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1965/01/198363 City Hall~ Asa.heim~..Oaliforn. ia - OOUNCIL MINUTES - .January 12, .195.51 ls30 P.Mo Roll call vote~ adopted. AYES~ COUNCILMEN s NOESs COUNCILMEN s · ABSENTs GOUNCIL~EN~ Peble¥, Krein and Schutte None D~%ten and Chandle~ The Mayor Pro Tem declared Resolution No. 65R-31 duly passed and AD3OURN~EN~~ Councilman Krein moved to adjourn. Councilman Pebley seconded the motion. MOTION CARRIED- AD3OURNEDs 8~37 P.M. City Clerk Cit.¥ Halll Anaheim,. California - COUNCIL MINUTES~- January 19~ 1965~ .1~30 PoM. The City Council of the City· of Anaheim met in regular session. PRESENT: GOUNCIL~F_N~ Pebley, Dutton, Schutte, Krein and Chandler. ABSENT, GOUNCILMEN~ None. PRESENT:, CI/Y MAMAC~R~ Keith, A. Murdoch. CITY AT/DRNEY~ 3oseph Geisler. CITY CLERK~ Done M~,Wittiams. CITY ENGINEERs 3ames. P. Maddox. MONING COORDINA/OR~ Robert MickelSon. DIRECIOR OF PUBLIC UTILITIES~ Gordon. W. Hoyt ~ FINANCE DIRECTORs Douglas Ogden. Mayor Chandler called the meeting to order. MiN~T~S~ On motion by Councilman Dutton, seconded by Councilman Schutte, Minutes of'the Anaheim City Council Meeting held December 29, 1964, were approved. MO!ION CARRIED. PUBLIC HEA~ING - HOUSE MOVING PERMIT~ Application submitted by E. B. Kahn requesting permission to move a dwelling from 5104 West Lincoln Avenue, Cypress, California, to 3301 West Thornton Avenue, Anaheim, was reviewed by the City Council together with reports from the Building Department. The Mayor asked if anyone wished to address the City Council in opposition to said application, there being no response, declared the public hearing closed. ~SOL~TION NO. 65R-32~ Councilman Schutte offered Resolution No. 65R-32 for adoption, granting housemoving permit. Refer to Resolution Book. A RESOLUTION OF THE CI/Y COUNCIL OF THE CITY OF ANAHEIM GRANTING A HOUSE .~OVING PERMIT TO E. B. KAHN TO NOVE A DWELLING FROM 5104 WEST LINCOLN AVENUE, CYPRESS, TO 3301 WEST THORNTON AVENUE, ANAHEIM, CALIFORNIA. Roll call vote: AYES: COUNCILMEN ~ NOES: COU NCIL~EN ~ ABSENT: COUNCILMEN, Pebley, Dutton, Schutte, Kr~in and Chandler None None The Mayor declared Resolution No. 65R-32 duly passed and adopted. 8364 City Hat1, Aneheimi California .--.COUNCI. L. MINUTES -iJanuar¥-lgt, 1965~ _1=30 PoM. SIDBNALK,WA-IVER - 330t WEST THORNTON AVENUE= Request of E. B. Kahn for waiver of'sid~wal'ks at 3301 west Thornton AvenUe, was submitted together with report~ _from: the: Cit¥- Engi, neer ~ On the recommendations of the City Engineer, Councilman Pebley moved temporary waiver of sidewalks be~granted, subject to no permanent planking, or permanent type improvements to be permitted within the area reserved for future sidewalk. Councilman Dutton seconded the motion. MOTION CARRIED. RECLASSIFICATION NO. 163-64-113 - EXTENSION OF, T~ME: Reques~ of Harry Knisely, dated December 28, 1964, for two year extension of time to Reclassification No. 63-64-113, was submitted, for compliance with certain conditions pursuant to Resolution No. 64R-~96. Also submitted and reviewed were repo.rts, from the Planning. Department and. City Engineer, The .City Attorney reported that under provisions of the Anaheim Municipal Code~ a m~ximum extension of 180 days would be allowable on subject reclassification. On motion by Councilman Krein, seconded by Councilman Schutte, six months extension of time was. granted to Reclassification No. 63-64-113. MOTION CARRIED° RECLASSIFICATION NO. 63-64-120 AND CONDITIONAL USE PERMIT NO. 571 - EXTENSION OF TfME~ Re,est of Harry Knisely dated December 28, 1964, for 180 day extension of time to Reclassification No. 63-64-120 and Conditional Use Permi~ No. 571, for compliance with certain conditions pursuant tO Resoldtion No... 64R-469, was submitted and reviewed by the City Council together width reports from the Planning Department'andCity:Engiheer;~ On motion by Councilman Krein, seconded by Councilman Schutte, 180 day extension of time was granted, as requested. MOTION CARRIED. RECLASSIFICATION NO. 61-62-110 AND CQNDITIONAL USE PERMIT NO. 248 - EXTENSION OF TIME, Request of Lawrence Hayman, of Linbrook Hardware, dated Decemb~er 22, 1964, for extension of time to improvement bon~posted in compliance with Resolution No. 62R-618 in Reclassification No. 61~62-110, and