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1970/03/3170- 143 City Hall, Anaheim, .California- COUNCIL MINUTES - March 31, 1970, 1:30 Po~. REPORT - FINANCIAL DF~MANDS AGAINST THE CITY: Demands against the City, in the amount of $1,533,547.40, in accordance with the 1969-70 Budget, were approved° PUBLIC REARING - RECLASSIFICATION NO. 69-70-34: Initiated by the City Planning Commission for a change of zone from County Al, to City of Anaheim R-A, on County A1 zoned property located on the north side of Katella-Howell Avenue, and further described as the StrU:ek-.Katella Anne.xat, ton. The City Planning Commission, pursuant to Resolution No. PC70-29, recommended said reclassification be approved, subject to 'the following con- dition: 1. That these reclassification proceedings are granted, subject to completion of annexation of subject property to the City of Anaheim. Mayor Clark asked if anyone wished to address the City Council; hearing no response, declared the hearing closed. RESOLUTION NO. 70R-150: Councilman Pebley offered Resolution No. 70R-150 for adoption, authorizing preparation of necessary ordinance changing the zone as recommended by the City Planning 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 ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (69-70-34 - R-A) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 70R-150 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 69-70-35 AND VARIANCE NO. 2152: Initiated by the City Planning Commission for a change of zone from County of Orange Al, to City of Anaheim M-l, on County A1 zoned property located on the north side of Katella Avenue-Howell Avenue intersection, and further described as a portion of the StruC~Katella Annexation, with waiver of: a. Required structural setback adjacent to residentially zoned properties. (Said waiver requested by Margaret Mayes, et al) The City Planning Commission, pursuant to Resolution No. PC70-30, recommended said reclassification be approved, subject to the following con- ditions: 1. That subject property shall be developed in accordance with cir- culation depicted on Area Development Plan No. 105, Alternate No. 6. 2. That the vehicular access rights to Katella Avenue shall be dedi- cated to the City of Anaheim. 3. 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. 4. 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 "High- way Rights-of-Way," prior to the adoption of ordinances rezoning the property. 5. That the owner of subject property shall install street lighting on all streets within the area, as required by the Director of Public Utilities, at the time the property is developed. 70~ 144 City Hall~ Anaheim, California - COUNCIL MINUTES - March..~31, 1970., 1:30 P.M, · 6. That a preliminary title report shall be furnished Prior to the~.adoption of an ordinance rezoning the~property, showinglegal vesting of title, legal description, and containing a map of the property. 7. That ordinances reclassifYing'the property sha'll be~ ~ddpted' as each· parcel is ready to comply with conditions pertaining to such par- cel; PROVIDED, HOWEVER, that the word-"parcel" shall mean presently'exist- ing parcels of record, and any parcel or parcels approved by the City Coun- cil for a lot split. The City Planning Commission, pursuan~ to Resolution No. PC70- 31, granted said variance, subject to the following conditions: 1. That th~s variance is .granted subject to ~the completion of Reclassification No. 69-70-35, now pending.. 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 all air-conditioning facilities shall be properly shielded from view._. .... -.- 5. That subject property shall~ be s~rved by undergoUnd utili- ties, subject to review by the Development Services and Utilities Depart- ment as to its feasibility or modification.-. 6. That Condition Nos. 2, 3, 4, and 5, above mentioned, shall be complied with prior to final building and'zoning inspectionsl 7. ',,That subject property shall be.deVeloped substantially in accordancewith plans and~.specifications on file with the City.0f Anaheim, marked Exhibit Nos. 1, 2, 3, and 4, and Area Development Plan No. 105, Al- ternate 6. Zoning Supervisor Charles Roberts requested that the scheduled public hearing on Area Development Plan No 105 be considered in. conjunc- tion with Reclassification No. 69-70-35 and VarianCe No. 2152. AREA DEVELOPMENT PLAN NO. 105: To provide a circulation plan for proper- ties located between the proposed OrangeFreewaY on the east,the alignment extension of Sunkist on the west, the Southern Pacific P,~ilroad on the north, and Howell and Katella Avenues on the'south.. .:' ..~ ~ ,The City Planning Commission, ,pursuant to ReSOlution No. PC70- 28, recommended the adoption of Area Development Plan No. 105, Alternate No. 6. Mr.. Roberts noted the location,of subject proper~y, the existing uses and zoning in the immediate area, and briefed the evidence submitted to and considered by the City Planning Commission. Mr. Mac Slaughter,I of the Development ~SerV. ic,es~Depar~ment,~' re- porting that possible vehicular circulation problems could result from the pending Struck-Katella Annexation and subsequent zoning actions, ami also from State Highway plans for development of Orange Freeway, outlined the various alternatives proposed· for this area. Mr. Slaughter stated~that pro- perty owners directly affected seemed to be in favor of Alternate-No. 6. Mr. Slaughter reported that recent discussions with the State Highway Department indicated the Orange Freeway offramp at Katella Avenue will be signalized, rather than high speed, as formerly proposed, thus dedication of access rights~to~atella Avenue may not be necessary on Re- classification No. 69,70-35. Councilman Dutton brought up the point-that a 300-foot dedica- tion would probably adversely affect the prop6sed service station~on the Southeast corner of subject property. Mayor Clark asked if anyone in the audience wi·shed to address the City Council. 