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1969/06/0369-329 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - June 3~ 1969~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark COUNCILMEN: None CITY MANAGER: Keith A. Murdoch ASSISTANT CITY MANAGER: Robert Mo Davis CITY ATTORNEY: Joseph B. Geisler ASSISTANT CITY ATTORNEY: John Dawson DEPUTY CITY CLERK: Aloha M. Farrens CITY ENGINEER: James P. Maddox DIRECTOR OF DEVELOPMENT SERVICES: Alan G. Orsborn ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR~ Charles Roberts Mayor Clark called the meeting to order. INVOCATION: Mr. Ray Hansen, Director of the Y.M.C.A., gave the Invocation. FLAG SALUTE: Councilman Dutton led the Assembly in the Pledge of Allegiance to the Flag. RESOLUTION OF COMMENDATION: Mayor Clark issued a Resolution of Commendation to the Downtown Anaheim Kiwanis Club for sponsoring a Hearing Mobile at the Broadway Shopping Center, June 6-8, 1969. INTRODUCTION OF NEW EMPLOYEES: Lee Sale, of the City Personnel Department, introduced new employees attending the Council meeting as part of the City's orientation program. Mayor Clark welcomed the new employees to the City Family. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Krein moved to waive the reading in full of all 'ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen, unless after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNANI- MOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $590,293.04, in accordance with the 1968-69 Budget, were approved. PUBLIC HEARING - RECLASSIFICATION NO. 68-69-90: Submitted by Myrna Myron, request- ing a change in zone from R-1 to C-1 on property located at the northeast cor- ner of Center Street and State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC69-99, recommended said reclassification be approved, subject to the following con- ditions: 10 That the owner of subject property shall deed to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along State College Boulevard, including a 15-foot radius property line re- turn for street widening purposes. 2. That the owner of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along State College Boulevard and Center Street, for street lighting purposes. 3. That the owner of subject property shall pay to th~ City of Anaheim the sum of 15¢ per front foot along State College Boulevard and Cen- ter Street, for tree planting purposes. 4. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 5. That fire hydrants shall be installed as required and deter- mined to be necessary by the Chief of the Fire Department. 6. That a 6-foot masonry wall shall be constructed along the east property line. 7. That any air-conditioning facilities proposed shall be properly shielded from view, and the sound shall be buffered from adjacent residential homes. City Hall~ Anaheim~ California 69-330 COUNCIL MINUTES - June 3~ 1969~ 1:30 P.M. 8. That any parking area lighting shall be lighted with down- lighting a maximum 6 feet in height and shall be directed away from the property lines to protect the residential integrity of the area. 9. That Condition Nos° 1, 2, and 3, 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~ 10o That Condition Nos. 4, 5, 6, 7, and 8, above mentioned, shall be complied with prior to final building and zoning inspections Zoning Supervisor Charles Roberts noted the location of the subject property and described the surrounding land uses and zoning in the immediate area. He reported that although no development plans have been submitted the applicant intends to develop an enclosed restau- rant. Mayor Clark asked if the applicant or his agent was present and received no response~ Hearing no opposition to the subject applica- tion, he declared the hearing closed. RESOLUTION NO. 69R-321: Councilman Krein offered Resolution No. 69R-321 for adoption, authorizing preparation of necessary ordinance changing the sone as requested, subject to the conditions recommended by the City Plann- ing Commission. Refer to Resolution Book~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND 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. (68-69-90, C-l). Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 69R-321 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1098: Submitted by Joseph D. Huarte, to establish a 182-space mobile home park with waiver of minimum required setbacks on R-A (0) zoned property, generally located south of Frontera Street, with its westerly boundary being east of Rio Vista Street. The City Planning Commission, pursuant to Resolution No. PC- 69-97, denied said Conditional Use Permit. Appeal from action taken by the Planning Commission was filed by Henry Reichert for Joseph D. Huarte. Councilman Krein requested the record to show that he did not participate in the discussion, nor vote on this issue, and left the Council Table (1:45 p.m.). Mr. Roberts described the location of the subject property and the land uses and zoning surrounding the triangular parcel. With the aid of a plot plan posted on the east Council wall, he called atten- tion to the proposed north-south collector street on the westerly boundary of the subject property which will link Frontera Street with the residen- tial circulation pattern to the south, ultimately connecting with Dutch Avenue. A proposed east-west collector street was also noted which ultimately will be extended to Rio Vista Street to provide circulation to the area south of Frontera Street when it develops. He reported that the area south of Frontera Street is designated on the General Plan for medium-density development with a transitional area to buffer the existing R-1 development to the south, noting that this plan was followed in at least two other developments in the area where a tier of R-1 and R-2-5,000 homes was required in order to buffer existing R-1 homes. 