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1971/02/1671-102 CSty Hall~..AnaheSm, California - COII~¢IL MI_lrOTE$ - February 16, !971, 9:00. A..M. The Ci~y Council of the City of Anaheim met in Adjourned Regular Session. PRESENT: ABSENT: PRESENT: COUNCIL~N: Roth, Stephenson, Pebley, Thom and Dutton COUNCII~N: None CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler DEPUTY CITY CLERK: Alona M. Fattens Mayor Dutton called the meeting to order. RECESS - EXECUTIVE SESSION: At the request of the City Manager, Councilman Roth moved to adjourn to Executive Session. Councilman Thom seconded the motion. MOTION CARRIED. (9:02 A.M.). ADJOURNMENT: At the conclusion of Executive Session, and upon return of all Coun- cilmen to the Council Chambers, Councilman Stephenson moved to adjourn. Coun- cilman Thom seconded the motion. MOTION CARRIED. Adjourned: 10:45 A.M. Signed Deputy City Clerk City Hall, Anaheim~ California - COUNCIL MINUTES - February 16, 1971, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRE SENT: ABSENT: PRESENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton COUNCILMEN: None ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Joseph B. Geisler DEPUTY CITY CLERK: Alona M. Farrens CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts ASSOCIATE PLANNER: Don E. Mc Daniel Mayor Dutton called the meeting to order. INVOCATION: Reverend Lowell Linden, of the First Presbyterian Church, gave the Invocation. FLAG SALUTE: Councilman William J. Thom led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATIONS: The following Proclamations were issued by Mayor Dutton and unanimously approved by the City Council: "Engineer's Week" - February 21 to 27, 1971. "LULAC Week" - February 14 through 20, 1971. 71-103 City Hall, Anaheim, California - COUNCIL MINUTES - February 16, 1971~ 1:30 P.M. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen, unless after read- ing of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $708,120.04, in accordance with the 1970-71 Budget, were approved. CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1215: Submitted by Kilroy Industries, to establish a miniature golf course and related clubhouse acti- vities on M-1 zoned property located on the south side of Carpenter Avenue, adjacent to the Riverside Freeway. The City Planning Commission, pursuant to Resolution No. PC70-227, denied said conditional use permit. Appeal from action taken by the City Planning Commission was filed by Kilroy Industries, Applicant, and public hearing scheduled February 9, 1971, at which time it was continued to this date at the request of Coldwell, Banker and Company, Agent for the Applicants, to allow for the presence of a representative of the Applicant. Zoning Supervisor Charles Roberts noted the location of subject pro- perty, the existing uses and zoning in the immediate area, and briefed the evidence submitted to and considered by the City Planning Commission. He fur- ther noted that the City Planning Commission denied subject application on the basis that there has been no change in land use policy for industrial areas; that allowing such a use could have a detrimental effect on future development of this industrial area; an undesirable precedent would be estab- lished; the proposed use is more an amusement center than recreation facil- ities; and that the proposed use would be oriented to serve other than the industrial uses in the area. Mayor Dutton asked if the Applicant or his Agent was present and wished to address the City Council. David Quisling of W.H. Daum and Staff, Newport Beach, representing Ben D. Kenney, Developer, referred to photographs of existing golf courses developed by Ben D. Kenney, supporting letters from property owners in subject area, and plans previously submitted, and declared that the sandy soil in subject area was well suited for a golf course. He added that he believed the proposed approximately 6-acre golf course activity would have a beneficial effect on subject industrial area, similar to that Anaheim Lake has had on its surrounding area. Mr. Quisling showed slides of existing golf courses owned by the Developer and advised that in his conversations with industrial people in subject area he had heard nothing derogatory about the proposed development. In answer to Council questioning, Mr. Quisling advised that, al- though they had no written approval of subject proposal from Autonetics, which has substantial facilities in the area, he had been told by their rep- resentative that Autonetics ~ould inform the City Planning Commission they have no objection. He also stated that if this proposal is approved~ Kilroy Industries intends to sell subject property, rather than retain ownership. With regard to development of the golf course, Mr. Quisling advised that this was intended to be a permanent use of the land, and not an interim use, that there would be four separate courses, the entire acreage would be landscaped immediately, and 36 holes constructed with the second 36 holes to be constructed when the demand is sufficient. He further stated that the heaviest use of the proposed golf course would be early evening to 1:00 A.M. during the summer, holidays and midnight at other times, thus, 70% to 75% of the traffic generated by this activity 71- 104 City Hall, Anaheim, California- COUNCIL MINUTES- February 16, 1971, 1:30 P.M. would be after 6:30 P.M. and on weekends and holidays and would not interfere with the industrial traffic. He added that the course would be used mostly by senior citizens and youth groups during daytime hours . Ben D. Kenney,Developer, advised that subject site had been chosen because of the easy access and visibility from the Riverside Freeway. He further stated that the proposed golf course would provide entertainment for an entire family, including a well-lighted and supervised facility for youth groups. In reply to Councilman Thom, Mr. Kenney verified that the greatest use of the proposed golf course activity would be after 6:00 P.M., although in his opinion, the evening use probably would be much more than 75%, as had been stated by Mr. Quisling. He added that daytime use of the golf course would consist mainly of maintenance. With regard to senior citizens, Mr. Kenney advised that, although they would be welcomed during evening hours, especially during the winter, they usually preferred to use the.course during the daytime. John Kilroy, President of Kilroy Industries, advised the~ own in excess of 1,200,000-square feet of floor space, and over 120 acres of ground of the North American Aviation complex (Autonetics), which presently is in transition. He stated that five of their buildings, with a total of 700,000- square feet and backing up to the Freeway, presently are leased by Autonetics; however, they are terminating the leases on three of these buildings at Kraemer Boulevard and Anaheim Road, with a total of approximately 440,000-square feet. With the aid of a map on the wall, Mr. Kilroy indicated the property owned by his company and advised that North American-Rockwell presently still has a lease on an engineering-type building of 108,000-square feet, and a 150,000-square foot manufacturing warehouse facility. He also advised that three other industrial buildings in the area and backing up to the Freeway are owned by Mr. Levinson, one of which pres- ently occupied by Autonetics is being vacated. Mr. Kilroy stated that, due to the changes in the area, it is now desired to remove the effect that it is a North American-Rockwell complex. He further advised that his company has placed restrictions on the developer of the proposed golf course that the maximum of buildings allowed in total square-footage will be lO,O00-square feet, and that setbacks and parking are to be according to the Code; thus, if a setback waiver is listed as a request on said application, it is in error. Mr. Roberts advised that setback waiver no longer is required, since revised plans have been submitted. Mr. Kilroy stated that, since his company owned 1,125,000-square feet of space in subject area they were concerned about development~of any part of it; also, although