPROVEMENT, FROM APPROXIMATELY 100 FEET WEST OF IMPERIAL HIGHWAY TO ORCHARD DRIVE, IN THE CITY OF ANAHEIM, JOB NO. 1308; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF° (Bids to be opened April 27, 1967, 2~00 P.M.,) RESOLUTION NO. 67R-182 JOB NO~ 1309: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT~ THE JEFFERSON STREET, CORONADO STREET AND LA PALMA AVENUE SEWER IMPROVEMENT, IN THE CITY OF ANAHEIM, JOB NO. 1309; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETCo; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF~ (Bids to be opened April 27, 1967, 2:00 P.M.) RESOLUTION NO. 67R-183 SS PROJECT NO. 499A-B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT~ THE IMPROVEMENT OF KATELLA AVENUE, FROM APPROXIMATELY 660 FEET EAST OF WEST STREET TO APPROXIMATELY 2100 FEET EAST THEREOF, IN THE CITY OF ANAHEIM, SS PROJECT NO. 499A-B; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF: AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC~; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened April 27, 1967, 2:00 P.M~) 10069 City Hall~ Anaheim~ California - COUNCIL MINUTES April 4~ 1967~ 1:30 PoM. RESOLUTION NO. 67R-184 - SS PROJECT NO. 500A-B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CON- VENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF HARBOR BOULEVARD, FROM APPROXIMATELY 350 FEET SOUTH OF KATELLA AVENUE TO APPROXIMATELY 1300 FEET SOUTH THEREOF, IN THE CITY OF ANAHEIM, SS PROJECT NO. 500A-B; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF: AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened April 27, 1967, 2:00 P.M.) RESOLUTION NO. 67R-185 - WORK ORDER NO. 1123: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CON- VENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO !~T: THE IMPROVEMENT OF CONVENTION WAY, FROM WEST STREET TO HARBOR BOULEVARD,, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1123; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF~ (Bids to be opened April 27, 1967, 2:00 P.Mo) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolutions Nos. 67R-180 to 67R-185, both inclusive, duly passed and adopted. DYKE WATER COMPANY TRUST FUND - REPAYMENT OF OVERCHARGED CUSTOMERS: City Attorney Joseph Geisler reported on a recent meeting held with representatives of the Cities of Garden Grove, Westminster and Huntington Beach relative to the trust fund established by Dyke Water Company for repayment of overcharged customers, advising that at present, the water company is required to forward payment checks to customers at their last known addresses, and the Public Utilities Commission Decision No. 71208 orders that upon completion of this refunding operation, the unclaimed funds be distributed to the respect- ive cities in accordance to their proportionate purchase of the water system. Mr. Geisler further reported that the representatives of the cities involved were agreeable to the request of Dyke Water Company to the Public Utilities Commission, to transfer all monies in the trust fund to the ~he respe~tive cities (Anaheim's proportionate share - $67,555.17); the Dyke ~J~.ter Company to pay the cost of newspaper advertisements, ~.~ !-~ ,':ities to hold the rur~<ls and malta l~roper refunds; all unclaimed f~n,:~s to ~,e retained by the respective cities after a peziod of 9;, days. On motion by Councilman Chandler, seconded by Councilman Dutton, the City Council approved the transfer and handling of Anaheim's propor- tionate share of the Dyke Water Company trust fund as outlined by the City Attorney. MOTION CARRIED. COMPROMISE OF EMINENT DOMAIN LITIGATION -, RESOLUTION NO. 67R-186: On report and recommendation of the City Attorney, Councilman Dutton offered Resolution No. 67R-186 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, AUTHORIZING AND DIRECTING THE COMPROMISE OF CERTAIN EMINENT DOMAIN LITIGATION, AND DIRECTING THE DIRECTOR OF FINANCE TO MAKE CERTAIN PAYMENTS IN CONNECTION THEREWITH. (Atchisou Topeka & Santa Fe - Katella Underpass) Roll call vote: 10070 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 4~ 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-186 duly passed and adopted. RESOLUTION NO. 67R-187: On the recommendations of the City Attorney, Councilman Chandler offered Resolution No. 67R-187 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE PURCHASE OF FEE TITLE TO CERTAIN REAL PROPERTY IN CONNECTION WITH THE DEVELOPMENT OF THE ANAHEIM CONVENTION CENTER. (Schroeder Property - Convention Center Way extension to West Street, $48,758.00) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No. 67R-187 duly passed and adopted. DISMISSAL OF EMINENT DOMAIN PROCEEDINGS - PO~LL PROPERTY: On the recommendations of the City Attorney, Councilman Chandler moved that upon completion of the acquisition of the Schroeder Property, as authorized by Resolution No. 67R-187, dismissal of eminent domain proceedings for 32 foot easement (extension of Convention Center Way) over the Powell property be authorized. Councilman Dutton seconded the motion. MOTION CARRIED. REPORT - ANAHEIM UNION WATER COMPANY APPRAISAL OF FACILITIES: Mr. Murdoch briefed memorandum report from the Director of Public Utilities, dated March 30, 1967, relative to the City of Anaheim condemnation of water rights and facilities of Anaheim Union Water Company, advising that the appraisal of the facilities determined that the use of the facilities as a domestic system is not practical nor economically sound, and the highest and best use of water replenishment was appraised at $3,853,300. The Public Utilities Director recommended that the city contact the Orange County Water District, the City of Placentia, the Yorba Linda Water District and other parties to determine their interest in acquiring the facilities, and further recommended that the City of Anaheim retain certain properties included in the litigation, being the Yorba Well and one acre of land adjacent thereto, the Shorb Well together with approxima- tely 52 acres in the area (that portion of the Shorb-Rivas Tract located on the south side of Esperanza Road). On motion by Councilman Pebley, seconded by Councilman Dutton, the Public Utilities Director's report and recommendation was received, and investigation authorized to determine how these properties should be disposed of for the highest and best use of all properties in the area. MOTION CARRIED. CLAIM AGAINST THE CITY: Claim filed by Coleman & Silverstein, Attorneys repre- senting Michael Duane Walker, for injuries purportedly resulting from an incident on or about December 30, 1966, was denied as recommended by the City Attorney, and ordered referred to the Insurance Agent, on motion by Councilman Dutton, seconded by Councilman Chandler. MOTION CARRIED. RESOLUTION NO. 67R-188: Councilman Chandler offered Resolution No. 67R-188 for adoption. Refer to Resolution Book. A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ANAHEIM. Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILM~N: Dutton, Pebley, Schutte, Chandler and Krein None None 10071 City Hall~ Anaheim~ California- COUNCIL MINUTES- April 4~ 1967~ 1:30 P.M. The Mayor declared Resolution No. 67R-188 duly passed and adopted. RESOLUTION NO. 67R-189: On the recommendations of the City Engineer, Councilman Dutton offered Resolution No. 67R-189 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES. (1966-67 fiscal year) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No. 67R-189 duly passed and adopted. ARTERIAL HIGHWAY FINANCING PROJECTS - 1967-68 FISCAL YEAR: Councilman Chandler offered Resolutions Nos. 67R-190 to 67R-199, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 67R-190 PROJECT #372: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRATION AGREEMENT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE COUNTY OF ORANGE AND THE CITY OF ANAHEIM FOR THE IMPROVEMENT OF LINDA VISTA STREET, MIRALOMA TO LA PALMA, PROJECT #372, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM. (Linda Vista Street - Miraloma to La Palma) RESOLUTION NO. 67R-191 - PROJECT #375: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRATION AGREEMENT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE COUNTY OF ORANGE AND THE CITY OF ANAHEIM FOR THE IMPROVEMENT OF LINCOLN AVENUE, RIO VISTA TO SANTA ANA RIVER, PROJECT #375, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM~ (Lincoln Avenue - Rio Vista to Santa Ana River) RESOLUTION NO. 67R-192 ~ PROJECT #385: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRATION AGREEMENT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE COUNTY OF ORANGE AND THE CITY OF ANAHEIM FOR THE IMPROVEMENT OF WEST STREET, FROM ORANGEWOOD TO 600 FEET SOUTH OF KATELLA, PROJECT #385, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON VEHALF OF THE CITY OF ANAHEIM~ (West Street - Orangewood to 600 feet south of Katella) RESOLUTION NO. 67R-193 PROJECT #386: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRATION AGREEMENT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE COUNTY OF ORANGE AND THE CITY OF ANAHEIM FOR THE IMPROVEMENT OF DALE STREET, CRESCENT TO LINCOLN, PROJECT #386, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM. (Dale Street - Crescent to Lincoln) RESOLUTION NOD 67R-194 PROJECT #387: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRATION AGREEMENT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE COUNTY OF ORANGE AND THE CITY OF ANAHEIM FOR THE IMPROVEMENT OF PLACENTIA AVENUE, STATE COLLEGE BOULEVARD TO ORANGETHORPE, PROJECT #387, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM° (Placentia Avenue State College Boulevard to Orangethorpe) 10072 City Hall~ Anaheim~ California - COUNCIL MINUTES April 4, 1967~ 1:30 PoM. RESOLUTION NO. 67R-195 - PROJECT #388: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRATION