1975/04/2975-392
City Hall~ Anaheim, California - COUNCIL MINUTES - April 29, 1975, 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
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: Keith A. Murdoch
CITY ATTORNEY: Alan R. Watts
CITY CLERK: Alona M. Hougard
PARKS, RECREATION AND THE ARTS DIRECTOR: John J. Collier
PERSONNEL DIRECTOR: Garry O. McRae
DEVELOPMENT SERVICES DIRECTOR: Ronald Thompson
CITY ENGINEER: James P. Maddox
TRAFFIC ENGINEER: Paul Singer
ZONING SUPERVISOR: Charles Roberts
Mayor Thom called the meeting to order and welcomed those in attendance
to the Council meeting.
INVOCATION: Reverend Dennis Bailey of the Melodyland Christian Center gave the
Invocation.
FLAG SALUTE: Councilman John Seymour led the assembly in the Pledge of
Allegiance to the Flag.
KATELLA HIGH SCHOOL WRESTLING TEAM "RUN-A-THON": A letter to the Mayor of the
City of Parker, Arizona, to be hand carried by the Run-A-Thon participants from
the Anaheim City Council was presented to Coach Rick Phillips by the Mayor.
Mr. Phillips, the Katella High School Wrestling Team Coach accepted the
letter and thanked the Council for their support. He invited i{ayor Thom to
join in the initiation of the event on Friday morning, May 2, 1975.
PROCLAMATION: The following Proclamation was issued by Mayor Thom and unani-.
mously approved by the City Council:
"Municipal Clerks' Week" - May 11 through 17, 1975.
City Clerk Alona M. Hougard accepted the Proclamation.
MINUTES: Minutes of the Anaheim City Council Regular Meeting held April 1, 1975,
and Adjourned Regular Meeting held April 7, 1975, were approved, on motion by
Councilman Thom, seconded by Councilwoman ~ywood. 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. Councilwoman Kaywood seconded the
motion. MOTION UNANIMOUSLY CARRIED.
REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the
amount of $694,393.90, in accordance with the 1974-75 Budget, were approved.
ANAHEIM CIVIC THEATRE - STRUCTURAL INVESTIGATION REPORT: Report of Floyd E.
Weaver, Structural Engineer, 2027 North M~in Street, Santa Ana, California, on
the structural analysis of the Anaheim Civic Theatre (former Zion Lutheran
Church Sanctuary, 118 South Emily Street) was submitted for Council considera-
tion together with a memorandum and recommendation from Mr. Dan Van Dorpe,
Chief Building Inspector. Mr. Weaver's report concluded that the building is
incapable of resisting the lateral forces generated by a strong earthquake and,
therefore, severe damage to the building could be anticipated with accompanying
hazard to occupants. Mr. Van Dorpe suggested that the use of this building for
assembly purposes be discontinued within a period of time fixed by the Council
as reasonable, and that its future use be limited to storage, rehearsal or
other purposes not involving a high occupant load. (Complete copy of Mr.
Weaver's structural analysis on file in the office of the City Clerk.)
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City Hall~ Anaheim~ Cali£ornia - COUNCIL MINUTEg - April 29~ 1975~ 1:30 P.M.
Mr. Murdoch stated that in accordance with the suggestion made by the
Chief Building Inspector, if the Council finds it appropriate to accept a
short-term risk in this situation~ they may wish to permit the Ana-Modjeska
Players to complete the last scheduled series at the remodeled Civic Theatre,
which would finish on May 18, 1975.
Mayor Thom inquired if the action of allowing the Ana-Mo~jeska Flayers to
continue performances in this structure would require that the City obtain any
excess insurance coverage for this interim period, above and beyond that which
the City already carries.
Mr. Watts assumed that it was liability coverage which Mayor Thom was
addressing, as opposed to insurance on the structure itself, and advised that
the City presently carries an excess liability policy in the amount of
$10,000,000.
Mayor Thom pointed out that one of the areas of discussion which the
Council will have to consider~ in light of the many hours of work performed by
the Ana-Modjeska Players to remodel the former Church Sanctuary, is how to go
about providing them with another place for their theatrical productions.
Mrs. Violet Wheeler, Mrs. Marguerite Lee, and Mr. Kent Johnson were present
to represent the Ana-Modjeska Players.
Mr. Kent Johnson, 2775 Mesa Verde East, Costa Mesa, advised that he had
been hired as a theatrical consultant for the Ana-Modjeska Players to assist in
the development of the Civic Theatre facility. He stated that they were most
appreciative that the structural analysis was performed and concurred with the
statement suggesting that the City discontinue use of this building as a place
of assembly and use it for storage, rehearsal or set-building purposes. He
urged that the Council accept this recommendation and allow all of the various
art groups to utilize the facility for the suggested purposes. Mr. Johnson
reported that the Ana-Modjeska Players have built up a great deal of momentum,
which they feel they can retain if they quickly find a replacement facility for
their group. In this connection he advised that he had met with Mr. Fernald
regarding the possibility of the Redevelopment Agency providing the funds to
obtain a building within the redevelopment pattern which would suffice as an
interim performing arts center. They reviewed several buildings and found one
which would be suitable, the former United States National Bank building at 328
West Lincoln Avenue. It appears this structure could be remodeled to accom-
modate this use and would most likely prove to be structurally sound. He
concluded that the Ana-Modjeska Players are preparing a theatrical season of
live performances to begin September 1, 1975, and would very much like to have
a facility ready for use in the fall. He requested that the Council seriously
consider this alternative to provide the citizens with a much-needed civic
theatre facility.
Mayor Thom advised the representatives of the Ana-Modjeska Players that he
deeply appreciated the spirit and motivation and actual work performed by them
on the Church Sanctuary, and wished to formally apologize to them for having
caused them so much work.
Councilman Seymour stated that he supports the proposal to provide another
facility for the Ana-Modjeska Players, however, he had hoped for a more permanent
location, since the one proposed is obviously temporary, pending redevelopment.
Mr. Johnson stated that from his discussions with Mr. Fernald he under-
stands it is the desire of the Community Redevelopment Commission to include a
first class center for the performing and cultural arts in the redevelopment
plan.
Councilman Seymour assumed then that no large sums of money would be
expended on remodeling of the proposed interim facility and the whole project
would be predicated upon the fact that when the new structure is built the Ana-
Modjeska Players would move to it.
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~it.y Hall, Anaheim, California - COUNCIL MINUTES - April 29, 1975, 1:30 P.M.
Mr. Murdoch advised that the Redevelopment Director would present addi-
tional information on the proposal at the next Redevelopment Agency meeting,
Tuesday, May 6, 1975, 10:30 a.m.
Mrs. Marguerite Lee, 305 North Bayport Circle, Anaheim, stated that she
believes the alternative mentioned by Mr. Johnson is very workable and should
be the answer to the Ana-Modjeska Players' problem.
Councilwoman Kaywood noted that it was reported the conversion of the
Church Sanctuary was accomplished with 24,000 hours of actual labor. She
suggested that if the bank building under consideration is determined to be
appropriate that perhaps C.E.T.A. employees might be used for some portion of
the labor. She voiced concern that the Chartres Recreation Center, which also
was formerly a part of the Zion Lutheran Church property, be determined in
advance as to whether or not it is structurally sound before an investment is
made in air conditioning.
Mr. Murdoch reported that the Chartres Recreation Center building is
relatively new, having been built only 10 to 15 years ago. He further noted
much of the work done by the Ana-Modjeska Players can be salvaged if moved to
another location within a relatively short period of time. He noted, however,
that the Ana-Modjeska Players do wish to continue to use the Church Sanctuary
building to complete their present series of plays which will end May 18, 1975.
Councilman Sneegas was informed by Mr. Johnson that they intend to conduct
11 performances with attendance expected of from 75 to 100 people at each
performance. Councilman Sneegas further voiced his concern that people enter-
ing said facility be informed that they are submitting themselves to a risk.
On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the
City Council accepted the report submitted by Mr. Floyd E. Weaver and the Chief
Building Inspector and implemented the recommendation of the Chief Building
Inspector, determining to allow the Ana-Modjeska Players continued use of the
Anaheim Civic Theatre building until June 1, 1975, and thereafter that it be
put to alternate uses such as storage, rehearsal, set-building, etc. MOTION
CARRIED.
REQUEST - CONCESSIONAIRE~ ANAHEIM HILLS GOLF COURSE - UTILITY BILLING: Request
of Mr. Ray Yates, Yates Investments, Inc., 16400 South Prairie Avenue, Lawndale,
California, 90260, that his present contract be amended with regard to the
utility charges portion to provide that his assessment be a flat rate of $350
per month for the next three years beginning May 1, 1975, and further request-
ing relief from the present billing was submitted for Council consideration.
On invitation by the Mayor, Mr. Yates addressed the Council and advised
that he had never received a utility billing in his 16 months at the Anaheim
Hills location until the one presented him a short time ago, which amounts to
approximately $750 per month, or an average of $26 per day.
It was ascertained that the responsibility for this utility billing was
that of the Parks, Recreation and the Arts Department. Mr. John Collier related
that inasmuch as the Anaheim Hills Golf Course is under their general supervi-
sion, the utility bills have been coming to them, but did not come to his
attention until about three months ago. Mr. Collier stated that the agreement
with Mr. Yates provides that the concessionaire would pay 80% of the utility
bill; the remaining 20% to be split by the City and the golf pro.
In reply to Councilman P~bley, Mr. Collier related that the electric meter
at the Anaheim Hills Golf Course Clubhouse appears to account for energy used
for air conditioning of the entire building, electrical outlets in the pro
shop, and all exterior safety lighting, as well as the cooking equipment.
Since there was some question as to exactly what the meter does cover, i
Mr. Collier advised that they had the Utilities Department checking to determine
what the charges actually cover. He stated that the total currently owed by
Mr. Yates to the City is $12,480.
Mr. Yates advised that he was anticipating a bill for electric services
pursuant to his contract agreement, but that this amount is very high, that
they pay only $200 per month at their other restaurant locations. He stated
that if he had been aware that his electric charges would be that'high, he
would not have remained in business at this location.
