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1969/09/10'69-558 ~ity Hall, Anaheim, California - COUNCIL MINUTES - September 2, 1969~ 1:30 P.M. ADJOURNMENT' Councilman Pebley moved to adjourn. Councilman Schutte seconded the motion. MOTION CARRIED. ADJOURNED' 4' 40 P · M, City Clerk City Hall~ Anaheim~ Californi~ - COUNCIL MINUTES - September 10~. 1969~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark ABSENT: COUNCILMEN: None PRESENT: CITY MANAGER: Keith Ap Murdoch CITY ATTORNEY: Joseph B~ Geisler CITY CLERK: Dene M. Williams ASSISTANT CITY ENGINEER: Ralph O. Pease ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ASSISTANT PLANNER: Darwin Brown Mayor Clark called the meeting to order. INVOCATION: Reverend Dorman Buttram, of the Town Church, gave the Invo- cation. FLAG SALUTE: Councilman Krein led the Assembly in the Pledge of Alle- giance to the Flag. RESOLUTION OF APPRECIATION: The City Council unanimously adopted a Resolution of Appreciation to George "Pop" Miller, for his many civic contributions to the City of Anaheim. INTRODUCTION OF NEW EMPLOYEES: Mr, Lee Sale, of the City Personnel De- partment, introduced new employees attending the Council meet- ing as part of the City's orientation program. Mayor Clark welcomed the new employees to the City Family. 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 5 minutes° MINUTES: Minutes of the Anaheim City Council meeting held August 26, 1969, were approved on motion by Councilman Dutton, seconded by Councilman Krein,~ MOTION CARRIED, WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Schutte 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 Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $756,760.i9, in accordance with the 1969-70 Budget, were approved. 69-559 City Hal~, Anaheim~ California - COUNCI~ MINUTES - September 10~ 1969, 1:30 P.M. CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 68-69-99 (AREA DEVELOPMENT PLAN NO. 103):. Submitted by the First National Bank of Orange County, requesting a change in zone from R-A to R-2 to establish a 10-unit, single-story apart- ment complex, on property located on the south side of Orangewood Avenue, west of Ninth Street. Area Development Plan No. 103 was initiated by the City Planning Commission to consider an Area Development Plan for 7 deep, narrow lots lo- cated on the south side of Orangewood Avenue, west of Ninth Street~ said property having a frontage of approximately 850 feet, and a maximum depth of approximately 295 feet, and to consider alternate methods of development and possible circulation patterns. The City Planning Commission recommended said reclassification be disapproved,and further recommended adoption of said Area Development Plan in accordance with Exhibit "B". Public Hearing was held at the meeting of September 2, 1969, and continued to this date to allow re-examination of the subject property by the City Council. The City Clerk read letters from Mr. Gilbert E. Nash and Mr. Y.F. Hammatt, submitted during the open meeting, in opposition to the subject re- classification and favoring adoption of Area Development Plan No. 103, Ex- hibit "B". Planning Assistant Darwin Brown noted the location of the subject property with the aid of a map posted on the exhibit wall, and described the surrounding uses and zoning in the immediate area. In briefing the evi- dence considered by the City Planning Commission he noted that all but one of the owners of the 7 parcels included in the proposed Area Development Plan were contacted relative to their intentions for the ultimate development of their property. The owners of 4 of the parcels indicated that they wanted to maintain the low-density residential environment of the area, and develop their property for single-family homes. One property owner expressed flexi- bility as to the future use of his property and indicated he was willing to combine with other parcels for a single-family subdivision, or would consider developing individually as R-2. One owner could not be contacted, and the other owner is the petitioner in the subject R-2 zoning application, Mr~ Brown outlined the four alternate plans for development which were considered by the City Planning Commission, noting that development in accordance with Exhibit "B" was recommended with 5,200-square foot, R-1 lots, which could be developed in 2 segments (the four easterly parcels being com- bined for development first to establish the street system, with the three ~-esterly parcels to be developed later.) He noted that no side-on lots would be developed with this Alternate, and access to Orangewood Avenue would be limited to one point. Other Alternates presented to the Commission proposed R-2, R-2-5,000, and R-1 development, with various street patterns, most of which would involve several points of access to Orangewood Avenue and would create a number of side-on lots, which result would be undesirable. Recommendation of Alternate "B" was based on the fact that the majority of the property owners favored single-family development and the surrounding area was essentially R-1 in nature. Mayor Clark asked if the Applicant was present and wished to address the City Council. Mr. Donald C. Caskey, Trust Officer df the Bank,stated that the pro- perty has been held in trust since 1964 and two previous applications for de- velopment were denied. He felt that the current proposal for a 10-unit de- velopment was reasonable and that if the application is denied, they would be denied the use of their property, as they cannot wait five or ten years for someone else to develop. He felt that the subject application should be considered on the merits of the proposed development as compared 69-560 City Hall; Anaheim, California - COUNCIL MINUTES - September 10~ 