1970/08/2570-413
City Hall, ~aheim, California - COUNCIL MINUTES -.AuKust 25, 1970, 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PEESENT:
ABSENT:
P~ESENT:
COUNCILMEN: Clark, Stephenson, Thom and Pebley
COUNCILMEN: Dutton
CITY MANAGER: Keith A. Murdoch
CITY ATTORNEY: Joseph B. ~eisler
CITY CLERK: Dene M. Williams
CITY ENGINEER: James P. Maddox
ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson
ZONINO SUPERVISOR: Charles Roberts
Mayor Pro Tem Pebley called the meetin$ to order and introduced
format Mayor and Councilman Fred T. Krein, who was in attendance.
~ Reverand John D. Robinson, of the East Anaheim United Methodist
Church, save the Invocation.
~ Councilman Pebley led the Assembly in the Pledse of Alle$iance
to tha
RESOLUT~0N OF COMMI~NDA~ION - LEAGUE OF WOMEN VOTERS' ~OF ANAHEIM-GARDEN GROVel
~ Res°lut{°~ commending and 'congratulatin~ the League of women Vo-
ters of Anaheim-Garden Grove for its creative effort in producing
the booklet "Know Your City," was unanimously adopted by the City
Council and presented to Mrs. Joan Riddle, President.
RESOLUTION OF COMMENDATION - BOY SCOUT EXPLORER POST ~74: A Resolution com-
mending Explorer Post #74 of the Boy Scouts of America for their
services to the City of Anaheim Administration during the unlawful
demonstration at Disneyland on August 6, 1970, was unanimously adop-
ted by the City Council and presented to representatives of the Troop.
City Manager Keith A. Murdoch expressed his personal appreciation
for the assistance of the members of the Explorer Post.
Councilman Stephenson lauded the past and present services of Ex-
plorer Post #74 to the Police Department as well as the City of
Anaheim.
MINUTES: Minutes of the Anaheim City Council meetings held August 11 and 18, 1970,
were approved on motion by Councilman Clark, seconded by Councilman Stephen-
son. MOTION C~iRRIED. (To the foregoing Motion, Councilman Thom abstained.)
WAIVER OF READING o ORDINANCES AND RESOLUTIONS: Councilman Clark moved to waive
the reading in full of all ordinances and resolutions, and that consent to
the waiver of reading is hereby given by all Councilmen, unless after reading
of the title, specific request is made by a Councilman for the reading of such
ordinance or resolution. Councilman Stephenson seconded the motion. MOTION
UNANIMOUSLY CARRIED.
REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the
amount of $1,117,638.68, in accordance with the 1970-71 Budget, were approved.
PUBLIC HEARING - RECLASSIFICATION NO. 70-71-4: Initiated by the City Planning Com-
mission, for a change of zone from County of Orange Mi-10,000 to City of Ana-
heim R-A, on property located east of Lakeview Avenue and north of La Palma
Avenue. (Lakeview-La Palma Annexation).
The City Planning Commission, pursuant to Resolution No. PC70-135,
recommended said reclassification be approvedunconditionally.
Zoning Supervisor Charles Roberts noted the location of the property.
Mayor Pro Tem Pebley asked if anyone wished to address the Council;
there being no response, declared the hearing closed.
70-414
City Hal.%, Anaheim, California - COUNCIL MINUTES - AuKu.st 25, 1970, 1:30 P.M.
RESOLUTION NO. 70R, 419: Councilman Clark offered Resolution Noo 70R-419
fo~ adoption,'authorizing the preparation of necessary ordinance changing
the zone as recommended by the City Planning 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. (70-71-4 - R-A - Lakeview-La Palma Annexation)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Clark, Stephenson, Thom and Pebley
None
Dutton
The Mayor Pro Tem declared Resolution No. 70R-419 dulYpassed~
and adopted.
PUBLIC HEARING - RECLASSIFICATION NO. 70-71-5: Initiated by the City Planning
Commission, for a change of zone from County of Orange MI-10,000 to City
of Anaheim M-i~ on property located east of Lakeview Avenue, north of La
Palma Avenue, and south of Orangethorpe Avenue. (Lakeview-La Palma Annexa-
tion.)
The City Planning Commission, pursuant to Resolution~No. PC70-
136, recommended said reclassification be approved, subject to the follow-
ing conditions:
1. That dedication shall be made to the City of Anaheim on all
streets within the area according to the Circulation Element of the General
Plan - Highway Rights-of-Way Map and in accordance wilh Area Development
'Plan No. 102, prior to the adoption of ordinances rezoning the properties.
2. That all engineering requirements of the City of Anaheim,
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 specifica-
tions on file in the office of the City Engineer, at the time the property
is developed.
3. That the owner of subject properties shall install street
lighting on all streets within the area, 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, at the time
the property is developed°
4. That a Preliminary Title Report shall be furnished prior
to the adoption of an Ordinance rezoning the property, showing legal Vest'.
lng 'of title, legal description, and containing a map of the property.
5. That ordinances reclassifying the property shall be adopted
as each parcel is ready, to comply with the Conditions pertaining to such
parcel; provided, however, that the word "parcel" shall mean presently ex-
isting parcels of record, or any parcel or parcels approved by the City
Council for a lot split.
6. That plans for the development of subject property shall be
sUbmitted to and approved by the Development Review Committee of the De-
velopment Services Department, on the basis of compatibility of develop-
ment, both structurally:and architecturally.
