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1969/08/1969-520 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 19, 1969~ 1:30 P..Mo The City Council of the City of Anaheim met in regular session. PRESENT~ COUNCILMEN~ Dutton, Krein, Schutte and Clark ABSENT~ COUNCILMEN~ Pebley PRESENT: ADMINISTRATIVE ANALYST: John Harding CITY ATTORNEY~ Joseph B. Geisler DEPUTY CITY CLERK: Alona Mo Farrens CITY ENGINEER~ James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR~ Charles Roberts Mayor Clark called the meeting to order. INVOCATION~ Reverend Meehan~ of the Anaheim Friends Church~ gave the Invocation° FLAG SALUTE~ Councilman Dutton led the Assembly in the Pledge of Alle- giance to the Flago PRESENTATIONS BEFORE THE CITY COUNCIL - TIME LIMIT: Pursuant to Council discussion held July 29, 1969, Mayor Clark announced that pre- sentations before the City Council from the public will be lim- ited to five minutes. MINUTES: Minutes of the Anaheim City Council meeting held August 5, 1969, were approved on motion by Councilman Dutton, seconded by Councilman Kreino 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 Schutte seconded the motion° MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $326,603.49, in accordance with the 1969-70 Budget, were approved. PUBLIC HEARING - RECLASSIFICATION NO. 69-70-1 AND VARIANCE NO. 2100: Submitted by David S. Collins, requesting a change in zone from R-A to R-3, with the following waivers, to establish a lO0-unit apartment complex on pro- perty located west of the knuckle intersection of Pearl Street: 1o Maximum lot coverage 2. Maximum building height within 150 feet of R-O zoned properties 3. Maximum building height 4. Minimum distance between buildings 5o Minimum distance between accessory buildings and property line 6o Minimum distance between building and property line 7o Distance of a living unit from a standard street 8. Minimum parking stall size The City Planning Commission, pursuant to Resolution No. PC69- 154, recommended said reclassification be approved, subject to the follow- ing conditions: 1. That the owner of subject property shall pay to the City of Anaheim the sum of $2°00 per front foot along Wilshire Avenue and Pearl Street, for street lighting purposes. 2. That the owner of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Pearl Street, for tree plant- ing purposes. 3o 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. 69-521 City Hall, Anaheim, California - COUN~!L MINUTES - August 19, 1969, 1:30 P.M. 4o That the sidewalks and driveways shall be installed along Pearl Street and driveways shall be installed along Wilshire Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer. 5° That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works~ 6o That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department. 7o That a 6-foot masonry wall shall be constructed along the north property lineo 8o That this development shall be served by underground utilities. 9. That any air-conditioning facilities proposed shall be properly shielded from view, and the sound shall be buffered from adjacent residential homes. 10o That the owner of subject property shall pay to the City of Ana- heim park and recreation fees of $75°00 per dwelling unit as required by City Council Resolution, which shall be used for park and recreation purposes, said amount to be paid at the time the Building Permit is issued° 11. That Condition Nos~ 1 and 2, 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° 12o That Condition Nos. 3, 4, 5, 6, 7, 8, and 9, above mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No° PC69-155, granted said variance in part, granting Waivers 2 through 7, above, and deny- ing Waivers 1 and 8, subject to the following conditions: 1o That this variance is granted subject to the completion of Re- classification Noo 69-70-1o 2° That the owner of subject property shall provide and improVe a peripheral 20-foot wide vehicular ingress and egress easement along and south of the south property lines of subject parcel. 