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1964/01/147403 City Hall~ Anaheim~ California - COUNCIL MINUTES .- .3anuary 14~ 1964~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT; ABSENT: PRESENT: COUNCILMEN: Dutton, Chandler, $chuzte~ Krein and Coons. COUNCILMEN: None. CITY MANAGER: Keith A. Murdocho CiTY ATTORNEY: Joseph Geislero CITY CLERK: Dene M. Williams. CITY ENGINEER: James P. Maddoxo ZONING COORDINATOR: Martin Kreidt. Mayor Coons called the meeting 4o order. MINLrfEs: Approval of the minutes of the Anaheim City Council meetings held December 24 and 31, 1963, was deferred one week, January 21, 1964. RESOLUTION NO. 64R-12: Councilman Krein offered Resolution No. 64R-12 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND DIRECIING IHE PAYMENI OF DEMANDS AGAiNSI IHE C IIY AS OF JANUARY 14, 1964. (Warrants Nos° 28980 to 293259 both inclusive~ totaling $1,150,171.68) On roll call the foregoing resolution was duly passed and adopted by the following vote; AYES: COUNCILMEN~ Dutton, Chandler~ $chutte, Krein and Coons NOES: COUNCILMEN~ None ABSENT~ COUNCILMEN~ None The Mayor declared Resolution No. 64R-12 duly passed and adopted. ORANGE COUNTY REGISTER TO VOTE MONTH - CITY CHAIRMAN: Mayor Coons reported his selection of the Chairman for Voter Registration Campaign, which was unani- mously ratified by the City Council, on motion by Councilman Chandler, seconded by Councilman $chutte. MOTION CARRIED. PUBLIC HEARING~ PROPOSED ABANDONM£NT~ Public hearing was held on proposed abandonment of a portion of Gum Road and an easement for road purposes, property located north and south of Wakefield Avenue, east of Euclid Street (Portion of lots 1~ and 15~ Tract 1475); pursuant to Resolution No. 63R-10~0, duly published in the Anaheim Bulletin January 2, 1964, and notices thereof posted in accordance with lawo The City Engineer reported that the proposed abandonment has cleared all interested City departments and outslde agencies, and that the other portion of Gum Road was abandoned by the City of Anaheim April 9, 1957. Mayor Coons asked if anyone wished to address the City Council for or against the proposed abandonment~ Mr. Marvin Fluegge, property owner in the area~ addressed the City Council regarding an irrigation pipeline which runs through a por- tion of Gum Road, and asked if he would have access for maintenance of said irrigation line, should the abandonment be accomplished° Mro Fluegge advised that he holds a right-of-way through the Farrow subdivision and an easement from a water company for use of the lines to furnish irrigation water 'to his property~ located north of the Orange County Flood Control Channel. Mrs. Craig, 11232 Wakefield Avenue, stated that she was speak- ing ~or herself and Mrs. Newman, owners of property on the west side of Gum Road~ and that they were in favor of the proposed abandonment. She further stated that access should not present a problem, since a gate would be necessary to allow access for maintenance of various public utility serviceSo Mr. Geisler advlsed that if the abandonment of an easement for road purposes was approved by the City Council, it would in no way affect any other private rights° 7404 City Hall~ Anaheim~ Califor.nla - COUNCIL MINUTES - January 14~ 1964~ 1:30 P.M. The Mayor asked if anyone else wished to address the City Council, there being no response, declared the hearin9 closed° RESOLUTION NO. 64R-13: Councilman Chandler offered Resolution No. 64R-13 for adoption~ Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF GUM ROAD AND AN EASEMENT FOR ROAD PURPOSES UPON, OV£R~ ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; AND RE- SERVING AN EASEMENT FOR PUBLIC OTILIT'? PURPOSES OVERT UNDER, ACROSS AND THROUGH SAID PROPERTY. AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolu'tion Nog 64R-13 duly passed and adopted. RECLASSIFICATION NO~ 63-64~58 AND CONDITIONAL USE PERMIT NO. 503: Submitted by ~va S. Bielanski, requesting change of zone from R-A to R-3 and p~rmiSsion to establish a 1-story mul'tiple family planned residential development and waiver of building separation and front yard requirements; property located on the south side of Crescent Avenue approximately 310 feet east of Dale Ave. (2760 Crescent Avenue). Public hearing was held December 17, 1963 at which time the hearin9 was closed and a~tion of the Council continued to this date for submission of revised plans° The City Clerk z~ead correspondence from petitioner dated January 13~ 1964~ requesting a fur'ther two week continuance. On motion b~ Councilman Du'tton, seconded by Councilman Schutte, Council action on Reclassification Nog 63-64-58 and Conditional Use Permit No. 503 was continued two weeks '[i.lanuary 28, 196~.~ 1:30 P.M.) MOTION CARRIED. SPACE ANALYSIS - CITY HALL: Consideration of the employment of a Space Analyst to determine future City Hall needs was continued from the meeting of December 24~ 1963. Inasmuch as the Ci~ty Hall Bond Proposal will not be placed on the April 14, 196a General Municipal Election ballot, it was determined that re- quired analysis could be prepared by City Staff. On motion by Councilman Schutte, seconded by Councilman Krein~ the City Manager was instructed to have said study prepared with staff personnel~ MOTION CARRIED. REQUEST - MOTEL EXPANSION: Communication da'ted December 20~ 1963, from Julius Nathan, requestin9 permission to expand existing 13-unit motel at 1836 Los Angeles Sto~ was submitted and reviewed by 'the City Council, together with plo~ plan and report from Planning Department - Development Review. Mr~ Nathan addressed the Council noting the location of his property, and advised that 'the rising cost of operating expenses and property taxes are making it economically unfeasible to operate his motel without the expansion. On the ad'vise of the City Attorney that the motel is a nonconformin9 use in an M-1 zone which, under the Zonin9 Code~ cannot be expanded without a proper zoning action, the applicant was advised to apply for a Conditional Use Permit or Rezonin9. CONDITIONAL USE PERMIT NO. 102 - EXTENSION OF TIME: Request dated December 20, 1963, from Reverend Walter J. Vernon on behalf of the First Congregational Church, was submitted for extension of time to Conditional Use Permit'No.102 for compliance with certain conditions pursuant to City Plannin9 Commission's Resolution No. 30~ Series 1961-62o City Manager read report from the City Engineer, recommending an extension of time be granted for masonry wall construction, subject to the payment of street lighting charges and installation o~ street improvements for the westerly 206 feet of t~e property along Sycamore Street. On motion by Counzilman Chandler, seconded by Councilman Du%~on~ one year extension of 'time from this date was granted in accordance with recommendations of 'the City Engineer. MOTION CARRIED. In