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1968/05/14 r ~ n 68-239 City Hall. Anaheim. California - COUNCIL "MINUTES - May 7. 1968. 1:30 P.M. c. Application submitted by Winfred Orville and Lillian Imojean Reid, for Person-to-Person Transfer of On-Sale Beer License, for The Gold Room, ,508.: South Knott Avenue, (C-l zone, Conditional Use Permit No. 776.) d. Application submitted by Emerson Henry and Natalie Flora Tiffany, for Person-to-Person Transfer of On-Sale Beer License, for The Golden Key, 2625 West Lincoln Avenue, (C-2 zone.) No Council action ~as taken on the foregoing applications. RESOLUTION NO. 68R-245: Pursuant to action taken by the City Council on April 16, 1968, approving increase of architectural fees for additional work on the Police Building additions, Councilman Dutton offered Resolution No. 68R-245 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THAT CERTAIN AGREEMENT FOR ARCHITECTURAL SER- VICES ENTERED INTO ON DECEMBER 26,1967, BETWEEN THE CITY AND MANUEL P. MENDEZ. Roll Call Vote: AYES: NOES: ABSENT: Dutton, Krein, Schutte, Clark and Pebley. None. None. COUNCILMEN: COUNCILMEN: COUNCILMEN: The Mayor declared Resolution No. 68R-245 duly passed and adopted. RESOLUTION NO. 68R~246: On report and recommendations of the City Attorney, Counci~man Dutton offered Resolution No. 68R-246 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE UTILITIES DIRECTOR TO SELL WATER SERVICE LOCATED AT 10722-32 KATELLA AVENUE TO THE CITY OF GARDEN GROVE. Roll Call Vote: AYES: NOES: ABSENT: Dutton, Krein, Schutte, Clark and Pebley. None. None. COUNCILMEN: COUNCILMEN: COUNCILMEN: The MaY9r declared Resolution No. 68R-246 duly passed and adopted. REQUEST - WESTERN MISSIONARY ARMY: Mr. Davis reported, for Council information, on request for solicitation permit received from Western Missionary Army, to support activities of their organization, advising that the amount of funds used in the applicant's actual solicitation process will be more than the limit of 10%, as provided by the Anaheim Municipal Code~ "that to deny their request would mot prohibit the organization from proceeding with their missionary or religious work. The City Manager was authorized to reply accordingly, and no further action was taken by the City Council. REQUEST - SYNANON FOUNDATION: For the information of the City Council, Mr. Davis reported on request received from the Synanon Foundation, of Santa Monica, ~ot ~olititation permrt, and permission" to "conduct a lottery. He advised that the lottery could not be granted in any case, and Council Policy No. 116 provides for administrative granting for requests by local charitable organizations only, to conduct fund-raising events. The City Manager was authorized to reply accordingly, and no further action was taken by the City Council. ADJOURNMENT: Councilman Krein moved to adjourn. Councilman Schutte seconded the motion. MOTION CARRIBD. ADJ~ED: 4:50 P.M. SIGBEl). ~ I ht ~,' J ~~J - City Clerk 68-240 City Hall. Anabe~. California - COUNCIL MINUTES - May 14. 1968. 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSBNT: PRESENT: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley COUNCILMEN: None CITY MANAGER: Keith A. Murdoch ASSISTANT CITY MANAGER: Robert Davis CITY ATTORNEY: Joseph Geisler CITY CLERK: Dane M. Williams CITY ENGINEER: James P. Maddox ASSISTANT DEVELOPMENT SERVICES DIRECTOR: Robert Mickelson ZONING SUPERVISOR: Ronald Thompson PERSONNEL DIRECTOR: Roy Heissner Mayor Pebley called the meeting to order. INVOCATION: Reverend Donald F. Carter, of Grace Brethren Church, gave the In- vocation. FLAG SALUTE: Councilman Schutte led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATION: Mayor Pebley proclaimed the week of May 19 to 25, 1968, as "Realtor Week." INTRODUCTION: Councilman Clark introduced the President of the Anaheim Board of Realtors, Robert Hostetter, and Executive Vice-President, Patricia Jones. ,~ INVITATION~ On behalf of the Anaheim American Legion, Post #72, Mr. Donald Douglas extended to the City Council an invitation to attend their Second Annual Policemen's and Firemen's Awards Dinner, to be held June 21, 1968, 6:30 P.M., at the La Palma Park Recreation Building. MINUTES: Approval of the Minutes of the Anaheim City Council meetings held April 30 and May 7, 1968, was deferred one week, May 21, 1968. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Krein moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen, unless after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $173,416.73, in accordance with the 1967-68 Budget, were approved. OONTINUED PUB~C HEARING - VARIANCE NO. 1958. AND PUBLIC. HEARING - HOUSEMOVING PERMIT: R-3 zoned property, located on the south side of Julianna Street, east of Citron Street, (710 West Julianna Street.) VARIANCE NO. 1958:. Submitted by Martindaniel, Incorporated, requesting permission to establish a single-story, 8-unit apartment building, with waivers of minimum floor area and minimum sideyard setback. Public Hearing was continued from the meeting of April 23, 1968, to be heard in conjunction with public hearing on house- moving request, and for report from the Planning Commission on revised plot plan. Pursuant to Resolution No. PC68-85, the City Planning Commission denied said variance. HOUSIMOVING PERMIT: Submitted by Martindanie1, Incorporated, requesting permis- sion to move four single-story structures from 346-348-356-358 North Center Street, Orange, to 710-A, 710-B, 7l4-A and 714-B West Ju1ianna Street, Anaheim. Said ap- plication was reviewed by the City Council, together with recommendations of the Development Services Department. Zoning Supervisor, Ronald Thompson, noted the location of subject pro- perty and briefed the background of denying said application. He advised that the four structures to be moved in were duplex-type apartments; that four addi- tional new structures would be constructed on the property. o J J 68-241 City Hall. Anaheim. California - CO~CIL MINUTES -Mav 14. 1968. 1:30 P.M. It was noted that continu~ public hearing on Variance No. 1958, was readvertised to reflect the revised plot plan and in conjunction with public hearing on the housemoving permit application, and Mr. Thompson re- ferred to the amended staff report received in the office of the City Clerk May 8, 1968. r Revised plot plan was reviewed by the City Council, together with amended rec6mmendations ,ofi:he Zoning Division, dateg May 14, 1968, pertain- ingto the variance, and also staff report pertaining to moving permit. Mayor Pebley asked if the applicant wished to address the City Council. Mr. Daniel C. Cohen, Authorized Agent representing Martindanie1, Incorporated, advised that two of the new units proposed to be constructed on the property would contain 805 square feet each, less than the minimum requirement of 825 square feet; that the other waiver requested was to al- low a ten-foot sideyard building setback along the southerly property line, (12-foot minimum requirement.) The Mayor asked if anyone had opposition to present. Mr. Joseph W. Mullin, 526 South Bond Street, addressed the City Council in opposition to the principle of a variance application. Explanation was given as to the ~ature of the variance. as a ve- hicle for requesting a slight deviation from the Site Development Standards :of the Anaheim Municipal Code. r The M~or asked if anyone else wished to address the City Council relative to the variance or the housemoving permit, there being no response, declared the hearing closed on Variance No. 1958 and HouseIOOving Permit Ap- plication. RESOLUTION. NO. 68R-247: Councilman Krein offered Resolution No. 68R-247 for adoption, granting Variance No. 1958, subject to the following condi- tions: n l. That the owner of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Ju1ianna Street, for street lighting purposes. 2. That the owner of subject property shall pay to the City of Anaheim the sum of l5~ per front foot along Julianna Street, for tree plant- ing purposes. 3. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 4. That any air-conditioning facilities proposed shall be pro- perly shielded from view and the sound shall be buffered from adjacent homes. 5. That the owner of subject property shall pay to the City of Anaheim the sum of $25.00 per dwelling unit, to be used for Park and Rec- reation purposes, said amourtttl;) be paid at the time the building permit is issued. 