1974/04/0274-300
City Hall, Anaheima California - COUNCIL MINUTES -April 2, 1974,. 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
ABSENT: COUNCILMEN: None
PRESENT: CITY MANAGER: Keith A. Murdoch
CITY ATTORNEY: Alan R. Watts
CITY CLERK: Aloha M. Fattens
PUBLIC WORKS DIRECTOR: Thornton E. Piersall
CiTY ENGINEER: James P. Maddox
ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson
ZONING SUPERVISOR: Charles Roberts
TRAFFIC ENGINEER: Edward Granzow
Mayor Dutton called the meeting to order.
INVOCATION: Reverend Jack Troutman of the West Anaheim United Methodist
Church gave the Invocation.
FIAG SALUTE: Councilman W. J. Thom led the assembly in the Pledge of Allegiance
to the Flag.
PROCLAMATIONS: The following proclamation was issued by Mayor Dutton and
unanimously approved by the City Council:
'Waster Seal Time" - April 1 through 14, 1974.
PRESENTATION - RESOLUTION OF SUPPORT, CALIFORNIA ANGELS: Resolution of Support
unanimously adopted by the City Council at the meeting of March 26,
1974, was.presented to Mr. Dick Foster of the California Angels to-
gether with a C~fm, unity Service Award.
RESOLUTiON OF SUPPORT - GOOD FRIDAY BREAKFAST: Resolution of Support for the
7th Annual Good Friday Breakfast, 7:30 a.m., April 12, 1974, presented
by the Young Men's Christian Association at the Anaheim Convention
Center, was unanimously adopted by the City Council.
INTRODUCTION OF NEW EMPLOYEES: Mr. Frank Campagnoni of the City Personnel
Department introduced 6 new employees attending the Council meeting
as part of the City's orientation program, and these employees were
welcomed by the Mayor.
MINUTES: Minutes of the Anaheim City Council Regular Meeting held March 5, 1974,
were approvedon motion by Councilman Thom, seconded by Councilman Pebleyo
Because of absence, Councilman Sneegas abstained from voting on approval of
the Minutes of March 5, 1974. MOTION CARRIED.
WAIVER OF R~ADING - 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 reading of
the title, specific request is made by a Councilman for the reading of such
ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNANI-
MOUSLY CARRIED.
REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount
of $321,148.95, in accordance with the 1973-74 Budget, were approved.
PUBLIC HEARING - RECLASSIFICATION NO. 73-74-43, VARIANCE NO. 2579 AND ENVIRONMENTAL
IMPACT REPOKT EXEMPTION STATUS: Application by Elizabeth Hargrove for a change in
zone from C-3 to M-1 and the following Code waivers to establish a community
storage facility on the east side of Anaheim Boulevard, north of Katella Avenue,
was submitted together with application for Exemption Status from filing of an
envirom~ental impact report:
a. Minimum building setback.
b. Minimum landscaped setback.
c. Minimum required off-street parking.
74-301
City Hall, Anaheim~ California - COUNCIL MINUTES - April 2, 1974, 1:30 P.M.
The City Planning Commission, pursuant to Resolution No. PC74-56,
reco~,,ended subject project be declared Exempt from the requirement to prepare
an environmental impact report and further recommended approval of Reclassifica-
tion No. 73-74-43, subject to the following conditions:
1. That the alignment of the west property line, adjacent to Anaheim
Boulevard, shall be approved by the California Division of Highways.
2. That sidewalks shall be installed along Anahetm Boulevard as
required by the City Engineer and in accordance with standard plans and specifi-
cations on file in the office of the City Engineer.
3. That the owners of subject property shall pay to the City of
Anaheim the sum of $2.00 per front foot along Anaheim Boulevard for street
lighting purposes.
4. That the owners of subject property shall pay to the City of
Anaheim the sum of 60¢ per front foot along Anaheim Boulevard 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 charged as required and
determined to be necessary by the Chief of the Fire Department prior to commence-
ment of structural framing.