North American-Rockwell still is a dominant tenant, the landowners are inviting other industries in and feel the proposed golf course not only will provide a green belt-area there, but also will attract other industries. In reply to Councilman Roth's query about a traffic or parking prob- lem created by automobiles going from La Palma Avenue into Shepard Street and then into the cul'de-sac Carpenter Avenue, Mr. Kilroy stated there are no easememts granted to the property on the east, and although North American- Rockwell has been using Carpenter Avenue and Shepard Street in their operations, they probably would now have to rer~nte their traffic. Councilman Stephenson noted that at the time subject industrial zone was set up there was a decision not to allow other types of business in the tract. He questioned whether a precedent would be set by now allowing subject use in the area. 71-105 City Hall, Anaheim, California - COUNCIL MINUTES - February 16, 1971, 1:30 P.M Mr. Kilroy answered that North American-Rockwell's golf course was available for use by any of their employees from all over the country, to which he had no objection; thus, he felt other industries in the area also should be allowed a recreational facility. Curtis Young, Coldwell, Banker and Company, Santa Aha, Agent, poin- ted out which of the approximately 3,330,000-square feet of space occupied by Autonetics (which is about equally owned by Kilroy Industries and Leven- son) is being leased by Autonetics. He stated that in the past,recreational facilities such as the proposed golf course have been an advantage in attract- ing industries to the area, which, in this case, also would help to improve the economic climate of Anaheim. Mayor Dutton asked if anyone wished to address the Council in op- position. Dick Lytle, Public Relations Manager of North American-Rockwell Electronics Group, advised that North American-Rockwell opposes subject ap- plication on the basis that it should be considered more an amusement park than a golf course, and that the proposed use is incompatible with both the short and long-range planning and usage of the area. He further advised that North American-Rockwell had, in the past, purchased property in the area in an effort to prevent any activity such as is proposed. Mr. Lytle summed up his remarks by stating that, although North American-Rockwell is not interested in creating an "Industrial Bel Air of Anaheim," they also did not want the area to become an "Industrial Boyle Heights." Mayor Dutton invited the Applicant to again address the Council. Mr. Quisling reiterated that at the time he had talked with North American-Rockwell representatives they had expressed no opposition to the proposed activity. It was determined sufficient evidence had been presented, md Mayor Dutton declared the hearing closed. Councilman Thom stated he believed a commercial activity, such as proposed, would not have a detrimental effect on an industrial area, as would be the case if a residential use was permitted. Also, he believed other points to be considered are the fact that other industrialists in the area had expressed approval of the proposed activity and that Anaheim Lake and North American-Rockwell's private golf course are in the same general area. Councilman Pebley expressed the opinion that since this proposed use would be a recreational use and most of the activity would take place after 6:00 P.M., on weekends and holidays, it would not thus interfere with the industrial uses. Also, since Anaheim Lake activities are in the area, and Autonettcs has its own private golf course, granting the conditional use permit would not be setting a precedent. Councilman Roth stated he believed if the proposed use would make the industrial area more attractive to potential tenants, the application should be approved. Councilman Pebley advised he did not believe Mr. Kilroy, who owns more land in the area, or Mr. George Pa~e,one of the other large land owners, would be in favor of the proposed use if it would in any way prevent poten-' tial development of their properties. Councilman Stephenson stated he believed the proposed activity would be an asset to the area, not only in making it more attractive to other industries, but also in preserving a green-belt area next to the Freeway, and if it would not set a precedent so that some other business applications could not be denied for that industrial area he would be in favor of approving the request. 71-106 City Hall, Anaheim, California- COUNCIL MINUTES- February 16, 1971, 1:30 P.M. Councilman Dutton stated his major concern also had been the setting of a precedent. However, he advised he believed landscaping is an important part of an industrial park, and it was his opinion the proposed golf course would make the area more attractive, as had been the case with Anaheim Lake. RESOLUTION NO. 71R-65: Councilman Thom expressed the opinion subject golf course activity would aid in attracting other industry to the area, and therefore of- fered Resolution No. 71R-65 for adoption, granting Conditional Use Permit as requested, ~subject to the following conditions: 1. That the driveways shall be installed along Carpenter Avenue as required by the City Engineer and in accordance with standard plans and speci- fications on file in the office of the City Engineer. 2. That street lighting facilities along Carpenter Avenue shall be in- stalled as required by the Director of Public Utilities and in accordance with standard plans and specifications on file in the office of the Director of Pub- lic Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements. 3. That trash storage areas shall be provided in accordance with ap- proved plans on file with the office of the Director of Public Works. 4. That fire hydrants shall be installed as required and.determined to be necessary by the Chief of the Fire Department. 5. That subject property shall be served by underground utilities. 6. Drainage from subject parcel shall be disposed of in a manner satisfactory to the City Engineer. 7. Any lighting of subject property shall be oriented in such a way as not to interfere with traffic on the Riverside Freeway and shall be approved by the State Division of Highways. 8. That all air-conditioning facilities shall be properly shielded from view. 9. That subject property shall be developed substantially in accord- ance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, (Revision No. 1), 3 and 4. 10. That Condition Nos. 1 and 2, above mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from the date hereof, whichever occurs first, or such further time as the City Council may grant. 11. That Condition Nos. 3, 4, 5, 6, 7, 8, and 9, above mentioned, shall be complied with prior to final building and zoning inspections. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1215. Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 71R-65 duly passed and adopted. CONTINUED PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 122: Proposing increases in residential densities in an area bounded on the west by Imperial ~ighway, on the north by Esperanza Road, on the south by Santa Aha Canyon Road, and on the east to approximately the extension of Weir Canyon Road. The City Planning Commission, pursuant to ResolutiOn No. PC70-185, reaffirmed its position that the Santa Aha Canyon area should develop as a Iow- density residential community, and recommended Exhibit "A" of General Plan Amendment No. 122 be approved as amended. 