1969, 1:30 P.M. to the present condition of .the.:-;F~x~pt~r~y Re,did-not. feel that. the. proposed density on the one parcel would have an adverse effect on the surrounding area, Mr. William E. Swank, Authorized Agent of the Applicant, and architect for the proposed development stated he recognized the residen- tial nature of the area, and for that reason designed a low-density, single-story, garden-type apartment development with only 32% lot cover- age. He noted that no variances were requested and pointed out that the first dwelling unit is located 76 feet from the rear property line~ to protect the privacy of the adjoining r'esiden~s. The front setbaCks would range from 20 to 46 feet, with side yards of 25 feet on one side~ and 9 feet on the other~ Most of the existing homes on the subject parcels were noted to rear onto Orangewood Avenue, and Exhibit "B" also indicated development of all homes in a rear-on fashion. In answer to Council questions Mr. Swank advised that Exhibit "B" was not acceptable to the Applicants, as it required lot assembly, which was found to be impossible at this'time. Mayor Clark asked if anyone wished to address the City Council in opposition. Mrs. William C. Knotts, 2076 Eileen Drive, submitted a petition in opposition to the prOposed reclassification and favoring adoption of Area Development Plan No. 103, Exhibit "B". She stated she represents several hundred people living in the surrounding custom residential area whose property taxes are among the highest in the City, and whose homes are valued from $30,000 to $70,000. These residents feel that an apart- ment development in the area would lower the resale value of their homes, and would create a traffic hazard to school-age children. Dr. M.D. Fairchild, 1589 Wakefield Avenue, suggested that the Applicants sell the property to another party who is interested in de- veloping it in another fashion. He asked Mr. Caskey if the Applicants had not received other offers to purchase the property which had been turned down. ~ Mrs. Ladonna Rhoads, 1598 Sim Place, spoke in opposition to the proposed development and favored development in accordance with the "Planned Community" concept, citing Lake Forest as a local example. She also noted the development of the S & S Construction Company which in- dicates it is possible to successfully develop such property with single- family homes. She stated that several people would be willing to make an offer on the subject property to develop in that manner, if the price was not too high. Mayor Clark asked if anyone else wished to address the City Council to present new and different information; hearing no response, he offered the Applicant an opportunity for rebuttal. Mr. Caskey stated that realtors in both Anaheim and Orange had been given an opportunity to list the subject property and they had re- ceived many inquiries concerning it; however, no concrete offers were submitted other than the proposal from Mr. Swank. He stated that Mr. Hammatt did offer to purchase the property for $23,000, a portion of which would be paid in cash, with the balance to be carried as a first trust deed. This offer was felt too low for the property. Mr. Caskey noted the nature of the previous land use, which was the operation of an orchard maintenance service, with a barn to house spray rigs and tractors. The former owner also was authorized to conduct a small wood-working operation on the premises. It was apparent that ~ the property could not be used for any productive purpose in its present state; therefore, the present owners offered it for sale. He stated that owners of the other subject parcels had been approached prior to the time 69-561 City Hall, Anaheim, California - COUNCIL MINUTES - September 10~ 1969~ 1:30 P.M. the property was put on the market, and the offer from Mr. Hammatt for joint development was the only one received. Mr~ Caskey called attenti~on to the fact that property in the immed- iate area had been used until recently for raising turkeys, which he believed was a more objectionable.use. Councilman Pebley suggested that the Applicants may have to wait to develop their property under the circumstances, and noted that many property owners must wait before their land can be used for the purpose for which they desire. Mr. Caskey maintained that the proposed R-2 development would be an improvement over the present state of development and indicated that there was no opposition expressed at the first hearing before'the City Planning Commission. He felt that 10 units would not create a traffic hazard, as alleged by those now opposing the development. Councilman Pebley pointed out that if the subject reclassification is approved, the other parcels may also develop in the same manner, which would have a considerable effect on the density. Following discussion as to whether there had been any opposition in the first Planning Commission hearing, Mayor Clark determined that a good cross-section of evidence had been presented, and thereupon declared the hearing closed. RESOLUTION NO. 69R-514: Councilman Schutte offered Resolution No. 69R-514 for adoption, disapproving Reclassification No. 68-69-99, as 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 A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. (68-69-99) ~ Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None AB SENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-514 duly passed and adopted. RESOLUTION NO. 69R-515- Councilman Dutton offered Resolution No. 69R-515 for adoption, approving Area Development Plan No. 103, in accordance with Exhibit "B", as recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AREA DEVELOPMENT PLAN NO. 103, EXHIBIT "B". Roll Call Vote. AYES- COUNCILMEN: Dutton, Krein, Pebley and Clark NOES: COUNCILMEN: None ABSTAINED: COUNCILMEN: Schutte ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-515 duly passed and adopted. 