answer to Reverend Vernon~ question, he was advised that an 7405 City Hall, Anaheim, California - COUNCIL MINUTES - January 14~ 1964~ 1:30 P.M. additional extension of time at a later date was possible, upon proper pre- sentation of evidence indicatin9 the need and necessity therefor° SPECIAL USE PERMIT NO. 73 - GARAGE MOVING REQUEST: Reques't of William C. Poirier, on behalf of the Young Men~s Christian Association, for permission to move a 20" by 28" garage building from 306 East South Street to their property at the northeast corner of Broadway and Loara Street, to serve as temporary storage for buildin9 materials and supplies pending completion of a new YMCA building, was submitted and reviewed by the City Council, together with re- port from the Building Department. Councilman Krein moved it be the finding of the City Council that the applicants are continuing with their activity in /he development of the property and that the request to move the garage building be granted. Council- man Schutte seconded the motion. MOTION CARRIED. RECLASSIFICATION NO. 63-64-31 AND VARIANCE 1602 - CLARIFICATION: Communication dated December 30~ 1963~ from Raymond Spehar requesting clarification of Con- dition No. 1 of Ordinance Nco 19569 pertaining to landscaping and a 2-foot wall requirement along the north and south lines of subject property, bI~iefly described as located on the east side of Euclid $to~ north of Crescent Street~ was submitted. Because of a possible conflict of interest, Councilman Chandler withdrew from the discussion and action on this issue. Mr~ Spehar addressed the Council advising that it was his opinion all were in agreement that the block wall wasn"t necessary as it was dividing a commercial use from an office use separated by a R~A zone which would very likely be developed commercially° Mr~ $pehar further adv~ed~ that the architect proposed a three foot landscaping area along the south ~nd north boundaries of the property which plans were approved by the City Planning Commission, and as he could see no need for the landscaping, he had changed the plans and presented the revised plans to the City Council, which he felt the Council had approved° As a result, he was under the impression that 'the block wall and the three foot landscaping requirements were both eliminated~ and in place of the three foot landscapin9 he would plant shade trees that could be used to better advantage in the parking areao Mr~ Spehar thereupon requested that both of these conditions be eliminated.> It was noted that the plans fo~- the high rise building adjacent to subject property did not include a requirement for a wall or landscaping on the south property lineo Excerpts of the City Council Minutes of the meeting held October 1~ 1963~ pertaining to the public hearing on Reclassification No. 63-64-31 and Variance Nco 1602 were read by' the City Clerko Council discussion was held and request to eliminate both re- quirements denied° To further clarify the intent of the City Council, it was moved by Councilman Schutte that it be 'the findinq of the City Council that the word "planting'" as referred to in Condi[tion Nco 1 of Reclassification No. 63-64-31 be determined to mean "tree planting at approximately 40-foot intervals on the north and south property iines of subject property~ and that the trees shall be protected with redwood headers and concrete bumper blocks". Councilman Dutton seconded the motion° MOTION CARRIED. RECLASSIFICATION NO. 63-64-44 AND VARIANCE NO. 1605 - RECONSIDERATION: Communi- cation dated December 31, 1963, from J. J. Ausilio, Agent for the petitioners, requesting reconsideration of Reclassification Nco 63-64-44 and Variance No. 1605, was submittedo The City Council at their meeting held November 18, 1963~ denied 7406 City Hall~ Anaheim~ California - COUNCIL MINUTES -3'anuar¥ 14~ 1964~ 1:90 P.M. subject applications for R,-3 zonin9 and for waiver of one-story height limitation and side yard setback requirements, to allow construction of a 35 unit apartment buildin9 with carports~ property located on the west side of Harbor Boulevard approximately 685 feet south of South Street (861 South harbor Boulevard). Mro John j. Ausilio~ 6022 5an Lorenzo Drive~ Buena Park, addressed the Council requesting reconsideration of subject applications on the basis that a previous application for C~2 zoning on the property was also denied (Reclassification No. 62-63-6). He was of the opinion that the entire city would be benefitted by the development of 'the land and the elimination of /he existing old residence~ which has been a target for vandalism. Mr, Ausilio stated 'that in reconsidering the subject application, it was hoped that some determination could be made as to what use would be most desirable for the property in que~tiono On motion by Councilman Chandler~ seconded by Councilman Dutton, request for reconsideration of Reclassification No. 62-64-4~ and Variance' No. 1605 was granted~ subject 'to payment of $50°00 filing fee~ public hearing to be held before the Git'y Coun2il, On roll call~ the foregoing motion received the following vote: AYES~ COUNCiLMEN's, Dutton, Chandler and Coons° NOES.. CO'ONCiLMEN; $chutte and Krein ABSENT: COUNCILMEN: None Mayor Coons declared the ~OTiON CARRIED. FINAL MAP~ TRACT NO. 5108: Developer~ $hattuck and McHone~ Inc,; tract located at the southeast corner of Orange and Dale Avenues and contains 57 R-1 lots. The Ci'ty Engi.neez reported said final map conforms substantially with the tentative map as amended and approved~ that bond has been posted and approved~ and required fee.s pT~id~ and recommended approval thereof. He noted that the City of Anaheim ~an not provide ~eweraqe facilities to the subject /ract~ therefor 'the service is b.ein9 provided b~ the $tanton County ~ater Dis- trier,, On 'the recommendations of the City Engineer~ Councilman Dutton moved Final Map~ Tract No. 5108, be :~pproved~ Councilman Chandler seconded the motion, MOTION CARR?