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1971/07/2071-420 City Hall, Anaheim, California- COUNCIL MINUTES- July 20, 1971, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson ABSENT: COUNCILMEN: Dutton PRESENT: CITY MANAGER: Keith A. Mnrdoch CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Daoust CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Pro Tem Stephenson called the meeting to order. INVOCATION: Reverend G. Paul Keller, of the First Presbyterian Church, gave the Invocation. FLAG SALUTE: Councilman Mark A. Stephenson led the Assembly in the Pledge of Allegiance to the Flag. MINUTES: Councilman Thom requested that the Minutes of the June 22, 1971, Regular Meeting be corrected by changing the word "retard" on the last line of Page 71-387 to the word "retire." On motion by Councilman Roth, seconded by Councilman Thom, Minutes of the Anaheim City Council meetings held June 22 and 29, and July 6, 1971, were approved, as corrected. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading hereby is given by all Councilmen, unless after read- ing of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands againSt the City, in the amount of $792,096.82, for the period ending July 6, 1971, and $4,076,306.94, for the period ending July 20, 1971, in accordance with the 1971-72 Budget, were approved. CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1074: Submitted by East Anaheim Methodist Church, to interpret the intent of the City Planning Com- mission's action in granting said conditional use permit for a private ele- mentary Christian Day School, kindergarten through sixth grades, in conjunc- tion with an existing church, including the maximum number of students per- mitted. R-A zoned property located north and west of the northwest corner of Romneya Drive and Acacia Street. The City Planning Commission, pursuant to Resolution No. PC71-89, reapproved said conditional use permit, subject to conditions; one being that there shall be a maximum of 80 students permitted in the proposed school and that at the end of two years if the Petitioner requests an increase, said consideration shall be made at an advertised public hearing to determine whether or not any adverse effects have been experienced and whether an ad- ditional number of students should be permitted. Appeal from action taken by the City Planning Con~nission was filed by Jerry Moore, an area resident, and public hearing scheduled June 29, 1971, at which time said hearing was continued to this date at the request of the Applicants Agent. The City Clerk reported that a letter of appeal of City Planning Commission action also had been received from Warren Schutz, Fred R. Diehl, and Norman Hahn, representatives of the Applicant. Zoning Supervisor Charles Roberts noted the location of subject property, which consists of approximately 2-1/3 acres, reviewed the history of the property, summarized the hearing and read the findings of the City Planning Corm~ission. He further noted that under the Uniform Building Code, which permits one person for every 20-square feet of classroom, there could 71-421 City Hall, Anaheim, California - COUNCIL MINUTES -. July 20, 1971, 1;30 P,M. be a maximum of 152 students in the existing facility, not counting the main auditorium of the church, although at the time the original conditional use permit was granted the Applicant indicated that there would be 12 mentally- retarded students and possibly 18 other students. In reply to Council questioning, Mr. Geisler advised that public schools are a governmental entity over which the City Council has no control; whereas, a private institution is governed by City zoning regulations, and thus is under the control of the City Council. Mr. Geisler further advised that the only issue to be considered by the City Council at this time is an interpretation of whether the conditional use permit, as granted in 1968, has any limitation, is unlimited and thus limited only by the Building Code, or limited to approximately 30 students. The City Clerk advised that 32 letters favoring the application, and 6 in opposition had been received since the time of the City Planing Commis- sion hearing. Mayor Pro Tem Stephenson asked if the Applicant or his Agent was present and wished to address the Council. Norman Hahn, 1230 South Euclid Street, Agent for the buyer and sel- ler of subject property, stated he had researched the original conditional use permit prior to continuing negotiations on the purchase, and had found no re- strictions on the number of students who would be allowed, and thus a retainer was placed on the property with no contingencies. He added that a search of the files on similar conditional use permits revealed none that would not al- low as many students as the square footage of facilities would permit. Mr. Hahn presented a folder, purportedly containing 23 letters and a petition with 80 signatures favoring the proposed school. He referred to displays posted on the Council Chamber wall showing routes that would be tra- veled in transporting children to and from the school, along with possible and existing traffic volume; square-foot floor space of existing facilities; and alleged tax savings to property owners as a result of their proposed op- eration. Mr. Hahn referenced a report of the Traffic Engineer, stating that both Romneya Drive and Acacia Street could easily handle an increased volume of traffic without any adverse effect, since Romneya Drive now is operating at between 40% and 50% of its capacity, and Acacia at 65% to 70% of its capa- city. He stated that an actual measurement of the 7 existing classrooms re- vealed enough square footage to allow 189 students, at 20-square feet per student; that the auditorium area of 2,400-square feet, and an additional room near the auditorium of 640-square feet would make a total of 6,830-square feet, not including the areas to be used for bathrooms, offices and kitchens. With regard to purported tax savings, since parochial schools are not dependent on taxes for support, Mr. Hahn stated tax savings in the amount of $2,787,163.00 could be saved over a 10-year period with the 341 students their proposed school could accommodate, since the cost to educate each child in the public schools of Anaheim in 1970 was $817.00. Mr. Hahn asked that the proposed school be allowed to grow to its maximum capacity to enable it to serve the entire community. In reply to Councilman Roth, Mr. Hahn advised a min{~m of 200 stu- dents are expected to register in their school this fall. Lee Dewoody, Tustin, secretary of the proposed school,in reply to Council questioning advised that 70 or 75% of those expected to register for the fall term will be from Anaheim, with 20% to 30% of those students from within walking distance of the school. She added that since they also offer extended care for their students, many will be dropped off before school time by their parents. Councilman Roth stated he had understood the sanctuary of the church would not be used for classrooms. Lisa Fiore, 6391 Cornet Circle, Yorba Linda, a student at the school, recited a statement that limiting the school to 80 students was unjust. 