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1970/01/1370-16 City Hall, Anaheim~ California - COUNCIL MINUTES - January 6~ 1970~ l:3.9_.P.~M. ADJOU~NT: Councilman Pebley moved to adjourn. Councilman Schutte seconded the motion. MOTION CARRIED. ADJOURNED: 3:00 P.M. City Clerk City Hall, Anaheim~ California - COUNCIL MINUTES - January 1.~3.~ 1970, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark COUNCILMEN: None ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Williams CITY ENGINEER: James P. Maddox ASSISTANT CITY ENGINEER: Ralph O. Pease ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Clark called the meeting to order~ INVOCATION: Reverend John K. Saville, of St. Michael's Episcopal Church, gave the Invocation. FLAG SALUTE: Councilman Schutte led the Assembly in the Pledge of Allegiance to the Flag. MINUTE.S: Minutes of the Anaheim City Council meeting held December 30, 1969, were approved on motion by Councilman Krein, seconded by Councilman Dutton. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pebley moved to waive the readimg in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen, unless after read- ing of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Schutte seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $913,336.79, in accordance with the 1969-70 Budget, were approved. REHEARING - VARIANCE NO. 2135: Public hearing on variance requested by Earl Harda- way for waiver of permitted uses in the C-R Zone, to establish an auto rental agency as a primary use in an existing restaurant facility, located at 711 West Katella Avenue, was continued from the meeting of January 6, 1970, at the request of Mr. George Harvey of National Car Rentals. 70-17 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 13, 1970~ 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC69-219, granted said variance, subject to conditions. An appeal was filed by Mr. Harvey, Authorized Agent, on the basis that their request was denied in part by the City Planning Commission. Public hearing was held by the City Council December 9, 1969, at which time, pursuant to Resolution No. 69R-701, said variance was granted, subject to conditions recommended by the City Planning Commission, amending Condition No. 9 thereof to permit fueling of their own vehicles, minor repairs, and washing of the vehicles. Subsequent to the action taken by the City Council, a petition signed by some of the motel operators in the area, requesting a rehearing, was filed. The petitioners were of the opinion that the action taken by the City Council permitting the pumping of gasoline, minor repairs, and washing of vehicles on the premises would have a deleterious effect on the sleeping units of their motels. A rehearing was authorized and scheduled January 6, 1970, and continued to this date at the request of Mr. George Harvey, Authorized Agent for the Applicant. Mr. Harry Knisely, Attorney representing the Applicant, reserving the right of rebuttal, suggested that since the issue was being reheard at the request of certain motel owners they be permitted to present their evi- dence first. Mr. Gordon Fisher, operator of the Waikiki Motel, 631 West Katella Avenue, representing the petitioners for rehearing, submitted written text of his presentation, setting forth objections to the proposed activity on the basis primarily of noise and disturbance to their tenants that would be created. A further concern was hours of operation and placement of night- time lighting. He noted that he and his neighbors, the Alpine Motel, own their properties whereas the proposed operator of the car rental agency was a monthly tenant. Reference was made to the City Planning Commission Minutes and the stipulations of the Authorized Agent, wherein it was stated that there would be no car washing or servicing with gasoline and that they were presL ently interested in car rentals only. Mr. Fisher questioned why, before the permit was granted, work was commenced on installing a gasoline storage tank. Mr. Fisher reported on his experience with the Econo-Car Agency and stated that this was a very small operation in comparison to National Car Rentals and that they never had less than 30 cars at their station and at peak.times there would be as many as 50 cars. He further reported on information obtained from Hertz Rent A Car and Avis Rent A'Car and stated , that they operate from a pool of 500 cars - the Alfa Car Rentals have 41 vehicles, and that according to information obtained from other aut~ rental agencies it was estimated that a fleet of from 100 to 200 cars would be necessary to operate effectively from subject location. Question was then raised as to where these vehicles would be serviced and parked. In conclusion, Mr. Fisher was of the opinion that the proposed use of subject property and size of the operation had not been adequately explained and that what is likely to be done was inappropriate on this parcel of property and will cause substantial financial hardship to the two adjacent motels. He thereupon requested the variance be denied in its entirety. Councilman Peble~ asked. Mr. Fisher if they would be opposed to an operation strictly~limited to a booking office only, with 'a maximum of 10 vehicles on the property at any one time, with no washing, mechanical work or gassing of vehicles. Councilman Pebley further noted that it appeared there was suf- ficient vacant industrial land on which these cars could be stored and ser- viced. 