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1966/02/239253 City Hall, Anaheim, California - COUNCIL MINUTES - February 15~ 1966~ 1:30 P.M. Avenue and Haster Street, advising that the site has been cleared and the ground broken, resulting in a serious dust and dirt problem to the nearby residents. She appealed to the City Council to expedite improvement of the park. The City Manager was requested to investigate the matter and report on the status and projected completion date of Ponderosa Park. ADJOURNMENT: Councilman Schutte moved to adjourn. Councilman Chandler seconded the motion. MOTION CARRIED. ADJOURNED: 8:12 P.M. City Clerk City Hall~ Anaheim, California - COUNCIL MINUTES - February 23~ 1966~ 1:30 P..M, The City Counc:l of the Clty of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Dutton, Schutte, Chandler and Pebley. COUNCILMEN: Krein. ASSISTANI CITY MANAGER: Robert Davis. CITY ATTORNEY: Joseph Geisler. ASSISTANT CITY AIIORNEY: John Dawson. CITY CLERK: Dene M. Williams. CITY ENGINEER: James P. Maddox. ZONING SUPERVISOR: Ronald Thompson. PARKS AND RECREATION DIRECTOR: John Collier. Mayor Pro Tem Pebley called the meeting to order. MINUTES: M~nutes of the Anaheim City Council Meeting held February 8, 1966, were approved, on motion by Councilman Schutte, seconded by Councilman Chandler,, Councilman Dutton abstained from votin9. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Chandler moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of readin9 is hereby given by all Councilmen unless after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Schutte seconded the motion. MOTION UNANIMOUSLY CARRIED. DEMANDS AGAINST THE CITY: Demands against the City in the amount of $1,116,968.77, in accordance with the 1965-66 Budget, were approved. CONTINUED PUBLIC HEARING - ABANDONMENT: Public hearing on proposed abandonment of a portion of former Anaheim Union Water Company 8 foot right-of-way easement (Tract No. 1599 - Abandonment No. 65-24A), was continued from the meetings of January 4, and February 8, 1966, to determine the feasibility of recovering abandonment costs. The Mayor Pro Tem asked if anyone wished to address the Council, there being no response, declared the hearing closed. The Assistant City Manager reported that both subjec~ abandonment request and the one that follows, were on file prior to Council adoption February 8, 1966, of a policy establishing fees for said requests. Ne noted that additlon to said policy was authorized February 15, 1966, pro- viding that no fees be charged for requests received prior to the adoption of the policy. RESOLUTION NO. 66R-125: Councilman Chandler offered Resolution No. 66R-125 for adoption, approving said abandonment. 9254 City Hall, Anaheim~ California - COUNCIL MINUTES - February 23~ 1966~ 1:30 P.M... Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AN~ ABANDONMENT OF THAT PORTION OF A FORMER ANAHEIM UNION WATER COMPANY RIGHT OF WAY EASEMENT OVER, ACROSS, ALONG AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY. (North side of Vermont Avenue, West of the Atchison Topeka and Sante Fe Railroad Right of Way) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Pebley None Krein The Mayor Pro Tem declared Resolution No. 66R-125 duly passed and adopted° CONTINUED PUBLIC HEARING - ABANDONMENT: Public hearing on proposed abandonment of a portion of Anaheim Union Hater Company drainage easement (Lots 17, 18~ 19 and lgA, Tract No, 255, Abandonment No, 65-25A, was continued from the meetings of January 4 and February 8, 1966, to determine the feasibility of recoverzng abandonment costs, Mayor Pro Tem Pebley asked if anyone wished to address the City Council, there being no response, declared the hearing closed. RESOLUTION NO, 66R-126: Councilman Chandler offered Resolution No. 66R-126 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 AN EASEMENT FOR DRAINAGE PURPOSES OVER, ACROSS, ALONG AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY. (North of' Cypress Street, west of State College Boulevard) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton~ Schutte, Chandler and Pebley None Krein The Mayor Pro Tem declared Resolution No. 66R-126 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO, 65-66-73 AND CONDITIONAL USE PERMIT NO. 801: Initiated by the Anaheim Planning Commission for a change of zone from C-3 to C-l, and permission for an existing service station within 75 feet of an R-3 zone; property located at the southeast corner of Placentia Avenue and State College Boulevard. The City Planning Commission pursuant to Resolution No. 1911, Serles 1965-66~ recommended unconditional approval of said reclassification; and pursuant to Resolution No.' 1912, Series 1965-66, unconditionally granted said eonditional use permit. Attention was called to Resolutions Nos. 1947 and 1948, Series 1965-66, adopted by the Planning Commission February 16, 1966, amending legal descriptions contained in subject reclassification and conditional use permit, respectively. Mayor Pro Tem Pebley asked if anyone wished to address the Council, there belng no response, declared the hearing closed. RESOLUTION NO. 66R-127: Councilman Dutton offered Resolution No. 66R-127 for adoption, authorizing preparation of necessary ordinance changing the zone as recommended, unconditionally. Refer to Resolution Book. 9255 City Hall, Anaheim, California - COUNCIL MINUTES - February 23~ 1966~ 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 A~ENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (65-66-73 - C-l) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Pebley None Krein The Mayor Pro Tem declared Resolution No. 66R-127 duly passed and adopted. RESOLUTION NO. 66R-128: Councilman Dutton offered Resolution No. 66R-128 for adoption, 9ranting Conditional Use Permit No. 801 unconditionally. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 801. Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Pebley None Krein The Mayor Pro Tem declared Resolution No. 66R-128 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 65-66-74: Initiated by the Planning Commission for a change of zone from R-A to C-l; property located on the northeast corner of Lincoln Avenue and Sunkist Street. Recommended for unconditional approval by the City Planning Commission, pursuant to Resolution No. 1913, Series 1965-66. The Mayor Pro Tem asked if anyone wished to address the City Council, there being no response, declared the hearing closed. RESOLUTION NO. 66R-129: Councilman Dutton offfered Resolution No. 66R-129 for adoption, authorizing preparation of necessary ordinance changing the zone as recommended, unconditionally. 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. (65-66-74 - C-i) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte~ Chandler and Pebley None Krein The Mayor Pro Tem declared Resolution No. 66R-129 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 65-66-75: Initiated by the Planning Commission for a change of zone from R-A to C-l; property located on the southwest oorner of Lincoln Avenue and Rio Vista Street. The City Planning Commission pursuant to Resolution No. 1914, Series 1965-66, recommended unconditional approval of said reclassification. 9256 ~ity Hall, Anaheim~ California - COUNCiL MINUTES - February 23~ 1966~ 1:30 P.M. The Mayor Pro lem asked if anyone wished to address the Council, there being no response, declared the hearing closed. RESOLUTION NO. 66R-130: Councilman Dutton offered Resolution No, 66R-130 for adoption, authorizing preparation of necessary ordinance changing the zone as recommended. Refer to Resolution Book. A RESOLUTION OF THE CIIY 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. (65-66-75 - C-l) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Pebley None Krein The Mayor Pro Tem declared Resolution No. 66R-130 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO,. 