6g-562 City Hall, Anaheim., California~ - COUNCIL MINUTES - September 10, 1969~ 1'30 P.M. PUBLIC HEARING - RECLASSIFICATION NO. 69-70~7· Submitted by Paul B. Treat and Lynman Booth, requesting a change in zone from R-A and R-3 to C-t, on Por- tion A, and from R'A to R-3, on PortionB; property located atthe south- east corner of Lincoln Avenue and Grand Avenue. The City Planning Commission, pursuant to Resolution No. PC69- 174, recommended said reclassification be approved~ subject to the follow- ing conditions: 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 Grand Avenue for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Lincoln and Grand Avenues, including preparation of improvement plans and installation of all improvements, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other ap- purtenant worR 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 a bond in an amount and form satis- factory to the City of Anmheim shall be posted with the City to guarantee the installation of the above mentioned requirements. 3. That the owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Grand Avenue and all but the easterly 140 feet of the Lincoln Avenue frontage for street lighting purposes. 4. That the owners of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Grand Avenue and all but the easterly 140 feet of the Lincoln Avenue frontage for tree planting pur- poses. 5. That a Parcel Map to record the approved division of subject property be submitted to the City of Anaheim for approval and then be recorded in the office of the Orange County Recorder. 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 6-foot masonry wall shall be constructed along the south and east property lines of Portion A; said wall to be required along the easterly property line only where Portion "A" abuts the R-3 property to the east. 9. That any air-conditioning facilities proposed shall be pro- perly shielded from view and the sound shall be buffered from adjacent residential homes. 10o 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, on Por- tion "A" only. 11. That subject development shall be served by underground~utilities. 12. That Condition Nos~ 1, 2, 3, and 4, 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. 5, 6, 7, 8, 9, 10, and 11, above mentioned~ shall be complied with prior to final building and zoning inspections. 14. That ordinances reclassifying the property shall be adopted as each parcel is ready to comply with conditions pertaining to such parcel; PROVIDED, however, that the word "parcel" shall mean presently existing parcels of record and any parcel or parcels approved by the City Council for lot split. 15. That the owners of subject property shall pay to the City of Anaheim parr and recreation fees as required by City Council Resolution of $75~00 per dwelling unit, which shall be used for parr and recreation pur- poses, said amount to be paid at the time the Building Permit is issued. Mr. Brown noted the location of the subject property, and outlined the existing uses and zoning in the immediate area. He reported that the Applicants are requesting C-1 zoning on that portion of the property front- lng on Lincoln Avenue, with a depth of approximately 200 feet, and R-3 zon- ing on the balance of the property so that it may be developed as a part of a larger parcel to the south and east (Reclassification No. 68-69-67.) 69-563 City Hall, An.aheim, California - COUNCIL MINUTES - September 10, 1969, 1'30 P.M. He advised that no plans were submitted with the application, however, the C-1 portion will be developed in accordance with permitted~uses, and th~ R-3 portion will be developed as an apartment complex, combined with an existing R-3 parcel east and south of parcel B. Mayor Clark asked if anyone present wished to address the City Council; hearing no response, he declared the hearing closed. RESOLUTION NO~ 69R-516: Councilman Pebley offered Resolution No. 69R-516 for adoption, authorizing the preparation of necessary ordinance changing the zone as requested, subject to the conditions recommended by the City Planning Com- mission. 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. (69-70-7 - C-1 and R-3)~ Roll Call Vote. AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT' COUNCILMEN: None The Mayor declared Resolution No. 69R-516 duly passed and adopted. REQUEST - ORANGE COUNTY KODOKAN JUDO DOJO: Request of Taro M. Ohashi was submitted for exemption of the Orange County Kodokan Judo Do jo from payment of annual business license tax for school located at 1412-D South Central Park Aven~e. Also submitted was report of the City Attorney's office recommending approval, as it was determined that the organization is a non-profit corporation, and therefore not required to have a business license, under Section 3.04.130 of the Anaheim Municipal Code~ On motion by Councilman Dutton, seconded by Councilman Krein, said request was granted as recommended by the City Attorney. MOTION CARRIED. REQUEST - TRAF~IC SIGNALIZATION - ACACIA STREET AND LA PALMA AVENUE: Request of Jimmie L~ Colvin was submitted, accompanied by a petition with approximately 1,000 signatures, in favor of the installation of a traffic signal at the in- tersection of La Palma Avenue and Acacia Street~ at Anna Drive. Report of the City Engineer was also submitted, recommending priority of four traffi6 signal installations for ~he~fiscal year 1970~71, listing ~Acacia and La Palma aS Priority No. 4. Mayor Clark asked if the recommendation of the City Engineer was ac- ceptable to the petitioners. Mr~ David J. Huarte, 1464 East La Palma Avenue, indicated he was the