1970/01/2070-29
Cit7 Hall~ Anaheim,. California - COUNCIL MINUTES - JanuarZ 13~ 1970~ 1:30 P.M..
EXECUTIVE SESSION: At the request of the City Attorney, Councilman Pebley moved
to recess to Executive Session to discuss a matter concerning litigation.
Councilman Clark seconded the motion. MOTION CARRIED. (4:30 P,M.)~ ~.
All members of the Council returned to the Council Chambers at
the close of the Executive Session. (5:00 P.M.).
EMINgNT DOMAIN LITIGATION: On report and recommendation of the City Attorney,
it was moved by Councilman Krein, seconded by Councilman Schutte, that
the Attorney be authorized to file appeal in the eminent domain litiga-
tion case City of Anaheim vs. Michel and Wagner. MOTION CARRIED.
ADJOURNME~: Councilman Pebley moved to adjourn. Councilman Krein seconded
'the motion. MOTION CARRIED.
ADJOURNED: 5:05 P.M.
Signed ~--~s~--~. ~
City Clerk
City Hall~ Anaheim~ California - COUNCIL MINUTES - January 20, 1970~ 1:30 P.M.
~ City of Anaheim met in regular session.
The-City
Council
of
the
PRESENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark
ABSENT: COUNCILMEN: None
PRESENT: CITY MANAGER: Keith A. Murdoch
CITY ATTORNEY: Joseph B. Geisler
CITY CLERK: Dene M. Williams
CITY ENGINEER: James P. Maddox
ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson
ZONING SUPERVISOR: Charles Roberts
Mayor Clark called the meeting to order.
INVOCATION: Reverend William D~ Auld, of St. Paul's Presbyterian Church,
gave the Invocation.
FLAG SALUTE: Councilman Pebley led the Assembly in the Pledge of Allegiance
to the Flag.
MINUTES: Minutes of the Anaheim City Council meeting held January 6, 1970, were
approved on motion by Councilman Dutton, seconded by Councilman Krein. MOTION
CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Schutte moved to waive
I the reading in full of all ordinances and resolutions, and that consent to
i the waiver of reading is hereby given by all CounCilmen, unless after reading
.~ of the title, specific request is made by a Councilman for the reading of such
ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNANI-
MOUSLY CARRIED.
REPORT - FINANc~ALDEMANDs,AGAiNST THE CITY: Demands against the City, in theamount'
of $331,713.'92, in acc°rdance With'the 1969-70 Budget, were approved.
70-30
City Hall~ Anaheim~ California - COUNCIL MINUTES - January 20~ 1970~ 1:30 P.M.
CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1144: Submitted by Cali-
fornia Drive-In Theatres, Incorporated, to establish a drive-in theatre
with capability of being utilized periodically as a "swap meet" facility,
on property presently zoned M-l, briefly described as located on the east
side of State College Boulevard, south of Orangewood Avenue, and request-
lng the following waivers:
a. Permitted structures in the front setback area.
b. Pences and walls surrounding outdoor uses.
c. Number of free-standing signs permitted.
d. Minimum distance between free-standing signs.
e. Aggregate area of free-standing signs.
f. Location of free-standing signs.
The City Planning Commission, pursuant to Resolution No. PC69-
230, denied said conditional use permit. Appeal from action taken by the
City Planning Commission was filed by Mr. Walter B. Chaffee, Attorney for
the Applicant, and public hearing before the City Council scheduled Janu-
ary 6, 1970, and continued to this date at the request of Mr. Chaffee.
Submitted and read was petition of protest containing 82 signa-
tures of residents in the immediate area to the west.
Mr. Charles Roberts noted location of the approximate 6-acre
parcel, the existing zoning and uses in the immediate vicinity. He re-
ported that the southerly boundary of the property is the boundary line
between the Cities of Anaheim and Orange, and that immediately south of
the property is the existing Orange Drive-In Theatre.
Mr. Roberts explained that the request will,in effect,create a
new drive-in theatre north of the existing theatre. The screen would be
located on the portion within the City of Anaheim and the concession stand
and projection booth on the portion in the City of Orange.
In explaining the request, Mr. Roberts reported that "swap meets"
are presently being conducted at the Orange Drive-In Theatre, and subject
property is presently being used for overflow parking. He noted the loca-
tion of the two screens proposed and advised that there will be one en-
trance serving both theatres. He called-attention to and explained the
waivers requested, and noted the findings and basis on which said condi-
tional use permit was denied by the City Planning Commission.
The Mayor invited the Applicant to address the Council.
Mr. Walter B. Chaffee, Attorney, 131 West Wilshire Boulevard,
Fullerton, reported the presence of Mr. Don Griffin, Architect, and Mr.
Bob Selig, representing the Applicant.
An artist's rendering of the proposed ultimate development, show-
ing both theatres and a plot plan was presented and reviewed.
Mr. Chaffee explained that the property was acquired in 1958 for
e~-pansion purposes, together with a 50-foot strip on the easterly boundary
of the property running north to Orangewood Avemue, all of which is owned
in fee by the Applicant.