65-66-76: Initiated by ±he Planning Commission for a change of zone from R-A to C-i; property located at the northeast corner of Ball Road and State College Boulevard. Recommended for unconditional approval by the City Planning Commission~ pursuant to Resolution No. t915, Series 1965-66. The Mayor Pro Tem asked if anyone wished to address the City Council, there being no response, declared the hearing closed. RESOLUTION NO. 66R-131. Councilman Dutton offered Resolution No. 66R-131 for adoption~ authorizing preparation of necessary ordinance changing the zone as recommended. Refer to Resolution Book. A RESOLUTION OF THE CI'[Y 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. (65-66-76 - C-i) Poll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Pebley None Krein The Mayor Pro lem declared Resolution No. 66R-131 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 65-66-77: Initiated by the Planning Commission for a change of zone from R-A to C-i; property located at the southeast corner of Lincoln Avenue and Rio Vista Street. The City Planning Commission pursuant to Resolution No. 1916, Series 1965-66, recommended unconditional approval of said reclassification. The Mayor Pro lem asked if anyone wished to address the Council, there being no response, declared the hearing closed. RESOLUTION NO. 66R-132: Councilman Dutton offered Resolution No. 66R-132 for adoption, authorizing preparation of necessary ordinance changing the zone as recommended. Refer to Resolution Book. 9257 ~it¥ Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1966, 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. (65-66-77 - C-l) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Du~ton, Schutte, Chandler and Pebley None Krein The Mayor Pro Tem declared Resolution No. 66R-132 duly passed and adopted. JITNEY PROPOSAL: Council consideration of proposed ordinance regulating public transportation system on a permit basis, was scheduled this date. The City Clerk called attention to communication dated February 22, 1966, from Rector L. Coons, encouraging the City Council to approve request of the Anaheim Jitney Transportation System to operate a jitney service. At the request of the City Attorney, Counci:lman Dutton moved that Council consideration of the proposed ordinance be continued one week (March 1, 1~66) for additional study, Councilman Schutte seconded the motion. MOTION CARRIED. Nv~USEMENT MACHINE PERMIT: Application filed by Harold and Gloria Gray for amusement machine permit, to allow a juke box and a pool table for amusement only, at The Salvick, 1160 North Dowling Avenue, was submitted and granted, subject to the recommendations of the Chief of Police, on motion by Council- man Dutton, seconded by Councilman S~hutte. MOTION CARRIED. BILLIARD PARLOR APPLICATION: Application filed by Robert Ray Knowles for billiard parlor permit to allow a Family Billiard Center at the former Westlin Billiard Club, 3150 West Lincoln Avenue, was submitted and granted as recommended by the Police Department, on motion by Councilman Dutton, seconded by Councilman Schutte. MOTION CARRIED. ENTERTAINMENT PERMIT: Application submitted by Conrad J. Letter for entertainment permit to allow three to four piece combo, Go Go Girls or guitar player, at Mimi's Beer Tavern, 3148 West Lincoln Avenue, was submitted and granted for a period of one year, subject to the recommendations of the Police Department, on motion by Councilman Dutton, seconded by Councilman Schutte MOTION CARRIED. ' SIDEWALK WAIVER - 400 EAST VERMONT STREET: Request of E. T. Kocher of Visco Division, Nalco Chemical Company, for waiver of sidewalks at 400 East Vermont Street, was submitted. Also submitted and reviewed was report of the City Engineer, recommending that the requested waiver be denied, and setting forth the basis for said recommendation. Mr. Earl T. Kocher addressed the Council withdrawing said request for sidewalk waiver, stating that they would comply with recommendations of the City Engineer. No action was taken by the City Council. SIGN REQUEST - 214 SOUTH ANAHEIM BOULEVARD: Application for sign permit, submitted by Frank Jaworski, for 36 inch over-all projection at Anaheim Steering & Wheel, 214 South Anaheim Boulevard, was reviewed by the City Council together with reports from the Zoning and Building Divisions. On motion by Councilman Dutton, seconded by Councilman Chandler, said sign request was granted. MOTION CARRIED. 9258 C~ty Hall, Anaheim~ California - COUNCIL MINUTES - February 23~ 1966~ 1:30 P.M. CONDITIONAL USE PERMIT NO. 7la - EXTENSION OF TIME: Request of Ralph G. and Sylvia Alexander, dated February 3, 1966, was submitted for six month extension of time to Conditional Use Permit No. 71m for compliance for certain conditions, pursuant to Resolution No. 65R-581. Mr. Alexander was present, and in answer to Council questioning, advised that the necessary dedication for the widening of Anaheim'Boulevard would be executed and returned to the City. Councilman Chandler moved that six months extension of time be granted to Conditional Use Permit No. 714, subject to the condition that the fully executed deed of easement for the widening of Anaheim Boulevard be recelved by the City of Anaheim within one week. Councilman Dutton seconded %he motion. MOTION CARRIED. PROPOSED AMENDMENT - METAL BUILDING POLICY: Pursuant to request of Shell Oil Company, dated January 27, 1966, relative to building permit application for steel service station construction, pursuant to Conditional Use Permit No. 761, proposed amendment to Council Policy No. 526, concerning metal buildings, was submitted by the Development Services Department for Council review. Said amendment would add Item No. 8 under Commercial Zone, to read as follows: "8. Service station construction utilizing ranch, hacienda, rustic design will not be required to utilize anodized or pre-finished panels with factory baked-on finishes. Service station construction not employin9 said stylin9 will be required to conform to Point No. 1 above." Mr. Ronald Thompson reported that clearance of building permit for service station at the northwest corner of Harbor Boulevard and Ball Road is being withheld, pending Council determination of how Council Policy No. 526 should be applied to service stations and other construction of a similar nature. He submitted for Council review exhibit prepared by Texaco 0il Company, and an advertisement by Union Oil Company, and he noted the representatives of several oil companies and metal building construction companies were present in the Council Chamber. Mr. Norman Lindsay, Madison Builders, Inc., 1900 East 64th Street, Los Angeles, submitted for Council review photographs of an all me%al buildin9 with no collateral materials used, and was of the opinion that the Council policy is not workable if collateral materials are required, as such materials often would be available from only one source; further, the ranch, hacienda and rustic design terminology does not include a flat-roofed structure, wkich ne fei~ could be equally attractive if used with veneers or other supporting materials. It was his suggestion that service stations be exempted from the Metal Building Policy, and applications therefor be subjected to architectural review. Discussion was held by the City Council, and Councilman Chandler felt that the proposed addition to the policy would except service stations from the requirements, which would not accomplish the purposes of the policy. Mr. Robert Harrison, representing Western Oil and Gas Association, National Oil Building, 6th and Grand, Los Angeles, noted that they had worked together with the City of Anaheim and Oil Company representatives in de- veloping the standards for the existing policy, and they felt the City had a right to, and should, establish standards