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City Hall, Anah.eim; California - COUNCIL MINUTES - April 29~ 1975~ 1:30 P.M.
Councilman Pebley stated that he could not accept the premise of allowing
a businessman relief from his utility bill, however, he offered a compromise of
a flat rate for the next 36 months of $350 per month, plus a payment of $160
per month for these 36 months towards the balance presently owed which would be
prorated over that period.
Mr. Yates replied that at the present rate of business, he would not be
able to accept the compromise offered by Councilman Pebley.
Councilman Sneegas stated that the size of the electrical bill for that
building astounds him and that he was certain there must be some way to conserve
energy in that facility.
Councilman Seymour stated that since, in effect, what Mr. Yates is request-
ing is a loan from the City, he would like to know what assets the business has
or what type of securities they would offer to the City.
Councilman Sneegas stated that if, in his own business, he were to let a
billing go by for 16 months, he would feel it necessary to accept some of the
responsibility. He further advised that he has a hard time believing that the
requirement for the concessionaire to pay 80% of the electric bill is equitable
since the safety lighting is to protect the facility which is owned by the
City.
Mr. Yates remarked that despite the lack of traffic at the golf course, he
is trying to live up to the terms of the contract with the City and, therefore,
has to pay wages for a cook and waitress during the weekdays when these are not
warranted.
Mr. Collier suggested that any Council decision be postponed for two weeks
to allow for further investigation into the electrical situation at the Club-
house and to analyze whether or not the division of electrical costs was fair
when the contract was originally drawn.
Councilman Snee§as stated that it appears the conditions which have been
laid down for the golf course concessionaire are untenable if he is to also
show a profit and, consequently, when the matter is brought backin two weeks,
he would like to see some recommendations from Mr. Yates as to how he thinks he
could operate the concession and put it on a paying basis. In addition to
these recommendations, he requested a commitment from Mr. Yates which could be
tied to either so many people coming through the door or rounds of golf played,
etc., as to when services or areas in the concession will be expanded. He
explained that he is of the opinion that if the Council wishes to see the
concession survive, they will have to adjust contract terms. He advised that
he personally does not see any advantage to the City in watching Mr. Yates drop
out of the contract because the conditions are untenable, and this would only
mean that the next concessionaire would have the benefit of Mr. Yates' failure.
Councilwoman Kaywood suggested that Mr. Yates contact the editors of the
homeowners associations' newsletters and ask them to include the statement that
the concession at the golf course is open for lunch, since this would be a ser-
vice to the residents as well.
On motion by Councilman Thom, seconded by Councilman Sneegas, the City
Council deferred decision on Mr. Yates' request, pending additional information,
to the meeting of May 13, 1975. MOTION CARRIED.
Councilman Seymour wished to clarify his feelings on the subject so that
it would not appear in the future that he is switching his position. He indi-
cated that he is diametrically opposed to writing off the money owed by Mr. Yates
to the City. He agreed that there is a certain amount of liability on the
City's part for not submitting a bill in timely fashion, but reiterated that he
for one would not be willing to forego the $12,500 since this would permit
everyother businessman to request similar relief. ·
REQUEST FOR SEWER AND UTILITY SERVICES TO PROPERTY IN BUENA PARK LOCATED AT THE
WESTERLY TERMINUS OF SAVANNA STREET: Continued request from Mr. William Rossworn
and Mr. Bill Waddle for sewer and utility services to be provided by Anaheim to
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City Hall~ Anaheim~ California - COUNCIL MINUTES - April 29~ 1975; 1;30 P.M,
property located in the City of Buena Park and also for approval of development
plans for said property was submitted. There were no staff recommendations
submitted on the development plan since these were shown to City staff only
briefly this morning.
Mr. Bill Waddle, 4471 Green Avenue, Los Alamitos, California, submitted a
set of plans for Council reView and indicated that he would appreciate some
direction as to what Council desires and then he would prepare his final plans.
He indicated that he intends to develop eight units total including his own
home on subject property, together with nine enclosed garages and seven open
parking spaces. He stated he would be willing to accept whatever requirements
the Council desires with regard to a hammerhead driveway or cul-de-sac, but
that he does need direction in order to proceed.
In reply to Council question, Mr. Waddle stated that he would personally
prefer to dedicate only the necessary land for one-half of a cul-de-sac street
or hammerhead driveway and not perform the actual improvement until such time
as the adjacent property develops.
Mrs. Sturgis, 3640 Savanna Street, Anaheim, advised that she was speaking
on behalf of her daughter who lives adjacent to this proposed project and
stated that if this cul-de-sac were built the second half of it would be right
at their front door.
It was explained to Mrs. Sturgis that the cul-de-sac would not be con-
structed at this time, just the dedication of necessary land would be made and
not until the adjacent property develops would the cul-de-sac be constructed.
It was further explained, in response to a question from Mrs. Joan Todd, 3620
Savanna Street, Anaheim, that the cul-de-sac would not need to be installed if
Such modifications or improvements as room additions were made to the adjacent
property; that it would require that the property be redeveloped into additional
units.
In reply to Councilwoman Kaywood's inquiry as to whether or not he planned
to build to Anaheim's standards, Mr. Waddle explained that he intends to start
construction of his residence first and wishes to do this as soon as possible;
the remaining units would be completed in the second phase of construction. He
indicated he would work with City staff to comply with building standards in
both cities. He advised that he understands there is no large problem with
regard to the standards of the two cities which cannot be worked out.
On motion by Councilman Pebley, seconded by Councilman Seymour, the City
Council approved the request for utility and sewer services to property located
at the westerly terminus of Savanna Street in the City of Buena Park, predicated
upon construction in accordance with plans submitted this date and marked
Exhibit "A". and pending review and recommendation for approval of said plans
by Development Services Department: further subject to the dedication of prop-
erty required for one-half cul-de-sac at this time and posting of bond for
improvement of same. MOTION CARRIED.
FINAL MAP. TRACT NO. 7918: Councilman Seymour introduced Mr. Bernard McCune. 926
Palo Verde, Long Beach, of S & S Construction Company who advised Council gf
his firm's problem because of an agreement with Anaheim Hills, Inc.. and commit-
ments with lending institutions, which require that certain actions be taken on
property upon which they intend to build Tract No. 7918, Revision No. 1, by the
first of May, 1975. He indicated that he thought things were moving along
properly and that this deadline would be met, however, he was informed this
morning that the final map which has been submitted to the Engineering Division
for plan check will not be through that process and ready for Council action
for some time. Since the lack of Council approval of the final tract map by
May 1, 1975, will encumber the developer in the amount of $80,000, he respect-
fully requested that the City Council consider approving the Final Map of Tract
No. 7918, Revision No. 1, subject to whatever contingencies Council deems
necessary and with an increase of one and one-half times in the bond amounts',
since the'improvement costs are not yet known at this time.
Mr. Watts counseled that he would be reluctant to tell the City Council
that the action suggested is absolutely improper, but that he could advise it
might have no effect whatsoever.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - April 29~ 1975~ 1:30 P.M.
Mr. McCune stated that the action of the City Council approving the final
map subject to the recommendation of approval of the City staff would satisfy
the problem which his firm has with regard to the lender and Anaheim Hills,
Inc. He advised that he was certain the tract map would be substantially in
conformance with the tentative map filed and indicated that it is precisely the
same, except that the number of lots has been reduced by four or five.
Mr. Watts further advised that should there be any question as to the
validity of the Council action, the City Council can always repeat the motion
for approval at a later date.
Councilman Seymour moved that the Council approve Final Map, Tract No.
7918, Revision No. 1, subject to and contingent upon the recommendation of
approval by staff, and further subject to an increase of the improvement bonds
to one and one-half times the present amount. Councilman Sneegas seconded the
motion. MOTION CARRIED.
PUBLIC HEARING - VARIANCE NO. 2683: Application by Union Oil Company of California
to establish an automotive diagnostic and service center on CL zoned property
at the southwest corner of Center Street and State College Boulevard with the
following Code waivers, was submitted together with application for exemption
status from the requirement to prepare an environmental impact report:
a. Permitted uses.
b. Maximum access drive width.
The City Planning Commission, pursuant to Resolution No. PC75-61, reported
that the Director of Development Services has determined that the proposed
activity falls within the definition 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 an E.I.R. and
further granted Variance No. 2683, approving waiver "a" for a period of two
years, subject to the following conditions:
1. That the owner(s) of subject property shall deed to the City of Anaheim
a strip of land 53 feet in width from the centerline of the street along State
College Boulevard for street widening purposes.
2. That the owner(s) of subject property shall pay to the City of Anaheim
the sum of $2.00 per front foot along Center Street and State College Boulevard
for street lighting purposes.
3. That the owner(s) of subject property shall pay to the City of Anaheim
the sum of 60¢ per front foot along Center Street and State College Boulevard
for tree planting purposes.
4. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Director of Public Works.
5. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 and 2; provided, however, that plans for landscaping shall be submitted
to the Development Services Department for approval prior to City Council
review of the subject petition; said landscaping to conform to the landscaping
requirements of the CL Zone, as stipulated to by the petitioner; and, further,
that the property shall be upgraded, including painting the existing building,
resealing the existing paving, removing the pump islands, and cleaning the
property in general, as stipulated to by the petitioner.
6. That Condition Nos. 1, 2 and 3, above-mentioned, 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, of 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.
7. That Condition Nos. 4 and 5, above-mentioned, shall be complied with
prior to final building and zoning inspections.
8. That all automotive diagnostic work and/or servicing shall be conducted
on the inside of the building, as stipulated to by the petitioner.
9. That the diagnostic work and/or servicing of automobiles to be performed
at the subject location shall consist of electronic diagnosis and minor tune-up
adjustments only, and there shall be no major engine work performed, as stipu-
lated to by the petitioner.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - April Zg~ 1975, 1'30 P.M.
10. That there shall be no overnight storage of automotive vehicles on the
subject property, as stipulated to by the petitioner.
11. That there shall be no over-the-counter retail sales of parts at the
subject location.