3° That subject property shall be developed substantially in ac- cordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, 3, and 4, provided, however, that the coverage of subject property shall conform with the maximum permitted in the R-3 Zone, and further provided that parking stalls shall be in conformance with Code requirements, as stipulated to by the petitioner. Zoning Supervisor Charles Roberts described the location of the subject property, being north and east of the intersection of Lincoln Avenue and Wilshire Avenue, and outlined the surrounding uses and zoning in the im- mediate area, noting the single-family, R-O zoned subdivision to the north. The evidence considered by the Planning Commission was summarized, indicating the basis for denial of waivers 1 and 8o Waivers 2 and 3 were deemed appro- priate by the Commission since the first story of the proposed development will be more than 50% below the grade of the adjacent property to the north, thereby creating an effective height of 1-1/2 stories for the northerly build- ing and 2-1/2 stories for the southerly building° Councilman Dutton called attention to the finding contained in the Staff Report, which indicates that the requested waiver of maximum lot cover- age was necessary mainly because the developer proposed 33 more covered park- ing spaces than would be required by Code. Mro Roberts indicated this was correct, however, if the 33 additional spaces were not covered, lot coverage would still be in excess of 55%. It was also noted that the Applicant proposed that parking stalls be 8-feet wide, rather than 10-feet wide, as required by Code. Mayor Clark asked if the Applicant was present and wished to address the City Council. Mr. David S. Collins, 1077 West Ball Road, made the following state- ments in support of the requested waivers: 69-522 City Hall, Anaheim, California - COUNCIL MINUTES - Ausust 19.~ 1969~ 1:30 PoMo Lot coverage has been reduced from the 64% proposed at the Plann- ing Commission hearing; access for emergency equipment on the south side of the subject property has been provided as recommended by the Fire De- partment by obtaining a 20-foot easement along the south property line; the open space provided by the easement should be taken into account as a justifying factor regarding the requested waiver of maximum lot cover- age; if the additional garages were uncovered, the development would be within one to two percent of the lot coverage requirement; the overall merits of the entire project should be taken into consideration regard- ing the requested waivers. Architectural renderings and plot plans were posted on the ex- hibit wallo Mr. Collins described the proposed development as the finest quality apartments that could be built within the limitations of financ- ing requirements, with central air-conditioning and other luxury features, high quality landscaping with a running stream and waterfalls, at a cost of $100,000.00 more than normally would be expended° He stated that the property itself was owned free and clear. Mr. Collins felt that the proposed lot coverage was close enough to Code requirements to justify granting that requested waiver and that the total amount of usable recreation area was in excess of what is re- quired. In support of his statement regarding the cost of the proposed landscaping, Mr~ Collins indicated that shrubbery alone would cost $75,000.O~o Mr. Ronald A. Karos, 1077 West Ball Road, proposed builder, in- dicated that parking stalls 10-feet in width would be provided as required, thereby eliminating the necessity for Waiver Noo 8. He showed slides de- picting the proposed development, noting that the buildings are actually composed of three separate sections and when computed on that basis, lot coverage is 60%, rather than 64%. A slide depicting a cross-section view of the proposed development was shown, indicating the line of sight from the uppermost balcony on the thicd floor to the homes in the R-O develop- ment to the north, noting that the design of the development eliminates any visual intrusion. Mr. Karos noted that plans were made available to the Westmont Home Owners Association, who subsequently made suggestions which were agreed to, in order to provide a better buffer area by moving the garages on the north side to the property line. An overlay was used to illustrate that the line of sight previously shown would not be changed appreciably by this revision, and the privacy of the R-O homes would be maintained. Mr. Karos stated that Code provisions allow one unit per 1,200 square feet of property, whereas this project would offer one unit per 1,700 square feet of property. Mayor Clark invited other interested persons to address the City Council° Mr. John Kimball~ 1424 Birchmont Drive~ stated his home is to the north of the subject property, and that he opposed the development as originally presented, mainly on the basis of the alley which was to be located adjacent to his rear property line; however, since the proposed relocation of the alley has been