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1969/01/07 (2)69-1 City Hall, Anaheim, California COUNCIL MINUTES - January 7~ 19£9, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILM~N: Dutton, Schutte, Clark and Pebley COUNCILMEN: Krein CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Williams CITY ENGINEER: James P. Maddox DEVELOPMENT SERVICES DIRECTOR: Alan G. Orsborn ZONING SUPERVISOR: Ronald Thompson Mayor Pebley ca!led the meeting to order. INVOCATION: Reverend Wilkerson, of the Christian Center Church, gave the Invocation. FLAG SALUTE: Councilman Dutton led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATION: Mayor Pebley proclaimed the month of January, 1969, "March of Dimes Month." MINUTES: Minutes of the Anaheim City Council meeting, held Decem~;cr 17, 1968, were approved on motion by Councilman Dutton, seconded by Councilman Clark. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Clark 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 Schutte seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $643,171.85, for the period ending December 31, 1968, and $172,296.03, for the period ending January 7, 1969, in accordance with the 1968-69 Budget, were approved. PUBLIC HEARING RECLASSIFICATION NO. 68-69-45: Submitted by Lucy Coniglio and Anna Hathaway, (Parcel 1), and Orangethorpe Park Corporation, (Parcels 2 and 3), requesting a change of zone from R-A and C-1 to R-3 zone; property located on the north side of Orangethorpe Avenue, west of Kraemer Boulevard. The City Planning Commission, pursuant to Resolution No. PC68-347, recommended said reclassification be approved, subject to the condition that a Final Tract Map of subject property be approved by the City Council and re- corded in the office of the Orange County Recorder. Communication from the City of Placentia, dated January 6, 1969, opposing subject reclassification on the basis that the adjoining City of Placentia property on the north and west is projected for industrial devel- opment, was read in full by the City Clerk. Zoning Supervisor Ronald Thompson described the location of the subject property which is approximately 16-1/2 acres in size, noting that General Plan Amendment No. 111, adopted by the City Council in accordance with Exhibit "A" at the meeting of December 3, 1968, approved commercial land use at the northwest corner of Orangethorpe Avenue and Kraemer Boule- vard, with the surrounding area designated for multiple-family land use. Mr. Thomp~'on described the existing uses and zoning in the imme- diate area, noting that the City of Placentia has recently approved the de- velopment of a hospital,, a mobile home park, and an apayt~ent complex on . parcels immediately to the we~t of subject property, which the City Planning Commission felt diminished the integrity of the proposed industrial use desig- nated for the area on the City of Placentia General Plan. 69-2 City Hall, Anaheim~ California - COUNCIL MINUTES - January 7, 1969, 1:30 P.M. He pointed out that the City Planning Commission further felt that the subject property would be adequately buffered from any potential industrial development to the north, in the City of Placentia, by the alley and garages along the nor- thern periphery of the proposed development. In the ensuing Council discussion reference was made to several lo- cations in the City of Anaheim where R-3 developments have proved to be very compatible with adjacent commercial developments, some of which have experienced a vagrancy factor lower than most other apartment complexes within the City dur- ing the last five years. Mayor Pebley asked if anyone present wished to address the City Coun- cil, and receiving no response declared the hearing closed. RESOLUTION NO. 69R-1: Councilman Schutte offered Resolution No. 69R-1 for adoption, authorizing the preparation of necessary ordinance changing the zone of the property as recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (68-69-45 - R-3.) Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor declared Resolution No. 69R-1 duly passed and adopted. On recommendation of the City Manager, the City Council by general consent requested that the City of Placentia be notified of the foregoing ac- tion, outlining the evidence submitted in support of the requested change in land use. TENTATIVE MAP - TRACT NO. 6813: Developer - Albert Johnson, tract located on the north side of Orangethorpe Avenue, approximately 815 feet west of Kraemer Boulevard, containing 17 proposed R-i zoned lots. The City Planning Commission, at their meeting held Decamber 2, 1968, approved said Tentative Map, subject to the following conditions: 1. That should this subdivision be daveloped as more than one sub- division, each subdivision thereof shall be submitted in tentative form for approval. 2. That the approval of Tentative Map of Tract No. 6813 is granted subject to the approval of Reclassification No. 68-69-45. 3. That a predetermined price for Lots "A" and "B" shall be calcu- lated 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" and "B" shall include land and a proportionate share of the under- ground utilities and street improvements. 4. That all lots within this tract shall be served by underground utilities. 5. That the vehicular access rights, except at street and/or alley openings to Orangethorpe Avenue, shall be dedicated to the City of Anaheim. 6. That ~'?reets "A" and "D" shall be named Temple Street and Temple Circle. Councilman Dutton moved that Tentative Map, Tract No. 6813 be ap- proved, subject to the recommendations of the City Planning Commission. Coun- cilman Clark seconded the motion. MOTION CARRIED~ 69-3 City Hall, Anaheim, California - COUNCIL MINUTES - January 7~ 1969, 1:30 P.M. TENTATIVE MAP - TRACT NO. 6814: Developer - Albert Johnson, tract located on the north side of Orangethorpe Avenue, approximately 815 feet west of Kraemer Boulevard, containing 15 proposed R-3 zoned lots. (68-69-45.) The City Planning Commission, at their meeting held December 2, 1968, approved said Tentative Map, subject to the following conditions: 1. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 2. That the approval of Tentative Map of Tract No. 6814 is granted subject to the approval of Reclassification No. 68-69-45. 3. That predetermined price for Lot "A" shall be calculated and an agreement for dedication entered into between the Developer and the City of Anaheim prior to approval of the final tract map. The cost of Lot "A" shall include land and a proportionate share of the underground utilities and street improvements. 4. That all lots within this tract shall be served by underground utilities. 5. That Streets "A", "B", and "C" shall be named Temple Street, Windsor Avenue and Kensington Circle. Councilman Dutton moved that Tentative Map, Tract No. 6814, be ap- proved subject to the recommendations of the City Planning Commission. Coun- cilman Clark seconded the motion. MOTION CARRIED. TENTATIVE MAP - TRACT NO. 6143: Developer - Albert Johnson, tract located on the north side of Orangethorpe Avenue, approximately 815 feet west of Kraemer Boulevard, containing 18 proposed R-3 zoned lots. (68-69-45.) The City Planning Commission, at their meeting held December 2, 1968, approved said Tentative Map, subject to the following conditions: 1. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 2. That the approval of Tentative Map of Tract No. 6143 is granted subject to the approval of Reclassification No. 68-69-45. 3. That a predetermined price for Lots "A", "B" and "C" shall be calculated and an agreement for dedication entered into between the Develop- ~r 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. 