1977/05/1077-526
~ity Hall..~. Anaheim, California - COUNCIL MINUTES - May 10~ 1977~ 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
COUNCIL MEMBERS: None
ASSISTANT CITY MANAGER: William T. Hopkins
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
PARKS, RECREATION AND ARTS DIRECTOR: James Ruth
STADIUM-CONVENTION CENTER-GOLF DIRECTOR: Tom Liegler
ASSISTANT PLANNING DIRECTOR - ZONING: Annika Santalahti
PERSONNEL DIRECTOR: Garry McRae
TRAINING AND BENEFITS MANAGER: Tom Tyre
ASSISTANT CITY ENGINEER: William Devitt
PUBLIC INFORMATION OFFICER: Ken Clements
TRAFFIC ENGINEER: Paul Singer
Mayor Thom called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Reverend Jim Kasper of the Melodyland Hotline Center gave the
Invocation.
FLAG SALUTE: Councilwoman Kaywood led the assembly in the Pledge of Allegiance
to the Flag.
SPECIAL RECOGNITION: Mrs. Marguerita Maes, School Community Liason, presented to
the Council Miss Miramontes from Anaheim High School and Miss Blanco from
Fremont Junior High School, 1977 Senior and Junior Cinco de Mayo Queens selected
at the recent Cinco de Mayo Festival April 30 and May 1, 1977. Subsequently,
Mayor Thom presented flowers and the symbolic replica of the Big "A" scoreboard
to both ladies as the City's expression of congratulations. Mrs. Maes and Mr. Joel
Guerena, Fiesta Coordinator, were also presented with plaques on behalf of the City
for their meritorious service and efforts in presenting the annual Cinco de Mayo
Festival.
PRESENTATION: Mr. Joel Guerena presented a plaque on behalf of the Parent's Advisory
Committee of Fremont Jr. High School and Anaheim High School to the City of Anaheim,
the Parks, Recreation and the Arts Department, and the Explorers of the Anaheim
Police Department in appreciation for the cooperation and assistance given in making
the Cinco de Mayo Festival a success.
PROCLAMATIONS: The following proclamations were issued by Mayor Thom and approved
by the City Council:
"National Hospital Week in Anaheim" - May 8-14, 1977
"Foster Parent Recognition Week"- May 15-21, 1977
"Police Week in Anaheim" - May 15-21, 1977 and
"Peace Officers' Memorial Day" - May 15, 1977
"Municipal Clerk's Week" - May 9-15, 1977
77-526
City Hall~ Anaheim, California - COUNCIL MINUTES - May. 10~ 1977~ 1:30 P.M.
RESOLUTION OF COMMENDATION: A Resolution of Commendation to American Legion
Post No. 72 on their endeavors in "Law and Order Night," to be held Saturday,
May 14, 1977, was unanimously adopted.
MINUTES: On motion by Councilman Thom, seconded by Councilman Kott, minutes of
the Anaheim City Council regular meetings held March 8 and 15, 1977, were approved
subject to typographical corrections on the minutes of March 15, 1977. Councilman
Roth abstained from voting on the minutes of March 8, 1977 since he was not in
attendance. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood 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 Council Members unless, after
reading of the title, specific request is made by a Council Member for the read-
ing of such ordinance or resolution. Councilman Roth seconded the motion. MOTION
UNANIMOUSLY CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,546,087.51, in accordance
with the 1976-77 Budget, were approved.
150: LAND AND WATER CONSERVATION FUNDS, OAK CANYON NATURE CENTER~ PmLANCONI AND
RIVERDALE PARKS: Councilman Kott offered Resolution Nos. 77R-326 through 77R-328,
both inclusive, for adoption as recommended in memorandum dated May 3, 1977 from
Parks, Recreation and Arts Director James Ruth. Refer to Resolution Book.
RESOLUTION NO. 77R-326: A RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF ANAHEIM
APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE OAK CANYON
NATURE CENTER IMPROVEMENT PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
APPLICATION ON BEHALF OF THE CITY OF ANAHEIM.
RESOLUTION NO. 77R-327: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE PELANCONI
PARK DEVELOPMENT PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID APPLICA-
TION ON BEHALF OF THE CITY OF ANAHEIM.
RESOLUTION NO. 77R-328: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE RIVERDALE
PARK DEVELOPMENT PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID APPLICA-
TION ON BEHALF OF THE CITY OF ANAHEIM.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Resolution Nos. 77R-326 through 77R-328, both inclusive, duly
passed and adopted.
77-527
City Hall~ Anaheim, California - COUNCIL MINUTES - May 10~ 1977~ 1:30 P.M.
150: PARK DEVELOPMENT FUNDING ~SB-174) PHASE II~ PERALTA CANYON PARK: Council-
woman Kaywood offered Resolution No. 77R-329 for adoption as recommended in memo-
randum dated May 3, 1977 from the Parks, Recreation and the Arts Director. Refer
to Resolution Book.
RESOLUTION NO. 77R-329: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE APPLICATION FOR FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN-SPACE AND
RECREATION PROGRAM ACT (S.B. 174) FOR PHASE II DEVELOPMENT OF PERALTA CANYON PARK
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID APPLICATION ON BEHALF OF THE CITY
OF ANAHEIM.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Resolution No. 77R-329 duly passed and adopted.
150: GYMNASIUM/MULTI-PURPOSE RECREATION CENTERS AT DALE AND SYCAMORE JUNIOR HIGH
SCHOOLS: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, staff
was instructed to prepare a cooperative agreement with Anaheim Union High School
District to build two gymnasium/multi-purpose recreation centers at Dale and Sycamore
Junior High Schools, as outlined in memorandum dated May 2, 1977 from the Parks,
Recreation and Arts Director. MOTION CARRIED.
153: PART-TIME JOB CLASSIFICATION - SHOW WAGON OPERATOR: Councilman Seymour
offered Resolution No. 77R-330 for adoption as recommended in memorandum dated
May 4, 1977 from Personnel Director Garry McRae. Refer to Resolution Book.
RESOLUTION NO. 77R-330: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING RESOLUTION NO. 77R-156 AND ESTABLISHING A NEW CLASSIFICATION AND RATE
OF PAY. (effective April 26, 1977)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Resolution No. 77R-330 duly passed and adopted.
123: EMPLOYEE HEALTH BENEFITS PROGRAM, H.M.O. OPTIONS: Councilwoman Kaywood asked
staff relative to one of the proposed resolutions authorizing an agreement with the
Kaiser Foundation Health Plan if Kaiser had confirmed that they were going to build
a hospital in Orange County since it was promised 10 years ago.
Personnel Director McRae and Tom Tyre, Training and Benefits Manager, spoke to the
matter and indicated the only commitment Kaiser made was relative to their facility
in Garden Grove. However, it was explained by one of Kaiser's sales representatives,
a 10-year plan called for two hospitals in Orange County.
77-528
~ity Hall~ Anaheim, California - COUNCIL MINUTES - May 10p 1977~ 1:30 P.M.
Councilman Kott stated that he did not consider any of the plans to be excellent
or near excellent, they were socialized plans and anti free-enterprisg and they
would not promote excellence in health services but instead mediocrity. It was
his opinion they were not beneficial for the employees of the City or the private
sector and encouraged a "No" vote on the proposed agreements.
Councilman Seymour offered Resolution Nos. 77R-331 through 77R-333, both inclusive,
for adoption as recommended in memorandum dated May 3, 1977 from the Personnel
Director. Refer to Resolution Book.
RESOLUTION NO. 77R-331: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING A LETTER AMENDMENT DATED APRIL 20, 1977 WITH CALIFORNIA MEDICAL GROUP
HEALTH PLAN, INC. PERTAINING TO THE HEALTH SERVICES TO EMPLOYEES AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE SAID LETTER AMENDMENT.
RESOLUTION NO. 77R-332: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING AN AGREEMENT WITH GENERAL MEDICAL CENTERS HEALTH PLAN PERTAINING TO
HEALTH SERVICES FOR EMPLOYEES, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
SAID AGREEMENT.
RESOLUTION NO. 77R-333: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING AN AGREEMENT WITH KAISER FOUNDATION HEALTH PLAN, INC. PERTAINING TO
HEALTH SERVICE FOR EMPLOYEES, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
SAID AGREEMENT.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom
NOES: COUNCIL MEMBERS: Kott
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 77R-331 through 77R-333, both inclusive, duly
passed and adopted.
METROPOLITAN WATER DISTRICT LEASE AND PACIFIC AMERICAN PROPERTIES, INC. LICENSE:
Councilman Kott offered Resolution Nos. 77R-334 and 77R-335 for adoption as recom-
mended in memorandum dated April 28, 1977 from the City Engineer authorizing a
lease with Metropolitan Water District of Southern California and acceptance of a
letter lease from Pacific American Properties, Inc., for a proposed communication
microwave repeater tower to be constructed on the District's Santiago Control Tower
site located on the north side of Esperanza Road, east of Imperial Highway for a
30-year term and for ingress and egress thereto. Refer to Resolution Book.
RESOLUTION NO. 77R-334: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF A LEASE WITH THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA; AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE SAID LEASE ON BEHALF OF THE CITY OF ANAHEIM. (Microwave Repeater Tower
Site)
RESOLUTION NO. 77R-335: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ACCEPTING A LICENSE FROM PACIFIC AMERICAN PROPERTIES, INC. FOR USE OF A ROADWAY
FOR INGRESS AND EGRESS FROM ESPERANZA ROAD TO THE CITY OF ANAHEIM'S MICROWAVE
REPEATER TOWER SITE.
77-529
City Hall, Anaheim~ California - COUNCIL MINUTES - May 10~ 1977~ 1:30 P.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Resolution Nos. 77R-334 and 77R-335 duly passed and adopted.
