1976/03/0976-175
City Hal.l, Anaheim, California - COUNCIL_ MINUTE8 - March 9, 1976, 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
ABSF~NT; COUNCIL MEMBERS: None
PRESE/~T: ASSISTANT CITY MANAGER; William O. Talley
DEPUTY CITY CLERK.. Linda D. Roberts
CITY ATTORNEY: Alan R. Watts
DEPUTY CITY ATTORNEY: Frank A. Lowry, Jr.
FIRE CHIEF: James Riley
CITY ENGINEER: James P. Maddox
MANPOWER COORDINATOR: William Hepburn
DEPUTY CITY ATTORNEY: Malcolm Slaughter
ZONING SUPERVISOR: Annika Santalahti
Mayor Thom called the meeting to order and welcomed those in attendance
to the Council meeting.
INVOCATION: Captain Nell Hogan of the Salvation Army gave the Invocation.
.FLAG SALUTE: Councilman Calvin L. Pebley led the Assembly in the Pledge of
Allegiance to the Flag.
PROCLAMATION: The following proclamation was issued by Mayor Thom and
unanimously approved by the City Council:
"American Red Cross Month" - March 1976.
Ms. Fram Mauck thanked the Mayor for the proclamation and presented the
Council Members with Bicentennial Red Cross Pins and read the annual report.
MINUTES: Minutes of the Anaheim City Council regular meeting held February 3,
1976 and Adjourned Regular Meeting held February 4, 1976, were approved as
corrected (typographical errors) on motion by Councilwoman Kaywood, seconded by
Councilman Seymour. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Sneegas 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
reading of such ordinance or resolution. Councilman Pebley seconded the
motion. MOTION UNANIMOUSLY CARRIED.
REPORT - FINANCIAL DEMANDS AGAINST THF. CITY: Demands against the City in the
amount of $3,723,220.11, in accordance with the 1975-76 Budget, were approved.
ALLEGED CONFLICT OF INTEREST - COUNCILMAN SNEEGAS: Mr. Jim Townsend of the
Telephone Taxpayers Committee was recognized by the Mayor and advised that he
has received somecriticism in reference to Councilman Sneegas' situation since
his attorney, Michael Remington, appeared at the Council meeting last week. He
clarified that there is nothing personal in their action in this instance.
The Telephone Taxpayers Committee is interested in the welfare of the City and
believes the rules apply equally to all, consequently, they will pursue a
problem which needs clarification without regard to which Council Member is
involved.
ANIMAL CONTROL SERVICE - COUNTY OF ORANGE: Mr. Talley reported on the proposed
extension of an agreement with the County of Orange for Animal Control
Services, to expire June 30, 1976. The reason for the early termination date
is that the County is presently examining current practices, and another
arrangement may be substituted.
RESOLUTION NO. 76R-106: Councilwoman Kaywood offered Resolution No. 76R-106
for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND
AUTHORIZING THE EXTENSION OF AN AGREEMENT WITH T~IE COUNTY OF ORANCE WITH
REFERENCE TO ANIMAL CONTROL SERVICES.
76-176
City Hall~ ~a~aheimm California - COUNCIL MINUTES - March 9m 1976m 1;30 P.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES; COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 76R-106 duly passed and adopted.
EXECUTIVE ORDER - ESTABLISHING FIRE ZONE NO. 4: Chief Riley reported on the
decision to create, by Administrative Order, Fire Zone No. 4 pertaining to the
hill and canyon area. This Order defines the area deemed mo~t critical as Fire
Zone No. 4 and imposes 4 to 5 requirements upon structures to be built in that
zone. These include noncombustible, fire retardant roofing; fire protection o£
eaves and vertical surfaces where these are within 200 feet of undeveloped
areas; spark arrestors in fireplaces; protection of attic openings with wire
mesh. Chief Riley explained that this Administrative Order is not retroactive
and will affect only those structures developed from this date forward. It
refers to Section 104 of the Uniform Building Code requiring the structures
upon which major changes are made in the future may come under the provisions
of this order.
Chief Riley commended the Canyon Area General Planning Task Force and in
particular the building industry represented on that committee, for their
interest and cooperation in creation of this Order.
In response to Councilwoman Kaywood, Chief Riley commented that while the
Administrative Order may not apply to tracts which have been approved but are
not yet built, it is hoped that all builders will comply with the intent of the
order. He advised that the Fire Department does intend to work with the
Building Department in an effort to encourage voluntary compliance.
Mr. James Barisic, Vice President, Anaheim Hills, Inc. advised that they
originally were opposed to classifying the entire hill and canyon area as a
Class 4 Fire Zone because they felt the significant increase in cost created by
the additional building requirements was not justified by the potential hazard.