4. That all lots within this tract shall be served by underground utilities. Councilman Dutton moved that Tentative Map, Tract No. 6143, be ap- proved, subject to the recommendations of the City Planning Commission. Councilman Clark seconded the motion. MOTION CARRIED. PUBLIC HEARING - RECLASSIFICATION NO. 68-69-46: Submitted by Venie Daniels Kneip, requesting a change in zone from R-2 to C-l; property located at the north- east corner of East Street and Santa Aha Street, and further described as 418, 422 and 426 South East Street. The City Planning Commission, pursuant to Resolution No. PC68-348, recommended that said reclassification be disapproved. Mr. Thompson noted the location of the three subject parcels, the existing uses and zoning in the immediate area, and briefed the evidence submitted to and considered by the City Planning Commission, noting that the applicant is proposing the establishment of a convenience-type shopping center, although no plans have been submitted. He called attention to the fact that the area surrounding subject property is predominantly residen- tial in character, and there is an existing shopping center less than 2 blocks away. 69-4 .City Hall, Anaheim, California - COUNCIL MINUTES - January 7, 1969, 1:30 P.M. Mayor Pebley asked if the Applicant or his Agent were present and wished to address the City Council. Mr. Jim Kemmis, representing the Applicant, reported that an offer was received from a convenience-market chain to build a $150,000.00 structure at the subject location, as studies indicate it would be a desirable location. He called attention to the fact that signatures of 27 persons approving of the proposed reclassification were submitted with the application. The City Clerk confirmed the presence of the petition in the file, as well as a petition signed by 32 persons in opposition. The file was reviewed by the City Council and Mayor Pebley asked if anyone wished to speak in opposition. Mr. Robert L. Justus, 502 South Dawn, indicated he circulated the petition in opposition to the change in zone, on the basis that a convenience market is not needed in the area, in view of the nearby shopping center. He also felt that traffic congestion at the intersection of East Street and Santa Ana Street would increase considerably if co:~,mercial development is allowed. Mayor Pebley asked if anyone else wished to address the City Council, there being no response, declared the hearing closed. Councilman Clark indicated that he would prefer to see specific plans of development before a determination is made, and asked if the Appli- cant wished to have a continuance for this purpose. Mr. Kemmis indicated that a 30-day continuance would be sufficient for this purpose. On motion by Councilman Clark, seconded by Councilman Schutte, de- cision on Reclassification No. 68-69-46 was continued to the meeting of Feb- ruary 4, 1969, to allow the applicant to submit specific plans of developr.~nt. MOTION CARRIED. ORANGE COUNTY WATER DISTRICT - PROPOSED ANNEXATION: On report and recommendation of the City Manager, Councilman Dutton moved that the City of Anaheim consent to the annexation by the Orange County Water District of the proposed area as far as the City-owned property is concerned. (Shorb Well). Councilman Clark seconded the motion. MOTION CARRIED. PUBLIC HEARING - RECLASSIFICATION NO. 68-69-47 AND VARIANCE NO. 2031 (TENTATIVE TRACT NO. 6809): Submitted by .cr~a.~ L. and Muriel Lenz (Executrix), requesting a change in zone from R-A to R-2, 5,000, and also requesting a waiver of mini- mum permitted floor space, to permit 176 one-family residential homes; property located on the north side of Wagner Avenue, east of State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC68-356, recommended that said reclassification be disapproved, and denied said var- iance, pursuant to Resolution No. PC68-357. GENERAL PLAN AMENDMENT NO. 96, (READVERTISED): A review of present land use policies and possible amendment from low-density residential to low-medium- density residential for undeveloped properties located within the area gener- ally south of South Street, west of Sunkist Street, north of Wagner Avenue, and east of State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC68-355, recommended that said General Plan Amendment be disapproved. Letter approving R-3 zoning was received from Lottie Sargent. Mr. Thompson noted the location of the subject property, the exist- ing uses and zoning in the immediate area, and briefed the evidence submitted to and considered by the City Planning Commission. He reported that public facilities would be adequate for the proposed increase in population density in the area; however, the City Planning Commission felt no land use change had taken place since General Plan Amendment No. 96 was originally considered and disapproved by the City Council in October of 1967. 69-5 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 7~ 1969, 1:30 P.M. Mayor Pebley asked if the Applicant wished to address the City Council. Mr. Cal Queyrel, of A acal Engineering Company, representing the Applicant, posted maps of the subject area on the Council wall and noted the location of the subject property in relation to Tract No. 6496, (Re- classification No. 67-68-30 and Variance No~ 1922~, located on the east ~7 ~ of Sunkist Street, north of Ball Road. He felt that the two proper- ties were similar in that both parcels are adjacent to R-1 developments and schools. He noted that the subject property would be developed as a self-contained tract; that public facilities in the area were found to be adequate for the proposed density; and requested ~h~t the reclassification be approved. Mr. Robert Mc Michael, Developer, addressed the City Council, in- dicating he wished to withdraw the variance request for minimum permitted floor space and he urged approval of the requested reclassification to the R-2, 5,000 zone. He stated that there is a great demand for the smaller size lots and submitted a breakdown of sales prices and down payments on 51 such lots, comprising 3 tracts in Anaheim which were recently developed by his firm and completely sold out. He further noted that an additional 91 such homes are currently under construction in the vicinity of Lincoln Avenue and Magnolia, and on Glen Holly Drive near Ball Road and Knott Street. He pointed out that the proposed R-2, 5,000 zoning would produce additional funds for the Park and Recreation program, as well as an increase in electrical and sales tax revenues for the City. In answer to Council questions, Mr. Mc Michael stated that the pro- posed development would consist of homes ranging from 1,525 to 1,900 square feet in size,similar to those built in the vicinity of South and East Streets. Council discussion ensued, with regard to the difficulty of pro- tecting the integrity of the surrounding R-1 developments in the absence of specific plans, and Mayor Pebley noted that approval of R-2, 5,000 zoning has been considered appropriate for areas suitable for R-3 development, rather than those suitable for R-1 development, which was corroborated by the City Attorney. Mayor Pebley asked if anyone wished to address the City Council in opposition. Mrs. Ralph Biester, 2214 Olmstead Way, opposed the subject re- classification on the basis that the integrity of the surrounding R-1 de- velopments would be affect-ed, which could result in lowering the value of the existing homes. She felt that only R-1 development should be allowed in the area, and pointed out that Tract No. 6496, to which Mr. Queyrel re- ferred, is closer to Ball Road, and therefore closer to commercial property. She felt that granting an R-2, 5,000 zone would pave the way for a request to R-3 zoning° Mr. Alan Orsborn, ? ~cctor of Development Services, noted that the General Plan presently designates low-density residential use for the sub- ject area; that there are other areas in the City where the proposed den- sity would be appropriate; and that it would seem to be more consistent with previous p~lt~ to maintain the integrity of this zone by requiring that land proposed for R-2, 5,000 development reflect a lesser density khan khaf perm{~he~ in the R-2 or R-~ zones. Mr. Don Whiting, 2126 East Vermont Avenue, addressed the Council in opposition, stating that the proposed density would cause overcrowding of the schools in the area, and also objecting to the fact that h!~ side yard would border three backyar~i; in the proposed tract, placing 2 backyards bordering his front yard, which would mean a 6-foot block wall along the entire east side of his property. 