71-107 City Hall, Anaheim, California - COUNCIL MINUTES - February 16, 1971, 1:30 P.M. Public hearing was held November 17, 1970, and continued to this date to allow for receipt of report from the Army Corps of Engineers, rela- tive to flood hazards in the Canyon area. It was noted that Resolutions of Intent to zone R~2-5,000 had been adopted on the greater portion of the area north of the Santa Ana River, (Re- classifications 69-70-25 and 70-71-25), however, said land use is not reflec- ted on the General Plan; that the area south of the Freeway is presently in- dicated on the General Plan as low-density. Associate Planner Don McDaniel referred to the findings of the Army Corps of Engineers (copies having been furnished each Councilman), indicating that the improved Santa Aha River Channel will carry the 100-year frequency flood without overflowing onto the property in question. Further, specific information on the standard-project flood, or 300-year flood, will be avail- able in the Corps' proposed Flood Plain Information Report on the Santa Ana River which is expected to be published in the fall of 1971. In answer to Council questioning, Mr. M~Daniel reported that the extension of Fairmont Boulevard is not shown on area exhibits because of the recent proposed amendment to the County Master Plan to indicate the realign- ment of Fairmont Boulevard, extending from Esperanza Road through to the Ri- ver, crossing the River and Freeway and tying in at a point, easterly of Walnut Canyon Road in the vicinity of existing commercial development. Mr. McDaniel explained the exhibits posted on the east wall of the Council Chambers as follows: Exhibit "A" - Designating the area north of the Freeway as being appropriate for low-density residential, with the south side remaining low- density as is currently shown on the General Plan. (Recommended by the City Planning Commission.) Exhibit "B" - Designating the entire study area as low-medium-den- sity residential (this density would include R-2-5,000 and mobile home parks). Exhibit "C" - Indicating the area north of the River as being ap- propriate for low-medium-density residential and retaining the area south of the River as low-density residential. Exhibit "D" - Illustrates the Flood Plain area. The Mayor asked if anyone wished to address the Council. Mr. Bob McQueen, 4831 McKinnon Drive, advised that in view of the recent Council action indicating R-2-5,000 north of the River, and the actions of the Planning Commission with reference to various developments south of the River, he felt Exhibit "C" would offer the most ideal development through the Canyon. Mr. Ernest Danker, 5132 South Ohio, Yorba Linda, advised that as soon as the State started obtaining right-of-way in the area for the new Free- way, he received many inquiries for the use of his property~ all indicating the site as being ideal for a mobile home park and he has an agreement to pur- chase from American Mobile Home Corporation. He was of the opinion that a mobile home park would not adversely affect the low-density property because in some areas his property is more than 30 feet below the grade of the old Riverside Freeway. Further, that in 1968-69 he was approached by the City, requesting a sewer easement through his property on the south side of the present Freeway, which he executed, said easement being another reason why the property has been termed so suitable for mobile homes. Mr. James Liberio, office address 1720 West La Palma Avenue, owner of property on the south side of the River, north of Santa Ana Canyon Road, was of the opinion the entire study area should be maintained as low-medium density, and favored Exhibit "B", in view of recent actions by the County ap~ proving zoning allowing mobile home parks for the area south of the Riverside Freeway. 71- 108 City Hall, Anaheim, California - COUNCIL MINUTES - February 16, 1971, 1:30 P.M. Mr. Liberio further requested that in studying the Canyon Area, con- sideration also be given to planned developments in the area because of the ap- parent demand as indicated by interested developers and the desire to retain green areas as a result of the Scenic Corridor Overlay proposal. Mr. Danker invited the Council to visit his property at any time to view the area and was of the opinion single-family homes would be undesir- able for any portion of his property, because of the traffic noises emanating from the Freeway. Mr. Frank Minissale, 20932 Santa Aha Canyon Road, at the southwest corner of Mohler Drive and Santa Aha Canyon Road, advised his property is 16- feet to 18-feet higher in elevation than Mr. Danker's property directly across the street, and because of this and the attractive planting of trees the existing orange grove cannot be seen from his home, and he 'expressed the opinion that an attractive mobile home park on said property would not be de- trimental to the area and would not place as great a burden on the schools as would single-family developments. The Mayor asked if anyone else wished to address the Council; there being no response, declared the hearing closed. RESOLUTION: Councilman Thom was of the opinion Exhibit "C" was the most lo- gical guide for development, based on the opinions expressed by the commun- ity, the continued reaffirmation by the Council as to their position on low- density, and the Resolutions of Intent to zone R-2-5,000 north of the River, and thereupon offered a Resolution approving General Plan Amendment No. 122, Exhibit "C", designating the area north of the Santa Aha River as'being ap- propriate for low-medium-density residential, and the area south of the Santa Ana River as low-density residential. Discussion was held by the City Council,and Councilman Stephenson expressed the opinion that a precedent had been set by the Council for the area by zoning the properties under Reclassifications 69-70-25 and 70-71-25 R-2-5,000. Councilman Roth felt that action by the Orange County Planning Com- mission this date on County Use Permit No. 3121 for the establishment of a mobile home park on the Danker property should also be considered in connec- tion with subject proposed General Plan Amendment. At the conclusion of Council discussion, Councilman Thom withdrew his offer of the foregoing Resolution. Councilman Pebley moved to continue the decision on General Plan Amendment No. 122 to February 23, 1971, 1:30 P.M., for receipt of action by the Orange County Planning Commission relative to the establishment of a 347- space mobile home park on the Danker property, opposite Mohler Drive. Coun- cilman Stephenson seconded the motion.. MOTION CARRIED. PUBLIC HEARING-ABANDONMENT NO. 70-7A: Public hearing was held on proposed aban- donment of an existing 7-foot utility easement, 3-foot ground and 2-foot over- hang on each side, requested by Joe L. Lane; property located at the north side of Orangethorpe Avenue, east of Lemon Street, pursuant to Resolution No. 71R-36, duly published in the Anaheim Bulletin, and notices thereof posted in accordance with law. Report of the City Engineer was submitted, recommending approval. Mayor Dutton asked if anyone wished to address the City Council; there being no response, declared the hearing closed. RESOLUTION NO. 71R-66: Councilman Stephenson offered Resolution No. 71R-66 for adoption, approving Abandonment No. 70-7A, as recommended by the City En- gineer. Refer to Resolution Book. 71-109 City Hall., Anaheim, California - COUNCIL MINUTES · February 16, 1971, 1;30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF THAT PORTION OF CERTAIN REAL PROPERTY DESCRIBED HEREIN. (No. 70-7A - North Of Orangethorpe Avenue, east of Lemon Street) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 71R-66 duly passed and adopted. CONTINUED APPLICATION - CABLE TELEVISION: Presentation and request of Theta Cable of California for a CATV System in Anaheim was submitted to the City Council at the meeting of December 15, 1970, at which time further discussion was continued to January 19, 1971 for development of specifications by the City Manager. On January 19, 1971, said application was continued to this date, to allow additional time for preparation of material. Assistant City Manager Robert M. Davis reported that a committee consisting of several City of Anaheim Department Heads, the City Manager's Staff, and representation from the Anaheim Elementary School District has met several times and has prepared a draft of an ordinance covering Cable Television, which is now is in the process of being revised. He advised that the committee has suggested that after a copy of the proposed ordinance has been submitted to the Council, public hearing on the franchise be sche- duled, at which time basic and technical specifications would be submitted to all parties who