6. That Condition Nos. 1 and 2, above mentioned, shall be com- plied with prior to the time that the building permit is issued, or within a period of 180 days from date hereof, whichever occurs first, or such fur- ther time as the Commission or City Council may grant. 7. That Condition Nos. 3 and 4, above mentioned, shall be com- plied with prior to final building and zoning inspections. 8. That subject property shall be developed substantially in ac- cordance with plans and specifications on file with the City of Anaheim, marked Exhibit No. l, Revision No. l, provided, however, that screen land- scaping or a 6-foot masonry wall be provided between the recreation area and the asphalt parking area. Refer to Resolution Book. r---." 68-242 City ~11. fDahetm. California - COUNCIL MINUTES -Mav 14. 1968. 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1958. Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN : COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R-247 duly passed and adopted. RlSOLu;rON NO. 68R-248: Councilman Krein offered Resolution No. 68R-248 for adoption, granting housemoving permit to move in four structures, provided that the proposed structures conform to the Building, Electrical and Plumbing Codes. Refer to Resolution Book.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING A HOUSEK>VING PERMIT TO MOVE A STRUCTURE FROM 346-348-356-358 NORTH CENTER STREET, ORANGE, TO 710-A, 7l0-B, 714-A, 7l4-B WEST JULIANNA STREET, ANAHEIM, CALIFORNIA. Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN : COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R-248 duly passed and adopted. PUB C SIFlCATION NO. 67-68-63 VARIANCE NO. 1959 AND GENERAL P 98 Tentative Tract No. 6585 Property located on the east side of Euclid Street, the northerly boundary being coincidental with the Southern Pacific Railroad right-of-way, north of Sumac Lane. RlCLAS~IFICATlON NO. 67-68-63 AND VARIANCE NO. 1959: Submitted by George Vandenberg, requesting a change of zone from R-A to R-2, 5,000, and permission to establish a subdivision of 113 single-family lots, with waivers of maximum lot coverage and minimUm front yard setback. The City Planning Commission, pursuant to Resolution No. PC68-101, recommended approval of said Reclassification, subject to the following con- dition. 1. That a Final Tract Map of subject property be approved by the City Council and recorded in the office of the Orange County Recorder. The City Planning Commission, pursuant to Resolution No. PC68-l02, approved said variance in part, denying the waiver of maximum lot coverage, and granting the minimum front yard setback for garages opening onto a street, subject to the following conditions: o l. That this variance is granted subject to the completion of Re- classification No. 61~68-63. 2. That subject property shall be developed substantially in accord- ance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1 through 16; provided that fire hydrant locations shall be sub- ject to the approval of the Fire Chief and the Development Services Department. G.ERA~ PLAN AMENDMENT NO. 98: Pursuant to Resolution No. PC68-100, the City Planning Commission recommended that General Plan Amendment No. 98 be approved, in accordance with Exhibit "A", proposing low medium-density, residential desig- nation for the area generally bounded on the north by a line south of Cris Ave- nue, on the east by a line w~sterly of Loara and Stoneman Streets, on the south by a line north of Sumac Lan~, and on the west by Euclid Street. ] J l 68-243 City Hall. Anaheim. California - COUNCIL MINUTES - May 14. 1968. 1:30 P.M. n Mr. Thompson briefed the Planning Commission discussion, regard- ing the effect and impact of the proposed Amendment to the General Plan, on the general area, and called attention to the two exhi-bits on the General Plan Map, posted on the west wall of the Council Chamber. He briefed the findings of the Commission, and noted that Exhibit "A" included the property north of the land considered under subject reclassification and. variance ap- plication, which property had been previously approved for a mobile home park. Mr. Thompson further noted the existing uses and zoning in the immediate area, and called attention to report of the City Engineer, dated May 6, together with three exhibits depicting the alignment of curbs, gutters, sidewalks, driveway aprons and property lines, as proposed under Variance No. 1959, together with a recommended alternative plan, and a third plan show- ing the City Standard Street Section. Assistant Development Services Director, Robert Mickelson, re- ported that the public hearing on the General Plan Amendment was held be- fore the City Planning Commission, prior to the hearing on the reclassifi- cation and variance, inasmuch as the R-2, 5,000 Single-Family Zoning Code specifically states that said zone is appropriate only in those areas pro- posed for medium, or low medium-density development. The Mayor asked if a representative of the petitioners wished to address the City Council. Mr. Bernard McCune, 6588 Alvarado Plaza, Long Beach, of the S & S Development Company, addressed the City Council, representing the petition- ers, advising of the high quality of the proposed development,noting that the homes would sell for $35,000.00 to $40,000.00, and would have from 1,900 to 3,000 square feet of livable area. r In answer to Councih'lan Schutte's question, Mr. McCune advised that they were not completely satisfied with the recommendations of the Planning Commission,but if necessary, they would accept them. He noted that the minimum lot coverage requirement was their problem, and the reason for the proposed 20-foot setback. The Mayor asked if anyone wished to address the City Council in opposition. Mr. Ray Wiech, 1777 Camrose Street, addressed the City Council on behalf of several neighbors, advising that they felt 113 additional dwell- ings were more than the area could support. He went to the General Plan Map and noted the location of ~t2 fire station to the north, and the rail- road tracks along the north boundary of the property proposed for develop- ment, advising that at the present time, eight to ten trains use this track daily, and there have been occasions when fire trucks have been held up at the railroad crossing, while a fire was ~_Ur(_:.ilt:i. in the area south of the tracks; that there was only one other access route to the area for City ser- vices. Mr. Wiech further expressed concern that the water pressure in the neighborhood was extremely low, and that the addition of 113 homes would further add to the problem. He requested consideration of the points noted, and asked that interested parties be given an opportunity to view the Develop- ment Plans. n The City Manager noted that incorporation of this water system, (Dyke), with the City system will solve the pressure problem, and be arcom- plished prior to the completion of the proposed development, as it is already scheduled as a part of the City's water program. The Mayor asked if anyone else wished to address the City Council. 68-244 City Hall. Anaheim. California - COUNCIL MINUTES - May l4. 1968. 1:30 P.M. Mr. Eleanor Dyer, 1576 Sumac Lane, stated she was not in opposition to the proposed development, but requested that a stop sign be placed on Sumac Lane, where it intersects Carnelian Street. Mr. Murdoch advised that the intersection could be checked by the Traffic Engineer's office, both before and after development in the area. The Mayor asked if anyone else wished to address the City Council. Mr. Joe Mullin, 526 South Bond Street, addressed the Council, express- n ing opposition to their requested variance, and also to the General Plan ~end- ment, and questioned the advantages of the R-A zone. 1_. . The City Attorney briefly repc~ted on the theory of zoning, and ad- vised that fundamentally zoning does not grant a use of property, but restricts the use; that the R-A zone restricts property to residential and agricultural uses, being basically a "holding" zone for property in an urban area. Mr. Phillip Brauneis, 400 North Loara Street, addressed the Council, being of the opinion that the City Council had the power to evaluate property as related to environment in the City, and to approve any necessary changes in accordance with the next step of development in that paiticular area of the community. In response to question of Councilman Dutton, Mr. McCune explained in detail the front setbacks proposed, advising that in order to give the il- lusion of a larger lot, they eliminated the parkway, placing the sidewalk ad- jacent to the curb, and retaining the property line