Mr. Chaffee advised that the screen is so located as to elimin-
ate any possible interference from the Anaheim Stadium lights and the snack
bar contains the projection equipment and cannot be engineering-wise located
in any other area. The entrance serving both theatres will be at the same
location, and at a point within the property,the customer will make a choice
as to which theatre he wishes to attend. He further stated that there will
be occasions when the same film will be shown at both theatres.
Mr. Chaffee reported that the request for "swap meets" was not
important to the application, and the Applicants hereby withdraw any pro-
visions permitting a "swap meet" as far as the Anaheim theatre is concerned.
70-31
City Hall~ Anaheim~ California - COUNCIL MINUTES - January 20~ 19~0~ 1:30 P.M.
Noting that the major portion of the enterprise is to be within
the City of Orange, Mr, Chaffee advised that they will pay a City of Anaheim
license fee and had no objections to adjusting that fee to compensate any loss
of revenue from the snack stand.
He explained that the development of the new theatre will cost in
the neighborhood of $750,000.00; 6 acres being within the City of Anaheim and
approximately 3 acres within the City of Orange.
Mr. Chaffee further reported that City Traffic Engineer Edward Gran-
zow concurred that there would be:
called attention to their filing with the City Council their Traffic Consult-
ant's report.
Mr. Chaffee then presented to the Council members an album of pic-
tures o-f other theatres indicating their close proximity to industrial, com-
mercial and residential developments. He was of the opiHion that in every
instance the theatres were developed first and other developments subsequently
followed.
Mr. Bob Seltg reported that 70% of those attending drive-in theatres
in Southern California represent families w~th small children and the Orange
Drive-In Theatre was one of the top-grossing Disney picture drive-ins in Cali-
fornia. He stated that recent complaints substantiate the need to expand fa-
cilities to accommodate more families and the twin-theatre will permit them
to show the more popular films on both screens.
Mr. Sells noted the withdrawal of the "swap meet" application and
that they have agreed to match whatever revenue might be lost to the City of
Anaheim due to the location of the box office and snack bar.~ He stated they
would accept whatever recommendations ~he City makes to alleviate any traffic
problem and called attention to the fact that those attending the Anaheim
Stadium and those attending the theatre will arrive and leave at different
times, and in his opinion, traffic generated by the theatre will not gener-
ally conflict with the Stadium traffic,.
Councilman Pebley advised of a telephone call received in which he
was informed that it was the intention of the theatre to show restricted films
in the new theatre, and the family-type or Walt Disney films in the exlsting
theatre.
Mr. Selig replied that this was not"true per se, that they do'not
condone or encourage the "X" pictures and they are on record requesting more
family-type pictures; however, they must Show both types or cease business,
and if there is an "~'-rated picture, with the twin theatres,they would have
the flexibility to book the drive-in so that there would be a choice for all.
Councilman Pebley asked Mr. Seii~if they would stipulate that no
pictures restricted to adults,would be shown in the theatre located within
the City of Anaheim.
Mr. Sells replied that this would be a policy determination that
they would be pleased to consider.
Councilman Pebley asked if the Applicants would stipulate to hold
the City harmless from lighting emanating from the Anaheim Stadium. Mr. Selig
replied in the affirmative.
Pictures were then submitted for Council review, showing the typical
patron, (pictures not filed for the record) and Mr. Seltg advised of security
measures taken by the theatre,
Mr. Don Griffin, A~chitect, eXplained the orientation and design
of the new theatre, advising that with full knowledge of the Stad'£~m light-
ing the project has been designed accordingly~.and the screen tower is So, lo-
cated that no light will hit the face of the screen directly ahd [heir pro-
Jection onto the screen will be clear and precise and without any effect from
the ambulant lighting; th~s dictated the loca'tion of the snack bar and projec-
tion booth at the one location,,
70-32
City Hall~ Anaheim, California - COUNCIL MINUTES - January 20, 1970, 1:30
Mr. Griffin noted that in an effort to cooperat'ewith both the
CitY of Anaheim and City of Orange, a revision was made to the alignment
of State College Boulevard to Anaheim Boulevard to permit traffic tO con-
tinue through, thereby eliminating the existing stop sign and left-hand
turn, which presently creates a traffic problem at this intersection.
The Mayor asked if anyone wished to address the Council in.
position.
Mr. Norman Harvey, 11732 cypress Street, referred tQ~reason$
of objections noted in the petition of Protest, and further noted the
UndeVeloped area along State College Boulevard extension, between the
Drive-In Theatre and Chapman Avenue. He stated that when this property
is developed it will create additional traffic.
Mr. Harvey further advised that the realignment of State College
Boulevard will eliminate much of the present on-street parkingo~ He stated
that the elimination of the "swap meet" in the Anaheim area did not cor-
rect the problem, in that the problem was parking caused by the "swap
meets" in the existing theatre.
Councilman Pebley advised Mr. Harvey that Anaheim could desig'
nate that portion of State College Boulevard within Anaheim City Limits
as a "No Parking Area."
Mrs. Laura Fukes, 11571 State College Boulevard, asked if there
would be an exit onto State College Boulevard. Plans indicated an exit
is proposed.
The Mayor asked if anyone else wished to address the Council;
there being no response, declared the hearing closed.
