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1962/08/216049 ~..ity Hall~ Anaheim, California - COUNCIL MINUTES - Auqust 14, 1962~ 3:00 P.M, ADJOURNMENT: Councilman Dutton moved to adjourn. Councilman Schutte seconded the motion. MOTION CARRIED. ADJOURNED: 9: 55 P.M. SIGNED:~~-~-~z, ~~ · City Clerk City Hall~ Anaheim~ California - COUNCIL MINUTES - Auqust 21~ 1962~ 3:00 P.M. PRESENT: ABSENT: PRES ENT: The City Council of the City of Anaheim met in regular session. COUNCILMEN: Dutton, Schutte (entered the meeting 3:12 P.M.), Chandler and Coons. COUNCILMAN: Krein. ASSISTANT CITY MANAGER: Robert Davis. ASSISTANT CITY ATTORNEY: Joseph Geisler. CITY CLERK: Dene M. Williams. CITY ENGINEER: James P. Maddox. CITY PLANNING DIRECTOR: Richard A. Reese. ZONING COORDINATOR: Martin Kreidt. Mayor Coons called the meeting to order. MINUTES: Minutes of the City Council meeting held August 7, 1962, were approved, on motion by Councilman Chandler. Councilman Dutton being absent from the afternoon meeting, seconded the motion, approving the portion of the minutes of the evening session. MOTION CARRIED. SIGN APPLICATION - FAMILY BILLIARD CENTER~ 2220 WEST LINCOLN AVENUF: Application and plans submitted by Frank F. Carson, Jr., were reviewed by the City Council, and it was noted that the sign was oversized according to the policy allowing one square foot of sign area for each foot of lot frontage. Councilman Chandler moved the application be granted, limiting the size of the sign to eighty square feet. Councilman Dutton seconded the motion. MOTION CARRIED. Mr. Jack Gray addressed the Council requesting recons~eration due to the fact that this sign will be located at the rear of the rather larqe sign which was erected prior to the change in the Council's ruling! and according to other signs in the area, in his opinion, the sign is not oversized. He further felt the limitation on a square foot basis creates an undue hardship on owners of small lots. Councilman Chandler explained the principle behind the square footage ruling, which has to do with minimum distance insofar as possible between signs, the relationship between the frontage and the area of the sign, and the relationship between the total square footage of a sign and the area of the building. Mr. Gray requested the action be deferred to the next meeting to produce pictures and additional evidence. Further discussion was held; at the conclusion thereof, no further Council action was taken, and the sign permit was granted subject to the limitation of eighty square feet. WESTERN MISSIONARY ARMY: Request for re-submission of application to solicit funds within the City of Anaheim was continued from the meeting of August 7, 1962, and referred to the City Attorney's office for legal opinion. 605O City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 21, 1962, 3:00 P.M, A copy of opinion rendered by Assistant City Attorney John Dawson was furnished each Councilman. Mr. Stuart Faber, Attorney for Western Missionary Army, addressed the Council advising that they were actually making application for a permit that did not apply to them, and perhaps should be denied; however, if the application was denied, requested a ruling by resolution that the charity provision of the Code did not apply to them. He explained the definition of charity activity and religiou~ activity, and stated the introduction in a religious activity of the col- lection of funds does not in itself render the activity non-religious~ and referred to cases where this fact was held (Campbell va. Connecticut and Murdock vs. Pennsylvania). He explained that the object of the Western Missionary Army was to bring religion to the home by word of mouth~ that the collection of funds was for the promulgation of the Christian belief, and no different than the collection taken in a church. He stated that the Western Mission- ary Army in no way conducts a charitable enterprise, that their activity is strictly for religious purposes; further, that the people that spread the gospel receive from Forty to Fifty Dollars per week, which could not be considered a commercial enterprise from that standpoint. Mr. Faber related rulings that have taken place in other juris- dictions where they have been ruled to be exempt from register~nQ under the charity provisions, and wherein other cji'les have granted them permits by merely registering. He further advised that he was unable to find any case in California that has held that the word "charity" is the same as the.word "religion". He reported that their funds are used only for the purchase of bibles and the maintenance of their mission; that the activity was one hundred per cent religious, and did not come under this particular statute. Although they were not required to submit an application, they were willing to do so because they wanted the City to be aware of the times and places they were soliciting, and the names of the individuals doing the soliciting. Mr. Joseph Geisler, Assistant City Attorney, advised that in his opinion, receiving a bible could not be anything but a charitable purpose. Ihat %here is no prohibition, nor would they attempt to, in any way, interfere with the spreading of the gospel by anyone; however soliciting iunds, and passing out free bibles, is charity; in other words, the money is charity, and the gospel is religion. Mr. Faber was of the opinion that their activity was no different than the collection of funds in a church, and noted that the church was not required to have a permit. He further advised that the bible was merely a vehicle for spreading the word of God. Mayor Coons noted that as a protection to the citizens of the City, there is a provision in the Anaheim Municipal Code that not more than ten per cent of the funds solicited can go to the solicitor, and also noted that according to the information submitted, far in excess of that amount is re~ e ived by the solicitor. Mr. Faber stated that technically speaking, only six per cent is used for overhead or administrative ¢osts~ that fifty per cent is used for compensation to the men in the field. Mr. Jerry Walter, Vice-President and General Manager of Western Missionary Army, explained that the people were not paid just for soliciting funds, that they were carrying the gospel 'to the unchurched millions, the people that don't attend church, and the shut-ins; and further explained the activity. Further, if the bibles given come under the charity provi- sion of the ordinance, he noted that eight per cent is spent on the purchase of the bibles, which is below the ten per cent provision. 6 05 ~ ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - Auqust 21~ 1962, 3:00 P.M. Councilman Chandler stated that the only concern of the Council was whether they were engaged in charitable solicitation; that according to the City Attorney's opinion, this is a charitable activity, and would be subject to the provisions of the Code. He further stated that the Council was not trying to control religious activities of any group. Councilman Dutton stated that they were in no way trying to restrain religious activities of any kind; however, the subject application exceeds the ten per cent provision by their own literature and admission, and thereupon moved that the opinion of the City Attorney's office in regard to the Western Missionary Army be sustained. Councilman Schutte seconded the motion. MOTION CARRIED. WESTRIDGE HOMEOWNERS ASSOCIATION - REQUEST: Request of Mr. DeWitte C. Chatterton, Attorney for Westridge Homeowners Association, for permission to take a tape recording of the taped minutes of the City Council meeting held August 7, 1962, was submitted. Mr. DeWitte C. Chatterton referred 'to Council Policy No. 107~ advising that according to his discussion with Mr. Geisler and Mrs. Williams, it was their opinion that it was not the Council's intention to allow the public to make a tape recording of taped minutes, but only to allow a court reporter to make a transcription of it. He explained that a court reporter or a stenogrqpher would take 'two or three days to transcribe what could be recorded in 'the same period of time the action originally took; further, the present Council policy would greatly hamper the City Clerk's activities and her office by the lengthy time required to transcribe in shorthand the taped minutes. In his opinion, the word "transcription" would mean "taped transcription" or "written transcription". Be thereupon requested the Council to interpret their meaning of the word "transcription". Discussion was held by the City Council, Mr. Chatterton, Mr. Geisler