However, in the spirit of compromise and cooperation and because of their
genuine concern for safety, they now commend Chief Riley for proceeding with
this action. Mr. Barisic asked, however, that in the future, individual cases
will be entertained where a variance might be given from the general
application of Class 4 ratings if it can be proven by the builder or developer
that these are Justified.
Mr. Manuel Perez, representing the Building Industry Association,
conmaended the City Council Members and Canyon Area Task Force Members on their
achievement. He concurred with Mr. Barisic that a variance from the Fire Zone
4 provision should be considered in Justifiable circumstances.
Councilman Seymour pointed out that this compromise on Fire Zone 4 is a
perfect example of what can be achieved and what has been achieved over the
past 2 years by sitting down and reasoning together.
In response to Councilman Sneegas' question, Chief Riley advised that the
Administrative Order is not expected to affect the fire insurance rates at all,
but if anything should occur, it would be a reduction.
By general consent the Council indicated they concurred with the
Administrative Order establishing Fire Zone No. 4, and no further action was
taken by the City Council.
AMENDMENT TO JOINT POWERS AGREEMENT - ORANGE COUNTY MANPO%~R COMMISSION;
Mr. Talley reported that the Orange County Manpower Commission is changing to a
fiscal year beginning October 1, rather than July 1, and the City of Anaheim
together with other participants in the Manpower program has been requested to
consider continuing membership for a l$-month period extending from July 1,
1976, to September 30, 1977. Mr. Talley advised that the City auditor had
performed a review of the City's current Manpower program and how this was
impacted by membership in the Orange County Manpower Consortium. As a result
of this audit, several meetings were conducted to resolve some of the
administrative problems which the City has experienced. Mr. Talley recommended
that Council approve the amendment to the Joint Powers Agreement to continue
76-177
~ity Hal.!t Anaheimt California - COUNCIl. MINUTES - March 9t 1976! !:30 P..M.
membership in the Orange County Manpower Commission as presented at this time,
which contains the changes committed to in the memorandum of understanding
regarding the City of Anaheim's operating procedures, removing the majority of
the problems previously encountered.
RESOLUTION NO. 76R-107: On recommendation of the Assistant City Manager,
Councilman Thom offered Resolution No. 76R-107 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF ANAHEIM APPROVING THE TERMS AND
CONDITIONS OF AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN
TIlE COUNTY OF ORANGE, THE CITIES OF SANTA ANA, ~2~AHEIM, IIUNTINGTON BEACH, AND
GARDEN GROVE RELATING TO THE ORANGE COUNTY MANPOWER COMMISSION, AND AUTHORIZING
THE MAYOR AND THE CITY CLERK TO EXECUTE SAID AMENDMENT TO AGREEMENT ON BEHALF
OF THE CITY OF ANAHEIM.
Roll Call Vote:
AYES: COUNCIL MEMBERS; Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 76R-107 duly passed and adopted.
PURCHASE OF CITY OWNED PROPERTY - STERLING DEVELOPMENT INC. (C.P. No. 311):
Mr. Slaughter reported on a written offer to purchase City-owned property
described as Assessor Parcel Number 83-24-90 & 91, located on the west side of
Douglass Street near the entrance to Anaheim Stadium, received from Sterling
Development Inc. at a price of $37,000 cash, subject to the terms outlined in
their letter of March 5, 1976.
Also submitted was a report and recommendation from the City Engineer
recommending that the purchase offer be accepted, subject to five additional
conditions contained in the memorandum dated March 9, 1976. It was noted that
subject parcel is necessary to Sterling Development Inc. in order to obtain an
adjacent parcel out of probate. There are plans to develop an industrial use
on both properties, the City-owned parcel being a narrow strip containing
33,000 square feet which would be used to provide parking. Mr. Slaughter added
that this City-owned parcel is subject to an undefined easement in favor of
Southern California Edison Company, but the prospective puchasers have agreed
to take the property subject to the easement and resolve the problem with
Edison Company themselves.
In answer to Councilman Seymour, Mr. Talley reported that this purchase
has been reviewed by both Mr. Murdoch and Mr. Lie§let, who have no problem with
the recommendation as far as its impact on the Stadium or proposed Multimodal
Trans port at ion Center.
Mr. Slaughter indicated the parcel proposed for sale on the map posted on
the wall of the Council Chamber and advised that because of its size and shape,
it could not be developed by itself without being Joined to the parcel to the
west.
