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1964/02/117493 City Hall, Anaheim, California - COUNCIL MINUTES - February 11, 1964, 1:30 P.M. RESOLUTION NO. 64R-74: Councilman Krein offered Resolution No. 64R-74 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND DIR- ECTING THE PAYMENT OF DEMANDS AGAINST THE CITY AS OF FEBRUARY il, 1964. (Warrants Nos. 29598 to 29954, both inclusive, totaling $1,382,792.11) On roll call the foregoing resolution was duly passed and adopted by the following vote; AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 64R-74 duly passed and adopted. CITY PLANNING COMMISSION RECOMMENDATION - YALE~ BRUCE AND RUSSELL AVENUES: Council action on the City Planning CommiSsion recommendation that the City assume re- sponsibility for installation of cul-de-sacs for the stub ends of Yale, Bruce and Russell Avenues, in Tract No. 3007, as Central Baptist Church completed the firs± phase of their school-church facilities on property easterly of said streets, prior to construction of the R-1 subdivision, was continued from the meetings of 3anuary 28th and February 4th, 1964, to this date for further report and recommendations° Mr. Davis read report from the Planning Department, noting that additional research proved the subdivision~ Orange County Tract No. 3007~, was actually recorded prior to the time the first building permit was issued for development of the church property. He advised that the original intent was to eventually extend the three streets throu9h to Magnolia Avenue. Discussion was held by the City Council and Assistant City Manager, and at the conlcusion 'thereof, said matter was ordered taken off Agenda pend- in9 additional study. REQUEST - CITY BUSINESS LICENSE WAIVER: On the recommendations of the City Attorney, action on request of Libres Foundation, Inc., for waiver of business license conduct their activities~ continued from t'he meeting of February 4, 1964 to this date~ was deferred to February 18~ 1964. SIGN REQUEST - SECURITY FIRST NATIONAL BANK: Application submitted by Security First National Bank requesting permission to erect a nonconforming sign at 3301 East Anaheim Road~ was reviewed by the City Council together with plans and reports from the Building~and Planning Departments° On motion by Councilman Du'tton, seconded by Councilman Schutte~ said sign permit was granted as requested, subject to no projection over the property line. MOTION CARRIED. SIGN REQUEST - CUSTOM HOMES: Application submitted by Frank R. Krogman, requesting permission to erect a 10 by 24 foot billboard sign advertising homes for sale, said sign to be located at the southwest corner of Sunkist and Wagner Streets~ was reviewed by the City Council together with plans and reports from the Building and Planning Departments. On motion by Councilman Schutte, seconded by Councilman Chandler, said'sign permit was granted for a period of six months~ subject to applicant posting a $100o00 bond to guarantee removal of the sign at the expiration of the time limit. MOTION CARRIED~ SIGN REQUES/ - TRACT NO. 5227; Application submitted by $hattuck and McHone~ re- questing permission to erect three temporary directional signs advertising Tract No. 52279 was reviewed by the City Council together with plans and re- ports from the Building and Planning Departments° Location of said signs to be as follows: 7494 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 11~ 19641 1:30 P.M. 1. Southwest corner of Lincoln and Dale Avenues. 2. East side of Brookhurst Street, 175 feet north of Orange Avenue. 3. West side of Beach Boulevard~ 800 feet north of Orange Avenue° On motion by Councilman Chandler, seconded by Councilman Dutton, said sign permit was granted for a period of six months, subject to the posting of a $100o00 bond for each sign to insure the removal thereof at the expiration of the time limito MOTION CARRIED. SIDEWALK WAIVER - 2133 SOUTH LOARA STREET: Request of Ao R. Dorrington for waiver of sidewalk requirements at 2133 South Loara Street~ was submitted~ together with the report of the City Engineer recommending said request be denied, based on the followin9 factors; 1. All recent developments in the area have been improved to ultimate, including sidewalks. 2. One elementary school within ~ mile radius of property. 3. No existing sidewalk waivers within a 300 foc. t radius of subject property, 4. Pedestrian travel was observed to be negligible when observed at 10;15 A~M., however after school hours liqht pedestrian traffic exists due to recreational facilities available at 'the school. On 'the recommendations of the City Engineer, Councilman Schutte moved said request be denied~ Councilman Chandler seconded the motion. MOTION CARRIED. SIDEWALK WAIVER .- 1009 SOUTH HARBOR BOULEVARD: Request of Helen C. Langford for waiver of sidewalk requirements at 1009 South Harbor Boulevard~ was submitted together with reports from the City Engineer. (Conditional Use Permit No. 27i)o On the recommendations of the City Engineer, Councilman Krein moved temporary waiver of sidewalks be 9ranted as requested, providing that no permanent planting or permanent improvements be permitted in the area reserved for future sidewalks, and that 50 feet of walk be construct- ed when property 'to the south of subject property develops. Councilman $chutte seconded the motion° MOTION CARRIED. PRIVATE PATROL APPLICATION: Application by 3ohn R. Buesing, 12311 Chapman Avenue, Garden Grove, for permission to operate Harbor $ecurity~ a private patrol service, including security guards, sentry'dogs, detective agency and burglar alarm systems, for industrial factories, retail businesses and construction sites within the City of Anaheim, was submitted toaether with investigation report and recommendation for denial from the Chief of Police° Mayor Coons asked if the applicant was present and whether he had reviewed the report from the Chief of Police. Upon the applicant"s reply that he had not seen said report, a copy thereof was furnished Mr. Buesing for review. Later in the meeting, Mr. Buesing addressed the Council, and discussed the Police investigation. He advised that he has been in business since 19519 and noted 'the cities in which he holds an active license for this service. With reference to the sentry dogs, Mr. Buesing reported that 'they use German Shepherds, Doberman Pinschers and Japanese Akitas. Councilman $chutte moved that subject application be deferred one week (February 18, 1964, 1:30 P.Mo), to allow 'the applicant an op- portunity to review the Police Department recommendations with the Chief of Police. Councilman Krein seconded the motion, MOTION CARRIED. Councilman Chandler requested the applicant to be prepared to report further on how the dogs are used, and how safe they are where innocent people in the area are concerned. City Hall~ Anaheim~ California - Co~C!L MINUTES - February I11 19641 !:30 P.M. Mayor Coons left the meetin9~ 1~50 P.M.~ and Mayor Pro Tem Chandler assumed Chairmanship of the meeting. .~EC.LASSIFICATION NO. 61-62-64 - REQUEST TO AMEND DEED RESTRICTIONS= Communica- tion dated January 31, 1964, from Mr~ Harry Knisely, Attorney for owners of C-1 property located at 625 South Harbor Boulevard~ requesting amendment to deed restrictions limiting subject property to business and professional offices only by adding "jewelry and gift shop" to the permitted uses~ was submitted and reviewed by the City Council. Councilman Krein moved that a public hearing on said request be scheduled before the City Council. Councilman $chutte seconded the motion. Further discussion was held, and the City Attorney explained that the requested amendment would not affec~ Ordinance No. 1739, which finalized the C-1 Zoning; thereupon, Councilman Krein and Councilman $chutte withdrew the foregoing motion. RESOLUTION .NO. 64R-75: On 'the recommendations of the City Attorney, Council- man Krein offered Resolution NCo 64R-75 for adoption, authorizing amendment to deed restrictions recorded April 5, 1962 in Book 6066, Page 419, Records of Orange County, as condition of Reclassification Proceedings No. 61-62-64, to add jewelry and gift shop 'to the permitted use~ and further, 'that plans be filed and approved by 'the City Council. Refer to Resolution Book° A RESOLUIION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONSENTING TO THE AMEND- MENT OF A CERTAIN DECLARATION OF RESTRICTIONS RECORDED IN CONNECTION WITH RE- CLASSIFICATION NO. 61-62-64~ AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SUCH CONSENT; AND REQUIRING THE FILING AND APPROVAL OF PLANS FOR THE DEVELOPMENT OF THE PROPERTY REFERRED TO IN SAID RECLASSIFICATION PRIOR TO ISSUANCE OF BUILDING PERMIT. On roll call the foregoing resolution was duly passed and adopted by the following vo'te: AYES: COUNCILMEN: Dui'ton, Schutte, Krein and Chandler. NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None TEMPORARILY' ABSENT: COUNCILMAN: Coons The Mayor Pro Tem declared Resolution No. 64R-75 duly passed and adopted. Mayor Coon z-esumed Chairmanship of the meeting. CONDITIONAL USE PERMIT NOg 528: Submitted by Samuel Fink and Jack Meshekow, re- questing permission to establish a restaurant or tavern serving wine, beer, and other alcoholic beverages; C-1 property located in the existing shopping center at the northeast corner of Rio Vista Street and Lincoln Avenue. 'the City Planning Commission pursuant to Resolution No. 1026, Series 1963-64, denied Conditional Use Permit Nco 528. No action was taken by the City Council. CONDITIONAL USE PERMIT NO. 529: Submitted by Duayne D. Christensen, D.D.S., re- questing permission to establish a family billiard center with no liquor served; C-1 property located on the north side of Lincoln Avenue approximately 770 feet east of East Street (1287 "E~ East Lincoln Avenue)° The City Planning Commission pursuant to Resolution No. 1027, Series 1963-64, 9ranted said Conditional Use Permit, subject to develop- ment substantially in accordance with plans and specifications on file with the City of Anaheim, marked "Exhibits Noso 1, 2 and 3". No action was taken by the City Council. 7496 City Hall~ Anaheim~ Califoxnia - GOUNGI.L MINUTES - february 11~ 1964~ 1:30 CITY PLANNING COMMISSION RECOMMENDATION - AMMENDMENT TO M-i~ LIGHT INDUSTRIAl. ZONE~ PARKING .- LANDgCAPING SETBACK REQUIREMENT; City Planning Commission Resolution No, 1031, Series 1963-64~ recommending an amendment to Title lC, Section 18o52 o£ the Anaheim Munic,-[pal Code pertaining to parking-landscap- ing setback ~equirements in th~ M-i.~, Light Industrial Zone, was submitted to 'the City Council° On motion by Councilman Schut'te~ seconded by Councilman Krein, the City Clerk was instructed [o se'[ public hearing before the City Council to consider said re¢om~nenda~tion~ MOT[ON CARRIED. PROPOSED STREET NAME CHANGES ~- LOS ANGELES STREET AND ANAHEIM ROAD: City Planning Resolution No. 1032~ Series 1963-64, zecomm, ending that the name of Los Angeles Street be changed 'to Anaheim Boulevard, was submitted for Council considera- tion~ Al~o submitted wa~ City Planning Commission Resolution No. 1033, Series 1963~64~ recommending that the name of Anaheim Road be changed to Miraloma Avenue, The Mayor asked if anyone wlshed to address the City Council. Mro C. B. Cook~ of Anaheim iFinance, 508 North Los Angeles Street, addressed f. he Council protestin9 the proposed name change of Los Angeles Street° That he recognized the confusion which occurs when those who are unfamiliar 'with the area drive sion9 'the Santa Aha Freeway in search of the main route to Anahe:im~ in that 'the only sign at the off-ramp leadin9 to the Center.-City area~ by way of Los Angeles Street states "Katella Avenue-Anaheim"¢ however., he was of the opinion that thez. e should be other means of solvin9 the problem than by chang:in9 the hi:;'tori..;al name of Los Angeles Street. M~. Cook presented a petition of opposit:ion to said proposed change.~ containin9 many signatures of busines.~ and professional people in Anaheim° Council dlscussfon was held and Mayor Coons noted the time and effort which has been expended in endeavoring to have a sign installed on the freeway denoting the central core of Anaheim; however, the State Division of Highways feels that 'to include ~'Los Angeles Street" on the sign at the off- ramp which leads there'to would result :in confusion with the City of Los Angeles. Councilman Chandle~ moved that Council consideration of the pro- posed street name changes of Los Angeles Street and Anaheim Road be continued to February 25~ 1964, 1:30 PoMo~ for an informal public discussion~ Council- man Dutton ~econded the motion° MOTYON CARR!EDo REVISED :TENTA'riVE MAP~ TRACT NO. 4230 iRECLASSIFICATION NO. 62-63-64 AND CONDI- TIONAL USE PERMIT NO. 35'7): Developer, Linda Granada Incorporated; tract located on the south side of Lincoln Avenue, approximately 660 feet west of the center line of Beach Boulevard, and contains 27 proposed R-3 lots and 2 proposed C-1 lo'tso The City Planning Commission at their meeting held February 3, 1964, approved said Tentative Map No° .4230 (Revision No. 6)~ subject to the follow- ing conditions: . Se e 5~ . 'That :~hould this ~ubdivi~ion be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. That an easement shall be dedicated and an underground off-site storm drain system shall be constructed 'to the Orange County Flood Control Channel. That approval of Tentative Map of Tract No. 4230, Revision No. 6, is 9ranted subject to the approval of Reclassification No. 62-63-64. Thai a predetermined price for Lots A, B and C 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 Lots A~ B and C shall include land and a proportionate share of the underground utilities and street improvements. That Street "B" be relocated southerly to a location which is to 'the satisfaction of the City Engineer. That Street "A" shall be recorded as Delano Stree't and Street "B" shall be recorded as Graciosa Lane. 7497 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 11~ 1964~ 1:30 P.M. Councilman Dutton moved that Revised Tenta'tive Map, Tract No. 4230, be approved, in accordance with the recommendations of the City Planning Commission, Councilman Chandler seconded the motion. MOIION CARRIED. REVISED TENTATIVE MAP~ TRACT NO,~ 5141 {RECLASSIYICA~iON NOo 62-63-108); Develop- er, Russell Jay; tract located on the west side of Beach Boulevard, 327 feet south of Lincoln Avenue~ and contains 4 proposed R-3 lotso The City Planning Commission at thelr meetlng held February 3, 1964, approved Tentative Map, Tract Nco 5141 (Revision Nco 2), subject to the following conditions: le e Se e e That should thls subdivision Oe developed as more than one subdivision, each subdivision 'thereof shall be submitted in tentative form for approval, That the approval of Tentative Map of Tract Nco 5141, Revision No. 2~ is granted subject to the approval of Reclassification Nco 62-63-108. That an easement shall be dedicated and an underground off-site storm drain shall be cons'tructed 'to the Orange County Flood Control Channel. That Lot C~ Tract Nco 4230~ be acquired or a dedicated alley be provided along the westerly tract boundary° That Street "A~ be 64 feet in width° That Beach Boulevard in front of the three ~Not a Part" parcels be fully improved° That Street ~'A~ shall be recorded as Adobe Drive and Street ~B" shall be recorded as Graciosa Lane~ Councilman Krein moved that Revised Tentative Map~ Tract No. 5141, be approved in acoordan~:e with 'the re(;ommendations of 'the City Planning Commissiono Councilman $chutte seconded the motion.