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1964/02/047470 City Hal!~ Anaheim~ California - COUNCIL MINUTES - January 28~ 1964~ 1:30 Mayor Coons declared Ordinance No. 1968 duly passed and adopted. RESOLUTION NO. 64R-55: Councilman Schutte offered Resolution No. 64R-55 for adoption, Refer to Re~olution Book, A RESOLUTION OF THE Gilt COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO PERMIT THE COUNTY CLERK OF SAiD GOUNIY IO RENDER SPECIFIED SERVICES TO IHE CIIY OF ANAHEIM, RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CiIY ON APRIL 14TH~ 196~ On roll call 'the foregoing resolution was duly passed and adopted by the following 'vote; AYES: GOUNG!LMEN; Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 64R-55 duly passed and adopted. ADJOURNMENT: Councilman Schutte moved to adjourn° Councilman Chandler seconded the motion° MOTION CARRiED~ ADJOURNED: 10~56 P.M~ Ci~ty Clerk City Hall~ Anaheim~ California - COUNCIL MINUTES - February 4~ 1964~ 1:30 P~M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Dutton, Chandler~ $chutte, Krein and Coons. ABSENT: COUNCILMEN: None, PRESENT: CITY MANAGER: Keith A. Murdoch. CITY ATTORNEY: Joseph Geisler, CITY CLERK: Dene M. Williams. CITY ENGINEER: James P. Maddox. CITY PLANNING DIRECTOR: Richard A. Reese. ZONING COORDINATOR: Martin Kreidto Mayor Coons called the meeting to order. MINUTES: Approval of the City Council Minutes of January 21 and 28, 1964 was continued to the meeting of February 11, 1964. SIGN APPLICATION - STANDARD OiL COMPANY: Application for permission to erect two non-conforming signs (one canopy sign and one pole sign) at 1233 North East Street, togehher with plans, was submitted at the meeting of January 28, 196~, and continued to thls date to allow for visual inspection of other signs in the immediate area. Mayor Coons withdrew from any discussion and action relative to subject application because of a possible conflict of interest, matter. Mayor Pro Iem Chandler asked if anyone wished to comment on the Councilman Krein advised that he viewed similar signs and also inspected the location of the proposed sign and thereupon moved said permit be 9ranted as requested~ Councilman Schutte seconded the motion. MOTION CARRIED. 7471 C~it¥ Hall~ Anaheim~ California - COUNCIL MINUTES - February 4~. 1964~. 1:30. P.M. Mayor Pro Tem Chandler returned the chairmanship of the meeting to May. or Coons~ REQUEST FOR REMOVAL OF QUONSET HUTS~ 22.7 NORTH MAGNOLIA AVENUE (CONDITIONAl. USE PERMIT NOo 522): Request of Mrs° Shirley J~ Oakden, 2645 Bruce Avenue~ for Council reconsideration of their action taken July 30~ 1963~ allowing Central Baptist Church and School to erect three quonset hut structures for a period of two years on property.at 227 North Magnolia Avenue~ was continued from the meeting of January 28, 1964, at the request of Mr. Paul Liefeld~ Principal of 'the school, to allow his presence at the time of Council con~iderationo Original plans submitted on July 30, 196S, were reviewed by the Council and reports from the City Building Department were read, indicatin9 that.of the three permitted~ only one quonset hut has been erected, homever it mas constructed ten feet from the m~st orooerty line instead o~ fifteen feet as the code requires~ and also without Building Department permit or inspection° Mrs~ Oakden, 2645 Bruce Avenue, addressed 'the Council reiterat- ing the items noted in her communication and requested that the tmo re- maining structures not be permitted to be erected so close to their re- sidences and-tidal t~e exlt~t~n~ quonset ~ut be relocated, Mtso Sowte:~, 2648 Bruce Avenue, Anaheim, California, referred to the conditions of City Planning Commission Resolution in granting Conditional Use Permit No. 522; that as the church is is planning to re- locate t?:e proposed two story st:.uctuzes to a more easieriy location,. perhaps the two remaining quonset huts could also be erected a greater distance from their homes° Mayor Coons asked if anyone representing the Central Baptist Church was present. There was no response and action on said matter was tabled by the City Council at this time to allow for the presence of Mr~ Liefeld. Latex~ ~n the meeting Mrs. Paul L±efeld addressed the Council apologizi'n9 for his late arrival aha advised that obviously they were in error as their original presentation was a "home made" plan, and did~ not indicate a 'true scale° Further~ 'that they erected the existing quonset hut in good faith~ believing the two year permit 9ranted by the City Council was their authority to proceed° He stated that as their plans have nom changed considerab±y and they are negotia'ting fo~ additional property, that the remainina two auonset hut structures will not be erected and they will paint the existing structure whicl~ is presently used as a physical education dressing-room only, with no showers nor play area~ Because of their existinq neaotiations he reauested that they not be required to move the existing quonset hut an additional f~ve feet to conform with Code standards~ In answer to Mayor Coon's question~ Mrs. Oakden and Mrs. Sdml~. indicated from 'the audience, that if the existing building mas painted and the present use of the structure not chanaed~ and if the two ad- dit~or, a! structure~ were ~'~o:.: pez~n~'te~J~ ~iey ~vould ~.~..,itldraw i:' eir protest, Councilman Chandler moved that two year temporary permit granted July 30, 1963, allowing the erection of the two additional quonset huts be revoked; said action being without prejudice to any future applications which may be filed by the applicant° Councilman Dutton seconded the motion~ MOTION CARRI£Do CITY PLANNING COMMISSION RECO~NDATION - CUL-DE-SACS~ STUB ENDS O[ YALE~ BRUCE AND RUSSELL AVENUES: Action on recommendation of the City Planning Commission that the City assume responsibility for the installation of cul-de-sacs for the stub ends of Yale~ Bruce and Russell Avenues~ as the Central Baptist Church located easterly of said streets had complet- ed the first phase of thelr $chool.-churc[ facilities prior to the con- struction of the R-1 tract, was continued from the meetin9 of January 28, 1964, to 'this date and again continued at this time for further 7472 City Hall~ Anaheim~ California,- COUNCI.L ,MINUTES ,- February 4~ 19641 la30,,PoM. report and recommendations from the City departments concerned. SIGN APPLICATION - TIDEWATER OIL COMPANY; Application requesting permission to erect a free standing sign with three foot projection, at 300 South Los Angeles Street (East side of Los Angeles Street, approximately 110 feet south of Broadway) together with plans was submitted and reviewed by the City Council° It was noted that adjoining occupancies have project- ing signs° It was moved by Counci±man Dutton, seconded by Councilman Chandler, said sign application be granted as requested. MOTION CARRIED. CONDITIONAL-USE PERMIT NOo 512: Submitted by Albert J. and Florence Janzen, F~ No Doyle, Lo Po Shields and Wilma L. Miller (David S° Collins, authorized agent) requestin9 permission to establish a twenty-two story hotel, includ- ing specialty shops and associated services on R-A property briefly described as located at the northeast corner of West Street and Ball Road. Said Conditional Use Permit was granted by the City Planning Commission subject to conditions. Appeal from action taken by the City Planning Commission was filed by Mr o Edwin Do Ettinger on behalf of Disney- land, and public hearing held January 21, 1964, at which time said hearth9 was closed~ and de¢lsion of the City Council deferred to this date. The City Clerk reported that considerable correspondence, both for and against said application, had been received since the preparation of the Council Agenda~ that said correspondence had not been duplicated or forwarded to Council members. On motion by Councilman Chandler, seconded by Councilman Dutton, public hearing was reopened for receipt of additional written testimony received, and for the purpose of allowing one representative of each side in this case to int:roduce any additional evidence that they wish at this time, with right of zebuttalo MORION CARR!EDo The Mayor invited the petitioners to address the Council. Mr. Rober't