70- 145 City Hall, Anaheim, California - COUNCIL MINUTES - March 31, 1970, 1:30 P.M. Mr. Odra L. Chandler, Attorney-at-Law, 608 South Harbor Boulevard, Anaheim, representing property owners involved basically with Reclassification No. 69-70-35, said the subject property is being sold in two Separate parcelm and the Katella AvenUe dedication requirements would leave'one parcel with no access. He urged the Council to adopt Alternate No. 6 of the Area Development Plan, and also to delete City Planning Commission Condition No. 2 on Reclassi- fication No. 69-70-35. MAyor Clark asked if anyone else wished to address the Council; hear- ing no response~ declared the hearing closed. RESOLUTION NO. 70R-151: Councilman Krein offered Resolution No. 70R-151 for adoption, authorizing the preparation of necessary ordinance changing the zo~e as requested, subject to the conditions recommended by the City Planning Com- mission, but deleting Condition No. 2 from the requirements. 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 THAT THE ~BOUNDARIES OF CERTAIN zoNEs SHOULD BEcHANGED. (69- 70-35 - M-l) Roll Call Vote: AYES: COUNCILMEN: Dutton,.~ Krein, Schutte, Pebley and Clark NOES: COUNCILMEN~ None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 70R-151 duly passed and adopted. RESOLUTION NO. 70R-152:' Councilman Krein offered Resolution No. 70R-152 for adoption, ~granting Variance' No~ 2152 as requested, subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book,~ A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF ANAHEIM GRANTING VARIANCE NO. 2152. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein,~ Schutte, Pebley and Clark NOES:· COUNCILMEN: None ABSENT: COUNCILMEN: ~None The Mayor declared Resolution No. 70R-152 duly passed and adopted. RESOLUTION NO. 70R-153: Councilman Krein offered Resolution No. 70R-153 for adoption, approving Area Development Plan No. 105, in accordance with Alter- nate No. 6, as recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AREA DEVELOPMENT PLAN NO. 105, ALTERNATE NO. 6. Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 70R-153 duly passed and adopted. 70-146 City Hall, Anaheim, Califprnia - COUNCIL MINUTES.- March 31, 1970, 1:30 P.}L PUBLIC HEARING~- RECIeA~S.IFICATION NO. 69-70-38: Initiated by the City Plannin:l Commission for a change of zone to R-A on property located at the northea;~t and southeast corners of Fee Aha Street and La Palma AvenUe, and further described as the. La Palma-~ee Ana Annexatton, which Annexation was compleaed January 16, 1970. The City Planning Commission, pursuant to Resolution No. PC70-32, recommended subject reclassification be approved unconditionally. Councilman Dutton asked what the present zoning was on this pro- perry. Zoning Supervisor Charles Roberts replied that since the annexa- tion of this property was completed before the zoning case was initiated, technically it came into the City of Anaheim unzoned. Mayor Clark asked if anyone wished to address the Council; hear- ing no response,, declared the hearing closed. RESOLUTION NO. 70R-%541, Councilman Schutte offered Resolution No. 70R-154 for adoption,' aUthorizing preparation of necessary ordinance changing the zone as recommended by the C~y Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THECITY OF ANAHEIM 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. (69~70-38 - R-A) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor d~clared Resolution No. 70R-154 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 69-70-39: Initiated by the City Planning Commission for a change of zone from R-A, to M-.1, on property located at the northeast and'southeast corners of Fee Aha Street and La palma Avenue, and further described as the La Palma-Fee Ana Annexation. The City Planning Commission, pursUant to Resolution No. PC70-33, recommended said reclassification be approved, subject to the following con- ditions: 1. That all engineering requirements of the City of Anaheim, such as curbS~and gutters, sidewalkS, street grading and paving, drainage facilities, or other appurtenant work shall be compiled with as required by the City Engineer at the time the property is developed. 2. That dedication shall be made to the City of Anaheim on all streets within the area, according to the CirculationElement of the Gen- eral Plan "Highway Rights%ofrWay," prior to the adoption of ordinances re- zoning the property. 3. That the owner of subject property shall install~street light- ing on all streets within the area, as required by 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. 5. That ordinances reclassifying the property shall be adopted as each parcel is ready to comply with conditions pertaining to such par- cel; PROVIDED, HOWEVER, that the word "parcel" shall mean presently exist- ing parcels of record, and any parcel or parcels approved by the City Co~.n- cil for a lot split. 70-147 City Hall, Anaheim, California - COUNCIL MINUTES - March 31, 1970, 1:30 P.M. Mayor Clark asked if anyone wished to address the Council; hearing no response, declared the hearing closed. RESOLUTION NO. 70R-155: Councilman Pebley offered Resolution No. 70R-155 for adoption, authorizing preparation of necessary ordinance changing the zone as requested, subject to the conditions recommended by the City Planning Commis- sion. 