at the same location as in an average subdivision, or approximately 5\ feet behind the inside of the sidewalk, the point from which the l4\-foot setback would be measured, thus resulting in an actual measurement of 20 feet from the sidewalk to the build- ing line. In response to questions of the City Manager, Mr. McCune advised that l the Edison Company would be supplying their electrical utilities and the trans- former vaults located underground within the 5\ foot right-of-way, adjacent to ......... the sidewalk. City Engineer, James P. Maddox, briefly reviewed his report and re- commendation of denial, dated May 6, 1968. Mr. McCune stated they had assured the staff that they would be glad to work out whatever was necessary to meet requirements or problems with regard to the fire hydrant location, pedestrian safety, street maintenance, etc. Mayor Pebley declared the hearing closed. RESOLUTION NO. 68R-249: Councilman Schutte offered Resolution No. 68R-249 for adoption, authorizing preparation of the necessary ordinance changing the zone as requested, subject to the recommendations of the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMIN- 1NG THAT TITLE l8 OF. THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD fE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (67-68-63 - R-2, 5,000.) AYES: NOES: ABSENT: 00 UNC ILMEN : COUNCILMEN: COUNCILMEN: Krein, Schutte, Clark and Pebley Dutton None l Roll Call Vote: The Mayor declared Resolution No. 68R-249 duly passed and adopted. RESOLUTION NO. 68R-250: Councilman Schutte offered Resolution No. 68R-250 for adoption, granting subject variance as requested, the waiver of maximum lot coverage to apply to no more than thirty percent of the lots in the subdivision, (single-story homes,) and not to exceed 300 squar,'feet per lot, the specific lots on which said waiver would apply to be designated on the tract map, and further subject to the recommendations of the City Planning Commission. 68-245 City Hall. Anaheim. California - COVNCIL MINUTES - May 14. 1968. 1~30 P.M. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1959. Roll Call Vote: ~ AYES: NOES: ABSENT: Krein, Schutte, Clark and Pebley Dutton None COUNCILMEN: COUNCILMEN: COUNCILMEN: The Mayor declared Resolution No. 68R-250 duly passed and adopted. GENERAL PLAN AMENDMENT NO. 98 - RESOLUTION NO. 68R-25l: Councilman Dutton offered Resolution No. 68R-25l for adoption, approving General Plan Amend- ment No. 98, Exhibit "A". Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMEND- MENT TO THE GENERAL PLAN DESIGNATED'AS AMENDMENT NO. 98. (Reclassification No. 67-68-63.) Roll Call Vote: AYES: NOES: ABSENT: Dutton, Krein, Schutte, Clark and Pebley None None COUNCILMEN: COUNCILMEN: COUNCILMEN: The Mayor declared Resolution No. 68R-251 duly passed and adopted. l TENTATIVE MAP. TRACT NO. 6585: Developer, S & S Construction Company; tract located on the east side of Euclid Street, between Cris Avenue and Sumac Lane, and contains ll3 proposed R-2, 5,000, One-Family zoned lots, (Reclas- sification No. 67-68-63.) The City Planning Commission, at their meeting held April 8, 1968, approved said tentative map, subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 6585 is granted subject to the approval of Reclassification No. 67-68-63 and Variance No. 1959. 2. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 3. That the vehicular access rights, except at street and/or alley openings to Euclid Street, shall be dedicated to the City of Anaheim. 4. That in accordance with City Council policy,a six-foot masonry wall shall be constructed on the westerly property line separating Lot Nos. 1 through 8 and l13 and Euclid Street, an arterial highway, except that corner Lot Nos. land ll3 shall be stepped down to a height of thirt~ inches in the front yard setback, and except that pedestrian openings shall be pro- vided in said walls where cul-de-sacs abut the planned highways right-of- way line of an arterial highway. Reasonable landscaping, including irriga- tion facilities, shall be installed in the uncemented portion of the arter- ial highway parkway the full distance of said wall, plans for said landscap- ing to be submitted to and subject to the approval of the Superintendent of Parkway Maintenance. Following installation and acceptance, the City of Anaheim shall assume the responsibility for the maintenance of said land- scaping. 5. That all lots within this tract shall be served by underground utilities. 6. That Street "A" shall be named Inez Way; that Street "B" shall be named Melissa Way; that street "c" shall be named Tiara Way; and that Street "D" shall be named Camrose Way. ~ Councilman Dutton moved that Tentative Map, Tract No. 6585 be ap- proved, subject to the recommendations of the City Planning Commission, and further subject to the provision that the appropriate language be added to the conditions to accomplish the intent that electrical transformer vaults t' 68-246 City Ball. Anaheim. California - COUNCIL MINUTES - MaY 14. 1968. 1:30 P.M. be placed in the right-of~ay to stipulated by the developer, and be designated on the tract map. CARRIED . be determined by the City Engineer and as subject lots where variance shall apply shall Councilman Krein seconded the motion. MOTION PUBLIC HlAJ.ING - RECLASSIFICATION NO. 67-68-65 AND CONDITIONAL USE PERMIT NO. lOl5: Submitted by Donald M. and Aleene B. Wiley, requesting deletion of deed re- strictions which limit the use of subject property to business and professional offices, to permit the full range of uses allowed in a C-l zone; and permission:.,l....,...... to expand an existing service station within 75 feet of a residential zone, . with waiver of required building setback adjacent to the R-l zone; property located at the northwest corner of Euclid Street and Orange Avenue, (513 South Euclid Street.) The City Planning Commission, pursuant to Resolution No. PC68-l10, recommended execution of a written consent to the deletion of deed restrictions, heretofore imposed, in order to allow the full range of C-l uses under petition for Reclassification No. 67-68-65. Pursuant to Resolution No. PC68-l1l, the City Planning Commission granted subject conditional use permit, subject to the following conditions: 1. That this conditional use permit is granted subject to the com- pletion of Reclassification No. 67-68-65. 2. That trash storage ar~as shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 3. That all exterior lighting shall be directed downward and away from abutting property lines. 4. That Condition Nos. 2 and 3, above mentioned, shall be complied with prior to final building and zoning inspections. 5. That subject property shall be developed substantially in accord- ance with plans and specifications on file with the City of Anaheim, marked Ex- hibit Nos. 1 and 2, provided that an effective landscape screen shall be in- stalled between the service ~tation property and the R-l parcels to the west. Mr. Thompson noted the location of subject property and the existing uses and zoning in the immediate area, summarizing the evidence submitted to and considered by the City Planning Commission. Mayor Pebley asked if a representative of the petitioners wished to address the City Council. Mr. Louis G. Weir, l59l2 Wickelow Lane, Huntington Beach, represent- ing Union Oil Company, Authorized Agent, addressed the Council, advising that they were the owners of the corner parcel and were in escrow for acquisition of subject property for the purpose of future expansion. He stated that the tenants of subject property presently hold a lease to expire in November, 1968, with two-year option, and plans were to demolish the existing station and re- construct with standard facility at such time as the lease expires. The Mayor asked if anyone had opposition to present. Mr. Cox, 505 South Euclid Street, owner of two parcels adjacent to subject property on the north, addressed the Council, expressing concern as to the effect the proposed expansion would have on the value of his residential property. l It was noted that the entire area was designated on the General Plan l as potentially commercial, that site development standards of the C-1 zone :, .... would require a six-foot block wall adjacent to the residential property; in addition, the City Planning Commission had recommended that an effective land- scape screen be installed between the service station property and R-l parcels to the west. Mr. Cox stated that he would have no objection to the expansion of the service station. 