Permission to delay fence~construction along the southerly boundary Of Parcel 3~ was sub- mitted and reviewed together, with reports from the Planning Department and City Engineer° On motion by COuncilman Krein, seconded by Councilman Schutte, one year extension of time to ~ubject bonds.waS granted, MOTION CARRIED. RESOLUTION NO. 65R-33 - 30B NO.. 1303~ Upon receipt of certification froim the Director of Public Works, Councilman Dutton offered ResolutiOn No. ~65R-33 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF /HE CITY-OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FJRNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORIATION INCLUDING POWER;! FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY IO CONSTRUCT AND COMPLETE THE ~OLLOWING PUBLIC IMPROVEMENT, IO WIT: THE DOUGLAS STREET SEWER IMPROVEMENT, FROM APPROXIMATELY 600 FEET NORTH OF KATELLA AVENUE IO APPROXIMATELY 1050 FEET NORTH OF KATELLA AVE~JE, IN IHE CITY OF ANAHEIM, 30B NO. 1303. (Orange Coast Pipeline Construction Co.) Roll Call vote AYES: COUNCIL~EN~ NOES: COUNCILMEN~ ABSENT: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler None ~ None The Mayor declared Resolution No. 65R-33 duly passed and adopted. 8365 C~.ty iHall..ll An~heim~ California - COUNCIL MINUTES - Janua...ry ..19, .t965t ls30 P.M. CHANGE ~ ORDER' ",NO . 1 -SOB N0. 899, On the-Z~Comme~dations. _o.f the,City Engineer, Councilman Dutton mowed that Change Order-No. 1, in-the emeunt of. $7~8.~3 (5.90 percent increase), consisting 'of additional ,materials for the-City Parkway Maintenance Yard Equipment Building, 1426 East Vermont Street, 3ob No. 899, be approved. Councilman Pebley seconded the motion. NOTION CARRIED o RESOLUTION N0. 65R-34 - PUBLIC WORKS CONTRACTS WAGE SCALE: Councilman Krein offered Resolution No. 65R-34, for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ASCERTAINING AND DETERMINING THE PREVAILING RATE OF WAGES TO BE PAID FOR EACH CRAFT, OR TYPE OF WORKMAN, OR MECHANIC NEEDED FOR PUBLIC WORKS CONTRACTS~ IN THE CITY OF ANAHEIM° Roi1 call vote: AYESs COUNCILMEN: NOESs COUNCILMEN s ABSENTs COUNCILMEN s Pebley, Dutton, Schutte, Krein and Chandler None None The Mayor declared Resolution No. 65R-34 duly passed and adopted. D~ED$~ iOF EAS~ENT: Councilman Krein offered Resolutions Nos. 65R-35 and 65R-36 ~Or adoption. Refer to Resolution Book. ~ESOLUTION NO° 65R-35.. 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 EASF~ENT FOR PUBLIC UTILITY ELECTRIC POWER LINES AND CROSS-AR~ OVERHANG PURPOSES. (First Christian Church df Anaheim) RESOLUTION NO. 65R-36: A RESOLUTION OF THE CITY OOUNCIL OF THE CITY OF ANAHEIM 'ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR EASF~ENTS FOR ELECTRIC POWER POLES AND LINES AND DRAINAGE AND PUBLIC UTILITY PURPOSES.~'(Sage Development Co., Inc.) Roll call vote: AYES: COUNCILMEN s NOES: COUNCILMEN: ABSENT: COUNCILMEN.- Pebley, Dutton, Schutte, Krein and Chandler None None The Mayor declared Resolutions~Nos. 65R-35 and 65R-36 duly passed and a~opted. RHSOLUTION NO. 65R-37: On report and recommendation of the City Attorney~ Counctl~n Dutton offered Resolution No. 65R-37 for adoption. Refer to Resolution Book. ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE NECESSITY FOR, AND DIRECTING THE ACQUISITION, BY E~INENT DOMAIN, OF REAL PROPERIY FOR EASEMENTS FOR STOR~ DRAIN AND T~PORARY CONSTRUCTION PURPOSES. West side Beach Boulevard, north of Ball Roa~ Coastal Gardens, Inc.) Roi1 call votes AYES: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 65R-37 duly passed and adopted. 8366 City Hatl~ A,m.heimt California - COUNCIL MINUTES - Janus. fy ',19~ 1965! l:3Q P.M. RESOLUI~ON NO. 65R-38: On the recommendation of the City Attorney, Councilman Krein offered Resotution~No~ 65R-38 for adoption. Refer to ResolUtion Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE NEcEsSITY FOR, AND DIRECTING THE ACQUISITION BY EMINENT DOMAIN OF, REAL PROPERTY FOR PARK AND RECREATION PURPOSES. (Park site, north side Santa Aha Canyon Road, Bradley--Be%tin-Kuchel) Roll call vote: AYES: COUNCILMEN ~ NOES: COUNC IL~EN: ABSENT: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler None None The Mayor declared Resolution No. 65R-38 duly passed and adopted. CANCELLATION OF COUNTY TAXES: On motion by Councilman Pebley, seconded by Councilman