123: ADVERTISING ON STRUCTURES AT ANAHEIM CONVENTION CENTER: Mr. Tom Liegler,
Stadium-Convention Center-Golf Director briefed the Council on his report, dated
April 29, 1977 relative to a proposed new agreement negotiated with the California
Milk Producers Advisory Board through May 31, 1978 at an increased rate from
$123,000 to $142,000 plus. He explained although the program was a sales effort
by a number of people, Mr. Ed Stotereau, Convention Center Operations Manager,
was primarily responsible.
Councilman Seymour congratulated Mr. Liegler and his staff on the agreement.
Councilman Kott offered Resolution No. 77R-336 for adoption as recommended in re-
port dated April 29, 1977 from the Stadium-Convention Center-Golf Director. Refer
to Resolution Book.
RESOLUTION NO. 77R-336: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AUTHORIZING THE EXECUTION BY THE DIRECTOR OF THE ANAHEIM CONVENTION CENTER OF AN
AGREEMENT WITH THE CALIFORNIA MILK PRODUCERS ADVISORY BOARD FOR ADVERTISING ON
STRUCTURES AT THE ANAHEIM CONVENTION CENTER.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Resolution No. 77R-336 duly passed and adopted.
Councilman Roth asked for an update on the advertising for the Big "A" Scoreboard.
Mr. Liegler explained that 120 days remained of the present 180-day contract with
Jack K. Samuels to find a major advertiser for the scoreboard. As a result he
stated that they had 4 or 5 excellent prospects of national scope and an announce-
ment would be forthcoming shortly.
101: ROCK CONCERT AT ANAHEIM STADIUM: In answer to Councilman Seymour, Mr. Liegler
explained that the Pink Floyd Concert at the Stadium on May 6 and 7, 1977 generated
over $15,000 from the parking lot for each event, along with excellent gross admissions
for a net profit of well over $100,000.
123: REIMBURSEMENT FOR SPECIAL WATER FACILITIES~ TRACT NO. 9466: (Eastridge
Estates II) Councilman Roth offered Resolution No. 77R-337 for adoption as recom-
mended in memorandum dated April 29, 1977 from the Utilities Director. Refer to
Resolution Book.
77-530
City ..Hall, Anaheim, California- COUNCIL MINUTES- May 10~ 1977~ 1:30 P.M.
RESOLUTION NO. 77R-337: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING AN AGREEMENT WITH EASTRIDGE ESTATES II IN CONNECTION WITH THE REIMBURSE-
MENT OF PRIOR ADVANCES FOR SPECIAL WATER FACILITIES TO SERVE TRACT 9466, AND TO
AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEbiENT.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Resolution No. 77R-337 duly passed and adopted.
139: SUPPORT OF AB 1265: Councilman Kott asked staff how the proposed legisla-
tion fit into the City Charter.
City Attorney Hopkins explained that the proposed legislation did not present a
problem relative to the City Charter; the Brown Act being the primary concern in
this case wherein the Act included a definition of an employee but did not include
the various appointed commissions. It did, however, permit managers, department
heads and city attorneys to be discussed in Executive Session.
The Mayor asked for clarification of the Brown Act wherein it now provided that
matters pertaining to personnel and litigation could be considered in Executive
Session.
Mr. Hopkins stated that litigation was covered by two provisions--litigation
exception and attorney-client privilege--but technically under the Brown Act, an
employee could be discussed in Executive Session. He reiterated that the present
definition excluded appointed commission members and peopl~ not in the category
of an employee.
Councilwoman Kaywood was of the opinion that the Bill would encourage people to
apply for positions to serve on commissions because it eliminated the possibility
of being turned down in public. She thereupon moved that support of AB 1265 and
any similar legislation permitting City Councils to consider the appointment of
all officers and employees in Executive Sessions be approved as recommended in
memorandum dated May 4, 1977 from David Latshaw, Legislative Analyst. Councilman
Roth seconded the motion. MOTION CARRIED.
139: OPPOSITION TO AB 155~ SB 228 AND SB 555: On motion by Councilwoman Kaywood,
seconded by Councilman Kott, opposition to AB 155, SB 228 and SB 555 and any other
similar legislation that would shift liability for occupational disease and cumula-
tive injury from insurance carriers to self-insurers, was approved as recommended
in memorandum dated May 4, 1977 from the Legislative Analyst. MOTION CARRIED.
106 AND 174: SCHEDULE OF FEDERAL REVENUE SHARING AND CITY BUDGET HEARINGS: On
motion by Councilman Thom, seconded by Councilman Roth, the schedule of Federal
General Revenue Sharing hearings for May 24 and June 14, 1977, at 3:00 p.m., and
City Budget hearing for June 7, 1977, at 3:00 p.m., was approved as recommended in
memorandum dated April 29, 1977 from Ron Rothschild, Senior Administrative Analyst.
MOTION CARRIED.
77-531
City Hall~ Anaheim, California - COUNCIL MINUTES - May 10, 1977~ 1:30 P.M.
174: ORANGE COUNTY HOUSING AUTHORITY (OCHA~ APPLICATION: On motion by Council-
man Thom, seconded by Councilman Roth, authorization for a letter of approval for
OCHA Application for 49 units of existing housing specifically for the disabled
was approved, as recommended by the Executive Director in his memorandum dated
May 3, 1977. MOTION CARRIED.
112: CONSTITUTIONAL CHALLENGE TO FEDERAL UNEMPLOYMENT TAXES ON CITIES, COUNTIES
AND STATES: City Attorney Hopkins briefed the Council on his report dated May 2,
1977 wherein he explained that the National Institute of Municipal Law Officers
(NIMLO) invited Anaheim to participate in litigation challenging the Federal Un-
employment Compensation Amendment of 1976 requiring all State and Local governments
to pay Unemployment Compensation Benefits to its employees.
On motion by Councilman Thom, seconded by Councilwoman Kaywood, the City's partici-
pation in litigation with NIMLO challenging Federal Unemployment Taxes on Cities,
Counties and States at a cost of $7,500, to be appropriated from the Council Contin-
gency Fund, was approved. MOTION CARRIED.
Councilman Thom offered Resolution No. 77R-338 for adoption authorizing an agree-
ment with NIMLO for participation in the Federal Unemployment Compensation Tax
Litigation. Refer to Resolution Book.
RESOLUTION NO. 77R-338: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH THE NATIONAL INSTITUTE
OF MUNICIPAL LAW OFFICERS (NIMLO) FOR LITIGATION EXPENSES INVOLVING FEDERAL UN-
EMPLOYMENT COMPENSATION LAWS AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
SAID AGREEMENT.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Resolution No. 77R-338 duly passed and adopted.
108: PUBLIC DANCE HALL PERMIT: Submitted by Donald L. Shafer for the Marquis
Cocktail Lounge, 1203 West Lincoln Avenue, for dancing Sunday through Saturday,
9:00 a.m. through 2:00 a.m. (continued from May 3, 1977). The Applicant submitted
an addendum to his application indicating dancing would take place between the
hours of 4:00 p.m. and 2:00 a.m. Also submitted was a report dated May 9, 1977,
from the City Attorney regarding the subject application.
On motion by Councilman Roth, seconded by Councilman Kott, Public Dance Hall Permit
submitted by Donald L. Shafer for the Marquis Cocktail Lounge for dancing Sunday
through Saturday, 4:00 p.m. to 2:00 a.m., was approved. MOTION CARRIED.
167: AWARD OF WORK ORDER NO. 802-A~ MODIFICATION AND INSTALLATION OF PEDESTRIAN
SIGNAL INDICATIONS: Councilman Kott offered Resolution No. 77R-339 for adoption
awarding a contract in accordance with the recommendations of the City Engineer.
Refer to Resolution Book.
77-532
City Hall~ Anaheim, California- COUNCIL MINUTES- May 10~ 1977~ 1:30 P.M.
RESOLUTION NO. 77R-339: 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 EQUIP-
MENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT: MODIFICATION AND INSTALLATION OF PEDESTRIAN SIGNAL INDICATIONS
AT VARIOUS LOCATIONS, IN THE CITY OF ANAHEIM, WORK ORDER NO. 802-A. (C.T.& F.,
Inc., $14,600)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Resolution No. 77R-339 duly passed and adopted.
169: AWARD OF WORK ORDER NO. 804-A, RIO VISTA STREET STREET IMPROVEMENT: Council-
man Roth offered Resolution No. 77R-340 for adoption awarding a contract in accor-
dance with the recommendations of the City Engineer. Refer to Resolution Book.
RESOLUTION NO. 77R-340: 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 EQUIP-
MENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT: RIO VISTA STREET STREET IMPROVEMENT, S/O LINCOLN AVENUE, IN THE
CITY OF ANAHEIM, WORK ORDER NO. 804-A. (T. J. Crosby Company, $9,023.37)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Resolution No. 77R-340 duly passed and adopted.
169: AWARD OF WORK ORDER NO. 875~ SUNKIST STREET TRAILER PARKING BAYS: Councilman
Seymour offered Resolution No. 77R-341 for adoption awarding a contract in accor-
dance with the recommendations of the City Engineer. Refer to Resolution Book.
RESOLUTION NO. 77R-341: 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 EQUIP-
MENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT: SUNKIST STREET TRAILER PARKING BAYS, S/O SOUTH STREET AT JUAREZ
SCHOOL AND S/O WAGNER AVENUE AT GUINN SCHOOL, IN THE CITY OF ANAHEIM, WORK ORDER
NO. 875. (R. J. Noble Company, $11,151.83)
77-533
~ity Hall~ Anaheim~ California - COUNCIL MINUTES - May 10~ 1977~ 1:30 P.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott~ Roth and Thom
None
None
The Mayor declared Resolution No. 77R-341 duly passed and adopted.
164: WORK ORDER NO. 1273,. TIMKEN ROAD/COYOTE LANE SEWER IMPROVEMENT: On motion
by Councilwoman Kaywood, seconded by Councilman Roth, award of Work Order No. 1273
was continued for one week as recommended in memorandum dated May 4, 1977 from the
City Engineer. MOTION CARRIED.
