1975/12/0975- 1063
City llall~ Anaheim~ California - COUNCIL MINUTES - December 9~ 1975~ 1:.30 P.M.
The City Council of the City of Anaheim met in regular session.
PP~SENT: COUNCIL MEMBERS: Kaywood (arrived 1:40 P.M.), Seymour, Sneegas
and Thom
ABSENT: COUNCIL ME~ERS: Pebley
PRESENT: CITY M~';AGER; Keith A. Murdoch
ADMINISTRATIVE ASSISTanT: John ~rding
CITY ATTOrnEY; Alan R. Watts
DEPUTY CITY CLERK: Linda D. Roberts
PLA/~NING DIRECTOR; Ronald Thompson
STADIUM-CONVENTION CENTER-GOLF COURSE DIRECTOR: T. F. Liegler
PERSONNEL DIRECTOR: Garry O. McRae
CITY ENGINEER: James P. Maddox
POLICE DEPARTmeNT: Captain William J. Franklin
TRAFFIC ENGINEER: Paul Singer
b~yor Thom called the meeting to order.
INVOCATION: Reverend Randy Rhodes of the Melodyl&nd Hotline Center g&ve the
Invocation.
~AG SALUTE: Councilman John Seymour led the Assembly in the Pledge of
Allegiance to the Flag.
MINUTES; Approval of the Minutes of tile City Council Regular Meetings held
November 4, 11, 18, 25 and December 2, 1975, and Adjourned Regular Meeting held
November 13, 1975, was deferred to ~he next regular meet%nE.
~AIVER OF READING - ORDINANCES AND RESOLUTIONS; Councilman Sneega~ move~ ~o
waive the reading' in full of all ordinances and resolutions, and that consent
to the waiver of reading is hereby given by all Council Members unless, after
reading of the title, specific request is made by a Council Member for the
reading of such ordinance or resolution. Councilman Seymour seconded
motion. Council Members Kaywood and Pebley absent. MOTIOM UNanIMOUSLY
CARRIED.
RLPORT - FINANCIAL DEMA/{OS AGAINST THE CITY: Demands against the City in the
amount of $4,152,482.69, in accordance with the 1975-76 Bud~e~, were approved.
PUBLIC DISCUSSION REGARDING PARKING TICKETS - aREA OF B~UEJA~,' W..REN! ~gO C,,!fEVY
CHASE: Ma~yor Thom recb'gnized Mrs. ~rie 'L.""Sutcl~fe, 1245 North Wren, Anaheim,
who had submitted written request dated December 2, 1975, to address the City
Council relative to a series of tickets for illegal parking issued in the
immediate vicinity of Blue~ay, 'Chevy Chase, and Wren S~reet beginning Saturday,
November 29, 1975. Mrs. Sutcliffe reported that these tickets were issued in
many instances for automobiles which were parked in the driveways bu~ because
of the short length of these driveways, were extending across the pedestrian
walkway to the curb. She described the area as being comprised mostly of four-
plex apartment units built in 1958 and populated with lower and middle income
families. The driveways of these units are 15 feet long, so that if an
average-size American make automobile is parked with front bumpers at or
touching the garage door, the rear end of the car does protrude across the
walkway to the curb. The problem is further compounded by the substandard size
of the garages, which is 16 by 16. If two average-size American make
automobiles are parked inside the garages, it is impossible to open the doors
and get out of the car. She further explained that there is very little curb
space available for parking in that neighborhood.
In response to Council questions, Mrs. Sutcliffe advised that to her
knowledge no parking tickets in this number had been issued previously.
Councilwoman Kaywood entered the Council Chamber. (1:40 P.M.)
Mrs. Sutcliffe submitted a series of photographs for Council review which
illustrated the conditions she had mentioned, i.e., the short driveways;
substandard garages; and lack of curb space for parking. She remarked that it
has been indicated that one of the reasons the tickets were issued was to call
attention to the unsafe condition for the children in that area. She contended
that there is sufficient room even with the cars parked in the short driveways
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,~,ity Hall~ Anahe~ California - COUNCIL MINUTES ,- December 9~ 1~75~ 1:30 P.M.
for the children to walk around them in the unpaved section without having to
enter the street.
~%rs. Sutcliffe advised that she has investigated the background of the
apartment buildings and ascertained that these were built in 1958, at which
time the parking standard was one and one-quarter spaces per unit. In
conclusion, Mrs. Sutcliffe suggested that if the sidewalk were paved all the
way to the curb and the property owners required to install automatic overhead
garage doors, perhaps then the tenants could park without being in violation of
the law.
In response to Council questions, Mrs. Sutcliffe stated that most of the
automobiles in the area are being used on a daily basis and are not broken down
or abandoned and that perhaps 50% of the garages are occupied by vehicles. She
pointed out however that the garages are also used in many cases for storage
and in some cases no garage spaces provided for the tenant but used by the
apartment manager. The Fire Marshal has also informed the area residents that
the garage doors should remain closed and locked as they constitute a fire
hazard when open.
Mrs. Sutcliffe's general remarks and presentation was corroborated by the
following speakers: }~s. Pat Tatar, 908 Chevy Chase; Mr. William Todd Walker,
1253 North Wren, Apartment No. B; Mr. Howard Hazey, 921 Robin Place; a resident
at 903 West Bluejay Lane.
Letters from Mr. Dennis Miller, manager of units located at 907, 911, and
910 Bluejay Lane; Mrs. Donald Mmon, 902 Bluejay Lane; and Mrs. Beatrice
Bustamante (no address given) were submitted a~ the meeting.
Following discussion with the public, Mayor Thom noted that reports were
submitted from the City Engineer's Office and Police Department and asked if
representatives of these Departments wished to add anythin~ further.
Captain Bill Franklin of the Anaheim Police Department stated that in
addition to discussing the matter with Officer Brown, who issued the citations,
he had spent several hours investigating the area in question and found that
the parking conditions were as related by Mrs. Sutcliffe. The citations were
written in an attempt to brin§ the situation to Council's attention and perhaps
find a more permanent solution to the situation. The factor which most
directly caused the citations to be issued was that Officer Brown, while
patrolling the area, was proceeding at approximately 20 to 25 miles per hour in
his police vehicle and nearly hit a youngster in the street. This caused him
to realize that the illegal parking in that neighborhood could prove hazardous
to the residents and, therefore, he issued the citations. Captain Franklin
stated that this action was supported by the other shifts of officers who
patrol the area as well as by the Chief of Police.
In response to Councilman Sneegas, Captain Franklin stated that abandoned
and/or inoperable vehicles being repaired were a part of the problem and that
there are also large trash receptacles stored in the street which take up more
space than a car. These have been brought to the attention of appropriate City
Departments in an attempt to see they are removed.
In summation of the situation, Mayor Thom stated that it appears to him
the residents of this area are doing all they can to comply with the law but
because of conditions beyond their control, the automobiles protrude into the
sidewalks. He therefore stated that he felt if it is legally possible, the
citations issued should be dismissed.
Councilman Seymour concurred that the residents of the area should not be
required to pay the fines in connection with the parking citations. He further
stated that what is being discussed is only a fraction of the total problem in
that particular neighborhood. He felt additional analysis of that area is
necessary so that the City might overcome some of these difficulties prior to
its becoming a potential blighted area in need of redevelopment. In this
connection he felt some consideration might be given to: extending the side-
walk area two to three feet into the existing dirt or landscape area; enforcing
the City Codes to stop landlords from usin~ ~ara~e space which technically
should be provided for tenant parking; enforce City Codes regarding the storing
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City Hall; Anaheim; California - COUNCIL MINUTES - December 9; 1975~. 1:30 P.M.
of trash containers; and enforce City Codes in connection with disabled or
abandoned vehicles left on the streets.
In reply to Councilwoman Kaywood, Mrs. Pat Tatar, manager of two units in
this vicinity, advised that there is an area adjacent to the apartment units
for the dumpsters, however it is impossible for the managers to move these out
to the street once they are full, and the men collecting trash refuse to move
the dumpsters down to the street or back. She concurred that paving the area
adjacent to the sidewalk would provide a place for off-street storage of the
dumpsters.
Councilman Sneegas stated that he agreed the City Staff could assist in
obtaining improvements in some of the areas mentioned. He also pointed out
that he hoped there is some realization on the part of the residents in that
area that they might have to give up some of the things they are used to doing,
in particular, making repairs to automobiles on the street.
Councilman Sneegas suggested that perhaps, if the garage doors of the
units were moved back to a point mid way in the garage and doors which could be
locked installed at that point, this might resolve the problem since it would
provide a combination carport and storage arrangement without the necessity of
redoing the curb and gutter system.
Councilman Sneegas concurred that the citations issued should be released
in this case, but in the future felt that the City's ordinance applying to
abandoned vehicles should definitely be enforced in this area to the extent
that it even applies to automobiles abandoned in driveways.
By general consent, at Councilman Seymour's suggestion, the Planning
Department Staff was directed to review the Che%~ Chase-Robin-Wren area, with
report back to the City Council in three weeks as to those alternatives
discussed at this time to resolve some of the problems in that neighborhood;
and the City Attorney, together with the Police Department, was directed to
dismiss the citations previously issued for parking violations in this area.
Ei~GAGE}~NT PL~qS - MANAGEMENT PRACTICES AUDITS - OFFICES OF CITY ATTORNEY AND
CITY CLERK: Mr. Tim Haidinger' of Arthur Young & Compa~'y presented"engagement
plans for Management Practices Audits to be performed in the Offices of the
City Attorney and the City Clerk.
On motion by Councilman Seymour, seconded by Councilwoman Kaywood,
engagement plans for the City Attorney's and City Clerk's Offices were approved
as submitted. Councilman Pebley absent. MOTION CARRIED.
PUBLIC HEARING - CONDITIONAL USE PE~IIT NO. 1571: Application by James P. and
Phyllis J. Crawford to permit an outdoor tennis facility and private club with
on-sale liquor on RS-A-43,000 zoned property located on the east side of WalnUt
Street, south of Ball Road, was submitted together with application for
negative declaration status from the requirement to prepare an environmental
impact report.
The City Planning Commission, pursuant to Resolution No. PC75-218, recom-
mended that the City Council declare subject project exempt from the
requirement to prepare an environmental impact report and further granted
Conditional Use Permit No. 1571, subject to the following conditions:
1. That the owner(s) of subject property shall deed to the City of
Anaheim a strip of land 57 feet in width from the centerline of the street
along Walnut Street.
2. That all engineering requirements of the City of Anaheim along Walnut
Street including preparation of improvement plans and installa~ion 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 ~n~ineer~ that s~re~ lighting
facilities along Walnut 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.
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C. ity ilall~ Anaheim~ California - COU~CiL MINUTES - December 9~ 1975~ 1:30 P.M.
3. That the owner(s) of subject property sl~all pay to the City of Anaheim
the su~ of 60 cents per front foot along Walnut Street for tree planting
purposes.
4. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of t~e 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
cor~encement of structural ~ ram~no' -.
