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1969/04/08
69-183 City Hall~ Anaheim, California - COUNCIL MINUTES - April 8, 1969, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley ABSENT: COUNCILMEN: None FRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph Bo Geisler CITY CLERK: Dene Mo Williams CITY ENGINEER~ James Po Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR~ Charles Roberts INVOCATION; Reverend Stanley J. Herber, of the Free Methodist Church, gave the Invocation. FLAG SALUTE: Councilman Schutte led the Assembly in the Pledge of Alle- giance to the Flag~ COUNCIL REORGANIZATION: The meeting was called to order by the City Clerk, who announced that according to Council Folicy No0 111, and action taken by the City Council on March 11, 1969, this was the date and time established for reorganization of the Council, and thereupon announced nominations were in order for Mayor of the City of Anaheim° Prior to nominations, and in answer to a question of Councilman Schutte regarding voting, Mr. Geisler reported on the Council Policy 103) and further advised if a Councilman "passed" and if the vote was not necessary to conclude the issue it would be no vote, however, in the case of a tie or a reason for another roll call vote, the Councilman who "passed" would then have another opportunity to vote on the issue. Councilman Schutte nominated Councilman Clark for the office of Mayor. Councilman Pebley nominated Councilman Dutton for the office of Mayor. There being no further nominations, Councilman Schutte moved nominations be closed. Councilman Pebley seconded the motion. MOTION CARRIED. Roll Call Vote on first nominee: Councilman Dutton - Pass Councilman Krein - Aye Councilman Schutte - Aye Councilman Clark - Aye Councilman Pebley - Pass Councilman Clark was declared elected Mayor for the City of Anaheim. The City Clerk announced that nominations were in order for the office of Mayor Pro-Tem for the City of Anaheim. Councilman Krein nominated Councilman Schutte Mayor Pro-Tem. Councilman Pebley moved nominations be closed. Councilman Clark seconded the motion° MOTION CARRIED° Roll Call Vote: Councilman Dutton - Aye Councilman Krein - Aye Councilman Schutte - Pass Councilman Pebley - Aye Councilman Clark - Aye Councilman Schutte was declared elected Mayor Pro-Tem for the City of Anaheim~ 69-184 City Hall, Anaheim, California ~. COUNCIL MINUTES Z A~EE~_8, 1969~ 1~30 PoMo Councilman Pebley moved that the City Clerk record a unanimous vote for the office of Mayor° Councilman Krein seconded the motion~ MOTION CARRIED. Mayor Clark assumed the Chair, and thanked his fellow Councilmen and the electorate who elected him to the office of Councilman. Mayor Clark further advised that he favored the electorate selecting the Mayor rather than the present method, and sincerely hoped that in the future this becomes a reality. He further advised, in voting for himself, he felt this was the nearest way of carrying out the expression of the voters who prefer the elec- tion of the Mayor by popular vote, as evidenced in the last Councilmanic Elec- tion. RECOGNITION OF MERITORIOUS SERVICE: Public award and special recognition of three young girls who rendered voluntary and valuable aid to the Anaheim Police Depart- ment in the case of an armed robbery of a grocery store by noting the license number of the get-away car, and giving this information to the authorities, resulting in the quick apprehension of the robbers, and complete recovery of the money stolen° Chief Mark Ao Stephenson accepted the three awards,on behalf of the girls, and thanked the City Council for the special recognition given° Chief Stephenson reported that as a result of the action by the three girls the sus- pects were in custody in less than fifty minutes° MINUTES: Minutes of the Anaheim City Council meeting held March 25, 1969, were ap- proved on motion by Councilman Dutton, seconded by Councilman Kreino Motion CARRIED° WAIVER OF READING - ORDINANCES AND RESOLUTIONS~ Councilman Krein 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 Dutton seconded the motion. MOTION UNANI- MOUSLY CARRIED° REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $808,511.67, in accordance with the 1968-69 Budget, were approved. CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 68-69-64 AND VARIANCE NO. 2048: Submitted by Carl H. Lindgren, et al, request{ng-a'~change ~n zone from R-A to R-3, and also requesting waivers of location of accessory buildings within the front 75% of the property; minimum distance between buildings; maximum distance of living units from a standard street, and maximum building height within 150 feet of an R-A zone, to establish an 85-unit, one and two-story apartment complex on property briefly described as located on the west side of Nutwood Street, south of Ball Road. The City Planning Commission, pursuant to Resolution No. PC69-15, recommended said reclassification be approved, subject to conditions, and pursuant to Resolution No~ PC69-16, granted said variance, subject to condi- tions~ Public hearing was continued by the City Council from the meeting of March 4, 1969, to allow revision of plans by the new proposed developer, and report thereon by the City Planning Commission° The City Clerk reported receipt of letter.-petition from Mrs. Robert J. Eckes, subsequent to the date said matter was continued, requesting the issue be considered at a night meeting.~ Mrs. Eckes advised that as a result of obtaining information that their request for a night meeting should have been made at the March 4th meet- ing, they were prepared to proceed at this time° Mr~ Charles Roberts noted the location of subject property, and re- ported that the revised plans had been reviewed and found to be substantially in accordance with the original plans submitted° 69-185 City Hall; Anaheim, California - COUNCIL MINUTES ~ April 8, 1969, 1~30 PoMo Mr0 David Co Maddox, 111 NOrth Western Avenue, Anaheim, proposed developer, reported that the reduction in units has been from approximately one hundred plus to 85~ He noted that the project will be by land assembly involving three owners, In explaining plans of development, Mr. Maddox stated that the 150-foot height limitation has been respected to the east, and the revised plans provide for more open space in the courtyard; the complex is designed for adult living, however, nc promise can be made that there would never be children in the complex. In explaining parking plans, he reported that they purposely pro- vided open space parking for visitors° Five other projects developed by Mro Maddox were shown, noting that the one: constructed in Garden Grove, being a Grecian-Mediterranean motif, would be similar to the one planned for subject property. Mr. Robert Eckes, 1867 Castle Avenue, reviewed past hearings on this issue in attempting to reclassify the property to the R-3 zone, and with the aid of a map delineating the Loara High School area, noted that Nutwood Street is the main route used to bring children from the surround- ing vicinity to the park and existing schools in the immediate area~ Mro Eckes was of the opinion that no change has been made in the revised plans, and thereupon submitted a petition of opposition, purportedly containing 510 gL°..natureso Mayor Clark asked if anyone had any new evidence to present. Mrs° Howard Roop, 1959 Chanticleer Road, advised that they pur- chased their home because of the close proximity to the park and schools, and did not look forward to their children having to pass a transient area, preferring that they pass the homes of their friends and neighbors. Another concern was the increased traffic created by such a complex. In conclusion, Mrs~ Roop stated that in her opinion the Proposed apartments will contribute nothing to the community° Mr. Ted Mahl, 1871 Chalet, reported that information obtained from~ one of his clients indicated that subject property could be developed as a condominium, which would realize a greater return to the owner than that pro~ posed~ Mrs° Robert Eckes, 1867 Castle Avenue, noted that all of the traf- fic generated by the project would be using Nutwood Street° Mrs. £~- .~.. thereupon r'e=.d a letter received from the Principal of the Francis Scott Key School, regarding their concern with reference to traf- fic on Nutwood Street~ advising that any situation that added to the traffic would be creating a greater safety prcblemo Mrs° Eckes advised that their primary objection was the projected densit7 of the development. In answer to a. quostion nf Councilman Pebley, to the Planning Staff, Mro Roberts reported that the density projected was approximately 27 units per net acre, and the R-.3 zone permitted a maximum of 36 units per net acre. Mrs. Jack Winnick, 1907 Chanticleer, related her contact concern- ing the property at the corner, presently ~or sale, advising that she was informed that if the proposed R-.3 zoning was approved it would be recom- mended for a drive-.in :pr walk.