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1971/12/2171-751 Ci__~.~!l_, Ana__heim~ California - COUNCIL MINUTES - December 21, 1971, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and D~tton ABSENT: COUNCILMEN: None PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Giesler CITY CLERK: Dene M. Daoust CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. FLAG SALUTE: Councilman Mark A. Stephenson led the Assembly in the Pledge of Allegiance to the Flag. MINUTES: Minutes of the Anaheim City Council regular meeting held December 7, 1971, were approved on motion by Councilman Pebley, seconded by Councilman Roth. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen, unless after read- ing of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Pebley seconded the motion° MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $875,771.79, in accordance with the 1971-72 Budget, were approved. PUBLIC HEARING - VARIANCE NO. 2302: Submitted by Shapell Industries, to permit development of a 136-1ot residential subdivision on R-A zoned property lo- cated on the south side of Santa Ana Canyon Road, west of Walnut Canyon Road, with waivers of: a. Minimum lot width. b. Minimum lot area. c. Minimum front setback. The City Planning Commission, pursuant to Resolution No. PC71-233, granted said variance in part, denying Waivers "a" and "b," and granting Waiver "c," for Lots 20, 21, 22 and 23, subject to the following conditions: 1. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 2. That subject property shall be developed substantially in ac- cordance with plans and specifications on file with the City of Anaheim mar- ked Exhibit Nos. 1 through 18 provided, however, that all lots shall have a minimum of 7,200 square feet of area and shall be 70 feet in width. Appeal from action taken by the City Planning Commission was filed Thomas C. Sifferman, of Shapell Industries, Inc., and public hearing scheduled this date. Zoning Supervisor Charles Roberts noted the location of subject approximately 29 acres, existing uses and zoning in the immediate area, and briefed the evidence submitted to and considered by the City Planning Com- mission. Mr. Roberts added that a Resolution of Intent to R-1 (Reclassifi- cation No. 68-69-98) was approved in 1969, and at that time a variance (No. 2097) was granted, waiving lot-width requirements for some lots in the sub- division; however, none of the lot areas were less than 7,200 square feet. TENTATIVE TRACT NO. 7003~ REVISION NO. 2: Developer - Shapell Industries. Property located on the south side of Santa Aha Canyon Road, west of Walnut Canyon Road, and contains 136 proposed R-1 zoned lots. 7!- 752 City Hall, ~knaheim, Cali~-L!!.,\i_!!- COUNCIL MINUTES- December 21, 1971, 1:3(i P.M. The City Planning Commission, at their meeting held November 29, 1971, denied said tentative tract on the basis that it does not meet lot width nor lot area requirements. Also considered at that time was thc. ease-. ment along the west boundary, a matter that apparently still was not resolved. In reply to Council questioning of Mr. Roberts, a member of the audience advised that the tract lots to the west of subject property were 8,000 square feet. Mr. Roberts advised that a variance was also granted the tract to the west and according to h~ recollection, it was for lot widths, not area. Mayor l),~tton asked if the Applicant was present and wished to ad- dress the Council. Thomas C. Sifferman, Applicant, stated his company presently has a development, "Canyon Acres," slightly west of Imperial Highway, at Santa Ana Canyon Road, with 5,000-square foot lots, and that approximately half o~ those homes have been sold. He displayed artists' renderings of four of those homes, each with three different elevations, and advised that the homes range from approximately 1,400 to 2,300-square feet, and sell at a price range of $29,000.00 to $39,000.00, not including options available. He cited an additional development by his company on State College Boulevard, "Brookmont Park," as another example of homes built by his company. Mr. Sifferman stated that the homes they intend to build on subject property will be comparable to those in Canyon Acres; however, because of the extremely high land and improvement costs the price range will be from $32,000.00 to $42,000.00. Referring to the easement problem along the western boundary of subject property, Mr. Sifferman stated Mr. Budlong, who holds a 6-foot ease- ment on the west boundary of subject property, and a 6-foot easement on the east boundary of the adjoining property, the easement that has been the sub- ject of controversy since the slope on this land has created difficulties for the existing adjacent homes, has agreed to abandon that easement in exchange for access to his home located south of subject