69-6 ~it.y Hall~ Anaheim~ California - COUNCIL MINUTES - January 7, 1969~ 1:30 P.M. Mr. R.J. Mc Millan, 924 South Peregrine, opposed the subject reclas- sification on the basis that the smaller homes on smaller lots would not be comparable in value to the existing R-1 homes in the area, and he felt that such homes should be built in the areas designated for that type of develop- ment. In rebuttal, Mr. Queyrel stated that the physical location of the proposed development is not compatible with the type of R-1 development favored by the opposition. He noted that the entrance to the tract is opposite Katella High School on Wagner Avenue; that the surrounding undeveloped property could be zoned for higher uses other than residential; that the existing R-1 homes in the area have a resale value only slightly more than $20,000.00. He stated that the integrity of the area would be maintained by offering shake roofs and other quality features, and that single-story construction would be adhered to adjacent to the existing R-1 developments. It was his opinion that R-1 homes on 7,200 square foot lots could not be devcloped with a price range of less than $35,000.00 to $40,000.00, and felt that this range would be inappro- priate for that location. Mayor Pebley felt that sufficient evidence from those present had been received, and thereupon declared the hearing closed. RESOLUTION NO. 69R-2: Councilman Clark offered Resolution No. 69R-2 for adop- tion, disapproving Reclassification No. 68-69-47, as recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMIN- ING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. (68-69-47.) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: Dutton, Schutte, Clark and Pebley COUNCILMEN: None COUNCILMEN: Krein The Mayor declared Resolution No. 69R-2 duly passed and adopted. VARIANCE NO. 2031: Councilman Dutton moved that the City Council consent to withdrawal of Variance No. 2031 by the Applicant. Councilman Clark seconded the motion. MOTION CARRIED. GENERAL PLAN AMENDMENT NO. 96: Councilman Clark moved that General Plan Amend- ment No. 96 be disapproved, as recommended by the City Planning Commission. Councilman Dutton seconded the motion. MOTION CARRIED. TENTATIVE MAP - TRACT NO. 6809: Developer - Mc Michael Company; tract located on the north side of Wagner Street, east of State College Boulevard, and con- ~ai;%~ 176 proposed R-2, 5,000 zoned lots. The City Planning Commission, at their meeting held December 2, 1968, denied said Tentative Map. Councilman Clark moved that Tentative Map, Tract No. 6809, be dis- approved as recommended by the City Planning Commission. Councilman Dutton seconded the motion. MOTION CARRIED. PUBLIC HEARING - RECLAC!~IFICATION NO. 68-69-50 AND VARIANCE NO. 2034: Submitted by Union Bank, requesting a change in zone from R-A to R-3, and waivers of (1) location of accessory buildings, (2) minimum number of covered parking spaces, and (3) minimum floor area of a dwelling unit, to permit a 50-unit apartment complex; property located on the east side of Beach Boulevard, south of Orange Avenue. 69-7 City Hall~ Anaheim~ California - COUNCIL MINUTES January 7, 1969~ 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC68- 349, recommended said reclassification be approved, subject to the follow- ing conditions: 1. That street improvement plans shall be prepared and all en- gineering requirements of the City of Anaheim along Beach Boulevard, such as curbs and gutters, sidewalks, street grading and paving, drainage facili- ties, or other appurtenant work shall be completed as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; and that a bond in an amount and form satis- factory to the City of Anaheim shall be posted with the City to guarantee the installation of said engineering requirements. 2. That the owner of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Beach Boulevard, for street lighting purposes. 3~ That the owner of subject property shall pay to the City of A~.aheim the sum of 15¢ per front foot along Beach Boulevard, for tree plant- ing purposes. 4. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 5. That fire hydrants shall be installed as required and deter- mined to be necessary by the Chief of the Fire Department. 6. That a 6-foot masonry wall shall be constructed along the east property line ic~ ~he section not developed for carports. 7. That any air-conditioning facilities proposed shall be pro- perly shielded from view, and the sound shall be buffered from adjacent residential homes. 8. That parking area shall be lighted with down-lighting a maxi- mum 6-feet in height and shall be directed away from the property lines to protect the residential integrity of the area. 9. That the owner of subject property shall pay to the City of Anaheim the sum of $150.00 per dwelling unit, to be used for park and rec- reation purposes, said amount to be paid at the time the Building Permit is issued. 10. That Condition Nos° 1, 2, and 3, above mentioned, shall be com- plied with within a period of 180 days from the date hereof, or such further time as the City Council may grant. 11o That Condition Nos° 4, 5, 6, 7, and 8, above mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC68-350, granted said variance in part, approving waiver of location of accessory buildings, subject to the conditions listed below, and denying waiver of minimum number of covered parking spaces, and minimum floor area of a dwell- ing unit: 1. That this variance is granted subject to the completion of Re- classification No. 68-69-50. 2. That subject property shall be developed substantially in ac- cordance with plans and specifications on file with the City of Anaheim, marked Exhibit No. 1, Revision No. !, and Exhibit Nos. 2, 3, and 4. Mr. Thompson noted the location of subject property, the existing uses and zoning in the immediate area, and briefed the evidence submitted to and considered by the City Planning Commission in recommending approval of said reclassification. Mayor Pebley asked if the Applicant was present and concurred with the recommendations of the City Planning Commission, to which he received an affirmative reply. He then asked if anyone present wished to speak in oppo- sition, and received no response. The Applicant, speaking from audience, stated he ~ished to go on record as opposing the Parks and Recreation In Lieu Fees, required under Condition No. 9~ Mayor Pebley noted that a possible adjustment of these fees will be considered by the City Council at the meeting of January 21, 1969, and declared the hearing closed. 69-8 City Hall, Anaheim~ California - COUNCIL MINUTES - January 7, 1969, 1:30 P.M. RESOLUTION NO. 69R-3: Councilman Dutton offered Resolution No. 69R-3 for adoption, authorizing preparation of necessary ordinance changing the zone as requested, subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMIN- ING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (68-69- 5o - R-3.) Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor declared Resolution No. 69R-3 duly passed and adopted. RESOLUTION NO. 69R-4: Councilman Dutton offered Resolution No. 69R-4 for adoption, granting Variance No~ 2034, as recommended by the City Planning Commission, (Waiver No. 1 only.) Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2034. Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor declared Resolution No. 69R-4 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 68-69-51 AND VARIANCE NO. 2030: Submitted by Dwayne C. Prescott (Parcel A), and Mr. and Mrs. Gene Felling (Parcel B), requesting a change in zone from R-A (Parcel A) and R-3 Deed Restricted (Parcel B), to R-3, and also requesting waivers of maximum building height, minimum building setback, and maximum number of main buildings per site, to permit a 30-unit, one and two-story apartment complex; property located on the east side of Loara Street, south of Orangewood Avenue, further described as 2210 and 2220 South Loara Street. The City Planning Commission, pursuant to Resolution No. PC68-351, recommended said reclassification be approved, subject to the following con- ditions: 1. That the owners of subject property shall deed to the City of Anaheim a strip of land 32 feet in width from the centerline of the street along Loara Street, for street widening purposes. 2. That street improvement plans shall be prepared and all engin- eering requirements of the City of Anaheim along Loara Street, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appprtenant work shall be completed as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installa- tion of said engineering requirements. 3. That the petitioner receive consent from the City Council for the removal of deed restrictions which limit construction to one-story in height, to permit one and two-story construction on Parcel "B". 4. That the owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Loara Street for street light- ing purposes. ' 5. That the owner of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Loara Street, for tree planting p~rp~ses. 69 -9 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 7~ 1969~ 1:30 P.M. 6. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 7. That fire hydrants shall be installed as required and deter- mined to be necessary by the Chief of the Fire Department. 8o That the owners of subject property shall pay to the City of Anaheim the sum of $150.00 per dwelling unit, to be used for park and rec- reation purposes, said amount to be paid at the time the Building Permit is issued. 9. That a 6-foot masonry wall shall be constructed along the east property line. 10o That any air-conditioning facilities proposed shall be pro- perly shielded from view, and the sound shall be buffered from adjacent residential homes. 11. That parking areas shall be lighted with a maximum 6-feet in height and shall be directed away from the property lines to protect the residential integrity of the area. 12. That Condition Nos. 1, 2, 3, 4, and 5, above mentioned, shall be complied with within a period of 180 days from the date hereof, or such further time as the City Council may grant. 13~ That Condition Nos. 6, 7, 9, 10, and 11, above mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC68-352 granted said variance, subject to the following conditions: 1. That this variance is granted subject to the completion of Reclassification No. 68-69-51. 2. 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, 3, and 4. Mr. Thompson described the location of the subject property, the existing uses and zoning in the immediate area, and briefed the evidence submitted to and considered by the City Planning Commission, noting that the variances were felt to be technical in nature. Councilman Clark questioned the compatibility of the proposed development with the existing density in the area, and felt that one-story, garden-type apartments would be more suitable. Mr. Thompson called Council attention to plans submitted with the application, noting that the density factor as measured per acre is no greater than the existing apartment development immediately to the north. Councilman Clark felt that approval of R-3 zoning on the property would be warranted only if in accordance with Code requirements, with no variances. Mayor Pebley asked if the Applicant was present and concurred with the recommendations of the City Planning Commission, to which he re- ceived an affirmative reply. He then asked if anyone in opposition wished to address the City Council. Mr. Jack Rogoway, 2200 South Loara Street, requested that the subject reclassification either be denied or referred back to the City Planning Commission for reasons he outlined as follows: He felt that allowing two-story construction on the subject property would be granting a special privilege in view of the existing deed restrictions agreed to in the area; that the applicant had failed to show that a hardship exists to justify the requested variances; that an application for a reclassifi- cation for a lower-density development across the street had been disap- proved by the City Council in 1963, on the basis that the proposed density would be incompatible with the area; that approval of R-3 zoning is not proper in an area where traffic must pass through single-family residential developments; that school facilities are already overburdened; and that a a hazardous traffic situation would result from the increase in density. 69-10 City Hall~ Anaheim, California - COUNCIL MINUTES - January 7, 1969, 1:30 P.M. He specifically objected to the proposed location of parking facili- ties adjacent to his property line, and he felt that the proposed development was in fact a "planned residential development" which, under the Code provi- sions, would require 60 parking spaces rather than 30. He agreed that the pro- perty should probably be zoned R-3; however, he believed that the requested variances should be denied and construction limited to one story. He noted that approval of 2-story construction on the subject property would encourage similar requests on other undeveloped property in the area. Mr. YoF. Hammatt, 1548 West Orangewood Avenue, identified himself as a member of the Irrigation Water Company, and expressed concern regarding the maintenance of a water line located on the subject property. Mr. Richard Brooks, Architect representing the Applicant, addressed the City Council° He stated that the proposed one and two-story construction would provide open spaces, which are of great aesthetic value; that the de- velopment was very carefully designed to provide the maximum convenience and desirability to tenants without encroaching upon the welfare of adjacent de- velopments. He noted that the parking facilities adjacent to Mr. Rogoway's property were actually in an enclosed structure, which would be further buf- fered by a block wall. He offered assurance that the existing pipeline on the property had been taken into account and located under a drive area, and would not be affected by the proposed construction. Plans and files were reviewed by the Council° Mayor Pebley felt that a good cross-section of evidence had been presented, and thereupon declared the hearing closed. RESOLUTIONS: Councilman Dutton offered resolutions for adoption, approving the subject reclassification and granting the subject variance, as recommended by the City Planning Commission. Councilman Clark again expressed his concern in allowing two-story construction in the area, and indicated he had received several telephone calls from persons in the vicinity objecting to this feature. Council discussion ensued, during which Mr. Brooks was asked if lower density would be achieved if the development were confined to one-story. Mr. Brooks replied that the proposed density could be easily maintained if plans were redesigned to eliminate the open areas and developed in a manner similar to that of Mr. Rogoway's apartment developme. ~, utilizing maximum ground coverage. He felt that such a limitation, however, would be deleter- ious to his concept of architectural integrity. Mr. Rogoway received permission to address the City Council and pointed out that the requested waiver of maximum building height affected more than one parcel on the west side of Loara Street; and that 2 single- family homes, valued at $30,000.00 and $40,000.00 are located on these parcels. At the request of the City Council, Mr. Thompson indicated the lo- cation of the property on the west side of Loara Street which is within 150 feet of the proposed development, noting that R-3 zoning has been approved on 2 of the parcels, and the 2 remaining parcels are presentl zoned R-A. He pointed out that the $40,000.00 home, to which Mr. Rogoway referred, is located on the parcel on which a resolution of intent to zone R-3 has been adopted, and that the owner's intention at the time of the application was to develop multiple-family units on the rear portion of the property. Councilmen Clark and Pebley noted that the most southerly parcel within 150 feet of the subject property on the east side of Loara Street, is occupied by a single-family dwelling, and would in all probability re- tain the current zoning for some time; therefore, the requested waiver of maximum building height could be viewed as more than technical in nature. Mayor Pebley called for the roll call vote on the resolutions of- fered by Councilman Dutton. 