69-331 ,City Hall~ Anaheim~ California - COUNCIL MINUTES - June 3~ 1969~ 1:30 P.M. Councilman Pebley called attention to the oil wells on subject property, the R-3 zoning approved to the east, and the proximity to the Riverside Freeway, and felt that the proposed mobile home park would be an ideal use for this parcel. He noted that in the past the City Council has indicated that the most appropriate location for such development is in low- medium and medium-density areas such as this. Mr. Roberts was of the opinion that the City Planning Commission would look more favorably upon a proposal to develop a row of single family homes abutting the existing R-1 homes with a mobile home park to the north, noting that the homes forming the buffer zone would be purchased with full knowledge of the adjoining higher density land use. In answer to Council questions, Mro Roberts stated that the pro- posed development falls into the low-medium density category with approxi- mately ten to eleven sites per net acre which is not considered to be an intense use. It was also noted that R-1 homes could not be built within a certain distance of the existing oil wells~ Mr. Roberts reported that efforts were made by the applicants and the staff to locate the mobile home sites as far away as possible from the existing single-family residences; that adjacent to the six-foot wall pro- posed along the south boundary, there will be a six-foot wide landscaped strip with trees at 20-foot intervals which is separated from the mobile home sites by an interior street 30 feet wide; therefore, all structures would be a minimum of 36 feet from the south property line adjacent to the R-1 develop- ment. He stated that the proposed planting is designed to be dense enough to provide additional screening above the height of the wall. It was observed that trailers would cause much less visual intrusion than would two-story homes. Mr. Henry Reichert, the proposed developer, reported that origin- ally a row of single-family homes were proposed along the south property line; however, when it was found that two collector streets would have to be devel- oped on the property, the proposal was found to be unfeasible. He noted the City Planning Commission objected to their next propos- al submitted on the basis that the mobile home sites were adjacent to the south property line. Following this, the applicant again attempted to include a row of R-1 homes, but the location of an existing oil well hampered development of a street to serve these homes. The only possible solution, if this approach was adopted, would be to place two-story homes within 20 feet of the south property line, which, of course, would create gross visual intrusion to the adjacent residences. He felt that the proposed mobile home park would be a much better solution for the people in the existing R-1 development. He in- dicated there would be no two-story mobile home units installed in the devel- opment, particularly, in the first row. Mr. Reichert requested consideration of a proposal to dedicate and post an improvement bond for the development of the street, whereby the en- tire parcel could be utilized for mobile home sites until the streets are needed by the City. The City Attorney recommended that the full dedication and improve- merit of the streets be made at this time if they are felt to be necessary; however, if there is some question whether or not the streets will actually be needed, a bond could be required for a period not to exceed two years. He advised against allowing the property to be used as part of the mobile home park during the interim period as litigation sometimes results from such arrangements. It was noted by the City Engineer that contact has been made with the Placentia Unified School District toward acquiring School District pro- perty for street purposes; however, no answer had been received from the State as yet. 69-332 ~ity Hall, Anaheim, California - COUNCIL MINUTES - June 3, 1969, 1:30 P.M. Mr. Thompson indicated that dedication of the School property is necessary to bring the proposed north-south collector street through to serve the future park. Councilman Pebley noted that if the School property is not available, there would be no need for the proposed north-south collector street beyond the entrance to the mobile home park. He, therefore, favored posting a bond for one year until that question has been resolved. In answer to Council questions, Mr. Reichert indicated that the proposed east-west collector street made it necessary to exclude the "not a part" parcel to the north from the subject development due to its irregular size and shape~ He pointed out that the proposed street serves no purpose at the present time, but will eventually serve the R-3 property to the east when it develops. It was his feeling, however, that this development would not take place for many years because of the producing oil wells on the property° Regarding the necessity for the proposed street, Mr. Thompson explained that the Traffic Engineer felt that the anticipated increase in density in the area indicated a need for collector streets in order to relieve the burden on the arterial highway which would become over- loaded if no interior circulation is provided; particularly if apartments develop in the area° Revised plot plans were reviewed by the City Council. Mr. Dave Huarte addressed the City Council on behalf of his father,the applicant. He stated that the owner of the oil rights on the property to the north and east, Mro Chester Dowling, has estimated that the wells will continue to produce for at least 25 to 30 years. If the east-west collector street is required, the only feasible use for the "not a part" parcel would be for farming. Mr. Don Roth, realtor, 1000 East Lincoln