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 THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (69-70-39 - M-l) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 70R-155 duly passed and adopted. PUBLIC REARING - VARIANCE NO. 2139: Submitted by John and Anna Krajacic, requesting an amendment for deletions of conditions of Resolution No. PC69-235, granting Variance No. 2139, to permit the storage of trailers, campers, and boats, on the rear of R-A Zoned property located on the south side of Lincoln Avenue, east of Dale Avenue. The City Planning Commission, pursuant to Resolution No. PC69-235, adopted November 17, 1969, granted Variance No. 2139, subject to conditions. At the request of the Applicant, public hearing was held by the City Planning Commission February 25, 1970, for the purpose of considering amendment or deletion of certain conditions established by Resolution No. PC69-235. Based on evidence submitted, the City Planning Commission amended Condition No. 11, extending the time period from 90 days to 365 days from original approval, or to November 16, 1970, limiting the number of~vehicles stored on the property to 48. Pursuant to City Planning Commission Resolution No. PC70-20, condi- tions of approval were restated for clarification purposes, as follows: (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 plans and speci- fications 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 the above mentioned requirement. (2) That the owner of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Lincoln Avenue, for street lighting purposes. (3) 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. (4) That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. (5) That fire hydrants shall be installed as required and deter- mined to be necessary by the Chief of the Fire Department. (6) Drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. (7) 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. 70- 148 ~ity Hal~, Anaheim,. California - COUNCIL MINUTES.-" March.,31, ~970,. 1:30 P.M.. (8) That tree screen landscaping, shall be planted and'maintained along the east, south, and west property lines of the trailer, camper, and boat storage area, adjacent to the existing 6-foot masonry wall. (9) That drives andtravelways shall be blacktOpped,'and that" the area where travel trailers and boats are to be stored shall be treated with a sodium compound to elimimate the'weeds and dust from affecting ad- joining property owners. (10) That a sewerage dump station shall be provided on subject property. (11) That Condition Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, above mentioned, shall'be compl'ied With within a period of 365 days from date of the original resolution, namelY NoVembe~ 17, 1969; provided that only 48 campe=S/trailers/boats are stored on the property; that if more than 48 vehicles are proposed to be stored said 365 day time limit shall become null and void and the petitioner shall comply with the aforementioned con- ditions immediately; and further provided that upon the expiration of said 365 days (November 16, 1970), if the conditions have not been complied with, operation of the storage of vehicles shall cease a~d desist within 10 days of said expiration, and.all vehicl, es~remoVed from the Premises. Appeal from action taken by the City Planning Commission was filed by the Applicant and public hearing scheduled. Mr. ~Roberts noted.the location-of subject property, 'the zoning and uses in the immediate vicinity. In~summarizing. the evidence submitted to the C~ty Planning Com- mission, Mr. Roberts reported on the findings and amendment .authorized, advising that should the operation be expanded the conditions proposed should be complied with immediately. In answer to question raised by Councilman Dutton, Mr. Roberts rePorted that this situation came to the attention of the Development Ser- vices Division as result of a complaint concerning a sign on the property, at Which time the-legality of the use was also questioned. Discussion was held by the City Council and the cost of the in- stallation of a~ fire hydrant noted. Also considered was permitting the use for a period of three years, rather than one year. Mr. John Krajac$c reported on the amount expended, for improve- ments and requested the number of vehicles be increased as'the property would accommodate 30 or 40 more trailers, 4 feet apart, and agreed to immediately install curbs, gutters and sidewalks, and comply with require- ments of the Fire Department as to distance between the vehicles. In his opinion, this was a good .use until a permanent development can' be accom- plished. '. Mr. Dale L. Ingram, P.O. Box 229, E1 Monte, California, repre- senting Mayer Construction Corporation, Downey, owners and builders of the motel at 2738 West Lincoln Avenue, east of subject property, reported that the existing trailers were on the property when his clients purchased the adjacent land; however, they were not aware that it was then an il- legal or non-conforming use. He requested the City Council to Uphold the City Planning Commission on development standard requirements, and called attention to the fact their development met such standards, i~cluding the installation of a~.on-sit~ fire'hydrant, due to' the 6'00-foot,depth of the property. Mr. Ingram stated that if anyone had ever witnessed a fire in a trailer coach or camper he would understand why water must be available. He stated that the proposed activity should be thoroughly considered, as well as the problems of a storage yard, the most important one of which is that of neglect. He recognized the need for such a service, but felt that it should