71-422 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1971, 1:30 P.M. Mrs. Schneider, 1471 East Romneya Drive, stated the school almost surrounds her property and she has no objection to it. Bert Toth, 1146 North Louise Drive, stated he lives across the street from the school and does not object to any noises created by the school activities, but he did object to motorcycles, etc. on the street at night. He referred to an article in "The Register" which reported that a $250,000,000.00 school had been approved by the State, with no funds to pay for it, and alleged that not allowing the subject school to operate as re- quested would mean citizens would have to pay higher taxes. Mr. Toth also stated he believed the Christian School would help eliminate "smu't," at least in that school. Mrs. Neldean Toth, 1146 North Louise Drive, advised she had no ob- jection to the noise from the school and added that the Christian School has greatly improved the looks of the property since they have been there. Mrs. Pamela Holsinger, 1239 North Maplewood Street, whose children attend the present summer session of the school, advised that her experience as a room mother at Edison Elementary School nearby had revealed vandalism and overcrowded situations, and an inability to handle advanced or problem students, and she felt these situations were not present in subject school. David Dewoody, 1266 North Placentia Avenue, Athletic Director of subject school, outlined the athletic program that was being offered and stated it was hoped the school would be large enough to enter' into athletic competition with other schools this fall. Scott Hall, 202 North Chantilly Street, a student at the school, stated he would like the school to grow to 250 students so they could have their own band and choir. Fred Diehl, 1616 South Euclid Street, Principal of the school, sta- ted only one employee of the school does not live in Anaheim at this time; that they have worked with children in Canada and Mexico and now believe Ana- heim offers the greatest potential for their operation. Richard R. Harris, 5917 East Arno Crescent Drive, Co-Chairman of the Board of Trustees of the United Methodist Church, advised that when it became necessary to sell the church on Romneya Drive in order to build a lar- ger church on State College Boulevard, a firm was hired to make a survey as to the best use of the property, and they suggested a convalescent hospital, which the church rejected, and R-1 development would not be sufficiently pro- fitable economically. Thus, the decision was made to sell for a continued use as a combination church and school. He also advised that a school for the deaf had been considered, however, it was felt such an establishment would not have the Christian emphasis necessary for the continuation of the basic use of the property. Warren Schutz offered to show slides of the property as it now ex- ists; however, since all Councilmen present had visited the property, it was deemed unnecessary. Mayor Pro Tem Stephenson asked if anyone wished to &ddress the Goun- cil in opposition. Jerry Moore, 1141 North Acacia Street, stated it was obvious the facilities now were being used strictly as a school, and not in conjunction with the church. He questioned the statement that tax dollars would be saved the taxpayers by the existence of such a school, since he believed otherwise. Mr. Moore stated that in 1968 the area residents were not opposed to the school for 12 mentally-retarded students, and would not be opposed today to a small, private school of 12 students, if the primary use of the property was as a church; it was felt the property now should be used for single-family resi- dential development. He further felt that the proposed school would create additional traffic where streets already are narrow and there is a problem during the peak hours; the traffic would be further increased by construction 71-429 City Hall, Anaheim, California - COUNCIL M~NUTES - July 20, 1971, 1:30 P.M. of the proposed apartment complex on State College Boulevard and Romneya Drive. Mr. Moore objected to the 6:30 A.M. arrival of students at the pro- posed school, five days a week, whereas the original mentally-retarded school operated four days a week, from 10:00 A.M. to 3:30 P.M. He contended that Warren Schutz, of the East Anaheim Methodist Church, had misled the City Plan- ning Commission, which resulted in the decision to allow 80 students at the school. Mrs. Velma Smith, 1203 North Boden Drive, stated she believed the wishes of the homeowners within a 300-foot radius of subject facility should be most important; that because they did not object to a church having 12 mentally-retarded students, they should not have to accept this large school which would be a business venture operated as a tax-exempt organization, and thus, would not give any tax relief. Mrs. Smith said the formerly mentally- retarded children were quiet; whereas, more noise already has been created by the proposed school and bigger problems will result as it grows. She asked that the property continue to be used as a church. Joseph L. Hancock, 1145 North Liberty Lane, advised he felt the traffic problems on Romneya Drive are more serious than the Traffic Engineer's report indicated; also, rainwater collects on Romneya Drive and creates a dangerous situation for children going to and from school. He stated that he is convinced allowing spot zoning and non-conforming uses in residential areas is the greatest cause of slums and ghettos, and since there is no short- age of corm~ercial property in Anaheim and there is a shortage of good residen- tial property, neither a business, cormnercial or professional activity should be allowed on subject property; if this proposed school were to operate t~ its present capacity there could be 341 students crowded into an area equivalent to 5 R-1 homes. Mrs. Lucy Hernandez, 1146 Boden Drive, alleged traffic already is so heavy on Romneya Drive and Acacia Street between 3:00 and 4:00 P.M., that it takes 10 minutes for her to get out of her driveway. She presented photos showing traffic congestion during peak hours. Mrs. Hernandez expressed objec- tion to the noise of the twice-a-week early morning trash pick-up, outside lights burning all night, and the school operating from 6:00 A.M. to 6:00 P.M. She alleged Mr. Schneider, whose wife had spoken in favor of the school, was employed at the school. James E. Starr, 1462 Kenwood Avenue, whose property is adjacent to the rear of subject property, contended his windows must be kept closed because of the dust created by cars dropping children off for school and picking them up; also, that his privacy is being invaded, since som~ chil- dren had been sitting on the fence observing activity in his yard. He fur- ther stated that a realtor had estimated his property value would depreciate as much as $1,500.00 if the school went into full operation. Mayor Pro Tem Stephenson invited short rebuttals.. Warren Schutz, representing the Applicant, advised that Mr. and Mrs. Diehl are purchasing subject property, not the School, and thus the taxes would be more than paid by the Methodist Church; that contrary to a previous statement he had not misled the City Planning Commission, but had quoted the City Attorney as to what would be considered a "reasonable" num- ber of students. Further, there were 300 to 400 in the Methodist Church congregation, and services and other activities were held in the evening and there was no objection either to the traffic or from neighbors, because of noise. In his opinion, there is nothing wrong in using a sanctuary for educational purposes, and he emphasized that the activity would be a church and church-related school. Jerry Moore stated that there were six cars at the church the preced- ing Sunday; that having church one day a week and school five to six days a week made the primary use a school. In reply to Council questioning, Mr. Diehl advised that he has been conducting Sunday and Thursday evening church services. That parents drop children off early in the morning on their way to work and only two children arrive at 6:00 A.M.; these children are cared for without charge. Further, although there are only 4 teachers at this time, additional ones will be hired 71-424 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1971, 1:30 P.M. as needed, since they expect to have about 30 students in each classroom; all of the present teachers do not have California credentials. He