6. That subject property si,all be served by underground utilities.
7. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
o. That this conditional use permit is granted subject to the completion
of Reclassification No. 66-67-61, now pending.
9. That appropriate water assessment fees as determined by the Director
of Public Utilities si~all be paid to ti~e City of Anaheim prior to the issuance
of a building permit.
10. That any exterior lightin.~ sl~al! be down-lighted and directed away
from the adjacent property lines to protect the residential integrity of the
ar ea.
11. That subject property sl~al], be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit
~os. 1, 2, and 3; provided, however, that a heavily landscaped five- (5) foot
;~igh earthen berm shall be provided in the front setback area along the west
property line in front of the proposed five (5) foot high block wall, said wall
to be five (5) feet higi~ as measured from the highest finished grade level at
the base of the wall; as stipulated to by the petitioner.
12. That Condition ~'~os. 1, 2, 3, and 8, above-mentioned, shall be complied
~itl~ prior to the co~ence~ent of tI~e activity authorized under this
resolution, or prior to tl~e ti~e 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 Co~maission and/or City Council may grant.
13. That Condition Nos. 4, 6, 7, 10, and 11, above-mentioned, shall be
complied with prior to final building and zoning inspections.
14. That the hours of operation shall be from 7:00 a.m. to 10;00 p.m., as
stipulated to by the petitioner; provided however, that upon written request by
the petitioner, said hours of operation shall be reviewed for a determination
as to whether the hours of operation should be extended.
15. That this conditional use permit shall be granted for on-sale beer and
wine only and that said activity shall occu~ only during the approved hours of
operation, as stipulated to by the petitioner.
Appeal from action taken by the City Planning Cor~aission was filed by
Donald B. Brown, President, Wrather Leisure, Inc., and public hearing scheduled
this date.
Mr. }.ionald Thompson described the location and surrounding zoning and land
uses. lie advised that the Planning Conunission, because of their concern that
adequate buffer be establist{ed between the proposed tennis facility and
residential property to the west, imposed a condition upon Conditional Use
Permit No. 1571 requiring a five-foot berm be established in the setback area
at the entrance to this facility :vhere the applicant also proposes a five-foot
wall. The petitioner indicated this would be appropriate at the Planning
Commission meeting. Subsequent to that time, some problem has developed with
the requirement for the five-foot berm, and it is primarily because of this
requirement that the conditional use perulit had been appealed to the City
Council.
The ~.~ayor asked if the applicant or his agent were present and wished to
address the Council.
>~r. Donald B. Orown, 270 North Canon Drive, Beverly Hills, stated that at
the time of the Planning Co~vanission hearing they did stipulate to providing the
five-foot berm because the cost of same is negligible. However, on reworking
and redesigning the plans they became aware that the five-foot berm would not
accomplish the intent of tl~e Planning Commission. It would not provide any
further site screening, nor would it provide any additional sound attenuation.
He stated that they found it would be very difficult, if not impossible, to
treat a five-foot berm in this space architecturally, and it would not be
aesthetically pleasing. ~e displayed a rendering of the entrance area in
question and described thc situation.
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City Hallt Anaheimt California - COUNCIL MINUTES- Dcember 9~ 19751 1;30 P.l.i.
In reply to Councilwoman Kaywood's suggestion that a three-foot berm be
provided with a wall on top, Mr. Brown explained the wall is more than
decorative, that it is a retaining wall and is architecturally necessary.
Mr. Kirk Weber, Architect for the project, stated that a five-foot berm in
this short space would be steep and would create problems for the root
structures of trees planted on it.
Brief discussion ensued during which Councilman Seymour advised that he
tended to agree with Councilwoman Kaywood and the City Planning Commission that
a three-foot berm with wall on top of it is generally very attractive and noted
that it has been stated many times tl~at a berm and wall do attenuate the sound.
The applicant's plans were reviewed at the Council Table.
Councilman Sneegas pointed out that the applicant is attempting to avoid
the maintenance and other problems which would be created by locating the five-
foot berm right up against the wall. tie suggested a berm of more moderate
scale, from two and one-half to three feet, in front of ~he five-foot wall,
which the applicant agreed would be more acceptable to them.
The ~yor asked if anyone wished to address the City Council either in
favor or in opposition to Conditional Use Permit No. 1571.
Mrs. Betty Ronconi, 1241 South Walnut Street, Anaheim, stated that she is
not opposed to the development of tennis courts on this property, but that her
concerns parallel those bein~ discussed and she appreciated the fact that the
Council is attempting to uphold the Planning Commission recommendations
regarding the berm and landscaping. Mrs. Ronconi further inquired whether the
hours of operation, currently restricted from 7:00 a.m. to 10:00 p.m., could be
changed without the area residents having any knowledge of such change.
Mr. Watts advised that this would constitute a change to one of the
conditions of approval of the conditional use permit and would have to take
place at an advertised public hearing.
ENVIROI~W~NTAL IMPACT RgPORT - NEGATIVE DtCLARATION; On motion by Councilman
Seymour, seconded by Councilwoman Kaywood, the City Council finds that this
project will have no significant effect on the environment and is, therefore,
exempt from the requirement to prepare an environmental impact report.
Councilman Pebley absent, MOTION CARRIED.
RESOLUTION NO. 75R-625: Councilman Symour offered Resolution No. 75R-625 for
adoption, ~rantin~ Conditional Use Permit No. 1571, subject to the conditions
recommended by the City Planning Commission with amendment to Condition Nos.
11, and 14, as follows:
11.' That sub3ect property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1, 2, and 3; provided however that a heavily landscaped ear:hen berm with
height of two and one-half to three feet shall be provided in the front setback
area along the west property line in front of the proposed five- (5) foot high
block wall, said wall to be five (5) feet high as measured from the highest
finished grade level at the base of the wall; and that specific landscaping
plans be reviewed and approved by the City Planning Commission; as stipulated
to by the petitioner.
14. That the hours of operation shall be from 7:00 a.m. to 10:00 p.m. as
stipulated to by the petitioner; provided however that upon written request by
the petitioner, said hours of operation shall be reviewed for determination as
to whether the hours of operation should be extended, but action to extend or
chanse said hours of operation shall be taken only at a duly advertised public
hearing.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL
USE PERMIT NO. 1571.
Roll CALL Vote:
75-1068
City ltall~ Anaheim~ California - COUNCIL MINUTES - December 9~ 1975~ 1:30 P.M.
AYES: COUNCIL }.[EiiBERS: llaywood, Seymour, Sneegas and Thom
NOES: COUNCIL ~IE~,IBERS: None
ABSENT: COUNCIL liE~iBERS: Pebley
The lMyor declared Resolution No. 75R-625 duly passed and adopted.
PUBLIC HEARING - CONDITIO:~AL USE PE~4IT NO. 1574: (E.I.R No. 113) Application
of Brigham Young University to permit a mobilehome park on RS-A-43,000 zoned
property located south of the Riverside Freeway, on the north side of Medical
Center Drive, west of Euclid Street with the following Code waivers, was
submitted:
a. maximum fence height.
b. Permitted location of tract sign.
c. Maximum area of tract sign.
d. PMximum height of tract sign.
e. ~iinimum front setback.
The City Planning Commission, pursuant to Resolution No. PC75-219,
reported that E.I.R. No. 113, having been certified by the City Council on
March 19, 1974, required no further action and granted Conditional Use Pe~nit
No. 1574 in part, waivers "b", "c", and "d" being granted for one year, sub3ect
to the following conditions:
1. That subject tract sign shall be permitted on a temporary basis for a
period not to exceed one (1) year from the date of construction, and upon
request by the petitioner, additional periods of six (6) months may be granted
by the Planning Commission and City Council; provided, however, ~hat if the
initial sale of all units or lots in the Anaheim Shores Planned Community is
completed during any of the permitted time periods, subject tract sign shall be
removed.
2. That the owner(s) of subject property shall deed to ~he City of
Anaheim a strip of land 64 feet in width from the centerline of the street
along Coronet Avenue and a strip of land 30 feet in width from ~he cen~erline
of the street along ~Iedical Center Drive for street widening purposes.
3. That all engineering requirements of the City of Anaheim alon§ Coronet
Avenue and Medical Center Drive including preparation of improvement plans and
installation of all improvements such as curbs and §u~ters~ sidewalks~ stree~
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, ~hat
street lighting facilities along Coronet Avenue and Medical Center Drive shall
be installed as required by the Director of Public Utilities and in accordance
with s~andard plans and specifications on file in the Office of the Director of
Public Utilities, and that a bond in an amount and form satisfac~ory to the
City of Anaheim shall be posted with the City to guarantee the installation of
the above-mentioned requirements.
4. That ~he owner(s) of subject property shall pay to the City of Anaheim
the sum of 60 cents per front foot along Coronet Avenue and Medical Cen~er
Drive for tree planting purposes.
5. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Director of Public Works.
6. That fire hydrants shall be installed and char~ed as required and
de=ermined to be necessary by the Chief of the Fire Department prior to
commencement of structural ~raming.
7. That all lots within this tract shall be served by underground
utilities.
8. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer; and provided that approval of the activity
authorized under this resolution shall not be construed to include approval of
grading plans or drainage, and furthermore, that the drainage of the Anaheim
Shores development shall be approved by the City Council prior to the commence-
ment of any grading or construction in the Anaheim Shores development.
9. In the event that subject property is to be divided for the purpose of
sale, lease, or financing, a parcel nmp to record the approved division of
subject property shall be submitted to and approved by the City of Anaheim and
then be recorded in the Office of tile Orange County Recorder.
10. 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
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CitZ t~llI Anaheiml..California - COUNCIL MINUTES - December 9! 1.975~ 1:30 P.M.
appropriate by the City Council, said fees to be paid at the time the building
permit is issued.
11. 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.
12. That the traffic signal at the intersection of La Palma Avenue and
Romneya Drive shall be installed prior to the commencement of any grading
operations in the Anaheim Shores development, and the costs incurred for said
installation shall be paid one-half by the petitioner and one-half by the City
of Anaheim, as stipulated to by the petitioner and concurred with by the City
of Anaheim.
13. That no vehicular access shall be permitted between the existing
easterly termini of Falmouth and Coronet Avenues and the future easterly
extension of said streets until all phases of construction of the Anaheim
Shores development are completed.
14. That subject property shall be developed substantially in accordance
with plans and specifications on file with tile City of Anaheim marked Exhibit
Nos. 1, 2, 3, 4, and 5.
15. That Condition Nos. 2, 3, 4, 8, 9, and 12, above-mentioned, shall be
complied with prior to the commencement of the mobilehome park activity
authorized under'this resolution, or prior to tile time that the Building permit
is issued for the mobilehome park, or within a period of one year from date
hereof, whichever occurs first, or such further time as the Planning Commission
and/or City Council may grant.
16. That Condition Nos. 5, 7, and 14, above-mentioned, shall be complied
with prior to final building and zonin8 inspections.
17. That approval of this variance is made subject to termination of the
requested theme tower approved in Variance No. 2635, as stipulated to by the
petitioner.