-up restaurant. Mrs~ Winnick felt that the close proximity of the schools would attract working couples with children to the apartment, because of the con- venience cf the schools~ In her opinion, the property could be developed R-2, 5~000~ 69-186 City Hall~ Anaheim~ California - COUNCIL MINUTES - ~ 1969~ 1:30 PoMo Mrs. Earl Brown asked the City Council if~ they could assure them that their children would not be subjected to obscene writing such as has been written on the nearby apartments. Councilman Dutton noted the effort of the City Council to develop and maintain a high class family community° He also noted that this type of thing would not necessarily be confined to apartment areas. In rebuttal to some of the comments made by those in opposition, Mr. Maddox displayed a rendering of the proposed project, advising that it would be revised somewhat for the purpose of keeping as close to the neigh- borhood as possible, tying in with the residential area° Mr. Maddox reported that of the approximately 375 units under their control, there is one 17-year old girl, and as stated previously, he could not promise that they would not rent to children, however, the complex is de- signed for adult living and the preponderance of the apartments are large, one-bedroom units. Further, survey of their own interests indicate that many of their tenants have been with them since the buildings were opened. He ad- vised that ~here was more control over the tenants than the neighbors had over their neighbors, and thereupon explained their rules and regulations and the questionnaire and investigation made prior to renting° In conclusion, l~iro Maddox extended an invitation to anyone interest- ed to inspect any of their developments° It being the general feeling that sufficient evidence had been pre- sented, Mayor Clark declared the hearing closed. RESOLUTION NOo 69R-179: Councilman Dutton offered Resolution No. 69R-179 for adoption, authorizing preparation of necessary ordinance changing the zone as requested, subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMIN- ING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (68-69- 64 - R-3). Roll Call Vote~ AYES: COUNCILMEN: Dutton, Schutte and Pebley NOES: COUNCILMEN: Krein and Clark ABSENT: COUNCILMEN: None The Mayor declared Resolution NOo 69R-179 duly passed and adopted. RESOLUTION NO. 69R-180: Councilman Dutton offered Resolution No. 69R-180 for adoption, granting Variance Noo 2048, subject to the conditions set forth by the City Planning Commission. Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF T~E CITY OF ANAHEIM GRANTING VARIANCE NO. 2048. Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte and Pebley NOES~ COUNCILMEN: Krein and Clark ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-180 duly passed and adopted. 69-187 City Hall~ Anaheim; California - COUNCIL MINUTES ~ ~pril 8~ 1963, 1:30 P.M. PUBLIC HEARING - RECLASSIFICATION NOo 68~-,69-62 AND VARIANCE NOo 2045: Submitted by Broadway Village of Anaheim, requesting a change of zone from R-A to R-3, and also requesting waivers of applicable site development standards of the R-3 zone to permit the construction of a 3.-.story, 66-unit apartment complex on property briefly described as l¢~cated on the south side of Cat- alpa Avenue, east of Mohican Avenue° The City Planning Commission, p~rsuant to Resolution Noo PC69- 34, recommended said reclassification be denied, and pursuant to Resolu- tion No. PC69-35, denied Variance Noo 20A. 5o Mr. Charles Roberts noted the location of subject property, and in summarizing the hearing before the City Planning Commission, advised that denial of both the reclassification and variance was recommended on the basis of the proposed density' and coverage on a local cul-de-sac street, which was considered to be too excessive and could be detrimental to the single-family homes within 150 feet, and further that an undesirable pre- cedent would be established. Mro Harry Knisely, 1741 South Euclid Street, Attorney represent- ing the Applicant, referred to the companion project, similar to the one now requested, advising that although it is not yet completed this luxury complex was 100% rented° He advised one difference in the development re- quested on subject property would be that the units would be larger and comprise both one and two-bedroom apartments. Mro Knisely felt that the major concern of the Planning Commiss- ion was that of traffic circulation° He reported that the City Staff De- partments were of the opinion that this would not pose a problem. In conclusion, Mr. Knisely stated that this is a type of project needed and has proven to be acceptable° Mrs~ Ruby Fulton, 1723 Catalpa Avenue, advised that she did not object to the reclassification, but was concerned about the existing un- sightly and dilapidated redwood fence° Mro Ronald Thompson replied that the fence referred to would be removed° Mro Knisely advised that the required 6=foot masonry wall, as a condition of approval, would be erected during construction of the project. There being no one else wishing to address the Council, Mayor Clark declared the hearing closed° RESOLUTION NO° 69R-181~ Councilman Dutton offered Resolution No. 69R-181 for adoption, authorizing preparation of necessary ordinance, changing the zone as requested, subject to the following conditions: 1o That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 30 feet in width from the centerline of the street, including a standard 50-foot radius cul-de-sac along Catalpa Ave- nue, for street widening purposes° 2, That street improvement plans shall be prepared and all ~n- gineering requirements of the City of Anaheim along Catalpa Avenue, such as curbs and gutters, sidewalks, street grading and paving, drainage facili- ties and other appurtenant work shall be completed 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 a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guar- antee the installation of said engineering requirements° 3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2°00 per front foot along Catalpa Avenue, for street lighting purposes. 4° That the owner(s) of subject property shall pay to the City of Anaheim the sum of 1.5¢ per front foot along Catalpa Avenue, for tree planting purposes° 69-~88 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 8, 1969, 1:30 P.M. 5. That Condition Nos. 1, 2, 3, and 4, above mentioned, shall be complied with within a period of 180 days from the date hereof, or such further time as the City Council may grant. 6. That the owner(s) of subject property shall pay to the City of Anaheim park and recreation fees for each dwelling unit, as required by City Council resolution, which shall be used for park and recreation pur- poses, said amount to be paid at the time the Building Permit is issued. 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 MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND TRAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (68-69-62 - R-3). Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-181 duly passed and adopted. RESOLUTION NO. 69R-182: Councilman Dutton offered Resolution No. 69R-182 for adoption, granting Variance No. 2045, subject to the following condi- tions: 1. That this variance is granted gubject to the completion of Reclassification No. 68-69-62° 2. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 3. That fire hydrants shall be installed as required and deter- mined to be necessary by the Chief of the Fire Department° 4. That a 6-foot masonry wall shall be constructed along the west, east and north property lines east of the terminus of Catalpa Avenue. 5. That drainage shall be discharged in a manner which is satis- factory to the City Engineer° 6. That any air-conditioning facilities proposed shall be pro- perly shielded from view, and the sound shall be buffered from adjacent residential homes. 7. That Condition Nos. 2, 3, 4, 5, and 6, above mentioned, shall be complied with prior to final building and zoning inspections. 8. 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, 2, 3, 4, 5, 6, and 7o Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2045. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: CO UNC ILMEN: None The Mayor declared Resolution No. 69R-182 duly passed and adopted. PULLIC HEARING - RECLASSIFICATION NO. 68-69-73 AND VARIANCE NO0 2059: Submitted by Eva Pulich, requesting a change of zone from R-A to R-3, and also re- questing waivers of minimum building setback from an arterial highway, side yard, distance between buildings, number of covered off-street parking spaces, size of parking spaces, structural setback from a local street, and screen- ing of parking facilities from the adjacent street, to establish a 22-unit apartment complex, on property briefly described as the northwest corner of Ball Road, at Webster Avenue, (2475 West Ball Road°) 69-189 City Hall, Anaheim, California - COUNCIL MINUTES - April 8, 1969~ 1:30 P.M ....... The City Planning Commission, pursuant to Resolution No. PC69-43, recommended said reclassification be approved, subject to the following conditions: 1o That the owner of subject property shall deed to the City of Anaheim a strip of land 53 feet in width on Ball Road and 32 £eet in width on Webster Avenue~ from the centerline of the street, for street widening purposes° 2o That street improvement plans shall be prepared and all en- gineering requirements of the City of Anaheim along Ball Road and Webster Avenue, such as curbs and gutters, sidewalks, street grading and Paving, drainage facilities, or other appurtenant work shall be completed as re- quired by the City Engineer and in accordance with standard plans and spe- cifications on file in the office of the City Engineer; and 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 said engineering require- ments. 3. That the owner of subject property shall pay to the City of Anaheim the sum of $2°00 per front foot along Ball Road and Webster Avenue, for street lighting purposes° 4. That the owner of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Ball Road and Webster Avenue, for tree planting purposes° 5o That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 6. That fire hydrants shall be installed as required and deter- mined to be necessary by the Chief of the Fire Department. 7o That any air-conditioning facilities proposed shall be pro- perly shielded from view, and the sound shall be buffered from adjacent residential homes° 8o That Condition Nos. 1, 2, 3, and 4, above mentioned, shall be complied with within a period of 180 days from the date hereof, or such fur- ther time as the City Council may grant. 9° That Condition Nos, 5, 6, and 7, above mentioned, shall be complied with prior to final building and zoning inspections. 