70~18 City Hall~ Anaheima. California - COUNCIL MINUTES - January 13, 1970~ 1:30 P.M. Mr. Fisher replied that they did not object to a car rental agency' and they recognized that such a service was a necessary convenience to the traveler. Councilman Dutton, in referring to letter submitted and read by Mr. Fisher, noted statement relative to the visibility of the operation from the Convention Center. He advised that the operation would not be visible from the Convention Center as it was directly ahzoss from the Jolly Roger Inn. He further noted that the same right has been granted Econo Car Rentals, ad- jacent to the Caravan Motel. Discussion was held by the City Council and it was noted that at the first public hearing held before the City Council n,o one appeared in ob- jection to the variance. Mr. Harry Knisely submitted plot plan of the proposed project, in- dicating the office area, the enclosed repair area and wash rack. As to "re- pairs" Mr. Knisely felt this to be a misnomer in that all the cars are 1970 models and at the age of 6 months are replaced; any so-called repairs are done on warranty and a true description would be "adjustments," a screw driver and pliers operation. He reported no mechanical car wash is proposed, that it would be a "hose operation" and run-off water would be controlled by the adequate drainage provided. Mr. Knisely felt that the only objectionable feature might be the one gasoline pump that by Code requirement must be 15 feet from the building and stated that they would be agreeable to screening the pump by a decorative block wall. He reported that the operation would be geared to the Disneyland area and Convention Center activities and the hours of operation would co- incide with their activities and be limited to early evening ho~rs. With the aid of a map posted on the east wall of the Council Cham- bers, Mr. Knisely noted the many service station sites abuttingmotels. In conclusion, Mr. Knisely reported that the National .Car Rental pool was located at the Orange County Airport, with servicing of the cars performed at that location, leaving ~ry minor servicing to be done on sub- ject property. Mr. Joe Poe, Chemist for Atlantic Richfield Oil Company, advised that to the best of his knowledge there would be no harmful .gasoline fumes in the motels caused by pumping gasoline a distance of 40 feet. Mrs. Hightower, operator of the Jack and Jill Motel, advised that it had been her experience with a service station adjacent to their motel that gasoline fumes are emitted and objectionable to the tenants of the motel, as well as the noise created by a service station operation. Mr. Knisely advised that Mrs. Hightower was referring to a full- fledged service station of perhaps 6 or 7 pumps and they were referring to one. He felt the operation proposed would be far less offensive adjacent to the Waikiki and Alpine Motels than a 24-hour restaurant. Mr. Fred Thierbach, 715 West Katella Avenue, operator of the Alpine Motel, noted that~the aPplicants had minimized the number of vehicles requir- ing servicing, washing, etc,, and asked if there is a pool from which these gars will come why install a gasoline pump and washing facilities for a mini- mum number of cars? Regarding the existing service stations adjacent to mo- tels, Mr. Thierback was of the opinion that the service stations were estab- lished before the motel.s and that this was a reverse-type situation. The Mayor asked ifanyone else wished to be heard; there being no response, declared the hearing closed. 70-19 Cit~ Hallm.Anaheimm California - COUNCIL MINUTES -January 13~ 1970~ 1:30 P.M. ~...During Council discussion, Councilman Clark stated he would not object to service facilities for the operation, requiring a variamce,.,if it was n°t, opposed by the neighbors; however, under the circumstances'he felt it was not necessary for a successful car rental operation, in that there were. many service stations in the area that could serve and wash the vehicles. , Councilman Dutton was of the opinion that the request to service their own cars would provide~them a more economical operation. RESOLUTION NO. 70R-19: Councilman Pebley offered Resolution No. 70R-19, amending Resolution No. 69R-701, granting Variance No. 2135, amending Con- .dition No. 9 thereof to read as follows: "That passenger automobiles only shall be rented from this facilitY, that parking on the property shall be limited for the rental of VehiCles and employee automobiles only and be the maximum number of cars that can be legally parked upon the property, and that no mechanical work, painting or car washing of automobiles or the pumping of gas shall be permitted on subject property." Refer to Resolution .Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 69R-701 GILA/~TING VARIANCE NO. 2135. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 70R-19 duly passed and adopted. CONTINUED PUBLIC HEARING- VARIANCE NO,. 