agreed to by the Applicants, he would withdraw his opposition° He requested assurance that any lighting to be installed in the alley would be directed away from the single-family homes. He noted that the back entrance to his home was located only 27 feet from the rear property line, and there are 6 homes in the R-O subdivision which abut the subject property. Dr° McLemore Bouchelle, 1416 Birchmont Drive, felt that the Ap- plicants had shown consideration for the adjacent home owners, and approved of the relocation of the proposed garages along the property line. He stated he would, however, prefer to see an 8-foot wall constructed along the property line~ rather than a 10-foot wall. 69-523 City Hall, Anaheim, California - COUNCIL MINUTES - August 19~ .1969~ 1:30 P.M. There being no further opposition, Mayor Clark asked if the Appli- cants wished to respond to the last suggestion. Mr. Collins stated that they would agree to all suggestions made~ that lighting would be no problem, and that he will stipulate to that condi- tion. Regarding the height of the garages, he indicated that a revision could be made whereby garages would be placed below the grade level of the adjacent residences, thereby effecting the height desired by Dr. Bouchelle. Mr. Karos further assured Dr. Bouchelle that in doing so the same line o£ sight would be maintained by raising the mansard at the front of the garage structure. In answer to Council questions Mr. Collins explained that some pump- ing will be required to provide adequate drainage from the property° There being no further evidence to be presented, Mayor Clark declared the hearing closed. RESOLUTION NOo 69R-482: Councilman Dutton offered Resolution NOo69R-482 for adoption , authorizing the 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. (69-70- 1 - R-3). Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley The Mayor declared Resolution No. 69R-482 duly passed and adopted. RESOLUTION NO. 69R-483: Councilman Dutton offered Resolution Noo 69R-483 for adoption, granting Variance No. 2100, with the exception of Waiver No. 8, which was withdrawn by the Applicant; allowing a maximum of 60% lot coverage under Waiver No. 1, as stipulated to by the Applicant; subject to Conditions No. 1 and 2, recommended by the City Planning Commission, and further subject to the following conditions: 3. That subject property shall be developed substantially in accord- ance with specifications on file with the City of Amaheim, marked Exhibit Nos. 1, 2, 3, and 4, and required revisions thereto to be approved by the Develop- ment Services Department Staff° 4° That lighting in the northerly alley on subject property shall be directed away from the R-O residences to the north. 5. That the wall along the northerly line of subject property be constructed no higher than eight feet abow th~ grade of the adjacent property. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2100o Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte and Clark NOES! COUNCILMEN: None ABSENT: COUNCILMEN: Pebley The Mayor declared Resolution No. 69R-483 duly passed and adopted. 69-524 City Hall; Anaheim~ California - COUNCIL MINUTES - August 19, 1969, 1:30 PoM~ PUBLIC HEARING - RECLASSIFICATION NOo 69-70-2 AND VARIANCE NOo 2102: Submitted by Albert F. Urbigkeit, requesting a change in zone from R-A to R-3, with the following waivers, to establish a 224-unit, two-story apartment com- plex, on property located on the south side of Lincoln Avenue, west of Dale Avenue: 1o Number of main buildings on a site Distance of living units from a standard street 3. Maximum building height within 150 feet of R-A zoned property 4. Minimum front setback 5. Adequate access and circulation for fire and trash vehicles The City Planning Commission, pursuant to Resolution NOo PC69- 156, recommended said reclassification be approved, subject to the follow- ing conditions: 1. That a modified cul-de-sac shall be provided at the terminus of Baywood Avenue, subject to the approval of the City Engineer° 2. That all engineering requirements of the City of Anaheim along Lincoln Avenue, including preparation of improvement plans and in- stallation of all improvements, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work, shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer, and that street lighting facilities along Lincoln Avenue shall be installed as required by the Director of Public Utilities and in ac- cordance with standard plans and specifications on file in the office of the Director of Public Utilities, and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guar- antee the installation of the above-mentioned requirements~ 3° That the owners of subject property shall deed to the City of Anaheim a lO-foot wide pedestrian easement along the west property line south of Baywood Avenue to the Carbon Creek Flood Control Channel° 4. 