£ED~ CONDiTiONAL USE PERMIT NO. 493: Ci'ty Planning Commission Resolution No. 1007, Series 1963-64~ amending Resolution No. 946, Series 1963-64, grantin9 Condi- tional Use Permit Nod 493 was submitted for Council information° Subject amendment deletes street dedication requirement for a portion of Manchester Avenue in Condition NOd 1~, and substitutes revised legal description eliminat- ing the northerly 150 feet of the westerly' 150 feet of subject property (Re- 'vision NOd 1~ "Exhibit No further action was taken on the above conditional use permit. CITY PLANNING COMMISSION iTEMS: Actions taken by the City Planning Commission at their meeting of December 23~ 1963, pertaining to the following applications, ~ere submitted for Gi'ty G0uncil information and congid~ra±ion: VARIANCE NO. 1612: Submitted by Southern Counties Gas Company, requesting permission to construct and operate a cabinet shop in conjunction with an exist- ing lumber yard~ property zoned P-1 and located on the east side of Topeka Street between Chartres Street and Lincoln Avenue (114 North Topeka Street). The City Planning Commission pursuant to Resolution No. 996, Series 1963-64~ granted said varian:e~ subject to conditions° CONDITIONAL USE PERMIT NO. 515: Submitted by Clarence Pettit, requesting permission to establish a dog kennel, and waiver of 1-acre residential agri- cultural area requirement to create two residential agricultural parcels of 7407 City Hall, Anaheim, California - COUNCIL MINUTES - January ~ ~ 19647 1:30 P.M. less than 1-acre in area; property located on the south side of Savanna Street approximately 1150 feet west of Knott Avenue (3640 Savanna Street). The City Planning Commission pursuant to Resolution No. 999, Series 1963-64, 9ranted said conditional use permit, subject to conditions. CONDITIONAL USE PERMIT NOo 516: Submitted by $o O. Eckstein, requesting per- mission to expand existing motel, R-A property located on the east side of West Street approximately 510 feet south of Katella Avenue (1840 South West Street). The City Planning Commission pursuant to Resolution No. 1001, Series 1963-64, granted said conditional use permit, subject to conditions. CONDITIONAL USE PERMIT NO. 517: Submitted by the United Brotherhood of Carpenters and 3others of America~ Local Union 2203, requesting permission to legalize a non-conforming use and expand an existing union assembly build- lng, recording office and mailing office; R-A property located on the south side of Vermont Avenue, approximately 600 feet west of Harbor Boulevard~ (608 West Vermont Avenue). The City Planning Commission pursuant to Resolution No. 1002, Series 1963-64, 9ranted said conditional use permit, subject to conditions. C.ONDITIONAL .USE PERMIT NO. 518: Submitted by Floriene Sandersfield, request- ing permission to establish a walk-up restaurant and waiver of required park- ing; R-A property located at the southeast corner of Orange and Knott Avenues. The City Planning Commission pursuant to Resolution No. 1000, Series 1963-64~ granted said conditional use permit, subject to conditions. CONDITIONAL USE PFRMIT NO. 521~ Submitted by Mary H. Hoskin, requesting permission to establish a dog kennel primarily for hobby purposes; R-A property located on the east side of Magnolia Avenue approximately 125 feet south of Rome Avenue (810 to 816 South Magnolia Avenue). The City Planning Commission pursuant to Resolution No. 1003, Series 1963-649 denied the appli.cation. The foregoing actions were reviewed by the City Council and no further action was taken on the above numbered Variance and Conditional Use Permit applications. CONDITIONAL USE PERMIT NO. 514: Submitted by Ben Hut 0il Company, requesting permission to construct a new service station on an existing service station site; R-A property located at the southeast corner of Brookhurst Street and Lincoln Avenue (2190 West Lincoln Avenue). The City Planning Commission pursuant to Resolution Nco 998, Series 1963-64, granted said conditional use permit subject to conditions. Reference was made to Condition Nco 10 of the City Planning Com- mission's Resolution~ reading as follows: "That a written agreement shall be submitted to and approved by the City Atlorney, said agreement stipulalin9 the. length o~ time lhe encroach- ment of the pump island, canopy, and piping shall be permitted, the responsi- bility for their removal and any liability incurred thereto~ on the dedicated portion of the Brookhurst Street frontage of subject property, and that said agreement shall be recorded in the office of the County Recorder prior to final building inspection." Mr. Hugh Lacy, representing the owner of the property, reported that grookhurst Sro is scheduled for widening in 5 to 8 years, according to the City En~ineer~ and further advised that they az, e willing to give necessary dedication for street widening, but in-the interim so that the pump island will not be blocked from view by the existlnq building to the south~ request permission to use the property dedicated to 'the City until widening of the street is accomplished, At that time~ they agree to move back at their 7408 City Hall~ Anaheim~ California - COUNCil MiNU!ES - January 14~ 1964~ 1..90 P.M. No further action was 'taken by the City Council. ,~,ARIAN,CE NO. 1613~ Submitted by Eugene A. Fahrion~ requesting permission to construct two apartment building~ on R-2 property located on the north- west corner of Broadway and Fahrion Place~ and further requesting waiver of the following condition~ 1o One-story height limitation, Side yard requirement~o 3. Required number of garages 'to permit construction of carports and open parking ~,paces~, The City Planning Commission puz. suant to Resolution No. 997, Series 1963-64,, denied said 'variance~ At the request of ~oun~ilman Schutte, review of Variance No. 1613 was ordered~ and the City Clerk authorized to schedule said Variance for public hearing~ TENTATIVE MAP~ TRACT NO, 5427 (RECLASSIFICATION NO. 63-64-71): Developer, Orco Building Inco; tract located west of Dwyer Drive between North Street and Westmont Drive~ consi$'ting of approximately 21-acres, and containing 10 proposed R-O lots~ and 58 proposed R-3 lots~ Request of LeRoy Rose~ Archi'tect, to continue action on said tentative map to be conoidered in conjunction with Reclassification No. 63-64-71~ was submitted and granted~ on motion by Councilman Dutton~ seconded by Councilman Kreino MOTION CARRIED° RESOLUTION NO. 64R-14: Councii~an Krein offered Resolution No. 64R-14 for adoptiono Refer to Resolution Book~ A RESOLUTION OF THE CITV COONCIL OF THE CiTY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC- TION AND COMPLETION OF A PUBLIC I. MPROVEMENT~ TO ~iT: FURNISHING AND iNSTALLiNG TRAFFIC SIGNALS AND $AFET'k: LiGHTiNG AT THE INTERSECTION OF BROADWAY AND OLIVE STREET? YN iHE CIT">!' OF ANAHEIM., JOB NO. 827; APPROV- iNG THE DES!GNS~ PLANS~ PROF~iLES~ DRAWINGS~ AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF I .AUTHO[~iZiNG THE CONSTRUCTION OF SAID PUBLIC IM- PROVEMENT IN ACCORDANCE WiTH SAID PLANS~ $PEC!FICATION$~ ETC,; AND AUTHORIZING AND DiRECTiNG ~[HE C!T?' CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR IHE CONSTRbCTiON ~HEREOF~ (Bids to be opened February 6~ 1964, 2:00 PoM.) On roll call the foregoing resolution was duly passed and adopted by the followin9 vote: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. NOES: COUNCILMEN~ None ABSENT~ COUNCILMEN: None The Mayor declared Resolution No. 64R-14 duly passed and adopted. RESOLUTION NO. 64R-15: Councilman Krein offered Resolution No. 6aR-15 for adoption° Refer to Resolution Book~ A RESOLUTION OF THE CITY' COUNCIL OF THE CiTY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC- TION AND COMPLETION