AGREEMENT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE COUNTY OF ORANGE AND THE CITY OF ANAHEIM FOR THE IMPROVEMENT OF ~STERN AVENUE, LINCOLN TO BALL, PROJECT #388, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM. (Western Avenue - Lincoln to Ball Road) RESOLUTION NO. 67R-196 - PROJECT #395: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRATION AGREEMENT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE COUNTY OF ORANGE AND THE CITY OF ANAHEIM FOR THE IMPROVEMENT OF CRESCENT AVENUE, BROOKHURST TO MAGNOLIA, PROJECT #395, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM. (Crescent Avenue - Brookhurst to Magnolia) RESOLUTION NO. 67R-197 - PROJECT #397: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRATION AGREEMENT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE COUNTY OF ORANGE AND THE CITY OF ANAHEIM FOR THE IMPROVEMENT OF ORANGETHORPE AVENUE, DOW'LING TO 1500 FEET WEST, PROJECT #397, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM. (Orangethorpe Avenue - Dowling to 1500 feet west) RESOLUTION NO. 67R-198 - PROJECT #401: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRATION AGREEMENT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE COUNTY OF ORANGE AND THE CITY OF ANAHEIM FOR THE IMPROVEMENT OF ~BALL ROAD, HARBOR BOULEVARD INTERSECTION, PROJECT #401, AND AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM. (Ball Road Harbor Boulevard Intersection) RESOLUTION NO. 67R-199 - PROJECT #421: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRATION AGREEMENT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE COUNTY OF ORANGE AND THE CITY OF ANAHEIM FOR THE IMPROVEMENT OF JEFFERSON STREET, BRIDGE APPROACHES TO SANTA ANA RIVER BRIDGE, PROJECT #421, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM° (Jefferson Street - Bridge approaches to Santa Ana River Bridge) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolutions Nos. 67R-190 to 67R-199, both inclusive, duly passed and adopted. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Pebley, seconded by Councilman Chandler: a. Estimate of Apportionments of Vehicle License Fee Revenues for the 1967-68 Fiscal Year. bo Orange County Chamber of Commerce Resolution concerning relocation of California College of Medicine. Co City of National City Resolutions No. 9331 endorsing a legislative program to amend the Mayo-Breed Formula for the allocation of state gasoline taxes. d. Minutes - Anaheim Public Library Board Meeting of February 20, 1967. MOTION CARRIED ~ 10073 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 4~ 1967~ 1:30 P.M. ORDINANCE NO. 2374: Councilman Schutte offered Ordinance No. 2374 for first reading. AN ORDINANCE OF'THE CITY OF ANAHEIM AI~ENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO PARKING° (No Parking - portions of Dowling Avenue (Kraemer Boulevard)) PROPOSED ORDINANCE FOOD HANDLING BUSINESSES: Proposed ordinance covering food handling businesses was continued from the meeting of March 21, 1967, to this date, and was further continued to April 11, 1967, to allow review by the California Dining and Beverage Association. ORDINANCE NO. 2368~ On report and recommendations of the City Attorney, Councilman Schutte offered Ordinance No. 2368 for amended first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4, CHAPTER 4.18 of the ANAHEIM MUNICIPAL CODE BY ADDING THERETO SECTION 4.18.015. (Prohibited Acts, Holder o£ Entertainment Permit) ORDINANCE NO. 2375: On the recommendations of the City Attorney, Councilman Schutte offered Ordinance No. 2375 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4, CHAPTER 4.18 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SECTION 4.18.060. (Prohibited Attire and Entertainment) ALCOHOLIC BEVERAGE LICENSE APPLICATIONS: The following applications were presented by the City Manager to the City Council for their information: A. Application submitted by James F. Conroy for Person to Person Transfer of On Sale General license (Bona Fide Eating Place) at the Kings Row, 409 West Katella Avenue (R-A zone, Conditional Use Permit No. 577). B. Application submitted by Szabo Food Service Inc., of California for New On Sale General license (Bona Fide Eating Place) at Anaheim Convention Center, 800 West Katella Avenue (C-R zone pending). No Council action was taken on the foregoing applications. PERALTA HILLS ANNEXATION ~2: The following certificates relative to the sufficiency of a petition of annexation of inhabited territory to the City of Anaheim was submitted by the City Clerk. CERTIFICATE RELATING TO SUFFICIENCY OF PETITION FOR THE ANNEXATION OF INHABITED TERRITORY TO THE CITY OF ANAHEIM~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M~ WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that upon receiving in my office a petition requesting the annexation to the City of Anaheim of certain territory known and designated as PERALTA HILLS ANNEXATION NOo 2, I have checked said