Appeal from action taken by the City Planning Commission was filed by
Mr. Robert M. Huggins, Jr., Insta-Tune, Agent.
Zoning Supervisor Roberts advised that the reason the applicant has appealed
the Planning Commission's action was that they dispute the condition imposed
requiring dedication for the widening of State College Boulevard and, therefore,
in the interest of time, rather than going over the entire proposal, he would
just address the situation which they are appealing. He advised that the
applicant proposing to construct the Insta-Tune facility does not yet own the
property and, therefore, feels it is impossible for them to make such dedication.
Mr. Tim O'Brian, 2006 Port Albans, Newport Beach, representing Mr. Robert M.
Huggins, Jr., for Insta-Tune described that the subject property is currently
developed with an abandoned gasoline station. The applicant intends to convert
this station into a more attractive facility to be utilized for minor tune-ups
of automobiles as a franchise outlet. He indicated that most of the conditions
set forth by the City Planning Commission were primarily directed at beautifica-
tion of the site and they intend to comply with each of these. However, they
are requesting that they be permitted to defer the dedication obligation imposed
under Condition No. 1 to a date when the Union Oil Company will, in fact, take
title to the property. If permitted to defer this dedication until 1976, this
would permit the developer to proceed to secure building permits and perform
the necessary remodeling.
Councilman Pebley inquired whether Union Oil Company would be willing to
submit a letter to the City indicating their intent to dedicate once they take
title to the property.
Mr. William Orr, real estate representative for Union Oil Company, 1917
Eden Street, Glendale, California, indicated they would be agreeable to forward-
ing such letter.
Mayor Thom asked if anyone wished to address the City Council, either in
favor or in opposition and there being no response he declared the hearing
closed. '
Councilman Pebley stated that he would abstain from voting on the variance
because he owns service stations which are leased to Union Oil Company.
CATEGORICAL EXEMPTION - ENVIRONMENTAL IMPACT REPORT: On motion by Councilman
Seymour, seconded by Councilman Sneegas, the City Council ratified the determina-
tion of the Director of Development Services that the proposed activity falls
within the definition of Section 3.01, Class 1 of the City of Anaheim Guide-
lines to the requirements for an environmental impact report and is, therefore,
categorically exempt from the requirement to file an environmental impact
report. MOTION CARRIED.
RESOLUTION NO. 75R-210: Councilman Seymour offered Resolution No. 75R-210
for adoption, approving Variance No. 2683, subject to the conditions recommended
by the City Planning Commission with the following amendment to Condition No.
1, as recommended by the City Engineer:
1. That the owner(s) of subject property shall conditionally dedicate to
the City of Anaheim a strip of land 53 feet in width from the centerline of the
street along State College Boulevard for street widening purposes, conditioned
upon the vesting of legal title in the Applicant (Union Oil Company).
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO
2683. -
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City Hall, Anaheim, California - COUNCIL MINUTES - April 29, 1975, 1:30 P.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Pebley
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 75R-210 duly passed and adopted.
PUBLIC HEARING - VARIANCE NO. 2684: Application submitted by Berwood Corporation
to construct a 390-unit apartment complex on RS-A-43,000 zoned property at the
southeast corner of Broadway and Loara Street with Code waivers of:
a. Maximum building height.
b. Minimum floor area.
c. Minimum front setback.
d. Minimum distance between buildings.
e. Required enclosure of carports.
The City Planning Commission, pursuant to Resolution No. PC75-62, reported
that the City Council certified Environmental Impact Report No. 137 on
December 31, 1974, for the development of subject property with an apartment
complex consisting of 420 units, and the subject proposal is for 390 units,
therefore, the City Planning Commission determined that further review of the
environmental impact is not necessary; the City Planning Commission further
granted said variance in part, the need for waiver "c" having been eliminated,
and waiver "d" granted in part, subject to the following conditions:
1. That the owner(s) of subject property shall deed to the City of Anaheim
a'strip of land 48 feet in width from the centerline of the street along Broadway
and a strip of land 48 feet in width from the centerline of the street along
Loara Street for street widening purposes; and'in accordance with exhibits
approved in connection with Area Development Plan No. 116.
2. That all engineering requirements of the City of Anaheim along Broadway
and Loara Street, including preparation of improvement plans and installation
of all improvements such as curbs and gutters, sidewalks, street grading and
paving, drainage facilities, or other appurtenant work, shall be complied with
as required by the City Engineer and in accordance with standard plans and
specifications on file in the office of the City Engineer; that street lighting
facilities along Broadway and Loara Street shall be installed as required by
the Director of Public Utilities and in accordance with standard plans and
specifications on file in the office of the Director of Public Utilities; and
that a bond in an amount and form satisfactory to the City of Anaheim shall be
posted with the City to guarantee the installation of the above-mentioned
requirements.
3. That the owner(s) of subject property shall pay to the City of Anaheim
the sum of 60¢ per front foot along Broadway and Loara Street for tree planting
purposes.
4. That trash storage areas shall be provided in accordance with approved
plans on file with the office of the Director of Public Works.
5. That fire hydrants shall be installed and charged as required and
determined to be necessary by the Chief of the Fire Department prior to commence-
ment of structural framing.
6. That subject property shall be served by underground utilities.
7. That a six-foot masonry wall shall be constructed along the south and
east property lines.
8. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
9. 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.
10. That appropriate water assessment fees as determined by the Director
of Public Utilities shall be paid to th~ City of Anaheim prior to the issuance
of a building permit.
11. That this Variance is granted subject to the completion of Reclassifica-
tion No. 71-72-18, now pending.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - April 29~ 1975~ 1:30 P.M.
12. That detailed plans shall be submitted to the Development Services
Department for review and approval of the carports which are to be partially
enclosed on each of three sides and showing the means by which the required 100
cubic feet of general storage space for each dwelling unit will be provided,
prior to the issuance of a building permit.
13. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 through 6.
14. That Condition Nos. 1, 2, 3 and 11, above-mentioned, 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 or City Council may grant.
15. That Condition Nos. 4, 6, 7, 8 and 13, above-mentioned, shall be
complied with prior to final building and zoning inspections.
Appeal from action taken by the City Planning Commission was filed by
Mr. K. A. Nelson of the Nelson/Covington Company and public hearing scheduled
this date.
Mr. Roberts reported that subsequent to the filing of an appeal on this
variance, staff has met with the developer and he now concurs with all recommenda-
tions of the City Planning Commission. He further explained that at the time
the City Planning Commission took their action on this matter there was a
dispute as to whether or not yard requirements should be applied to entry
alcoves, since the buildings were designed with entry alcoves rather than doors
facing on an exterior wall. By a strict and literal interpretation of the
Code, the distance between the walls of these alcoves would have to be 12 to 15
feet rather than the 5 to 6 feet proposed. The City Planning Commission felt
it would be reasonable, under the circumstances, to allow the distances the
applicant was actually proposing and apply the greater yard requirements to the
outside building wall rather than the alcove. The applicant has made some
other modifications regarding distances between the buildings which satisfy
Code requirements.
Mr. Nelson was present and indicated he was in agreement with the proposal
and conditions as recommended by the City Planning Commission.
The Mayor asked if anyone wished to address the City Council, either in
favor or in opposition.
Mr. Ed Leahy, 8808 Grant Circle, Buena Park, California, representing
Southern Pacific Railroad inquired what type of separation is planned from this
high density development which is adjacent to an operating railroad right-of-
way.
Mr. Nelson advised that along the entire property abutting the railroad
there will be the back of the carports and the wall will be extended along the
additional 10 feet of open parking area.
The Mayor asked if anyone else wished to address the Council; there being
no response, he declared the hearing closed.
ENVIRONMENTAL IMPACT REPORT FINDING: On motion by Councilman Pebley, seconded
by Councilwoman Kaywood, the City Council sustained the finding reported by the
City Planning Commission that on December 31, 1974, the City Council had certi-
fied E.I.R. No. 137 for development of subject property with an apartment
complex consisting of 420 units, the subject proposal is for 390 units and,
therefore, determined that further review of the environmental impact is not
necessary. MOTION CARRIED.
RESOLUTION NO. 75R-211: Councilman Pebley offered Resolution No. 75R-211 for
adoption, granting Variance No. 2684, subject to the conditions recommended by
the City Planning Commission.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO.
2684, IN PART.
75-401
City Hall~ Anaheim~ California - COUNCIL MINUTES - April 29, 1975, 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. 75R-211 duly passed and adopted.
PUBLIC HEARING - VARIANCE NO. 2685: Application of Masami O§ata for the following
Code waiver to establish a lot without frontage on a public street on CL zoned
property located on the south side of Ball Road, west of Beach Boulevard was
submitted together with application for exemption status from the requirement
to prepare an environmental impact report:
a. Requirement that all lots abut a public street.
The City Planning Commission, pursuant to Resolution No. PC75-63, reported
that the Director of Development Services has determined that the proposed
activity falls within the definition of Section 3.01, Class 5 of the City of
Anaheim Guidelines to the requirements for an environmental impact report and
is, therefore, categorically exempt from the requirement to file an E.I.R.; the
City Planning Commission further denied Variance No. 2685.
Appeal from action taken by the City Planning Commission was filed by
Mr. Stephen W. Bradford, Agent, and public hearing scheduled this date.
Mr. Roberts briefed the location of subject property which is slightly
under one acre in size and is currently zoned CL. He reiterated that the
applicant is requesting a waiver from the Code requirement which specifies that
all parcels have frontage on a public street. The petitioner proposes to
divide the property into two separate lots, creating one parcel to the rear
which would not have frontage on a public street. The proposed lot split would
separate two activities presently being conducted, commercial on the front
portion consisting of medical-dental buildings and a rear portion consisting of
two single-family residential structures. The petitioner has indicated that he
intends to provide an access easement to the proposed land-locked Parcel "B" on
the southerly end of the property.
Mr. Roberts reported that the General Plan designates the property appro-
priate for general commercial uses. The reason given for the proposed lot
split was that an institutional lender will not release funds to a combined
commercial-residential use. Mr. Roberts read the findings from the City Plan-
ning Commission resolution upon which they based their denial of Variance No.