RESOLUTION NO. 70R-29: Councilman Clark offered Resolution No' 70R-29
fOr ~doPtion, granting COnditional Use Permit No. 1144 in part; approving
Applicants~ request to withdraw that portion of the application pertain-
ing to "swap meets" on the basis of the following stipulations made by
the Applicants:
1. That the City be held harmless from lighting at the Anaheim
Stadium as long as the lighting is controlled in the basic manner it is
presently controlled.
2. No films be shown on the property within the City of Anaheim
to which no one under 18 is admitted.
3. That the City be compensated for any loss in sales tax reve-
nue by increase in the existing business license tax, or by any other means
acceptable to the City.
4. That rapidly-growing tall trees be planted adjacent to the
rear of the proposed movie screen, instead of the reqUested 2,400-square
foot-sign,
and subject to the following conditions:
1. That all engineering requirements of the City of Anaheim
along State College Boulevard, including preparation or.improvement plans
and the installation of all improvements, such as curbs and gutters, side-
walks, street grading and paving, drainage facilities, or other appurten,
ant 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, and that a bond in an amOunt and form satisfactory
to the City of Anaheim shall be posted with the City to guarantee the in-
stallation of the above-mentioned requirements.
2. That the owner(s) of subject Property shall pay to the City
of Anaheim the sum of $2.00 per front foot along State College Boulevard,
for street lighting purposes.
3. That the owner(s) of subject property shall pay to the City
of Anaheim the sum of 15¢ per front foot along State College Boulevard,
for tree planting purposes.
70-33
City H~...lla Anah. eim~ California - COUNCIL MINUTES -....January 20~ 1970~ 1:30 P.M.
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 deter-
mined to be necessary by the Chief of the Fire Department.
6. That the driveways shall be installed .along Orangewood Avenue
as required by the City Engineer and in accordance with standard plans and
specifications on file in the office of the City Engineer.
7. That subject property shall be served by underground utilities.
8. That any metal structures or walls shall'be developed in accord-
ance with the City Council Metal Building Policy.
9. That Condition Nos. 1, 2, and 3, above mentioned, shall be com-
plied with prior to the commencement of the activity authorized under this
resolution, or prior to the time that the building permit is issued, or within
a period of 180 days from date hereof, whichever occurs first, or such further
time as the City.,Coun¢~l may grant.
10. That Condition Nos. 4,5,6,7, and 8, above mentioned, shall be
complied with prior to final building and zoning inspections.
11. 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.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL
USE PERMIT NO. 1144.
Roll Call Vote:
AYES: COUNCILMEN: Dutton, Schutte, Pebley and Clark
NOES: COUNCILMEN: Krein
ABSENT: COUNCILMEN: None
The Mayor declared Resolution No. 70R-29 duly passed and adopted~
PUBLIC HEARING o RECLASSIFICATION NO. 69-70-29 AND VARIANCE NO. 2143: Submitted
by Albert S. Toussau, requesting a change of zone from R-A to R-3; property
briefly described as located on the south side of Ball Road, east of State
College Boulevard.
The City Planning Commission, pursuant to Resolution No. PC69-257,
recommended said reclassification, subject to the following conditions:
1, That the~owner 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, and 32 feet in width from the centerline of the street along
Belhaven Street, for street widening purposes.
2. That all engineering requirements of the City of Anaheim along
Ball Road and Belhaven Street, 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 standard
plans and specifications on file in the office of the City Engineer; that street
lighting facilities along Ball Road and Belhaven Street shall be installed 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 Utili-
ties, 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 men-
tioned requirements.
3. That the owner of subject property shall pay to the City of Ana-
heim the sum of 15¢ per front foot along Ball Road and Belhaven Street, for tree
planting purposes.
4. That trash storage areas shall be provided in accordance with ap-
proved plans on file with the office of the Director of Public Works.
5. That fire h~drants shall be installed as require.ed and determined
to be necessary by the Chief of the Fire Department.
70-34
City Hall~ Anaheim~ California - COUNCIL MINUTES - January 20, 1970~ 1:30 P.M.
6. That subject property shall be served by underground utili-
ties.
7. That drainage of subject property shall be disposed of in a
manner that is satisfactory to the City Engineer.
8. That a parcel map to record the approved division of subject
property be submitted to and approved by the City of Anaheim and then be
recorded in the office of the Orange County Recorder.
9.. That the owner of subject property shall acquire access to
Belhaven Street.
10. That mutual ingress and egress easements shall be provided
for the common driveway separating Portion A and Portion B, and that said
common driveway shall be constructed to a full 25-foot width by the first
portion of subject property to develop.
11. That a 6-foot masonry wall shall be constructed along the
south property line of subjectproperty and reasonable landscaping with
15-gallon trees, including irrigation facilities, shall be installed in
a 10-foot wide planter strip along and adjacent to the full length of said
wall.
12. That all air-conditioning facilities shall be properly shielded
from view.
13. That the owner of subject property shall construct a modified
knuckle at the intersection of Belhaven Street and Omega Avenue, including
modification of the existing drainage structure as required by the City En-
gineer.
14. Prior to the introdUction of an ordinance rezoning subject
property, Condition Nos. 1, 2, and 3, above mentioned, shall be completed.