petition and have examined the County Registration of Voters'Records to ascertain the total number of qualified electors residing within the territory described in said petition, and I FURTHER CERTIFY, that from such examination and inspection, I find that the total number of qualified electors residing in said territory is two hundred ninety-eight (298) electors, and I find that said petition is signed by ninety-four (94) qualified electors residing within the territory described in said petition, as shown by the County Registration of Voters of Orange County, California, and I FURTHER CERTIFY, that the last mentioned number of qualified electors constitutes not less than one-fourth of the qualified electors residing within the territory proposed to be annexed, as shown by such County Registration of Voters' Records. 10074 City Hall~ Anaheim~ California COUNCIL MINUTES - April 4~ 1967~ 1:30 P.M~ I FURTHER CERTIFY that said territory described in said petition is contiguous to the City of Anaheim and does not form a part of any other incorporated City. DATED this 31st day of March, 1967. /s/ Dene M. Williams CITY CLERK OF THE CITY OF ANAHEIM (sm~.) CERTIFICATE RELATING TO SUFFICIENCY OF PETITION FOR THE ANNEXATION OF INHABITED TERRITORY TO THE CITY OF ANAHEIM. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SANTA ANA ) I, W. E. ST JOHN, County Clerk of the County of Orange, do hereby certify that I am the County Officer having charge of the Registration of Voters in the County of Orange, and I HEREBY FURTHER CERTIFY, that I have examined, or caused to be examined, the petition received by the City Clerk of the City of Anaheim for the annexation of certain territory to said City of Anaheim known and designated as PERALTA HILLS ANNEXATION NO. TWO, to ascertain the total number of qualified electors residing within the territory described in said petition, as shown by the County Registration of Voters, and to determine the number of qualified electors whose names are signed to said petition. I FURTHER CERTIFY that from said examination, it appears that the total number of qualified electors residing within the territory described in said petition is two hundred ninety-eight (298) electors, and that the total number of qualified electors whose names are signed to said petition is ninety-four (94) electors, and that said number represents one-fourth, (or more), of the qualified electors residing within said territory proposed to be annexed. DATED this 31st day of March, 1967. /s/ W. E. ST JOHN by M. J. Mayer Deputy COUNTY CLERK OF THE COUNTY OF ORANGE (SEA~.) RESOLUTION NO. 67R-200: Councilman Chandler offered Resolution No. 67R-200 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO CALL A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS RESIDING IN THE HEREINAFTER DESCRIBED TERRITORY THE QUESTION OF ANNEXATION OF SAID TERRITORY TO THE CITY OF ANAHEIM. (Public hearing May 9, 1967, 1:30 P.M.) Roll call vote: AYES: COUNCILMEN: NOES: CO UNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No. 67R-200 duly passed and adopted. 10075 City Hall~ Anaheim~ California ~ COUNCIL MINUTES - April 4~ 1967~ 1:30 P.M. RESOLUTION NO. 67R-201: On the recommendations of the City Attorney, Councilman Pebley offered Resolution No. 67R-201 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 ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY FOR THE INSTALLATION OF TWO AUTOMATIC CROSSING GATES TO SUPPLEMENT EXISTING FLASHING LIGHT SIGNALS AT THE SYCAMORE STREET CROSSING OF SAID RAILWAY COMPANY'S TRACK (CROSSING NOo 2~.167.4). Roll call vote: AYES~ COUNCILMEN: NOES~ COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No. 67R-201 duly passed and adopted. ANAHEIM CONVENTION CENTER DEDICATION COMMITTEE REPORT: Councilman Dutton, Chairman, reported on recommendations of the Anaheim Convention Center Dedication Committee regarding tentative plans for the dedication ceremonies and events July 12 through 16, 1967, and requested an expression from the City Council relative to proposed policies in connection therewith. Mr. Murdoch advised that the proposed general format was oriented to the maximum possible County-wide participation, and illustrating the flexibility' of the various facilities, with tours being conducted during the dedication period. The Grand Lobby would be the hub of activities, the Exhibit Hall to house commercial, industrial and governmental exhibits, it being recommended that no charge be made to governmental agencies unless on a bare minimum basis; however commercial and industrial exhibitors would pay a charge, with a specific recommendation to be made by the Committee in the near future. The general policy for the Exhibit Hall would be that there would be a charge to cover the costs, but not the amortization; and no charge to the public. Meeting Rooms would be utilized by local cultural groups, and possibly hobby