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1963/01/15 6391 City Ha11_ Anaheim_ California - COUNCIL MINUTES - January 15. 1963. 3:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Dutton, Chandler, Schutte (entered the meeting 3:45 P.M.), Krein and Coons. COUNCILMEN: None. CITY MANAGER: Keith A. Murdoch. CITY ATTORNEY: Joseph Geisler. CITY CLERK: Dene M. Williams. CITY ENGINEER: James P. Maddox. ZONING COORDINATOR: Martin Kreidt. ABSENT: PRESENT: Mayor Coons called the meeting to order. MINUTES: Minutes of the Anaheim City Council meetings held January 2 and January 8, 1963, were approved on motion by Councilman Chandler, seconded by Councilman Dutton. MOTION CARRIED. PUBLIC HEARING. CITY PLANNING COMMISSION RESOLUTION NO. 538 - FLOOR SPACE REQUIREMENTS: Pursuant to City Planning Commission Resolution No. 588, Series 1962-63, public hearing was held on the proposed amendment to Title 18, Section 18.70.090, and deletion of Section 18.80.100, of the Anaheim Municipal Code relating to minimum livable floor space requirements in the area bounded by Placentia Avenue to Sunkist Street, between the Riverside Freeway and Anaheim-Olive Road. Copies of City Planning Commis- sion Resolution No. 588, Series 1962-63 were furnished each Councilman. The Mayor asked if anyone wished to address the City Council, there being no response, declared the hearing closed. ORDINANCE NO. 1805: Discussion was held by the City Council and the City Attorney interpreted the amendment to be an amendment of a section within a Chapter dealing only with floor space requirements and not usage, which section applies only to single family residential structure. At the conclusion thereof, Councilman Chandler offered Ordinance No. 1805 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.80 OF THE ANAHEIM MUNICIPAL CODE BY AMENDING SECTION 18.80.090 AND BY REPEALING SECTION 18.80.100 RELATING TO FLOOR SPACE REQUIREMENTS. After hearing read in full the title of Ordinance No. 1805 and having knowledge of the contents therein, Councilman Chandler moved the reading in full of said Ordinance be waived. Councilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED. PUBLIC HEARING_ AMENDMENTS TO M-l AND M-2 ZONES: Pursuant to City Planning Commission Resolutions Nos. 481 and 482, Series 1962-63, recommending amendments to Title 18, Chapters 18.52 and 18.56 of the Anaheim Municipal Code, M-l - Light Manufacturing Zone, and M-2 - Heavy Manufacturing Zone, public hearing before the City Council was scheduled this date. The Mayor asked if anyone wished to address the City Council. There was no response. Mr. Martin Kreidt advised that there were three additional suggested changes to the proposed amendments. Because revised draft. dated November 20, 1962, rnarkQd Exhibit A, had not been included in the Councilmen's agenda, it was moved by Councilman Chandler, seconded by Councilman Dutton, that public hearing on the proposed amendments to the M-l and M-2 zones be continued to January 29, 1963, 3:00 P.M. Mr. Kreidt was requested to furnish the City Clerk copies of the three suggested additional changes to be included with copies of the revised draft for the January 29, 1963 agenda. MOTION CARRIED. ic"''''":;&ii,,,, "".';;;""'<~,~~'",~,,""..o i.:".. ...;_" "',,"' ;".,.;~-;;___.",,__" --.- ~... """"" 6392 City Hall. Anaheim. California - COUNCIL MINUTES - January 15. 1963. 3:00 P.M. PROPOSED ABANDONMENT - DELLA LANE: Council action on petition requesting abandonment of a portion of, and termination of Della Lane by a cul-de-sac ~outherly of Orangewood Avenue, was submitted at the meetings of December 18, 1962 and January 2, 1963, and continued to this date to allow the property owners to consider the report and recommendation of the City Engineer, prior to the commencement of abandonment proceedings. The City Clerk reported that Mrs. Nokes verbally requested the petition for abandonment be withdrawn. Mr. Maddox reported it was his understanding that the request would be withdrawn. Mrs. Elliott, 2142 Della Lane, requested her name and that of her husband be removed from subject petition. On motion by Councilman Krein, seconded by Councilman Dutton, all proceedings on the request for abandonment were terminated. MOTION CARRIED. RECLASSIFICATION NO. 62-63-28: Rpquest from Mrs. Elizabeth C. Ralston and Morris Carroll, owners of property adjacent to Gemco, for immediate construction of six foot masonry wall along the west line of the Gemco property, was continued from the meeting of January 2, 1963, for investigation and report. The City Manager briefed the background of original zoning on subject property, effective January 20, 195Q, as granted, without condi- tions, by the Orange County Board of Supervisors. He Further advised that representatives of Gemco interest (Mr. Jack Levine) indicated that conditions as suggested by County Planning Director, Mr. Bergh, in a letter dated December 29~ 1958, would be complied with. The City Council initiated reclassification proceedings, antici- pating future expansion of the business (62-63-28); resolution of intention to rezone C-l was adopted and included certain conditions. Mr. Murdoch further advised that the present business can continue to operate without complying with conditions established in City of Anaheim Resolution of Intent, and further, the City Council has no legal means of enforcing conditions suggested by Orange County Planning Director in the original zonIng. Councilman Krein moved that the City Manager and City Attorney be requested to contact the owners of subject property regarding conditions imposed in Reclassification Proceedings No. 62-63-28. particularly the wall construction, and that the matter be continued to February 5, 1963, at 3:00 P.M. for report. Councilman Dutton seconded the motion. MOTION CARRIED. ENTERTAINMENT PERMIT - ME-N-EDiS PIZZA PARLOR: Application for Entertainment Permit submitted by Parlor's No.3, Inc., for Me-N-Edis Pizza Parlor, 875 South Brookhurst, Anaheim, was submitted and granted for a period of one year, in accordance with recommendations of the Chief of Police, on motion by Councilman Dutton, seconded by Councilman Krein. MOTION CARRIED. RECLASSIFICATION NO. 62-63-11 AND CONDITIONAL USE PERMIT NO. 279 - REVISED PLANS: Revised plans submitted by V. L. N. Construction (Stanley Anderson) in connection with ReclassIfication No. 62-63-11 and Conditional Use Permit No. 279, were reviewed by the City Council, together with staff report of the City Planning Department. Mr. Harry Knisely, Attorney representing the applicant, was present. Councilman Chandler moved that revised plans as submitted be approved, as requested and in accordance with City Planning Staff Report. Councilman Dutton seconded the motion. MOTION CARRIED. REQUEST - USE OF LA PALMA STADIUM: Request of Jehovah's Witnesses, California Circuit No.3, for permission to use La Palma Stadium May 31, June 1 and 2, 1963, for a religious convention, was submitted and granted, subject to the recommendations of the Director of Park and Recreation, that a charge be made in the amount of $388.00 if the area is cleaned to the satisfaction of the Park and Recreation Department by their own group, or $658.00 if clean-up ~,....ij"."_W'*".,.o..~'L'j.$;*,,',""'i'~"i.;"",j'..