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1963/09/03 6-~ 7044 City Hall, Anaheim, California ~. COUNCIL MINUTES .- September 3, 1963, 3:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Schutte, Krein and Coons. COUNCILMEN: Dutton and Chandlera CITY MANAGER: Keith Aa Murdoch. CITY ATTORNEY: Joseph Geislera CITY CLERK: Dene M~ Williams. CITY ENGINEER: James P. Maddox. ZONING COORDINATOffi.: Martin Kreidt. ~ Mayor Coons called the meeting to order~ MINUTES: Approval of the minute$ of the Anaheim City Council meeting held August 27, 1963, was deferred one week (September 10, 1963), on motion by Councilman Schutte, seconded by Councilman Krein. MOTION CARRIED. PUBLIC HEARING,VACATION AND ABANQONMENT: Public hearing was held on proposed abandonment of an easement for street and alley purposes along the easterly property line of 517 East Sycamore Street (between Sabina and Pauline Streets), pursuant to Resolution No. 63R~666, duly published in the Anaheim Bulletin August 22, 1963, and notices thereof posted in accordance with law. The Mayor asked if anyone wished to address the City Council, there being no response, declared the hearing closed. Mr. Maddox, City Engineer, reported that the entire easement, a total width of 12.62 feet, was proposed for abandonment, except for a three foot overhang easement on the east side of said easement, which the Public Utilities Director recommended be retainedo He further reported said abandonment has cleared all outside utility agencies and City departments. RESOLUTION NOo 63R~720: Councilman Schutte offered Resolution No. 63R-720 for adoption, in accordance with the recommendations of the City Engineer and Public Utilities Director. Refer to Resolution Booko A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF AN EASEMENT FOR STREET AND ALLEY PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; AND RESERVING AN EASEMENT FOR ELECTRIC POWER LINE OVERHANG PURPOSES OVER, ALONG AND ACROSS A PORTION OF SAID PROPERTYo (North side of Sycamore Sta, east of Sabina St.) On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Schutte, Krein and Coonso None. Dutton and Chandler~ The Mayor dec ared Resolution No. 63R-720 duly passed and adopted. RESOLUTION NOG 63R~721: Councilman Schutte offered Resolution No. 63R-721 for adoption. Refer to ResoiJtion Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON AN ALLEY AND EASEMENT FOR ALLEY PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON; AND DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTIONg (Public hearing Sep- tember 2<'1, 1963, 3:00 PjM~; Portion Lot No 21J J.D. Taylor Tract.) On roll cal.l the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Schutte, Krein and Coons. NOES: COUNCILMEN~ None. ABSENT: COUNCILMEN~ Dutton and Chandlero The Mayor declared Reso~ution Noo 63R=72l duly passed and adopted. ,~,-~~,,'.:.i:.':_:-.C~ -6-7-r1-5 7045 City Hall4 Anaheim4 California - COUNCIL MINUTES ,-> September 3. 1963. 3:00 P.M. FINAL MAP 4 TRACT NO~ 5114: Developer, J. & C. Development Company; tract located on the east side of Webster Street, 260 feet south of Orange Avenue, and contains 9 R-l lots. Mr~ Jerry Castetter, 2127 Ball Road, representing J. & C. Development Company, addressed the City Council requesting that Final Map, Tract NOt ~l14, be continued for one week (September 10, 1963) to be con- sidered in conjunction with proposed Webster Street Improvement. Mr~ George Glanzmann, representing Eureka Water Company advised tha~ they have no objection to the requested continuance. On motion by Councilman Krein, seconded by Councilman Schutte, Final Map of Tract No. 5114 was continued one week, September lO, 1963, 3:00 P.Ma, in accordance with request of the developer. MOTION CARRIED. FINAL MAP, TRACT NO. 5245: Developer, Home Land Co.; tract located on the west side of Ninth Street, north of Kimberly Avenue, and contains l8 R-l lots. The City Engineer reported said Final Map conforms substantially with the tentative map previously approved; that drainage is accomplished through an