~ Councilman Chandler abstained from votlngo MOTION CARRiED. FINAL NLAP~ IRACY NO. 5155 (RECLASSiFiCATiON NO~ 63.-64.-12): Developer, V~ Lo No Construction Company; tract located on the south side of Orangewood Avenue, 660 feet east of Haster Street, and contains 24_proposed R-2 lots. The City Engineer reported said final map conforms substantially with the tentative map previously amended and approved; that bond has been posted and forwarded to the City Attorney for approval, and required fees paid. He further reported that Condition No~ 5~ requiring developer to improve that portion of said traot marked "Not a part", has been met, and neoessary rights-of-way on both Orangewood Avenue and Mountainvie~ Avenue have been acquired by the Ci'ty~ and recommended approval of final map~ Tract No. 51550 On the re~;ommendations of the City Engineer, Councilman Chandler moved final map of Tract No~ 5155 be approved~ subject to approval of the bond by 'the City A'ttorney's officeo Councilman Krein seconded the motion. MOTION CARRIED~ ~ONDITIONAL USE PERMIT NO. 400 - REVISED PLANS AND ALCOHOLIC BEVERAGE LICENSE APPLICATION: Mr. Geisler reported on request dated January 27, 1964, submitted by Harry Auswacks~ new owner of property lo~ated at 1813 South Manchester Avenue~ for approval of revised plans for existing restaurant operation to be moved to another portion of the same building; further, that Con- ditional Use Permit No. 400 allows the sale of beer at said restaurant in conjunction with serving of mealso He called attention to alcoholic beverage license application for New On-Sale Beer license at 1813-C South Manchester Avenue, filed by Jack Neal Irby~ which on December 3, 1963, the City Council authorized to be protested with the Alcoholic Beverage Control Board, as the existing C~i Zoning does not allow sale of beer to be con- sumed on the premises° Revised Plans were reviewed by the Ci'ty Council~ and the Mayor asked if the applicant was present and wished to address the City Council. Mr. Jack Irby addressed the Council explaining the Revised Plans~ and noted that in the center of the restaurant there will be three tables 7498 City H.Dll~ Anaheim~ California - COUNCIL MINUTES - February 11~ 1964~ 1;30 P.M. with twelve chairs, not a pool table as shown on the plans. He advised that the floor plan should also show a door from the rear of the kitchen to the hall and doors from the l:all into the restrooms. Mayor Coons noted 'that two applications for hofbrau on the subject property have been denied in the past~ and that the revised floor plan is marked with the words ~Proposed Hofbrau'~, and shows a bar with fourteen stools, Mr, Irby advised tha~t the opera~tion will be the same as it now exists, and that the counter is incorporated due to lack of sufficient space for additional tables and chalrs~ the height of said counter to be a compromise between the height of a bar and a coffee-Shop counter. Council discussion was held~ and at 'the conclusion thereof~ on the recommendations of the City Attorney, Councilman Chandler moved that the operation approved under Conditional Use Permit No. 400 be permitted to move to another portion of the same building, under the same conditions as outlined under said conditional use permit~ Councilman Dutton seconded the motion. MOTION CARRIED. The City Attorney was directed to withdraw protest filed with the Alcoholic Beverage Con'trol Board again$'t the application filed by Mr. Irbyo lin answer to request for clarification regarding the height of the counter, Mzo irby was advised to consult with the City Attorney. VARIANCE NOo 852 -REVISED PLANS: Revised plans submitted by Joseph Dienstfrey in connection with Variance No,, 852, were reviewed by the City Council together with reports from the Planning Depaztment-Development Review and City Engineer (property located at 6~1 South Brookhurst Street). Mr~ Robert Davis :reported that although the variance was originally Mt. anted for a twel,ze unit motel? plus ~otox'e buildings and a coffee-shop~ Mr.., Dienstfrey reque~,'ts 'to expand the existing motel use by the addition of ei,~t un~-s and omi~ the s,~o~'~e~-' and coffee-shop On the re~ommendation of the City Attorney, Councilman Chandler moved it be the findln9 of the City Council that the proposed addition to 'the use granted 'under Variance Nco 852 does not create a substantial burden, change the land use~ nor change the characteristics as to abutting property~ and that revised plan marked Exhibits Nos, 1 through 4 inclusive, Revision No. 19 be approved. Councilman Dutton seconded the motion. MOTION CARRIED. i~Plans dated th~'~_~ date and ~_gned by Mayor Coons.) ORANGE COUNTY iFEN[ATi'VE MAP~. '[RAC'[ NO~ 4427: Developer, Mervin B. Johnson; tract located south of the Bah'la Aha Pi. ve:r, north of the Riverside Freeway~ and east of the Anaheim C~r,y l~m~t~, and ontains approximately 101.4 acres and 384 R-1 lot~ Mr o Kre;~dt briefed ex<';e:rpt from the City Planning Commission meeting held February 3, 1964~ noting that the map is Revision No. 4 of tentative map p~ev:,.ou$ly ~ubm~tted and approved~ and that said revised map conforms to the City of Anaheim standards,, He reported 'that the City Planning Commis-~on recommended that approval thereof ~e recommended to the Orange County Planning Comm~_'ss_ton by the City Council. 0 On motion by Councilman $¢hutte, seconded by Councilman Krein~ Orange County Tentative Map, lract No., 4427, Revision No. 4, was approved and the City Plann~ng Commission ~ecommendation was ordered transmitted to the Orange County Planning Commission,, ~O"FION CARRIED. VARIANCE NO. 1581: Communl~at'ton dated Feb~'uary 6, 1964, from Kenneth Keesee, requesting ~larificat~.on of dedi:~ation fo~ street widenin9 as condition of Varance No,, 1581~ was submit'ted and read. Plans and file we~'e zeviewed by the City Council~ and it was noted that the Clr<~.ulation Element of the General Plan, adopted in the year 7499 City Hall~ Anaheim~ California - COUNCIL MINUTES - february 11~ 1964~ 1:30 of 1960, establishes an ultimate width of 50 feet of the center line of Los Angeles Street south of Katella Avenue~ and the Right-of-Way Division~ in connection with subject variance~ prepared necessary documents accordingly. Mro Kreidt briefed the his'tory of Variance Nco 1581, referring to a strip map of the area~ and noted that the City Planning Commission, at thelr meetlng held february 3, 1964, clarified their original intent for the dedi- cated setback required under subject variance to be a total width of 42 feet from the center llne of the street~ in conformance with the Edison Company property to the north° This actlon, he ad'vised~ will be forwarded for Council consideration in the near future° Mro Kenneth Keesee9 809 South Clementine Street, addressed the Council advising that he anticipates future development and street dedication from his property adjacent 'to subject parcel on 'the north, that the properties located further north are setback 30 feet from the center line of the street, and if an additional 20 feet are required~ 30 per cent of those properties will be taken. He presented copies of the map for Council review, and noted that with 'the 42 foot dedication he is losing 2400 square feet of his property, and would have no room left for advertising his business if he gave an additional 8 feet° Mro Keesee contended that the 42 foot width was understood and agreed upon by 'the City Planning Commission at the time the 'variance was granted, however he indicated his willingness 'to dedicate 'the additional 8 feet when other property owners along the street a~e required to do soo City Engineer~ 3ames Maddox~ explained the planned future' 52 foot roadway on South Los Angeles Street~ including a ten foot parkway, which will become the frontage road along the freeway in conjunction with the Katella Avenue overpass modification° He reported tha't a curb depression at the 42 foot setback line and temporary Ac C, paved driveway would be satisfactory to the Engineering Division fo~ the ~resent, as this would be more economical to remove when the ultimate street width is tmproved~ and it would 'be the responsibility of 'the City to remove it when tha't 't~me comes. Council discussion was held and Councilman Chandler called attention to the original City Planning Commission Resolution No. 8379 Series 1963-64, granting Variance Nco 15819 and read Conditions Nos° 1 and 5 of said resolu- tion~ as follows: "1. That 'the owners of subject property shall deed to 'the City of Anaheim a strip of land 50 feet in width~ from the center line of the street, along Los Angeles Street9 for street widening purposeso 5o That subject property shall develop substantially in accordance with the Exhibit Nos° 1~ 2 and 3, provided that an additional eight (8) feet of right-of-way be reflected in the plans~ and that the future highway right-.of-way showing a sixty (60) foot setback from the center line of Los Angeles Street9 conform with the existing setback of property to the south as indicatedo~ At the conclusion of the d~scussion~ it was determined that the ap- proach permit as outlined by the City Engineer~ could be processed by the Engineering Division, and that action on City Planning Commission Resolution No. 1053~ Series 1963-64, regarding the ~2 foot dedication from the center- line of South Los Angeles Street, be withheld until such time as said resolu- tion is a regular scheduled agenda item. Mr. Keesee requested permission to utilize the remaining eight feet of future right-of-way for the erection of a sign advertising his business~ On the recommendation of the City Attorney, Mr. Keesee was advised to file a sign application requesting permission for projection over the property liner which will be considered by the City Council. ORANGE COUNTY CASE NO. 710~ Orange County Case No. 710 (Sectional District Map 2-4-9, Exhibit J) proposing a change from the A~i, Agricultural district to the 100-C1-10,000, Local Business Districti property located on the east and west sldes of 'the Yorba Linda Freeway between the San~a Aha 7500 C,i,~,y Hall~ Anaheim~ California - COUNCIL MINU;IE$ - February 11~ 1964~ 1:30 P.M. Canyon Road and the Santa Aha River in the Santa Aha Canyon area. Mr. Kreldt noted the location of 'the property and summarized the review of said case by the City Plannln9 Commission at their meeting held February 3, 1964, recommending certain observations be transmitted to the Orange County Planning Commissiono Discussion was held by the City Council and Mr. Kreidt, and at the conclusion 'thereof, on motion by Councilman Chandler, seconded by Councilman Krein, MZo Kreldt wa~ instructed 'to forward a letter of recom- mends±ion to the Orange County Planning Commission taking a positive approach 'to the applisatlon~ advising them of City of Anaheim policy concerning such developments, in order to allow proponen%s an opportunity to conform with City of Anahelm principles, as 'to the submission of plans if they so desire. MOTION CARRIED. VARIANCE NO. 1205: Mayor Coons reported on revised plans, submitted by Mrs. Monica Lombardo.. for modification and expansion of existing apartments at the northeast corner of Harbor Boulevard and Vermont Street, as granted under Variance No. !205o He advlsed tha't the ex~sting garages are not usable in 'their prer~ent location, and the plans are to convert the garage area to living quaz'tezs, remove 'the present office wing and provide ad- ditional parking in the area of the office~ and join the two existing buildings on Lotj 1 and 2 together, Pian~ were z'eviewed by the City Council and discussion held. On motion by Councilman Schutte, seconded by Councilman Krein, plans presented were declared in conformity with the action 9ranting Variance No. 1205, and said revised plans were approved this date, signed by Mayor Coons~ and forwarded 'to the Building Department for their action. MOTION CARRiED~ RECESS: Councilman Krein mo'red for a 15 minute recess. Councilman Chandler seconded 'the motion. MOT[ON CARRiED~, (3:35 AFTER RECESS: Mayor Coons called 'the meeting to order,, all members of the City Council being present~ WORK ORDER NO. 1803: On the recommendations of 'the City Engineer, Councilman Chandler moved that award of contract for 'the drilling of water well at 518 South Los Angeles Street~ Work Order NCo 1803, be deferred one week (February 18, 1964~ to allow the Water Department to analyze bids and review equipment which would be used~, Councilman Krein seconded the motion MOTION CARRIED. RESOLUTION NO~ 64R-'76 ~. AWARD OF .JOB NO. 827~ On the recommendations of the City Engineer~ Councilman Krein offered Resolution No. 64R-76 for adop- tion, awarding construction of 'traffic signals at Broadway and Olive Street~ Job No. 827~ to Steln¥ and Mitchel, ir~c., 'the low bidder in the amount of $5~349.00o Refer to Resolution Book~ A RESOLUTION OF THE CiTY COUNCIL OF [HE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND A~ARDIN6 A CON[RACI TO THE LO~ESI RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT~ LABOR~ SERVIGES~ MATERIALS AND EQUIPMENT AND ALL UTiLiTiES AND TRANSPORTATION~ INCLUDING POWER, FUEL AND WATER~ AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: FURNISHING AND INSTALLING TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INIERSECIION OF BROADWAY AND OLIVE STREET~ IN THE CiTY OF ANAHEIM~ ]'OB NO. 827. ($teiny and Mitchel, ~n~:.,~ On r:oll call the foregoing ~.esolution was duly passed and adopted by the following vote; AYES: COUNCILMEN: Dutton, Chdndler~ Schutte~ Krein and Coons ~,IOE S: COUNC[LMEN: None ABSENT: COUNC [LMEN: None 1501 City Ha.ll~ Anaheim~ California - COUNCIL MINUTES - February 11~ 1964, 1:30 P.Mo The Mayor declared Resolution No, 64R-76 duly passed and adopted. RESOLUTION NO. 64R-77 - AWARD OF JOB NO. 835: On the recommends±ions of the City Engineer~ Councilman $chutte offered Resolution No. 64R-77 for adoption, awarding construction of traffic signals for Ball Road and Walnut Street~ Job Nco 835~ to Eo D, Johnson and Company, the low bidder~ in the amount of $5,295.00° 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, gERVICES~ MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORIATiiON~ INCLUDING POWER~ FUEL AND WATER, AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENI: FURNiSHi~NG AND INSTALLING TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECT!ON OF BALL ROAD AND WALNUT STREET~ IN THE CITY OF ANAHEIM JOB NO. 835~ (E~ D..Johnson and Co.) On roll call the foregoing resolution wag duly passed and adopted by the following vote: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT~ COUNCILMEN; None The Mayor declared Resolution No~ 64R-77 duly passed and adopted. RESOLUTION NO. 64R-78 .