On motion by Councilman Seymour, seconded by Councilman Thom, the City
Council accepted the offer of Sterling Development Inc, to purchase City-owned
property located on the west side of Douglass Street south of Katella Avenue
(C. P. No. 311) for the sum of $37,000 in accordance with the conditions
outlined in their March 5, 1976 letter, and further subject to the conditions
recommended by the City Engineer as follows:
1. Only that portion of Douglass Street north of the proposed cul-de-sac
(approximately 200' north of the south boundary of said property) would be
dedicated for public use.
2. The City to reserve a 32-foot easement for Douglass Street as measured
from centerline for public road and utility purposes plus sufficient area for
the proposed cul-de-sac.
3. The City to reserve all access right of ingress and egress to Douglass
Street from and to said property south of said cul-de-sac (the southerly 175 2
feet of said parcel). '
76-178
City Hall; Anaheimt California - COUNCIL MINUTES - March 9~ 19761 1.:30 P.M.
4. That drainage from said property when developed be away from Douglass
Street and the area tributary to the underpass sump.
5. Subject to existing easements and reservations of record.
MOTION CARRIED.
RECESS - EXECUTIVE SESSION: The City Attorney requested that the Council recess
to Executive Session following ~he business portion of the meeting today.
Mr. Galvin R. Keene of Keene & Dionne, 3333 West Coast Highway, Newport
Beach, was reco~nized by the Mayor and advised that he is representing
Councilman Sneegas in his alleged conflict of interest problem. He asked to be
assured that after returning from Executive Session there would be no
discussion in open meeting with respect to the alleged conflict of interest
prob les.
Mayor Thom advised that there is no scheduled item for discussion in
connection with the alleged conflict of interest situation, but that he could
not give any assurances as to what individual Council Members may or may not
choose to discuss. Mr. Keene indicated he would then remain until after
Executive Session.
G.RADE SEPARATION - EXISTING RAILROAD GRADE CROSSINGS: Memorandum from the City
Engineer reporting on the four projects submitted for nomination to the 1976-77
fiscal year priority list in accordance with Public Utilities Commission Order,
Case No. 10019, was submitted for Council information only. Locations of the
projects submitted are: Katella Avenue at the Southern Pacific Railroad; State
College Boulevard at The Atchison, Topeka & Santa Fe; Lincoln Avenue at the
Southern Pacific Railroad; and railroad undercrossing of The Atchison, Topeka &
Santa Fe Line No. 2 and the Union Pacific Line No. 3Y.
STEERING COMMITTEE - NEOCCS: By general consent the City Council designated
b~yor Pro Tem John Seymour and Traffic Engineer Paul Singer to represent the
City of Anaheim on the Northeast Orange County Circulation Study Steering
Committee (NEOCCS) and further, directed staff to notify the County of Orange
Environmental Management Agency what the City views as the responsibilities of
the Steering Committee, as outlined in the memorandum from the City Engineer
dated February 19, 1976.
RESOLUTION NO. 76R-108 - PERMIT FEES AND CASH DEPOSITS; TRACT SIGNS: Councilman
Thom offered Resolution No. 76R-108 for adoption.
Refer to Resolution Book.
A RESOLUTION OF I~{E CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING PERMIT
FEES AND CASH DEPOSITS FOR TEMPORARY SIGNING. (Increase of $200 for removal of
tract signs)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES; COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 76R-108 duly passed and adopted.
RESOLUTION NO. 76R-109 - AWARD OF WORK ORDER NO. 865: In accordance with the
recommendation of the City Engineer, Councilman Sneegas offered Resolution No.
76R-109 for adoption awarding Work Order No. 865 to the lowest qualified
bidder.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED
PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR I~tE
FUP~NISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING
ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT:
UNDERHILL AVENUE PEDESTRIAN OVERCROSSING BLOCK WALL, E/S/O ROUTE 57 FREEWAY,
'r'
76-179
City HallI Anaheiml California - COUNCIL M~NUTES - March 91~' 1976~ 1:30. p.M.
BETWEEN MARDI GRAS AVENUE AND CARNIVAL AVENUE, IN THE CITY OF ANAHEIM, WORK
ORDER NO. 865. (Masonry Engineers ~ Inc., $6~422)
Roll Call Vote:
AYES: COUNCIL MEMBERS; Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS; None
The Mayor declared Resolution No. 76R-109 duly passed and adopted.