The provisions or rights granted in 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
Council may grant,
15. That Condition Nos. 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13,
above ment~d,Bhall be complied with prior to final building and zoning
inspections.
16. That the owner of subject property shall deliver to the City
of Anaheim an executed quit claim deed for all interest that they may now
have or may later acquire in the City-owned property upon which Fire Sta-
tion No. 7 is located.
17. That the owner of subject property shall pay to the City of
Anaheim the sum of $75.00 per multiple-family unit to be used for park and
recreation purposes, said amount to be paid at the time the Building Permit
is issued.
18. That ordinances reclassifying the property shall be adopted
as each parcel is ready to comply with conditions pertaining to such par-
cel, provided, however, that the word "parcel" shall mean presentlY exist-
ing parcels of record and any parcel or parcels approved by 'the City Coun-
cil for a lot split.
VARIANCE NO. 2143: Requesting permission to establish a 220-unit apart-
ment complex on property described above, with waivers of the following
requirements:
a. Maximum permitted number of main buildings per site.
b. Minimum distance between buildings.
The City Planning Commission, pursuant to Resolution No. PC69-
258, granted said variance, subject to the following conditions:
1. That this variance is granted subject to the completion of
Reclassification No. 69-70-29, now pending.
2. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of Anaheim,
marked Exhibit Nos. 1, 2, 3, 4, 5, and 6.
AREA DEVELOPMENT PLAN NO. 94: Establishing a'circulation system for pro-
perties encompassing that area on the south side of Ball Road for a depth
of approximately 600 feet, between Sunkist Street and State College Boule-
vard.
70-35
City Hall, Anahe. im~ California.- COUNCIL MINUTES - ~anuary 20, 1970~ 1:30 P.M.
The City Planning Commission, pursuant to Resolution No. PC69-256,
reco~x~ended amendment to Area Development Plan No. 94, deleting the require-
ment of an east-west street between Belhaven Street on the east, and State
College Boulevard on the west, by adopting Exhibit marked "Alternate No. 2."
Orange County Planning Department offered "No Comment," on the above
actions.
Mr. John Graichen, of the Development Services Department, noted the
area covered in Area Development Plan No. 94, and also noted the existing uses
in this area. He reported that with the Amendment to the General' Plan, May
21, 1968, indicating a change from Industrial to Medium-Density Residential
for this area, Area Development Plan No. 94, Alternate "B" was adopted, pro-
viding for a north-south street (Belhaven Street) between State College Boule-
vard and Sunkist Street, from Ball Road, approximately 660 feet south thereof,
and an east-west street (Omega Avenue) running from Sunkist Street westerly,
terminating in a cul-de-sac just east of State College Boulevard. The Area
Development Plan also required a 6-foot masonry wall on the property line and
a 10-foot landscaped strip to be included in the 50-foot right-of-way.
Mr. Graichen reviewed and explained the three alternates considered
by the City Planning Commission, prior to their recommendation.
Mr. Charles Roberts briefly summarized the hearing held by the City
Planning Commission, relative to the reclassification andvariance applications,
and advised in the City Planning Commission's recommended adoption of Alternate
2 of Area Development Plan No. 94, the City Planning Commission indicated that
the 50-foot street, originally proposed as a buffer area, and approved on Al-
ternate B, should be retained for those properties.easterly of Belhaven Street,
and that a setback equivalent to that required easterly of Belhaven Street
should be maintained on the other properties immediately west of Belhaven
Street, which would mean a building setback of 55 feet from the south property
lines for the Toussau and Dominguez properties.
The Mayor asked if the Applicant was satisfied with the.recommenda-
tions by the City Planning Commission. After receiving an affirmative reply,
he asked if anyone wished to address the Council in opposition.
Mr. Bob Ulrich, representing the Neville Chemical Company, referred
to the action taken in May, 1969, in which there would be a wall and space as
a buffer between the two uses, and requested this =equirement be maintained.
He then called attention to the flooding conditions in the area caused when
it rains. Regarding traffic, he advised that they had to reschedule their
shifts because of the present heavy traffic conditions on State College Boule-
vard.
Mr. Roberts reported that the action taken by the CitY Planning Com-
mission indicated that the block wall originally required should be continued
and be located on the south property line and immediately north thereof a 10-
foot wide landscaping strip, plus an area separation, and that this is set
forth in the resolution recommending Alternate 2.
Mr. James Maddox reported on the status of the Orange County Flood
Control District facilities in the area, advising that the present Flood Con-
trol drain terminates at Cerritos Avenue, however, plans were presentlY under
way to extend the Flood Control drain northerly to Ball Road.
Mr. Bob Kottman, representing Pacific Scientific Corporation, ad-
vised that if the wall and buffer zone were retained they would have no ob-
jections.
The Mayor asked if anyone else wished to address the Council; there
being no response, declared the hearing closed.
70-36
~ty Hall, Anaheim~ California - COUNCIL MINUTES January 20~ ~p~.0~ 1:30 P.M.