property, by way of a projected street through the proposed tract. He added that meetings had been held on two occasions with owners of the nine homes abutting subject property that are affected by this ease- ment, and his company has agreed to solve the problem, both to the satisfac- tion of the homeowners and the City; also, that since these nine homes have the largest lots in their tract and are of greater size and value than the ones proposed on subject property, his company agreed to have all lots abut- ting their~property meet the 7,200-square foot requirement, and that they also agreed to 7,200-square foot lots abutting the Walnut Canyon Estate Homes to the east, thus reducing to 16 the number of lots on which the variance is requested. He stated that his company would so stipulate to those lot sizes at those two locations and also to correcting the easement problem. Mr. Sifferman stated that stipulating to the 7,200-square foot lots would mean that approximately 50 of the total lots would be 7,200-square feet or more, and that approximately two-thirds would be more than 6,500-square feet; that with an average of five persons per home their requested waiver would res~t in approximately 80 persons more in the area than present zoning allows over the total 29 acres. Mr. Sifferman noted that there had been other attempts to develop subject property; however, he understood the homes previously proposed were designed to meet minimum requirements, whereas the homes his company intends to build would be substantially better and would have substantially more bene- ficial effect on surrounding property and the Canyon area. 71-753 Cit_y_~allz.__An_aheim, Cali[ornia COUNCIL MINIfi'ES- December 21, 1971, 1:30 P.M. He stated that, in his opinion, the hardship created by their offsite improvement costs necessitates some consideration in slightly increased density in order to present the quality home the property deserves. The I,-~yor ~.~k~d ~ f anyone else wished to address the Council in favor of subject application. Lee Bly, 5929 Hadrians Crescent, one of the homeowners of the abut- ting property to the west, stated these homeowners concurred with the contin- gencies to which Mr. Sifferman stipulated. He added that he believed subject proposed development was the best submitted thus far for this property. i{e further add~;d that he previously had signed a petition negating approval o£ the tract, ::tr~r~ he now desired to recall t!~at signature. In reply to Council questioning. Mr~ Bly stated he had changed his mind about opposing the proposed project due to the cooperativeness of the developer to solve the drainage problem in connection witb the existing easement, construct quality houses, and wherever adjoining homes exist to meet or exceed the quality of those homes. The Mayor asked if anyone wished to address the Council in opposi- tion. Mary Dinndorf, 131 La Paz, Walnut Canyon Estates development, objec- ted to any waiver of lot size. Bob McQueen, 4831 McKinnon Drive, representing the Santa Aha Canyon Improvement Association, stated they have no objection to the homes as proposed; however, they did object to allowing 16 homes more than nhe zoning allowed, since through General Plan Amendment No. 122 the Council had agreed to low den- sity in that area south of Santa Aha Canyon Road. He expressed the fear that granting a lot size waiver in this instance would set a precedent for other req~c~ts. Phil Joujon-Roche, representing the Santa Ama Canyon Property Owners Association, stated his organization felt the requested waivers were another attempt to erode the General Plan for this area. He referred to a recent R-2-5,000 zoning approval south of the Santa Ana River as an example of how high-density developments are coming into existence. He contended that the De- velopment Services Department and City Planning Commission have abided by the General Plan for this area, but the City Council is not, since it is allowing continued erosion and breaking down of the original intentions. Bob Byron, a homeowner in the tract adjacent to the proposed develop- mcnt, objected to the hig},er density proposed without any provisions for addi- tiona! recreational facilities, and felt ther~ should be some "trade offs," ~ucb as a tennis c:ourt~ Frank Racvek., 59~7 Hadrians <ires~'.;ent~ ,~ h~meowner in the tract imme- diat'~!.., west of subject p~operty~ stated be and several of his neighbors objected to the proposed higher density of the projected development. Thc~ Mayor i~v~ted the ~pplicant; to prencnt a brief rebuttal. ~. :';~ ~i~,~r~ ?,tateC he was under the impression the goal for the ~y~>~ :~.ca wa.'~ for lasting quality de'velopment= rather than just simply ~!~w ~'~c~;J. ty o~! 7~200-p!.us ~quare foot lots. He added that their proposal <~ff~r.~! <~,~.