Barnes, Attorney representing the petitioners, re- ferred to letter dated February 4, 1964, and an agreement referred to as Exhibit A, and advised said agreement was not in effect as of this date. Further the point that the project is speculative was a gratuitous as- sumption in view of the fact of the identity of the principals involved, and the fact 'that some nine million dollars in credit has been committed. The fact that there is litigation in effect~ the litigation simply seeks a determination of respective interest of the parties, and the plaintiffs in the case, I am advised~ are claiming a two percent interest. Mr. Ettinger~ representin9 Disneyland, advised that they were prepared to expand on any points or questions raised by'the letter alluded tOo Mr. Ettinger further advised that their engineering, design and landscaping consultants had re-studied the project using the criteria for 208 feet overall height, and as a result, with certain minor exceptions, found it would be impossible to maintain and protect the visual appeal and ~llusion ti-at now exists in certain key. areas of Disney!and.' Mr. Ettinger thereupon re-stated their opposition to the granting of the Conditional Use Permit for the proposed high-rise hotel. Mr. Ettinger further reported, for the record, that he had not con~acted any member of the City Council in reference to this issue since the last hearing. Councilman Dutton referred to the tour through the park at which time they had been shown photographs with a plastic overlay projecting · the growth of the pine trees by the 'time the buildin9 would be completed, which apparently indicated the 208 foot height structure would be obscured. 74 73 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 4~ 1964~ 1;30 P.Mo Councilman Dutton asked if ~thi$ was a correct projection (pictures were those submitted by Disneyland~ the plastic overlay projecting growth prepared by Mro Marko Botich~ Architect for the hotel project ). ~[ro £ttinger referred the question to ~tr~ Evans who advised that in one or two of the locations, given satisfactory growth over a perio~ of three to five year$~ some blocking of the visual intrusion might be obtained° However the other locations of which photos were taken (1 and 3) effective screening would require an additional height of 30 to 40 feet. MX'o Evans fur'ther advised that the scxeening problem was one that they have been faced with the p~t ten years~ since the inceptio~ of Disney- land, and if asked to establish a screenin9 ?0 'to 80 feet high~ this cannot be accomplished° ~r~ Evans referred 'to his ~'eport analyzing ~creening situations of those areas from which photos were taken and submitted by Disneyland. in summary, ~tr'o Evans reported from a landscaping standpoint, he had no solution 'to the problem of ~creenin9 a building of a height of 208 feet° Councilman $chutte was of 'the opinion that the principals involved could meet and compromise the issueo ~tr~ Ettinger advised that a series of meetings were held prior to the public hearing~ however, no meetings have been held since. He further advised that they would be w~iiin9 to meet with the proponents or any other parties 'to discuss and endeavo~ to work ou't ~ ,i~olution. Mro Ettinger sugges-ted in order to expedite this and future problems~ the subject conditional use permit be delayed, and the Planning Department and other authorities of the City make determinations in this area in more definite language 'than now used 'to guide both the Planning Department and the P!annin9 Commission, as this is a matter broader than the two principals involved° Councilman Schutte stated that the interests of both principals were basically the same and 'th~at a ~ompromise should be reached by a committee comprising the proponents and the opponents together with the Mayor and City Manager° ~Lro Barnes suggested the proponents for the Sheraton and re- presentatives of Disneyland meet in a 'ten minute recess in offer of a compromise which in the opinion of the proponents and their experts would be as far as they could compromise~ Mr° Barnes thereupon extended an invitation to any member of the City Council to join in this meeting. Councilman Chandler referred to-the ~ummation noted in telegram from Reed Chapel, Hotel Consultant, advisin9 it would be unwise to build a structure which would use ali usable space at 'this 'time, if they con- templated being competitive and allowing for expansion in the future° Councilman Chandier noted that expansion can be both vertical and ho- rizontal and that there was ~ome question whether or not in the future there would be screenin9 available for the ultimate height of the structure wanted, as many buildings are designed to be added to at a later date. He further felt that if these things could await the actual fact perhaps there would be no objection in the future° The principals of both parties were thereupon excused and the City Council continued with 'the business before them (Councilman Chandler left the Council meeting to join ~d meetin9~ 2:30 P.M~)o Later in 'the s~ee~ng 'the 9~oup returned to the Council Chambers, and Councilman Chandler advised that i't was the consensus of opinion that the City Council make the decision. 7474 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 4~ 1964~ 1:30 P.M. Mr, Barnes addressed the City Council stating he felt he was .speaking for all parties J.n expless;ng appreciation for the manner in which the City Council has examined this issue° Further, the proponents do not wish a continuance and re~pectfuiiy request the conditio~al use permit be granted with a height limitation of 208 ~eeto MX~o Ettinge~ advised that at the meeting a proposal to meet with the City Council to try and determine a policy on this issue was made and they accept that propo~alo Mayor-Goons decia~ed 'the hearing ¢losed. Di.scu$~ion was held dy the City Council. and Ma'yor Coons reported concernin9 his investigation and che¢~ o~ the plans ~or possible redesign of the structure, whe~-eby additional rooms could be obtained and still re- duced khe heiwi~t o~ the bulldin9 to fourteen storie~ or 180 feet, Another possibility being a ~C' shaped structure reducing the height o~ the buildin9 to thirteen stories or 169~-fee~ Mayor Coons recognizing the importance of the Council decision, advised that this wa~ a case where the hotel needs the environment and the environment need~ t~e hotel° Fu~ther~ he was of ~he opinion that the hotel would not have been proposed a't this location if it had not been ~or the fact that the largest and probab±y mos't famous international attraction in the world had not been built there° Mayor Coons stated 'that the basic rule of planning was the right of a person to use his land as he wishes as long as it did not damage or infringe on the property rights of his neighbor° That here we recognize the property rights of "this other world atmosphere"~ and no one can argue the fact that Disneyiand has created an .illusion and atmos- phere within the park that d~aws vlsitors~ That of 'the approximately 40- million visitors 'to the park~ approximately 70 percent are repeat visit- ors due to the fact th'~t the park is constantly changing and expanding. Further~ if anything is done that might change the thinking of the people that have created thi~ park so that it ceases to become a living entity and should be,come statics, ve;,.y shortly the repeat customers will decrease; the attendance will drop ~nd ali other satellite entities surrounding the park will suffe:~- which w[il ~ffect the welfare of the entire City. Mayor Coons stated that ac:~ording to his visual observation and tour through the park~ 'to him-~, height limit established at approximately 170 feet or 180-feet would satisfy the hotel requirements~ and within a two or three year pexioa the pre~ent -shrubbery or landscaping will have grown to a point where it will be visible from one area only, the Yomorrowland area, which is modern in theme° i'n his opinion~ visual intrusion in the other areas could be a Coun~'~ilman Dutton xeported +~nat with the exception of the tour through Disneyland Pa.r~k~ he ha,: had no '.:ontact with either 'the applicants o~ the Disneyland ~ep:esentatives s!.n~e the public hearing~ and further advised that he c on~.urred '~ubstan't:i~ily with 'the remarks made by Mayor Coons° Reg:rd.._n per~r[~i.:r~9 i:i-:e ~.,~ of land to the detriment of a neighbor, in this case it went further~ a,? the neighbors include all the people in the City of Anahelm and ail factors on both sides must be weighed;not only this one p~oject ia involved, but the pattern and precedent that ~ould be established could even'tua±ly su_r'round the entire Disneyland Park wi th ?,ich-rise struchrures. Councilman Dutton slated he concurred in this 'visual intrusion concept, however a~; he s't~ted pre'vlou$1y~ in his oplnion Disneyland has to a certain extent,~omp~omis=d their own visual intrusion concept with the construction of the Monorail, Matterhorn etCo Councilman Dutton :[eported that he also had some knowledae concern- in~ l=nd:~ :,pi~- .;~:j ~v:~.