~,,-~:.':;_-w';":'~ ~ 6393 City Hall. Anaheim_ California - COUNCIL MINUTES - January 154 1963_ 3:00 P.M. is provided by the City, on motion by Councilman Dutton, seconded by Councilman Krein. MOTION CARRIED. JOB NO. 4600 - CHANGE ORDER NO.2_POLICE FACILITIES BUILDING: On the ~ecom- mendations of the City Engineer, Councilman Dutton moved that Change _Order No.2, amounting to a net credit of $4,111.92, Job No. 4600, Police Facilities Building, Santa Ana Street at Harbor Boulevard, be approved. Councilman Krein seconded the motion. MOTION CARRIED. (Councilman Schutte entered the meeting, 3:45 P.M.) JOB NO. 4700 - PROPOSED CHANGE ORDER, FIRE STATION HEADQUARTERS: Mr. Murdoch reported a change order concerning lighting would be necessary for Job No. 4700. He explained the proposed change, advising that a slight difference to the appearance of the building would result; however, in his opinion, the difference would not be detrimental. On the recommendations of the City Engineer, Councilman Krein moved to approve the change of the light fixtures from a north-south to an east-west direction, any cost involved shall not be borne by the City. Councilman Dutton seconded the motion. MOTION CARRIED. PEARSON PARK TENNIS COURTS REPAIRS: Assistant City Manager Robert Davis reported on informal bids received for the repairs to tennis courts in Pearson Park, as follows, and recommended acceptance of the low bid, that of Schwall Construction Company, in the amount of $2,955.00: Schwall Construction Co., Burbank Anderson Brothers, Culver City Sully-Miller Company, Long Beach Alta Ind. Flooring, Los Angeles $ 2,955.00 3,111.00 3,731.30 4,925.00 On the recommendations of the Assistant City Manager, Councilman Dutton moved that the low bid of Schwall Construction Co. be accepted, and contract authorized in the amount of $2,955.00, on condition that adequate funds have been budgeted and are available. Councilman Schutte seconded the motion. MOTION CARRIED. PURCHASE OF FURNISHINGS - POLICE FACILITY BUILDING: Assistant City Manager reported on informal bids received for Lobby and Lounge Furniture (Vista Furniture) for the Police Facility Building, as follows, and recommended acceptance of the low bid of Herman Schlorman Company, Los Angeles, in the amount of $2,586.17, including tax: Herman Schlorman Co., Los Angeles Carroll Sagar & Assoc., Los Angeles Albert Light Office Furniture, Beverly Hills Anaheim Office Furniture, Anaheim Office Interiors, Los Angeles W. J. Sloane, Los Angeles $ 2,586.17 2,618.22 2,822.40 2,840.70 No Quote " " On the recommendations of the Assistant City Manager, Councilman Krein moved that the low bid of Herman Schlorman Company be accepted, and purchase authorized in the amount of $2,586.17, including tax. Councilman Schutte seconded the motion. MOTION CARRIED. RECLASSIFICATION NO. 61-62-119 - EXTENSION OF TIME: Request of Harry Knisely, Attorney, dated January 3, 1963, for 60 day extension of time for compliance with certain conditions pursuant to Resolution No. 62R-664 in Reclassifica- tion Proceedings No. 61-62-119, was submitted and granted, on motion by Councilman Krein, seconded by Councilman Schutte. MOTION CARRIED. ....."~',;>.,;;.,..._.".v~ 6394 City Hall_ Anaheim~ California - COUNCIL MINUTES - Januarv 15_ 1963_ 3:00 P.M. TENTATIVE MAPS~ TRACTS NOS. 4960 AND 4961: Subdivider, Bryan Industrial Properties, 146 East Orangethorpe Avenue, Anaheim, California; Engineer, McDaniel Engineering Company, 222 East Lincoln Avenue, Anaheim; tracts are located on the east side of Lemon Street, approximately 328 feet north of Orangethorpe Avenue, and contain a total of 22, M-l and P-L lots. The City Planning Commission at their meeting of January 7, 1963, approved said tentative maps, subject to the following conditions: Tract No. 4960: 1. Requirement that should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 2. Drainage shall be discharged in a manner which is satisfactory to the City Engineer. 3. Due to the location of the common boundary with the City of Fullerton, the improvement plans will be reviewed and signed by the City of Fuller- tonVs City Engineer. 4. Subject to the approval of the City Engineer foy the dedication of access rights to Le~on Street, or other recommendations as deemed necessary by the City Engineer at the time subject tract is considered by the City Council. - Tract No. 4961: 1. Requirement that should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 2. Drainage shall be discharged in a manner which is satisfactory to the City Engineer. 3. Due to the location of the common boundary with the City of Fullerton, the improvement plans will be reviewed and signed by the City of Fullerton's City Engineer. 4. Subject to the approval of the City Engineer for the dedication of access rights to Lemon Street, or other recommendations as deemed necessary by the City Engineer at the time subject tract is considered by the City Council. Mr. Kreidt noted the location of subject tracts and the zoning thereon, and briefly reviewed the conditions of approval recommended by the Planning Commission. Discussion was held by the City Council, City Engineer and Mr. Jacobson of A. R. McDaniel Engineering firm, concerning access locations to Lemon Street. Mr. Maddox recommended access be limited to three loca- tions. Councilman Dutton moved that Tentative Maps, Tracts Nos. 4960 and 4961, be approved subject to the recommendations of the City Planning Commission. Councilman Schutte seconded the motion. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 259: Request of Dale D. Walker, dated January 11, 1963, for waiver of Condition No.3 of Resolution No. 62R-690, pertaining to wall requirement, was submitted. Mr. Walker addressed the Council advising that the six foot wall was included to shield wrecked automobiles from view. He explained that the purpose of the building is for automotive engine repair. Discussion was held regarding the existing chain link fence on the west property line and the storm drain easement over which the masonry wall would be constructed. At the conclusion of the discussion, and at the request of Mr. Kreidt, Councilman Krein moved the request for waiver of Condition No.3, Resolution No. 62R-690, be referred to the City Planning Commission for report and recommendation, to be submitted to the City Council on January 22, 1963. Councilman Dutton seconded the motion. MOTION CARRIED. ~~.~-~,,~*. 6395 City Hall. Anaheim. California - COUNCIL MINUTES - Januarv 15. 1963. 3:00 P.M. CONDITIONAL USE PERMIT NO. 267: Mr. Kreidt presented plans of the recreational center located at the northeast Corner of Turin Avenue and Torry Place, approved by the City Council August l4, 1962, Resolution No. 62R-75l, and explained recommended changes concerning wall requirement. RESOLUTION NO. 63R-41: Councilman Dutton offered Resolution No. 63R-41 amending Resolution No. 62R-75l, pertaining to Conditional Use Permit No. 267, to require the entire parcel be enclosed with a six foot concrete block wall, the block wall fronting Torry Place and Turin Avenue to be set back two feet from the property line, the two foot area between the block wall and property lIne to be landscaped, subject to the approval of the SuperIntendent of Parkway Maintenance. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 62R-751, GRANTING CONDITIONAL USE PERMIT NO. 267. On roll call the foregoing resolution was duly passed and adopted by the following vote: A YES: NOES: ABSENT: COUNCILMEN: COUNC I LMEN: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. None. None. The Mayor declared Resolution No. 63R-41 duly passed and adopted. DEEDS OF EASEMENT: Councilman Krein offered Resolutions Nos. 63R-42 through 63R-SO, both Inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 63R-42: 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 EASEMENTS FOR ROAD AND PUBLIC UTILITY PURPOSES. (R. A. Watt Construction Co.) RESOLUTION NO" 63R~43: 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. (Knudsen Engineering Inc.) RESOLUTION NO. 63R-44: 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. (W. L. Choice and VirgInia I. Choice) RESOLUTION NO. 63R-45: 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 EASEMENf FOR ROAD AND PUBLIC UTILITY PURPOSES. (Everett J. Martinez) RESOLUTION NO. 63R-46: 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 EASEMENTS FOR ROAD AND PUBLIC UTILITY PURPOSES. (Frank M. Del Giorgio, et ux) RESOLUTION NO. 63R-47: 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. (J. F. Snyder, et ux) RESOLUTION NO. 63R-48: 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 EASEMENTS FOR ROAD, ALLEY AND PUBLIC UTILITY PURPOSES. (Douglas Oil Company of California) ~_~"';'_~;' ..-n ~^"~..~"',.. 6396 City Hall. Anaheim. California - COUNCIL MINUTES - January 15, 1963. 3~OO P.M. RESOLUTION NO. 63R-49: 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 EASEMENTS FOR ROAD AND PUBLIC UTILITY PURPOSES. (M. R. C. Developers, Inc.) RESOLUTION NO. 63R-50= 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 AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Shell Oil Company) On roll call the foregoing resolutions were duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNC I LMEN : COUNCILMEN: COUNC I LMEN : Dutton, Chandler, Schutte, Krein and Coons. None. None. The Mayor declared Resolutions Nos. 63R-42 through 63R-50, both inclusive, duly passed and adopted. RESOLUTION NO. 63R-51: On the recommendations of James p. Maddox, City Engineer, Councilman Krein offered Resolution No. 63R-51 for adoption, awarding con- struction of State College Boulevard Street Improvement, Job No. 733, to Sully-Miller Contracting Company, the low bidder, in the amount of $12,188.82. 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 APPROXIMATELY 416 FEET NORTH OF SANTA ANA STREET TO APPROXIMATELY 221 FEET NORTH OF SANTA ANA STREET, AND FROM APPROXIMATELY 1176 FEET NORTH OF LINCOLN AVENUE TO LINCOLN AVENUE, IN THE CITY OF ANAHEIM, JOB NO. 733. (Sully-Miller Co.) On roll call the foregoing resolution was duly passed and adopted by the following vote: A YES: NOES: ABS ENf : COUNCILMEN: COUNC I LMEN : COUNC I LMEN : Dutton, Chandler, Schutte, Krein and Coons. None. None. The Mayor declared Resolution No. 63R-51 duly passed and adopted. RESOLUTION NO. 63R-52: On the recommendations of the City Engineer, Councilman Schutte offered Resolution No. 63R-52 for adoption, awarding construction of the Dale Avenue and Ball Road Storm Drain Improvement, Job No. 742, to McClain Construction Co., Inc., the low bidder, in the amount of $5,463.00. 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 CONSTROCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE CONSTRUCTION OF A STORM DRAIN AT THE INTERSECTION OF DALE A.VENUE AND BALL ROAD, IN THE CITY OF ANAHEIM, JOB NO. 742. (McClain Construction Co., Inc.) On roll call the foregoing resolution was duly passed and adopted by the following vote: A YES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. None. None. The Mayor declared Resolution No. 63R-52 duly passed and adopted. "~~~",""-'~;"""""~'~;':ii'o-:",-" W '.i-;'iiii<~".'.,~~""",",~'.,...." .. 6397 City Hall. Anaheim, California - COUNCIL MINUTES - January 15. 1963. 3:00 PiMa RESOLUTION NO. 63R-53: On the recommendations of the City Engineer, Councilman Dutton offered Resolution No. 63R-53 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING SUPPLE- MENTAL AGREEMENTS FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES. On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. None. None. The Mayor declared Resolution No. 63R-53 dUly passed and adopted. ORDINANCE NO. 1799: Councilman Schutte offered Ordinance No. 1799 for final reading. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.40, SECTION 14.40.060 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SPEED LIMITS. After hearing read in full the title of Ordinaoce No. 1799 and having knowledge of the contents therein, Councilman Chandler moved the reading in full of said Ordinance be waived. Councilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED. On roll call the foregoing Ordinance was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNC I LMEN : COUNCILMEN: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. None. None. Mayor Coons declared Ordinance No. 1799 duly passed and adopted. ORDINANCE NO. 1800: Councilman Krein offered Ordinance No. 1800 for final reading. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO PARKING. After hearing read in full the title of Ordinance No. 1800 and having knowledge of the contents therein, Councilman Chandler moved the reading in full of said Ordinance be waived. Councilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED. On roll call the foregoing Ordinance was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. None. None. Mayor Coons declared Ordinance No. 1800 duly passed and adopted. ORDINANCE NO. l801: Councilman Chandler offered Ordinance No. 1801 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. (62-63-33 - C-l) "T" -~~...~.,=~.........-- 6398 City Hall. Anaheim. California - COUNCIL MINUTES - January 15. 1963. 3:00 P,M, After hearing read in full the title of Ordinance No. 1801 and having knowledge of the contents therein, Councilman Chandler moved the reading in full of said Ordinance be waived. Councilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED. On roll call the foregoing Ordinance was duly passed and adopted by the following vote: A YES: NOES: ABSENT: COUNCI IMEN: COUNCILMEN: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. None. None. i"'-: Mayor Coons declared Ordinance No. 1801 duly passed and ~dopted. ORDINANCE NO. 1803: Councilman Schutte offered Ordinance No. 1803 for final reading. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 1590 IN RECLASSIFICATION PROCEEDINGS NO. 60-61-7 IN ACCORDANCE WITH RECLASSIFI- CATION NO. 61-62-106. After hearing read in full the title of Ordinance No. 1803 and having knowledge of the contents therein, Councilman Chandler moved the readIng in full of said Ordinance be waived. Councilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED. On roll call the foregoing Ordinance was duly passed and adopted by the following vote: AYES: NOES: ABS ENT : COUNCILMEN: COUNC I LMEN : COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. None. None. Mayor Coons declared Ordinance No. 1803 duly passed and adopted. ORDINANCE NO. 1804: Councilman Dutton offered Ordinance No. 1804 for final reading. Mrs. Mary Andrews addressed the Council concerning the street improvements and traffic in the area. She feared the six month bond posted to insure installation of street improvements could be extended and the existing traffic hazard increase with the R-3 development. It was her understanding that a traffic signal at the intersection of Ball Road and Nutwood Street is not projected until sometime after July. Mrs. Andrews further advised they approved the development, however felt the property owners in the area should be assured of protection and the R-3 development be self-contained. Councilman Chandler advised that an improvement bond could be extended by the City; however an extension of a bond is based upon a good point concerning the development itself, and the good of the citizens of Anaheim. Mrs. Andrews was assured that the City Council has been especially concerned with the subject intersection. Mrs. Rodney Henzler, 908 Echo Place, asked whether there had been any decision regarding a self-contained alley for the R-3 development, and requested a wall to the East of subject property be required, with no access to Nutwood Street, prior to adoption of the Ordinance. Mr. Kreidt reported ConditIonal Use Permit No. 346 concerning revised plans will be considered by the City Planning Commission January 21, 1963. ~'",'~'",f,.".,.:;ro.:-::.