7. That subject property shall be served by underground utilities.
8. That drainage of subject property shall be disposed of in amanner
satisfactory to the City Engineer.
9. That a parcel map to record the approved division of subject prop-
erty shall be submitted to and approved by the City of Anaheim and then be
recorded in the office of the Orange County Recorder.
10. That completion of these reclassification proceedings is contin-
gent upon the granting of Variance No. 2579.
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 subject property shall be developed substantially in accor-
dance with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1, 2, and 3; provided, however, that development standards of the
M-1 Zone pertaining to minimum building setback and minimum landscaped setback
shall be adhered to.
13. Prior to the introduction of an ordinance rezoning subject prop-
erty, Condition Nos. 1, 3, and 4, above-mentioned, shall be completed. The
provisions or righ[s 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.
14. That Condition Nos. 2, 5, 7, 8, 9, 11, and 12, above-mentioned,
shall be complied with prior to final building and zoning inspections.
The City Planning Commission, pursuant to ResolUtion No. PC74-57,
rec~ended subject project be declared Exempt from the requirement to prepare
an environmental impact report and granted Variance No. 2579 in part only,
denying waivers "a" and "b", subject to the following conditions:
1. That this variance is granted subject to the completion of
Reclassification No. 73-74-43, now pending.
2. That subject property shall be developed substantially in accor-
dance with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1, 2, and 3; provided, however, that development standards of the
M-1 Zone pertaining to minimum building setback and minimum landscaped setback
shall be adhered to.
ENVIRONMENTAL LHPACT =. NEGATIVE DECLARATION: On motion by Councilman
Stephenson, seconded by Councilman Sneegas, the City Council finds and deter-
mines that this project will have no significant effect on the environment
and is exempt from the requirement to prepare an environmental impact report.
MOTION CARRIED.
Zoning Supervisor Roberts described the location of subject property
which is bounded by Anaheim Boulevard to the southwest and is immediately ad-
Jacent to the Santa Aha Freeway. The property is currently in the C-3 Zone
74-302
City Hall, Anaheim, California - COUNCIL MINUTES - April 2, 1974m !:30 P,M,
except for a small segment towards the northeast end which is in the M-1 Zone.
The Applicant requests that the entire property be placed in the M-1 Zone with
the express inten~ of developing a mini-warehouse complex.
Mr. Roberts indicated that since the proposed project is a storage
facility~ the City Planning Commission felt the waiver of required parking
spaces would be justified. Further, based on the fact that other industrial
properties under construction in the i~,uediate area have been required to ad-
here to the 50-foot setback along an arterial highway with 10-foot landscaping,
the City Planning Commission felt there was no justification for the requested
waivers of minimum building setback and minimum landscaped setback as proposed
by the Applicant.
Councilman Pebley inquired what the required setback would be if the
Applicant developed subject property to C-3 Site Development Standards to which
Mr. Roberts replied that the C-3 Zone has no setback requirement,and therefore
the Applicant could build up to the curb line~ however the type of use which
the Applicant is proposing is not permitted in the C-3 Zone.
Councilman Pebley asked what the Applicant had proposed for a setback
on his plans, to which Mr. Roberts replied that the plans indicate a 28-foot
setback from Anaheim Boulevard.
Councilman Sneegas observed that the 50-foot setback requirement
would allow the Applicant to use 40 feet of said setback for parking with
landscaping on the front 10 feet.
Mr. Roberts stated that Councilman Sneegas is correct, however the
majority of parking proposed according to the Applicant's plans would be located
in the interior of this development.
The plans' were reviewed at Council table. The Mayor asked if the
Applicant or his Agent were present and satisfied with the recommendations of
the City Planning Commission.