added there is sufficient off-street parking to accommodate the teaching staff as there is parking space for over 120 cars. In reply to Council expression as to noise created by children be- ing dropped off early in the morning and cars driving through the yard at that time, Mr. Diehl agreed that children could be dropped off at the corner of Romneya Drive and Acacia Street, thus eliminating that problem. In reply to the City Attorney, Mr. Diehl advised: that there is a regular interdenominational congregation in connection with the church on the property; although the property now is owned by him and his wife, when the church reaches a status where it desires to purchase the property they will be glad to work with them; the church and school are being set up on a non- profit basis; the church will pay for the use of the property; the Board of Directors is listed on the organizational application. Mr. Geisler advised that if the proposed activity is a school opera- ted by Mr. Diehl, as an individual, it would not qualify under the existing conditional use permit and a new conditional use permit for a school operated by a Christian minister must be applied for. He added he did not believe Mr. Diehl qualified as a church, and transfer would have to be to a church corpora- tion, as he could not operate this school as a private enterprise function. Mr. Geisler further stated that the present hearing, however, is to determine the number of students that can, in fact, be permitted in the operation of a church-school on subject property. Mr. Diehl advised that they do not intend to operate as a private enterprise, and are in the process of incorporation as a non-profit organiza- tion. In reply to Council questioning, Mr. Schutz advised that the Articles of Incorporation for the church are in Sacramento, and the members of the Board of Directors of the corporation as listed on the application are Reverend Diehl, Mrs. Diehl, and the two Dewoody sisters. It was determined sufficient evidence had been presented, and Mayor Pro Tem Stephenson declared the hearing closed. Councilman Roth asked if there were any special requirements that must be met before a chapel can be used for school purposes. Mr. Geisler advised that at the time of the original application, there were two requests - one for approximately 12 retarded children, and one for approximately 18 students that would be cared for basically by con- gregation members as a'part-time school, the indication being only those fa- cilities not used as a church would be used for classrooms. Because of this, there were no conditions imposed and, thus the Building Code would be the ~ only thing that would govern what facilities were used, unless the Council .wished to set down smecial con4itions. He added that the Building Code al- lows ~p~=~=~~e~e~ floor space to assemble in a room, and that would include teachers and others as well as students. RESOLUTION NO. 71R-323: Councilman Roth of£ered Resolution No. 71R-323 for adoption, interpreting Conditional Use Permit No. 1074 to permit total student enrollment in accordance with the Uniform Building Code~ activities to be COn- ducted in accordance with all applicable l aws~ and subject to the conditions recommended by the Interdepartmental Committee. The Council expressed concern over the wall requirements and the hours the activity is operated. Councilman Thom stated he would prefer to limit the hours of operation to those applicable to other schools in the area. Mr. Diehl stated that one of the reasons people send their children to a Christian school is for the convenience of having them cared for before and after school hours, while they work. He reiterated there is no charge for bringing children in early. 71-425' City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1971, 1:30 P.M. Miss Dewoody advised that most of the summer session children are there because of working parents, and if they could not have extended day care they may as well not have the school. She stipulated that no children would be outside the buildings before 8:00 A.M. The Council requested that Condition No. 6 of the Interdepartmental Committee recormnendations be amended to require completion of the masonry walls within 90 days from the date hereof, and the following condition be added to those suggested by the Interdepartmental Committee: "Any students arriving on the premises prior to 8:00 A.M. shall be confined within the buildings." In reply to Mr. Roberts, as to extended day care activities before and after school, Mr. Geisler advised that the application is for church- operated school purposes only, with no provisions included for any extended, live-in care or for taking care of people, except for the "before hours" stu- dents, as stipulated. After school hours, the extended care could be for a reasonable period of time, if there are teachers in attendance; if teachers are no longer present,it would be considered a different type of activity. Councilman Stephenson was of the opinion 6:00 P.M. was a reasonable time for after school extended care. INTERDEPARTMENTAL COMMITTEE RECOMMENDATIONS AS AMENDED BY COUNCIL ACTION: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 32 feet in width from the centerline of the street along Romneya Drive and Acacia Street for street widening purposes. 2. That street lighting facilities along Acacia Street shall be in- stalled as required by the Director of Public Utilities, and in accordance with standard plans and specifications on file in the office of the Director of Pub- lic Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirement. 3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Romneya Drive and Acacia Street for tree planting purposes. 4. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 5. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department. 6. That a 6-foot masonry wall shall be constructed along the north and west property lines within 90 days from date hereof. 7. That the existing structure shall be brought up to the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. 8. That Condition Nos. 1, 2, and 3, above mentioned, shall be com- plied with prior to commencement of the activity authorized under this resolu- tion. 9. That Condition Nos. 4, 5, and 7, above mentioned, shall be com- plied with within 180 days or such further time as the City Council shall grant. 10. Any students arriving on the premises prior to 8:00 A.M. shall be confined within the buildings. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AFFIRMING CONDITIONAL USE PERMIT NO. 1074 AND INTERPRETING THE TERMS THEREOF. Roll Call Vote: AYES: COUNCILMEN: Roth, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dut ton The Mayor Pro Tem declared Resolution No. 71R-323 duly passed and adopted. RECESS: Councilman Pebley moved for a 5-minute Recess. Councilman Roth seconded the motion. MOTION CARRIED. (3:35 P.M.). AFTER RECESS; Mayor Pro Tem Stephenson called the meeting to order, all Councilmen being present, with the exception of Councilman Dutton. (3:40 P.M.). City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1971, 1:30 P.M. PUBLIC HEARING - RECLASSiFiCATiON NO. 70-71-57: Submitted by Alan R. Talt, et al, requesting a change of zone from County of Orange R3(1200) to City of Ana- heim R-3 on property located on the south side of Ball Road, approximately 330 feet west of Sunkist Street and extending southerly to Winston Road. The City Planning Commission, pursuant to Resolution No. PC71-117, recommended said reclassification be approved in part, granting the reclas- sification for the northerly 660 feet only (that portio~ morth of Omega Ave- nue extended) Subject to the following conditions: 1. That the owners of subject property shall deed to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along Ball Road for street widening purposes; and shall deed 50 feet in total width for Omega Avenue in accordance with adopted Area Development Plan No. 94, Alternate 2. 