- AWARD OF JOB NOo 836~ On 'the recommendations of the City Engineer~ Councilman Chandler offered Resolution No. 64R-78 for adop- tion, awarding construction of traffic signals a't Ball Road and Euclid Street, Job No~. 836~ to Dawn Electric: Service~ 'the low bidder, in the amount of $6,887.00o Refer to Resolution Book. A RESOLUTION OF THE C!r¥' 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~ $ERViCES~ MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION? ~[NCLUDiNG POWER~ FUEL AND WATER~ AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT: FURNiSHiNG AND INSTALLING TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF BALL ROAD AND EUCLID $TREET~ IN THE CITY OF ANAHEIM JOB NOo 836~ (Dawn Elec'tric Service) On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCiLMEN~ Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 64R-78 duly passed and adopted. RESOLUTION NO. 64R-79 - AWARD OF JOB NO. 838: On 'the recommendations of the City £ngineer~ Councilman Dutton offered Resolution No. 64R-79 for adoption, awarding construction of 'the Dale Avenue Storm Drain improvement~ 3ob No. 838, to $tromberg, Inc~ in the amount of $36,356o53. Refer to Resolution Book~ A RESOLU'[ION OF THE CITY COUNCIL OF THE CirTY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT ]70 rHE LO~EST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR~ SERV][CES~ MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTAFiON~ INCLUDING POWER~ FUEL AND WATER~ AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT: CONSTRUCI'ION OF A 5TORM DRAIN IN DALE AVENUE FROM LINCOLN AVENUE TO YALE AVENUE~ AND IN YALE AVENUE FROM DALE AVENUE TO COLGATE AVENUE, IN THE CITY OF ANAHE~M~ .JOB NO. 8380 (Stromberg, Inc.) 7502 City Hall, Anaheim~ California - COUNCIL MINUTES - February 11~ 1964~ 1:30 P.M. On roll call the foregoing resolution was duly passed and adopted by the following vote; AYES; COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN; None ABSENT: COUNCILMEN~ None Ihe Mayor declared Resolution No. 64R-79 duly passed and adopted° RESOLUTION NO. 64R-80: On 'the certification of the Director of Public Works that Orange County Pipeline~ In¢~, has completed the construction of the Santa Aha Canyon Road Sewer Improvement, 3ob No. 1265, in accordance with plans and spe¢ifications, Councilman Schutte offered ResolUtion NO. 6aR-80 for adoption° Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT~ LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE SANTA ANA CANYON ROAD SEWER IMPROVEMENT, FROM JEFFERSON STREET TO APPROXIMATELY 7,400 FEET EAST OF JEFFERSON STREET, iN THE CITY OF ANAHEIM~ JOB NO. 1265. (Orange County Pipeline Into) On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT~ COUNCILMEN: None The Mayor declared Resolution No. 64R-80 duly passed and adopted. RESOLUTION NO. 64R.-81: On the certification of the Director of Public Works that Ralph de Leon Construction~ Inco, has completed the construction of the Chalet Ave..--Euclid Street Sewer Improvement~ Job No. 1270, in accord- ance with plans and speeiflcations~ Councilman Schutte offered Resolution No. 64R.-81 for adoption~ Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF lqHE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR~ SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER~ AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT~ TO WIT: THE CHAI~T AVE.-- EUCLID ST. SEWER IMPROVEMENT IN CHALET AVE. FROM APPROX. 197' WEST OF EUCLID SI. TO EUCLID ST., AND IN EUCLID ST. FROM APPROX. 25~ NORTH OF CHALET AVE. TO APPROX. 145~ SOUTH OF CHALET AVE., IN THE CITY OF ANAHEIM, JOB NO. 12'70. ( Ralph de Leon Construction Inc.) On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Dutton~ Chandler, Schutte~ Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 64R-81 duly passed and adopted. RESOLUTION NO. 6~R-82: On the certification of the Director of Public Works. that Dzajkich & Alvarez Construction Go.~ has completed the construction of the Red Gum Street-La Palms Avenue Sewer Improvement~ Job No. 1274~ in accordance with plans and specifications, Councilman Schutte offered Resolution No. 64R-82 for adoption. Refer to Resolution Book. 7503 City Hall~ Anaheim~ Callfornia~ ,- COUNCIL MINUTES - February i11 1~64~ 1:30 P,M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING TIlE COMPLETION AND THE FURNISHING OF ALL PLANT~ LABOR~ SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER~ FUEL AND WATER~ AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE RED GUM STREET-LA PALMA AVENUE SEWER IMPROVEMENT~ PARTLY IN THE CITY OF ANAHEIM, AND PARTLY IN THE COUNTY OF ORANGE~ JOB NO. 1274, (Dzajkich & Alvarez Construction Co,) On roll call the foregoing resolution was duly passed and adopted by the following vote: AYKS: COUNCILMEN: Du't%on~ Chandler~ $chutte~ Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution Nco 64R,-82 duly passed and adopted. RESOLUTION NO. 64R-83: On the certifica'tion of the Director of Public Works, that Orange County Pipeline, InCo~ has completed the construction of the Katella Avenue Sewer Improvement~ Job No. 1276, in accordance with plans and specification$~ Councilman Schutte offered Resolution No. 64R-83 for adoption. Refer to Resolution Book, A RESOLUTION OF THE CITY' COUNCIL OF THE Cf'FY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, $ERVICE$~ MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION iNCLUDING POWER, FUEL AND WATER~ AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC iMPROVEMENT, TO WIT: THE KATELLA AVENUE SEWER !MPROVEMENT~ FROM APPROXIMATELY 135 FEET EAST OF STATE COLLEGE BOULEVARD ~O APPROXIMATELY 1000 FEET EAST OF STATE COLLEGE BOULEVARD~ IN THE CITY' OF ANAHEIM~ JOB NO~ 1276~ (Orange County Pipeline, Inc.) On roll call 'the foregoing resolution was duly passed and adopted by the followin9 vote: AYES: COUNCILMEN: Du'tton~ Chandler~ $chutte~ Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 64R-83 duly passed and adopted. RECLASSIFICATION NO. 59-60-115 ,- ORDER TO SHOW CAUSE: 'The City Attorney reported on property described in Reclassification Nco 59-60-115, located at the north- east corner of Chapman Avenue and Harbor Boulevard~ and submitted photos of the hazardous conditions existing, consisting of violation of the Weed Abatement Ordinance, and next-ct of three abandoned~ uncapped wells on the property, which require back-~il'iing under the specifications of the Anaheim Municipal Code° He advised that the petitioners are in proceedings under Chapter XI of the Bankruptcy Act (Co Douglas Wik!e, Receiver)o Mro Geisler further reported that as result of the recent wind- storm~ the City of Anaheim ~leared debzi~ which had been blown from subject property at the cost of $397°069 and he recommended that the existing weeds be abated by the City and the cost thereof be assessed as a lien on the property° Further, failure to keep property fre~ of w~eds is subject ~o criminal penalty, and uncapped wells are not only a safety hazard~ but also could contaminate the Oity:s water supply in the underground basino Mr~ Mac Christensen, 12232 Chapman Avenue, Garden Grove, repre- senting residents of a 'trailer park south of sub~ect property~ addressed the Council advlsin9 that during the recent windstorm, two large mobil- homes were so covered by large tumbleweeds and debris, 'that the residents could not 9et out the door° He reported damages 'to paint on the trailers as result of removin9 these large weeds, and requested the earliest pos- sible weed abatement of subject property° Mr° Lew Wheater, of Space Nco 118 in the trailer park, reported ~hat the weeds also were blown under trailers causing a fire hazardo 7504 City Hall~ Anaheim~ California- COUNCIL MINUTES - February i11 1964~ 1:30 P.M. Mr, Edward Wright, Sanitation Inspector for the City of Anaheim, reported on contacts made with 'the owner of the property, in August of 1963, in an attempt to abate 'the weed nuisance. inspector Morgan of the Anaheim Fire Department, reported that he has been working on the problem for approximately the same time as ~ir. Wrigh't~ and has received no answer from the property owner. He cited the many complaints received by the Fire Department from the surrounding property owners in both cities. On 'the recommendations of the City Attorney, Councilman Chandler moved that the City At'torney be authorized to send notice to the Trustee and Referee in Bankruptcy, under the subject of Chapter XI of the Bankruptcy Act, that unless some action to aba'te the excessive weed growth and correct the abandoned well conditions on the property known as "Whitman Center, Inc." described in Reclassification No. 59-60-115, is taken within the next seven day period, the City Attorney is insiructed to file criminal proceedings. Councilman button seconded the motion. MOTION CARRIED. Councilman Chandler left 'the meeting, 4:15 P.M. PURCHASE: The Assistant City Manager reported on informal bids received for the purchase of copper water tubing for servlce connections as follows, noting that two of the firm~ o~ered identical low bids~ and recommended ~[he acceptance of the bid submitted by Famllian Pipe and Supply Co., because of the one percent local sales tax preferential: FamZlian Pipe & Supply Co., Anaheim Howard Supply Co,, Los Angeles Park.-$on~ Inc., Los Angeles Republic Supply Co., Los Angeles M. E, Gray Co., Los Angeles Haldeman Pipe & Supply Co., Anaheim Keenan Pipe & Supply Co.~ Anaheim Bell Pipe & Supply Co~ Anaheim Chas, A. Estey, Anaheim $4,535.86 4,535.86 4,555.20 4,580.16 4,582.03 4,623.84 4,655.04 4,657.54 4,851.60 On the recommendations of the Assistant City Manager, Councilman button moved that the low bid of Familian Pipe & Supply Co.~ Anaheim, Cali- fornia, in the amount of $4,535.86, including tax, be accepted and purchase authorized, Councilman $chutte seconded the motion. MOTION CARRIED. .D.EEDS OF EASEMENT: Councilman Krein offered Resolutions Nos. 64R-84 to 64R-91, both inclusive, for adoption~ Refer to Resolution Book. RESOLUTION NO. 64R.~84: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY' OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT YOR DRAINAGE AND PUBLIC UTILITY PURPOSES. (Herman Henry Bruns) RE$OLUTION NO. 64R-8b: A RESOLU'riON OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR EASEMEN[$ fOR ROAD AND ALLEY PURPOSES. ( S. V. ~unsaker and Sons ) RESOLUTION NO. 64R-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (S. V. Hunsaker and Sons) RESOLUTION NO. 64R-87: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTfNG A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Jane H~ Bright) 7505 City Hall, Anaheim~ California - COUNCIL MINUTES - ?ebruary 11,~ 1964~ 1:30 PoMo RESOLUTION NO. 64R-88~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPIING A GRANI DEED CONVEYING IO IHE CIIY OH ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (United California Bank) RESOLUTION NOo 64R~89~, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR EASEMENTS FOR PUBLIC UTILITY PURPOSES~ (J & C Develop- ment Coo ] RESOLUTION NOo 64R-90: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAMEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR PUBLIC UTILITY PURPOSES° (Fred° Ro Isell and Georglne Mo !sell) RESOLUTION NOo 64R-91~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPIING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENI FOR ROAD AND PUBLIC I~ILIIY pURpoSES. (C.S. Baum~tark & Aubine E~ gaums~ark, and Mancil Fo and Henrietta Mae Bell) On roll call 'the foregoing resolutions were duly passed and adopted by the following vote: AYES~ COUNCILMEN: Dutton~ Schut%e, Krein and Coons NOES~ COUNCILMEN~ None ABSENT~ COUNCILMEN: None TEMPORARILY ABSENI: COUNCILMAN~ Chandler The Mayor declared Resolutions Nos° 64R-84 to 64R-91, both inclusive, duly passed and adopted° Councilman Chandler returned, 4~20 PoMo RESOLUTION NOo 64R-92~ Councilman Schutte offered Resolution Noo 64R-92 for adopt~.Ono Refer to Resolution Book o A RESOLUT.[ON OF THE CI'~Y COUNCIL OF 'THE CiiTY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES° (Jack Co Dutton and Dorothy Go Dutton) On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Schutte, Krein and Coons NOES.~ COUNCILMEN.~ None ABSENT ~ COUNCILMEN ~ None ABSTAINED: COUNCILMEN: Dutton and Chandler The Mayor declared Resolution No o 64R~92 duly passed and adopted~ RESOLUTION N0~ 64R-93oo Councilman Krein offered Resolution Noo 64R-93 for adoption° Refer to Resolution Booko A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ANAHEIM UNION HIGH SCHOOL DISTRICT WITH REFERENCE TO THE iNSTALLATION AND MAINTENANCE OF A LIGHTING SYSTEM ON TENNIS COURTS AT LOARA HIGH $CHOOL~ On roll call the foregoing resolution was duly passed and adopted by the following vote~ AYES: COUNCILMEN: Dutton, Chandler~ Schutte~ Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 7~06 City Hall~ Anaheim~ California - COUNCIL MINUIES - February 11~ 1964~ 1530 The Mayor declared Resolution Noo 64R-93 duly passed and adopted° RESOLUTION NO~ 64R-94~ Councilman Dutton offered Resolution Noo 64R-94 for adoptions, Refer 'to Resolution Booko A RESOLUIION OF IHE CIIY COUNCIL OF THE CIIY OF ANAHEIM AMENDING RESOLUTION NOo 4274 BY PROVIDING FOR AGREEMENTS BETWEEN THE CITY AND CUSTOMERS WHERE NEW ADDITIONAL PERMANEMr LOADS ARE REQUESTED~ (City Electrical Facilities) On roll call the foregoing resolution was duly passed and adopted by the following votes AYESt COUNCILMEN~ Dutton, Chandler, Schutte, Krein and Coons NOES .