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1969/11/1869- 691 City Hall, Anaheim, California - COUNCIL iMINUTES - November 18~ 1969,.. 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Dutton, Kr~in, Schutte~ Pebley (entered the meeting at 1:40 PoM.), and Clark ABSENT: COUNCILMEN: None PRESENT: CITY MANAGER: Keith Ao Murdoch ADMINISTRATIVE ANALYST: John Harding ASSISTANT CITY ATTORNEY: John Dawson CITY CLERK: Dene M. Williams CITY ENGINEER: James P. Maddo× ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Clark called the meeting to order. INVOCATION' Reverend Edward W. Turns o£ the First Baptist Church, gave the Invocation. FLAG SALUTE' Council~lan Dutton led the Assembly in the Pledge of Allegiance to the Flag. MINUTES: Minutes o£ the Anaheim City Council meetings held November 4, November 5 and November 12, 1969, were deferred to the meeting of November 25, 1969. WAIVER OF READING - ORDINA~'CES AND RESOLUTIONS: Councilman Schutte 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 Krein seconded the motion. MOTION UNANI- MOUSLY CARRIED. REPORT - FINANCIAL DEMAN'DS AGAINST THE CITY' Demands against the City in the amount of $753,159.44, in accordance with the 1969-70 Budget, were approved. CONTINUED PUBLIC HEARING - ABANDONMENT -(R/W-69-7A): Public hearing on proposed abandonment of a portion of a roadway located adjacent to the Santa Ana Free- way, northeast of the intersection of Ball Road and West Street, as requested by Royal Coach Inn, Ltd.~ was continued from the meeting of September 16, 1969 to this date for further study as to the alignment of the proposed extension of West Street and possible interchange with the Santa Ana Freeway. The City Clerk submitted and read correspondence received this date from Verne Schlect~ Director of Royal Coach Motor Hotels, wherein it was in- dicated that the Applicant desires to utilize the area requested to be aban- doned as part of the proposed Phase 2 development of the property. Report of the City Engineer was submitted, recommending denial of said request at this time. Mr. Maddox commented that the State Division of Highways has advised that the studies as to the alignment of the proposed West Street interchange would not be concluded for approximately one year. He sug- gested that the City Council may wish to consider a temporary encroachment permit over that portion parallel to the Freeway, to allow the inclusion of this area in the development of Phase 2. Mayor Clark asked if the Applicant was present and wished to address the City Council. Mr. Verne gchlect~ o£ Royal Coach Motor Inn, briefed the Council indicating it was the intent of the Applicant to use the area for parking and landscaping purposes. He called attention to their loss of land on the West Street frontage. Mayor Clark asked Mr. Schlect if the conditions as recommended by the City Engineer were satisfactory. Mr. Schlect replied he was not in a po- sition to answer £or Royal Coach Motor Inn, however, under the circumstances he felt a temporary encroachment parmit was a logical solution at this time. 69~692 City Hall~ Anahei'm~ Califoz'nia- CO[i~CIL M'Ii~UTES- Noven.'Ler 18~ 1.969.t 1-~0...PoM_m~' The: Mayor aSK. ed if anyone else wished to address the Cooncil; hearing no response~ declared the hearing closed° RESOLUTION NO. 69R-654: Councilman Dut'ton of£ered Resolution No. 69R..-65A for adoption~ denying abandonment, as recommended by the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING. THAT A PORTION OF A ROADWAY ADJACENT TO THE SAN~A A~A FREEWAY A~'D NORTHEAST OF THE CENTERLINE INTERSECTION OF BALL ROAD WEST S~REET 'UPON, ALONG, OVER. AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY NOT BE ABANDONDED~ Roll Call Vote~ AY. ES0 £10t'..~',t:ILMEN' Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNC IL~N' None The Mayor d. ealar~d Resolution No. 69R-654 duly passed and adopted. RESOLUTION NO. 69R-655 ~ ~NCROACHMENT PERMIT: On the recomm, endation of the City Engineer, Councilman Dutton offered Resolution No. 69R-655 for adoption~ granting a temporary encroachment permit along the 40-foot ease- ment adjacent to the Santa Ana Freeway only~ for parking and landscaping purposes~ subject to no peratanent structures being erected over said are,a. Refer to Resolution Book. A RESOLUTION OF THE £:ITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING A TEMPORARY ENCROACHMENT PERMIT ALONG CERTAIN AREAS ADJACENT TO THE SANTA ANA FREEWAY. Roll Call Vote: AYES; COUiXiCILMEN: Dutton, Krein, Schutte~ Pebley and Clark NeE S' COUNCILMEN' 'None ABSENT: COUlh'C ILMEN~ None The Ma'yor declared Resolution. No. 69R-655 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 69-70-6 AND VARIANCE NO. 2111: Request submitted b~ L0yd P and Emma H.~Ni~hols f6r a dhange of zone from R-A to R-3, with waivers of minimum distance between~buildings and number of main structures on Portion A only; waiver of permitted uses in the R-3 zone on Portion B only'; the establishment of a 320-unit, two-story, multiple-family development on Portion A; and to utilize Portion B for camper, trailer and boat storage for tenants of Portion A, on property located at the northwest corner of Cres~ent and Chippewa Avenues. The City Planning Commission, pursuant to Resolution No. PC69- 209, recon~ended approval of said reclassification, 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 Chippewa Avenue and 47 feet in width on Crescent Avenue in- cluding a 15-foot radius property line return. 2. That all engineering requirements of the City of Anaheim along Crescent 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 compli~d w~th a~ requested by t~e City Engineer and in ac~ cordance with standard plans and specifi~;ations on f'[le in the office of the City Engineer; that st~)e~t lighting facilities along Crescent and Chippewa Avenues shell be. installed as reqt~ired by the Director of Publh. c Utilities and ir~ a~:ordanc:e with standard plans and specifications on f{~le in the offi~e of t. he DJ~rector of Publ. ir: Utilities, and that a bond in ar, 69-693 City Halls Anaheim~ California - C. OP'NCIL MINUTES - Nov'esr:ils:esr' 18,~1~ 1::30 ,P.M. amount and form satisf'actory to the City of Anahei:: Shall be posted with the City to guarantee the installation of the: above mentioned requirem, en. ts. The engineering requirements along Crescent Avenue shal. 1 not be installed until required b'y the City Engineer. 'ii. That the owners of subje~'.t pro?ert:y shall pay to the City of Anaheim the sum of 15C p~r front foot along Chippewa and Crescent Avenues, for tree planting purposes. ~-. That tho ~.id~walks and driveways sh~]] be inst'.ailed along wa and Crescent Avenues~ as required b> the City Engine~..r and in a<_'.cordan, ce wit'h stan.~ard 'plans and specifi:',ations on file in the office of the City En~ gineer. 5. St:reef. ~ac:,:e.~,s to Portion "B" shall be fro::~ C?hi'p~:~wa Avenue at one drive'way only, and will be lo::ated in the northern section of Portion "B". 