~......o.._.,..->-",.~...<",..,.;"'."'17 6399 Cit Hall Anahelm California - COUNCIL MINUTES - Januar 15 1963 3:00 P.M, Mrs. Henzler was advised that Revised Plans for the development were approved by the City Council approximately three weeks ago, and that at the previous public hearing it was felt that the alley should join the alley to the East to facilitate trash collection, etc. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (60-61-38 - R-3 and C-l) After hearing read in full the title of Ordinance No. 1804 and having knowledge of the contents therein, Councilman Chandler moved the reading in full of said Ordinance be waived. Councilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED. At the conclusion of the discussion, the foregoing Ordinance No. 1804 was duly passed and adopted by the following vote: A YES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. None. None. Mayor Coons declared Ordinance No. 1804 duly passed and adopted. ORDINANCE NO. 1806: Councilman Schutte offered Ordinance No. 1806 for first reading. AN ORDINAI\CE OF THE CITY OF ANAHEIM MUNICIPAL CODE RELATING TO ZONING. AMENDING TITLE 18 OF THE ANAHEIM (60-61-76 - R-3) After hearing read in full the title of Ordinance No. 1806 and having knowledge of the contents therein, Councilman Chandler moved the reading in full of said Ordinance be waived. Councilman Dutton seconded the motiona MOTION UNANIMOUSLY CARRIED. ORDINAI\CE NO. 1807: Councilman Krein offered Ordinance No. l8G7 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (62-63-2 - R-3, Parcel 3 portion only) After hearing read in full the title of Ordinance No. 1807 and having knowledge of the contents therein, Councilman Chandler moved the reading in full of said Ordinance be waived. Councilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED. RIVERVIEW ANNEXATION: Request to commence annexation proceedings of property designated as the Riverview AnnexatIon, was submitted. Mr. Murdoch outlined the boundaries of the proposed annexation on the map posted on the west wall of the Council Chambers. Councilman Dutton moved said request for annexation to the City of Anaheim be referred to the City Planning Commission for report and recommendation. Councilman Schutte seconded the motion. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held December 27. 1962, pertaInIng to the following appli- cations, were submitted for City Council information and consideration: CONDITIONAL USE PERMIT NO. 327 - Submitted by Leo Liberia, requesting per- mission to construct a restaurant and cocktail bar on property located on the south side of La Palma Avenue, approximately 330 feet west of the centerline of Euclid Avenue, and further described as 1732 West La Palma Avenue. The City Planning CommissIon pursuant to Resolution No. 571, Series 1962-63, granted said Conditional Use Permit, subject to conditions. ._~ .__..,"'''''''-.,_..'.,'''''',....~'';:,'I~Ei;''_..;___._,~~",...~,. "P""q" 6400 City Hall~ Anaheim_ California - COUNCIL MINUTES - January 15_ 1963_ 3:00 P.M, CONDITIONAL USE PERMIT NO. 334 - Submitted by Homeland Company, requesting permission to construct a two-story colonial type office building on property located on the east side of Euclid Street, having a frontage of 55 feet on the north side of Crone Avenue, and a frontage of 108 feet on the south side of Niobe Place, and further described as 1681 Crone Avenue, 1674 and 1680 Niobe Place. The City Planning Commission pursuant to Reso- lution No. 578, Series 1962-63, denied said Conditional Use Permit. CONDITIONAL USE PERMIT NO. 336 - Submitted by Adelaide J. Runnels, requesting _ permission to establish a 24 hOGr nursing facility for mentally retarded thildren on property located on the east side of Western Avenue, with a frontage of 49 feet on the north side of Coolidge Avenue, and further des- cribed as 3181 Coolidge Avenue. The City Planning Commission pursuant to Resolution No. 580, Series 1962-63, denied said Conditional Use Permit. CONDITIONAL USE PERMIT NO. 337 - Submitted by B.I.C., Ball and Magnolia, requesting permission to install an automatic car wash facility on property located on the east side of Magnolia Avenue, approximately 442 feet south of the centerline of Ball Road, and further described as 1240 South Magnolia Avenue. The City Planning Commission pursuant to their Resolution No. 581, Series 1962-63, denied said Conditional Use Permit. CONDITIONAL USE PERMIT NO. 338 - Submitted by Richard and Lucy Anthony, requesting permission to construct a coffee Shop, restaurant and cocktail lounge, on the south side of Ball Road, approximately 200 feet east of the centerline of West Street, and further described as 1050 West Ball Road. The City Planning Commission pursuant to Resolution No. 582, Series 1962-63, granted said Conditional Use Permit, subject to conditions. CONDITIONAL USE PERMIT NO. 339 - Submitted by Nicholas Dovalis, requesting permission to establish a retail store for the sale of records, sheet music, musical instruments and accessories, and for accordion and guitar instruction on property located on the east side of Magnolia Avenue, 288 feet north of Ball Road, and further described as 918-B South Magnolia Avenue. The City Planning Commission pursuant to Resolution No. 583, Series 1962-63~ granted said Conditional Use Permit, subject to conditions. CONDITIONAL USE PERMIT NO. 340 - Submitted by Delos G. Patterson, requesting permission to construct a drive-in and walk-up restaurant facility on property located on the south side of Lincoln Avenue, and a frontage of 222 feet on the east side of Dale Avenue, and further described as 2790 West LIncoln Avenue. The City Planning Commission pursuant to Resolution No. 584, Series 1962-63, granted said Conditional Use Permit, subject to conditions. CONDITIONAL USE PERMIT NO. 341 - Submitted by Richard A. and Lucy Anthony, requesting permission to construct a twenty (20) unit motel facility on property located on the south side of Katella Avenue, the western boundary of said property being approximately 740 feet east of the centerline of Harbor Boulevard. The City Planning Commission pursuant to Resolution No. 585, Series 1962-63, granted said Conditional Use Permit, subject to conditions. VARIANCE NO. 1539 - Submitted by Callye R. Baumberger, requesting permis- sion to create two R-A parcels of less than one acre on property located on the north side of Cerritos Avenue, said proper~y being approximately 1,320 feet east of the centerline of Euclid Avenue, and further described as 1593 West Cerritos A"enue. The City Planning Commission pursuant to Reso- lution No. 574, Series 1962-63, granted said variance application, subject to conditions. VARIANCE NO. 1540 - Submitted by Porifira G. Mata, requesting permission to construct a single dwelling unIt - waive the 1,225 square foot minimum livable floor space area requirement on property located on the south side of Adele Street, said property being approximately 68 feet west of the centerline of Pauline Street, and further described as 520 East Adele Street. The City Planning Commission pursuant to Resolution No. 575, Series 1962-63, granted said variance application, subject to conditions. ~~;~"*,..,~".."