for construction within the City. He noted dif£erent methods used by the various oil co~panies in constructing their metal stations, and requested that the City establish a criteria for the appearance thereof, leaving to the builder the achievement of such standards in any manner which would be profitable and would wear well. Others who addressed the Council relative to the proposed am,endment were Mr. Robert Hampton, Painting Contractor, of 152m Maple Street, and Mr. Will Gleona, representing Rheem Metal Division, 3383 Gage Avenue, Huntington Park, and Dudley Metal Buildings, 14001 South Garfield, Paramount. At the conclusion of the discussion that followed, Councilman Chandler moved that the'following be added to Items 1 of the Metal Buildin9 9259 City Hall~ Anaheim, California - COUNCIL MINUTES - February 23, i966~ 1:30 P.M. Policy, under both "Commercial Zones" and "Industrial Zones (where Visible from the public street)": "including field finishes, in accordance with certain standards approved by the City Council"; that said standards be prepared by the Development Services Department Staff and presented for Council approval; further, that at the end of said policy, there be added the following: "V~qerever, in the opinion of the Development Services Department, a possible exception to the above-mentioned policy exists, the question shall immediately be submitted to the City Council for determination. Councilman Dutton seconded the motion. MOTION CARRIED." LAW SUII - UNION LOCAL NO. 399: On motion by Councilman Chandler, seconded by Councilman Dutton, the City Attorney was authorized to file a complaint against the Building Service Employee's International Union, AFL-CIO, Local 399, for unlawful activities in connection with the City's business, and to enjoin them from continuance of t~ese activities. MOTION CARRIED. CiTY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held January 31, 1966, pertaining to the following applications, were submitted for City Council information and consideration: CONDI'[IONAL USE PERMIT NO. 803: Submitted by Harry Jung Enterprises, Inc., requesting permission for an auto rental agency on an established service station site at the northwest corner of Katella Avenue and Harbor Boulevard (1777 South Harbor Boulevard). The City Planning Commission pursuant to Resolution No. 1926, Series 1965-.66~ granted said conditional use permit, subject ~o conditions. CONDITIONAL USE PERMIT NO. 80~: Submitted by Voge, Incorporated, for permission to establish a drive-in restaurant with waivers of minimum required parking spaces and minimum required setback landscaping; property located at the southwest corner of South Street and State College Boulevard (801-81.5 South State College Boulevardt. Denied by the City Planning Commission, pursuant to Resolution No. 1921, Series 1965-66. VARIANCE NO. 810: Request of Mrs. taVeta Domino, to establish a restaurant on property originally approved by Variance No. 810 for the establishment of a motel, cocktail lounge, and restaurant and gift shop; property located on the west side of Harbor Boulevard, north of Katella Avenue (172i South Harbor Boulevard). Fhe City Planning Commission, by motion, reinstated Variance No. 810 and approved development plans for the requested restaurant, provided that all of the Slte Development Standards of the C-1 zone be complied with; finding that said condition was based on the fact that property to the south~ extending to Katella Avenue, was already developed for C-[ zone; ~aerefore, tme zone and its standards was applicable to subject property. CONDITIONAL USE PERMIT NO. 590 - EXTENSION OF TIME: 180 day extension of time was granted by the City Planning Commission for the establishment of a motel, located on the northeast side of Anaheim Boulevard south of Katella Avenue (1836 South Anaheim Boulevard). CONDITIONAL USE PERMIT NO. 612 - EXTENSION OF TIME: 180 day extension o£ time was granted by the Planning Commission for the establishment of a church with educational facilities, property located on the north side of Orange Avenue, west of Farm Place (1749 West Orange Avenue). CONDITIONAL USE PFRMIT NO. 482 - TERMINATION: Application submitted by William H. and Mary C. Dlllow, and Clarence and Rhea L. Meddock, requesting permission to establish an outdoor storage area for travel trailers, small boats and boat trailers for the Satellite Mobile Home tenants; property located at the southwest corner of Mountainview and Katella Avenue° The City Planning Commission pursuant to Resolution No. 1930, Series 1965-66, terminated said conditional use permit. 9260 City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1966~ 1:30 P.M. CONDITIONAL USE PEP~IT NO. 634 - TERMINATION: Submitted by F.I.G. Holding Company, requesting permission to establish a 22 unit motel and manager's unit; property located on the south side of Katella Avenue, west of Haster Street leO West Katella Avenue). Pursuant to Resolution No. 1931, Series 1965-66, the City Planning Commiss on terminated said conditional use permit. CONDITIONAL USE PERMIT NO. 694 - TERMINATION: Submitted by James D. McAnena for permission to establish a walk-up restaurant; property located on the east side of Beach Boulevard, approximately 575 north of the center line of Ball Road. The City Planning Commission terminated said conditional use permit, pursuant to Resolution No. 1932, Series 1965-66. Ihe foregoing actions were reviewed by the City Council and no further action taken on the above numbered conditional use permit and variance applications. TENTAIIVE MAP~ TRACT NO. 6146: Developer, Da Nor Development Company; tract located near the northeast corner of Knott Street and Ball Road, and contains 12 proposed R-1 lots (Reclassification No. 65-66-83). In accordance with request of the developer, Councilman Dutton moved Council consideration of said Tentative Tract No. 6146 be continued, for consideration in conjunction with public hearing on Reclassification No. 65-66-83. Councilman Chandler seconded the motion. MOTION CARRIED. /ENTATIVE MAP~ IRACT NO. 6182: Developer, Bryan Industrial Properties; tract located on the north side of Orangethorpe Avenue, east of Lemon Street, and contalns 17 M-1 lots. The City Planning Commission at their meeting held February 16, 1966, approved said Tentative Map, unconditionally, based on the fact that all engineering requirements have been complied with in the approval of Tract No. a961, recorded November ~, 196~. Councilman Dutton moved that Tentative Map, Tract No. 6182 be approved, as recommended by the City Planning Commission. Councilman Schutte seconded the motion. MOTION CARRIED. FINAL MAP, IRACT NO. 6101: Developer, J. W. McMichael; tract located on the south side of South Street, east of East Street, and contains 44 proposed R-1 lots (Reclassification No. 65-66-56). The City Engineer reported said final map conforms substantially with the tentative map previously amended and approved, that time certificate deposit has been posted and forwarded to the City Attorney for approval, and required fees paid, and recommended approval thereof. On the recommendations of the City Engineer, Councilman Dutton moved Final Map, Tract No. 6101, be approved. Councilman Schutte seconded the motion. MOTION CARRIED. DEDICATION OF VEHICULAR ACCESS RIGHTS - CONDITIONAL USE PERMIT NO. 763: On motion by Councilman Chandler, seconded by Councilman Dutton, dedication of vehicular access rights by George Nakanishi, et al, to Norwood Street, in connection with Conditional Use Permit No. 763, was accepted by the City Council, and the recordation thereof was authorized. MOTION CARRIED. RESOLUTION NO. 66R-133 - JOB NO. 100O: Councilman Dutton offered Resolution No. 66R-133 for adoption. Refer to Resolution Book~ 9261 City Hall~ Anaheim~ California COUNCIL MINUTES - February 23~ 1966, 1:30 P.M. 