Mr. Bob Wendoff, 366 East 1st Street, Tustin, indicated that at the
Planning Commission hearing relative to these applications, there was very little
discussion pertaining to the required setback. He stated that due to the nature
of the project, a mini-warehouse facility, there would be no need for the extra
parking required since most of the customers would use the parking available
immediately in front of their rented space and no other business is proposed in
conjunctionwiththis facility.
Relative to the required 50-foot setback, Mr. Wendoff indicated that
they feel this is a hardship on this particular property because Anaheim Boule-
vard makes a curveat a 40-degree angle and this would place the facility further
back than ordinarily within a 50-foot setback. He described the adjacent prop-
erties,both north and south,along AnaheimBoulevard and the setbacks which they
currently maintain which range from 8 feet (Woods G.M.C. Dealer) to 30 feet
(Baggott's Chapel of the Bells Mortuary) which is all in blacktop except for
a 10-foot landscaped area in the right-of-way itself. Mr. Wendoff indicated
that subject property, being immediately north of the Mortuary, if developed
with a 50-foot setback would be completely behind everything else in the
area. He indicated that property to the north of subject parcel is a right-of-way
easement for Edison power lines on which there is an existing Christmas tree
operation, and the trees are planted to the property line. Consequently they
feel that there would be a hardship connected with the identity oft his property
if developed with a 50-foot setback and they request Council's consideration
of a 25- to 28-foot setback as shown on the plans submitted.
Mr. Roberts indicated, as a point of clarification, that some of the uses
described by Mr. Wendoff in the immediate area have been present for as long as
15 to 20 years and were developed to C-3 Zone Site Development Standards and ·
no front setback requirement was written into that Zone. He pointed out that
the Buzza-Cardoza Company has complied with the 50-foot front setback on their
existing structure and are complying on new construction.
The Mayor asked if anyone in opposition wished to address the Council;
there being no response, declared the hearing closed.
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City Hall~ Anaheim~ California - COUNCIL MINUTES -April 2~ 1974~ 1:30 P.M.
Councilman Pebley felt that the Applicant should be permitted waivers
"a" and "b" because of the location south of the Edison property which separates
subject parcel. He further felt that with the landscaping proposed by the
Applicant on his plan, this facility would not be detrimental to the area.
Councilman Thom offered the observation that this particular piece
of property because of its peculiar configuration on the curve does have a
hardship which makes the exemption from front setback requirements justifiable.
Councilman Dutton concurred, noting that it should be so indicated
in any resolution approving same that the Council does not wish this to be
construed as a change in standards for the M-1 Zone, but that the Applicant
has an exceptional piece of property on which a hardship has been demonstrated
if the entire 50-foot setback along Anaheim Boulevard is required.
R~SOLUTION NO. 74R-135: Councilman Pebley offered Resolution No. 74R-135 for
adoption, authorizing the preparation of the necessary ordinance, changing the
zone as requested, subject to Condition Nos° 1 through 9, as recc~-.~ended by the
City Planning Co~nission and set forth above and further subject to the follow-
ing conditions,as amended by the City Council:
10. 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.
11. That subject property shall be developed substantially in accor-
dance with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1, 2, and 3.
12. Prior to the introduction of an ordinance rezoning subject prop-
erty, Condition Nos. 1, 3, and 4, 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.
13. That Condition Nos. 2, 5, 7, 8, 9, and 11, above-mentioned, shall
be complied with prior to final building and zoning inspections.
Refer to Resolution Book.
A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER-
MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD
BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED.
(73-74-43 - M-I)
Roll Call Vote:
AYES: COUNCIIMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COb-NCII/~N: None
The Mayor declared Resolution No. 74R-135 duly passed and adopted.
RESOLUTION NO. 74R-136:., Councilman Pebley offered Resolution No. 74R-136 for
adoption, granting Variance No. 2579, waivers "a", "b" and "c", in accordance
with Exhibit Nos. 1, 2, and 3, on file, on the basis that the unusual configur-
ation of the property constitutes a hardship, subject to the conditions recom-
mended by the City Planning Commission with the following amendment to Condi-
tion No. 2;
2. That subject property shall be developed, substantially in accor-
dance with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1, 2, and 3.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE
NO. 2579.