easement to the Flood Control Channel; and that bonds have been posted and approved, and requiTed fees paid, and recommended approval thereof. On the recommendations of the City Engineer, Councilman Krein moved Final Map of Tract No. 524~ be approved. Councilman Schutte seconded the motion. MOTION CARRIED~ AMUSEMENT MACHINE APPLICATION: Application filed by Harvey F. Kirby for permission to install a six-player sh~ffle alley at the Snappy Grill, 621 West Lincoln Avenue, was submitted, together with report from the Chief of Police recommending denial of said permit on the basis that the Anaheim Municipal Code prohibits such activity on premises within 600 feet of a school. On motion by Councilman Krein, seconded by Councilman Schutte, said application was denied, in accordance with recommendations of the Chief of Police. MOTION CARRIED. AMUSEMENT MACHINE APPLICATION: Application filed by Harvey F. Kirby for permission 'to install one sixteen foot bowler and one twenty~two foot shuffleboard at the Doll Hut, 107 West Adams, was submitted together with report from the Chief of Police. On the recommendations of the Chief of Police, Councilman Schutte moved said application be granted. Councilman Krein seconded the motion. MOTION CARRIED~ SECTION 18.76. ANAHEIM MUNICIPAL CODE (ORDINANCE NOu 1857): Mr. Wayne B. Reedstrum, 517 Falcon Street, Anaheim, addressed the Council concerning Section 18.76.021 of the Anaheim Municipal Code concerning "Appeal Feeso', and requested said section be deleted in its entirety, as not being in the best interest of the City. Mr. Reedstrum advised that in his opinion, the average citizen is under the impression that any final and all decisions effecting the general welfare of the City or any citizen thereof, lies within the provision of the City Council, and this is not necessarily true in all matters of zoning, as the Planning Commission, an appointed body, has the authority and power to grant or deny conditional use permits and varIances, which is final and binding unless an appeal is filed. In his opinion, it should be the right of a citizen to file an appeal to the City Council to review the action taken by the City Planning Commission, without the necessity of paying a filing fee. ~""~"~""""."'''--'''~-''-- e~4~ 7046 City Hall, Anaheim, California - COUNCIL MINUTES - September 3. 1963. 3:00 P.M. In referring to the Ordinance, Mr. Reedstrum noted that direct reference is made to the "applicant", and no reference is made or implied to the "objector". Mr. Reedstrum asked the City Attorney if he had any knowledge whether this section as written has ever been tested in a Court of law. With the permission of the City Council, Mr. Geisler answered that as far as he knew, there have been no specific cases either for or against such sections; that there have been many cases that sustained the right of a Council in connection with any applications to establish reasonable fees; that in his opinion, the fee established in accordance with Section 18.76.021 is a legal fee. - Mra Reedstrum, with the permission of the City Council, asked the City Clerk if the filing of appeals were normally handled through her office, and approximately how many appeals had been filed concerning Conditional Use Permits and Variances prior to June 2l, 1963. Mrs. Williams reported that upon checking agendas of public hearings held on an appeal basis since January of this year to the date Ordinance l857 became effective, 23 hearings were held; that since the effective date of the Ordinance (July 12, 1963), two appeals have been filed. Mr. Reedstrum advised that in his opinion, the provision of the Code placed a price over and above what is paid in taxes for services rendered by the City on the right of any citizen to appeal a decision rendered by an appointed body, in order to be heard by the only elected body to which the citizen has recourse; that from the standpoint of cost, he felt relatively sure that the cost would not effect the financial structure of the City. Councilman Schutte asked the City