Schutte, the Orange County Board of. Supervisors was requested to cancel County taxes on property acquired by the City of Anaheim. for stadium purposes, pursuant to Resolution No. 64R-915, formerly assessed to 3aroma Co and Mina T. DeHetre, deed recorded 3anuary 7, 1965 as Document No. 3621 in Book 7372 at Page 977, Official Records of Orange County, California. MOTION CARRIED° ORANGE COUNTY CONDITIONAL PEPu~ITS NOS° 1153 and 1154: Placentia Unified School District proposes, two ele~ntary schools atOrchard Drive, approximately 500 feet south of Imperial Highway in Yorba Linda, ahd On Rio Vista Street between 3ackson Street and Lincoln Avenue in the East Anaheim area. Excerpts from the minutes of the City Planning Commission meeting held 3anuary 18, 1965, recommending that the Orange County Planning Com- mission be encouraged to approve. Conditional Permits Nos. 1153 and 1154, were submitted and reviewed by the City Council. On motion by Councilman Dutton, seconded by Councilman Pebley, the City Council concurred with recon~nendations of the City Planning Com- mission, and ordered said recommendations forwarded to the Orange County Planning Commission. NDTION CARRIED. RESOLUTION NO. 65R-39~ Councilman Pebley offered Resolution No. 65R-39 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES° (Modification of signal, Beach Boulevard and Ball Road) Roll call vote: AYES: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler NOES: COUNCILMEN: None - · ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 65R-39 duly passed and adopted. ELECTRICAL POWER RATES: Mr. Murdoch reported on study conducted by the Utilities and Finance Departments, reviewing the City's electrical power rates in comparison with rates currently charged by the Edison Company. He advised that revised rate schedules have been prepared which will result in reduced rates, equal to, or lower than, comparable Edison Company rates. RESOLUTION NO. 6~R-40:' On the rezommendations of the City Manager, Councilman Schutte offered Resolution No. 65R-40 for adoption. Refer to Resolution Book. 8367 City Hall, Anaheim, California - COUNCIL MINUTES---January !9,~ 1~65~ 1:~0 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM A~ENDING CERTAIN ITEMS OF THE RATE SCHEDULES ADOPTED BY RESOLUTION NO. 4274 AND A~ENDING RESOLUTION NO. 6637 AND RESOLUTION NO' 6699. (Effective, first complete billing period on or after February 1, 1965.) Roll call vote: AYES: COUNCILMEN: NOES: OOUNCIL~EN: ABSENT: COUNCILMEN: Pebley, DUtton, Schutte, Kretn and Chandler None None The Mayor declared Resolution No. 65R-40 duly passed and adopted. WATER SERVICE SATES: The City Manager reported on water service rat~s charged to metered account customers outside the City limits, advising that a new schedule has been prepared for City Council consideration, which would reduce said rates to more nearly conform to recently reduced rates now being charged by the Southern. California Water Company. RESOLUTION NO o 65R-41: Councilman Krein offered Resolution No. 65R-41 for adoption, amending schedules of water rate for metered services outside the City limits° Refer to Resolution Book. ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM A~ENDING RESOLU- TION NO. 64R-214 BY AMENDING CERTAIN PARAGRAPHS OF THAT SE~3TION THEREOF ENTITLED, "GENERAL WATER SERVICE, SCHEDULE W-O." (Effective, first billing period on or after February 1, 1965.) Roll call vote: AYES: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler NOES: ODUNCIL~EN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 65R-41 duly passed and adopted. CLAIMS AGAINST THE CITY: The following claims against the City were denied and ' -'referred to the City Attorney and City Insurance Carrier, on motion by Councilman Schutte, seconded by Councilman Krein: Claim filed byMrso Grace Delmar for injuries and damages pUrportedly resulting from a fall due to a hazardous condition in an alley on January 2, 1965. Claim filed by Mrs. Ao W. Block for damages purportedly resulting from erroneous disconnection of water and electrical services, on November 16, 1964. MOTION CARRIED. CLAIM AGA~STiTHE~.~CII~,~ Claim filed by Elsa Kievits on behalf of Kenneth E. Ricks, for compensation and damages purportedly resulting from false arrest was deferred to JanUary 26, 1965, for further investigation by the City Attorney. O~..RRSPON..