Roll Call Vote:
AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Mayor declared Resolution No. 74R-136 duly passed and adopted°
PUBLIC ~ARING - RECLASSIFICATION NO. 73-74-44 (TENTATIVE TRACT NO~ 8340): Submitted
by Casa Emperado, Ltd., for a change in zone from R-A to R-2, to convert an
existing apartment complex into a 74-unit, 75-1ot, air space condominium on
the north side of Katella Avenue, west of Nutwood Street.
74 -304
City Hall, Anahei~lI California = COUNCIL MINUTES = April 2~ 1974~ 1:30 P,M,
The City Planning Commission, pursuant to Resolution No. PC74-50,
advised that the Director of Development Services has determined that the pro-
posed activity falls within the definition of Section 3.01, Class No. 1, of
the City of Anaheim Guidelines to the requirements for Environmental Impact
Reports and is therefore categorically exempt from the requirement to file same.
Said Planning Co~nission resolution further recommends approval of Reclassifica-
tion No. 73-74-44, 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. Prior to the introduction of an ordinance rezoning subject prop-
erty, Condition No. 1, 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.
3. That subject property shall be developed substantially in accor-
dance with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1, 2, 3, 4, and 5; provided, however, that the internal vehicular
accessways shall be one-way throughout the development, with parking to be
provided on one side only of said one-way streets and with no parking in the
alleyways, as stipulated to by the petitioner; and, further, that the curb
section on the side away from the center median of the interior streets shall
be deleted and pavement of interior streets shall comply with the structural
section requirement of the City Engineer.
ENVIRQ~TAL IMPACT - CATE~ORIGALEXEMPTION: On motion by Councilman Pebley,
seconded by Councilman Sneegas, the City Council ratified the determination
of the Director of Development Services that the proposed activity falls within
the definition of Section 3.01, Class No. 1, of the City of Anaheim Guidelines
to the requirements for an environmental impact report and is therefore cate-
gorically exempt from the requirement to file said report. MOTION CARRIED.
Zoning Supervisor Roberts briefly described the location of subject
property which consists of a 13-to 14-acre parcel upon which is ,developed the
Casa Emperador which is one of the oldest planned residential developments in
the City, having been approved in 1962. The Applicant is proposing to convert
this development from a rental situation to an ownership situation where the
air space within the building would be sold. There are 74 units within the
development and the remaining one lot is proposed to be held in common by the
homeowner's association.
Mr. Roberts reported that the lot coverage of the project is 23% and
the density 5~84 dwelling units per acre. In connection with this application,
the Applicants propose to provide additional parking on the site to bring park-
ing up to what is required for planned residential developments -2~ spaces per unit,
The Mayor asked if the Applicant or his Agent were present and in
agreement with the recommendations of the City Planning Co~issiou.
Mr. LeRoy Rose, 1440 South State College Boulevard, advised that they
are completely in accord with the Planning Commission recou~nendations.
The Mayor asked if anyone wished to address the Council either in
favor or in opposition to the proposed reclassification, there being no response,
declared the hearing closed.
RESOLUTION NO. 74R-137: Councilman Sneegas offered Resolution No. 74R-137 for
adoption, authorizing the preparation of the necessary ordinance, changing the zone
as requested, subject to the conditions recommended by the City Planning Commission.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIHFINDING AND DETER-
MINING TFAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE REIATING TO ZONING SHOULD
BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD.BE CHANGED.
(73-74-44 - R-2)
Roll Call Vote:
AYES: COUNCII//EN: Stephenson, Sneegas, Pebley, Thom and Dutton
NOES: COUNCIIHEN: None
ABSENT: COUNCIIHEN: None
The Mayor declared Resolution No. 74R-137 duly passed and adopted.