6. Shat trash ~.'corage aeneas Shall ~e p':ovided in accord, an:;e with approved :.lans,, on fil~: wi'th the office o~ the D:rec. t.or of Public Works. :'~ That fire hy'drant~: g'hall be in,tailed a~: required and determine:d to ~,e necessary hy' the CS'bier of the Fire Departn:ent, 8. That a 6-.foot: m.a~nry wall shall be cobb. attic',ted along the south- westerly property lip. e of Portion ".A" separating it from. Crescent Avenue and the Santa Ana Freeway, 9. '%hat all air.-.::,ondlt'.ion, ing {acilitie~ ~,hall be properly shielded from view. 10. That subject ':':ro'~er'ty shall he served by underground utilities. ll. Prior to t':he introdu¢:',tion of an ordinan<:e rezoning subject pro- perty, Condition Nos~ i, 2~.~ a?.d :, above ment. ioned~ shall be completed. The provisions of rights grass, ted 'gy this resolution ~hal. 1 become null and void by action of the Cit'~' Council unle,.s~ said'condition~ are com'~lied with within 180 days from the date 'hereo: or such further time as the City Codncil may grant. 12. That Condition ~'os~ 4, 5, 6, 7~ 8~ 9, and 10, above mentioned, s'hall be c'om~lied with prior t.o final building and zoning inspections. 13. That the alignmer~.t of the southwesterly parcel boundary adjacent :o Crescent A've::t:e and the Sant:a Aha Freeway shall be approved 'by t'he State Division of HJgbways prior to ts'he beginning of construction of Phase II and Phase III of subject develop::ent~ 14.. That the owners of subject property shall pay to the City of Anaheim the sum of $75.00 per multiple-family unit, to be used for 'park. and recreation purposes~ said a:not:nt to be paid at the time the building permit is issued. The City Planning Com::~ission, pursuant to Resolution No. PC69-210, granted said variance, subject t'o t'he following conditions: 1., That this variance is granted subject to the completion of Re- classification No. 69-70~.6. 2. That an 8-foot masonry wall shall b~ constructed along the north and west property lines of Portion "B" and to the rear of the required front landscape areas on Chippewa .~.nd Crescent Avenues, prior to utilization of Por.- tion "B" for vehi~:le or boat storage purposes. ~,. That the proposed 60-foot diameter cul-de-sacs in Portion "A" remain :ree of all permanent obstructions to vehicles. 4, That subject property shall be developed substantially in accord- ance with plans and sp, ecifi,sations on file with the City of Anaheim, marked Exhibit No~. 1 a~d 2~ Re'v'i.~ion No. 1. 2oning Supervisor C'harles Roberts noted the location o£ the subject property', the existing uses and zoning in the i:~ediate area, and briefed the evidence submitted to and com. sidered by the City Planning Corrm:ission. He ad- vised that: the plan~ submitted, would divide the property into two separate parcels; Portion A proposed ~or development a.s a multiple-family residential complex~ with Portion B, a 150~£oot by' 190~foot section, located at the north- west corne:' of Crescent and Chippewa Avenues proposed for an interim storage area for campers, trailers and boats, for tenants of Portion A. Th,~ Mayor asked, if the Applicant or his re?resentative was present and concurred with the rec. onm::endations of the City Planning Commission, to which Mr, Morris Hodges~ 160 Hillcrest Drive~ Fullerton, replied in the affirma- tive. Cit~ Hall, Ana'heim~ California - COUNCIL MINUTES -, November 18~ 19697 1'50 Mayor Clark asked if anyone wi.~hcd to address the City Council tn opposition. Mr. Crowl., owner of property located at C~hi'~.i-ew'a and Gree. nleaf~ advised he had no ob.j~=cti, ons to the R,~ use as requested but was opposed to the s~orage area being in the proposed location, based on his opinion that it. would Oec. ome; an eyesore o He felt there were other locations on the property that would serve for storage of campers~ trailers a,~d ~moats~ Councilman Dutt. on Fointed out that: ~,he storage facility would only be an interim u~e, ~ince the proposed Cr£scant Avenue overpass woul6' Oe going through t~bis area sometime in the future~ ~e further stated that he fait the area would be obscure~ inasmuch as an 8-foot wall was required ?:y the City Planning Comm.i. sslon to be constructed around the area, t'.o be set back from th~. property line~ with landscaping in the front. Mr. Crow] then asled how far the setback would be, to which Mr. Roberts replied the setbacks would be 15 fact from the prop,arty line alor. g Chippewa, with landscaping in front~ and 20 feet on Crescent Avenue, The Mayor asked if anyone else wished to address the City Council; hearing no resr~onse, he declared th~. hearing closed.. RESOLU'rlON NO. 69R=656: Councilman Krein offered Resolution No. 69R~656 for adoption, authorizing the preparation of ne~:essar~' ordinance~ changi~.g tke zone as requ~sted, subject to tb.e conditions recom~:ended by the City Planning~ Com~:~issi. o'n, amending Condition No. 1'~'~., thereof to read as follows: "That the. alignment of the southwesterly parcel boundary, adjacent to Cres~, cent Avenue and th= Santa Ana Freeway shall be approved by the City of Ana- heim,, in accordance with plans prepared 'my' the State Division of Highways, prior to beginning of construction of Phase II and Phase III of subject development." Refer to Resolution Book.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETE~ MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (69-70-6 Roll Call Vote. AYES' COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES~ COUNCILMEN: None ABSENT° COUNCILMEN: None The Mayor declared Resolution No~ 69R~656 duly passed and adopted. RESOLUTION' NO. 69R~657~ Councilman Krein offered Resolution No. 69R=657 for adoption~ granting Variance No. 2111, 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 GRANTING VARIANCE NO. 2111. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES' COU ~..~,(f. iLMEN. None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R~657 duly passed and adopted. 69-095 Cit~all, Anaheim, California ~ COUNCIL MINUTES ~ November i8, 1969~ 1:30 P.Mo PUBLIC HEARING- RECLASSIFICA'IIO,X KO. 69-70~.19- TENI'ATIVE MAP~ TRACT NO. 7088: Request suk. m!tted by Alice Adell Brady F£va and Barh'ara Jean H:idle, to con- sider a change in zone from R=A to R~2-5,000~ property lo~:ated on the east side of Rio Vista Street, t:.ort:h of Lincoln Aven'.~,:~ The City Planning Commission, pursuant to Resolution Ne. PC69-211~ recommended said reclassification be a'p~roYed, subject to the following con~ ditions- 1~ That a final tract: map of subject property' shall be sub~zitted to and approved by' the Oity Council and then be recorded in the off[ce of the Orange County Recorder. 2~ That the owners of subject, property shall pa~ to the City of Anaheim the sum of $125~00 '~:er single-family unit~ to be used for park and recreation p~-pose:s, saiS amount to be paid at the t:ime the building p~rmit is issued. Zoning Supervisor' Charles Ro~:~'rts noted the location of the subject property, the existing uses and zoning in the immediate area, and briefed the evidence submitted to and considered by' the City Planning Commission. He advised that the Planning Commission has considered the request and recommends that all of the proposed subdivision. 