have expressed an interest in applying for a Cable Tele- vision franchise. It was further suggested interested companies would be re- quested to submit proposals, after which interviews would be held, and then the Staff would recommend two or three firms to the Council for their consi- deration. Councilman Dutton asked if the original applicant, Theta Cable, in- tended to use local products in their system if they were awarded a franchise. Don Canfield, of Theta Cable, replied that where the local product met specifications and prices were competitive on a needed item, their com- pany would use the local product. Mr. Davis asked if the Council wanted a preliminary hearing, prior to submission to them of reconunended specifications. The Council agreed no preliminary hearing was necessary. On motion by Councilman Pebley, seconded by Councilman Stephenson, subject item was taken off the Agenda, to be rescheduled by the City Manager when basic and technical specifications have been submitted to the City Coun- cil, along with a draft of the proposed ordinance on Cable Television. RECESS: Councilman Pebley moved for a 5-minute Recess. Councilman Thom seconded the motion. I~OTION CARRIED. (3:20 P.M.). AFTER RECESS: Mayor Dutton called the meeting to order, all members of the City Council being present. (3:35 P.M.). CONDITIONAL USE FERMIT NO...1157 - R~I~q~ Request of Jerry D. Nilsson, M.D., Agent, was submitted f~r a rehearing on Conditional Use Pe~t ~. 11~7, (denled by lesoluti~ ~. ~-31~; r~earl~ reques~ denled Nov~er 10, 1970), to build an a~e ~spt~al ~ ~~ B~l~ard, near ~11 in conjunction ~h a ~bed co~aleec~ ho~i~al, ~ ~h~ baets ~hat subs~ial ~ges h~e been ~de tn that~ ~he proposed hospital ~uld be llce~ed and con~rolled by physict~s'~erat~n~ ~n ~he ~e~ cal C~i~, ~d "~he ho~t~al ~uld b~ directed ~ard tr~a~nt, reduc~ coeds, of radlcal ~ncer surgery, ch~h~r~y ~th profusion and trea~m~ ~ ~tiflctal hlp r~lac~, ~d trea~ ~th high- ener~ rad~l~ ~d radto~ttve isot~es ~ich are not presently avail- able tn the ~tnt~ hoepttals." 71-110 City Hall, Anaheim, California - COUNGIL .wr~RK~ES - February 16, 1971, 1;30 P,M, Councilman Dutton stated that if a rehearing is granted it would have to be soon since the Applicants must begin construction on the proposed hospital by July 1, 1971, if it is approved. City Attorney Joseph Geisler advised that a rehearing may be granted if the City Council feels the additional information submitted is sufficiently new and different to possible affect their decision. He added that if the Ap- plicant has paid the required $50.00 fee for a rehearing, and submitted the information to the City Clerk, a date for a rehearing could be set immediately. cil. Mayor Dutton invited the Applicant or his Agent to address the Coun- · Jerry D. Nilsson, M.D., 1720 West Ball Road, Agent, advised that he had been a surgeon in Anaheim for approximately 8 or 9 years. He stated that he had approached the Applicant, Dr. Irving Moskowitz, and asked if he would be interested in utilizing his proposed hospital facility as a special services hospital, rather than an acute hospital, as originally planned, since he had found the facilities available today in the local hospitals were not adequate to treat the cancer problems he had been encountering, forcing his patients to either go to the City of Hope, Sloane-Kettering Institute, or New York Me- morial Hospital. He further stated he believed the Anaheim physicians and sur- geons were trained to treat such patients but could not do so because local facilities are five to ten years behind the times in supplying th~ necessary equipment. Dr. Nilsson cited as an example the fact that local physicians presently must take tremendous risks in a common-type neck and head surgery because the local hospitals do not have the special equipment needed~and seemed to be hesitant to buy it because it is expensive. He added that post-operative care administered by the nurses after such neck and head surgery is of ques- tionable quality because they need the special training required for it. Con- sequently, he stated, local physicians cannot practice the more advanced pro- cedures. Dr. Nilsson also stated that there probably are several thousand Orange County arthritic patients bedridden at this time because local hospi- tals have not been willing to install the expensive equipment necessary in connection with hip-replacement surgery. He added that infection from such surgery, which causes these patients to become bedridden, could be reduced from 9% or 10% down.to well below .1% with the necessary special equipment, thus making this type of surgery feasible. Dr. Nilsson went on to state that the economic value to a hospital is negligible when patients must, by necessity, be hospitalized over a long period of time, as happens with many patients with radical cancer. He cited an example of a recent cancer patient in Anaheim Memorial Hospital for five weeks, whose bill was in excess of $10,000.00. He stated such patients today are not able to receive the full benefit of madical technology in this County, usually camnot afford the lengthy hospitalized treatment, and are betting their life on such a situation. At present, if these patients are not willing to ac- cept such a situation, they must go out of Anaheim for treatment. Dr. Nilsson presented to the City Council a Petition purportedly signed by 45 physicians practicing in the City of Anaheim, supporting the pro- posed new hospital facility on the basis that "We feel there is an acute and urgent need in this c~nity for a special service hospital directed speci- fically at the care and treatment of diseases requiring prolomge4 hospitaliza- tion and specific surgical, medical, and nursing care.--a. Cancer: We have no facility to accurately utilize the newest methods of treatment, b. Ortho- pedics: We are lacking in a satisfactory operating room with a lam~ner flow device protecting the patient fr~m infection and permitting safe surgical re- placement of the hip Joint." He added that the medical develo~nent company of which the Appli- cant, Dr. Moskowitz, is president, has pro~aed to provide the special equip- ment needed for the proposed hospital factlt-y. Mr. Geisler advised th~ ~ost of ~he 'information Dr. Ntllson had been presenting should be presented &C the.public hearing, if a rehearing is granted, and any further co~mnts on the evidence ~hat would be presented at such a pub- lic hearing probably would be ou~ of Order at this trine. 71-111 City Hall, Anaheim, California - COUNCIL MINUTES - February 16, 1971, 1:30 P.M Councilman Pebley expressed the opinion the request submitted by Dr. Nilsson was completely new and different from the original appli- cation. On motion by Councilman Roth, seconded by Councilman Dutton, a' rehearing on Conditional Use Permit No. 1157 was set for March 2, 1971, 1:30 P.M., subject to payment of the required rehearing fee. MOTION CARRIED. TENTATIVE MAP, TRACT NO. 5019 (68-69-37(3) EXTENSION OF TIME: Request of W.E. Kuyper, dated 3anuary 10, 1971, was submitted for a one-year extension of time to Tentative Map, Tract No. 5019, together with reports of the City Engineer and Development Services Department recon~nending a one-year exten- sion of time be granted. On motion by Councilman Dutton, seconded by Councilman Stephen- son, a one-year extension of time for Tentative Map, Tract No. 5019 was granted. MOTION CARRIED. PUBLIC DANCE PERMIT: Application filed by Joe V. Martin, on behalf of Latin Ex- press, for permit to conduct public dance February 20, 1971, at Carpenter's Hall, 608 West Vermont Avenue, from 9:00 P.M. to 1:30 A.M., was submitted and granted subject to provisions of Chapter 4.16 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Ste- phenson, seconded by Councilman Thom. MOTION CARRIED. PRIVATE PATROL PERMIT: Application for private patrol permit submitted by Ro- bert S. Henderson, Orange County Private Patrol, 1829 West Neighbors, #1, to provide standing guard and patrol car service in the City of Anaheim was granted, subject to provisions of Chapter 4.60 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Thom, seconded by Councilman Stephenson. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS~ Actions taken by the City Planning Co~ission at their meeting held January 25, 1971, pertaining to the following appli- cations were submitted for City Council information and consideration: CONDITIONAL USE PERMIT NO, 1101: Submitted by Harry F. Deardorff, Arevalo & Deardorff,. Inc., requesting approval of revised plans for Conditional Use Permit No. 1101, which was approved to permit the establishment of a hotel and restaurant complex on C-R zoned property located at the southwest corner of Convention Way and Harbor Boulevard. The City Planning Commission, by Motion, approved revised plans, Exhibits Nos. 1, 2, 3, and 4, Revision No. 1. CONDITIONAL USE PERMIT NO, 1130: Submitted by T. Eugene Dahlgren, Martin Luther Hospital, requesting a six-month extension of time to expand the existing Martin Luther Hospital complex, located on the south side of Rom- neya Drive, west of Euclid Street. The City Planning Co~ission,'by Motion, granted a six-month exten- sion of time to said conditional use permit,, to expire July 21, 1971. CONDITIONAL USE PERMIT NO, 1178: Submitted by Adrien V. Lorentz, Lorentz and Harvey, requesting termination of Conditional Use Permit No. 1178, which proposed an automobile and truck overhauling, painting, mechanical, body and fender repair 'facility on the w~st side of Miller Street, north of Mtraloma Avenue. The City Planning Commission, pursuant to Resolution No. PCTI-ll, terminated all proceedings on said conditional use permit. T~e foregoing actions were reviewed by the City Council, and no further action taken. LINCOLN-MONTERE~ ~TION (II~ABI~D); Report of the City Planning Commission, recoam~ndin~ that the Lincoln-Monterey Ann~t~n appearmi to be-a logical extension of the City of A~sheim boundaries was received and filed. RESOLUTIO~NO, 71R-67; Council~n Thom'otf~red R~soluttonNo. 71R-67 f~r adoption. Refer to Resolution Book. 71-112 City Hall, Anaheim, California - COUNCIL MI~S - February 16, 1971, 1:30 P.M; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS IN CONNECTION WITM THE LINCOLN-MONTEREY ANNEXA- TION. ( lqgMAB ITED) Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: AB SENT: COUNCILI~N: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 71R-67 duly passed and adopted. SCENIC CORRIDOR OVERLAY ZONE - PUBLIC H~ARING: On motion by Councilman Thom, se- conded by Councilman Roth, public hearing on the proposed Scenic Corridor Over- lay Zone was set for March 30, 1971, 1:30 P.M. MOTION CARRIED. HUNTINGTON BEACH - ROUTE 39 FREEWAY - FOBLIC }~ARING: On motion by Councilman Roth, seconded by Councilman Thom, public hearing on the proposed Huntington Beach- Route 39 Freeway was set for March 30, 1971, 7:30 P.M., in the Council Chambers. MOTION CARRIED. ACCESS ROAD - TRACT NO. 5083 (WASATCH .~IVE): Request of Carmen Buskirk, on behalf of the Santa Aha Canyon Home Improvement Association Planning Commission, that the Agenda item on closing of the access road into Tract No..5083, near the inter- section of Taylor Street and Santa Ana Canyon Road, scheduled for February 23, 1971, at 1:30 P.M., be the subject of an evening meeting was submitted to the Council. Following discussion, the Council, by general consent, agreed subject should remain on the February 23, 1971, 1:30 P.M. Council Agenda. CHANGE ORDER NO. 1 - WORK ORDER NO. 601-B: On report and rec~ndation of the City Engineer, Councilman Stephenson~ved that Change Order No. 1, Work Order No. 601-B, consisting of removing additional thickness of pavement and filling in with imported borrow in the additional amount of $3,517.71 be authorized. (Crow- ther Avenue Street Improvement.) MOTION CARRIED. PUBLIC IMPROVEMENT PROJECTS - FINAL ACCEpTAnCE: Upon receipt of certification from the Director of Public Works, Councilman Pebley offered Resolution Nos. 71R-68 to 71R-70, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 71R-68: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANA- HElM FINALLY ACCEPTING THE COMPLgTION AND THE FURNISHING OF ALL PLANT,. LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPC~ION INCLUD- ING POWER, FUEL AND WATER, AND THE PE~F(H~E OF A'LT. ~ ~'~SS~Y TO CON- STRUCT AND COMPLETE THE FOLLO~ PUBLIC IMPROVEMENT, TO WIT: TME ORANGEWOOD AVENUE STREET IMPROVEMENT, FROM APPKOXIMATELY 135 FEET EAST OF SPINNAKER STREET TO SPINNAKER STREET, IN Tff~ CITY OF ANAHEIM, WOrK OILDER NO. 559. (Sully- Miller Contracting Company) RESOLt~]:ON. ,,,,NO, ~'la""?O: k P, ESOI,IFI'I(~ Oat..'J]l~ CrlT C(:RINCT~. OF THE CZTT OF ANA- F'J:NaLLY kcc'm.r'n~ ~ C~:.agl~ ~ }'1)~l,Sa,Tllg OF ,aLt, PlaNT, ~, NO. 601-B. (E.L. White Co~,, ~.) 71-113 City Hall, Anaheim, California- COUNCIL MINUTES- February 16, 1971, 1:30 P,M. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: AB SENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution Nos. 71R-68 to 71R-70, both inclu- sive, duly passed and adopted. WORK ORDER NO. 632 - CALL FOR BIDS: On recorxaendation of the Assistant City Manager, a resolution calling for bids on Work Order No. 632 (Golf Course Storage Building Addition) was deferred to a later date, to be rescheduled by the City Engineer. WORK ORDER NO. 681 - AWARD OF CONTRACT: On reco~nendatton of the Assistant City Manager, Councilman Roth moved award of contract on Work Order No. 681 (Schweitzer Park Pedestrian Bridge Across Carbon Creek Channel) be deferred to February 23, 1971, 1:30 P.M., to provide ~tme for resolution of the ne- cessary financing of the project. Councilman Stephenson seconded the mo- tion. MOTION CARRIED. RESOLUTION NO. 71R-71 - KERSTENWELL: Councilman Roth offered Resolution No. 71R-71 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT PERTAINING TO THE "KERSTEN WELL." (75 cents per acre feet - Adjacent to Municipal Golf Course) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: AB SENT: C OUNC ILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 71R-71 duly passed and adopted. PURCHASE OF EQUIPMENT - STATION WAGONS: The Assistant City Manager reported on informal bids received for the purchase of two Station Wagons, as follows: VENDOR TOTAL AMOUNT, INCLUDING TAX McPeek PlYmouth, Anaheim ................ $7,161.42 Guardian Chevrolet, Brea ................. 7,501.44 Anaheim Dodge, Anaheim ......... 7,594.78 McCoy Ford, Anaheim ............... 7,923.44 On recor~endation of the Assistant City Manager, Councilman Thom moved that the low bid of McPeek Plymouth be accepted and purchase author- ized in the amount of $7,161.42, including tax. Councilman Pebley seconded the motion. MOTION CARRIED. PURCHASE OF EQUIPMENT - 10 POLICE UNITS: The Assistant City Manager reported on informal bids received for the purchase of 10 Black and White Police Units, with trade-in~ as follo%r~: TOTAL AI~OUNT, INCLUDING TAX McPeek Plymouth, Anaheim ................ $26,875.40 Anaheim Dodge, Anaheim ................. 28,923.42 Guardian Chevrolet, Brea - 30,245.35 McCoy Ford, Anaheim 30,950.35 On reco~aendatton of the Assistant City Manager, Councilman Ste- phenson moved the lov bid of M~Peek Plymouth be accepted and purchase au- thorized in the amount of $26,875.40; includi~ tax, and trade-in. Coun- cilman Thom seconded the z~o~ion. ~0TIONCARRr~.D. 71-114 City Hall, Anaheim, California - COUNCIL MINUTES - February 16, 1971, 1:30 P.M. PURCHASE OF EQUIPMENT - INTERMEDIATE SEDANS: The Assistant C~ty Manager reported on informal bids received for the purchase of 10 Intermediate Sedans, as fol- lows: VENDOR TOTAL AMOUNT, INCLUDING TAX McPeek Plymouth, Anaheim .............. $25,725.00 Anaheim Dodge, Anaheim ................. 29,636.71 McCoy Ford, Anaheim ................ 30,171.60 Guardian Chevrolet, Brea ................ 30,374.31 On recormnendation of the Assistant City Manager, Councilman Stephen- son moved the low bid of McPeek Plymouth be accepted and purchase authorized in the amount of $25,725.00, including tax. Councilman Pebley seconded the motion. MOTION CARRIED. PURCHASE OF EQUIPMENT - FOUR-DOOR SED~NS: The Assistant City Manager reported on informal bi~s received for the purchase of 2 Four-Door Sedans, as follows: VENDOR TOTAL AMOUNT, INCLUDING TAX McPeek Plymouth, Anaheim ............... $6,524.39 McCoy Ford, Anaheim .............. 