74-305
City Ball, Anaheim~ California - COUNCIL MINUTES - April 2, 1974, 1:30 P.M.
TENTATIVE MAP, TRACT NO.. 8340 (RECLASSIFICATION NO. 73-74-44}: Developer,
Rainbow Pacific, Inc.; property located on the north side of Katella Avenue,
west of Nut-wood Street; containing 74 apartment units for conversion into a
75-1ot air space condominium.
The City Planning Commission, at their meeting held March 4, 1974,
approved said tentative map, subject.to the following conditions:
1. That the approval of' Tentative Map of Tract No. 8340 is granted
subject to the approval of Reclassification No. 73-74-44.
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 a final tract map of subject property shall be submitted to
and approved by the City Council and then be recorded in the office of the
Orange County Recorder.
4. That the covenants, conditions, and restrictions shall be sub-
mitted to and approved by the City Attorney's Office prior to City Council
approval of the final tract map, and, further, that the approved covenants,
conditions, and restrictions shall be recorded concurrently with the final
tract map.
5. That the drainage of subject property shall be disposed of in a
manner that is satisfactory to the City Engineer.
6. That prior to filing the final tract map, the applicant shall
submit to the City Attorney for approval or denial a complete synopsis of the
proposed functioning of the operating corporation, including but not limited
to the articles of incorporation bylaws, proposed methods of management, bond-
ing to insure maintenance of common property and buildings, and such other
information as the City Attorney may desire to protect the City, its citizens,
and the purchasers of the project.
7~ That the internal private vehicular accessways shall be brought
up to the minimum standards of the City of Anaheim for private streets and as
'required by the City Engineer.
On motion by Councilman Sneegas, seconded by Councilman Stephenson,
Tentative Map, Tract No. 8340was approved, subject to the recommendations of
the City Planning Commission. MOTION CARRIED.
· PUB.~C HF~kRING - RECIASSIFICATIONNO. 73-74-47 AND ENVIRO~NTAL IMPACT REPORT
E~MMPTION STATUS: Application by James Emi, et al, for a change in zone from R-A
to R-3 on the south side of Ball Road, east of Palm Way, southeast corner of
Ball Road and Palm Way, was submitted together with application for Exemption
Status from the requirement to file an environmental impact report.
The City Planning Commission, pursuant to Resolution No. PC74-51,
recommended that subject project be declared exempt from the requirement to
prepare an environmental impact report and further recommended approval of said
reclassification, subject to the following conditions:
1. That the owners of subject property shall deed to the City of
Anaheim a strip of land 53 feet in width from the centerline of the street
along Ball Road for street widening purposes.
2. That all engineering requirements of the City of Anaheim, along
Ball Road and Palm Way including preparation of improvement plans and install-
ation of all improvements such as curbs and gutters, sidewalks, street grading
and paving, drainage facilities, or other appurtenant work shall be complied
with as required by the City Engineer and in accordance with standard plans
and specifications on file in the office of the City Engineer; that street
lighting facilities along Ball Road and Palm Way 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 re-
quirements.
3. That the owners of subject property shall pay to the City of
Anaheim the sum of 60¢ per front foot along Ball Road and Palm Way for tree
planting purposes.
4. That trash storage areas shall be provided in accordance with
approved plans on file with the office of the Director of Public Works.
5. That fire hydrants shall be installed and charged as required
and determined to be necessary.by the Chief of the Fire Department prior to
co.~encement of structural framing.
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City ~11, Anaheim, California - COUNCIL MINUTES - April 2, !974,.~:30 ~.M..
6. That all air conditioning facilities shall be properly shielded
from view, and the sound buffered from adjacent properties.
7. That subject property shall be served by underground utilities.
8. That drainage of subject property shall be disposed of in a
manner satisfactory to the City Engineer.
9. 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, s&~d fees to be paid at the time the building
permit is issued.