18. That no additional off-site tract signs shall be permitted in con-
nection with the Anaheim Shores Planned Community, as stipulated to by the
petitioner.
Review of action taken by the City Planning Commission was requested b~
l.~yor Thom at the City Council meeting of November 18, 1975 and public hearing
scheduled this date.
Mr. Thompson advised that the primary reason this conditional use permit
has been appealed and set for public hearing was for clarification of Condition
No. 12 pertaining to the timing of installation of the traffic signal, lie read
the current wording of subject condition which indicates the installation of
the signal would occur prior to commencement of grading operations. This
wording creates a problem for the developer inasmuch as it would be most appro-
priate to install the signal after the property is graded, and not before.
If the Council concurs with this, b~. Thompson reported it would be more
appropriate to word the condition so that the traffic signal is required to be
installed prior to taking ingress and egress from this point on La Palma Avenue
or concurrent with the first phase of development.
A further point of concern to the developer was the signing permitted.
~. Thompson stated this was discussed at some length before the Planning Com-
mission. The Planning Commission did approve the larger sign for the mobile-
home property and furthermore indicated two additional signs could be put in at
some future date for the remainder of development on the property. The
locations mentioned were Euclid Street and/or La PalmaAvenue.
The ~yor asked if the applicant or his agent were present and wished to
address the City Council.
Mr. Jim Christensen advised he had nothing further to add.
The Mayor asked if anyone wished to address the City Cuncil.
Mr. Ben Bay, 2148 West Grayson Avenue, Anaheim, advised that his only
concern would be with the wording used to amend the condition regarding
installation of the traffic signal. He stated that the original intent of the
condition was to assure that the traffic signal was installed prior to the time
that the street was built and opened, and not to place any hardship on the
developer.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - December 9~ 1975~ 1:30 P.M.
Mayor Thom asked if anyone else wished to address the City Council; there
being no response, he declared the hearing closed.
RESOLUTION NO. 75R-626: Councilman Thom offered Resolution No. 75R-626 for
adoption, granting Conditional Use Permit No. 1574, subject to the conditions
recommended by the City Planning Commission with the following revisions to
Condition Nos. 12 and 14 and deleting Condition No. 18:
12. That the traffic signal at the intersection of La Palma Avenue and
Romneya Drive shall be installed concurrently with installation of the s~reet,
taking ingress and egress from La Palma Avenue in the Anaheim Shores develop-
ment, and tile cost incurred for said installation shall be paid one-half by the
petitioner and one-half by the City of Anaheim, as stipulated to by the
petitioner and concurred with by the City of Anaheim.
14. That subject property shall be developed substantially in accordance
with plans and specifications on file with tile City of Anaheim marked Exhibit
liDS. 1, 2, 3, 4, and 5; and that two additional off-site tract signs are
permissible at La Palma Avenue and Euclid Street.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Ai~AiiEIM GRAi~TING CONDITIONAL
USE PER, tIT NO. 1574.
Roil Call Vote:
AYES: COUNCIL b~IBERS: Kaywood, Seymour, Sneegas and Thom
NOES: COUNCIL MEb~ERS: None
ABSEi~T: COUNCIL MEMBERS: Pebley
The b~yor declared Resolution No. 75R-626 duly passed and adopted.
PUBLIC ~fEARING - CONDITIONAL OSE PE~,~IT NO. 1575: By general Council consent,
public hearing on Conditional Use Permit No. 1575 was continued to 7:30 p.m..,
Oecember 9, 1975, pursuant to requests received for an evening hearing from
adjoining residents and the intent delcared by Council at the meeting of
November 25, 1975, to acco~mnodate said request.
PUBLIC HEARING - RECLASSIFICATION NO. 66-67-61: Request of Clarence M. McNees
for consideration of amendment to Condition ~o. 1 of Reclassification No.
66-67-61, relating to dedication of street widening purposes in connection with
RS-A-43,000 zoned property on the north side of Katella Avenue~ between Haster
Street and Manchester Avenue, was submitted together with application for
exemption from the requirement to prepare an E.I.R.
The City Planning Commission, pursuant to Resolution No. PC75-228~
reported that the Planning Director had 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 environmental
impact report and further recommended that the City Council amend Condition No.
1 of Resolution No. 67R-310 as follows;
1. a. That dedication shall be made to the City of Anaheim on all streets in
the area herein before described according to the Circulation Element of the~
General Plan - Highway Rights of Way, prior to the adoption of the ordinance
rezoning property in the area, except Haster Street between b~nchester Avenue
and Katella Avenue.
b. That the owner(s) of property along Haster Street between Manchester
Avenue and Katella Avenue shall deed to the City of Anaheim a strip of land 45
(45) feet in width from the centerline of the street along Haster Street for
street widening purposes, prior to the adoption of the ordinance rezoning tile
property; and that dedication to the ultimate width according to the
Circulation Element of the General Plan - Highway Rights of Way, shall be made
to the City of Anaheim on Haster Street between b~nches~er Avenue and Ka~ella
Avenue, at the time the property is redeveloped.
~. Ronald Thompson described the City Planning Commission rationale in
recommending approval of the amendment as shown above, requiring the 45-foot
width rather than the 40-foot originally requested, as this would allow for
75-1071
City Hall., Anahei~m; California,...-.. COUNCIL M~I. NUTES - December 91 1975; 1:30 P.M.
full travel lanes and curb for a primary highway as Haster Street is currently
designated and would obviate the necessity for a further requirement of two to
three feet in the future. He pointed out however that tlle possibility still
exists that 53-foot dedication might be required.
The Mayor asked if the applicant or his agent were present and wished to
address Council and there was no response.
CATEGORICAL EXEMPTION - ENVIRONMENTAL. II{PACT REPORT; On motion by Councilman
Seymour, seconded by Co'uncil~oman Kaywood, the City Council ratified the
determination of the Planning Director 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 environmental impact
report. Councilman Pebley absent. ~DTION CARRIED.
Upon ascertaining from Mr. Thompson that it was likely tile applicant would
wish to be represented in this matter as he might not be in total a§reement,
action on the public hearing was held over to later in the meeting.
Some time later in the Council meeting, Mr. Thompson reported that the
applicant's attorney had called and verbally requested a one-week continuance
of the public hearing.
On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the
City Council continued the public hearin~ on Reclassification No. 66-67-61 to
the Council meeting of December 16, 1975. Councilman Pebley absent. I.DTION
CARRIED.
RECESS: By ~eneral consent, the Council determined to take a ten-minute recess.
(3:15 P.M.)
AFTER ~ECESS: Mayor Thom called the meeting to order, all members of the City
Council being presen:~ with the exception of Councilman Pebley. (3:25 P.M.)~
PUBLIC HEARING - RECLASSIFICATION NO. 75-7.6-6 ~{D VARIanCE NO. 2739
( ~.RE~. VERTISED)_: Application of Edward R. Merger et al, to rezone property
located on the south side of Orange Avenue, east of Valley Street, from
RS-A-43,000 to RS-7200 and for the following Code waivers to establish four
lots was submitted together with application for negative declaration status
from the requirement to prepare an environmental impact report:
a. Requirement that all lots abut a public street.
b. ~nlmum lot width. -
c. Requirement that sin~le-family residences rear on arterial highways.
The City Planning Commission, pursuant to Resolution No. PC75-226,
recommended that subject project be declared exempt from the requirement to
prepare an environmental impact repot: and further recommended approval of
Reclassification No. 75-76-6, subject to the following conditions:
1. That the owner(s) of subject property shall deed to the City of
Anaheim a scrip of land 32 feet in width from the centerllne of the street
along Orange Avenue for street widening purposes.
2. That street lishtin§ facilities alon~ Orange Avenue 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 cents per front foot along Orange Avenue for :res 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 served by underground utilities.
6. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
7. In the event that the mubJect property is to be divided for the
purpose of sale, lease, or financing, a parcel map to record the approved
75-1072
City Halll Anaheim~ California - COUi~CIL MINUTES - December 9~ 1975~ 1:30 P.M.
division of subject property shall be submitted to and approved by the City of
Anaheim and then be recorded in the Office of the Orange County Recorder.
8. That the owner(s) of subject property shall pay to the City of Anaheim
the appropriate park and recreation in-lieu fees as determined to be
appropriate by the City Council, said fees to be paid at the time the building
pemnit is issued.
9. 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.
10. That completion of these reclassification proceedings is contingent
upon the granting of Variance No. 2739.
11. Prior to the introduction of an ordinance rezoning subject property,
Condition Nos. 1, 2, and 3, above-mentioned, shall be completed. The
provisions or rights granted by this resolution shall become null and void by
action of the City Council unless said conditions are complied with within one
year from the date hereof, or such further time as the City Council n~y grant.
12. That Condition No. 7, above-mentioned, shall be complied with prior to
the time that the building permit is issued.
13. That Condition Nos. 4, 5, 6, above-mentioned, shall be complied with
prior to final building and zoning inspections.
The City Planning Commission, pursuant to Resolution No. PC75-227,
recommended that subject project be declared ex,apt from the requirement to
prepare an environmental impact report and granted Variance No. 2739, in part,
denying waiver "b" as said waiver is not necessary in accordance with develop-
ment plans submitted, subject to the following conditions:
1. That this variance is granted subject to the completion of
Reclassification No. 75-76-6.
2. In the event that subject property is to be divided for the purpose of
sale, lease, or financing, a parcel map to record the approved division of
subject property shall be submitted to and approved by the City of Anaheim and
then be recorded in the office of the Orange County Recorder, prior to the
commencement of the activity authorized under this resolution or prior to the
time that the building permit is issued.
3. That all private streets shall be developed in accordance with the
City of Anaheim's standards for private streets.
4. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit
No. 1; provided, however, that all building setbacks adjacent to Orange Avenue
shall have a minimum depth of forty (40) feet in accordance with City Council
Policy No. 538.
The Deputy City Clerk submitted correspondence dated December 4, 1975,
received from Mr. William A. McCormick of Blanchard and Turner, 2011 West
Chapman Avenue, Orange, Attorney for Archibald Kindrat, owner of a sliver of
property located immediately adjoining the southeasterly corner of the
petitioner's property along Barnsdale Street and Random Drive, expressing
opposition to the reclassification and variance.
Mr. Thompson described the location of subject one-acre parcel. He
advised that the applicant intends to remove the existing structure and develop
single-family homes in the RS-7200 Zone on four lots. Each of the four lots
proposed would be a minimum of 7,200 square feet in size, with one lot being
approximately 13,000 square feet.
~. Thompson reported that there had been considerable discussion
regarding the sliver of property which abuts the southeast corner of subject
parcel, and when originally considered, the Planning Commission required the
ow~er of the larger parcel to acquire that strip so that development could take
place with two of the lots taking access from a private drive from Orange
Avenue and the others from Barnsdale Street. However, the applicant has
subsequent to that, developed an alternative plan to provide access to all four
lots via private drive with cul-de-sac from Orange Avenue, pursuant to
Reclassification No. 75-76-6 and Variance No. 2739 as readvertised.