2685.
The Mayor asked if the applicant or his agent were present and wished to
address the City Council.
Mr. Stephen W. Bradford, Agent, 4896 Main Street, Yorba Linda, submitted
a revised plot plan and advised that the applicant also owns the parcel immedi-
ately adjacent and to the east of subject property. The revised plan shows an
alternative to the original access easement plan by providing access to Parcel
"B" through an existing parking lot. They feel this will eliminate the problems
which were foreseen on the original application plan which provided for access
to Parcel "B" through Parcel "A". This is the primary reason they filed the
appeal. He advised that the applicant wishes to improve the medical-dental
bu'ilding and, in order to qualify for the loan he must separate the residential
from the commercial use.
The revised plot plan was reviewed at the Council table and the alternate
access now proposed by the applicant was noted. Mr. Bradford assured Council
that the applicant does not have any plans at present for the parcel to the
east but does have title to the property and, therefore, can provide the
easement to Parcel "B". ~
Mr. Bob Dultz, 3026 West Ball Road, explained that in order to develop the
parcel to the east, he must first pay for an existing contract of sale which
requires that He obtain financing and in turn, in order to receive, the approval
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City Hall, Anaheim, California - COUNCIL MINUTES - April 29, 1975~ 1:30 P.M.
of a lending institution he has to separate the commercial and residential
uses. He explained that the two residential structures are presently occupied
by himself and relatives. He advised that he intends in the future to develop,
once he has obtained financing, the parcel to the east and would probably
combine that with the new Parcel "B" and develop to some commercial use.
Councilman Seymour inquired if two years would be sufficient time for
Mr. Dultz to arrange his financial matters and then combine the two properties
in the manner he outlined, and Mr. Dultz stated that this would be agreeable.
The Mayor asked if anyone wished to address the Council either in favor or
in opposition and there being no response, he declared the hearing closed.
CATEGORICAL EXEMPTION - ENVIRONMENTAL IMPACT REPORT: On motion by Councilwoman
Kaywood, seconded by Councilman Seymour, the City Council ratified the determina-
tion of the Director of Development Services that the proposed activity falls
within the definition of Section 3.01, Class 5 of the City of Anaheim Guidelines
to the requirements for an environmental impact report and is, therefore,
categorically exempt from the requirement to file an environmental impact
report. MOTION CARRIED.
RESOLUTION NO. 75R-212: Councilman Seymour offered Resolution No. 75R-212
for adoption, approving Variance No. 2685, subject to the following Interdepart-
mental Conditions, with amendments to Condition Nos. 4, 7, and 8, as shown and
further subject to an additional Condition No. 10 to provide that said variance
will terminate in two years.
1. That all engineering requirements of the City of Anaheim, along Ball
Road, including preparation of improvement plans and installation of all improve-
ments such as curbs and gutters, sidewalks, street grading and paving, drainage
facilities, or other appurtenant work shall be complied with as required by the
City Engineer and in accordance with standard plans and specifications on file
in the Office of the City Engineer; that street lighting facilities along Ball
Road shall be installed as required by the Director of Public Utilities, and in
accordance with standard plans and specifications on file in the Office of the
Director of Public Utilities and that a bond in an amount and form satisfactory
to the City of Anaheim shall be posted with the City to guarantee the installa-
tion of the above mentioned requirements.
2. That the owner(s) of subject property shall pay to the City of Anaheim
the sum of 60¢ per front foot along Ball Road for tree planting purposes.
3. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Director of Public Works.
4. 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 sub-
ject property shall be submitted to and approved by the City of Anaheim and
then be recorded in the Office of the Orange County Recorder. The property
boundaries shall be located in such a manner a~ to comply with all Building
Code requirements.
5. 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.
6. That a 6-foot masonry wall shall be constructed along the west property
line.
7. That a perpetual easement agreement for a strip of land 20 feet wide
for access purposes across the parcel to the east of subject property to Parcel
"B" ' pP y the City Attorney s Office and then
shall be submitted to and a roved b '
be filed and recorded in the Office of the Orange County Recorder concurrently
with the parcel map.
8. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit
No. 1, Revision No. 1.
9. That Condition Nos. 1, 2, 3, 4, 6, 7, and 8, above-mentioned, 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 withih
a period of one year from date hereof, whichever occurs first, or such further
time as the City Council may grant.
10. That this variance is granted for a period of two years from date
hereof during which time the property owner will take necessary steps to com-
bine Parcel "B" with an adjacent parcel having frontage on a public street,
thereby eliminating the need for a variance.
75-403
City Hall, Anaheim, California - COUNCIL MINUTES - April 29, 1975, 1:30 P.M.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO.
2685.
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. 75R-212 duly passed and adopted.
PUBLIC HEARING - RECLASSIFICATION NO. 65-66-59 (READVERTISED): Application by
Orange Savings and Loan Association to consider amendment to Condition No. 5,
requiring dedication of vehicular access rights to Harbor Boulevard, was sub-
mitted together with application for negative declaration status from the
requirement to prepare an environmental impact report. Subject property was
approved for CO zoning and is located at the southwest corner of Santa Ana
Street and Harbor Boulevard.
The City Planning Commission, pursuant to Resolution No. PC75-64, reported
that the Director of Development Services has determined that the proposed
activity falls within the definition of Section 3.01, Class 5 of the City of
Anaheim Guidelines to the requirements for an environmental impact report and
is, therefore, categorically exempt from the requirement to prepare an environ-
mental impact report, and further recommended that the City Council deny the
requested amendment of Condition No. 5 of Resolution No. 66R-68.
Councilman Seymour left the Council Chamber. (3:30 P.M.)
Mr. Roberts described the location of subject property and explained that
Reclassification No. 65-66-59 covers a number of other parcels in addition to
this property. The applicant is requesting that Condition No. 5 be amended for
their property only to permit them to retain access rights to Harbor Boulevard
from said property. Their plans indicate they intend to construct a new 3,500-
square foot facility at this site with 25 parking spaces and the existing tem-
porary facility would be removed. Access would be taken from an existing
driveway onto Santa Ana Street and at the easterly edge of the property onto
Harbor Boulevard. It is, however, proposed that the Harbor Boulevard driveway
will be designed as an exit only drive.
Councilman Seymour returned to the Council Chamber. (3:33 P.M.)
Mr. Roberts briefly related the basis upon which the City Planning Commis-
sion recommended denial as set forth in the Planning Commission resolution.
The Mayor asked if the applicant or his agent were present and wished to
address the City Council and there was no representative from Orange Savings
and Loan Association in the Council Chamber.
The Mayor asked if anyone wished to address the City Council either in
favor or in opposition to the requested amendment to conditions of approval of
Reclassification No. 65-66-59, and there being no response, he declared the
hearing closed.
CATEGORICAL EXEMPTION - ENVIRONMENTAL IMPACT REPORT: On motion by Councilman
Sneegas, seconded by Councilman Pebley, the City Council ratified the determina-
tion of the Director of Development Services that the proposed activity falls
within the definition of Section 3.01, Class 5 of the City of Anaheim Guidelines
to the requirements for an environmental impact report and is, therefore,
categorically exempt from the requirement to file an environmental impact
report. MOTION CARRIED.
On suggestion by the City Council, the Zoning Supervisor was instructed to
attempt to contact the applicants to determine whether or not they had received
notification that the public hearing was scheduled this date and wished to make
some input prior to Council's decision.
75-404
City Hall~ Anaheim, California - CODNCIL MINUTES - April 29~ 1975~ 1:30 P.M.
Later in the meeting, Mr. Roberts reported that the architect for Orange
Savings and Loan Association had been contacted, and he reported that they
intend to proceed and develop in accordance with existing regulations and will
submit a letter to this effect, requesting a withdrawal of their request for
amendment to Condition No. 5.
RESOLUTION NO. 75R-213: Councilwoman Kaywood offered Resolution No. 75R-213
for adoption, denying the requested amendment to Condition No. 5 of Resolution
No. 66R-68.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING A REQUEST TO
AMEND CONDITION NO. 5 OF RESOLUTION NO. 66R-68 IN CONNECTION WITH RECLASSIFI-
CATION NO. 65-66-59 (1).
Roll Call Vote: (Taken after Recess; see Page No. 75-406, Councilmen
Sneegas and Pebley returning at 4:40 p.m. and 4:45 p.m., respectively from
said Recess.)
AYES: COUNCIL MEMBERS: Kaywood, Seymour and Thom
NOES: COUNCIL MEMBERS: None
TEMPORARILY ABSENT: COUNCIL MEMBERS: Pebley and Sneegas
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 75R-213 duly passed and adopted.
SOLICITATION OF CHARITY FUNDS - LONG BEACH COUNCIL PIONEER WOMEN: On motion by
Councilman Sneegas, seconded by Councilwoman Kaywood, the City Council granted
t.he request for permission to solicit charity funds within the City of Anaheim
for the period of April 1 through 30, 1975 as requested by the Long Beach
Council Pioneer Women, subject to submission of a list of all solicitors who
will work on the fund raising campaign, in accordance with provision of Anaheim
Municipal Code Section 7.32.020.040, as recommended by the City Attorney's
Office. MOTION CARRIED.
DISCUSSION - FLAGS~ PENNANTS~ DIRECTIONAL SIGNS~ AND BILLBOARDS ADVERTISING SALE
OF RESIDENTIAL DWELLING UNITS: Request of Manuel Perez, Director, Governmental
Affairs, Orange County Chapter of the Building Industry Association relative to
modification to the sign ordinance pertaining to the size of signs, use of
flags, pennants, etc., advertising the sale of residential dwelling units was
submitted, and Mr. Perez was invited to address the Council.
Mr. Perez briefed the formulation and functions of the Building Industry
Association. He noted that home builders are dependent upon signs and banners
to attract the necessary customer traffic to view their projects. Consequently,
in reaction to the recent enforcement of the amendment to the sign ordinance,
the Building Industry Association has formed the Anaheim Advancement Council
which is comprised totally of builders presently engaged in construction in the
City of Anaheim. He introduced the Chairman of this newly formed Council,
Mr. James Chaffin of Classic Development.