CONSENT CALENDAR ITEMS; On motion by Councilman Sneegas, seconded by Councilman
Seymour, 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. CLAIMS AGAINST THE CITY: The following claims were denied and referred to
the insurance carrier;
a. Claim submitted by Edward S. Pinder for injuries and damages
purportedly sustained as a result of actions of Anaheim Police Officers on or
about Nevember 18, 1975.
b. Claim submitted by Frank Chaudoin for damages and injuries purportedly
sustained as a result of actions of Anaheim Police Officers on or about
November 30, 1975.
c. Claim submitted by Maria Chaudoin for damages purportedly sustained as
a result of actions of Anaheim Police Officers on or about November 30, 1975.
d. Claim submitted by Louis Timar for damages purportedly sustained as a
result of condition of street on or about January 20, 1976.
2--. CORRESPONDENCE: The fOllowing correspondence was ordered received and
f il ed:
a. LAFCO - Minutes - February 11, 1976.
b. OCTD - Minutes - February 19, 1976.
c. Anaheim Golf Course Advisory Commission - Minutes - February 12, 1976.
d. Community Center Authority - Minutes - February 23, 1976.
e. Financial and operating reports for the month of January 1976 for the
Water Division.
f. Intergovernmental Coordinating Committee Resolution Service.
MOTION CARRIED.
CORRESPONDENCE: The following items of correspondence were removed from the
Consent Calendar for discussion and/or correction as follows, and then ordered
received and filed on motion by Councilwoman Kaywood, seconded by Councilman
Seymour:
a. City of Orange Resolution No. 4271 requesting the Orange County Board
of Supervisors to establish a County Service Area in unincorporated areas of
the County. It was reported that a similar Anaheim City Council Resolution was
adopted on January 27, 1976 and forwarded.
b. Community Redevelopment Commission minutes for January 28 and February
4, 1976. The minutes of January 28, 1976, were corrected to show the time of
adjournment as 10:45 a.m.
MOTION CARRIED.
RESOLUTION NO. 76R-110 THROUGH 76R-112: Councilman Pebley offered Resolution
Nos. 76R~i10 through 76R-112, both inclusive, for adoption in accordance with
the reports, recommendations and certifications furnished each Council Member
and as listed on the Consent Calendar Agenda.
Refer to Resolution Book.
RESOLUTION NO. 76R-110 - DEEDS OF EASEMENT: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
(Clarence M. McNees)
76-180
City Hallt Anaheim~ California - COUNCIL MINUTES - March 9; 1976; 1:30 P.M.
RESOLUTION NO. 76R-111 - ABANDONMENT NO. 75-9A: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN REAL
PROPERTY AND FIXING A DATE FOR HEARING THEREON. (Abandonment No. 75-9A,
March 30, 1976, 2:30 P.M.; public utility easement located at the north side of
Carleton Circle, west of Dw~er Drive)
RESOLUTION NO. 76R-112 - WORK ORDER NO. 774-B: A RESOLUTION OF THE CITY
COUNCIL OF TItE CITY OF A~AHEIM FINDING AND DETER~'.~ININC THAT PUBLIC CONVENIENCE
kND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT
TO WIT: THE HOWELL AVENUE STREET IMPROVEMENT, FROM SUNKIST STREET TO 320 FEET
W/O SUNKIST STREET, IN TI.tE CITY OF A~;AHEIM, WORK ORDER NO. 774-B; APPROVING ~{E
DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE. CONSTRUCTION
T~{EREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC I~{PROVEMENT 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 April 8, 1976, 2:00 P.M.)
Roll Call Vote:
AYES.' COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSE}Vf: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 76R-110 through 76R-112, both
inclusive, duly passed and adopted.
CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at
their meeting held February 18, 1976, pertaining to the following applications
were submitted for City Council information and consideration.
On motion by Councilman Seymour, seconded by Councilman Pebley, the City
Council authorized the actions pertaining to the following environmental impact
requirements as recommended by the City Planning Commission and took no further
action on the following applications: (Item Nos. 1 through 7)
.~. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: The Planning
Commission recommends to the City Council that the subject projects in the
following listed zoning applications be declared exempt from the requirement to
prepare an environmental impact report, pursuant to the provisions of the
California Environmental Quality Act:
Conditional Use Permit No. 1598
Variance No. 2778
Conditional Use Permit No. 1593
2--. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTIONS: The Planning
Director has determined that the proposed activities in the following listed
zoning applications fall within the definition of Section 3.01, Classes 1 or
11, of the City of Anaheim Guidelines to the requirements for an environmental
impact report and are, therefore, categorically exempt from the requirement to
file an environmental impact report:
Conditional Use Permit No. 1600 Variance No. 2782
3. CONDITIONAL USE PERMIT NO. 1598: Submitted by Leo Freedman to permit a
helistop on CR zoned property located at 1700 South Harbor Boulevard (Anaheim
Hyatt House Hotel).
The City Planning Commission, pursuant to Resolution No. PC76-27, denied
said conditional use permit.