'be rezoned R-2~5,000, with the e~.:cep, tion of ~hose 6 lots that abut the existing R-1 subdivision inwnediately to the ea,~t, I'he Mayor asked if. anyone wished to address the City Council either for or against said a..g'plication, hearing no respon~se~ he declared the hearing closed. RESOLUTION NO. 69R-658: C. ouncilman Pebley offered Resolution No. 69R~658 for a. doption: authorizing the ~reparation of necessary ordinance, changing the zone as requested., sot~jec, t to the conditions recommended by the City Planning Co'szmis s ion. Refer to Resolution Book. A RESOLUT£OB~ OF THE CITY COUNCIL OF THE' CITY OF ANAHEIM FINDING AND DETER- MINING 7'HAT TITLE 18 OF THE ANAHEIM MU3i'ICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED Atk'D THAT 'IHE BOUNDARIES OF CERTAIN' ZONES SHOULD BE CHANGED~ (69~70~-.19 - R-2~5,000> and R-l)~<~' Roll Call Vote~ AYES: COUNCILMEN- Dutton, Krein, Schutte, Pebley and Cl. ark NOES' COUNCILMEN: None ABSENT: COUI~CiLMEN~ None The M~Tyo~ declare~ R~:soluti. on No, 69R-658 duly lzassed and adopted. TE~Ni'ATIVE %RA(;I' NO. 7088' De-~,,<:loc'.e~ ~ Ponderos. a Hom~s. Inc. ~' tract located on. the east s-Jde of Ri.o Vista St. reet~ north of Lincoln Avenue, and contains 77 proposed R_2~.5~0()0 zor, ed lots. (69- 70-19) . The Clty Planning Com,~ie,'4ion, at the{'z meeting held October 20, 1969, approx;ed sa~d teni:.~tive ~:ag,, subject to ~he following condtt±ons. 1, That chez a._~.~x'oval of TentatJv'e Ma[:, of Tract N'o. 7088 is granted subj~c,: t:,~ the app.roval of Reclassificatic~n No~ 69.-70-.19. 2. That ,should this subd. iv~s:i, on be developed as more than one sub- division, ~ach suhdivisi, on thezeof shall be s'ubn~itted in tentative form for approve i ~ 69-696 City Hall~ Anaheir:, Cali. flornia - CgU!~CIL MIS!~T~'S ~, Nov~m'~er 1~, 1969, 1:~0 P.~i, ~ That i.n ~.ccorda. n~:'.e ~ith City Council policy, a 6=foot masonry wall shall ~'~e con~r~,ct<::d on t.h~ west pro'pc, try lines ,se'pa, rating Lot Nos. 11 through 21 ar~d R:~o Vista ~>t-~e~t, R~-a~'ona'b]e landscaping:~ including i'r~ rigation facilities~ shall Le installed i.n the uncemented portion of the arterial highwa7 parkwa~ the full distanz:~ of said w'all~ plans for said landsca~,ing to ~e ~;~bmitted to and sal. j e~:'t: ro the approval of the SuF. ar~ intendent of Park~'~y Maintenan~:e, Follo?:in8 installation and a.c,c~.;;:ta'~,ce~., the City of Ana. hei~ shall as~dme the re~ons:[~,i, lity for ma:~.nt~narme o:f said landsc, a~ing. 4. That all lots wit:~.in 't'~i~ t:ra~.t shall k~ ~erved by undergro~n,a utilities. 5. That the vehicular ac~,ess right' exc'e'Ft at street and/or alley openi.ng~: tc Rio Vista Street ~hall be dedicated to the City of Ana- heim, 6, That ~treet names ~:k~,ll b~ a~.7. roved by the City of An~eim prior to av'pro~al of a final tra~:t =:.a~,. v. ~ Tfat drainage ~,~all be d'~,~.,.~r:~ ...... ~ of in a mariner that is sa.t~ isfactory to t'he City of Ana'heirr.~ 8, That ~he City of Anaheim dedicate:: the east half of Jeanine Way adjacent to t'be f.roposed Cit? park rite for road and public utility purposes, and that the developer of Tract No~ 7088 shall improve the east half' of Jeanine Way adjacent to 'the: proF. osed City park site with curb, gutter and pa'vem~nt. 9. That all lot.~ along t~ffe calcite'fly property' line adjacent to the e:~:~sting R.~i ~:a'Pdivislon to the east snail ~a reclassified to the R~-i~ One~Fa~:.ily Resldenti. al~ Zone and ~hall have lo[ widths of a minimum of 70 feet '-~' ~ a,~d lot ares.~ of 7 200 square fe:et. Codn,:il!:~an K'reia moved that Ten. Cati,i;,e M:ap~ Tract No, 7088~ be ap'proved~ subject to ttp, e reco~:,endations of t~e City Planning Coma:ission. Councilman Dutton sec,onded the motion. MOTION CARRIED. PUBLIC HEARIi~G -~ RECLASSI~'iCAI:ION NO. 69~?0~20 AND CONDITIONAL USE PERMIT NO.1140- Submitted ky' the Western Avenoe Southern Baptist Church of Anaheim~ request~ ing a change of zone from R~A to R.-75, to ~,ermit the expansion of a churc'h on Porti,,':n A~ and to estaSlish an apartm, ent complex for the elderly with a co~:m~nal ~_at:i.ng fa.~ility on Portion B, with waivers of minimum dwelling un, ir floor area, 'rr':in'Lmum, r)um'Dar of: off,-stre~t parking stalls, minimum b,~ild- ing sit~ area per dwellir~g un2. t, n.i. nimum storage area per carport, ma×imum building height and. minimum h~ilding site width, Property briefly described as located on the west side of Western Avenue, south of Lincoln Avenue. The City Planning Commission, pursuant to Resolution No, FC69-212, reco'~mended said reclassification be approved, subject to the following co'n- dit. ions: 1. That the o~ner of subject property shall pay to the City' of Anaheim the sam of $2.00 per front foot along Western ~venue~ 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 Western Avenue~ for tree plant-, ing purposes. 3. That: the owner of subject property Shall acquire access to the alley along the west line of subject property. 4. That the sidewalks and driveways shall be installed along Western Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City En- gineer, 5. That trauh 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. 7. That a parcel map to record the approved division of subject F;ro?erty be submitted to and approved by the City of Anaheim and then be recorded in the office of the Orange County ~.ecorder, 69,-697 City Hall., Anahelm~ California ,- COL'~'CIL MIN~L?I:ES- Nove~:t,~a. 1 18~ 196~ 1~i!~0 P~Me 8. That. sub.j,~c~ property ~hall te served ~y ~d~g;r::~und u.t~liti~,. 9. That dra-inag~: o~' s~ubject ~?ro~F>erty ~hall Le disposed of in a manner th~ i~ ~atisfactor> ~o the C~t~ Engineer. 10. That a mutual private ingres~ and egre~ eaa~.ement shall be re corded to provide Portion '~A" access to the drive~;ay serving Portion "B". 11. That all air~comditioning fau~ilit:~e~ ~hail be properly shielded from. view. 12, Prior to the introductiop of an ordip~ance rezoni, pg s=.~ject pert-y~ Condition Nos'. ]., 2~ and 7~'.~, above mentioned, shall be completed. The provisions or rights gra~ied b7' this re~ol'ucion ~bail become null and void by actio~t of t~e C~ty' Cocm:::il ur~le~ss said condit:io~s are: complied with with~Ln 180 days from the da~¢,, h~r~of~, o~ s~(:b further c:i~..e as the City Council may grant. 1'~, That Condi. ti~n ~:~.:~.~. 4:. ,5., 6, 7:, 8.. 9, 10, and 11, above tioned~ shall be com~:lled '~,itL prior to final b'uildisg and zoging inspect:ions. 14. That the owne, l.' of su~,ject propert:y sha].l pay to the Cit~ of Anaheio.,~ t'k~e sum of $75.00 p~r multiple.~.fa'~i~ly un:~t, to L.e ustd for park and recreation 7. dl'po~eg. , ~aid an. ou~,t~ ~ '~'~ to 'be ~,~aid at t:b~ t~i::~e the building F~ermit is iai. au ed. 15. That: ordir.:a~ .... ~..~'es reclassifying t]he property shall '~e adopted each Far:~el i~ ready no com'?ly with cop. alit[ohs pertainiL, g to such parcel, pro'vided~ however, that the word "parcel" s'hall mean Fresen. tly existing par..- eels of record and any parcel or parcalz: a':,proved by the City Coancil for a lot apl-' t. The C~ity }'ia~ning Co'ramis,sion~ ~.d~'suant to Resolution N'o. PC69-212;, granted ~aid conditional u~;e ~:rrr~it Jn ?art subject t~ the following co~'~,di,- 10 fl :~ ' 1. That: t'hi:s co:~.dit:;.onal uge per:;:it i,s granted suDject to the coz~- pJ.e~ion of Reclassifi~:at:io.,_ ~'4'o. 69~70-20. 