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: MAINTENANCE BUILDING FOR GEORGE HANSEN COMMUNITY PARKSITE, NORTHEAST CORNER OF CRESCENT AND GREEN- ACRE AVENUES, IN THE CITY OF ANAHEIM, JOB NO. 1000; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION ]'HEREOF; 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 March 17, 1966, 2:00 P.M.) Roll call vote: AYES: COUNCILMEN: Dutton, Schutte, Chandler and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor Pro Sem declared Resolution No. 66R-133 duly passed and adopted. CHANGE ORDER NO. 1~ PROJECT NO. 153: On the recommendations of the City Engineer, Councilman Chandler moved that Change Order No. 1, Project No. 153, consisting of additional work, in the amount of $2,019.80 increase, be authorized, Councilman Dutton seconded the motion. MOTION CARRIED. RESOLUTION NO. 66R-134 - JOB NO 990: Upon receipt of certification from the Director of Public Works, Councilman Dutton offered Resolution No. 66R-13a for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: CONSTRUCTION OF SUPPLEMENTAL MANHOLES TO EXISTING SEWER LINES IN THE NORTH CENTRAL AREA, CITY OF ANAHEIM, JOB NO. 990. ts. & M. Pipeline, Inc.) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Pebley None Krein The Mayor Pro Tem declared Resolution No. 66R-134 duly passed and adopted. DEEDS OF EASEMENT: Councilman Schutte offered Resolution Nos. 66R-135 to 66R-138, both inclusive, for adoption~ Refer to Resolution Book. RESOLUTION NO. 66R-135: A RESOLUTION OF THE CITY COUNCIL OY THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. tH. Fay and Roy Donaldson) RESOLUTION NO. 66R-136: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (California Drive-In Theatres, Inco) RESOLUTION NO. 66R-137: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Henry B. and Thelma M. Wesseln) 9262 Hall, Anaheim~ California - COUNCIL MINUTES - ?ebruary 23~ 1966~ 1:30 P.M. RESOLUIION NO. 66R-138: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING lO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Charles and Ida P. Levy) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Pebley None Krein The Mayor Pro Tem declared Resolutions Nos. 66R-135 to 66R-138, both inclusive, duly passed and adopted. BRADLEY - BEIIIN - KUCHEL PROPERTY: On report from Councilman Pebley concerning visual inspection of the City owned park site property (21 acres gross) located on Santa Aha Canyon Road, the City Attorney's Office was authorized %o proceed with preparing a lease to Rober% Andrew of the citrus g~ove on said propert'y, sald lease to be at $t00.00 per acre for each crop. CANCELLATION OF COUNTY TAXES: On motion by Councilman Chandler, seconded by Councilman Dutton, the Orange County Board of Supervisors was requested to cancel county taxes on property acquired by the City of Anaheim for municipal purposes (Anaheim Stadium), pursuant to Resolution No. 64R-724; formerly assessed to Mary Brunner Ferrey, Georgia M. Bradley and Emelia E. Walter, deed recorded October 22, 1964, as Document No. 20973, in Book 72'71, at Page 880, Official Records of Orange County, California MOTION CARRIED. ' INSURANCE RENEWAL - AETNA INSURANCE COMPANY: Renewal of Aetna Insurance Company Policy, Equipment Floater, was ordered taken off agenda, pending further study~ ENCROACHMENT PERMIT - ALEX FOODS~ INC.: On the recommendations of the City Engineer, Councilman Dutton moved that a temporary encroachment permit be granted for the 25 foot base measured easterly from the most westerly building line of the main building, located at 1201 North Lemon Street. Councilman Schutte seconded the motion. MOTION CARRIED. (65-14E) PROPOSED ABANDONMENI - RESOLUTION NO. 66R-139 Councilman Dutton offered Resolution No. 66R-139 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON AN EASEMENT FOR PUBLIC UTILITY PURPOSES, UPON, ALONG, OVER AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION. (Public hearing March 15, 1966, 1:30 P.M.; Abandonment No. 65-30A, Public Utilities easement, Tract No. 3970) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Pebley None Krein The Mayor Pro lem declared Resolution No. 66R-139 duly passed and adopted. ,. PROPOSED ABANDONMENT - RESOLUTION NO. 66R-140: Councilman Dutton offered Resolution No. 66R-140 for adoption. Refer to Resolution Book. 9263 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 23~ 1966~ 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A CERTAIN PUBLIC UTILITY EASEMENT FOR WATER LINE AND POWER LINE PURPOSES UPON, ALONG, OVER AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY~ FIXING A TIME AND PLACE FOR A HEARING THEREON~ DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION. (Public hearing March 15, 1966, 1:30 Abandonment No. 65-28^, Public Utilities easement, located north of Winston Street east of Magnolia Avenue) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Pebley None Krein The Mayor Pro Tem declared Resolution No. 66R-140 duly passed and adopted. RESOLUTION NO. 66R-141: On the recommendations of the City Engineer, Councilman Schutte offered Resolution No. 66R-141 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE CALIFORNIA HIGHWAY COMMISSION TO PERMIT THE CONNECTION OF CRESCENT AVENUE BETWEEN ~ESTMONT DRIVE AND VALLEY STREET, IN THE CITY OF ANAHEIM. (Crescent Avenue over-crossing - Santa Ann Freeway) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Pebley None Krein The Mayor Pro Tem declared Resolution No. 66R-141 duly passed and adopted. ORANGE UNIFIED SCHOOL DISTRICT RESOLUTION - HILL AND CANYON GENERAL PLANt On motion by Councilman Chandler, seconded by Councilman Dutton, resolution of the Orange County School District Board of Trustees, adopted February 3, 1966, accepting the Hill and Canyon General Plan prepared by the City of Anaheim was ordered received and filed. MOIION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed, on motion by Councilman Dutton, seconded by Councilman Chandler: a. City of Buena Park, opposing change of Knott Street to Goldenwest Street within the City of Buena Park. Before the Public Utilities Commission Application of Airportransit, for the extension of its certificate of public convenience and necessity as a passenger stage corporation. Before the Public Utilities Commission, Application of The Pacific Telephone and Telegraph Company for authority to increase certain private line service rates and charges applicable within the State of California. MOTION CARRIED. ORDINANCE NO. 2249: Councilman Dutton offered Ordinance No. 2249 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 8 OF THE ANAHEIM MUNICIPAL CODE BY REVOKING THEREOF CHAPTER 8.08 CONSISTING OF SECTIONS 8o08.010 THROUGH 8.08.360, AND BY ADDING THERETO CHAPTER 8.08 CONSISTING OF SECTIONS 8.08.010 IHROUGH 8.08.140, REGULATING DOGS AND OTHER DOMESTIC ANIMALS WITHIN THE CITY OF ANAHEIM. (Transfer to Orange County jurisdiction) ~264 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 23~ 1966~ 1:30 P,M. Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Pebley None Krein Mayor Pro Tem Pebley declared Ordinance No. 2249 duly passed and adopted. ORDINANCE NO. 2250: Councilman Schutte offered Ordinance No. 2250 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (64-65-84 - C-I) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Pebley None Krein Mayor Pro Tem Pebley declared Ordinance No. 2250 duly passed and adopted. ORDINANCE NO. 2251: Councilman Chandler offered Ordinance No. 2251 for adoption. Refer to Ordinance Book° AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (65-66-68, 69, 70, 71 and 72 - C-l) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Pebley None Krein Mayor Pro Tem Pebley declared Ordinance No. 2251 duly passed and adopted. ORDINANCE NO. 2253: Councilman Dutton offered Ordinance No. 2253 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (64-65-87 - R-l, Tract No. 5999 only) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Pebley None Krein Mayor Pro Tem ?ebley declared Ordinance No. 2253 duly passed and adopted. ORDINANCE NO. 2254: Councilman Dut±on offered Ordinance No. 2254 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SECTION 7.16.120, SECTION 4.52.090, SECTION i4.32.340, AND SECTION 14.32.350, AND BY AMENDING SECTION la.32.190. (Anaheim Stadium Regulations Parking Restrictions) ORDINANCE NO. 2255: Councilman Schutte offered Ordinance No. 2255 for first reading. 