~ai[.t~f c~:~nst:ru.:ti~n and t;h'~t: no lot~ wo~id be !es~ than 6,000 square f~ct. t~!~at it was his opinion the v.'~]ue ~,f the homes proposed was comparable t~ cr greater than those ip th~ adjoining Walnut Canyon Estates development. It was ~]etermined suff~.cit'~nt ~v~de,oce had been presented, and Mayor i>.~tt:o~ .:]c*ctared the h~:a~:'in~ cl~se~i~ ]ouncil~lan St~phe~,s,~n sta~ed be agreed with the City Planning Com- mission ~'ecormnendations si~ce he .~ou].d see no ~eason for granting lot-size waivers; that aOproval would set ~ ~recedent contrary to the General Plan. Cit~ H611, ~'taheim, .~]al.~ornia - COUNCIL MINUTES - December 21, 19Z1, ~L~0 P.~ Councilman Dutton advised that since there already is some in that section ot the Canyon with R-3 zoning, no precedent of high-density zoning could be s~t in this case. Councilman Roth expressed concern that on insisting low density be maintained in the area could result in low-quality homes being construc- ted; on the other hand, he would not like to see a precedent started of squeezing in extra lots by waiving lot-size requirements. RESOLUTION NO. 71R-546: Councilman Thom stated he felt the Anaheim residents were depending on the Council to set and maintain the criteria for the Canyon area, and thereupon offered Resolution No. 71R-546 for adoption, granting Variance No. 2302~ in part, denying Waivers "a" and "b", and granting Waiver "c" for Lots 20, 21, 22 and 23, subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2302, IN PART. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Datton None None The Mayor declared Resolution No. 71R-546 duly passed and adopted. TENTATIVE MAP, TRACT NO...7.00~, REVISION NO. 2: On motion by Councilman Thom, seconded by Councilman Stephenson, Tentative Map, Tract No, 7003, Revision No. 2 was denied, as recommended by the City Planning Commission. MOTION CARRIED. COIN-OPERATED LAUNDRY MACHINES: Petition of Lee Gorelick, Executive Secretary, Southern California Route Operators Association, Inc., dated October 25, ]971,for a change in the Business License tax procedure as it refers to the coin-operated laundry machine industry was deferred to this meeting from the meeting of November 16, 1971, at the request of Mr. Gorelick. Mayor Dutton invited the Petitioner to address the Council. Lee Gorelick, 600 North June Street, Los Angeles, read the letter of request submitted to the Council and advised that the Bill passed by the Senate in 1970 (SB-1184) providing that coin-operated laundry machines be taxed on a gross-receipts basis rather than per machine, was passed unani- mously by the Senate and an overwhelming majority of the Assembly. He added that he felt the Council should not be influenced by the one large company in their business that has caused problems in Anaheim, since 97% of the com- panies are small. Mr. Gorelick contended some of the small vending machine businesses have had to quit business because of the unjust taxing, and noted as an ex- ample, that taxes as high as $10.00 per machine have been levied in part of Orange County. He stated that it was for this reason that his organization went through the process of getting Bill No. SB-1184 introduced by Senator Dolwig. Mr. Gore]Jck noted that Anaheim's annual tax basis has been re- duced from S3.00 per machine to S1.0(] per machine~ however, he stated. ~ven that rate ~s ~xc~ssive in their 0,in,on. He added that Anaheim presently ~s the only city th~y have. approached in thc State thus far that has not granted thei':- req,mst to tax on :~ ~?,~'ev~m~e basis, rather than a per- machine basis~ Mr. Goreiick stated his organization t~.~d been instrumental in per- suading thc· City o? Long Beach. ~-Iso ~ charter city, to change to a gross- receipts basis recer~t~'.? and adv~.~e:~ t-hat ho had given M~ Geisler a letter the Long B~ach C~t:,? atrc~-n~.? ha~ written reco~ending the cban~e, and listing ~he provisJon~ r;f th~ new Lonh beach ordinance. 7]-755 City ~11~ Anaheim, California - COUNCIL MINUTES - December 21, 1971, 1:30 P.M. In reply to Council questioning, Mr. Gorelick advised that their Association represents at least 80% of the Southern California operators and many Anaheim firms are members, including Mr. Bloomfield's company (WEB Service Company), which is the largest operator in the State. Councilman Roth, in response to Mr. Gorelick's statement that the coin-operated laundry machine has not increased prices over the years, noted that many operators have reduced drying End other time cycles as a means of increasing revenue. The Mayor asked if anyone else wished to address the Council. Larry Hilton, 1654 San Gabriel Avenue, Glendale, advised that he has a small amount of this equipment in Anaheim and changing to the gross- receipts basis would cost him more than the present procedure; however, he felt to them, as