68-247 City Hall. Anaheim. California - COVNCIL MINUTES - May l4. 1968. l:30 P.M. Mr. Joseph Mullin, 526 South Bond Street, addressed the City Council in opposition to the conditional use permit. Mayor Pebley asked if anyone else wished to address the City Council, there being no response, declared the hearing closed. I RESOLUTION NO. 68R-252~ Councilman Clark offered Resolution No. 68R-252 for adoption, authorizing execution of consent to the removal of deed re- strictions, as requested. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONSENTING TO REMOVAL OF CERTAIN DEED RESTRICTIONS PLACED OF REOORD IN CONNECTION WITH RECLASSIFICATION NO. 61-62-24. Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN~ COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R-252 duly passed and adopted. I RESOLUTION NO. 68R-253: Councilman Clark offered Resolution No. 68R-253 for adoption, granting Conditional Use Permit No. 10l5, subject to the conditions recommended by the City Planning Commission, with the addition to Condition No. 5 that the landscape screen be installed between the ser- vice station property and the residential property to the north, as well as that to the west, if said property to the north has not converted to commercial usage, ~:_" time the service station development takes place. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1015. Roll Call Vote: AYES: NOES: ABSENT~ COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R-253 duly passed and adopted. AMUSEMENT DEVICES PERMIT: Application filed by Duke McGrew, on behalf of Brunswick Corporation, for amusement devices permit to allow five Clipper- type games at l177 West Katel1a Avenue, was submitted and granted, subject to provisions of Chapter 3.24 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Dutton, seconded by Council- man Krein. MOTION CARRIED. ~ AMUSEMENT DEVICES PERMIT: Application filed by Richard and Dolores Neice, for amusement devices permit to allow two pool tables, a bowling machine, juke box, and cigarette machine at 133 North Anaheim Boulevard, was submitted and granted, subject to provisions of Chapter 3.24 of the Anaheim Munici- pal Code, as recommended by the Chief of Police, on motion by Councilman Dutton, seconded by Councilman Krein. MOTION CARRIED. ' PUBLIC DANCE PERMIT: Application filed by Edward Negrete, for permission to conduct a public dance, May 26, 1968, at 608 West Vermont Avenue, was submitted and granted, subject to provisions of Chapter 4.16 of the Ana- heim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Dutton, seconded by Councilman Krein. MOTION CARRIED. III' 68-248 City Hall. Anaheim. California - COUNCIL MINUTES - Mav 14. 1968. 1:30 P.M. PUBLIC DANCE PERMIT: Application filed by Michael Tell, for permit to conduct pub- lic dance, May 29, 1968, at the Anaheim Convention Center, 800 West Katella Avenue, was submitted and granted, subject to provisions of Chapter 4.16 of the Anaheim Municipal Code, and further subject to the provision that 30 Police Officers be hired by the applicant to work the dance, as recommended by the Chief of Police, on motion by Councilman Clark, seconded by Councilman Krein. K)TION CARRIED. FINAL MAP. TRACT NO. 4230: Developer - Empire Financial Corporation; tract located .l.,.... ' on the south side of Lincoln Avenue, 660 feet west of Beach Boulevard, and con- . tains 29 proposed R-3 lots, and 2 proposed C-l lots. The City Engineer reported that Final Map conforms substantially to the Tentative Map previously approved; that bond has been posted and approved, and required fees paid, and he recommended approval thereof. On the recommendations of the City Engineer, Councilman Dutton moved that Final Map, Tract No. 4230, be approved, subject to the filing of an Irre- vocable Offer of Dedication of Lots A, B, and C. Councilman Krein seconded the motion. MOTION CARRIED. FINAL MAP. TRACT NO. 5593: Developer - Holstein Enterprises, Incorporated; tract located adjacent to Riverdale Avenue, extending from the Riverside Freeway to 930 feet easterly thereof, and contains 85 proposed R-3 zoned lots. In connection with the Final Tract Map, the City Clerk reported on request of the developers, dated May 9, 1968, for inclusion in conditions of approval, of encroachment permit to allow block walls or wood fences, patio slabs, covered patios, landscaping, and swimming pool decks to be constructed on sewer easements along the north perimeter of the property, (Lot Nos. 49 through 71.) City Engineer, James P. Maddox, briefed his report dated May lO, 1968, recommending the following, and setting forth reasons therefore: J l. That a parallel encroachment be granted for block walls or wood fences where the easement is along the north tract boundary (Lots 49 through 55) and a lateral encroachment be granted where the side lot lines cross the easement (Lots 49 through 71.) 2. That the encroachment permit be granted for patio slabs and covers (Lots 49 through 7l) subject to the license to encroach setting forth that the property owner is responsible for all cost in removing and replacing the patio and cover, if necessary to be removed in maintaining the sewer line; the patio may not be enclosed; the license to encroach be recorded and a copy provided to the Real Estate Commissioner. 3. That the encroachment be granted for landscaping (Lots 49 through 71. ) 4. That the encroachment be denied for swimming pool decks and they be reviewed on individual cases as requested by the property owners. Mr. Maddox further reported said Final Map conformed substantially with the Tentative Map previously approved, that bond has been posted and ap- proved, and required fees paid, and he thereupon recommended approval thereof. On the recommendations of the City Attorney, it was moved by Council- man Dutton, seconded by Councilman Krein, that Final Map, Tract No. 5593 be approved, together with encroachment permit, as recommended by the City En- l gineer; said encroachment to be Le made a mal:~r of record. MOTION CARRIED. .". . CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission, at their meeting held April 22, 1968, pertaining to the following applications, were submitted for City Council information and consideration: VARIANCE NO. 1971: Submitted by Doyle & Shields Realty Company, requesting waivers of permitted number, maximum height, maximum area, permitted location of free-standing signs, and minimum distance between signs, to permit the re- placement of an existing, smaller free-standing sign; C-l zoned property, lo- cated on the east side of Euclid Street, between Lincoln Avenue and Ball Road, (9l2-940 South Euclid Street.) 68-249 City Hall. Anaheim. California - COUNCIL MINUTES ... Mav 14. 1968. 1~30 P.M. The City Planning Commission, pursuant to Resolution No. PC68~114, approved said variance in part, denying waiver of the height and area of the free-standing sign, and granting waivers of permitted number and location of free-standing signs, and minimum distance between free-standing signs, subject to a condition. I CONDITIONAL USE PERMIT NO. l022: Submitted by Herco Properties, Inc., re- questing permission to establish a walk-up restaurant; C-l zoned property, located on the east side of East Street, north of Lincoln Avenue. Granted by the City Planning Commission, subject to conditions, pursuant to Resolution No. PC68-ll2. CONDITIONAL USE PERMIT NO. 799: City Planning Commission Resolution No. PC68-ll3 was submitted, terminating all proceedings of Conditional Use Per- mit No. 799, on the basis that no conditions had been complied with, no re- quests for additional extensions of time had been received, and the peti- tioner had indicated he would request termination if Conditional Use Permit , No. 1022 were approved. CONDITIONAL USE PERMIT NO. 959: Previously granted to permit the establish- ment of a private club and recreational facility with on-sale liquor and waiver of wall height; property located at 1025 South Anaheim Boulevard. Petitioner requested six-months extension of time. The City Planning Commission, by motion, granted six-months exten- sion of time to expire August 28, 1968. CONDITIONAL USE PERMIT NO. 82l: Permit previously granted to expand an ex- isting trailer park, located on the east side of Mountain View Avenue, south of Katella Avenue. Petitioner requests extension of time. r The City Planning Commission, by motion, granted six-months ex- tension of time to expire September 24, 1968. It was noted by the City Council that by taking no action on the extension of time of Conditional Use Permit No. 82l the Council was extend~ ing extension of time to Improvement Bond No. A-1479, as requested by the petitioner. CONDITIONAL USE PERMIT NO. 939: Previously granted to establish a private school and related facilities, located at 1557 West Mable Street. Petitioner requests extension of time. The City Planning Commission, by motion, granted l80-day extension of time for completion of conditions, to expire November 22, 1968. The foregoing actions were reviewed by the City Council and no further action taken on the above-numbered Conditional Use Permits and Var- iance applications. I PROPOSED AMENDMENT TO TITLE l8.