and Mrs. Williams, and Mr. Chatterton was advised by the Council that the use of the tape recorder was authorized solely as an assistance to the City Clerk and her staff in the preparation of the minutes, due to the volume of business transacted and the lengthy Council meetings, and to further assure correct recording; that after the minutes are prepared, there is no further purpose for the 'tape. Discussion was also held concerning Attorney General Stanley Mosk's Opinion No. 62-92, June 11, 1962, and the possible problems should a duplication of the tape be permitted outside the City Clerk's office. Councilmen Dutton, Chandler and Coons expressed their disapproval of making a duplicate tape recording of the taped minutes, and explained in their opinion, the word "transcription" meant a written shorthand transcrip- tion. Councilman Schutte felt certain that this was what was intended when the City Council adopted Policy No. 107; however, requested further clarifi- cation from the Attorney General of his Opinion No. 62-92. At the conclusion of the discussion, and at the request of Councilman Chandler, it was determined that no further discussion on this issue would be held, and that decision would be given at the beginning of the Seven O'clock P.M. session. SIGNS- UNITED STATES ARMED FORCES RECRUITING SIGNS: Mr. William H. Ferguson, Chief Petty Officer, United States Navy, appeared before the City Council on behalf of the United States Navy, Marine Corps, Army and Air Force, requesting exemption of the provisions of the Anaheim Municipal Code, Section a. Oa.040, requiring the removal of recruitmant signs from sidewalk areas. (Representatives of the four branches of the armed services were present at the meeting.) 6052 City Hall~ Anaheim~ California - COUNCIL MINUTES - Auqust 21~ 1962~ 3:00 P.M. Discussion was held by the City Council, and it was determined that perhaps the statute was too all-inclusive, and that there were some advertising signs that should be allowed; further, that a study and revision of the statute should be made. Councilman Chandler called attention to the fact that this pro- vision applies only to any firm, person or corporation, and that the Federal Government was neither. Mr. Joseph Geisler called attention to Section 12.16.050, wherein the City Council has the authority to make an exemption from the previous regulation. Because of the fact that these signs are considered necessary for the public safety and welfare of the nation, Councilman Schutte moved that the armed services be granted permission to place recruitmant signs at suitable locations, approved by the Department of Public Works. Councilman Dutton seconded the motion. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 118: Communication received from Mr. Harry Knisely, Attorney, requesting clarification of action taken by the City Council regardin9 setback provisions as they pertain to subject application (Resolution No. 6982) was submitted. Mayor Coons briefed the City Council on the history of this application, advising that the approval of -the original plans provided a waiver of the twenty-foot setback requirement; that revised plans were approved at a later date; however, no specific provision was made to approve the setback as shown on the revised plans. Revised plans were again reviewed by the City Council. RESOLUTION NO. 6.2R-753: Councilman Chandler offered Resolution No. 62R- 753, amending Resolution No. 6982, providing for waiver of the twenty- foot setback requirement. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 6982 GRANTING CONDITIONAL USE PERMIT NO. 118. On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Coons. None. Krein. The Mayor declared Resolution No. 62R-753 duly passed and adopted. RECLASSIFICATION NO. 60-61-38: Request for 180 day extension of time to comply with conditions established by Resolution No. 6481 (northeast corner of Ball Road and Nutwood Street). Mr. Leo O. Webb, Authorized representa't~ve of the applicants, advised that they have an option to purchase a portion of 'the property. and understood that the improvements and dedication is a prerequisite of the zoning; that the owner of the property has agreed to Oedicate and improve that portion of Ball Road and Nutwood Street, providing this transaction is completed. He advised that additional time was needed to consumate the negotiations. Mr. Webb further advised 'that they propose to purchase the portion of the property proposed for R-3 Zoning, and that if the extension of time is granted, a revised plot plan w:ll be submitted for approval at a later date; that the new plot plan will be for the north 380 feet instead of 408 feet as approved by Resolution No. 6a81, in order to allow sufficient depth for proper commerczal development on the frontage. The new development would not include any access from Ball Road. ~-.~053 City Hall~ Anaheim~ California - COUNCIL MINUTES - Auqust 21~ 196~, 3:00 P.M. Mr. Richard Reese, Planning Director, called attention to the proposed street formerly shown on the plans, and the requirement of the Resolution for the filth9 of a tract map. Mr. Webb was advised by the City Council that if conditions of the resolution were to be changed, a new public hearing would be required to be held by the City Planning Commission and the City Council. Councilman Schutte moved that the 180 day extension of time be granted. Councilman Chandler seconded the motion. MOTION CARRIED. RECESS: Councilman Dutton moved to recess to 7:15 P.M, Councilman Schutte seconded the motion. MOTION CARRIED. AFTER RECESS: Mayor Coons called the meeting to order. PRESENT: COUNCILMEN: ABSENT: COUNCILMAN: Dutton, Schutte (entered the meeting, 7:37 P.M.), Chandler and Coons. Krein. FLAG SALUTE: Mayor Coons led the assembly in the Pledge of Allegiance to the Flag. WESTRIDGE HOMEOWNERS ASSOCIATION - REQUEST: (See page number 6051) Councilman Chandler was of the opinion that, inasmuch as the policy of the Council has been stated, that in this particular case, it would be well to permit the transcription according to the terms of Policy i07, and thereupon moved that the Westridge Homeowners Association De permitted to make a shorthandtranm cription of tape in the City Clerk's office by means of a certified shorthand reporter; the applicant to make the arrangements with the shorthand reporter and the City Clerk. Further, the City Clerk is nog -to cer- tify ~o anythin? on the tape; however 'the certified shorthand reporter m~ certify to anything she sees fit to. Councilman Dutton seconded 'the motion. MOTION CARRIED. Councilman Chandler moved to instruct the City Attorney to revise the policy of the Council concernin9 the transcription of Taped Council meetings to conform to the Attorne¥-General:s opinion hereafter, and to draw up a resolution to that effect containing appropriate findings° Councilman Dutton seconded the motion. MOTION CARRIED. PUBLIC HEARING~ RECLASSIFICATION NO. 62-63-8 AND CONDITIONAL USE PERMIT NO. 276: Inasmuch as there appeared to be several people in the audience interested in Reclassification No. 62-63-8 and Conditional Use Permit No. 276~ scheduled for public hearing later on 'the Agenda, Mayor Coons read communi- cation received this evening at 7:05 P.M. from Mr. R. G. Pagter, Attorney representing Mr. and Mrs. F. Beckett and Mrs. Dorothy Rohan, applicants, advising of a previous commitment before the Garden Grove City Council~ and requesting continuance of said public hearings to a time convenient to the City Council. The Mayor asked if the applicants were present. Mrs. Beckett advised that she was not prepared to speak, and verbally also requested a continuance of said public hearth9. A gentleman speaking for the group of residents on Spinnaker Street requested the hearing be held, as there were many interested people in the audience as indicated by the previous show of hands requested by the Mayor. With the consent of the City Council, Mayor Coons announced that the public hearing would be held this evening at the time scheduled on the Agenda, and that they would 'try to contact Mr. Pagter at the Garden Grove City Council and advise him of the hearing. (See Page Number 6060 for public hearing.) 