Zoning Supervisor Charles Roberts noted the location of subject
property.
Mayor Pro Tem Pebley asked if anyone wished to address the Coun-
cil; there being no response, declared the hearing closed~
RE~UTION NO. 70R-420: Councilman Clark offered Resolution No. 70R-420
for adoption, authorizing the preparation of necessary ordinance changing
the zone as recommended by the City Planning Commission.
70-415
City Hall, Anaheim, California - COUNCIL MINUTES - Au&mst 25, 1970,. 1:30 P.M.
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 D~dNICIPAL CODE RELATING TO ZONING SHOULD
BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (70-
71-5 - M-1 - Lakeview-La Palms Annexation)
Roll Call Vote:
AYE S: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Clark, Stephenson, Thom and Pebley
None
~N~tton
The Mayor Pro Tem declared Resolution No. 70R-420 duly passed and
adopted.
pUBLIC ~F~RIN~ - CONDITION_AL USE PERMIT NO~_ 119!: Submitted by Enloe Properties,
Inc., to establish a drive-through restaurant on C-1 zoned property located
at the northeast corner of Ball Road and Lemon Street, wi£h waivers of:
a. Mininmm required o££-street perkins spaces,
b. Mtnl~ distance between ~ree-standin$ siins,
Minimum required .lSn elevation.
The City Planning Commission, pursuant to Resolution No. PC70-132,
denied said conditional use permit.
Appeal from action taken by the City Planning Commission was filed
by Leonard Smith, Agent for the Applicant, and public hearing scheduled this
date.
Zoning Supervisor Charles Roberts noted the location of subject
property, the existing uses and zoning in the immediate area, and briefed
the evidence submitted to and considered by the City Planning Commission.
Mr. Roberts advised a portion of subject property presently is de-.
veloped with a dry cleaning establishment with 28 off-street parking spaces,
as required, and the petition now under consideration is for a drive-througi~
restaurant on the corner of subject property, which use would require an
ditional 10 parking spaces; however, Applicant desired to provide only 2
ditional parking spaces. He further advised that with this inadequate stack-
ing space for cars, making proposed use too intense for the property, it formed
a basis for the City Planning Commission denial.
Councilman Pebley asked if the dry cleaning establishment actually
needed 28 spaces.
Mr. Roberts replied that the dry cleaning establishment did not
require that amount at the present time; however, the ar~a is zoned commer-
cial, and if the dry cleaning establishment is discontinued at any time all
of the parking spaces would be necessary for any commercial use made of the
property.
Mayor Pro Tem Pebley asked if the Applicant or his Agent was presx
ent and wished to address the Council.
Leonard Smith, 125 South Claudine Street, Agent for the Applicant
and Owner of subject property, advised that the dry cleaning establishment
on subject property used only 8 of the 28 parking spaces available and is
in a specialized building that would be difficult to convert to a commercial
or retail operation.
Mr. Smith stated the proposed use should be considered a retail
operation, rather than a restaurant, since all sales would be in package
form and no eating would be allowed on the property.
70-416
City Hail', Anaheim, California- COUNCIL MINUTEs - August 25, 1970, li'.30 P,'M,
Mr. Smith indicated the willingness of the Applicant to sign an
agreement to be prepared by the ~City~ Attorney, guaranteeing no. food would
be COnsUmed on thepremises either ins~e or oUtside the building>and that
all sales would be packaged for take-home use.
Mr. Smith further stated that the peak business for their pro-
posed drive-through restaurant would begin at 6:00 P.M., by whiCh'time the
dry cleaning establishment would be closed and the traffic on Ball Road
greatly diminished. He added that the back-up of traffic on Ball Road at
Harbor Boulevard, during the industrial peak period from 4:00 to 6:00 P.M.,
has lessened considerably recently, possibly due to timing changes on sig-
nal lights.
Regarding the requested sign waivers, Mr. Smith advised that the
one sign proposed to be erected on the corner of subject property would com-
ply with existing regulations and that the two small signs requested would
.be menu signs, placed so ,as not to be visible from the street~ and enabling
customers to place their orders through microphones attached..to the Signs.
Mr. Smith stated the Applicant would police the premises and keep
it clean; and added the 52 by 124-foot size of the property made it diff~-
cult to find a suitable use.
In answer to questions by Councilman Clark, Mr. Smith advised the
distance from the street to the building would allow for two cars to be
placing orders and two cars to be picking up orders at the same time on
each side of the p~oposed building.
Mayor Pro Tem Pebley asked if anyone wished to address the Coun-
cil in opposition.
Gordon Gray, an owner of McDonald's Hamburgers, 119 West Ball
Road, advised that had he known about the dry cleaning establishment goi[g
in on subject propert7 he would have objected then, and stated he now ob-
jected to the proposed drive-threugh restaurant because at the time the
McDonald's Drive-In was constructed all regulations were complied with,
including a 75-foot setback from Ball Road. The Kentucky Fried Chicken
Restaurant later was allowed with an approximate 15-foot setback, then a
two-story dry cleaning establishment was constructed with even less set-
back, thus effectively blocking the view of McDonald's from the street.
Mr. Gray contended granting subject petition would again allow less set--
back in front and would allow the establishment to encroach upon the
easement at the rear.
Mr. Gray stated he had no objection to another restaurant, as
each additional one generated more business for the whole area, but he
cited the fact that a Burger Chef Restaurant in the area had gone bank-
rupt, leaving an empty building not suited for most uses,which could be
the case with the proposed establishment.