- SIGNS: On motion by Councilman Dutton, second- ed by Councilman Krein, the City Clerk was instructed to schedule Public Hearing, June 5, 1968, 1:30 P.M., to consider City Planning Commission Reso- lution No. PC68-ll7, recommending an Amendment to Title 18, Chapter 18.62, Signs - Advertising Signs and Structures; Section l8.62.030 (f), Parcel or Lot of Real Property; and the addition of a new Section 18.62.076 - Future Establishment Signs. MOTION CARRIED. RESOLUTION NO. 68R-254 - AWARD OF WORK ORDER NO. 426-297 (l968~69 Weed Abatement Pro2ram): In accordance with recommendations of the Superintendent of Street Maintenance and Sanitation, Councilman Schutte offered Resolution No. 68R- 254 for adoption. Refer to Resolution Book. 68-250 City Hall. Anaheim. California - COUNCIL MINUTES - May 14. 1968. 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING THE SEALED PllOPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL LABOR AND EQUIPMENT TO CUT AND REMOVE ALL WEEDS ON ALL LOTS, PARCELS AND AREAS WITHIN THE CITY OF ANAHEIM - WORK ORDER NO. 426-297. (Harold Watts - $8,070.00.) Roll Call Vote: AYES: NOES: ABSENT: Dutton, Krein, Schutte, Clark and Pebley None None COUNCILMEN: COUNCILMEN: COUNCILMEN : The Mayor declared Resolution No. 68R-254 duly passed and adopted. PUBLICI~VEHlNT PROJECTS: Councilman Clark offered Resolution Nos. 68R-255 aftd 68k-256 for adoption. Refer to Resolution Book. RESOLUTION NO. 68R-255 - 1<<>RK ORDER NO. 249: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NE- CESSITY REQUIRE THE FURNISHING, INSTALLATION, AND COMPLETION OF A PUBLIC IM- PROVEMENT, TO WIT: AUTOMATIC FIRE SPRINKLER SYSTEMS, AND CONTINGENT ITEM OF SK)KE DETECTOR SYSTEMS, FOR THE ANAHEIM CONVENTION CENTER, 800 WEST KATELLA AVENUE, WORK ORDER NO. 249, IN ACCORDANCE WITH AND CONFORMING IN GENERAL TO PRELIMINARY PLANS AND SPECIFICATIONS PREPARED BY THE PUBLIC WORKS DEPART- MENT AND ON FILE IN THE OFFICE OF THE CITY ENGINEER, DETAILED PLANS, 'DRAWINGS AND SPECIFICATIONS CONFORMING THERETO TO BE SUBMI'lTED BY THE BIDDER; AUTHOR- IZING THE CONSTRUCTION AND INSTALLATION OF SAID PUBLIC IMPROVMENT; AND AUTHOR- IZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PRO- POSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened June 6, 1968, 2: 00 P. M. ) RESOLUTION NO. 68R-256 - WORK ORDER NO. 54l-B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVEN- IENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IM- PROVEMENT, TO WIT: FURNISH AND INSTALL TRAFFIC SIGNAL PROGRESSION SYSTEM ON EAST STREET, FROM LA PALMA AVENUE TO VERMONT AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 54l-B. 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 AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened June 6, 1968, 2:00 P.M.) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution Nos. 68R-255 and 68R-256 duly passed and adopted. RESOLUTION NO. 68R-257 - 1<<>RK ORDER NO. l894: Upon receipt of Certification from the Director of Public Works, Councilman Dutton offered Resolution No. 68R- 257 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL FUEL AND WATER, AND THE PERFORMANCE OF ALL 1<<>RK NECES- SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT TO WIT: IM- PROVEMENT OF UTILITY YARD (PHASE II) AT 901 EAST VERMONT AVENUE, IN THE CITY OF ANAHEIM, 1<<>RK ORDER NO. 1894. (Kiely Corporation.) ] 1 1 68-25l City Hall. Anaheim. California - COUNCIL MINUTES - May 14. 1968. l~30 P.M.. Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley Non~ None The Mayor declared Resolution No. 68R-257 duly passed and adopted. I DEEDS OF EASEMENT: Councilman Schutte offered Resolution Nos. 68R-258 and 68R- 259 for adoption. Refer to Resolution Book. RESOLUTION NO. 68R-258: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING 10 THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Orange County Water District.) RESOLUTION NO. 68R-259: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Pete J. and Norma S. Marino.) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution Nos. 68R-258 and 68R-259 duly passed and adopted. r RESOLUTION NO. 68R-260: On report and recommendation of the City Attorney, Councilman Clark offered Resolution No. 68R-260 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM COMPROMISING CER- TAIN EMINENT DOMAIN LITIGATION, ACCEPTING CERTAIN EASEMENT DEEDS, AND AUTHORIZING AND DIRECTING PAYMENT THEREFOR. (City of Anaheim vs. Louis J. Myers, et ux, et al; Parcels 2 and 5, Dale Avenue Widening.) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R-260 duly passed and adopted. PUlCHASE OF EQUIPMENT: The City Manager reported on informal bids received for the purchase of two 2,000 KVA Sub-Station Type Transformers and one 3,000 KVA Transformer, as follows, and recommended acceptance of the second low bid for the two 2,000 KVA Transformers, Westinghouse Electric Company, and further recommended acceptance of the low bid for the one 3,000 KVA Trans- former, that of Parks & Company: r 2.000 KVA McGraw-Edison Co., Pico-Rivera - - - - - - - $20,400.00 Parks & Co., Long Beach - - - - - - - - - - - 21,652.00 Westinghouse Electric Co., Los Angeles - - - -20,664.00 Wagner Electric, E1 Segundo - - - - - No Bid Garland Affolter, Los Angeles - - - - - - 22,386.00 General Electric Co., Los Angeles. - 21,764.00 3.000 KVA $16,800.00 13,380.00 l4,689.00 l7,366.00 15,907.50 15,472.00 On the recommendations of the City Manager, Councilman Krein moved that the low bid of Parks & Company for the 3,000 KVA Transformer, in the amount of $13,380.00, plus tax, and further moved that the second low bid of Westinghouse Electric Company, in the amount of $20,664.00, plus tax, be accepted, and purchase authorized as the lowest and best qualified bid, as the low bid received did not meet specifications. Councilman 68-252 City Hall. Anaheim. California - OOUBCIL MINUTES - May 14. 1968. 1:30 P.M. Dutton seconded the motion. K)TION CARRIED. PROPOSED REGULATION OF HOTEL-K)TEL RATES: Pursuant to petition containing 42 sig- natures, representing the hotels and motels in the City of Anaheim, with mem- bership in the Anaheim Area Visitor and Convention Bureau, draft of a proposed ordinance was submitted, which would regulate the outdoor advertising of hotel and motel rental rates. In response to Council questioning, the City Attorney advised that 1.... ; there was some question as to whether the regulation of such advertising had been preempted by the State of California, and he advised he could not recom- mend the proposed ordinance. Councilman Krein moved that the proposed ordinance not be adopted. Councilman Dutton seconded the motion. To this motion, Councilman Clark voted "No." MOTION CARRIED. RESOLUTION NO. 68R-261: On the recommendations of the City Engineer, Councilman Krein offered Resolution No. 68R-261 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING NO PARKING AREAS ON PORTIONS OF STATE COLLEGE BOULEVARD. (State College Boule- vard from the South City Limits to Ball Road.) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R-26l duly passed and adopted. ] RESOLUTION NO. 68R-262: On the recommendations of the City Engineer, Councilman Clark offered Resolution No. 68R-262 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING A NO PARKING AREA ON A PORTION OF LINCOLN AVENUE. (Lincoln Avenue from Cliffrose Street to State College Boulevard.) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R~262 duly passed and adopted. CORRlSPO~NCE: The following correspondence was ordered received and filed on motion by Councilman Krein, seconded by Councilman Dutton: a. Minutes - Anaheim Parks & Recreation Commission - Meeting of April 11, 1968. b. Financial and Operating Reports for the Months of March and April, 1968. MOTION CARRIED 0 1 CONVINTION CENTER - SCOREBOARD - ADVERTISING RIGHTS. CONTINENTAL AIRLINES: Mr. Robert Davis, Assistant City Manager, briefed the City Council on the status of obtaining a sponsor for the Scoreboard for the Convention Center, in ac- cordance with proposal of American Information Corporation and Stewart Warner Corporation. He reported that the basic concept has been modified, and the first phase will include the two interior arena scoreboards, designed basically to score all types of sporting events in the arena, and in addition, two solid 68-253 City Hall. Anaheim. California - COUNCIL MINUTES - May 14. 