OF A PUBLIC iMPROVEMENT,, TO WIT: FURNISHING AND INSTALLING TRAFFIC SIGNALS AND SAFETY' LIGHTING AT THE INTERSECTION OF BALL ROAD AND WALNUT $TREE¥~ iN THE CiTY OF ANAHEIM, JOB NO. 835; APPROV- 'lNG IHE DESIGNS, PLANS~ PROP'[LES., DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF~ AUTHORiZiNG [HE CONSTRUCTION OP SAID PUBLIC PROVEMENT IN ACCORDANCE WITH SAiD PLANS, SPECIFICATIONS, ETC. ~ AND AUTHORIZING AND DIRECTING IHE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOP THE CONSTRUCTION THEREOF. (Bids to be opened February 6~ 1964, 2:00 On roll call the foregoing resolution was duly passed and adopted by the following 'vote: 7409 Cil~Y H, iall~ Anaheim~ California - COUNCIL MINU/E5 - January 14~ 1964~ 1:30 AYES: COUNCIIJ~EN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCII~EN: None The Mayor declared Resolution No. 64R-15 duly passed and adopted. RESOLUTION NO. 64R-16: Councilman Krein offered Resolution NoG 64R-16 for adoption. Refer 'to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING IHAI PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRbCTION AND COMPLETION OF A PUBLIC IMPROVEMENT~ TO WIT: FURNISHING AND INSTALLING TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION O? BALL ROAD AND EUCLID $TREET~ IN THE CITY OP ANAHEIM~ JOB NO. 836; APPROVING IHS DESIGNS~ PLANS~ PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OP SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECI- FICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH ~ NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be open- ed February 6~ 1964~ 2:00 P.M.) On roll call the foregoing resolution mas duly passed and adopted by the following vote~ AYES~ COUNCILMEN: Du'tton, Chandler: Schutte~ Krein and Coons NOE$~ COUNCILMEN: None ABSENT ~ COUNC!LMEN ~ None The Mayor declared Resolution No~ 64R-16 duly passed and adopted. RESOLUTION NO. 64R-17: Councilman Ka-ein offered Resolution No~ 64R-17 for adoption. Refer to Resolution Book~ A RESOLUTION OF THE CITY COUNCIL OF THE C!T'? OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT~ TO WIT: CONSTRUCTION OF A STORM DRAIN IN DALE AVENUE FROM LINCOLN AVENUE TO '~ALE AVENUE~ AND iN YALE AVENUE FROM DALE AVENUE TO COLGATE AVENUE~ IN THE CIT'? OF ANAHEiM~ J'OBo NO. 838; APPROVING THE DESIGNS, PLAN$~ PROFILE$~ DRAWINGS AND SPECiFiCATiONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAiD PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLAN$~ SPEC!FICATION$~ ETC.; AND AUTHORIZING AND DIRECTING /HE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION /HEREOF. (Bids to be opened February 6~ 1964, 2;00 P.M.) On roll call 'the foregoing resolution was duly passed and adopted by the following vote: AYES~ COUNCILMEN.' Dui'ton, Chandler~ Schu'tte~ Krein and Coons NOES: COUNC !LMEN ~ None ;~BSENT: COUNCIL~EN~ None The Mayor declared Resolution No. 64R-17 duly passed and adopted. PROJECT NO. 111 - CHANGE ORDER NO. 1; On the recommendations of the City Engineer, i i i I i ii i i l Councilman Chandler moved that Change Order No. 1, in the amount o~ $2,555.18, consisting of extra material and work necessary for the La Palma Street Improve- ment, Project No. 111, be approved. Councilman Dutton seconded the motion. MOTION CARRIED. RESOLUTION NO. 64R-18: On the certification of 'the Director of Public Works that Sully-Miller Contracting Company has completed the construction of the La Palma Avenue Street improvement~ Project No. 111, in accordance with plans and specifications~ Councilman Chandler offered Resolution No. 64R-18 for adoption~ Refer to Resolution Book. 7410 City Hall~ Anaheim~ California - COUNCIL MiNUIES - January 14~ 1964~ 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT~ LABOR~ SERVICES~ MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER~ FUEL AND WATER~ AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF LA PALMA AVENUE~ FROM ACACIA STREET TO EAST $TREET~ IN THE CITY OF ANAHEIM, PROJECT NO. 111. On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Dutton, Chandler, $chutte, Krein and Coons NOES: COUNCiLMEN~ None ABSENT: COUNCILMEN~ None The Mayor declared Resolution No. 64R-18 duly passed and adopted. RESOLUTION NO. 64R-19: On the certification of the Director of Public Works that Carroll Sager and Associates have completed the furnishing an~ installation of reading tables~ chairs~ and furniture for the Anaheim Central Library, Work Order No. 4502~ Items # 5 and 6~ in accordance with plans and specifica- tions, Councilman Dutton offered Resolution Noo 64R-19 for adoption. Refer 'to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF IHE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF THAT PORTION OF WORK ORDER NO. 4502 DESCRIBED AS FOLLOWS: ITEM #5~ READING TABLES AND CHAIRS--SECTiON #3 OF SPECIFICATIONS - FURNITURE~ AND ITEM #6~ BALANCE OF FURNITURE AND MISCELLANEOUS ITEMS--SECTION #3 OF SPECIFICATIONS - FURN!TURE~ FOR THE ANAHEIM CENTRAL LIBRARY AT BROADWAY AND HARBOR BOULEVARD~ iN THE CITY OF ANAHEiM~ iCarroll Sager and Associates) On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN; Dutton~ Chandler, $chutte, Krein and Coons NOES: COUNC !LMEN ~ None ABSENT: COUNCILMEN~ None The Mayor declared Resolution Noo 64R-19 duly passed and adopted. CIVIC CONVENTION CENTER: Mr. Murdoch reported that property selected for the pro- posed Civic Convention Center is located on the south side of Katella Avenue, approximately 660 feet we:~t of West Street. RESOLUTION NO. 64R-20: Discussion was held by the City Council, and 'at the conclusion ±hereof, Councilman $chutte offered Resolution No. 64R-20 for adoption° Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCiiL OF THE CiTY OF ANAHEIM DETERMINING THE NECESSITY FOR~ AND DIRECTING THE ACQUISITION BY EMINENT DOMAIN OF, REAL PROPERTY FOR CIVIC CONVENT.iON CENTER PURPOSES. On roll call tho ~oroooin9 raso]utlon was duly passed and ad°pied by the followin9 vote: AYES: COUNCILMEN: Dutton, Chandler~ Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN~ None ~ The Mayor declared Resolution Noo 6aR-20 duly passed and adop±ed. 7411 City Hall: Anaheim: California - COUNCIL MINUTES - January 14~ 1964~ 1:30 P.M. CLAIM AGAINST THE CITY: Claim filed by 3ohn A. Eakin and Bessie L. Eakin for loss of active use of a portion of their property resulting from construction of a storm drain purportedly in such a manner as to cause diversion of storm or drain water onto and through their property~ was submitted° Said claim was denied and referred to the City Attorney, on motion by Councilman Dutton, seconded by Councilman Chandler. MOTION CARRIED. DEEDS OF EASEMENT: Councilman Krein offered Resolutions Nos. 64R-21 and 64R-22, for adoption. ., Refer to Resolution Book° RESOLUTION NO. 64R-21: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Marshall Ray and Dorothy R. Bau¢om) RESOLUTION NO. 64R-22: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERIY FOR AN EASEMENT FOR PUBLIC UTILITY PURPOSES. (Arion Inc.) On roll call the foregoing resolutions were duly passed and adopted by the following vote: AYES: COUNCILMEN: Dutton~ Ghandler~ Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolutions Nos. 64R-21 and 64R-22 duly passed and adopted. ANAHEIM CHAMBER OF COMMERCE RECOMMENDATION$~ Communication dated December 30, 1963, from the Anaheim Chamber of Commerce recommending a program of Industrial Development and selection of an Industrial Coordinator~ was submitted for Council consideration. On motion by Councilman Chandler~ seconded by Councilman Dutton, said recommendation was ordered received and filed for further consideration at a future date~ MOTION CARR'~ED. CQRRESPONDENCE: The following correspondence was ordered received and filed, on motion by Councilman Dutton, seconded by Councilman Krein: a. Diehl, Evans and Company report of examination of the financial statements of the City of Anaheim covering the quarter ended September 30, 1963. b. Feather River Project Association Notice of Board of Director's Meeting on Friday~ January 249 1964. MOTION CARRIED. ORDINANCE NO. 1963: Councilman Dutton offered Ordinance No. 1963 for final reading. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (63-64-55 - R-A). After hearing read in full the title of Ordinance No. 1963 and having knowledge of the contents therein, Councilman Dutton moved the reading in full of said ordinance be waived. Councilman Chandler seconded the motion. MOTION UNANIMOUSLY CARRIED. On roll call the foregoing Ordinance was duly passed and adopted by the following vote: 7412 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - January 14~ 1964~ 1:30 P~Mz AYES; COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES.. COUNCILMEN: None ABSENT: COUNCILMEN: None Mayor Coons declared the foregoing Ordinance No. 1963 duly passed and adopted. RESOLUTION NO. 64R-23~ Councilman Chandler offered Resolution No. 64R-23 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CHIEF OF POLICE TO PLACE AND MAINTAIN, OR CAUSE TO BE PLACED AND MAINTAIN- EDp FOR TEMPORARY PERIODS OF 'rIME SUCH APPROPRIAIE SIGNS, SIGNALS OR OTHER TRAFFIC CONTROL DEVICES AS MAY BE NECESSARY TO CARRY OUT PROPERLY THE PROVISIONS OF THE CALIEORNIA VEHICLE CODE OR THE ANAHEIM MUNICIPAL CODE, OR TO WARN OR GUIDE TRAFFIC. On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN; Dutton, Chandler, Schutte, Krein and Coons NOES; COUNCILMEN; None ABSENT.. COUNCILMEN-. None The Mayor declared Resolution No. 64R-23 duly passed and adopted. ORDINANCE NO. 1964: Councilman Krein offered Ordinance No. 1964 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.20 OF THE ANA- HEIM MUNICIPAL CODE BY ADDING SECTION 14.20.100, RELATING TO ONE-WAY STREETS. (Durst Street - one way westbound, 3:00 to 6:00 P.M.) After hearing read in full the title of Ordinance No. 1964 and having knowledge of the contents therein, Councilman Dutton moved the readin9 in full of said ordinance be waived~ Councilman Chandler seconded the motion. MOTION UNANIMOUSLY CARRIED. ORDINANCE NO. 1965: Councilman Schutte offered Ordinance No. 1965 for first reading. AN ORDINANCE OF THE CiTY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (63-64-53 - C-l) After hearing read in full the title of Ordinance No. 1965 and having knowledge of the contents therein, Councilman Dutton moved the reading in full of said ordinance be waived~ Councilman Chandler seconded the motion. MOTION UNANIMOUSLY CARRIED° ORDINANCE NO. 1966: Councilman Dutton offered Ordinance No. 1966 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (62-63-107 - R-3) After hearing read in full the title of Ordinance No. 1966 and having knowledge of the contents therein, Councilman Dutton moved the reading in full of said ordinance be waived. Councilman Chandler seconded the motion. MOTION UNANIMOUSLY CARRIED. ALCOHOLIC BEVERAGE LICENSE APPLICATION: Application submitted by George William Thomason, for Person to Person Transfer of On-Sale Beer license, for The Tiki Room, 910 North Los Angeles Street~ (C-2 zone) was presented by the City Mana- ger to the City Council for their information No Council action was taken on said application. 7413 City Hall: Anaheim~ California - COUNCIL MINUTES - January 14~ 1964~ 1:30 P.M. ALCOHOLIC BEVERAGE LICENSE APPLICATION: Application submitted by Harry Wood Stephenson, for New On-Sale Beer license~ for The Round Table~ 2623 West Lincoln Avenue, (R-A zone), was presented by the City Manager to the City Council for their information. On motion by Councilman Chandler, seconded by Councilman Dutton the City Attorney was authorized to file protest against said application~ as Reclassification No. 63-64-40 for C-2 zoning pending on subject property has not been completed. MOTION CARRIED. STATUS REPORT - HOMER AND SWAN STREETS ABANDONMENT: Councilman Chandler requested a Status Report on the abandonment of Homer and Swan Streets in the area north of La Palma Park~ west of Lemon Street. MOTEL STANDARDS: Mayor Coons reported on contact made with Mr. Harold Smith, President of the Visitor and Convention Bureau, regarding formation o{ a committee to establish standards for the operation and maintenance of motels. He advised that Mr. Smith was in favor of the proposal and expressed his intention to appoint two representatives from the Visitor and Convention Bureau to said commi%te. RESTAURANT STANDARDS: Councilman Krein reported on conversation held with Dr. Edward Lee Russel, Orange County Health Officer, noting suggestions made that a committee of three men from Anaheim be appointed to meet with Dr. Russell, and further that those restaurants found to meet specifications of high maintenance operation standards could be issued a certificate for display, thereby encouraging others to qualify. E, xECuTIVE SESSION: On motion by Councilman Coons, seconded by Councilman Krein, the City Council recessed to Executive Session to consider an appointment of an Architectural firm to design the proposed Civic Convention Center. MOTION CARRIED. (3:50 P.M.) RECESS: City Council returned from Executive Session, 4:45 P.M., and recessed to 7:00 P.M., on motion by Councilman Goons, seconded by Councilman Chandler. MOTION CARRIED. AFTER RECESS: Mayor Coons called the meetin9 to order. (7:00 O'Clock) P.M. 