9265 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 23~ 1966~ 1:30 P.M. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32 OF THE ANAHEIM MUNICIPAL CODE BY AMENDING SECTION la.32.180 AND BY ADDING SECTIONS lm.32o084, la.32.153, lm.32.182; lm.32.183 AND 1~o32.184. (Public and private parking lot regulations, restricted parking, area of Anaheim-Fullerton Municipal Court) ALCOHOLIC BEVERAGE LICENSE APPLICATIONS: The following applications were presented by the AssiStant City Manager to the City Council for their information: a. Application submitted by Coburn G. Webb for Person to Person Transfer (droppin9 deceased partner) for the Aces Inn, 309 North Manchester (M-1 zone) b. Application submitted by Ronald Walker for Person to Person and Premises to Premises Transfer of Off-Sale General license for Market Basket Corporation, 263 South Euclid Street (C-1 zone). c. Application submitted by Frederico Hernandez Serrano and Nemecia Amador Serrano for Person to Person Transfer of On-Sale Beer license (dropping partners) for Las Maracas, 120 East Lincoln Avenue (C-2 zone). No Council action was taken on the foregoing applications. RESOLUTION NO~ 66R-142: On the recommendations of the City Engineer, Councilman Dutton offered Resolution No. 66R-la2 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN A~ENDMENT TO THAT CERTAIN CONTRACT FOR GEOLOGICAL ENGINEERING AND CONSULTATION SERVICES ENTERED INTO ON JANUARY 26, i965 BETWEEN THE CITY OF ANAHEIM AND DAMES AND MOORE. (Additional compensation) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Pebley None Krein Yhe Mayor Pro lem declared Resolution No. 66R-la2 duly passed and adopted. ANAHEIM STADIUM LANDSCAPING: Parks Superintendent Richard Kamphefner, submitted for Council review facts and figures pertaining to fountain type ornamental landscaping which could be used in the permanent raised planter fronting the Stadium. Pursuant to action taken by the City Council February 15, 1966, Councilman Pebley reported on visual inspection of the ten-trunk Phoenix Reclinata Palm tree, presently located in Brentwood, offered for sale to the City for $7,500.00. He presented a photograph of the tree and advised * ± ~ha. he viewed the tree accompanied by the Parks and Recreation Director, after which they journeyed to the Long Beach Sports Arena, to view their landscaping which includes an eight trunk slightly smaller Phoenix Recllnata Palm tree~ purchased three years ago for $6,000.00 plus moving costs. Councilman Pebley further advised that in concludinq the field trip, they visited Anaheim Stadium where the planter which wo~ld contain said tree is under construction, and were able to visualize the specimen t~ree and a fountain type ornament which could be obtained for the same amount of money. In h~s opinion, there would be almost no maintenance ~nvolved once the tree is planted, in comparison with a fountain or waterfall landscaping ornament. Councilman Pebley thereupon recommended that purchase of the Phoenix Reclinata Palm tree be authorized. Councilman Schutte expressed opposition to the proposed expenditure for the tree, and suggested that the issue be deferred for consideration by a full City Council. 9266 qi. ty Hall, Anaheim, California - COUNCIL MINUTES - February 23~ 1966~ 1:30 P.M. Councilman PeOley advised that pursuant to his telephone con- versat, ioa last evening, Mayor Krein agreed to his recommendation relative to ~h~ proposed purchase. Councilman Dutton moved that purchase of the ten trunk Phoenix Reclinata Palm tree be authorized in the amount of $7,500.00, including moving and planting, and one year guarantee on the life of the tree, as offered. Councilman Chandler seconded the motion. Roll call vote: AYES: COUNCILMEN: Dutton, Chandler and Pebley NOES: COUNCILMEN: Schutte ABSENT: COUNCII~EN: Krein MOTION CARRIED. LEASE - CITY OWNED PROPERTY~ CONE BRQTHERS CHEVROLET COMPANY: On report and recommendations of the Assistant City Attorney, Councilman Dutton moved that a lease in letter form be authorized on a month to month basis, for Cone Brothers Chevrolet'Company in the amount of $175.00 per month, city owned property located on Parry Avenue, north of Anaheim Boulevard, to be used for storage of automobiles February 21, 1966 to April 22, 1966. Councilman Chandler seconded the motion. MOTION CARRIED. CLAIM AGAINSY IHE CITY: Claim filed by John J. Gallagher on behalf of Kenneth Kovell, for injuries and damages purportedly resulting on a fall on or about November 12, 1965, was denied and referred to the City Attorney and Insurance Carrier, on motion by Councilman Chandler, seconded by Councilman Duttono MOTION CARRIED. RESOLUTION NO. 66R-143: On the recommendations of the City Engineer, Councilman Schutte offered Resolution No. 66R-lm3 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF HI(]4WAYS, WITH REFERENCE TO CONSTRUCTION WORK ON STATE HIGHWAY ROUTE 39 (BEACH BOULEVARD) UNDER ENCROACHMENT PERMIT NO. 765-E-764m96Bd. (North of Orange Avenue) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Pebley None Krein The Mayor Pro Tem declared Resolution No. 66R-1~3 duly passed and adopted. RECESS: Councilman Pebley moved to recess to 7:00 P.M. Councilman Dutton seconded the motion. MOTION CARRIED. (3:30 P.M.) AFTER RECESS: Mayor Pro Tem Pebley called the meeting to order. PRESENT: ABSENT: PRESENT: COUNCILMEN: Dutton, Schutte, Chandler and Pebley. cOUNCILMEN: Krein. ASSISTANT CITY MANAGER: Robert Davis. CITY ATTORNEY: Joseph Geisler. CITY CLERK: Dene M. Williams. DEPUTY CITY ATTORNEY: Alan Watts. ZONING SUPERVISOR: Ronald Thompson. ASSOCIATE PLANNER: Marvin Krieger. PLANNING SUPERVISOR: Ronald Grudzinski. INVOCATION: Reverend Tom Pendell, of the First Methodist Church, gave the Invocation. 9267 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - February 23~ 1966~ 1:30 P,M. FLAG SALUTE: Councilman Schutte let the Assembly in the Pledge of Allegiance to the Flag. COUNTINUED PUBLIC HEARING - AMENDMENT TO TITLE 18 (HOME OCCUPATION): Public hearing on proposed amendment to the Home Occupation Section of the Anaheim Municipal Code, was held November 23, 1965, and continued to this date, the issue being referred back to the City Planning Commission to consider more restrictive provisions. Excerpt from the Minutes of the City Planning Commission Meeting held January 31, 1966, was briefed by Associate Planner Marvin Krieger, recommending an amendment to Resolution No. 1799, Series 1965-66, adopted by the Planning Commission October 18, 1965, to read as follows: "Section !8.08.390 - Home Occupation. "An occupation carried on in the dwelling by the occupant of the dwelling as a secondary use in cnnnection with which there is no display at or upon the premises, no commodi'iy nor service sold at or upon the premises and no person employed. Such home occupation shall not create noise, odor, dust, vibration, fumes or smoke readily discernible at the exterior boundaries of the parcel on whlch situated, nor create any electrical disturbance adversely affecting the operation of any equipment located in any other dwelling unit or on property not owned by the person conducting said home occupation." The Commission further recommended that consideration be given to the possibility of requiring the proposed home occupation applicant to file a variance