an association, the gross-receipts basis was a more fair form of taxation. Lloyd Prell, 8579 West Venice Boulevard, Los Angeles, representing M~rcury Coin Washer Service, stated that a gross-receipts basis would cost many members more tax dollars in some cities, but they still are in favor of such a system as being more fair; that if the per-machine basis was used in Los Angeles it would cost much more than the gross-receipts basis. Mr. Prell stated he is opposed to the present system of paying $1.00 per machine; that if more tax dollars are needed in Anaheim they should be obtained from all businesses on a fair basis. He added that he felt the tax on apartment house washing machines was unfair. Following brief Council discussion, Councilman Thom stated he would like more time to study tbe situation. By general Council consent, action on subject request was contin- ued to January 4, 1972. DINNER DANCING PLACE PERMIT: Application filed by Richard T. Darling, for a dinner dancing place permit to allow dancing nightly from 7:00 P.M. to 2:00 A.M., at Granada Inn Restaurant, 2383 West Lincoln Avenue, was submitted and granted, subject to provisions of Chapter 4.16 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Roth, seconded by Councilman Stephenson. MOTION CARRIED. AMUSEMENT DEVICES PERMIT: Application filed by Myron K. Nakao, for amusement devices permit to allow one Baseball, ~rag Racer, 1,000,000 B.C., Paddock and Royal Guard game machine at the Super Slide No. 1, 2535 West Lincoln Avenue, was submitted and granted, subject to provisions of Chapter 3.24 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Stephenson, seconded by Councilman Pebley. MOTION CARRIED. PUBLIC DANCE PERMIT: Application filed by Barbara A. Hoisington, on behalf of the Mother's Guild of St. Boniface School, for permit to conduct public dance on December 31, 1971, at 500 East Chartres Street, was submitted and granted, subject to provisions of Chapter 4.16 of the Anaheim Municipal Code, provided two security officers are hired to police the dance, as recommended by the Chief of Police, on motion by Councilman Roth, seconded by Councilman Thom. MOTION CARRIED. WAIVER OF PUBLIC DANCE FILING FEE - ST. BONIFACE MOTHER'S GUILD: On motion by Councilman Stephenson, seconded by Councilman Thom, $25.00 permit fee for the December 31, 1971 public dance, to be held by St. Boniface Mother's Guild was waived. MOTION CARRIED. 71-756 City Hall, Anaheim, California - COUNCIL MINUTES - December 21, 1971, 1:30 P.M, .~INAL MAP, TRACT NO. 5222: Developer - Long Beach Construction Company of Long Beach. Property located on the east side of Tustin Avenue, south of River- dale Avenue and contains 2 R-2 zoned lots. Report of the City Engineer was submitted recommending approval and advising that said final map conforms substantially with the tentative map previously approved; that bond has been forwarded to the City Attorney for approval and required fees paid. Zoning Supervisor Charles Roberts advised that at the City Plan- ning Commission meeting a week earlier a proposal was submitted to rename a portion of Old Santa Aha Canyon Road to Riverport Road, which is the name subdivider of subject tract has on his plans. However, at this meeting, the owner of the apartment houses on Merrimac Drive objected to this name on the basis that it would'cause confusion because of the close proximity of Rtverdale Avenue. Discussions between the Development Services Depart- ment staff and the parties involved have failed to effect an agreement on a name. John Mullen, Long Beach Construction Company, Developer, stated they had submitted alternatives to the staff this morning and had understood agreement had been reached on a name. Mr. Roberts advised that two alternate names suggested were Valley Forge Drive and Donner Pass Road; that the development is called Americana I, and the developer had wanted the street name to be in keeping with the theme of the development name. The City Attorney advised the City Council has the right to name or change the name of any street it desires. On motion by Councilman Roth, seconded by Councilman Stephenson, Final Map, Tract No. 5222 was approved, subject to approval of required bond by the City Attorney and further subject to naming that portion of Old Santa Ana Canyon Road involved, Valley Forge Drive. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held November 29, 1971, pertaining to the following ap- plications were submitted for City Council information and consideration: VARIANCE NO. 2274: Submitted by William T. Phillips and Darwin Stanley, to construct a warehouse on C-2 zoned property located on the north side of Manchester Avenue, northeast of Lincoln Avenue; further described as 246 North Manchester Avenue, with waiver of: a. Permitted uses in the C-2 Zone. The City Planning Commission, pursuant to Resolution"No. PC71-230, granted said variance, subject to conditions. VARIANCE NO. 2308: Submitted by Roy E. and Eleanor V. Glantzer, to legalize an existing room addition on R-1 zoned property located on the east side of Roanne Place, north of Rainbow Avenue, with waivers of: a. Maximum rear yard coverage. b. Minimum rear yard. The City Planning Commission, pursuant to Resolution No. PC71-229, granted said variance, subject to conditions. VARIANCE NO. 2309: Submitted by Elwood F. Johnson, to permit erection of a free-standing sign on C-1 zoned property located at the southeast corner of Westchester Drive and Lincoln Avenue, with waivers of: a. Aggregate area of signs. b. Maximum number of free-standing signs. c. Minimum distance between free-standing and roof signs. 71-757 City Hall, Anaheim, California - COUNCIL MINUTES - December 21, 1971, 1:30 P.M The City Planning Commission, pursuant to Resolution No. PC71-231, denied said variance. CONDITIONAL USE PERMIT NO. 1273: Submitted by Koll Income Properties, Inc., to establish a clinic for hemo-dialysis, including treatment, training, re- search, and development in an existing building M-1 zoned property located at the northeast corner of State College Boulevard and Cerritos Avenue. The City Planning Commission, pursuant to Resolution No. PC71-228, granted said conditional use permit, subject to conditions. CONDITIONAL USE PERMIT NO. 1278: Submitted by William Visser, to operate a privately-owned bumper car ride on C-2 zoned property located at the north- east corner of Lincoln Avenue and Citron Street, with waiver of: a. Minimum required parking area. The City Planning Commission, pursuant to Resolution No. PC71-232, denied said conditional use permit. 1072 CONDITIONAL USE PERMIT NO.R~I~. Submitted by T.N. Bristow, Greyhound Travel Bureau, requesting a one-year extension of time to permit the continued use of the property for a bus depot. R-A zoned property, located at the southeast corner of Haster Street and Manchester Avenue. The City Planning Commission, by Motion, granted a one-year extension of time to said conditional use permit, to expire November 4, 1972. CONDITIONAL USE PERMIT NO. 1268: Submitted by Lynn Thomsen, requesting wai- ver of Condition No. 1 of Resolution No. PC71-206, requiring street lighting installation for the expansion of an existing educational institution on R-A zoned property located on the north side of La Palma Avenue, west of Onondaga Avenue. The City Planning Commission, by Motion, denied the request for waiver of Condition No. 1 of City Planning Commission Resolution No. PC71- 206, granting said conditional use permit. The foregoing actions were reviewed by the City Council, and no further action taken. TENTATIVE MAPS - TRACTS NOS. 7657, 7658 AND 7659: Developer - Westfield Company. Property located at the southeast corner of the Artesia Freeway and Dale Ave- nue and contains: Tentative Tract No. 7657 - 62 proposed R-2 zoned lots. Tentative Tract No. 7658 - 66 proposed R-2 zoned lots. Tentative Tract No. 7659 - 61 proposed R-2 zoned lots. The City Planning Commission, at its meeting held December 13, 1971, recommended approval of said tracts in conjunction with their approval of Re- classification No. 71-72-20 and Conditional Use Permit No. 1277. On motion by Councilman Pebley, seconded by Councilman Roth, action on Tentative Maps, Tracts Nos. 7657, 7658, and 7659 was continued to be con- sidered in conjunction with Reclassification No. 71-72-20 and Conditional Use Permit No. 1277. MOTION CARRIED. TENTATIVE MAP - TRACT NO. 7417, REVISION NO. 3: Ovalers - R. Spehar and J. Liberio. Property located south of Esperanza Road, north of La Palma Avenue, east of Imperial Highway, containing 90 proposed R-2-5,000 zoned lots. The City Planning Commission, at its meeting held December 13, 1971, approved said tentative map, subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 7417, Revision No. 3, is granted subject to the completion of Reclassification No. 70-71-25, now pending. 71-758 City ~all, Anaheim, California - COUNCIL MIN~£ES - December 21, 1971~ 1:30 P.M. 2. That should this subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative form for approval. 3. That in accordance with City Council policy, a 6-foot masonry wall shall be constructed on the south property line separating Lot Nos. 70 through 90 and La Palma Avenue. Reasonable landscaping, including irriga- tion facilities, shall be installed in the uncemented portion of the arter- ial highway parkway the full distance of said wall, plans for said landscao- ing to be submitted to and subject to the approval of the Superintendent of Parkway Maintenance. Following installation and acceptance, the City of Anaheim shall assume the responsibility for maintenance of said landscaping. 