VARIANCE NO. 2685 - EXTENSION OF TIME: Submitted by Robert Dultz requesting an
extension of time to Variance No. 2685 to establish a lot without frontage on a
public street on property located at 3028 and 3030 West Ball Road. Also submitted
was a Zoning Division report dated May 2, 1977.
Mr. Robert Dultz, 3032 West Ball Road explained that when actual building commenced
on the property, he would have to request that the easement presently located in
the center be moved either to the west side of Parcel 1 or to another location.
In answer to Councilman Kott, Mr. Dultz stated that a perpetual easement to the
east was recorded as requested when the variance was received.
For clarification purposes, Miss Santalahti explained that there was a problem
legally in recording an easement to yourself to another parcel, but there was a
letter of agreement in this case.
Mr. Dultz confirmed that a letter of agreement was executed.
Further discussion followed between Councilman Kott and Mr. Dultz wherein Council-
man Kott stated he was primarfly concerned as to why the two properties were not
combined thereby providing the necessary frontage on a public street and eliminating
the need for a variance.
Mr. Dultz explained that the reason he wanted to split the property to begin with
was due to the fact the lot to the west contained residential property although
commercially zoned. Financing problems tended to arise when there was a mixture
of residential and commercial parcels, whereas splitting the property enhanced its
financial capability. Although he had expected to develop the property by this time,
the building climate previously was not favorable. Presently however, he had several
offers and expected some activity very soon.
MOTION: Councilman Kott moved that the applicant be given 60 days to comply with
the original conditions set forth in the variance. He contended if the applicant
complied and the two properties were combined, the variance would not be necessary.
The motion died for lack of a second.
Councilman Seymour voiced the opinion that the applicant's request was not unreason-
able and it was not costing the City anything if the request were granted.
77-534
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 10~ 1977~, 1:30 P.M.
Councilman Kott reiterated the difficulty he had in accepting extensions of time
and reapplications as it was his opinion that such repeated requests were the re-
sults of projects being undertaken on a speculative basis. Furthermore, the City
incurred expenses each time an extension was requested. Although he was not par-
ticularly concerned about the case in point, he maintained that something had to
be done regarding the constant requests received for extensions.
On motion by Councilman Seymour, seconded By Councilwoman Kaywood, a one-year
extension of time, retroactive to April 29, 1977, to expire April 29, 1978, to
Variance No. 2685 was approved. MOTION CARRIED.
REQUESTS FOR EXTENSIONS OF TIME: Councilman Kott moyed that a fee of $50 be
charged for all requests for extensions of time on variances, and conditional
use permits to cover the clerical aspects of the requested extension. Council-
man Thom seconded the motion.
Before a vote was taken, Councilwoman Kaywood stated that since most requests for
time extensions were based on financial difficulty, she considered $25 to be a more
reasonable fee.
Councilman Roth stated he had no objection to $50, but suggested first that input
be obtained from staff to determine the actual costs involved.
Thereupon, Councilman Kott withdrew his motion and Councilman Thom withdrew his
second.
On motion by Councilman Roth, seconded by Councilwoman Kaywood, staff was instructed
to determine the costs involved in requests for extensions of time in order to set
an equitable fee. Councilman Seymour voted "No". MOTION CARRIED.
Councilman Seymour restated an opinion he expressed at a prior meeting when he voted
against levying the last such fee. Because of excessive government red tape with
resultant delays to developers, the cost of such delays was ultimately passed on to
the consumer. Therefore, ways and means of reducing costs should be explored to
make it easier and to cut the red tape rather than constantly creating or increasing
fees.
CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilwoman
Kaywood, the following actions were authorized in accordance with the reports and
recommendations furnished each Council Member and as listed on the Consent
Calendar Agenda:
1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred
to the City's insurance carrier or the self-insurance administrator:
a. Claim submitted by Ruth Abels for personal injuries purportedly sustained
as a result of a fall on the sidewalk at 1701 West La Palma Avenue on or about
January 29, 1977.
b. Claim submitted by Darlene Clevenger for personal injuries purportedly sustained
as a result of actions by the Anaheim Police on or about January 20, 1977.
77-535
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 10~ 1977~ 1:30 P.M.
c. Claim submitted by Larry Johnsonbaugh for personal injuries purportedly
sustained as a result of a golf cart accident at Anaheim Hills Golf Course on
or about February 26, 1977.
d. Claim submitted by James Torgerson for personal injuries purportedly sustained
as a result of actions by an Anaheim Police Officer at the Anaheim Stadium on or
about April 19, 1977.
2. CORRESPONDENCE: The following correspondence was ordered received and filed:
a. 114: City of Buena Park Resolution No. 6037 requesting the Transportation
Committee of the United States Conference of Mayors to determine the need for
improved transportation systems in tourist-oriented cities and urging that the
funds for the construction thereof be provided by the Federal Department of
Transportation.
b. 175: Public Utilities Commission of the State of California, Notice of
Hearing, Application No. 57179 of San Diego Gas and Electric Company for
authority to increase its gas rates and charges to offset the increased costs
of purchased gas, and Application No. 57196 of Southern California Gas Company
to increase revenues to offset higher gas costs resulting from increases in
the price of natural gas purchased from Transwestern Pipeline Company, E1 Paso
Natural Gas Company and Pacific Interstate Transmission Company.
c. 175: Public Utilities Commission Notice of Filing of Application No. 57232
of Southern California Gas Company to increase revenues to offset the impact on
revenue requirements of long-term storage pursuant to a proposed subsection (o)
gas storage adjustment (GSA) to Southern California Gas Company's Rule No. 2.
d. 173: Public Utilities Commission of the State of California Application
No. 57243 of The Gray Line Tours Company for a Certificate of Public Convenience
and Necessity to extend operations as a passenger-stage corporation.
e. 173: Public Utilities Commission of the State of California, Application
No. 57129 as amended of Buena Park Development Corporation, dba Holiday Inn of
Buena Park, for authority to operate as a passenger stage corporation between
Holiday Inn in'Buena Park and Disneyland Amusement Park.
f. 105: Community Center Authority - Minutes of April 18, 1977.
g. 105: Community Redevelopment Commission - Minutes of April 20, 1977.
h. 105: Golf Course Advisory Commission - Minutes of April 14, 1977.
i. 105: Project Area Committee - Minutes of April 12, 1977.
MOTION CARRIED.
RESOLUTION NOS 77R-342 THROUGH 77R-348: Councilman Seymour offered Resolution
Nos. 77R-342 through 77R-348, both inclusive, for adoption in accordance with
reports, recommendations and certifications furnished each Council Member and as
listed on the Consent Calendar Agenda. Refer to Resolution Book.
77-536
City Hall~ Anaheim, California - COUNCIL MINUTES - May 10~ 1977~ 1:30 P.M.
158: RESOLUTION NO. 77R-342: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (California
Drive-In Theatres, Inc.; Edgewater Development Company; Joseph Romo, et ux.;
Francis W. Elliott)
103: RESOLUTION NO. 77R-343: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE ANNEXATION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN
AND DESIGNATED SERRANO NO. 1 ANNEXATION. (south of Serrano Avenue, west of Nohl
Ranch Road)
151: RESOLUTION NO. 77R-344: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN ENCROACHMENT PERMIT AND AUTHOR-
IZING THE MAYOR AND CITY CLERK TO EXECUTE SAID ENCROACHMENT PERMIT WITH SHAW AND
TALBOT, A GENERAL PARTNERSHIP. (76-16E)
156: RESOLUTION NO. 77R-345: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: MICROWAVE RELAY
COMMUNICATIONS TOWER, IN THE CITY OF ANAHEIM, WORK ORDER NO. 909; APPROVING THE
DESIGNS PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF;
AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID
PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids
to be opened May 26, 1977, 2:00 P.M.)
169: RESOLUTION NO. 77R-346: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR,
SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING
POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND
COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: WEST STREET SEWER IMPROVEMENT,
FROM SYCAMORE STREET TO PEARL STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1269.
(Kershaw Construction Company)
170: RESOLUTION NO. 77R-347: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING A LOT LINE ADJUSTMENT BETWEEN TWO ADJACENT PARCELS PURSUANT TO
LOT LINE ADJUSTMENT PLAT MARKED EXHIBIT "A" AND ATTACHED HERETO. (Banyan Avenue
and Sandlewood Avenue)
170: RESOLUTION NO. 77R-348: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING A LOT LINE ADJUSTMENT BETWEEN TWO ADJACENT PARCELS PURSUANT TO
LOT LINE ADJUSTMENT PLAT EXHIBIT "A" AND ATTACHED HERETO ON HILLCREST STREET AND
LA PAZ STREET, IN THE CITY OF ANAHEIM.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 77R-342 through 77R-348, both inclusive, duly
passed and adopted.
77-537
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 10~ 1977~ 1:30 P.M.
ORDINANCE NO. 3695: Councilwoman Kaywood offered Ordinance No. 3695 for adoption.
Refer to Ordinance Book.
ORDINANCE NO. 3695: AN ORDINANCE OF THE CITY OF.ANAHEIM AMENDING TITLE 4,
CHAPTER 4.30, SECTION 4.30.010 AND CHAPTER 4.31, SECTION 4.31.070 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO FIGURE MODEL STUDIOS. (identification
requirements)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Ordinance No. 3695 duly passed and adopted.
ORDINANCE NO. 3696: Councilman Thom offered Ordinance No. 3696 for amended first
reading (typographical error). Refer to Ordinance Book.
ORDINANCE NO. 3696: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO.
1394 BY DELETING CONDITION NO. 1 THEREOF RELATING TO ZONING. (58-59-31, CL)
ORDINANCE NOS. 3697 THROUGH 3701: Councilman Thom offered Ordinance Nos. 3697
through 3701, both inclusive, for first reading.