The ~yor asked if the applicant or his agent were present and satisfied
with the recommendations of the City Planning Commission, and Mr. Richard Lutz,
720 South Euclid, Anaheim, representing the owner, replied affirmatively.
75-1073
City Hall.mL Anahei..m;l California -iiCOUNCIL MINUTES - December 9m 1975; 1:30 P.M.
The ~4ayor asked if anyone wished to address tile City Council in favor or
in opposition to the reclassification and variance.
Mr. Archibald Kindrat, 2142 Athens Avenue, Orange, advised that he is the
owner of the 900-square foot sliver of land adjacent to Barnsdale Street and
subject parcel and is opposed to the reclassification and variance under con-
sideration. He advised that he acquired this parcel of land in 1965 and has
since paid taxes on it and if the City Council approves the rezoning and
variance for development as presently proposed, this would render his property
valueless and it would become a catch-all area for trash, weeds, etc. He
referred to a petition submitted with his letter signed by homeowners in the
inunediate vicinity indicating they favored the inclusion of this sliver of
property into the one-acre development.
In response to CouncilwomanKaywood, Mr. Kindrat advised that he purchased
the 900-square foot parcel of property in 1965 for the sum of $100 with the
intent of selling it at a later date to the larger landowner. He advised that
he is still open for negotiation on the price of this property, and that he had
been offered $100, which was unacceptable to him, and then received a counter
proposal of $300.
Mr. Willard Mayer, 610 South Valley Street, questioned the petition
referred to by Mr. Kindrat, as he is a property owner in the immediate vicinity
and had never been requested to sign same. He stated that subject one-acre
parcel as well as the 900-square foot parcel have been an eyesore for many
years and he would consider development of same an improvement with or without
the smaller portion of property.
The },~yor asked if anyone else wished to address the City Council; there
bein5 no response, he allowed the applicant a few minutes for rebuttal.
?~. Richard Lutz advised that he has received only positive comments from
all property owners in the area relative to the plans for development. He
advised that they are aware this particular smaller parcel was purchased with
the intent of resale and with the possibility of its blocking the larger
development, tie advised that the reason they have proposed a private drive
with cul-de-sac from Orange Avenue is to provide 40-foot frontage on the street
per home. tie remarked that these homes will sell for approximately $55,000 and
will be as close to custom built as possible, and therefore could not be
detrimental to property values in the neighborhood.
In response to Council questions, b~. Lutz confirmed that their offer for
the 900-square foot parcel was $300, and they would still be willin~ to
purchase same inasmuch as they intend to buy it if it is sold for taxes anyway.
},~yor Thom closed the public hearing.
Councilman Seymour remarked that he felt the utilization of the parcel as
proposed to be outstanding; that he could see no justification for stopping the
proposed development because of the 9~)O-square foot parcel, which was,
admittedly, purchased ten years ago with the intent of enhancement of its value
because of its importance to the owner of the lar~er undeveloped parcel.
ENVI~R~ON~iENTAL IMPACT. REPORT - NEGAT!.VE DECLARATION: On motion by Councilman
Seymour, seconded by Counciiwoman Kaywood, the City Council finds that this
project will have no significant effect on the environment and is, therefore,
exempt from the requirement to prepare an environmental impact report.
Councilman Pebley absent. MOTION CARRIED.
RESOLUTION NO. 75R-627: Councilnmn Seymour offered Resolution No. 75R-627 for
adoption, authorizing the preparation of the necessary ordinance, changing the
zone as requested, subject to the conditions recommended by the City Planning
Conunission.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF TtH~ CITY OF A2~AtIEIM FINDING AND DETERMINING
TIDkT TITLE 18 OF TIlE ~NAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE
A/iENDED AND TliAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHAI'IGED. (75-76-6)
75-1074 ~
City Hall~ Anaheim~ California - COUi{CIL MINUTES - December 9~ 1975~ 1:30 P.M.
Roll Call Vote:
AYES: COUNCIL bUZI~tBI£RS: Kaywood, Seymour, Sneegas and Thom
i~OlJS: COUNCIL ~IE~IBERS: None
ABSENT: COUNCIL MEMBERS: Pebley
The >~yor declared Resolution No. 75R-627 duly passed and adopted.
RESOLUTION ilO. 75R-623: Councilman Seymour offered Resolution No. 75R-628 for
adoption, granting Variance No. 2739, subject to the conditions recommended by
the City Planning Commission.
Refer to Resolution Book.
A RESOLUTION OF TilE CITY COUNCIL OF TtlE CITY OF ~IM GP~a~NTING VAKI~qCE NO.
2739.
Roll Call Vote:
AYES: COUNCIL I.[EI[dERS: Kaywood, Seymour, Sneegas and Thom
NOES: COUNCIL i~MBERS: None
ABSENT: COUNCIL ~iE,'~{BERS: Pebley
The Mayor declared Resolution No. 75R-628 duly passed and adopted.
PUBLIC HEARING - RECLASSIFICATION NO. 75-76-11 AND VARIAi~CE NO. 2751;
Application of Robert Stahovich to rezone property located on the south side of
Orange Avenue, west of Western Avenue from the RS-A-43,000 to the RM-1200 Zone
and for the following Code waivers to permit construction of a nine-unit apart-
ment complex, was submitted together with application for negative declaration
status from the requirement to prepare an environmental impact report:
a. I~ximum building height.
b. Required site screening.
The City Planning Con~ission, pursuant to Resolution No. PC75-229,
recommended that subject project be declared exempt from the requirement to
prepare an environmental impact report and further recommended approval of
Reclassification No. 75-76-11, subject to the following conditions:
1. Yhat the owner(s) of subject property shall pay to the City of Anaheim
the sum of $2.00 per front foot along Orange Avenue for street lighting
purposes.
2. That the owner(s) of subject property shall pay to the City of Anaheim
the sum of 60 cents per front foot along Orange Avenue 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. That fire hydrants shall be installed and charged as required and
determined to be necessary by the Chief of the Fire Department prior to
connnencement of structural frat~ling.
5. That subject property shall be served by underground utilities.
6. That a six-foot masonry wall shall be constructed along the west
property line.
7. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
d. 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 appro-
priate by the City Council, said fees to be paid at the time the building
permit is issued.
9. 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.
10. Prior to the introduction of an ordinance rezoning subject property,
Condition i~os. 1 and 2, above-mentioned, shall be completed. The provisions or
rights granted by this resolution shall become null and void by action of the
City Council unless said conditions are complied with within one year from the
date hereof, or such further time as the City Council may grant.
11. That Condition Nos. 3, 5, 6 and 7, above-mentioned, shall be complied
with prior to final building and zoning inspections.
75-1075
City Hall~ Anaheim~ California - COU~CIL HIi~UT~iS - December 9~ 1975m !:30
Tile City Planning Commission, pursuant to Resolution No. PC75-230, recom-
mended that subject project be declared exempt from tl~e requirement to prepare
an environmental impact report and granted Variance No. 2751, in part, as it
applies to the adjacent RS-A-43,000 properties to the south and west only,
subject to the following conditions:
1. That this Variance is granted subject to the completion of Reclass-
ification No. 75-76-11, now pending.
2. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1, 2, and 3; provided, however, that the 150-foot setback requiremen:
shall be maintained adjacent to the RS-7290 zoned property to the southwest,
and that the existing trees along the south property boundary shall be
retained.
Mr. Thompson explained that this one-third acre parcel has a frontage of
73 feet on the mouth side of Orange Avenue. The General Plan indicates the
area is suitable for iow to :,~edium density residential land uses and there£ore
the proposed ~one change is appropriate. The waiver granted by the City
Planning Commission pertains to the one-story height limitation within 150 feet
of a mingle-family residential zone, as it refers to property zoned RS-A-43,000
located immediately to the west, upon which a small single-family dwelling, unit
is existing and which is also designated for multiple-family land use according
to the General Plan. The waiver of height limitation as approved by the City
Planning Commission would not apply to the RS-7200 zoned property located to
the southwest of subject parcel and consequently the applicant would nog be
able to develop in accordance with the proposed plans submitted as tire
structure would encroach into the 150-foot required setback from the RS-7200
property located to the southwest. In connection with waiver "b", pertaining
to site screening, the Planning Commission granted approval for :he applicant
to retain the existing six-foot chain link fence on the south property line
because of the location of the flood control channel and further since the
applicant has stipulated to retaining the existing trees in this area.
The r~yor asked if anyone wished to address the City Council either in
favor or in opposition; there being no response, he declared the hearing
closed.
In response to Councilwoman Kaywood, ~. Thompson reported that ti~e
parking proposed in subject project would meet the minimum standard required by
Code and that the size of tile carports would be 10 feet by 20 feet.
>~. Bill Phelps, developer of the project, addressed the City Council and
demonstrated an alternate plan Which he had designed, which would permit the
project to be in compliance with the height limitation in conjunction with the
adjacent RS-7200 zoned property, but would require that one unit be situated
over the garage.
Following brief discussion, the Council ~ie~ers determined they would pre-
fer the original plans filed as these had several advantages over the alter-
nate, and upon being informed that the two-story portion of this plan which
would encroach into the 150-foot required setback from the RS-7200 zoned prop-
erty to the southwest would consist of primarily a solid bedroom wall with one
window, Councilwoman Kaywood requested that this window be installed high in
the wall so as to permit light and air transfer without a view.
Hr. Phelps indicated this would be agreeable and so stipulated.
ENVIRONMENTAL I:,~ACT REPORT - NEGATIVE DECLA?~TION: On motion by Councilman
Sneegas seconded by Councilman Seymour, the City Council finds that this
project will have no significant effect on the environment and is, therefore,
exempt from the requirement to prepare an environmental impact report.
Councilman Pebley absent. MOTION CARRIED.
RESOLUTION NO. 75R-629; Councilman Thom offered Resolution No. 75R-629 for
adoption, authorizing the preparation of the necessary ordinance, changing the
zone as requested, subject to the conditions recon~ended by the City Planning
Commission.
Refer to Resolution Book.
75-1076
City tlall~ Anaheiz~ California - COUNCIL MINUTES - December 9~ 1975~ 1:30 P.M.
A RESOLUTION OF TtIE CITY COUUCIL OF THE CITY OF A~AI£EIM FINDIi]C Ai~D DETEI~Ii~ll~C
TID\T TITLE 18 OF TI£E Ai~AIlEIM MUi~ICIFAL CODE RELATIi~G TO ZONIi~G ~iiOULD BE
~DiENDE1) AND TilAT Tile BOUi~DARIES OF CERTAIi~ ZOi~ES SIIOULD BE CIlAg,GED. (75-76-11,
~P~-1200)
Roll Call Vote:
AYES: COU~CIL MEMBERS: Kaywood, Seymour, Sneegas and Thom
NOES: COUNCIL i~Ei.iBERS: None
ABSENT: COUNCIL ME?~BERS: Pebley
The Mayor declared Resolution No. 75R-629 duly passed and adopted.