4. That all lots within this tract shall be served by underground utilities. 5. Th~at a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 6. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 7. That the owners 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 build- ing permit is issued. 8. That the vehicular access rights to La Palma Avenue shall be dedicated to the City of Anaheim. 9. That drainage of Tentative Map of Tract No. 7417, Revision No. 3, shall be disposed of in a manner that is satisfactory to the City Engin- eer. 10. That the developer shall obtain a favorable flood hazard let- ter, acceptable to the City of Anaheim, from the Orange County Flood Control District. 11. That the City Council reserves the right to delete or amend the assumption of landscape maintenance in the event Council policy changes. 12. That grading~ excavation and all other construction activities shall be conducted in such a manner as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water runoff originating from or flowing through this project. 13. That all buildings proposed shall have a minimum 50-foot set- back from the property line adjacent to La Palma Avenue. The City Manager noted that a small portion of subject tract was located in the area projected to be affected by a 100-year flood. In reply to Council questioning, Zoning Supervisor Charles Roberts advised that subject tract alignment corresponds with the alignment of La Palma Avenue as set by the County in its Yorba Park proposal. Councilman Dutton expressed the opinion a determination should be made, prior to action on these tracts, as to whether a favorable flood let- ter condition should be based on a 100-year flood or a 70 to 100-year flood, since H.G. Osborne,of the Orange County Flood Control District, had advised at a recent review of the Corps of Engineers Flood Plain Report, that completion of work under way at present on the Flood Control Channel would make the area safe for a 70 to 100-year flood. Councilman Ruth stated he believed the 100-year flood base should be retained and the requir~.~m~t of a fav~ab~,~ f~ood hazard letter should state that figure~ Councilman .gteph~:;n ".,izi;~+..:' >~ did not want to set any definite base; that the flood hazard letter requirement criteria should be left to professional engineers and~. s~nce ,~ ?ott:~r~ fron~ the Corps of Engineers, had stated that under existing coz~ditic'ns it would be hazardous to build homes in the area should a f~,u~ ~,,.:.cu~ h~ ,'lid not believe subject tract should be approved. MOTION: Councilman Stephenson the~eupon zw-~,'~ to deny said tentative tract. Councilman Thom seconded the motfon. T,~ t~:i,~ motion Councilman Dutton voted "No." MOTION CARRIED, 71-759 .~ity Hall, Anaheim, California - COUNCIL MINUTES - December 21, 1971, 1:30 P.M. The City Manager advised that denying these tracts on this basis would mean no tentative tract maps would be considered in the Canyon area; approval of the tract maps incorporating conditions recommended by the City Planning Commission would carry out the intent previously expressed by the Council. MOTION: Following Council discussion, Councilman Stephenson moved to rescind the foregoing motion. Councilman Thom seconded the recision. MOTION CARRIED. MOTION: Councilman Stephenson offered a motion to defer action on Subject tracts for four weeks. Councilman Thom seconded the motion. The City Attorney advised that in order to continue action on a tentative tract, approval must be obtained from the Applicant, thus no action was taken on the foregoing motion. Mayor Dutton invited the Applicant to address the Council. James Liberio, 1720 West La Palma Avenue, Applicant, remarked that Mr. Osborne had stated that as soon as his options for the Yorba Regional Park property are all signed, he will provide a favorable 100-year flood let- ter. He added that most of subject property at the bottom of the Canyon is in the 100-year flood area, and the area above is in the 300-year criteria. He further stated that the dirt in one small corner of subject property will have to be reworked to qualify for a 100-year letter. Mr. Liberio also stated that La Palma Avenue is scheduled to be elevated, and thus there would be another dike provided. He stated that offers on this property have been withdrawn because of delays in approval, and contended the main issue was the proposed Yorba Park, rather than the flood hazard. Mr. Liberio reminded the Council that, even with approval of the tract maps, according to the recommended conditions no development could take place without a favorable flood hazard letter. He noted other tracts in the area which have been approved on the basis of a 100-year flood hazard letter. Following Council discussion, Councilman Pebley moved that Tenta- tive Map, Tract