~ COUNCILMEN: None ABSENT; COUNCILMEN~ None The Mayor declared Resolution Noo 64R-94 duly passed and adoptedo RELINQUISHMENI - HIGHWAY RIGHY-OF-WAY~ Certified copy of Resolution No. R-239 of the California HighwaY Commission~ relinquishing a portion of Manchester Avenue and Or.angewood Avenue to the City of Anaheim (Relinquishment Noo 238-ViI-ORA-174-ANA~ Ne~ VZi-ORA-5)~ was ordered received and filed by motion by Councilman Schutte, ;;econded by Councilman Krein. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed, on motion by Councilman Dutton, seconded by Councilman Chandler: a. Letter from ,John Waugen of 2103 Catalpa Avenue commending the Anaheim ~ire Department and particularly Station 2 on Brookhurst Street. bo Letter from Bentley H. Badjett of 800 West Wilhelmina Avenue, commending the Anaheim City Council for 'their decision in connection with the monorail proposalo c. Minutes of the Orange County Board of Supervisors meeting of January 28, 1964, regarding the request of the City of Anaheim for funding and construction of a portion of 'the East Garden Grove-Wintersburg Channel E-12. d. Notice amending route of applic'~tion of Stanley "G" Alexander for cert:~fica'te of oubli~z convenience and necessity to operate passenqer service between Dlsneyland Hotel and points and places in Orange County hearinq before the Public Utilities Commission. MOT[ON CARRIED. ORDINANCE NO. 1969: Councilman Dutton offered Ordinance No. 1969 for final reading° Refer to Ordinance Book~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONINGo (63-64-51 - Rtl) After hearing read in full the 'title of Ordinance No. 1969 and having knowledge of 'the contents therein, Councilman Chandler moved the reading in full of said ordinance be waived° Councilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED. On roll call the foregoing ordinance was duly passed and adopted by the following 'vote: AYES~ COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENY~ COUNCILMEN: None Mayor Coons declared Ordinance No. 1969 duly passed and adopted. ORDINANCE NO. 1970: Councilman Coons offered Ordinance No. 1970 for final reading° Refer to Ordinance Book. 7507 City Hall~ Anaheim~ California ,- COUNCIL MINUTES - February 11~ 1964~ 1:30 P.M. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.08 - DEFINIIIONS, OF THE ANAHEIM MUNICIPAL CODE. (A~%o~bile Service Stations) After hearing read in full the title of Ordinance No. 1970 and having knowledge of the contents therein, Councilman Chandler moved the reading in full of said ordinance be waived. Councilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED. On roll call the foregoing ordinance was duly passed and adopted by the following votes AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENI.~ COUNCILMEN; None Mayor Coons declared Ordinance No. 1970 duly passed and adopted. ORDINANCE NO. 1971: Councilman Chandler o{{ered Ordinance Nee 1971 for first readingo AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (63,-64-47 - R-3) After hearing read in full the title of Ordinance No. 1971 and having knowledge of the contents therein, Councilman Chandler moved the reading in full of said ordinance be waived~ Councilman Dutton seconded the motion~ MOTION UNANIMOUSLY CARRIED. ORDINANCE NO. 1972: Councilman Dutton offered Ordinance No. 1972 for first reading° AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING 'tITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (62-63-63 After hearing read in full the title of Ordinance Nee 1972 ~ad having knowledge of 'the contents therein, Councilman Chandler moved the reading in full of said ordinance be waived~ Councilman Dutton seconded the motion° MOTION UNANIMOUSLY CARRIEDo ALCOHOLIC BEVERAGE LICENSE APPLICATIONS: The following applications for Alcoholic Beverage Licenses were presented by the Assistant City Manager to the City Council for their information~ a. New Off-Sale Beer and Wine license by Lawrence A. and Mary H. Brown, for Larry Brown's Market, 910 South Euclid Street, C-1 Zone. b. New On-Sale Beer license by Del~Arwin, Inc~, for unnamed business at 401 South Lemon Street, C-2 Zone. c. Person to Person transfer of On-Sale Beer license by Joseph J. Viani for Duffer's inn, 113 North Magnolia Avenue, C-2 Zoneo d. New On-Sale Beer license by Rachel Fernandez Campos of the Las Maracas, 120 East Lincoln Avenue, C-2 Zone. No Council action was taken of the foregoing applications. ALCOHOLIC BEVERAGE LICENSE APPLICATION: Application submitted by Les%er Clayton Kirk for New On-Sale Beer license for unnamed business on 1077 North Harbor Boulevard, C-2 Zone, was presented by Mr. Davis to the City Council for their informatlon, On motion By Councilman Schutte, seconded by Councilman Chandler, the City A~(ornev was authorized to file protest on behalf of the City of Anaheim with the Alcoholic Beverage Control Board against said application, due ~o (he proper(y~s close proximity to La Palma Park. MOTION CARRIED. 75O8 City Mall~ Anaheim~ Callfoznia - COUNCIL MINUTES - February 11~ 1964~ 1:30 P.M, RESOLUTION NO, 64R-95: On report and recommendation of the Director of Public Works, Councilman Chandler offered Resolution No. 64R-95 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 63R-652 RELATTNG TO FEES TO BE CHARGED AT THE ANAHEIM MUNICIPAL GOLF COURSE. (Student golf play ,- Webster~ Magnolia~ Loara and Savanna High Schools) On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 64R-95 duly passed and adopted. RESOLUTION NO. 64R-96: Councilman Dutton offered Resolution No. 64R-96 for adoption, Refer to Resolution Book° A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF ANAHEIM CONFIRMING THE REPORI OF THE SUPERINTENDENT OF STREETS; ASCERTAINING AND DETERMINING /HE COSTS OF REMOVAL OF WEEDS, RUBBISH, AND RANK GROWTH FROM CERTAIN REAL PROPERTY IN THE CITY OF ANAHEIM; DIRECTING THAT THE CITY DEMAND PAYMENI OF SUCH COSTS~ AND ORDERING THAT THE COST OF SUCH REMOVAL BE CERTIFIED TO THE ORANGE COUNTY AUDITOR AS A LIEN ON SAID REAL PROPERTY. (A, Po No. 082,-,270-39) On roll call the foregoing resolution was duly passed and adQpted by the following vote: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOE$~ COUNCILMEN: None ABSENT: COUNCtLMENx None The Mayor declared Resolution No. 64R-96 duly passed and adopted. OUTDOOR ADVERTISING AND BILLBOARD SIGNS: On motion by Councilman Krein~ seconded by Councilman Dutton~ the City Attorney was authorized to appear at the public hearing concernin9 regulation of outdoor advertising and billboard signs by the State of California, to be held before the Natural Resources Subcommittee of the Assembly Interim Committee on Natural Resources~ Planning and Public Works, on February 24 and 25, 1964, and to convey the City of Anaheim support of Assembly Bill No. 2245 and Senate Bill No. 26 of the State of California. MOTION CARRIED. Councilman Chandler left the meeting, 4~50 P.M. VARIANCE 1613 ~- SUBMISSION OF PLOT PLAN: Plot Plan submitted for property des- cribed in Variance No~ 1613~ located at 'the northwest corner of Broadway and Fahrion Place, was reviewed by the City Council; and in accordance with Council Policy No. 516 said plot plan was referred to the City torney and 'the Architectural Control Board for determination as to con- formance as nearly a:~ po~:~ble with today's R~3 requirements. PROPOSED ORDINANCE ~, PAWN BROKERS AND SECOND-HAND DEALERS: At the request of Mayor Coons the City Attorney briefly explained the progress on a draft of the propo~ed ordinance relating [o 9oods received and sold by pawn brokers and second.:hand dealert:.~ PROPOSED SIGN ORDINANCE: Zonlng Coor. dinator Martin Kreidt, reported that the draft of the proposed sign ordinance has been reviewed by the Planning Staff, adjusted modificattons have been added, and the draft has been forwarded [o '[he Ci±y At~orney~ office for re;.drafting and presentation to 'the C:~.ty Council. 7S09 Git.y Uall~ Anaheim~ California ,- COUNCIL MINUTES - February 11~ 1964~ 1:30 P.M. RECESS; Councilman Krein moved to recess to 7:00 o~clock P.M. Councilman Schutte seconded the motlon~ MOTION CARRIED. (4;55 P.M~) AFTE. R....REC.ESS: Mayor Coons called the meeting to order. PRESENT: ABSENT~ PRESENT; COUNCILMEN; Dutton, Chandler, $chutte, Krein and Goons. COUNCILMEN: None. ASSISTANT CITY MANAGER; Robert Davis. CITY ATTORNEY: Joseph Geisler. DEPUTY CITY CLERK: Aloha M. Fattens. DIRECTOR OF PUBLIC WORKS: Thornton E. Piersall. GIIY ENGINEER: James P. Maddox. 20NiNG COORDINATOR: Martin Kreidt. .INVOCATION: Pastor Kluck, of the Zion Lutheran Church, gave the invocation. FLAG SALUTE: Mayor Coons led the assembly in the Pledge of Allegiance to the Flag. PUBLIC HEARING - RECLA$$IFICAIiON NO. 63-64-71 AND GENERAL PLAN AMENDMENT NO. 1: Submitted by Melvin F., Arthur E~, Fred and Alma Bentjen, Owner, LeRoy Rose, Architect, Agent, requesting a change of zone from R-O to R-o and R-3 on property briefly described as an L-sha~ed parcel of land coverin9 approximately 21 acres, having frontages of 1~076 feet on north side of Uestmont Drive, 567 feet on the south side of North Street; the eastern boundary of salO pro- perry being approximately 130 feet west of Dwyer Drive, as follows: Portion A =~ Fronting on the north side of Westmont Drive and having a depth of 111 feet -. Requested zoning~ R-O one-family suburban zone. Portion B ~ The remainder of the above described property, ex%ending to North Street- Requested zoning, R~3~ multiple-family residential zone. The City Planning Commission pursuant to their Resolution No. 1018, Series 1963-64~ recommended said petition for reclassification be denied° GENERAL PLAN A~ENDMENT NO, 1: The City Planning Commission pur- suant to their Resolution No. 1025~ Serles 1963-6~ recommended that General Plan Amendment No. 1 be disapproved~, TENTATIVE MAP - TRACT NO. 5427; De'veloper~ Orco Building and Development InCo~ said tract was filed in conjunction with Reclassification No. 63-64-71~ and is proposed for subdivision into 10 R-O, one-family suburban, and 58 R-3, multiple-family residential, lots. The City Planning Commission at their meeting held January 6, 1964, denied said tentative ma~Tract No. 5~2'7, based on the fact 'that Reclassifica- tion No. 63-6~-'71 on subject property had been recommended for denial as an incompatible us~ in the area. Numerous lettex~o of pr. crest and petition of opposition containing 185 signatures of owner~ of ~-eal property io~ated within one half mile radius of subject property, reque~ting ~aid rezoning and tentative 'tract map be denied, was submitted to the City Counc~il~ Mr. Martin Kreidt noted the location of subject property and existing zonin9 and uses of property in the im~nediate area, and summarized the evidence submitted at the hearing before the City Planning Commission~ noting that the Commission did dis~guss ~tatement~ that had been made by the agent relative %o economics and land price, but the Commission also indicated that this factor could not be a consideration of the Commission as land use ~as their prime considera'tion. ~Vith reference to the oppo~sition~ M~. Kreidt noted that the owners of property -~n the ~c~nity of subject property were of ~the opinion ~ha± the establishment of R-9 ~ould be an encroachment of multiple-family development into a ba~i~ally !~lngle-family residential ~uburban area, which would be very detrimental to their exi~ting property values. 7510 ~itv Hall~ Anaheim~ California - COUNCIL MINUTES - February 11~ 1964~ 1:30 P.~ GENERAL PLAN AMENDMENT NO. 1~ An exhibit showing General Plan Amendment No. 1 was placed on the west wall of the Gouncil Ghambers and Mr. Kreidt explained that the intent of said exhibit was to indicate how the General Plan should be amended if subject reclassification was approved, to properly reflect such a zoning change and its effect upgn adjacent pro- perties and other existing multiple family zoning in the area. The Mayor asked if the applicant was present and wished to address the Council~ Mr~ LeRoy Rose~ Architect for the proposed project and represent- ing 'the owners addressed the Council, advlsin9 that after the City Planning Commission ~:ecommended denial~ the developers prepared a project that would be the most feasible development with the least R-3, considerinq also whether the City wanted the land developed now or held vacant for a future R-O developmento Mx~. Rose submitted a copy of the map prepared by the City Planning Department in 1954 in connection with Reclassification No,D3-D4-27~ indlcatln9 that the propez'tiea between West and Euclid Streets and between La Palma and Manchester Avenues were either zoned R-i~ R-O or R-O0, and the R-O0 appeared to be a buffer zone between the R-1 and R-O property. But since that date th~ golf course property has been zoned from R-O to R-3; the school baa been erected; 'the Broadway Center parking lot and the church have been es'tablfshed on R-O propez~ty~ and the property south of the church has been zoned from R-O to R-3. Ihat if the Coun.:::il chooses to deny the requested application~ but if they also decide to have the property developed at this time, the developers now have a new plan of de'velopment to submit to the City Plan- ning Commission and City Council, as follows: (Mx o Rose held up a large colored plan of the area for the audience to view) Along the south boundary of subject property - R-O Zoning (11R-O lots) North and 'to the east adjacent to present R-O zone R-1 single- ,tory ',33 R-1 lots) Immediately west of 'the proposed R-1 Zoning - R-3 single-stOryo lhe remaindez of the property- R-3 two-story (total of 110 R-3 units) That as a result of the:z economic research the developers feel they can economically p~oduce this new proposed development at the present buying price and thereby also create a transition between the Broadway Center park- ing lot and the ~school p~'ope~ty, and 'the existing R-0 residences. in answer to CouncilVs questions~ Mr. Rose advised the R-1 lots would be 7200 square foot lots and they