groups, with no charge to the public nor to the exhibitors, it being recommended that the only exception might be a charge for staging a pageant or entertainment in the Little Theatre. Regarding the Arena, Mr. Murdoch advised it was the recommendation of the Committee that normal charges be applied to entertainment events held in the Arena during the Dedication period. Councilman Pebley moved that the general policy for the Convention Center Dedication be approved as outlined. Councilman Schutte seconded the motion. MOTION CARRIED. PARKING LOT FEES - CONVENTION CENTER DEDICATION: Reference was made to parking facilities during the dedication events, and the City Manager reported that the Committee had recommended a 50¢ fee for parking at the Center; however, concern had been expressed that additional parking would be necessary, and the suggestion was made that a portion of the Anaheim Stadium parking lot be utilized during the dedication period, with some type of shuttle service between the two facilities being provided by the City. At the conclusion of brief Council discussion, it was moved by Councilman Krein, seconded by Councilman Schutte, that there be a 50¢ charge for parking at the Convention Center site during the dedication event only. MOTION CARRIED. URBAN REDEVELOPMENT AGENCY: Councilman Chandler moved that the City Council sit as the Urban Redevelopment Agency immediately after Recess, and at the conclusion of the Urban Redevelopment meeting, that the City Council meet in Executive Session. Councilman Dutton seconded the motion. MOTION CARRIED° 10076 City Hall, Anaheim, California - COUNCIL MINUTES - April 4, 1967~ 1:30 P.M. EXECUTIVE SESSION: Councilman Chandler moved to recess to Executive Session. Councilman Krein seconded the motion. MOTION CARRIED. (3:10 P.M.) RECESS: The City Council returned from Executive Session, and on motion by Councilman Chandler, seconded by Councilman Krein, the City Council recessed to 7:00 P.M. MOTION CARRIED° (4:30 P.M.) AFTER RECESS~ Mayor Krein called the meeting to order. PRESENT~ ABSENT~ PRESENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein. COUNCILMEN: None. ASSISTANT CITY MANAGER: Robert Davis. CITY ATTORNEY: Joseph Geisler. DEPUTY CITY CLERK~ Alona M. Farrenso ASSISTANT CITY ENGINEER: Ralph Pease. ASSISTANT DEVELOPMENT SERVICES DIRECTOR: Robert Mickelson. ZONING SUPERVISOR: Ronald Thompson. INVOCATION~ Reverend A. M. Engle, of the First Baptist Church, gave the Invocation~ FLAG SALUTE~ Councilman Chandler led the Assembly in the Pledge of Allegiance to the Flag. PUBLIC HEARING - VARIANCE NO. 1854: Submitted by Charles R. Laraway requesting permission to split 21 existing R-3 lots into 42 lots, with waivers of minimum lot width and minimum lot area; R-3 zoned property located generally south of Glenoaks Avenue, east of Chippewa Avenue, and north of Crescent Avenue. City Planning Commission pursuant to Resolution No. PC67-45 denied said variance. Appeal from action taken by the Planning Commission was filed by the applicant and public hearing scheduled this date. 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. He called attention to findings of the Planning Commission noting that a previous variance request for substandard lots, larger than those currently proposed for subject pro- perty, was denied by the City Council. Mayor Krein asked if the applicant or his representative wished to address the City Council. Mr. Daniel Holden, 136 West Whiting Avenue, Fullerton, Attorney for the petitioner, briefed the contents of his letter dated March 31, 1967, advising of his opinion that there were some misconceptions at the Planning Commission hearing. Due to the existing multiple family residential units on the property, he stated the requested lot split would not alter the character of the property nor the neighborhood; that the action would place each four unit apartment building on an individual lot. Mr. Holden advised that Mr. Laraway is the owner of the bulk of the property. The Building Department originally issued separate permits for the buildings, which are on separate utilities with the exception of a common sewer connection between the curb and the centerline of the street. Plans and the file were reviewed by the City Council. Another area of concern to the City Planning Commission was the possibility that a fence might be constructed between buildings on the common green areas, and Mr. Holden was of the opinion that the construction of such a wall would render the units extremely difficult to rent. He thereupon submitted a document signed by all the property owners with the exception of one, who was out of town, agreeing that they would be willing to sign a common maintenance agreement as to the sewer, and further agreeing that they do not desire to erect or construct any fence or similar obstruction in the green areas between apartment buildings. 