1968Q 1:30 P.M. matrix reader board panels at each end of the arena, permitting changeable message copy and cartoon events. The second phase will be a theme tower, proposed outside the Con- vention Center structure, with an exterior reader board controlled by in- terior controls. I , The third phase to be two portable fact boards, or message pan- els, approximately nine feet long by nine inches high, for announcements or use as a message center place, which can be sold to particular sponsors in terms of exhibits that are carried on in the Exhibition Hall. The fourth phase is a roof sign for the northwest corner of the Exhibit Hall, facing Katella Avenue, and also facing across toward the Dis- neyland parking lot, being approximately eighty feet long and nine feet high, with six and one-half feet high characters; twelve letters, which will change letter-by-letter, word-by-word, as a traveling message. Mr. Davis further reported that the total package will be ap- proximately $600,000.00, which will include the cost of all the electronic gear, installation, sales tax, and the City's cost to bring power to the various locations where it is not presently available, and also includes an amount for the completion of the jewel box in front of the warehouse building, which will be utilized as an information center, ticket sales, and a portion by Continental Airlines. Definite plans as to the use of the jewel box have not yet been finalized. The proposed contract with Continental Airlines was reviewed by the City Council, and Mr. Davis advised that the contract was for a period of five years, at $6,000.00 per month, with an option for renewal at a ne- gotiated price. n Continental Airlines to have the right to display short messages on each particular unit described, however, this will not be an exclusive right in regard to the events that will be held in the Convention Center. It would be an exclusive advertising right on the exterior boards, with the exception of announcements of coming ev~nts and attractions. Discussion was held relative to the roof sign~ and it was further clarified that the roof sign would be used for City messages, with Contin- ental Airlines advertising once every thirty seconds for a period of five seconds. Introduced were Mr. Norman C. Geiger, Regional Vice-President of Continental Airlines, and Stewardesses Miss Betty Hill and Miss Dawn Robbins. Mr. Davis further advised that this was the first phase, and that the contract between the City and Stewart Warner Corporation for the instal- lation was presently being prepared, which will be the second phase, with an estimated target date of February 1, 1969, for the completion of the in- stallation. . In answer to Councilman Clark's question, relative to annual pay- ment on the commitment, Mr. Geiger advised that he could not commit them- selves on that question at the present time. n At the conclusion of the discussion, and on motion by Councilman Dutton, seconded by Councilman Schutte, the City Attorney was authorized to redraft the contract for execution in accordance with minor modifications outlined as follows: 1. Inserting the number of seconds ci adver:.is in:: or. the roof sign. 2. Revision of terms to allow flexibility in the monthly payment of the option. 3. The possibility, after checking with Continental Airlines, of annual payments, or some other basis other than monthly payments. 4. Clarity of intent, with reference to advertising by other air- lines, in connection with other airlines' conventions or trade shows. 68-254 City Hall. An4heim. California - COUNCIL MINUTES - May 14. 1968. 1:30 P.M. MOTION CARRIED. RECESS: Councilman Dutton moved for a IS-minute recess. Councilman Schutte seconded the motion. MOTION CARRIED. (4:05 P.M.) AFTER RECISS: Mayor Pebley called the meeting to order, all members of the City Council being present, with the exception of Councilman Schutte. ORDINANCE NO. 2514: Councilman Clark offered Ordinance No. 2514 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67-68-71 - R-A, Ball-Winston Annexation.) Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Clark and Pebley None Schutte None The Mayor declared Ordinance No. 2514 duly passed and adopted. ORDINANCE NO. 2515: Councilman Krein offered Ordinance No. 2515 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67-68-59 - C-O.) Roll Call Vote~ AYES: NOES : TEMPORARILY ABSENT: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Clark and Pebley None Schutte None The Mayor declared Ordinance No. 2515 duly passed and adopted. ORDINANCE BO. 2516: Councilman Dutton offered Ordinance No. 2516 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (64-65-26 - R-l.) AYES: NOES: TBMFORARILY ABSENT: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: CO~ILMEN: Dutton, Krein, Clark and Pebley None Schutte None The Mayor declared Ordinance No. 2516 duly passed and adopted~ Councilman Schutte entered the meeting, 4:25 P.M. ORDINANCE NO. 25l7: Councilman Clark offered Ordinance No. 2517 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.350, PARAGRAPH 3, AND SECTION l4.32.190, PARAGRAPH 33, OF THE ANAHEIM MUNICIPAL CODE, RELATING TO PARKING. (No Parking, Areas of Stadium and Con- vention Center.) ORDINANCE NO. 2518: Councilman Schutte offered Ordinance No. 2518 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69 (25) - M-l.) J l 1 ~ 68-255 City Hall. Anaheim. California - COUNCIL MINUTES - May l4. 1968. 1:30 P.M. ALCOHOLIC BEVERAGE LICENSE APPLICATION: Application submitted by David R. aid Carol A. Butler, for Person-to-Person Transfer of Off-Sale Beer and Wine License, for Stop N Go Market, 530 North Magnolia Avenue, (C-l zone,) was presented by the City Manager to the City Council for their informa- tion. No Council action was taken on said application. ! TRANSFER OF FUNDS: On report and rec~endations of the City Manager, Council- man Dutton moved that transfer of funds, not to exceed $lOO,OOO.OO, be authorized from the Capital Outlay Account, for the acquisition of the Wallace property, located between South Street and Vermont Avenue, adjac- ent to City-owned property, for the relocation of the City Mechanical Main- tenance Department. Councilman Schutte seconded the motion. MOTION CARRIED. REQUEST - ANAHEIM ART ASSOCIATION: Communication recetved from Florence Viscetto, 2nd Vice-President and Exhibit Chairman, was ~ubmitted and read, requesting permission to display price, name, and telephone number of exhibiting ar- tists for the sale of art works June 1st and 2nd in the Convention Center; agreeing not to distort the display by consummation of sales; said consum- mation of sales to be at a time deemed feasible by the Cultural Arts Com- mittee. Subject request was granted under the terms and conditions set forth in the letter of request, on motion by Councilman Krein, seconded by Councilman Dutton. MOTION CARRIED. REQUEST - WOMEN'S DIVISION. ANAHEIM CHAMBER OF COMMERCE: Communication received from Phyllis Harrison, Dean of the Cultural Arts Department, was submitted and read, requesting permission to sell Cook Books distributed by the Na- tional Herb Society, June 1st and 2nd in the Convention Center. r On motion by Councilman Dutton, seconded by Councilman Clark, sale of cook book was authorized and waiver of required percentage to be paid to the City of Anaheim withheld, pending further investigation. MOTION CARRIED. REQUEST- FRIENDS OF THE PUBLIC LIBRARY: Communication received from Elizabeth J. Schultz, Chairman, was submitted and read, requesting permission to sell book entitled, "When Anaheim was 21," written by Dr. Leo J. Friies, at the Convention Center June 1st and 2nd. The communication further noted that a percentage of subject sales would be donated by Dr. Friies to the Friends for civic projects. On motion by Councilman Dutton, seconded by Councilman Clark, sale of book was authorized and waiver of required percentage to be paid to the City of Anaheim withheld, pending further investigation. MOTION CARRIED. ANAHEIM CONVENTION CENTER - PARKING - CARROUSEL OF ANAHEIM: Mr. Murdoch reported on information requested by the Women's Division of the Anaheim Chamber of Commerce, relative to payment of parking during the Carrousel of Anaheim. Mr. Murdoch further reported that the City of Anaheim is sponsor- ing subject event on the basis of a community event to encourage the com- munity to actively participate in the cultural arts. r At the conclusion of the discussion that followed, it was moved by Councilman Krein, seconded by Councilman Dutton, that the City rent the parking facilities as a sponsor's responsibility, thereby providing free parking,and should additional events be scheduled simultaneously, arrange- ments to accomplish the intent of this motion be at the discretion of the City Manager. MOTION CARRIED. SOUTHERN CALIFORNIA EDISON COMPANY - TEMPORARY ENTRY PERMIT - WELL NO. ll2: On motion by Councilman Clark, seconded by Councilman Krein, Gordon Hoyt, Pub- lic Utilities Director was authorized to execute Temporary Entry Permit, granted by Southern California Edison Company to the City of Anaheim. MOTION CARRIED. t~ I! 68-256 City Hall. Anaheim. California - COUNCIL MINUTES - May 14. 