ORDINANCE NO. 3697: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-9(6), CL)
ORDINANCE NO. 3698: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-44, RM-2400)
ORDINANCE NO. 3699: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14,
CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
PARKING. (no parking, Anaheim Hills Road, Canyon Rim Road, Fairmont Boulevard,
Lakeview Avenue, Nohl Ranch Road, Royal Oak Road, Serrano Avenue, Villa Real Drive,
and Walnut Canyon Road)
ORDINANCE NO. 3700: AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-36(2), RM-2400)
ORDINANCE NO. 3701: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (75-76-2, CL)
ORDINANCE 3699: Councilwoman Kaywood questioned staff as to whether or not
residents of the area had been notified that there would be no parking on the
roads outlined in Ordinance No. 3699 offered for first reading; Councilman Roth
also questioned the parking arrangements since he was a resident of the area
and not aware of any parking restrictions.
Mr. William Devitt, Assistant City Engineer, explained that the roads involved
were arterials designed in such a manner so that no parking was provided other
than emergency parking in the bays. To his knowledge, no vehicles had thus far
been ticketed since no regular tow-away signs had yet been installed.
RECESS: By general consent, the City Council recessed until 3:00 p.m., the time
for public hearings. (2:45 P.M.)
77-538
City Hall, Anaheim, California - COUNCIL MINUTES - May 10~ 1977, 1:30 P.M.
AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being
present. (3:00 P.M.)
PUBLIC HEARING - RECLASSIFICATION NO. 76-77-41~ EIR NO. 197, AND TENTATIVE TRACT
NOS. 9749~ 9750~ 9751~ 9752 AND WAIVER OF HILLSIDE GRADING ORDINANCE: ~ Application
by Anaheim Hills, Inc., for a change in zone from RS-A-43,000 to RS-HS-10,000 to
establish a 228-1ot, 218-unit subdivision on property located between Imperial
Highway and Anaheim Hills Road, south of Nohl Ranch Road and to consider waiver of
lot line requirement of the Hillside Grading Ordinance for the subject Tracts.
The City Planning Commission, pursuant to Resolution No. PC77-85, recommended that
the City Council certify Environmental Impact Report No. 197 (supplementing Master
EIR No. 80) as being in compliance with the California Environmental Quality Act
as it pertains to land use only and, further, recommended that Reclassification
No. 76-77-41 be granted subject to the following conditions and further approved
Tentative Tract Nos. 9749, 9750, 9751 and 9752 along with the Tree Removal Plan
on Tentative Tract No. 9750, as well as approval of the Waiver of the Hillside Grading
Ordinance relating to lot line requirements for subject tracts.
1. That fire hydrants shall be installed and charged as required and determined
to be necessary by the Chief of the Fire Department prior to commencement of
structural framing.
2. In the event that subject property is to be divided for the purpose of sale,
lease or financing, a parcel map, to record the approved division of subject
property, shall be submitted to and approved by the City of Anaheim and then be
recorded in the office of the Orange County Recorder.
3. That the owner(s) of subject property shall pay to the City of Anaheim the
appropriate park and recreation in-lieu fees, as determined to be appropriate by
the City Council, said fees to be paid at the time the building permit is issued.
4. That a final tract map of subject property shall be submitted to and approved
by the City Council and then be recorded in the office of the Orange County
Recorder.
5. That these reclassification proceedings are granted subject to completion of
annexation of subject property to the City of Anaheim.
6. That appropriate water assessment fees, as determined by the Director of
Public Utilities, shall be paid to the City of Anaheim prior to the issuance of a
building permit.
7. Prior to the introduction of an ordinance rezoning subject property, Condition
Nos. 2, 4, and 5, above-mentioned, shall be completed. The provisions or rights
granted by this resolution shall become null and void by action of the City
Council unless said conditions are complied with within one year from the date
hereof, or such further time as the City Council may grant.
Miss Santalahti described the location and surrounding land uses. She outlined
the findings given in the staff report which was submitted to and considered by
the City Planning Commission.
77-539
City Hall, Anaheim~ California - COUNCIL MINUTES - May 10~ 1977~ 1:30 P.M.
The Mayor asked if the Applicant or Applicantts Agent was present and desirous
of being heardo
Mro Philip Bettencourt, Anaheim Hills, Inc., briefed the Council on some facts
concerning the proposed project that were discussed during the four lengthy
hearings before the Planning Commission and gave an overview of the area in-
volved and its relationship to surrounding areas depicted from a map. He ex-
plained that the tracts had some unique features which the Council may not have
seen before--20 percent of the lots utilized split level pads to reduce grading
and the amount of sloping area requiring maintenance, as well as the utilization
of landscape plazas at cul-de-sac locations with mid-block plazas in two locations
providing an opportunity for traffic management which otherwise would not be
afforded on the relatively long hillside streets involved. All of the plazas
and open space areas would be maintained by the Community Association for Canyon
View Homes. The City Parkway Maintenance Division would have no parkway mainte-
nance responsibilities anywhere in the tract. Mr. Bettencourt also pointed
out that the Tract conditions included the assessment for two traffic signals with
participation agreements for 50 percent of a future signal at Imperial Highway and
Nohl Ranch Road and Anaheim Hills Road at Nohl Ranch Road.
Mr. Bettencourt stated that Anaheim Hills took mild exception to three conditions,
Conditions 4 and 5 dealing with Community Association documents, and the condition
legitimately requesting a review of the plot plan for the project. Relative to
the latter condition, Mr. Bettencourt requested that it be tied to the issuance of
building permits rather than the final tract map. Concerning the requirement for
traffic signals, although Anaheim Hills agreed to the need for signals at the two
stated intersections, they considered their share to be excessive since it would
be the first time that any residential developer in the City was assessed for 50
percent participation at the intersection of two arterial highways. Mr. Bettencourt
suggested that 25 percent was more realistic considering the public facilities at
Imperial Highway, whereas 50 percent participation at Anaheim Hills Road was equitable
since they owned and were developing the properties at that location. Since there
was no legitimate mechanism to assess traffic signal participation for the small
land developer even though the traffic from his project contributed to the arterial
street, Mr. Bettencourt contended that the subject merited attention.
In answer to Councilwoman Kaywood, Mr. Bettencourt explained that the plazas had a
48-foot street section on each side and traffic would be one-way around the plaza
north bound (downhill) and one-way traffic around the plaza south bound (uphill).
The Mayor asked if anyone wished to be heard either in favor or in opposition.
Mrs. Mary Dinndorf, President of Santa Ana Canyon Improvement Association, 131 La
Paz, speaking on behalf of the Association, questioned the legality of EIR No. 197
since they considered it deficient in not indicating the cumulative impact of traffic
from the development with developments previously approved or others waiting for
approval. With the limited access now available to residents of the area--Nohl
Ranch Road, Anaheim Hills Road, Santa Ana Canyon Road and Imperial Highway--additional
traffic would create a serious hazard and threat to the health and safety of people
now living in Santa Aha Canyon. They maintained that a solution to the traffic prob-
lem was essential before approving additional projects, especially when allowing
77-540
~ity Hall~ Anaheim~ California - COUNCIL MINUTES - May 10~ 1977~ 1:30 P.M.
a housing development of the magnitude proposed. They were not opposed to the
development as planned and considered it a good one. Mrs. Dinndorf requested
that the Traffic Engineer give his opinion of the alleged deficiency in the
EIR relative to traffic.
Mr. Paul Singer, Traffic Engineer, explained that a meeting was held with Anaheim
Hills and as a result they were in the processing of hiring a consultant to per-
form a traffic study. NEOCCS was also looking at the whole area and he (Singer)
was appointed to serve on the technical staff. Although the EIR did not contain
traffic data that was altogether sufficient, Mr. Singer stated that the proposed
study would consequently provide the data necessary to satisfy the slight deficiency.
Discussion followed between Council and staff relative to the alleged deficiency
wherein City Attorney Hopkins indicated, on request for clarification by Mayor
Thom, it would not be proper to certify a document that, according to staff, was
deficient in some areas. Upon further discussion and clarification, Mr. Singer
stated that, in fact, EIR No. 197 was not deficient, but statistically correct and
complete.
Mrs. Dinndorf asked why there was additional study if Mr. Singer considered the
EIR to be adequate.
Mr. Singer stated that additional studies were required to ascertain the cumulative
impact of traffic on Nohl Ranch Road.
Mr. Thomas Cattison, 856 North West Street, stated that he was opposed to the pro-
ject because there was already excessive pollution in Southern California and con-
tinued growth would compound the problem.
There being no further persons who wished to speak, the Mayor closed the public
hearing.
ENVIRONMENTAL IMPACT REPORT NO. 197 - CERTIFICATION (SUPPLEMENTAL TO EIR NO. 80):
EIR No. 197 having been reviewed by City staff and recommended by the City Planning
Commission to be in compliance with City and State Guidelines and the State of Cali-
fornia Environmental Quality Act, the City Council acting upon such information and
belief does hereby certify, on motion by Councilman Seymour, seconded by Council-
man Roth, that the potential project-generated individual and cumulative adverse
environmental impact ~-r~e-t~-~h~-l~r~d-~a~-~-~-~-mde~t-e~Y-~i--
eem~e~s-ge~-e~e~a~em~-ama~-~h~-~R-Ner-~-eem~e~m~-w~-~h~-G~-~m~-g~t-~
p~ea~m~mg-ae-~he-~a~m~-a~-eNe-apee~g~e-~eve~pmem~-p~e~ma~-~m~-g~~
m~s~e~-eg-~ev~ae~-p~am~**~nd, therefore, based upon the foregoing information, does
hereby certify said EIR No. 197 as being in compliance with the California Environ-
mental Quality Act.~-~-~iu~-Zo-i~ufl-~-o~y. Councilman Thom voted "No".
MOTION CA~IED.
will be reduced with respeat to landforms by conformanae with the Hillside Grading
Ordinance; utilities by planned extension and addition of facilities; schools by
limited transportation, boundary changes or other alternatives; and, circulation
by effiaient traffic controls. Subjeat Draft EIR No. ~97 conforms to the City and
State guidelines and State of California Environmental Quality Act;**
See Minutes of June 28, 1977 - Page 77-726
77-541
City Hall~ Anaheim, California - COUNCIL MINUTES - May 10~ 1977~ 1:30 P.M.