Avenue, reported that his firm carries a listing for the property immediately north of the subject property, and it is hoped that it will develop for either R-3 use or for mobile home park° He opposed the proposed east-west collector street as it would detrimental to his client's property. The City Manager advised the Council to consider the question of streets as they relate to the welfare of the entire City, rather than as they apply to individual parcels, and noted the responsibility of the City Council to provide for adequate circulation of the traffic generated by the development of properties in this area. Council discussion ensued regarding the benefits which would accrue to property owners in the area if the east-west street is required. In response to the question of whether other property owners should share in the cost of development, the City Manager advised that the proposed street will be used by each parcel which it serves, and therefore, the cost of development on each parcel should be borne by the owner of that property. Mr. Reichert requested approval of the application with develop- ment of the streets deferred until such time as needed. The City Manager advised that this would be reasonable if the application is granted in accordance with a plan which provides for future street dedication where indicated, with bonds to be posted for a two-year period for the actual improvement of the streets. The City Attorney recommended that if the application is granted in accordance with the recommendations of the inter-departmental committee, that Condition No~ 18 be amended to require approval of the Parkway Maintenance Superintendent and a supplemental amendment to Condition No. 1 be added to provide for future street dedication and improvement bonds. 69-333 City Hall, Anaheim~ California COUNCIL MINUTES -June 3~ 1969~ 1:30 PoM. The Mayor asked if anyone else wished to address the City Council, either in support of, or in opposition to, the subject application; receiving no response, he declared the hearing closed. RESOLUTION NO. 69R-322: Councilman Pebley offered Resolution No. 69R-322 for adoption, granting Conditional Use Permit No~ 1098, subject to the development in accordance with plans submitted, Revision No. 2, further subject to the following conditions recommended by the inter-departmental committee, amended as recommended by the City Attorney. 1. That the owner of subject parcel shall deed to the City of Anaheim for road and public utility purposes a strip of land 64 feet in width along the proposed east-west street alignment as shown on the develop- ment plans° The owner shall also deed to the City of Anaheim for road and public utility purposes: a) the westerly 59 feet of subject property south of the northerly property line of the Rio Vista Elementary School; b) the easterly 58 feet of the westerly 59 feet of subject property and the "not a part" parcel from the northerly property line of the Rio Vista Elementary School northerly to the present Anaheim City limit line; c) the easterly 53 feet of the westerly 54 feet of the "not a part" parcel north of the City limit line; d) necessary road transition for the north-south street; and e) a strip of land 71 feet in width from the north curb line along Frontera Street, including 15-foot radius property line returns. Supplemental Amendment to Condition No~ 1: Dedication of the north-south street shall be on the condition that the additional dedication for full width streets can be obtained or is dedicated on the west side of the street. Dedication for the east-west street shall be conditioned upon the extension of said street to the east. A bond shall be posted for the improvement of both streets for a period not to exceed two years. 2o That street improvement plans shall be prepared and all engineering requirements of the City of Anaheim along Frontera Street and the new east-west and north-south streets proposed, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appur- tenant 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 owner of subject property shall pay to the City of Anaheim the sum of $2°00 per front foot along the new east-west and north- south streets proposed and Frontera Street, for street lighting purposes. 4. That the owner of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along the new east-west and north- south streets proposed and Frontera Street, for tree planting purposes. 5. That sewer and public utility easements across the property shall be deeded to the City of Anaheim as required by the City Engineer and the Director of Public Utilities° 6. That a Parcel Map to record the approved division of subject property be submitted to the City of Anaheim for approval and then recorded in the office of the Orange County Recorder~ 7. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works, and that the number and lccation of the trash storage areas shall be subject to the approval of the Street and Sanitation Superintendent. 8. That fire hydrants shall be installed as required and deter- mined to be necessary by the Chief of the Fire Department. 9. That a 6-foot masonry wall shall be constructed along the northeasterly boundary line and to the rear of the required landscaped areas o£ the southerly, westerly and northerly boundaries of the proposed mobile home park. 10. That drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. 11. That a predetermined price for the 1-foot strip proposed to the west of the north-south street shall be calculated and an agreement for dedication entered into between the Developer and the City of Anaheim. The cost of the 1-foot strip shall include land and a proportionate share of the underground utilities and street improvements. 12. That any air conditioning facilities proposed shall be properly shielded from view, and the sound shall be buffered from adjacent residential homes. 