4. COI~ITIONAL USE PERMIT NO. 1593: Submitted by Chapman & Tustin Avenue
Association to permit a motel, restaurant and coffee shop on RS-A-43,000 zoned
property located south of the Riverside Freeway on the east Side of Tustin
Avenue, with Code waiver of:
a. Maximum building height.
The City Planning Commission, pursuant to Resolution No. PC76-29, granted
Conditional Use Permit No. 1593, subject to conditions.
76-181
Cit Hall Anaheim California - COUNCIL MINUTES - March 9 1976 1:30 P.M.
~. VARIANCE NO. 2778: Submitted by Charles F. Bottomley to construct a
changing copy electronic sign on CO zoned property located at 555 North Euclid
Street, with Code waivers of;
a. Permitted location.
b. Permitted sigming.
The City Planning Commission, pursuant to Resolution No. PC76-32, granted
Variance No. 2778, subject to conditions.
6. VARIANCE NO. 2782: Submitted by First Church of Chris= Scientist to permit
two free-standing signs on RM-2400 zoned property located at 918 North Citron
Street with Code waivers of:
a. Maximum number of signs.
b. Maximum sign area.
The City Planning Commission, pursuant to Resolution No. PC76-34, granted
Variance No. 2782, subject to conditions.
7. E.I.R. - NEGATIVE DECLARATION - GRADING PERMIT, 8 LOTS ON ELDORADO LANE
On recommendation of the City Planning Commission, the City Council determined
that application for a grading permit for 8 single-family home sites on
Eldorado Lane will have no siglliflcant effect on the environment and is,
therefore, exempt from the requirement to prepare an environmental impact
report.
MOTION CARRIED.
CITY PL~{NING COMMISSION ITEMS: The following actions taken by the City Planning
Commission at their meeting held February 18, 1976 pertaining to the following
applications were removed from the Consent Calendar Agenda for discussion and
separate action by the City Council.
1. CONDITIONAL USE PERMIT NO. 1600: Submitted by Allan A. Posner to permit
on-sale liquor in an existing restaurant on CL zoned property located at 1010
North Euclid Street.
The City Planning Commission, pursuant to Resolution No. PC76-30, granted
Conditional Use Permit No. 1600 for beer and wine with meals only, subject to
cond it ions.
On motion by Councilwoman Kaywood, seconded by Councilman Thom, ~he hours
of operation for the restaurant were corrected to read 10:00 a m. to 2:00 a.m.
MOTION CARRIED. '
No further action was taken.
2. E.I.R. FINDING - WIDENING OF LINCOLN AVENUE: Excerpt from the minutes of
the City Planning Commission meeting held February 18, 1976 was submitted
recommending that the City Council declare exempt from the requirement to pre-
pare an E.I.R. the project proposed by the City of Anaheim to widen the south
side of Lincoln Avenue, east of State College Boulevard for a distance of 557
feet and construct a median island to improve traffic flow in the area, with
the determination that it would require removal of seven Canary Island pine
trees.
Councilwoman Ka~ood questioned whether any consideration had been made as
to moving these trees elsewhere, rather than destroying them.
Mr. Maddox advised that it is intended to replace the trees with low
shrubs which would not obstruct vision from vehicles, and the estimated cost to
transfer and replant these trees is $800 to $1,000 each.
Councilman Seymour pointed out that these trees are mature, being 30 to 35
feet in height; that if the project were being performed by a private
developer, he would be required to save the trees and therefore in his opinion,
government should display the same responsibility toward the environment.
Councilman Seymour stated that if there is insufficient money to move the
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~ Anaheimm California - COUNCIL MINUTES - March 9 1976 1;30
trees, then the widening project should be held in abeyance until funds are
available.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood~ seconded by Councilman Thom, the City Council finds thac ~hls project
will have no sigmi~icant effect on the environment and is, therefore, exempt
from the requirement to prepare an environmental impact report; and further
directed that the widenin8 projec~ on Lincoln Avenue be held in abeyance until
sufficien~ funds are available for removal and replanting of the Canary Island
pine trees or some alternative method of preserving the trees is presented
MOTION CARRIED. .
CONDITIONAL USE PERMIT NO. 1601 (E.I.R. NO. 161): Submitted by Anaheim Hills,
inc., to construct a six-unit model home complex on RS-A-43,000 (SC) zoned
property located on the southerly side of Serrano Avenue, east of Nohl Ranch
Road.
The City Planning Commission, pursuant to Resolution No. PC76-31, granted
Conditional Use Permit No. 1601 for ~wo years, subject to conditions, and
further recommended termination of Conditional Use Permit No. 1348. It was
also reported that on December 30, 1975 the City Council certified E.I.R. No.