RESOLUTION NO. 75R-630: Councilman Thom offered Resolution No. 75R-630 for
adoption, gran't'ing variance No. 2751, in full, to permit Code waiver "a" as it
pertains to both the RS-A-43,i]O0 and RS-7200 zoned property subject to the
conditions recommended by the City Planning Conm~ission with ghe following
amendment to Condition ito. 2:
2. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit
iIos. 1, 2, and 3; provided however, that the existing trees along the south
property boundary shall be retained; and that any window installed in the Wall
which encroaches into the 150-foot setback shall be located above eye level as
stipulated to by the petitioner.
Refer to Resolution Book.
A k~SOLUTION OF THE CITY COUi~CIL OF THE CITY OF A~A~iEI~{ GF~TING VARIanCE NO.
2751.
~oll Call Vote:
AYES: COUNCIL ~2~ERS: Ka~ood, Se~vmour, Sneegas and Thom
NOES: COUi~CIL ~iBERS: None
ABSENT: COUNCIL P~iBERS; Pebley
The ?~yor declared Resolution No. 75R-630 duly passed and adopted.
EiR'LOYEES DENTAL BENEFITS - EXTEi~SIOi~ OF COi~T~\CT TE~: (California Dental
Service and James H. Kaufman, D.D.S.) Mr. Garry O. McRae reported on the
reco~nendations to extend the terms of contracts with California Dental Service
and James H. Kaufman, D.D.S. for City employees dental insurance coverage one
year and two years, respectively, ite advised that Dr. i~ufman has agreed to
continue the same coverage and benefits without increase in rates which are
currently at $6.00 per month per single employee and $10.00 per month per
faultily; the revised California Dental Service premium of $10.41 per month
reflects a $.41 per month increase and a ci~ange in benefits provided so that
there will be a $50.00 per person deductible and a 12-month wait for new
employees prosthodontic care. These changes are based on an actuarial report
~ubmitted by C.D.S. which ~hows a 121.8% loss ratio and $25,459.72 loss during
the initial 21 months of the program.
:-Ir. ~[cRae advised that these contracts have been accepted by the Police
and Fire Associations and have been presented to the A.M.E.A. and I.B.E.W. as
part of the wage and fringe benefit package offer.
I~SOLUTION NOS. 75R-631 ~D 75R-632: Councilwoman Kaywood offered Resolution
Nos. 75R-631 and 75R-632 for adoption.
Refer to Resolution Book.
?al]SOLUTION NO. 75R-631 - DR. JA~{ES H. KAUF~bt~ D.D.S: A RESOLUTION OF T~iE CITY
COU~CIL OF THE CITY OF A~.~AJ{EIi~ APPROVING AN A~ENDMENT TO AGREEIiENT BETWEEN
JA>[ES H. KAU~q.[AH~, D.D.S., INC. A2~D Tile CITY OF Ai~AHEIM. (extending terms to
December 31, 1977)
RESOLUTION NO. 75R-632 - CALIFOtC,~IA DE~TAL SERVICE: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF Ai~AiiEI~{ APPROVI~G AN A~.~END~NT TO AGREEMENT BETWEEN THE
CITY OF A~A]~EI~! ~D TiiE CALIFOI~IA DE~TAL SERVICE A~'~D AUTHORIZING T~E CITY
75-1077
City Hall~ Anaheim~ California - COU~CIL MIi~UTES - December 9~. 1975~ 1:30 P.M.
MANAGER TO EXECUTE SAID A>tENDMENT TO AGREEMENT. (extending terms to
December 31, 1976)
Roll Call Vote;
AYES; COUNCIL ME~ERS; Kaywood, Seymour, Sneegas and Thom
NOES: COUNCIL MEHBERS: None
ABSENT: COUNCIL M~}~ERS: Pebley
The Mayor declared Resolution Nos. 75R-631 and 75R-632 duly
passed and adopted.
DISCUSSION - EMPLOYEE HEALTH BENEFIT PROPOSALS: Mr. McRae reported that in'
accordance with the recommendation that the City change to a self-funded
program for employee health benefits, the Evaluation Committee has met and the
consensus of opinion was that if a self-funded program is adopted, that
Galbraith and Green be employed to perform services as administrators of same.
Mr. McRae stated that directed by the Council at their October 14, 1975 meeting
to solicit new proposals for administrators of a self-funded program, he had
distributed requests for proposals to 24 firms and received 8 responses. These
were evaluated by a conm]ittee composed of representatives from each of the
employees' organizations plus Mr. IIopkins from the City Attorney's Office,.Fire
Chief Riley, Finance Director M. R. Ringer, and }~. Tom Tyre from the Personnel
Department.
I~. IIcRae reported that following discussion of employees' health benefits
at the October 14, 1975 meeting, as suggested by the City Council, the
Independent Insurance Agents Association of Anaheim did present a proposal for
an insured program to the employee organizations which they in turn did not
recommend for adoption.
b~. McRae advised that there is one additional cost involved which would
be the premium for stop-loss insurance. Some proposals for same have been
received, but I~r. l.~cRae reconm~ended that if Council elects to go into a self~
funded employee health benefit program, that this decision be deferred to the
Council meeting of December 30, 1975, at which time a variety of alternates to
provide this coverage could be presented.
Mr. McRae advised that there were representatives from the Independent
Insurance Agents Association of Anahcim, Blue Cross, and Galbraith and Green
present at the meeting who wished to address the City Council.
}~. Tom Bode of the Independent Insurance Agents Association of Anaheim
requested a 30-day postponement of any decision on the self-insurance concept,
so as to permit them time to put together a group health coverage package which
would reflect a savings for the City.
~ l~bert Beagle, Manager of Blue Cross of Southern California in Orange
County suggested that the best solution, if the City were to change to the
self-insurance concept, would be a program wherein Blue Cross would provide the
hospital portion of the employees coverage and the selected administrator the
balance of the employee health benefits as self-insured. He requested that
Council defer their decision on the matter for one week to permit their under-
writer time to consult with the City staff and the recommended self-fund
administrators to work out such a program.
Mr. bicRae reported that the estimated cost from Blue Cross to administer
just the hospital benefits portion of such a program was in the magnitude of
$41,000, which is higher than the fee proposed by Galbraith and Green to
administer the entire self-funded program. For this reason he has continued to
recommend the self-funding program in its entirety.
During brief discussion, Council Members indicated that they might be
favorable to considering a one- to two-week delay at the most, but that if the
insurance plan proposed is not acceptable to the City employee organizations,
then it is a moot point.
~. McRae explained that a final decision should be made by the Council
within the next two weeks in order to permit sufficient time for the change
75-1078
Ci.t~ Hall; Anaheim; ,,California - COUNCIL MINUTES - December 9~ 19,,.75; 1:30 P.M.
over to self-funding by January 1, 1976, if that if to be the decision, and
also because the City is paying higher monthly Blue Cross premiums.
~. tial Parker, 2019 West Embassy Avenue, Anai~eim, member of the
independent Insurance Agents Association of Anaheim, stated that although they
had requested 30 days because they felt they could do the best job of putting
together a program in that time, they could have a program and response from
the insurance companies in ten days to two weeks at a minimum.
~[r. Paul Ashton of Galbrait]~ and Green indicated that they would require
at least two weeks time to implement the self-funded program.
At the conclusion of discussion, on motion by Councilman Seymour, seconded
by Councilman Thom, the City Council determined to continue decision on
employee health benefits coverage to the meeting of December 23, 1975, at which
time final decision would be made between the three insurance proposals i.e.,
the completely self-insured program with Galbraith and Green as administrator;
a combination self-insured program with Galbraith and Green administrating the
out-of-l~ospital portion and Blue Cross providing the hospital benefits; an
insured program put together by the Independent Insurance Agents Association of
Anaheim. Councilman Pebley absent. MOTIOii CARRIED.
?,ESOLUTIOi~ NO. 75R-633 - ESTABLISi[Ii~G NEi$ JO?; CLASSIFICATIONS AJD tLRTES OF pAY:
(Assistant Cormnunity Development Director -Development; Assistant Co~m~unity
Development Director - lIousing) Counciluan Sneegas offered Resolution No.
75R-633 for adoption.
Refer to Resolution Book.
A iiESOLUTIOi.~ OF Tile CITY COUi-~CiL OF TiiE CITY OF A~A£~EIH AHENDING RESOLUTION NO.
75R-522 ESTABLISilING NE'J JOg CLASSIFICATIOi~S ~'C~D P~kTES OF PAY. (Assistant
Co~,ununity Development Director - Development; Housing; effective November 28,
1975)
Roll Call Vote:
AYES: COUNCIL I-'[Z:.iBCRS: F. aywood, Sey~aour, Sneegas and Thom
'~OES: COUiICIL H~i'I~£R;J: None
ABSEHT: COUNCIL i'LE'ABhlRS: Pebley
The ~yor declared Resolution No. 75R-633 duly passed and adopted.
RESOLUTION NO. 75R-634 - MODIFYING SALARY SCIiEDULE - ASSISTANT CITY I~dIAGER:
Councilman Sneegas offered Resolution No. 75R-634 for adoption.
Refer to Resolution Book.
A RESOLUTION OF TalE CITY COUNCIL OF Tile CITY OF A/~AHEIi,[ A~.~i.IDING RESOLUTION NO.
74R-555 Ai~D ?IODIFYING Tile SALARY SCitEDULE FOR A JOB CLASSIFICATION. (Assistant
City ,~&~nager - effective December 12, 197 5)
Roll Call Vote:
AYES: COUJCIL !4]2~fBERS: Kaywood, Seymour, Sneegas and Thom
NOES: COUNCIL ~IE~D3ERS: None
ABSENT: COUI~CIL b~MBERS: Pebley
The I~yor declared Resolution No. 75R-634 duly passed and adopted.
RESOLUTION NO. 75R-635 - EFFECTIVE DATE OF TER/~KG A/iD CONDITIONS OF E}IPLOYMENT -
~ttd]AGEI.[ENT Ei,~LOYEES: In accordance with recommendation of the City b~nager,
Councilman Seymour offered Resolution No. 75R-635 for adoption.
Refer to Resolution Book.
A RESOLUTIOi't OF THE CITY COUNCIL OF THE CITY OF ANAiiEIM PERTAINING TO THE
EFFECTIVE DATE OF Tile TE~[S A,4D COi.;DITIONS OF E~.flPLOI~,IENT FOR t, taJ~AGEMENT
Ei,~LOYEES OF THE CITY OF Ag~A~IEIH. (Resolutions covering wages, hours, and
conditions of employment for management employees may be effective November 28,
1975)
75-1079
City l!a..ll~ Anaheim~ California - COUI~CIL biINUTES -December 9~ 1975~ 1:30
Roi1 Call Vote:
AYES: COUNCIL ME~ERS: Kasa~ood, Seymour, Sneegas and Thom
NOES: COUNCIL ~'~IBERS: None
ABSE~f: COUNCIL ME~IBERS: Pebley
The ~.~yor declared Resolution No. 75R-635 duly passed and adopted.