Mr. Chaffin, 7812 Sun View, Orange, advised that they formed this Council
when the builders became concerned regarding the enforcement of the recent
amendments to the sign ordinance; in particular the prohibition of flags. He
observed that the builders have multi-million dollar investments in the City
and are consequently committed to moving their products. They have been faced
with the prospect of suddenly not being allowed to use some of the advertising
tools utilized historically in real estate sales.
The Anaheim Advancement Council wishes to make the following requests of
the City Council:
1. They are requesting permission to place 20 flags, 4 by 6 in size, at
each project site on the site itself. These flags to be maintained in good
condition.
2. They request permission to use temporary directional signs on weekends
only.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 29, 1975, 1~30 P.M.
3. These requests are for a 90-day interim period. At the end of this
time they would seek to enter negotiations with the City on some of these
points as well as the sign ordinance itself, which they feel needs some minor
adjustment which would make it beneficial to builders and at the same time not
remove the intent of the changes which were made.
Mr. Chaffin noted that the Federal Government presently has a campaign on
to push the building industry, and the builders in the City of Anaheim would
like very much to reduce their inventories.
During discussion of the situation with Council, Mr. Chaffin pointed out
that the builders are victims of history by virtue of the fact that the potential
homebuyer is accustomed to seeing flags on the model site and when these are
not present, he assumes that the development is sold out and does not bother to
stop.
Mr. Kelly Herold of Westfield Marketing and marketing consultant to
Larry Armour and Company, and Mr. Eric Wittenberg, 606 South Hill Street,
Los Angeles, also spoke on behalf of the building industry, relating that many
dollars are spent in newspaper advertising to draw people to the general hill
and canyon area, but once these people are there, the directional signs are
necessary to direct people to where the actual projects and models are located
and some of these are not on the main streets but are tucked away and may go
unnoticed. Further, in an established area the models are not easily recogniz-
able from the tract itself without the use of the flags. Mr. Herold stated
that although his advertising budget has remained the same, they have lost 50%
of their traffic and the only thing which he can attribute this to would be
lack of directional signs and flags.
Mayor Thom advised that he thought that when the amendment to the sign
ordinance was recommended by the Canyon Area General Planning Task Force, it
had received the tacit agreement of those on the Task Force representing the
building industry, that they felt it was livable and workable.
Councilman Seymour indicated he would be amenable to discussing the problem
in much the same manner as it was also discussed when the homeowners' associa-
tions complained and he would offer the Canyon Area General Planning Task Force
as a sounding board. He was skeptical, however, that the lack of flags and
directional signs were the prime factors in the decreased traffic which the
builders are experiencing. He indicated he would not favor a 90-day moratorium
on the sign regulations.
Councilman Pebley voiced the opinion that the only people who would observe
flags on a model complex are the people visiting that complex since the sur-
rounding areas are generally undeveloped. He favored permitting the builders 8
to 10 flags on the model complex site itself.
Councilman Sneegas stated that from his experience, living in the hill and
canyon area, 75% of the traffic coming through on weekends consists of people
looking for model homes and without flags, these are very difficult to differen-
tiate from homes in which people are living since all of the homes in the area
are relatively new.
Mr. John Millick, Vice President, Anaheim Hills, Inc., and member of the
Canyon Area General Planning Task Force, advised that they originally had a "no
flags" policy on the ranch. Subsequently, because some builders indicated they
were having problems particularly when located in out-of-the way places, a
controlled bootleg directional sign and flag program was permitted on weekends.
According to the weekly survey of builders in the hill area, Mr. Millick reported
that 63 homes were sold in March and 43 in April. He advised that there has
been a drop in traffic and in sales, but could not speculate as to how much of
this was due to flags and how much due to bad weather, but he stressed that the
fact remains that there was a drop.
Councilman Seymour suggested that the City Council schedule a public
hearing three weeks from this date and that prior to that time, a committee of
two Council Members and appropriate City staff discuss the problem with the
Anaheim Advancement Council representatives and formulate some recommendations
for consideration by the full Council at this public hearing.
75-406
City Hall, Anaheim, California - COUNCIL MINUTES - April 29~ 1975, 1:30 P.M.
Mr. Perez stressed that they do not wish a comprehensive redesign of the
sign ordinance but simply to review some minor problems, and to consider permit-
ting the use of flags and directional signs.
Mayor Thom advised that the Anaheim Advancement Council could expect to
receive much more opposition from homeowners' associations in the hill and
canyon area to a review of the sign ordinance as it pertains to billboards, and
the members of the Anaheim Advancement Council present determined that they
would prefer to discuss the ordinance as it relates to flags, pennants and
directional signs only.
On ascertaining from the Anaheim Advancement Council that they wished to
discuss at the public hearing the use of flags and directional signs, Councilman
Seymour moved that a duly noticed public hearing be scheduled for May 20, 1975,
to discuss same and that in the interim period, two Council Members, plus
appropriate City staff, meet with the Anaheim Advancement Council for the
purpose of formulating a recommendation on the matter to be considered at the
public hearing. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Brief discussion was held on the matter of whether or not the Council
would permit the use of the flags during the three weeks leading up to the
public hearing, and the City Attorney advised that since there is an ordinance
prohibiting same, the only way to legally permit this would be to amend that
ordinance. On the other hand the Council might notify City staff not to enforce
said ordinance.
The Council determined that they did not wish to amend the ordinance
without a public hearing. Councilman Seymour stated that he would be interested
in reviewing the sale statistics over the next three-week period without the
use of flags and directional signs.
At the conclusion of discussion, Councilman Seymour offered to meet as one
of the designated Council Members with the Anaheim Advancement Council.
RECESS: Councilwoman Kaywood moved for a five-minute recess; Councilman Thom
seconded the motion. MOTION CARRIED. (4:30 P.M.)
AFTER RECESS: After recess Mayor Thom called the meeting to order, all Council
Members being present with the exception of Councilmen Pebley and Sneegas.
(4:35 P.M.)
RESOLUTION NO. 75R-214 - ENCROACHMENT PERMIT NO. 74-21E: Submitted by Mr. John F.
Euston, Armour Building Company, proposing to allow an existing block, retaining
wall to encroach into a dedicated right-of-way on Frontera Street as shown in
Tract No. 7802 located south of the Riverside Freeway, east of Rio Vista Street.
Also submitted were reports from the City Engineer dated April 9 and April
29, 1975, recommending that a temporary encroachment permit be granted, and
that the applicant be required to apply for abandonment of this particular
area.
Councilman Sneegas entered the Council Chamber and Councilman Seymour left
the Council Chamber. (4:40 P.M.)
Mr. Murdoch commented that it would appear there is no reason the normal
abandonment fee should not be charged this applicant, and Mr. Watts suggested
that the condition regarding fees be amended to indicate that the normal
abandonment fee, including advertising costs, be paid by the applicant.
RESOLUTION NO. 75R-214: Councilman Thom offered Resolution No, 75R-214 for
adoption, approving a temporary Encroachment Permit No. 74-21E, subject to the
following conditions:
1. That the applicant is to widen the existing sidewalk at all locations
where pedestrian and/or wheelchair circulation is restricted by the construction
of said retaining wall and existing utilities, i.e., power poles and/or fire
hydrants.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 29~ 1975~ 1:30 P.M.
2. That this encroachment permit is issued temporarily subject to the
applicant processing an application for an abandonment of the subject area and
to pay full fees for same, including the cost of advertising.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND
CONDITIONS OF TEMPORARY ENCROAC}IMENT PERMIT AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE SAID ENCROACHMENT PERMIT WITH VILLA FRONTERA TOWNHOUSES, A
PARTNERSHIP (74-21E).
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
TEMPORARILY ABSENT: COUNCIL MEMBERS: Seymour and Pebley
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 75R-214 duly passed and adopted.
Councilman Seymour returned to the Council Chamber. (4:41 P.M.)
STREET NAME CORRECTIONS - TRACT NOS. 7787 AND 8514: On motion by Councilman
Sneegas, seconded by Councilman Seymour, the City Council authorized the follow-
ing corrections to street names as recommended by the Building Division: Tract
No. 7787 corrected from Paseo Rio Blanca to Paseo Rio Blanco. Tract No. 8514
corrected from Summit Drive to Lake Summit Drive. Councilman Pebley temporarily
absent. MOTION CARRIED.
Councilman Pebley returned to the Council Chamber. (4:45 P.M.)
FINAL FLOOR PLANS, ELEVATIONS AND SITE PLANS~ FINAL MAP TRACT NO. 8511~ REVISION 3:
Developer William Lyon Company; tract located north of Orangethorpe Avenue on
Willow Woods Drive, east of Kellogg Drive; containing four RM-2400 zoned lots.
Thm City Planning Commission at their meeting of April 14, 1975, reviewed
and approved the final floor plans and elevations for Tentative Tract No. 8511,
Revision No. 3, as submitted.
The City Engineer recommended approval subject to the City Council approval
of final floor plans and elevations and reported that said final map conforms
substantially with the tentative map previously approved, that bonds have been
forwarded to the City Attorney for approval and required fees paid.
Councilman Seymour moved that final floor plans, elevations, site plans
and Final Map Tract No. 8511, Revision 3, be approved, as recommended. Councilman
Sneegas seconded the motion. Councilwoman Kaywood voted "no". ~OTION CARRIED.
FINAL FLOOR PLANS, ELEVATIONS AND SITE PLANS~ FINAL MAP TRACT NO. 8707: Developer
William Lyon Company; property located on Cresthill Drive, east of Kellogg
Drive; containing 42 RS-5000 zoned lots.
The City Planning Commission at their meeting of April 14, 1975, reviewed
and approved the final floor plans and elevations for Tentative Tract No. 8707,
as submitted.
The City Engineer recommended approval subject to the City Council's
approval of final floor plans and elevations and reported that said final map
conforms substantially with the tentative map previously approved, that bonds
have been forwarded to the City Attorney for approval and required fees paid.