closest resident to the intersection and asked when the budget funds would be made available~ The City Manager reported that sufficient funds were in the current year's budget to accommodate one more signalized intersection without addi- tional fund allocations; however, four intersections were recommended by the City Engineer for signalization during the 1970-71 budget year. Therefore, a determination must be made as to which of these intersections.should receive highest priority. Mr. Huarte indicated that children attending three different schools cross at the La Palma-Acacia Avenue intersection; that La Palma is an arterial highway, heavily traveled by employees of the Autonetics facilities; that there is a 40-mile per hour speed limit at the intersection, and witnesses are of the opinion that a danger exists. Mr. Harte feared that a fatal accident would occur unless signals were installed. 69-564 City Hall~ Anaheim, California~- COUNCIL MINUTES - September 10~ 1969~ 1:30 P.M. During Council discussion it was noted that traffic had increased on La Palma Avenue since the opening of the Chrysler plant in that vicinity and ~_he overcrossing of the railroad tracks° It was felt that no urgency existed at two of the four locations recommended by the City Engineer for signalization next year (South and Sunkist and Ball and Sunkist.) However, the two other recommended locations (Euclid and Glenoaks and the subject intersection) were both used by school children and were felt to deserve high priority. The City Manager noted that the current budget allocation for signals and safety striping is $258,800.; that if an additional allocation of funds is made from the Council Contingency Fund signalization of both of the high-priority intersections could be accomplished. The City Engineer indicated that a transfer of funds in the amount of $15,000 would be adequate to accomplish this if the Council so desired.. On motion by Councilman Schutte, seconded by Councilman Pebley, signalization of the intersections of La Palma Avenue and Acacia Street~ and Euclid Street and Glenoaks Avenue was authorized during the current budget year (1969~70), and transfer of funds was authorized from the Coun- cil Contingency Fund, Account Number 100-899 to Account Number 462-922-55, in the amount of $15,000. MOTION CARRIED. DIRECTIONAL SIGN REQUEST - 1070 NORTH STATE COLLEGE BOULEVARD (SOCIAL SECURITY' OFFICE): Letter from Mr. Claude E. Taggart, District Manager, Department of Health, Education and Welfare, Social Security Office, was submitted re- questing that directional signs be installed on La Palma Avenue and State College Boulevard, without charge, to direct the public to the Social Se- curity Office at 1070 North State College Boulevard. Report of the City Engineer was also sUbmitted recommending denial of said request. Mr. Walko appeared before the City Council on behalf of the re- questing agency and outlined the difficulties experienced by elderly per- sons in attempting to find the Social Security Office which opened on June 16, 1969. He noted that it is located deep within an L-shaped shopping center and is not readily identifiable from either State College Boulevard or La Palma Avenue. He explained that no funds were available from the Federal government for such signs. It was noted by Councilman Dutton that if the request is granted the City could expect to receive many other such requests and felt that this precedent should not be established. At the conclusion of Council discussion it was moved by Council- man Dutton, seconded by Councilman Krein, that the request for signing be denied. MOTION CARRIED. LICENSE FEES - COIN-OPERATED LAUNDRY MACHINES: Consideration of license fees for coin-operated laundry machines was continued from the meeting of July 15, 1969, to allow further Council study. The City Clerk reported receipt of a total of 249 cards protest- ing the "per machine" method of licensing, and recommending a change to the gross receipts method. Mrs. Williams advised that 63 of the cards received were unsigned, and the Balance were signed by owner'managers, managers, and predominantly tenants of apartment developments .... It was noted that 34 individual businesses are licensed to operate such machines in the City of Anaheim. Councilman Dutton observed that the matter of proper'licensing of such machines has been before the City Council almost continuously since 1961, and has cost the City a great deal of administrative staff time and money, and should be decided once and for all. 69-565 City Ha.~l, Anaheim~ California - COUNCIL ~MINUTES - September 10~ .!969~ 1:30 P.M. MOTION' Councilman Dutton moved that the report submitted by the Finance Di- rector at the meeting of July 15, 19i69, be received and filed together with material submitted by Mr. Bloomfield and information submitted by the City Clerk. Councilman Krein seconded the motion. Councilman Clark requested a ruling from the City Attorney as to whether he was eligible to vote on this matter since Mr. Bloomfield, of Web Service Company,was a regular customer at Mr. Clark's place of business. The City Attorney advised that the only prohibition against a Council- man voting on an issue is where there is a conflict of interest involved between the City and the individual or company contracting with the City; if there is a direct financial interest involved, then a prohibition from voting would exist. Any other possible conflict of interest which may exist, such as a close per- sonal relationship, would not place a prohibition on voting, but would place the matter at the discretion of the Councilman. Mayor Clark asked if any Councilman objected to his participation in the vote on this issue; no objection was indicated. Mayor Clark stated