161 as being in compliance with the California Environmental Quality Act.
1601.The Cl~y Council took no further action on Conditional Use Permit No.
RESOLUTION NO. 76R-113: Councilman Pebley offered Resolution No. 76R-113 for
adoption~ terminating Conditional Use Permit No. 1348.
Refer to Resolution Book.
A RESOLUTION OF ~{E CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL
PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1348.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MJ~MBERS: None
The Mayor declared Resolution No. 76R-113 duly passed and adopted.
TENTATIVE MAPS; TRACT NOS. 9143 AND 9144~ E.I.R. NO. 167: Developer, Criterion
Development, Inc.; tract located southwest of the intersection of Santa Aha
Canyon Road and Fairmont Boulevard; Tract No. 9143 containing 17 proposed RS-
HS-10,000 (SC) zoned lots; Tract No. 9144 containing 26 proposed RS-HS-10 000
(SC) zoned lots. ,
The City Planning Commission at their meeting held February 18, 1976, by
motion, recommended tha: E.I.R. No. 167 be certified as being in compliance
with the California Environmental Quality Act, and further, approved Tentative
Maps, Tract Nos. 9143 and 9144, subject to conditions.
Councilwoman Kaywood noted that the E.I.R. Review Committee had recom-
mended an effort be made to preserve as many of the oak, eucalyptus and pepper
trees on this site as possible and inquired whether the developer had made any
commitment toward this objective.
Miss Santalahti reported that these trees are specimens listed in the City
of Anaheim tree preservation ordinance and therefore the City Council would
have to consider a request from the developer to remove the trees.
ENVIRONMENTAL IMPACT REPOMr NO. 167 - CERTIFICATION: E.I.R. No. 167 having
been reviewed by the City staff and recommended by the City Planning Commission
to be in compliance with City and State Guidelines and the State of California
Environmental Quality Act, the City Council acting upon such information and
belief does hereby certify~ on motion by Councilman Seymour, seconded by
Councilman Pebley, that E.I.R. No. 167 is in compliance with the California
Environmental Quality Act and City and State Guidelines. MOTION CARRIED.
76-183
City Hall~ Anaheim~ California - COUNCIL MINUTES - March 9; 1976; 1:30 P.M.
On motion by Councilman Pebley, seconded by Councilman Sneegas, the pro-
posed subdivisions, Tentative Tract Nos. 9143 and 9144, 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 Co~nission:
Tract No. 9143:
_
1. That should this subdivision be developed as more than one
subdivision, each subdivision thereof shall be submitted in tentative form for
approval.
2. That all lots within this tract shall be served by underground
utilit les.
3. That in accordance with City Council policy, a 6-foot open decorative
wall shall be constructed on the top of slope on the east property line
separating Lot Nos. 1, 3, 4, 5, 7, and Fairmont Boulevard. Reasonable
landscaping, including irrigation facilities, shall be installed in the
uncemented portion of the arterial highway parkway the full distance of said
wall, plans for said landscaping to be submitted to and subject to the approval
of the Superintendent of Parkway Maintenance; and following installation and
acceptance, the City of Anaheim shall assume the responsibility for maintenance
of said landscaping.
4. That a final tract map of subject property shall be submitted to and
approved by the City ounc of the Orange
County Recorder.
5. That any proposed subdivision convenants, 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 concurrently with the
final tract map.
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 of Anaheim 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 subject property shall be disposed of in a manner
that is satisfactory to the City Engineer.
10. That the owner(s) of subject property shall pay appropriate drainage
assessment fees to the City of Anaheim as determined by the City Engineer prior
to approval of a final tract map.
11. If permanent street name signs have not been installed, temporary
street name signs shall be installed prior to any occupancy.
12. That the roofs of all buildings constructed within subject tract shall
be of noncombustible material as approved by the City of Anaheim Fire
Department.
13. That the grade of the streets in this subdivision shall not exceed a
maximum of 12%, or as approved by the City Engineer.
Tract No. 9144:
1. That should this subdivision be developed as more than one
subdivision, each subdivision thereof shall be submitted in tentative form for
approval.
2. That all lots within this tract shall be served by underground
utilities.
3. 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.
4. That any proposed subdivision convenants, 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
76-184
Cit }{all Anaheim California - COUNCIL MINUTES - March 9 1976 1:30 P.M.
covenants, conditions, and restrictions shall be recorded concurrently with the
final tract map.
5. 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
functionin8 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.
6. That street names shall be approved by the City of Anaheim prior to
approval of a final tract map.
7. 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.