10077 City Hall~ Anaheim~ California COUNCIL MINUTES - April 4~.1967~ 1:30 P.M. in conclusion, Mr. Holden advised that foreclosure on the bulk of the lots in question is pending; that original financing was made on a half lot basis, and if foreclosure takes place by buildings~ in effect there would be a lot split. Further, sale of the units would be greatly simplified if each four unit building could be sold separately. Councilman Pebley questioned the advantage of the lot split. Mr. Holden advised that the situation was that sufficient funds are available in the receivership to possibly settle one trust deed on each lot; and in discussing the matter with the City staff, it was felt that if a lot split was to be requested, it should be for all the lots in question. Mr. Geisler advised that the City was not interested in the method of financing, but if the lots are to be sold as half lots, a lot split or variance would be necessary. Mr. James Tannehill, Vice President of Columbia Savings and Loan Association, 5220 Wilshire Boulevard, Los Angeles, referred to his letter dated March 28, and pointed out that if subject variance and lot split request are not granted, the firm would have to attempt sale of all the remaining properties to one buyer which would reduce the price. In answer to Council questioning, Mro Tannehill stated they were the recorded o~ers of one-half lot by foreclosure with the other half being owned by another party, and he noted that the loans were for refinancing purposes. Mr. Holden, for clarification, advised that Mr. Laraway had been and was now the recorded owner of the property, however separate trust deeds had been issued for half lots. That on one or two lots, a second trust deed was issued, and foreclosure proceedings on that second trust deed initiated, creating joint ownership on the same lot~ He felt that the property values would be better maintained if the lot split were allowed and sales could be made. The Mayor asked if anyone wished to address the City Council in opposition, there being no response, declared the hearing closed. RESOLUTION NOo 67R-202~i Councilman Chandler failed to see the basis for the City Council to grant a variance from the Ordinances for the economic convenience of the applicants, and he thereupon offered Resolution No. 67R-202 upholding the action taken by the City Planning Commission denying said variance~ Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NOo 185a~ Roll call vote: AYES~ COUNCILMEN: NOES~ COUNCILMEN: ABSENT~ COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No. 67R-202 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 925: Submitted by J. E. Pruett requesting permission for office use of two residential structures, with waivers of minimum required number of off-street parking spaces and location, minimum required landscaping, required 6-foot masonry wall and minimum site area; R-1 zoned property located at the southeast corner of Hampshire Street and Harbor Boulevard (&18 and 422 West Hampshire Street). The City Planning Commission pursuant to Resolution No. PC67-44 denied said conditional use permit. Appeal from action taken by the City Planning Commission was filed by the applicant and public hearing was scheduled this date. 10078 City Hall~ Anaheim, California - COUNCIL MINUTES - April 4~ 1967~ 1:30 P.M. In connection with the appeal, revised plans were also submitted, and excerpt from the Minutes of the City' Planning Commission Meeting held March 27, 1967 was submitted, noting consideration of said revised plans, and reaffirming the Commission's action of denial for the following reasons: that the revised plans still do not provide for adequate parking; that the denial was based on the further fact that the existing structures should be removed, since the C-O zone required the 20,000 square foot area or a conditional use permit, and would require removal of existing structures by 1969. (C-0 zone pending, Reclassification No. 65-66-63). Zoning Supervisor Ronald Thompson noted the location of subject property and the existing uses and zoning in the immediate area, calling attention to resolution of intent approving C-0 zoning on the east side of Harbor Boulevard, including subject property, under Reclassification No. 65-66z63. Mr. Thompson further noted findings of the Planning Commission, and reported that the revised plans submitted provide for the removal of one garage to allow parking in the rear, and the maintenance of the residential appearance of the structures and front yard landscaping~ The Mayor asked if the petitioner desired to address the City Council. Mro J. E~ Pruett, 422 West Hampshire Street, stated he knew of no way to provide any additional parking on the property. In response to Councilman Chandler's question, Mr. Pruett advised that the special easements referred to at the Planning Commission hearing were reciprocal