~ENC~.: The following correspondence was ordered received and filed, on motion by Councilman Dutton, seconded by Councilman Schutte: a. Letter from Mrs. Io N. Baldwin opposing fashion shows in bars. bo Resolution No. 2875-64 from the City of Garden Grove, endorsing the American Host Program. c. Letter from Mrs. George Kirk expressing appreciation of overhead street signs~ d. Card from Mr. Daugherty, 1670 Chateau, dated 1-8-65. 8368 , City. Hall, A~99heim, California- COUNCtL I~,tNUTES - Janua.ry 19~. 1965~ 1~30 P.Mo. _. eo Resolution of the Board-of Supervisors of Orange County, .dated November- 24, 1964, and a copy of the Orange CoUnty Mas.ret Plan of. Regional Parks. fo Financial and Operating Reports for December. g. Annual Financial and Operating Reports for Building Department. ~OTION CARRIED° RECESS~ Councilman Dutton moved for .a 15 minute recess. Councilman Krein ' seconded the motion. NDTION CARRIED. AFTER RECESS: Mayor Chandler called the meeting to order, all members of the City Council being present with the exception of Councilman Schutte. ORDINANCE NO. 2089: Councilman Dutton offered Ordinancb No. 2089 for final reading° Refer to Ordinance Book° AN ORDINANCE OF THE CITY OF ANAHEIM.A~ENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING IO ZONING. (64-65-2 - C-1 and C-O) After hearing read in full the title of Ordinance No. 2089 and having knowledge of the contents therein, Councilman Dutt°n moved the reading in full of said ordinance be waived. Councilman Krein seconded the motion° MO/ION UNANIMOUSLY CARRIED° Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Pebley, Dutton, Krein and Chandler None Schutte Mayor Chandler declared Ordinance No. 2089 duly passed and adopted. ORDINANCE NO o 2094: Councilman Pebley offered Ordinance No. 2094 for final readingo Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM A~F_NDING TITLE 17, CHAPTER 17.08 OF THE ANAHEIM MUNICIPAL CODE, RELATING IO LAND DEVELOPMENT AND RESOURCES, BY ADDING THERE/I) SECTION 17.08.300o (Division of existing or proposed residential real property) After hearing read in full the title of Ordinance No. 2094 and having knowledge of the contents therein~ Councilman Dutton moved the reading in full of said ordinance be waived. Councilman Krein seconded the motion° MOTION UNANIMOUSLY CARRIED° Roll call vote: AYES: COUNCILMEN: Pebley, Dutton, Krein and Chandler ~ NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte Mayor Chandler declared Ordinance No. 2094 duly passed and adopted. ORDINANCE NO° 2095: Councilman Krein offered Ordinance No. 2095 for final reading. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM A~ENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO .ZONING° (63-64-123 - R-3) After hearing read in full the title of Ordinance No. 2095 and having knowledge of the contents %herein~ Councilman Dutton moved the reading in full of said ordinance be waived. Councilman Krein seconded the motion. MOTION UNANIMOUSLY CARRIED. Roll call vote: 8369 City Hall~ Anaheim, California - OOUNCIL ~.INUTES - January 19, t965~:.l~30-P.M.. AYES: COUNCILMEN: Pebtey, Dutton, Kretn and Chandler NOES: COUNCILMEN: None ABSENT: OOUNCIL~EN: Schutte Mayor Chandter declared Ordinance No.~ 2095-duty passed and adopted. ORDINANCE NO. 2096: readlng. Councilman Dutton offered Ordinance No. 2096 for final Refer to Ordinance Boek o AN ORDINANCE OF THE CITY OF ANAHEIM A~ENDING TITLE 18 OF THE ANAHEIM MUNICIPAL OODE RELATING TO ZONING. (64-65-27 - R-3) After hearing read in full the title of Ordinance No. 2096 and having knowledge of the contents therein, Councilman Dutton mov6d'%he reading in full of said ordinance be waived. Councilman Krein seconded the motion. MOTION UNANIMOUSLY CARRIED. Roll call vote: AYES: COUNCIIAtEN.' Pebley, Dutton, Krein and Chandler NOES: COUNCII~EN: None ABSENT: COUNCILMEN: Schutte Mayor Chandler declared Ordinance No. 2096 duly passed and adopted. ORDINANCE NOo 2097: Councilman Pebley offered Ordinance No. 2097 for final reading° Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM A~ENDING TITLE 18, CHAPTER 18.08, SECTIONS 18o08.300, 18o08o400 AND 18.08.730 OF THE ANAHEIM MUNICIPAL CODE. (DefinitiOns - Dwelling, multiple-hotel-motel) After hearing read in