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. 5. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works° 6. That fire hydrants shall be installed as required and deter- mined to be necessary by the Chief of the Fire Department. 7o That any air-conditioning facilities proposed shall be pro- perly shielded from view, and the sound shall be buffered from adjacent residential homes° 8: Drainage of subject property shall be discharged in a manner that is satisfactory to the City Engineer. 9. That this development shall be served by underground utilities. 10o That vehicular access rights to Baywood Avenue shall be dedi- cated to the City of Anaheim° 11o That Condition Nos~ 2, 3, 4, and 10, 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° 12o That Condition Nos° 1, 5, 6, 7, 8, and 9, above mentioned, shall be complied with prior to final building and zoning inspections° 13o That the owners of subject property shall pay to the City of Anaheim park and recreation fees of $75°00 per dwelling unit, as required by City Council Resolution, which shall be used for park and recreation purposes, said amount to be paid at the time the Building Permit is issued. The City Planning Commission, pursuant to Resolution No° PC69- 157, granted said variance, subject to the following conditions: 1o That this variance is granted subject to the completion of Reclassification No~ 69-70-20 2~ That subject property shall be developed substantially in ac- cordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos° 1, 2, and 3; provided, however, that a 10-foot easement 69-525 City Hall, Anaheim, California - COUNCIL MINUTES - August 19, 1969, 1:30 P.M. for pedestrian access to the proposed park~ite shall be provided along the westerly property line extending southerly from Baywood Avenue to the flood control channel; and further provided that revised plans reflect adequate access and circulation for fire and trash vehicles as stipulated by the pe- titioner. Mr. Roberts noted the location of the subject property and the ex- isting uses and zoning in the immediate area. He reported that the Applicants will provide adequate access for fire and trash vehicles, and that walls lo- cated on the Lincoln Avenue frontage will not exceed 42 inches in height, which is permitted in the required setback. The condition which requires pedestrian access to Schweitzer Park and School, to which the Applicants have stipulated, was also noted. Mayor Clark 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; receiving no response, he declared the hearing closed. RESOLUTION NO. 69R-484: Councilman Krein offered Resolution No. 69R-484 for adoption, authorizing the preparation of necessary ordinance changing the zone, 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. (69-70- 2 - R-3). Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley The Mayor declared Resolution No. 69R-484 duly passed and adopted. RESOLUTION NO. 69R-485: Councilman Krein offered Resolution No. 69R-485 for adoption, granting Variance No. 2102, 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. 2102. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley The Mayor declared Resolution No. 69R-485 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USES: City Planning Commission's Resolution No. PC69- 145 was submitted, recommending to the City Council an amendment to the Anaheim Municipal Code, Title 18, Zoning Chapter 18.64, Section 18.64.020 (2-d), de- fining both mobile home and travel trailer parks to reflect the two uses. Mr. Roberts reported that the intent of the Amendment is to change the terminology from "Trailer Park" to "Mobile Home Park" for inclusion as a permitted conditional use. Mayor Clark asked if anyone present wished to address the City Council; receiving no response, he declared the hearing closed. 