10o That the owner of subject property shall pay to the City of Anaheim park and recreation fees for each dwelling unit, as required by· City Council resolution, which shall be used for park and recreation pur- poses, said amount to be paid at the time the building permit is issUed. The City Planning Commission, pursuant to Resolution No. PC69-44, granted Variance No° 2059, in part, denying therefrom waiver of minimum structural setbacks from a local street, and waiver of minimum screening of parking facilities from adjacent street, subject to the following Con- ditions: 1o That this variance is granted subject to the completion of Reclassification No. 68-69-73° 2. That subject property shall be developed substantially in ac- cordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. la 2, 3, and 4, provided, however, that the elevations of the Webster Avenue side shall be comparable to that of the Ball Road frontage; that electric doors shall be provided for the four garages fac- ing Webster Avenue and that screen-type landscaping shall be provided ad- jacent to the two open parking spaces to the east of the carport bays, as stipulated by the petitioner° Mro Charles Roberts noted the location of subject property, and the existing apartment complexes adjacent thereto° He briefed the hearing before the City Planning Commission, advising that the two variance waivers denied were no longer necessary, due to subsequent changes in the plans* by the petitioner~ Mr. Leonard Smith, 125 South Claudina Street, representing the~ Applicant, advised that the Petitioner agreed to the conditions imposed and recommended by the City Planning Commission° 69-190 City Hall~ Anaheim~ California.- COUNCIL MINUTES - April 8z 1969, 1~30 PoMo The Mayor asked if anyone else wished to address the Council, there being no response, declared the hearing closed° R. ESOLUTION NO. 69R-183~ Councilman Peble.y offered Resolution No. 69R-183 for adoption, authorizing preparation of necessary ordinance changin$ the zone as requested, subject to the conditions recommended by' the City Planning Commis- sion. Refer to Resolution Bock.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMIN- ING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (68-69- ?~ - Roi1 Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN~ None The Mayor declared Resolution No~ 69R-183 duly passed and adopted. RESOLUTION NOo 69R-184~ Councilman Pebley offered Resolution No. 69R-184 for adoption, granting Variance Noo 2059, subject to the conditions recommended by the City Planning Commission° Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2059° Roll Call Vote: AYES: COUNCILMEN~ Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN~ None The Mayor declared Resolution Nc. 69R-184 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 68-69-74 AND VARIANCE NO. 2060: Submitted by William C. and Ida Io Higdon, requesting a change of zone from R-A to C-i, and waiver of requirement that uses be conducted wholly within a building, to permit the establishment of a "Farmer's Market", on property briefly des- cribed as located west of Beach Boulevard, north of Lincoln Avenue° The City Planning Commission~ pursuant to Resolution No. PC69-48, recommended said reclassification be approved, subject to the following con- ditions: 1. That street improvement plans shall be prepared and all engin- eering requirements of the City of Anaheim along Beach Boulevard, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other appurtenant worR shall be completed as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City En~ineer~ and that a bond in an amount and form satisfactory to the City of Anaheim shall be p©sted with the City to guarantee the installa- tion of said engineering requirements° 2. That the vehicular access rights to Coolidge Avenue and the alley adjacent to the west property line shall be dedicated to the City of Anaheim. 3o That the owners cf subject property shall pay to the City of Anaheim the sum of $2°00 per front foot along Beach Boulevard, for street lighting purposes° 4. That the owners of subject property shall pay to the City of Anaheim the sum of 1.5C per front foot along Bemch Boulevard, for tree planting purposes. 5o That a Psrcel Map to record the approved division of subject property be submitted tc the City of Anaheim for approval and then be recorded in the office of the Orange C~unty Rec~rder~ 69-191 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - April 8~ 1969~ 1:30 P.M. 6. That a 6-foot masonry wall shall be constructed along the north and west property lines. 7. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 8. That fire hydrants shall~be installed as required and deter- mined to be necessary by the Chief of the Fire Department. 9. That any air-conditioning facilities proposed shall be pro- perly shielded from view, and the sound shall be buffered from adjacent residential homes. 10. That any parking area lighting shall be lighted with down- lighting a maximum 6-feet in height and shall be directed away from the property lines to protect the residential integrity of the area. 11. That Condition Nos. 1, 2, 3, and 4, above mentioned, shall be complied with within a period of 180 days from the date hereof, or such further time as the City Council may grant. 12. That Condition Nos. 5, 6, 7, 8, 9, and 10, above mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC69-49, granted Variance No. 2060, subject to the following conditions: 1. That this variance is granted subject to the completion of Reclassification No. 68-69-74. 2. That subject property shall be devaloped substantially in ac- cordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, 3, and 4. Mr. Charles Roberts noted the location of the approximate 8-1/2 acre parcel, and in summarizing the hearing held before the City Planning Commission reported that the variance was necessary as a portion of the sales would be in open area. The Mayor asked if the Applicant was present and agreed to the conditions imposed by the City Planning Commission in conjunction with sub- ject use. An affirmative answer was received. The Mayor then asked if anyone present wished to address the Coun- cil in opposition. There being no response, declared the hearing closed. ~ESOLUTION NO. 69R-185: Councilman Krein offered Resolution No. 69R-185 for adoption, authorizing preparation of necessary ordinance changing the zone as requested, subject to the conditions recommended by the City Plann- ing Commission. 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 MUNICIPAL CODE RELATING TO ZOOMING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED (68-69-74 - C-l). ' Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-185 duly passed and adopted. RESOLUTION NO. 69R-186: Councilman Krein offered Resolution No. 69R-186 for adoption, granting Variance No. 2060, subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2060. 69-192 City Hall, Anaheim, California - COUNCIL MINUTES - April 8, 1969, 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: ~!one ABSENT: COUNCILMEN: None The Mayor declared Resolution Nos 69R-186 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 68-69-76: Submitted by Ja~es A. Liberio, et al~ requesting a change of zone from R-A to R-2, property briefly described as located north of the Santa Ana Canyon Road, and east of Imperial Highway. The City Planning Commission, pursuant to Resolution No. PC69-50, recommended said reclassification be denied. Mr. Charles RobErts noted the location of subject property, com- prising approximately 5-1/2 acres, and in noting the findings of the City Planning Commission reported that the area is projected on the General Plan as low-density residential. Mr. Cal Queyre], of Anacal Engineering, representing the Applicant, noted the two parochial school sites projected for the area to the south, south of the Santa Ana Canyon Road, and also noted tha other projected uses in the immediate area. In his opinion, property in this area by means of land assembly, would warrant a regional shopping center, and the requested zoning of subject property would be a natural transition. He further advised that all units were single-story construction. Mr. Ronald Thompson reported that the Development Services Division is presently studying this area in detail, for the purpose of updating the General Plan. It was possible that a regional shopping center would be war- ranted, however, it would not be projected for any definite site. He further advised that at the time this was submitted to the City Planning Commission no plans of development were filed, and if developed to the highest and best use, subject property might require combining with another parcel. It was the opinion of the City Planning Commission that development other than low- density was not warranted at this time. Councilman Dutton felt that the Applicant was requesting the Coun- cil to determine a need not now in existence. Mayor Clark asked if anyone else wished to address the Council. There being no response, declared the hearing closed. ~ESOLUTION NO. 69R-187: Councilman Krein offered Resolution No. 69R-187 for adoption, denying ReCi~ssification No. 68-69-76. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. (6C-69-76). Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, §chutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCII2fEN: None The Mayor declared Resolution No. 69R-187 duly passed and adopted. ~UBLIC HEARING - CONDITIONAL USE PERMIT NO. 1094: Submitted by Mr. Dick H. Ables, requesting permission to construct a drive-through, walk-up restaurant~ on property briefly described as located at the southeast corner of Carrltos Avenue and Euclid Street. 