easements from the one parcel to the other, to allow a common driveway between the structures to parking in the rear. He noted that the parcels will be used for medical offices. Mr~ Thompson noted that vehicular access to the property would be from Hampshire Street~ The Mayor asked if anyone wished to address the City Council in opposition, there being no response, declared the hearing closed. Council discussion was held, it being noted that dedication for the widening of Harbor' Boulevard would include three inches of the structure at the corner, and Mr~ Pease noted that an encroachment permit could be considered. RESOLUTION NOo 67R-203: Councilman Pebley offered Resolution No. 67R-203 for adoption, granting said conditional use permit, subject to the following conditions: 1o That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 45 feet in width, from the centerline of the street, along Harbor Boulevard, including a 15-foot radius corner return, for street widening purposes. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2°00 per front foot along Harbor Boulevard and Hampshire Avenue, for street lighting purposes. 3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Hampshire Avenue, for tree planting purposes. 4. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. That Condition Nos. 1, 2, and 3, 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. 6. 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, 3, 4, and 5~ 7. Subject to the completion of Reclassification Proceedings for C-O zoning, Reclassification No~ 65~-66-6~. 8. That temporary waiver be granted for the walls on the east and south boundaries, as required by the C-O zone, until such time as deemed necessary by the City. 10079 ~naheim~ California - COUNCIL MINUTES - April 4, 1967~ 1:30 P.M. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 925. Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT~ COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No. 67R-203 duly passed and adopted. During the discussion of the City Council, it was determined that it would not be necessary to post bonds to insure the construction of the walls on the east and south boundaries of subject property. ENCROACHMENT PERMIT: On motion by Councilman Dutton, seconded by Councilman Pebley, encroachment into the ~'~timate Harbor Boulevard right-of-way was granted for existing structure located on the southeast corner of Hampshire Street and Harbor Boulevard. MOTION CARRIED. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 926: Submitted by William Shoemaker, et al, requesting permission to establish a service station With waiver of distance from a residential zone; R-A zoned property in the commercial re- creation area general boundary, located at the southeast corner of Ball Road and Walnut Street. The City Planning Commission pursuant to Resolution No. PC67-54 denied said conditional use permit. Appeal from action taken by the City Planning Commission was filed by the Attorney for the applicants and public hearing scheduled this date. Because of a possible conflict of interest, Councilman Schutte withdrew from the discussion and action on this issue, and left the meeting, 7~45 P.Mo Mrs 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, and noting findings of the Commission in denial of subject application. Plans and the file were reviewed by the City Council, and in answer to Council questioning, Mr. Thompson advised that if the property was zoned C-R, Commercial Recreation, a service station would be allowed as a matter of right at this intersection of two arterial highways. He noted that the waiver was for minimum distance from R-A property, which is the balance of property owned by the petitioner. The Mayor asked ifa representative of the petitioners wished to address the City Council. Mr. Harry Knisely, 1523 West Katella Avenue, Attorney representing the petitioner, displayed a map of the area indicating the properties re- presented by persons who signed the petition of opposition to the service station, and noted that only two properties are actually affected by the proposed service station, the single family dwellings across Walnut Street to the west, and the residential area cross Ball Road to the north. He referred to the General Plan Map illustrating the C-R area, including subject property. He called attention to a service station at the corner of West Street and Ball Road, located in a similar situation. In answer to Councilman Dutton's question, Mr. Knisely advised that the service station was proposed to be oriented to Ball Road. The Mayor asked if a spokesman for the opposition desired to address the City Council. 