Clerk if the majority of appeals filed were filed by applicants or opponents. - Mrs~ Williams answered that the majority of appeals filed are filed by the applicant or the applicantUs agent. Councilman Schutte explained that every action concerning a zoning matter comes before the City Council, and is thoroughly considered by them; and :f in the opinion of a Councilman further consideration is warranted, a review is requested. Councilman Schutte further advised of a similar situation wherein at the last meeting of the City Council, he had requested a review. Further discussion was held and Mayor Coons illustrated the right of appeal by either the applicant or opponent, and further advised that prior to the enactment of the Ordinance, many applicants and interested persons were bypassing the City Planning Commission, appealing directly to the City Council. Mr. Reedstrum felt a distinction should be made between the applicant and the objector; that from the standpoint of the objector, the City Council becomes the Court of Last Resort. Councilman Krein expressed agreement with statements made by Councilmen Schutte and Coons, and further advised in zoning cases, the minutes of the City Planning Commission were reviewed, as well as Council inspection of the subject property. Mayor Coons noted that two members of the City Council were absent, and stated that the points presented would be further considered, and that the tape would be made available to the two absent members. ~;'~">~'O"""''''''''''-~;;"'-'':'h_~ ~;:-"C~_'..j 69~7 7047 City Hall. Anaheim. California - COUNCIL MINUTES - September 3. 1963. 3:00 P.M. RECLASSIFICATIONS NOS. 6l-62-107. 62-63-44 AND 62-63-45~ AND CONDITIONAL USE PERMIT NO. 243 - REVISED PLANS: Revised plans submitted by Ted Fish in connection with Reclassifications Nos. 61-62-l07, 62-63-44 and 62-63-45, and Conditional Use Permit No. 243, were reviewed by the City Council together with recommendations of the City Planning Department. Mr. Ted Fish addressed the Council explaining the hillside terrain of the subject properties, and his plans for retaining wall~. He advised that copies of revised plans have been submitted to the Engineering Department this date, although the City Building Department received copie~ previously. He called attention to the retaining wall on the southerly portion of the development, notinq that if the required six foot wall was measured from the highest side, it would result in a fifteen foot wall from the south, or lower side. Discussion was held by the City Council, and Mayor Coons was of the oplnlon that hillside developments could present problems that might necessitate special consideration. It was determined that revised plans for subject properties be deferred one week (September 10, 1963, 3!00 P.M.) pending further consideration by the Engineering Department. RESOLUTION NO. 63R-722: On report and recommendation of the City Attorney, Councilman Schutte offered Resolution No. 63R-722 for adoption. Refer to Resolution Booka A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING PARTIAL PAYMENT IN CONNECTION WITH ESCROW ON ACQUISITION OF FACILITIES OF DYKE WATER COMPANY AND AUTHORIZING THE CITY ATTORNEY TO SIGN INSTRUCTIONS IN CONNECTION THEREWITH. ($1,89l,245000) On roll call the foregoing resolution was duly passed and adopted by the following vote~ AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Schutte, KTein and Coons. None. Dutton and Chandlera The Mayor declared Resolution No. 63R-722 duly passed and adopted. RECLASSIFICATION NO. 60-6l-82 - APPROVAL OF PLANS: Request of Billy J. Kiker for approval of plans pursuant to Reclassification No. 60-6l-82, was submittedo The City Clerk repoTted that the only plans submitted in connec- tion with subject reclassification were those originally filed with the application, and efforts to contact the applicant have been unsuccessful. Subject request was ordered taken off agenda, pending further contact with Mr. Kiker. CANCELLATION OF COUNTY TAXES: On motion by Councilman Schutte, seconded