69-193 City Hall, Anaheim~ California - COUNCIL MINUTES - April 8____,, 1969, 1:30 P.M. The City Planning Commission, pursuant to ResolutiOn Noo PC69-51, denied said conditional use permit° Appeal from action taken by the City Planning Commission was filed by Harker Development Corporation. The City Clerk reported that legal notices were inadvertently omitted from the envelopes mailed to the residents within the 300-foot perii meter and that remailing was made immediately upon discOvery Of this over sight. - Mr. Charles Roberts noted the location of the presently zoned C-1 property and advised that the proposed development was that of a convenience market and also a drive-through, walk-up restaurant at the corner. Mr. Rob- erts noted the City Planning Commission's finding and the basis of daniel. Mr. Warren C. Lefebvre addressed the City Council, representing the developer, reporting that a previous request for a service station on this corner was denied by the City Council, however, C-1 zoning was approved on the property. Mr° Lefebvre stated that one of their concerns, and apparently that of the City Planning Commission, was that of traffic, and as a result an investigation was made by the Anaheim Traffic Engineer, who reported~the proposed use would constitute no traffic problem. He noted that the property used for comparison purposes by the City Planning Commission differed, in that subject property was larger and has 2 exits onto Cerritos Avenue. Fur- ther, since the City Planning Commission hearing, they haVe obtained au- thority from the proposed tenants (Der Wienerschnitzel) to eliminate the drive-through aspect and also to redesign the building,requiring take-out orders be inside, rather than at a take-out window° Mr. David Dunn, representing the firm of Der Wienerschnitzel, ex- plained the difference in their development at State College Boulevard and Center Street, compared to subject property° He also explained the opera' tion and the changes that would be agreeable if required by the City Coun- cil. ' Mro John Cleveland, 1672 Mells Lane, noted the following objec- tions by the neighborhood: 1o This is a residential area, which is requested to be maintain- ed as such° 2. They were convinced that a traffic problem presently exists in the area. 3o Cerritos Avenue is a one-way street° 4. They did not believe it was a proper use of the property for an orderly development~ 5o Because of the close proximity to the schools, they felt that this would become a place for gtuHents to congregate. Mrs° Robert Moss, 1680 West Cerritos Avenue, adjacent to the east of subject property, addressed the Council in opposition, also feeling that this activity would attract a congregation of school children. She further advised that she was informed that the establishment would be open until 2:00 A.Mo, which was inappropriate in a residential area. In answer to the question regarding lighting~ Mr. Dunn advised that it would be so arranged as to not reflect into the residential area. Mrs. Moss questioned the necessity of the project, and recommend- ed that the use be denied~ Mr~ Dunn, in rebuttal, stated that they would be willing to put in mature landscaping, enclose the lot by a 2-foot high planter wall, and be willing to remove the typical roof sign, leaving the sign on the face of the building fronting Euclid Street only~ 69-194 City Hall~ Anaheim~ California - COUNCIL. MINUTES -Ap. ril 8, 1969, 1~30 P.M. Mr. Dunn stated that the operation could be changed to inside ser- vice only, and that seating could be installed, thereby qualifying as a res- taurant~ not requiring the requested conditional use permit. Mr. Frank M. Clayton, 1516 South Euclid Street, addressed the Coun- cil favoring the requested use, feeling that the uninhabitable house on the property encouraged a greater congregation of children than what could be expected if the property was developed as proposedo It being determined that sufficient evidence had been presented, Mayor Clark declared the hearing closed° RESOLUTION NO. 69R-188: Councilman Schutte offered Resolution No. 69R-188 for adoption, denying Conditional Use Permit No. 1094. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 1094. Roll Call Vote: AYES: COUNCILMEN~ Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN~ None The Mayor declared Resolution No. 69R-188 duly passed and adopted. PUBLIC HEARING - ABANDONMENT NO.68-11A: Public hearing was held on proposed aban- donment of an existing roadway known as Hotel Way, and an easement for road- way purposes, reserving an easement for public utility purposes; property located approximately 690 feet east of Harbor Boulevard; pursuant to Reso- lution No. 69R-189, duly published in the Anaheim Bulletin, and notices thereof posted in accordance with laws Report of the City Engineer was submitted, recommending approval of said request~ subject to reservation of public utility easements, includ- ing but not limited te sanitary sewer and storm drain, over, under and across the entire parcel~ In answer to Council questions, Mrs Maddox indicated that the ex- isting roadway is the present entrance to the Grand Hotel, and that the en- trance will be relocated to the east, upon approval of the requested abandon- ment. Mayor Clark asked if anyone present wished to address the City Coun- cil; receiving no response, he thereupon declared the hearing closed. RESOLUTION NOs 69R-189~ Councilman Pebley offered Resolution No. 69R-189 for adoption, as recommended by the City Engineer~ Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, ORDERING THE VACATION AND ABANDONMENT OF AN EXISTING ROADWAY COMMONLY KNOWN AS HOTEL WAY AND AN EAgEMENT FOR ROADWAY PURP0§E§ UPON, OVER, ACR0§§ AND ALONe THE HEREINAFTER DESCRIBED REAL PROPERTY; AND RESERVING AN EASEMENT FOR PUBLIC UTILITY PURPOSES OVER, UNDER AND ACROSS A PORTION OF SAID PROPERTY. (68-11A - Hotel Way)~ Roll Call 'Vote: AYES: COUNCILMEN: Dutton, Krein, Pebley and Clark NOES: COUNCILMEN: None TEMPORARILY ABSENT: COUNCILMEN: Schutte ABSENT~ COUNCILMEN~ None The Mayor declared Resolution No~ 69R-189 duly passed and adopted, 69-195 City Hall, Anaheim~ California ~- COUNCIL MINUTES - April 8; 1969~ 1:30 P.M. CONDITIONAL USE PERMIT NOo 992: Request of Daniel Lo Evans was submitted, to- gether with report from the Development Services Department, for waiver of required masonry wall as a condition to Conditional Use Permit No. 992, granted for the establishment of a mobile home park, on property located at 1650 South Euclid Street° The City Clerk noted receipt of letters of protest from the fol- lowing persons, which were received too late for distribution to the City Council~ Mr. and Mrs° Thomas Edward Dillion, Mro and Mrs. A. Ko Clark, Mr. and Mrs. Horace Zimmerman, Mr. and Mrs. VoG~ Manke, Mr. and Mrs° Anthony Eschen, Mr. and Mrs° Gordon Davison, Mr. Fred J. Johnson, Jr° and Mr. John F0 Rothmano ' It was noted that Mro Rothman further requested revocation of the temporary occupancy permit if compliance with conditions of the conditional use permit is not forthcoming within a reasonable time° Mrs° AoDo Shankman, 1617 South Loara Street, addressed the~City Council in opposition to the requested waiver, noting that her'residence . is located immediately behind subject property° She reported that it was her understanding that the request would be considered by the City Planning Commission and called attention to the fact that several letters of opposi- tion were addressed to the Planning Commission, in addition to those noted by the City Clerk° Councilman Krein suggested that the matter be continued to allow the Council an opportunity to examine the letters received. Mrs. Shankman stated that she represented about twelve of her neighbors, whose homes abut the mobile home park, all of whom objected to the development from the time it was proposed; that they felt the area Was suitable for R-1 development, which she noted was subsequently approved to the south of the subject property, which homes are now selling for $40,000.00. Mrs° Shankman stated that the fence requirement is only one of several conditions that have not been met as promised; that the property was to have been excavated, and the wheels removed from units in order that visual intrusion into the R-1 property would be minimized; that instead, when the wheels were removed, the units were set up on blocks, which made them the same height as before; that the unit behind her home is four to five feet higher than the existing block wall, which has resulted in a de- valuation of her property, as well as an invasion of privacy. She noted that the existing fences are entirely on the R-1 property, and that no landscaping has been installed to screen the mobile homes from view, as was promised° She asked that the City Council take action today and deny the subject request° Councilman Schutte returned to the Council Chambers, 4:11 P.M. It was noted by Councilman Dutton that the conditions of the Con- ditional use permit require that the units be lowered to reduce visual aware- ness of the mobile homes from abutting residences, and require installation of a wall, 6-feet in height above the highest grade level on the north and east property lines, prior to final inspection. The Applicant, Mr~ Dan Evans, 1616 South Euclid Street, stated that it is his intent to comply with conditions of the conditional use per- mit; that the waiver was requested as a result of conversations with some of the adjoining residents, in order to avoid a dual fence, which could provide a haven for trash and rodents; that the possibility of an addition to the existing fences was discussed with favorable results. He stated that the park was redesigned in order that the mobile home units would not back up to the residences to the north~ but rather would be separated from them by a 30-foot roadway° He stated that he wished to be a good neighbor and comply with conditions imposed, and was simply suggesting the addition of a screen to the existing fences, instead of adding more masonry block~.' 