Mr. Gray stated he felt the biggest problem would be with'traf-
fic congestion because of lack of space for stacking up cars at the proposed
restaurant. He agreed the back-up of peak-period traffic on Ball Road had
eased recently, but felt it still posed a problem.
Mayor Pro Tem Pebley invited the Applicant's Agent to again ad-
dress the Council.
Mr. Smith stated the easement mentioned by Mr. Gray is at the
rear of the property, and a private drive, and their present plans do not.
call for use of this easement~ Mr. Smith said he understood the City was
contemplating widening Ball Road, which would enable cars to turn into the
proposed establishment without hindering the flow of traffic.
Councilman Pebley asked if more back-up space could be provided
by redesigning plans.
Mr. Smith advised any change of plans would entail moving the
70-417
CitM Hall, Anaheim, California - COUNCIL MINUTES - August 25, 1970, 1:30 P.M.
building back, which would necessitate removal of some of the dry cleaning
establishment's required parking spaces or use of the easement in the rear
for an exit.
Jim Jerauld, 322 Highland Avenue, National City, an employee of
the parent company of the proposed establishment, advised he believed back-
up of cars in the street would not occur since people tend not to wait if an
entry off the street is blocked.
With regard to the possibility of the establishment going broke,
leaving an empty, single-purpose building, Mr. 'Jerauld advised this was a
chance any business had to take.
It was determined sufficient evidence had been presented, and Mayor
Pro Tem Pebley declared the hearing closed.
Councilman Thom stated he concurred with the City Planning Con, his-
sion, in that he felt the projected use was too intense for the size of the
property and would create an undesirable traffic problem, with which state-
ment Councilman Clark concurred.
Councilman Stephenson stated he believed cars making left turns
from Ball Road onto subject property would block lanes of traffic and create
a hazardous situation, due to the close proximity of the signal at Anaheim
Boulevard.
RESOLUTION NO. 70R-421: Councilman Thom offered Resolution No. 70R-421 for
adoption, Sus~aining a~tion taken by the City Planning Commission, ~enYing' .
COnditional Use Permit No. 1191.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COb-NCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL
USE PERMIT NO. 1191.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Clark, Stephenson, Thom and Pebley
None
Dutton
The Mayor Pro Tem declared Resolution No. 70R-421 duly passed and
adopted.
PUBLIC HEARING - AREA DEVELOPMENT PLAN NO. 106: To consider street access and
vehicular circulation for the area bounded by Crowther and Orangethorpe Ave-
nues, between Kraemer Boulevard and the City Limits westerly from Kraemer
Boulevard approximately 1,500 feet.
The City Planning Commission, pursuant to Resolution No. PC70-137,
recommended approval of said Area Development Plan in accordance with Exhibit
"N', subject to certain conditions.
The City Clerk submitted correspondence received August 19, 1970,
from Edward Kozlowsky, a property owner affected by subject Area Development
Plan, requesting postponement of this public hearing for two weeks to enable
property owners to attend.
On motion by Councilman Pebley, seconded by Councilman Clark, pub°
llc hearing on Area Development Plan No. 106 was continued to September 8,
1970, as requested. MOTION CARRIED.
MOTHER COLONY HOUSE PRESERVATION: Request of Sarah Fay Pearson, Chairman, on be-
half of the Mother Colony House Advisory Board, was submitted for authoriza-
tion to develop preliminary architectural drawings for enclosing the Mother
Colony House within another structure on the City-owned property between the
Central Library and the Police Department, such drawings anticipated to be
prepared on a voluntary basis.
70-418
City HalI~ Anah~im, California - COUNCIL MINUTES - August 25, 1970, 1:30 PfM.
The City Clerk submitted correspondence dated August 24, 1970,
from Mary B. Jones, Chairman, on behalf of the Cultural Arts CommissiOn,
forwarding endorsement of that Commission of the request of the Mother
Colony House Advisory Board.
Councilman Pebley stated he would endorse the request of the
Mother Colony HOuse Advisory ~oard if it would entail no cost to the City.
Councilman Clark expressed the opinion he felt the Mother Colony
House was valuable historically and should be moved over by the Library·
Councilman Thom advised he understood future plans entailed in-
corporating a museum in the proposed structure which would house histori-
cal artifacts of Anaheim, and added his endorsement of the project.
cil.
Mayor Pro Tem Pebley invited Mrs. Pearson to address the Coun-
Mrs. pearson outlined some reasons for preserving and protectir~g
the Mother Colony House; first and foremost it being the oldest (113 years5
and most historic building in Anaheim, made of frame, rather than adobe,
as was the custom at that time; it was built by and was the home of George
Hansen, known as the "Father of Anaheim;" and because it is a symbol of so
many other things that portray the dynamic and creative spirit of Anaheim,
best illustrated by the following partial list of pride-filled firsts:
". The first city in California to be completely ].aid out and
prepared in advance for occupancy by its settlers.
The first cooperative irrigation project in the State.
· The first schoolhouse built with a bond issue, as a result
of legislation written here and expedited through its passage in the State
Legislature.
· The first Protestant Church in Orange County. ~
The first California Valencia Orange Show.
The first boys' band.
The first hospital in Orange County.
The first newspaper in Orange County°
The first telegraph office in Orange County.
The first incorporated bank in Orange County.
The first private bank in Orange County.
The first Masonic Lodge°
The first municipal power and water distribution system in
the area.