69-11 ~ity Hall, Anaheim~ California - COUNCIL MINUTES - January 7~ 1969~ 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: Dutton NOES: COUNCILMEN: $chutte, Clark and Pebley ABSENT: COUNCILMEN: Krein Said resolutions failed to carry. RESOLUTION NO. 69R-5: Councilman Pebley offered Resolution No. 69R-5 for adoption, authorizing the preparation of necessary ordinance changing the zone to R-3 on the northerly parcel only, subject to the conditions recom- mended by the City Planning Commission, amending Condition No. 3 to read as follows: 3. That deed restrictions limiting the construction of the buildings to one-story in height be approved by the City Council and re- corded by the owner of the subject property. Refer to Resolution Book~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED° (68-69-51 - R-3 - Deed Restricted.) Roll Call Vote: \ 'iS: COUNCILMEN: Schutte, Clark and Pebley NOES: COUNCILMEN: Dutton ABSENT: COUNCILMEN: Krein The Mayor declared Resolution No. 69R-5 duly passed and adopted. RESOLUTION NO. 69R-6: Councilman Pebley offered Resolution No. 69R-6 for adoption, granting Variance No. 2030 in part; granting waivers of minimum building setback, maximum permitted number of main buildings per site, and denying requested waiver of maximum building height, subject to the condi- tions recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2030. Roll Call Vote: ~ 'qS: COUNCILMEN: Dutton, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor declared Resolution No. 69R-6 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 68-69-52 AND VARIANCE NO. 2035: Submitted by Angel Lerma Maler and Alma Clara Maler, requesting a change in zone from R-A to R-3, and waivers of maximum height within 150 feet of R-A zone, lo- cation of accessory building, minimum distance between buildings, and living units located within 200 feet of a standard street; property located on the north side of Lincoln Avenue, east of Magnolia Avenue, and further described as 2441 West Lincoln Avenue. The City Planning Commission, pur~-ant to Resolution No. PC68-353, recommended that said reclassification be approved, subject to the follow- ing conditions: 1o That the owners of subject property shall deed to the City of Anaheim a strip of land 40 feet in width from the centerline of the street along Lincoln Avenue, for street widening purposes. 69-12 City Hall~ Anaheim, California - COUNCIL MINUTES - January 7, 1969, 1:30 P.M. 2. That street improvement plans shall be prepared and all en- gineering requirements of the City of Anaheim along Lincoln Avenue, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be completed as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installa- tion of said engineering requirements. 3. That the owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Lincoln Avenue, for street· lighting purposes. 4. That a Parcel Map to record the approved division of subject property be submitted to the City of Anaheim for approval and then be re- corded in the office of the Orange County Recorder. 5. That the owners of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Lincoln Avenue, for tree plant- ing purposes. 6. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 7. That fire hydrants shall be installed as required and deter- mined to be necessary by the Chief of the Fire Department. 8. That a 35-foot strip of land shall be landscaped on the Lincoln Avenue frontage and said landscaping maintained, as indicated on Exhibit No. 1 on file with the City; and that plans for said landscaping shall be sub- mitted to and approved by the Superintendent of Parkway Maintenance. 9. That a 6-foot masonry wall shall be constructed along the west, north, and east property lines, where proposed carports do not exist adjacent to these property lines. Said wall shall be stepped down to 42 inches in the 35-foot Lincoln Avenue setback area. 10. That any air-conditioning facilities proposed shall be properly shielded from view, and the sound shall be buffered from adjacent residential homes. 11. That the owners of subject property shall pay to the City of Anaheim the sum of $150.00 per dwelling unit, to be used for park and recrea- tion purposes, said amount to be paid at the time the Building Permit is issued. 12. That parking areas shall be lighted with down-lighting a maxi- mum 6-feet in height and shall be directed away from the property lines to protect the residential integrity of the area. 13. That Condition Nos. 1, 2, 3, and 5, 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. 14. That Condition Nos. 4, 6, 7, 8, 9, 10, and 12, above mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC68-354, granted said variance, subject to the following conditions: 1. That this variance is granted subject to the completion of Re- classification No. 68-69-52. 2. That subject property shall be developed substantially in ac- cordance with plans on file with the City of Anaheim, marked Exhibit Nos. 1, 2, 3, and 4. Mr. Thompson noted the location of the subject property, the exist- ing uses and zoning in the immediate area, and briefed the evidence submitted to and considered by the City Planning Commission. He noted the similarity of the proposed development to other apartment complexes built by the same developer on the north side of Broadway, west of Magnolia Avenue, and on the east side of Webster Street, north of Ball Road. Mayor Pebley asked if the Applicant was present and concurred with the recommendations of the City Planning Commission, to which he received an affirmative reply. He then asked if anyone present wished to address the City Council in opposition, there being no response, declared the hearing closed. 69-13 City Hall~ Anaheim~ California - COUNCIL MINUTES January 7, 1969, 1:30 P.M. RESOLUTION NOo 69R-7: Councilman Clark offered Resolution No. 69R-7 for adoption, authorizing the preparation of the necessary ordinance changing the zone as requested, subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (68-69-52 - R-3.) Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILM~N: Krein The Mayor declared Resolution No. 69R-7 duly passed and adopted. RESOLUTION NO. 69R-8: Councilman Clark offered Resolution No. 69R-8 for adoption, granting Variance No~ 2035, subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2035~ Roll Call Vote: AYES: COI~CILMEN: Dutton, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor declared Resolution No~ 69R-8 duly passed and adopted. PUBLIC DISCUSSION PARK AND RECREATION IN LIEU FEES: Mayor Pebley reported that a request from the Building Industry Association had been received to defer public discussion of Park and Recreation In Lieu Fees, scheduled this date, for 2 weeks~ On motion by Councilman Schutte, seconded by Councilman Clark, said public discussion was deferred to the meeting of January 21, 1969, at 1:30 P.M~ MOTION CARRIED. PUBLIC DISCUSSION - OUTDOOR ADVERTISING OF HOTEL AND MOTEL RENTAL RATES: Public discussion of a proposed ordinance to regulate the manner of outdoor adver- tising of motel and hotel rental rates was scheduled this date, as the re- suit of a petition filed by the principals of approximately 40 motels and hotels in support of said regulation. A draft of the proposed ordinance was prepared by the City Attor- ney and distributed to members of the City Council for consideration at this time. Mayor Pebley noted that the discussion was open to the public and invited interested parties to address the City Council. Mr. Fritz Losness, owner of the Sky View Motel and Vice-President of the California Motel Association, spoke'in favor of the adoption of the proposed ordinance, and presented letters expressing support from operators of five major motels and hotels in the area. Mr. Fred Feiten, of Sacramento, Executive Vice-President of the California Motel Association, noted that a dozen cities in California have enacted controls governing hotel and motel rate signs, and cited other in- stances where ordinances have been recently adopted completely prohibiting any rate signs, noting the reason therefor was to eliminate "rate wars" and "gougings" 69-14 City Hall~ Anaheim, California - COUNCIL MINUTES - January 7, 1969~ 1:30 P.M. He noted the principal reasons for advertising and advised that none of the reasons prevail in the renting of a motel room; none of the rate signs create additio~p~l business in the area° He explained that the proposed ordinance does not attempt to control prices charged nor prohibit the outdoor advertising of rental rates, but would require that the rooms be rented at the rates so advertised. Mr. Ted Levins, of E1 Coco Palms Motel, stated that he felt the pro- posed ordinance would not stifle competition, but would attempt to prevent some of the ills prevalent in other areas° In answer to an inquiry, the City Attorney reported violation of the proposed ordinance would be a misdemeanor. Mrs. Maria Zimmerman, of the Anaheim Tropic Motel, related her exper- ience as a motel operator in Garden Grove, where a price war developed 2 years ago, and she experienced a one-third decrease in gross revenues for that year. Mrs. Zimmerman favored the proposed ordinance which would control advertising. Mr. Paul Jo Morasco, of the Silver Moon Motel, stated that some motel operators change rates as often as 3 or 4 times in one day. He felt that the determination of rates should be at the discretion of each individual operator; however, the advertising of such