2129: ApplicatiOn was submitted by Ernest Krause for permission to expand the Ivanhoe Motel, 434 West Katella Avenue,. from 42 units to 60 units, with waiver of required number of off- street parking to provide 40 parking spaces instead of 60. The City Planning CommiSsion, pursuant to Resolution No. PC69- 220, granted said variance, subject to conditions. Review of action taken by the City Planning Commission was ordered by the City Council and at the public hearing held December.16, 1969, pursuant to Resolution NO. 69R-713, said variance was denied.~ At said meeting of December 16, 1969, public hearing was re- opened at the request of the Applicant and continued to this date, to al- low for an in-depth study of the adequacy of present Code parking require- ments for motels and hotels in the C-R Zone. · :. Mr. Thompson briefly explained survey made by the Development ServiCes~Division.(copy submitted to each Councilman).of some of the mo~els in the C-R Zon~Of comparable size and also including one hotel.~ He re- ported that there was a wide range of parking to the motel, rooms in the Disneyland Area and that this varies month-to-month and day-to-day. The survey indicated that it would appear that the 1 to 1 ratio would be ade- quate at all times, however, it was felt that a slight reduction from the present 1 to 1 ratio would be appropriate and thereupon recommended a re- duction to .8 spaces per occupied room. Mr. Thompson further.reported that the variance under considera- tion is for .66 spacesper room and.~ted that the audited report of the Ivanhoe Motel indicates that they have never exceeded this number, however, if management changes the situation could be different. Mr. Ken Krause, representing the Applica~ advised that he was satisfied with the survey taken, however, during th~ recent holidays a survey of his own operation revealed a maximUm of 18 cars on the property for the 42 rooms. 70- 20 Ci. ty Hall~ Anaheimz California - COUNCIL MINUTES - January 13~ 1970 ~.. ..1: 30 P.M. Mr. Krause again referred to the progress made in air travel and felt Anaheim should be ready to accommodate the additional visitors that will be arriving by air and also felt reduci~g the parking code requirements was a step forward. It was noted that if the parking requirements were reduced to .75, eight of the additional rooms would be forfeited. Regarding the possibility of a change in ownership, Mr. Krause felt that if the motel was sold it would be a sale of the business and any purchaser would be foolish not t° take advantage of a business that has taken over five years to establish. The Mayor asked if anyone else wished to address the City Council; hearing no response, declared the hearing closed. RE.~OLUTION NO. 70R-20: Councilman Clark offered Resolution No. 70R-20 for adoption, rescinding Resolution No. 69R-713 and granting Variance No. 2129, as requested, subject to the recommendations of the City Planning Commission. Refer to Resolution Book. A RE$OLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING vARIANCE NO. 2129 AND RESCINDING RESOLUTION~NO. 69R-713. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 70R-20 duly passed and adopted. PROPOSED AMENDMENT TO TITLE 18: On motion by Councilman Pebley, seconded by Coun- cilman SchUtte, the City Planning Commission was requested to initiate pro- ceedings to consider a reduction of the Parking Code Requirements for Motels and Hotels in the C-R Zone from the 1 to 1 ratio to .75 to 1 ratio. MOTION CARRIED. PUBLIC HEARING - RECLASSIFICATION NO. 69-70-28: Submitted by Sherrill J. Pohlman, requesting a change of zone from R-A to C-1. Property described as being located on the north side of Lincoln Avenue, east of Gilbert Street. The City Planning Commission, pursuant to Resolution No. PC69-250, recommended said reclassification, subject to the following conditions: 1. That all engineering requirements of the City of Anaheim along Lincoln Avenue, including preparation of improvement plans and installation of all improvements, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the office-of the City Engineer; that street lighting facilities along LinColn Avenue shall be installed as required by the Director of Public Utilities and in'accordance with standard plans and specifications on file in the office of the Director of Public Utilities; that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above mentioned requirements. 2. That the owner of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Lincoln Avenue for tree planting purposes. 3. That trash storage areas Shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 4. That fire hydrants shall be installed as required and deter- mined to be necessary by the Chief of the Fire Department. 5. That a 6-foot masonry wall shall be constructed along the north property line. 70-21 City Hall~ Anahetm~ ~alifornia - COUNCIL MINUTES - January 13~ 1970'~ 1:30 P.M. ~" '6.. That a parcel map to-record the approved division of ~ubject propertY he"submitted to and approved by the City of Anaheim and theft be redo'~ded in the office of the Orange County' Recorder. 7. That subject property shall be served by underground utili- ties. 8. That ali air-conditioning facilities shall be Properly shielded from view, and the sound buffered from adjacent residential homes. 