The Mayor explained that his "No" vote was a reflection of his concern about
the completeness of the EIR; therefore, if he could not certify the EIR, he
could not approve the reclassification or tentative tracts although he considered
the project to be a good one.
Councilwoman Kaywood offered Resolution No. 77R-349 for adoption authorizing the
preparation of the necessary ordinance changing the zone as requested subject to
the conditions recommended by the City Planning Commission. Refer to Resolution
Book.
RESOLUTION NO. 77R-349: 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. (76-77-41, RS-HS-iO,000)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Roth
NOES: COUNCIL MEMBERS: Thom
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 77R-349 duly passed and adopted.
On motion by Councilman Seymour, seconded by Councilman Kott, Condition No. 5
of Tentative Map, Tract Nos. 9749, 9750, 9751 and 9752, of the Planning Commission
recommendations, was amended to read as follows at the request of the Applicant:
"5. That the covenants, conditions, and restrictions shall be submitted to and
approved by the City Attorney's Office prior to City Council approval of the
Final Tract Map and, further, that the approved covenants, conditions, and
restrictions shall be recorded prior to issuance of building permits." Council-
man Thom voted "No". MOTION CARRIED.
TENTATIVE MAP~ TRACT NOS. 9749~ 9750~ 9751~ AND 9752: On motion by Councilwoman
Kaywood, seconded by Councilman Seymour, the following proposed subdivisions,
Tentative Map, Tract Nos. 9749, 9750, 9751 and 9752, together with their design
and improvements, were found to be consistent with the City's General Plan, and
the City Council approved said Tentative Maps, subject to the following conditions
recommended by the City Planning Commission, with amendment to Condition No. 5, as
cited above:
TENTATIVE MAP~ TRACT NO. 9749 (57 LOTS):
1. That the approval of Tentative Map of Tract No. 9749 is granted subject to the
approval of Reclassification No. 76-77-41.
2. That should this subdivision be developed as more than one subdivision, each
subdivision thereof shall be submitted in tentative form for approval.
3. That all lots within this tract shall be served by underground utilities.
4. That a final tract map of subject property shall be submitted to and approved
by the City Council and then be recorded in the Office of the Orange County Recorder.
77-542
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 10~ 1977~ 1:30 P.M.
5. That the covenants, conditions, and restrictions shall be shbmitted to and
approved by the City Attorney's Office prior to City Council approval of the final
tract map and, further, that the approved covenants, conditions, and restrictions
shall be recorded prior to the issuance of building permits.
6. That prior to filing the final tract map, the applicant shall submit to the City
Attorney for approval or denial a complete synopsis of the proposed functioning of
the operating corporation including, but not limited to, the articles of incorporation,
bylaws, proposed methods of management, bonding to insure maintenance of common
property and buildings, and such other information as the City Attorney may desire to
protect the City, its citizens, and the purchasers of the project.
7. That street names shall be approved by the City Planning Department prior to
approval of a final tract map.
8. That the owner(s) of subject property shall pay to the City of Anaheim the
appropriate park and recreation in-lieu fees, as determined to be appropriate by
the City Council, said fees to be paid at the time the building permit is issued.
9. That drainage of said property shall be disposed of in a manner satisfactory
to the City Engineer. If, in the preparation of the site sufficient grading is
required to necessitate a grading permit, no work on grading will be permitted
between October 15th and April 15th unless all required off-site drainage facilities
have been installed and are operative. Positive assurance shall be provided the City
that such drainage facilities will be completed prior to October 15th. Necessary
right-of-way for off-site drainage facilities shall be dedicated to the City, or the
City Council shall have initiated condemnation proceedings therefor (the costs of which
shall be borne by the developer) prior to the commencement of grading operations. The
required drainage facilities shall be of a size and type sufficient to carry runoff
water6 originating from higher properties through said property to ultimate disposal
as approved by the City Engineer. Said drainage facilities shall be the first item
of construction and shall be completed and be functional throughout the tract and
from the downstream boundary of the property to the ultimate point of disposal prior
to the issuance of any final building inspections or occupancy permits. Drainage
district reimbursement agreements may be made available to the developers of said
property upon their request.
10. That grading, excavation, and all other construction activities shall be con-
ducted in such a manner so as to minimize the possibility of any silt originating from
this project being carried into the Santa Ana River by storm water originating from
or flowing through this project.
11. If permanent street name signs have not been installed, temporary street name
signs shall be installed prior to any occupancy.
12. That maximum street grades shall not exceed 12 percent.
13. That fire hydrants shall be installed and charged as required and de~ermined
to be necessary by the Chief of the Fire Department prior to commencement of
structural framing.
77-543
City Hall~ Anaheim, California - COUNCIL MINUTES - May 10~ 1977, 1:30 P.M.
14. That the property owner(s) of Tract Nos. 9749, 9750, 9751 and 9752 shall jointly
participate in the payment of the installation of traffic signals at the intersections
of Imperial Highway and Nohl Ranch Road (50% - estimated to be $20,000) and Anaheim
Hills Road and Nohl Ranch Road (50% - estimated to be $20,000) for a total estimated
cost of $40,000 (exact cost to be determined by the Traffic Engineer at the time of
payment) to be paid prior to the issuance of a building permit or such further time
as the City Council may grant.
15. That any flag lots shall have a minimum street frontage of 20 feet.
16. In accordance with the requirements of Section 18.02.047 pertaining to the
initial sale of residential homes in the City of Anaheim Planning Area "B", the
seller shall provide each buyer with written information concerning the Anaheim
General Plan and the existing zoning within 300 feet of the boundaries of subject
tract.
17. That any specimen trees removed or destroyed shall be replaced on a 1:1 ratio
and subject to the regulations pertaining to tree preservation in the Scenic Corridor
Zone - Overlay.
18. That the bulk grading and building pad grading shall be accomplished by Anaheim
Hills, Inc., prior to the sale of the land for actual development, as indicated by the
submitted plans and represented by the developer; provided, however, that deed restric-
tions shall be submitted to the City Attorney for review and then be recorded in the
Office of the Orange County Recorder to guarantee that the grading of the tract shall
be in accordance with the submitted plans and representations in the event that the
property is sold prior to said grading being accomplished, as stipulated to by the
developer.
19. That specific plot plans, elevations and floor plans shall be submitted to the
Planning Commission for review and approval prior to issuance of building permits.
TENTATIVE MAP~ TRACT NO. 9750 (68 LOTS):
1. That the approval of Tentative Map of Tract No. 9750 is granted subject to the
approval of Reclassification No. 76-77-41.
2. That should this subdivision be developed as more than one subdivision, each
subdivision thereof shall be submitted in tentative form for approval.
3. That all lots within this tract shall be served by underground utilities.
4. That a final tract map of subject property shall be submitted to and approved by
the City Council and then be recorded in the Office of the Orange County Recorder.
5. That the covenants, conditions, and restrictions shall be submitted to and
approved by the City Attorney's Office prior to City Council approval of the final
tract map and, further, that the covenants, conditions, and restrictions shall be
recorded prior to the issuance of building permits.
6. That prior to filing the final tract map, the applicant shall submit to the City
Attorney for approval or denial a complete synopsis of the proposed functioning of the
operating corporation including, but not limited to, the articles of incorporation,
bylaws, proposed methods of management, bonding to insure maintenance of common
property and buildings, and such other information as the City Attorney may desire to
protect the City, its citizens, and the purchasers of the project.
77-544
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 10~ 1977~ 1:30 P.M.
7. That street names shall be approved by the City Planning Department prior to
approval of a final tract map.
8. That the owner(s) of subject property shall pay to the City of Anaheim the
appropriate park and recreation in-lieu fees, as determined to be appropriate by
the City Council, said fees to be paid at the time the building permit is issued.
9. That drainage of said property shall be disposed of in a manner satisfactory
to the City Engineer. If, in the preparation of the site sufficient grading is
required to necessitate a grading permit, no work on grading will be permitted
between October 15th and April 15th unless all required off-site drainage facilities
have been installed and are operative. Positive assurance shall be provided the City
that such drainage facilities will be completed prior to October 15th. Necessary
right-of-way for off-site drainage facilities shall be dedicated to the City, or the
City Council shall have initiated condemnation proceedings therefor (the costs of which
shall be borne by the developer) prior to the con~nencement of grading operations. The
required drainage facilities shall be of a size and type sufficient to carry runoff
waters originating from higher properties through said property to ultimate disposal
as approved by the City Engineer. Said drainage facilities shall be the first item
of construction and shall be completed and be functional throughout the tract and
from the downstream boundary of the property to the ultimate point of disposal prior
to the issuance of any final building inspections or occupancy permits. Drainage
district reimbursement agreements may be made available to the developers of said
property upon their request.
10. That grading, excavation, and all other construction activities shall be con-
ducted in such a manner so as to minimize the possibility of any silt originating from
this project being carried into the Santa Ana River by storm water originating from
or flowing through this project.
11. If permanent street name signs have not been installed, temporary street name
signs shall be installed prior to any occupancy.
12. That maximum street grades shall not exceed 12 percent.
13. That fire hydrants shall be installed and charged as required and determined
to be necessary by the Chief of the Fire Department prior to commencement of
structural framing. ~
14. That the property owner(s) of Tract Nos. 9749, 9750, 9751 and 9752 shall jointly
participate in the payment of the installation of traffic signals at the intersections
of Imperial Highway and Nohl Ranch Road (50% - estimated to be $20,000) and Anaheim
Hills Road and Nohl Ranch Road (50% - estimated to be $20,000) for a total estimated
cost of $40,000 (exact cost to be determined by the Traffic Engineer at the time of
payment) to be paid prior to the issuance of a building permit or such further time
as the City Council may grant.
