1958/06/052741
City Hall, Anaheim, California, June 5, 1958 - 7:00 P. M.
The City Council of the City of Anaheim met in an adjourned regular
session.
PRESENT: COUNCIL~N: Pearson, Borden, Fry, $chutte and Coons.
ABSENT : COUNCILMEN: None
ASSISTANI CITY ADMINISTRAIIVE 0PPICER: Albert M. Hair, Present.
CIYY ATIORNEY: Preston Iurner~ Present.
REPORTERS: Virginia Dalton and Virginia Ialmage, Present.
Virginia Talmage, who had previously been sworn as the official
reporter, to report the proceedings in this hearing was requested to continue
to ac~ as such reporter and record and transcribe the proceedings of this continued
hearing, and then file a transcript thereof to be made a part of the record.
Mayor Pearson called the meeting to order for the purpose of the continued
public hearinq on Variance Application No. 948.
Mr. Elmer Guy, the attorney representing the Applicants (Jehovah's
Uitnesses, Inc.) addressed the Council and moved for a continued City hearing
to allow him to seek a court order to require the City Council to issue a subpoena
for certain witnesses to testify in this proceedings, and further advised that until
he can file an application for and obtain a grit of Mandate from the Superior Court
he would object to the taking of any testimony.
The subpoena referred was presented to the City Council and read by the
City Attorney, Preston Turner, who then read to the City Council the provisions of
Section 9200.15, Subdivision C of the Anaheim Municipal Code, relating to the
showings required to be made for the granting of a variance. He also called the
Councils attention to provisions of Section 37105 of the Government Code authoriz-
ing the issuance of subpoenas by the City Council in their discretion.
Mr. Guy was requested to state, in substance, what the witnesses whom
he wished to call would testify to, and in compliance with such request, made a
statement of the testimony he expected each witness to give.
After listening to the statement of the testimony these witnesses would
give Councilman Coons moved that the request for this subpoena be denied. (There
was no second to this motion.)
After further consideration by the City Council of the witnesses named
in said subpoena and the testimony, which Mr. Guy stated they would give, and
after considering the question of the materiality of such testimony, Councilman
Coons stated that if a subpoena were issued it should recite that the witnesses
were subpoenaed to testify on behalf of the applicant. He thereupon withdrew his
previous motion and moved that the applicant's request for a subpoena be denied,
except for the following witnesses: Chief of Police of the City of Anaheim,
Mark A. Stephenson; Captain of the Highway Patrol, H. W. Null; City Engineer
of the City of Anaheim, George E. Holyoke; Investigator of the Highway Patrol,
3. Moore, and that the request for the subpoena of the other persons named in
said subpoena be denied, on the grounds,based upon the statement of Mr. Guy as
to what these witnesses would testify to, that their testimony would be immaterial
to the issue at hand. Councilman Borden seconded the motion. MOTION CARRIED.
Mr. Guy was asked what records and testimony he wished to present, and
he stated ~hat he wanted to show that the area between Broadway and one fourth
(1/4) mile south of Orange Avenue is subdivided and are tracts that have been
accepted by the County of Orange and the City of Anaheim, and wanted to show
changes in zone. He also stated that he wanted to introduce into evidence a
copy of the Zoning Ordinance of the City of Anaheim.
The City Attorney, Preston Turner advised the Council that in his
opinion the evidence relating to the matter of showing the area subdivided into
tracts, as proposed by Mr. Guy, was immaterial. Mr. Guy did not offer a copy
of the Zoning Ordinance of the City of Anaheim for admission in evidence.
the Mayor asked if anyone else wished to address the Council.
2742
City H.all~ Anaheim~ Californ,i.a~ June 5, 1958 - 7:00 P. M.
Mr. Dale Hughes, 615 South Clara Street, in West Anaheim, addressed
the City Council and stated that he was appearing in opposition to the granting
of the variance,and was speaking for himself and members of the group in the area
who were opposed to the granting of the variance, and stated the reasons and the
grounds of their opposition to the granting of the variance.
During the course of the statement made by Mr. Hughes, some question
arose as to the distance of the building of the Applicant from adjacent property,
and Mr. Harry Baker stated that the location of the building was 15 feet from their
back yard.
Mr. Iurner asked Mr. Hughes if, in his opinion, the establishment of the
church in this location would be materially detrimental to the general health and
welfare of the community.
Mr. Hughes answered that he beleived it would be injurious to their
property.