9. That any parking area lighting proposed shall be down-light- lng a maximum height of 6 fee~, which lighting shall be directed away from 'the property lines to protect the residential integrity of the area. 10. Prior to the'ihfrOducti°n of an ordinance rezoning subject property, Condition Nos. 1 and 2, above mentiQned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City COuncil Unless Said conditions are complied with within 180 days from the date hereof or such further time as the City Coun- cil may grant. 11. That Condition Nos..3, 4, 5, 6, 7, 8, and 9, above mentioned, shall be complied' with prior to final building and zoning inspections. Mr. Roberts noted the location of subject property, the uses es- tablished, and existing zoning in the area. He briefed the evidence sub- mitted to and considered ~y the City Planning Commission. He noted that subjec~ Property, consisting of two parcels, are portions of a larger par- cel, the northern portion of which was recently approved for rezoning from R-A to R-3 (69-70-24). Mayor Clark asked if anyone wished to address the City Council; hearing no response; declared the hearing closed. RESOLUTION NO. 70R-21: Councilman Krein offered Resolution No. 70R-21 f~r adoption, authorizing the preparation of necessary ordinance changing the zone as requested, subject to the'recommendations of the City Planning Com- mission. Refer to ResOlution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (69-70-28 - C-l) Roll Call' Vote: AYES: COUNCILMEN':. DUtton, Krein, Schutte, Pebley and Clark NOES': 'CouNCILMEN:' None ABSENT: COUNCILMEN: None TheMayor declared Resolution N°. 70R-21 duly passed and adopted. PUBLIC~H~AR!~G - RECLASSIFICATION NO~ 69'70-30: Initiated by 'the City Planning' C6misSibn"to conSider'a change of Zone~'from County ~1 to City R-A, t° es- tablish a holding zone for sUbject property upon annexation into the'City of Anaheim. Property briefly described as located east of Blue Gum Street, between Miraloma Avefi~e and'COronado'Street, further described as the Mira- loma-Coronado'Annexation. ' The City Planning Commission, pursuant to ReSolution No. PC69-251, recommended said reclassification, sub}m~t to completion of annexation pro- ceedings ? to and considered bY the City Planning Co~tSsion. -- 70-22 City Hallt A~.aheim, California - COUNCIL MINUTES - January 13.~ 1970~ 1.:30 P.M. Jesse Black, 15071 Coronado Street, requested clarification of this 'classification, inquiring whether they will retain the County M1 zoning and if the land can be used for either manufacturing or agricultural purposes, or both, at the present time. In response, Mr. Geisler stated that under this action the property could continue as agricultural, however, when ready for an M-1 development, and upon compliance with conditions established by a resolution of intent to rezone the property M-l, the M-1 ordinance would be adopted and the use thereafter would be restricted to industrial uses. Mayor Clark asked if anyone else wished to address the Council. Mr. Arvel Collins, 1246 Eastwood Drive, questioned if the property owners could proceed with M-1 development in the near future, to which he re- ceived an affirmative reply. Mayor Clark asked if anyone else wished to be heard, hearing no res- ponse, declared the hearing closed. RgSO~UTIO~ NO. 70R-22: Councilman Krein offered Resolution No. 70R-22 for adoption, authorizing preparation of necessary ordinance changing the zone as requested. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM~JNICIPAL CODE RELATING TO ZONING SHOULD ~E AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (69-70-28 - R-A) Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutt.e, Pebley and Clark None None The Mayor declared Resolution No. 70R-22 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 69-70-31: Initiated by the City Planning Commission to consider change of zone from R-A to M-i, on property briefly described as located on the.east side of Blue Gum Street, between Miraloma Avenue and Coronado Street, further described as the Miraloma-Coronado An- nexation, (69-70,30). The City Planning Commission, pursuant to Resolution No. PC69-252, recommended said reclassification be approved, subject to completion of an- nexation proceedings, and further subject to the following conditions: 1. That dedication shall be made to the City of Anaheim on all ' streets within the.area, according to the Circulation Element of the General Plan - Highway Rights-of-Way, prior to the adoption of ordinances rezoning the property. 2. That all engineering requirements of the City of Anaheim, such as curbs and gutters, sidewalks, street grading and paving, drainage facili- ties, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer, at the time the property is developed. 3. That the owners of subject property shall install street light- ing on all streets within the area, as required by the Director of Public Utilities and in accoDdance with standard plans and specifications on file in the office of the Director of Public Utilities, at the time the property is developed. 4. That a preliminary title report shall be furnished prior to the adoption of an ordinance rezoning the property, showing legal vesting of title, legal description, and containing a map of the property. 