be established in an M-zone, rather than a highly commer- cial zone. 70-149 C~y Hall, Anaheim, California - COUNCIL MINUTES - March 31, 1970, 1:30 P.M. Mr. Ingram also noted that there was no'time limit on the variance, and instead of being an interim use it will become a permanent use upon com~ plying with the conditions established. If the use is approved, in his opin- ion, additional restrictions should be imposed, such as requiring periodic cleaning of the stored vehicles and the parking land, and a restriction against storage of wrecked or partially dismantled vehicles. Councilman Pebley asked Mr. Ingram if he would be agreeable to al- lowing the interim use for a period of three years from November 17, 1969, subject to installation of curbs, gutters and sidewalks within 6 months, re~ quiring a parking plan, subject to the approval of the Fire Chief, and pro- viding for dust control. Upon receipt of an affirmative reply, Councilman Pebley thereupon offered a Resolution accordingly~ It being considered sufficient evidence had been pre~se,nted, Mayor Clark declared the hearing closed~ Deputy City Attorney Frank Lowry advised of his concern relative to possible liability against the City in the event of a fire. He noted that by this action, unless regulations of the Fire Department are complied with, the Council will be sanctioning a non-conforming use° Further discussion was held by the City Council; at the conclusion thereof, Councilman Pebley withdrew said.Resolution, and upon motion by Coun- cilman Krein, seconded by Councilman Pebley, decision on Variance No. 2139 was continued one week to obtain report from the Fire Department on necessary requirements. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: Action taken by the City Planning Commission at ~heir meeting held March'9, 1970, pertaining to the following applications were submitted for City Council information and consideration: CONDITIONAL USE PERMIT NO. 1160: Submitted by Walter and Lena Kostiw, to es- tablish a self-service carwash, on C-1 zoned property north and west of the northwest corner of La Palma Avenue'and Harbor Boulevard, with waivers of: (a) Number of and distance between free-standing signs. (b) Location of a free-standing sign. The City Planning Commission, pursuant to Resolution No. PC70-39, granted subject conditional use permit, subject to conditions. CONDITIONAL USE PERMIT NO. 1161: Submitted by Samuel Lee Miller, Sro, to es- tablish an auto repair and painting facility in an existing structure, on M-1 zoned property at the southeast corner of Loara Street and Embassy Street. The City Planning Commission, pursuant to Resolution No. PC70-38, granted said conditional use permit, subject to conditions. VARIANCE NO. 2157: Submitted by Halo Investments, to erect a free-standing sign on R-A zoned property located at 3415 West Ball Road, with waiver of: a. Maximum permitted display area. The City Planning Commission, pursuant to Resolution No. PC70-34, granted said variance, subject to conditions. VARIANCE NO. 2162: Submitted by George M. Elt£nge, to erect two additional free-standing signs, on C-1 zoned property, at 3021 West Lincoln Avenue, (Zody's Shopping Center),with waivers of: a. Maximum aggregate sign display area. b. Maximum number of and distance between free-standing signs° c. Minimum ground clearance of a free-standing sign. (Withdrawn). d. Maximum height within 300 feet of a residential structure. The City Planning Commission, pursuant to Resolution No. PC70-35, granted said variance in part, subject to conditions. VARIANCE NO. 2054: Submitted by Ralph Jensen, Apollo Development Company, requesting to increase the number of single-family structures having less than minimum 1,525 square feet of floor area, from 13 structures to 20 stru~- tures, on property zoned R-2-5,000 in its western half, and R-A (Resolution of Intent to R-2-5,000 and R-1 - 67-68-98) in its eastern half, and located or~ the east side of Rio Vista Street, north of Lincoln Avenue. 7O- 150 City Hall, Anaheim, California, - COUNCIL MINUTES- March 3!,. 197Q, !.:.~O P.M. The City Planning CommisSion granted permission to increase to a total of 20 the number of homes permitted under Variance No. 2054 to be less than 1,525 square feet. VARIANCE NO..20~2: Submitted by C,M. Jonea, C. Michael, Inc., requesting an extension of 'time for a period of one year, on Va:lance No. 2062. M-1 z~ned property is located on the east side of East Street, north of Ball Road. (ReSolutiOn of Intent to R-3 - 68-69-49.) The City, Planning Commission granted a one-year extension of time from March 10, 1970; The foregoing actions were reviewed by the City Council and no further action taken. VARIANCE NO., 215~ Submitted by Income Property Specialists, Incorporated, to establ$sh a two-s~ory, 61-unit apartment complex, on R-3 zoned property located at th~. northwest corner of La Palma Avenue and Olive Street, with waivers of: a.. MinimUm distance between buildings. b. MinimUm structural setback from a street. c. Minimum number of required parking spaces. d. Maximum permitted number of main buildings. The City Planning Commission, pursuant to Resolution No. PC70-37, granted said variance in part, approving Waiver a, withdrawing Waiver b as not applicable, denying Waiver c, and eliminating waiver d, as not needed, subject tO conditions. Review of action taken by the City Planning Commission was re- quested by Councilman Clark, and the City Clerk was instructed to schedule the matter for public hearing before the City Council. TENTATIVE TRACT ~O. ~674, REVISION 3, (VARIANCE NO. 2161): Developer- Lusk Corporation; property located northwesterly