would comply with the minimum R-O house-size requirements if the City requested them to do so. In answer, to Councilman Dutton~s question regarding R-O develop- ment, Mm. Rose advised that at 'the present asking price, the developer can not produce a complete R-O development and make a profit. Mr. Rose again advised 'that what the developers are requesting is that if 'the city would consider this proposed new plan, they will withdraw the R-3 plan before 'the Council submitted with Reclassification No. 63-64-71~ and resubmit to the City Planning Commissiono The Mayor asked if anyone wlshed to speak in favor of subject application° There was no responseo The Mayor asked if the opposition had a spokesman who desired to address the Council. Mro Jack W~ Flammer~ 633 North Dwyer Drive, spoke in protest as a homeowner against the original plan as p~'oposed~ as this is a fine residen- 7511 City Hall~ Anahelm~ California - COUNCI~ MINUTES - February 11~ 19647 1:30 P.M. rial area which should not be encroached upon by multiple dwellings along West- mont~ He was of the opinion that this vacant R-0 acreage should be reserved for citizens coming to Anahelm to establish bu~ine~:ses and to establish fine residenceg~ He urged the Council to fully consider the many lett6rs~ w{res and petitions of pro'test that have been recelved~ Dr. Lawrence Welnstein, 1239 Dwyer Drive, recalled the many times that residents of the area have been before the City Council with reference to 'the same situation° That they are quite interested in pre- serving the residential area as it is and believe the residents would fine it necessary to move to areas in other cities if they found it becoming saturated with multiple units° Mr o Lew Overholt Jro, 651Dwyer Drive, addressed the Council in opposition advising the back portion of his property joins on the 22 acres in question~ and also recalled the many times he had been before the Com- mission and Council~ He was of the opinion that 'the request of Mr. Rose this evening 'to submit new plans would only further delay the entire matter and cause more inconvenience to the resldent~ of the area° At Mr. Overholt~s request for an indication of those present in opposition to subject reclassification, a majority of the audience stood. Mro Overholt was of the opinion that 'the principal argument of the petitioner~ is tha-t this property is ~too valuable for R-0 residential and that the petitioner~ request this evenin9 'to submit a new plan which none of the residents in the area had seen before~ was a further attempt to delay and convince the parties concerned that this alreage is too valuable to develop as R-O~ That many of the residents in this area have made substantial investments in their home~ ranging from $40~000~00 'to $85~000.00 in the Westmont area~ with many of 'the homeowners purchasing within the past year~ That to impose upon them an R-3 development because there is a parking lot on the othe~ side of thi~ vacant iand~ is unfounded because the parking lot was designed to be compatible with single family residences; to use the school a(~ 'the basi~ for their z. equest is unreasonable because schools are certalni¥ compatible with single family residential; and he was of the opinion that the ~small cluste~ of apartments that presently exist on the north side of North Street do not affect the Wes'tmont area. Mro Ove~holt urged that the CouncJi deny 'the applicant's re- quest for R-3 and that the R-0 zonlng be preserved° Mr. Flammer requested 'that the Council deny the applicant's request to resubmit the matter to the City Planning Commission. Mayor Coons declared the hearing closed~ Discussion was held by the City Council and it was felt that the law of economics would determine the 'time of development in an orderly manner, and Mayor Coons noted that very recently the area along Park Avenue was developed under R-O standards without any apparent difficulty. RESOLUTION NO. 64R-97: At the conclusion of the discussion Councilman Krein offered Resolution No. 64R~9'7 for adoption upholding the recommendation of the City Planning Commission and denying Reclassification Application No. 63-64-71, and further denying the applicants request for a referral of the alternate plan back 'to 'the City Planning Commission. Refer 'to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. (63-6~-71) On roll call the foregoing resolution was duly passed and adopted by the following vote: 7512 City Hall~ Anaheim~ Gellfornia - COUNCIL MINUTES - February 11, 1964~ 1530 AYES: COUNCILMEN: button, Chandler, Schutte, Krein and Coons NOE$~ COUNCILMEN~ None ABSENT: COUNCILMEN: None The Mayor. declared Resolution Noo 64R-97 duly passed and adopted. RESOLUTION NO. 64R-9~[ Councilman K~ein offered Resolution No. 64R-98 for adoption upholding the recommendations of the City Plannln9 Commission that General Plan Amendment No~ 1 be disapproved. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING PROPOSED AMENDMENT NOo 1 TO THE GENERAL PLAN. On roll call the foregoing resolution was duly passed and adopted by the following vote: A~YES: COUNCILMEN: button, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN; None ABSENT: COUNCILMEN: None The Mayor declared Resolution Noo 64R-98 duly passed and adopted. TENTATIVE MAP TRACT NOo 5427o~ Councilman Chandler moved that Tentative Map Tract No~ 5427 be denied~ Councilman $chutte seconded the motion. MOT I ON CARR !ED o PUBLIC HEARINGS - RECLASSIFiCATiON NO. 63-64-68 AND VARIANCE NO. 1616: RECLASSiFiCATiON NO. 63-64-68~ Submitted by Anaheim Investment Company, owner, Ronald W.~ Caspers, authorized agent, requestin9 change of zone from R-1 and C-1 to C-.O, on property located at 530, 536, 540~ 550 and 554 Fairhaven Street and 555 and 551 North Euclid Street (property havin9 front- ages on the ea~t side of Fairhaven Street, west side of Euclid Street, and south side of Cre~cent Avenue -. Tract No. 1591). The City Planning Commission pursuant to their Resolution No. 1019, Series 1963-6~ ~ecommended sald reclassification to C-O %o construct an addition 'to an existing office building, be approved, subject to the following condition~i~: le 2~ e o o Thai 'the completion of these reclassification proceedings is contingent upon 'the granting of a varianceo That the owners of subject property shall deed to the City of Anaheim a strip of land 32 feet in width, from the center line of the street, along Crescent Avenue, for street widening purposes. That Condition No. 2~ above mentioned, shall be complied with within a period of 180 days f~om date hereof, or such further time as the City Council may grant~ That subject property shall be developed substantially in accordance with plans and specifications; of file with the City of Anaheim, marked ~"Exhibit No~s~ 1 thru 6~'~, and in accordance with all provisions of the C-O~ Commercial Office, Zone. Thai access rights to Fairhaven Street shall be dedicated to the City of Anaheim, VARIANCE NO. 1616: Submitted by Keystone Savings and Loan Association and Anaheim Investment Company~ recorded owner, Ronald W. Caspers, authorized agent, requestin9 waiver of the required 10-foot building setback and the structural helght limitation to permit the expansion (3 stories) of the Keystone Savings and Loan Association building, on property described in Reclassification Application No~ 63-64-68~ the City Planning Commission pursuant to their Resolution No. 1020~ $erie~ 1963-64~ granted subject variance subjec~ ~o the following condi- tions~ 7513 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 117 1964~ 1~30 P.M. 1. Ihat the sidewalks shall be repaired along Yairhaven Street, Crescent Avenue and £uclid S'treet~ as required by the City Enqineer and in ac- cordance with ~tandard plans and specifications on file in the office of the City Engineer prior to final building inspection. 2. That trash storage areas shall be provided in accordance with approved plans on file in the office of the Director of Public Works, prior to final building inspection° 3. That this variance is granted subject to 'the completion of Reclassifica- tion No. 63-64-68~ 4. That a 36-inch decorative masonry wall set back 3-feet shall be construct- ed along the Crescent Avenue frontage of subject property, th&t §aid 3-foot strip of land between the sidewalk and wall shall be landscaped in accordance with a plan submitted to and subject to the approval of the Superintendent of Parkway Maintenance and ~hat said landscaping be installed prior 'to final building inspection° 5. That a 6-foot decorative masonry wall~ set back 3-feet~ shall be construct- ed along the Fairhaven Street frontage of subject property, said wall to be stepped down to 36 inches within 15 feet of the southerly right- of-way line of Crescen't Avenue, that said 3-foot strip of land between the sidewalk and wall shall be landscaped in accordance with a plan submitted to and subject 'to the approval of the Superintendent of Parkway Maintenance, and that said landscaping be installed prior to final buildin9 inspection. 6. That the plantin9 areas in the parking lot shall be landscaped in accordance with a plan submitted to and subject to the approval of the Superintendent of Parkway Maintenance and said landscaping be installed prior to final buildin9 inspectiono 7. That a 6-foot masonry wall shall be constructed along the southerly property lines where adjacent to single family residential zoned propert¥~ prior to final building inspect~on~ 8. That tree wells shall be provided at approximate 60-foot intervals in the Yairhaven Street and Crescent Avenue Parkways abutting subject property that plans for said 'tree wells and the planting of trees therein~ shall be submitted 'to and approved by the Superintendent of Parkway Maintenance; and said 'tree wells shall be planted with trees prior to final buildin9 inspectiono 9. That the existing driveways shall be removed and/or replaced with standard .;urbs and 9uttsrs, along Fairhaven Drive~ as required by the City Engineer and in accordance with standard plans and specifi- cations on file in the office of the City Engineer~ prior to final buildin9 inspec'tion~ Mr. Martln Kreidt read the evidence submitted at the City Planning Commission hearing~ and outlined 'the location of subject pro- perty, being 'the north 56.58 feet of Lot No. 55, and Lots Nos. 56, 57, 58, 59, 60, 61~ 63~ 64 and 65 of Tract No. 1591; that the five lots front- ing Euclid Street are presently ~laasified in the C-1 Zone and on the other side of the alley f~-onting Fairhaven Street are the five R-1 lots, the third R-1 lot south of Crescent Avenue not being a part of subject re- classification. The Mayor asked if the applicant was present and wished to address the Council° Mr~ Caspers, Authorized Agen't, addressed the Council briefly explaining the two-level building, one being underground, of the existing Keystone facility~ But at the time of their relocation from down-town Anaheim two years ago, they had approximately ten million in assets and fifteen employees~ and 'today they have thirty,-two million in assets ~nd thirty-five employees. He wa~ of 'the opinion the only way to expand to meet their apparent need for more space, was by adding additional stories, which is becomin9 the trend throughout Southern California today. That the proposed additional floors will house the data processing equipment and additional personnel and the lots frontin9 Fairhaven Street~ which they have purchased one by one, will be used for parking and be completely enclosed by a 6-foot wall with 'the only access being from the alley~ or through the existing parking lots on Euclid Street° 7514 City Hall~ Anaheim~ California - COUNCIL MINUTES - February i11 1964~ 1:30 P.M. ~'. Caspers advised they had originally hoped to be able to purchase the five lots directly behind the Hu¢lid Street frontage, however~ as they were unable to acquire the third lot from Crescent Avenue~ they purchased the slxth lot~which will be used for employee parking only. That the purchase price of said lots ranged from $15~000.00 to $18,000.00 for the corner lot on Crescent Avenue. He advised they made an offer of $20,000~00 to the owner of the third lo't with at'tractive interest rate financing on the purchase of a new home, but were unable to negotiate successfully~ however~ the offer still remalns standing° In answer to Council?s questions, Mr. Caspers advised there will be no ingress or egress from Fairhaven Street and they have requested that the wall on Crescent Avenue be reduced in height so as not to create a traffic hazard° The Mayor asked if anyone else wished to speak in favor of subject application, there was no response. The Mayor asked if anyone wished to speak in opposition° Mro Holmes~ 544 North Fairhaven Street, requested the matter be continued until his Attorney~ Mr, Dannemeyer, was present. The Mayor asked :if anyone else wished to speak in opposition. Mr, Frank Pohlman, 513 North Fairhaven Street, was of the opinion that most of the residents on the west side of Fairhaven would not object to 'the block wall if it was landscaped properly~ however~ as the remaining lots on the east side of Fairhaven will probably be developed a lot at a time, they also feel that a block wall here and there with a house in between, would make a very unattractive street~ Councilman Chandler asked Mr. Pohlman if he felt it would be of any value 'to all the people in the area~ regardless of the action on subject application, to have a plan study made of this residential tract from Crescent Avenue south and from Euclid Street west~ with the thought of making commercial use of the entire area. Mr~ Pohlman replied he could not speak for anyone else, but he enjoyed the nelghborhood~ liked the accessibility to the Freeway because he drove 'to work on it every day~ and his wife liked the convenience of the shopping area; he felt that such a study for the area east of Fairhaven would be fine~ if property owners could get together° Mr. Dannemeyer~ Attorney ~epresenting Mr° Holmes, apologized for being l~te for the hea~ingo He stated his client~ Mr, Holmes~ was the owner of Loz No. 62 f~onting on Fairhaven Street, and was under no duty to sell to the appli.:anto That he purchased this R-1 property when it was first developed and like~ livin9 there and has teen-age children who do not w?