~ a~r,~: cf' +~,e ufo ~ of these v~rlous pine t-tees, and in lookln,j ;:-[ t:e ~'~:l!oon~, fro~,-~ [::e p_~rk area he could clearly see the gzay 7475 City Hall, Anaheim~ California - COUNCIL MINUTES - February 4~ 1964~ 1:30 P.M. ones and was o£ the opi~l:on ~-~ .~'L a 208 i'oot ~tructure would not be ,an in- trusion to tl'-~e vi~i;o:s of t?:e Dzsncyl~nd Park wit!':, t~e exception of a few isolated areas. Councilman Du'tton further advised that he had tremendous respect for the creative ingenuity of Walt Disney and his staff° That he has and will continue to do everything possible to aid the Disneyland Park because the Disneyland Park aids the City of Anaheim. He stated he has been a party to. delimiting this area to recre~fionnl and related businesses, in re- ferring to the proposed c~,~7 con~,'ention facility~ Councilman Dutton advised that thls is ~m_nortant to Disneyl~no ,and the entire City of Anaheim and will assr.st ttts a~ea and tie entire ~,_ty Ou~ing the off-season periods° Councilman OhanOler ,,~%ated that the Planning Commisg~on basically made a decision concernln9 land use_~ Howeve~ in the past, the City Council has paid a good deal of attention to "invasion of privacy" in the develop- merit of apartments and single,-family residences~ and referred to the Anaheim Municipal Code whereln a two story apartment structure is prohibited within 150 feet of a single,-family ~esidenceo Referring to the tour through 'the Park~ Councilman Chandler ad- vised 'that he saw both the gray balloons which were 208 feet high~ and the blue ones which were 260 feet high~ and the lomer balloons could be seen clearly from most of the points noted in the pictures taken and sub- mitted by Disneylando Regarding 'the growth of ~trees Councilman Chandler was aware of the fact that i~t takes time for growth eno also aware of the fact that the problem before them was immediate° He stated 'that the City of ,Anaheim has made a determination to spend approximately six to eight million dollars for a convention center south of the Disneyland Park~ and his interest was the external economics of the Park and the impact it will have on the economy of this established commercial~recreational area; as anything them would affect one in this area would affect all~ and if one of the major industries in this area was hurt or so-called 'tourist business hurt~ he would have 'to retract his vote concerning 'the building of 'the Convention Center as he could not take the risk of this amount of money belonging to 'the people of the City of Anaheim~ Councilman Chandler eta'ted 'that the Mayor expressed many of his opinions~ ~ith the exception of the 170 foot height limitation~ He felt there was an area that 'the principals could compromise and further felt the height of the hotel should not exceed i50 feet~ Regarding the telegram received and previously referred to, Councilman Chandler noted that many buildings are designed for future addition~ and gave as an example the new Central Library and Police Facility bu~ldingso Councilman Schutte stated that if the line could be established that would prevent intrusion in the Disne¥1and Park~ he felt sure there would be an agreement on tl,e ,ez,:~hl .=nd as he 'toured the Disneyland Park he was of the op:nlon that thez'e would be no intrusion in 90 per cent of 'the Park if the hotel was constructed to the height of fifteen stories. Councilman Schutte advised that he was a member of the City Council when the Park was ssnabiished aha further advised that at one time a four per cent admission tax was contemplated which would have now netted the City approximately two million dollars° This tax was not levied because of the Council's concern for Disneyland, a concern that still exists° Councilman $chutte advised that in his opinion a building of fourteen or fifteen stories would not be an intrusion on the Park. 7476 ~it¥ Hall~ Anaheim~ California-. COUNCIL MINUTES .- February 4~ 1964~ i 30 P~M, Councilman Kxein stated that before ~.onsLdeIing a compromise on the building heigh't~ he would like tc zefe~ [o the real issue~ that is ~visual in-truslon~. He noted that Dlsneyland has had a lot of experience and ~uccec~ in third: parkland wa,z of the opinion %ha% the burden of proof tha't this ~as not visual i. nt:~u~iom :~,hould b~ [hat of th~ proponents and no~ Disneyiand. Further: in hi~5 opinlon any height that forms any vlsual intrusion~ whe'the~ i~ be twenty-.[~o stories or ~w~lve s~or~es, is in~zuslon~ and he would ~avor a building only of a helght that ~ould not lntrude on vislbili'ty of the Mayor Coon~ advi~'~ed that the average of the four expressions giveri would be lvO fee~ '-.-~na would ,~ep.~.esent 8 ;~eduction of feven floor~ in the to'tat height of the buildlng~ Coun ilm?n Chanale'y. noted ~ha't ~imllaz previous determinations have been made by the City Counc'il~ referring to the Kimberly Investmen~ Company and the Disneyiand Ho~el~ and a~ far as the OrOOertv line between Disneyland' s north property l~ne and the p~ol~osed hotel si~e~ i~ could no% compare with the d:i:~ance of the Disneyland proDerty to the Kimberlv Znvestment Company p:toperty line to the eas[~ or the Disneyland Hotel to the we5to Goun~:.ilman Ohand!e:t' furthei, noted %hat the City Council established the height limitation on the Kimbe~ly investment Company property of 115 feet and on the Dlsneyland Hotel pz-ope'~ty 125 fee'to Con~?[dering the~e two ac~ions~ Coun~:;ilman Chand!e: '[ailed to see the t, ompatibiiity of 170 feet height limita- tion from approxlmatel'y the .~ame distance.~ Ma¥o:r Coons :~'epo: ted that on .:a scaled aerial photogr?ph, the center of the hub fin 'the Di,~neyiand Pa~k to the ,:::enter of the Sheraton Hotel loca- tion was 2~560 feet~ f~om the cen'te~, of the hub to the present Disneyland Hotel To ~e~,5 it was o 320 fee * .... ~ .. o'~' a diffez.ence of 240 feet in actual site line 2ntrusiono Councilman Dutton advzsed that he was contemplating three or four feet rate of growth of the tree.3 on 'the berm each yearo Further di;,:;;us~:.ion wa: held ~:;oncez.ning the establishment of a pz-eceden!~ ;:~n~ the ~fifferen-'e of int?usion from different locations° RESOLUTION: Coun.~iiman Coon:~ offered a resolution granting Conditional Use Permit NCo 512 sub,eot to the recommendations of the City Planning Commission with a fuz'ther p~o¢i::~ion that the 'total height of the structure : =ii no~. e~..eed i.'~? feet from presen~ natural gr.adeo Roll call on said ~'esolution was as follows: AYES: i;O.J~''':,, _'LMEN...'. S,;hutte. and Coons NOES; ,~OdN~MEN; Dutton, Chandler and ~ein ABSENT ~ COUNCiLMENt None Mayor Coon~ deciated :~aid zesolution failed to carry° RESOLUTIONz Councl!man Chandle:r offered a resolution granting Conditional Use Permit NCo 512 ~uOje~'~ 'to the recor~mendations of the City Planning Comm~lssion ~ith 'the f~,~the:: pzovis.lon that the total height of the structure ~'~"1~ no ~ ex..e~n ~.~,~ ~.~,,:~t [~of pr=~-,ont n ~tu~ a! gradeo Roll .~ali on sa:;.d {e$ol'ution was as follows: ~ YES COtiNG i LMEN- n' -. ....... ~,,h:=ndler and Kx'ein NOE~ '3O'UNC]I.MEN~ Duh'ton~ !~chutte and Coons ~BSENT :~ COUNC 7LMEN t, None "oun, 1!man Coons e:~plakned his vote was based on the fact that 'the f!oor multiole,~ we~'-e not ; onsidezed~ 150 feet would be 13~ floors~ *~ ,~ i~;, L:~ on vv:::. ,:: zee ,¢:-~,:i ro [~8 tee~ *~'~f wou]_d realize the total height o¢ 1:: to:~ie~..