69-334 City Hall~ Anaheim~ California - COUNCIL MINUTES June 3~_1969, 1:30 P.M. 13. That the proposed development shall be in accordance with the requirements of the State Trailer Act, and that plumbing shall be pro- vided in order that the mobile home park will accommodate all trailers and not be restricted to "California-approved trailers" only. utilities.14. That the proposed developmer~t shall be served by underground 15. That Condition Nos. 1, 2 3, and 4, above mentioned, hal~. be complied with prior to the time that the Building Permit is issued or within a period of 180 days from the date hereof, whichever occurs first, or such further time as the Commission or City Council may grant. 16. That Condition Nos. 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14~ above mentioned, shall be complied with prior to final building and zoning inspections. 17. That the owner of subject property shall pay to the City of Anaheim park and recreation fees of $50°00 for each trailer space, as re~ quired by City Council resolution, which shall be used for park and rec- reation purposes, said amount to be paid at the time the Building Permit is issued. 18. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, and 3, Revision Noo 2, provided that the 6-foot wide landscape area along the south boundary shall be planted and main- tained by the Developer subject to approval of the Parkway Maintenance Superintendent, and shall extend for the full width of the property. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDI- TIONAL USE PERMIT NO. 1098. Roll Call Vote: AYES: COUNCILMEN: Dutton, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSTAINEU: COUNCILMEN: Krein ABSENT: COUNCILMEN: None ed. The Mayor declared Resolution No. 691R-322 duly passed and adopt- Councilman Krein returned to the Council Table, 3:00 P.M. Additional discussion ensued regarding the "not a part" parcel which currently lies in County territory. Mr. Huarte verbally consented to the annexation of said parcel to the City. The City Manager indicated that a determination of whether the two collector streets will be necessary would be made as soon as possible, perhaps within two weeks. At that time, if the streets will not be neces- sary and the applicant desires to include the "not a part" parcel in the development, the City Council will then determine who will initiate an additional conditional use permit application for that parcel. PROPOSED MOBILE HOME STUDY: At the request of Councilman Dutton, the City Council, by general consent, authorized initiation of a study by the Planning Staff and City Planning Commission to determine whether mobile home parks are carrying their share of the tax burden, and if not, whether there are alternate steps that may be taken to assure an equitable dis- tribution of the costs of City services. PUBLIC HEARING - CONDITIONAL USE PERMIT NO~ 1110: Submitted by Maurice B. Dillow to establish retail distribution of tires, appliances and furniture to em- ployees of the surrounding industrial facilities, with waivers of minimum site area for retail service center in the industrial zone, and number of required parking spaces for retail commercial uses on M-1 zoned property, located on the west side of Fou~tain Way, north of La Palma Avenue, further described as 1159 Fountain Way. The City Planning Commission, pursuant to Resolution No. PC69-85 granted said Conditional Use Permit, subject to the following conditions: 69-335 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - June 3~ 1969~ 1:30 PoMo 1o That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, and 3~ 2. That no general retail operation shall be permitted except as presently exists with retail sales to the industrial employees in the general area; and that no advertising either through printed publication, or on-site or off-site signs shall be permitted, except as specifically permitted in Code: Section 18.52.050(2-a) o Review of action taken by the City Planning Commission was ordered by the City Council and public hearing scheduled this date. Councilman Dutton stated that the matters which prompted his request for review of the subject application have been resolved ~atisfag- torily; however, he felt that the scope of the operation exceeds those uses approved by the City Planning Commission, noting that members of the Anaheim Municipal Employees Association are among the applicant's clientele. Mr. Roberts briefed the history of the operation, tracing its beginning from a wholesale to what is now largely a retail operation, which requires a conditional use permit in the M-1 zone. Mr. Paul Lennard, proprietor of the Plus 5 Store, stated that he no longer sells appliances, that he sells furniture by catalogue only, and that his only inventory consists of tires which he sells on a wholesale basis. He stated that his customers are primarily employees of the industrial tract in which the store is located and their families; however, at the request of the Anaheim Municipal Employees Association, City employees were extended the courtesy of purchasing items through the Plus 5 Store. In answer to Council questions, Mr. Lennard, stated that he did collect sales tax, that he was trying to live up to the restrictions outlined in the City Planning Commission recommendation, amd, if necessary, he would be willing to notify the AMEA that City employees are no longer eligible to shop at the Plus 5 Store° Mr. Richard Teigen, 851 North Lincoln Street, Orange, owner of the building, noted that the business began as a wholesale tire operation which was allowed in the M-1 zone, and simply grew to accommodate the employees of the industrial tract. He felt that the retail operation should be allowed within the area circumscribed by the Planning