69-526 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 19~ 1969, 1:30 P.M. ORDINANCE NO. 2717: Councilman Dutton offered Ordinance No. 2717 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE BY AMENDING CHAPTER 18.64, SECTION 18.64.020 SUBSECTION (2-d) THEREOF, RELATING TO ZONING. (Mobile Home Parks and Travel Trailer Parks.) DINNER DANCING PLACE PERMIT: Application filed by Louis and Manuel Walter Company for dinner dancing place permit at the Pirates Table (Holiday Inn), 1850 South Harbor Boulevard, was submitted and granted, subject to provisions of Chapter 4.16 of the Anaheim Municipal Code, as recom- mended by the Chief of Police, on motion by Councilman Krein, seconded by Councilman Dutton. MOTION CARRIED. AMERICAN POSTAL CORPORATION - ~E9UEST FOR CODE INTERPRETATION - HANDBILLS~ Letter from Mr. N.Go Packard, Administrative Vice-President of American Postal Corporation, was submitted requesting City Council interpretation of Chapter 7.24 of the Anaheim Municipal Code (Handbills) as it pertains to their business activities° Mr. Packard described the operation of American Postal Corpora- tion, and inquired whether such activities were prohibited under the pro- visions regarding the distribution of advertising material. The City Attorney advised that material which the United States Post Office refers to as "Junk Mail" must fall within the category of "Handbills," when delivered in another manner; therefore, his interpre- tation of the activity would be'a violation of the Anaheim Municipal Code. Mayor Clark asked whether an Amendment could be made which would allow the type of activity which was outlined in Mr. Packard's letter, while still prohibiting promiscuous distribution of handbills° The City Attorney indicated he wished to make no recommendation in the matter; however, an ordinance had been prepared by his office for Council consideration which, if adopted, would permit the delivery of such handbills in the manner outlined, to homes where there is no sign placed near the entrance indicating that no handbills are desired. ORDINANCE NOo 2718: At the conclusion of Council discussion, Councilman Krein offered Ordinance No. 2718 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 7, CHAPTER 7.24 OF THE ANAHEIM MUNICIPAL CODE RELATING TO HANDBILLS. CITY PLANNING COMMISSION - CHAIRMAN - CHAIRMAN PRO-TEM - SECRETARY: For Council information, it was reported that at the City Planning Commission meeting held July 28, 1969, the following officers were elected: Chairman Chairman Pro-Tem Commission Secretary -Dan L. Rowland -Lewis R. Herbst -Ann Krebs CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held July 28, 1969, pertaining to the following applica- tions were submitted for City Council information and consideration: VARIANCE NO. 2101: Submitted by James Do Cook, et al, to establish a four- plex apartment complex, with waivers of minimum building site area per dwelling unit, maximum lot coverage and minimum side yard setback on R-2 zoned property generally located on the east side of Zeyn Street, south of LaVerne Street. The City Planning Commission, pursuant to Resolution No. PC69- 162, granted said variance, subject to conditions. 69-527 Citf Hall~ Anaheim~ California - COUNCIL MINUTES - August 19, 1969, 1:30 P.M. VARIANCE NOo 2104: Submitted by Margaret Illingworth, to establish a four- plex apartment complex with waivers of minimum building site area per dwelling unit, maximum lot coverage, minimum side yard setback and stairway projecting into more than 50% of the required side yard setbacks on R-2 zoned property generally located on the west side of Zeyn Street, north of North Street. The City Planning Commission, pursuant to Resolution No. PC69-163, granted said variance in part, approving 3 of the requested waivers, subject to conditions, and denying waiver of stairway projecting into more than 50% of the required side yard setbacks. VARIANCE NOo 2106: Submitted by Edward Jo Martin, to establish a 26-unit apart- ment complex with waivers of location of accessory buildings, minimum distance between main building and carports, and living units within 200 feet of a stand- ard street on R-A zoned property generally located on the west side of Webster Street, north of Ball Road. (Resolution of Intent to R-3 - 63-64-62.) The City Planning Commission, pursuant to Resolution NOo PC69'161, granted said variance, subject to conditions. VARIANCE NOo 2108: Initiated by the City Planning Commission to establish an industrial building with minimum structural setback from a primary highway on M-1 zoned property generally located on the north side of La Palma Avenue, east of Lakeview Avenue. The City Planning Commission, pursuant to Resolution No. PC69-165, granted said variance, subject to conditions. CONDITIONAL USE PERMIT NO. 1127: Submitted by Wrather Hotels, Incorporated, to utilize, for outdoor banquet facilities, an approximate 30,000 square foot area along