2. That all engineering requirements of the City of Anaheim along Ball Road and Omega Avenue, including preparation of improvement plans and installation of all improvements, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with stand- ard plans and specifications on file in the office of the City Engineer; that street lighting facilities along Ball Road and Omega Avenue shall be instal- led as required by the Director of Public Utilities and in accordance with standard plans and specifications on file in the office of the Director of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements. 3. That the owners of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Ball Road and Omega Avenue for tree planting purposes. 4. That the vehicular and pedestrian access rights to Omega Ave- nue from parcels south of Omega Avenue'shall be dedicated to the City of Ana- heim. 5. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director. of Public Works. 6. That fire hydrants shall be installed as required and deter- mined to be necessary by the Chief of the Fire Department. 7. That a six-foot masonry wall shall be constructed along the south property line of the street boundary, as shown on Area Development Plan No. 94, Alternate B; that reasonable landscaping with 15-gallon trees, including irrigation facilities, shall be installed the full distance of said wall, plans for said landscaping to be submitted to and approved by the Superintendent of Parkway Maintenance; and that the owners of subject property shall enter into an agreement with the City to perpetually main- tain the above-mentioned landscaped median, the agreement to be a covenant to run with the land. 8. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 9. That subject property shall be served by underground utilities. 10. That the owners of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the build- ing permit is issued. 11. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 12. Prior to the introductiom~ of an ordinance rezoning subject property, Condition Nos. 1, 2, 3, and 4, above mentioned, shall be completed. The provisions or rights granted by this resolut£on shall become null and void by action of the City Council unless said conditions are complied with within 180 days from the date hereof or such further time as the City Council may grant. 13. That Condition Nos. 5, 6, 7, 8, 9, and 11, above mentioned, shall be complied with prior to final building and zoning inspections. The City Clerk submitted correspondence received this date from Ted Bowsfield, of the California Angels, recommending the application be approved. 71-427 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1971~ 1:30 P.M. Zoning Supervisor Charles Roberts noted the location of said 20 acres, existing uses and zoning in the immediate area, and advised that the Applicant had submitted schematic plans indicating possible R-3 development with 7,200- square foot lots, and also indicating accesses through industrial areas, which situation is not consistent with past policies and practices of the City Coun- cil. Mr. Roberts advised that the Anaheim General Plan indicates R-3 develop- ment would be appropriate for that portion of the property north of Omega Ave- nue, and that portion south of Omega Avenue as industrial use, and that Area Development Plans show Omega Avenue being developed through to proposed Sun- kist Street. He added that at this time said property is in the County and the Applicant is requesting a pre-zoning. Mr. Roberts advised that several months ago a representative of the Development Services Department appeared before the Orange County Planning Commission and Board of Supervisors to express City Council opposition to the rezoning of subject property south of Omega Avenue to multiple-family zoning; the County, however, approved the application, but now the property owners feels it would be more advantageous to annex the property to the City of Anaheim prior to development. Mayor Pro Tem Stephenson asked if the Applicant was present and wished to address the Council. Alan R. Talt, 1375 St. Albans Road, San Marino, advised this appli- cation has been made on behalf of him and his wife and two neighbors, Mrs. Myers and Mrs. Simpson, who also own some of the property in question; that the property has been sold to Covington Brothers and the sale is not subject to zoning; that it was felt Anaheim was suited to provide services to that area, based on the justification in the proposal filed with LAFC by Anaheim, March 10, 1968, in connection with annexation of some of his other property west of subject property. He added that at that time the Anaheim represen- tative had stated that as an alternate to annexation, in order to provide the needed services, a County service area could be formed, but this would be more expensive than annexation and would place the County in the position of supplying urban services which actually should come from the incorporated area. Mr. Talt stated that the property to the south has been green-belted since 1968 and is, therefore, committed to long-term agricultural use, not industrial use. He advised that, prior to initiating said proceedings, he had consulted five of the six industries who allegedly had opposed the zoning of his property to the west at the time of application; two indicated they never had been opposed and were not now, and Southern Pacific Company, on June 22, 1970, by letter, stated no opposition to R-3 zoning between Ball Road and Winston Road. Mr. Talt referred to Area Development Plan No. 94 and the Anaheim General Plan, in an attempt to show that Omega Avenue could not be developed west of his existing apartment complex because apartments already have been built over it, and thus it would be unacceptable to have industrial use south of where Omega Avenue formerly was projected to be. Mr. Talt referred to a Parks proposal in the General Plan, where it was proposed that 8 acres of land south of Ball Road be purchased to serve the area bounded by Wagner Avenue, Orange Freeway, State College Boulevard, and the multiple-family residential area. He contended that the only apparent way to implement this would be to purchase the two parcels between the proposed de- velopment and the McKesson-Robbins facility, consisting of a total of 10 acres, half of which is owned by Mr. Talt; or it would have to be property in the green-belted area south of Winston Road. He offered to lease to Anaheim his property on Winston Road, west of subject property, and east of McKesson-Robbins facility for a period of seven years, commencing July 1, 1972, for $1.00 per year, plus any taxes Anaheim might pay for park and recreation purposes; and to also offer an option to purchase this property for park and recreation purposes at the conclusion of the seven years. 71-428,~.'