10080 Cit Hall Anaheim California - COUNCIL MINUTES April 4~ 1967~ 1:30 PoM. Mr. John Sheppard, 1223 South Walnut Street, representing property owners on the west side of the street, referred to petition of opposition submitted at the City Planning Commission hearing, signed by property owners in the area and by residents and representatives of the Lutheran Home on the northwest corner of the intersection. He recognized that subject property would ultimately be developed, but was of the opinion that a service station was not the proper use for the land directly across from residential areas. He noted that people from the home for the aged cross the street to the Jitney Bus stop at the corner of subject property. Mr. Michael Rizzuto, 1217 South Walnut Street, noted the quiet residential atmosphere of the area, and objected to the noise and traffic which would result from development of the service station on subject pro- perty. In answer to Council questioning, Mr. Rizzuto was of the opinion that some recreational type development would be best for the property, and suggested that the city consider a park development. He noted that the people from the rest home do a great deal of walking in the surrounding area. In rebuttal, Mr. Knisely reported that the bus stop is located at the southwest corner of the intersection, rather than the southeast corner. He noted that the traffic already exists in the area, and he failed to see any potential hazard resulting from the proposed development. Mr. Dan Graeber, 2832 Verde Avenue, President of the Lutheran Home Association, advised of their opposition to the proposed service Jtation, noting that the bus does stop on the corner in question, and a bench has been requested for that corner; that there are 158 residents at the rest home. Councilman Dutton was of the opinion that the jitney service would be willing to relocate the bus stop if so requested, noting that the re- sidents would have only one street to cross from the Lutheran Home, if this were accomplishedo Mr. Rizzuto returned to state that within a one mile radius of the property, there are nine service stations. Mayor Krein declared the hearing closed. RESOLUTION NO. 67R-204: Councilman Dutton was of the opinion that subject property was. located at the intersection of two arterial thoroughfares, and was included within an area which was some time ago designated for commercial- recreation; and he thereupon offered Resolution No. 67R-204 for adoption, granting subject conditional use permit, subject to the following conditions: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 57 feet in width, from the center line of the street, along Walnut Street, for street widening purposes. 2. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 53 feet in width, from the center line of the street, along Ball Road, for street widening purposes, including a 25 foot radius corner return. 3. That street improvement plans shall be prepared and all engineering re- quirements of the City of Anaheim along Ball Road and Walnut Street, 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~ 4. That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Ball Road and Walnut Street, for street lighting purposes. 5. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Ball Road and Walnut Street, for tree planting purposes. 10081 Cit Hall Anaheim California - COUNCIL MINUTES - A ril 4 1967 1:30 PoMo 6o 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. 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 subject property shall be developmed substantially in accordance with adopted Service Station Minimum Site Development Standards and City Council Metal Building Policy. 9. That Condition Nos. 1, 2, 3, 4, 5, and 6, 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. 10. That Condition Nos. 7 and 8, above mentioned, shall be complied with prior to final building and zoning inspections. 11. 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. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE iPERMIT NO. 926. Roll call vote: AYES: COUNCILMEN~ NOES~ COUNCILMEN~ ABSENT: COUNCILMEN: Dutton, Pebley, Chandler and Krein None Schutte The Mayor declared Resolution No. 67R-204 duly passed and adopted. In stating his vote, Councilman Pebley concurred with statements made by Councilman Duttono CANTEEN CORPORATION OF AMERICA FAITHFUL PERFORMANCE BOND: On report and recommendation of the City Attorney, it was moved by Councilman Krein, seconded by Councilman Dutton, that the required posting of a continuing faithful performance bond by Canteen Corporation of America be waived. MOTION CARRIED~ CANTEEN CORPORATION OF AMERICA - PORTABLE CONCESSION STANDS: The City Attorney reported that a study is being made relative to the feasibility of the city waiving its percentage of the sales in such instances were Canteen Corporation of America sets up portable stands for non-seated events in Anaheim Stadium, and operates these stands at a loss. ADJOURNMENT; Councilman Pebley moved to adjourn. Councilman Dutton seconded the motion. MOTION CARRIED. ADJOURNED: 8:15 P.M. S I GNED . City Clerk