~ .... nd t!:e:eupon ,..:e-la;ed s.:~:d ~e~solutlon failed Zo carry¢ RESOLUTION NO 6-1R-.69: Coun::iim~,a .nandle~ offezed Resolution No, 64R-69 7477 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - February 4~ 1964~ 1:30 P.M. for adoption granting Conditional Use Permit No. 512 subject to the recom- mendations of the City Planning Commission with the further provision that the total height of the structure shall not exceed 160 feet from present natural gradeo Refer to Resolution Booko A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NOo 512, On roll call the foregoing resolution was duly passed and adopted by the following vote~. AYESo' COUNCILMEN,. Chandlery $chutte and Coons. NOE$~ COUNCILMEN: Dutton and Krein ABSENT.~ COUNC E LMEN: None The Mayor declared Resolution No. 64R-69 duly passed and adopted. REQUEST - WAIVER OF CITY BUSINESS LICENSE~ Request of Jay R. McEntee~ Secretary of Libres Foundation, Incorporated, P,~ Oo Box 3610~ Anaheim~ California~ request- ing waiver of City Business License as a nonprofit organization engaged in making available on a nonprofit basis educational material through markets~ drug stores and other commercial estabiishment~ on the subjects of economics and government~was submitted° On motion b'y Councilman Dutton~ seconded by Councilman Krein~ s3:id request ~was ~ontinued for one week February 11~ 196~ and referred to the City Attorney for investigation and further report to the City Couneilo MOTION CARR!EDo RECLASSIFICATION NOo 63,-64-30 AND CONDiTiONAL USE PERMIT NO. 470: Request of L. G, S, Corporation~ for relief from immediate compliance with conditions requirinq that a final tract map of subject property be recorded prior to obtaining building permits for the commercial portion only, was submitted. RESOLUIiON NOo 64R-56~ On the recommendations of the City Engineer, Council- man Dutton offered Resolution No,, 64R,-,56 for adoption amending Condition No. 1 of Resolution NCo 63R-970 in Reclassification proceedings No. 63-64-30 as follows~ That the owner of subject property shall provide the City of Anaheim with executed easemen't~ approved by /he City Attorney for the streets~ alley and drainage as shown on Exhibit No. 1~ Revision No. 2 or as required in Condition No, 2 of Resolution No. 63R-866, A bond shall be Pos'ted in an amount determined by the City Engineer and approved as to form by the City Attorney 'to guarantee the construction of all improvements as required by the City of Anaheim, A final tract map of the subject property shall be submitted to and approved by the City Council and recorded in the office of the Orange County Recorder within six months from date hereof~ or such further time as the City Council may grant° Refer to Resolu'tion Book° A RESOLUTION OF THE CIIY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 63R-970 IN RECLASSIFICATION PROCEEDINGS NOo 63-64-30. (Northeast corner of Wilshire Avenue and Lincoln Avenue) On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Dutton~ Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNC!LMEN~ None TEMPORARILY ABSENT: COUNCILMAN: Chandler The Mayor declared Resolution No~ 64R-56 duly passed and adopted. 7478 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 4~ 1964~ 1:30 P.M. .~ECLASSIFiCATION NOo 61-62-76; Request of Dr. Arthur R. Budd for permission to utilize the two driveway approaches to Euclid Street referred to in Condi- tion Noo 5 of Resolution No. 62R-223, inasmuch as subject property was included in Tract Noo 2779 recorded prior to annexation to the Ci±¥ of Anaheim, and by said recordation, dedicated to the County of Orange all vehicular access to Euclid Street except at street intersections~ was sub- mlttedo Report and recommendations of the City Engineer dated January 24, 1964, were submitted and read~ On the :recommenda'tion$ of the City Attorney, it was moved by Councilman Dutton seconded by Councilman Schutte that the Mayor be authorized to execute J per~oi% for vet~icular access, in a form satisfactory to the C~ty Attorney, grant~n9 the applicant permission to utilize the two existlng driveways as access to Euclid Street; subject to the followin9 recommendations of "the City Engineer o 1~. T. a~ Dr, Budd and adja:'ent property owner file a letter with the Engineer- in, Di~:isior:, a'-cep,~in,,, jo~n~ responsi'-'i]ity,,_, _ for t,]-e driveway apron. -Fl',_~t Dr~ Buclc~ ant; aO..j.:~,,;en[ proper'ty owner [urnisi, tke Plannlng Department w~t: copies o2 t: e rezozded easements and erant deed. MOT ON .SARR'ED., RECLASSiFICA[iON NOo 62-63-38~ CONDITIONAL USE PERMIT NO. 317 AND TRACT NO. 5439 ~ REVISED PLANS~ Communication dated January 11, 1964, from Warren- Clark and Associates requesting termination of Conditional Use Permit NOo 31'7; deletion of Conditions Nos° 8 and 9 of Resolution No. 63R-63 in Reclassification pro~-eeding~ No. 62,-63-38; and approval of Revised Plans was submittedo Revised plans marked Exhibits Nos° 1 through 7, inclusive, Revision Noo 2, were reviewed by the City Council and Mr. Clarence Clark came forward to t~ e Council table and fur/bet explained said plans. RESOLUTION NO~, 64R~57t Coun(:ilman Dutton offered Resolution No. 64R-57 for adoption° Refer-to Resolution Book~ A RESOLUTION OF THE CifY' COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS iN CONNECTION WiTH CONDITIONAL USE PERMIT NO~ 317o On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Dutton, Schutte, Krein and Coons NOES ~ ..~ OUNC ~ LMEN, None ABSENT: COUNCILMEN: None TEMPORARILY ABSENT; COUNCILMAN: Chandler Mayor declared Resolution Noo 64R-57 duly passed and adopted. RESOLUTION NO~ 64R-58: Coun{:ilman Dutton offered Resolution No. 64R-58 for adoption amendin9 Resolution No. 63R-63 in Reclassification Proceedings No. 62-63-38 by deleting 'therefrom Conditions Nos. 8 and 9. Refer to Resolution Book. A RESOLUTION OF THE CITY' COUNCIL OF THE CITY OF ANAHEIM AMENDING RESO- LUTION NO. 63R-63 !N RECLASSIFICATION PROCEEDINGS NO. 62-63-38. On roll call the foregoing resolution was duly passed and adopted by the foilowin9 vote; 7479 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 4~ 19647 1:30 P.M. AYES: COUNC!LMEN~ Dutton~ Schutte, Krein and Coons NOES; GO'UNGiLMEN: None ABSENT: COUNCILMEN~ None IEMPORARILY ABSENI: COUNCILMAN: Chandler The Mayor declared Resolution No. 64R-58 duly passed and adopted. RESOLUTION NO. 64R~59 - JOB NOo 819~ On 'the recommendations of the City Engineer Councilman Krein offered Resolution No. 64R-59 for adoption awardino contract for the Anaheim Municipal Golf Course Sewer and Water Improvement, to the low bidder, Longley Construction Company, in the amount of $6,396.92. Refer to Resolution Book° A RESOLUTION OF THE CITY 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 PER- FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE ANAHEIM MUNICIPAL GOLF COURSE SEWER AND WATER IMPROVE- MENT, JOB NO. 819o (Longley Construction Co.) On roll call the fozegoin9 resolution was duly passed and adopted by the following 'vote: AYES~ COUNC~LMEN~ Du't'ton, Schut'te, Krein and Coons NOES: COUNCiLMEN~ None ABSENT~ COUNCiLMEN~ None TEMPORARILY ABSENT~ COUNCILMAN~ Chandler the Mayor declared Resolution No~ 64R-59 duly passed and adopted. RESOLUTION NOo 64R-60 - JOB NO,~ 834: On the report and recommendations of the City Engineer, Councilman S¢hutte offered Resolution No. 64R-60 awardin9 contract for improvement of portions of Lewis Street and Cerritos Avenue in the City of Anaheim to the low bidder RoE and R. W. Crane, in the amount of $21,675o75o Refer to Resolution Book, A RESOLUTION OF THE CiTY 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.~ $ERViCE$~ MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATiON~ .iNCLUDiNG POWER, FUEL AND WATER, AND PER- FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE iMPROVEMENT OF PORTIONS OF LEWIS STREET AND CERRITOS AVENUE~ IN THE CiTY OF ANAHEiM.