full the title of Ordinance No. 2097 and having knowledge of the contents therein, Councilman Dutton moved the reading tn full of said ordinance be waived. Councilman Krein seconded' the motion. MOTION UNANIMOUSLY CARRIED. Roll call vote: AYES: OOUNCIL~EN: Pebley, Dutton, Krein and Chandler NOES: OOUNCIL~EN: None ABSENT: OOUNCIL~EN: Schutte Mayor Chandler declared Ordinance No. 2097 duly passed and adopted. ORDINANCE NO. 2098: Councilman Krein offered Ordinance No. 2098 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM A~ENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING° (64-65-58 - R-l) After hearing read in full the title of Ordinance No. 2098 and having knowledge of the contents therein~ Councilman Dutton moved the reading in full of said ordinance be waived. Councilman Krein seconded the motion. NDTION UNANIMOUSLY CARRIED. ORDINANCE NO. 2099: Councilman Dutton offered Ordinance No. 2099 for first reading. AN ORDINANCE OF'THE CITY OF ANAHEIM A~ENDING TITLE 18 O~ THE ANAHEIM MUNICIPAL OODE RELATING IO ZONING° (63-64-140 - C-i) After hearing read in full the title of Ordinance. No. 2099 and having knowledge of the contents therein, Councilman Dutton moved the reading in full of said ordinance be waived. CouncilmanKrein seconded the motion. MOTION UNANIMOUSLY CARRIED. 8370 Ci%y. Hatl~ Anaheiml .Califqrnia - COUNCIL MINUTES - Ja.nuar¥ 191 1965~ 1:.30 PoM. ORDINANCE NO. 2100: Councilman Pebley offered Ordinance No. 2100 for firs% reading° AN ORDINANCE OF THE CITY OF ANAHEIM A~HNDING TITLE 4, CHAPTER 4.08, SECTION 4.08.080 OF THE ANAHEIM MUNICIPAL CODE, RELATING IO SIGNS. (NOn-conforming signs and structures) After hearing read in full the title of Ordinance No~ 2100 and having knowledge of the contents therein, Councilman Dutton moved the reading in full of said ordinance be waived. Councilman Krein seconded the motion. NDTION UNANINDUSLY CARRIED° RESOLUTION N©. 65R-42: Councilman Dutton offered Resolution No. 65R-42 for adoption. Refer to ResolutiOn Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF A PIPE LINE LICENSE AGRE~ENT WITH THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY GRANTING ID THE CITY A LICENSE TO OONSTRUCT AND MAINTAIN ONE PIPE LINE 8" IN DIfAtETER ACROSS OR ALONG THE RIGHT OF WAY OF SAID RAILWAY COMPANY AT OR NEAR THE SIATION OF ANAHEIM, ORANGE COUNTY, CALIFORNIA. Roll call vote: AYES: OOUNCIL~EN: NOES: OOUNCILA~EN: ABSENT: OOUNCILMEN: Pebley, Dutton, Krein and Chandler None Schutte /he Mayor declared Resolution No. 65R-~2 duly passed and adopted. RESOLUTION NO o 65R-43: Councilman Pebley offered Resolution No. 65R-43 for adop~i'ono Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN AGRE~ENT WITH R. Ac WATT CONSTRUCTION 00. FOR THE PURCHASE OF AN EIGHT-INCH SEWER LINEo Roll calI vote: AYES: OOUNCI L~EN: NO ES: OOUNCIL~EN: ABSENT: OOU NCI L~F_N: Pebley, Dutton, Krein and Chandler None Schutte The Mayor declared Resolution No. 65R-43 duly passed and adopted. HONORARY OOUNCIIJ~EN - DISNEYLAND TENCENNIAL: On motion by Councilman Krein, seconded by Councilman Dutton, 3ulie Reihm, 'Hiss Disneyland Tencennial Ambassador", was authorized to present scrolls with the Official Seal of the City affixed thereon to world-wide dignitaries, naming them Honorary Councilmen of the City of Anaheim, to be presented in conjunction with the promotion of the City of Anaheim and the Disneyland Tencennial. MOTION CARRIED, RESOLUTION NOo 65R-44: On report and recommendation of the City Attorney, Councilman Dutton offered Resolution 65R-44 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THH CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN AGRE~ENT WITH CATER KING, INC. WITH REFERENCE TO THE SALE OF FOOD TO WORKMEN ~PLOYED FOR CONSTRUCTION OF THE SPORTS STADIUM. Roll call vote: AYES: COU NCIL~EN: NO ES: COUNCILMEN: ABSENT: COUNCILMEN: Pebley, Dutton, Krein and Chandler None Schutte 8371 Ci..tY Hails.. Anaheim~ California'- COUNCIL MINUIES .- Janu.ary. 19t t. 96.5, tzJO ~oM.. The Mayor. declared Resolution No. '65R-44. duly passed, and adopted. APPO~NTiVE BOARDS ANpOO~ISSIONS~ On motion by Councilman Pebley, seconded by Councilman Dutton, City Council .