that in his opinion license fees on coin-operated laundry equipment should be levied on a gross-receipts basis, rather than on a per-machine basis, and he favored some kind of change in the existing Code provisions; since there was no objec- tion to his voting on the issue, he would cast his vote. Mayor Clark noted there were several hands showing in the audience and indicated, for the information of those present, that the matter was not scheduled for public hearing, therefore, discussion was limited to the City Council~ This statement was corroborated by the City Attorney. A voice vote was taken on the foregoing motion; MOTION CARRIED. (Coun- cilman Clark voted "No.") Mr. Jim Townsend, 808 North Pine Street, stated that he brought this matter before the City Council as Chairman of the Telephone Taxpayers' Committee; that it was his understanding that the matter received a public hearing, which was continued in order that the City might investigate the cost of policing the licensing of these machines. He protested the fact that he was not noti- fied several weeks ago when the item was scheduled on the Agenda. The City Attorney advised that the matter Was not set for a public hearing; that it was a legislative action of the City Council, not. requi~ing_a public hearing, therefore, the Council may h~ar only those persons whom they choose to hear on the matter. He noted that the Council has concluded their.. aCtion and no further deliberations are necessary, and Mr. ToWnsend or anyone else may speak only at the'invitation~of the City Council. OtherWise, there~.~ would be no method of regulating the conduct of the meeting. Mr. Townsend felt that the question of whether this. was a continued public hearing was left unanswered and stated that if some change was not made in the method of taxation of coin-operated laundry machirms, in all probability they would have to again 'resort to the Courts to force other coin-operated ma- chines, such as newspaper racks, etc., to be taxed in a like manner. SIDEWALK WAIVER - 1231 BLUE GUM STREET (O,RANGE COUNTY USE VARIANCE NO. 5553)' Cor- respondence from Launer~ Chaffee and Hanna~ Attorneys for Transerv~ was sub- mitted requesting waiver of sidewalks, curbs, gutters and driveway approach, and block wall in connection with development of a truck service station on M-1 zoned property, located at 1231 Blue Gum Street. The City Engineer recommended that the temporary waiver of sidewalk requirements be granted, as no need presently existed for sidewalks in that location. In view of the fact that the City and County are deliberating the proposed classification of Blue Gum Street, he recommended that bond be posted for installation of curbs, gutters and driveway approach until such time as the exact locations for same are determined. His office will determine the ultimate cost involved and so advise the applicant. 69-566 City Hall, Anaheim, Californi~ - COUNCIL MINUTES - September 10~ 1969~ 1:30 P.M. Regarding the requested waiver of block wall requirement Mr. Brown reported that the applicants have been advised that a conditional use permit would be required for the use proposed in this zone and that the waiver of the block wall requirement could be included in that application~ if so desired, It was noted by the City Council that a 6-foot block wall would be a rather ineffective screening device and felt that a cyclone fence with appropriate landscaping would be adequate. On recommendation of the City Engineer, Councilman Dutton moved that temporary sidewalk waiver be granted, provided that no permanent planting or permanent-type improvements be permitted within the area re- served for future sidewalks, and that bond be posted for curb, gutter, and driveway approach requirements on Blue Gum Street and Orange Avenue° Councilman Krein seconded the motion. MOTION CARRIED. Councilman Krein moved that the applicants be instructed to file a conditional use permit for the proposed M-2 use, and include therein a request for waiver of the~block wall requirement. Councilman Schutte seconded the motion~ MOTION CARRIED. DEEDS OF EASEMENT: Councilman Krein offered Resolution Nos. 69R-517 to 69R-519, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 69R-517: 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 WATER METER AND WATER VAULT PURPOSES. (Robert E. and Valjean A. Anderson; Maur$ce I. and Helen Ao Myers~ Harry Boand, Jr. and Catherine Jane Boand.) RESOLUTION NO. 69R-518: 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 UNDERGROUND ELECTRICAL SERVICE FACILITIES. (C. Michael, Inc~) RESOLUTION NO. 69R-519: 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. (The Corsican.) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES' COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution Nos. 69R-517 to 69R:-519, both in- clusive, duly passed and adopted. FURCnASE OF EQUIPMENT:. The Assistant City Manager, Robert Mo Davis, reported on the recommended purchase of a 3/4 Ton Pick-up Truck, and advised that McCoy Ford has submitted a quotation for said equipment in the amount of $2,604.88, including tax. He reported that there is only one unit remaining in stock, and in view of the anticipated increase in cost for 1970 models recommended purchase be authorized at this time. On motion by Councilman Pebley, sec- onded by Councilman Dutton, said purchase was authorized as recommended. MOTION CARRIED. RESOLUTION NO. 69R-520' On recommendation of the Assistant City Manager~ Coun- cilman Pebley offered Resolution No. 69R-520 for adoption. Re~er to Resolution Book. 69-567 ~ity_Hal.1, Anaheim~ California - COUNCIL MINUTES - September 10~ 196~, 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT HIRING H. WALLACE JAYNES AND R.E. CAMPBELL DOING BUSINESS AS ORCA DIVING SER- VICE TO PERFORM CERTAIN WORK ON NOHL RANCH LAKE AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AN AGREEMENT EMPLOYING ORCA DIVING SERVICE. (Walnut Canyon Maintenance Work - $8,500.00.) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES' COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-520 duly passed and adopted. CLAIM AGAINST THE CITY: Claim submitted by Victor Azar, for return of.personal 'pro- perty in the amount of $116.00 cash, confiscated by the Police D~partment on or about June 20, 1968, was allowed, as recommended by the City Attorney, on motion by Councilman Dutton, seconded by Councilman Krein. MOTION CARRIED. RESOLUTION NO. 69R-521- Councilman Krein offered Resolution Noo 69R-521 for adop- tion~ Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CITY CLERK AND DIRECTOR OF DEVELOPMENT SERVICES TO DESTROY ORIGINALS OF CERTAIN RECORDS IN THE POSSESSION OF THE CITY CLERK AND ANAHEIM DEVELOPMENT SERVICES DEPARTMENT~ (Conditional Use Permits.) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES' COUNCILMEN · None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-521 duly passed and adopted. RESOLUTION NO. 69R-522: Councilman Krein offered Resolution No. 69R-522 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 BROOKHURST STREET WITHIN THE RIGHT-OF-WAY OF THE SOUTHERN CALIFORNIA EDISON COMPANY AND THE SOUTHERN PACIFIC RAILROAD. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-522 duly passed and adopted. RESOLUTION NO. 69R-523' Councilman Pebley offered Resolution No. 69R-523 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA WITH REFERENCE TO MODIFICATION OF TRAFFIC CONTROL SIGNAL SYSTEMS AND SAFETY LIGHTING AT THE INTERSECTIONS OF KNOTT AVENUE AND WESTERN AVENUE WITH LINCOLN AVENUE (STATE HIGHWAY ROUTE 214.) 69-568 Ci__ty Hall, Anaheim~ California,- COUNCIL MINUTES - September 10~ 1969~ 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES' COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-523 duly passed and adopted. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Pebley, seconded by Councilman Dutton: a. Notice of Application - The Atchison, Topeka and Santa Fe Railway Company, Northwestern Pacific Railroad Company, Southern Pacific Company, and Union Pacific Railroad Company filed with the Public Utili- ties Commission for authority to subject California intrastate passenger fares to the same general increase of five per cent as that which became effective on their interstate passenger fares on June 15, 1969. b. Before the pUblic Utilities Commission of the State of Cali- fornia - Application of Los Angeles Airways, Inc. , for an increase in intrastate air charter rates. c. City of Commerce Resolution No. 69-32 - Urging adoption by the United States Congress of the Controlled Dangerous Substances Act of 1969. d~ City of San Clemente Resolution No. 67-69 - Expressing its sincere commendation and appreciation to the agencies and participating personnel thereof for their willing response and invaluable assistance during the August 17, 1969, Anti-War Demonstration in San Clemente. e. Financial and Operating Reports for the month of July, 1969. MOTION CARRIED. ORDINANCE NO~ 2723: Councilman Dutton offered Ordinance No. 2723 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (68-69-72 - C-l) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES' COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 2723 duly passed and adopted. ORDINANCE NO. 2724: Councilman Schutte offered Ordinance No. 2724 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (68-69-62 - R-3) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES. COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 2724 duly passed and adopted. ORDINANCE NO. 2725~ Councilman Krein offered Ordinance No. 2725 for adoption. Refer to Ordinance Book. 69-569 City Hall, Anaheim, California - COUNCIL MINUTES - September 10~ 1969, 1:30 P.M. AN ORDInAnCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING° (68-69-65 - R-3 Portion Only.) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, $chutte, Pebley and Clark NOE S. COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 2725 duly passed and adopted. ORDINANCE NO. 2726- Councilman Pebley offered Ordinance No. 2726 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (68-69-64 - R-3) ORDINANCE NO. 2727' Councilman Schutte offered Ordinance No. 2727 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (63-64-118(3) - C-l) ALCOHOLIC BEVERAGE LICENSE APPLICATIONS~: The following applications were pre- sented by the City Manager to the City Council for their information: a. Application submitted by Clarence Matthew Rach and'JosePh Carl Radzik for On-Sale Beer, Original Application, for R & R Catering Company, 430 North Gilbert, RcA Zone (Anaheim Municipal Golf Course). b. Application submitted by Donald and Peggy Behnke, for Off-Sale Beer and Wine, Person-to-Person Transfer, for Seven-Eleven Market, 2437 West Ball Road, C-1 Zone. c. Application submitted by Antonion Villareal Miranda, for Off- Sale Beer and Wine, Original Application, for Olive Market, 609 North Olive Street, R-3 Zone, (Non-conforming Use). d. Application submitted by Clarence and Thelma Bartley, for Off- Sale Beer and Wine, Person-to-Person Transfer, for Seven-Eleven Market, 801 South Euclid Street, C-1 Zone. No Council action was taken on the above applications. Application Submitted by Ming and Choy Lan Jue and Stephen and Lucia Moy, for On-Sale Beer, for premises located at 1046 North State College Boulevard was submitted. On motion by Councilman Pebley, seconded by Councilman Dutton, the City Attorney was authorized to file conditional protest with the Alcoholic Beverages Control Board against said application, on the basis that the prem- ises are presently located in the C-1 Zone, which does not permit the proposed sale of alcob.olic beverages. MOTION CARRIED. PUBLIC DAi~CE PERMIT: Application filed by Mr. Charles A. Mull, for permit to con- duct public dance on September 19, 1969, at the Nordic Buffet, 218 West Lincoln Avenue, was submitted and granted subject to provisions of Chapter 4.16 of the Anaheim Municipal Code, and provided that two officers and one matron be hired to police said dance, as recommended by the Chief of Police, on motion by Coun- cilman Dutton, seconded by Councilman Krein. MOTION CARRIED. RECESS' Councilman Krein moved for a 15-minute Recess. Councilman Pebley seconded the motion. MOTION CARRIED. (3:05 P.M.). AFTER RECESS: Mayor Clark called the meeting to order, all Councilmen present, (3'20 P..M. ). 