rates should be regulated. Mr. Gordon Fisher, of the Waikiki Motel, and Cha~rman of the newly- formed Innkeepers Association of Orange County, stated that a majority of motel and hotel operators favor a rate ordinance and that its adoption would insure fair competition. Councilman Dutton asked Mr. Fisher if his organization had attempted to take action against violators of the existing State Laws in this field, to which Mr. Fisher replied that meetings had been hel~* to protest unfair adver- tising practices, which resulted in the proposed ordinance. Mr. Larry Hogan, 1355 Hacienda Street, stated that he was not per- sonally opposed to the ordinance, but felt that those who might object to it would be out-of-State tourists. He questioned the need for the ordinance as, in his opinion, it would be a duplication of an existing State law. There being no further requests to address the City Council, Mayor Pebley declared the discussion closed. ORDINANCE NO. 2624: Councilman Clark offered Ordinance Noo 2624 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4 OF THE ANAHEIM MUNICIPAL CODE BY AT~7~'q THERETO CHAPTER 4.09, RELATING TO THE REGULATION OF OUTDOOR ADVERTISING OF MOTEL AND HOTEL RENTAL RATES. RECESS: Mayor Pebley moved to Recess to 7:00 P.M. the motion. MOTION CARRIED. (5:25 P.M.). Councilman Clark seconded AFTER RECESS: Mayor Pebley called the meeting to order, all members of the City Council being present, with the exception of Councilman Krein. PUBLIC DANCE PERMIT: Application filed by Mr. Abel M. Caballero, on behalf o£ Sociedad Progresista Mexicana #24, for permit to conduct public dance on January 26, 1969, at Carpenter's Hall, 608 West Vermont Avenue, was submitted and granted, subject to the provisions of Chapter 4.16 of the Anaheim Muni- cipal Code, as recommended by the Chief of Police, on motion by Councilman Dutton, seconded by Councilman Clark. MOTION CARRIED. 69-15 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 7~ 1969~ 1:30 P.M. Mr. Porfie Peralta, 1716 Redwood Street, requested a reduction in the number of officers required to police said dance on the basis that thereto ~r' g, non-profit organization has never experienced any trouble at these fund-raising events. He noted that the dances are held on Sundays, are over at 8:00 P.M., and the charge for police officers, plus the appli- cation fee, greatedly decreased the income derived for charitable purposes. By general consent of the City Council, Mr. Peralta's request was referred to the City Manager to be discussed with the Chief of Police, and handled administratively~ Si~0EWALK WAIVER - SHERMAN STREET AND SOUTHWEST CORNER OF BALL ROAD AND STATE COLLEGE BOULEVARD: Request of Dunn Industrial Properties Corporation for tem- porary waiver of sidewalks on Sherman Street and the southwest corner of Ball Road and State College Boulevard, was submitted~ On the recommendations of the City Engineer, Councilman Dutton moved that said request be granted, excluding the area shown on the plot plan for future service station site at State College Boulevard and Ball Road, subject to the condition that no permanent planting or permanent-type improvements be permitted within the area reserved for future sidewalks° Councilman Schutte seconded the motion. MOTION CARRIED. SIDEWALK WAIVER - 1501 SOUTH ANAHEIM BOULEVARD: Request of Mr. Kjell H. Qvale, on behalf of British Motor Car Distributors, Ltd., for temporary waiver of sidewalks at 1501 South Anaheim Boulevard, was submitted. On the recommendations of the City Engineer, Councilman Dutton moved that said request be granted from the south line of driveway southerly to the frontage road, (a distance of approximately 83 feet), subject to the condition that no permanent planting or permanent-type improvements be per- mitted within the area reserved for future sidewalks. Councilman Schutte seconded the motion. MOTION CARRIED. REQUEST - THE TOWN TOUR COMPANY: Letter from The Town Tour Company, requesting permission to extend their present route to provide shuttle service between the proposed Anaheim Metroport and the various motels and hotels in the Disneyland Area was submitted. Mayor Peb]ey reported receiving notification from Mr. Valen, of The Town Tour Company, requesting Conncil action be d~f~d ~o a mo~ ap- propriate time~ RECLASSIFICATION NO. 63-64-100 - EXTENSION OF TIME: Request of Tony Julian was submitted for a 6-months extep~,'~on of time to Reclassification No° 63-64-100, for compliance with conditions pursuant to Resolution of Intent No. 64R-456, on property located at 2780 West Lincoln Avenue, (proposed C-1 zone). On motion by Councilman Clark, seconded by Councilman Schutte, six-months extension of time to said reclassification was granted, as recommended by the Development Services Department. MOTION CARRIED. RESOLUTION NO. 69R-9: On report and recommendation of the Development Services Department, Councilman Dutton offered Resolution No. 69R-9 for adoption, terminating the following conditional use permit and variance applications: CONDITIONAL USE PERMIT NO. 496: Previously granted for planned residential development; property located on the north side of Winston Road, east of Magnolia Avenue° Termination recommended on the basis that the planned residential development was not established and the property has since been developed under the regulations pertaining to the existing R-3 zoning. 69-16 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 7~ 1969~ 1:30 P.M. CONDITIONAL USE PERMIT NO. 785: Previously granted to establish an office building; property located on the east side of Harbor Boulevard, south of Katella Avenue° Termination recommended on the basis that the office build- ing was not constructed, and the property is now occupied by the Holiday Inn. CONDITIONAL USE PERMIT NOo 878: Previously granted to establish a motorcycle sales and service agency; property located at the northeast corner of Stony- brook Drive and Beach Boulevard~ Termination recommended on the basis that the use of subject property for a motorcycle sales and service agency was dis- continued in September, 1967, and an auto stereo store, (permitted C-1 use), was subsequently established. VARIANCE NOo 341: Previously granted to waive the requirements of the P-L zone to permit a nursery business; property located on the north side of Ball Road, between Lemon Street and Anaheim Boulevard, (129 West Ball Road.) Termination recommended on the basis that a restaurant has been established on the subject property, subsequent to reclassification to C-1 zone. Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PRO- CEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NOS. 496 785, 878, AND VARIANCE NO~ 341. ' Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor declared Resolution No. 69R-9 duly passed and adopted. FINAL MAP - TRACT NO. 6377: Developer Mc Michael Company; tract located at the easterly terminus of Virginia Avenue, 120 feet east of Cardiff Street, and contains 6 lots in the R-1 zone. (66-67-55). The City Engineer reported said Final Map conforms substantially with the tentative map previously approved, that bond has been posted and forwarded to the City Attorney for approval, and required fees paid, and he recommended approval thereof. On the recommendations of the City Engineer, Councilman Dutton moved that Final Map, Tract No. 6377 be approved, subject to approval of required bond by the City Attorney. Councilman Clark seconded the motion. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held December 16, 1968, pertaining to the following applications were submitted for City Council information and consideration: CONDITIONAL USE PERMIT NO. 1079: Submitted by Paul Wo Knaebel, et al, re- questing permission to construct an addition to an existing motel, with waivers of minimum front yard, maximum building height, and minimum side yard; R-A zoned property, located at 420 South Beach Boulevard. The City Planning Commission, pursuant to Resolution No. PC68-362, granted said conditional use permit, subject to conditions. VARIANCE NOo 2036: Snbmitted by Lawrence R. and Dorothy Hogan, requesting a waiver of minimum required rear yard, to permit a room addition to an ex- isting residence; R-1 zoned property, located at 1355 Hacienda Street. The City Planning Commission, pursuant to Resolution No. PC68-363, granted said variance, subject to one condition. 