6054 City Hall, Anaheim, California - COUNCIL MINIIfES - Auqust 21, 1962, 3:00 PUBLIC HEARING, CONDITIONAL USE PERMIT NO. 268: Submitted by Carl L. Rau, requesting permission to establish a kennel for dogs and cats, on an irregularly shaped parcel of land located on the north side of Anaheim Road, the southwest corner of said property being approximately 1,450 feet east of the northeast corner of Dowling Avenue and Anaheim Road, and further described as 3233 East Anaheim Road. The City Planning Commission pursuant to their Resolution No. 402, Series 1962-63, denied said conditional use permit. Appeal from action taken by the City Planning Commission was filed by Carl L, Rau, with the notification that Mr. R. E. Van Home would act as his agent before the City Council. Arguments for said conditional use permit application were filed by Mrs. Richard Van Home, 1801 Bellflower Boulevard, Long Beach, California (copies having been furnished each Councilman). Mayor Coons submitted and read telegram received by him this evening from Mr. G. D. Van Home, advising that any reference to Auto- netics' position regarding this matter is not accurately quoted and should be deleted from the letter of presentation submitted to the City Council. Plans and the file were reviewed by the City Council, and the Mayor asked if anyone wished to address the City Council. Mrs. Richard Van Home, 1801 Bellflower Boulevard, Long Beach, California, representing Mr. Rau and Mr. Van Home, who is in New York on business, addressed the Council advising that they were not prepared at the City Planning Commission hearing, as they were of the opinion that as long as the proposed use was within the zoning limitations, that the appli- cation for a use permit was merely a formality. Mrs. Van Home advised that a kennel is a necessary business for this community, as there are 127,000 registered tagged animals in the County of Orange, and only five hundred runs available for boarding purposes, which is very inadequate, as the City of Anaheim has over 20,000 dogs tagged annually; that subject area is properly zoned, as according to the zoning limitations kennels are allowed in both the R-A and M-1 zones, and in this case the non-residential aspects of industrial zoning lends very well 'to the establishment of a kennel, as there would be no nuisance problem, nor a health or safety menace; that due to the rapid growth of the residential areas in the City and County, kennels are being forced to move to M-1 areas, or go out of business. She noted the irregular boundaries of subject property, due to the flood control channel, and felt that because of the 200 foot frontage, for ingress and egress, the property is limited in the type of development. Mrs. Van Home advised that the large older home on the property will be their residence, as they will maintain and operate the kennels, and that the construction of the kennels will be in an attractive manner in the existing orange grove. She submitted a large artist's rendering, in color, of the proposed development, and explained in detail the type of construc- tion and the layout of the kennels, urging favorable consideration by the City Council, as she felt the proposed project would be a definite asset to the community. (Artist~s rendering retained by Mrs. Van Home.) The Mayor asked if anyone else wished to address the Council. Mr. Hank Clausing, 2490 Kellogg, Corona, California, owner of the property immediately west of subject property, addressed the Council being of the opinion that the requested use was incompatible with previous actions and policies of the City Council pertaining to types of development The Mayor asked if anyone else wished to address the Council, there being no response, declared the hearing closed. (Mayor Schutte entered the meeting, 7:37 P.M.) RESOLUTION NO, 62R-754: Councilman Dutton was of the opinion that the proposed use was not in keeping with the existing type of industrial development in the area, and thereupon offered Resolution No. 62R-754 for 6055 C_itv Hall, Anaheim, California - COUNCIL MINUTES - Auqust 21, 1962, 3:00 P.M. adoption, sustaining the action of the City Planning Commission, denying Conditional Use Permit No. 268. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 268. On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Coons. None. Krein. The Mayor declared Resolution No. 62R-754 duly passed and adopted. PUBLIC HEARING, CONDITIONAL USE PERMIT NO, 270: Submitted by Hanover Homes, Inc., requesting permission to establish a hofbrau on property located on the northwest corner of South Street and Manchester Avenue (Santa Aha Freeway) and further described as 1115 South Street. The City Planning Commission pursuant to their Resolution No. 418, Series 1962-63, denied said conditional use permit. Appeal from action taken by the City Planning Commission was filed by the applicant, and public hearing scheduled this date. Mr. Martin Kreidt outlined the location of subject property, and in summarizing the findings of the City Planning Commission resulting in the denial of the conditional use permit, advised that the Commission felt the proposed use would he incompatible with the existing R-1 development within the area. Attention was called to the petition submitted at the City Planning Commission hearing, containin9 twenty-five signatures of neighboring property owners and residents, opposing subject application. Plans and the file were reviewed by the City Council, and the Mayor asked if the applicant wished to address the Council. Mr. Richard Owen, President, Hanover Homes, Inc., presented a plot plan for the entire shopping center, indicating the location of the proposed hofhrau. He was of the opinion that from an economic standpoint, the property is ideally located, as the traffic from Manchester Avenue and from the shopping center exists, and the surrounding residential area is established, which are necessary factors for the successful operation of a neighborhood beer hat. In answer to the Council's question, Mr. Owen advised that the problem resulting from the improper lot split was being resolved with the Engineering Department. Mr. John Prinz, associated with Hanover Homes, Inc., addressed the Council, speaking in opposition to the findings of the City Planning Commission, being of the opinion that the proposed use would not adversely affect the adjoining commercial stores, nor be incompatible with the existing uses, and urged favorable consideration by the City Council of their application as requested. The Mayor asked if anyone else wished to address the Council. Mr. J. O. Brown, 1106 West South Street, residing directly across the street from subject property, addressed the Council in opposi- tion, advising of the number of children in his residential neighborhood, and calling attention to the forseeable police problem and the additional traffic and parking on their residential street. Mrs. Marjorie Reimann, 1126 West South Street, speaking for several mothers in the area, objected to the late hours, the loitering and the drunken drivers which are usually associated with beer bars; and called attention to the fact that the only ingress and egress to the commer- 6056 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 21~ 1962~ 3:00 P.M. cial street is across from their home. Mr. John Prinz presented a petition purportedly containing one hundred seventy-one signatures of residents in the area favoring subject application. Mr. James Conley, 629 Hazelwood, residing behind the proposed bar, advised that every person in the audience objecting to said beer bar lived on Hazelwood, in back of subject property, or directly across on South Street. The Mayor asked if anyone else wished to address the Council, there being no response, declared the hearth9 closed. RESOLUTION NO. 62R-755: Councilman Schutte offered Resolution No. 62R-755 for passage and adoption, upholding the action of the City Planning Commis- sion, and denying Conditional Use Permit No. 270. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 270. On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Coons. None. Krein. The Mayor declared Resolution No. 62R-755 duly passed and adopted. PUBLIC HEARINGS, RECLASSIFICATION NO. 61-62-111 AND CONDITIONAL USE PERMIT NO. 249: RECLASSIFICATION NO. 61-62-111: Submitted by Benjamin Dabulis, requesting a change of zone from R-A to R-3, on property located on the south side of Orange Avenue, the northeast corner of said property being 180 feet west of the southwest corner of Webster and Orange Avenues, and fur%her described as 2504 Orange Avenue. The City Planning Commission pursuant to their Resolution No. 410-A, Series 1962-63, recommended said reclassification be denied. CONDITIONAL USE PERMIT NO 249: Submitted by Banjamin Dabul'is, requesting permission to construct a one-story planned unit development on property described as Reclassification No. 61-62-111. The City Planning Commission pursuant to their Resolution No. 411, Series 1962-63, denied said conditional use permit. Mr. Martin Kreidt outlined the location of subject property and referred to a planning study of the area, previously submitted to the City Council, indicating the existing land use, present zoning and recommended development. He summarized the evidence presented to the City Planning Commission at their hearing, and advised that the hearing was continued twice by the Commission to permit the applicant to submit revised plans; that said revised plans as submitted do not meet the Code requirements for multiple family development. Plans and the file were reviewed by the City Council, and the Mayor asked if the applicant or his agent was present and wished to speak. There was no response. The Mayor asked if anyone else wished to address the Council. Those addressing the Council in opposition were: Mr. Daniel Rutz, 2461 West Grivey Street, and Mr. Clyde Spencer, 2471 West Orange Avenue. They called attention to the existing traffic problems on Orange Avenue and that they desire to have the subject property across 6057 City Hall~ Anaheim, California - COUNCIL MINUTES - Auqust 21, 1962, 3:00 P.M. the street from their homes developed as R-1 Residential. The Mayor asked if anyone else wished to address the Council, there bein9 no response, declared the hearing closed on Reclassification No. 61-62-111 and Conditional Use Permit No. 249. RESOLUTION NO. 62R-756: Councilman Dutton offered Resolution No. 62R-756 for adoption, sustainin9 the action taken by the City Planning Commission and denyin9 Reclassification No. 61-62-111. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. (61-62-111) On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Coons. None. Krein. The Mayor declared Resolution No. 62R-756 duly passed and adopted. RESOLUTION NO. 62R-757: Councilman Dutton offered Resolution No. 62R-757 for adoption, sustaining the action taken by the City Planning Commission and denying Conditional Use Permit No. 249. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 249. On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT~ COUNCILMEN: Dutton, Schutte, Chandler and Coons. None. Krein. The Mayor declared Resolution No. 62R-757 duly passed and adopted. PUBLIC HEARING~ RECLASSIFICATION NO. 61-62-121: Submitted by Mr. and Mrs. John S. ~right, requesting a change of zone from R-A to C-l, property located on the east side of Euclid Street, the northwest corner of said property being 82 feet south of the southeast corner of Cris Avenue and Euclid Street, and further described as 1620 South Euclid Street. The City Planning Commission pursuant to their Resolution No. 421, Series 1962-63, recommended said reclassification be denied. Mr. Martin Kreidt outlined the boundaries of subject property, and briefly summarized the evidence presented to the City Planning Commission. He advised that the basic concern of the Commission was the lack of a plan of development for the entire property~ and specifically noted Findings No. 5 and 6 of the City Planning Commission Resolution No. 421. Plans and the file were reviewed by the City Council. In answer to Mayor Coons~ question, Mr. l~right, applicant, advised that subject application includes his entire Euclid Avenue frontage, with the exception of the Edison Company right-of-way; that as his previous applications for development met with considerable opposition, he was now making separate applications in order that each development could stand on its own merit; that his request for C-1 zoning is to allow the construction of a business and professional medical building on the Euclid Street frontage; 6058 City Hall~ Anaheim, California - COUNCIL MINUTES - Auqust 21~ 1962~ 3:00 P.M. that he had previously felt a type of R-3 or a Mobile Home development for the rear portion of the property would be very desirable as the Edison easement could be utilized as a recreational area; however, those plans met with opposition, and they were withdrawn. He called attention to the heavy flow of traffic on Euclid Street, and noted the existing commercial developments in the immediate area, and referred to other locations in the city where three-story office buildings have developed without materially affecting the adjacent homes. Mr. Wright presented a petition containing sixty-one signatures endorsing his request for C-1 zoning, and use as medical and professional offices, and requested favorable action by the Council on subject application, as in his opinion, the requested application would not be detrimental to 'the public welfare or injurious to the area in which it is located. Mr. Robert Tebault, Engineer, submitted a large artist's render- ing, in color, of the proposed three-story project and explained in detail the construction and architecture, and was of the opinion that said development would be a definite asset to the community. (Artist~s rendering retained by Mr. Tebault.) The Mayor asked if anyone eise wished to address the Council. Communication received at open meeting this date from committee representing two hundred and fifty-seven petitioners, signed by Mrs. Irene Sherman, Mrs. Ben Wallace, Mr. John F. Rothman, W. K. Shortridge, Mr. Bernard Konzel, and Mr. Roy R. Shourd, requesting denial of subject reclassification, was read in full by the City Clerk. / Further discussion was held by the City Council and Mr. Wright regarding the future development of the rear portion of subject property, and Mr. Wright advised that it was not his intent to landlock the back property; that if they were given more time, he felt he could present a plan of development similar to the quality of Mr. Buccola~s R-3 development at the southwest corner of Loara Street and Broadway. Councilman Schutte moved that public hearing on Reclassification No. 61-62-121 be continued to October 16, 1962, to allow Mr. Wright, with the assistance of the Planning Department, to work out a plan of develop- ment for the remaining large parcel of property under his ownership. Further, the planning staff was instructed to determine the ownership of the undeveloped parcels of property adjacent to the Edison easement immediately east of Mr. Wright's property. Councilman Dutton seconded the motion. MOTION CARRIED. Councilman Chandler requested the record to show that he did not participate in the discussion nor action pertaining to Reclassification No. 61-62-121. PUBLIC HEARING~ RECLASSIFICATION NO. 62-63-6: Submitted by Orange County Investors Association, requesting a change of zone from R-A to C-2 on property located on the west side of Harbor Boulevard, the southeast corner of said property being 202 feet north of the northwest corner of Hampshire Avenue and Harbor Boulevard. The City Planning Commission pursuant to their Resolution No. 422, Series 1962-63, recommended said reclassification be denied. Mr. Richard Kuehn,advised that their agent could not be present this evening, and requested the continuance of said public h~aring. Councilman Schutte moved public hearing on Reclassification No. 62-63-6 be continued to August 28, 1962. Councilman Dutton seconded the motion. MOTION CARRIED. RECESS: Councilman Schut%e moved for a ten minute recess. seconded the motion. MOTION CARRIED. (8:55 P.M.) Councilman Dutton AFTER RECESS: Mayor Coons called the meeting to order, all members of the Council being present with the exception of Councilman Krein. 6059 CitY Hall~ Anaheim~ California - COUNCIL MINUTES - Auqus% 21~ 1962~ 3:00 P.M. PUBLIC HEARINGS~ RECLASSIFICATION NO. 62-63-7 AND VARIANCE NO. 151]: RBSLASSIFICATION NO. 62-63-7: Submitted by Albert S. Toussau, Owner, Ralph G. $neegas, Agent, requesting a change of zone from R-A to R-l; property located on the south side of Lizbeth Avenue, coinciding with an extension with the centerline of Marian Street, and further described as 2760-2766 East Lizbeth Avenue. The City Plannin9 Commission pursuant to their Resolution No. a23, Series 1962-63, recommended said reclassification be approved, subject to the followin9 conditions: 1. Installation of driveways on Lizbeth Avenue in accordance with the adopted standard plans on file in the office of the City Engineer. 2. Payment of a Park and Recreation Fee of $25.00 per dwelling unit to be collected as part of the Building Permit. 3. Time limitation of one hundred and eighty (180) days for the accomp- lishment of Item No. 1. 4. Recordation of a record of survey in accordance with Exhibit No. 1 prior to issuance of a Building Permit. 5. Subject to the approval of Variance No. 1511. 