Councilman Sneegas moved that final floor plans, elevations, site plans
and Final PEp Tract No. 8707 be approved, as recommended. Councilman Seymour
seconded the motion. Councilwoman Kaywood voted "no". MOTION'CARRIED.
NEGATIVE DECLARATION - GRADING PERMITS 4771 THROUGH 4791 LAKEVIEW AVENUE:
Application for negative declaration from the requirement to prepare an environ-
mental impact report in connection with grading permits for four single-family
lots adjacent to Lakeview Avenue, was continued to this date from the meeting
of April 22, 1975.
Mr. Roberts stated that following the Council meeting last week,
Mr. Roland Krueger of the Peralta Hills Improvement Association was advised
that subject application would be discussed this date.
75-408
City Hall~ Anaheim~ California - COUNCIL MINUTES - April 29~ 1975~ 1:30 P.M.
Mr. Cal Queyrel, representing the property owner, indicated that Mr. Franz
has acquired the additional 700 square feet of property and now has four legal
one-acre lots. This additional strip of property may be located in the road
right-of-way, but still brings the four lots up to legal size. He recalled
that Mr. Franz' Variance No. 2649 for waiver from minimum lot size was denied
by the City Council. Mr. Queyrel advised that no dedication for widening or
realignment of Lakeview Avenue is required of this property at this time.
Councilman Sneegas pointed out that if the applicant has sufficient prop-
erty to establish four legal one-acre lots, he would question whether the
Council has any legal right to keep him from developing same. Councilwoman
Kaywood was concerned because the additional property was located along the
Lakeview Avenue frontage and would actually be in the right-of-way. Councilman
Seymour voiced the opinion that this action would create two addit~onal home-
owners who would be in opposition to widening of Lakeview Avenue and felt that
this alignment should be established to avoid the difficulties encountered with
Fairmont Boulevard.
On motion by Councilman Pebley, seconded by Councilman Sneegas the City
Council finds that this project will have no significant effect on the environ-
ment and is exempt from the requirement to prepare an environmental impact
report. MOTION CARRIED. To this motion, Councilwoman Kaywood voted "no".
REQUEST - PERMISSION TO ERECT TENTS - CHRIST IS THE ANSWER CRUSADE: Mr. Roberts
submitted and read a letter received from "Christ is the Answer Crusade" dated
April 22, 1975, which generally requests they be permitted to establish one
large meeting tent, two dormitory tents, one storage tent and one circular
prayer tent on vacant property on the northwest corner of Manchester Avenue and
Freedman Way for a period of one month beginning May 1, 1975, for the purpose
of conducting daily prayer meeting during this period. They further request
permission for the parking of campers and other accessory vehicles to be used
for shelter, food preparation and sanitary facilities.
Mr. Roberts advised that this letter was not received in time for review
and preparation of recommendation by the various affected City departments and
he would therefore recommend that if it is the desire of the Council to approve
the request, that this approval be conditioned upon every aspect 'of the operation
being reviewed by the various City departments prior to their erecting the
tents. He stated that the organization indicates that they are pressed for
time.
Mr. Michael ~ddox, representative of Christ is the Answer Crusade advised
that this group has been in 26 cities in the last three years and has passed
every inspection of their facilities. He voiced confidence that they would
meet the requirements of the City of Anaheim. He reported that they have
negotiated a contract with Coldwell Banker Company for use of the 12 acres
located at the northwest corner of Manchester Avenue and Freedman Way, which
contract specifically states that the organization's use of the premises will
at all times comply with all applicable codes, ordinances and regulations of
the City of Anaheim; should they fail to comply, the lease would be terminated
and they would be ordered off the property. This lease agreement also stipulates
that they provide insurance policies to cover $1,000,000 bodily liability and
$100,000 for property damage liability effective May 1, 1975, which they have
obtained. The only thing lacking at this time is approval by the City to set
up their activity, and once permission is granted, they will sign the lease.
Mr. Maddox related the group's previous experience in Washington, D. C.,
where they were permitted a two-month encampment at the Washington Monument and
submitted notebooks containing pictures of said activity. He assured Council
that it was their intent to comply with all City ordinances and regulations.
(The photographs were reviewed by Council Members and returned to Mr. Maddox).
In reply to Council, Mr. Maddox stated that they do have people trained to
perform traffic control functions; that they would have adequate lighting for'
the parking area. He explained the method they plan to use for ingress and
egress to the property and that they have agreed to mow all 12 acres. He
75-409
City Hall, Anaheim, California - COUNCIL MINUTES - April 29~ 1975.~ 1:30 P.M.
reported that attendance at their previous location in Riverside was approxi-
mately 250 persons daily, but they expect in Anaheim to attract 500 to 600
people on weekdays and 1000 to 1500 on weekends.
Councilman §neegas moved that the request for permission to erect tents
for a period of one month beginning May 1, 1975, by "Christ is the Answer
Crusade" be approved in accordance with Council Policy No. 605, subject to the
facility so erected passing all inspections by City departments. Councilman
Pebley seconded the motion. MOTION CARRIED.
Councilman Sneegas further asked if the applicant would be willing to
provide 4 off-duty policemen for traffic and crowd control at their expense if
this proves necessary, to which Mr. Maddox replied affirmatively. He further
agreed to supply a copy of their lease for subject property to the City
Attorney's Office.
Mr. Maddox reported that they had closed down their meetings in Riverside
on April 27, 1975, and had equipment loaded and were prepared to move immediately.
Mr. Roberts suggested that the applicant contact affected City departments
tomorrow morning before he signs the lease and moves onto the property, so that
he could be certain there will be no problem with facilities and arrangement
plans prior to signing the agreement. Mayor Thom concurred.
CONDITIONAL USE PERMIT NO. 1215 - REQUEST TO CONSTRUCT A GAZEBO: Mr. Roberts
submitted plans received from the Camelot Miniature Golf Park located on the
south side of Carpenter Street adjacent to the Riverside Freeway, to construct
a gazebo in the center of the golf establishment which wonld contain 650 square
feet and house 4 hockey machine games. He reported that the City Planning
Commission at their meeting held April 28, 1975, determined that the proposed
gazebo and games are within the scope of the Miniature Golf Course and related
clubhouse activities granted under Conditional Use Permit No. 1215.
On motion by Councilman Sneegas, seconded by Councilman Pebley, the City
Council sustained the finding of the City Planning Commission in connection
with the proposed gazebo to be constructed under Conditional Use Permit No.
1215 and approved the plans submitted. MOTION CARRIED.
AUTHORIZATION FOR REVIEW OF CHAPTER 18.04 AND 18.08 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO CONDOMINIUM CONVERSIONS: Brief Council discussion regarding condo-
minium conversions was prompted by the request for direction in this matter
from the Zoning Supervisor.
Councilman Pebley voiced his concern that while he could envision the
conversion of some of the one-story garden type projects built from approximately
1960-64 in Anaheim, he would not be in favor of converting the more typical
two-story apartment units which are economically constructed. Therefore, he
indicated that the conversion ordinance should remain as it is since it is
restrictive and permits the Council greater control.
Councilman Seymour was of the opinion that the conversion ordinance as it
is written is unfair to the applicant inasmuch as it presents no guidelines. He
stated that if the City Council truly wishes no apartment house to condominium
conversions, then that is what the ordinance should say, rather than setting
forth conditions which no apartment house could meet. He indicated that he
believes in apartment house conversions since this type of housing fulfills a
need in the market. He suggested that staff could prepare guidelines by review-
ing the higher quality apartment construction.
Councilwoman Kaywood noted that the conversion ordinance was just recently
adopted and that the Planning staff has sufficient work already without conduct-
ing this additional review. She stated that the existing ordinance does permit
conversions if the structure can meet the conditions, and further observed that
the ordinance could not be too restrictive when out of two requests for conver-
sions received by the Council so far, both were approved.
Councilman Seymour reiterated that the ordinance as written is inverse and
indirect because it is obvious that it is impossible for most existing apartment
houses to comply with the site development standards for the RM-4000 Zone. as is
75-4]_0
City Hall, Anaheim, California - COUNCIL MINUTES - April 29~ 1975~ 1:30 P.M.
required. He noted that this, in fact, means there are no guidelines because
each case is reviewed as a variance procedure and this makes conversion of
apartments to condominiums subject to the discretion of the Council.
On motion by Councilman Seymour, seconded by Councilman Pebley, the City
Council authorized Development Services Department to review apartment to
condominium conversion regulations as set forth in Sections 18.04 and 18.08 of
the Anaheim Municipal Code in an attempt to formulate guidelines for this
activity. To this motion, Councilwoman Kaywood voted "no". MOTION CARRIED.
It was further requested by Council that the Development Services Depart-
ment, Planning Division, prepare and submit a listing of proposed study prior-
ities for Council review and approval.
RESOLUTION NOS. 75R-215 THROUGH 75R-220 - AWARD OF CONTRACTS: The City Clerk
called attention to the recommendation of the City Engineer that the contract
for Work Order No. 731-A be awarded to the second low bidder, and the low
bidder permitted to withdraw because of mathematical error.
In accordance with recommendation of the City Engineer, Councilman Pebley
offered Resolution Nos. 75R-215 through 75R-220 for adoption.
Refer to Resolution Book.
RESOLUTION NO. 75R-215 - ACCOUNT NO. 322-297: 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 LABOR AND EQUIPMENT TO
CUT AND REMOVE ALL RANK GROWTH AND WEEDS AND REMOVE RUBBISH, REFUSE AND DIRT
UPON ANY PARCEL OR PARCELS OF REAL PROPERTY OR ANY PUBLIC STREET IN THE CITY OF
ANAHEIM, ACCOUNT NO. 322-297. (Harold Watts, $30,170.00)
RESOLUTION NO. 75R-216 - WORK ORDER NO. 731-A: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO
THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES,
MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER,
FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT: THE MODIFICATION OF TRAFFIC SIGNALS AND SAFETY
LIGHTING AT VARIOUS LOCATIONS IN THE CITY OF ANAHEIM. WORK ORDER NO. 731-A.