RESOLUTION NO. 70R-30: Councilman Schutte offered Resolution No. 70R-30
for adoption, authorizing preparation of necessary ordinance changing the
zone as requested, subject to the conditions recommended by the City Plan-
ning Commission.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND
DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES
SHOULD BE CHANGED. (69-70-29 - R-3)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton, Krein, Schutte, Pebley and Clark
None
None
The Mayor declared Resolution No. 70R-30 duly passed and adopted.
RESOLUTION NO. 70R-31: Councilman Schutte offered Resolution No. 70R-31
for adoption, granting Variance No. 2143, subject to conditions recommended
by the City Planning Commission.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE
NO. 2143.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton, Krein, Schutte, Pebley and Clark
None
None
The Mayor declared Resolution No. 70R-31 duly passed and adopted.
Councilman Dutton, in explaining his "Aye" vote in these cases
noted that the same use and zone was granted to others in the area, and
if granted to one, it should not be denied to another.
RESOLUTION NO. 70R-32: Councilman Pebley offered Resolution No. 70R-32
for adoption, amending Area Development Plan No. 94 by the adoption of
Exhibit marked "Alternate 2", as recommended by the City Planning Commis-
sion.
Refer to Resolution Book.
A B~SOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING AREA
DEVELOPMENT PLAN NO. 94 BY THE ADOPTION OF "ALTERNATE 2."
Roll Call Vote:
AYE S: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton, Krein, Schutte, Pebley and Clark
None
None
The Mayor declar~ Resolution No. 70R-32 duly passed and adopted.
69
PUB$I~ HEARING - ABANDONMENT NO.~o~-22A: Public hearing was held on proposed
abandonment of a public utility easement, requested by Mr. James W. Mc
Alvin, property located north of La Palma Avenue, west of West Street;
pursuant to Resolution No. 69R-754, duly published in the Anaheim Bulletin
and notices thereof posted in accordance with law.
Report of the City Engineer was also submitted, recommending
said request be approved.
~,,~ ~t 7 0 - 3 7
City Hall, Anaheim, California - COUNCIL MINUTES - January 20, 1970, 1:30 P.M.
Mayor Clark asked if anyone present wished to address the City Coun-
cil; receiving no reS.ponse, he declared the hearing.closed.
RESOLUTION NO. 70R-33: Councilman Krein offered Resolution No. 70R-33 for
adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE~ACATiON
AND ABANDO~NT OF ANEASEMENT FOR PUBLIC UTILITY PURPOSES OVER,,UNDERAND
ACROSS THE HEREINAFTER DESCRIBED REAL PROPERTY. (North of La PalmafAvenue,
west of West Street - 69-22A)
Roll Call Vote:
AYE S: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton, Krein, Schutte, Pebley and Clark
None
None
The Mayor declared Resolution No. 70R-33 duly passed and adopted.
CONTINUED REQUEST - H.U.D. RENT SUPPLEMENT RESOLUTION: Request of Mr. Robert ·
Hirsch for adoption of a resolution approving participation by local housing
owners in the Federal Rent Supplement Program was deferred from the meeting
of January 6, 1970, for further investigation and checking with cities re-
ported to have adopted said rent supplement resolution.
It was reported that a telephone request had been received from Mr.
Hirsch requesting a two weeks' continuance.
It was moved by Councilman Krein, seconded by Councilman Dutton,
that said request be continued, two weeks (February 3, 1970). MOTION CARRIED.
[LAssIFICATION NO. 64-65-64 - EXTENSION OF TIME: Request of Mr. Bernardo M.
Yorba for a one-year extension of time to complete conditions of Reclassifi-
cation No. 64-65-64 was submitted, together with reports of the City Engineer
and the Development Services Department.
On motion by Councilman Dutton, seconded by Councilman Krein, a
one-year extension of time was granted, as recommended. MOTION CARRIED.
DINNER-DANCING PLACE PERMIT: Application filed by Mr. John E. McKennon, for Din-
net-Dancing Place permit at the Grand HOtel, 7 Freedman Way, was submitted
and granted, subject to the provisions of'Chapter 4.16 of the Anaheim Muni-
cipal Code, as recommended by the Chief of Police, on motion by Councilman
Pebley, seconded by Councilman Dutton. MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: Actions taken-by the City Planning Commission
at their meeting held December 29, 1969, pertaining, to the following appli-
cations, were submitted for City Council information and consideration:'
CONDITIONAL USE PERMIT NO. 1142: Submitted by Richard R. Ray, requesting
permission to expand an existing trucking facility on property located at
the northwest corner of Blue Gum and Coronado Streets, by incorporating ap-
proximately four additional acres into the ultimate plans of development for
the total facility, with waiver of the required 6-foot masonry wall to en-
close the outdoor use.
The City Planning Commiss%on, pursuant t~o Resolution No. PC69-265,
granted said conditional use permit, in part, subject to com4itions, waiving
wall requirement in lieu of landscaping om the west and northlproperty lines
and providing for 6-foot chainlink fence along the south boundary of that area
proposed for immediate development.
70-38 ~1~
gity Hall~ Anaheim~ California - COUNCIL MINUTES - January 20,. 1970~ 1:30 P.M.
CONDITIONAL USE PERMIT NO. 1143: Submitted by Joseph and Grace Romo and
Fred and Alice Sotomayor, to expand an existing child nursery to permit a
maximum of fifty-six students and six staff members on R-1 zoned property
located on the east side of East Street, south of La Palma Avenue.