6. Construction of a six (6) foot masonry wall along the south boundary of subject property prior to Final Buildin9 Inspection of any con- struction located thereon. 7. Relocation of the existing guest house as requested by the petitioner, provided that the new location be in accordance with all Code require- ments that said house be subject to inspection by the Buildin9 Department prior to issuance of Final Building Inspection on any construction proposed for subject property. 8. Subject to Architectural Control Committee approval on proposed dwelling units prior to issuance of a Building Permit. VARIANCE NO. 1511: Submitted by Albert S. Ioussau, Owner, Ralph G. Sneegas, Agent, requesting permission to waive minimum lot width on property described in Reclassification No. 62-63-7. The City Planning Commission pursuant to their Resolution No. 424, Series 1962-63, granted said variance, subject to the following conditions: 1. Installation of driveways on Lizbeth Avenue in accordance with the adopted standard plans on file in 'the office of the City Engineer. 2. Payment of a Park and Recreation Fee of $25.00 per dwelling unit to be collected as part of the Building Permit. 3. Time limitation of one hundred and eighty (180) days for the accomp- lishment of Item No. 1. Recordation of a record of survey in accordance with Exhibit No. 1 prior to issuance of a Building Permit. 5. Subject to the approval of Reclassification No. 62-63-7. 6. Construction of a six (6) foot masonry wall along the south boundary of subject property prior to Final Building Inspection of any construction located thereon. 7. Relocation of the existing guest house as requested by the petitioner, provided that the new location be in accordance with all Code require- ments, that said house be subject to inspection by the Building Department prior to Final Building Inspection on any construction proposed for subject property. 8. Subject to Architectural Control Committee approval on proposed dwelling units prior to issuance of a Building Permit. Mr. Martin Kreidt outlined the location of subject property and summarized the evidence presented at the City Planninq Commission hearing; that subject property was withheld from an R-1 tract ~eveloped in the County, and that the request is to divide the property for development of two single family residential structures; that the existing house on the property will be relocated and used as an accessory building. Plans and the file were reviewed by 'the City Council and the Mayor asked if the applicant or his agent was present. There was no response. 6060 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 21, 1962, 3:00 P.M. The Mayor asked if anyone wished to address the Council, there being no response, declared the hearin9 closed on Reclassifica~on No. 62-63-7 and Variance No. 1511. RESOLUTION NO. 62R-758: Councilman Dutton offered Resolution No. 62R-758 for adoption, authorizing the preparation of necessary ordinance changing the zone to R-l, as requested, subject to the recommendations of the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (62-63-7 - R-l) On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Coons, None. Krein. The Mayor declared Resolution No. 62R-758 duly passed and adopted, RESOLUTION NO. 62R-759: Councilman Dutton offered Resolution No. 62R-759 for adoption, 9ranting Variance No. 1511, subject to the recommendations of the City Plannin9 Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1511. On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Coons. None. Krein. The Mayor declared Resolution No. 62R-759 duly passed and adopted. PUBLIC HEARINGS, RECLASSIFICATION NO. 62-63-8 AND CONDITIONAL USE PERMIT NO. 276: (Refer to page 6053, August 21, 1962 Minutes) RECLASSIFICATION NO. 62-63-8: Submitted by Mr. and Mrs. R. Boorey, Mr. and Mrs. F. Beckett and Dorothy Rohan, requesting a change of zone from R-A to R-3 on property bounded on the North by Orangewood Avenue, on the East by Lewis Street, and on the South by Simmons Avenue, and further described as 2101-2229 South Lewis Street. The City Planning Commission pursuant to their Resolution No. 425, Series 1962-63, recommended said reclassification be denied. CONDITIONAL USE PERMIT NO. 276: Submitted by Mr. and Mrs. R. Boorey, Mr. and Mrs. F. Beckett and Dorothy Rohan, requesting permission to construct a planned unit development on property described in Reclassification No. 62-63-8. The City Plannin9 Commission pursuant to their Resolution No. a26, Series 1962-63, denied said conditional use permit. Mr. Martin Kreidt outlined the location of subject property and summarized the evidence submitted to the City Planning Commission, and specifically called attention to Findings Nos. 4 and 5 of City Planning Commission Resolution No. 425; that Orangewood Avenue is the projected dividing line between the residential single-family low density developments and the multiple-family higher density development, and basically the opposition was to the encroachment of multiple residential into a single 6061 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 21, 1969, 3:0.0 P.M. family residential area. Plans and the file were reviewed by the City Council. Mr. Ralph G. Pagter, Attorney representing %he applicants, presented a large artist~s rendering in color of the proposed development, which they felt would maintain the high quality of the neighborhood~ that because of the necessary dedication for the widening of Lewis Street and Orangewood Avenue, it would be difficult to economically develop subject property as R-1 residential~ in accordance with the character of the exist- ing homes in the neighborhood. That because of thenear~ss of the Freeway, the trailer park and business property immediately %o the Nort~ and Melrose Abbey immediately to the East, they were of the opinion that subject property could be most advantageously developed for R-3 purposes. (Artist's rendering retained by Mr. Pagter.) The Mayor asked if anyone else wished to address the Council. Mr. Clifford Rothrock, 2161 South Spinnaker, addressed the Council in opposition to subject reclassification, calling attention to %he estab- lished buffer area of medium density to the North of subject property, and was of the opinion that %o allow the requested apartments would set a precedent for future multiple units south of Orangewood. That the surround- ing area is presently overloaded with apartments which overcrowd the schools and parks, and also because of the transient nature of %he tenants and vacancy factor tend to create police problems. He felt that subject property could be developed as R-1 residential, and presented a pe'tition containing approxi- mately two hundred fifty-nine signatures of home owners in the area, residing on the streets surrounding Lewis Street and Spinnaker Street, who are opposed %o the requested reclassification because the multiple use is an encroachment in their R-1 area. Mr. Roy Gaff, 2106 South Spinnaker, addressed the Council in opposition, and presented photographs of apartments showing extremely heavy traffic, parking congestion, and the additional twenty apartment buildings which are presently being constructed in the area north of Orangewood Avenuel and was of the opinion that the additional multiple units can only further the traffic problem that already exists in their area. Mrs. Nancy Schmall, 108 Cliffwood, spoke in opposition to said reclassification, asked what the ultimate widih of Lewis St. would be; and advised that they were of the opinion %hat even with the widening of Lewis St. and Orangewood Avenue, there would remain sufficient property for a nice R-1 development. Mrs. Schmall was advised by the Council that dedication require- ments would be forty-five feet from the monumented centerline of Lewis Street, and Orangewood Avenue; and thirty-two feet from the monumented centerline of Simmons Street. Mr. William Niebela, 2218 Spinnaker, asked to see plans of development for the Boorey property, as any two-story construction would invade on their privacy. The R-3 Ordinance requiring single-story construction within one hundred fifty fee% of the R-1 property was explained in detail by Mayor Coons. Mr. Bob Schuster, 1192 St. John, North Tustin, developer, addressed the Council, further explaining in detail their proposed development as being a very deluxe single-story garden type apartment projec%~ renting for approximately ~150 to $160 a month. In his opinion, development as R-1 would not be of as high a quality as their proposed garden type apartments. Others addressing the Council in opposition to said rezoning and apartment development were: Mr. Charles Koskela, 2208 South Spinnaker - felt they would soon become an island of R-1 if the Orangewood Avenue boundary line for R-3 was not maintained; Mrs. Marjorie Rothrock, 2161 South Spinnaker spoke regarding the high character of their neighborhood, and felt that their permanent residents would soon move if the encroachment of apartments was allowed in their existing residential area~ Miss Miller, 6062 City Hall~ Anaheim~ California - COUNCIL MINUTES - Auqust 21, 1962, 3:00 P.M. 2167 Spinnaker, Student advised she has changed high schools twice because the schools became overcrowded; Mr. R. B. Wright, resident on Bluebell - was of the opinion the applicants did not prove their R-3 development would be an asset to their R-1 area. With the consent of the City Council, Mayor Coons declared public hearings closed on Reclassification No. 62-63-8 and Conditional Use Permit No. 760. RESOLUTION NO. 62R-760: Councilman Schutte offered Resolution No. 62R-760 for adoption, denying Reclassification No. 62-63-8. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. (62-63-8) On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Coons. None. Krein. The Mayor declared Resolution No. 62R-760 duly passed and adopted. RESOLUTION NO. 62R-761: Councilman Schutte offered Resolution No. 62R-761 for adoption, sustaining the action taken by the City Planning Commission, denying Conditional Use Permit No. 276. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 276. On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Coons. None. Krein. PUBLIC HEARING, RECLASSIFICATION NO. 62-63-9: Initiated by the Anaheim Planning Commission requesting a change of zone from M-1 to P-L on property located as follows: PARCEL 1: PARCEL 2: A rectangular parcel of property extending 45 feet to 95 feet north of the extended centerline of Orangewood Avenue between State College Boulevard to a point approximately 1~778 feet easterly thereof. A rectangular parcel of property extending 45 feet to 95 feet south of the ex%ended centerline of Orangewood Avenue between State College Boulevard to a point approximately 1,778 feet easterly thereof. The City Planning Commission pursuant to their Resolution No. 427, Series 1962-63, recommended that Reclassification No. 62-63-9 be approved by the establishment of a P-L Zone along the highway frontages of certain areas described as: Those properties lying on the north and south sides of Orangewood Avenue extending from State College Boulevard to a point approximately 1~778 feet easterly thereof~ and That said P-L Zone to be fifty (50) feet measured from the Planned Highway Right-of-Way line as established by the Circulation Element of the Compre- hensive General Plan. 6063 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 21, 1962, 3:00 P.M. The area described in said City Planning Commission resolution was outlined by Mr. Martin Kreidt. The Mayor asked if anyone wished to address the Council, there being no response, declared the hearing closed. RESOLUTION NO. 62R-762: Councilman Dutton offered Resolution No. 62R-762 for adoption, authorizing preparation of necessary ordinance changin9 the zone from M-1 to P-L on property described in Reclassification Application No. 62-63-9. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (62-63-9 - P-L) On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Coons. None. Krein. The Mayor declared Resolution No. 62R-762 duly passed and adopted, RECLASSIFICATION NO. 59-60-117: Request of Hughes Markets for certain amendments to Resolution No. 6161 in Reclassification proceedings No. 59-60-112 was held over to the next meeting, August 28, 1962, and the Engineering Department requested to prepare report and recommendations concerning said request. DINNER DANCING PLACE PERMIT: Application filed by Adolphe A. Rempp, Rampford, Inc., for Dinner Dancing Place Permit at Kings Row, 109 West Katella Avenue, was submitted and 9ranted, subject to the recommendations of the Chief of Police, on motion by Councilman Chandler, seconded by Councilman Dutton. MOTION CARRIED. PUBLIC DANCE PERMIT: Application filed by Paul Muro on behalf of Comite Central de Festejos Patrios for Public Dance Permit at Carpenters' Hall~ 608 West Vermont Avenue, date of dance September 8, 1962, was submitted and granted, subject to the recommendations of the Chief of Police, on motion by Councilman Chandler~ seconded by Councilman Dutton. MOTION CARRIED. RESOLU/ION NO. 62R-763: On the recommendations of the City Engineer, Councilman Dutton offered Resolution No. 62R-763 for adoption, awarding the State College Boulevard street improvement and Howell Avenue street improvement, 3ob No. 694, to the low bidder, Sully Miller Contracting Company, in the amount of $14,874.65. 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 WATERy AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE STATE COLLEGE BOULEVARD-HOWELL AVENUE STREET IMPROVEMENT, MORE PARTICULARLY HEREINAFTER DESCRIBED, JOB NO. 694. (Sully Miller Contracting Company, $1a,87a.65.) On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Dutton, Schutte, Chandler and Coons. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Krein. The Mayor declared Resolution No. 62R-763 duly passed and adopted. 6064 City Hall, Anaheim~ California - COUNCIL MINUTES - Auqust 21~ 1962, 3:00 RESOLUTION NO. 62R-76a: On the recommendations of the City Engineer, Councilman Dutton offered Resolution No. 62R-76a for adoption, awarding contract for the State College Boulevard street improvement from Orangethorpe Avenue to Cies Street, Job No. 696, to the low bidder, Sully Miller Contracting Company, in the amount of $6,249.75. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE IMPROVEMENT OF STATE COLLEGE BOULEVARD, FROM ORANGETHORPE AVENUE TO CIES STREET, IN THE CITY OF ANAHEIM, JOB NO. 696° (Sully Miller Contracting Company, $6,249.75) On roll call /he foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Coons. None. Krein. The Mayor declared Resolution No. 62R-764 duly passed and adopted. JOB NO. 676 - STORM DRAIN~ STATE COLLEGE BOULEVARD: Request of Stromberg, Inc. for substitution of Sub-Contractor in connection with State College Boule- vard storm drain construction, and also for an extension of time %0 the contract in order %0 compensate for the delay caused by their present Sub-Con%factor, was submitted. On the recommendations of the City Engineer, Councilman Chandler moved that the request of Stromberg, Incorporated, for substitution of Sub-Contractor (employ Pioneer Boring Company in place of Pacific Coast Boring) be authorized; but that the request of Stromberg, Incorporated for an extension of time to said contract be denied. Councilman Dutton seconded the motion. MOTION CARRIED. RESOLUTION NO. 62R-765: Councilman Schutte offered Resolution No. 62R-765 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ASCERTAINING AND DETERMINING THE PREVAILING RATE OF WAGES TO BE PAID FOR EACH CRAFT, OR TYPE OF WORKMAN, OR MECHANIC NEEDED FOR PUBLIC WORKS CONTRACT, FOR THE FURNISHING OF ALL MATERIALS, PLANT, LABOR AND SERVICES FOR THE CONSTRUCTION OF RESERVOIRS INCLUDING INSTALLATION OF WATER PIPES, VALVES, FITTINGS, ETC. On roi1 call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Coons. None. Krein. The Mayor declared Resolution No. 62R-765 duly passed and adopted. RESOLUTION NO, 62R-766: Councilman Schutte offered Resolution No. 6~R-766 for adoption. Refer ko Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: CONSTRUCTION OF THE LINDA VISTA RESERVOIR BOOSTER PUMP STATION AND ROOF FOR EXISTING RESERVOIR, LOCATED APPROXIMATELY 500 FEET NORTH OF ANAHEIM ROAD ON LINDA VISTA AVENUE, WORK ORDER NO. 4073; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECI- FICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF 6065 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 21, 1962, 3:00 SAID PUBLIC IMPROVEMEN/ 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 September 13, 1962, 2:00 P.M.) On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Coons. None. Krein. The Mayor declared Resolution No. 62R-766 duly passed and adopted. RESOLUTION NO. 62R-767: Councilman Schutte offered Resolution No. 62R-767 for adoption. Refer %0 Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: A STEEL RESERVOIR TANK, NEAR THE OLIVE HILLS RESERVOIR, IN THE CITY OF ANAHEIM, WORK ORDER NO. 4083; 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 %0 be opened September 13, 1962, 2:00 P.M.) On roll call the foregoing resolution was duly passed and adopted by %he following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Coons. None. Krein. The Mayor declared Resolution No. 62R-767 duly passed and adopted. RESOLUTION NO. 62R-768: Councilman Dutton offered Resolution No. 62R-768 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ASCERTAINING AND DETERMINING THE PREVAILING RATE OF WAGES TO BE PAID FOR EACH CRAFT, OR TYPE OF WORKMAN OR MECHANIC NEEDED FOR PUBLIC WORKS CONTRACTS FOR THE FURNISHING OF ALL MATERIALS, PLANT, LABOR AND SERVICES FOR THE CONSTRUCTION AND COMPLE- TION OF AN EQUIPMENT SHELTER BUILDING IN THE CITY MAINTENANCE YARD AT CRESCENT AVENUE AND BROOKHURST STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 713. On roi1 call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Coons. None. Krein. The Mayor declared Resolution No. 62R-768 duly passed and adopted. RESOLUTION NO. 62R-7~9: Councilman Dutton offered Resolution No. 62R-769 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIR£ THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: AN EQUIPMENT SHELTER BUILDING IN THE CITY MAINTENANCE YARD AT CRESCENT AVENUE AND BROOKHURST STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 713; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; 6066 Q.i.ty Hall, Anaheim, California - COUNCIL MINUTES - Auqust 21, 1962, 3:00 P.M. 