1968. 1:30 P.M. RESOLUTION NO. 68R-263: On report and recommendations of the City Attorney, Council- man Dutton offered Resolution No. 68R-263 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DI- RECTING THE EXECUTION OF CONSENT TO CONDEMNATION FOR EXCHANGE PURPOSES, PUR- suANT TO SECTION 104.2 STREETS AND HIGHWAYS CODE. (Riverside Freew~, East of Euclid Street.) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley None None The Mayor declared Resolution No. 68R-263 duly passed and adopted. JITNEY SERVICE ROUTES: In response to question of the City Manager, the City Council indicated they had no objection to the scheduling on the June 11, 1968, Council Agenda of discussion pertaining to jitney service routes. HAZARDOUS CONDITIONS- SAND PIT. SANTA ANA RIVER BED: Councilman Dutton reported on hazardous conditions of certain sand pits on the Basse property, east of the Anaheim City Limits, in the Santa Ana River bed, where several excavations were made in the sand, with perpendicular sides. Councilman Dutton thereupon moved that the Orange County Board of Supervisors be requested to direct the appropriate County department to in- vestigate the situation with regard to safety precautions. Councilman Schutte seconded the motion. K>TION CARRIED. RECESS - F.Y~CUTIVE SESSION: Councilman Krein moved to recess to Executive Session, the City Council to reconvene at 7:00 P.M. Councilman Schutte seconded the motion. K>TION CARRIED. (4: 55 P.M.) AFTER RECESS: PRESENT: ABSENT: PRESENT: Mayor Pebley called the meeting to order. COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley COUNCILMEN: None ASSISTANT CITY MANAGER: Robert Davis CITY ATTORNEY: Joseph Geisler CITY CLERK: Dene M. Williams ASSISTANT DEVELOPMENT SERVICES DIRECTOR: Robert Mickelson CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 67-68-42. CONDITIONAL USE PERMIT NO. 988. ABb VARIANCE NO. 1935: Submitted by Dick H. and Eunice M. Ables, Leonard R. and Wanda L. Smith, and Frank M. Clayton, Jr. and Florence B. Clayton, re- questing change of zone from R-1 to C-l, and permission to establish a service station within 75 feet of a residential zone, (Portion No. 1 only,) and per- mission to erect two free-standing signs, with waiver of minimum distance per- mitted be~een free-standing signs, (Portion Nos. land 2); property located on the east side of Euclid Street, between Cerritos Avenue and Mells Lane. Public Hearing was continued from the meetings of January 30 and April 30, 1968, pursuant to request of the applicant. The City Planning Commission, pursuant to Resolution Nos.PC68-3, PC68-4 and PC68-5, recommended denial of said reclassification, and denied said conditional use permit and variance. Because of a possible conflict of interest, Mayor Pebley withdrew from the discussion and action on this issue, and Mayor Pro-Tem Schutte as- sumed chairmanship of the meeting. l l l 68-257 City Hall. Anaheim. California - COUNCIL MINUTES - May 14. 1968. 1:30 P.M. r Assistant Developr.~nt Services Director, Robert Mickelson, noted location of subject property anc the existing uses and zoning in the imme- diate area, summarizing the findings made by the City Planning Commission. He advised that the applicants had now submitted a revised site development plan for the proposed development which, although essentially ~~ch ~~e same as the original plan, contained the addition of the screen landscaping pro- posal along the easterly boundary, separating the commercial area from the existing residences, and some additional landscaping along Mells Lane; that there would be three driveways on Euclid Street, two on Cerritos Avenue, and one on Mells Lane. Mayor Pro-Tem Schutte asked if a representative of the petitioners wished to address the City Council. Mr. Warren C. Lefebvre, of Harker Development Corporation, Author- ized Agents, 10600 Katel1a Avenue, Anaheim, submitted for Council review three photographs of subjec(: property, together with copies of the plot plan for redevelopment of the property in question, and advised that subject pro- perty was not presently suitable for residential use, because of the heavy traffic on Euclid Street, with its fumes, noise, and hazards. He pointed out that a number of persons, including some opponents to the proposed de- velopment, had recognized that subject property was not suitable for resi- dential purposes, and using that as a basis, he asked for what use it would be suitable. n Mr. Lefebvre read an excer, t from a City Staff Report, pertain- ing to the survey of the Office Building Market in Anaheim, conducted in 1966 by Tishman Realty and Construction Company, advising of that firm's opinions relative to their decision not to participate in the renewal of the downtown Anaheim area, due to the apparent encouragement of low-rise, strip-type developments along the major thoroughfares of the City. He ad- vised that they had also made a survey of the area, and found little, if any, commercial land availaEe on Euclid Street. Another possibility consid,. :-ed for subject property was the con- version of ~~isting residential structures to business or office uses, but in their opinion, that type of development tended to be undesirable and somewhat unattractive. He pointed out that the northeast corner of the in- tersection under consideration was zoned and developed for C-l zone purposes, as well as other nearby properties; in addition, s~:2~lar areas were zoned and used for commercial purposes, even when fine residential areas were ad- jacent, such as the north and southeast corners of Euclid Street and Orange- wood Avenue. He further noted traffic counts, taken on Euclid Street and other areas, from the 1965-66 Traffic Census. Mr. Lefebvre explained the changes made on the plan of develop- ment, eliminating the commercial driveway to Mells Lane, in order to pro- vide a wall adjacent to the residential area on the east for a buffer; said wall to be coordinated with existing walls on residential properties to the south, (photographs of said existing walls were submitted for Council re- view.) Also displayed was the lamp portion of an actual lighting standard, which he reported would be a total of four feet in height, to illiminate the parking area without intrusion of light into the neighborhood. ~ In response to Council questioning, Mr. Lefebvre advised that the construction of the commercial development would not be economically feas- ible without a service station, and he noted that the service station would be approximately 55 feet from the nearest residential property. He called attention to the City's Site Development Standards for service stations. Brief Council discussion was held, and Councilman Dutton noted that on the revised plot plan submitted this date, the service station ap- peared to be 28 feet from the nearest residential property. Councilman Schutte pointed out that much of the traffic entering the property would pass right next to single-family homes and, in his opinion, a service sta- tion, adjacent to residential property, would be just as undes~:ab1e as would having homes on a busy street. 68-258 City Hall. Anaheim. California - COUNCIL MINUTES - May 14. 