the westerly boundary of R-A zoned property generally located at the northwest corner of West Street and Cerritos Avenue. (Resolution of Intent to C-R - 66-67-61o) The City Planning Commission, pursuant to Resolution NOo PC69-160, granted said Conditional Use Permit, subject to conditions. CONDITIONAL USE PERMIT NO. 1128: Submitted by Texaco, Incorporated, to estab- lish storage and rental of large trucks with waiver of enclosure of outdoor storage on M-1 zoned property generally located at the southwest corner of Katella Avenue and Lewis Street. The City Planning Commission, pursuant to Resolution No. PC69-164, denied said conditional use permit. CONDITIONAL USE PERMIT NO. 802: Previously granted by the City Planning Com- mission, to construct a 240-unit apartment development on property located west of Harbor Boulevard, at the corner of Wilken Way and Mallul Drive° The City Planning Commission, pursuant to Resolution No. PC69-170, amended conditions of approval of said conditional use permit, as a result of approval of reversion of subject property to acreage, Tentative Tract No. 7035° CONDITIONAL USE PERMIT NO. 1022: Submitted by Herco Properties, Incorporated, requesting an extension of time on Conditional Use Permit No. 1022, which was proposed to establish a walk-up restaurant on property located on the east side of East Street, north of Lincoln Avenue. The City Planning Commission, by motion, granted a 6-month extension of time, to expire January 10, 1970. The foregoing actions were reviewed by the City Council and no fur- ther action taken on the above-numbered applications. Councilman Schutte left the Council Chambers, 2:35 P.M. 69-528 City Hall, Anaheim, California- COUNCIL MINUTES - August 19~ 1969~ 1:30 P.M. CODE INTERPRETATION - SECTION 78.52.050 (l-g). CONDITIONAL USES: Excerpt from the Minutes of the City Planning Commission meeting held August 11, 1969, was submitted, recommending to the City Council that consideration be given to interpreting Section 18.52.050(1-g), Conditional Uses, wherein a restaurant had been approved, plans for any change in operation such as on-sale liquor be submitted to the City Planning Commission and/or the City Council for review and approval, prior to the issuance of a building permit or prior to the commencement of the on-sale activity, whichever is appropriate for a given situation. Following Council discussion, it was moved by Councilman Dutton, seconded by Councilman Krein, that the interpretation recommended by the City Planning Commission be sustained. MOTION CARRIED. ORANGE COUNTY ZONE CHANGE NOoZ~69-38: Excerpt from the Minutes of the City Planning Commission meeting held August 11, 1969, was submitted, recom- mending to the City Council that the Orange County Planning Commission be urged to approve Orange County Case No. ZC69-38, reclassifying an area located southeasterly of Van Buren Street and Orangethorpe Avenue from the M-l, Light Manufacturing District, to the R-1-3800, Single-Family Residence District, subject to conditions. Following Council discussion, it was moved by Councilman 'Dutton, seconded by Councilman Krein, that the recommendation of the City Planning Commission be sustained and forwarded to the Orange County Planning Com- mission. MOTION CARRIED° RESOLUTION NO. 69R-486 - WORK ORDER NUMBERS 247: 522-A AND 954: Upon receipt of certification from the Director of Public Works, Councilman Krein of- fered Resolution No. 69R-486 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPT- ING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF PORTIONS OF WEST STREET AND CONVENTION WAY, IN THE CITY OF ANAHEIM, WORK ORDER NOS. 247, 522-A AND 954. (Sully Miller Contract- ing Company.) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein and Clark NOES: COUNCILMEN: None TEMPORARILY ABSENT: COUNCILMEN: Schutte ABSENT: COUNCILMEN: Pebley The Mayor declared Resolution No. 69R-486 duly passed and adopted. DEEDS OF EASEMENT: Councilman Krein offered Resolution Nos° 69R-487 to 69R- 491, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 69R-487: 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° (Harry Ao and Ida Eo Ferguson, and Texaco, Inc.) RESOLUTION NO. 69R-488: 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 SANITARY SEWER PURPOSES° (Joseph D. and Dorothy C. Huarte.) 69-529 C~_ity Hall, Anaheim, California - COUNCIL MINUTES - August 19~ 1969;. 