of Nohl Ranch Road and Royal Oak Road, containing 51 R-H'proposed zoned lots. On. motion by Councilman Pebley, seconded by Councilman Schutte, said Tentative Tract was continued to be heard in conjunction with Variance No. 2161. FIP~.WORKS DISPLAY PERMIT - DISNEYLAND, INC.: Application filed by Raymond Contrucci, PreSident of California Fireworks Display Company, for permit to allow public fireworks displays from June 20 through September 12, and also September 26 and December 31, 1970, at Disneyland Park, Inc., was mitred and granted as requested, on motion by Councilman Krein, seconded by Councilman Dutton. MOTION CARRIED. PURCHASE OF GASOLINE: The AsSistant City Manager reported On informal bids re- ceived for the purchase of gasoline as follows: SHELL QIL COMPANY 400 ~allons and over Re~ Premium .1916 .2096 T~u~,and Traile~r ~ Premium .1766 .1946 STANDARD OI~ COMPANY 4Q0 gallons and over Regular Premium .1971 .2151 Truck and Trailer Regular Premium .1776 .1956 On recommendation of the Assistant City Manager, Councilman Clark moved that the bid of Standard Oil Company be accepted and purchase contract for one year authorized as best qualified bid. Councilman Dutt,)n seconded the motion. MOTION CARRIED. 70-151 City Hall, Anaheim, California - COUNCIL MINUTES - March 31, 1970, 1:30 P.M CLAIMS AGAINST THE CITY: The following claims were denied, as recommended.by the City Attorney, and ordered referred to the insurance carrier, on motion by Councilman Dutton, seconded by Councilman Pebley: a. Claim submitted by Duro-Press Garment Finishing Company, Inc., for purported personal property damage sustained on or about February 16, 1970, due to a power failure. b. Claim submitted by Mr. and Mrs. Harry M. Poland, for purported personal property damages sustained on our about February 27, 1970, due to hitting a chuck hole in the street. c. Claim submitted by Mrs. L.K. Spaulding, for purported personai property damages sustained on or about March 6, 1970, due to Meter Reader breaking hinge on gate. MOTION CARRIED. RESOLUTION NO. 70R-156: Councilman Dutton offered Resolution No. 70R-156 for adop- tion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE SUBMISSION OF A REQUEST TO THE PUBLIC UTILITIES COMMISSION FOR FUNDS FROM THE CROSSING PROTECTION FUND FOR PROTECTION OF CROSSING NO. 2N-0.8 AT THE INTERSECTION OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD AND TUSTIN AVE- NUE, IN THE CITY OF ANAHEIM. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 70R-156 duly passed and adopted. CORRESPONDENCE: The following correspondence was ordered received and filed, on motion by Councilman Dutton, seconded by Councilman Krein: a. Minutes - Anaheim Public Library Board - February 16, 1970. b. Resolution of the Board of Supervisors of Orange County - Pro- claiming April, 1970, as Civic Beauty Month in Orange County. c. Invitation - Cultural Arts Commission - To attend a meeting for the purpose of forming an "Anaheim Beautiful" organization. d. Before the Public Utilities Commission of the State of Califor- nia - Application of the Pacific Telephone and Telegraph Company, a corpora- tion, authority to increase certain intrastate rates and charges applicable to telephone services furnished within the State of California. ~On file). e. Financial and Operating Reports for the Months of January and February, 1970. f. Minutes - Parks and Recreation Commission - February 19, 1970. MOTION CARRIED. ORDINANCE NO. 2794: Councilman Dutton offered Ordinance No. 2 794 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 Euclid, Brookhurst and Jefferson Streets.) Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Ordinance No. 2794 duly passed and adopted. 70-152 ~ity Hall, Anaheim,.California - COUNCIL MINUTES - March 31, 1970, i:30~P.M. ORDINANCE Npz ~795j Councilman Clark offered Ordinance No. 2795 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM'AMENDING TITLE 180FTHE ANAHEIM MUNICIPAL CODE'RELATING'TO. ZONING. (61~62-69 (39) - M-I) Roll Call Vote: AYES: .cOuNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: The Mayor d~clared Ordinance No. 2795 duly passed and adopted. Dutton, Krein, Schutte, Pebley and Clark None None ORDINANCE NO. 2796: Councilman Pebley offered Ordinance No. 2796 for adoption. Refer to Ordinance Book. AN ORDINANCE,OF THE CiTY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69.70-24 - R-3) Roll Call Vote~ .AYES: :COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark 'NOES: COUNCiLMEN:~ None ' ABSENTf cOUNcILMEN: None The'Mayor"declared Ordinance No. 2796 duly passed and adopted. ORDI.N~CE NO.~.27~7~ CounCilman Krein o'ffered Ordinance No. 2797 as an Urgency ordinance "for~gd~ption.'.. Said o~dinance 'was read in full by the City Clerk. '" Refer to ordinance Book. AN URGENCY ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32 OF THE ANAHEIM.MUNICIPAL CODE RELATING TO.PARKING.· (Two-hour Park- ing - Chartres Street, on both sides, between Helena Street and Harbor Boulevard.) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES.: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 2797 duly passed and adopted. ORDINANCE NO. 2798: Councilman Pebley offered Ordinance No. 2798 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.271 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO PARKING. (School Zones - Two-Hour Parking. North Janss Street, on both sides of the three hundred block.) ALCOHOLIC BEVERAGE LICENSE APPLICATIONS: The following applications were pre- sented by the Assistant City Manager to the City Council, for their in- formation: a. Application submitted by William Alfred Tomp, for On-Sale Beer, Person-to=Person Transfer, for Cozy Corner, 300 East Lincoln Ave- nue. b. Application submit~ed by L,E.Jennings, Assistant Secretary~ National Convenience Stores, Inc., for Off-Sale Beer and Wine, Person-to- Person Transfer, for Stop N Go Market, 1716 West Glenoaks. 