Commission, except that families of the Autonetics employees should also be included. Mr. Lennard noted that there is an optical service in the subject area and felt that his operation was basically the same but involved different products. Council discussion ensued regarding the allowable uses in the M-1 zone and the nature of the business activities proposed by the applicant. It was the general consensus of the City Council that if the applicant could keep within the restrictions imposed by the City Planning Commission, he should be allowed to continue his present operation° At the conclusion of Council discussion, Mayor Clark asked if anyone else wished to address the City Council, and receiving no response, he declared the hearing closed° RESOLUTION NO. 69R-323: Councilman Schutte offered Resolution No. 69R-323 for adoption, granting Conditional Use Permit No° 1110, as requested, subject to the conditions recommended by the City ?lannin~ Commission. Refer to Resolution Book~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO~ 1110. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None 69-336 .City Hall, Anaheim, California - COUNCIL MINUTES - June 3~ 1969~ 1:30 P.M. The Mayor declared Resolution Noo 69R-323 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NOo 68-69-85 and VARIANCE NOo 2076: Sub- mitted by Mr° and Mrs. Walter Fluegge, requesting a change in zone from R-A to R-3, for Parcel Nos. 1 and 2, to establish a two-story, 227-unit apartment complex on three proposed building sites on Parcel No. 1 only, with waivers of maximum building height within 150 feet of a R-A zone, living units more than 200 feet away from a standard street, minimum number of covered parking spaces, minimum sideyard and minimum distance between buildings, R-A zoned property is generally located between Nutwood Street and Easy Way, north of Katella Avenue. The City Planning Commission, pursuant to Resolution No. PC- 69-95, recommended that said Reclassification be approved, subject to conditions, and pursuant to Resolution No° PC-69-96, granted said Vari- ance, subject to conditions. Mro Roberts noted the location of the subject property, and described the land uses and zoning in the immediate area, and briefed the evidence considered by the City Planning Commission. He noted that the waiver of maximum building height is necessary due to the proximity of the R-A zoned parcel to the southwest of the subject property, that the waiver of maximum distance from a standard street could be considered technical in nature as interior circulation was provided, and called attention to the open parking space provided in lieu of covered parking spaces. The Deputy City Clerk reported that several letters and peti- tions were submitted at the beginning of the meeting in opposition to the subject application, and requesting that Folsom and Crescent Streets be joined and sidewalks installed, and further requesting closing of the two alley ways on Nutwood Street, and provision for additional parking spaces above the number proposed in the subject application. The City Engineer reported that when the subject application was reviewed by his staff the possibility of placing a street on a line with Crestwood Lane was considered, but was not recommended due to the detrimental effect it would have on the subject property. Councilman Krein noted that the Council and the staff had no opportunity to analyze the petitions and request, and felt they should be referred to the City Engineer for study and analysis. The City Attorney noted that one of the persons in the audience who wished to present evidence in opposition to the subject application was a member of a criminal jury panel and may not be able to attend a later meeting if public hearing is continued, and suggested that the City Council may wish to hear her objection. Mrs. Nancy McFarland, 1803 West Sumac Lane, stated that Nutwood Street was very narrow and no continuous sidewalks for the children to use going to and from school; therefore, they had to walk along the railroad tracks. She opposed the subject application on the basis that two-story construction would be allowed too close to R-1 homes, traffic and on-street parking would increase, and the James Madison School would become even more overcrowded. It was noted by members of the staff and City Council that Nutwood Street would be widened and sidewalks installed on the subject property if the application is approved, and that there would be no two-story construction allowed within 150 feet of any single-family residence. At the conclusion of Mrs° McFarland's testimony, Councilman Krein moved that public hearing on Reclassification No. 68-69-85 and Variance No. 2076 be continued to the meeting of June 17, 1969, 1:30 P.M. to allow for study and analysis of the petition submitted and an addi- tional report from the City Engineer. Councilman Pebley seconded the motion. MOTION CARRIED~ 69-337 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 3~ 1969~ 1:30 P.M. RECESS: Councilman Pebley moved for a 15-minute recess; Councilman Dutton seconded the motion. MOTION CARRIED. (3:55 p.m~)o AFTER RECESS: Mayor Clark called the meeting to order, all members of the City Council being present. SIDEWALK WAIVER - 3070 to 3082 MIRALOMA AVENUE: Request of John E. Dunn, Vice President of Geary-Dunn Development Corporation, for temporary waiver of sidewalks at 3070 - 3082 Miraloma Avenue, was submitted~ On the recommendations of the City Engineer, Councilman Dutton moved that said temporary sidewalk waiver be granted, provided that no permanent planting or permanent-type improvements be permitted within the area reserved for future sidewalk. Councilman Krein seconded the motion. MOTION CARRIED. FIREWORKS DISPLAY PERMIT - DISNEYLAND, INC: Application filed by Ro R. Contrucci, President