No. 7417, Revision No. 3 be approved, subject to the condi- tions recommended by the City Planning Commission. Councilman Roth seconded the motion. To this motion, Councilmen Stephenson and Thom voted "No." MOTION CARRIED. WORKSHOP, RE FLOOD HAZARD - SANTA ANA CANYON AREA: Councilman Roth requested a workshop be set up within the next 30 days or few weeks to get recommenda- tions of staff and discuss getting particular flood hazard criteria. Mr. Murdoch suggested that, since Mr. Osborne of the Orange County Flood Control District has indicated he would issue a flood letter favorable for a certain frequency, the "frequency" to be determined by the City, a draft of that proposed letter might be obtainable. Councilman Thom stated the matter of most concern to him is the degree of damage that could be done in the Canyon because of the velocity of flood waters as opposed to the flatland, and what the legal ramifications might be. Councilman Roth inquired ~.f the flood problem would be lessened after the County has acquired ali of the land necessary for the proposed Yorba Park. Mr. Murdoch replied tha~: probab!y ~i! c~f the area the County pro- posed to, purchase for Yorba Park lies w~thin the flood p]ain of the 100-year frequency flood, and thus removing ali of that land from buildab'le property reduces the flood hazard, ;~]though ft would have no effect on any of the other property. He added that with the warning ~ystem of today the entire Canyon area should be able to !~e ~'~,~c~at..~d w~.th very little chance of loss of life in the event of a flo~d~ 71-760 City Hall, Anaheim~ ..California - COUNCIL MINUTES - December 21, 1971, 1:30 P.M. Councilman Roth reiterated his request that a discussion be meeting be held so that criteria may be set. RECLASSIFICATION NO 71-72-17 - AMENDMENT: The City Clerk reported that Resolu- tion No. 71R-481, granting a Resolution of Intent to R-3 for property lo- cated on the southeast corner of Kraemer Boulevard and Orangethorpe Avenue, had some typographical errors and required amendment. The City Attorney, noting, that Councilman Thom had voted affir- matively on subject reclassification but had voted negatively on the cor- responding tract (No. 7684), inquired if it would be his intention to also now vote negatively on an amendment to the original resolution. Councilman Thom stated that, since he had changed his mind about the proposed use of that property, he would now vote negatively on an amend- ment to the Resolution. Mr. Geisler, upon determining that three Councilmen would vote negatively, recommended that the correcting resolution not be offered and no action taken on the issue. Discussion was held on the possibility of revoking the Resolution of Intent to reclassify subject property to the R-3 zone. Mr. Geisler was requested to investigate as to whether another public hearing would be necessary before such an action could be taken, and report at the next regular Council meeting. CLAIMS AGAINST THE CITY: The following claims were denied, as recommended by the City Attorney, and ordered referred to the insurance carrier on motion by Councilman Pebley, seconded by Councilman Roth: a. Claim filed by James E. Byrum, for purported personal property damage to his parked car when struck by an Anaheim Police Department vehicle, on or about November 21 1971. b. Claim filed Anthony J. Vulin, H.F. Ahmanson & Company, on be- half of Eleanor Izzi, for purported personal property damage to her pool fil- ter as a result of a casualty caused by the City, (no further details given), on or about September 12, 1971. c. Claim filed by Mrs. A. Wynant, for purported personal property damages sustained as result of sewer line backing up because of roots of a City parkway tree, on or about December 5, 1971. d. Claim filed by Mrs. Theresa Gebelin, for purported personal pro- perty damages sustained when her window was broken and drapes damaged by a golf ball from the City Golf Course, on or about "Saturday, November 29, 1971." e. Claim filed by Joe L. Montoya, for purported personal property damage sustained as result of collision with a City vehicle, on or about No- vember 15, 1971. f. Claim filed by Mrs. Bertha S. Lanz, for purported personal in- juries sustained as result of slipping on a wet sidewalk in a City Park, on or about September 9, 1971. g. .Claim fi!ed by ~!~me~ C. Sikes~ General Manager, Jadlo Construc- tion Company~ for p,~rpor~ed per~o~a~ lm~s sustained as result of Anaheim Po- iic~ Departmen~ ~ .... h~. -l~ ~ ~ ~md ed, on or about November 30, 1971. h. Cici~ f! i:;~i by ~l~:~'i,~,- '?. ?eiman, for purported personal pro- perry damages sustained ,~; ~-~a~It: ~:~ ent~.~;ing Convention Center parking lot the wrong war, t}'lel'eb',~ *:,,s[~i~i~ ~2~:ml~l}l: !~, !](nrt? tires, on or about November i. Claim f~ ted b-z !