70-23 " .: ~..'..5,~ That ordinao¢es reclassifying the property shall be adopted ~.~,~s:~each parcel is ready t° comply'with:conditions pertaining to sUchlpar-~ i~¢~;~..provided, however, that the word "parcel', shal.1 mean presently ex- isting parcels of record and any parcel or parcels approved by tee City Council for a lot split. 6. That plans for the development of subject property shall be "'s~bmitted to and approved by th'e.~Development ReviewCommittee of the De- "vei~pme~t Services Department on/the basis :of compatibility Of'develOpment, both structurally and architecturally, Mayor Clark asked if anyone wished to address the City Council; hearing no response, declared .the hearing closed. . RE_S0.LUT~ON NO. 70R-23: .Councilman Krein o£fered Resolution No..70R-23 for :ad~pti°n,~ . authorizing, preparation of-necessary ordinance changing the zone as requested. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING,,.,. _ , THAT TITLE,: 18.'0F.~HE. ANAHEIM MUNICIPAL CODE RELATING TO' ZONING_. SHOULD. BE AMENDEDi AND THAT THE BOUNDARIES OF C~RTAIN ~ZONES . SHOULD BE CHANGED. (69-70-31 - M-l) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and' Clark COb-NC !LMEN: None COUNCILMEN: None The Mayor declared Resolution No. 70R-23 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 69-70-32: Submitted by Kwikset Corpora- tion, requ~sting a change of zone from R-3 to M-I; property located on the north side of South Street, between Olive Street and the Atchison, Topeka and Santa Fe Railway tracks. The City Planning Commission, pursuant to Resolution No. PC69- 264, recommended said reclassification, subject to the following condi- tions: 1. That the owner of subject property shall deed to the City of Anaheim a strip of land 32 feet in width from the centerline of the street along Olive Street including 15-foot radius property line .return for street widening purposes. 2. That all engineering requirements of the'City of Anaheim along South Street and Olive Street, including preparation of improvement plans and installation of all improvements, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall.be complied with as required by the City .Engineer and in accordance with Standard plans and specifications on file in the office of the City~,- Engineer; and that street lighting facilities along South Street and'Olive Street ~hall be installed as required by the Director of Public Utilities and in accordance with standard plans and specifications on ~file in the office of the Director of Public Utilities, and that a bond in an amount and form'satisfactory to the Ci~ of Anaheim shall be posted with the City ~o g~arantee.~the installation, of the above mentioned requirements. 3. That trash storage areas shall be provided in accordance with approved 91ans on file with the office of the Director of Public Works. . 4. That fire hydrants shall he installed as required and deter- mined~ to be.necessary by ~he Chief:of ~l~e Fire Department. ties. 5. That subject property ~[~all be served-by' underground 'utili- 6. BN&{nage of subject property shall be disposed ~f in a man- ner that is sat~[~actory to the City Engineer. 7, Th~~ all air-conditioning facilities sh~,l b~ properly shielded from view, and t~ sound buffered from adjacent reside. 70-24 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 13~ 1970~ 1:30 8. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1 and 2, above mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within 180 days from the date hereof or such further time as the City Council may grant. 9. That Condition Nos. 3, 4, 5, 6, and 7, above mentioned, shall be complied with prior to final building and zoning inspections, The City Clerk reported that Dr. Burger, owner of property to the south, verbally advised that he and his neighbor, Mr. Bill Willis, approved said reclassification. Mr. Roberts noted the 'location of subject property and advised that the request was made so that their total holdings would be in the M-1 zoning, thereby providing for future expansion of their facility. Councilman Schutte questioned whether the industrial developers would be required to erect a wall in that there was one single-family residence across the street to the south of subject property. · In reply to Mr. Schutte's inquiry, Mr. Roberts advised that when the property is developed for industrial use they will be required to main- tain a setback of 50 feet from the street. Mr. Roy C. Bolt, President of Kwikset, 516 East Santa Aha Street, submitted and read letter noting that present plans were for the development of 230 feet of the approximate 1,128-foot frontage along South Street. The balance of the frontage, or approximately 900 feet will remain indefinitely as an orange grove. He felt that improvement of the entire frontage along South Street and approximately 150 feet along Olive Street would create an undue financial hardship to them, and requested Condition No. 2 of the City Planning Commission's Resolution No. PC69-264 be waived until such time as the property is developed, with the exception of the easterly 230 feet. Councilman Krein suggested rezoning subject property in two actions