of California Fireworks Display Company, for permit to allow pub- lic fireworks displays from June 21 through December 31, 1969, at Disneyland Park, Inc., was submitted and granted as requested, on motion by Councilman Krein, seconded by Councilman Schutte. MOTION CARRIED. REQUEST - LINCOLN PARK SAFETY COMMITTEE: Request of Mr~ Ron Martin, representa- tive of the Lincoln Park Safety Committee, for discussion of traffic hazards in the area of Broadway between Euclid Avenue and Brookhurst Street, was submitted. Before opening discussion, the Deputy City Clerk was requested to read the report submitted by the City Engineer, recommending that an actu- ated vehicle-pedestrian traffic signal be installed at the intersection of Agate Street and Broadway. It was suggested by Councilman Pebley that the City Council con- sider relocating the signal at the intersection of Cypress Street and Anaheim Boulevard as it no longer appeared to be necessary in that location. Mr. James Murray, 1900 West Victoria Avenue, stated that the Lincoln Park Safety Committee represents 1,137 persons who signed a petition for the installation of a traffic signal at the subject intersection, and they also wished to discuss other measures that may be taken to insure the safety of both children and adults when crossing Broadway, noting that there are no recreational facilities within the large residential tract on the north side of Broadway~ He cited the recent fatal accident which occurred in the crosswalk at the intersection of Agate Street and pointed out that traffic often moves at speeds up to 10 or 20 miles per hour above the posted speed limit. Councilman Schutte left the Council Chambers (4:20 p.m.). Mr. Ron Martin, 2003 West Broadway, stated that his home was located at the corner of Broadway and Agate Street and reported his obser- vations regarding traffic conditions in the area. He felt that the posted speed limit was too high, that there was poor law enforcement, that many accidents resulted from improper signaling when no turn was actually made, that the crosswalk was poorly situated, that drivers honked and swore at children using the crosswalk, that people were unable to back out of their driveways onto Broadway, that the street was used as a drag strip ~t night, that vision is impaired by a three-foot block wall fence at the corner of Agate and Broadway, and that since Fed-Mart opened traffic traveling north on Broadview had increased~ Mayor Clark asked Mr. Martin if he was satisfied with the recom- mendation of the City Engineer to install a signal at the Agate Street intersection, noting that it would be accomplished within 70 days° Mr. Martin replied that approximately 60 children cross the street at that location and that many more crossed at other points° Mr. Pat Ramstack, 234 Echo Street, distributed copies of the Lincoln Park Safety Committee report, dated June, 1969, containing a petition purportedly signed by 1,137 persons, 69-338 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 3, 1969~ 1:30 P.M. and summarized the findings contained therein. He felt that the place- ment of the crosswalk at Agate Street contributed to the hazard involved in crossing the street. City Traffic Engineer Edward Granzow reported that when an intersection is signalized, it is normal practice to angle the crosswalk in order to better define the roadway; and noted that crosswalks will be installed in all four directions if signalization is authorized. By general consent of the City Council, the report of the Lincoln Park Safety Committee was referred to the Traffic Engineer for study and analysis, and the original petition was returned at the request of Mr. Ramstack. On motion by Councilman Dutton, seconded by Councilman Pebley, installation of an actuated vehicle-pedestrian traffic signal at the intersection of Agate Street and Broadway was authorized, as recommended by the City Engineer. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 992: The Deputy City Clerk noted receipt of letter dated May 23, 1969, from homeowners adjoining the Del Prado Mobile Home Park, indicating that the landscape screen adjacent to the block wall which was required by action of the City Council at the meeting of April 22, 1969, in connection with Conditional Use Permit No. 992, has been installed to the satisfaction of each individual property owner. It was the finding of the City Council, on motion by Councilman Dutton, seconded by Councilman Krein, that the landscaping provided sub- stantially complies with the required condition of approval. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 1065 - EXTENSION OF TIME: Request of Maynard Kam- bak, of Incentive Aid Foundation, dated June 2, 1969, was submitted for a 180-day extension of time to Conditional Use Permit No. 1065. On motion by Councilman Dutton, seconded by Councilman Krein, a 180-day extension of time was granted to said Conditional Use Permit, as requested. MOTION CARRIED. ORANGE COUNTY CHANGES OF ZONE NOS. 66-24 AND 66-26: Excerpt of the City Planning Commission meeting held June 2, 1969, pertaining to Orange County Changes of Zone Nos. 66-24 and 66-26 from the Agricultural- Residential District to the Local Business District on two parcels of land located on the south side of Santa Ana Canyon Road, approximately two miles east of Imperial Highway, recommending denial, was submitted. Councilman Dutton moved that the recommendations of the City Planning Commission be sustained and forwarded to the Orange County Planning Commission. Councilman Pebley seconded the motion. MOTION CARRIED. ORANGE COUNTY USE VARIANCE NO. 6244: It was reported by the Director of Development Services that Orange County Use Variance No. 6244 was con- tinued by the Orange County Planning Commission to be considered at their next meeting June 