69-196 City Hall, Anaheim, California ~ COUNCIL MINUTES - April 8, 1969, 1~30 PoM. With regard to the height of the units, Mr. Evans stated that the Building Code requires sewer connections to be at grade level; that wheels are removed from the units, and they' are plRced as low as the sewer flow will permit° In response to Councilman Dutton,Mr0 Evans stated that he is will- ing to construct a parallel wall, if necessary, but felt that since the ex- isting walls, in most instances, meet City requirements, except as noted in his letter, an addition to the walls in these locations could be considered sufficient to meet City requirements° Councilman Dutton noted that the report of the Development Services Department indicates existing walls are only 5 feet, 6 inches in height, in- cluding the decorative stone cap~ as measured from the R-1 side of the.wall. At the conclusion of the discussion, and on motion by Councilman Krein, seconded by Councilman Schutte, said request was continued to the meeting of April 22, 1969, for further Council study and inspection. MOTION CARRIED. RECLASSIFICATION NOo 68-69-19 AND VARIANCE NO° 2008: Request of Anacal Engineer- ing Company for a one-year extension of time for completion of conditions to Reclassification NOo 68-69~19 and Variance No. 2008 was submitted, to- gether with report of the Development Services Department, recommending that a six-months extension cf time be granted° On motion by Councilman Krein, seconded by Councilman Schutte, a six-months extension of time was granted as recommended by the Development Services Department~ MOTION CARRIED. REQUEST FOR TEMPORARY PARKING PERMIT ~ WINSTON ROAD AT STATE COLLEGE BOUI,~VARD: Request of Ken Hayashi for a temporary parking permit for an area 50 feet on the south side of Winston Road, approximately 250 feet west of State Col- lege Boulevard, was submitted together with report and recommendations of the City Engineer° On motion by Councilman Dutton, seconded by Councilman Schutte, temporary parking was authorized on State College Boulevard only, near the intersection of Winston Road, by means of fold-up ~;~'ns, as recommended. ~ the City Engineer. MOTION CARRIED° ~REQUEST FOR RESTRICTED PARKING - TEDMAR AVENUE AND LOARA STREET: Correspondence dated March 26, 1969, from Mrs° Rosemary Achilles, was submitted requesting Council action on her previous request for restricted parking on portions of Loara Street, Tedmar Avenue, and Adria Place° The City Clerk noted that the City Attorney has drafted an ordinance for Council consideration, as re- quested at the meeting of March A, 1969o In the ensuing Council discussion there were expressions of con- cern that residents in other similar R-1 areas may object to the provisions of the proposed ordinance, which would prohibit parking on any street within an R-1 zone that is located within. 500 feet from an R-3 zone° The City Attorney advised that the proposed ordinance should be considered only if the 'problem is felt to be of general concern on a City- wide basis, rather than an item of local concern° At the conclusion cf Council discussion, it was moved by Council- man Schutte, seconded by Councilman Krein, that the subject request be denied, as the problem was not felt to be of a general nature throughout the City. MOTION CARRIED° RECESS: Councilman Pebley moved for a 10-minute recess. Councilman Krein second- ed the motion. MOTION CARRIED° (4:35 PoMo)~ ~FTER R.ECE~p: Mayor Clark called the meeting to order, all members of the City Council being present, (4~45 PoMo)o 69-197 City Hall~ Anaheim~ California ~ COUNCIL MINUTES - April 8, 1969~ 1:30 P.Mo REQUEST FOR COUNCIL SUPPORT ~ PROPOSED LIBERTY AMENDMENT: Request of Mrs° Nora Grangetto was submitted, for adoption of a resolution expressing City Council support of the proposed Liberty Amendment~ Councilman Krein indicated he wished to give the matter further study; Mayor Clark concurred, noting that the City Council represents all the people in the City of Anaheim and must take this fact into consideration when considering such an endorsement° Mrs° Grangetto addressed the Council and offered to supply addi- tional information in support of the Liberty Amendment for Council considera- tion, if the matter is continued° At the conclusion of the discussion Councilman Krein moved that the request be continued to the meeting of May 6, 1969. Councilman Schutte seconded the motions MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held March 24, 1969, pertaining to the following applications, were submitted for City Council information and consideration: CONDITIONAL USE PERMIT NO. 1099~ Submitted by Eunice W. Williams, to expand an existing trailer park, with waiver of required setback; property located south and west of Kenwood Avenue, west of East Street° The City Planning Commission, pursuant to Resolution No. PC69-55, granted said conditional use permit, subject to conditions. CONDITIONAL USE PERMIT NOo 1100~ Submitted by Dorothy L. Brunson, to estab- lish a walk-up restaurant with an outdoor eating area; property located on the southeast corner of Lincoln Avenue and Beach Boulevard. The City Planning Commission~ pursuant to Resolution No. PC69-56, granted said conditional use permit, subject to conditions. CONDITIONAL USE PERMIT NO. 1101: Submitted by Ao Eidelson, to establish a hotel and restaurant complex exceeding '75 feet in height; property located on the southwest corner of Harbor Boulevard and Convention Way° The City Planning Commission, pursuant to Resolution No. PC69-57, granted said conditional use permit, subject to conditions. The foregoing actions were reviewed by the City Council at this time, as it is expected that a quorum will not be present for the regular meeting of April 15, 1969o No further action was taken on the above-numbered applications~ however, it was noted by the City Clerk that appeal fzom action taken by the City' Planning Commission could be filed on the foregoing appli- cations until the legal deadline e~ April 15, 1969o GENERAL PLAN AMENDMENT Nee 113: On motion by Councilman Dutton, seconded by Coun- cilman Krein, public hearing on General Plan Amendment No. 113 was scheduled for April 29, 1969, 1:30 PoMe, to consider amendment to the Circulation Ele- ment of General Plan, Highways and Rights-of-Way, to establish the precise alignment for Sunkist Street, between Ball Road and Howell Avenue. MOTION CARRIEDo GENERAL PLAN AMENDMENT Nee 114; On motion by Councilman Dutton, seconded by Coun- cilman Krein, public hearing on General Plan Amendment Nee 114 was scheduled for April 29, 1969, 1~30 PoMe, to consider amendment to the Circulation Ele- ment of General Plan, Highway Rights-of-Way, Jefferson Street between Tu~tin Avenue and Coronado Street, and Coronado Street, between Jefferson Street and Tustin Avenue° MOTION CARRIED° PROPOSED STREET NAME CHANGE ~- ORCHARD DRIVE: Excerpt of the City Planning Commis- sion meeting held blmrch 2~,, 1969, was submitted~ recommending no change in the previous recommendation regarding the propesed street name change of Or- chard Drive to Kellogg 'Drive, end f~rther recommending that the Orange Planning Commission and Board of Superviscrs be urged to consider appropriate 69-198 City Hall; Anaheim; California - COUNCIL MINUTES - April. 8~ 1969, 1:30 P.M. recognition to the Kelloggs, in the near future, by naming some major street, which would be located in the easterly Yorba Linda area, Kellogg Drive. The City Clerk noted receipt of a Resolution of Intention of the Board of Supervisors of Orange County to consider proposals to change the name of Orchard Drive, Post Lane, and Woodwind Lane~ public hearing to be held April 30, 1969, at ~30 AoMo On recommendation of the City Manager, Councilman Dutton moved that the recommendation of the City Planning Commission be sustained, and a representative of the City Development Sarvices Department attend said public hearing. Councilman Schutte seconded the motion. MOTION CARRIED. PUBLIC DANCE PERMIT: Application filed by Mro Eduardo Negrete, on behalf of the Comite de Festejos Patrios Condado de Orange, for permit to conduct a public dance on April 27, 1969, at Carpenters Hall, 608 West Vermont Avenue, was submitted and granted, subject to provisions of Chapter 4o16 of the Ana- heim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Dutton, seconded by Councilman Kreino MOTION CARRIED. POOL ROOM PE .P~MIT: Application filed by Mro August De Angelo, for permit to al- low 16 billiard tables at Linbrook Family Billiard Center, 2220 West Lin- coln Avenue, was submitted and granted, subject to provisions of Chapter 4.24 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Dutton, seconded by Councilman Krein. MOTION CAR- RIED. TENTATIVE MAP - TRACT NOo 6143~ REVISION NOo !: Developer - Albert Co Johnson, tract located on the north side of Orangethorpe Avenue, west of Kraemer Boulevard, containing 13 R-3 zoned lotso The City Planning Commission, at their meeting held April 7, 1969, approved said Tentative Map, subject to the following conditions: 1o That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval° 2° That the approval of Tentative Map of Tract Noo 6143, Revision No. 1, is granted subject to the approval of and completion of Reclassifi- cation Noo 68-69-.45. 3. That a predetermined price for Lots A, B, and C, shall be cal- culated and an agreement for dedication entered into between the Developer and the City of Anaheim prior to approval of the final tract map° The cost of Lots A, B, amd C, shall include land and a proportionate share of the underground utilities and street imprevements~ 4. That all lots within this tract shall be served by underground utilities. 