with the portion scheduled for immediate development reclassified at this time and a Resolution of Intent for the balance of the property. It was noted that a Resolution of Intent 'was. no guarantee of M-1 zoning on the balance of the property tn that a future Council could reverse the action, and that until the property is developed there was no vested right in the zoning. In answer to Council questioning with reference to waiver of the improvements, Mr. Ralph Pease reported that in many cases the City Engineer has recommended temp6rary waiver of sidewalk requirements, but at no time has recommended waiver of curbs and gutters, and if the property is zoned in stages the procedure might require the filing of a parcel map. Mr. Bolt preferred reclassifying the entire parcel of property at this time, and thereupon agreed to necessary dedication and installation of curbs and gutters, including curb inlets for.drainage. The Mayor asked if anyone else wished to address the Council; hear- ing no response, declared the hearing closed. RESOLUTION NO. 70R-24: Councilman Pebley offered Resolution No. 70R-24 for adoption,-authorizing preparation of necessary ordinance changing the zone as requested, subject to the recommendations of the City Planning Commission, amending Condition No. 2 thereof, waiving Engineering requirements at this time, to be complied with at the time the property is developed, and prior to final building and zoning inspections, and eliminating the requirement of posting a bond to guarantee said requirements, with the exception of instal- lation of curbs and gutters, including curb inlets for drainage purposes. Refer to Resolution Book. 70- 25 ; City Rall~ A~,aheim~-·California- COUNCIL~M!NUTES - January. 13i 1970~ 1::30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING ~AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO~ · ZON~.I/~G .SHOULD BE AMENDED ANDTHAT THE BOUNDARIES OF CERTAIN ZONES, SHOULD BE iCHANGED. (69,70-32 - M-l) Roll Call Vote: AyEs':, COUNCILMEN: Dutton, Krein, Schutte, Pebley and:cla, rk NOEs: COUNCII~IEN: None ~BSENT: COUNCILMEN: None The Mayor declared Resolution No. 70R~24 duly passed and adopted. RECESS: Councilman Schutte moved .fOr al5-minute Recess. Councilman Krein seconded the motion. MOTION CARRIED. (3:35 P.M.). AFTER RECESS: Mayor Clark called the meeting to Order, all members of the - ~. City Council being present. (3:50 P,.M.). . . PUBLIC HEARING - VARIANCE 'No. 2140: Submitted by George F. Doherty, requesting utilization of an existing single-family residential structure as an art studio, with waiver of required 6-foot masonry:block wall. Property zoned R-! and b~iefly described as~located at ,the southwest corner.of Crescent Avenue and Fairhaven Street. ~ . : The City Planning Commission, pursuant to Resolution No. PC69- 249,~ denied said variance. ~ . Appeal.from action taken by the City Planning commission was ~ filed,~by the Applicant and public hearing before the City Council sched- . uled. ~ · Mr. Roberts noted the location of subject property and the ex- isting uses and zoning in the immediate area, noting that there exists- single-family residences to the West and south, a shopping center to the north, and.a parking, lot to·~the east. In summarizing the actions taken by ~he City...P~anning Commission, Mr. Roberts advised that the variance ~ , ~had been denied on the basis that there was no evidence a hardship existed;~ .that, approval would set a precedent for similar requests from the many homes having side-on lots adjacent to arterials; and that the~proposed use would be detrimental to the residential integrity of the area. .Mr, George F. Doherty, Applicant., addressed the Council and read a .letter of appeal, rebutting therein the allegations, of the Planning Com-. mission ~tndings that no hardship existed and that by the..granting of.said variance the residential integrity of the area would be destroyed, He advised that he is a commercial artist and essentially a one- man operation; that until recently he had his studio at 9774 Katella Avenue, that~ the ownership of this building changed and the new.owner raised the rent 300%. He stated that, being a small businessman he could not support this tremendous addition to his overhead. He further reported he' has owned subject property over 5 years and explained difficulties experienced in renting subject property. Mr. pointed out with the aid of a repdering.that the pro- party on the opposite side of Fairha~en is alz~ady zoned for commercial , use; that the land,to the north is occupied by the Euclid-Cr,escent Shop- ping Center, 'next to which is.a reetaurant, and that 'the 7.-story, Cali- ,fornta.Federal Savings and. Loan BU[[~iEg is at the intersection of Eucliid and Crescent ...... ~ · ..... ~' .. i~ ~ ::~. In answer to Council question, Mr. Doherty replied he ~ld not live in this house, there would be no machinery, there would be no increase in vehicular or walk-in traffic, as practically all his business is con- ducted at his custont~$' establishments, and that the only other employee would be his Wife, who keeps the books and does the secretarial work on a part-time basis. 70-26 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 1.