to permit the more innocuous uses not permitted under the proposed definition, in order that more adequate control can be established for said uses. Mr. Krieger advised that it is the contention of the City Attorney's Office that the foregoing would be the strictest wording which could be enforced. The Mayor Pro Tem asked if anyone wished to address the City Council, for or against the proposed amendment, there being no response, declared the hearing closed. in answer to Councilman Chandler's question, the City Attorney advised that a business license is necessary in order to conduct a home occupation. ORDINANCE NO. 2256: At the conclusion of the discussion that followed, Councilman Chandler offered Ordinance No. 2256 for first reading, amending Title 18, Section 18208.390 - Home Occupations, of the Anaheim Municipal Code, as recommended by the City Planning Commission, subject to the additlon thereto of the following paragraph: "Prior to the issuance of a business license under this section, in all cases the application shall be submitted immediately to the Development Services Department for the purpose of determining whether or not the business is in conformance with the foregoing definition. Anyone not satisfied with the Development Services Department determination has the right of appeal to the City Council." AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.O8, SECTION 18.08.390 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO NOME OCCUPATIONS. PUBLIC HEARING - RECLASSIFICATION NO. 65-66-65: Initiated by the Anaheim Planning Commission for a change of zone from R-A to C-i; property located at the southeast corner of La. Palms Avenue and Sunkist Street, having frontages of approximately 663 feet on La Palms Avenue and approximately 220 feet on Sunkist Street (Portion i - La Palms-Rio Vista Annexation). 7268 City Hall, Anaheim~ California - COUNCIL MINUTES February 23, 1966, 1.'30 P.M. The City Planning Commission pursuant to Resolution No. 1910, Series 1965-66, recommended approval of said reclassification, subject to the following conditions: 1. That the owner of subject property shall deed to the City of Anaheim a strip of land 5'7 feet in width, from the center line of the street, along Sunkist Street, for street widening purposes, including a 25 foot radius corner return. 2. That the owner of subject property shall deed to the City of Anaheim a strip of !and 53 feet in width, from the center line of the street, along La Palma Avenue, for street widening purposes. That street improvement plans shall be prepared and all engineering requirements of the City of Anaheim along Sunkist Street and La Palma Avenue, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be completed as requlred 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. Ihat the owner of subject property shall pay to the City of Anaheim the sum of $2~00 per front foot along Sunkist Street and La Palma Avenue, for street lighting purposes. 5. That the owner of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Sunklst Street and La Palma Avenue, for tree planting purposes. da Ihat trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works, prior to final building inspection. Ihat the owner of subject property shall place of record City of Anaheim Deed Restrictions, approved by the City Attorney, which restrictions shall limit the hours of operation for any commercial uses between the hours of 8:00 a.m. and 9:0O.p.m.i and furthershall limlt the uses to the fc:llo'~in~: Retail bakery shops Barber shops 3. Beauty shops Drug stores 5. Grocery stores 6. Hardware stores 7o Pick-up agencies for laundry, shoe repair, and dry cleaning 8. Self service laundromats 9. Meat markets 10. Variety stores 11. Automobile service stations 8. That any air conditioning facilities proposed shall be properly shielded from view from abutting streets. 9. That Condition Nos. 1, 2, 3, 4, 5 and 7, 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. Zonlng Supervisor Ronald 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 Clty Planning Commission. He advised that R-A, Agricultural zoning was established on subject property in conjunction with the zoning of the various properties included in the La Palma-Rio Vista Annexation. In December, 1964, whlle under the jurisdiction of the County of Orange, subject parcel was approved for C-I, Neighborhood Commercial zoning, which Mr. Thompson explained was a very limited zone, restricted to specific uses and regulations. Ba~d on %he County's approval o£ C-1 zoning, the City Planning Commission was of the opinion that some consideration should be given to the establishment by the City of a comparable zone on subject property. Mayor Pro Tem Pebley asked if the property owner was present. Mr~ Henry Steinbrink, 506 Revere Street, owner of subject property, advlsed that the Unlon Oil Company now owns the corner parcel and plans to establish a service station. He was of the opinion that the proposed limitation of the business hours was a matter of concern to the developers. 9269 City Hall, Anaheim~ California - COUNCIL MINUTES - February 23, 1966~ 1:30 P.M. The Mayor Pro Tem asked if anyone else wished to address the City Council. Mr. Louis Weir, representing Union Oil Company, advised that on October 29, 1965, Building Permit No. 5443 was approved by the County of Orange, for the service station building and two canopies, and is currently on file with the County. It was noted by the City Clerk that the La Palma-Rio Vista Annexation became effective in December of 1965. Mr. Raymond Brown, 2429 East La Palma Avenue, representing a number of property owners in the surrounding area, addressed the Council in opposition to the proposed zoning and use of the property. He noted that although plans submitted for the use variance showed an attractive ranch style facility, the opponents object to any type of service station in the midst of an almost fully developed residential community, and feel the use would establish a precedent for other commercial development in this area, which would devaluate properties and would not be in keeping with the General Plan~ Mr. Brown called attention to the past action taken by the City Planning Commission in January of 1965, recommending that the County of Orange be encouraged Lo disapprove commercial zoning on subject property, and to consider medium density development thereof. -At the time the property was annexed to the City of Anaheim, the Old'Company had filed application for Orange County Use Variance No. 5517, requesting release from several of the C-1 zoning requirements on the property, contending they could not operate under said conditions. The use variance was denied. In conclusion, Mr. Brown quoted findings to the City Planning Commission in recommending approval of subject reclassification, and he expressed the oplnion that the property could be developed for R-1 or for multiple family residential development. Mrs. Jill Murphy, 507 North Sunkist Street, representing five families across the street from subject property, who are most affected by the service station, advised that they would welcome the proposed service station in place of the vacant lot which creates a serious dust and dirt problem to tlheir homes. She noted dificulties experienced in attempting to sell her home, due to the condition of subject property, and advised that they are opposed to multiple family dwellings in the area. Councilman Chandler moved that the public hearing be continued to May 24, 1966, 7:00 P.M., to allow the filing of application for the specific use proposed. Councilman Dutton seconded the motion. MOTION CARRIED. Councilman Chandler requested the record to show that in the best interest of all concerned, if action were being taken on subject reclassification at this time he would vote against the