~ JOB NOo 834, (R~E, & R,W~ Grane) On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Dutton, Schu'tte, Krein and Coons NOES: COUNCiLMEN~ None ABSEN'I; COUNCILMEN; None TEMPORARILY ABSENT: COUNCILMAN: Chandler The Mayor declared Resolution Nco 64R-60 duly passed and adopted. JOB NO. 749 - EXTENSION OF TIME: On the recommendations of the City Engineer~ it was moved by Councilman Krein, seconded by Councilman $chutte that the contractor, John Ac Artukovich Sons, inco, be 9ranted a twenty-five work- ing day extension of time 'to .Job No. 749, Katella Avenue Storm Drain from Anaheim Barber City Channel to West Street. MOTION CARRIED. RESOLUTION NO. 64R-61 - JOB NOo 749; On the cer'tification of Thornton E. Piersall, Director of Public Works, that J'ohn Ac Artukovich Sons, Inc. has completed the construction of the Katella Avenue Storm Drain, Job No. 749, Councilman Krein offered Resolution Nco 64R-61 {or adoption. 7480 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 4~ 1964~ 1:30 P.M. Refer to Resolution Book° A RESOLUTION OF TH£ CITY COUNCIL OF IHE CiIY OF ANAHEIM FINALLY ACCEPTING IHE COMPL£IION AND THE FURNISHING OF ALL PLANT~ LABOR~ $ERVIGES~ MATERIALS AND EQUIPMENT AND ALL UIILIIiES AND TRANSPORTAIION INCLUDING POWER, FUEL AND WATERy AND THE PERFORMANCE OF ALL WORK NECESSARY TO GONSIRUGI AND GOMPLEIE IHE FOLLOWING PUBLIC IMPROV£MENT~ TO WIT: CONSTRUCTION OF A STORM DRAIN IN KATELLA AV£NUE~ FROM THE ANAHEIM-BARBER GIIY CHANNEL EASI- ERLY IO WEST STREET~ tN IHE CITY O[ ANAHEIM, 30B NO. 7~9. (John A. Artukovich On roll ~;all the foregoing resolution was duly passed and adopted by th~ following vo±s~ AYES: COUNCILMEN: Dut~on, Schutte, Krein and Coons NOES: COUNC ~LMEN: None ABSENT: COUNCILMEN: None IEMPORAR[LY ABSENI: COUNCILMAN.~ Chandler The Mayor de,elated Resolu{ion No. 64R-61 duly passed and adopted. RESOLUTION NOo 64R-62 -J'OB NO,, 840~ Councilman Dut'ton offered Resolution No. 64R-62 for adoptlon,, Refer to Re~oiution Book° A RESOLUTION OF THE CiT~ COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMiNiNG THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC- lION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF HARBOR BOULEVARD~ FROM CHESTNgr STREET TO BROADWAY~ IN THE CITY OF ANAHEiM~ JOB NO~ 840; APPROVING THE DESIGNS~ PLANS, PROFILES~ DRAWINGS AND SPECZFiCA[iONS FOR ~HE CONSTROCTiON rHEREOF; AUTHORIZING THE CON- STRUCTION OF SA,iD PUBLIC iMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECiFiCATiONS~ ETC~; AND AUFHOR~ZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE ~NViFi~iNG SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened February 2'7, 1964, 2:00 On rolt call the foregoing resolution was duly passed and adopted by the following vote~ AYES: COUNCILMEN: Dutton, Schutte~ Krein and Coons NOES ~ COUNC I.LMEN: None ABSENr~ COUNC ZLMEN~ None TEMPORARILY ABSENT: COUNCILMAN: Chandler The Mayor de:;lared Resolution No~ 64R-62 duly passed and adopted, RESOLUTION NOo 64R.-63: Councilman Krein offered Resolution No, 64R-63 for adoption° Refer to Resolution Booko A RESOLUTION OF 'THE CiTY COUNCIL OF THE CITY OF ANAHEIM ACCEPIING A GRANT DEED CONVEYZNG TO THE CiTY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASE- MENT FOR ROAD AND PUBLIC UTILITY PURPOSE$~ (Theodore L, and Gloria Baraglia) On roll call the foregoing resolution was duly passed and adopted by the following 'vote~ AY~S~ COUNCILMENt Dutton, Schutte, Krein and Coons NOES;~'~ OUNC. i LMEN ~ None ABSENT: COUNCILMEN; None TEMPORARILY ABSENT: COUNCILMEN: Chandler The Mayor declared Resolution No. 64R-63 duly passed and adopted. 7481 C,ity Hall~ Ana~eim~ California - COUNCIL MINUTES - Yebruary 4~ 1964~ 1:30 P.M. RESOLUTION NOo 64R-64; Councilman Krein offered Resolution No. 64R-64 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CI'tY OF ANAHEIM C£R'[A!N REAL PROPERTY FOR AN V_ASE~ENT FOR PUBLIC UTILITY' PURPOSE$o (Chrysler Motors Corporation) On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Dutton~ $chutte~ Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None TEMPORARILY ABSENT: COUNCILMAN: Chandler The Mayor declared Resolution No~ 6~R-6~ duly passed and adopted. RESOLUTION NO~ 64R-65: On report and recommendation of the City Attorney and City Manager, Councilman Dutton offered Resolution No. 64R-65 for adoption. Refer to Resolution Book, A RESOLUTION OF THE C'-TY COUNCIL OF THE CiTY OF ANAHEIM DETERMINING THE NECESSITY FOR~ AND DIRECTING 'THE ACQUi$!TiON~ BY EMINENT DOMAIN~ OF REAL PROPERTY FOR HiGH,AY EASEMENT AND PUBLIC UTILITY PURPOSES. (Eight foot strip across Shields Drive between Broadway and Orange Avenue Tract No. 2755) On roll call the foregoing resolution was duly passed and adopted by the following vo[e~ AYES: COUNC!LMEN: Dutton~ Schutte, Krein and Coons NOES ~ COUNC i LMEN ~ None ABSENT: COUNCILMEN: None TEMPORARILY ABSENt: COUNCiLMAN~ Chandler The Mayor declared Resolution No~ 6~R-65 duly passed and adopted. STANKEY PROPERTY NEGOTIATIONS~ The City Attorney reported that, in the negotiations pending on the Stankey Property (Broadway, west of Euclid) there is a Question as to the exact acreage; that the exact acreage may be between 9.7 and 10.3 gross acres~ ?~-e .J)fference being the amount of ]and to the center of tl':e s±teet. qiscussion was held by the City Council and City Attorney, and at the conclusion thereof ~ w,=~i~ ,~ok, e¢ by Councilman Krein, seconded by Councilman Dc::on, that the City Attorney be authorized to complete negotia- tions on the basis of 'ten acres at the previously agreed acreage price; title to be obtained to the center, of the streeto MOTION CARRIED. CLAIM AGAINST THE CITY': On motion by Councilman Dutton seconded by Councilman Krein, claim filed by C. ~o Smith on behalf of Alvin Ray Smith, for injuries received as result of a street sign pole falling to the ground on or about October 20, 1963, at the northwest corner of Rainbow and Roanne Streets was submitted, denied by the City Council and referred to the City Legal Depart- ment. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed, on motion by Councilman Chandler seconded by Councilman Dutton. a. Orange County Mosquito Abatement District - Minutes of meeting held January 17~ 1964~ b. Notice of Hearing before the Public Utilities Commission of the State of California - Application of Los Angeles Airways, Inc., for an increase in intrastate air passenger fares. MOTION CARRIED. 7482 City Hall~ Anahelm~ California - COUNCIL MINUTES - February 4, 1964~ 1:30 P.M~ ~RDINANCE NOo 19695 Councilman Dutton offered Ordinance No, 1969 for first reading~ AN ORDINANCE OF THE C'IT¥ OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELAYING IO ZONiNG~ (63-54-51 - R-l) After hearing read in full the tile of Ordinance No. 1969 and having knowledge of the contents 'therein, Councilman Dutton moved the reading in full of said ordinance be waived. Councilman Schutte seconded '[he motiono MOTION CARRIED~ RESOLUTION NOo 64R~66~ On report and zecon~nendations of the City Manager and City Attorney, Councilman $chutte offered Resolution Noo 64R-66 for adoptiono Refer to Resolution Book~ A RESOLUTION OF '[HE CIYY COONCIL OF rile CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF FULLERTON WITH REFERENCE TO DISTRIBUTION OF COSTS ON COMMON BOUNDARY STREETS. On zoli call the foregoing resolution was duly passed and adopted by the following vote~ A'¥E$: COUNCILMEN: Du'tton~ Schutte, Krein and Coons NOES: COUNC i LMEN: None ABSENT; COUNC I LMEN; None TEMPORARILY ABSENT: COUNCILMAN: Chandler The Mayor declared Resolution No~ 64R-66 duly passed and adopted. RESOLUTION NOo 64R-67; On ~eport by the City Clerk, Councilman Krein offered Resolution Noo 6aR.-67 for adoption° Refer to Resolution Booko A RESOLgT]ON OF I'HE CITY COUNCIL OF THE CITY OF ANAHEIM~ CELIFORNIA~ CALLING AND GY£VYNG NOTTCE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD '" ~ ~.N SAiD u, iTY ON TUESDAY~ THE 14th DAY OF APRIL~ 1964, FOR THE ELECT~ON OF CERTAi:fN OFFICERS OF SAID CiTY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF ~ t" ~.~AL.