~ 1970~ 1:30 P.M. The City Attorney reported that the operation described by the Ap- plicant closely resembles that of a "Home Occupation," with the exception that he will not reside on the premises. Council discussion ensued regarding the allowable uses in the R-1 zone and the nature of the business activity proposed by the Applicant. At the conclusion of Council discussion, Mayor Clark asked if any- one else wished to address the City Council. Mrs. Alice Barber, 551Fairhaven, stated she was the owner of the property adjacent to subject property and had no objection to the variance requested and was of the opinion it would be quieter than a residential tenant. The Mayor asked if anyone else wished to address the City Council; hearing no response, declared the hearing closed. RESOLUTION NO. 70R-25: Councilman Krein offered Resolution No. 70R-25 for adoption, granting Variance No. 2140, subject to the condition that the ac- tivity conforms to the provisions of a Home Occupation, as established in the Anaheim Municipal Code, with the exception that the activity may be permitted without living on the premises, and further subject to the following conditions: 1. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 2. That all air-conditioning facilities shall be properly shielded from view, and the sound shall be buffered from adjacent residential homes. 3. That any parking area lighting proposed shall be down-lighting a maximum height of 6-feet, which lighting shall be directed away from the property lines to protect the residential integrity of the area. 4. That the existing structure shall be brought up to minimum stand- ards of the City of Anaheim, including the Uniform Building, Plumbing, Elec- trical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. 5. That the final parking plan shall be approved by the Development Services Department, and any landscaped areas in the parking area shall be protected with 6-inch high, concrete curbs, and concrete wheel stops shall be provided for parking spaces, and the rear parking area shall be properly surfaced, as required by the Development Services Department. 6. That subject property shall be developed in accordance with the C-1 site development standards regarding retention and maintenance of exist- ing landscaping and that all parking shall be to the rear of the structure. 7. That Condition Nos. 1, 2, 3, 4, 5, and 6, above mentioned, shall be complied with prior to final building and zoning inspections. 8. The number of employees shall be limited to one. 9. That subject property shall be developed substantially in ac- cordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1 and 2. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2140. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 70R-25 duly passed and adopted. RIGHT-OF-WAY CERTIFICATION - A.H.F.P. PROJECT NO. 444: Councilman Krein moved that the Mayor and City Clerk be authorized to sign Certification in connection with the right-of-way for A.H.F.P. Street Improvement, Project No. 444, for Euclid Street, from La Palma Avenue to Crescent Avenue. Councilman Schutte seconded the motion. MOTION CARRIED. 70-27 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 13~ 1970, 1:30 P.M. DEEDS OF EASEMENT: Councilman Schutte offered Resolution Nos. 70R-26 and 70R- 27 for adoption. Refer to Resolution Book. RESpLpTION NO. 70R-26: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT OF EASEMENT AND RIGHT-OF-WAY CONVEYING TU THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR STORM DRAIN PURPOSES. (Orange County Water District) RESOLUTION NO. 70R-27: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED AND AUTHORIZING PAYMENT THEREFOR. (SOUthern California Edison Company) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared ReSolution Nos. 70R-26 and 70R-27 dulypassed and adopted. PURCHASE OF EqUIPMEnT: The Assistant City Manager reported on informal bids received for the purchase of 6 - 100 KVA and 6 - 167 KVA, 12,000 Volt to 6,930 Volt Transformers, as follows: VENDOR TOTAL AMOUNT, INCLUDING TAX General Electric Company, Los Angeles - - - r - - - $11,484.90 Allis-Chalmers, Los Angeles ............. 12,089.70 McGraw-Edison, City of Commerce ........... 12,555.90 Westinghouse Electric, Los Angeles ......... 13,967.10 Moloney Electric, % Garland Affolter, Los Angeles - -14,975.10 On recommendation of the Assistant City Manager, Councilman Pebley moved that the bid of Allis-Chalmers, in the amount of $12,089.70, including tax, be accepted and purchase authorized as the lowest amd best qualified bid as the low bidder, General Electric Company, could not guar- antee delivery. Councilman Krein seconded the motion. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Dutton, seconded by Councilman Pebley: a. Financial and Operating Costs for the month of December,1969. MOTION CARRIED. ORDINANCE NO. 2764: Councilman D~tton offered Ordinance No. 2764 for adoption.. 