1:30 P.M. RESOLUTION NO. 69R-489: 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. (Zion Evanselical Lutheran Church of Anaheim.) RESOLUTION NO. 69R-490: 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 ALLEY AND PUBLIC UTILITY PURPOSES. (Rameco Corporation.) RESOLUTION NO. 69R-491: 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 EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES (Anne Henning Paulus.) ' Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein and Clark NOES: COUNCILMEN: None TEMPORARILY ABSENT: COUNCILMEN: Schutte ABSENT: COUNCILMEN: Pebley The Mayor declared Resolution Nos. 69R-487 to 69R-491, both inclusive, duly passed and adopted. Councilman Schutte returned to the Council Chambers, 2:50 P.M. CLAIMS AGAINST THE CITY: The following claims were denied, as recommended by the City Attorney, and ordered referred to the Insurance Carrier, on motion by Councilman Dutton, seconded by Councilman Krein. ao Claim filed by Herbert Licker, Attorney, on behalf of Stephen Curran, for personal injury damages purportedly sustained on or about May 21, 1969. b. Claim submitted by Mrs. Charles Gross, for personal property damages purportedly sustained on or about July 17, 1969. c. Claim filed by Mrs. Carmine Ao DeFeo, on behalf of her son,Dana, for personal injury damages purportedly sustained on or about July 14, 1969. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Dutton, seconded by Councilman Schutte: a. Financial and Operating Reports for the month of July, 1969. b. City of Costa Mesa Resolution No. 69-57 - Relating to Corps of Engineers Work on the Santa Ana River. c. City of Tustin Resolution No. 1017 - Regarding State Imposed Programs for Local Government. MOTION CARRIED. RESOLUTION NOo 69R-492 - DEED OF EASEMENT: Councilman Krein offered Resolution NOo 69R-492 for adoption° Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASE- MENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR EASEMENTS FOR ROAD AND PUBLIC UTILITY, POLE AND ELECTRIC POWER LINE PURPOSES. (Ralph Bo and Beverly Jo Clark.) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein and Schutte NOES: COUNCILMEN: None ABSTAINED: COUNCILMEN: Clark ABSENT: COUNCILMEN: Pebley 69-530 City Hall, Anaheim~ California - COUNCIL MINUTES - A~$ust 19~ 1969~ 1:30 PoM. The Mayor declared Resolution No. 69R-492 duly passed and adopted. Councilman Schutte left the Council Chambers, 2:55 P.M. RESOLUTION NO. 69R-493: Councilman Krein offered Resolution NOo 69R-493 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION ;OF A LICENSE AGREEMENT WITH THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY GRANTING TO THE 'CITY A LICENSE TO ENTER A PORTION OF THE RAILWAY COMPANY'S RIGHT-OF-WAY IN CONNECTION WITH THE IMPROVEMENT OF RAYMOND AVENUE AT CROSSING NO. 2-166.2-C AT OR NEAR FULLERTON, ORANGE COUNTY, CALIFORNIA. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein and Clark NOES: COUNCILMEN: None TEMPORARILY ABSENT: COUNCILMEN: Schutte ABSENT: COUNCILMEN: Pebley The Mayor declared Resolution No. 69R-493 duly passed and adopted. ORDINANCE NO. 2719: Councilman Krein offered Ordinance No. 2719 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (68-69-87 - R-2) ORDINANCE NO. 2720: Councilman Dutton offered Ordinance Noo 2720 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61(34) - C-R) ALCOHOLIC BEVERAGE LICENSE APPLICATIONS: The following applications were pre- sented by the Administrative Analyst to the City Council for their infor- mation: a. Application submitted by Lawrence Hierlmeier and Carl Eugene Bjorentkun, for On-Sale Beer, Original Application, for an Un-named busi- ness located at 300 Eo Lincoln Avenue (C-3 Zone)° b. Application submitted by Robert Garrett Wells and Lydia M. Wells, for Of-Sale Beer and Wine, Person-to-Person Transfer-Adding Part- ners, for Stop-N-Go Market, 2176 West Broadway (C-1 Zone). c. Application submitted by James LeRoy Crain and the Southland Corporation, for Off-Sale Beer and Wine, Person-to-Person Transfer-Adding Partner, for 7-Eleven Food Store #481-248, located at 500 South Knott Ave- nue, (C-1 Zone). do Application submitted by Bowaljo, Inco, Robert Cope Jones, President, for On-Sale General, Bona Fide Eating Place, Person-to-Person Transfer, for the Gi Gi Restaurant, located at 409 West Katella Avenue, R-A Zone (Conditional Use Permit No. 577.) e. Application submitted by Raymond Hoover Dancy, for On-Sale Beer and Wine (Bona Fide Eating Place) Person-to-Person Transfer, for Mickey's Joynt, located at 1116 Fountain Way, M-1 Zone (Conditional Use Permit No. 565.) f. Application submitted by Elias Francisco Arciniaga and Celia Ao Arciniaga, for Off-Sale Beer and Wine, Original Application, for the Two F~gs Grocery, 424 East Adele Street (R-3 Zone - Non-Conforming Use°) No Council action was taken on the above applications. 