The first opera house in Qrange C~oUnty. ~
The first coordinated industrial development.
. The first Planning commission in Orange County.
And on and on, not ending with the First Disneyland, the first
Stadium, and the first Convention Center in Orange County."
Councilman Stephenson asked if an exact location had been chosen
for the House.
Mrs. Pearson said this was one of the Points that they, as an
Advisory Board only, would need professional help with before it is pre-
sented to the Council for consideration.
On recommendation of the City Manager, Councilman Pebley moved
that the Mother Colony House Advisory Board be authorized to develop pre-
liminary architectural drawings for permanent preservation of the Mother
Colony House, it being understood development of these drawings to be on
a voluntary basis at this time, and requesting that the Advisory Board
confer with the Library Board and the City Manager's office in 'determin-
ing a Suitable location. Councilman Clark seconded the motion. MOTION
CARRIED.
70-419
City Hall, Anaheim, California - COUNCIL MINUTES - August 25, 1970, 1:30 P.M.
REQUEST - FEDERAL RENT SUPPLEMENT PROGRAM PARTICIPATION APPROVAL: Request of Robert
Hirsch, dated August 3, 1970, for consideration of a Resolution approving par-
ticipation by local housing owners in a Federal Rent Supplement Program was
submitted, together with report of the Development Services Department recoum
mending that, if approval is granted to allow a rent supplement program in Ana-
heim, the Resolution specifically limit the provisions of the Resolution to
the southwest corner of Greenleaf and Glenoaks site under consideration by
the Petitioner, and that the Applicant be advised that approval of the Rent
Supplement Program could not be interpreted as approval of any zoning action
necessary for~the pr°po~ed apar'tment complex ~evelOpment.
Zoning Supervisor Charles Roberts pointed out it was the Planning
Staff's understanding subject Rent Supplement Program is sponsored by the
Federal Housing Authority and Housing and Urban Development Programs to make
housing available for low-income people by subsidizing[up to 75% of fair market
rent payments.
Mr. Roberts further advised that the only action required is ini-
tial approval by tile City Council,allowing such a program in the City.
Councilman pebley~ recalling that a similar previous request had
occasioned a good deal of debate, asked if any of the interested organizations
had been notified that this subject would be discussed at this meeting.
The City Clerk advised that since this was not a public hearing,
there hadbeen no officihl notificati0n~to anyon~iother than the Petitioner.
Councilman Thom advised he had received phone calls regarding the
subject request and did not wish to take any action without a public hearing.
Councilman Pebley expressed a desire to have action on subject re-
quest taken by a full Council.
Mayor Pro Tem Pebley invited the Applicant to address the Council.
Robert Hirsch, 15233 Ventura Boulevard, Sherman Oaks, asked that
consideration be given to his request and asked that the requested Resolution
include a limitation to participation by persons at least 62 years of age
or handicapped.
Mr. Hirsch advised approval recently had been granted him by the
City of Long Beach for construction of a 230-unit development under the Fed-
eral Rent Supplement Program=and that two developments will be constructed
in Los Angeles in addition to the two already completed.
Mr. Hirsch advised the average occupant of their present develop-
ments is 72 years of age, with the bulk consisting of widows, 12% widowers,
4% handicapped, and less than 3% or 4% couples.
In answer to Councilman Clark, Mr. Hirsch advised he had no objec-
tion to a public hearing on his request.
Councilman Pebley recalled that a previous request involved a church
group and neither the City nor the schools would have benefitted by the tax
exemptions. Mr. Hirsch advised that his organization did not qualify for the
tax exemptions granted non-profit organizations.
Councilman Pebley asked if it would be possible to sell his develop-
ment to a church or other non-profit organization at a later date, thus making
the project tax exempt.
Mr. Hirsch suggested a restriction could be placed on the land pro-
hibiting any tax-abatement enterprise.
In answer to Councilman Stephenson, Mr. Hirsch advised his proposed
units would require a variance, allowing an average size of 600-square feet
per unit, to rent for approximately $160.00 per month. He further advised
occupancy would be limited to persons with incomes not over $300.00 per month,
and assets not over $5,000.00. Mr. Hirsch stated his proposed development
70-420
City Hall, Anaheim, C~lifornia - COUNCIL MINUTES - August 25, 1970~ 1:30 P.M.
w°~i~d meet City Code in all respects, except square footage.
On motion by Councilman Clark, seconded by Councilman Thom, the
City-Clerk was instructed to set public hearing on the subject request at
the first available date, specifically notifying the Apartment House Asso-
ciation, Anaheim Chamber of Commerce, Anaheim Board of Realtors, and Ana-
heim Senior Citizens organizations, and causing pertinent property to be
posted. MOTION CARRIED.
ENTERTAINMENT PERMIT: Application filed by Richard M. Coleman, on behalf of
Steak and Ale Restaurant of Los Angeles #2, Inc., for entertainment perm~.t
to allow a single guitarist from 8:00 P.M., to 1:30 A.M., nightly at Jolly
Ox, 950 Ox Road, was submitted and granted for a period of one year, sub-
ject to provisions of Chapter 4.18 of the Anaheim Municipal Code, as recom-
mended by the Chief of Police, on motion by Councilman Clark, seconded by
Councilman Thom. MOTION CARRIED.