~sh to change from their p~esent high-school° Mro Dannemeyer explained that an additional factor is the deed restrictions which were placed on the residential tract as well as those lots fronting Fairhaven~ in January, 1954~ containing the provision that no building site on said property shall be used for any purpose o~her than single-family resident purpose~ and the designation R-1 as stipulated in the zoning ordinances of the City of Anaheim° As a matter of interpretation, Mr. Dannemeyer submitted that [he reference to the phrase~ "and the designa- tion R-1 as stipulated in zoning ordinances" was merely a reference to what uses are permitted in 'that R-1 zone and does not mean that a political body such as the City Council can in i'ts wisdom, change the deed restrictions; however, the Council can change what you can do in an R-1 zone under these deed restrictions and tha't would change the character of 'the use of the R-1 property, Further~ that as long as the ordinances of the City of Anaheim say that a use in an R-1 zone i~ for ~ingle-family residential purposes, that this is all that the property can be used for° That if the Council chooses to grant subject request fo~ rezoning, they would, in effect, be putting his client to an election as he most 'then take whatever the Offeror 7515 City Hall, Anaheim, California - COUNCIL MINUTES - February 11~ 1964~ 1;30 P,Mo will in his magnanimity give, or he must put up hi5 dollars and go to court to protect a contract right placed on his property in 1954 by deed reslrlc- tions which can nof in any way be altered by an act of the Council. By the same token~ the Council is not bound by what the restrictions say~ as fhey have the political ability to rezone this property, but any such action can not affect the sta'tus of the deed restrictions as now recorded. He was of the opinion that there was a serious legal question as to whether or not the applicant could proceed with his proposed use of the property even if the Council did elect to follow the recommenda~tions of the City Planning Commission. Mr~ Dannemeyer referred to the Anaheim Municipal Code, and was of the opinion that so far as th~ zonia9 ':h~nae w~; ;on.;erned~ ~hat [he applicant's request to expand his activities 6y adding to the height of his building, thereby creating a need ~or more parking~ does not demonstrate a public necessity and convenience to preserve the general welfare of this area and the people of the city, but rather becomes a matter of priva'te necessity. Also the same crlterla exlsts with respect to the variance, as this parcel is not of odd '~haped ~zze ~i~at need:~ to seek relief from the application of lawo He was of the opinion there was nothing unusual about subject property, however, if the application is granted, an odd shaped' parcel will be created, as Mr. Ho/m~' re~de~-,t~al tot will become an island surrounded on three sides by C-O. Mr o Dannemeyer submitted that a reasonable alternative would be to grant 'the applicant his requested variance from the height requirements, however let him provide basement parking rather than interfering with the peace and quiet of his client and his neighbors by rezoning the R-1 lots to C-O, Councilman Dutton asked Mr. Dannemeyer if either he or his client had offered to sell since January 6~ for more than the $20,000.00 offered. Mr. Dannemeyer replied that they have negotiated, but he was uncertain whether there could be a mutual agreement because his client is not convinced that he wants to move~ He further stated than he has advised his client that the deed restrictions will prevent 'the applicant from enjoying the benefits they are requesting~ if someone seeks to pursue 'the matter. Councilman Chandler stated it was his understanding regarding deed restrictions that they stand as a contractual matte~ until a court of equity determines that 'there has been a change in the neighborhood and the surrounding area so that~twould no longer be practical to enforce the deed restrictions° Ihe p~inciple that was outlined about the protection of deed restrictions is a good thing for 'the person who wants to enforce the restrictions regardless of the principle of equity~ but how can an individual test the efficacy of the deed restrictions under present conditions without giving him the political action rezoning his property so he can show that the development will be permitted if the determination is made. Mr, Dannemeyer felt that if these people seek 'to visit discomforts and inconvenience upon a private resident and lot owner in view of these deed restrictions~ that they have a very clear remedy° The applicant owns the proper'ty on each side of Mr~ Holmes~ and therefor~ could under the existing law file a petition in the courts to remove the restriction and then present their evidence to determine if there has been a change in circumstancms that would justify a lifting of the deed restrictions. As it is now~ if the ap- plication is granted~ Mr. Holmes would have to go to court to do the same thing in order to protect his property. Than in his opinion, if the applicant feels the circumstances have changed, they should be the individuals who present the matter to 'the court ~or the purpose of having the deed restrictions lifted. Councilman Chandler felt that the deed restrictions could work for and against both parties: that the Council would not be unfair to either party by not paying attention to the deed restrlctlons~ Mr o Dannemeyer stated he recognized that the Council had the right to rezone the property regardless of ~he deed restrictions~ but that he had been informed that it has sometimes been expressed that the Council will not 7516 City Hall~ Anaheim~ California - COUNCIL MINUTES- February 11~ 1964~ 1:30 P,M, willingly in the .absence of extraordinary circumstances place its citizens to the burden of defending a deed restriction which he enjoys on his pro- perty, The Mayor asked if anyone else wished to address the Council. Peter Nozero, 517 Fairhaven Street, addressed the Council in op- position to the applicant°s request for rezoning which would leave one R-1 lot :isolated. He felt that if subject applicafion was granted, that the remainder of the homeowners could be subjected to the same isolation probl~m~ HE r~ferred fo fhe recommendation made at the City Planning Commission hearing 'that a study be made of this area, and requested that action b~ withheld until such ~ u~se .~tudy is presented, particularly as to 'the east side of Fairhaven Street. in rebuttal, Mr~ Caspers eta'ted they definitely felt that there has been a tremendous conversion and change in the nature of the neighbor- hood since 'the homes were originally built, with the coming of the Broad- way-Robinson Shopping Center~ the high-rise Galifornia Federal Building~ and the various shopping areas~ that this was certainly their opinion or they would not be willing to pay $68,000~00 an acre (four houses to an acre) for fhe purpose of parking cars~ Mro Casper~ further advised that their proposed wall will be decorative in any way de.~ired to zemo~e the monotony o~ a 6-foot wall~ and still provide Mro Holmes his privacy~ That all of the lights in the park- ing lots will be of the low mu~h~oom type, and the telephone-utilities will probably be placed undezg~ound~ He :~tated that he always felt that their business ~ ~ le~t qua ~-pubi :_ ~ a:~ any bank or ~avings and loan is a public buslness dealing with people's moneyo 'The Mayor asked if anyone else had anything new or additional to offer, there being no response, declared the hearing closed. Discussion was held by the City Council, and Councilman Chandler asked Mr, Casper$ if any offer to sell had been made by Mr. Holmes. ~h. Caspers replied that counsel for Mr. Holmes met with his Attorney, and he understood the:re wa~ a higher figure mentioned. RESOLUTIONS: Counc~iman 5handier was of the opinion the extension of the parking lot in the manne~ proposed by ~the applicant would not necessarily be a detriment to the nelgnborhood~ as at the time the C~I lots on Euclid S'treet are developed~ the remaining R-1 lot~ on Fai~haven will also pro- bably be considered for parking purposes° Councilman Chandler offered resolution~ upholding the a.~',tlon of 'the City Planning Commission and granting Reclassification No~ 63-6~-68 and Variance No. 1616 subject to the recommendations of the City Planning Commission~ Coun::~lman Schut'te felt the change in the area was recognized when the lo'tr~ along Euclid were never developed as homes by the sub- divider; regarding 'the re:~iden%ial lot~ on Fairhaven, he questioned 'the read, on for the or:ig~nal deed re~'L~"~,:tion~ if they do not continue to serve a purpo:~e~ Mayor Coons felt the situa'tion would be considered differently by the proper'ty owner:; in the entire tract if the City Plannin9 Commission held a study and hearing~ .zegardzn9 an intent to reclassify the tier of lots facing Fairhaven Street from Crescent Avenue to Westmont Street, to the C.-0 zone. He noted that at 'the City Planning Commission only four persons appeared in opposition, ~:~o ~uch ~tudy might provide a satisfactory solution,~ Mayor Coons called for roll call of the foregoing resolutions: AYES: NOES: COUNCILMEN: Du~t'ton and Chandler COUNCILMEN~ Schutte and Krein 7517 City Hall~ Anaheim~ California - COUNCIL MINUTES- february 11~ 1964~ 1:30 P.M. Councilman Krein requested that a study of the area be made by the City Planning Commission~ Mayor Coons asked if the Council would consider tabling their action, pending the results of subject study° Martin Kreidt advised that such a study has been commenced and will be before the Commission on March 2~ 1964. Councilman Chandler stated he dld not wish to withdraw his resolutions, but in 'the light of Mr, Kreidt~s infozmation~ he asked Caspers if he desired a continuance to allow for the result~ of a study of the area between Crescent Avenue and Westmont Street~ and Euclid and Fairhaven Streets° Mr, Caspers replied he would rather have the application con- tinued than have it denied, Mro Dannene'yer, in answer to Councilman Chandler's quegtion, stated he could only speak for his client)'that he felt the evidence has been submitted and they oppose any continuance. Two gentlemen who addressed the Council in opposition, stated from the audience they were in favor- of a continuance, Mayor Coons then ab~tained from vo'ting on the resolutions, declaring a tie vote° It was moved by Councilman Dutton~ seconded by Councilman Schutte zhat said resolutions be tabled for further study~ to be again considered on March 10th~ 1964, at 7~00 o~.~lo{:k P.M, MOTION CARRIED. PUBLIC HEARING - RECLASSIFICATION NO. 63-64-67 AND CONDITIONAL USE PERMIT NO. 523: Submitted by Broadway-Hale S'tores~ Incorporated, requesting a change of zone from R-A to C~2 to permit 'the es'tablishment of a service station on a trian- gular ~;haped pa~..el of prope~ty~ having f~'ontage~ on the sgutherly, side of Wilshire Avenue~ east side of Loafs Street and the northerly side of the Santa Aha Freeway off~rampo The City Planning Commission pursuant to their Resolution No. 1021, Series~ 1963-64~ recommended said re¢lassifica'tion be approved subject to the following condition: 1. That the comple[ion of 'the reclassification proceedings is contingent upon the granting of a conditional use permito The City Planning Commission pursuant 'to their Resolution No. 1022, Series 1963-647 9ranted said conditional use permit 'to establish a service station subject to the following conditions~ 1. That this <:onditional use permit is granted subject to the completion of Reclassification No. 63-64-67. 2. That trash storage areas shall be provided in accordance with approved plans on file in the offi~e of the Director of Publlc ~orks~ prior to final building inspection° 3, That sidewalks shall be installed along Wilshire Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the office of 'the City Engineer prior to final building inspection. 4o That adequate pedestrian protection shall be provided at the existing drainage facilities which meets the approval of the State Division of Highways and the City Engineer. 5. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked "Exhibit Nos° 1~ 2 and 3"~ and further that subject property shall be developed substantially in accordance with adopted Service Station Minimum Site Development Standards. Mr~ Martin Kreidt noted the unusual location of subject property and the existing ~oning and uses in the area° 7518 City Hall~ Anaheim California - COUNCIL MINUTES - February 11~ 1964~ 1:30 P.M. Discussion was held by 'the Ci't¥ Council regarding Condition No. 3 of the City Planning Commission Resolution No. 1022, relating to the installation of sidewalks along Wilshire Avenue. The Mayor askea if the applicant wished to address the Council. Mro Cralg Grainger, Authorized Agent, advised that Standard Oil Company is willing to in~tall the sidewalks even though they dead-end at the State Highway fence. Regarding Condition No. 4 of the City Plan- ning Resolution~ Mr, Gzalnger submitted a photo showing that the existing drainage structure is not at [he property line~ but is actually about 15 feet around the curb on State property. Mr. Jack Kahle, 1464 West Beverly Drive, advised he had no objection to the service station but was concerned as to restrictions on the height and type of any advertising signs, and also felt a hazard- ous condition would be created if access to the service station would be from the Freeway off-ramp, Mayor Coons advised 'that any signs which are not a part of the building, but a free-standing $ign~ would have to be by a separate ap- plication before the Ci[y Council~ Regarding the access, the only vehicular access will be off Wilshire Avenue, as the State property is fenced. 