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 September 13, 1962, 2:00 P.M.) On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Coons. None. Krein. The Mayor declared Resolution No. 62R-769 duly passed and adopted. RESOLUTION NO, 62R-770: Councilman Chandler offered Resolution No. 62R-770 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF ORANGEWOOD AVENUE, FROM STATE COLLEGE BOULEVARD TO APPROXIMATELY 1355 FEET EAST OF STATE COLLEGE BOULEVARD, IN THE CITY OF ANAHEIM, JOB NO. 695; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUC- TION 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 September 13, 1962, 2:00 P.M.) On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schu%te, Chandler and Coons. None. Krein. The Mayor declared Resolution No. 62R-770 duly passed and adopted. YORBA ANNEXATION - ORANGE COUNTY BOUNDARY CO~MISSION REPORT: Orange County Boundary Commission Report dated August 13, 1962, finding that the boundaries of the proposed Yorba Annexation are no% definite and certain as to Section 35002 of the Government Code, was submitted and ordered received and filed, on motion by Councilman Chandler, seconded by Councilman Dutton. MOTION CARRIED. DEEDS OF EASEMENT: Councilman Schutte offered Resolutions Nos. 62R-771, 62R-772, 62R-773 and 62R-774 for adoption. Refer to Resolution Book. RESOLUTION NO. 62R-771: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR EASEMENTS FOR ROAD AND PUBLIC UTILITY PURPOSES. (Raymond C. Troutman, et ux) RESOLUTION NO. 62R-772: 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. (Noel F. Hatch, et ux.) RESOLUTION NO. 62R-773: 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 PUBLIC UTILITY PURPOSES. (Ernest Norman Moldenhauer, et ux.) RESOLUTION NO. 62R-774: 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. (Anaheim Schooi District of Orange County) ¥067 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 21, 1962, 3:00 P.M. On roll call the foregoing resolutions were duly passed and adopted by the followin9 vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Coons. None. Krein. The Mayor declared Resolutions Nos. 62R-771, 62R-772, 62R-773 and 62R-774 duly passed and adopted. CORRESPONDENCE: The following correspondence was ordered received and filed, on motion by Councilman Chandler, seconded by Councilman Schutte. MOTION CARRIED. a. Texaco, Inc. - Franchise statement, period July 1, 1961, to June 30, 1962. b. Orange County Sanitation Districts - Resolution 62-105 relating to Treatment Plant Expansion and Water Reclamation. c. Paul Winters, Fullerton, California, dated August 9, 1962. d. Before the Public Utilities Commission - Investigation for the purpose of establishing a list for the year 1963 of railroad grade crossings of city streets or county roads. PURCHASE OF E~UIPMENT: The City Manager reported on quotations received, as follows, for blueprint machine for the Engineering Department, and recom- mended the purchase of the Ozalid Printmaster 810, in the amount of $4,774.10, which price includes tax and trade-in: Engineer%hq Products Company, Brunin9 Model RF-80-42, with trade-in (including tax) $5,637.37 Ozalid Company, Ozalid Printmaster 810, with trade-in 4,774.10 (including tax) On the recommendations of the City Manager, purchase of the Ozalid Printmaster was authorized from Ozalid Company in the amount of $a,774.10, on motion by Councilman Schutte, seconded by Councilman Dutton. MOTION CARRIED. CITY PLANNING COND4ISSION ITEMS: Actions taken by the City Planning Commission at their meeting held August 6, 1962, pertaining to the following applica- tions, were submitted for Council information and consideration: CONDITIONAL USE PERMIT NO. 271 - Submitted by Emanuel Candell, requesting permission to add %railer spaces in existing trailer park on property located at 1009 South Harbor Boulevard. The City Planning Commission pursuant to their Resolution No. 432, Series 1962-63, granted said Conditional Use Permit, subject to conditions. CONDITIONAL USE PERMIT NO. 27S - Submitted by Doyle and Shields Realty Company, requesting permission to establish children's dance instruction in connection with music store, on property located at 924 South Euclid Street. The City Planning Commission pursuant to their Resolution No. 437, Series 1962-63, granted said Conditional Use Permit, subject %o con- ditions. VARIANCE NO. 1514 - Submitted by J. Niels and Dorothy D. Boege, requesting permission to waive lot width and side yard requirements on property located at 1428 Wms%mont Drive. The City Planning Commission pursuant to their Resolution No. a36~ Series 1962-63~ granted said Variance subject to conditions. The foregoing actions were reviewed by the City Council and no further action taken on the above numbered variance and conditional use permit applications. CONDITIONAL USE PERMIT NO. 274: Submitted by Ardmore Development Company, requesting permission to construct a planned unit development on Property located at the stub end of Gramercy Avenue, east of Chippewa Street. The City Planning Commission pursuant to their Resolution No. 433, Series 6O68 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 21, 1962, 3:00 P.M. 1962-63, granted said conditional use permit, subject to conditions, Plans and the file were reviewed by the City Council and Councilman Chandler requested review of said application to be held in conjunction with the public hearing on the abandonment proceedings of a portion of Gramercy Street~ CONDITIONAL USE PERMIT NO. 282: Submitted by Jay Lear, Inc., W.V.B. Corporation and Joseph L. Moore Company, requesting permission to waive parking requirement and establish walk-up restaurant on property located on the east side of State College Boulevard between Sycamore Street and La Palms Avenue. The City Planning Commission pursuant to their Resolu- tion No. 438, Series 196~-63, granted said conditional use permit, subject to conditions. Review of action taken by the City Planning Commission was requested by Councilman Chandler, and the City Clerk directed to schedule Conditional Use Permit No. 282 for public hearing before the City Council. TENTATIVE MAP - TRACT NO. 4801: Subdivider, E. B. Akins Company, Engineer, McDaniel Engineering Company, tract located on the south side of Broadway, 40 feet west of Empire Street, and contains eight, R-1 residential lots. The City Ptannin9 Commission at their meeting of August 6, 1962, approved said tentative map, subject to 'the following condition: Requirement that should this subdivision be developed as more than one subdivision, each subdivision 'thereof shall be submitted in tentative form for approval. Councilman Dutton moved thai 'Tentative Map, 'Tract No, 4801, be approved, subject to the recommendations of the City Planning Commission. Councilman Schutte seconded the motion. MOTION CARRIED. ORDINANCE NO. 1708: Councilman Chandler offered Ordinance No. 1708 for final reading. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (60-61-66 - C-l, Southwest corner Dale Avenue, Ball Road) After hearing read in full the title of Ordinance No. 1708 and having knowledge of the contents therein, Councilman ChandIer moved the reading in full of said ordinance be waived. Councilman Schutte seconded the motion. MOTION UNANIMOUSLY CARRIED. On roll call the foregoin9 ordinance was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Coons. None. Krein. Mayor Coons declared Ordinance No. 1708 duly passed and adopted. ORDINANCE NO. 1743: Councilman Dutton offered Ordinance No. 1743 for final reading. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM APPROPRIATING FUNDS FOR PROMOTION AND ADVERTISING OF THE CITY OF ANAHEIM, After hearing read in full the title of Ordinance No. 1743 and having knowledge of the contents therein, Councilman Chandler moved the reading in full of said ordinance be waived. Councilman Schu%te seconded the motion. MOTION UNANIMOUSLY CARRIED. On roll call the foregoin9 ordinance was duly passed and adopted by the following vote: {5069 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 21, 1962, 3:00 P.M. AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Coons. None. Krein. Mayor Coons declared Ordinance No. 1743 duly passed and adopted. ORDINANCE NO. 1744: Councilman Schutte offered Ordinance No. 1744 for final reading. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (61-62-39 - C-3, southeast corner, La Palma Avenue and Harbor Boulevard.) After hearing read in full the title of Ordinance No. 1744 and having knowledge of the contents therein, Councilman Chandler moved the reading in full of said ordinance be waived. Councilman Schutte seconded the motion. MOTION UNANIMOUSLY CARRIED. On roll call the foregoing ordinance was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Coons. None. Krein. Mayor Coons declared Ordinance No. 1743 duly passed and adopted ORDINANCE NO. 1745: Councilman Dutton offered Ordinance No. 1745 for final reading. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.52 - "M-i~' LIGHT MANUFACTURING ZONE, OF THE ANAHEIM MUNICIPAL CODE. After hearing read in full the title of Ordinance No. 1745 and having knowledge of the contents therein, Councilman Chandler moved the reading in full of said ordinance be waived. Councilman Schutte seconded the motion. MOTION UNANIMOUSLY CARRIED. On roll call the foregoing ordinance was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, $chutte, Chandler and Coons. None. Krein. Mayor Coons declared Ordinance No. 1745 duly passed and adopted. FEE SCHEDULE - USE OF CITY PARK FACILITIES: Copy of fee schedule for use of City park facilities, as recommended by the Parks and Recreation Department, Lloyd 3. Trapp, Superintendent of Recreation, was submitted to each Councilman. Councilman Coons moved that said fee schedule be accepted, as presen+u~d~and the City Attorney's office be instructed to prepare necessary resolution amending the present fee schedule to conform thereto. Councilman Dutton seconded the motion. MOTION CARRIED. WAIVER OF LAST SEASON'S CHARGES - POP WARNER FOOTBALL ASSOCIATION: Councilman Chandler moved that the outstanding bill in the amount of $354.53, repre- senting prior charges for use of City park facilities by the Pop Warner Football Association, be waived. Councilman Schutte seconded the motion. MOTION CARRIED. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS: The following alcoholic beverage license applications were reported by the Assistant City Manager: 6070 City Hall~ Anaheim~ California - COUNCIL MINUTES - Auqust 21~ 1962~ 3:00 P.M. (a) Application filed by Arvey J. Marks and Harold S. Marks for new On-Sale Beer license for un-named business, to be located at 1111 East Balsam Street (M-1 Zone - C6nditional Use Permit No. 259, granted July 24, 1962). (b) Application filed by Thomas White and Eleanor Adele Thurber, for person to person transfer of Off-Sale Beer and Wine license for the Freeway Park Market, located at 1021 North Moraga Street (R-1 area - grocery store use existed prior to annexation to the City of Anaheim). (c) Application filed by Barbara Joan Searles for person to person transfer - On-Sale Beer license for "The Rocket Room", at 405 South Brookhurst Street. No action was taken by the City Council on the foregoing applications. ALCOHOLIC BEVERAGE APPLICATION - Application filed by Frank Francis Carson, Jr., for new On-Sale Beer license for the Lin-Brook Family Billard Center, 2220 West Lincoln Avenue, was submitted, and the Assis- tant City Manager reported that the applicant has made proper application, Conditional Use Permit No. 298, to be h~ard before the City Planning Com- mission on September 5, 1962. Councilman Dutton moved 'that the City Attorney's office be authorized to file a protest with the Alcoholic Beverage Control Board on the basis that subject property is presently in a C-1 Zone, and further authorizing the withdrawal of said protest if said Conditional Use Permit is approved and finalized° Councilman $chu~te seconded the motion° MOTION CARRIED, ALCOHOLIC BEVERAGE APPLICAIION - Assistant City Manager reported on application for new retail On-Sale Beer license filed by Gerald A. Awes, President, for Lucky Stores, Inc., located at 2300 West Lincoln Avenue (Gemco property), and advised that subject property is presently located in an R-A Zone, and 'the commercial ase thereon existed prior to annexation to the City of Anaheim. RESOLUTION NO. 62R-775: Councilman Chandler offered Resolution No. 62R-775, initiating a rezoning action from R-A to C-2, on the property located at 2300 West Lincoln Avenue (Gemco property). Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM INITIATING AND PROPOSING THE ADDITION OF AN AMENDMENT TO TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING, BY CHANGING THE BOUNDARIES OF CERTAIN OF THE ZONES THEREBY ESTABLISHED SO AS ~[0 EXCLUDE THE PROPERTY HEREINAFTER DESCRIBED FROM 'THE R-A ZONE AND SO AS TO INCORPORATE IT IN THE C-2 ZONE, AND REFERRING THIS PROPOSAL TO THE PLANNING COMMISSION OF THE CITY OF ANAHEIM FOR A REPORT. On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Schutte, Chandler and Coons. None. Krein. The Mayor declared Resolution No. 62R-775 duly passed and adopted. Further, that if upon contacting the owner of the property located at 2300 ~est Lincoln Avenue, he objects to said C-2 Zoning, the City Attorney's office was authorized by the City Council to file a protest with the Alcoholic Beverage Control Board with reference to the new retail On-Sale Beer license application, on 'the basis of improper zoning, and the applicant be advised that proper application allowing On- Sale Beer should be filed with the City Planning Commission. ,071 City Hall, Anaheim~ California - COUNCIL MINUTES - Auqust 21, 1962, 3:00 P.M. ADJOURNMENT: Councilman Dutton moved to adjourn. Councilman Schutte seconded the motion. MOTION CARRIED. ADJOURNED: 10:45 P.M. SIGNED: City Clerk City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 28, 1962, 3:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Chandler, Schutte, Krein and Coons. COUNCILMEN: Dutton. CITY MANAGER: Keith A. Murdoch. ASSISTANT CITY ATTORNEY: Joseph Geisler. DEPUTY CITY CLERK: Aloha M. Fattens. DIRECTOR OF PUBLIC WORKS: Thornton E. Piersall. CITY ENGINEER: 3ames P. Maddox. PLANNING DIRECTOR: Richard A. Reese. ZONING COORDINATOR: Martin Kreidt. Mayor Coons called 'the meeting to order. MINUTES: Minutes of the Anaheim City Council meeting held August 14, 1962, ~)'I~L'F Councilman as corrected,schU%te.MOTiONwere approved CARRIED. on motion by Councilman Chandler, seconded by RESOLUTION NO, 62R-776: Councilman Krein offered Resolution No. 62R-776 for passage and adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND DIR- ECTING THE PAYMENT OF DEMANDS AGAINST THE CITY AS OF AUGUST 28, 1962. (Warrants Nos. 19842 to 20093, both inclusive, totaling $~30,875.45.) On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Chandler, Schutte, Krein and Coons. None. Dutton. The Mayor declared Resolution No. 62R-776 duly passed and adopted. ENTERTAINMENT PERMIT - PLA-NOR: Application for Entertainment Permit filed by Peter Petropoulus for piano bar at the Pla-Mot, 156 South Los Angeles Street, was submitted and granted for a period of one year, subject to the recommen- dations of the Chief of Police, on motion by Councilman Chandler, seconded by Councilman Schutte. MOTION CARRIED. ENIERIAINMENT PERMII - STABLES: Application for Entertainment Permit submitted by Jimmy W. Ownbey and Richard M. Jepsen for piano bar at the Stables was granted for a period of one year, subject to the r~commendation$ of the Chief of Police, on motion by Councilman Chandler, seconded by Councilman Schutte. MOTION CARRIED. ENTERTAINMENT PERMIT - ODYSSEY RESTAURANT: Application for Entertainment Permit filed by Call, Incorporated, for piano bar at the Odyssey Restaurant was submitted and granted for a period of one year, subject to the recommenda- tions of the Chief of Police, on motion by Councilman Chandler, seconded by Councilman Schutte. MOTION CARRIED.