. City Hall, Anaheim~ California - COUNCIL MINUTES - July 20, 1971, 1:30 P.M. He further advised that Covington Brothers has stated there need be no openings onto Winston Road from their proposed development; that the property has frontage on Sunkist Street. Mr. Talt again referred to the Anaheim General Plan and its pro- posal of 425 acres of Commercial-Recreation area, commencing 3/5ths of a mile from subject property. He added that unless adequate housing is provided for those people expected to work in Anaheim, it will result in congestion of Ana- heim's streets and air, and the workers will live and shop tn some other city. Mr. Talt advised that in discussion with M~Kesson-Robbins represen- tatives they had stated they were not now bothered by the existing apartment complex and had no objection to the proposed one. He added that McKesson- Robbins facility consists almost entirely of office space and storage space; that the Pacific Scientific building on State College Boulevard and Winston Road had no manufacturing facility on Winston Road but was entirely offices. He questioned the indications made by Pacific Scientific Company and Neville Chemical Company that the City had promised subject property would be devel- oped in the same manner as theirs, as there were houses south of Ball Road and north of Winston Road before those two companies were situated there; also, that Pacific Scientific Company obtained its building approval and variance from Orange County, not Anaheim, and thus it would have been the County of Orange and not Anaheim who promised such development of the adjoining property. Mr. Talt presented to each Councilman copies of the Pacific Scien- tific Aeroproducts application for County Use Variance dated August 31, 1956, and plot plan, and advised in examining said plot plan, it appears that Paci- fic Scientific, as a guarantee to the property owners north of Winston, was to provide a buffer consisting of swimming pools and other facilities, to separate whatever manufacturing they are doing from the homes. H~ interpretation of the Neville Chemical Company application for Variance (No. 701) in 1957, was that the City Council guaranteed that devel- opment of Neville Chemical Company was not going to interfere with his use of his property, whic~h at that time, was partly residential. Mr. Talt stated that he has unsuccessfully tried to find an indus- trial user for his property behind his present apartment house. He referred to the Doxson Report in the July 7, 1971 issue of '!Southern California Busi- ness,'' in which it was stated that it is futile to continue to set aside huge tracts of M-zoned property for development that will not take place for the foreseeable future. Mr. Talt concluded by stating that, in his opinion, subject property is probably the finest apartment house site remaining in Anaheim. Horace Camp, 1234 East Lincoln Avenue, advised that he had been re- quested by Mr. Talt to make a survey of the present conditions of industrial property in the City of Anaheim today and, within a three-hour period of time, had found 1,471,000-square feet of industrial land that had buildings which were vacant and for lease, and that the majority of property in this situa- tion was within 1-1/5th miles of subject property. Referring to the Anaheim General Plan, Mr. Camp noted that since that Plan was amended in 1969, approximately 18,000 Autonetics employees are no longer employed there; that there have been significant changes in the eco- nomic picture, and it was his opinion that industrial land no longer would be consumed at the rate anticipated when the General Plan first was adopted. Mr. Camp expressed the belief that subject application would not injure the industrial base of Anaheim; that he did not think it was economi- cally feasible to let industrial land remain vacant. Cal Queyrel, representing the developer, advised that if the appli- cation is approved the plan is to build 70 fourplex apartments, to sell at from $70,000.00 to $72,000.00 each; that the density of their proposed project would be approximately 14 units per acre, whereas present County zoning would allow a density of 30 units per acre. Mayor Pro Tem Stephenson asked if anyone wished to address the Coun- cil in opposition. Merrill Skilling, Northrup Corporation, advised that at the time Northrup Corporation was considering a site for expansion of their operations, 71-4'29 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1971, 1:~ P.M. they chose the southeast industrial area of Anaheim because their operations were noisy, and in this location it would not disturb any residents; however, in 1968 the industrial zone which, at that time, extended from Ball Road to Orangewood Avenue, became violated and residential zoning was allowed to the equivalent of Omega Avenue. He added that, at that time, although they were a little concerned about the proposed residential development they did not oppose it; that if, in 1966 they had known there may be a possibility of residential encroachments, they would have selected a different site. He urged subject application be denied. Robert Ulrich, 730 North West Street, Manager of Neville Chemical Company, requested that the application be denied as, in his opinion, pre- vious actions had indicated that the industrial area would be protected south of Ball Road. Referring to the action by the Orange County Board of Supervisors in granting R-3-1,200 Zoning for subject property, Mr. Ulrich contended there were two Supervisors going out of office at that time who did not care what happened in the area. He also referred to an article in the Los Angeles Times that stated at present there is an almost 10% vacancy situation in apartments. Councilman Pebley noted that since the County has approved this proposed development, it could be developed in the County and Anaheim would not receive the required park and recreation fees or building'permit fees on the development. Mr. Ulrich responded that he felt a promise had been made to retain industrial use in the area, and he believed the reason the applicants had not yet developed under the County zoning was because they could not obtain the necessary utility services. Robert Kottman, representing Pacific Scientific Company, advised that they have been in their present location since 1957, and have 10 acres of land, half of which has been developed; they provide an average of 200 jobs and have an investment there of $3,000,000.00. He advised that his company always has opposed residential develop- ment south of Omega Avenue in this area, and referred to an earlier ERA Re- port to the County that stated this area is one of the top three industrial locations in Orange County. That perhaps no specific con~aitment was made to industry, but the General Plan of Anaheim should be a document that can be depended upon, and he referred to the approximately 25 acres in the area that have been developed in industry since 1968. He noted that in approving the adjacent R-3 development, the Council required a buffer barrier to insure that the intent of the General Plan was still met. In his opinion,'industrial noises would be offensive to any resi- dential development south of Omega Avenue. Mr. Kottm~n felt that with the development of the Orange Freeway, the value of this area for industrial use would improve. He requested the decision of the City Planning Commission be upheld, which would enable the Applicant to develop half of the property in the City for i~m~ediate gain. Mayor Pro Tem Stephenson invited the Applicant to again address the Council. Mr. Talt advised that subject property is 1,700 to 2,000 feet from the Pacific Scientific Company and, thus their noises should not disturb his proposed development's residents. Further, that he has 176 apartment units in Anaheim and there presently is a very low vacancy factor of 6.9%; that in June they had to turn down a request by a company to lease five 2-bedroom apartments at the Ball Road site. In reply to Councilman Roth, Mr. Talt advised that although escrow has not closed on the sale of their property to Covington Brothers, the sale is not contingent on any zoning being approved, although Covington Brothers must take all of the property and not just a portion. Mayor Pro Tem Stephenson asked if anyone else wished to address the Council; there being no response, declared the hearing closed. City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1971, 1:30 P.M. The City Manager, in reply to Council questioning, advised that the developers have discussed with the City of Anaheim servicing of this property with needed utilities. He added that the City presently is in a position to serve subject area, and that neither the developer nor the City of Anaheim feels that possible alternatives to this are as satisfactory. Following Council discussion, it was determined most appropriate that Omega Avenue be retained as the dividing line between industrial and residential use, although Councilman Thom expressed the opinion he felt the dividing line should have been Winston Road. Councilman Pebley stated that, in his opinion, if the developer should decide to go ahead and develop under the County approval without an- nexing to the City of Anaheim, additional consideration should be given, since he would not like to see an apartment complex develop there under County standards. RESOLUTION NO, 71R-324: Councilman Stephenson offered Resolution No. 71R- 324 for adoption, authorizing preparation of necessary ordinance changing the zone on the northerly 660 feet only as reco~m~ended by the City Planning Cor~nission, subject to those conditions listed, and further subject to com- pletion of annexation of sUbject property to the City of Anaheim. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (70-71-57 - R-3) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Resolution No. 71R-324 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 70-71-58 AND VARIANCE NO. 2267: Submitted by Earl F. Callan, requesting a change of zone from R-A to C-I, to establish a travel trailer sales and service facility, together with display of auto- motive towing equipment, and further utilizing a mobile home as an office on property located at the northwest corner of Midway Drive and Anaheim Boulevard, with waivers of: a. Permitted uses (sales and service lot). b. Permitted uses (mobile home as office). c. Code requirement that uses be conducted within a building. The City Planning Commission, pursuant to Resolution No. PC71-118, recommended said reclassification be approved, subject to the following con- ditions: 1. That the owners of subject property shall deed to the City of Amaheim a strip of land 53 feet in width from the centerline of the street along Anaheim Boulevard, and 32 feet in width from the centerltne of Midway Drive for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Midway Drive, including preparation of improvement plans a/Id installation of all improvements, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities~ or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; that street light- ing facilities along Midway Drive and Anaheim Boulevard shall be installed as required by the Director of Public Utilities and in accordance with stand- ard plans and specifications on file in the office of the Director of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements. 3. That the sidewalks and driveways shall be iRstalled along Ana- heim Boulevard as required by the City Engineer and in accordance with stand- ard plans and specifications on file in the office of the City Engineer. ..City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1971, 1:30 P.M. 4. That the owners of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Midway Drive and Anaheim Boule- vard for tree planting purposes. 5. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 6. That dense landscaping shall be provided along the west pro- perty line adjacent to the existing chain link fence to adequately shield the commercial use from the existing school; plans for said landscaping shall be submitted to the Development Services Department for approval. 7. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 8. That subject property shall be served by underground utilities. 9. That existing driveways shall be modified or eliminated to con- form with existing City of Anaheim driveway standards. 10. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, and 4, above mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within 180 days from the date hereof or such further time as the City Coun- cil may grant. 11. That Condition Nos. 3, 5, 6, 7, 8, and 9, above mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC71-119, recommended said variance be approved, subject to the following conditions: 1. That this variance is granted subject to the completion of Re- classification No. 70-71-58. 2. That a 6-foot wide planter strip, with concrete curbing around it, shall be provided adjacent to Anaheim Boulevard and Midway Drive, except at driveway openings, and that landscaping approximately one-foot in height shall be planted and maintained in said planter. Furthermore, a minimum of 2% of the interior of the display lot shall be landscaped; plans for said landscaping shall~ be submitted to the Development Services Department for approval. 3. That dense landscaping shall be provided along the west pro- perty line adjacent to the existing chain link fence to adequately shielM the cormnercial use from the existing school; plans for said landscaping shall be submitted to the Development Services Department for approval. 4. That the use of a mobile home as an office shall be granted for a period of one year. 5. That the outdoor sales and service activity shall be granted for a period of one year, to allow time to determine whether said use would be detrimental to the area, after which time, if the petitioner requests an additional period of time, it may be granted. 6. That a maximum of two sewer hookups for testing purposes only shall be permitted, provided however, that these sewer hookups shall be of 'such size that no residential use of the facilities would be possible. 7. That Condition Nos. 2 and 3, above mentioned, shall be complied with prior to the con~nencement of the activity authorized under this resolu- tion, or within a period of 180 days, whichever occurs first, or such further time as the Planning Commission or City Council may grant. 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. 1, and the conditions outlined above. Zoning Supervisor Charles Roberts noted the location of subject property, and advised that the Petitioner had requested clar~£ication o£ Conditions Nos. 4 and 5 in Variance No. 2267, and pursuant to City Planning Commission Resolution No. PC71-142, Conditions Nos. 4 and 5 were amended as follows: 4. That the use of a mobile home as an office shall be granted for a period of one year; said facility shall be permitted to have sanitary facilities for use of the office personnel and prospective customers and shall be only of a temporary nature. 71-432 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1971, 1:30 P.M. 5. That the outdoor service activity shall be granted for a period of one year to allow time to determine whether said use would be detrimental to the area, after which time if the petitioner requests an additional period of time it may be granted. Mayor Pro Tem Stephenson asked if the Applicant was present and concurred with the City Planning Commission recommendations as amended, to which he received an affirmative reply. Mayor Pro Tem Stephenson asked if anyone wished to address the Coun- cil in opposition; there being no response, declared the hearing closed. City Engineer James P. Maddox recommended that if subject reclassi- fication is approved, Condition No. 1, of City Planning Commission Resolution No. PC71-118 be amended as follows: 1. That the owners of subject property shall deed to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along Anaheim Boulevard, and 32 feet in width from the centerline of Midway Drive and curb return radius at the intersection of the two property lines, for street widening purposes. RESOLUTION NO. 71R-325: Councilman Pebley offered Resolution No. 71R-325 for adoption, authorizing the preparation of necessary Ordinance changing the zone as requested, subject to the conditions recommended by the City Planning Commission, amending Condition No. 1, as recommended by the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (70-71-58 - C-i) Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None ~tton The Mayor Pro Tem declared Resolution No. 71R-325 duly passed and adopted. RESOLUTION NO. 71R-326: Councilman Pebley offered Resolution No. 71R-326 for adoption, granting Variance No. 2267, subject to the recommendations of the City Planning Commission, including their amendments to Conditions Nos. 4 and 5. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2267. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephens0n None Dutton The Mayor Pro Tem declared Resolution No. 71R-326 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1237: Submitted by Union Oil Company, to establish an ambulance service in an existing residence with parking in the required front landscaped area on C-1 zoned property located on the west side of Euclid Street, north of Orange Avenue~ with waiver of: a. Limited commercial use of a residential structure. 71-~33 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1971, 1:30 P.M. The City Planning Cormmission, pursuant to Resolution No. PC71-110, denied said conditional use permit. Appeal from action taken by the City Planning Commission was filed by Sherman Ninburg, Southland Ambulance Service, and public hearing scheduled this date. Mayor Pro Tem Stephenson invited Mr. Ninburg to address the Coun- cil. Mr. Ninburg advised that notice has been received from the Union Oil Company that they now plan to demolish the building in which their am- bulance service is located at this time, and had given his firm 30 days no- tice to vacate the premises. He therefore requested that the application for Conditional Use Permit No. 1237 be withdrawn. Mayor Pro Tem Stephenson asked if anyone else wished to address the Council; there being no response, declared the hearing closed. On motion by Councilman Roth, seconded by Councilman Stephenson, permission to withdraw application on Conditional Use Permit No. 1237 was granted, and Southland Ambulance Service was given 30 days to cease opera- tion at this location and vacate the premises. MOTION CARRIED. CONTINUED DECISION - RECLASSIFICATIO~ NO. 70-71-49: Submitted by Geraldine E. Roth, et al, requesting a change of zone from County of Orange Al, to City of Anaheim R-2-5,000 on property located between the Riverside Freeway and Santa Ama Canyon Road, east of Imperial Highway. Public hearing was held June 8, 1971, hearing closed and decision continued to this date to allow consideration of adjacent property applica- tions at the same time. The City Clerk reported a verbal request by the property holders had been received in the City Manager's office to continue decision on this application until such time as a full Council is present. On motion by Councilman Roth, seconded by Councilman Pebley, de- cision on Reclassification No. 70-71-49 was continued to August 31, 1971, 1:30 P.M. MOTION CARRIED. CONTINUED REQUEST - TENTATIVE TRACT NO. 7370: Submitted by C.J. Queyrel, Anacal Engineering Company, requesting amendment of Condition No. 1 of Tentative Tract No. 7370, located between McKinnon Drive and the Santa Ana River, east of Lakeview Avenue. Said Tentative Tract was continued to this date from the meeting of June 29, 1971, to allow for further discussion between the City Engineer and the Tract Engineer. The City Clerk reported a zeqmest .had Been received from the Ap- plicant to continue T~ntative ~rmct No. 7370 f6~ two weeks. On motion by Councilman Pebley, seconded by Councilman Thom, Ten- tative Tract No. 7370 was continued to August 3, 1971, 1:30 P.M., as reques- ted by the Applicant. MOTION CARRIED. APPEAL - MASSAGE ESTABLISHMENT: Submitted by James S. Okazaki, on behalf of Kiwako Reeves, appealing the denial of an application for a permit to op- erate a Massage (Sauna) Establishment at 3414 West Ball Road. The City Clerk reported information had been received from the License Department during this meeting that the Applicant would like to remove his request from the Agenda. On motion by Councilman Stephenson, seconded by Councilman Thom, the City Clerk was authorized to remove subject appeal from the City Council Agenda, as requested by the Applicant. MOTION CARRIED. 71-434 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1971~ 1:30 P.M. DINNER DANCING PLACE PERMIT- Application filed by Mrs. Margaret R. Wurm, for din- ner dancing place permit to allow dancing nightly, from 9:00 P.M. to 2:00 A.M., at the Earlybird Restaurant, 1740 West La Palma Avenue, was submitted and granted,subject to provisions of Chapter 4.16 of the Anaheim Municipal Code, as recorm~ended by the Chief of Police, on motion by Councilman Stephenson, seconded by Councilman Pebley. MOTION CARRIED. ~NTERTAINMENT PERMIT: Application filed by Karel L. Hudson, for entertainment per- mit to allow go-go dancers Monday through Saturday, from 11:00 A.M. to 2:00 A.M., at The Pitcher House, 2880 East Miraloma Avenue, was submitted and gran- ted for a period of one year, subject to the provisions of Chapter 4.18 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Stephenson, seconded by Councilman Roth. MOTION CARRIED. PUBLIC DANCE PERMIT: Application filed by Mrs. Frances B. Gonzales, on behalf of Sociedad Progresista Mexicana #24, for permit to conduct public dance July 25, 1971, from 4:00 P.M. to 8:00 P.M., at Carpenters Hall, 608 West Vermont Avenue, was submitted and granted, subject to provisions of Chapter 4.16 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Pebley, seconded by Councilman Thom. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS- Actions taken by the City Planning Commission at their meeting held June 28, 1971, pertaining to the following applications, were submitted for City Council information and consideration: CONDITIONAL USE PERMIT NO. 1240: Submitted by Donavan E. Rodman, to estab- lish a nursery school in an existing single-family residence on R-A zoned property located on the south side of Orange Avenue, west of Western Avenue; with waiver of: a. Minimum required side yard. The City Planning Commission, pursuant to Resolution No. PC71-121, granted said conditional use permit, subject to conditions. CONDITIONAL USE PERMIT NO. 1245: Submitted by Dennis W. Aase, to establish an automobile dismantling business for rebuilding and warehousing automobile parts in an existing building, with incidental retail sales on M-1 zoned pro- perty located on the north side of Adele Street, east of Pauline Street. The City Planning Commission, pursuant to Resolution No. PC71-125, granted said conditional use permit, subject to conditions. CDNDITIONAL USE PERMIT NO. 1246- Submitted by East Anaheim Christian Church, to establish a nursery school in conjunction with an existing church on R-A zoned property located on the south side of South Street, east of State Col- lege Boulevard; and further described as 2216 East South Street. The City Planning Commission, pursuant to Resolution No. PC71-126, granted said conditional use permit for a maximum of 24 students, subject to conditions. VARIANCE NO. 2270: Submitted by Westgate-California Insurance Company, pro- posing to rebuild and structurally alter an existing, non-conforming, free- standing sign on R-A zoned property located south of the east-west portion of Manchester Avenue; and further described as 1477 South Manchester Avenue, with waivers of: a. Maximum number of free-standing signs. b. Minimum height of a free-standing sign. c. Permitted location of a free-standing sign. The City Planning Commission, pursuant to Resolution No. PC71-127, granted said variance, subject to conditions. RECLASSIFICATION NO. 70-71-48: Submitted by A.D. and M.A. Strand, requesting a change of zone from R-A to R-3 for property located on the north side of Cerritos Avenue, west of Knott Street. 