10. That subject property shall be developed substantially in accor-
dance with plans and specifications on file with the City of Anaheimmarked
Exhibit Nos. 1, 2, 3, 4, 5, and 6.
11. Prior to the introduction of an ordinance rezoning subject prop-
erty, 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 may grant.
12. That Condition Nos. 4, 6, 7, 8, and 10, above-mentioned, shall
be complied with prior to final building and zoning inspections.
ENVIRONMENTAL IMPACT NEGATIVE DECIARATION: On motion by Councilman Sneegas,
seconded by Councilman Pebley, the City Council finds that this project will
have no significant effect on the environment and is exempt from the requirement
to prepare an environmental impact report. MOTION CARRIED.
Zoning Supervisor Roberts described the location of subject property
and the surrounding zoning and land uses, advising that property to the north,
east and west is already in the R-3 Zone. He reported that the Applicant is
requesting reclassification to the R-3 Zone with the express intent of construc-
ting a 36-unit, two-story apartment complex. The plans indicate that 45 parking
spaces would be located in a subterranean parking lot and an additional 9 spaces
on top of this garage, for a total of 54 parking spaces. No waivers from Site
Development Standards were requested°
Councilman Dutton inquired whether the problems regarding sprinklers
be installed for the subterranean garage and locationofmeters have been resolved.
Mr. Roberts replied that the Fire Department was concerned about the
underground parking structure and has advised that this would have to meet Fire
Codes which could involve the installation of a sprinkler system.
The Mayor asked if the Applicant or his Agent were present and satis-
fied with the reco~endations of the City Planning Commission.
Mr. Jim Soules, 1015 East Chapman Avenue, Fullerton, Agent for the
Applicant, advised that they are in agreement with the rec~]~Lendattons of the
City Planning Commission and that the plans for fire sprinklers have already
been approved by Building and Safety Division and the location of meters has
been resolved.
The Mayor asked if anyone either in favor or in opposition wished to
address the Council, there being no response, declared the hearing closed.
Mr. Roberts advised that should Council approve subject reclassifica-
tion, it would be in order to amend Condition No. 2, therebyremoving the
requirement for off-site improvements along Ball Road since an agreement has
already been entered into which adequately covers the street improvements accor-
ding to the City Engineer, making said requirement applicable to Palm Way only.
RESOLq~IQN .NO, 74Rr13~: Councilman Stephenson offered Resolution No. 74R-138
for adoption, authorizing the preparation of the necessary ordinance, changing
the zone asrequested, subject to the conditions rec~m,~ended by the City Plan-
ning Commission, with amendment to Condition No. 2, removing the requirement for
installing street improvements (with the exception of street lighting facilities)
along Ball Road.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER-
MINING THAT'TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD
BE AMENDED AND T~AT THE ~OUNDA~IES OF CERTAIN ZONES S~OU~D BE ¢~ANGED.
(73-74-47 - R-3)
74-307
CityL Hall, Anaheim, California - COUNCIL MINUTES April 2, !974~ 1:30 P.M.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 74R-138 duly passed and adopted.
PUBLIC _~A~_!NG - RECLASSIFICATION NO. 73-74-48~ CONDITIONAL ~SE PERMIT NO. 1456
AND"'~NVIROI~ENTAL /~PACT REPORT EX~M/~'ION STATUS: Application by Freeway Co~,~,er-
cial Properties, Inc., for a change in zone from R-A to C-1 and the following
Code waivers to establish a drive-in and walk-up restaurant on the northwest
corner of Katella Way and Manchester Avenue, was submitted together with appli-
cation for Exemption Status from the requirement to file an environmental im-
pact report:
a. Minimum landscaped area.
b. Maximumnumber of free-standing signs.
c. Maximum height of free-standing sign.
d. Location of free-standing sign.
e. Minimum distance between signs.