8. That drainage of subject property shall be disposed of in a manner
that is satisfactory to the City Engineer.
9. That the owner(s) of subject property shall pay appropriate drainage
assessment fees to the City of Anaheim as determined by the City Engineer prior
to approval of a final tract map.
10. If permanent street name signs have not been installed, temporary
street marne signs shall be installed prior to any occupancy.
11 That the roofs of all buildings constructed within subject tract shall
be of ~oncombustible material as approved by the City of Anaheim Fire
Department.
12. That the grade of the streets in this subdivision shall not exceed a
maximum of 12%, or as approved by the City Engineer.
MOTION CARRIED.
WAIVER OF SECTION 12.28 - STREET IMPROVEMENTS: Request of Mr. and Mrs. Harold
Clayton, 1238 Devonshire Road, Anaheim, 92801, for waiver of Section 12.28 of
the Anaheim Municipal Code relating to street improvements adjacent to Romneya
Drive as these pertain to a bedroom apartment addition at the southwest corner
of Romneya Drive and Citron Street, was submitted together with reports from
the Planning Department and Engineering Division.
During discussion, Councilman Seymour pointed out that there are several
properties located to the west of subject parcel on which the street improve-
ments have not been installed and although he has no qualm with the requirement
that property owners provide these improvements as a condition of application
for building permit, on this particular case, he has a problem with the timing
of it. Councilman Seymour stated that to require this property owner to
install the improvements at this time although the properties to the west have
not been required to do so, would result in a sidewalk terminating at the prop-
erty boundary. Furthermore, the street improvements would require removal of
three large palm trees which he felt should be preserved as long as possible.
Mr. Maddox reiterated the reasons it is felt important to improve the
street, i.e., to improve sight distance to the stop sign and to alleviate
drainage and street sweeping problems.
Mrs. Clayton advised that they were not informed of the requirement to
improve the street when they applied for a building permit, as this would have
affected their decision to proceed with the project. She stated that the trees
are on the portion of property which has been dedicated to the City. She
related the existing situation with adjacent properties and stated that she
felt if only her property were improved, it would encourage children attending
the nearby school to use an unsafe route with sidewalks ending at her property
line.
Other solutions such as bonding for the street improvements and enforcing
the 1911 Act were discussed with Mrs. Clayton. At the conclusion of
discussion, it was determined that further facts were necessary and on motion
by Councilman Seymour, seconded by Councilman Sneegas, the City Council con-
tinued decision on the requested waiver of Section 12.28 to the meeting of
March 23, 1976. MOTION CARRIED.
RECESS: By general consent, the Council took a ten-minute recess. (2:55 P.M.)
76-185
City Hall, Anaheim, California -. C. OUNC?L MINUTES - March 9; 1976! 1:30 P.M.
AFTER RECESS: Mayor Thom called the meeting to order, all Members of the City
Council being present. (3:05 P.M.)
TRACT NO. 8866~ REVISION NO. 2~ APPROVAL OF FINAL SPECIFIC PLANS AND ELEVATIONS
kND FINAL MAP: Developer, George J. Heltzer Company; tract located on the north
side of La Palma Avenue, west of State College Boulevard; containing 164 pro-
posed RS-5000 zoned lots.
The City Planning Commission, at meeting held March 1, 1976, approved the
final specific plans, subject to the developer's stipulation that he would
comply with RS-5000 Zone site development standards and further, recommended
waiver of Council Policy No. 538 to permit Lot No. 13 to have a setback of 27
feet ~rom La Palma Avenue.
Miss Santalahti advised that a revised plot plan was submitted March 8,
1976, with adjustments to lot lines making the tract in complete conformance
with RS-5000 development standards.
The City Engineer reported that said final map conforms substantially with
the tentative map previously approved and required fees have been paid. He
recommended that said final map be approved, subject to the posting of subdivi-
sion improvement bonds.
On motion by Councilman Pebley, seconded by Councilman Seymour, the City
Council approved final specific plans and elevations; waived Council Policy No.
538 in conjunction with Lot No. 13 of Tract No. 8866; found that the proposed
subdivision, together with its design and improvement, is consistent with the
City's General Plan; and approved Final Map, Tract No. 8866, Revision No. 2, as
recommended by the City Engineer. MOTION CARRIED.
RESOLUTIOn: NO. 76R-114 - AWARD OF 1976-77 WEED ABATEMENT CONTRACT: In accordance
with recommendation of the Fire Marshal, Councilman Pebley offered Resolution
No. 76R-114 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PRO-
POSAL AND AWARDING A CONTRACT TO I~{E LOWEST RESPONSIBLE BIDDER FOR THE
FURNISHING OF ALL LABOR AND EQUIPMENT TO CUT AND P~MOVE ALL RANK GROW/~{ AND
WEEDS AND REMOVE RUBBISH, REFUSE AND DIRT UPON ANY PARCEL OR PARCELS OF REAL
PROPERTY OR ANY PUBLIC STREET IN THE CITY OF ;~NAHEIM, ACCOUNT .~;0. 322-297.