PUBLIC DANCE PERMIT: Application filed by Mrs. Isabel A. Lopez, on behal'f of
Soeiedad Progresista Mexicana #24, for permit to conduct public dance
September 13, 1970, at Carpenters Hall, 608 West Vermont'Avenue, was sub-
mitted and granted subject to provisions of Chapter 4.16 of the Anaheim
Municipal Code, as recommended by the Chief of Police, on motion by Coun-
cilman Thom~ seconded by Councilman Clark. MOTION.CARRIED.
REQUEST - RECONSTRUCTION OF SIGN - 809 SOUTH EUCLID STREET: Request of George
R. Weiss, Jr., dated August 21, 1970, for authorization to reconstruct a
damaged, large non-conforming sign on his property at 809 South Euclid
Street, in the form of a smaller~ non-conforming sign was submitted, to-
gether with report of the Development Services Department.
Zoning Supervisor Charles Roberts advised ~he damaged sign on
subject property consisted of 157 square feet, 24 feet high; the proposed
non-conforming sign would be 40 square feet and 17 feet in height, and that
the setback proposed is 5 feet, whereas Code requires a 53-foot setback
from the property line. Mr. Roberts pointed out that subject property con-
sists of one parcel of land with two business establishments, each with its
own free-standing sign. He advised that under the existing ordinance only
one free-standing sign would be allowed; however, the signs existing at the
time the ordinance was passed were allowed to remain until the owner desired
to either put up an additional sign or replace the old one.
The City Attorney advised an existing non-conforming sign could
not be altered or repaired structurally without approval of the City Coun-
cil.
Councilman Pebley moved to authorize the Applicant to construct
the requested 40-square foot, 17-foot high, non-conforming sign. Council-
man Thom seconded the motion.
Noting that the Applicant was not present at the meeting, the
City Clerk read the Applicant's letter request to the Council.
Councilman Clark requested subject petition be held over for o~e
week to allow the ApPlicant to be present to further explain the "political
pressure exerted" reference in his letter..
Councilman Pebley withdrew his motion, Councilman Thom withdrew
his second.
By general Council consent, subject request was deferred to Sep--
tember 1, 1970, as requested by Councilman Clark.
RESOLUTION NO. 70R-422 ' WORK ORDER NO. 596-A: In accordance with recommenda-
tions of the City Engineer,:'Councilman Clark Offered Resolution No. 70R-
422 for adoption.
Refer to Resolution Book.
70-421
City Hall, Anaheim, California - COUNCIL MINUTES - AuKust 25, 1970, ~...;30 P.M.~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED
PROPOSAL A~{D AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTA'C~2f~i!', INCLUDING POWER, FUEL AND WATER, AND PERFORM-
ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM-
PROVEMENT: THE IMPROVEMENT OF PORTIO~.S OF BROADWAY AND ORANGE AVENUE, IN
THE CITY OF ANAHEIM, WORK ORDER NO. 59~-A. (John W. Tiedemman Co.-$4,367.60)
Roll Call Vote:
AYE S: COUNCILMEN:
NOES: COUNC ILM~N:
AB SENT: COUNCILMEN:
Clark, Stephenson, Thom and Pebley
None
Dutton
The Mayor Pro Tem declared Resolution No. 70R-422 duly passed and
adopted.
RESOLUTION NO. 70R-423 - AWARD OF WORK ORDER NO. 1224: In accordance with recom-
mendations of the City Engineer, Councilman Thom offered Resolution No. 70R-
42~3 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
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 MIRALOMA AVE~dE SEWER IMPROVEMEWr FROM APPROXIMATELY 880
FEET EAST OF JEFFERSON STREET TO JEFFERSON STREET, IN THE CITY OF ANAHEIM,
WORK ORDER NO. 1224. (De Leon Construction Company - $9,603.00)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Clark, Stephenson, Thom and Pebley
None
Dutton
The Mayor Pro Tem declared Resolution No. 70R-423 duly passed anfi
adopted.
RESOLUTION NO. 70R-424 - WORK ORDER biO. 599-A:
tion No. 70R-424 for adoption.
Councilman Clark offered Resol~.-
Refer to Resolution Boo~k.
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 ~IT: FURNISHING AND INSTALLING
TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF LA PALMA AVENUE
AND OLIVE STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 599-A. APPROVING
THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUQ-
TION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN
ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DI-
RECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR
THE CONSTRUCTION THEREOF. (Bids to be Opened - September 17, 1970, 2:00 P.M.)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Clark, Stephenson, Thom and Pebley
None
Dutton
The Mayor Pro Yem declared Resolution No. 70R-424 duly passed and
adopted.
70-422
City Hall,' Anaheim, California - COUNCIL MINUTES - AuKust 25, 1970, 1:30 P.M~
PURCHASE OF EQUIPMENT - OIL CIRCUIT BREAKERS: The City Manager reported on
formal bids received for the purchase of 2 - 14.4 KV Oil Circuit Breakers,
as follows:
VENDOR
TOTAL AMOUNT, INCLUDING TAX
General Electric Company, Los Angeles ...... $12,941.25
Westinghouse Electric, Los Angeles ..... 28,609.35
Allis-Chalmers, Los Angeles ............ 5,591.25-Partial
On recommendation of the City Manager, Councilman PebleY moved
that the low bid of General Electric be accepted and purchase authorized
in the amount of $12,941.25, including tax. Councilman Thom seconded the
motion. MOTION CARRIED.