The City Planning Commission, pursuant to Resolution No. PC69-
255, granted said conditional'use permit, subject to conditions.
CONDITIONAL USE PERMIT NO. 1150: Submitted by Elizabeth Lancaster, to ex-
pand an existing mobile home park with an additional twenty-one space,on
R-A zoned property located on the west side of Beach Boulevard, north of
Orange Avenue.
The City Planning Commission, pursuant to Resolution No. PC69-
260, granted said conditional use permit, subject to conditions.
VARIANCE NO. 2145: Submitted by C.H.R., Incorporated, to permit the es-
tablishment of a new free-standing sign on C-2 zoned property located at
the northeast corner of Anaheim Boulevard and Lemon Street, with waivers
of:
a. minimum distance between free-standing signs and roof
signs, and
b. maximum height of a free-standing sign.
The City P18mning Commission, pursuant to Resolution No. PC69-
262, granted said variance, subject to conditions.
VARIANCE NO. 2146: Submitted by Jade, Incorporated, to permit the erec-
tion of a 57-foot high, double-faced, free-standing sign projecting up and
through the canopy roofline. C-1 zoned property located on the north side
of Ball Road, east of Beach Boulevard, with waiver of:
a. maximum height of a free-standing sign within 300 feet of
residential uses.
The City Planning Commission, pursuant to Resolution No. PC69-
263, granted said variance in part, subject to conditions, maximum height
of said sign not to exceed 50 feet.
The foregoing actions were reviewed by the City Council and no
further action taken.
VARIANCE NO. 2144: Submitted by I.M. Rannow, for waiver of permitted uses
in the R-A zone, to allow the continued use of subject property for a com-
mercial produce market. R-A zoned property, located at the southwest cor-
ner of Cerritos Avenue and Euclid Street.
The City Planning Comission, pursuant to Resolution No. PC69-
261, denied said variance.
Review of action taken by the City Planning Commission was re-
quested by Councilman Dutton, and the City Clerk was instructed to schedule
the matter for public hearing before the City Council.
RESOLUTION NO. 70R-34 - WORK ORDER NO. 435: In accordance with recommendations
of the City Engineer, Councilman Dutton offered Resolution No. 70R-34 for
adoption.
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 LOWESTRESPONSIBLE BIDDER FOR THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORM-
ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM-
PROVEMENT: THE IMPROVEMENT OF CRESCENT AVENUE AND VALLEY STREET FROM
70-39
City Hallm Anaheimm California - COUNCIL MINUTES - January 20~.[ 1970m 1:30 P.M.
APPROXIMATELY 276 FEET NORTH OF CRESCENT AVENUE TO APpROXIMATELY 385 FEET
WEST OF VALLEY STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 435. (Handley
Construction Corporation - $6,945.50) .
Roll Call Vote:
AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Mayor declared Resolution No. 70R-34 duly passed and adopted.
RESOLUTION NO. 70R-35 - WORK ORDER NO. 582-A: In accordance with recommendations
of the City Engineer, Councilman Krein offered Resolution No. 70R-35 for
adoption.
Refer to Resolution Book.
A P~SOLUTION 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 ANDEQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL. AND WATER, AND PERFORM-
ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM-
PROVEMENT: THE IMPROVEMENT OF EUCLID STREET FROM LA PALMA AVENUE TO CRESCENT
AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 582-A. (K.E.C. Company and
Keith E. Card - $247,383.30)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: C OUNC ILMEN:
ABSENT: COUNCILMEN:
Dutton, Krein, Schutte, Pebley and! Clark-
None
None
The Mayor declared Resolution No. 70R-35 duly passed and adopted.
RESOLUTION NO. 70R-36 - WORK ORDER NO. 586-B: In accordance with recommendations
of the City Engineer, Councilman Pebley offered Resolution No. 70R-36 for
adoption.
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
FUPdqISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND.TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORM-
ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING. PUBLIC IM-
PROVEMENT: THE IMPROVEMENT OF HARBOR BOULEVARD FROM BALL ROAD TO KATELLA
AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 586-B. (R.J. Noble Company -
$43,798.00)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Du-tton, Krein, Schutte, Pe'bley and Clark
None
None
The Mayor declared Resolution No. 70R-36 duly passed and adopted.
RESOLUTION NO. 70R-37 - WORK ORDer. NO. 585-A~. Councilman Dutto~: offered Resolu-
tion No. ?0R-37 for adoption,
'Refer to Resolution Book.
70-.~0 x~
~ity Hall~ Aqaheim.~ C~lifo~n~a - COUNCIL M%.NUTES - January 20, !970, 1:30_ P.M.