69-570 City Hall~ Anahei'm, California - COUNCIL MINUTES - September 10~ 1969~ 1:30 P.M. ORANGE COUNTY USE VARIANCE NOt,6244° Action on request for C~y services on property located at 10472 West Douglas Road was continued from the meeting of September 2, 1969 to this date~ to obtain additional information on the necessary capital outlay required to serve the property, an estimate of the anticipated revenue, and permitted uses in an Agricultural Preserve. The City Manager reported that his office has attempted to gather the information requested by the City Council regarding outlay versus es- timated revenues~ however, records lack the detailed information necessary to identify this information by land uses Since the available data must be averaged to obtain the information requested he pointed out that the application of such figures to a specific situation would be of limited value~ He reported that the capital investment required to serve property similar to the subject parcel (based on computations of averages) would be approximately $22,100. for the electrical lines, water lines, street work, and sewer lines. This figure represents the adjusted cost after deducting that portion of the cost which would ultimately be borne by the developer of the property on the opposite side of the street. He noted that this would allow the sewer line to be extended past the frontage of the subject property to Cerritos Avenue. M~. Harry Knisely, Attorney for the Applicants, pointed out that extension of the sewer line to Cerritos Avenue would also take it past a 40-acre parcel to the north of the subject property, noting that services are now within approximately 20 feet of the subject property. The City Manager advised that the Applicants' share of the sewer line installation would be $8,750.00, which is based on the $350.00 per acre off-site sewer charge~ He noted that the largest part of the cost to the Applicants would be for the installation of electrical lines, assum- ing this would be a package arrangement whereby the property would be an- ~exed to the City and receive electrical service from the City. It was also his understanding that the owner of the subject property was willing to accept the obligation of paying the park and recreation in lieu fee, as required by City Council Resolution~ Mr~ Murdoch advised that the electrical rate structure is set up to provide for a return of the capital expenses necessary to serve the pro- perty within 8 to 10 years~ However, the year-to-year operating costs are difficult to analyze, due to the fact that only averaged data was avail- able Which does not reflect information pertinent to one particular land use ~ Councilman Pebley asked if a 25-acre trailer park would bring in as much electrical revenue as an R-2-5,000 or R-1 development of compar- able size. Mr~ Murdoch replied that in his opinion a mobile home park would return more per acre than an R-1 use. Mr~ Knisely presented information obtained from the City of West- minster, comparing the amount of land tax revenues derived from property identical in size, but with different land uses, as follows: Single-family use - $48.24; Multiple-family use - $83~52; Mobile home use - $87.12. Mr~ Norman Smedegaard, Attorney representing Walters & Sons, pro- posed Developers of the subject property, exhibited a chart prepared by No~man Busch, Past President of the Western Mobile Home Association, com- paring tax revenues based on a 10-acre parcel of property. The figures represented a mobile home park developed with 10 units per acre (average value $12,000~00) versus an R-I development (with homes valued at approxi- mately $30,000,00.) He explained that these figures were obtained from the County Assessor's Office, and represent typical developr~nts in Orange County~ 69-571 City Hall~ Anaheim~ California - COUNCI~ MINUTES - September 10~ 1969~ 1:30 P.M. He summarized the information appearing on the chart which indicated that the City's share of the 18-year projected revenue on each 10-acre parcel, including in lieu tax, property tax, sales tax, and revenue stamps, was $125.000. from the single-family development, compared to $200,000. from the mobile home park. Mr. Smedegaard also noted that there are less school-age children in the mobile home park, and that street maintenance and street-lighting costs would be much lower. The City Manager noted that the City receives an average of $26.00 per capita sales tax from all residents, and if residents of mobile home parrs spend approximately the same amount as the average resident the total antici- pated revenue would be approximately $107.00 per capita, representing the total from all sources, such as liquor revenues, gasoline taxes, cigarette taxes, electrical and water services, etc. He observed that the estimated in lieu tax figures appearing on Mr, Smede§aard's chart were very conservative~ Mr. Murdoch reported that the permitted uses in an Agricultural Preserve were analyzed