RESOLUTION NO. 75R-636 - AGREEmeNT - ARTI~UR YOUNG & CO~~ FOR WORK MEASUREM]~NT
PLAN~, PARi~ DIVISION: Councilman Seymour offered Resolution No. 75R-636 for
adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAitEIM APPROVING THE TERI~S A2~D
CONDITIONS OF AN AGREEIiENT WITH ARTilUR YOUNG & COld, ANY TO PERFORM MANAGEMENT
CONSULTING SERVICES AND AUTHORIZING TIlE MAYOR A~-~D CITY CLERK TO EXECUTE SAID
AG?~EEI'.~ENT ON BEiIALF OF THE CITY. (Not to exceed $30,000)
Roi1 Call Vote:
AYES: COUNCIL b~ERS: Kaywood, Seymour, Sneegas and Thom
NOES: COUNCIL ~ERS: None
ABSENT: COUNCIL ~.~BERS: Pebley
The ~yor declared Resolution No. 75R-636 duly passed and adopted.
Ei2LOY~NT OF ASSIST~;T CITY II~iAGER: Mr. Watts reported on the contract
agreement for employment of }lr. William O. Talley as Assistant City Manager,
noting that basically this provides for a three-year term of employment with a
salary at $45,000 per year. lie advised that there is further a resolution and
ordinance prepared to effect a change in relationship of ghe Assisgang Cigy
l~nager to the City Council, which would place this position in the exempt
sezwice together with the City Attorney, City Treasurer, and City Clerk, and. a
resolution to complete this change by ~mking certain personnel rules applicable
to this position.
RESOLUTION NOS. 75R%637 ~{D 75R-638.: Councilman Seymour offered Re~olution
!los. 75R-637 and 75R-638 for adoption.
Refer to Resolution Book.
RESOLUTION NO. 75R-637: A RESOLUTION OF TilE CITY COUNCIL OF TilE CITY OF
Ai~AHEIM APPROVING THE TERJ~IS A2~D CONDITIONS OF AI~ AGREEMENT BETW~Ei~ TI{~ CITY OF
~C~AHEI~I A~.~D WILLIA2~ O. TALLEY PERTAINING TO EMPLOYMENT Ai4D AUTHORIZING TiiE
I~YOR Alii) CITY CLERK TO EXECUT~ SAID AGREEMENT. (Assi~tan~ City Manager)
RESOLUTION NO. 75R-638: A RESOLUTION OF THE CITY COU~;CIL OF TltE CITY OF
AiqAHEIM PERTAINING TO THE CLASSIFICATIO:~ OF ASSISTANT CITY M~AGER. (Personnel
rules)
Roll Call Vote:
AYES: COUNCIL liEMBERS: Kaywood, Seymour, Sneegas and Thom
NOES: COUNCIL b[E}U3ERS: None
ABSEI;T: COUNCIL MEI.IBERS: Pebley
The Mayor declared Resolution Nos. 75R-637 and 75R-638 duly
passed and adopted.
ORDIN.A~CE NO. 3491: Councilman Seymour offered Ordinance No. 3491 for first
reading.
ORDINANCE OF THE CITY OF Ai~AHEIM A~.LENDING SECTION 1.05.030 OF TIlE ~2~AIiEIM
}~JNICIPAL CODE. (Amended as follows "The City ~nager, the Assistant City
l'lanager, the City Attorney, the City Clerk and City Treasurer")
T. ERMIi~ATION OF CONTRACT - NICHOLAS C. ASSA~ JR.: (Golf Pro at II. G. "Dad" Miller
Anaheim ~{unicipal Golf Course) Mr. Liegler submitted the following letter
75-1080
City Hall~ Anaheim~ California - COUNCIL MINUTES - Oecexaber 9~. 1975~ .1:30 P.M.
received from Nicholas Cassa, Jr., and recommended that the City Council accept
said letter of resignation, effective December 31, 1975.
"T. F. Liegler, Director
Anaheim Stadium-Convention Center-Golf
%Anaheira Convention Center
390 West Katella Avenue
Anaheim, California 92802
November 18, 1975
Dear Tom,
I would like to formalize in this letter my verbal request to you to terminate
the contract between the City and myself and to herein recite the major circum-
stances which put me in the financial position of being unable to continue.
1. In the buy-out from Olin Dutra, too much was paid for his inventory.
2. The poor decision regarding my concessions to the City when the con-
tract was amended to pemit the closing of the driving range.
3. The subsequent acceptance of restricted use of the range for golf
lessons. The use of "woods" in lessons is not permitted because of the chance
of the balls being driven into the trailer park.
4. Repeated vandalima of golf carts, but specifically the major losses of
l~arch and b~y, 1975, and the subsequent denial of coverage by the insurance
carrier.
The above events have resulted in the gradual erosion of n~ capital investment
to the point where I am unable to replace the electric carts w]~ich have been
the single significant source of profit in the operation of the concession for
some time. Currently, the business is operated at a loss, and I am delinquent
in payment of obligations. Frankly, I cannot continue, and look to a mutual
agreement to terminate before I a~a forced to default on the contract. This
would not be of advantage to the City or n~yself.
To put ~y position in the proper perspective, I think I have a justifiable
basis for asking this concession from the City. Admittedly, a contract is a
contract, but the concession made to t]~e City regardin~ the driving range was
too good a deal for the City and thus too poor a deal for ne -- but it was
occasioned by a non-contractual promise of another range, a promise which
remains unfulfilled. I also unwisely abided by a unilateral order from the
City to limit my lessons to irons in order to placate the trailer park
occupants. Lastly, after years of waiting, and then when it was too late, the
City recognized its obligation to provide adequate protection for tl~e golf
carts. Even now, my agreement to rent carts requires insurance protection
against vandalism which I have not been able to obtain.
Being a professional is a gratifying and prestigious occupation, but the
envious too often overlook the six-day week and the minimum ten-hour day. But
like any normal business the initial objective is a reasonable profit for the
owner. This is not possible in this concession without the full compliment of
services, principally a driving range, complete golf instruction, electric cart
rentals, and merchandise. Incidentally, in the sporting goods discount house
climate of the present, merchandise is tile least significant factor.
I think this memorandum makes a better presentation of my position than I did
verbally. I appreciate the concern you have shown to me in this ma~ter and
sincerely regret that I need to ask to terminate my contract as soon as
possible.
Respectfully,
s/s Nicholas Cassa~ Jr.
Nicholas Cassa, Jr."
Councilman Seymour remarked that from his experience at the Municipal Golf
Course with ~. Cassa as the pro, he was thought of very highly, and the City
will be losing a good public relations factor.
75-1081
City Ha. lll. Anaheim~ California - COUNCIL MI.!~UTE. S - December 9~ 1975t 1;30 P.Ii.
RESOLUTIOI; NO. 75R-639; Councilman Seymour offered Resolution No. 75R-639 for
adoption, accepting the letter of resignation submitted by Mr. Cassa, and
terminating said contract, effective December 31, 1975.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF ANAIiEIM ACCEPTING THE REQUEST
OF NICIIOLAS CASSA, JR., TO TE~IINATE TIlAT AGREE}~NT ENTERED INTO BETWEEN TiIE
CITY AI{D NICHOLAS CASSA, JR., DATED FEBRUARY 25, 1969, ~,~D ALL Al/ENDMENTS TO
SAID AGREEMENT.
Roll Call Vote:
AYES; COUNCIL I.~MBERS; Kaywood, Seymour, Sneegas and Thom
NOES: COUNCIL ME}~ERS: None
ABSEI~; COUNCIL MEMBERS; Pebley
The l.~yor declared Resolution No. 75R-639 duly passed and adopted.
Following brief discussion, by general consent, the City Council
authorized Mr. Liegler to proceed with discussion and negotiations prerequisi~c
to the City's taking over the golf cart concession at the I{. G. "Dad" Miller
Golf Course and further to solicit proposals for a replacement golf pro at this
course, subject to the approval of the Golf Course Advisory Commission.
~M. Liegler explained that he contemplates the golf pro selection process
would involve members of th~ City staff and Golf Advisory Co~mntssion as well as
representatives from the men's and women's golf clubs. The proposal would then
be submitted for Council approval.
...RESOLUTIO..N' I;.O. 75R-640.. ... - STOre! DRAIN AGREEMEN'ft NORTHEAST INDUSTRIAL
Council~an Seymour offered P~e'solution No. 75R-640 for adoption.
Refer to Resolution Book.
A RESOLUTION OF TiiE CITY COUNCIL OF THE CITY OF ANAIIEII! APPROVING THE TER/IS Az'~D
CONDITIONS OF Al'; AGREEMENT WITH Tile Ai~AltEIM REDEVELOPmeNT AGENCY FOR Tiig CON-
STRUCTION OF STOPJ'{ DRAIN FACILITIES.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Sneesas and Thom
NOES; COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pebley
The Mayor declared Resolution No. 75R-640 duly passed and adopted.
RESOLU.~I.ON NO. 75R-641 - AMENDMENT.....TO AGREEMENT NO, 7UT-4839 - STAT~ OF
CALIFORNIA: In accordance with reco~mmendation of t~e City Engineer and upon
report tl~at subject agreement would be ac no cost to the City of Anaheim,
Councilwoman Kaywood offered Resolution No. 75R-641 for adoption.
Refer to Resolution Book.
A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF ANAIIEIM AUTHORIZING Tile
EXECUTION OF A/; AMEND}leNT TO UTILITIES AGREEMENT NO. 7Ut-4839 WITH TIlE STATE OF
CALIFOR/'~IA. (Santa Aha Freeway reconstruction at Brookhurst)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Snee§as and Thom
NOES; COUNCIL MEMBERS: None
ABSEnt: COUNCIL MEMBERS: Pebley
The ~.~yor declared Resolution No. 75R-641 duly passed and adopted.
COl{SENT CALENDAR XT~MS~ On motion by Councilwoman Kaywood, seconded by
Councilman Seymour, the following actions were authorized in accordance with
reports and recommendations furnished each Council Member and as listed on the
Consent Calendar Agenda.
75-1082
City llall; Anaheim; California - COUNCIL MINUTES - December 9; 1973; 1:30 P.M.
1. 7~.[USE~IENT DEVICES PEP~-'iITS: The following permits were granted, subject to
the recommendations of the Chief of Police:
a. Amusement Devices Permit for 14 various coin operated machines to be
located at The Billiard Works, 645 i~orth Euclid Street. (Frederick J. Woelky,
Applicant).
b. Amusement Devices Permit for 3 coin operated amusement device machines
to be located at The Backdoor, 1807 West Katella Avenue (John M. Bleem,
Applicant).
c. Amusement Devices Permit for 4 coin operated amusement device machines
to be located at The Ball, 1116 l]orth Fountain Way (Larry R. Payton,
Applicant).