71-435 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 20~ 1971, 1:30 P.M. The City Planning Commission, by Motion, terminated all proceed- ings on said reclassification, as requested by the Petitioner. The foregoing actions were reviewed by the City Council, and no further action taken. TENTATIVE TRACT NO. 7416 (RECLASSIFICATION NO. 70-71-55 AND VARIANCE NO. 2268): The City Planning Commission, at their meeting held July 12, 1971, recommen- ded approval of said tract in conjunction with their approval of Reclassifi- cation No. 70-71-55 and Variance No. 2268, subject to conditions. On motion by Councilman Pebley, seconded by Councilman Thom, action on Tentative Tract No. 7416 was continued to be considered in conjunction with Reclassification No. 70-71-55 and Variance No. 2 268. MOTION CARRIED. PUBLIC IMPROVEMENT PROJECTS - AWARD OF CONTRACTS: Councilman Thom offered Reso- lution Nos. 71R-327 through 71R-329, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 71R-327 - WORK ORDER NO. 623-B: 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 TRANSPORTA- TION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE BALL ROAD STREET IMPROVEMENT FROM STATE COLLEGE BOULEVARD TO WEST STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 623-B. (R.J. Noble Company - $304,053.14) RESOLUTION NO. 71R-328 - WORK ORDER NO. 625-A: 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 TRANSPORTA- TION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: 'THE SUNKIST STREET - STREET IMPROVEMENT FROM APPROXIMATELY 365 FEET SOUTH OF BETHEL DRIVE TO 154 FEET NORTH OF OSHKOSH STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 625-A. (R.J. Noble Company - $17,270.13) RESOLUTION NO. 71R-329 - WORK ORDER NO. 626-A: 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 TRANSPORTA~' TION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: TRAFFIC SIGNAL MODIFICATION AT THE INTERSECTION OF LA PALMA AVENUE AND IMPERIAL HIGH-WAY, IN THE CITY OF ANAHEIM, WORK ORDER NO. 626-A. (Smith Electric Company - $8,445.00) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Resolutions Nos. 71R-327 to 71R-329, both inclusive, duly passed and adopted. RESOLUTION NO. 71R-330 - WORK ORDER NO. 1501: Councilman Pebley offered Resolu- tion No. 71R-330 for adoption. Refer to Resolution Book. 71-43'6 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1971, 1:30 P.M A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: ANAHEIM HILLS GOLF COURSE ~ GRADING, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1501. 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 - August 12, 1971, 2:00 P.M.) Roll Call Vote: AYES: COUNCILMEN: Roth, Pebley and Stephenson NOES: COUNCILMEN: Thom ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Resolution No. 71R-330 duly passed and adopted. RESOLUTION NO. 71R-331 - WORK ORDER NO. 628-A: Councilman Pebley offered Resolu- tion No. 71R-331 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE KATELLA AVENUE AT WEST STREET NE CORNER STREET IMPROVEMENT IN THE CITY OF ANAHEIM, WORK ORDER NO. 628-A. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFI- CATIONS 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 - August 12, 1971, 2:00 P.M.) Roll Call Vote: AYES: COUNCILMEN: Roth, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Resolution No. 71R-331 duly passed and adopted. DEEDS OF EASEMENT: Councilman Stephenson offered Resolutions Nos. 71R-332 and 71R- 333 for adoption. Refer to Resolution Book. RESOLUTION NO. 71R-332: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Vernon L. and Jeanne E. Frederick; American Mobilhome Corporation; American Mobilehome Corporation; Johnson-Bell Enterprises; Earl L. Chessman; The Pacific Telephone and Telegraph Company) RESOLUTION NO. 71R-333: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Joseph D. and Dorothy C. Huarte) Roll Call Vote: AYeS: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None D~tton The Mayor Pro Tem declared Resolutions Nos. 71R-332 and 71R-333 duly passed and adopted. 71-437 City Hall, Anaheim, California - COUNCIL MINUTES - July 20, 1971, 1:30 P.M WALNUT CANYON RESERVOIR - REPAIRS: The City Manager reported approval had been received from the State Division of Safety of Dams on repair of an area in Walnut Canyon Reservoir; however, some of the State specifications have been changed, and as a result, it is deemed necessary to extend the money for soils engineering services, which has been contracted with Dames & Moore (April 6, 1971), to an amount not to exceed $14,000.00 (originally $6,000.00). Mr. Murdoch also requested permission to use informal bids on the repair work of the Walnut Canyon Reservoir, estimated at between $20,000.00 and $25,000.00, in order to expedite the repairs. On motion by Councilman Roth, seconded by Councilman Stephenson, approval was granted to extend the Dames & Moore soils engineering services contract, re Walnut Canyon Reservoir repairs to an amount not to exceed $14,000.00, and also to use informal bids for the repair work on the Reser- voir, as recommended by the City Manager. MOTION CARRIED. TENTATIVE MAP, TRACT NO. 7137, REVISION NO. 4 - WRIT OF MANDATE: The City Attor- ney advised a Writ of Mandate, dated July 16, 1971, has been re6eived order- ing the City Council to rescind its action of June 22, 1971, and to schedule a rehearing on Tentative Map, Tract No. 7137, Revision No. 4, within 30 days upon the request of the Petitioners. On motion by Councilman Pebley, seconded by Councilman Roth, re- hearing on Tentative Map, Tract No. 7137, Revision No. 4, was scheduled for August 3, 1971, 1:30 P.M. MOTION CARRIED. CORRESPONDENCE; On motion by Councilman Pebley, seconded by Councilman Thom, Minutes of the June 17, 1971 Orange County Mosquito Abatement District were ordered received and filed. MOTION CARRIED. ORDINANCE NO. 2947: Councilman Stephenson offered-Ordinance No. 2947 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-42 - C-l) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Ordinance No. 2947 duly passed and adop- ted. ORDINANCE NO. 2948: Councilman Thom offered Ordinance No. 2948 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAf{EIM~KrNICIPAL CODE RELATING TO ZONING. (68-69-88 - R-2-5,000) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None I)~tton The Mayor Pro Tem declared Ordinance No. 2948 duly passed and adop- ted. ORDINANCE NO. 2949: Councilman Roth offered Ordinance No. 2949 for adoption. Refer to Ordinance Book. 71-438 City Hall, Anaheim, California - COUNCIL MINUTES - July 20~ 1971, 1:30 P.M. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-8 - Portion A - R-2-5,000) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Ordinance No. 2949 duly passed and adopted. ORDINANCE NO. 2950: Councilman Pebley offered Ordinance No. 2950 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-56 - R-3 - Tract No. 7218) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Ordinance No. 2950 duly passed and adopted. ORDINANCE NO. 2951: Councilman Pebley offered Ordinance No. 2951 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO PARKING. (No Parking At Any Time - State College Boulevard on the~east side, from Almont Avenue to 560 feet north of Almont Avenue.) ORDINANCE NO. 2952: Councilman Stephenson offered Ordinance No. 2952 for first read- ing. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPJJ~ CODE RELATING TO ZONING. (70-71-1 - C-!) ORDINANCE NO. 2953: Councilman Thom offered Ordinance No. 2953 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-44 - C-O) PERMISSION TO LEAVE THE STATE - COUNCILMAN THOM: On motion by Councilman Stephenson, seconded by Councilman Pebley, Councilman Thom was granted permission to leave the State for 90 days, co~mnencing August 30, 1971. MOTION CARRIED. ADJOURNMENT: Councilman Pebiey moved to adjourn. Councilman Roth seconded the mo- tion~ MOTION CARRIED. ADJOURNED: 5: 30 P.M. Signed__ City Clerk