PURCHASE OF EQUIPMENT - CONCRETE CYLINDER PIPE: The City Manager reported on
informal .bids received for the purchase of 355 feet of 21-inch Concrete
Cylinder~Pipe, as follows: '
VENDOR
TOTAL AMOUNT, INCLUDING TA__X
United Concrete Pipe, Riverside .......... $7,455.00
American Concrete Pipe, Azusa ............ 7,883.66
On recommendation of the City Manager, Councilman Pebley moved
that the low bid of United Concrete Pipe be accepted and purchase author--
ized in the amount of $7,455.00, including tax. Councilman Thom seconde~i
the motion. MOTION CARRIED.
PURCHASE OF EQUIPMENT- METAL STORAGE BUILDINGS: The City Manager reported on
informal bids received for the purchase of 18 Metal Storage Buildings, a~
follows:
VENDOR
TOTAL AMOUNT~__INCLUDING TAX
Pressel Brothers, Anaheim ..........
Capitol Enterprises, Monrovia ........
$4,630.50
-4,725.00
On recommendation of the City Manager, Councilman Pebley moved
that the low bid of Pressel Brothers be accepted and purchase authorized
in the amount of $4,630.50, including tax. Councilman Thom seconded the
motion. MOTION CARRIED.
PURCHASE OF EQUIPMENT - TURF VAC: The City Manager reported on the recommended
purchase of 2 Turf Vacs and advised that the one manufacturer, Turf Vac
Corporation, has submitted a quotation for said equipment in the amount
of $7,257..00, including tax, after trade-in allowance of $660.00 on one
Turf Vac. He thereupon recommended the purchase be authorized.
On motion by Councilman Pebley, seconded by Councilman Thom,
purchase from Turf Vac Corporation of 2 Turf Vacs, with one trade-in,in
the amount of $7,257.00, including tax, was authorized. MOTION CARRIED.
CLAIMS AGAINST THE CITY: The following claims were denied, as recon~ended by
the City Attorney, and ordered referred to the insurance carrier, on motion
by Councilman Clark, seconded by Councilman Stephenson:
a. Claim filed by B. Lou Lamoreaux, Attorney, on behalf of
Joseph and Patricia Chingari, for purported personal injury damages sus-
tained on or about May 30, 1970.
b. Claim ~iled by Mrs° Mary C. Ard, for purported personal in-
jury damages sustained on or about July 21, 1970.
c. Claim filed by Joseph R. Giamboi, owner of E1 Rancho Pbtel.
2650 West Lincoln Avenue, for purported personal property damages sustained
on an undetermined date by Anaheim Police Officers in the performance of
their duty.
MOTION CARRIED.
70-423
City Hall, Anaheim,.Califor~ia - COUNCIL MINUTES - August 25, 1970, 1:30 P.M.
CORRESPONDENCE: On motion by Councilman Thom, seconded by Councilman Clark, the
~e~i~gc, orrespondence was ordered received and filed, and the City Clerk
was instructed to arrange a'join~ meeting~ of the'City'CoUncil Nnd .the'.Afia-
helm Public Library Board, preferably on a Tuesday morhing, to review the
goals of the Library Department as requested'in the'Anaheim'Public Library
Board rePort, and to discuss the possible location of the Mother Colony
House Museum near the Central Library.
a. Minutes - Orange County Mosquito Abatement District - July
31, 1970.
b. Report - Anaheim Public Library Board - Fiscal Year of 1969-
1970.
c. Orange County Board of Supervisors - Ordinance No. 2409 - Regu-
lating outdoor gatherings.
MOTION CARRIED.
ORDINANCE NO. 2849: Councilman Clark offered Ordinance No. 2849 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI-
CIPAL CODE RELATING TO ZONING. (63-64-28 - R-3)
Roll Call Vote:
AYE S: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Clark, Stephenson, Thom and Pebley
None
Dutton
The Mayor Pro Tem declared Ordinance Ne. 2849 duly passed and adopted.
ORDINANCE NO. 2850: Councilman Clark offered Ordinance No. 2850 for first read-
ing.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI-
CIPAL CODE RELATING TO ZONING. (70-71-2 - C-2)
ORDINANCE NO. 2851:
lng.
Councilman Thom offered Ordinance No. 2851 for first read-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SEQTION
7.16.120 OF THE ANAHEIM MUNICIPAL CODE. (Possession of Intoxicating Liquor -
Places Restricted.)
ORDINANCE NO. 2852: Councilman Clark offered Ordinance No. 2852 for first read-
ing.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI-
CIPAL CODE RELATING TO ZONING. (69-70-62 - R-3)
ORDINANCE NO. 2853 - PROPERTY TAXES: Discussion was held on the need for addi-
tional revenue to meet the City of Anaheim Budget requirements. On advice
of the City Manager, it was determined that the proposed property tax rate
of $1.05 on each $100.00 assessed valuation would meet the requirements of
the operating Budget approved by the City Council on June 30, 1970, although
additional sources of revenue may be necessary to meet capital improvement
requirements.
Councilman Thom offered Ordinance No. 2853 for adoption. Said Or-
dinance was read in full by the City Clerk.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM FIXING AND LEVYING A PROPERTY TAX ON
ALL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF ANAHEIM FOR THE
FISCAL YEAR 1970-71. ($1.05 on each $100.00 Assessed Valuation.)
70-424
City Hall, Anaheim, California - COUNCIL MINUTES - AuKust 25, 1970, 1:30 P.M.