9,984.90 Guardian Chevrolet, Brea ................ 10,223.55 Anaheim Dodge, Anaheim ................. 10,277.38 On reco~endation of the Assistant City Manager, Councilman Stephen- son moved the low bid of McPeek Plymouth be accepted and purchase authorized in the amount of $6,524.39, including tax. Councilman Thom seconded the mo- tion. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Thom, seconded by Councilman Pebley: a. City of Stanton - Resolution No. 957 - Requesting enactment of appropriate legislation on regulating the maintenance and storage of danger- ous drugs and narcotics. b. City of Fortrans - Resolution No. 71-10 - Opposimg the rate in- crease of Southern California Edison Company, and urging that all cities af- fected by this requested increase in rate do likewise. c. City of San Marco - Resolution No. 10 (1971) - Memorializes California Legislature to prepare and submit to the voters an amendment to the Constitution of the State of California which will per~zlt and provide a procedure for the establishing of a different assigr~mnt ratio for single- family dwellings. d. City of Tustin - Resolution No. 71-6 - Urging the Boardof Su- pervisors of the County of Orange to follow and {mplememt the recommendations of the 1970 Orange County Grand Jury report regarding assigmment of Marshal's functions to the Sheriff. e. City of Newport Beach - October, 1970, position statement of Newport Beach City Council regarding the Phase II Orange County Air Trans- portation Plan. f. Cultural Arts Co~m~ission - Minutes - January 7, 1971. g. Annual Report 1969-70 - Anaheim Public Library. MOTION CARRIED. ORDLNA~CE NO. 290?: Councilman Thom offered Ordinance No. 2907 for adoption. Refer to Ordinance Book. AN ORDINANCE OF TR~CTTY OF ANAItglMAi~NDIlql TITLE 6, CRAFI'ER &.16 OF Tt~ ANAIiEIMI~J1TiCIPALCODE, RELATI/qGTO DIRT, RUBBISH, WKEDS AND RANK(I~OWTH. Roll Call Vote: 71-115 City Hall, Anaheim, California - CO~IL MINUTES - February 16, 1971, 1:30 P.M. AYES: COUNCIL~N: Roth, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCIL~N: None The Mayor declared Ordinance No. 2907 duly passed .and adopted. ORDINANCE NO. 2908: Councilman Stephenson offered Ordinance No. 2908 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM t~/NICIPAL CODE RELATING TO ZONING. (61-62-30 - C-I) Roll Call Vote: AYE S: COUNCILI~N: NOES: COUNCILt~N: ABSENT: COUNCIL~N: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 2908 duly passed and adopted. ORDINANCE NO. 2910: Councilman Roth Offered Ordinance No. 2910 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF TH~ ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-26 - R-A) ORDINANCE NO. 2911: Councilman Dutton offered Ordinance No. 2911 for first read- ing. AN ORDINANCE OF THE CITY OF ANA~RIMAMENDING TITLE 18 OF THE ANAHEIM ~NICIPAL CODE RELATING TO ZONING. (68-69-6(1) - R-3) ALCOHOLIC BEVERAGE LICENSE APPLICATION: Application submitted by David G. Nan- carrow, Robert Mooney and Margaret Monaghan, for New On-Sale Beer and Wine License for Carrows Hickory Chip Restaurant, 100 North State College Boule- vard, Anaheim, was presented by the Assistant City Manager to the City Coun- cil for their-information. On motion by Councilman Dutton, seconded by Councilman Stephenson, the City Attorney was authorized to file conditional protest with the Alco- holic Beverage Control Board against said application, on the basis that the premises presently are located in the C-1 zone, which does not permit the on- sale of alcoholic beverages without a conditional use permit. MOTION CARRIED. U.S. CONFERENCE OF MAYORS: The Assistant City Manager informed the City Council that the U.S. Conference of Mayors has been set for June 12-16, 1971, in Philadelphia. CONGRESSIONAL - CITY CONFERENCE~ The Assistant City Manager advised that the 1971 Con~ressional-City Conference, a meeting of U.S. Conference of Mayors and National League of Cities vith Congresmnen, is schedeled for March 21-23, in Washington, D.C. Mayor D~tton and Councilman Stephenson indicated they will attend this meeting. ~0~VEI~ION CE1T~ ~ANSION = nm~H_O~__~UP_A~CY ?A~I Referrt~ ~o the Joint meeting of the Ci~y ~il ~Ch t~~U ~er ~hori~y and ~e~Union High S~l ~strict ~d[~f~a~, ~, F~b~u~ 15, 1971, at 7:30 P.M., in ~e ~ti~ ~, ~i~~ offered a ~i~ to instruct the scarf to prepare a r~C ~ r~a~t~ regardi~ ~e possibility of in~easi~ ~e R~ ~ ~r~e ~ 51 Co 61. ~uncilm~ RoCh 71-116 City Hall, Anaheim, Californi& - COUNC~M!~_NDT~S - February 16, 1971, 1:30 P,M. ADJOURNMENT: Councilman Roth moved to adjourn to 7:30 P.M. Councilman Thom sec- onded the motion. MOTION CARRIED. Adjourned: 4:20 P.M. Signed Deputy City Clerk City Hall, Anaheim, California - COUNCIL MINUTES - February 16, 1971, 7:30 P.M. The City Council of the City of Anaheim met in Adjourned Regular Session with the City Planning Commission. PRESENT: ABSENT: PRE SENT: ABSENT: PRE SENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton COUNCILMEN: None COMMISSIONERS: Seymour, Kaywood, Rowland, Allred, Gauer and Farano COMMISSIONER: Herbst CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler ASSISTANT CITY ATTORNEY: John Dawson DEPUTY CITY CLERK: Aloha M. Farrens DIRECTOR OF PUBLIC WORKS: Thornton E. Piersall DIRECTOR OF DEVELOPMENT SERVICES: Alan Orsborn ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts ASSOCIATE PLANNER: Don E. McDaniel Mayor Dutton called the meeting to order. SCENIC CORRIDOR OVERLAY ZONE: Director of Development Services Alan Orsborn ad- vised that the draft of the Scenic Corridor Overlay Zone presented for City Council consideration at this meeting resulted from a program instituted by the Counties of San Bernardino, Riverside and Orange, designed to preserve the Crest to the Sea Route through the Santa Aha Canyon. Mr. Orsborn repor- ted that in a discussion a week earlier with Mr. Spehar, who also was repre- senting Mr. Liberio, both large landowners in the Canyon area, and Mr. Harvey Berger, proposed purchaser of some of their property, Mm. Berger had been very receptive to the Scenic Corridor Overlay Zone proposal and concept. How- ever, Mr. Berger had indicated the following three areas of concern: 1. Development Review Co~muittee 2. Setbacks 3. Landscaping Review Co~nittee: Mr. Orsborn stated he believed the intent of the City Planning Commission in including a Development Review Committee in the Scenic Corridor Overlay Zone was to provide a means of regulating the type of development that might go on in the Canyon. He further noted that if plans were reviewed at a public hearing for property in the Scenic Corridor there would be a great many diverse viewpoints expressed at that meeting, and thus he suggested the Council may wish to reconstitute the Development Review Com- mittee to have a portion of the City Planning Co~ission and/or some other 71-117 City Hall, Anaheim, California - COUNCIL MINUTES - February 16, 1971, 7:30 P.M. appointee serve as a reviewer of plans if, in fact, the control committee is desired by the City Planning Commission and City Council. Scenic Corridor Concept: At the request of City Mmnager Keith Murdoch,Mr. Orsborn advised that the basic concept of the Santa Ana Canyon Scenic Corridor Overlay Zone is to preserve as nearly as possible the atmos- phere of the Canyon as it exists today and, in the development of the Canyon, to have an environment created that would conform to the desires of this City Council as elected representatives of the people, and to the City Planning Commission, who are appointees of the City Council. Densities: Commissioner Farano advised the City Planning Commis- sion desired to accomplish the purpose stated by Mr. Orsborn and at the same time allow the greatest intensity possible under those conditions. He added that perhaps one of the chief points to discuss is that by utilizing the sug- gested concept with the setbacks and some of the propositions listed, there probably could be a loss of some density. Mr. Orsborn noted that it has been the consensus the Commission was devoted entirely to the density figure, indicated by the fact that low