69-531 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - August 19, 1969, 1:30 P.Mo Councilman Schutte returned to the Council Chambers, 3:00 P.Mo LYONS PATROL - PRIVATE PATROL PERMIT: ~On report and recommendation of the City Attorney, Councilman Dutton moved that $2,000.00 State Bond posted onbehalf of Lyons Patrol be considered substantial compliance with Code requirements in connection with private patrol service permit granted at the meeting of August 12, 1969. Councilman Krein seconded the motion. MOTION CARRIED. LIFE-TIME SPORTS TOURNAMENT - ANAHEIM ~.C~IAMBER OF COMMERCE: Request of the Anaheim Chamber of Commerce was submitted for use of the Anaheim Municipal Golf COUrse, on October 11 and 12, 1969, for the Life-Time Sports, City of Anaheim, Golf Tournament. On motion by Councilman Schutte, seconded by Councilman Krein,~said request was granted under'the same terms and conditions as granted for previous tournaments. MOTION CARRIED. ANAHEIM SENIOR CITIZENS CLUB - REQUEST: Letter from Mr. Harold Teets, President of the Anaheim Senior Citizens Club~ was submitted requesting permission to sell baskets constructed of Christmas cards at the Senior Citizens All State Picnic, to be held August123, 1969, in La Palma Park. On motion by Councilman Krein, seconded by Councilman Dutton, said request was granted. MOTION CARRIED RESOLUTION NO. 69R-494: Councilman Krein offered Resolution No. 69R-494 for adOp- tion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ALL RANK GROWTH, WEEDS, RUBBISH, REFUSE AND DIRT UPON ANY PARCEL OR PARCELS OF REAL PROPERTY OR ANY PUBLIC STREET IN THE CITY OF ANAHEIM TO BE A NUISANCE. (Public Hearing September 16, 1969, 1:30 P.M.) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley The Mayor declared Resolution No. 69R-494 duly passed and adopted. RESOLUTION NO. 69R-495: On recommendation of the City Manager's office, Councilman Krein offered Resolution No. 69R-495 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PROPOSING A CHANGE OF ORGANIZATION IN THAT DISTRICT KNOWN AS THE YORBA LINDA COUNTY WATER DISTRICT BY THE DETACHMENT OF CERTAIN DESCRIBED REAL PROPERTY LOCATED WITHIN SAID DISTRICT, WHICH REAL PROPERTY IS ALSO LOCATED WITHIN THE CITY OF ANAHEIM. (Lakeview-0rangethorpe Annexation.) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte and Clark NOES: COUNCILMEN: None ABSENT~ COUNCILMEN: Pebley The Mayor declared Resolution No. 69R-495 duly passed and adopted. DONN G °GILMORE AND ASSOCIATES ENGINEERIN~ STUDY - CONTRACT AMENDMENT: On report and recommendation of the City Attorney, Councilman Schutte moved that con- tract with Donn C. Gilmore and Associates for engineering study be amended, increasing the maximum amount t° $850.00 (hourly rate_of ~$!2.50 to remain the same°) Councilman Krein seconded the mo~ion. MOTION CARRIED. 69-532 .City Hall.~ Anaheim, California - COUNCIL MINUTES - August 19~ 1969~ 1:30 P.M. LEAGUE OF CALIFORNIA CITIES: On motion by Councilman Krein, seconded by Coun- cilman Dutton, Mayor Clark was designated as voting delegate and Mayor Pro-Tem Schutte as alternate, to the Annual League of California Cities Conference, to be held in San Francisco, September 28 through October 1, 1969o MOTION CARRIED. ANAHEIM ROYAL MOBILE HOME PARK - REQUEST: Letter from Mr. Arthur Schwabe, Mana- ger of Anaheim Royal Mobile Home Park, was submitted inviting the City Council to hold a regular Council Meeting in the mobile home park recrea- tion room. At the suggestion of Mayor Clark, a letter of thanks was author- ized outlining provisions of the Anaheim City Charter and Municipal Code, whereby meetings are to be held in the Council Chambers of the City Hall, except as otherwise provided. A special invitation was extended to the residents of the mobile home park to attend any Council meeting, at which time Mayor Clark will recognize the group from the Chair° LETTER OF APPRECIATION - KNBC: It was noted by Mayor Clark that Television Station KNBC has included a slide, showing the Anaheim Convention Center, in their community identification slide series flashed during station breaks. On motion by Councilman Schutte, seconded by Councilman Dutton, a letter of appreciation was authorized to Television Station KNBC for their recognition of the City of Anaheim. MOTION CARRIED° ADJOURNMENT: Councilman Schutte moved to adjourn. Councilman Krein seconded the motion. MOTION CARRIED. ADJOURNED: 3: 15 P.M. Deputy City Clerk