70-153 City Hall, Anaheim, Cal~fornia'T COUNCIL MINUTE~ 5 March 31, 1970, 1:30 P.M. c. Applicatio~ Sub~itted':by'Verna Marie Smith, for On-Sale Beer and Wine (Bona Fide Eating!Place), Person-to-Person Transfer, for Silver Pony, 3456-A West Orange Avenue. d. Application ,Submitt~di'by Leonard Phares and Rosaleen NMN Carter, for Off-Sale Beer. and Win~ P~rs~n~t°~..P~on Transfer, for an Un-named place of business (formerly Kerr'~ Ma~ke~','~.a~5407'East North Street. e. Appli~atiod.'isubmitted'by I~T Canteen Corporation, for On-Sale General (Bona Fide~Eatfpg~l~ce)',' PerSon- to-person Transfer, for Anaheim Stadium, 2000 South StateI Colleg~'BoulevArd. No'C0uncil action wa~ taken on the foregoing applications. ALCOHOLIC BEVERAGE LICENSE: APPLI~A~I9N:t .%he Assistant City Manager presented the following application to the City Co~cil, for their information: Application submftted?by Eugene L. Buckley, for New On-Sale Beer License, at 174 West'Lincoln Avenue~'~Un~nam~d business. On motion by Councilman. Krein, seconded by Councilman Dutton, the City Attorney was authorized.~tO fi~e C6nd~ional Protest with the Alcoholic Beverage Control Board'againSt said,application, on the basis that under Ordinance No. 2786 a conditfonal.'~Use',permit must. be obtained for this estab- lishment. MOTION CARRIED. PATENT - CONVENTION cENTERREADE~BOARD"S~RVICE ~MARK: On motion by Councilman Dui- ton, seconded by Co~iim~n~K~fi~,: M~yor.. dlark was authorized to sign the application for design paten~ and'service mark for the Convention Center Reader Board. MOTION C~..RRIED. RESOLUTION NO. 70R-157 'i~L'.~!NO.':~A.N~..~AR~ING LOT LEASE AGREEMENT: Councilman Krefn offered Res0!utiO~.~N0. ?0R%'157 for adoption. Refer to R~solu~ion ~iook. A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF.~NAHEIM AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT' BETWEEN THE CITY OF ANAHEIM AND EL CAMINO BANK. Roll Call Vote~ AYES: NOES: AB SENT: COUNCILMEN: Dutto~, Krein, Schutte, Pebley and Clark COUNCILMEN: None COUNCILMEN: None The Mayor declared Resolution No. 70R-157 duly passed and adopted. RESOLUTION NO. 70R-158 - FUSE COORDINATION STUDY CONSULTANT; Councilman Krein offered Resolution No. 70R-~'58 for adoption. Refer to Resolu~ion Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH FRANK D. BEARDSLEY TO CONDUCT A RELAY FUSE STUDY. Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 70R-158 duly passed and adopted. RECESS: Councilman Pebley .moved to Recess .to 7:00 P.M. Councilman Schutte seconded the motion. MOTION CARRIED. (3:00 P.M.) 70-154 ~ity Hal!, Anaheim, ~a~ifornia - COL~qCIL MINUTES - March 31, 1970, 1:30 P.M. RECESSED MEETING: 7.:00 P.M. PRESENT: COUNCILMEN: Dut[on, Schutte, Pebley (entered at 7:15 P.M.), and Clark ' ABSENT: COUNCILMEN: Krein PRESENT: ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: joseph B'. Geisler CITY CLERK: Dene M. Williams ASSISTANT DIRECTOR OF DEVELOPMENT sERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Clark called the meeting to order. PUBLIC N~ARING - RECLASSIFICATION NO. 69-70~36 AND VARIANCE NO. 2154: Submitted by Dominic C. Etchandy, requesting a change of zone from R-A to R-3, to es- tablish a tWO and three story, 348-unit, multiple-family residential de- velopmenton R-A zoned property, located south and east of the southeast corner of Western and Orange Avenues, with waivers of: · a. permitted number of main~structures. b. Minimum required floor area per.unit. c. Maximum building height. d. Maximum building height within 150 feet of any R-A or single- family residential zone. e. Minimum distance between buildings. f. EnClosure of carp°rts. The City Planning CommissiOn, pursuant to Resolution.No. PC70- 21, recommended said Reclassification be disapproved, and ~pursuant.~to Reso- lution No. PC70-22, denied said Variance. The City Clerk submitted Correspondence dated March 26, 1970, from John F. Simpson and from Junius A. Park dated March 27, 1970, in op- position to subject request. Zqning Supervisor Charles Roberts noted the lo~ca~ion of subject property, comprising approximately 13 acreS, the existing uses and zoning in the immediate area, and briefed the evidence submitted to and consid- ered by the City Planning Commission, noting their findings and basis upon which said applications were recommended for denial. Councilman Clark reported he had received a phone call challen- ging the statement that there were no apartmentS'Within a perimeter of one-half mile of subject property. Mr. Roberts replied that there are none within a half-mile driving distance, and thereupon noted on the sec- tional zoning map those areas zoned R-3. Mayor Clark asked if the owner or his agent was present and wished to address the City Council.. '" Mr. Gared N. Smith, Architect for Applicant's Agent, presented rendering of the proposed project and outlined the plans of the develop- ers, Covington Brothers, explaining the reasons for requesting the waivers under the Variance application. He advised that the development was laid out so the buildings could be connected into two main structures, but they preferred to have the buildings separate to provide more open space. Mr. Smith also stated that 20% of the units would be "bachelor" units for individual occupancy and thus the request for smaller units; more than 20% would be two-bedroom apartments, and the remainder one- bedroom. He explained that the request for three-story