15. That any flag lots shall have a minimum street frontage of 20 feet.
16. In accordance with the requirements of Section 18.02.047 pertaining to the
initial sale of residential homes in the City of Anaheim Planning Area "B", the
seller shall provide each buyer with written information concerning the Anaheim
General Plan and the existing zoning within 300 feet of the boundaries of subject
tract.
77-545
City Hall~ Anaheim~ California- COUNCIL MINUTES- May 10p 1977~ 1:30 P.M.
17. That any specimen trees removed or destroyed shall be replaced on a 1:1 ratio
and subject to the regulations pertaining to tree preservation in the Scenic Corridor
Zone - Overlay.
18. That the bulk grading and building pad grading shall be accomplished by Anaheim
Hills, Inc., prior to the sale of the land for actual development, as indicated by the
submitted plans and represented by the developer; provided, however, that deed restric-
tions shall be submitted to the City Attorney for review and then be recorded in the
Office of the Orange County Recorder to guarantee that the grading of the tract shall
be in accordance with the submitted plans and representations in the event that the
property is sold prior to said grading being accomplished, as stipulated to by the
developer.
19. That specific plot plans, elevations and floor plans shall be submitted to the
Planning Commission for review and approval prior to issuance of building permits.
20. That Alternate 1, indicating one (1) circular-shaped mid-block plaza shall be
incorporated into this tract; and the street section surrounding the plaza, shall be
34 feet from curb-to-curb, permitting on-street parking on the outside of the street
only.
21. That, upon completion of the streets in this tract, the City of Anaheim shall
install stop signs at the two (2) entrances to the mid-block plaza (cul-de-sac).
TENTATIVE MAP~ TRACT NO. 9751 (41 LOTS):
1. That the approval of Tentative Map of Tract No. 9751 is granted subject to the
approval of Reclassification No. 76-77-41.
2. That should this subdivision be developed as more than one subdivision, each
subdivision thereof shall be submitted in tentative form for approval.
3. That all lots within this tract shall be served by underground utilities.
4. That a final tract map of subject property shall be submitted to and approved
by the City Council and then be recorded in the Office of the Orange County Recorder.
5. That the covenants, conditions, and restrictions shall be submitted to and
approved by the City Attorney's Office prior to City Council approval of the final
tract map and, further, that the approved covenants, conditions, and restrictions
shall be recorded prior to the issuance of building permits.
6. That prior to filing ~he final tract map, the applicant shall submit to the City
Attorney for approval or denial a complete synopsis of the proposed functioning of
the operating corporation including, but not limited to, the articles of incorporation,
bylaws, proposed methods of management, bonding to insure maintenance of common
property and buildings, and such other information as the City Attorney may desire to
protect the City, its citizens, and the purchasers of the project.
7. That street names shall be approved by the City Planning Department prior to
approval of a final tract map.
77-546
City Hall, Anaheim~ California - COUNCIL MINUTES - May 10p 1977~ 1:30 P.M.
8. That the owner(s) of subject property shall pay to the City of Anaheim the
appropriate park and recreation in-lieu fees, as determined to be appropriate by
the City Council, said fees to be paid at the time the building permit is issued.
9. That drainage of said property shall be disposed of in a manner satisfactory to
the City Engineer. If, in the preparation of the site sufficient grading is required
to necessitate a grading permit, no work on grading will be permitted between
October 15th and April 15th unless all required off-site drainage facilities have been
installed and are operative.. Positive assurance shall be provided the City that such
drainage facilities will be completed prior to October 15th. Necessary right-of-way
for off-site drainage facilities shall be dedicated to the City, or the City Council
shall have initiated condemnation proceedings therefor (the costs of which shall be
borne by the developer) prior to the commencement of grading operations. The required
drainage facilities shall be of a size and type sufficient to carry runoff waters
originating from higher properties through said property to ultimate disposal as
approved by the City Engineer. Said drainage facilities shall be the first item of
construction and shall be completed and be functional throughout the tract and from
the downstream boundary of the property to the ultimate point of disposal prior to
the issuance of any final building inspections or occupancy permits. Drainage
district reimbursement agreements may be made available to the developers of said
property upon their request.
10. That grading, excavation, and all other construction activities shall be con-
ducted in such a manner so as to minimize the possibility of any silt originating from
this project being carried into the Santa Ana River by storm water originating from
or flowing through this project.
11. If permanent street name signs have not been installed, temporary street name
signs shall be installed prior to any occupancy.
12. That maximum street grades shall not exceed 12 percent.
13. That fire hydrants shall be installed and charged as required and determined
to be necessary by the Chief of the Fire Department prior to commencement of
structural framing.
14. That the property owner(s) of Tract Nos. 9749, 9750, 9751 and 9752 shall jointly
participate in the payment of the installation of traffic signals at the intersections
of Imperial Highway and Nohl Ranch Road (50% - estimated to be $20,000) and Anaheim
Hills Road and Nohl Ranch Road (50% - estimated to be $20,000) for a total estimated
cost of $40,000 (exact cost to be determined by the Traffic Engineer at the time of
payment) to be paid prior to the issuance of a building permit or such further time
as the City Council may grant.
15. That any flag lots shall have a minimum street frontage of'20 feet.
16. In accordance with the requirements of Section 18.02.047 pertaining to the
initial sale of residential homes in the City of Anaheim Planning Area "B", the
seller shall provide each buyer with written information concerning the Anaheim
General Plan and the existing zoning within 300 feet of the boundaries of subject
tract.
77-547
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 10~ 1977~ 1:30 P.M.
17. That any specimen trees removed or destroyed shall be replaced on a 1:1 ratio
and subject to the regulations pertaining to tree preservation in the Scenic Corridor
Zone - Overlay.
18. That the bulk grading and building pad grading shall be accomplished by Anaheim
Hills, Inc., prior to the sale of the land for actual development, as indicated by the
submitted plans and represented by the developer; provided, however, that deed restric-
tions shall be submitted to the City Attorney for review and then be recorded in the
Office of the Orange County Recorder to guarantee that the grading of the tract shall
be in accordance with the submitted plans and representations in the event that the
property is sold prior to said grading being accomplished, as stipulated to by the
developer.
19. That specific plot plans, elevations and floor plans shall be submitted to the
Planning Commission for review and approval prior to issuance of building permits.
20. That Alternate 1, indicating one (1) circular-shaped mid-block plaza, shall be
incorporated into this tract; and the street section surrounding the plaza shall be
34 feet from curb-to-curb, permitting on-street parking on the outside of the street
only.
21. That, upon completion of the streets in this tract, the City of Anaheim shall
install stop signs at the two (2) entrances to the mid-block plaza (cul-de-sac).
TENTATIVE MAP~ TRACT NO. 9752 (60 LOTS):
1. That the approval of Tentative Map of Tract No. 9752 is granted subject to the
approval of Reclassification No. 76-77-41.
2. That should this subdivision be developed as more than one subdivision, each
subdivision thereof shall be submitted in tentative form for approval.
3. That all lots within this tract shall be served by underground utilities.
4. That a final tract map of subject property shall be submitted to and approved
by the City Council and then be recorded in the Office of the Orange County Recorder.
5. That the covenants, conditions, and restrictions shall be submitted to and
approved by the City Attorney's Office prior to City Council approval of the final
tract map and, further, that the approved covenants, conditions, and restrictions
shall be recorded prior to the issuance of building permits.
6. That prior to filing the final tract map, the applicant shall submit to the City
Attorney for approval or denial a complete synopsis of the proposed functioning of
the operating corporation including, but not limited to, the articles of incorporation,
bylaws, proposed methods of management, bonding to insure maintenance of common
property and buildings, and such other information as the City Attorney may desire to
protect the City, its citizens, and the purchasers of the.project.
7. That street 'names shall be approved by the City Planning Department prior to
approval of a final tract map.
77-548
Hall, Anaheim~ California - COUNCIL MINUTES - May 10~ 1977~ 1:30 P.M.
8. That the owner(s) of subject property shall pay to the City of Anaheim the
appropriate park and recreation in-lieu fees, as determined to be appropriate by
the City Council, said fees to be paid at the time the building permit is issued.
9. That drainage of said property shall be disposed of in a manner satisfactory to
the City Engineer. If, in the preparation of the site sufficient grading is required
to necessitate a grading permit, no work on grading will be permitted between
October 15th and April 15th unless all required off-site drainage facilities have
been installed and are operative. Positive assurance shall be provided the City
that such drainage facilities will be completed prior to October 15th. Necessary
right-of-way for off-site drainage facilities shall be dedicated to the City, or
the City Council shall have initiated condemnation proceedings therefor (the costs
of which shall be borne by the developer) prior to the commencement of grading
operations. The required drainage facilities shall be of a size and type sufficient
to carry runoff waters originating from higher properties through said property to
ultimate disposal as approved by the City Engineer. Said drainage facilities shall
be the first item of construction and shall be completed and be functional throughout
the tract and from the downstream boundary of the property to the ultimate point of
disposal prior to the issuance of any final building inspections or occupancy permits.
Drainage district reimbursement agreements may be made available to the developers of
said property upon their request.
10. That grading, excavation, and all other construction activities shall be con-
ducted in such a manner so as to minimize the possibility of any silt originating from
this project being carried into the Santa Ana River by storm water originating from
or flowing through this project.
11. If permanent street name signs have not been installed, temporary street name
signs shall be installed prior to any occupancy.
]2. That maximum street grades shall not exceed 12 percent.
13. That any flag lots shall have a minimum street frontage of 20 feet.
14. That fire hydrants shall be installed and charged as required and determined
to be necessary by the Chief of the Fire Department prior to commencement of
structural framing.
15. That the property owner(s) of Tract Nos. 9749, 9750, 9751 and 9752 shall jointly
participate in the payment of the installation of traffic signals at the intersections
of Imperial Highway and Nohl Ranch Road (50% - estimated to be $20,000) and Anaheim
Hills Road and Nohl Ranch Road (50% - estimated to be $20,000) for a total estimated
cost of $40,000 (exact cost to be determined by the Traffic Engineer at the time of
payment) to be paid prior to the issuance of a building permit or such further time
as the City Council may grant.