2. COth~,ESPONDENCE: The following correspondence was ordered received and
filed:
a. City of Cypress - Resolution No. 1655 - Requesting support from the
Orange County Board of Supervisors and other cities in Orange County affected
by the recent fire insurance rating for a grand jury investigation of ghe fire
insurance rating procedures.
b. City of Yorba Linda- i{esolution ~os. ~16 and d17 - Expressing its
opposition to the proposed Chino ilills Airport - Urging the Orange County Board
of Supervisors to give serious consideration to Ontario International Airport
as the solution to the future air transportation needs in Orange County.
c. Financial and operating reports for the month of October, 1975~ for
the Water Oivision~ Public Library, and Engineering.
d. Anaheim Public Library Board - I'fiuutes - September 22, and October 20,
1975.
e. Community Redevelopment Cor~..~ission - ~inutes - November 12, 1975.
f. Co~anunity Redevelopr.~ent Co~,m:~ission/Intem~ode Committee ~Ieeting -
}~inutes - 'lovember 12, 1975.
Councilr:%an Pebley absent. MOTION CARRIED.
RESOLUTION NO. 75R-642 - DEEDS OF EASEI,UC~T: Councilman Sneegas offered
Resolution No. 75R-642 for adoption.
ilefer to Resolution Boo]:.
A R~JSOLUTIOi'~ OF TIlE CITY COUilCIL OF THE CITY OF A~A~iEII~i ACCEPTING CERTAIN DEED~
~ID ORDERING THEIR I~CORDATiO~. (Southern California Edison Company; Walter J.
Vernon, et ux.; First Church of Christ Scientist of Anaheim; The Church in Los
Angeles; Bryan Industrial Properties, Inc.; The Church of Jesus Christ, Inc.)
~(oll Call Vote:
AYES: COU?;CIL ~,[E~'1BERS: Ka~vwood, Seymour, Sneegas and Thom
i~OES: COUNCIL :,[E~,iBERS: None
ABSEIiT: COUNCIL I'~MBERS: Pebley
The i~yor declared Resolution No. 75R-642 duly passed and adopted.
PEFC'[ISSION 'fO PROCEED AT O~,,;~, RISIi - PRIVATE EDUCATIONAL INSTITUTION: (2580 West
Orange Avenue) Mr. Ronald Thompson presented a written request dated December
8, 1975, to operate a private educational institution (high school) at the
facilities of St. Paul's Presbyterian Church, 2580 West Orange Avenue for the
purpose of providing special education for educationally handicapped students
and those with learning disabilities.
Mr. Thompson reported that the zoning action which originally permitted
the church did not include such a use, but that the Magnolia Baptist Church in
the immediate vicinity has been granted these rights.
By general consent, tile City Council indicated that the private
educational institution may proceed to use the facilities at St. Paul's
Presbyterian Church, 2580 West Orange Avenue, at their o~ risk, until a
conditional use permit is processed.
75-1083
City liall~ Anaheim~ California - COUNCIL MINUTE5 - December 9~ 1975~ 1:30 P.M.
RESOLUTION NO. 75R-643 - REJECTI£~G ALL BIDS. ~ WOIGi ORDER NO. 2095: On
recommendation of the City Engineer, Councilman Sneegas offered Resolution Ilo.
75R-643 for adoption.
Refer to Resolution Book.
A RESOLUTION OF TtIE CITY COUNCIL OF THE CITY OF Ai.~AiIEIM REJECTING ALL BIDS
RECEIVED UP TO THE IIOUR OF 2;00 P.M. ON TIlE 4TH DAY OF DECEMBER, 1975, FOR
EASTRIDGE RESERVOIR CONSTRUCTION, AiID READVERTISING TILE OPENING OF BIDS
TttEREON, WORK ORDER NO. 2095. (Bids to be opened, January 15, 1976, 2;00 P.M.)
Roll Call Vote:
AYES: COUNCIL MEltBERS: Kaywood, Seymour, Sneegas and Thom
NOES: COUNCIL ~iEI.iBERS: None
ABSENT: COUNCIL MEItBERS: Pebley
The ~yor declared Resolution No. 75R-643 duly passed and adopted.
ORDINAiqCE NO.. 3488: Councilman Thom offered Ordinance No. 3488 for adoption.
Refer to Ordinance Book.
~E'~ ORDINA/~CE OF THE CITY OF AR'IAHEI~! A~.iENDING TITLE 18 OF THE AiIAHEIM b~JNICIPAL
CODE RELATI~G TO ZONING. (69-70-39 (3),
Roll Gall Vote;
AYES: COUNCIL MEItBERS: Kaywood, Seymour, Sneegas and Thom
NOES: COUNCIL MEPiBERS: None
ABSENT: COUNCIL MEPtBERS: Pebley
The ~.~yor declared Ordinance No. 3488 duly passed and adopted.
ORDIi~JR,]CE I~O. 3489: Councilman Sneegas offered Ordinance No. 3489 for adoptio~n.
Refer to Ordinance Book.
A~ ORDINA/~CE OF THE CITY OF ANAItEIM A/fENDING TITLE 18 OF THE A~NAIIEIM ~Y0~ICIPAL
CODE ~IELATING TO ZONING. (73-74-47, P~[-12O0)
Roll Call Vote:
AYES: COUNCIL MEI-tBERS: Kaywood, Seymour, Snee§as and Thom
NOES: COUNCIL ~i,~IERS: None
ABSENT: COUNCIL iiEliBERS: Pebley
The l.~yor declared Ordinance No. 3489 duly passed and adopted.
ORDINA/;CE NO. 3490: Councilwoman Kaywood offered Ordinance No. 3490 for
adoption.
Refer to Ordinance Book.
AR~ ORDINanCE OF TIlE CITY OF Ai~A}iEII4 A/.tENDING TITLE 18 OF TiLE AI~AI{EIM MUNICIPAL
CODE RELATING TO ZONING. (73-74-56 (1), RS-HS-10,O00)
Roll Call Vote:
AYES: COUNCIL MEI, tBERS: Kaywood, Seymour, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT COUNCIL M}/iBE RS Pebley
The I,~-yor declared Ordinance No. 3490 duly passed and adopted.
APPOINT~ENT - GOLF COURSE ADVISORY CO..~..~IS.SION: On motion by Councilman Seymour,
seconded by Councilman Thom, Mr. Edward Klein, 606 South Barnett, Anaheim, was
appointed to the Golf Course Advisory Commission. Councilman Pebley absent.
~OTION CARRIED.
75-1084
Anaheim; California - COUi~CIL MII~UTES - December 9; 1975~ 1:30 P.11.
CO~'RIU~ITY GARDEi~ING OPPORTUb~ITIES: Hayor Thom introduced a letter received from
Supervisor Ralph Clark advising of the availability of a parcel of County land
at the corner of Imperial Highway and Esperanza Road, which is available for
use in the City-County Cooperative Co~mnunity Garden Program.
Following brief discussion, by general consent, the Council directed that
letters be forwarded to homeowner groups in the area to ascertain if there is
any interest in participation.
RECESS - EXECUTIVE SESSIO~: Councilwoman Kaywood moved to recess to Executive
Session. Councilman Sey~'~our seconded the motion. Councilman Pebley absent.
MOTIOi~ CA?allIED. (5: 13 P.H. )
AFTER RECESS: ?~yor Thom called the meeting to order, all Members of the City
Council being present, with the exception of Councilman Pebley. (5:45 P.M.)
CONFIP~XtATION OF TEtR~IIi~ATIOiI Ai-~O APPOIi~TIIENT - FIi.IANCE DIRECTOR: Mr. Murdoch
asked for confirmation of the termination of ~ir. M. R. Ringer as the Finance
Director of the City of Anaheim, effective December 10, 1975.
On ~aotion by Councilman Thom, seconded by Counciltman Seymour, the
termination as stated by the City I~nager was confirmed. To this motion,
Councilman Sneegas voted "no".- Councilman Pebley absent. MOTIOiI CARRIED.
:~r. i~{urdoch requested appointment of 1.~r. William O. Talley as Acting
Finance Director, effective December 1S, 1975, in conjunction with his duties
as Assistant City Manager.
On motion by Councilnmn Thom, seconded by Councilman Seymour,
~. William O. Talley was appointed Acting Finance Director, effective
December 13, 1975. To this ~otion, Council~nan Sneegas abstained. Councilman
Pebley absent. ~TiON CA!~-~IED.
RECESS: Councilman Seymour raoved to recess to 7:30 P.M. Councilman Thom
seconded the motion. Councilnmn Pebley absent. MOTION CARRIED. (5:48 P.i,'I.)
AFTER RECESS: ?layor Thorn called the meeting to order, a quorum being present.
Councilman Sneegas and Pebley absent. (7:30 P.M.)
PilESEi~T: COUNCIL b~I'~E!IS: Ka.gn,~ood, Seymour, Sneegas (arrived 7:40 P.M.) and
Tho~a ..,
ABSE.~T: COU~CIL ~E?IBERS: Pebley
PRESEi~T: AI)MINI.~;TI~TIVE AS~IST£~T: John Harding
CITY ATTOI~,~EY: Alan R. Watts
CITY CLEPa[: Alone ~',~. Hougard
PLANNING DliiECTOX: Ronald Thompson
COi~TINUED PUBLIC tlEARING - C07~DITIOi[~tL USE PEa,fIT NO. 1575: Application of
Robert H. Cox for conditional use permit to permit a sorority house on R$-7200
zoned property located at 125 South Sunkist Street, was submitted together with
application for negative declaration status from the requirement to prepare an
environmental impact report.
The City Planning Con,mission, pursum~t to Resolution No. PC75-220,
reported that the Plannin[~ Director !las determined that the proposed activity
falls within the definition of Section 3.01~ Class 1 of the City of Anaheim
Guidelines ~o the require~ents for an environmental impact report and is,
therefore, categorically exempt from t]~e requirement to file an environmental
impact report and further denied Conditional Use Permit No. 1575.
Appeal from action taken by the City Planning Coramission was filed by
~rlene Taylor, President, itouse Corporation, Agent for the Delta Zeta Sorority
and public hearing scheduled this date at 2:30 P.H. ttowever in order to
accommodate the requests received for an evening public hearing, the Gouncil in
accordance with their intent declared at the meeting of November 25, 1975 to do
so, continued the public hearing on Conditional Ume Permit No. 1575 from 2;30
P.~[. this afternoon to this time.
75-1085
City i~11~ Anaheim~ California - COUNCIL MINUTES - December 9~ 19.75~ 1:30 P.M.
Tile City Clerk advised that prior to the meeting, 8 letters were received
in opposition to Conditional Use Permit No. 1575 and 28 in favor; received this
date were 3 letters in opposition and a petition containing approximately 63
signatures indicating opposition to the approval of Conditional Use Permit No.
1575.
~ir. Ronald Thompson advised that the proposed sorority house is located at
the northwest corner of Ward Terrace and Sunkist Street, 600 feet southerly of
Lincoln Avenue. He described the land uses in the immediate surrounding area
which are primarily single-family residential, except for a multiple-family
development on the northeast corner of Ward Terrace and Sunkist Streets.
~. Thompson reported that the Planning Commission, in their consideration
of this matter, voiced the opinion that the proposed sorority house would be
difficult to control at the subject location; that the parking and noise
problems would be an undesirable intrusion on the established residential
character of the neighborhood.
The ~yor opened the public hearing.