buildings was also to provide more open spaCe, and that they still would no~ exceed the allowable area covered if all units we-re spread over two-story build~ ings; the waiver of open space between buildings was so this space could! be hsed for private patios to which there would be no public access. TI~ 70-155 City Mall, Anaheim, California - COUNCIL MINUTES - March 31, 1970, 1:30 P.M. carports would be screened by landscaping and fencing to give the area the appearance of a garden structure, and that lowering the parking area a foot and raising the ground floor of the buildings would make carport roofs at sitting eye level. Councilman Pebley entered the meeting, (7:15 P.M.). Mr. Smith further advised that these apartments are designed for the middle income tenant, and added that there would be recreational facili- ties contained within the project ~o there would be no infringement on com- munity recreational facilities. In conclusion, Mr. Smith stated they would have no problem meeting any conditions recommended by the Interdepartmental Committee in the event this Reclassification and Variance are approved. Mr. 'George Karcher, representing the owners of the property, pre- sented to the'Council.a petition purportedly containing 613 signatures sup- porting the subject request, stating that'more than 450 were from the immed- iate area. Referring to publicity in opposition to the proposed project, Mr. Karcher stated that schools in the area would not be overcrowded from this development since it was to be.an "adult only" project. He also said the project would not, as some had indicated, take away a proposed expansion of the public park east of the subject area since it was his understanding that, if expanded, it would be expanded easterly, rather than westerly. Mr. Karcher Stated there would be no impediment to the traffic flow since parking would be self'6ontained withln the project., With regard to possible disturbances created, Mr. Karcher said he felt that with 60% of thiS area open, there would not be much opportunity for such happenings. He also said there would be a professional manager and his wife on the grounds at all times. Mr. Karcher used the area map on the wall to show why he felt the subject area was correct for multiple-dwelling use, stating that, according to his calculations, there presently were apartments within a half mile of this property in all four directions in this area° He also indicated areas that, according to the Planning Department, were potential multiple-zoning properties. Mayor Clark asked if anyone else wished to speak in favor of the project who had different evidence to submit. Mr. Richard Heald, 1142 West Broadway, Apartment 1, representing the Orange County Apartment House Association, referred to a purported article in the "Register" advising there are probably 250,000 apartment dwellers in Orange County. He refuted statements supposedly made in the "Register" that "apartments would attract unfortunates and lead to welfare." Mr. Heald, in intimating the need for apartments, remarked that apartment dwellers formerly were in the 30-year age bracket, but today they are younger because they can't afford to buy a home; and also that many ten- ants are senior citizens no longer physically able to care for a home and property. Mayor Clark asked if anyone wished to address the Council in oppo- sition to the subject request. Mr. Gordon Walker, 3100 West Rome Avenue, in answer to Mr. Heald, stated that area residents did. not believe apartment dwellers were undesir= able, and most people live in them prior to buying a home, but he felt they were transient and did not have the civic pride a home owner does. In his opinion, the best use of the land was R-1 residential. 70-156 City Hall, Anaheim~ California - COUNCIL MINUTES - March 31, 1970, 1:30 PoM. Regarding the petition submitted by Mr. Karcher, Mr. Walker questioned how..many of the supposedly 613 signatures on his petition rep- resented tax-paying property owners, and how many were' apartment dwellers. Mr. Walker pointed out that the Anaheim General Plan projects subject property as a public park, and said area residents were fearful of losing the. park. Regarding apartments as a buffer between commercial and residential property, he stated there was no commercial property in the area to warrant a buffer of apartments. He.also noted there was no assurance that these buildings would be limited to "adult only," and called attention the fact that they, as permanent tax-paying residents, would still be living next door to this apartment complex long after the developer has made his profit and gone° Mr. John F. Simpson, 3309 West Deerwood Drive, read his lettez that had been filed and referred to by the City Clerk. ' Mr. SimPson noted that homes on the north side'of Orange Ave- nue adjacent to this.property were built about two and a half years ago and were readily sold, so R-1 development of subject property should be bo financial hardship.. He 'refuted Mr. Karcher's statement that properties in this general area'were.potentially multiple-zoning areas. Mr. Junius A.. Park, 3428 West Falrcrest Drive, showed some ac.rial slides of the subject area, attempting to prove the gener'al area consists of single-family homes, churches and schools'. In answer to Mro Karcher's ques- tion as to who would build a home on Orange Avenue in thatl-area,.Mr. Park r~minded'him'~hat~here~ar~ presently t3'fami!tes living.