16. In accordance with the requirements of Section 18.02.047 pertaining to the
initial sale of residential homes in the City of Anaheim Planning Area "B", the
seller shall provide each buyer with written information concerning the Anaheim
General Plan and the existing zoning within 300 feet of the boundaries of subject
tract.
77-549
City Hall, Anaheim~ California - COUNCIL MINUTES - May 10, 1977~ 1:30 P.M.
17. That any specimen trees removed or destroyed shall be replaced on a 1:1 ratio
and subject to the regulations pertaining to tree preservation in the Scenic Corridor
Zone - Overlay.
18. That the bulk grading and building pad grading shall be accomplished by Anaheim
Hills, Inc., prior to the sale of the land for actual development, as indicated by the
submitted plans and represented by the developer; provided, however, that deed restric-
tions shall be submitted to the City Attorney for review and then be recorded in the
Office of the Orange County Recorder to guarantee that the grading of the tract shall
be in accordance with the submitted plans and representations in the event that the
property is sold prior to said grading being accomplished, as stipulated to by the
developer.
19. That specific plot plans, elevations and floor plans shall be submitted to the
Planning Commission for review and approval prior to issuance of building permits.
Councilman Thom voted "No". MOTION CARRIED.
WAIVER OF HILLSIDE GRADING ORDINANCE: On motion by Councilman Roth, seconded by
Councilwoman Kaywood, request for waiver of lot line requirement of the Hillside
Grading Ordinance for Tentative Tract Nos. 9749, 9750, 9751 and 9752 was approved,
as recommended by the Planning Commission. Councilman Thom voted "No". MOTION
CARRIED.
Councilman Kott left the Council Chamber. (3:28 P.M.)
PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1697: Application by Larry R. and
Judith I. Smith to expand an existing 'restaurant with on-sale beer and wine on
CL zoned property located at 945 South Knott Street with code waiver of minimum
kitchen area.
The City Planning Commission, pursuant to Resolution No. PC77-84 reported that the
Planning Director has determined that the proposed activity falls within the defini-
tion of Section 3.01, Class 1, of the City of Anaheim Guidelines to the requirements
for an environmental impact report and is, therefore, categorically exempt from the
requirement to file and EIR and, further recommends that Conditional Use Permit No.
1697 be granted subject to the following conditions:
1. In the event that subject property is to be divided for the purpose of sale,
lease or financing, a parcel map, to record the approved division of subject property,
shall be submitted to and approved by the City of Anaheim and then be recorded in the
Office of the Orange County Recorder. This condition shall be complied 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 one year from date
hereof, whichever occurs first, or such further time as the Planning Commission and/or
City Council may grant.
2. That subject property shall be developed precisely in accordance with plans and
specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2, as
changed by the petitioner, specifying a maximum of eighty (80) seats in the existing
and proposed restaurant.
77-550
City Hall, Anaheim~ California - COUNCIL MINUTES - May 10~ 1977~ 1:30 P.M.
Miss Santalahti described the location and surrounding land uses. She outlined
the findings given in the staff report which was submitted to and considered by
the City Planning Commission.
The Mayor asked if the Applicant or Applicant's Agent was present and desirous of
being heard.
Mr. Carl Younkin, 2309 Santa Clara, Santa Ana, owner, stated that the matter had
been reduced down to the contents of the Vice Detail profile submitted on the "Sting",
which was given to him about one-half hour before. Although he was not Present to
rebut the report, he wanted to clarify what he considered misrepresentation. He then
explained that as the owner and full-time manager of the "Sting", he was on the
premises every day since the establishment opened. Mr. Younkin stressed the fact
that since he was so personally involved and had invested a great deal in the business,
he wished to maintain it on a friendly basis, but there were also rules which had to
be followed by patrons. There was a dress code, minors were not allowed to drink
alcohol and many had been turned away, adequate proof of identification and age was
required and no rowdiness was allowed inside the establishment. To this end, he
employed 13 floormen/doormen and not bouncers as they were referred to in the pro-
file.
Councilman Kott returned to the Council Chamber. (3:32 P.M.)
Relative to the man with the handgun as outlined in the profile, Mr. Younkin stated
that was not his customer, but a patron who came from the "French Quarter", another
establishment sharing the same parking lot. In fact, he (Younkin) assisted the
Police Officer in the subsequent arrest. Concerning a witness who indicated she and
other minors were able to drink alcohol at the "Sting", Mr. Younkin contended that
may have been stated for self-protection. In fifteen months of operation, the "Sting"
was never cited for a violation of any kind by the Alcoholic Beverage Control Board
(ABC). He maintained that his was a legitimately run business.
Discussion followed wherein it was established that the "Sting" catered to an 18-
through 25-age group and that the main reason for using floormen/doormenwas to
discourage minors from attempting to drink alcoholic beverages on the premises.
There being no further persons who wished to speak, the Mayor closed the public
hearing.
Councilman Seymour stated that the conditional use permit should not be granted;
the reason being that Anaheim was a family-type community with many visitors,
conventioneers and people coming to Disneyland. Although he was personally not
opposed to this type of operation being considered for expansion, he considered
it to be a mistake to permit such expansion. If the Vice Detail profile was anywhere
near accurate, there was a price to be paid by the taxpayers for permitting such use
in Police services alone.
77-551
City Hall~ Anaheim, California - COUNCIL MINUTES - May 10, 1977~ 1:30 P.M.
In answer to Councilwoman Kaywood, Mr. Younkin explained that there were full
kitchen facilities on the premises but he had not been too successful with the
present facilities in promoting the variety of five light dinners offered.
Councilman Kott referred to the Vice Detail profile which, in his opinion, inferred
that no liquor of any type should be sold. He pointed out the joint use of the
parking lot by other establishments which also served liquor and nowhere in the
report did he find there was a problem on the premises of the "Sting". While he
agreed with Councilman Seymour that Anaheim was a family community, as he viewed
the matter, then no liquor should be allowed in the community if the City were to
avoid problems just as in the case of people who were penalized for selling drugs.
He contended that the expansion of the kitchen would be a helpful factor in terms
of making food more readily available. He was, therefore, in favor of granting
Conditional Use Permit No. 1697 to permit the proposed expansion.
Councilman Seymour explained that he was not opposed to liquor or its being sold
on any premises licensed by the State of California but, in fact, opposed to approval
of expansion of a situation the record showed was already a difficult one. It was
the type of clientele attracted to the establishment that he maintained did not fit
in with the family~type community.
The Mayor considered the types of complaints presented similar to those received from
any establishment that sold food and beverages. He was, however, impressed with the
fact that the owner ran the business himself and the manner in which he did so. Al-
though he did not dismiss the fact that some problems were involved, he did not con-
sider them to be extreme. He would support the present request, but if additional
problems a-rose and the matter worsened, he would, in the future, consider revoking the
conditional use permit.
Councilman Seymour offered Resolution No. 77R-350 for adoption denying Conditional
Use Permit No. 1697 thereby not permitting expansion of the existing use. Refer
to Resolution Book.
RESOLUTION NO. 77R-350: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DENYING CONDITIONAL USE PERMIT NO. 1697.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour and Roth
Kott and Thom
None
The Mayor declared Resolution No. 77R-350 duly passed and adopted.
PUBLIC HEARING - RECISSION OF DOUGLASS-SUNKIST AGRICULTURAL PRESERVE AGREEMENTS:
On motion by Councilman Roth, seconded by Councilman Thom, public hearing to con-
sider information pursuant to Government Code Sections 51230, 51290 and 51292,
regarding the legality of the establishment of the Douglass-Sunkist Agricultural
Preserve was continued two weeks at the request of Cecil Wright, Attorney for the
Applicants, the $25 continuance fee having already been paid. MOTION CARRIED.
77-552
City Hall, Anaheim, California - COUNCIL MINUTES - May 10~ 19772 1:30 P~M~..
148: LEAGUE OF CALIFORNIA CITIES MEETING: Councilwoman Kaywood announced that
the next League of California Cities meeting would be held on Thursday night,
May 12, 1977, at the Holiday Inn in Yullerton.
120: NO SMOKING IN THE COUNCIL CHAMBER AND OTHER PUBLIC MEETING PLACES: Council-
woman Kaywood read a letter dated May 2, 1977, from Mrs. Dean Olsen at her request,
asking the Mayor for an immediate public apology for the public verbal abuse she
received by him as a result of her letter of March 27, 1977 urging no smoking in
the Council Chamber as well as all public buildings and supermarkets.
The Mayor explained that on April 29, 1977, he mailed a letter to Mrs. Olsen wherein
he directed himself to her request. He then read the letter aloud as follows and
requested it be spread in full on the minutes:
"April 29, 1977
Mrs. Judy Olsen
909 S. Echo Place
Anaheim, California
Dear Mrs. Olsen:
I am writing this letter for the express purpose of apologizing to you
for the ill-tempered and unkind remarks which I directed toward you last
Tuesday, April 26, at the close of the Council session wherein Councilperson
Kaywood read to the assemblage your letter indicating your displeasure with
those who smoke tobacco.
I offer you the following, not for personal exculpatory purposes, but for
informative reasons only. Councilperson Kaywood has a peculiar ability to
incite my ire with her immature and perverse pettifoggery of tobacco in its
manufactured peduncular form. Her inane obsession for this trivia at times
disconcerts me in light of the more important issues at hand, and I therefore
make intemperate remarks whilst in loss of my usual calm and cool demeanor.
In closing, I can only say, mea culpa, mea culpa, mea maxima culpa.
Sincerely,
W. J. Bill Thom
Mayor"
EQUESTRIAN TRAILS IN SANTA ANA CANYON: Councilman Seymour explained that it was
brought to his attention the City had yet to define whether or not it was going to
be responsible for carrying insurance for any accident that might occur by a horse
rider or anyone using the trails in the Santa Ana Canyon. He wanted clarified that
if the City was open to liability, coverage was available and secondly relative to
the development of Fairmont Boulevard between Canyon Rim Road and Santa Aha Canyon
Roast, that the unimproved portion, two lanes, would be used either as a hiking and
riding trail and/or bicycle trail. He asked for clarification that the original
intent of the Council to provide for those trails was being carried out.