~FORNiA RELATING TO GENERAL LAW CITIES. On roll call the foregoing resolution was duly passed and adopted by the following vo'te: AYES,: COgNCILMEN: Dutton~ Schutte~ Krein and Coons NOES: COUNCILMEN ~ None ABSENT ~ COUNCILMEN ~ None IEMPORARILY ABSENT: COONC!LMAN~. Chandler Yhe Mayor declared Resolution No~ 64R-66 duly passed and adopted, ALCOHOLIC BEVERAGE LICENSE APPLiiCA~ION: The City Manager reported on recom- mendations of the Chief of Police pertaining to application of E1 Coco Cafe, for Ne~ On-Sale Beex~ license at 300 E&st Lincoln Avenue (C-2'Zoning). On motion by Councilman Dui'ton seconded by Councilman Krein the City Attorney's office was authorized to file a protest with the Alcoholic Beverage Control Board, based on the recommendations of the Chief of Police~ relative to past law enforcement experience a'[ this location:, TRANSFER OF FUNDS - LANDSCAPING AREA BETWEEN CENTRAL LIBRARY AND POLICE FACILITY: The Ci±y Manager submitted recommendations from the Director of Parks an~--- Recreation estlma-[in? t?-.e cos~ of minimum landscapin9 and ±urfing of the area between the Central Library and Police Facility to be approximately $1,450.00. 7483 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 4~ 1964~ 1:30 P.M. !t was moved by Councilman $chutte, seconded by Councilman Dutton, that transfer of funds in the amount of $19450°00 from the Contingency Fund for the purpose of landscaping and turfing said area, as recommended by the City Manager be authorized, MOTION CARRIED. RESOLUTION NO. 64R-68: On the recommendations of the City Manager, Councilman button offered Resolution NOG 64R-68 for adoption~ Refer to Resolution Book~ A RESOLUTION OF 'lqdE C!IY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 63R-589, SECTION 2~ ALLOCATION OF CLASSIFICATIONS OF EMPLOYMENT TO COM- PF. NSATI ON SCHEDUL£$~ (Jailer) On roll call the foregoing resolution was duly passed and adopted by the followin9 vote; AYE5; COUNCILMEN; button, 5chut'te~ Krein and Coons NOfS: COUNCILMEN~ None ABSENT: COUNCILMEN: None TEMPORARILY ABSENT= COUNCILMAN: Chandler The Mayor declared Resolution No, 64R-68 duly passed and adopted, On motion b'y Councilman Dutton~ seconded by Councilman Krein~ the employment of four civilian personnel to assist with jail duties in accord- ance with Chief of Police recommendations~ was authorized~ MOTION CARRIED. REQUEST - WATER AND SEWER SERVICES (COUNTY AREA): The City Manager reported on request for City Water and sewer services received from Mr~ Dillman and Mr. Brummel~ developers of a proposed 232-unit apartment project, at 9802 West Lincoln Avenue~ lying south of Lincoln Avenue and west of Brookhurst Street, in the County of Orange~ Mro Murdoch advised that the proposed development is in County of Orange C,-i zone, and said zone at 'the present time permits multiple family development without any specific requirements, The proposed project does not meet City of Anaheim standards in the following categories: 1~ Specific requirements established by ordinance regulating size of units~ etco 2~ Conditional Use Permit standards regulating planned-unit developments within 'the City of Anaheim. Grading and plot plan of the proposed development was reviewed by 'the City Councll~ and it was reported that the engineerin9 standards could be met quite easily~ however the problem was in the lay-out and in the buildings themselves° Mr. Max Dillman~ one of the developers~ stated that they would meet the engineering requirements° He fully explained their planned development advising that they were aware of the necessity of obtaining certain permits, but only last Wednesday were they advised their development must conform to City standards in order to obtain City of Anaheim services. He further ad- vised that their County zoning would be void if City approval was not obtain- ed by February 11~ 1964o Mr. Reese~ Director of Planning~ fully explained how the proposed planned unit development deviated from City standards~ with regards to parking requirements~ circulation~ density~ distance between buildings and unit size; that this development was not designed to meet City standards and is a complete- ly different concep't of development from that being approved by the City of Anaheim at the present time~ Mr. Knisely~ Attorney represen'tin9 the developers, felt the develop- ment terms on 'the word ~'concept~ beq:ause all of the engineering problems have been resolved, as well as the zoning requirement~ as far as the City ordinances are concerned with the exc:eption of the unit size~ and he was of the opinion that the remaining problems had to do with 'the concept of streets etc. 7484 City Hall~ Anaheim~ California .- COUNCIL MINUTES - February 4~ 1964~ 1:30 P.M. Discussion was held by the City Council~ City Manager and City Attorney, and it was determined that to grant such request would be deviat- in9 from the cLty policy requirin9 outside,city developments to be in con- formity wi'th minimum. ~.ity standards° At the conclusion of the discussion it was suggested to Mr. Dillman that he work with 'the city staff and revise his plans to substan- tially conform wtth all t}~e city requirements, and the Council would further consider his request on the basis of the revised plans at the earliest possible dateo RECESS; Councilman Dut'ton moved to recess to 7:00 P.M~, Councilman Chandler seconded the motion~ MOTION CARRIED, AFTER RECESS: Mayor Coons called the meeting to order. PRESENr: ABSENT: PRESENT: COUNCILMEN; Dutton~ Chandler~ Schutte~ Krein and Coons. COUNCILMEN: None o CiTY MANAGER: Keith A. Murdoch~ CiTY ATTORNEY: Joseph Geisler~ CITY CLERK= Dene M. Williams. ZONZNG COORDINATOR: Martin Kreidt. INVOCATION~ Reverend bnderwood~ of the iFoursquare Church~ gave the Invocation. FLAG SALUTE: Mayor Coon~ led the assembly in the Pledge of Allegiance to the ?lago CONTINUED PUBLIC HEARiNG~ RECLASSiFiCATION NO. 63-64-60 (PLAN STUDY NO. 65-4-1l: Submitted by Earle and Cecelia Ko Brooks~ requesting change of zone from R~A 'to R,-3, property located on 'the South side of Savanna Street adjacent to the Pacific: Elelt~ic Railway Right,-of,-Way~ approximately 1020 feet west of Knott Avenue (3620 Savanna Street),, Public henr, ing was held before 'the City Council on January 7, 1964~ at which 'time Condi'tfonal Use Permit No. 50~, for a two story, planned town,~house deveiopment,~ was denied and Reelassification No. 63,-6a~60 was .refer:~ed back 'to the City Planning Commission, together with altexn:ati~e pl~ns~ fo:r ,~on~lderation of R-2 zoning~s public bearing Oefore the City COuncil being continued to this date for the Planning Com- mission report and ~e,~,om~end.~tions~ Mr~ Martin K~'eidt reviewed the location of the property in question, noting 'that there is very little zoning in the area other than residential,-agriculturalo He called attention to Plan Study No. 65-4-1, prepared in conjunction with City Planning Commission consideration of the alternative plans, an~ referred to two additional Planning Study Exhibits, placed on the east wall of the Counoil Chambers~ which were prepared and presented to 'the Plannlng Commission, illustrating bow the property might be developed for single,-family z'esidential use or multiple-family residential MZo Kreidt fur'the: advised that by motion~ the City Planning Com- mission recommended that the R,-2, two-family residential development be approved~ as shown on Exhibit Nos~ 1 through 4, Revision No. 1~ however~ in ~e discussion, ~¼e Oommi~slon expressed the opinion that the existing Brooks residence on the Savanna Stree't frontage should be retained to main- rain the single family residential character of 'the neighborhood. Plans and the file were reviewed by the City Council~ and discus- sion was held regaz-din9 the improvement of Savanna Street and drainage of subject proper't¥; and Mro Kreidt noted that these issues would be resolved when 'the tract map lo proce$$edo Mayor Coons asked if the applicant or his agent was present and wished to address the City Council. rom 3ohns'ton~ representing Lomar Developers Inc.