._""~"",,,...... .W 6401 Cit Hall Anaheim California - COUNCIL MINUTES - Januar 15 1963 3:00 P.M. VARIANCE NO. 1541 - Submitted by Martha K. Schumacher, requGsting p~rmis- sion to waive 66 2/3 parking requirem~nt and one space per 200 square foot gross area to permil the relocation of the existing auto and truck whole- sale part business. The City Planning Commission pursuant to Resolution No. 576, Series 1962-63, granted said variance application, subject to conditions. VARIANCE NO. 1542 - Submitted by Long Beach Banana Distributors, requesting permission to reduce required number of parking spaces and required area on property located on the wesi side of Euclid Avenue, having a frontage of 435 feet on the north side of Ball Road, and having a frontage of 420 feet on the south side of Beacon Street, and further described as 929 South Euclid Street. The City Planning Commission pursuant to Resolution No. 577, Series 1962-63, granted said variance application, subject to conditions. The foregoing actions were reviewed by the City Council and no further action was taken on the above numbered Conditional Use Permits and variance applications. RECESS: Councilman Schutte moved to recess to 7:00 P.M. Councilman Chandler seconded the motion. MOTION CARRIED. (4:50 P.M.) AFTER RECESS: Mayor Coons called the meeting to order. PRESENT: ABSENT : PRESENT : COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. COUNCILMEN: None. CITY MANAGER: Keith A. Murdoch. CITY ATTORNEY: Joseph Geisler. CITY CLERK: Dene M. Williams. CITY ENGINEER: James p. Maddox. ZONING COORDINATOR: Martin Kreidt. FLAG SALUTE: Mayor Coons led the assembly in the Pledge of Allegiance to the Flag. PUBLIC HEARING, YORBA LINDA ANNEXATION: Pursuant to Resolution No. 62R-I069, duly published in the Yorba Linda Star, December 26, 1962 and January 2, 1963, public hearing was held on the proposed annexation to the City of Anaheim designated as Yorba Linda Annexation. The following certificate was read by the City Clerk. YORBA LINDA ANNEXATION STATE OF CALIFORNIA COUNTY OF ORANGE SSe CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that this offIce has checked the last equalized assessment roll of the County of Orange, State of CalIfornia, to ascertain the assessed valua- tion of land, exclusive of improvements thereon, in the proposed annexation to the CIty of Anaheim, designated as the YORBA LINDA ANNEXATION, and I FURTHER CERTIFY. that ac cord l ngto the last equalIzed assessment roll of the County of Orange, State of California, the assessed valuatIon of prIvately owned land, exclusIve of improvements thereon. within said pro- posed annexatiori, IS ..................................... $ 4,8l7,270.00 Assessed valuatIon of mineral rlghts, land only, excluslve of Improvements and personal property, is .. .... 1,278,980.00 Assessed valuatIon of land, exclusive of improve- ments thereon, appearing on the PublIc Utilities Rolls, WhlCh the location thereof could be ascertained .......... 73,750.00 '*...,..,..,....~~~.._NC_'-'~~._'"'''''..._ ......- , 6402 City Hall, Anaheim, California - COUNCIL MINUTES - Januarv 15~ 1963~ 3:00 P.M. Also appearing on the Public Utility Rolls were parcels of property of which only a portion thereof appears to be within the proposed annexation. Valuation, or any portion thereof, is omitted from the above amount. Also appearing on the assessment roll, tax exempt, is publicly owned property of the following: County of Orange Orange County Flood Control District Orange County Water District State of California State of California, Division of Highways Yorba Linda County Water District Yorba Linda School Yorba Linda Elementary School District Yorba Linda Library District ---- AND I FURTHER CERTIFY, to the best of my knowledge and belief, the total assessed valuation of land, exclusive of improvements thereon and except for those properties where the valuation cannot be determined, in the proposed YORBA LINDA ANNEXATION to the City of Anaheim according to the last equalized assessment roll of the County of Orange, State of California, is ............................. 6,170,000.00 AND I FURTHER CERTIFY, that the total assessed valuation of land, exclusive of improvements thereon, filed by persons appearing to be property owners who have filed written protests to said annexation, is ..................... 6,790.00 Because of insufficient time, valuation represented by additional protests filed this date could not be deter- mined. Therefor, the total amount noted above is a tentative figure. -~ I DATED: January 15, 1963 Isl Dene M. Williams City Clerk of the City of Anaheim Inasmuch as the proponents filed petition requesting annexation, Mayor Coons invited the opponents to address the Council first. Mr. Ron Hanson, Attorney with the law firm of Kindel Anderson, representing the Committee for Yorba Linda, submitted a letter filed by Mr. RoyKnauft~ Secretary of the Committee for requesting notification of total assessed valuation of the area annexed, and the total of the protests filed. and and read Yorba Linda, sought to be Also submitted was additional protest (7:l1 P.M.) to be held, pendIng the determination of the sufficiency of protests filed prior to the hour of 7:00 P.M. Mr. Hanson explained that the Committee for Yorba Linda was formed to oppose the annexation, that the Yorba Linda area was mainly rural, consisting of approximately six thousand residents, of which approx- imately two thousand are registered voters. He advised that last Wednesday, letters were sent stating what annexation would mean to the area, and that of the two thousand letters sent, approximately seven hundred protests have been received. In addition twenty petitions were circulated, and approximately three hundred people have signed the petitions. Of the protests filed, the Committee believes the sIgnatures represent eight hundred voters. He further advised that in the opinion of the Committee, the petition requesting annexation of approximately nine hundred signatures contained only a little over six hundred and fifty valid signatures. Of these valid signatures, some have reversed their stand, reducing this figure. ~~"~_',."it>.,.,."".. ,,>~ ";;':'""",';_"~"",,"_' ......--w-- ~~'-'."~~"__'""_''''_''___'.''''__'''''_",,'.M'~'"''__'. 