1968. l:30 P.M. In answer to Councilman Krein's question, Mr. Mickelson reported that bwo single-family dwellings adjoined subject property on the east; fur- ther, that possibly the service station could be relocated on the plan, to be further from the residential property. Mr. Don Griffin, of Griffin & Banks, Buena Park, architects for the project, displayed a large, colored rendering of the proposed development, and described the attractive residG_ltial character of the store building, de- signed for compatibility with the neighborhood; advising that in addition to the wall along the east property line, large trees would be planted at the time of construction, in a landscaped area adjacent to the wall. l The original had commercial drive access onto Me1ls Lane, but as a result of neighborhood objections, the drive was deleted and a six-foot block wall paralleling Mells Lane was located ten feet off the property line, the building to be relocated an additional five feet away, resulting in a fifteen foot total setback from the east property line. He further advised that the service station had been placed at an angle, to give visual control of all gasoline pumps, etc., and any change would lessen that control. Mayor Pro-Tem Schutte asked if anyone else wished to address the City Council, in favor of the proposed development. Mr. Norman E. Ables, 597 McLeod Rondo, Camarillo, son of one of the petitioners, called attention to the widening of Euclid Street in 1964, which left very little front setback for the three homes on subjecf: property. He was of the opinion that the proposed development would be a vast improvement over the three existing dwellings. The Mayor Pro-Tem called for opposition. Mr. F_~. Maus, 1680 West Cerritos Avenue, directly behind subject property, referred to petition submitted to the City Planning Commission, con- taining signatures of approximately 250 property owners in opposition to the granting of subject petition, and pointed out that in 1967 the City Council had disapproved a zoning request, (Reclassification No. 66-67-45,) for a plan even less broad than the one under consideration. He noted the high school diagaona1ly across the street, being of the opinion that much of the heavy traffic in the area emanated from the school. J Mr. Maus further advised tha~ there was very little commercial pro- perty on Euclid Street, between Ball Road and Katella Avenue, and in his opin- ion, delivery trucks, etc., using driveway proposed on the east of subject property would be detrimental to the residential neighborhood. He further objected to sales of package beer and wine on the premises, and again noted the location of the high school. Mr. Brance Edwards, 1681 Mells Lane, addressed the Council in op- position to the proposed small grocery market and to the driveway immediately adjacent to the residential area. Mr. Charles Walton, 1675 Me1ls Lane, addre~sed the Council, being of the opinion that the service station was the primary objection of the neigh- borhood, and that the plans appeared to be a great improvement. He advised of his knowledge of oil companies, and was of the opinion that after two or three years the new service stations tended to deteriorate somewhat; further, that gasoline tanks sunk into the ground had ventilators and there was an unavoid- able odor from these tanks; further, a service station would generate addi- tional traffic into the area. l In answer to Councilman Krein's question, Mr. Walton could not pre- dict whether the people who signed the petition of opposition would refrain from patronizing the service station. He noted the beauty of the Loara High School campus and felt any development in the area should complement that beauty. He asked why a medical building could not be developed on subject property, being of the opinion that some use other than a service station could be developed there. 68-259 City Hall. Anaheim. California - ~L MINUTES - May 14. 1968. 1:30 P.M. Mrs. John W. Cleveland, 1672 Mells Lane, requested information as to what type of development h4d previously been proposed for subject property. She noted that elementary school children in the neighborhood must walk along busy Euclid Street. n Mrs. Cleveland was informed t~a~ past applications had included multiple-family residential development, a drive-through restaurant, and a market. The Mayor Por-Tem asked if anyone had new or different evidence to present. Mr. Joe Mullin, 526 South Bond Street, addressed the City Council in opposition to use of conditional use permits and variances, and was of the opinion that the laws pertaining to these matters were vague and un- enforceable, and that an owner should use his property as he sees fit. Mr. Herb Haber, 1590 Mells Lane, addressed the Council, pointing out the difficulties area residents have experienced in entering Euclid Street from Mells Lane, due to the close proximity of the Cerritos Street and Cris Avenue entrances, in addition to the heavy traffic on Euclid Street. In his opinion, southbound traffic turning left into the proposed commercial area, would present another and more dangerous traffic hazard, and he ex- pressed particular concern about the number of children walking to school in this area. In response to Council questioning, Mr. Haber suggested that the property be retained for residential purposes, perhaps with U-shaped drive- ways to eliminate the problems of backing automobiles out of the driveways onto the busy street. He felt any commercial use would compound the traffic problem. n Mr. Frank M. Clayton, 1516 South Euclid Street, owner of a parcel contained in subject property, addressed the Council, advising that it would be difficult to redevelop the property in question with an office-type of facility, due to the required off-street parking provisions. He noted that there were already several office buildings on Euclid Street. He was of the opinion that at such time as property across the street was developed, and the street widened, there would be room for a left-turn pocket, and that, ~cJether with proposed development and improvement would make the neighbor- hood safer for the young people walking to school, as well as alleviating the traffic situation. In summary, Mr. Clayton noted the possibility of closing off the north-south driveway along the easterly property line, and of relocating the service station to provide a minimum of 50-feet distance from the resi- dential area. Mr. Lefebvre, in rebuttal, noted previous unsucceL"ful applica- tions for development of the three parcels in ques.tion, and noted they have. attempted to plan an economically feasible development, which would be an asset to the community, combining the three parcels. Mrs. Beulah Keennon, l685 West Cerritos Street, and Mrs. Marjorie Rumery, 1570 Palais Road, addressed the Council in favor of the proposed development. r Mayor Pro-Tem Schutte stated that a good cross section of the evidence had been presented, and thereupon declared the hearing closed. RESOLUTIONS: Councilman Clark offered resolutions to disapprove subject re- classification and to deny subject conditional use permit and variance, in accordance with the action taken by the City Planning Commission. Discussion was held by the City Council, and Councilman Dutton pointed out that the residents in the neighborhood had objected to every proposal made for the -:0/ .):..0'~-~2t:t of the property in the last ten years, and there have been no suggestions as to what type of development would be acceptable. 68-260 City Hall. Anaheim. California. COUNCIL MINUTES - May 14. 1968. l:30 P.M. Councilman Krein expressed the opinion that many of those opposing subject petitions would be pleased W:_~L the actual development. is accomplisher'. Councilman Schutte expressed objection to the construction of the service station in close proximity to the residential area. The foregoing resolutions received the following roll call vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT : Schutte and Clark Dutton and Krein Pebley None COUNCILMEN: COUNCILMEN: COUNCILMEN: COUNCILMEN: The foregoing resolutions failed to carry, due to the tie vote. Mayor Pebley returned to the Council table and resumed chairmanship of the meeting. On the recommendations of the City Attorney, Councilman Dutton moved that decisions on Reclassification No. 67-68-42, Conditional Use Permit No. 988, and Variance No. 1935 be continued to June 11, 1968, 1:30 P.M. Council- man Krein seconded the motion. To this motion, Councilman Schutte voted "No." MOTION CARRIED. ADJOURNMENT: There being no further business to come before the City Council, Councilman Krein moved to adjourn. Councilman Dutton seconded the motion. MOTION CARRIED. ADJOURNED: 8:25 P.M. SIGNED ~ lx- '2~ City Clerk ~~ :] D :]