~ addressed 7485 City Hall~ Anaheim~ California -, COUNCIL MINUTES - February 4~ 1964~ 1:30 P,-M~ the Clty Council sta'ttng that~ aonstderinq the wishes of 'the residents in the area~ the developer~ feel they have reached a good compromise with the revised plan~ for duplex dwel]_ing~ He was of 'the opinion that a sensible transition would result by retaining the existing Brooks residence, and leaving '[he balance of Savanno Street to the west unimproved. Mro Joe E., Long~ of Lomar Developerw Inc,~ ad'vised that the plans show a total of eleven lots on 'the 3~ acrs parcsl, or one third acre per lot, and called attention 'to the western design of the buildings, He noted the possible route for sewerage lines~ and advised that should the existin9 water facilities be insufficient~ .:~ltv water l~nes would be brought in to serve the development° ~z, tigons asked if anyone wi.,~hed to address the Council in op- posi'tion to the proposed reclassification, Mr o Andrew Logan, 3603 Savanna Street, stated that he represented his heighbors and tire,self? and that they object to 'the requested "spot zoning". He called attention 'to the rurai ~tmosphere of the neighborhood, the con- ditional use permit approved by 'the City in 1963~ for dog kennels~ and existing horse stables 'that will be in jeopardy :if reclasslfication is granted because of the incompatibility,, and as result 'the residents will be forced to sell their land~ probably for. additional multiple family residential use~ and search for other location,s which would allow the uses they now enjoy. Mr. Logan further advised of the offers-: to sell received by owners in the area and thai no particular hard~.~hip oz ln-onvinience would be caused the applicant by denial of reque~_~t~, Attention was called 'to the petltion of protest purportedly re- presenting 90% of the ownership of the area~ Mro Richard T.'etrow~ 36_~ oaTanna Street, advised that he was op- posed to the development as .;t will be an infringement upon their way of life, that traffic will be :n~eased~ nezessztating :improvement of the street, He further felt the wi~::,hes of 'the majority ,~hould govern° Mrs° Vivian Shield,~, 3640 Savanna Street, advised of problems that would be created for them in the ope:ation of their kennel and to Mr. Silva, owner of the stables adjacent to the proposed development and further advised of a similar situation experlenoed by 'them in Northridge~ Wrs~ Anne Logan~ 3603 Savanna Street~ addressed the Council in opposition~ and submitted a letter f;rom Mrs, Barbara Middleton~ of Savanna Street, opposing ,~ubject reclassification, Mrs, Logan also submit- ted the name and address of a person purportedly interested in purchasing subject property for use as pastuz'e~ Mr~ William MoBay, Attorney for the applicant, advised that there has been no deflnite cash offer made to purchase subject property for R-A use, and that since 'the applicant has purchased property in another area for his stable, a financial hardship would be created if the reclassification is denied, in his opinion the:re has been no showing that any detriment would be suffered by the other property owner~ if the revised plans became a reality, and many people would move i. nto the proposed duplexes because of the semi- rural atmosphere~ Mr. McBay noted that the plans have been revised specif- ically for compatibility with the neighborhood~ Councilman Schutte asked why 'the residents thought they would be forced to sell their homes~ Mrs~ Vivian Shields reported that i~ one multiple-family residen- tial zoning is granted~ the ent.ire area would be opened to similar requests, and as a result the quiet neighborhood would not longer be ideal for horses and raising thorughbred skow dogs, She was of the opinion that if the pro- perty in question were proposed for development into single-family dwellings under the R,-1 zoning code pro'vi~ion~, with minimum lots size of 7200 square feet~ no one would be obje~ting~ Upon being advised that~ under existing R-A zone~ twenty-four szn~!le,-family res~Jen~e~ ~ouid !~e zonstru~'[ed on subject property and 'twenty units sre proposed, 7486 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 4~ 1964~ 1:30 P.Mo Mrs.~ NIarjorie Silva, 3630 Savanna Street~ adjacent to subject property on the west~ stated rthey would have to erect a wall around their property for prote~tion~ and probably would be forced to relocate because o.[ t'e number of addltional people livin~ next to t~-eir property. Mro Long noted that 41 feet are planned between the stables to the west and the nearest duplex unit.~ M~yoz Coon~ stated that a good cross section of the evidence had been presented, and thereupon declared the hearth9 closed. RESOLUTION NOo 64R-70: Dis~ussion was held by the City Council, and at the conclusion the~eof, Councilman Dutton offered Resolution No. 64R-70~ authorizing preparation of necessary ordinance, changing the zone as follows: Lot 1 'to be reclassified to the P-1 single-family residential zone~ and the b.alan~e of 'the property to the R-2, two-family residential zone, subject to the followin9 conditions~ That a final tract map of subject property be approved by the City Council and recorded in the office of the Orange County Recorder. 2. That the owners of subject property shall pay to the City of Anaheim the sum of $25°00 per dwelling unit, to be used for park and recrea- tion purpo~es~ ~aid amount to be paid at the time the building permit is issued,~ 3. That trash stox~a9e areas shall be provided in accordance with the approved plans on file in the office of the Director of Public Works, prior to final building inspeotiono 4o That the drainage facilities shall be installed alon9 the newly dedica'ted street~ as requlred by the City Engineer and in accordance with standard plan~ and specifications on file in the office of the Clty Engineer~, 5o [hat subject property shall be developed substantially in accordance with plan~ and specifications on file with the City of Anaheim~ marked ~Revision No. 1~ Exhibit Nos~ 1 throuqb 4". 60 The present Brooks residence Lot 1 as s!'own on Exhibit No. 1, Revision No. 1, be retained on t~e S~'~anna Street frontage. Refer to Resolut;on Book. A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TiIL£ 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES 02 CERTAIN ZONES SHOULD BE CHANGED. (63-64.-60 - R-1 and R-2) On roll call 'the foregoing resolution was duly passed and adopted by the foilowin9 vote~ AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No~ 64R-70 duly passed and adopted. PUBLIC HEARING~ VARIANCE NOo 1613: Submi't'ted by Eugene Fahrion,.requesting permission to oon~truct two apartment buildings; R-3 property located on the northwest corner of Broadway and Fahrion Place, and further requesting waiver of the following: a. One-story height llmltationo Side yard requirementso c. Required number of garages to permlt construction of carports and open parking spaces~ The City Planning Commission pursuant to Resolution 997~ Series 1963-64, denied Variance Nco 1613~ Review of action taken by the City Planning Commission was ordered by the City Council and public hearing scheduled this date. 7487 City Hall~ Anaheim.~ California - COUNCIL MINUTES .- February 47 19647 1:30 P.M. Mr. Kreidt noted the location of subject property and the exist- ing uses and zoning in 'the immediate area, briefing the evidence submitted to and considered by the City Planning Commission. He referred to Findin9 No. 1 on the Planning Commission resolu'tion, notinq the requested waivers of provisions of the Anaheim Municipal Code~ Ordinance No. 1684 pertainir? to the original Rec!asstficst~on No, 56~.57-45, and recuiring all buildings constructed on tl e lots ai.:~utt~n~ Broadway Street to be limitted to one-story Plans and the file were reviewed by the City Council° Mayor Coons asked if 'the applicant was present and wished to address the City Council° Mr. Eugene A. Fahrion advised that plans for the proposed apartments had been prepared~ working closely with the city staffs in an effort to conform to the existing R-3 provisl, ons. He noted that multiple units west of subject property are w~tY~in 1DO feet of single-family dwell- in~s and are s~ngle-story construction> The Mayor asked if anyone else wished to address the City Council in support of Variance Nco 1613, there being no response, asked if anyone wished to speak in opposition° Mro L. 3'0 Downey~ 1266 E~st Broadway, across the street from the property in question~ addressed 'the Council in opposition stating that he represented nineteen home owners in the area~ and called attention to the applicants former request to construct seven apartment units on the property, which was denied (Variance 1225)o He requested that the City Council uphold their former decision and deny ~'~ubje~.:t request fox'. eight units on the basis that it would be o'ver~development of the proper'tyo Mr. Downey questioned the .