5. That the owners of subject property shall pay to the City of Anaheim park and recreation fees for each dwelling unit, as required by the City Council resolution, which shall be used for park and recreation purposes, said amount to be paid at the time the building permit is issued. Councilman Dutton moved that Tentative l~ap, Tract No. 6143, Revi- sion No. 1, be approved subject to the recommendations of the City Planning Commission° Councilman Krein seconded the motion° MOTION CARRIED. TENTATIVE MAP - TRACT NO. 6814~ REVISION NO° 1: Developer - Albert C. Johnson, tract located on the north side of Orangethorpe Avenue, west of Kraemer Boulevard, containing 10 R-3 zoned lotso The City Planning Commission, at their meeting held April 7, 1969, approved said tentative map, subject to the £°llowing conditions: 1o That should this subdivision be developed as more than one subdivision, each subdivision shall 'Lo submitted in tentative form for ap- proval. 2. That the approval of Tentative Map of Tract No° 6814, Revi- sion No. 1, is granted subject to the approval and completion of Reclassi- fication NOo 68~69-45~ 69-199 City Hall, Anaheim, California - COUNCIL MINUTES - April 8, 1969, 1:30 P.M. 3. That a predetermined price for Lot A shall be calculated and an agreement for dedication entered between the Developer and the City of Anaheim prior to approval of the final tract map° The cost of Lot A shall include land and a proportionate share of the underground utilities and street improvements° 4. That all lots within this tract shall be served by underground utilities. 5. That the owners of subject property shall pay to the City of Anaheim park and recreation fees for each dwelling unit, as required by City Council resolution, which shall be used for park and recreation pur, poses, said amount to be paid at the time the Building Permit is issued. Councilman Dutton moved that Tentative Map, Tract No. 6814, Revi- sion No. 1, be approved, subject to the recommendations of the City Planning Commission. Councilman Krein seconded the motion. MOTION CARRIED.. ' TENTATIVE MAP - TRACT NO. 6916: Developer - Albert C. Johnson, tract located on the north side of Orangethorpe Avenue, west of Kraemer Boulevard, contain- ing 10 R-3 zoned lotso The City Planning Commission, at their meeting held April 7, 1969, approved said tentative map, subject to the following conditions: 1. That should this subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative'form for approval. 2. That the approval of Tentative Map of Tract No. 6916 is granted subject to the approval and completion of Reclassification No. &8-69-45. 3. That a predetermined price for Lot A shall be calculated and an agreement for dedication entered into between the Developer and the City of Anaheim prior to approval of the final tract map. The cost of Lot A shall include land and a proportionate share of the underground utilities and street improvements. 4. That all lots within this tract shall be served by underground utilities. 5. That the owners of subject property shall pay to the City of Anaheim park and recreation fees for each dwelling unit, as required 'by City Council resolution, which shall be used for park and recreation purposes, said amount to be paid at the time the Building Permit is issued. Councilman Dutton moved that Tentative Map, Tract No. 6916, be approved, subject to the recommendations of the City Planning Commission. Councilman Krein seconded the motion. MOTION CARRIED. FINAL MAP - TRACT NO. 6735: Developer - Orange County Development Corporation of Anaheim, tract located on the east side of Dale Avenue, between Broadway and Orange Avenue, and contains 48 proposed R-1 zoned lots. The City Engineer recommended approval, and reported said final map conforms substantially with the tentative map previously approved, that bond has been posted and forwarded to the City Attorney for approval, and required fees paid. On the recommendations of the City Engineer, Councilman Schutte moved that Final Map, Tract No. 6735 be approved, subject to approval of required bond by the City Attorney. Councilman Krein seconded the motion. MOTION CARRIED° QRANGE. COUNTY USE VARIANCE NOo6224: Excerpt of the City Planning Commission meet- ing held April 7, 1969, pertaining to Orange County Use Variance No. 6224, recommending denial, was submitted. On motion by Councilman Dutton, seconded by Councilman Schutte, the recommendation of the City Planning Commission was sustained and for- warded to the Orange County Planning Commission. MOTION CARRIED. 69-200 Qity Hall~ Anaheim~ California - COUNCIL MINUTES - April 8~ 1969, 1:30 PoM. RESOLUTION NO. 69R-190 - AWARD OF WORK ORDER NO0 343: In accordance with recom- mendations of the City Engineer, Councilman Dutton offered Resolution No. 69R-190 for adoption° Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT: THE IMPROVEMENT OF CROWTHER AVENUE, FROM KRAEMER BOULEVARD TO APPROXIMATELY 1,531 FEET EAST THEREOF, IN THE CITY OF ANAHEIM, WORK ORDER NO. 343. (Smith Electric Supply- $23,754o10). Roll Call Vote~ AYES: COUNCILMEN~ Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN~ None ABSENT~ COUNCILMEN: None The Mayor declared Resolution No~ 69R~190 duly passed and adopted. RESOLUTION NO. 69R-191 - AWARD OF WORK ORDER NOo 370: In accordance with recom- mendations of the City Engineer, Councilman Schutte offered Resolution No. 69R-191 for adoption° Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT: THE RED GUM-WHITE STAR STREET IMPROVEMENT, IN RED GUM STREET FROM APPROXIMATELY 750 FEET NORTH OF LA PALMAAVENUE TO LA PALMAAVENUE, AND IN WHITE STAR AVENUE FROM LA PALMAAVENUE TO BLUE GUM STREET, IN THE CITY OF ANAHEIM, WORK ORDER NOo 370° (EoLo White Company, Inc. - $18,420.10). Roll Call Vote~ AYES: COUNCILMEN~ Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution Noo 69R~191 duly passed and adopted. DEEDS OF EASEMENT: Councilman Schutte offered Resolution Nos. 69R-192 to 69R-199, both inclusive, for adoption~ Refer to Resolution Book. RESOLUTION NO. 69R-192: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO T~E CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Department of Veterans Affairs of the State of California, Tony Ao and Victoria Padilla)~ gESOLUTION NO. 69R-193~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSEs. (Howard Po and Edna Bo Kogan) o RESOLUTION NOo 69R~194~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Barbara Mo Fitzpatrick)~ 69-201 City Hall, Anaheim, California - COUNCIL MINUTES - April 8~ 1969~ 1:30 P.M. RESOLUTION NO. 69R-195~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Leo Co and Sydelle Bo Ward)° RESOLUTION NO. 69R-196: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (First Church of the Nazarene of Anaheim, California). RESOLUTION NOo 69R-197~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY.OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Gerald and Mary M. McGinnis, Ruth C. McGinnis, Robert L. and Louise H. Haneline). RESOLUTION NOo 69R-198: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Mohawk Data Sciences Corporation). RESOLUTION NOo 69R-199: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Willard and Idabert Cantrell). Roll Call Vote: AYES: COUNCI'LMEN~ Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT~ COUNCILMEN~ None The Mayor declared Resolution Nos. 69R-192 to 69R-199, both in- clusive, duly passed and adopted. RESOLUTION NO. 69R~200: On report and recommendation of the City Manager, Coun- cilman Krein offered Resolution Noo 69R~200 for adoption° Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE COMPROMISE OF CERTAIN EMINENT DOMAIN LITIGATION AND DIRECT- ING THE FINANCE DIRECTOR TO MAKE CERTAIN PAYMENTS IN CONNECTION THEREWITH. (Vuliett - $17,500~00) o Roll Call Vote: AYES~ COUNCILMEN: DuL~on, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT~ COUNCILMEN: None The Mayor declared Resolution No. 69R-200 duly passed and adopted. RESOLUTION NOo 69R~201~ Councilman Schutte offered Resolution No. 69R-201 for adoption° Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE SETTLEMENT OF CERTAIN EMINENT DOMAIN LITIGATION; AUTHORIZING AND DIRECTING THE ACCEPTANCE AND RECORDATION OF EASEMENT GRANT DEEDS; AND AUTHORIZING PAYMENT IN CONNECTION THEREWITH° (Etchandy - Work Order No. 544B). Roll Call Vote: AYES~ COUNCILMEN; Dutton~ Rrein, Schutte, Pebley and Clark NOES~ COUNGII2~EN; None ABSENT; COUNCILMEN; None The Mayor declarad Resolution No. 69R-201 duly passed and adopted. 69-202 City Hall, Anaheim~ California - COUNCIL MINUTES - A rip~_~., 1969, 1:30 PoMe RESOLUTION NO. 69R-202: Councilman Krein offered Resolution No~ 69R-202 for adoption. Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED OVER CERTAIN REAL PROPERTY AND AUTHORIZING AND DIRECTING PAYMENT THEREFOR° (Heffernan - Work Order Nee 1214) o Roll Call Voteoo AYES~ COUNCILMEN: Dutton~ Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN~ None The Mayor declared Resolution No° 69R-202 duly passed and adopted. RESOLUTION NO° 69R-203~ Councilman Krein offered Resolution No~ 69R-203 for adoption. Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASE- MENT FOR PUBLIC STREET PURPOSES UPON, OVER AND ACROSS CERTAIN REAL PROPERTY IN THE CITY OF ANAHEIM° (Atchison, Topeka and Santa Fe Railway - Improve- ment and Widening - Dowling Avenue)° Roll Call Vote: AYES: COUNCI'L2ViEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution Nee 69R-203 duly passed and adopted. RESOLUTION NO. 69R-204: Councilman Dutton offered Resolution No. 69R-204 for adoption. Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF UTILITIES AGREEMENT NO. 7Ut-3981 WITH THE STATE OF CALIFORNIA, FOR RELOCATION AND ENCASEMENT OF CERTAIN UTILITY FACILITIES IN CONNECTION WITH THE CONSTRUCTION OF THE RIVERSIDE FREEWAY. (ROAD 07-Ora-91 9.2/13o9) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES~ COUNCILMEN: None ABSENT: COUNCILMEN~ None The Mayor declared Resolution Nee 69R-204 duly passed and adopted. PURCHASE: The City Manager reported on informal bids received for the cleaning of seats and carpet at the Convention Center, as follows: Vendor Total Amount Knight Carpet Service, Santa Ana Sterling Carpet Cleaning, Orange White Glove Bldgo Maintenance, (2 locations) LeFebure Bldgo Maintenance Alexanders Rug Cleaning $2,880.50 -6,756.00 NO BID -NO BID NO BID 69-203 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - April 8~ 1969~ 1:30 PoM. On recommendation of the City Manager, Councilman Krein moved that the low bid of Knight Carpet Service be accepted and purchase au- thorized in the amount of $2,880°50° Councilman Dutton seconded the motion. MOTION CARRIED o PURCHASE OF EQUIPMENT: The City Manager reported on informal bids received~ for the purchase of Distribution Transformers, as follows: VENDOR 20 - 100 KVA TRANSFORMERS General Electric Company, Los Angeles .... $16,569o00 Parks & Company, Long Beach 16,485o00 Garland-Affolter, Los Angeles 16,548.00 McGraw-Edison Company, Los Angeles 17,661o00 Wagner Electric, E1 Segundo -17,598.00 Westinghouse Electric, Los Angeles 20,580°00 5 - 167 KVA TRANSFORMERS $5,449.50 5,565.00 6,231.75 5,827.50 6,195.00 6,494.25 On the recommendation of the City Manager, Councilman Krein moved that the low bid of General Electric Company for 5 - 167 KVA Distribution Transformers be accepted and purchase authorized in the amount of $5,449.50, including tax, and that the low bid of Parks & Company for 20 - 100 KVA Transformers be accepted and purchase authorized in the amount of $16,485.00, including tax° Councilman Dutton seconded the motion. MOTION CARRIED. PURCHASE OF EqUIPMENT~ The City Manager reported on informal bids received for the purchase of a Service Body for a Tilt-Cab Truck, as follows: VENDOR Wilhelmsen Sheet Metal, Inco, Paramount Jumbo Equipment Company, Huntington Park Standard Auto Body, Los Angeles Calavar Corporation Pitman Manufacturing Company TOTAL AMOUNT, INCLUDING TAX $3,417.75 3,716.58 4,719o75 NO BID -NO BID On the recommendations of the City Manager, Councilman Krein moved that the low bid of Wilhelmsen Sheet Metal, Inc., be accepted and purchase authorized in the amount of $3,417.75, including tax° Councilman Dutton seconded the motion° MOTION CARRIED. PURCHASE: The City Manager reported on recommended repair of Fire Pumper No. 6611, and advised that the only known firm in the area capable of making this type of repair~ Crown Coach Company, has submitted a quotation for said repairs in the amount of $2,979°25° He thereupon recommended Council authorization at this time° On motion by Councilman Dutton, seconded by Councilman Krein, quo- tation of Crown Coach Company was accepted, and repairs authorized in the amount of $2,979°25, including tax° MOTION CARRIED. CLAIM AGAINST THE CITY~ Claim submitted by Mrs° Mary Hayward for personal pro- perty damages purportedly sustained as a result of low voltage of City elec- tricity system during the week preceding March 2, 1969, was denied, as recom- mended by the City Attorney and ordered referred to the insurance carrier, on motion by Councilman Dutton, seconded by Councilman Krein. MOTION CAR- RIEDo CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Schutte, seconded by Councilman Dutton: a. City of Newport Beach Resolution Noo 6951 - Expressing support for Assembly Bill No° 23 to require that meetings of the State Legislature and its committees shall be open and public° bo Orange County Division of the League of Cities - Resolution to support an increase in the twenty cent tax limit of the Orange County Flood Control District - request for City Council to act on this resolution. 69-204 City Hall, Anaheim, California - COUNCIL MINUTES - ~pril 8, 1969~ 1:30 PoMo c. City of Buena Park - Resolution Noo 3696 - urging the Orange County Flood Control District to increase the Orange County Flood Control District Tax by ten cents during the 1969-70 fiscal year in order to provide funds to repair damage to the flood controlsystem caused by the recent storms. d. City of Buena Park - Resolution Nco 3691 - endorsing the con- cept of a comprehensive study' to determine the need for branch Superior Courts in North Orange County° MOTION CARRIED° ORDINANCE NO. 2659: Councilman Dutton offered Ordinance No. 2659 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 17, CHAPTER 17.08 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SECTIONS 17.08.550 TO 17.08.559, INCLUSIVE, RELATING TO ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAY- MENT OF FEES, OR BOTH, FOR PARK AND RECREATIONAL LAND IN TRAILER PARKS AND RESIDENTIAL AREAS, NOT INCLUDED IN SUBDIVISION (R-O, R-l, R-2, R-3). Roll Call Vote: AYES: COUNCILMEN~ Dutton, Krein,Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance Noo 26.59 duly passed and adopted. ORDINANCE NO. 2660: Councilman Schutte offered Ordinance Noo 2660 for adoption. Refer to Ordinance Book~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 17, CHAPTER 17o08, OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SECTIONS 17.08~530 TO 17.08. 539, INCLUSIVE, RELATING TO ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH, FOR PARK AND RECREATIONAL LAND IN SUB- DIVISIONS° Roll Call Vote: AYES: COUNCILMEN: Dutton~ Krein, Schutte, Pebley and Clark NOES: COUNCILMEN~ None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No° 2660 duly passed and adopted. pRDINANCE NO. 2661: Councilman Schutte offered Ordinance No. 2661 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING° (68~69-50 - R-3)o ORDINANCE NO. 2662: Councilman Schutte offered Ordinance Noo 2662 for first reading° AN ORDINANCE OF THE CiTY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING° (62-63-38 - R-3) o ORDINANCE NO. 2663: The City Clerk noted receipt of a request from the Develop- er of Tracts Nos° 6784 and 664.7 that separate ordinances be read as each tract complies with conditions of reclassification. Councilman Dutton of- fered Ordinance No. 2663 for first reading° AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67'-68-98 - R-.2 5,000 - Tract No 6784 Only)o ' 69-205 City Hall, Anaheim~_California C _ ~ - OUNCIL MINUTES ~ April 8~ 1~9969, 1~30 P.M. ALCOHOLIC BEVERAGE LICENSE AP~LICATION~ Application submitted by Jimmy Shubin and Rayo Luzero Shubin, for O~al Off-Sale General License for an Un- named business at 2038 West Lincoln Avenue~ C,-1 zone, was presented by the City Manager to the City Council for their information. No Council action was taken on said application° LEASE OF CITY-OWNED PROPERTY'- ROYAL INNS OF AMERI~ Proposed lease of City-owned property to Royal Inns of America, Inco, for the purpose of erect- ing a 1,000-room hotel (.500 rooms, first phase), restaurants, cocktail lounge and tourist-oriented shops, on property' located on the west side of Harbor Boulevard~ north of Convention Way, was presented as an item of unfinished business. Reference was made to correspondence received by the Councilmen from Walter Bo Chaffee and Robert Wo Hardin~ Attorneys representing parties to a Restraining Order served on the City Council, March 18, 1969, request- ing permission to present their position prior to decision on said lease. Mr. Walter Chaffee, 131 West Wilshire, Fullerton, briefed the back- ground of the formation of the Joint Powers Agreement with the Anaheim High School District and the creation of the Community Center Authority. He noted approximately 5.5 acres were acquired by' the City of Anaheim, leased to the Community Center Authority and in turn leased back to the City of Anaheim by' the Authority° Mro Chaffee stated that the court was the proper Place to rule on the issue and they' were not present to argue, but merely to point out the consequences in the event their position proved to be correct° He advised that the Community Center Authority, under the Joint Powers Act~ had no authority to lease for hotel purposes, nor did the High School Districto He further stated that in their opinion the proposed lease was not warranted at this time and as far as the use of the property was con- cerned he noted that the City proposes to replace the lost acreage by the purchase of the Schroeder property~ at the northeast corner of Convention Way and West Street, from revenues supposedly derived from the Royal Inns lease° This, he felt~ could not be done, as these revenues have been pledged to the bondholders° In addition~ it was his opinion that the subject pro- perty would be needed as the Convention Center developed. Councilman Dutton noted that subject property had previously been offered and under opti©n to lease to Executive House° He also noted the City's attempt to lease this property wag common knowledge from the time this portion of the site was acquired° Further, the need for a first-class hotel was apparent~ in order to attract the larger conventions° Mro Chaffee felt the mcp~tary return on a two million dollar parcel of property of approximately. 