4, 1969. Councilman Dutton noted that a motion to sustain the recommenda- tion of the City Planning Commission to deny said application failed to carry by a 2 to 2 vote at the City Council meeting held May 13, 1969. Since a full Council was present, he suggested the matter again be sub- mitted to a vote. Mr. Thompson gave a brief report on the application for the information of Councilman Pebley who was absent at the meeting of May 13, 1969. It was moved by Councilman Dutton, seconded by Councilman Krein, that the recommendation of the City Planning Commission for denial of Orange County Use Variance No. 6244 be sustained and forwarded to the 69-339 City Hall~ Anaheim~ California ~ COUNCIL MINUTES - June 3~ 1969, 1:30 P.M. Orange County Planning Commission. MOTION CARRIED. (To the foregoing motion, Councilmen Schutte and Clark voted "No.") CHANGE ORDER NO. 1 - WORK ORDER NO. 343: On the recommendation of the City Engin- eer, Councilman Krein moved that Change Order No. 1, Work Order No. 343, con- sisting of a net increase of $3,920.93 in the contract price be authorized. Councilman Dutton seconded the motion. MOTION CARRIED. RESOLUTION NO. 69R-324 - WORK ORDER NO. 568-A: Councilman Krein offered Resolution No. 69R-324 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMIN- ING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COM- PLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF KATELLA AVENUE FROM KATELLA WAY TO APPROXIMATELY 450 FEET WEST OF KATELLA WAY, IN THE CITY OF ANAHEIM, WORK ORDER NO. 568-A. APPROVING THE DESIGNS, PLANS, PROFILES, DRAW- INGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUC- TION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVIT- ING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened, June 26, 1969, 2:00 P.M.). Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 69R-324 duly passed and adopted. RESOLUTION NO. 69R-325 - WORK ORDER NO. 345: Councilman Krein offered Resolution No. 69R-325 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMIN- ING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COM- PLETION OF A PUBLIC IMPROVEMENT, TO WIT: BOX OFFICE ADDITION FOR THE ANAHEIM CONVENTION CENTER, IN THE CITY OF ANAHEIM, WORK ORDER NO. 345; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORD- ANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUC- TION THEREOF. (Bids to be Opened, July 10, 1969, 2:00 P.M.) Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 69R-325 duly passed and adopted. FINAL ACCEPTANCE: Upon receipt of certification from the Director of Public Works, Councilman Dutton offered Resolution Nos. 69R-326 to 69R-328, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 69R-326 - WORK ORDER NO. 343: 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 TRANS- PORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECES- SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF CROWTHER AVENUE, FROM KRAEMER BOULEVARD TO APPROXIMATELY 1,531 69-340 ~ity Hall, Anaheim, California - COUNCIL MINUTES - June 3~ 1969, 1:30 P.M. FEET EAST THEREOF, IN THE CITY OF ANAHEIM, WORK ORDER NOo 343 (Smith Electric Supply)~ ' RESOLUTION NO. 69R-327 - WORK ORDER NO~ 555-A: 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 PER- FORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: FURNISHING AND INSTALLING TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF KATELLA AVENUE AND WALNUT STREET, IN THE CITY OF ANAHEIM, WORK ORDER NOo 555-A. (William R.Hahn). RESOLUTION NO. 69R-328 - WORK ORDER NO. 6005: 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 INCLL~ING POWER, FUEL AND WATER, AND THE PER- FORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: CONSTRUCTION OF THE ANAHEIM FILTRATION PLANT, ADJACENT TO THE WALNUT CANYON RESERVOIR, IN THE CITY OF ANAHEIM, WORK OR- DER NO. 6005. (Pascal and Ludwig, Inc.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution Nos° 69R-326 to 69R-328, both in- clusive, duly passed and adopted. RIGHT-OF-WAY CERTIFICATIONS: On the recommendations of the City Engineer, it was moved by Councilman Pebley, seconded by Councilman Dutton, that the Mayor and City Clerk be authorized to sign right-of-way certifications in connection with the right-of-way for the following projects: a. AoH.F.P. Street Improvement - Project No. 444, Euclid Street, from La Palma Avenue to Crescent Avenue. bo AoHoF.P. Street Improvement - Project No. 446, Euclid Street, from Broadway to Ball Road. c. A~H.F.P. Street Improvement - Project No. 480, Harbor Boule- yard, from Broadway to Ball Road~ MOTION CARRIED. RESOLUTION NO. 69R-329: On the recommendation of the City Attorney's office, Councilman Schutte offered Resolution No. 69R-329 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT AND AUTHORIZING THE PAYMENT OF CERTAIN MONIES IN CONNECTION THEREWITH. (Glen L. Johnson - $4,306.63 Extension of Grove Street. Roll Call Vote~ AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No~ 69R-329 duly passed and adopted. PROPOSED PURCHASE OF PROPERTY° The Assistant City Manager reported on the pro- posed purchase of an additional approximate 10 acres of property, located immediately south of Boysen Park, (southwest corner of State College Bou- levard and Vermont Avenue), being a portion of the Henry Wagner Estate, and recommended a firm offer be made of $35,000.00 per net acre to the estate, with a deposit of 1% of the total amount. Mr. Davis indicated it would be desirable to spread the purchase price over a period of 2 years, 69-341 City Hall, Anaheim~ California - COUNCIL MINUTES - June 3~ 1969~ 1:30 P.Mo if acceptable to the owner~ Mro Orsborn noted that the price of $35,000.00 is for net acreage, and on the basis of a total cash payment. It was noted that the existing home on the property could be util- ized by the City. On recommendation of the Assistant City Manager and the Director of Development Services, Councilman Dutton moved that a firm offer for the acquisition of said property from the Wagner Estate be authorized at the price of $35,000.00 per net acre, and that the deposit of 1% of the purchase price accompany said offer and be authorized from the Capital Improvement Fund. Councilman Pebley seconded the motion. MOTION CARRIED. RESOLUTION NO. 69R-330: Councilman Dutton offered Resolution No. 69R-330 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE CITY OF PLACENTIA WITH REFERENCE TO THE MAINTENANCE OF TRAFFIC SIGNALS. (Orangethorpe Avenue and Kraemer Boulevard Intersection). Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-330 duly passed and adopted. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Pebley, seconded by Councilman Dutton: ao Minutes - Anaheim Public Library Board - Meeting held April 21, 1969~ b. Financial and Operating Reports for the month of April, 1969. c. Town of Emeryville - Urging support of legislation designed to protect San Francisco Bay. d. Before the Public Utilities Commission - Application of Douglas Bus Lines, Inco, for authority to extend service area to serve the "Autonet- ics" Laguna Niguel Facility at 2400 Avila Road, Laguna Niguel, California. e. Controller of the State of California Apportionment of Trailer Coach Fees. MOTION CARRIED. LETTER OF COMPLAINT: Mayor Clark noted receipt of a letter from Mr. Klaus Fried- rich, 2123 West Crestwood Lane, Anaheim, dated June 1, 1969, opposing the City Ordinance which prohibits ball playing on City streets. The City Council, by general consent, referred the matter to the City Attorney's office. LETTER OF COMPLAINT: Mayor Clark noted receipt of letter from Mr. J0 Daniel Det- wiler, 2116 South Sycamore, Santa Ann, dated May 30, 1969, regarding the pro- jection failure at the Convention Center Closed Circuit Television Screening of the Indianapolis 500 Race. It was noted by the City Attorney that the City of Anaheim is not involved in the production of such shows; that it is the producer who is res- ponsible for equipment failures of this nature. Said correspondence was ordered received and filed by general con- sent of the City Council. 69-342 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 3~ 1969~ 1:30 P.M. PROPOSED BUDGET - 1969-70: On motion by Councilman Krein, seconded by Council- man Schutte, Public Hearing was scheduled on Proposed 1969-70 Budget, June 24, 1969, 1:30 P.M. MOTION CARRIED. Councilman Krein left the Council Chambers, 5:15 P.M. ORDINANCE NO. 2691: Councilman Dutton offered Ordinance No. 2691 for adop- tion. Refer to Ordinance Book° AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING° (68-69-67 - R-3). Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Schutte, Pebley and Clark None Krein None The Mayor declared Ordinance No. 2691 duly passed and adopted. ORDINANCE NO. 2693: Councilman Schutte offered Ordinance No. 2693 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING~ (66-67-61 (23) C-R). ORDINANCE NO. 2694: Councilman Pebley offered Ordinance No. 2694 for first reading. AN ORDINANCE OF THE C%TY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (68-69-38 - C-l). Councilman Krein returned to the Council Chambers, 5:20 P.M. RESOLUTION NO. 69R-331: On report and recommendation of the City Manager, Councilman Dutton offered Resolution No. 69R-331 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM OPPOSING SENATE BILL NO. 1414, Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark None None The Mayor declared Resolution No. 69R-331 duly passed and adopted. RESOLUTION NO. 69R-332: On recommendation of the City Manager, Councilman Krein offered Resolution NOo 69R-332 for adoption° Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING THAT ALL PROPERTY WITHIN THE CITY SHOULD BE EXEMPT FROM COUNTY STRUCTURAL FIRE PROTECTION TAX° Roll Call Vote: 69-343 City Hall, Anaheim, California - COUNCIL MINUTES - June 3, 1969, 1:30 P.M. AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-332 duly passed and adopted. AD3OURNMENT: Councilman Krein moved to adjourn. Councilman Pebley seconded the motion. MOTION CARRIED. ADJOURNED: 5:35 P.M. SIGNED Deputy City Clerk City Hall, Anaheim, California - COUNCIL MINUTES June 10, 1969, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark COUNCILMEN: None CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Williams CITY ENGINEER: 3ames P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor C~rk called the meeting to order. INVOCATION: Reverend Dean Humbert, of Trinity United Methodist Church, gave the Invocation. FLAG SALUTE: Councilman Krein led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATION: Mayor Clark proclaimed the date of June 14, 1969, as Y.M. CoA. Day. MINUTES: Minutes of the Anaheim City Council meeting held May 13, 1969, were approved on motion by Councilman Schutte, seconded by Councilman Krein. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Dutton moved to waive the reading in full of all ordinances and resolutions, and that con- sent to the waiver of reading is hereby given by all Councilmen, unless after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Krein seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINAlqCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $536,946.83, in accordance with the 1968-69 Budget, were approved. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 115 AND THE PRECISE ALIGNMENT OF WEST STREET: Initiated by the City Planning Commission, to consider an amend- ment to the Anaheim General Plan Circulation Element, changing the classi- fication of West Street from approximately 122 feet north of Hampshire Avenue, south to Cerritos Avenue, from a Secondary to a Major Highway; further to consider the proposed realignment of West Street north and south of Ball Road.