(Steiny & Company, $71,472.00)
RESOLUTION NO. 75R-217 - WORK ORDER NO. 732-A: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO
THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES,
MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER,
FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT: THE INSTALLATION OF TRAFFIC SIGNALS AND SAFETY
LIGHTING AT THE INTERSECTION OF CERRITOS AVENUE AND NUTWOOD STREET, IN THE CITY
OF ANAHEIM, WORK ORDER NO. 732-A. (Baxter-Griffin, $32,914.00)
RESOLUTION NO. 75R-218 - WORK ORDER NO. 733-B: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO
THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES,
MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER,
FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT: THE INSTALLATION OF TRAFFIC SIGNALS AND SAFETY
LIGHTING AT THE INTERSECTION OF SUNKIST STREET AND WAGNER AVENUE, IN THE CITY
OF ANAHEIM, WORK ORDER NO. 733-B. (Baxter-Griffin, $37,856.00)
RESOLUTION NO. 75R-219 - WORK ORDER NO. 734-B: A RESOLUTION C,F THE CITY COUNCIL
OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO
THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES,
MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER,
FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT: THE INSTALLATION OF TRAFFIC SIGNALS AND SAFETY
LIGHTING AT THE INTERSECTION OF BALL ROAD AND EMPIRE STREET, IN THE CITY OF
ANAHEIM, WORK ORDER NO. 734-B. (Baxter-Griffin, $31,922.00)
75-411
City Hall, Anaheim, California - COUNCIL MINUTES - April 29, 1975, 1:30 P.M.
RESOLUTION NO. 75R-220 - WORK ORDER NO. 748-B: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO
THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES
MATERIALS AND EQUIPMENT ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL
AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT: THE INSTALLATION OF TRAFFIC SIGNALS AND SAFETY
LIGHTING AT THE INTERSECTION OF KATELLA AVENUE AND DOUGLASS ROAD, IN THE CITY
OF ANAHEIM, WORK ORDER NO. 748-B. (Grissom & Johnson, $47,669.00)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 75R-215 through 75R-220, both inclusive,
duly passed and adopted.
ORDINANCE NO. 3417: Councilman Pebley offered Ordinance No. 3417 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING. (71-72-30(5) - RS-7200)
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. 3417 duly passed and adopted.
ORDINANCE NO. 3418: Councilman Thom offered Ordinance No. 3418 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AN AMENDMENT
TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. (Credit for unused sick leave)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley and Thom
NOES: COUNCIL MEMBERS: Snee§as
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 3418 duly passed and adopted.
ORDINANCE NO. 3419: Councilwoman Kaywood offered Ordinance No. 3419 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 14, CHAPTER 14.32, SECTION
14.32.160 AND ENACTING A NEW SECTION 14.32.160 IN ITS PLACE RELATING TO PARKING.
(Parking restricted - 3 a.m. to 6 a.m. certain streets and parking lots)
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. 3419 duly passed and adopted.
ORDINANCE NO. 3420: Councilwoman Kaywood offered Ordinance No' 3420 for adoption.
Refer to Ordinance Book.
75-412
City Hall~ Anaheim, California - COUNCIL MINUTES - April 29~ 1975~ 1:30 P.M.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING. (74-75-25 - RS-7200)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Pebley~ Sneesas and Thom
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Seymour
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 3420 duly passed and adopted.
Councilman Seymour indicated he wished to abstain from voting on Ordinance
No. 3420 because he conducts business with a resident within the boundaries
described.
ORDINANCE NO. 3421: Councilman Pebley offered Ordinance No. 3421 for first
reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING. (71-72-44(12) - RS-7200)
JOB CLASSIFICATION AND PERFORMANCE EVALUATION STUDY PROPOSAL - ARTHUR YOUNG &
COMPANY: Mr. Garry McRae r~ported that he had met with the Arthur Young & Company
several times to work out a viable arrangement for job classification and pay
study, together with development of a performance evaluation for the City. He
advised that Arthur Young & Company has submitted a proposal to perform these
activities at a contract rate of $59,000. It is not, however, recommended that
the Council adopt the rate offered.
On motion by Councilman Seymour, seconded by Councilman Thom, the City
Council declined the Arthur Young & Company proposal to conduct job classifica-
tion, pay study and performance evaluation for a contract sum of $59,000.
MOTION CARRIED.
Mr. McRae advised that he has reviewed some other alternatives to complete
the recommended job classification study and felt it would be valuable to
continue discussion with Arthur Young & Company regarding some arrangement
wherein they might provide the technical assistance to a City staff project.
He noted that this would extend substantially the time frame within which the
study could be accomplished from 3 to 4 months, as originally suggested, to 3
to 4 years.
By general Council consent, it was determined that it would be productive
for the Personnel Director to continue negotiations with Arthur Young & Company
with the objective of formulating a method to conduct job classification, wage
and performance evaluation study with City staff and technical expertise pro-
vided by Arthur Young & Company.
MEETING WITH ORANGE UNIFIED SCHOOL DISTRICT BOARD OF TRUSTEES: It was determined
by Council Members, in discussion with Mr. Murdoch, that a joint meeting with
the City Council and the Orange Unified School District Board of Trustees would
be held on May 28, 1975, at the Anaheim Stadium Board Room at 6:00 P.M., to be
followed by dinner and an Angel game. The press is invited.
SPECIAL MEETING COUNTY SANITATION DISTRICT REGARDING CONDITIONS PROPOSED FOR THE
SEWER GRANTS IN STATE WATER RESOURCES BOARD RESOLUTION NO. 75: Memorandum from
the City Engineer summarizing the conditions proposed for sewer grants was
submitted, and Mr. Maddox reported that a special meeting of Sanitation Dis-
trict's 1, 2, 3, 5, 6, 7 and 11 will be held at 7:30 P.M. this date.
Mr. Maddox reported that many of the conditions proposed contain blanks in
the cases where percentages and amounts will be inserted and-that if adopted as
proposed, they would severely limit future development in Orange County. He
75-413
City Hall~ Anaheim~ California - COUNCIL MINUTES - April 29~ 1975~ 1:30 P.M.
recommended that the Council instruct their director to strongly oppose the
proposed conditions and urge the formation of a committee, composed of elected
officials from the affected cities to formulate more realistic and practical
conditions to be considered at the meeting of May 12, 1975.
On motion by Councilman Seymour, seconded by Councilman Sneegas the City
Council accepted the recommendations of the City Engineer and instructed the
Council's Representative Director to the County Sanitation District to convey
the position as set forth above for the City of Anaheim. MOTION CARRIED.
ORDINANCES ESTABLISHING COMMUNITY DEVELOPMENT COMMISSION AND HOUSING COMMISSION:
The City Attorney advised that Ordinances establishing the Community Development
Commission and Housing Commission have been prepared, copies submitted for
Council and will be presented for consideration and/or adoption on May 6, 1975.
RESOLUTION NO. 75R-221 - ESTABLISHMENT OF GOLF COURSE ADVISORY COMMISSION:
Councilman Seymour offered Resolution No. 75R-221 for adoption, to establish a
Golf Course Advisory Commission composed of nine members.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING A GOLF
COURSE ADVISORY COMMISSION FOR T~E 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. 75R-221 duly passed and adopted.
RESOLUTION NO. 75R-222 - FRINGE CUSTOMERS AGREEMENT WITH SOUTHERN CALIFORNIA
EDISON COMPANY: Councilman Pebley offered Resolution No. 75R-222 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND
CONDITIONS OF AN AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY IN CONNECTION
WITH THE SERVICE OF FRINGE CUSTOMERS; AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE SAID AGREEMENT.
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. 75R-222 duly passed and adopted.
POSTAL SERVICE REQUIREMENT FOR CURBSIDE MAIL DELIVERY: Memorandum dated April
29, 1975, was submitted from the City Engineer recommending that the following
requirement be approved by the City Council in response to adoption by the
United States Postal Service of a new mail delivery method. The memorandum
reported that (a) Mail will no longer be delivered door-to-door in any newly
constructed single-family residential districts; (b) In multi-family residential
buildings delivery will be made to specified locations of cluster boxes or
apartment receptacles.
Recommended requirement that in all new single-family residential areas,
mailboxes be provided that are accessible from the right hand drive vehicles
operated by th~i~~l service for mail delivery. These mailboxes are to bet
placed 18 f~R~/from the face of the curb. Sidewalks are to be constructed
around these mailboxes within the right-of-way to provide a minimum 4 foot
unobstructed walking surface.
75-414
City Hall, Anaheim~ California - COUNCIL MINUTES - April 29; 1975; 1:30 P.M.
Brief Council discussion relative to the ramifications of the new methods
of delivery was held during which Councilman Pebley voiced concern that auto-
mobiles parked in front of the curbside mail receptacles would obstruct or
cause delay in mail deliveries.
Councilwoman Kay-wood stated that she has given a copy of the new require-
ments to Mr. Jess Perez~ President of the League of Cities~ Orange County
Division, who suggested that the matter be brought up for discussion at the
next board meeting. She noted that a number of cities may be willing to take a
position of opposition on the new requirements.
At the conclusion of discussion, it was determined to defer action on the
recommendation to the meeting of May 6~ 1975, pending further information.
TERMINATION OF AGREEMENT TO SELL CITY-OWNED PROPERTY LOCATED WEST OF DOUGLASS
STREET, SOUTH OF KATELLA AVENUE: The City Attorney reported that on June 25,
1974, the City Council accepted an offer received from Hunsaker Properties to
purchase a parcel of city-owned property located on the west side of Douglass
Street, south of Katella Avenue, for a total of $33,078.65, with good faith
deposit made of $1,000 on June 26, 1974.
To date, the balance of payment for the property has not been tendered
although Hunsaker Properties was requested to pay the balance within 30 days
from July 26, 1974. Real Property Section now advises that there has been an
indication that another party is interested in leasing said property and it is,
therefore, recommended by the City Attorney's Office that the agreement to sell
be terminated with forfeiture of deposit.