4%, was too small, and also according to the proposed agreement binding the City, if their position is upheld, the City could find themselves in the position of having an unstarted or unfinished hotel° Mro Robert ~!ardin, 2127 West Ball Road, Anaheim, advised that~he was not present to fight the lawsuit, but their main contention was that this exceeded the authority of the joint Powers Act° He noted that Resolu- tion No. 21, authorizing the issuance o~ necessary bonds, states that the proceeds of every sale~ lease~ or other disposition of the property will be deposited in the revenue fund~ In his opinion, the funds could not be used by the City o£ Anaheim, nor used to purchase the additional property, as planned° That the Resolution further sets forth the fact that no property can be disposed of unless not needed for the faci~it~o · Mr Hardin reported on an offer received by Mr° Eidelson for ap- proximately ~ acres of property from Royal Inns, and for comparison purposes noted the Eidelson was for 200 units~ Anaheim ~ 500 to 1~000 units. The term of the lease was 55 years~ compared to 50 years~ return on the first stage of constructi~n was $2,500°00 per month, compared to $1,000.00 per month; after construction, $5~000o00 guaranteed mimimum per month,.compared 69-206 City Hall~ Anaheim~ California -. COUNCIl MINUTES ~ A ril 8 1969~ 1:30 PoMe to approximately $6,666°00 per month; 7-1/2% room rental~ compared to 5-1/2%. He noted this comparison was on appr~)ximately 4. acres, as against an approxi- mate 11 acres. It was his firm opinion that the revenue from the Royal Inns lease could not be used to purchase the Schroeder property, and even if leas- ing the property was considered proper, from an e~.onomical standpoint the proposed lease was not the best possible deal that could be obtained° Mro Geisler stated that he disagreed with beth Mr. Chaffee and Mr. Hardin, and that the analysis of the value of the lawsuit was described in their failure to seek a preliminary injunction and post the required bond to guarantee the City and other interested parties against loss, in the event the case was ruled in. fav'~ of the City° In his opinion~ the lease revenue to be obtained from the Royal Inns lease was not pledged; what the City did with the property on a sub- lease was at the discretion of the City° He gave as an example the leasing of the parking lot~ eteo, and further advised that the money pledged to the Community Center Authority is the required amount necessary to retire the bonds. Another item pledged was the Rc~<om Occupancy Tax, and Mr. Geisler noted many other cities have a similar tax, which revenue therefrom goes into their General Fund° Mro Geisler advised that he did not negotiate the terms of the lease, that this negotiation was made on behalf of the City by Mr. Alan Orsborn who, in his opinion, negotiated a very competent lease° Of the many offers he has reviewed, none exceeded this one° Mr. Geisler further reported that there was no restraining order against the City at the present time, and the determination is that of the City Council. Mr. Geisler noted that the acquisition of subject property was an absolute requirement in order to locate the Convention Center at this par- ticular location° He reported on other l©cations considered, and stated that the Disneyland Hotel, a party to this action, was extremely interested in having the Convention Center at the present location, which is near their property. He stated that with the acquisition of this portion of the Con- vention Center site it was expressed clearly that this was acquired as a part of the complex, but not a part of the complex to be developed for the Convention Center, but in fact to be leased for a private operation compat- ible with the area; the property under consideration has always been con- sidered excess property° Mr. Geisler noted similar leases by Royal Inns with the City of Santa Mortice and Port Authority' cf San Dieyo, and also noted that Wrather Corporation~ one of the clients represented by Mro Chaffee and Mr. Hardin, presently have a lease with the City of Newport Beach~ The subject lease cannot be considered an operation of ~ hotel by' the City of Anaheim. At the request of Mayor Clark, Mir° Orsborn noted again the terms of the proposed lease and advised that in addition to room rental percent- age returns there is a provision for a ~percentage return on beverage and food sales, and also incidental room rentals~ In addition, there is a 10% provision on all other rentals that might be derived from the operation of the facilit/~ For comparison purp~ses, Mr. Orsborn stated if the room rental percentage were increased 2%, based on an anticipated 65% occupancy, in- creased revenue to the City would be approximately $36,775°00 per year; however, in the process of increasing the room rental returns by 2%,the City would stand to lose $60,000o00 per year on projected food sales, $19,000.00 per year on projected beverage sales, or an approximate $44,000.00 per year° In his opinion, the proposed lease, on the basis of 5-1/2% room rental, 5% on gross beverage sales, 3% en gross food sales~ 4% on confer- ence room rentals, and 10% on all other gross rentals was far the better proposal. 69-207 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 8, 1969, 1:30 P.M. Mro Hardin briefly explained steps taken in a case such as this, and reported that the preliminary injunction was not sought, because of the $1,000,000o00 bond required, which represents a premium of $100,000.00. A preliminary injunction did not go into the merits of the lawsuit, that this was a matter handled at the time of trial° Mro Geisler voiced his objection to Mr. Hardin's attempt to give legal advice to the City Council, and stated that when the City is in a lawsuit he felt it was improper for an opposing attorney to attempt to ad- vise his client in. connection with the lawsuit° Mro Hardin explained that he was in no way attempting to give legal advice to the City Council and advised that he was merely relating what he read in, the documents inv©lved~ Mro Geisler again advised the City Council that if the opposition applied for and received a Restraining Order and furnished the required bond that they would be responsible for the danages by restraining the Council from taking action; that by not asking £or a Preliminary Injunction, and not posting the required bond, they were not liable for damages cauSed by the City Council's inaction~ Councilman Dutton, speaking for himself, advised that he had stud- ied the proposed lease and was aware, from personal experience, that the lease was a good one, and stated he was prepared to offer a motion that the proposed lease with Royal Inns be entered into by the City of Anaheim. Councilman Krein asked Mro Geisler if he had any reason to delay CoUncil action on the lease further, inasmuch as he was not a party to the negotiation. Mr~ Chaffee felt it would make no difference for the City Council to delay further as they have been advised by their legal counsel that they can proceed and apparently it was the feeling that the offer made was the best one obtainable° He asked if the situation was reversed would the City post such a bond° Mr~ Chaffee stated that regardless of whatever thc sta~a of construc- tion may be, the City is now on notice that the lawsuit is very ~uch alive and will be until the judicial issue is finally determined. Mr. Geisler, in answer to Councilman Krein's question, stated that he would request no further time~ He reported that no one can guarantee the outcome of the lawsuit, as this ~ne was no different than any other that may be brought against the City° As far as posting a bond~ Mr~ Geisler felt if an action brought by the City required a bond, the bond would be posted° Councilman Krein stated his willingness to second the motion made by Councilman Duttcno Councilman Schcate noted his wish to be fair and just to all con- cerned, and briefly explained how the present site for the Convention COn- ter was selected° He noted the need for an additional hotel, which was apparently agreed to by' everyone, the only difference being was the feeling that Royal Inns were not the ones to accomplish this° Councilman PebleyI felt the area for investigation was not necess- arily the legal aspects of the action~ but perhaps the monetary returns of the proposed lease° He stated he knew of no transaction that tied up pro- perty with an approximate $2,000,000~00 value with only an $80,000.00 per year guarantee, or a 4% return on the investment° Mr. Hardin reported that the Eidelson proposal also was to re' ceive 2% on food sales. 69-208 City Hall, Anaheim, California ~ COUNCIL MINI~ES-. April 8~ 196~ 1:30 PoMo RESOLUTION NOo 69R-205~ At the conclusion of the discussion, Councilman Dutton offered Resolution Noo 69R-205 for adoption, authorizing the Mayor and City Clerk to execute the lease as submitted by Royal Inns of America° Refer to Resc.ution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND ROYAL INNS OF AMERICA, INC~ Roll Call Vote: AYES: COUNCILMEN: D~tton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN~ None ABSENT~ COUNCILMEN~ None The Mayor declared Resolution NOo 69R-205 duly passed and adopted. CULTURAL ARTS COMMISSION ~ APPOINTMENT: The City' Manager reported that Bernard L. Smith has been contacted, as previously discussed by the City Council, and has consented to serve on the Cultural Arts Commission, if appointed. By general consent of the City Council, Mro Smith was unanimously appointed to fill the existing vacancy on the Cultural Arts Commission. RESOLUTION NOo 69R-206: On report and recommendation of the City Attorney, Coun- cilman Krein offered Resolution Noo 69R-206 for adoption° Refer to Resolution Book. A RES£_~UTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY AND AUTHORIZING THE EXECUTION OF A CONVEY- ANCE THEREOF° (Bay Summit, Inco- Tract No. 6771)o Roll Call Vote: f~.TES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN~ None ABSENT: COUNCILMEN~ None The Mayor declared Resolution No~ 69R~206 duly passed and adopted. REQUEST FOR WAIVER OF LICENSE FEES ~ ANAHEIM BREAKFAST LIONS CLUB: Request of the Anaheim Breakfast Lions Club was submitted for waiver of license fees in connection with the James Brothers Circus to be held May 6, 1969, on the east side of State College Boulevard, at Vermont Avenue° On recommendation of the City Attorney, Councilman Krein moved that waiver of license fees on behalf of the Anaheim Breakfast Lions Club be granted with the exception of the food handling concession, for which required license must be obtained° Councilman Dutton seconded the motion. MOTION CARRIED° RECESS: Councilman Krein moved to recess to Executive Session for the purpose of considering a personnel matter° Councilman Schutte seconded the motion° MOTION CARRIED. (6~15 ?0M0)o AFTER RECESS: All members of' the City Council returned to the Council Chambers. ADJOURNMENT: Councilman Pebley moved to adjourn° Councilman Schutte seconded the motion° Prior to voting on said motion it was noted that a quorum would not be present April 15, 1969o MOTION CARRIED° (6:25 PoM.) \ City Clerk