2. That subjec~ p~'operty shall be developed substantially in corda;~ce with Fl a~s ar:.d s'pecifi?.ation:~ on file with the City' of Anaheim, marked Exhibit Nos. 1; 2; 2., 4~, 5, and 6, provided~ however~ that all bache- lot unit~ ~hall be a ~:inimum of 425 sqd:~r.'e feet~ and further provided that each unit shall '~e provided wit'n i00 cubic feet of storage space either with- in the apartme'nt~ de~velopment or carports~ as stipulated to in both insta~:~ce,~..~ by' the ~etitioner. i~',,. That two gates, wide enough for emergency fire vehicles, be provided in ~.he 6-foot high ch,.in lin~ fe.o. ce 'proposed to 'be erec. ted adjac- ent to t'he e:xisting allely along the west property line of subject property, said gates'a specifications to ~e approved by the Fire Department. Zoning Supervisor C'harles Roberts noted the location of the subject prop~rc-,~, the existing uses and zoning in the immediate area, and briefed the evi. d.e~ce, submitted to and c~?,nsidared 'by the City Planning Commission. Mr. Roberts furth.~r reported that the Petitione~-stipulated and agreed to providing a minimum of 425 square feet minimum dwelling unit floor area rather than 372 square feet, and to provide a mini,mum of 100 cubic feet of storage area pe'r carport a:-~ required by Code. M~iyor Clark as~ed if the Applicant was present and concurred with the recommendati~ons of the City Planning Co'm.~is$ion, to which Reverend Harley Murray rest:lied in the affirmati'w:. Mayor Clark asi~ed ~,f anyone wished to speak in opposition. M~'. William D. Cockreil, Vice~President of the Orange County Apart- ment House As$o~iation~ 2024. West Lincoln Avenue, submitted and read a resol.u~ tion of the Orange County Apartment House Association and California Apart~ ment A~$ociation in opposiCiop~ to this project, wherein it was indicated that they opposed any sources es~ousi~zg (1) public ~housing, (2) all forms of govern~ mentally-assisted urban renewal, rede:velopment and rehabilitation, (3) all forms of unfair competition w~th private enterprise in housing by government, whet:b¢¢.r by favorable interest rat.~:~.~ welfare e×e~ptions, rent subsidie~ or any form. of preferent~al treatment~ £or the reason that all of these ten~ to er,asa and ultimately dest~oy pr:~vat:a o~ership of p'rop~rty and the free enterprise ~y~tem, 69-698 C~ty Hall, Anaheim.~ California - COUNCIL MI'~UTES - ~Ove~be~r 18, 196.9~ 1:~.0 P~[. Mr: Cockrell felt thaz projects of this nature were unfair com- petition to their industry and an infringement in the housing industry, supported by our tax dollars~ Councilman Dutton noted that even though the project could qualify technically as non profit, he referred to Condition No.~ 8, wherein the Pe~ titioner had stipulated both verbally and by letter that they would enter' into an agreement, acceptable by the City Attorney, to pay their fair share of City taxes, and service by the Police Department~ Fire Department, trash service, etc~ He further reported that the City of Anaheim is endeavoring to make available ho~sing forlall~s.ag~en, ts~of ou~iso~iety~ Mr. Cockrell replied that the waivers granted allowed for con~ struction of substandard housing, and the private developer would not be granted the same waivers to Code requirements. He concluded his state~er~ts by saying tkat private industry is not given the same 1% financing, but has to pay 9%, and $85~.00 a month r~nt, compared to $125~00 in the same area was unfair to private enterprise~ Mr. Jazaes Mandala, Legislative Chairman, Orange County Apart- ment House Association, addressed the Council in opposition, advising that under a protective blanket of a non-profit corporation these homes for the aged are built,. He called attention to the restrictions imposed on the tenants and felt~ in finality, it meant the beilding of a convalescent home~ He questioned the Government's concurrence with the Applicant's offer to pay taxes based on the%r non-profit classification~ advising if HUD did not agree with this stipulation the taxpayers of this City woold be required to make up the difference. He concluded by commenting that the HUD 236 Program is so new that ground rules have not yet been offi- cially written,. Mr~ Mandala was of the opinion that the granting of subject re- quest exceeded a home for the aged in that it was the opening wedge where- in central Government begins to dictate to local entities what may or may not be done; it means losing our rights to local government, He thereupon requested the proposal not be accepted by the Council° Mrs. Marie Gayk, 3102 West Del Monte Drive, commented that it was her feeling that the area would be unsuitable for an apartment devel-~ opment for the elderly, due to the noise and the amount of traffic created by the elementary, junior high and high schools in the immediate area. Councilman Pebley recalled that the City Council had, in the past~ denied two similar applications for various reasons, one of which was the tax problem. He commented that the Applicant is offering to pay City taxes, not County or School taxes, and concurred with the statements of Mr. Mandala that developments such as this are in conflict with free enterprise~ Councilman Dutton asked the City Attorney for an opinion as to whether or not HUD can overrule the offer made by the Petitioner, to which Assistant City Attorney John Dawson replied, that a carefully worded agree- ment would have to be d~ewn~. The Mayor asked if anyone else had evidence to present. Mr. Marc Verdonck, owner of apartments at 2950 West Lynrose Drive, spoke in opposition to subject petition, commenting that a project of this type is unfair to the apartment owners in the area and that there are several existing low-income bracket apartments in this area. The Mayor asked if anyone else wished to speak in opposition, there being no response, he aSk~ed the Petitioner if he would like to speak in rebuttal. 69-699 City Hall, Anaheim~ California - COUNCIL MINUTES - Novem'Ler 18, 1969, 1'50 ?,M. Reverend M~r. ray~ 219 South We6tern A:venae, in rcLuttal~ stated that the noise factor was only' for a short ~nterval each evenlng~ and. that elderly people are not a.s noise conscious as mar~y would believe~ that insofar as ing unfair t.o private industry, they ar'6 Froviding low.-~co~t housing for a s'~e¢ific need in a specific area fora s~'.~c'ific type of tenant~ whiz~h 'private industry~ has ignorad~ With res?eot to the s,i, ze of the units~ 'he co,~rz~,tented that studies made have shown tgat most e].d. erl~-people live in. one or two-room apartments~ the reason foz t'he co:~r.:t~unal eating facility is to a.s~u.r~ tha, t each tenant has a 'balanced diet and at least one good meal a day~ A~ te the guidelines of HUD 236~ they have been ~stabli~b. ed and they cannot revoke t'.ke agreement with the City relative to ta×e;~. Under HUD 2'26 40% of' tb~ tenants could re~ceiv'e subsidy from the Go~-ern'..~en.t on the rental, 'wgereag they', as a corporation, could not, In sum~r:ati.on~ he stated that the, ir interest rat~ is the same as that paid t'? the private de. veloper~ but off~et by FHA. M~:.s~ Mary Berlin.