Speaking in favor of the sorority house was Mr. Bill Woods, 4225 East La
Palms Avenue, Anaheim. Mr. Woods pointed out that each of the five ~irls who
will live in this residence are students at Cal Stage University at Fullerton,
and members of the Delta Zeta National College Sorority, Iota Upsilon Chapter,
and as such are supervised by adults and subject to meeting tile standards and
regulations of the local chapter and national organization. He advised that
they intend for only five girls to live in the house, that their meetings and
events will be held elsewhere. The one exception to this being "rush" week
which is held annually at the beginning of the school year. This event
unfortunately occurred shortly after the girls ~ved in and led ~o many of the
neighbors' objections to the sorority house, lie stated that the girls have
volunteered to keep this annual intrusion to a minimum, to control the parking,
and to conduct themselves so that there will not be any obtrusive noise.
~-k. ~oods stated that it is important to note that although this is a
single-family residential neighborhood, subject house is located on Sunkist
Street which is a busy four-lane arterial highway and would not be suitable for
use as a home for a family with children. Mr. %';ood advised that his interest
in the sorority stems from the fact that his wife has been rush advisor to this
group for many years and currently serves as their pan hellenic representative.
lie advised that tie is personally knowledgeable of these sirls and voiced the
opinion that they represent the best in young people and therefore the City
government should support and encourage them in this endeavor.
Councilman Sneegas entered the Council Chamber. (7:40 P.M.)
Two members of the sorority, }~ss Terrie ~nhart, 2112 Palais Road,
Anaheim, and I.~ss Cindy Dlllworth, 630 Amboy Street, Anaheim, spoke in favor of
tile application for the conditional use permit. They gave some background on
their Chapter including the information that because Cal State Fullerton is
primarily a commuter college, they have no need for more than five girls to
live in the sorority house; that their Chapter is strongly supervised by
alumni; that two adult supervisors are present at each meeting and social
function; that they have made arrangements for weekly meetings to be held at.a
local savings and loan institution rather than at the sorority house as
originally proposed; that only committee meetings and small functions for the
girls would be held at the house; that parties and larger functions, other than
the annual "rush" week, would not be held at this location.
l~ss Manhart read a letter from Mr. Clint W. tIill, a resident of the area
for ten years, in support of their petition and further noting that there have
been no excess traffic problems since the girls arrived, and that the manner in
which the land and property is being kept is an asset to the con~nunity.
Mrs. Marlene Taylor, 406 Fernhill Lane, Anaheim, President of the Delta
Zeta House Corporation which leases tile houses for the sorority stated that
their goal is to provide a decent, safe neighborhood for the girls. She stated
that she represents 70 families in Anaheim and 350 in North Orange County who
are members or alumni of the sorority. She reiterated that because the
sorority is national in scope there are certain controls and standards of
75-1086
._City Hall, Anaheim~ California - COUNCIL MINUTES - December 9~ 1975; 1:30 P.M.
behavior which must be upheld. She indicated that they felt the property at
125 South Sunkist Street to be a good location for them inasmuch as it is
located on the edge of a residential area and there is adequate additional
parking on the opposite side of the street. She advised that they are renting
at this location and should their space requirements change, they would seek a
lar~er house. She advised that in the spirit of co~apromise ~h~y are willing ~o
amend their original petition and accept the limitation that no weekly meetings
will be held in the house at 125 South Sunkist Street but rather these will be
conducted at a savings and loan institution, and furthermore they are willing
to accept tl~e limitation of no more than five girls being in residence.
.~. Robert Cox, llP South Sunkist, owner of subject property, questioned
what the temps and time permitted by the conditional use permit would be and
was informed by the City Attorney that these matters would be determined as a
result of this hearing. ~.[r. Cox reported tha~ he rented this proper~y to the
sorority with tl~e knowledge that their track record, vis a vis a rental in the
City of Brea which was located in the middle of a residential gract, was good
and there was no devaluation of the residential properties surrounding it. ills
:,~in justification for subject use of the property as that i~ is located facing
an arterial highway and is consequently unsuitable for rental to families with
children, lie reported that he has received no compliants whatsoever from
neighbors regarding this rental.
Also speaking in favor of Conditional Use Permit No. 1575 were ~,.~. Bob
ilardin, 1245 West Eisner, Anaheim; ~. Gerald Mullin, 4190 Elizabeth Court,
Cypress; ~Ir. ~rvin Cox, 119 South Sunkist, Anaheim.
These gentlemen expressed the viewpoints that there would be more control
over the activities of the sorority if it were governed by conditional use
permit, through which certain restrictions could be legally imposed on the use
of the property; that this neighborhood is safe and secure and the type in
which such a sorority house should be located; that traffic on Sunkist has
increased considerably in the years since 1968 and the few extra cars generated
by the sorority house would have little additional impact on the area.
Prior to calling for those in opposition and offering them the opportunity
to speak, i~yor Thom wished to make it very clear that tile City Attorney has
advised the Anaheim ~unicipal Code provides that five unrelated individuals may
live in a house together without benefit of conditional use permit or any other
special permit, and consequently whether or not subject conditional use permit
is approved, the five girls could continue to reside at 125 South Sunkist
Street.
~. Warren Bratcher, 107 Normandy Court, Anahe~:, stated that tile dis-
approval expressed by himself should not be construed to be any reflection on
the character of the young ladies of the sorority, itis opposition is primarily
concerned with the precedent which would be set by the approval of the
conditional use permit. He stated that there are new single-family homes under
construction at this time on Sunkist Street, which indicates to him that it is
still a desirable residential environment, lie remarked that he and the other
area residents have realized an appreciation of value on their property, but at
the same time are captives of that appreciation since it will cost them that
much more to replace their homes, lie urged the Council blembers, as elected
representatives of the citizens of the City to evidence concerns for the prop~
erty rights of the homeowners.
Also speaking in opposition to Conditional Use Permit No. 1575 were; Glen
Alexander, 119 Olympia Court, Anaheim; Bob Fitzgerald, 100 Normandy Court,
Anaheim; Richard Robinson, 124 Normandy Court, Anaheim; Don Ingram, 2448 Ward
Terrace, Anaheim; %~yne Lemons, 2446 ~rd Terrace, Anaheim; Russel Ilavemann,
115 London Court, Anaheim; Kitty Baler, 114 Normandy Court, Anaheim; Joan
l'ettit, 110 Normandy Court, Anaheim; Mrs. Pat Chevalier, 420 Ward Terrace,
Anahein.
Reasons given for opposition to the granting of Conditional Use Permit No.
1575 and the proposed use of this property as a sorority house were:
1. That it would generate additional traffic and parking congestion on
ounklst Street.
2. That it would cause a loss in property values.
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City Hall, Anaheim, California - COU:ICIL IlINUTi. iS - December 9! 1975! 1;30 P..H.
3. That the people who are in favor of tile conditional use permit for tile
l~lost part do not live in the subject area and do not have a substantial
financial interest in surrounding properties as do tile hol'~.]eowners.
4. That action to approve this conditional use permit would establis]l a
precedent, making it more likely that future similar requests for such use
would be received and perhaps approved.
5. That the use of the property as a sorority house would change the
residential character of the neighborhood and tile long-time residents of that
area did not choose that neighborhood because they wanted to live in a
university town atmosphere, but rather because of its quiet, single-family
residential nature which they wish to see maintained.
6. That it is not prudent to permit five unrelated individuals to live
together; that this practice creates problems and therefore the Code should be
amended so as not to permit this situation to come about, but permitting only
three or two unrelated individuals to live together.
7. That the proposed use constitutes a danger, both physical and moral,
to the children living in the immediate area.
8. That it is physically impossible to control the number of girls living
in this house, and that although only five girls would be permitted, these five
would not always be the same.
In response to some of the comments and concerns voiced by the opposition,
the Council advised that the conditional use permit was necessary when the
sorority intended to conduct their weekly meetings on the premises at 125 Sou=h
Sunkist Street, but since they have withdrawn that portion of the application,
the conditional use permit is no longer necessary.
After hearing a summation from Mr. Cox, and additional comments from the
opposition voiced by Mrs. Chevalier, Mayor Thom closed the public hearing.
During discussion Councilman Sneegas voiced the opinion that a conditional
use permit for this use would afford the Council and the adjacent property
owners more control over the proposed use of the property by the sorority
inasmuch as reasonable controls could be placed on such activities.
Councilman Seymour related that he has recently learned that 20% of the
Cal State Fullerton population resides in Anaheim and therefore he was of the
opinion that there is a need for this type of use in the City of Anaheim.
Since there is an ordinance existing which would permit the girls to continue
to live at this residence without the conditional use permit, he advised that
it was his opinion then that the conditional use permit should be denied.
pointed out that this will afford the City a unique opportunity to observe the
situation and see how it works with the surrounding residential community. If
the house is maintained in good order and they are good neighbors, perhaps
there is a locale in the City of Anaheim for that type of activity. On the
other hand, a conditional use permit has been proven difficult to revoke in the
event of problems.
Councilwoman Kaywood asked for Councilman Seymour's professional opinion
as to the alleged decrease in property values as a result of the sorority house
and he replied that with the type of use he believes these girls will make of
the house, no decline in property values should occur.
Councilman Sheet&s concurred, however, he pointed out that the sorority is
trying to be open and above board and accommodate the City's ordinance and he
was concerned about the long-range effect of having permitted them ~o proceed
with subject conditional use permit because what they intend to do meets the
current definition in the ordinance.
Councilwoman Kaywood urged that the sorority and :he homeowners try to
live as good neighbors. She reminded those in opposition that if their
daughters were away at college they would certainly wan~ ~hem to live in a
secure residential area.
CATEGORICAL EXEI~TION,,.,,,..- ENV.!ROi~:tENTAL,,' IiflPACT REPORT: On motion by Councilman
Thom, seconded by Councilwoman Kaywood, the City Council ratified the deter-
mination of the Planning Director 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,
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.City Hall; Ana. heim; California - COUi~CIL MINUTES - December 9~ 1975! 1:30 P.l-l.
categorically exempt from the requirement to file an environmental impact
report. Councilman Pebley absent. ~.iOTIO~ CARRIED.
RESOLUTION NO. 75R-644: Councilman Thom offered Resolution No. 75R-644 for
adoption, denying Conditional Use Permit ~o. 1575 on the basis that it is not
necessary for the proposed activity as the application has been modified.
Refer to Resolution Book.
A [IESOLUTION OF TIIE CITY COUi~CIL OF Tile CITY OF A~4Ai~EIM DENYING CONDITIO~AL USE
PE~IIT l~O. 1575.
Roll Call Vote:
AYES: COUNCIL ;FEllERS: Kaywood, Seymour, Sneegas and Thom
NOES: COUNCIL ~{EMBERS: None
ABSENT: COUNCIL ~IBERS: Pebley
The ~layor declared Resolution No. 75R-644 duly passed and adopted.
AI)JOU}I]I.H.'~NT: Councilman Seymour moved to adjourn. Councilwoman Kaywood seconded
the motion. Councilman Pebley absent, i~IOTIOi4 CARRIED.
Adjourned: 9: 17 P.
ALONA ~-i. ilOUGARD, CITY CLERK