Mr. Guy offered a large map showing various subdivisions in the area and
stated the purpose for which he wished to introduce this map in evidence. After
a discussion by the City Council, the offer of the map was rejected by the City
Council.
Mr. Guy was thereupon sworn as a witness to testify on behalf of the
Applicant. He offered pictures marked "K-1 to K-9" inclusive and explained what
they were and also seven (7) aerial photos marked "Photos Nos. 1-7" and explained
what they were and offered all said pictures in evidence.
Councilman Fry moved that the above pictures be admitted as evidence.
Councilman Schutte seconded the motion. MO/ION CARRIED.
It was moved by Councilman Coons, seconded by Councilman Fry to accept
the large aerial photos marked "lO-11-1~ and 13". MOTION CARRIED.
Miss Virginia Dalton, Reporter, was sworn as a witness to testify on
behalf of the Applicant, and testified to the fact that she and Mr. Guy went into
the area and took testimony from residents in the area, which was taken down in
shorthand by her and transcribed into longhand. Mr. Guy offered these sta.tements
numbering from 60 to 70 and read a statement made by Mr. Palmer, 517 Farm Street,
and requested that the City Council read all of the statements taken.
After discussion between Mr. Guy, Mr. Turner, the City Attorney and
Members of the City Council, the statements were admitted in evidence on mo~ion
by Councilman Schutte, seconded by Councilman Fry, and marked "L-t". MOTION
CARRIED.
Mr. Guy then offered another statement which he had dictated to Miss
Dalton when he was investigating the area, regarding the description of the
property. It was moved by Councilman Fry, seconded by Councilman Coons, that
this statement be accepted and numbered "L-2", subject to the right of the City
Council to make their own inspection. MO/ION CARRIED.
Mr. Guy then offered a statement made by Mr. Baker as a supplement to
the application, which supplement contained their reasons why the variance should
be 9ranted.
Mr. Turner advised the City Council that, in his opinion, this state-
ment was in the nature of an argument and not evidence and should not be received
as evidence.
Councilman Coons moved that the supplemental statement to the application
be denied admission. Councilman Fry seconded the motion. MOTION CARRIED.
Mr. Guy then offered in evidence a letter or document, addressed to the
City Council, containing article taken from the "Law Review", with reference to
actions and rulings of the courts on similar zonin9 matters. This document was
allowed to be filed as a part of the proponents arguments on the matter.
2743
City Hall~ Anaheim,. Ca~lifornia~ June 5~ 1958 - 7:00 P, M.
Mr. Guy then offered, in evidence, an artist's rendering of the proposed
church building. Nit. Baker testified that he did not believe the sketch was drawn[
to scale, however, this was a rendering of the building proposed to be built on
this propez'ty, and offered, for the purpose of comparing the type of building with
others in the area.
Said ~endering was admitted as evidence and numbered "L-3" on motion by
Councilman Coons, seconded by Councilman Fry. MOTION CARRIED.
Mr. Baker was further questioned by ~r. Guy and testified as to the nu.mber
of their membership, their meeting times, and the manner in which their meetings
are conducted. He further advised that they call their building "Kingdom Hall"
where others would, perhaps, call it a church, and their group is considered a
religious organization.
As to the offer of a statement ~egarding their creed, it was moved by
Councilman Schutte~ seconded by Councilman Coons that the statement of the creed
not be admitted as the denomination or creed of the church was not the issue at
hand. MOTION CARRIED.
Councilman Coons moved for a ten minute recess, Councilman Fry seconded
the motion. MO/ION CARRIED.
PH~CESS
After recess, all members bein9 present, the Mayor called the meeting
to order and Public hearing on Variance Application No. 948, 3ehovah's Witnesses, Inc'
continued.
~r. Timothy M. Hollobird, 825 South Madison Avenue, Pasadena, California,
Appraiser and Zoning Consultant was introduced by Mr. Guy and proceeded to testify
regardin9 his investigation of this matter, his findings and recommendations.
Mr. Hubert and ~r. Bruce Zelnar were sworn in by the City Clerk and
testified regarding the traffic count made at this location ~ay 18th, 19th, and 20th,
1958. Also testifying regarding this count was Mr. Harry Baker, Presiding Minister.
The traffic count was submitted,as evidence, to the City Council.
Councilman Schutte moved that the hearing on this matter by continued to
June [1, 19~8, 7:00 P. M. and that those in opposition to the variance be invited
to present their case at this time. Councilman Coons seconded the motion. MO/ION
CARRIED.
CI/Y CLERK