A RESOLUTION OF THE' CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND
DETERMINING TRAT PUBLIC GONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC-
TION AND COMPLETIONOF A PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT
OF WAGNER AVENI~ FROM APPROXIMATELY 68 FEET WEST OF CHAUCER STREET TO
APPROXIMATELY 260 FEET WEST THEREOF, IN THE CITY OF ANAHEIM, WORK ORDER
NO. 585-A, APPROVING TIiE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPE-
CIFICATIONS FOR THE CONSTRUCTION ~EREDF; AUTHORIZING THE CONSTRUCTION
OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS,
ETC.; AND AUTHORIZIN~ AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE
INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids To Be Opened -
February 11, 19~0,' 2~00 P~M~)
Roll Call Vote:
AYES: COUNCILMEN~
NOGS: COUNCILMEN:
ABSEtqT: COUNCILM~N~
D~aton, Krein, Schutte, Pebley and Clark
None
None
The Mayor deelared Resolution No, 70R-37 duly passed and adopted.
DEEDS OF EASEMENT: Councilman Schutte offe.~ed Resolution Nos.. 70R-38 to 70R-
43, both in~lusive, for adoptiom
Refer to Resolution Book,
P~,SpLUTION ~N0. ~0R~38~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING EASEMENT GRANT D~gD cONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PUR-
POSES. (Nancyann Lauder)
P~.SOLUTIONNO~ ~0B~39: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAMEIM ACCE~TING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PUR-
POSES. (Larw~n Multihousing Corporation)
RESOLUTION NO, ?0R-~O} A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ALLEY AND PUBLIC UTILITY
PURPOSES. (James D. Cook, Herbert Neill Davis, and Beulah May Callahan)
RESOLUTION NO. ~0~-~: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM
CERTAIN RE~L PROPERTY FOR AN EASEMENT FOR PUBLIC UTILITY PURPOSES.
(Whittaker Corporation)
RESOLUTION NO. 70R-42: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY
PURPOSES. (Leased Stations, Inc., and Texaco, Inc.)
RESOLpTION ~O. ~0R-43: A RESOLUTION' OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING EASEMENT GRANT DEED CONV~YING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTY FOR AN EASEMENT FOR UNDERGROUND ELECTRICAL PUR-
POSES. (First American Trust Company)
Roll Call Vote~
AYES,: COUNCILMEN~
NOES ~ COUNCILMEN:
ABSENT,~ GOUNC ILMEN'~
Dutton, Krein, Schutte, Pebley and Clark
None
None
The Mayor declared Resolution Nos, 70R-38 to 70R-43, both in-
clusive, duly passed and adopted~
CANCELLATION OF COU.N~¥ TAXES~ On motion by Councilman Pebley, seconded by
Councilman Dutton, the Orange County Beard of SuperviSors was requested
to cancel County TaXes on property acquired by the City of Anaheim for
Municipal purpo.S'es, pursuant to Resolution No. 69R-755, formerly assessed
to the Orange County Water District, Deed recorded January 6, 1970, as
~kx 70-41
City Hall~ Anah?im~ California -. COUNCIL MINUTES- Januar.. y 20~ 1970~ 1:30.. P.M.
Document No. 2473, in Book 9184, at Page 262, Official Records ~of Orange
County California. MOTION CARRIED.'
PURCHASE - 336.4 .MGM ALUMINUM WIPE: 'The citY Manager reported on ~informal .bids
received~for the purchase of approximately 57,000 feet of 336.4 MCM Aluminum
Wire, as follows:
VENDOR TOTAL AMOUNT, iNCLU. DING TAX
Olin Conductor, % Garland-Affolter, Los Angeles $~'425.60
G.E. Supply Company, Anaheim .............. 8,069 97
Alcan Cable, Fullerton .............. 8,733.49
Graybar Electric, Anaheim ............... 7,980.00
On the recommendation of the City Manager,-Councilman Krein moved
that the low bid of Olin Conductor be accepted and Purchase authorized in the
amount of $7,425.60, including tax; Councilman Dutton seconded the motion.
MOTION CARRIED.
RESOLUTION NO. 70R-44:
tion,
Councilman Dutton offered Resolution No. 70R-44 for adop-
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR THE PURCHASE OF TAX!~D~EDED
PROPERTY WITHIN THE CITY. (OrangeW°od/Spinnaker Well site) "
Roll Call Vote:
AYES: COUNCILMEN: Dutton, Krein, Schutte, PebleY and Clark
NOES: ' COUNCILMEN: None ~
ABSENT: COUNCILMEN: None "
The Mayor declared Resolution No. 70R-44 duly passed and adopted..
CORRESPONDENCE: The following corresondence was ordered received and filed on
motion by Councilman Pebley, seconded by Councilman Dutton:
a. Before the Public Utilities Commission of the State of Cali-
fornia - Southern Californi.~ Gas Company for authOrity: (a) to increas~ its
gas rates to offset higher costs occasioned by an increase in the rates of
the suppliers of Out-of-state gas to the Pacific Lighting Utility System,
(b) to continue the advice letter procedure for tracking increases in pur-
chased gas cost based on Federal Power Commission Dockets Nos. RPTO-1! and
RPT0-19, and (c) for a general increase in its gas rates.
SOuthern Counties Gas C°mpany of California for authority:
(a) to increase its gas rates to offset higher costs OCCasioned by a~ in-
crease in the rates of suppliers of out-of-state gas to the Pacific Lighting
Utility System, (b) to continue the advice letter procedure for tracking
increases tn purchased gas cost based on Federal Power Commission Docke~s
Nos. RP70-11 and RP70'19, and (c)for a general increase in its gas rat~s.