Roll Call Vote:
AYE S: COUNC IL~5~ii~'i:
NOES: COUNCILM~:
ABSENT: COUNCILMEN:
Clark, Stephenson, Thom and Pebley
None
Dutton
The Mayor Pro Tem declared Ordinance No. 2853 duly passed and
adopted.
BUDGET DISCUSSION - LONG-RANGE CAPITAL IMPROVEMENTS: The City Manager advised
the projected Capital Improvement requirements over the next five years
amount to approximately $78,000,000.00, whereas the Operating Budget, ap-
proved by the City Council on June 30, 1970, provides for only $5,000,000.00
for Capital Improvements, thus, additional sources of revenue may be neces-
sary.
The Council agreed to meet at 8:00 A.M. on Tuesday, September 1,
1970, to discuss long~range Capital Improvements and the necessary funds
to meet these requirements.
CONTINUED PUBLIC HEARING - TEXACO, INC. FRANCHISE: To grant a franchise to
Texaco, Inc., to install, operate and maintain pipelines for the transpor-
tation of oil, gas, gasoline, petroleum, wet gas, hydrocarbon substances,
water, and waste water in, under and across all public streets and high-
ways now or hereafter dedicated to public use in the City of Anaheim.
Public hearing was scheduled August 4, 1970, and continued to
August 18, 1970, to obtain additional information regarding expected reve-
nues from such franchise agreement. On August 18, 1970, public hearing
was continued to this date to allow reports to be analyzed.
The City Engineer reported the proposed franchise involves crude
oiLlines that have been installed approximately 47 years.
Mr. Maddox advised investigation revealed the following facts:
a. Garden Grove, Stanton, Los Alamitos and Los Angeles County
have executed agreements with Texaco, Inc. within the last two years at
the same remuneration as proposed to Anaheim of one-half cent per internal
nominal diameter of pipe.
b. Santa Ana has no franchise.
c. Fullerton has an agreement for 2% of gross annual receipts
from activity through these pipelines. Since there is no gross revenue
from this crude oil transportation, Fullerton receives a token payment
of $142.00 per year.
d. Westminster's agreement calls for the same revenue as pro-
posed to Anaheim, or 2% of the gross revenue, whichever is larger.
e. Los Angeles City receives 44~ per cubic foot downtown, and
22¢ per cubic foot in outlying areas, which amounts to a little over $600.00
per year.
Mr~ Maddox advised revenues to the City from the proposed fran-
chise would amount to $449.88 per year, for the next 40 years.
In' answer to Councilman Clark, Mr. Maddox advised all expenses
incurred in connection with these pipelines would be paid by Texaco, Inc.
and that Texaco, Inc. has agreed to pay all advertising costs connected
with the franchise agreement.
Councilman Pebley inquired about the necessity of the franchise
agreement being for 40 years. The City Attorney advised all terms of the
franchise agreement, including time period, were subject to approval of
the Council, but added the general rule is that the agreement should be
reasonable and in the best public interest and should generate sufficient
remuneration to pay for inconveniences.
70-425
City Hall, Anaheim, California - COUNCIL MINUTES - August 25, 1970, 1:30 P.M.
Councilman Pebley stated he would prefer a 5-year agreement.
City Manager Keith A. Murdoch suggested a 25'year agreement might
be more appropriate, in view of the expense involved in preparing the neces-
sary documents.
On recommendation of the City Manager, the Council ordered the pro-
posed franchise agreement wording to be changed to read "Exhibit A on file,"
rather than "Exhibit A, which is attached hereto," thus eliminating the added
expense of publishing the maps included in Exhibit A.
Mayor Pro Tem Pebley asked if a representative of Texaco, Inc. wished
to address the Council.
Bob Richards, Right-of-Way Agent for Texaco, Inc., advised that his
company had initiated the increase in revenue to the City of Anaheim from the
former amount of $88.00 per year, to conform with compensation being extended
to other cities in the area.
Councilman Clark asked what would result if the City of Anaheim did
not execute the subject franchise agreement.
Mr. Richards advised that the franchise granted by Orange County
expires in 1973, and includes those, areas subsequently annexed to'the City
of Anaheim.
The City Attorney advised if the Orange County agreement did, in
fact, include the City of Anaheim and Anaheim did not sign a franchise agree-
ment with Texaco, Inc., that company would not have to remove its lines from
Anaheim until 1973 and the City would continue to receive $88.00 per year un-
til the agreement expired.
Councilman Pebley suggested a 25-year franchise agreement at the same
rate as the City of Los Angeles would be more appropriate, which rate, accord-
ing to City Engineer James P. Maddox would amount to a total of $644.83 an-
nually.
Mr. Richards advised he would have to request a continuance if the
City Council was not satisfied with the proposed franchise agreement, since
he was not authorized to make any changes at this time.
Mayor Pro Tem Pebley asked if anyone else wished to address the City
Council; there being no response, declared the hearing closed.
ORDINANCE NO. 2854: Councilman Stephenson offered Ordinance No. 2854 for first
reading as corrected during Council discussion.
AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING A FRANCHISE TO TEXACO, INC. TO
INSTALL, OPERATE AND MAINTAIN PIPE LINES FOR THE TRANSPORTATION OF OIL, GAS,
GASOLINE, PETROLEUM, WET GAS, HYDROCARBON SUBSTANCES, WATER AND WASTE WATER
IN, UNDER AND ACROSS ALL PUBLIC STREETS AND HIGHWAYS NOW OR HEREAFTER DEDI-
CATED TO PUBLIC USE IN THE CITY OF ANAHEIM.