~ 148 West Lincoln Avenue, spoke in favor of the project:, commenting t'hat t:'h:~ir limited in~;ome cre.;ated a hard. g, hip in finding a nice place to live. Farther, she could obtain a bund'red sig'n~t'ures ins such a ?to j eot. Mr. Mandala., .£n conclu;~:Lon advised that. wherever the Government has authority i~ can re~c. ind ~y dec. ree~ t'h~t ~.~..riaan~ have always tended to and taken c:,ar~ of the 'ne:=,ds of. t'neir '~?eople through taxation. Tb.e Mayor a~'~.ed if a'~'O"one else wished to address the City' Council, there geing no res'?on~e~ declared the 'bearing closed. RESOLUTIOi!~] NO. 69R~,659' Counc. ilma~z Dutton offered Resolution No. 69R~659 for ado~ti, on~ autharizing the ~re. paration of necessary ordinance, changing the zone as req's.ested~ subject to the conditions recormmended by the City' P 1 ann lng £1or:a~,.i s ~ i on, Refer to Resolution Book. A RESOLgTIO~ DF TH~ CITI' COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TIYLE 18 OF THE ANAHEIM MI!NICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED A~D %HAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (6~?0~e0- ~,5) R?ll Call Vote' A~ES" COUNCILMEN' D'utton, Schutte, Pebley and Clark ~OES: COUNCILM~ N: Krein ABSENT" COUNCILMENo None The Mayor declared Resolution No. 69R-659 duly passed and ad:opted, RESOLUTION NO. 69R-660' Councilman Dutton offered Resolution No. 69R-660 for adoption~ granting Conditional Use Permit No. 1140~ 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 CONDITIONAL USE PERMIT NO. 1140. Roll Call Vote° AYES: COUNCILMEN: DuCton, Schutte, Peblev and Clark NOES ~' C OUNC ILME;N: Kre in ABSENT: COUNCILMENo None The Mayor declared Re;solution No. 69R.-660 duly passed and adopted, 69-700 City Hall, Anaheim~ California - COUNCIL MINUTES - November 18~ 1969~ 1:30 P~M, PUBLIC NEARING - VARIANCE NO. 2~30: Request submitted by Paul Treat, to estab~ lish ~ l!7-unit one and two-story apartment complex, with waivers of mini- mum distance between buildings~ maximum number of main buildings on a site, minimum building site area per dwelling unit, and minimum living unit ~loor area. Property presently zoned R-3 and R-A (R-3 pending - 69~70~7), lo~ cated at the northeast corner of Crand Avenue and Del Monte Drive. The City Planning Commission, pursuant to Resolution No. PC69- 293, granted said variance in part, finding waiver of maximum number of main buildings on a site unnecessary, subject to the following conditions' 1. That this variance is granted subject to the completion of Reclassification No. 69-70-7. 2. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director o~ Public Works~ 3. That fire hydrants shall be installed as required and de- termined to be necessary by the Chief of the Fire Department. 4. That all air-conditioning facilities shall be properly shielded from view~ 5. That subject property shall be served by underground utilities, 6~ That Condition Nos. 1~ 2, 3~ 4, and 5, above mentioned, shall be complied with prior to final building and zoning inspections. 7. That the owner of subject property shall pay to the City of Anaheim the sum of $75~00 per multiple-family unit, to be used for park and recreation purposes, said amount to be paid at the time the building permit is issued 8~ 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. Zoning Supervisor Charles Roberts noted the location of subject property, the existing uses and zoning in the immediate area, and briefed the evidence submitted to and considered by the City Planning Commission~ He advised that the Commission deems it necessary to amend Title 18 to re- flect the fact that bachelor units should be recognized and permitted in R-3 zones with a minimum floor area of 425 square feet, provided that not ~nore than 35% of the total number of units in a project be developed as this type of unit. 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. The Mayor asked if anyone wished to speak in opposition. Mrs~ Helen Schwartz, 3106 West Del Monte Drive, objected to said. variance on the basis of allowing an ~"Adults Only" complex in an R-3 family area, creating additional traffic and parking problems as there is no exit to Lincoln Avenue for the ingress and egress of traffic, thereby requiring all traffic to use Del Monte Drive and Grand Avenue~ Further, an "Adult Only" complex will introduce to the area people with no family ties or res- ponsibility. Mr. Maddox, City Engineer, reported that Grand Avenue south of Lincoln Avenue is presently a 32-£oot dedicated street to Lincoln Avenue on the west side of subject property and that this 32-foot strip as well as the dedication for the extension of Del Monte Drive will be improved concurrently with this development. Mr, William S~ Phelps, 914 East Katella Avenue, advised that they own the entire property, including the Lincoln Avenue frontage, and intend to open and improve Grand Avenue to Lincoln Avenue as well as Del Monte Drive with this development. He felt that there had been some misunder- standing on the part o£ Mrs. Schwartz, in that this is not an "Adults Only" community, but it is a planned, family community within a family area, with twelve 3-bedroom units~ and better than 40% 2-bedroom~ 2-bath units. Mayor Clark asked i£ anyone else wished to speak in opposition. 69-701 ,City Hall, Anaheim~ Califor~.i~a - COUNCIL MINUTES - November 18'~ 1969~ 1:30 P..M. Mrs. Marie Gayk, 3102 West Del Monte Drive, addressed the Council in opposition, also being under the impression that the project was proposed to be an "Adults Only" complex., She called attention to the difficulty pres- ently experienced in getting out of their driveway which would be agsravated should the project be approved: It was again explained that the project was not intended to be for adults only and that the easterly 32 feet of Grand Avenue will be improved and extended northerly to Lincoln Avenue. The Mayor asked if anyone else wished to address the City Counc{l~ there being no response, declared the hearing closed. RESOLUTION NO. 69R-661. Councilman Dutton offered Resolution No. 69R-661 for adoption, granting Variance No. 2130, §ubject to the conditions recommended by the City Planning Commission, and with the additional condition that the east- erly 32 feet of Grand Avenue would be developed through to Lincoln Avenue, concurrently with this development. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2130. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-661 duly passed and adopted. PUBLIC HEARING - AMENDMENTS TO TITLE 18~..ANAHEIM MUNICIPAL CODE: Public hearing was ordered to consider Amendments to T~le 18 of the Anaheim Municipal Code, pursuant to City Planning Commission Resolution No. PC69-214, deleting "Ex- hibition Hall, Theatre and Auditorium," in C-1 and C-2 zones as a permitted use, establishing these activities under conditional use permit requirements. The Mayor asked if anyone wished to address the Council. Hearing no response, declared the hearing closed. ORDINANCE NO. 2751: Councilman Pebley offered Ordinance No. 2751 for first reading, amending Title 18 of the Anaheim Municipal Code, as recommended by the City Planning Commission. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.40, C-l, GENERAL COMMERCIAL; AND CHAPTER 18.44, C-2, GENERAL COMMERCIAL; AND CHAPTER 18.64, CONDITIONAL USES. PUBLIC DANCE PERMIT: Application filed by Frances B. Gonzales, on behalf of Socie- dad Progresista Mexicana ~24, to conduct a public dance on November 23, 1969, at Carpenter's Hall, 608 West Vermont Avenue, was submitted and granted sub- ject to provisions of Chapter 4.16 of the Anaheim Municipal Code, as recom- mended by the Chief of Police, on motion by Councilman Dutton, seconded by Councilman Krein. MOTION CARRIED. TENTATIVE TRACT NO. 6792~ REVISION NO. 1 - EXTENSION OF TIME: In accordance with request of Mr. C.J. Queyrel, of Anacal Engineering Company, and on recommen- dation of the City Engineer, one year extension of t,Dme was granted on Ten- tative Tract No. 6792, Revision No. 1, on motion by Councilman Dutton, second- ed by Councilman Krein, MOTION CARRIED. TENTATIVE TRACT NO:. 6647, REVISION NO. 2 - EXTENSION OF TIME' In accordance with request of Richard R. Schmid, of Williamson & Schmid, and on the recommenda- tions of the City Engineer, one year extension of time was granted on Tenta- tive Tract No. 6647, Revision No, 2, on motion by Councilman Dutton~ seconded by Councilman Krein. MOTION CARRIED. 69-702 City Hall~ Anahe£m, California - COUNCIL MINUTES - November 18, 1969, 1'50 RECESS: Cou~t-Liman Pebley moved for a 15-mi. nute Recess. Councilman Du'tton seconded the motion, MOTION CARRIED, (3:15 P,M.). AFTER RECESS: Mayor Cla~ ~ _~.~led the meeting to order, all members of the City Council eeing pres~c~ (~'30 P~Mo)~ ORANGE COUNTY !ISE VARIANCE NO. 6~43 - CONTINUED USE: Pursuant to the request of Mr. Lloyd G, Castle:berry for continued use of property located at the north- east corner of Cherry Street and Van Buren Street, in Atwood, for an auto repair and wrecking 2ard~ the City Planning Con~ission recommended approval of said request, subject to enclosure of the entire proposed outdoor use by a minimum 6~foot h~gh masonry wall; and that a minimum of 5 feet of land- scaping be provided adjacent to Van Buren and Cherry Streets. Said recommendations of the City Planning Commission were sus- tained and ordered forwarded to the Orange County Planning Co~mission, on motion by Councilman Krein, seconded by Councilman Schutte. MOTION CARRIED. RESOLUTIO~ NO. 69R-662 - WORK ORDER NO~ 573-A: In accordance with recommenda- tions of the City Engineer, Councilman Krein offered Resolution No. 69R- 662 for adoption. Refer to Resolution Book. A RESOLUIIO5 OF THE CilrY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAl, AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, iNCLUDING POWER, FUEL AND WATER, AND PERFORM- lNG ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM.- FROVEMENT: THE IMPROVEMENT OF ANAHEIM BOULEVARD FROM APPROXIMATELY 600 FEET SOUTH OF CERRITOS AVENUE TO APPROXIMATELY 1,326 FEET SOUTH THEREOF, IN THE CITY OF ANAHEIM, WORK ORDER NO. 57~-A. (Sully-Miller Contracting Company - $11,496.75.) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES .~ COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-662 duly passed and adopted. CALL FOR BIDS: Councilman Pebley offered Re$oi~,tion Nos. 69R-663 to 69R-666, both inclusive, for adoption. Refer to Resolution Book~ RESOLUTION NO. 69R-663 - WORK ORDER NO. 503: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CON- VENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUB- LIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF FEE ANNA STREET, FROM LA PALMA AVENUE TO APPROXIMATELY 700 FEET SOUTH THEREOF, IN THE CITY OF ANAHEIM, WORK ORDER NO. 503. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SFECIP'iCATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - December 11, 1969, 2:00 P.M.). RESOLUTION NO0 69R-664 - WORK ORDER NO. 579-A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CON~ VENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE SUNKIST-BALL ROAD STREET IMPROVEMENT, IN SUNKIST STREET FROM APPROXIMATELY ?O0 FEET NORTH OF BALL ROAD TO BALL ROAD, AND IN BALL ROAD FROM APPROXIMATELY 170 FEET EAST OF SUNKIST STREET TO APPROXI- MATELY 1,315 FEET WEST THEREOF, IN THE CITY OF ANAHEIM, WORK ORDER NO. 579-A. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR 69-703 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 18, 1969, 1:30 P.M. THE CONSTRU(]TION THEREOF; ADTHORIZING THE CONSTRUCTION OF SAID PUBLIC IM- PROVEMENT IN ACCORDANCE Wi'~[i SAID PLANS, SPECIFICATIOR'S, ETC.; AND AUTHORIZ- ING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSJ.LS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - December 11, 1969, 2:00 P.M.). RESOLUTION NO. 69R-665 - WORK ORDER NO. 347: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE GILBERT-LA PALMA AVENUE STREET IMPROVEMENT, IN GILBERT STREET FROM APPROXIMATELY 700 FEET NORTH OF LA PALMA AVENUE TO APPROXIMATELY 100 FEET SOUTH THEREOF, AND IN LA PALMA AVENUE FROM APPROXIMATELY 500 FEET EAST OF GILBERT STREET TO APPROXIMATELY 50 FEET EAST THEREOF, IN THE CITY OF ANAHEIM, WORK ORDER NO. 347. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPE- CIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSAL5 FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - December 11~ 1969, 2:00 P.M.). RESOLUTION' NO. 69R-666 - WORK ORDER NO. 1219: A RESOLUTION OF THE CITY COUBCIL OF THE CITY OF ANAHEIM FIN'DING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, %O WIT: THE LEWIS STREET SEWER IMPROVEMENT FROM APPROXIMATELY 650 FEET SOUTH OF KATELLA AVENUE TO PACIFICO A~ENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1219. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHOR- IZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PRO- POSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - December 11, 1969, 2:o0 P,M,). Roll Call Vote' ~_,.:~,,S COUNCILMEN" Dutton, Krein, Schutte, Pebley and Clark ROE S: COUNCILMEN: None ABSENT' COUNCILMEN' None !.'i',e Mayor declared Resolution Nos. 69R-663 to 69R-666, both inclu- sive> duly passed and ado'pted. PROPOSED ABANDONMENT- Councilman Dutton offered Resolution No. 69R-667 for adop- tion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTEN- TION TO VACATE AND ABANDON AN EXISTING ROADWAY COMMONLY KNOWN AS OLD JEFFERSON STREET AND AN EASEMENT FOR ROADWAY PURPOSES, BUT RESERVING AN EASEMENT FOR PUBLIC UTILITY PURPOSES, FIXING A TIME AND PLACE FOR A HEARING THEREON; DI- RECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION. ( 69-9A - Old Jefferson Street - Public Hearing December 9, 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~667 duly passed and adopted. CANCELLATION OF COUNTY TAXES: On motion by Councilman Pebley, seconded by Council- man Schutte, the Orange County Board of Supervisors was requested to cancel County taxes on property acquired by the City of Anaheim for Municipal purposes, pursuant to Resolution No. 69R-617, recorded November 5, 1969, as Document No. 2163, in Book 9129, at page 406, Official Records of Orange County, California. (Henry Wagner Estate, 975 South State College Boulevard.) MOTION CARRIED. 69~704 City Hall~ Anahei'm, California - COUNCIL MINUTES - November 18~ .