77-553
City Hall~ Anaheim~ California - coUNCIL MINUTES - May 10~ 1977~ 1:30 P.M.
City Attorney Hopkins first explained that the trails were owned by individual lot
owners and the City was responsible for maintenance. If, however, there was negligence
in the maintenance of the trails, then a claim could be filed against the City which
eventually would be covered by insurance, although such insurance was very expensive.
Councilman Seymour stated that the reason for his inquiry was due to the fact that
the homeowners associations found it impossible to obtain insurance while at the
same time having the liability hanging over their head. Assuming the cost was not
prohibitive, it was his concern that the City purchase insurance to cover any poten-
tia% liability in the same manner as such liability would be covered in a City park.
Subsequently, he recommended it would be appropriate for copies of the Certificate
of Insurance to be issued to the various homeowners associations in the Canyon to
relieve them of the financial responsibility of providing that insurance.
City Attorney Hopkins indicated the matter would have to be investigated with the
City's insurance brokers to ascertain what arrangements could be made.
Mrs. Janice Hall, President of Westridge Homeowners' Association, 545 North Tumbleweed
Road, explained that they could not buy liability insurance for the horse trails and
they were advised by their attorney to notify the City that the trails would be
closed until the City took the responsibility for them. She stated that the cost
to each home in the tract for liability insurance would be $40 to $50. Their attorney
was in the process of writing to the City relative to the matter requesting a Certifi-
cate of Insurance equal to their own in order to open up the trails. She pointed
out that their common area did not have an easement to the City because it was over-
looked, so no easement existed giving the City the right of horse trails over the
property.
Mr. William Devitt, Assistant City Engineer, explained that relative to Fairmont
Boulevard, Chris Garlock, Planning Aide, met with the Horse Trails Committee a
week prior and a trails plan was being developed along Fairmont Boulevard.
105: APPOINTMENT OF ROBERT A. LINN TO THE CITY PLANNING COMMISSION: Councilman Kott
stated it was his understandmng that the vacancy on the Planning Commission which
occurred approximately one month prior had been legally fulfilled through the Maddy
Local Appointment Law. He therefore moved that Mr. Robert A. Linn, 507 Meadowbrook
Place, be appointed to the Planning Commission to fill the unexpired term of Richard A.
Morley. Councilman Thom seconded the motion.
Before a vote was taken, Councilman Roth stated that he opposed filling any vacancy
at present until the Public Information Office did what they were instructed to do
at the meeting of May 3, 1977, by a unanimous vote of the Council; that being the
submission of a news release for publication soliciting applications from the
citizenry of Anaheim. He also clarified that he did not know Mr. Linn personally.
Councilwoman Kaywood commented that with the preponderance of the members of the
Planning Commission now living in the Canyon area, she considered it extremely
important that west Anaheim be represented for a more geographical balance.
The Mayor explained that Mr. Linn lived by the Broadway Department store and was
a teacher at Savanna High School.
77-554
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 10~ 1977~ 1:30 P.M.
Councilman Seymour was supportive of Mr. Linn, and although he agreed with
Councilwoman Kaywood's preference in having an appointee more geographically
located to the west, Mr. Linn was on the border between central and west Anaheim.
Since he also taught at Savanna High School, this placed him in west Anaheim where
he dealt with children of constituents who lived in that area.
Regarding Councilman Roth's concern, Councilman Seymour conceded that the Council
did agree to have the Public Information Officer make public announcements in the
newspaper relative to vacancies as they occurred, but he was under the impression
that Councilman Roth's motion applied to future vacancies and not those already
vacant.
Councilwoman Kaywood inquired as to how Mr. Linn would be able to get every other
Monday off from his teaching duties to attend Planning Commission meetings.
The Mayor stated that Mr. Linn had already made the necessary arrangements.
A vote was taken on the foregoing motion and carried by the following vote:
AYES:
NOES:
COUNCIL MEMBERS: Seymour, Kott and Thom
COUNCIL MEMBERS: Kaywood and Roth
REINSTITUTION OF CITY NEWSLETTER: Councilman Kott broached the possibility of
reinstituting the City newsletter to the citizens, considering the activities in
redevelopment and other City matters, thereby providing an important form of communi-
cation. He also suggested that the cost be split on a 50-50 basis between Redevelop-
ment and the City. Council discussion followed relative to the cost and frequency
of publication should the newsletter be reinstituted. At the conclusion of'discussion,
there was general Council consensus favoring the reinstitution of the City newsletter;
however, the proper time to consider the matter would be at the forthcoming Budget
discussions.
ANAHEIM FOUNDATION FOR CULTURE AND THE ARTS: The Mayor explained that as sanctioned
and instructed by the Council, he and Councilman Seymour met with the Executive
Committee of the Board of Directors for the Anaheim Foundation for Culture and the
Arts on May 4, 1977, and Mr. Malmquist was present to give a brief report on what
transpired and the action taken at the Foundation's subsequent Board meeting.
Mr. John Malmquist, President of the Anaheim Foundation for Culture and the Arts,
explained that the meeting was a fruitful one wherein it was ascertained that the
Foundation would act as an umbrella organization bringing together all elements of
the arts in the entire City to work toward one goal. The following evening May 5,
1977, Mr. Malmquist met with his Board of Directors out of which evolved a resolution
unanimously adopted by the 14 in attendance which he read, the essence of which
stated that the Foundation accepted the tentative offer of the City that its functions
and scope be expanded to include sponsorship of the many arts within the City and
that the organization had the capacity to bring the present diverse endeavors into
a more cohesive and functional activity. Additionally, a steering and fact finding
committee must be formed from all phases of the arts in the City. The Foundation
also planned to start an immediate search for a professional director to aid in the
evaluation of present activities, proposed additional activities and, if needed,
assist in raising private funds and to direct public relations.
77-555
City Hall, Anaheim~ California - COUNCIL MINUTES - May 10, 1977~ 1:30 P.M.
The Mayor clarified that when he and Councilman Seymour met with the Executive
Board, they asked Mr. Malmquist to bring back a report specifically indicating
some type of action was taken by the Foundation Board acknowledging their acceptance
of entering into a contractual relationship with the City to administer all facets
of a program for cultural arts.
Councilman Seymour reiterated for the record that the key point was the Foundation
would be the umbrella organization having a contractual arrangement with the City
and a Professional Director would be hired as explained. Another key matter dis-
cussed was to take the existing programs now administered by the Parks, Recreation
and Arts Department, along with the related budget of approximately $115,000 and,
when the Foundation was prepared to assimilate those programs staffwise, those funds
would be transferred by a contract to the Foundation. The timing of the transition
was to be approximately the first of 1978 and until such time, the Parks, Recreation
and Arts Department would continue to carry on those programs.
Councilwoman Kaywood stated that she had some concerns regarding the situation and
part of the difficulty created on the last occasion was due to the fact that the
subject had come up as a non-agenda item and nobody was notified, and the same
situation was now repeating itself. She considered it imperative that all details
be reduced to writing to eliminate confusion. Councilwoman Kaywood asked Mr. Malmquist
when the hiring of a Professional Director would take place.
Mr. Malmquist stated that the Foundation was in the process of doing so at present.
Councilwoman Kmywood then attempted to clarify some additional points as stated by
Mr. Malmquist in his presentation, however, the Mayor voiced his opinion that the
subject had been sufficiently discussed and ruled the discussion closed at this time.
105: APPOINTMENT TO THE YOUTH COMMISSION: On motion by Councilman Thom, seconded
by Councilwoman Kaywood, appointments of the following members to the Youth Commission
and their respective terms ending December 31 of the following years, were ratified
by the City Council:
Suzanne M. DeLesk, 1978
John Stephen Pinson, 1978
Lorrey J. Adams, 1977
Michael D. Martinez, 1978
Thomas Chris Basom, 1977
Pamela M. LeNarz, 1978
John L. Oseid, 1977
Mary E. Johnson, 1978
Nancy K. Bounds, 1977
MOTION CARRIED.
148: LEAGUE OF CALIFORNIA CITIES DUES STRUCTURE: The Mayor explained that at the
Thursday night League meeting, a raise in dues was going to be considered as pro-
posed by the League for a 1¢ increase, from 2¢ to a 3¢ assessment per capita. He
planned to attend and instead support Garden Grove's position that there be minimum
dues of $500 per city with a pro-rata formula thereafter between 1.5¢ and 1.75¢ per
capita to give a more equitable distribution amongst the participating cities. Since
each city had an equal vote, if successful, the measure would split the financial
burden more equitably. He pointed out that in comparison to smaller cities who had
an equal vote on various matters, Anaheim's dues were in the thousands of dollars,
whereas the smaller cities entire pro-rata participation was under $500.
77-556
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 10~ 1977~.1:30 P.M.
Councilwoman Kaywood was concerned that if the measure was successful, some of
the smaller cities would not belong to the League, thereby making it a self-defeating
action. She also pointed out that Anaheim, by motion, had already supported a 3¢
assessment as previously proposed by the League.
The Mayor maintained that $500 would not be a burden for any city and Councilman
Roth agreed.
Councilman Thom moved that Anaheim support the City of Garden Grove's position relative
to the League of California Cities dues structure, setting the dues at $500 per city
with a pro-rata formula used thereafter between 1.5¢ and 1.75¢ for a more equitable
distribution and rescinding the previous motion by the Council on March 15, 1977
supporting a 3¢ assessment. Councilman Roth seconded the motion. Councilwoman
Kaywood voted "No". MOTION CARRIED.
ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Thom seconded the motion.
MOTION CARRIED.
Adjourned: 4:45 P.M.
LINDA D. ROBERTS, CITY CLERK