'The Mayor asked if anyone else wished to address the Council, there being no ~esponse declared the hearing closed° RESOLUTION NO, 64R-99: Councilman Schutte offered Resolution No. 64R-99 authorizing the p~eparation of necessary ordinance changing the zone as requested subject to 'the recommendations of the City Planning Commission. Refer to Resolu'tion Book, A RESOLUTION OF THE CITY COUNCIL OF THE CIT"/' OF ANAHEIM FINDING AND DETERMINING THAT ~TLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED {63-64-67 ,- C,-2~ On roll call the foregoing resolution was duly passed and adopted by the following 'vote: AYES: COUNCILMEN: Dutton, Chandler~ Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 64R-99 duly passed and adopted. RESOLUTION NO. 64R-100: Councilman $chutte offered Resolution No. 64R-100 for adoption granting Conditional Use Permit Noo 523 subject to the recom- mendations of the City Planning Commission. Refer to Resolution Book~ A RESOLUTION OF rile CiTY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 523. On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Dutton, Chandler, Schutte~ Iirein and Coons NOES: COUNCILMEN; None ABSENT: COUNCILMEN: None The Mayoz declared Resolution No. 64R,-100 duly passed and adopted. Councilman Schutte left the meetin9~ 8;45 P.M~ 7S19 Cit.y Hall~ Anaheim~ California - COUNCIL MINUTES - February 11~ 1964~ 1:30 P.M. .PUBLIC HEARINGS - RECLASSIFICATION NO. 63-64-44 AND VARIANCE NO. 1605: Submitted by Clifford J~ LaBorde~ R. S. Kitahata, and Richard P. Kuehn~ Owners~ J. 3, Ausilio, Authorized Agent, requesting a change of zone from R-A to R-3 and waiver of one-story height limitation and side yard setback requirements to permit the construction of a 35 unit apartment building with carports, on property located on the west side of Harbor Boulevard approximately 685 feet south of South Street, and further described as 861 South Harbor Boulevard. The City Planning Commission pursuant 'to their Resolutions Nos. 941 and 942 Series 1963-64~ at their meeting of October 14th, 1963~ recom- mended that reclassifica'tion and variance be approved, subject to conditions. Public hearing was held before the City Council on November 19th, 1963, and pursuant to Council Resolutions Nos. 63R-916 and 63R-917 said applications were denied. Reconsideration of said action taken by the City Council was granted on January 14th, 1964, at the request of Mr, Ausilio on the basis of hardship inasmuch as a request for commercial zoning was also previously denied and subject property is presently surrounded on 'three sides by R-3 and C-1 zoned property~ Mro Martin Kreidt noted the location of subject property and the existing uses and zoning in the area. Regarding the petitioner's request to have access from Harbor Boulevard and Bellview Street, which would result in a 30 foot drive sez'ving as a 64 foot collector ~'treet for subject property and the R.-3 development 'to the west, he advised 'that the staff felt this will create a traffic problem and therefor recommended that the access to all garages be from Bellview Street~ and the 20 foot dedicated alley abutting subject property to the west, and that approximately 20 off-street guest parking spaces be provided adjacent to Harbor Boulevard with access to Harbor Boulevard onlyo The Mayo~- asked if the applican't wished to address the Council. Mr. John Ausilio, 6022 San Lorenzo Drive, Buena Park, acting agent for Mro Clifford LaBorde~ adv.i~ed they ax'e still considerinq the original plans submitted and are in complete agreement with the C~ty Planning Commission recommendations with the exception of their denial of the waiver of the height limitations, as this would result in 'the loss of six two bedroom apartment units and in view of 'the high land cost, 'this will place a hardship on the ownerSo He was of the opinion the additional height will not invade privacy because with the widening of Harbor Boulevard the distance from the proposed structures to the properties ac~'oss tlhe street would be approximately. 130 feet; he further advised that prior to making 'the arrangements for this R-3 proposal, they ~onta:~ted Coldwell B.~nkez and A~o~iate~ and at that time they. indicated tha't the area will not support a C.-i project, and he was of the opinion that their statement is substantiated by the apparent number of existing 'vacancies of office space in the immediate area at the present time. Councilman $chutte returned to the mee'ting, 8:50 P.M. The Mayor asked if anyone else wished to address the Council, there being no response, declared ~he hearing closed° Councilman Coons stated he favored subject development when it was previously before the Council, but having 9iven 'the matter further study and closely observing the traffi.c conditions on Harbor Boulevard, he was now of the opinion that access to Harbor Boulevard hs proposed~ would create hazardous situations. RESOLUTION NO. 64R-101; Councilman Krein offered Resolution No. 6AR-lO1 for adoption, authorizin9 the preparation of necessary ordinance changing the zone as requested, subject to the following conditions: l. That the owners of subject property shall deed to the City of Anaheim a strip of land 45 feet in width from the ~enter line of the street along Harbor Boulevard for street lighting purposes. 7520 ~.ity Hail, Anaheim~ California - COUNCIL MINUIE$ - February 11, 1964, 1:30 P.M. 2~ e That the completion of 'these reclassification proceedings is con- 'tingen't upon the 9ranting of Variance No. 1605o That Condition No. 1 above mentioned, shall be complied with within a period of 180 days from date hereof, or such further time as the City Council may grant, That the vehicular access rights to Harbor Boulevard shall be dedicated to the City of Anaheim, said dedication shall be complied with within a period of 180 days hereof~ or such further time as the City Council may grant° Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DEIERMINING IHAI TITLE 18 OF IHE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAI THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGEDo (63-64-44 - R-3) On roll call the foregoing resolution was duly passed and adopted by 'the following vote: AYES: COUNC!LM~N: Dutton, Chandler, Schutte, Ar, in and Coons NOES .. C OUNC I LMEN: No ne ABSENI: COUNCILMEN: None The Mayor~ declared Resolu'tion NCo 64R-101 duly passed and adopted. RESOLUTION NO. 64R~,102: Councilman Krein offered Resolution No. 64R-102 for adoption~ granting Varlance No. 1605~ as requested (2-story), subject to the following .conditions~ Ae 2~ e o . . Tha't 'the sidewalks shall be ins'tailed along Harbor Boulevard as re- quired by the City Engineer, and in accordance with standard plans and specifications on file in the office of the City Engineer, prior to final building inspection, That the owners of subject property shall pay to the City of Anaheim the sum of $25~00 per dwelling unit to be used for park and recreation purposes~ said amount to be paid at the time the building permit is issued° That 'trash storage areas ~shall be provided in accordance with approved plans on file in the office of the Director of Public ~orks, prior to final building inspection. That this variance is granted subject 'to the completion of the Re- classification No, 63-6.4.=44~ That the vehicular access ri9hts to Harbor Boulevard be dedicated to the City of Anaheim, and that said dedication be complied with within a period of 180 days from date hereof~ or such further time as the City Council may gran'to A 30 foot opening between the garages on the south property line and the main building shall be closed with a solid wall, architecturally compatible with the balance of the architecture~ Final plans for development shall be approved by the City Council prior to the issuance of a buildin9 permit, Refer 'to Resolu'tlon BOOko A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1605, On roll call the foregoing resolution was duly passed and adoPted by the following vote~ AYES.~ COUNCILMEN: Dutton~ Chandler', $chutte~ Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RECESS: Councilman Chandler moved for a fifteen minute recess, Councilman Dutton seconded the motion, MOIION CARRIED. (9.'00 P.M.) 7521 City Hall, Anaheim~ Cailfornia - COUNCIL MINUTES - February 11~ 1964~ 1:30 P.M. AFIER RECESS: Mayor Coons called the meeting to order~ all the members of the Council being present° PUBLIC HEARINGS - RECLA$$!FICAIION NO~ 63-6~-20 AND COi~D!7.!ONAL 'USE PERMIT NO. 4657 RECLASSIFICATION .N_O. 62-64-21 AND CONDfTiONAL USE PERMIT NO. 466: Mayor Coons asked if he was correct in hi~ under~;'tanding 'that the properties described in Reclasslfi<.ation No, 62-64-20 and Reglassification No. 63-64-21 have been combined and are now under, one owne~ship~ and ~urther~ if the evi- dence to be submitted oould be ~:~ppl;ed to bo'th applica'tions~ Mrs Rinker zepiied that R;nkez Development Company now own¢ both parcel~ in ~itte, and [hat he had no objection to the Council con- sidering both applications jolntlyo RECLASSiFiCATION NO. 63-64~20 AND CONDITIONAL USE PERMIT NO. 465: Orlglnally submitted by Ray Oakes~ Ownez~ Rinke.[ Development Corporation, Agent, requesting a change of zone from R-A to R-.3 and pe'r.mission to establlsh a sln91e-story multiple planned family realdenti~l development with carports, on property located at ~ha northaa~,~t corner o~ the intersection of the New- port and R~ver:side Freewa¥~ sa:id propez'ty ,~o:~ezin9 approximately 14 acres. [he City Planning Comml,~::_,ion pursuant to thelr Resolution No. 1008~ Series 1963-6~, i~.e~ommended s':~id re,ilass!fi,~at[on be denied. The City Planning :Uomml:~zon pu~:~uan't ~o their Resolution No. 1009~ Sea'!es 1963-64,.~ den.Led "onditi_onal U':e Perm. it No. ,465~ RECLASSiF '_'CATION NO,., 63-6,.~-2i AND CONDiFIONAL USE PERMIT NO. 466: Submitted by Rinker Development Corporation ,and Charles ,is Biddle, Owners, Development Coordinato:~:~,~ Agent,, ]eque ,t;,,ng ~= 'hange in zone 'from R-A to R-3 and permission to :onstzu~:t two ~to~y multiple fatalist planned residential development with waiver of one~,~toz'y heigh~ limitation~ on property located at the northeast ,:orner of the Znte:zse t~on of the Riverside and Newport Freeways~ the eastern boundary' being adja, ent :o the Anaheim city limits lines Sald property ~over~ approximately The Ci':y Planning Commi,:~',on puzsuan't to their Resolution No. 1010~ Series 1963.~,6~ ~'e~ommeaded ~a'!,d ~e la,~f!:ation be denied. The City Planning Commi~z;on pur::~uant to thei:r Resolution No, 101], Series 1963,-6,~ denled :3onditional g~e Permit No. 466~ Mr~ Mart"n Kreidt outiined the lo:at:ion of subject property, and advised that the appl:[~:~t}.on~ were heard be[oxe the Commission on several occa:~ions and a number, o~ q~aff ana~e~ o~ the plan submitted and that of the are'~ ~e~e prepared, tndi~:atlng ho~ the area m~ght be affected by vaz:ious types of development with various densities~ Mr.~ Kreidt disaus-~-ed at length the ,;ontents of the staff reports dated December 9~ 1963, and 3~anuary 6~ 196~ pertaining to subject applica- tions and read in full 'the Flnding:s of the City Planning Commission. it was noted that ~:op~es of sa~d reports had pre'viousl¥ been furnished each Councilman for their ~'evlew and :~tudyo Plans and the files were reviewed by 'the City Council and Mayor Coons read in full communica- tion dated February ltth~ 1964~ :received from Great ~estern Land Company, Mervin B, .7ohn?son~P~.es:ident~ ~dv~sinq that they have reviewed 'the appli- c:ant~'s over-all layout ~nd the eievat~on :tud~e-:, of the proposed struc- tures~ and with the buffer area of :ingle story buildings abutting their Tracts Nos. 442~7 and 5000~ they' have no objection to the requested zone change. The Mayor. asked if .Mr:, Rinker wished 'to address fihe Council. Mr~ Rinker ::{rated they pzopone a very high quality development consisting of 618 unit:~ on 58,,94 a,:;:~e~.~ .~nd using 'the gross acreage, they would have a den~i'ty of only 10.~5 dwelling units per' acre~ He submitted colored renderings of 'the proposed ex'te.t'lc:;-_~ ~:nd a [ar'ge general layout in 7522 Gity Hall~ Anaheim~ California ,- COUNCIL MINUIES - February 11~ 1964~ 1:30 P.M. _ color of the entire development. Mro Darrell Meyer, Development Coordinator~ pointed out some of the reasoning that has gone into this proposed development, being of the opinion it represented ~n excellent ,ompromise between R-1 and a re- gular R-30evelopment and noted tha't this mode of living is becomin9 most popular and widely accepted. He advised that the wide streets that come into the project from the periphery or circulatory streets will be dedicated~ and 'the short '"T~ streets indicated between units will eliminate through ~traffic on the non-dedicated streets° That he felt their proposal leaned more towards an R-1 type developmen't as their density is moderate, each unit has a private patio~ and they have provided space for two cars per dwelling unit. [urther~ that the single story buffer extends approxi- mately 250 feet from ~tr~ Johnson's property. In further explaining their plan$, he advised 'there wlll be five complete recrea.tional areas provided~ fwo o~ which will have large Olympi~-type pools~ clubhouses for meetings and children's group~, etc~ and the other areas contain smaller fenced pools and playground equipment~ in one area there is also provided a baseball diamond° Mr- Meye~ submitted an enlargement of 'the living unit itself~ showing patio and carport and an ,aerial prospective showing %he rela~ion- ship between the two-story buildings~ pools~ clubhouses~ streets, etc., as they envisioned the proposed project~ At the request of Mayor Coons~ ~[r, Rinker advised there were seven typical exterio~ rendezing:~ ~hown and that they would reduce the renderings and exhibits submitted 'to color Kodachrome photographs so that they could be made a part of the files° Mr~ Harry Rinker stated~ with reference to access to the property, that they would not sell or occupy the dwellings until the Batavia Street over-pass is comple'ted by the Sta'te and available for access. That the access of Santa Aha Canyon Road will be used only for an entry to building models~ but not for occupancy of dwellings~ ~mo Maddox, City Engineer~ in answer to Council questioning, estimated said street ~onstruction would be completed in approximately eighteen mon'ths~ The Mayo: ~sked if anyone wished to address the Council, there being to re:sponse declared the he~.