6403 City Hall_ Anaheim~ California - COUNCIL MINUTES - Januarv 15_ 1963~ 3:00 P.M, He stated that these people do not want to be annexed, and have resisted annexation by other cities, as they would like to keep their approximate two thousand votes separate and apart from the City.of Anaheim or any other City. They want self-determination and to be able to chart their own course. Mr. Hanson stated that the City of Anaheim owed a certain amount of civic responsibility to the people in the surrounding area, as well as the citizens of Anaheim; that it was obvious that the people of this area do not want annexation, and it would be unfair to all concerned to indulge in what might be a pointless and costly annexation election and further proceedings. Mr. Hanson moved that if the protests were found to be insuffi- cient, the City Council grant additional time to seek additional protests. Mr. Loren Kelsey, representing Texaco, Inc. addressed the Council advising that Texaco was not opposing the annexation proceedings; however, they were petitioning two parcels of their land be excluded when the boundaries are finally set. He stated that they had several producing oil leases in the area, with a total assessed valuation of mineral rights and improvements in excess of $260,000. Some of the lessors want annexation, and some do not. The surface rights of the two parcels requested to be excluded are owned by people who oppose the annexation, and want to have their land excluded. Both parcels lie adjacent to the exterior boundary lines of the area pro- posed to be annexed, one at the southeast corner of Linda Vista and Morse, the other parcel, a portion of which is requested to be excluded, is located at the southeast corner of Jefferson and Morse. Mr. Russell Smith, 16412 East Golden, Placentia, advised that he has filed a letter of protest to the annexation, and a request for exclusion, as his property is located between the Carbon Canyon Channe~ and the developers of the 120 and 78 homes. Because of negotiations made with the developers, it would be detrimental to his interest if his property was not excluded. Mr. Robert Barnes, Attorney representing Bradford Brothers, Inc., advised that a petition requesting exclusion is on file, and that remarks made by Mr. Hanson are appropriate to the Bradford property. Map of the proposed annexation was posted on the west wall of the Council Chambers indicating the boundary of the Yorba Linda Library District and the boundary of the Yorba Linda Water District. Mr. Barnes referred to the map, noting the location of the Bradford Brothers property, and stated that this property has been in the Bradford family ownership for the last faTty years, and is in citrus and petroleum, and could derive no benefit whatsoever from annexation to the City of Anaheim. He requested the property be excluded, stating that exclusion would not be injurious to the adjacent property. Regarding the Cinderella tract, he had been advised that many of the residents initially requested annexation, and since some fifty-four people of a total of sixty-three have signed a petition for exclusion. These people do not want to be in the City of Placentia, Yorba Linda, or Anaheim. The total value of the Cinderella area is $275,220., and the total value of those requesting exclusion is $122,310. Mr. Barnes further advised that every City incorporation has an image, and in his opinion the image of the City was not assisted by forcing people against their will to join the City. Regarding the Bradford property, they are presently in citrus and oil, and do not intend to change. They do not need the services of the City or the County. Mr. Barnes requested they receive the same consideration for exclusion as Texaco or anyone else. ~,..,~.., 6404 City Hall. Anaheim. California - COUNCIL MINUTES - January 15. 1963. 3:00 P.M. Mr. Dan Foley, 17001 Yorba Linda Boulevard, Yorba Linda, Ch~irman of the Committee for annexation, addressed the Council. He reported in the last few years, there ha~ been three unwanted annexations into their area, and two incorporation attempts; that many of them have opposed all these attempts; however, the time seems to be coming where they can no longer avoid these annexations. He stated he was an opponent to incorporation, as in his opInIon, the area did not have the proper industrial or commercial tax space. ---, He further advised that the Committee for Annexation to the City of Anaheim was formed after being approached by the Anaheim Chamber of Commerce, who suggested that a meeting with the City be held to determine the possible benefits to the area and the City through annexation. An appointment was made and the meeting held, and after many questions such as consideration of the retention of the name Yorba Linda, respecting their master plan, the Committee was expanded to approximately fifty members. He reported three open meetings had been held in the Community, which were attended by City officials, who answered all questions raised. Mr. Foley further advised that he did not blame anyone for asking for exclusion or protesting the annexation; however, in his opinion, he felt the majority of the people of the area were in favor of the annexation. Mr. Lee Barton, 189ll Camino Verde, Yorba Linda, member of the Committee for Annexation, advised that for quite some time a group has been seeking a solution for Yorba Linda. He stated he had never seen a climate for anyone thing as much as the people have favored annexation to the City of Anaheim. In his opinion, the protests were brought about by information that did not represent true facts. He further advised that he represented what he felt to be a fair sized parcel of property, and in his opinion, annexation to the City of Anaheim will be good for the area, and if the issue is put to the vote of the people, it will surely become a part of the City. ~ Mr. Russell Smith asked if all the eligible Yorba Linda County Water District land was included at the time the request for annexation was filed, that is all the land not taken by some other City. Mr. Foley answered that the entire Yorba Linda County Water District was not included in the proposed annexation, as some of the area has already been annexed to the City of Placentia, and some of the Yorba Linda County Water District property is included in City of Placentia Annexation No. 62-5. Although the Court ruled against Annexation No. 62-5, they have the right of appeal or new trial. Mr. Smith explained in detail the location of the parcel he questioned, being the twelve acre parcel across from his residence, on the west side of Carbon Canyon Channel and north of Golden. Mr. Foley stated that one small parcel on Imperial Highway on the west side of Carbon Canyon Channel was omitted because of annexation to the City of Brea; that an attempt was made to include the properties of the Yorba Linda County Water District in the proposed annexation. Mr. Fred Johnson, 4501 Eureka Avenue, Yorba Linda, resident of the Yorba Linda area for forty-fi ve years, related r.esul ts of the meeting held this afternoon, when it was learned that a number of people, because of recent ownership, have not received their protest cards and would like an opportunity to express themselves. He briefly related some of the Yorba Linda past history, explaining that they had purchased their water rights, and in his opinion, the last attempt for incorporation would not have been defeated had it not been for misrepresentation. '~"'~~i'."".F""~'O,....""",.'''''.,.~;;,.;'.;;.._',.",._ .. 'WI" . 6405 City Hall. Anaheim. California - COUNCIL MINUTES - January 15. 1963. 