zoning, without seeing plans showing precisely what the proposed use of the property is. PUBLIC HEARING - RECLASSIFICATION NO. 65-66-67 AND CONDITIONAL USE PERMIT NO. '?96: Submitted by Melvin and Donna Scharnweber requesting a change of zone £rom R-A to R-3 and permission'to establish an exlsting planned residential development as a conforming use in the R-3, multiple-family residential zone; property located on the west side of Haster Street, south of Katella Avenue (1861 South Haster Street). The City Planning Commission, pursuant to Resolution No. 1904, Series 1965-66, recommended unconditional approval of said reclassification, and pursuant to Resolution No. 1905, Series 1965-66, granted said con- ditional use permit. Mr. Ronald Thompson noted the location of subject property and the existing uses in zoning i6 the immediate area, and advised that. the existing planned residential development on subject property was approved 9270 gity Hall, Anaheim~ California - COUNCIL MINUTES - February 23~ 1966~ 1:30 P.M. as a motel by Variance No. 1347. Some conditions of said variance were never completed, and when the petitioner applied for a building permit for additional construction on the property, it was the recommendation of the City Attorney that subject applications be filed to establish the proper zoning for the planned residential development. Mayor Pro Tem PebZey asked if anyone wished to address the City Council for or against the subject petitions, there being no response, declared the hearing closed. RESOLUTION NO. 66R-144: Councilman Dutton offered Resolution No. 66R-144 for adoption, authorizing preparation of necessary ordinance changing the zone as requested, as recommended by 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. (65-66-67 - R-3) Roi1 call 'vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Pebley None Krein The Mayor Pro Tem declared Resolution No. 66R-la~ duly passed and adopted. RESOLUTION NO. 66R-145: Councilman Dutton offered Resolution No. 66R-145 for adoption, granting Conditional Use Permit No. 796 as recommended by the City Planning Commission. Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF 'tHE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 796, Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Pebley None Krein The Mayor Pro Tem declared Resolution No. 66R-145 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO, 65-66-78~ VARIANCE NO. 1756 AND GENERAl. PLAN AMENDMENT NO. 71 (TENTATIVE MAP~ TRACT NO. 61~3): Submitted by Orangethorpe Park requesting a change of zone from C-1 and R-A to R-3, and waivers of maximum structure height within 150 feet of an R-A zone and required alley at rear of multiple-family development; property located on the north side of Orangethorpe Avenue, west of Dowling Avenue. The City Planning Commission pursuant to Resolution No. 1906, Series 1'965-66, recommended approval of said reclassification, subject to the following conditions: 1. That a Final Tract Map of subject property be approved by the City Council and recorded in the office of the Orange County Recorder. 2. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Punl:c Works. 3. That the owners of subject property shall pay to the City of Anaheim the sum of $25.00 per dwelling unit, to be u6ed for park and recreation purposes, Pursuant to Resolution No. 190'7, Series 1965-66, the City Planning Commission granted said variance, subject to the following conditions: 9271 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - February 23~ 1966~ 1:30 P.M. 1. That a Final Tract Map of subject property be approved by the City Council and recorded in the office of 'the Orange County Recorder. 2. That this variance is granted subject to the completion of Reclassi- fication No. 65-66-V8. 3. That subject property shall be developed substantially in accordance with plans and specificatiSns on file with the City of Anaheim, marked Exhibit Nos. l, 2, 3, 4, and 5. General Plan Amendment No, ¥1, Exhibit B, was recommended for approval by the Planning Commission, pursuant to Resolution No. 1908, Series 1965-66. Mr. Thompson noted the location of subject property and the existing uses ~nd zoning in the immediate area, summarizing the evidence submitted to and considered by the City Planning Commission, He reported that subject property is a portion of that property approved by Conditional Use Permit Nco 372 for a sports center at one time. The City Clerk read letter from the City of Placentia, dated February 16, 1966, noting their opposition to the development and urging that the City Council direct a staff study of the property and others nearby, for the possible reclassification of commercial and residential zones to industrial zoning. Mro Thompson reported that although the City of Placentia denotes this area as industrial on their General Plan, they have approved a large moblle home park on the north side of Orangethorpe Avenue, west of the Anaheim City limits~ and he called attention to an existing recently completed apartment development on the south side of Orangethorpe Avenue. Mayor Pro lem Pebley asked if the applicants or a representative wished to address the City Council. Mr. Cai Queyrel, of McDaniel Engineering, representing the petitioners, advised that they were in accord with the recommendations of the City Planning Commission. He noted that if development is approved, their financing may require the subdivision as two separate tracts. Mr. Richard Brown~ Bayport Financial Corporation, addressed the Council advising that after considerable research, they acquired subject property for the proposed multiple family development, being of the opinion that industrial development would be inappropriate thereon, taking into consideration the multiple family development to the south, as well as the trailer park 198 feet to the west. He further noted existing single family residential development nearby. Mr. Brown pointed out the Orange County Flood Control District right of way to the south, which he felt created an additional natural barrier by rendering those properties on the south side of Orangethorpe Avenue too small for use as industrial developments. Mr. Thompson noted map of General Plan Amendment No. 71, Exhibit "A" illustrating commercial-recreation from Dowling Avenue on the east to the east boundary of subject property, and low medium density residential from that point to the city limit line west of subject property~ Exhibit "B" illustrating medium density residential for the entire area. The Mayor Pro Iem asked if anyone wished to address the Council in opposition to the proposed development. Mr. Stephen Gallagher, 106 North Claudina Street, SUite 305, Attorney for owners of property immediately to the west of subjec~ property, advised that to allow a waiver of the single story height limitation within 150 feet of R-A property would be inconsistent with actlons taken by the City Council in the past~ that it would create a hardship to his clients in developing their property. In answer to Councilman Dutton's question, Mr. Gallagher stated he did not object to the R-3 zoning, however he noted it would be 9272 gity Hall, Anaheim, California - COUNCIL MINUIES - February 23, 1966~ 1:30 P.M. difficult to develop the adjacent property if they had only a driveway between their property and a two story building. He went to the map of Tract No. 6143, posted on the east wall of the Council Chamber, and asked if the development could be changed so that the drive would be on the east boundary of subject property° Mr. Ranald Fairbairn, Realtor representing the property owner, noted their careful study of the existing developments in the area, and the hardship experienced by some property owners in attempting to reserve any sale of their property for industrial use only. Mr~ Gallagher advised that in