~in9 c:losed. RESOLUTION NOo 64R~103 ,- RECLASSiFiCATION NO. 63-6.4-20: Councilman Schutte offered Resolution No,~ 64R~103 for adoption~ authorizing the preparation of the neles~ary ordinance changing the zone as requested subject to 'the following ,ionditions: le 2o e re That a Final tract Map of ~ubject property be approved by the City Council and re,sorded in the offi~:e of the Orange County Recorder. That ~ubject property ~hail di,~pose of 'their drainage into the Santa Aha River, subjec:t to 'the approval of the Orange County Water Distrio't~ Orange County Flood Control and 'the City Engineer. All drainage across Batav:a Street shall be by means of an underground storm drain sy~temo That alley cut-offs and/or radii conform to the Standard Plan No. 130 on file in the office of the City Engineer. That the acce,}~ road to the northern,-most street~ adjacent to the Santa Ana River levee, shall be relocated easterly of :the existing location shown on the map~ to more adequately clear the Batavia Street Overpas~ That the grade and aiignment of 'the Batavia Street Overpass shai1 be approved by the State Divi:~ion of Highways~ That the exterior s't~eets shall be 55 feet wide with the exterior one (1) foot being reserved by the owner of the subject property and used for the ~ons'truction of a six (6~' foot masonry wall That the vehicular a~cess rights~ exc~ep't at street and/or alley open- ings~ to Batavia Street ~hall be dedicated to 'the City of Anaheim. 7523 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 11~ 1964~ 1:30 P.Mo _ 8. That the completion of these reclassification proceedings is subject to the completion of Reclassification Nco 63-64-21 and contingent upon the granting of Conditional Use Permit Nos° 465 and 466° 9. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim~ marked "Revision No, 1, Exhibit Nos° 1 through 17~, and in accordance with kodachrome photos of the exhlbit:~ submitted by the applicant this date° 10. The submission of plans of development and final building plans for approval by the City Council prior to the is~suance of a building permit. Refez to Resolution Book° A RESOLUTION OF THE CiTY COUNCIL OF THE CiTY OF ANAHEI:M FINDING AND DETERMING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT IHE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED° (63-64-20 - R-3) On roll call the foregoing resolution was duly passed and adopted by the following vote~ AYES: COUNCILMEN~ Dutton~ Chandler, Schutte, Krein and Coons NOES; COUNCILMEN; None ABSENT~ COUNCILMEN,. None The Mayor declared Resolution No. 64R-103 duly passed and adopted. RESOLUTION NO. 64R-104 - CONDITIONAL USE PERMIT NO. 465: Councilman $chutte offered Resolution No~ 64R=.104 for adoption, granting Conditional Use Permit No. 465 subject 'to the following condition~: . 2~ . 4~ . e e 8~ That the ownex~s of subje~'t property shall pay 'to the City of Anaheim the sum of $25o00 per dwellin9 unit~ to be u~ed for park and recreation purposes~ said amount to be paid at the time the building permit is issued. That trash storage areas ~hall be provided in accordance with approved plans on file in the office of the Diz. eotor of Public Works, prior to final buildin9 inspeetiono That fire hydrants shall be installed as required and determined to be necessary by the Chief of 'the Fire Departmen't~ to be installed prior to final building inspe~tiono That this Conditional 'Os, Permit is 9ranted subjeot to the completion of Reclassification Nco 63-64=20o Specific requirements of the R-3 Zone for building setbacks and distances between buildings are waived~ upon 'the condition that such setbacks and distances between buildings shall be approved in conjunction with the approval of building plans~ which plans ~hall be submitted to and approved by the City Coun¢il~ prior to the issuanoe of building permits. That a 6 foot masonry wall shall be ~onstructed around the perimeter of the projeet inoorporated in Conditional Use Permlt Nos. 465 and 466, prior to final building inspe~::tion. That tree wells shall be provlded at approximate 40 foot intervals in the Batavia Street parkways and all proposed street parkways abutting subject property~ thai plans for said tree wells and plantin9 of trees therein shall be submitted to and approved by 'the Superintendent of Parkway Maintenance; and said tree wells shall be planted with trees prior to final building inspection; or~ payment of 15¢ per front foot for parkway planting~ to be paid at the time 'the building permit is issuedo All carports and garages shall be at lea~t 10 feet by 20 feet. Installation of a modified cul-de-sac at the west stub end of Addington Driver in compliance with requirements of the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 465o On roll call the foregoing resolution was duly passed and adopted. by the following vote: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOE$~ COUNCILMEN: None ABSENT: COUNCILMEN: None 7524 City Hall~ Anaheim, California .- COUNCIL MINUTES - February 11~ 1964~ 1;30 PoM. The Mayor declared Resolution Nco 64R-104 duly passed and adopted, RESOLUTION NO~ 64R-i05 - RECLASSiFiCATiON NO. 63-64-21: Councilman Schutte offered Resolution No. ~4R-105 for adoption, authorizing the preparation of necessary ordinance changing the zone as requested, subject to the follow- ing conditions: 1. That a Final Tract Map of subject property be approved by the City Council and z~eoorded in the office of the Orange County Recorder. 2o That the subject property shall die, pose of their drainage into the Santa Ana River~ subject to the approval of the Orange County Water District, Orange County Flood Control and the City Engineer, All drainage across Batavia Street shall be by means of an underground storm drain sy~:~temo 3. That alley cut-offs and/or radii conform to the Standard Plan No, 130 on ffle in 'the office of the City Engineer. 4, That the access road ~o the northern-most s~reet, adjacent to the Santa Ana River levee~ shall be relocated easterly of the existing location shown on the map~ to more adequately ¢lea~ the Batavia Street Overpass, 5. That 'the grade and alignment of the Batavia Street Overpass shall be approved by the State Division of Highways~ 6. That the exterior st~eet~ shall be 55 feet wide with the exterior one ~.[1~, foot being re,~erved by the owner of the subject property and used ° ~6) foot masonry wall for the construct.ion of a s:x .,. , ~ That 'the vehicula~'a~-cess ~ghts~ except at street and/or alley openings~ to Batavia Street shall be dedicated to the City of Anaheim, That the sompletion of 'these re,:.;lassifica'tion proceedings is subject to the completion of Re, iassification NCo 63~-64,-20 and contingent upon the 9ranting of Conditional Use Permit Nos~ 465 and 466. That subjec't property shall be developed substantially in accordance with plans and specifi~:;ations on file with the City of Anaheim, marked 'Revit~ion No. 1~ Exhibi't No~o 1 through 1'7"~ and in accordance with kodac:hrome photos of the exhibits ~ubmitted by 'the applicant this date" 10. The submiasfon of plan:~ of development and final buildinq plans for approval by the City Coun~il p:rior 'to the issuance of a ~uildin9 permit. o 9~ Refer 'to Resolution Book° A RESOLOT]ON OF FHE ,~,IT¥"" ,,~,OUN~ilL'" n OF THE CiTY OF ANAHEIM FINDING AND DETERMIN- ING THAT tiTLE 18 OF ~HE ANAHEIM MUN'~_CZPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARZES OF CERTAIN ZONES SHOULD BE CHANGED. (63-64-21 ,- R.~3) On roll ~all the foregoing resolution 'was duly passed and adopted by the following vote: AYES: COUNCILMEN: Dutton~ Chandler~ Schutte~ Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNC [£LMEN: None The Mayor declared Resolution No~ 64R-105 duly passed and adopted. RESOLUTION NO. 64R-i06 ,=CONDi[IONAL USE PERMIT NO, 466: Councilman $chutte offered Resolution No. 64R~,,106 for adoption 9ranting Conditional Use Permit No. 466 subject to the following Gonditionsg e ~ That 'the owners of subject property shall pay to the City of Anaheim the sum of $25.00 per dwelling unit, to be used for park and recreation purposes, said amoun't to be paid at 'the 'time the building permit is issued. That trash storage areas shall be provided in accordance with approved plans on file in the office of the Director of Public Works, prior to final building ;inspection, That fire hydrant~ shall be installed as required and determined to be necessary by 'the Chief of the Fire Department, to be installed prior to final building inspection~ Tha't this Conditional Use Permit is 9z~an.ted subject to the completion of Reclassification No, 63.~64-21~ 7525 City Hall~ Anaheim~ California - COUNCIL MINUTES - February i11 1964~ 1:30 P.M. e 6~ e ® Specific requirements of the R-.3 Zone for buildin9 setbacks and distances between buildings are waived, upon the condition that such setbacks and distances between buildings shall be approved in junction with 'the approval of building plans, which plans shall be submitted 'to and approved by the City Council~ prior to the issuance of building permi'ts~ That a 6 foot masonry wall shall be cons'true'ted around the perimeter of the project incorporated in Conditional Use Permit Nos. 465 and 466, prior to final building inspection° That tree wells shall be provided at approximate 40 foot intervals in the Batavia Street parkways and all proposed street parkways abutting subject property; that plans for said tree wells and plant- ing of trees therein shall be submitted to and approved by the Super- intendent of Parkway Maintenance~ and °aid tree wells shall be planted wi'th trees prior to final buildlng inspection; or, payment of 15¢ per front foot for parkway planting~ to be paid a't 'the time the building permit is issued° All carports and garages shall be at least 10 feet by 20 feet. Installation of a modified cul-de-sac at 'the west stub end of Addington Drive~ in complianse with requirements of the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CiTY COUNCIL OP THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. ~66~ On roll call 'the foregoing resolution was duly passed and adopted by the following vote: AYES; COUNCILMEN: Dutton, Chandler., Schutte~ Krein and Coons NOES: COUNC I LMEN ~ None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 64R-106 duly passed and adopted. PUBLIC HEARING - RECLASSIFiCATiON NO. 63~64~-.72: Submit'ted by Herman H. Bruns~ requesting a change of zone from C-2 and P,~L 'to C~O on property located at the southeast corner of Los Angeles Street and Clifton Avenue~ and further described as i102 South Los Angeles Street° The City Planning Commission pursuant to their Resolution No. 1023, Series 1963-6~ recommended said reclassification be approved to establish a professional office building subject to the followin9 conditions: 1. That the owners of ~ubject property shall deed to the City of Anaheim a strip of land 53 fee't in width~ from the center line of the street, along Los Angeles Street~ for :s'greet widenin9 purposes, 2. That the owners of subject property shall acquire Lot A of Tract No. 2757 to provide for access to Clifton Avenue, 3. That 'the owners of subject proper~y shall deed to 'the City of Anaheim a strip of land 30 feet in width~ from ~e sente~ line of the street~ along Ctifton Avenue, fo~ st~ee[ widening purposes° 4. That owners of subject property shall pay to the City of Anaheim the sum of $2°00 per front foot~ alon9 Clifton Avenue and Los Angeles Street~ for street lighting purpose$~ 5. Yhat sidewalks shall be installed along Clifton Avenue and Los Angeles Street, as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer prior to final building inspection° The sidewalks on Los Angeles Street shall be installed at the ultimate losation and 9radeo 6. That the owners of subject property shall deed to the City of Anaheim a 5.-foot public utility easement along the sou'therly boundary of subject property~ 7. That trash storage areas shall be provided in accordance with approved plans on file in the office of the Director of Public Works~ prior to final building inspection. 8. That Condition Nos~ 1, 2, 3~ 4 and 6~ above mentioned~ shall be complied with within a perlod of 180 days from date hereof, or such further time as the City Council may grant. 7526 City Hall~ Anaheim~ California - GOUNG!L MINUTES - February 11~ 1964~ 1:30 P.M, 9. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked "Exhibit Nos, 1 and 2~, and in accordance with all provisions of the C-O, Commercial Off.ice, Zone. Mr. Mar'tin Kreidt outlined 'the location of subject property~ noting the existing uses and zoning in 'the immediate area. Plans and the file were reviewed b'y the City Council, and the Mayor asked if anyone wished to address 'the Council, Mr, Webb~ 15'70 East 17th Street, Santa Aha, advised that in connection with subject property~ there has been a request by the City for a 10 foot drainage-sewer easement along the southerly boundary which will service the property contiguous to ~ubject property on the east~ being an apartment project planned by S. V. Hunsaker and Son (63-64-47). That he personally procured from Mr. and Mrs. Bruns said easement~ but now finds that the 10 feet have been fenced off and there is an open drainage ditch, which in effect~ fen,:es out the recorded owner and denies him use of his property. He requested that [his matter also be resolved at this time if possi~le~ because he felt 'these elderly people were not aware of the changes made° That the recommendations of the City Planning Commission were in conflict because they approved plans indicating parking on a portion of said easement~ Mr, Maddox~ City Engineez~ explained that there was a 10 foot easement obtaine~ by the 'tract developer for City purposes, and was designed as an open drain, however, he believed that it was now being redesigned as a closed drain to carry t~affic~ so it could be used for parking or for purposes other than building, That it apparently was still under study as he had not seen the final plans, Plot plan and the file were reviewed by the City Council and it was determined that the request of Nrc Webb :ould be handled as departmental and would not affect the deci~ion wi~h regard to the use of the property. The Mayor asked if anyone else wished to address the Council~ 'there being no response declared the hearing closed, RESOLUTION NO. 64R,~10'7: Councilman Dutton offered Resolution No. 64R-107 for adoption~ authorizing the preparation of necessary ordinance changing the zone as requested ~ubject to the recommendations of the City Planning Commission. Refer to Resolution Book, A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMIN- ING THAT ~ITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (63-64-72 - c-o) On roll call the foregoing resolution was duly passed and adopted by the following vo'te: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 64R-107 duly passed and adopted. ADJOURNMENT: Councilman Krein moved to adjourn, Councilman Schutte seconded the motion, MOTION CARRIED. (11:15 SIGNED: DENE M. W!LLiAMS, C!'~Y CLERK Deputy City Clerk