~,onOrange Avenue. Mr. John A. Ruscoe, 3204 West Stonybrook Drive, st-ated his home is within 150 feet of the subject property, and he left apartment living to raise his children in a r~sidential area. Mr. Ruscoe presented a petition of opPosition purportedly con- taining over 1,000 signatures. He advised that the signers of the peti- tion were not opposed to apartments but were opposed to apartments being allowed in this~predominantly single-family residential area. 'Councilman Dutton said he had the impression Mr. Ruscoe felt an apartment development would preclude the possibility of a park iq that area, and stated that, depending on passage of the bonds on April 14, there will either be a neighborhood park on the existing land or a commUnity park. Mr. Royal Marten, 811 South Western Avenue, addressed the Coun- cil in opposition and stated he felt such zoning ma£ters should be settled in the planning stage rather than causing neighborhood disharmony over an issue. He felt the Council conferred value to land by granting a variance. Mr. Marten was of the opinion that apartments would be appro- priate in the area on major highways such as KnOtt, Lincoln and Beach; how- ever, this area is possibly one of Anaheim's largest residential areas, and'requested it be retained. He stated he was not referring to a possible R-2-5,000 zone, but did feel the 300-plus units were not "wide open space." Mr. Marten cited the service station on the corner of Western and Orange Avenues as an example where planning was not properlY charted ahead of time, and reported it was in the process of being torn down be- cause it did not succeed. Mr. Carle Herman, 3109 West Rome Avenue, advised that a Coving- ton Brothers' representative stated at a previous meeting that "at comple- tion of such a project', it would be sold." He remarked there is a prime market for this size project as a tax shelter, adding that there is a need for such a project, but not in the heart of a residential co~-~nity. 70-157 City Hall, Anaheim, California-. COUNCIL MINUTES - March 31, 1970~ 1:30 P.Mo Mayor Clark asked if the Applicant .wished.~ to make a rebuttal. Mr. Gared N. Smith stated that these projects are d~Veloped for pro- fit, just as housing developments are. He also added that the subject project would pay $26,000.00 in fees for parks and recreation. Referring to Mr. Park's statement that there presently are 13 fami- lies living there on Orange Avenue, Mr. Smith pointed out that these homes back onto Orange Avenue with a block wall behind.them, and'further stated that Orange Avenue is no longer a residential street, even if developed as R-2-5,000. In answer to Mr. Herman's comment that the project might be sold, Mr. Smith said it probably eventually would be sold, but'he asSUred it was not being built as a sales promotion or syndicated investment. Mr. Karcher called attention to the fact that the property owners previously gave a sewer easement to the City of Anaheim along the Flood Con- trol Channel, saving the City an estimated $25,000.00. It was determined sufficient evidence had been presented, and Mayor Clark declared the hearing closed. Councilman Schutte stated he had personally checked subject area and felt it should remain single-family residential. Councilman Clark ~oncurred with position taken by Councilman Schutte and added that R-1 areas should be protected. Councilman Dutton stated that since there presently are no apart- ments in that specific area, he felt the area should remain low-residential and that a precedent should not be established. Councilman Pebley also agreed the area should remain residential, and felt an R-2-5,000 zone might receive favorable.support, RESOLUTION NO. 70R-159: Councilman Schutte offered Resolution No. 70R-159 for adoption, denying Reclassification No. 69-70-36, as recommended by the City Planning Commission. Refer to Resolution Book. & 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. (69-70-36 - R-3) Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor declared Resolution No. 70R-159 duly passed and adopted. RESOLUTION NO. 70R-160: Councilman Schutte offered Resolution No. 70R-160 for adoption, denying Variance No. 2154, as recommended by the City Planning Commission. Refer to Resolution Book.: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2154. Roll Call Vote: 70- 158 City Hall, Anaheim, California - COUNCIL MINUTES ~ March 31, 1970, 1:30 P,M. AYES: COUNCILM~N: Dutton, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT:~ COUNCILMEN:~ Krein adopted. the motion. The Mayor declared Resolution No. 70R-160 duly passed and Councilman Pebley moved to adjourn. Councilman Dutton SeConded. MOTION CARRIED.. '' ADJOURNED: 8: 35 P.M. St. gned~~~~~~~~~'~ City Clerk City Hall, Anaheim, Califqrnia - COUNCIL MINUTES - April-7, 1970, 1:~0 P.M~ The City Council of the City of Anaheim met in regular sessio~. PRESENT: ABSENT. PRE SENT: COUNCILMEN: ~Ltton, Krein, Schutte, Pebley and Clark COUNCILMEN: None CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Williams CITY ENGINEER: James P. Maddox ZONING SUPERVISOR; Charles Roberts Mayor Clark called the meeting to order. INVOCATION: Reverend G. Paul Keller, of the First Presbyterian Church, gave the Imvocation. FLAG SALUTE: Councilman Pebley led the Assembly in ~he Pledge of Alle- giance to the Flag. PROCLAMATIONS: The following Proclamations were issued by Mayor Clark and unanimously approved by the City Council: "Secretaries' Week" - April 19 - 25, 1970 "Public Schools Week" - April 20 - 24, 1970 "Little League Day" - April 17, 1970 Urging Citizens to Wear V.F.W. Buddy Poppies INTRODUCTION OF NEW EMPLOYEES-: Lee Sale, of the City Personnel Depart- ment, introduced new employees attending the Council meeting as part of the City's orientation program. Mayor Clark welcomed the new employees to the City Family.