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° ZONING COORDINATOR: Martin Kreidt. FLAG SALUTE: Mayor Coons led the assembly in the Pledge of Allegiance to the Flag. CONTINUED PUBLIC HEARING - SERVICE STATION STANDARDS: Public hearing to consider the proposed amendment to Title 18, Chapter 18.08, "Definitions"; Chapter 18.40, "C-l, Neighborhood Commercial Zone"~ Chapter 18.48, "C-3, Heavy Com- mercial Zone"; Chapter 18.64~ "Conditional Uses"~ of the Anaheim Municipal Code, and the adoption of service station minimum site development standards~ was held September 3, 1963, and continued to September 24~ 1963, and December 3, 1963; and further continued to this date, for review and recommendations o~ the City Planning Commission, which recommendations are as follows: (1) City Planning Commission Resolution No. 992~ Series 1963-649 recommending deletion of the definition of a filling station in Section 17.08.330, and the definition of a super-service station in Section 18.08.720, and that~ . ~'Definitions" be amended in lieu thereof, Chapter 18o08, . (2) City Planning Commission Resolution No. 993, Series 1963-64, recommending amendments to Title 18, Chap±er 18.40~ ~C-1, Nei9hborhood Commercial Zone", Chapter 18.48, "C-3, Heavy Commercial Zone", and Chapter 18.64, "Condi- tional Uses". 74].4 City Hall, Anaheim, California - COUNCIL MINUTES .- January .14~ 1964~ 1:30 P.M. (3) City Planning Commission Resolution No. 994, Series 1963-64, recommending the adoption of Service Station Minimum Site Development ~tandards. (4) City Planning Commission Resolution No. 995, Series 1963-64, rescinding Resolution No. 832, Series 1963-64. Mr. Kreidt reviewed the past history concerning suggested amendments noted above, which had been referred to a Service Station Study Committe, to prepare recommended "definitions", which were also considered by the City Planning Commission~ as well as proposed amendments to the Anaheim Municipal Code and the adoption of Service Station Minimum Site Develop- ment Standards. Each of the four resolutions noted above were reviewed~ and Mr. Kreidt explained reasons certain language was recommended, in an effort to provide a workable set of standards and definitions that will provide for a level of operation permitting service station operators to economi- cally operate, and still remove the objectionable activities included in some service station operations~ Discussion was held by the City Council, City Manager, City Attorney and Zonin9 Coordinator concerning the following; (a) The 'tonnage arrived for allowable vehicles. (b) Vested rights of existing service stations° (c) The term ~'occasional", and the meaning thereof. (d) The wall complimentary to service stations~ (e) Trailers~ and the size permitted to differentiate between light equipment and heavy equipment. (f) Location of stations at intersections of major primary or second- ary highways in commercial zones, by right, under certain conditions. (g) Location of service stations in the middle of the block, instead of at an intersectiono th) Occupied residential structure existing in a commercial zone, with- in specified distance to prohibit service s{ation development. ti) Corrections and amendments to City Planning Commission Resolution No. 993, Series 1963-64~ Section 18~40.010 - be amended by 'the addition of the following: "(31) Automobile Service Station, limited to those sites located at the intersection of two highways~ as designated on the Circula- tion Element of the General Plan, as Major, Primary or Secondary Highways, except where the site is within seventy-five (75) feet of any R-E, R-O, R-l, R-2~ or R-3, or any residential structure in an R-A Zone~' (balance of Section to remain the same). Correction changing Section 18~24.010(24) to Section 18'.48.010 (D-24), and Section 18.48.010(1-A) to Section 18.48.010(2-A). (j) ~.mendment to City Planning Commission No. 993, Series 1963-64; Section 180640020 (3) ~The following uses are determined to be incompatible with, and shall not be allowed in the R-E, R-O, R-l, R-2, R-3 and C-O Zones~' (addition of "C-O" Zone). (k) City Planning Commission Resolution No. 994, Series 1963-64, Exhibit "A" Amendment to; 5. There be added after~ ~"provided that no cabinet", the words "or rack". 7. (Be omitted)o Mayor Coons asked if Mro Clarke~ President of the $eruice Station Operators Association~ wished to address the Council. . Mr. Ralph Clarke, 1608 West Orangewood, Anaheim, advised that the "Definitions" were basically what the Ser'vlce Station Study Committee recom- mended; that the only item that might add confusion was the item concerning "trailers". Yurther~ it would be acceptable to the dealers as a group to delete this from the definitions~ and include this activity in an equipment rental ordinance. Regarding the definitions, Mr. Clarke felt they must be written to 7415 City Hall: Anaheim~ California - cO.UN.CIL MINUTES - Jan.uarY 14~ 1964~ 1:30 P.M. govern the progress of the City; that these as recommended were ones that they, as a group, felt they could comply with~ Further discussion was held concerning trailers, as a light neighbor- hood activity, wherein it was attempted to limit only rental of heavy equip- ment from service station operations. Consideration was given to possible limiting the number of trailers, or govern this activity by the number of axles, or the distance between axles, load capacity, or describing the equip- ment as "utility trailers". The suggestion was made to omit trailers from the definition, and assign a group to study types of rental equipment, including trailers and equipment assigned by "Rent Master~, such as lawn renovators, etc., or the possibility of controlling rental activities by conditional use permit. The Mayor asked if anyone else wished to address the Council. Mr. Lee Watts, 1727 West Park Lane, Santa Aha, asked if ice vending boxes would be an allowable activity at a service station site, It was reported that the use questioned was allowable only in a C-3 Zone~ Mrs~ Peters, 2645 Carnival Avenue, Anaheim, addressed the Council favoring the adoption of the Ordinance amending the Anaheim Municipal Code. In her opinion, the ordinance would encourage requirement of conditional use permits for service stations. Mrs~ Peters requested public hearings before the City Council on all conditional use permit applications for service station use~ in order for the City Council to have jurisdiction of these permits. It was explained to Mrs. Peters that the City Council presently has the control and jurisdiction over all actions taken by the City Planning Commission; that every action taken by the City Planning Commission is re- viewed by the City Council° The Mayor asked if anyone else wished to address the Council, there being no response, declared the hearing closed. Discussion was held by 'the City Council, it being determined that the question of trailers~ arterial highways~ and Item Nco 7 of Exhibit No. "A" pertaining to standards, appeared to be the only points of uncartainty. At the conclusion thereof~ it was moved by Councilman Schutte, seconded by Councilman Krein, that Council action be continued to January 21, 1964, 1:30 P.M., to establish some definition of trailers by size that would be allowable° MOTION CARRIED. RECESS: Councilman Dutton moved for a 15 minute recess~ Councilman Chandler seconded the motion. MOTION CARRIED. (9:05 P.M.) AFTER RECESS: Mayor Coons called the meeting to order, all the members of the City Council being present° P.