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. (No Parking At Any Time - Portions of Harbor Boulevard) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Ordinance No. 2764 duly passed and adopted,~ ORDINANCE NO. 2770: Councilman Dutton offered O~d~mance No. 2770 for adoption. Refer to Ordinance B~ok. 70-28 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 13, 1970~ 1:30 P.M~ AN ORDINANCE OF 'THE CITY OF ANAHEIM AMENDING TITLE 14, cHAPTER %4.32, SECTION'14.32.!90 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO PARKING. (No Parking at Any Time - Portions of Lincoln Avenue and Brookhurst street.) ROll Call Vote: AYES: COUNCILMEN: .Dutton, Krein, ~ch~t~e, Pebley and Clark NOES{ COUNCILMEN:~ None · · ABSENT: ~'COUNCILMEN: None ~ The Mayor declared Ordinance No. 2770 duly passed and adopted.~ ORDINANCE NO. 2771: Councilman Pebley offered Ordinance No. 2771 for first read- · lng. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-26 - C-1 - Brookside Annexation) ALCOHO%IC BEVERAGE LICENSE APPLICATIONS: The following applications were presented by the Assistant City Manager to the City Council, for 'their information: a. Application submitted by Robert John perlick, for Off-Sale General, Original Transaction, for an Un-named business, 1212-18 South Dale Street, C-1 Zone. b. Application submitted by James Robert Fite, for On-Sale Beer and Wine, (Bona Fide Eating Place) Person-to-Person Transfer, for The Candy Store, 1116 Fountain Way, P-L Zone. c. Application submitted by Albert Patrick De Mascio, for New Off- Sale Genegal Alcbh~liC Beverage License, Original Application, for B & L Liquor, 937 South Euclid Street, C-1 Zone. d. Application submitted by Ernest David Rose, for On-Sale Beer and Wine (Bona Fide Eating Place) Person-to-Person Transfer, Premises-to- Premises Transfer, for The Soup Tureen, 619 North Anaheim Boulevard, C-2 Zone. No Council action was taken on said applications. REQUEST - SUGGESTED CHARTER AMENDMENTS: Communication dated January 5, 1970,from Mr. John F. Simpson, requesting certain Charter Amendments relative to the election of Mayor by the voters, increasing the Council membership, and area representation, be placed on the April, 1970 ballot, was submitted and ordered received and filed. PROPOSED BALLOT MEASURES - AMENDMENT TO POLICE AND FIREMEN RETIREMENT CONTRACT: Mr. James A. Bush, President, Anaheim Police Association, addressed the Coun- cil on behalf of the Police Association and Firemen's Association, request- ing their suggested amendments to the State Retirement contract previously submitted, not be placed on the ballot at this time. The Council indicated no further consideration would be given to.. placing"the~proposed measures~on the forthcoming April ballot. AMERICAN REVOLUTION BICENTENNIAL: Request received from Assembly Speaker Charles J. Conrad, relative to any city participation in the forthcoming Bicentennial Celebration, was referred to Mr. Bud Nagel, Public Information Officer. RESOLUTION NO. 70R-28 - MIRALOMA-CORONADO ANNEXATION: Councilman Dutton offered Resolution No. 70R-28 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACKNOWLEDGING RECEIPT OF A PETITION FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY TO THE CITY OF ANAHEIM, DESIGNATING THE TERRITORY AS THE MIRALOMA-CORONADO ANNEXATION; DESCRIBING THE BOUNDARIES OF THE TERRITORY PROPOSED TO BE ANNEXED AND GIVING NOTICE OF THE DAY, HOUR AND PLACE WHERE AND WHEN ANY PERSON OWNING REAL PROPERTY WITHIN SUCH TERRITORY SO PROPOSED TO BE ANNEXED MAY APPEAR BEFORE THE CITY COUNCIL AND SHOW CAUSE WHY SUCH TERRITORY SHOULD NOT BE ANNEXED TO THE CITY OF ANAHEIM. (Public Hearing, March 10, 1970, 1:30 P~M.) 70-29 CitTHall~ Anaheim, California 7 COUNC!~ MINUTES - JanuarZ .~3.~ 1970; 1:.30 P.M.. EXECUTIVE SESSION: At the request of the City Attorney, Councilman Pebley moved to recess to Executive Session to discuss a matter concerning litigation. Councilman Clark seconded the motion. MOTION CARRIED. (4:30 P,M,)~... Ail members of the Council returned to the Council Chambers at the close of the Executive Session. (5:00 P.M.). EMIN~.NT DOMAIN LITIGATION: On report and recommendation of the City Attorney, it was moved by Councilman Krein, seconded by Councilman Schutte, that the Attorney be authorized to file appeal in the eminent domain litiga- tion case City of Anaheim vs. Michel and Wagner. MOTION CARRIED. ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Krein seconded ~the motion. MOTION CARRIED. ADJOURNED: 5:05 P.M. City Clerk City Hall; Anaheim; California - COUNCIL MINUTES - January 20; 1970~ 1:30 P.M. C The City Council of the City of Anaheim met in regular session. PRESENT': COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark ABSENT: COUNCILMEN: None PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler CITY-CLERK: 'Dene M. Williams CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Clark called the meeting to order. INVOCATION: Reverend william Di AUld, of St. Paul's Presbyterian Church, gave the Invocation. FLAG SALUTE: Councilman Pebley led the Assembly in the Pledge of Allegiance to the Fl a~. MINUTES: Minutes of the Anaheim City Council meeting held January 6, 1970, were approved on motion by Councilman Dutton, seconded by Councilman Krein. MOTION CARRIED. ~VER OF READING - ORDINANCES AND RESOLUTIONS: councilman Schutte moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen, unless after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNANI- MOUSLY CARRIED. of $331,713.92, in accordance with the 1969-70 Budget, were approved.