3:00 P.M. Mr. Johnson was also of the opinion that the City of Placentia would not press the issue until they had the chance of self-determination. Mr. Gabriel Newhouse, 1501 West Roberta Avenue, Fullerton, asked what the City of Anaheim regulations were concerning the keeping of horses. Mr. Geisler advised, as he remembered, this was a matter of State Housing Law as well as a matter of the City Zoning Code, and believed the limitation was within forty feet of any residence. Mr. Newhouse advised that the owner of the adjacent property has built his stable within a few feet of the property line, and asked if this would enjoin him from building his house within forty feet of the stable. Mr. Geisler answered that in his opinion, the existing Code would not prohibit a person from building on his own property; however, if there is a violation of the State Code, it might require the removal of the stable. Mr. Robert Barnes advised that it would seem to him that to be fair to the proponents and opponents, the City should ask the proponents to withdraw. The results would be, (l) The City of Placentia is not going to be able to annex property in this area, (2) Incorporation has been defeated, (3) Present Placentia annexation is on appeal. In his opinion, a great deal of time and money would be saved if these proceedings were perhaps deferred one year. Mayor Coons stated that a good cross section of the two groups had been given; further, the City Council has an incomplete report from the City Clerk, as a great many protests were filed late today. Councilman Chandler moved the partial report of the City Clerk concerning the sufficiency of protest to the Yorba Linda Annexation be received and filed. Councilman Krein seconded the motion. MOTION CARRIED. Councilman Dutton moved that the public hearing be continued to Friday, January 18, 1963, 3:00 P.M. for receipt of the City Clerk's certificate. Councilman Schutte seconded the motion. MOTION CARRIED. (Mr. Bob Jarmusz, reporter, 840 North Birch Street, Santa Ana, was present at the meeting. ) RECESS: Councilman Dutton moved for a five minute recess. Councilman Chandler seconded the motion. MOTION CARRIED. (3:00 P.M.) AFTER RECESS: Mayor Coons called the meeting to order, all members of the Council being present with the exception of Councilman Schutte. PUBLIC HEARING. VARIANCE NO. 1535: Submitted by G. L. Wunsch and Maxine Wunsch, requesting permission to establish a beauty salon on property located at the northeast corner of Niobe Avenue and Brookhurst Street (2183 Niobe Ave.) The City Planning Commission pursuant to Resolution No. 555, Series 196Q-63, denied said variance. Appeal from action taken by the City Planning Commission was filed by the applicant and public hearing scheduled. Mr. Martin Kreidt noted the location of the property and use and zoning in the immediate area. He summarized the action taken by the City PlannIng Commission and read findings contained in City Planning Commission Resolution No. 555. ~.~._..,-~~,-+<o..,.~.,._..,."..-__.,...--,~,-.._..;,_","",.,.,.,."'_""~"'~~'~~_"___' 6406 City Hall. Anaheim. California - COUNCIL MINUTES - January 15. 1963. 3:00 P,M. Councilman Dutton asked Mr. Kreidt what the zoning was on the parcel immediately south of subject property; the property where the wall was recently removed. Mr. Kreidt replied that at the request of the homeowners pro- testing the removal of the block wall, an investigation was made of the property to the South of subject property. It was learned that the sign "700 South Brookhurst" was not the number assigned to the property by the Building Department; further, that a building permit has been issued to add a family room, and it appeared that there was no violation to the Anaheim Municipal Code. ,-- The Mayor asked if anyone wished to address the City Council. Mr. Stanley L. Rosen, Attorney, 318 West Lincoln Avenue, Anaheim, representing the applicant, addressed the Council urging favorable consid- eration. He called attention to the commercial and professional use in the immediate area, and advised that in his opinion the entire development on Brookhurst Street will ultimately be other than residential. Regarding deed restrictions on the tract, Mr. Rosen advised that if the property and area changed sufficiently, the Courts are cognizant of the fact that deed restrictions are no longer applicable. He further advised that this is not to be a full business use. It is to be a one operator shop; there will be no more than three patrons during anyone day, and no more than one patron at anyone time; there will be no congestion of parking, no major structural change, no change in appearance of the dwelling. The wall will not be removed, and there will be no signs or advertising of any nature, and the City Council can restrict the use accordingly. Mr. Rosen thereupon filed a petition containing twenty-one names of the people in the tract favoring the application, noting that eight of the eleven people within the three hundred foot radius of subject property were signers of the petition. Mr. Robert Rosenwald, 2005 West Minerva Avenue, resident of the tract and attorney representing the Sherwood Forest Civic Association, addressed the Council stating, although he had not seen the petition sub- mitted by Mr. Rosen, he felt reasonably sure that some favoring the application were those living on property owned by Mr. Tierney, who favors the variance. He referred to the petition of protest filed with the City Plan- ning Commission, and advised that it represented two-thirds of the owners in the Sherwood Forest area, and the majority of the owners within five hundred feet of subject property. He further advised that according to his information, the property was purchased approximately six months ago, and all concerned were aware of the conditions and restrictions; said restrictions were introduced into the record of the City Planning Commission meeting. Mr. Rosenwald was of the opinion that the City Planning Commission findings were proper and the use would be incompatible to the rest of the area, and granting the variance would be granting a privilege. He further advised that in his opinion, the property was correctly zoned, and respect- fully requested the petition be denied. Mr. David Gordon, President of the Sherwood Forest Civic Associa- tion, presented the protest petition referred to by Mr. Rosenwald, of the residents within five hundred feet of subject property. Mr. Rosen advised of his inability to appear before the City Planning Commission, and his request for continuance was denied. .~""~"._."""...,-,..,__..,._,.c.,.;c............,,,.,..,.,.. 6407 City Hall. Anaheim. California - COUNCIL MINUTES - January 15. 1963. 3:00 P,M, Sections of the Anaheim Municipal Code concerning the granting of variances were read (l8.68.010, 18.68.030, and 18.08.390), and applications thereof applying to subject property were discussed. Mr. Rosenwald advised that the applicants, Mr. and Mrs. Wunsch, attended a Sherwood Forest Civic Association meeting (their plans were presented and discussed), and it was apparent to them that the changes anticipated would preclude the business being classified as a Home Occupa- tion; that a segment of their house would be changed into a regular beauty salon. Mr. Rosenwald referred to a similar situation wherein a portion of a home was approved for a beauty shop, and now the other portion of the home is a real estate office. In his opinion, a precedent would be established in the granting of the variance. Mr. Rosen advised that any alterations would be within the struc- ture itself. Mrs. Alexander Mapier, 2167 Niobe, addressed the Council in opposition, advising that she was a registered private duty nurse, and would like very much to have her business in her home; however, this was her home and she preferred it be kept that way. The Mayor asked if anyone else wished to address the Council, there being no response, declared the hearing closed. At the request of Councilman Dutton, Mr. Geisler, City Attorney, briefed the definition applying to Home Occupation, and advised that in his opinion, the requested use would be a commercial enterprise, that the commodity of service is being sold on the premises. RESOLUTION NO. 63R-54: Councilman Krein offered Resolution No. 63R-54 for adoption, sustaining the action taken by the City Planning Commission denying Variance No. 1535. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 1535. On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNC I LMEN: Dutton, Chandler, Krein and Coons. None. Schutte. The Mayor declared Resolution No. 63R-54 duly passed and adopted. ANAHEIM CITIZENS CIVIL DEFENSE COMMITTEE: Request of David A. Calef, Chairman, Anaheim Citizens Civil Defense Committee, for approval of the conduction of the second annual Civil Defense Week, March 11-l6, 1963, was submitted and granted, on motion by Councilman Dutton, seconded by Councilman Krein. MOTION CARRIED. EDISON PROPOSED R-2 SCHEDULE - ELECTRICAL POWER RATES - ZINDER AND ASSOCIATES: In order that the City's point of view might be presented to the Public Utility Commission and in order that the City may cooperatively work with the Edison Company in an effort to have the rate approved and better inform the Public Utility Commission so that an appropriate decision can be made, and on the recommendations of the City Manager, it was moved by Councilman Dutton, seconded by Councilman Krein, that the City Manager and City Attorney be authorized to negotiate with Zinder and Associates and the Cities of Riverside and Colton for information and report for the Public Utilities Commission. MOTION CARRIED. ""'~',:'''''~Oia;:'~''l'''''''''''''k''-''''':'''''*'~''.f'-'-M.iF':"'''-4'.,.,;,~\ 6408 City Hall. Anaheim. California - COUNCIL MINUTES - January 15. 1963. 3:00 P.M. ABANDONMENT REQUEST: Mr. Murdoch reported on investigation made of the requested abandonment of a portion of Beach Boulevard, and advised that the requested abandonment of the westerly forty-three feet is recommended, providing clearance is obtained from all interested departments and utilities. The City Attorney was requested to prepare necessary resolution for the January 29, 1963 agenda. PLAQUE - CITY BUILDINGS: Discussion was held by the City Council concerning the contents of the plaques for the new Fire Station Headquarters, the Police Facility Building and the Central Library Building. ~ At the conclusion thereof, it was determined that the plaque prepared for the Central Library Building include the names of the Council awarding the contract, the Council dedicating the building, and the Library Board; the Police Facility Building include the Council awarding the contract and the Council dedicating the building; the Fire Station Head- quarters Building to contain the names of the present City Council. In addition to the dedication plaque, each building is to display the City Seal. RESOLUTION NO. 63R-55 - COUNTY TRACTS 4181 AND 4397: On the recommendation the City Attorney, Councilman Krein offered Resolution No. 63R-55 for adoption, authorizing an option agreement with the Southern California Water Company to acquire the water facilities in Tracts Nos. 4181 and 4397, if annexation of the territory designated as Yorba Annexation is accomplished. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THAT CERTAIN OPTION AGREE- MENT BETWEEN THE SOUTHERN CALIFORNIA WATER COMPANY AND THE CITY OF ANAHEIM, DATED JANUARY l5, 1963 AND APPROVED BY THE CITY ATTORNEY. On roll call the foregoing resolution was duly passed and adopted by the following vote: A YES : NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Chandler, Krein and Coons. None. Schutte. The Mayor declared Resolution No. 63R-55 duly passed and adopted. SUPERVISORIAL DISTRICTS: Mr. Geisler reported that the League of California Cities has informed his office of pTesent litigation, Griffin vs. Board of Supervisors, County of Monterey, based upon a provision that the Supervisors should be elected and districts formed in accordance with population. The City Attorney was requested to obtain further information from Donald H. Smith, City Attorney, Del Rey Oaks. NOTICE OF PUBLIC UTILITY COMMISSION PUBLIC HEARING: Notice of public hearing before the Public Utility Commission January 23, 1963, (Case No. 7409), concerning rates, tolls, rules, charges, operations, practices, contracts, services and facilities of the Pacific Telephone and Telegraph Company, was referred to the City Attorney. CANCELLATION OF COUNTY TAXES: Orange County Board of Supervisors were requested to cancel County Taxes on property acquired by the City of Anaheim for public purposes, pursuant to Resolution No. 62R-949, (Annie K. Haster), Document No. l578l, recorded in Book 6330, Page 789; and Resolution No. 62R-l035, (Manuel Hurtado), Document No. 19154, recorded in Book 6372, Page 872, on motion by Councilman Chandler, seconded by Councilman Dutton. MOTION CARRIED. '~e"~~~':::_-"E.-~;f~__'~""4~~'}' 6409 Citv Hall. Anaheim. California - COUNCIL MINUTES - January 15_ 1963. 3:00 P.M. APPOINTMENT. LEAGUE OF CALIFORNIA CITIES BUILDING COMMITTEE: Councilman Chandler reported that Mayor Coons had been appointed Vice-Chairman of the League of California Cities Building Committee. In his opinion, this activity was on behalf of the City of Anaheim, and any expense necessary for the atten- dance of any of these meetings would be considered City expense, and any reasonable expenditure would be approved. Councilmen Dutton and Krein concurred with the above remarks. ADJOURNMENT: Councilman Krein moved to adjourn to January 18, 1963, 3:00 P.M., and also moved waiver of further notice of said adjournment. Councilman Chandler seconded the motion. MOTION CARRIED. ADJOURN~~:35P.M. ') A3" , SIGNED: 4 ~ /:Jf. ./ //h..#~--tU City Clerk City Hall. Anaheim. California - COUNCIL MINUTES - January 18. 1963. 3:00 P.M. Mayor Coons called the meeting to order. PRESENT: ABSENT: PRESENT : COUNCILMEN: Dutton, Krein and Coons. COUNCILMEN: Chandler and Schutte. CITY MANAGER: Keith A. Murdoch. CITY ATTORNEY: Joseph Geisler CITY CLERK: Dene M. Williams. CONTINUED PUBLIC HEARING. YORBA LINDA ANNEXATION: Mayor Coons announced that public hearing on the proposed Yorba Linda Annexation to the City of Anaheim was continued from the meeting of January 15, 1963, to allow additional time for report of the City Clerk as to the valuation of protests filed prior to the hour of 7:00 P.M. January 15, 1963. The City Clerk briefed the contents of the following certificate: YORBA LINDA ANNEXATION STATE OF CALIFORNIA COUNTY OF ORANGE SSe CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that this office has checked the last equalized assessment roll of the County of Orange, State of California, to ascertain the assessed valua- tion of land, exclusive of improvements thereon, in the proposed annexation to the City of Anaheim designated as the YORBA LINDA ANNEXATION. The following amounts reported herein represent the assessed valuation of land exclusive of improvements within the proposed annexation: The assessed valuation of privately owned land, as corrected, is ........................................... $ 4,757,l40. The assessed valuation of mineral rights, is ..... 1,278,980. The assessed valuation appearing on the public utility rolls which the location thereof could be ascer- tained, is ................................................. 73,750. The assessed valuation of publicly owned land (Orange County Water District) as determined by Hugh J. Plumb, County Assessor for the County of Orange, State of California, is .. 14,730. \;if~"_.~i4t'~,,,>_j._..."i""__,_'="..,, ,.,~."'_."~_..~."~,_.._..!..,_,_.. ?r