density was proposed in the General Plan and program for the Canyon, although not ~s a prezoning. However, he stated, the City Planning Commission felt it is possible that a good living environment could be achieved with higher densities by using imaginative architecture and development procedures, since there are some really fine planned unit developments that achieve higher den- sities than would be experienced in many mobile home parks. Mr. Farano added to Mr. Orsborn's statement by advising he believed that in certain portions of the Canyon area an extremely high density is not only possible but desirable, and in other areas such high densities would be impossible. Thus, it was his opinion the greatest job in connection with the Scenic Corridor Overlay Zone, if such is adopted, would be the adminis- tration of it and determining where the various areas are. Councilman Dutton expressed the opinion the major problem has been that the density figure of 2.7 units per acre has been thought of as the de- sirable density over the entire 15,500 acres of the Canyon, whereas the Plan- ning Commission, City Council and Staff always have recognized that there are areas that lend themselves to higher densities. He advised that he be- lieved there is room for diversification of housing in the Canyon, as long as the proper living environment is built into those areas. Mr. Orsborn stated he believed setting a specific density figure is only a means of regulating the overall environment. Windbreaks: Councilman Dutton objected to the reference to Euca- lyptus trees in windbreaks and the implied necessity to replace existing Eucalyptus windbreaks with more such trees. He stated he did not consider a Eucalyptus tree a good tree. Mk. Orsborn replied he did not believe the intent was to preserve Eucalyptus trees specifically in these windbreaks, but rather to replace windbreaks with any recommended windbreak tree. ~ Commissioner Farano stated if the Scenic Corridor Overlay Zone O~dinance is adopted~then the next question to be resolved should be whether or not to prezone a portion or all of the Canyon. He stated he be- lieved the owner of a small parcel of land could be hurt economically by zoning his property low density much more so than a large landowner. Commissioner Rowland advised he believed if the owner of a small parcel of land would suffer by such zoning action, it would be because of the location of his property and not the size. 71-118 .City Hall, Anaheim, California - COUNCIL MINUTES - February 16, 1971, 7:30 P.M. Development Review Committee: Commissioner Rowland added that, in his opinion, some of the elements of the proposed ordinance that have been ob- jected to always have existed, although not specifically spelled out. He cited, as an example, the Development Review Committee which he did not feel should be formed since it always has been a Staff operation to determine that plans conform to existing zone and development standards. Densities: With regard to specific density figures, Commissioner Rowland recalled that over the past few years density figures have been re- moved from all zoning ordinances and replaced with development standards, which, in his opinion, is the more correct way to zone. He added that he be- lieved that when the entire Canyon area is developed,the combination of the zonings will average out at a density figure of approximately 2.7. Windbreaks: With regard to windbreaks, Commissioner Rowland advised it was felt the visual aspects of windbreaks were a characteristic of the Can- yon and should be maintained, if at all possible. Setbacks: Referring to setbacks, Commissioner Rowland stated that if a landowner objected to a specific setback he could apply for a variance; however, the property itself would dictate its parameters by its location and topography. He stated that the revisions made in the Scenic Corridor Overlay Zone have resulted in a much-watered-down version of the original, and it is now just another development standard befitting the Canyon. Controls/Windbreak: Councilman Pebley expressed the opinion it was possible too many controls were being set for development in the Canyon. For example, if a developer was required to maintain a Eucalyptus tree windbreak he may have trouble selling his homes because the buyer wanting to put in a swimming pool would not want the Eucalyptus trees. Zoning: He also commented on the fact that people living in $50,000.00 to $80,000.00 homes in the Canyon object to any homes being built that would sell for about $25,000.00, whereas, he believed today about the only people who can qualify for the purchase of homes are those who would buy a $22,000.00 to $28,000.00 home; also, it was his opinion homes in the $25,000.00 category rightfully belong in the Canyon area presently zoned R-2-5,000. Commissioner Rowland expressed the opinion the Scenic Corridor Over- lay Zone should contain a provision for a complete range of facilities and developments in the Canyon. Discussion followed on the fact that today very few homes of any kind are being sold for less than $25,000.00, and Councilman Pebley and Com- missioner Rowland expressed the opinion that the situation has caused the re- cent interest in condominium-type construction. Commissioner Seymour agreed that a full range of housing should be built in the Canyon,and the Scenic Corridor Overlay Zone could be the means by which the retention of a wholesome environment could be assured throughout all zones. Councilman Pebley maintained people buying homes in the Canyon would create their own environment without the City dictating how it is to be done. Commissioner Seymour replied he believed if criteria were not set for the Canyon amd a large nu~er of homes were built in the area, it could create a lot of barren ground by trees being removed, and it would take 20 to 50 years ko get the environment of the Canyon back to where it now is. He cited as an example some small homes built about 20 years ago, north of Lincoln Avemue on Polk Street, that sold for about $8,000.00, and yet today, it was his opinion, no desirable environment had been created. With the pro- per standards set up, he mintained small homes could be built and the en- vironment still ~intained. Co~a~issioner Eowland expressed the opinion that allowing minimum standards in the area would create a condition wherein Federal programs would permit construction of homes under terms that tend to rob a homeowner of 71-119 City Hall, Anaheim, California - COUNCIL MINUTES - February 16, 1971, 7:30 P.M. initiative, since his home may be taken from him if his income rose above a certain point. To this, Councilman Pebley commented that such situations make con- dominiums desirable, since the maintenance is taken care of through the mortgage payment. Commissioner Gauer stated he thought the standards set by the pro- posed Scenic Corridor Overlay Zone were desirable and necessary in order to assure the homeowners the values in the Canyon area will be maintained regardless, whether future developments are large or small homes or condo- miniums. WINDBREAKS: Councilman Dutton objected to the word "Windbreaks" in the revisions reported by the City Planning Commission under date of February 8, 1971, under C 3), since, in his opinion, that word carries the connotation "Eucalyptus trees" in this area, which trees, he felt, were not desired by most homeowners. Commisioner Rowland called attention to the list of suggested wind- break trees under the proposed Anaheim Municipal Code Section 18.59.071. Mr. Murdoch suggested that if the City Planning Commission actually was concerned that a windbreak formation of trees continued to exist in the Canyon, then using the word "Windbreak" would be correct; however, if it was their intent to assure greenery is maintained in the Canyon~ then perhaps another word should be used. Commissioner Rowland stated the windbreak requirement was put in in an attempt to preserve the aesthetic character prevalent in the Canyon today - the strong, heavy masses of the Canyon itself, and then the strong lines of windbreaks as they exist, which are created at