69 -17 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 7~ 1969~ 1:30 P.M. CONDITIONAL USE PERMIT NO. 702: Submitted by First Christian Church of Anaheim, requesting a six-months extension of time to complete conditions; previously granted to establish a church, with waivers of maximum height and minimum front yard setback requirements; R-A zoned property, located on the south side of South Street, west of Harbor Boulevard~ The City Planning Commission, by motion, granted a six-months extension of time~ as requested. CONDITIONAL USE PERMIT NO. 939: Submitted by Ana Park, Inc., requesting a six-months extension of time complete conditions; previously granted to allow the establishment of a private school and related facilities; M-1 zoned property, located at 1557 West Mable Street. The City Planning Commission, by motion, granted a six-months extension of time, as requested. CONDITIONAL USE PERMIT NO. 958: Submitted by Anaheim Memorial Hospital Association, requesting approval of revised plans to permit expansion with two additional stories; R-A zoned property, located at the northwest corner of La Palma Avenue and West Street. The City Planning Commission, by motion, approved revised plans. CONDITIONAL USE PERMIT NO. 984: Submitted by Harry Houston, Agent for Petitioner, requesting a six-months extension of time to complete condi- tions; previously granted to allow the estai Lishment of a rest home on C-O zoned property located on the east side of Euclid Street, south of Palm Lane. The City Planning Commission, by motion, granted a one year ex- tension of time. The foregoing actions were reviewed by the City Council and no further action taken on the above applications. RECLASSIFICATION NO. 68-69-48: Initiated by the Anaheim City Council, to con- sider a change in zone from C-1 to R-A; property located north and east of the northeast corner of Euclid Street and Orangewood Avenue. The City Planning Commission, at their meeting held December 16, 1968, recommended by motion that said petition be withdrawn on the basis that the property owner had met the requirements of construction of a wall. By general consent of the City Council, on the recommendation of the City Planning Commission, petition was withdrawn. PROPOSED A ~MENT TO TITLE 18 - ANAHEIM MUNICIPAL CODE: City Planning Com- miss~ Resolution No~ PC68-369 was submitted, recommending that Title 18, Chapter 18.16, R-A, Agricultural Zone, Section 18.16.030 (4) be amended to read as follows: 18~16.030 (4) - Imcidental Sale of Agricultural Produce Grown on Premises Only. On motion by Councilman Clark, seconded by Councilman Dutton, Public Hearing on the above proposed amendment to Title 18, Anaheim Municipal Code, was set for January 28, 1969, 1:30 P.M. MOTION CARRIED. 69-18 City Hall~ Anaheim, California - COUNCIL MINUTES - Januarys77 ~ 1969~ 1:30 P.M. ORDINANCE NO. 2625: On report and recommendation of the Development Services De- partment, Councilman Clark offered Ordinance No. 2625 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING° (68-69-14 - Parcel B Only s R-2, 5,000.) RECLASSIFICATION NO. 68-69-14 - PARCELS A AND C: On report and recommendation of the Development Services Department and the City Engineer, Councilman Clark moved that a six-months extension of time for completion of conditions to Reclassification No. 68-69.-14, under Resolution of Intent Noo 68R-512, (Par- cels A and C, C-1 and C-O) be granted, subject to the condition that the road on the commercial portion of the subjec property be dedicated, prior to the second reading of Ordinance Noo 2625 on the residential tract. Councilman Schutte seconded the motion. MOTION CARRIED. gE~UEST - NOHL RANCH AGRICULTURAL PRESERVE: Request of the Orange County Planning Commission for recommendation regarding establishment of an Agricultural Pre- serve by Louis E. Nohl of a portion of the Nohl Ranch in the unincorporated area of Orange County, was submitted. Mr~ Thompson noted the location of the proposed 2,200 acre Agri- cultural Preserve on a map posted on the east Council wall, and briefly out- lined provisions of the Williamson Act which authorized governing bodies to establish such preserves. He noted that the period of the proposed preserve would be 10 years. Council discussion ensued, with regard to the effect of the proposal on future development in that area, at the conclusion of which Councilman Schutte moved that the Orange County Planning Commission be notified that the City of Anaheim wishes to make no protest. Councilman Clark seconded the motion. MOTION CARRIED° CHANGE ORDER NO. 2 - WORK ORDER NO~ 1952: On report and recommendation of the City Engineer, Councilman Dutton moved that Change Order No. 2, Work Order No. 1952, Anaheim Utilities Service Center, Phase III, adding the amount of $1,545~62, be authorized. Councilman Clark seconded the motion. MOTION CARRIED~ RESOLUTION NO. 69R-10 - WORK ORDER NO. 523A: Upon receipt of certification from the Director of Public Works, Councilman Schutte offered Resolution No. 69R-10 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 COM- PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF SUNKIST STREET, FROM LA PALMA AVENI~ TO LINCOLN AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 523-A. (R.J. Noble). Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, Clark and Pebley NOES: COUNCILMEN: Nona ABSENT: COUNCILMEN: Krein The Mayor declared Resolution No. 69R-10 duly passed and adopted. RESOLUTION NO. 69R-11 - WORK ORDER NO~ 263: Upon receipt of Certification from the Director of Public Works, Councilman Schutte offered Resolution No. 69R-11 for adoption. Refer to Resolution Book. 69-19 City Hall, Anaheim, California - COUNCIL MINUTES - January 7, 1969, 1:30 P.M. 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 COM- PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF LA JOLLA STREET, FROM KRAEMER BOULEVARD TO APPROXIMATELY 735 FEET WEST THEREOF, IN THE CITY OF ANAHEIM, WORK ORDER NO. 263. (R.J. Noble)° Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor declared Resolution No. 69R-11 duly passed and adopted. DEEDS OF EASEMENT: Councilman Clark offered Resolution Nos. 69R-12 to 69R-20, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 69R-12: A RESOLUTION OF £11E CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR PUBLIC STREET AND UTILITY PUR- POSES. (Southern Pacific Company). RESOLUTION NO. 69R-13: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ELECTRICAL TRANSFORMER, UNDER- GROUND CABLES AND APPURTENANCES. (Francis D. and Cleone C. Schultz). RESOLUTION NO. 69R-14: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ELECTRICAL TRANSFORMER, UNDER- GROUND CABLES AND APPURTENANCES. (Lloyd J. and Patricia A. Trapp). RESOLUTION NO. 69R-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Harvey E., Glenn M., and Roy L. Kirk). RESOLUTION NO. 69R-16; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Elmer V. and Ruth Evelyn Hall). RESOLUTION NO. 69R-17: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ELECTRICAL UNDERGROUND CABLES AND APPURTENANCES. (Robert H. and MarJorie W. Fackiner). RESOLUTION NO. 69R-18: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (New England Mutual Life Insurance Company). RESOLUTION NO. 69R-19: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (William F. and Nina M. Simmons). RESOLUTION NO. 69R-20: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Louis and Manuel Walter Company). Roll Call Vote: 69-20 City Hall, Anaheim, California - COL~CIL MINUTES - January 7~ 1969, 1:30 P.M. AYES: COUNCILMEN: Dutton, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor declared Resolution Nos. 69R-12 to 69R-20, both inclusive, duly passed and adopted. PURCHASE: The City Manager reported on the recommended purchase of 8 Motorcycles for the Police Department and advised that the one manufacturer, Harley-Davidson Motors, has submitted a quotation in the total delivered amount of $17,107.15, (including Sales Tax - no trade-ins). He noted that by negotiating a joint purchase with the City of Fullerton the City received a 10% discount on the motor units and recommended said purchase by authorized at this time. Councilman Dutton moved that the quotation of Harley-Davidson Motors be accepted and purchase authorized in the amount of $17,107.15, as recommended by the City Manager. Councilman Clark seconded the motion. MOTION CARRIED. CLAIMS AGAINST THE CITY: The following claims were denied, as recommended by the City Attorney, and ordered referred to the insurance carrier, on motion by Councilman Dutton, seconded by Councilman Clark: a. Claim of Mrs. Irene Johnson, for personal property damages pur- portedly sustained on or about July 18, 1968. b. Claim of Andrew Esparza, Eugene A. Fundum, Jerry Hill, Victor Meloni and Alexandra Stastny, for personal property damages purportedly sus- tained on or about September 30, 1968. c. Claim of Joseph Mo Farber for Blanche Farber, for personal in- jury damages purportedly sustained on or about November 14, 1968. MOTION CARRIED. WESTERN PIPE CASE - FINAL SETTLEMENT: The City Attorney submitted correspondence dated December 13, 1968, from the State of California, Office of the Attorney General, regarding Western Pipe Case, Final Settlement. RESOLUTION NO. 69R-21: On report and recommendation of Deputy City Attorney Alan Watts, and the City Manager, Councilman Clark offered Resolution No. 69R- 21 for adoption. Refer to Resolution Book. SETTLEMENT WESTERN PIPE AND CONSTRUCTION COMPANY. Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor declared Resolution No. 69R-21 duly passed and adopted. Councilman Dutton moved that the Mayor and City Clerk be authorized to sign the release in connection with the above settlement. Councilman Clark seconded the motion. MOTION CARRIED. ORANGE COUNTY SAFETY COUNCIL: Correspondence dated November 13, 1968, from the Orange County Safety Council was submitted, suggesting that the City of Ana- heim join other municipalities as a supporting member of the Orange County Safety Council. The City Council, by general consent, referred said request to the City Manager for investigation with other possible items to be considered in the forthcoming budget~ 69-21 City Hall, Anaheim~ California - COUNCIL MINUTES - January 7~ 1969~ 1:30 P.M. RESOLUTION NO. 69R-22: On the recommendation of the Director of Public Works, Councilman Dutton offered Resolution No. 69R-22 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 67R-303 RELATING TO FEES TO BE CHARGED AT THE ANAHEIM MUNICIPAL GOLF COURSE. (Student Golf Play - Katella, Kennedy, Loara, Magnolia, Anaheim, Savanna and Western lligh Schools.) Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor declared Resolution No. 69R-22 duly passed and adopted. RESOLUTION NO. 69R-23: Councilman Dutton offered Resolution No. 69R-23 for adop- tion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE COUNTY OF ORANGE, WITH REFERENCE TO ROADWAY IMPROVEMENTS ON GILBERT STREET BETWEEN KATELLA AVENUE AND BALL ROAD. (Estimated City Cost - $3,300.00.) Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor declared Resolution No. 69R-23 duly passed and adopted. PROPOSED CODE OF ETHICS: On motion by Councilman Schutte, seconded by Council- man Clark, Council consideration of the proposed Code of Ethics was deferred to the meeting of January 21, 1969, for a full Council. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed, on motion by Councilman Dutton, seconded by Councilman Schutte: ao City of Upland Resolution No. 2145 applauding the efforts of acting President of San Francisco State College. b. City of Chino Resolution No. 1291 - urging Legislators of the United States and the State of California to control the entrance of minors into Mexico and the narcotics, marijuana and dangerous drug problem in Cali- fornia. c~ Public Utilities Commission - Prehearing Conference - Pacific Lighting Group Companies' Rate Increase Applications Nos. 50713, 50714, and 50715. d. Before the Public Utilities Commission - Applications Nos. 50713, Southern California Gas Company; 50714, Southern Counties Gas Company; and 50715, Pacific Lighting Service and Supply Company - to increase rates. e. Before the Public Utilities Commission - Supplemental Order Case No. 8102. fo Minutes - Anaheim Public Library Board - Meeting of November 18, 1968. g~ Financial and Operating Reports for the month of November, 1968. MOTION CARRIED. ORDINANCE NO. 2606: Councilman Clark offered Ordinance No. 2606 for adoption. Refer to Ordinance Book. 69-22 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 7~ 1969~ 1:30 P.M. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (68-69~37 (1) - M-1 ~- Parcel 4.) Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor declared Ordinance Noo 2606 duly passed and adopted. ORDINANCE NO. 2619: Councilman Dutton offered Ordinance No. 2619 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (68-69-44 t R-A.) ~Orchard Drive Annexation). Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor declared Ordinance No. 2619 duly passed and adopted. ORDINANCE NO. 2623: Councilman Schutte offered Ordinance No. 2623 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 16 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING° (66-67-61 (19) - C-R.) Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor declared Ordinance No. 2623 duly passed and adopted. ORDINANCE NO. 2626: Councilman Clark offered Ordinance No. 2626 for first read- ing. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69 (31) - M-1.) ORDINANCE NO. 2627: Councilman Schutte offered Ordinance No. 2627 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61 (20) - C-R.) ALCOHOLIC BEVERAGE LICENSE APPLICATIONS: The following applications were presented by the City Manager to the City Council, for their information: a. Application submitted by ~he Inn Crowd, Inc., for On-Sale Beer, Person-to-Person Transfer for The Inn Crowd and Nutty Nero's Pizza, at 937 South Knott Avenue, Anaheim, C-1 zone. b~ Application submitted by Harold G. Baker and Everett Wayne Schick, for On-Sale Beer, Person-to-Person Transfer, for the Wishing Well, at 1007 E. Balsam, Anaheim, P-L zone. co Application submitted by Aladdin Restaurants, Inc., by Edward A. Bizar, President, for On-Sale General (Bona Fide Eating Place), Person- to-Person Transfer, for Ed Bizar Aladdin Restaurant, at 287 South Euclid Street, C-1 zone. 69-23 City Hall~ Anaheim~ California ~- COUNCIL MINUTES - January 7~ 1969, 1:30 P.M. d. Application submitted by Jerry D. O'Rear, for On-Sale Beer, Person-to-Person Transfer, for Musty, Jr., at 845 South Knott Avenue, C-1 zone. No Council action was taken on the above applications. REQUEST FOR CROSSING GUARD: Report of the City Engineer, regarding request for Crossing Guard at the intersection of Stonybrook Drive and Dale Street, was submitted, finding that warrants are not met for a crossing guard in that location. taken. On the recommendation of the City Engineer, no Council action was STATUS REPORT - PROPOSED CONSTRUCTION OF SIDEWALKS - EAST SIDE OF DALE AVENUE: Report of the City Engineer was submitted, indicating that negotiations are proceeding in the acquisition of right-of-way for the construction of side- walks on the east side of Dale Avenue, from Ball Road to Stonybrook Drive. RESOLUTION NO. 69R-24: On report and recommendation of the City Manager, Council- man Dutton offered Resolution No. 69R-24 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THAT THE CALIFORNIA HIGHWAY COMMISSION ESTABLISH DOUGLAS STREET AS A PERMANENT CROSS- ING OF THE ROUTE 57 ORANGE FREEWAY. Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor declared Resolution No. 69R-24 duly passed and adopted. PROPOSED COLCHESTER-BALL ANNEXATION (INHABITED): An excerpt of the City Planning Commission meeting held December 30, 1968, was submitted, recommending the proposed Colchester-Ball Annexation as a logical extension of the City's boundaries° RESOLUTION NO~ 69R-25: Councilman Clark offered Resolution No. 69R-25 for adoption. Refer te Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS FOR THE ANNEXATION OF INHABITED TERRITORY TO THE CITY OF ANAHEIM. (Colchester-Ball Annexation), Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein The Mayor declared Resolution No. 69R-25 duly passed and adopted. TELEVISING OF "COSMOPOLIS": At the request of the Mayor, the City Clerk read com- munication received ~ ~.~ Autonetics, announcing the showing of "Cosmopolis" on television, Monday, January 13, 1969, 10:00 P.M., on Channel 7. COMMENDATION OF CHIEF OF POLICE MARK ~..STEPHENSON: At the suggestion of Council- man Dutton, the City Council offered a special commendation to Police Chief Mark A. Stephenson, for securing the safety of President-elect Richard M. Nixon, during his recent appearance in Anaheim. ADJOURNMENT: Councilman Schutte moved to adjourn. Councilman Clark seconded the motion. ADJOURNED: 8:20 P.Mo City Clerk