by Councilman Krein, the Orange County Board of Supervisors was requested to cancel County taxes on properties acquired by the City of Anaheim for municipal purposes, pursuant to Resolution No. 63R-642, formerly assessed to Eucalyptus Water Company, deeds recorded August 23, 1963 as Documents Nos. 21976 and 2l977, in Book 6689 at pages 413 and 415, Official Records of Orange County, California. MOTION CARRIED. ANAHEIM CITIZENS CHARTER STUDY COMMITTEE: Correspondence dated August 2l, 1963 from Anaheim Citizens Charter Study Committee, Dr. Robert Doty, Chairman, requesting City Council approval of change in the Rules of Committee regarding attendance, was submitted and reviewed by the Council (copies furnished each Councilman). On motion by Councilman Krein, seconded by Councilman Schutte, said amendment to Rules of Committee was approved as requested. MOTION CARRIED. ~"'-'-'~"",,,.4;.""'""";"""'"".::..._,,,,--,,,,~.~i."'''-'''_'''_'"~"~,,,~~,~_,,,_"l.' 6i4~ 7043 City Hall, Anaheim, California - COUNCIL MINUTES - September 3. 1963. 3:00 P.M. CORRESPONDENCE: The following correspondence was ordered received and filed, on motion by Councilman Schutte, seconded by Councilman Krein. MOTION CARRIED: a. Minutes, Park and Recreation Commission Meeting, August 8, 1963. b. Anaheim Park and Recreation Department Operation Report, June 1 - August 1, 1963. c. Preliminary Draft of Statement of Principles Governing the Use of the City of Anaheim Park and Recreation Facilities. ~ DEEDS OF EASEMENT: Councilman Krein offered Resolutions Nosa 63R-723 to 63R-726, both inclusive, for adoption. Refer to Resoluti~n Booka RESOLUTION NOo 63R-723: 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 PUBLIC UTILITY AND TEMPORARY CONSTRUCTION PURPOSES. (Clarence M. Burbank, et ux) RESOLUTION NO. 63R-724: 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, PUBLIC UTILITY AND ALLEY PURPOSES. (Jack Wo Rumbaugh, et al) RESOLUTION NOQ 63R-725: 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. (Violet Van Delden and Margaret Green) RESOLUTION NO. 63R~726: 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. (Pacific Southwest Realty Co.) On roll call the foregoing resolutions were duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Schutte, Krein and Coons. None. Dutton and Chandler. The Mayor declared Resolutions Nos. 63R-723 to 63R-726, both inclusive, duly passed and adopted. ORDINANCE NO. 1902: Councilman Krein offered Ordinance No. 1902 for final readingo Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM FIXING AND LEVYING A PROPERTY TAX ON ALL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF ANAHEIM FOR THE FISCAL YEAR 1963-64. ($l.lO) After hearing read in full the title of Ordinance No. 1902 and having knowledge of the contents therein, Councilman Krein moved the reading in full of said Ordinance be waived. Councilman Schutte seconded the motion. MOTION UNANIMOUSLY CARRIED. On roll call the foregoing Ordinance was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Schutte, Krein and Coons. Nonea Dutton and Chandlera Mayor Coons declared Ordinance No. 1902 duly passed and adopted. ,""'~~-';"";;;;;'';;'~,;,+-,...,-,. "''''-'''-/-._,i,;",i'r,-=__,'_',,'C;'- ;""W' 07lt<1 7049 City Hall. Anaheim. California = COUNCIL MINUTES - Septemb~r 3. 1963_ 3:00 P.M. ORDINANCE NOa 1903: Councilman Schutte off~T~d Ordinance No. 1903 for final readinga Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (C-O - 63-64~14, Parcel 2) After hearing read in full the title of Ordinanc~ No. 1903 and having knowledge of the contents therein, Councilman Coons moved the reading in full of said Ordinance be waived. Councilman Schutte seconded the motionQ MOTION UNANIMOUSLY CARRIED. On roll call the foregoing Ordinance was duly passed and adopted by the following vote: AYES: COUNCILMEN: Schutte and Coons. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Dutton and Chandler. ABSTAINED FROM VOTING: COUNCILMAN: Krein. Mayor Coons declared Ordinance No. 1903 duly passed and adopted. ORDINANCE NO. 1904: Councilman Krein offered Ordinance No. 1904 for final readingo Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONINGa (C-.O ~ 63-64-l4, Parcel I) After heaTing read in full the title of Ordinance No. 1904 and having knowledge of the contents therein, Councilman Krein moved the reading in full of said Ordinance be waived. Councilman Schutte seconded the motion. MOTION UNANIMOUSLY CARRIEDQ On roll call the foregoing Ordinance was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Schutte, Krein and Coons. None. Dutton and Chandler. Mayor Coons declared Ordinance NOa 1904 duly passed and adopted. ORDINANCE NO. 1905: Councilman Krein offered Ordinance No. 1905 for first readinga AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE l4, CHAPTER l4.40, SECTION l4a40.050 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO SPEED LIMITS. (30 Miles Per Hour, Gilbert St~ between Lincoln and Crescent Avenues) After hearing read in full the title of Ordinance No. 1905 and having knowledge of the contents therein, Councilman Krein mo~d the reading in full of said Ordinance be waived~ Councilman Schutte seconded the motiono MOTION UNANIMOUSLY CARRIEDQ ORDINANCE NO. 1906: Councilman Schutte offered Ordinance No. 1906 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (61-62-30 - C-I, McVay Property) After hearing read in full the title of Ordinance No. 1906 and having knowledge of the contents therein, Counrilman Krein moved the reading in full of said Ordinance be waived~ Councilman Schutte seconded the motiona MOTION UNANIMOUSLY CARRIED. '~';'"''''''''_'''+''"_'''"O;..."".,.....",-.",.''O'_~..'''''''"' . -,..,>'II~- , ""6(5"0 7050 City Hall. Anaheim. California - COUNCIL MINUTES- September 3. 1963. 3:00 P,M. ORDINANCE NO. 1907: Councilman Krein offered Ordinance No. 1907 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (62-63-90 - R-2) After hearing read in full the title of Ordinance No. 1907 and having knowledge of the contents therein, Councilman Krein moved the reading in full of said Ordinance be waived. Councilman Schutte seconded the motion. MOTION UNANIMOUSLY CARRIEDa ORDINANCE NOo 1908: Councilman Krein offered OTdinance No. 1908 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (62-63-92 ~ R-3) After hearing read in full the title of Ordinance No. 1908 and having knowledge of the contents therein, Councilman Krein moved the reading in full of said Ordinance be wai ved. Councilrra n Schutte seconded the motion. MOTION UNANIMOUSLY CARRIED. ORDINANCE NO. 1909: Councilman Schutte offered Ordinance No. 1909 for first readingG AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (61-62-69(7) - M~l and P-L) After hearing read in full the title of Ordinance No. 1909 and having knowledge of the contents therein, Councilman Krein moved the reading in full of said Ordinance be waived. Councilman Schutte seconded the motion. MOTION UNANIMOUSLY CARRIED. RESOLUTION NO. 63R-727: Councilman Schutte offered Resolution No. 63R-727 for adoption, establishing water rates for the transition period effective September 1, 1963, affecting consumers of the Dyke Water Company facilities being transferred to City of Anaheim. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 63R-306. On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Schutte, Krein and Coons. None. Dutton and Chandler. The Mayor declared Resolution No. 63R-727 duly passed and adopted. PUBLIC HEARING: Public hearing to consider the proposed amendments to Title 18, Chapter l8. 08, "Def ini tions 9'; Chapter 18 ~ 40, IIC-l, Ne i ghborhood Commerc i al Zone"; Chapter 18.48, "C-3, Heavy Commercial Zone"; Chapter 18.64, "Conditional Uses" and the adoption of service station minimum site development standards, was continued to September 24, 1963, 7:00 OIClock P.M., on motion by Council- man SChutte, seconded by Councilman Krein. MOTION CARRIED. ADJOURNMENT: motion. Councilman Schutte moved to adjourn. MOTION CARRIED. Councilman Krein seconded the ADJOURNED: 4:4~ P.M. SIGNED:~ M ~~':__,u City Clerk '~e":*"~",,.",,:~.,,;=,-,,~,:..;.._~,.;.-+;i": ,,--- I