counterpoint to those masses. These would not need to be Eucalyptus trees, but could be some tree that would provide the same distinguishing characteristics as a community value. Councilman Dutton expressed the opinion the effect now is that of boxing certain areas of the Hill and Canyon with rows of Eucalyptus trees. He added he agreed that trees belong in the Canyon; however, not Eucalyptus trees, and not planted in windrows as they are now. Commissioners Rowland and Farano explained that the draft of the actual ordinance presented to the City Council this evening did not require a property owner to retain existing windbreaks, but to either leave them as is, trim them, or replace one tree for each three removed and plant them in any position desired. With regard to Section 1 (b) of 18.59.062, requiring trees to be planted in "windbreak fashion along a convenient property line," noted by Councilman Stephenson, Commissioner Farano stated there may be incongruities between that Section and other Sections on Windbreaks, and these should be brought into conformance. Councilman Pebley asked that Palm trees be added to the list of wind- break trees in Section 18.59.071. Commissioner Seymour observed that evidently some of the City Plan- ning Co~nission members did not have in mind "trees planted windbreak fashion"; however, he himself did want to retain the windbreak qualities that now exist in the Canyon, not only for their aesthetic value, but also to break the force of the wind, although he would not insist on their being Eucalyptus trees. City A~torney Joseph Geisler advised that it would be difficult, if not impossible, after a person has purchased a home from a developer, to en- force an ordinance requiring him to leave trees in one position on his lot. He added that it probably would be possible to require a developer to put windbreaks in a subdivision; however, if the developer contested the require- ments there is a possibility the State Laws may differ, since the premise is that no law is valid which is enacted for any other purpose than public safety and general welfare. He also stated that the State has passed a special law governing a Scenic Corridor adjacent to a Scenic Highway, which is the basis 71-120 City Hall, Anaheim, California - COUNCIL MINUTES - February 16, 1971, 7:30 P.M. for the Santa Aha Canyon Scenic Corridor Overlay Zone; however, as yet, no explanation has been received pertaining to how far from the Freeway this Scenic Corridor can be enforced. Mr. Geisler further advised that zoning ordinances for a City must be uniform throughout, and the only place you can have something different is in cases where the State has set up a special criteria, such as the Scenic Highway. Councilman Pebley requested the City Attorney to review the proposed Santa Ana Canyon Scenic Corridor Overlay Zone and report back to the City Council on which requirements, in his opinion, could or could not be enforced. Again referring to a previous conversation with a landowner and a developer regarding the proposed Scenic Corridor Overlay Zone, Mr. Orsborn advised that the developer had expressed the opinion he would like to see the regulations on trees even more stringent than is spelled out in the pre- sent draft and he had offered to appear before the City Planning Co~mnission and City Council to explain some of his ideas regarding street tree planting. Mr. Orsborn further advised that a meeting to discuss the proposed Overlay Zone had been scheduled with property owners in the area and developers who had evidenced interest thus far. SETBACKS: Mr. Orsborn also reported that the aforementioned developer had commented that he would like developers to have some latitude to arrive at an average setback, rather than specific ones. Mr. Orsborn noted'that the original proposal had required a 75-foot setback; however, many developers had expressed dissatisfaction with that requirement and it had been modified to its present form. Associate Planner Don McDaniel reported that the entire Scenic Cor- ridor and pertinent setback requirements had been broken down into the four basic areas of single-family residential, multiple-family residential, com- mercial and industrial, and he outlined the various proposed requirements. He added that the overall concept on setbacks is designed to create some flexibility and possibly some environmental quality. Mr. Murdoch asked why, with the exception of the industrial zone, the proposed setback requirements in the Canyon are higher than in the flat- lands or flood plains? Mr. McDaniel replied that it was meant to coincide with the intent and purpose of the entire Scenic Corridor Concept, in that it would allow the hills constituting the Scenic Corridor to be visible; also, it was hoped this would provide some additional benefits to residents living adjacent to the Freeway. DEVELOPMENT REVIEW COMMITTEE: Councilman Thom requested further clarifica- tion on the Development Review Co~nittee. Mr. Murdoch advised that, in a way, it is true there already exists a Review Committee, particularly where planned developments are concerned, and whenever the City Council asks to look at development plans; that he had never thought an actual Development Review Cormnittee existed, as Con~nissioner Rowland had previously stated. G0missi0ner Rowland stated he contended a Review Committee existed when plans must be submitted before building permits will be issued. Mr. Murdoch expressed concern over the fact that the draft gives the Development Review Co~ittee authority to modify site standards. He stated it was his understanding the Development Review Committee's function would be to insure plans conform with specific standards set forth in the Code be- fore a permit wa~ issued to allow construction. Mr. Orsborn advised the draft on the Development Review Co~m~ittee was intended to assure that construction not only would conform to set stan- dards, but also would result in a desirable construction, since the Council formerly had expreseed concern in this regard after construction of the Hol- stein H~mes in that area. He stated that they would like to be able to refer to the Council, prior to issuance of a building permit or final reading of the zoning ordinance, plans they felt may be questionable. 71-121 City Hall, Anaheim, California - COUNCIL MINUTES - February 16, 1971, 7:30 P.M. Mr. Murdoch advised that the Federal program under which the Hol- stein Homes were built tended to encourage the type of development that had been constructed there. Also, referring back to the homes on Polk Street, mentioned by Commissioner Seymour, Mr.' Murdoch reminded the two bodies pre- sent that these homes were built prior to annexation to the City, as was the case with Dream Homes along Brookhurst Street, and the 'Freeway Park Homes, all of which are below the standards of the City of Anaheim, and would not have been allowed to be built if those areas had been a part of Anaheim at that time. ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Roth seconded the motion. MOTION CARRIED. Adjourned: 9:45 P.M. Signed Deputy City Clerk City Hall~ Anaheim, California - COUNCIL MINUTES - February 23, 1971, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRE SENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton COUNCILMEN: None CITY MANAGER: Keith A. Murdoch ASSISTANT CITY MANAGER: Robert M. Davis ADMINISTRATIVE ASSISTANT: John Harding CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Daoust CITY ENGINEER: James P. Maddox TRAFFIC ENGINEER: Edward Granzow ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts ASSOCIATE PLANNER: Don E. McDaniel Mayor Dutton called the meeting to order. INVOCATION: Reverend Paul Keller, of the First Presbyterian Church, gave the Invocation. FLAG SALUTE: Councilman Don R. Roth led the Assembly in the Pledge of Alle- giance to the Flag. PROCLAMATIONS: The following Proclamations, issued by the Mayor, were unani- mously ratified by the City Council: "Easter Seal Month" - March 1 to April 11, 1971. "Quality Week" - March 1 to 7, 1971 "Sertoma's Freedom Week" - February 22 to 28, 1971. "Red Cross Month" - March, 1971.