-appointments of all Boards and Commissions were reaffirmed~ pursu~ht to City Charter ratified by the State Legislature January 14, 1965. MOTION CARRIED. R.EPORT - A~ERICAN I{)OTBAILLEA~JE OONFERENCE~ Councilman Du%%on reported on.the enthusiastic reception of presentation made by members of the Anaheim Public Information Office to American Football League officials and team representa- tives during the League Conference held in the City of Houston, Texas~ during the past week° He commended the.personnel of said office .for their outstanding accomplishment in the coordination of slide photographs and sound track which called attention to the City's progress and its potential as a sports center° The City Council indicated their approval of suggestion made by ~ Councilman Dutton, that letters of thanks be forwarded to each of the eight American Football League Ieams~ and that certificates of appreciation be presented to Jim Hardy, Cedric Tallts, and Ao.R. McDaniels, who assisted City officials in conducting informal meetings with owners and representa- tives of the League teams during the American Football League Conference. RECESS~ Councilman Pebley moved to recess to 7100 P.Mo Councilman Dutton seconded the motion° MOTION CARRIED° (3~15 AF. TER ~ECESS: Mayor Chandler called the meeting to order. PRESENT: ABSENTs PRESENT: OOUNCII~EN: Pebley, Dutton, Krein and Chandler. OOUNCII~EN~ Schutte. CITY MANAGER: Keith Ao Murdocho CITY AT/ORNEYI 3oseph Geisler. CITY CLERK~ Dene M. Williams. CIIY ENGINEER~ 3ames P. Maddox. ZONING OOORDINAIOR~ Robert Mickelson. FLAG SALUTE~ Councilman Krein led the Assembly in the Pledge of Allegiance to the Flago PUBLIC'HEARING - RECLASSIFICATION NO o 62-63-35 AND OONDITIONAL USE PEP~IT NO. 313~ Submitted by R. Lo Burroughs, et al, ordered by the City Council to re- consider revised plans previously approved in connection with Reclassification No. 62-63-35 and Conditional Use Permit No, 313, originally requesting permis- sion to constructs planned residential unit development and waiver of two- story height limitation within 150 feet of residential properties$ property briefly described as being situated on the west side of Knott Avenue, approximately 614 feet south of Lincoln Avenue (Tract No. 5403). Mr. Mickelson noted the location of subject property and briefed the history of the zoning and conditional use permit applications, advising that plans originally submitted in conjunction with subject applications proposed single story construction adjacent to the single family homes in the City of Buena Park, adjacent on the West. Subsequently~ revised plans were SUbmitted to the Planning Staff by the new developer, Mr. David C. Maddox, for a standard R-3 tract with two-story construction throughout, and due to the technical wording of the Resolution of approval, No. 63R-97, the two- story construction adjacent to R-1 property was not considered by the staff in their recommended approval of the revised plans (Exhibits Nos. 1 through 16, Revision Noo 2). City Attorney Joseph Geisler reviewed actions taken during court proceedings on litigation filed by owners of homes in the R-1 area adjacent to subject property. He advised that the court ruled said revised plans constituted a substantial change to those originally approved~ and in a~cordance with the State Planning Act should have been reviewed by the City Planning Commission prior to consideration by the Council. 8372 City Hatl~ Anaheim~ California- COUNCIL MINUTES -January :19~ 19651 1~30 P-M. ~r~o Geisler 'referred to excerpt from the minutes of the City · Planning Commission meeting held 3enu.ary 4, t965, notin§ steps taken to alle- viate possible visual intrusion° The Commission further note~ that the revised plans reduced the density of the development from 92 to 82 units, and expressed doubt that there wes any way to effi&i~ntly screen the buildings from the single .family homes without destroying the circulation element; thereupon by motion,.the Commission advised the Citv Council that remedial action already~taken by.the developer was everything that could be done~ given the existing~circumstanCeSo Mayor Chandler noted that the matter has been before the City Council on several previous occasions, and advised that the City Council would hear one representative of the proponents, and one for the opponents; further, he requested that the speakers limit their remarks to evidence not