~O~OSAL - DART CORPORATION:_ Mayor Coons announced that a proposal was submitted by DART Cora°ration December 24, 1963, to sponsor a monorail system to be ,con- structed between Dish,viand and Knott~ B~rry Farm, th~ ~pon~or~hip wouI~ involve a request by the City of Anaheim to the Federal Government to provide funds for engineering research and development of the project as proposed. In addition the City would be a party to any rights-of-waY franchises or Eminent Domain proceedings that might be involved in said rights-of-way. Consideration of said proposal was deferred to this date for an informal public hearing, and DART Corp. was requested to hold a press conference to apprise all of the news media of the details of the proposal so that publi~ cation could be made, and the people properly informed; in addition a request was made by the City Council that a financial statement of the firm be filed, and according to his information neither the press conference was held, nor the financial statement filed. 7416 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 14~. 1964.~ 1:~0 P.M. The Mayor asked Mr. Strizek if he wished to address the Council. Mr. Strizek, President of DART Corporation, advised that answers to the eight questions raised at the December 24th meeting were sent to the press and Ci±y Council. He stated that originally they planned the. project with private funds~ then it came to their attention that the Federal Government had appropriated monies for experimentation in Rapid Transit Systems; of the 85 million dollars appropriated approximately 28 million still remain in the fund. He noted that taxpayers have already paid into this fund. Mr. $trizek then asked Mr. Werner, an Associate, to read their reply to the questions raised° Mr. Oscar Werner identified himself as a stockholder in the corporation~and further advised that at one time he had been an officer of the firm temporarily. Statement was submitted in written form, and read by Mr. Werner and in general, briefly was as follows: Regarding the obligation of the City for any operation or maintenance of the system~ during the test period or subsequently there- to: The operation would be under the engineering control of DART and its Associate~ during the test period, and the corporation would be financially responsible for its subsequent operation. In their opinion it was not necessar~ a't this time, to deal with the question of finan- cial ability to operate the system~ after completion these facts and figures would be submit'ted to the City of Anaheim and the underwriters prior to the construction of the project° Regarding the requirement of relocation of utilities: Until a feasibility study is made~ no one can state exactly which utility may require relocation~ Regarding the cost of relocation of utilities or transmission lines: This would be considered as a part of 'the expense of construc- tion and operation of the system. Regarding possible cancellation or termination of the project, or the possibility of bankruptcy of the corporation: No obligation to the taxpayer will be affected~ legal consideration between the City of Anaheim, DART qorporation and the Underwriters, can be manifested upon completion of a Feasibility $'tudy~ The grant and financial responsibi- lity would not affect the city budget nor be a part of the regular operational matters of the City of Anaheimo Regarding the right of Eminent Domain, and the use of that power by the City for a project of this type: In their opinion the City would judiciously use the right of Eminent Domain should it be- come necessary° Regarding the corporation's financial ability: Sponsorship by the City of Anaheim and the acceptance of the qrant~ would be on a ba~i~ w~ere{.n ~e C{ty Counc{1 can determine both a financial and engineering ability and resources of the company at the time necessary monies are provided by the underwriters. Regarding the benefits that may accrue to the people of Anaheim: In their opinion they would be in the nature of more volume of business~ dollar mise and publicity wise~ and be a significant contribution in the Rapid Transit field. Regarding concurrence of Disneyland and Knotts Berry Farm: DART Corporation felt that both of these industries would become a part of the operation; however~ it was further determined that con- currence of these two major industries would have to be after deform%- 7417 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 14~ 1964~ 1:30 P.M. nation is made by the City of Anaheimo Regarding Rapid Transit problem being a local problem: Many reams of Dublication, congressional reports and hearings~ would be necessary to dissuade anyone from thinking the rapid transit problem is purely a local problem~ Regarding the Federal Government intervention: None of the trans- portation media of this country would have attained the magnitude of gigan- tic industries~ had it not been for Federal intervention. Regarding 'the feasibility of the project: From the testing of the transportation system wii1 come a full operationaI program, which wiI1 be of benefit to the peopie of the United $tates~ Regarding the evaluation of a test between two recreational centers: In their opinion the answer can best be determined by the acceptance of the Home Finance Agency~ if and when the grant is approved° Councilman Krein stated that very little is known about the Dart Corporation~ no list has been furnished of the officers~ directors~ or names of some of the stockholders, their capitalization, or the stock that has been issued, and was of the opinion the City Council should be better informed before entering into an agreement~ Mr. Strizek advised that they took over the Dart Corporation, on the 24th of December~ and they have not reviwed the books; however, they would be happy to furnish this information° He further advised that all they were requesting was the City's cooperation, that with the City's approval the firms of Boeing, and Food Machinery will join, and a survey can be made. ~ayor Coons felt before the City of Anaheim made such a request to the Home Finance Agency~ some indication should be received from the Federal Government as to whether or not this was considered a feasible and logic project° Mr. Strizek reported that the Federal Government knows about the Dart Corporation~ and the Duorail System as referred to in the Congressional Record. Mr° Murdoch advised that the Congressional Record referred to was general in nature and did not referred to this location. Discussion was held, it being noted that the proposed project would necessitate formation as a public utility, requiring an application to the Public Utilities Commission, that franchises within