(1976-1977) (Edwin Webber Inc. - $29,877.00)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSE~IT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 76R-114 duly passed and adopted.
PURCHASE OF EQUIPMENT - USED FIRE PUMPER AND TWO ~GINES: Mr. Talley reported on
the reco~,mendation of the Fire Chief and Mechanical Maintenance Superintendent
that the City purchase a used fire pumper from the King County No. 30 Fire
Protection District, King County, Washington. The unit has been checked and is
in excellent condition. It is proposed that City personnel be sent to
Washington to take possession of the vehicle and drive it to Anaheim. The
total cost for the unit is $28,000 plus tax. It is also recommended that two
Waukesha engines be purchased at a cost of $250 each. The total cost including
meals, lodging and fuel tc deliver the equi~raent to Anaheim, properly equipped
and ready for service is estimated at $35,000. The City Attorney has reviewed
the proposal and has recommended allowing the sole vendor acquisition for the
fire unit and two engines under the circumstances. This purchase will provide
the City with a replacement fire truck which would otherwise cost the City
$65,000 if purchased new.
In response to Councilman Sneegas, Fire Chief Riley explained that the
unit could be repowered with either a gas or diesel engine when it becomes
necessary.
76-186 ',
City HallI Anaheiml California - COUNCIL MI}~JTES - March 9~ 1976~ 1:30 P.M.
--
On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the
City Council waived the normal bid process and approved the outright purchase
of a 1967 Crown Triple Fire Pumper at a cost of $28,000, plus tax, and two
Waukesha engines at $250 each from the King County No. 30 Fire Protection
District with estimated total cost of vehicle delivered, properly equipped and
ready for full service at ~35,000. MOTION CARRIED.
ORDINkNCE NO. 3512: Councilman Seymour offered Ordinance ~o. 3512 for adoption.
Refer to Ordinance Book.
A~.~ ORDINA~NCE OF TI{E CITY OF A~NAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUMICIPAL
CODE RELATING TO ZONING. (71-72-44 (15) - RM-2400)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 3512 duly passed and adopted.
ORDINkNCE NO. 3513: Councilwoman Kaywood offered Ordinance No. 3513 for
adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING. (75-76-13, RS-A-43,000, Ball Freeway Annexation)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSE~fr: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 3513 duly passed and adopted.
9RDINANCE NOS. 3514 AND 3515: Councilman Seymour offered Ordinance Nos. 3514 and
3515 for first reading'
ORDINANCE NO. 3514: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE .~NAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61 (67), CR)
ORDINANCE NO. 3515: AN ORDINANCE OF THE CITY OF ANA/LEIM AMENDING TITLE 18 OF
THE ANA}IEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-55 (7),
BRIGGS~ NESTANDE BILL AB 2959: Councilwoman Kaywood suggested that the City of
Anaheim forward a letter over the Mayor's signature to Governor Brown urging
that he sign and support legislation introduced by A~semblymen Briggs and
Nestande (AB 2959) regarding the Route 57 Freeway noise attenuation measures.
By general consent, the Council authorized such a letter to be prepared
for the }~yor's signature.
STATUS REPORT - TELLE.RS-KENT ORGAN: In response to Councilwoman Kaywood, Mr.
Lowry reported that the contract with Blaine Ricketts, Inc., for removal and
restoration of the Tellers-Kent Organ has been worked out to the satisfaction
of Mrs. Archer and other members of the Anaheim Foundation for Culture and the
Arts. ~fr. Ricketts is scheduled to commence work approximately the middle of
April, with completion within six weeks of the starting date.
RECESS - EXECUTIVE SESSION: Councilman Pebley moved to recess to Executive
Session. Councilman Thom seconded the motion. MOTION CARRIED. (3:15 P.M.)
AFTER RECESS: Mayor Thom called the meeting to order, all Members of the City
Council being present. (3:36 P.M.)
ADJOU~..NMENT: Councilman Pebley moved to adjourn. Councilman Thom seconded the
motion. MOTION CARRIED.
76-187
City Hallt Anahefm~ Calf£ornia - COUNCT~. MINUTES - March 9! 1976! 1:30 P.M.
_
AdJourne~: 3:37 P.M.
ALONA M. HOUGARD, CITY CLERK
Deputy