previously presented and considered° The City Council indicated their agreement with'the foregoing statements° The Mayor invited the applicant or his representative to address the City Council° Mr° Wes Walker, Attorney for the applicant, advised that the present land'owner is Sunny Hills Baptist Church. He stated that construction had commenced in 3une of 1964, and had progressed to the point of completed framework~ with some electrical and plumbing installation in buildings located on lots 4 through 7, when litigation was instituted° Mr° Walker submitted into evidence photographs taken yesterday, depicting the buildings in question, the adjacent alleyway and wall, and other views from various locations in the development° Mro Walker further advised that the developer has attempted to negotiate with property owners to the West in an effort to reach a solution which would be acceptable to all concerned;'however, their suggestions for possible architectural screening, relocating windows to the North and South sides of those buildings within 150 feet of-'the R-1 properties~ landscaping, or extending the height of the wall, were not accepted by the home owners, however new and larger olive trees have been ordered for planting on lots 4 through 79 and the court yard along the alley will be planted with large Eucalyptus trees for effective screening of bedroom windows° In conclusion, Mro Walker stated it was their opinion that they have taken every possible step to make the two-story buildings more acceptable to the Buena Park residents, and that their development is a substantial improvement over the original plans, and has appre- ciated the value of all properties in the area° He felt that to require further changes would be financially impractical° He thereupon requested the City Council to approve Reclassification Noo 62-63-35 and Conditional Use Permit Noo 313o ~ayor Chandler asked if a representative of the opposition wished to address the Council. Mro Robert Mo Oster, Attorney for Mr° Robert Sheer, a property owner west of subject property, reqdested the record to show that Mro Sheer expressed the desire to address the City Council and said request was deniedo In answer to Mayor Chandler's question, eight persons indicated their presence in opposition to the two-story construction within 150 feet of the R-1 property° Mr~ Marvin Warren, Attorney representing the Andersons and the Wycoffs, owners of properties adjacent to subject development, stated that the proponents' arguments were apparently based on economic hardship to the developer, which would be off-set by the additional twelve units obtained by the two-story Construction° In his opinion, 8373 Ci'~y ~alll Anaheiml California - COUNCIL MINUTES - Janqar¥ 197 19657 l:.30P.Mo if the developer had constructed the buildings in compliance with the Anaheim zoning ordinance, the problem now existin§ would not have arisen. Regarding the argument that the buildings are now completed, Mro Warren pointed out that the residential property owners had vigorously opposed the two-story buildings from the first moment they observed the beginning of the second story building° He called attention to the expense borne by these residents at great hardship to them° In his opinion, the court did not direct that the revised plans be referred back to the Planning Commission at this point, but merely stated it should have been done before consideration was given by the City Council° In finality, Mro Warren emphasized that the developer had assumed all risk since the adjoining home owners first protested the two-story construction, and was of the opinion that it would be an injustice to let the matter stand as status quo, simply because the buildings were now completed° Therefore, he requested the City Council to visually inspect subject property and see the imposition created to the single-family area, before taking further action on this matter. Councilman Pebley inquired into regulations established by the City of Buena Park governing distances between two-story R-3 buildings and residential properties° Mro Warren replied that the regulation is a minimum of 50 feet between the two uses, rather than 150 feet required by Anaheim~ however he noted that the closest two-story building in subject