On motion by Councilwoman Kaywood, seconded by Councilman Sneegas, the
City Council authorized the termination of agreement to sell city-owned prop-
erty located on the west side of Douglass Street, south of Katella Avenue to
Hunsaker Properties, with forfeiture of the $1,000 good faith deposit tendered
by said Company. MOTION CARRIED.
RATIFICATION OF APPOINTMENT - CITY OF ANAHEIM (CALIFORNIA) STADIUM~ INC. BOARD OF
DIRECTORS - BERNARDO YORBA: The City Clerk submitted a letter dated April 24,
1975, from Mr. Leonard Smith, President of the City of Anaheim (California)
Stadium, Inc., indicating that at the directors meeting held April 23, 1975,
Mr. Bernardo Yorba, 5440 East Santa Ana Canyon Road, Anaheim, 92807, was
elected to that Board of Directors to fill the vacancy created by the resigna-
tion of Mr. Rector L. Coons.
On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the
City Council ratified the election of Mr. Bernardo Yorba to the City of Anaheim
(California) Stadium, Inc., Board of Directors. MOTION CARRIED.
CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Councilman
Pebley, 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. AMUSEMENT DEVICES PERMIT: The following permits were granted subject to
the recommendations of the Chief of Police:
a. Amusement Devices Permit for one coin-operated Junior Deputy Game to
be located at Thrifty Drug Company No. 489, 5560 East Santa Ana Canyon Road.
(Ellis L. Foster Century Corporation, applicant)
b. Amusement Devices Permit for one amusement ride to be located at
Thriftimart Inc., No. 16, 320 State College Boulevard. (Ellis L. Foster
Century Corporation, applicant)
75-415
~ity Mall~ Anaheim, California - COUNCIL MINUTES - April 29~ 1975, 1:30 P.M.
2. CORRESPONDENCE: The following correspondence was ordered received and
filed.
a. Anaheim Parks and Recreation Commission - Minutes - March 20, 1975.
b. Financial and Operating Report for the Month of March, 1975:
City Treasurer
c. Intergovernmental Coordinating Council of Orange County:
Seal Beach Resolution Nos. 2412, 2413, and 2417
Anaheim Resolution Nos. 75R-101 and 75R-167
Los Alamitos Resolution Nos. 733, 734 and 735
Fountain Valley Resolution No. 7283
San Juan Capistrano Resolution No. 75-4-2-8
Villa Park Resolution No. 75-390
La Palma Resolution No. 162
Westminster Resolution No. 1656
d. Notice of Application Before the Public Utilities Commission - Pacific
Telephone.
3. CLAIM AGAINST THE CITY: Claim submitted by Richard Benjamen Vargas for
damage to reputation, loss of earnings and confinement purportedly sustained as
a result of actions of Anaheim Police Department on or about January 1, 1975,
was denied, as recommended by the City Attorney, and ordered referred to the
insurance carrier.
MOTION CARRIED.
WORK ORDER NOS. 1011 AND 1012, SUNKIST AND EUCLID BRANCH LIBRARIES - CALL FOR BIDS:
The City Clerk reported that a recommendation has been received from the City
Engineer that the date for bid opening be extended from May 29, 1975, as
originally listed, to June 12, 1975, for Work Order Nos. 1011 and 1012 for the~
following reasons:
1. That the May 29th date would not allow sufficient time for favorable
subcontractor bids.
2. Notice from the strawberry grower currently at the Sunkist Library
site, that if the City occupies said site before July, 1975, the damages would
be in the amount of $20,000 to $30,000. By delaying bid opening to June 12,
1975, this penalty can be avoided.
Mr. Murdoch noted the status of the proposed 1975-76 budget is still
approximately $1,000,000 out of balance and limits all activities to the
existing personnel with the exception of Police, Fire and Mechanical Mainte-
nance. By calling for bids this date, the library opening dates would be
between April 1, and May 1, 1976 and, therefore, three months staffing must be
provided for. He estimated the total cost to put these two libraries into
operation, once constructed, at $125,000 including personnel, office furniture
and book budget. He noted that it is possible the funding for the office
furniture and books might also come from the $1,000,000 set aside for construc-
tion.
Councilman Seymour felt it might be possible to cover all of the costs,
including personnel, in the $1,000,000 depending on the construction bids
received.
RESOLUTION NOS. 75R-223 and 75R-224: Councilwoman Kaywood offered Resolution
Nos. 75R-223 and 75R-224 for adoption.
Refer to Resolution Book.
RESOLUTION NO. 75R-223 - WORK ORDER NO. 1011 - SUNKIST BRANCH LIBRARY: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING
THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE T~E CONSTRUCTION AND COMPLETION
OF A PUBLIC IMPROVEMENT, TO WIT: SUNKIST BRANCH LIBRARY, IN THE CITY OF
ANAHEIM, WORK ORDER NO. 1011. (Bids to be opened, June 12, 1975, 2:00 P.M.)
76-416
City Hall, Anaheim, California - COUNCIL MINUTES - April 29~ 1975~ 1:30 P.M.
RESOLUTION NO. 75R-224 - WORK ORDER NO. 1012 - EUCLID BRANCH LIBRARY' A RESOLU-
TION 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: EUCLID BRANCH LIBRARY, IN THE CITY OF ANAHEIM,
WORK ORDER NO. 1012. (Bids to be opened, June 12, 1975, 2:00 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 Nos. 75R-223 and 75R-224 duly passed and
adopted.
CHANGE ORDER NO. 1 - WORK ORDER NO. 812: On report and recommendation of the
City Engineer, Councilwoman Kaywood moved that Change Order No. 1, Work Order
No. 812, increasing the contract amount by $9,391.63, be authorized.
Councilman Thom seconded the motion. MOTION CARRIED.
RESOLUTION NO. 75R-225: Upon receipt of certification from the Director of
Public Works, Councilwoman Kaywood offered Resolution No. 75R-225 for adoption.
Refer to Resolution Book.
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: THE TWILA REID PARK IMPROVEMENT, IN THE CITY OF
ANAHEIM, WORK ORDER NO. 812. (Silveri & Ruiz Construction Company)
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. 75R-225 duly passed and adopted.
RESOLUTION NO. 75R-226 - RELATIVE TO COUNCIL'S POSITION - OPPOSING CREATION OF
MANDATORY REGIONAL GOVERNMENTAL AGENCIES AND OPPOSING GRANT OF TAXING POWERS TO
SUCH AGENCIES: Councilwoman Kaywood offered Resolution No. 75R-226, repealing
Resolution No. 75R-145.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING RESOLUTION NO.
75R-145 AND OPPOSING MANDATORY MEMBERSHIP IN THE SOUTHERN CALIFORNIA ASSOCIATION
OF'GOVERNMENTS AND OPPOSING THE GRANTING OF TAXING POWER TO SAID AGENCY.
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. 75R-226 duly passed and adopted.
75-417
City Hall~ Anaheim~ California - COUNCIL MINUTES - April 29~ 1975~ 1:30 P.M.
REQUEST FOR SPONSORSHIP - KINGSMEN DRUM AND BUGLE CORPS: Mayor Thom referred to
the proposal presented to the Council on February 25, 1975, from the Kingsmen
Drum and Bugle Corps for sponsorship by the City of Anaheim, which was referred
to Parks, Recreation and the Arts Department. He advised that subsequent to
the request for a place in which to rehearse and some storage space, Mr. Oliverio
has submitted a request for $4,766, which would be the cost the organization
would incur for placing the name of the City of Anaheim on their equipment.
Mayor Thom noted that to date, Parks, Recreation and the Arts Department
has not found a suitable indoor facility for the group to utilize.
Mr. Murdoch clarified that while no City facilities or other governmental
agency facilities were available, a series of suitable buildings were located
which are privately owned and would necessitate that the City either lease or
purchase these to make them available to this group.
Councilman Pebley advised that it would cost approximately $1,200 to
$1,300 per month to lease an industrial building with 900 square feet as was
discussed.
Councilman Seymour inquired what the cost would be for a temporary building
of a more limited size which the group could use for storage and administrative
office purposes, and suggested this be located some place near Bonzai Park.
Mr. Richard J. Oliverio, Executive Director, Kingsmen Drum and Bugle
Corps, advised that their immediate needs are for storage and rehearsal space.
He indicated that he is working presently with Mr. Wines, Superintendent of the
Anaheim Union High School District to arrange to use the various football
fields for rehearsal. He stated that they would very much like to use the
former Anaheim Civic Theatre after the Ana-Modjeska Players are through with it
for storage. He related that the group's problem is for the next few months
since he feels they will be able to finance a practice hall on their own in
September. He advised that the $4,766 requested is a one-time cost for the
change over to show the name of the City of Anaheim on jackets, equipment,
rolling stock, flags and press kits. He stated that in turn for the sponsorship
to be provided, he had offered the services of the group to the Stadium and
Convention Center.
Councilwoman Kaywood questioned whether the City being the official sponsor
would incur any liability.
Mr. Watts suggested a contract agreement which would define the relationship
between the City and this group, and if this contract contains an agreement
that each party to same will hold the other harmless and, further, that each
group carries his own liability insurance coverage, he would consider that
ample protection.
Mr. Oliverio assured Council that they carry liability coverage in the
amount of $1,000,000. In reply to Council questions, he stated that he felt
they could get along without housing if they had a place to store equipment and
could use school facilities for practice until September 15, 1975.
Councilman Pebley left the Council Chamber. (6:35 P.M.)
On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the
City Council authorized the transfer of $4,766 from City promotional funds to
the Kingsmen Drum and Bugle Corps and, further, instructed the City Attorney to
prepare an agreement outlining the relationship between the City and the
Kingsmen. Councilman Pebley absent. MOTION CARRIED.
75-418
City Hall, Anaheim~ California - COUNCIL MINUTES - April 29~ 1975~ 1:30 P.M.
ADJOURNMENT: Councilman Sneegas moved to adjourn. Councilwoman Kaywood seconded
the motion. MOTION CARRIED.
Adjourned: 6:40 P.M.
Signed
City ~lerkf