his opinion, the proposed development would isolate his clients' property, and he suggested a street be provided along the west boundary, one half of the width to be obtained from each property owner~ Mr. Brown called attention to detailed and concise plans for the proposed development, which they submitted. It would be extremely difficult fo reduce the density proposed any further, as would be necessary if additional land were required for a street. Mr. Queyrel requested that ±he hearing be continued one week to allow further study of the matter, It was his opinion that since the property previously had been zoned C-l, any intention to retain the parcel for industrial use had been relinquished at that time. Council discussion was held, and Councilman Chandler was of the oplnion that the argument in favor of the C-1 zoning previously approved was that certain commercial activities were necessary in all industrial areas to support the recreational and purchasing needs of working people in the area, Councilmen Dutton and Chandler called attention to their position taken when approving R-3 zonlng on the east side of Dowling Avenue, that property in that area was isolated from the industrial properties by definite natural barriers; however, subject property is in the industrial district wlthou~ the isolation factor, therefore they would have to oppose any multiple family residential zoning west of Dowling Avenue. Councilman Schutte moved that public hearing be continued for three weeks. Councilman Pebley seconded the motion. vote: The foregoing motion failed to carry by the following roll call AYES: COUNCILMEN: Schutte and Pebley NOES: COUNCILMEN: Dutton and Chandler ABSENT: COUNCILMEN: Krein Mayor Pro rem Pebley declared the hearing closed. RESOLUTION NO. 66R-146: Councilman Dutton offered Resolution No. 66R-146 for adoption, denying Reclassification No. 65-66-78. Refer to Resolution Book~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD HOT BE G~AHT~D IH A CERTAIN AREA ON 'THE CITY HEREINAFTER DESCRIBED. (65-66-78) Roll call vote: AYES: COUNCILMEN: Dutton, Chandler and Pebley NOES: COUNCILMEN: Schutte ABSENT: COUNCILMEN: Krein The Mayor Pro Tem declared Resolution No. 66R-146 duly passed and adopted. 9273 City Hall, Anaheim, California - COUNCIL MINUTES - February 23~ 1966~ 1:30 P.M. RESOLUTION NO. 66R-147: Councilman Dutton offered Resolution No. 66R-147 for 'adoption, denying Varlance No. 1756. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 1756. Roll call vote: AYES: COUNCILMEN: Dutton, Chandler and Pebley NOES: COUNCILMEN: Schutte ABSENT: COUNCILMEN: Krein The Mayor Pro Tem declared Resolution No. 66R-147 duly passed and adopted~ RESOLUTION NO. 66R-148: Councilman Dutton offered Resolution No. 66R-148 for adoption. Refer to Resolution Book. A RESOLUTION OF IHE CITY COUNCIL OF THE CITY OF ANAHEIM DISAPPROVING AN AMENDMENI TO IHE G~N~RAL PLAN DESIGNATED AS AMENDMENT NO. 71. (65-66-78) Roll call vote: AYES: COUNCILMEN: Dutton, Chandler and Pebley NOES: COUNCILMEN: Schu~te ABSENT: COUNCILMEN: Krein The Mayor Pro Iem declared Resolution No. 66R-148 duly passed and adopted. TENTATIVE MAP, TRACT NO. 6143: Developer, Bayport Financial Corporation; tract located north of Orangethorpe Avenue, south of Crowther Avenue and west of Dowling Street, proposed for 36 R-3 lots (Reclassification No. 65--66-78). I'he City Planning Commission at their meeting held January 17, 19~'4: approved said *entatfve map, subject to the following conditions: Ihat should this subdivision be developed as more than one subdivision, each subdi~'islon thereof shall be submitted in tentative form for approval, 2. That the approval of 'fentative f~ap of ~ract No. 6143 is granted subject to the approval of ~eci. assit:ication No. 65-66-'78 and/or Variance No. 1756. 3. [hat vehic'~_.la~ access rights, except at street and/or alley openings to Orangethorpe Avenue, shall be dedicated to the City of Anahelm. Ihat a predetermined price for Lots A, B, E and F shall be calculated and an agreement for c ~o]cation entered into between the developer and the Ciiy of Anah(im prior to approval of the final tract map. [he cost of Lets A, B, E and F shall include land and a proportionate share ',Df the underground utilities and street improvements. '[hat Lots C and D shall be dedicated to the City of Anaheim in fee. [hat ~n accordance with City Council Policy, a 6-foot masonry wall shalll be cons!rutted on the southerly property line separating Lot ,Nos. 1, 3, 5, and 36 and C'rangethorpe ,Avenue, except that Corner Lot No~ 1 shall, be stepped down to a height of 30 inches in the front '?ard setback. Reasonable 1. andscaping, including irrigation facilities, shall be installed in the encemented portion of the arterial highway par~wa¥ the frill distance .of said wall, plans for said landscaping to be submitted to and s~.bject to the approval of the Superintendent of Parkway Maintenance~ Following installation and acceptance, the City of Anaheim shall assume the responsibility i:or maintenance of said .landscaping. 9274 City Nail, Anaheim, California - COUNCIL MINUTES - ?ebruary 23~ 1966~ 1:30 P.M. That the minimum cul-de-sac opening shall be 64 feet wide, That any air-conditioning facilities shall be properly shielded from view from abutting streets. ,Councilman Chandler moved that Tentative Map, Tract No. 6143, be denied, Councilman Dutton seconded the motion. MOTION CARRIED, DYKE WATER COMPANY FACILITIES - UNC4AIMED REFUNDS: Mr. Alan Watts, Deputy City Attorney, reported that the three other cities purchasing the Dyke Water Company facilities, Westminster, Huntington Beach and Garden Grove have agreed on a method of apportioning amounts of refunds due the cities based on the percentage paid by each city of the total costs of the facilities purchased~ which would be approximately 25 percent to Anaheim, 50 percent to Garden Grove, and 25 percent divided between Westminister and Huntington Beach. Mrs Watts further advised that this method of dividing the un- claimed refunds was the recommendation of the Public Utilities Staff. On motion by Councilman Chandler, seconded by Councilman Schutte, the City Council agreed by stipulation to the recommended method of dividing said refunds. MOTION CARRIED. · ANTI-TRUST SUIT - WATER PIPE MANUFACTURERS: Mr. Watts reported that the State Attorney General has invited the City of Anaheim and approximately 200 other entities to intervene ia the Anti-Trust Suit against certain water pipe manufacturers. He further reported that during the period o£ the alleged conspiracy, Anaheim has purchased approximately $1,200,000.00 worth of water pipe; Anaheim's expense of the litigation would be about $500.00 per year for 3 or 4 years, not including Attorney's fees for the Attorney General's Office° On motion by Councilman Chandler, seconded by Councilman Schutte, the City Attorney's Office was authorized to enter the class suit. MOTION CARRIED. RESOLUTION NO. 66R.--149: Councilman Chandler offered Resolution No. 66R-149 for adoption, Refer to Resolution Book, AU i_~ORiZING THE ATTORNEY GENERAL OF CALIFORNIA TO CONDUCT LEGAL PROCEEDINGS Roil call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNC I LMEN: Dutton, Schutte, Chandler and Pebley None Krein The Mayor Pro Tem deciared Resolution No. 66R-149 duly passed and acopted, EMPLOYMENi - A. ?ATRICK NAGEL: On motion by Councilman Dutton, seconded by Cc'Jt~.c~?~man Schutte, employment of A~ Patrick Nagei, special counsel in conr~ectior._ with current litigation, was confirmed; the fee basis to be app.' ,~ed by ~he C~ty Council at a later date. MOl-ION CARRIED. AD./OURNMENi': Co'~;ncilman DuCton moved to adjourn to February 25, 1966, 2:00 P.M., ard ~:~,ls,c, moved waiver of further notice of said adjournment. Councilman C!,a~::~ie~ seconded the motion. MOTION CARRIED. AE/C. OR[x]ED: 9:40 i~.Mo ~ ~ Clerk