~969~ 1:30 PURCHASE OF EQUIPMENT~ The City Manager reported on informal bids received for the purchase of two Digger Derricks and Truck Bodies, to be used by the Public Utilitities Department, Electrical Division, as follows: VENDOR TOTAL AMOUNT~ INCLUDING TAX Pitman Manufacturing Company, City of Industry - - $59,929°80 SABCO, Los Angeles 65,076.90 On motion by Councilman Pebley, seconded by Councilman Dutton~ purchase of said equipment was authorized from Pitman Manufacturing Com.- pany, in the amount of $59,929.80, including tax, as recommended by the City Manager. MOTION CARRIED. RESOLUTION NO. 69R-668 - DEED OF EASEMENT. Councilman Krein offered Resolution Noo 69R-668 for adoption~ Refer to Resolution Book~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED FOR PUBLIC STREET PURPOSES IN, OVER, UNDER, ALONG AND ACROSS CERTAIN PROPERTY OF THE SOUTHERN PACIFIC COMPANY AT CROSSING NO~ BAA-511~4 Roll Call Vote. AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES- COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-668 duly passed and adopted. AGREEMENTS: Council'man Pebley offered Resolution Nos. 69R-669 and 69R-670 for adoption. Refer to Resolution Book. RESOLUTION NO~ 69R-669: 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 ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY PROVIDING FOR THE WIDENING OF VERMONT AVENUE AT THE CROSSING OF THE SANTA FE TRACKS, SAID CROSSING DESIGNATED BY THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA AS CROSSING NO. 2-168.7. RESOLUTION NO. 69R-670' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING COOPERATIVE AGREEMENT BETWEEN THE CITY AND THE STATE DIVISION OF HIGHWAYS FOR THE CONSTRUCTION OF THE DOUGLAS STREET OVERCROSS- lNG STRUCTURE OVER THE ROUTE 57 FREEWAY. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES~ COUNCILMEN' None ABSENT: COUNCILMEN: None The Mayor declared Resolution Nos~ 69R-669 and 69R-670 duly passed and adopted. CORRESPONDENCE: The following corespondence was ordered received and filed on motion by Councilman Dutton, seconded by Councilman Krein: a. Financial and Operating Reports for the Month of October,1969. b~ Before the Public Utilities Commission of the State of Cali- fornia - Investigation on the Commission's own motion into the Tariff Schedules, Rates, Rules~ Charges, Operations, Practices, Contracts, Ser- vices and Aesthetics and Economics of Facilities of all Electric and. Com- munication Public Utilities in the State of California - Opinion and Order After Further Hearing. 69-705 City Hall, Anaheim~ California - COUNCIL MINUTES - November 18, 1969~. 1:30 P.M. c. Before the Public Utilities Commission of the State of Califor- nia - Investigation on the Commission's own motion into the Rules Pertaining to Underground E×tensions to Commercial and Industrial Developments and to Individual -ustomers of all Electric and Communication Public Utilities in the State of California - Order Instituting Investigation. MOTION CARRIED. ORDINANCE NO. 2746: Councilman Dutton offered Ordinance No. 2746 for adoptions Refer to Ordinance Book~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 16, CHAPTER 16o16 OF THE ANAHEIM MUNICIPAL CODE BY AMENDING SECTIONS 16.16.030, 16.16o040 AND 16.16o 050 THEREOF. (Fire Zones) Roll Call Vote' AYES. COUNCILMEN. Dutton, Krein, Schutte, Pebley and Clark NOES- COUNCILMEN- None ABSENT: COUNCILMEN. None The Mayor declared Ordinance No~ 2746 duly passed and adopted. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS: The following applications were presented by the City Manager to the City Council for their information' a. Application submitted by Sy-Roy, Inc., (Leroy and Virginia Ferg, and Sylvester Eugene Gotto) for On-Sale General, Bona Fide Eating Place, Per- son-to-Person Transfer, for The Inn, 3244-46 West Lincoln Avenue. (C-1 zone, Conditional Use Permit No. 1054). b. Application submitted by Lamport Corporation (Francis Wayne Withers~ Donald L. Eddy, and Edward Shedlowski) for On-Sale General, Bona Fide Eating Place, Person-to-Person and Corporation-to-Corporation Transfer, for the Grand Hotel, 7 Freedman Way, Anaheim. (C-R Zone). ct Application submitted by Donald Paul and Dennis Robert Zinda, for New O~-Sale General, Original Application, for Zinda~s Liquor, 1679 West Katella Avenue, Anaheim. (C-1 Zone). No Council action was taken on the above applications. ALCOHOLIC BEVERAGE LICENSE APPLICATION: The City Manager reminded the City Council that it had been their intention to file a conditional protest with the Alco- holic Beverage Control Board on application submitted by Eugene Oo Gates, for New On-Sale Beer License, at The Cozy Corner, 300 East Lincoln Avenue, pre- sented at the meeting of November 4, 1969, if subsequent investigation revealed that subject premises were within 600 feet of either of two churches in the immediate vicinity, and reported that findings revealed that said Cozy Corner is within 660 feet of these two churches° On motion by Councilman Pebley, seconded by Councilman Schutte, the City Attorney was authorized to file conditional protest with the Alcoholic Beverage Control Board against said application° MOTION CARRIED° ~RODUCE STAND - 1525 SOUTH EUCLID STREET' Development Services Department Staff Report relative to subject produce stand was submitted at the meeting of No- vember 12, 1969, and deferred to this date for further study. At the request of Mayor Clark Zoning Supervisor Charles Roberts read for the record the specific Building Code violations; these being: (1) Section 301-A of U.BoC. - requires that permit be taken out for construction. (2) Section 301-B - requires that plans be submitted in connec- tion with obtaining a Building Permit. (3) Section 303 - requires Permit Fees~ (4) Section 304 - requires construction be inspected. (5) Section 306 - prohibits occupancy of a building until final inspection~ 69-706 .City Hal_l_, Anabeim.~ California - COI~'CIL MIN'CTES - l~ov'e~.~'o~r 18_z_1969~' 1'30 (6) Section 104-5 - require~ rep~.ir~ e:~ceeding 50% of th~ build.~. lng must be brought up to ei,:isting Code~o (7) Section 1105 - requires sanitary facilities° He next read a list of violations pertaining to sanitary require- raents, these being: (1) Section. 