RESOLUTION NO. 70R-425 - PROPOSED ABANDONMENT: Councilman Clark offered Resolu-
tion No. 70R-425 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION
TO VACATE CERTAIN REAL PROPERTY AND FIXING A DATE FOR HEARING THEREON. (69-
36A - Public Hearing, September 15, 1970, 1:30 P.M. Utility Easement, Ball
and Ox Roads.)
Roll Call Vote:
70-426
City Hall, Anaheim, California-- COUNCIL MINUTES - AuKust 25, 1970, 1:30 P.M.
AYES: COUNCILMEN: Clark, Stephenson, Thom and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Dutton
The Mayor Pro Tem declared Resolution No. 70R-425 duly passed
and adopted.
RESOLUTION NO. 70R-426 - FEDERAL FLOOD DAMAGE RELIEF: Councilman Clark offered
Resolution No. 70R-426 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE
EXECUTION AND FILING OF AN APPLICATION FOR CERTAIN FEDERAL ASSISTANCE
UNDER THE FEDERAL DISASTER RELIEF ACT OF 1969.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
AB SEN~r: COUNCILMEN:
Clar~, Stephenson, Thom and Pebtey
None
Dutton
The Mayor Pro Tem declared Resolution Noo 70R-426 duly passed
and adopted.
COM~JNITY CULTURAL ARTS CENTER - HORACE MANN SCHOOL: The City Manager advised
a request had been received from the Cultural Arts Commission for an indi-
cation from the Council of what the City of Anaheim could provide in the
way of financial assistance and maintenance for the proposed use of Horace
Mann School as~a Community Cultural Arts Center. Mr. Murdoch stated Copies
of the request from the Cultural Arts Commission would be made available
to the Council for discussion at the September 1, 1970 meeting, at which
time representatives from the Commission would be present.
Mr. Murdoch advised that costs of bringing the Horace Mann School
up to requirements were estimated to be approximately $90,000.00, but in
any case would not exceed $100,000.00. Mr. Murdoch further advised vario~xs
groups had indicated a desire to provide some small financial assistance,
work parties, and things ef that nature, and thus contributing organizations
possibly could provide all the necessary furnishings.
With regard to maintenance of the building, Mr. Murdoch suggested
the Cultural Arts Commission, as an advisory board, could outline for Coun-
cil consideration policies under which the building would be operated, set
up the basis for determining priorities of use and things of that nature,
with the actual operation of the building the'responsibility of an operat-
ing division of the City, such as the Parks and Recreation Department.
MINI-BIKE PARK: The City Manager reported that the Orange County Board of Su-
pervisors had inquired if the City of Anaheim would be interested in operat-
ing a Mini-Bike Park on County-owned property on a temporary basis, since
the Honda Company had chosen an alternate sits for their proposed Mini-Bike
Park, one in which the City of Anaheim would not be involved.
The Council ~nstructed the City Manager to advise the Orange
County Board of Supervisors the City of Anaheim has no interest in operat-
ing a Mini-Bike Park on said property.
DELEGATES - LEAGUE OF CALIFORNIA CITIES CONFERENCE: On motion by Councilman
Clark, seconded by Councilman Thom, Mayor Dutton was appointed Delegate,
and Mayor Pro Tem Pebl'ey Alternate Delegate to the League of California
Cities Annual Conference at San Diego, October 25 - 28, 1970o MOTION
CARRIED.
TRUCK TRAFFIC POSTING - SUNKIST STREET: Councilman Thom introduced a letter
request from Stuart D. Noble, that Sunkist Street from Ball Road to La
Palma Avenue be posted limiting truck weights to 6,000 pounds.
70-427
City Hall, Aqaheim, California- COUNCIL MINUTES- Au~zs[ 25, 1970 !:30 P.M.
Mr. Noble's letter indicated a previous similar request, forwarded
to the Traffic Department, had been refused.
COuncilman Thom invited Mr. Noble to address the Council.
Stuart D. Noble, 2526 Whidby Lane, stated residents i~ the area of
Su~ist Street feel trucks traveling along that street create a traffic prob-
lem which will be greatly compounded when Freeway construction is begun, neces-
sitating posting of that street. They asked that the street be posted now to
limit truck weights to 6,000 pounds since they would like to avoid the street
beimg used by trucks during Freeway construction.
The City Attorney advised only trucks traveling through Anaheim on
their way from one city to another can be forced to use certain streets; in the
case of trucks traveling within the boundaries of a city they are allowed by
law to use the most desirable route.
Further discussion of the request of Mr. Noble was deferred to such
time as reports on the subject could be obtained from the Traffic Engineer.
RECESS - EXECUTIVE SESSION: At the request of the City Manager, Councilman Pebley
moved to recess to Executive Session, for the purpose of reviewing progress
on meeting and conferring with various employee organizations. Councilman
Thom seconded the ~otion. MOTION CARRIED. (4:45 P.M.)
AFTER RECESS: Mayor Pro Tem Pebley called the meeting to order, all members of the
City Council be!~ p~msent, with the exception of Councilman Dutton. (5:09 P.M.).
ADJOUR~NT: CoUucilmam Clark moved to adjourn to Tuesday, September 1, 1970, 8:00
A.M. Councilman Thom seconded the motion. MOTION CARRIED.
ADJOURNED: 5:10 P.M.
Signed ..... ~...~, ~
~ City Clerk