the City would be in the control of the local agency~ Councilman Chandler stated in his opinion Urban Rapid Transit was a local problem and not a direc't obligation of the Federal Government, that the development of the airlines was an obligation of the Federal Government for national defense, Councilman Chandler further stated it was his opinion thai the only possible use of a duorail transit between the two points mentioned, would be for an amusement ride; he noted it was not brought through any populated area and {elf that this type of experi- ment could not determine whether or not the general public would accept this type transportation as a permanent rapid transit system. Councilman Dutton stated he was opposed to the project outlined and referred to the act under the Housing Home Finance Agency~ noting the amount of money allocated for rapid transit for research and development and for feasibility studies; in his opinion this could not prove economi- cally feasible unless perhaps it was constructed between Anaheim and Los Angeles. Councilman button further felt that the government should only do those things that the people cannot do for themselves, and if the system was desirable~ private enterprise would find a way to accomplish the project, that in eastern states, where there are smaller areas of 7~ 18 City Hq. ll~ Anaheim, California - COUNCIL MINUTES - January ~4~ 1964~ 1:30 P.M. high density population, the project may be acceptable~ but here in the west people are still able to travel by means of private automobiles. Regarding Federal interven'tion, Councilman Dutton referred to the T.V.A. Project which started because of a naviqation and flood problem, and started with the construction of one dam in the amount of $150,000,000.00. He noted that the expenditure is now two billion dollars and there have been constructed thirty dams, which now provide for the generation of electricity that has been indirectly subsidized by the~Government. Councilman $chutte advised that he agreed with Councilman Krein that more information on the corporation, its officers and finances should be made available prior to any negotiations between the City and the company. The Mayor asked if anyone else wished to address the Council. Mr. Jay R. McEntee~ 218 Broadview Street, addressed the Council urging the City"s rejection of the proposal submitted by the Dart Corpora- tion~ stating his reasons therefor as contained in a prepared statement (Copy on file). Mr. McEntee stated he noted a thread throughout the text pre- sented by Mr. Werner, that progress is made as result of federal money and federal grants, and requires this type of funding to achieve pro- gress in the rapid transit problem. Mr. McEntee advised that he did not subscribe to this view and felt there were many others who did not. He advised that he whole-hear'tedly endorsed the attitude of the Dart Corporation of intending to construct the proposed project with their own funds~ and as he understood 'the matter they would be required to applv for a certificate of convenience and necessity to the Public Utilities Commission of the State of California, and necessary franchises would be required from the City of Anaheim. Even under free enterprise, he urged considerable ~aution and scrutiny on the part of the City on 9rantin9 any franchise~ The Mayor asked if anyone else wished to address the Council, there being no response, declared the hearing closed. Councilman Schutte asked the City Attorney what right Dart Corporation would have as a public carrier under the Public Utilities Commission. Mr. Geisler explained that as a public utility, they would have the right and power of Eminent Domain for necessary right-of-way however, it would be inaonceivabie to construct this system without necessary license or franchises from the City to cross public rights- of-way. Councilman Krein felt 'that even if the project was developed privately, the Dart Corporation would have to submit the information he first requested° The following letters of protest or caution were received from: R. E. Whittier~ M. D. J. M. and Betty-Jean Hay 3ohn H. Adrian~ M. D. Joan Dalton At the conclusion of the discussion, Councilman Coons moved'the City Council reject the request of Dart Corporation for the City of Anaheim to request federal grants to aid in the engineering and de- velopment of the Duorail System as requested. Councilman Krein second- ed the motion. Roll call on the foregoing motion: 7419 City Hall~ Anaheim~ California - COUNCIL MINIffE$ - January 14~ 1964~ 1:30 P.M. AYES; COUNCILMEN: Dutton~ Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Mayor Coons declared the foregoing MOTION UNANIMOUSLY CARRIED. PROCLAMAIION - ANGEL DAY IN ORANGE COUNTY: Mayor Coons read Proclamation declar- ing Thursday~ January 30th~ 1964~ "Angel Day in Orange County". Said Proclamation was unanimously ratified by the City Council, on motion by Councilman Dutton~ seconded by Councilman Chandler. MOTION CARRIED. AGREEMENT~ CITY OF ORANGE - WATER SERVICES: The City Attorney reported on negotiations between the City of Anaheim and the City of Orange~ to sell 20% of the capacity rights in the city's 16-inch water lines in thb Peralta Hills area~ and also to sell water on a temporary basis to the City of Orange, to serve a Lusk Subdivision in their area. On motion by Councilman Schutte, seconded by Councilman Krein, the City Attorney was authorized to prepare necessary documents in accord- ance with the terms outlined, subject to the condition that the sale of water would be for a period ending January let, 1966. MOTION CARRIED. ADJOURNMENT: Councilman Krein moved to adjourn, Councilman Schutte seconded the motion. MOTION CARRIED. ADJOURNED: 10:25 P.M. C'ity Clerk City Hall~ Anah.eim~ California ,-~ COUNCIL MYNUiE$ ,- January 21~ 1964~ 1:30 P.Mo The City Council of 'the City of Anaheim met in regular session. PRESENT: ABSENTI PRESENT: COUNCILMEN~ Dut-ton, Chandler~ $chut'te~ Krein and Coonso COUNCILMEN: None. CITY MANAGER~ Keith A. Murdoch~ CITY' ATTORNEYo~ Joseph Geisler~ CITY CLERK~ Dene M~ William$o CITY ENGINEER~ .Tames P. Maddox~ ZONING COORDINATOR.~ Martin Kreidt~ ASSiSTANI7 PLANNER: Marvin Krieger. WATER DIVISION SUPERINTENDENT: Gus Lenaino Mayor Coons called the meeting to order. ~INUTE$; On motion by Councilman Krein~ seconded by Councilman Dutton~ minutes of the Anaheim City Council meetings held December 24, and 31, 1963, and January 7, 1964~ were approved. MOTION CARRIED. RESOLUTION NO. 64.~.-2.~,: Pursuant to Resolution No. 63R-864~ approving and authorizing the execution of an agreement between the City of Anaheim and Southern California Edison Company~ relating to acquisition of Edison Company facilities by Eminent Domain~ Condemnation No. 3, Councilman Dutton offered Resolution No. 64R-24 for adoption~ Refer to Resolution Book