6~64~020 - requires permits for sanitary facilities. (2) Section 6.64.030 - concerns constructlon~ convermion and alteration of food-handling businesses° (No plans submitted). (~) Se~ction 6~64.040 - Sanitary' Requirements: (a) Food not protected from dust, in- sects, etc~ (b) No toilet facilities with hand-wash- ing facilities on site. (c) No sink for washing utensils and equipment. Discussion was held by the City Count. il and it was 'noted that the operator of said stand was willing to comply' with all requirements. The Mayor then asked the City Attorney to render an opinion° Assistant City Attorney John Dawson reported that on February 11, 1969, the City Council adopted Ordinance No~ 2634, amending Section 18.16.020(4) of the Anaheim Municipal Code, to allow the "incidental sale of agricultural prod'~ce grown, on the pren~ises only," in R-A zones, and as a result of this a~:endment subject produce stand became a non-conforming use and, therefore, could continue to operate as such for a period of three years or until February, 1972. He reported that since the old stand had been demolished and a new' one constructed it no longer fell within the status of a use in a non~ conforming building but is now' illegal, inasmuch as the Code reads in part, "A non-conforming use in a non-conforming building may be expanded or e×~ tended throughout such building, provided no structural alterations, ex~ cept those required by law or ordinance are made therein." He further re- ported that if the Council determined that the structural alterations made were those required by law and ordinance, then the non-conforming use could continue, but in any event the use would cease in 1972. He stated that, in his opinion, the solution would be for the owner to apply for a condi- tional use permit~ Mr. Frank M. Clayton, 1516 South Euclid Street, owner of property directly across the street from subject produce stand, addressed the City Council, stating that some time last year this stand was expanded from 10 feet by 20 feet to 20 by 20 feet; that he had reported this and no action was taken and this recent expansion increased the size of the stand to 40 feet by 40 feet. He referred to his own application for C-1 zoning on his property, wherein certain conditions were imposed to which he could not comply~ consequently he was unable to use his property commercially. He concluded his remarks by stating that the same rules should apply to everyone equally in. all instances. Mx'. Clayton reported an average of 200 cars a day at the produce stand and felt the street should be widened and ingress and egress provided to alleviate a present tra££ic hazard.. He again stated that if Mr. Margul- ieux is permitted to disregard the laws of the City, he should be permitted the same privilege. Councilman Pebley felt that if the Council made an exception in this case a precedent would be established for other businesses to follow. In response to Councilman Schu. tte~s questioning, Mr. Herman Margulieu×, operator of the produce stand, stipulated and agreed to con- form to all Code requirements. Mr. Roberts called attention to a poss~ le problem in the event the street is widened in that the stand as presently enlarged will encroach in the ultimate public right-of-way~ 69- 707 City Hall, Anaheim, _California - COUNCIL MINUTES ~ Novemi~er 18 1969 1:30 P~M. Councilman Schutte felt certain that the owner of the property would make whatever dedication is nec. essary for street widening. Discussion was held by the Council, at the conclusion of which Coun- cilman Dutton moved that a conditional use permit and any variances necessa~:y be applied for within one weeK; and to make immediately those repairs necessary for safety? and further move~ that the operator be permitted to continue opera-~ tion until action on the conditional use permit is; fin~lized. Councilman K?ein seconded the motion~ MOTION CARRIED. RESOLUTION NO, 69R-671: The City Manager called attention to certain typographical errors in schedule n'uT~ber~{ of four classifications i~n Salary Resolution No. 69R-600 and recommended correction be authorized~ Coancilman Dutton offered Resolution. No. 69R-671 for adoption~ amend- ing Resol. u'tio_-~ No. 69R-600 n,ar,,~; pro tune.~ Refer to Resolution Book.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING AND ESTAB- LISHING RATES OF COMPENSATIO~ FOR VARIOUS JOB CLASSES, AND AMENDING SECTION 1 OF RESOLUTION NO, 69R-600. Roll Call Vote' AYES· COUNCILMEN: Dutton~ Krein, Schutte~ Pebley and Clark NOES: COO~CILMEN: None ABSENT' COUNCILMEN° None The Mayor declared Resolution No. 69R-671 duly passed and adopted. APPOINTMENT .- ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT. On motion by Councilman Schutte.~ seconded by Councilman Dutton, Councilman Krein was reappointed to the Orange County Mosquito Abatement District Board of Trustees. MOTION CARRIED° BALLOT MEASURES - 1970 ELECTION: The City Manager requested time at the meeting of November 25, 1969~ to discuss various ballot measures that have been considered by the Council for ~o~sible inclusion on the April~ 1970 Ballot. RESOLUTION~,.~'~,'~ 69R-672~ ~ BROOKSIDE ANNEXATION' (UNINHABITED) ' Pursuant to author.- ity granted by' Local Agency Formation Commission Resolution No. 69-158, Coun- cilman Dutton offered Resolution No. 69R-672 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY' OF ANAHEIM APPROVING THE ANNE~I- TION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED AS BROOKSIDE ANNEXATION, (Uninhabited)~ Roil Call Vote° AYES: COUNCILMEN; Du%ton, Krein~ $chutte~ Febley and Clark NOES~ COUNCILMEN' None SENT COUNCILME~;i None The Mayor declared Resolution No. 69R-672 duly passed and adopted. CROSSWALK - SYCAMORE ,iT CLEMENTINE STREETS: Councilman Dutton recommended a cross- walk be installed on the north side of Pearson Park,, on Sycamore Street at Clementine Street. The City Manager advised he would refer to the matter to Mr, Ed Granzow, Traffic Engineer, for investigation~ EXECUTIVE SESSION- At the request of Mro Murdoch, Councilman Pebley moved to re- cess to .~×ecutive Session, Councilman Krein seconded the motion. MOTION CARRIED, (4 40 P.M.). 69-708 ~itx,Hal.l~ Anaheim~ California - COUNCIL MI~TES - November 18~ 1969, 1:30 ADJOURNMENT: At the conclusion of the Executive Session, and on return of all Councilmen to the Council Chambers, Councilman Krein moved to adjourn. Councilman Schutte seconded the motion. MOTION CA~IEDo (4:54 P.M.). SIG~D, City Clerk C..ity Hall, Anaheim~ California - COUNCIL MINUTES - November 2.5., 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 A. Murdoch CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Williams 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 John D. Robinson, of the East Anaheim Methodist Church, gave the Invocation. FLAG SALUTE: Councilman Pebley led the Assembly in the Pledge of Allegiance to the Flag. MINUTES: Minutes of the Anaheim City Council regular meeting held November 4, adjourned regular meeting held November 5, and regular meeting held Novem- ber 12, 1969, were approved on motion by Councilman Pebley, seconded by Councilman Dutton. MOTION CARRIED. 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 read- ing of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Schutte seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $752,801.36, in accordance with the 1969-70 Budget, were approved. PRESENTATION - AMERICAN FIELD S~RVICE STUDENTS: Mr. Bill Daly, of Anaheim Union High School, briefly described the concept of the American Field Service Organization and introduced students from Germany, Guatemala, Brazil and France. Mayor Clark welcomed the students and presented each one with souvenir tokens of the City. PUBLIC HEARING - LA PALMA-FEE AN~ ANNEXATION: Pursuant to Resolution No. 69R- 583, duly published in the Anaheim Bulletin and Placentia Courier on Octo- ber 22 and 29, 1969, and written notices mailed to the owners of property appearing on the last Equalized Assessment Roll, public hearing was held on proposed annexation of uninhabited territory, known and designated as the La Palma-Fee Ana Annexation.