~ize of the parcel under consideration~ advising that according to his ~alculations there was not as much space as plans show. If that was correct, he failed to see how the property could be developed for eight units of the size indicated on the plans. Mr. Downey further called attention to the large number of automobiles parked on the street in front of subject property~ in front of the church, in front of other apar'tments~ as well a~ in front of the residential properties on the south side of B~oadwayo Mr. Downey was advised tha't according to the Sectional District Map and the map of 'Tract No, 3160, lots Noso 1 and 2 each measure 62.93 feet by 130 feet, which would allow thirteen multiple dwelling units according to the R-3 zonin9 ordinance° The Mayor asked if anyone else wished to address the City Council. Mro Ralph Livingston~ 1252 East Bx. oadway, indicated his agreement with the statements made by M~o Downey, and gave a brief summary of the subject property zoning history. He noted 'that 'the City Council former decision to restrict the property to single story construction has been upheld in the past. Mr. Livingston was of the opinion that the value of the homes in the area have been reduced by the apartments which already exist on the north side of Broad- way~ and requested the propo~ed de~'elopment be constructed in accordance with tie Ordinance oriainally granted. Mrs, Florence Bechtel, 1248 East Broadway, reported that the access to her garage is through an alley to the rear of her home, and advised that she is often forced to park in front of her neighbors homes due to the many parked cars in the area. She further advised that subject property is used for ad- ditional parking~ and requested that adequate parking provision be required for the proposed new apartments. The Mayor asked if anyone else wished to address the Council, there being no response~ declared the hearing closed on Variance No. 1613, Discussion was held by the City Council, and it was noted that the single story limitation on subject property was enacted before, and the lots 7488 City Hall, Anaheim, California - COUNCIL MINUTES - February 4~ 1964~ 1:30 P.M. recorded prior to the adoption of the new R-3 Zoning Code, and as result, the lots are now substandard in size according to the Code. Mr. Downey addressed the Council calling attention to the City Planning Commission's unanimous action denying Variance No. 1613, on the basis that it would be over-development of substandard property, and he noted that the Commission advised Mr. Fahrion to submit revised plans which would be more applicable to the property. RESOLUTION NO. 64R-71: Councilman Schutte offered Resolution No. 64R-71 for adoption, authorizing the City Attorney to prepare an amendment to Ordinance No. 1684 in Reclassification Proceedings No. 56-57-45 to permit removai of single-story height limitations permitting development under present R-3 Code, and granting only that portion of Variance No. 1613 for waiver of the required garages to permit construction of carports, subject to the following conditions: 1. That the owners of subject property shall deed to the City of Anaheim a three foot public utility easement and a two foot overhang easement along the westerly boundary of subject property. 2. That the owners of subject property shall pay to the City of Anaheim the sum of $25.00 per dwelling unit, said amount to be paid at the time the building permit is issued. 3. That trash storage areas shall be provided in accordance with approved plans on file in the office of the Director of Public Works, prior to final building inspection. 4. That Condition No. 1, above mentioned, shall be complied with within a period of 180 days from the date hereof, or such further time as the Commission may grant. 5. Final plans for the development of the property shall be submitted to the Development Review Board to be approved by the City Council prior to issuance of the building permit. 6. That the Vehicular Access Rights from Lots 1 and 2, Tract 3160, to Broadway Street, shall be dedicated by the owner of subject property to the City of Anaheim. 7. Ihat the rear and side walls of the proposed carports shall be finished with exterior building materials, that enclosed storage cabinets of a minimum capacity of 100 cubic feet shall be provided at the rear wall of each carport, and that adequate bumper guards shall be provided to pro- tect the interior walls of the carports prior to final building inspection. R~fer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO ORDINANCE NO. 1684 IN RECLASSIFICATION PROCEEDINGS NO. 56-57-45, AND GRANTING THE PETITION FOR VARIANCE NO. 1613 IN PART ONLY. On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. The Mayor declared Resolution No. 64R-71 duly passed and adopted. ORDINANCE NO. 1970: Councilman Krein offered Ordinance No. 1970 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.08 - DEFINITIONS, OF THE ANAHEIM MUNICIPAL CODE. (Service Station Standards - Definitions) After hearing read in full the title of Ordinance No. 1970 and having knowledge of the contents therein, Councilman Dutton moved the reading in full of said ordinance be waived. Councilman Schutte seconded the motion. MOTION UNANIMOUSLY CARRIED. 7489 City Hall, Anaheim, California - COUNCIL MINUTES - February 4, 1964, 1:30 RESOLUIION NO. 64R-72: Councilman Dutton offered Resolution No. 64R-72 for adoption° Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF A PROPOSED AGREEMENT WITH THE STATE OF CALIFORNIA, RELATING TO CERTAIN PORTIONS OF THE FREEWAY, STATE ROUTE VII-ORA-174-ANA, BE/WEEN THE FULLERTON-ANAHEIM CITY LIMIT AT HOUSTON STREET AND THE ANAHEIM-ORANGE CITY LIMIT NEAR STATE COLLEGE BOULEVARD, On roll call the foregoing resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. NOES: COUNCILMEN: None. ABSENI: COUNCILMEN: None. The Mayor declared Resolution No. 64R-72 duly passed and adopted. WAGNER-RIO VISTA ANNEXATION: Request for consent to start proceedings for the annexation of certain territory to the City of Anaheim, was presented by the City Manager. Map of the area proposed in said annexation was submitted and reviewed by the City Council at the Council Table. Councilman Chandler moved said request be referred to the City Planning Commission for report and recommendation. Councilman Dutton seconded the motion. MOTION CARRIED. WALT DISNEY SCHOOL ANNEXATION: Orange County Board of Supervisors Resolution No. 64-33, establishing Wednesday, February 26, 1964, at the hour of 10:00 A.M. as the date and hour for hearing of protests relative to proposed Walt Disney School Annexation, was submitted for Council information. No action was taken by the City Council. REQUEST - WAIVER OF PARKING-LANDSCAPING REQUIREMENTS, 1300 SOUTH LOS ANG~;.ES STREET: Communication dated February 4, 1964, from Victor K. Hardin~ of Hardin Oldsmobile, requesting waiver of Parking-Landscaping Zone require- ments at 1300 South Los Angeles Street, was submitted together with land- scape plan~ marked "Exhibit No. 1". Landscape plan was reviewed by the City Council, and it was noted that the applicant intends to landscape parkways, including tree wells, and other planters will be placed along the north property line, in the auto- mobile display areas, and around the sign at the front property line. Councilman Krein moved that reclassification proceedings be initiated, and the City Planning Commission be instructed to hold public hearing to consider the removal of the P-L Zone in the area on the east side of Los Angeles Street, from Ball Road to Cerritos Avenue, and to establish a building setback line~ and that Hardin Oldsmobile be allowed to post a $300.00 cash bond for the installation of landscaping, pending completion of said zoning action. Councilman Schutte seconded the motion. MOTION CARRIED. ADJOURNMENT: Councilman Krein moved to adjourn to February 5, 1964, 10:00 A.M. £or the purpose of receiving bids and awarding sale of $6,600,000.00 Muni- cipal Improvement Bonds, Series A, 1964, and also moved'waiver of further notice of said adjournment. Councilman Chandler seconded the motion. MOTION CARRIED. ADJOURNED~9:21P.M. $IGNED;~ City Clerk