tract is 30 feet f~om the residential property° In answer to further Council questioning, Mr. Warren advised that his clients feel the two-story buildings are a visual intrusiOn, as the second floor windows afford a view into the residential yards, and he further reported that residents were not unanimous in their opinions as to whether or not they wish removal of the second levels from the b6ildings in question° In answer to a Council question, Mr. Mickelson reported that the two-story structure nearest to the R-1 property is twenty-five feet; however, between the structure and the original R-1 property line existing prior to their purchase of the 33.62 foot strip, there would be between 55 and 60 feet° He pointed out that one of the home owners has constructed an addition to his house which extends into said strip of land, leaving a' minimum of 30 feet between the R~3 and R-1 structures at this point. Mayor Chandler asked if anyone else had new and additional evidence to add° Mr° Robert Sheer, 6873 Via Norte Circle, Buena Park, stated that that the minimum required setbacks between two-story R-3 buildings and single family residential properties are measured from the property lines of the homes, rather than from the structures. He reviewed the history of the property in question, and noted that the Buena Park home owners were assured~ during the original public hearing before the City Council, ~at the development would be limited to single story within 150 feet O~ their properties° Mro Sheer was of the opinion that if the construction had been stopped when their protests were first made, the developer would not have incurred additional expense. The developer and the City of Anaheim were in error, he felt, and he called attention to the substan- tial funds the home owners contracted in an effort to enjoy their rights purportedly afforded them by the Anaheim zoning ordinance° Mro Sheer submitted into evidence and read a letter received by him from an Anaheim realtor, stating that normally his property would 83?4 City Hall~ Anaheim~ California - OOUNCIL MINUTES - January 19~ 1965t 1~30 have an estimated value Of $24,000, but that due to the R-3 construction to the East, it was estimated that $20,000 would be the maximum price obtainable. He further advised of negotiations with Mr. Maddox, the developer, in an unsuccessful attempt to obtain payment in settlement of the loss he would suffer on sale of his property~ In conclusion, Mr. Sheer noted the financial investment expended by him, as well as the time taken away from his work to attend hearings on this issue; he then requested the City Council to consider the matter on its own merits° The Mayor asked if anyone else wished to offer new and additional evidence° No one responded in answer to the questi°n, thereupon Mayor Chandler declared the public hearing closed on Re- classification Noo 62-63-35 and Conditional Use Permit No. 313o Councilman Krein expressed a desire to view the development, as suggested° On motion by Councilman Krein, seconded by Councilman Dutton, action on said applications was deferred one week (January 26, 1965, l:30~PoMo)o MOTION CARRIED° (Visual inspection was §cheduled for 10:00 AoMo on said date)° RESOLUTION NO° 65R-45: Councilman Pebley offered Resolution Noo 65R-45,for adoption o Refer to Resolution Book° ~ A RESOLUTION OF THE CITY OOUNCIL OF THE CITY OF ANAHEIM ESTABLISHIN6 CERTAIN STANDARDS TO BE OONSIDERED IN THE APPROVAL OF OOVENANTS, ~ OONDITIONS AND RESTRICTIONS WHICH MAY BE REQUIRED 113 BE FILED BY SECTION 170080300 OF THE ANAHEIM MUNICIPAL OODEo Roll call vote: AYES: OOU NCI LMEN .. NOES t OOU NCIIJ~EN ~ ABSENT.. OOU NC I L~EN .. Pebley, Dutton, Krein and Chandler None Schutte The Mayor declared Resolution NOo 65R-45 duly passed and adopted. B~PLOYMENT - DEVELOPMENT OOORDINATOR~ On motion by Councilman Dutton, seconded by Councilman Pebley, the City Manager was authorized to employ Alan Go Orsborn, Development Coordinator for the City of Anaheim, and said appointment was ratified by the City Council. MOTION CARRIED. ADJOURNMENT.. Councilman Krein moved to adjourn to January 22, 1965, 3:15 P.Mo, and also moved waiver of further notice of said adjournment. Councilman Dutton seconded the motion° MOTION CARRIED. ADJOURNED: 8:18 City Clerk