Pacific Lighting Service Company for authority: (a) to in-
crease its gas rates to offset higher costs occasioned by an increase in
the rates of the suppliers of out-of-state gas to the Pacific Lighting Util-
ity System, (b) to continue the advice letter procedure fOr tracking increases
in purchased gas cost based on Federal Power Commission DoCkets Nos. RPTO-
11 and RP70-19, and (c) for a general increase in. its gas rates, Which authori-
zations are sought only in the event that the cost-of-service tariff applied
for in Application No. 50715 has not been authorized by April 13, 1970.
MOTION CARRIED.
70-42
City Hall~ Anaheim~ California - COUNCIL MINUTE~ - January 20~ 1970~ 1:30 P.M.
ORDINANCE NO. 2771: Councilman Dutton offered Ordinance No. 2771 for adoption.
Refer. to-Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM'
MUNICIPAL CODE RELATING TO ZONING. (69-70-26 - C-l)
Roll Call Vote:
AYE S: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton, Krein, Schutte, Pebley and Clark
None
None
The Mayor declared Ordinance No. 2771 duly passed and adopted.
ORDINANCE NO. 2772: Councilman Krein offered OrdinanCe No. 2772 for first
reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (61-62-69(37) and (38) M-l)
ORDINAN.CE NO. 2773: Councilman Schutte offered Ordinance No. 2773 for first
reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (66-67-61(38) ' C-R)
ALCOHOLIC BEVERAGE LICENSE APPLICATIONS: The following applications were sub-
mitted for Council information:
al' 911 North Brookhurst Street, Un-named, Off Sale Beer and
Wine, Original Transaction. Applicant: HaroldIrvin Murray.
b. 3148% W. Lincoln Avenue, Mtmi's, On Sale Beer, Person-to-
Person Transfer. APPlicant: James Ruthven III.
c. 3456A West Orange Avenue, Silver PonY, On Sale Beer and
Wine (Bona Fide Eating Place), Person-to-Person Transfer. Applicant:
Albert Dominco and Betty Ferreira.
No COuncil~aCtion was taken on the above applications.
RESO~UTION~NO. 70R-45:~ Councilman Krein offered R%solution No. 70R-45 for
adoption.
Refer t° Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE
EXECUTION OF AN AGREEMENT EMPLOYING FRANK O. GEHRY & ASSOCIATES, INC.,
A CALIFORNIA CORPORATION, TO PERFORM ARCHITECTURAL CONSULTING SERVICES
IN CONNECTION WITH PROPOSED IMPROVEMENTS TO THE GREEK THEATER IN PEARSON
PARK iN THE CITY OF ANAHEIM.
Roll Call Vote:
AYE S: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton, Krein, Schutte, Pebley and Clark
None
None
The Mayor declared Resolution No. 70R-45 duly passed and adopted.
RE. ~LUTION NO. 70R-46: Councilman Krein offered Resolution No. 70R-46 for
adoption.
Refer to Resolution Book.
70-43
City Hall~ A~aheim, California- COUNCIL MINUTES- 3.anuary 20~ 1970~ 1.~30 P.M.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE
EXECUTION OF AN AGREEMENT EMPLOYING CHRISTOPHER 3AFFE, INC.., A CALIFORNIA
CORPORATION, TO PERFORM ACOUSTICAL CONSULTING SERVICES IN CONNgCTION WITH
PROPOSED IMPROVEMENTS TO THE GREEK THEATER IN PEARSON PARK IN THE CITY OF
ANAHEIM.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton, Krein, Schutte, Pebley and Clark
None
None
The Mayor declared Resolution No. 70R-46 duly passed and adopted.
CABLECOM-GENER~L~ !NC., - CATV SYSTEM: The City Manager reported that communica-
tion had been received from Cablecom-General, Inc., who presently owns and
operates Co~m~untty Antenna Television systems in communities throughout the
United States, advising they are interested in providing the same service
to the residents of Anaheim.
Mr. Murdoch stated that many California cities have patterned a
CATV Franchise Ordinance after a model suggested by the 'League of California
Cities.
On motion by Councilman Krein, seconded by Councilman Pebley, said
communication was ordered received and referred to the City Manager for neces-
sary investigation and report. MOTION CARRIED.
EXECUTIVE SESSION: At the request of the City Attorney, Councilman Krein moved to
recess ~ Executive Session to discuss a matter concerning litigation. Coun-
cilman Pebley seconded the motion. MOTION CARRIED. (3:15 P.M.) .
. All members of the Council returned to the Council Chambers at the
close of the Executive Session, and no action was taken. (3:25 P.M.)
WRATHER CORPORATION VS. CITY LITIGATION: Councilman Dutton referred t0~ the Inter-
rogatories Propounded by Plaintiffs served in connection with Wrather Corpora-
tion, etc., et al, vs. Calvin L. Pebley, et al, and was of the oPinion that
said service was an instrument to further delay a decision by the Courts,
inasmuch as the answers are available to them as all actions taken are a
matter of public record,
ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Schutte seconded the
motion. MOTION CARRIED.
ADJOURNED': 3:40 P.M.
City Clerk