by the Staff, and it was found that a mobile home park is no longer allowed by right in an area so designated. Mr, Knisely reported that he had documentation on that point, indi- cating that residential uses are prohibited by State Law in an Agricultural Preserve. He distributed copies of the document entitled "Exhibit C - Agri- cultural and Compatible Uses" to the City Council. Councilman Dutton felt that a comparison should be made between mo- bile home parks and industrial use of the property in order to be relevant to the situation at hand. He noted that although a 15-year time limitation had been placed on the Use Variance by the County it would be difficult to termi- nate it at the end of that time. Mr. Knisely stated that he was inclined to agree with this statement, however, termination of so-called interim uses are being done in both Los An- geles and Orange Counties. He noted that the provision would be included in any title report on the property if it is sold during the interim. M'r~ Knisely pointed out that the City is serving the PhoeHix Club, and the trash transfer station nearby, noting that the latter development was also originally opposed by the City; and that no such request for service outside the City has been denied in the past. Mr. Knisely did not feel that approval of the request would establish a precedent for such a development in the northeast industrial area and stressed he too felt the integrity of that area should be protected. He stated he would not come before the City Council to request a non-industrial use in the north- east industrial area in the near future. Councilman Krein observed that he would be opposed to the request for service if the City of Anaheim had control over the zoning of subject pro- perty; however, inasmuch as the political body that does control zoning of the property has approved the proposed land use, he would be inclined to grant the request~ However, he noted that the City Council has denied a number of appli- cations £or the development of mobile home parks on other so-called isolated parcels in industrial areas. Councilman Schutte suggested that the request be granted, subject to annexation of the subject property. The City Manager noted that this proposed practical problems, in that the only way to reach the property is through other intervening County territory. If the intervening parcels were included in the annexation the problem would be resolved; however, this may take several months to accomplish. He suggested that if the request is granted the property could be served, based on an annexation agreement by the Applicant and subject to the payment of all fees at this time, such as park and recreation in lieu fees and sewer and water connection fees, He noted that the City would prefer to have the building permit issued and inspection made by the County, under pres- ent zoning. 69-572 C~ity Hall,. Anaheim~ California - COUNCIL MINUTES - September 10~ 1.769~ 1'30 P.M. Mr~ Knisely noted that the property owner and the developer were represented at the meeting and are in total agreement with the conditions as outlined and would complete the necessary documents for annexation of the property to the City of Anaheim, and pay all fees enumerated by the City Managers Mr. Smedegaard concurred with this statement. MOTION: At the conclusion of Council discussion it was moved by Councilman Schutte, seconded by Councilman Clark that the subject request for City services be granted as recommended by the City Manager, subject to the owner and lessee delivering to the City of Anaheim the necessary documents agreeing to annexation by the City, and further subject to the payment of all fees and charges which would be payable to the City if the property was developed in the City of Anaheim, as stipulated to by Attorneys repre- senting the Applicants~ with the building permit and inspection to be under the jurisdiction of the County of Orange. Roll Call Vote' AYES. COUNCILMEN: Schutte, Pebley and Clark NOES' COUNCILMEN' Dutton ABSTAINED: COUNCILMEN: Krein ABSENT' COUNCILMEN: None MOTION CARRIED. PUBLIC UTILITIES COMMISSION PRE,EARING CONFERENCE' The City Attorney reported that the Public Utilities Commission would conduct a Prehearing in San Francisco on September 22, 1969, regarding proposed legislation to regu- late the blocking of grade crossings by trains. On motion by Councilman Schutte, seconded by Councilman Dutton, the City Attorney was authorized to attend said conference on behalf of the City of Anaheim. MOTION CARRIED. LEAGUE OF CALIFORNIA CITIES - vOTING INSTRUCTIONS: Mayor Clark announced that the Executive Committee meeting of the Orange County Chapter, League of California Cities, would be held September 11, 1969, and his name had been submitted in nomination for the office of Vice-President. Mayor Clark further reported that one name had been offered by the nominating committee for the post of Director, and two others were expected to receive nominations from the floor. As voting delegate for the City of Anaheim he requested voting instructions from the City Council. By general consent, the Council instructed Mayor Clark to cast his vote for Mr. Duan~ Winters, from the City of Fullerton, for the post of Director. RECESS - EXECUTIVE SESSION' At the request of the City Manager, Councilman Peb- ley moved to recess to Executive Session for the purpose of discussing prog- ress made in negotiations with employee organizations. Councilman Krein seconded the motion~ MOTION CARRIED. (4:35 P.M.). ADJOURNMENT: At the conclusion of Executive Session, all Councilmen returned to the Council Chambers, and on motion by Councilman Pebley, seconded by Coun- cilman Krein, the meeting was adjourned. MOTION CARRIED. ADJOURNED: 5:15 City Clerk