~all Knott;~ for pt, rported personal property dam- ages sustained as result of ~li:'~t¥ ~ruck ba,itiCi!llg into her car, on or about De- cember 9, 1971. ). Claim f'fied by lewis ii. K~ep,~ .Ir.. for purported personal injur- ~ ....... ,.~,~ ,~ City vehicle, on or about November 5, 1971,, purported personal injuries sustained a~: re~.~l~ of bodily attack, false arrest and imprisonment by ~.,.ii~eim P~-,!ic~ Offi.~'e~s, on or about September 11, 1971. 71-761 ,City Hall, Anaheim, California - COUNCIL MINUTES - Dec-mher 21,_1~7~ 1:30 P.M. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Pebley, seconded by Councilman Thom: a. Financial and Operating Reports for the month of November,1971: Police Department Fire Department City Treasurer b. City of Vallejo - Resolution/Petition adopted at the 1971 An- nual Conference, League of'California Cities, Re: Federal Re- venue Sharing. MOTION CARRIED. CORRESPONDENCE - ANA~r~.IM PARKS AND RECREATION COMMISSION MINUTES~ NOVEMBER 18~ 1971: The City Manager noted that the November 18,1971 Minutes of the Parks and Recreation Commission had recommended a Charter Amendment to enable School Board representatives on the Parks and Recreation Commission to be non-resi- dents of Anaheim. Mr. Murdoch advised that although it is not a Charter requirement, it has been the practice of the Parks and Recreation Commission to include a representative of each School District on its Commission each time a new District is formed, and it has been difficult, at times, to get a member who is also a resident of the City of Anaheim. Following Council discussion, Council requested that Parks and Recreation Commission Chairman Glenn Fry be asked to attend the next regular Council meeting and address the Council on this subject. ORDINANCE NO..2997: Councilman Stephenson offered Ordinance No. 2997 for adop- tion. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (68-69-1(1) - C-O - Lot 8, Only) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 2997 duly passed and adopted. ORDINANCE NO. 2998: Councilman Thom offered Ordinance No. 2998 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4, CHAPTER 4.72, SECTION 4.72.090 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO TAXICABS. (Bond or In- surance Required - Terms - Council May Require Replacement.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 2998 duly passed and adopted. ORDINANCE NO. 2999: Councilman Roth offered Ordinance No. 2999 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-7 - R-3) 71-762 City Hall, Anaheim, California - COUNCIL MINUTES - December 21, 1971, 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNC IL~I~]N: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 2999 duly passed and adopted. RESOLUTION OF CONGRATULATIONS: The City Clerk reported that at the request of the City Council, a telegram of congratulations will be sent to Mr. and Mrs. Lon W. Butler of Anaheim, who will celebrate their 73rd Wedding Anniversary on December 25, 1971. PROJECTED TERM OF INTEREST - ELECTRICAL REVENUE BONDS: Councilman Thom read an excerpt of a letter received from William Daly regarding interest and a re- tired bonded indebtedness over a period of 30 years on the electrical bond issue, and enclosing schedules of 20, 25 and 30 years, at 6% interest. He stated he had not been under the impression a bonded retire- ment schedule was planned for 20, 25 or 30 years, but had believed a 10 to 15-year term was intended. Mr. Murdoch advised that the 20, 25 and 30-year schedules had been prepared by the bond financing firm the Council had engaged, and their recom- mendation probably would be one of those schedules. He added that he believed the Public Utilities Director's projections had been based on a 20 or 25-year term, although he had indicated a higher rate of interest than the bond firm. Following Council discussion, it was noted no action would be taken on any projected term of the bonds until after the Electrical Reve- nue Bond Special Election, January 18, 1972. DEATH OF ROY DISNEY: Mayor Dutton advised that a telegram had been sent to E. Cardon Walker, of Disneyland, expressing sympathy over the death of Roy Disney, reading as follows: "It was with profound sadness that we learned today of the pass- ing of Mr. Roy Disney. Those of us who knew and worked with this fine gen- tleman are keenly aware of the loss of a talented, sensitive and dedicated member of the Southern California community. Together with his brother, Walt, Roy Disney has left the mark of a master upon the nations of the world. Together they have left a legacy of confirmation that men can dwell together as brothers in an atmosphere of warmth, peace and love." ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Stephenson seconded the motion. MOTION CARRIED. Adjourned: 4:08 P.M. Signed ~-~ City Clerk