The City Planning Con~ntssion, pursuant to Resolution No. PC74-54,
recon~nended that the project be declared exempt from the requirement to prepare
an environmental impact report and further recommended that Reclassification
No. 73-74-48 be approved, subject to the following conditions:
1. That all engineering requirements of the City of Anaheim along
Katella Way_and Manchester Avenue, including preparation of improvement plans
and installation of all improvements such as curbs and gutters, sidewalks,
street grading and paving, drainage facilities, or other appurtenant work shall
be complied with as required by the City Engineer and in accordance with stan-
dard plans and specifications on file in the office of the City Engineer; that
street lighting facilities alone Katella Way and Manchester 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.
2. That sidewalks shall be installed along Katella Avenue as re-
quired by the City Engineer and in accordance with standard plans and specifi-
cations on file in the office of the City Engineer°
3. That driveways shall be removed and/or reconstructed alone
Katella Avenue as required by the City Engineer and in accordance with standard
plans and specifications on file in the office of the City Engineer.
4. That the owner of subject property shall' pay to the City of
Anaheim the sum of 60¢ per front foot along Katella Way and Manchester Avenue
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 charged as required
and determined to be necessary by the Chief of the Fire Department prior to
commencement of structural framing.
7. That all air-conditioning facilities shall be properly shielded
from view and the sound buffered from adjacent properties.
8. That subject property shall be served by underground utilities.
9. That drainage of subject property shall be disposed of in a
manner satisfactory to the City Engineer.
10. That completion of these reclassification proceedings is con-
tingent upon the granting of Conditional Use Permit No. 1456.
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 subject property shall be developed substantially in accor-
dance with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1, 2, 3, 4, 5, 6, 7, 8, and 9; provided, however, that the easterly
driveway providing access to Manchester Avenue shall be eliminated, and that
signing shall not exceed 60-feet in height.
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City Hall~ Anaheim, California - COUNCIL MINUTES - April 2~ 1974~ 1..:3. q P.M.
13. Prior to the introduction of an ordinance rezoning subject prop-
erty, Condition Nos. 1 and 4, above-mentioned, shall be completed. The pro-
visions 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.
14. That Condition Nos. 2, 3, 5, 7, 8, 9 and 12, above-mentioned,
shall be complied with prior to final building and zoning inspections.
The City Planning Commission, pursuant to Resolution No. PC74-55,
recommended that the project be declared exempt from the requirement to prepare
an environmental impact report and further granted Conditional Use Permit No.
1456, i~ part, granting waivers "a", "b", "d" and "e" and waiver "c" in part
only, subject to the following conditions:
1. That this conditional use permit is granted subject to the com-
pletion of Reclassification No. 73-74-48.
2. That subject property shall be developed substantially in accor-
dance with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1, 2, 3, 4, 5, 6, 7, 8, and 9; provided, however, that the easterly
driveway providing access to Manchester Avenue shall be eliminated, and that
the signing shall not exceed 60 feet in height.
ENVIROnmENTAL IMPACT NEGATIVE DECIARATION: On motion by Councilman Stephenson,
seconded by Councilman Sneegas, the City Council finds that this project will
have no significant effect on the environment and is exempt from the requirement
to prepare an environmental impact report. MOTION CARRIED.
Zoning Supervisor Roberts described the location of the property
bounded on the north by Katella Avenue where it proceeds over the Santa Aha
Freeway, to the east by Manchester Avenue,and to the south by Katella Way. He
reported that the Applicants are requesting a change in zone from R-A to C-1 for
development of a walk-up, drive-through type of restaurant.
Mr. Roberts explained that the property is currently in the R-A Zone,
but that a resolution of intent to C-R has been adopted in conjunction with the
property. There are other parcels within the immediate area which have been
placed in the C-1 Zone. Mr. Roberts outlined the requested waivers from Site
Development Standards and the Applicant's reasons for requesting same.
Mr. Roberts reported that when the Planning Commission considered the
reclassification and Code waivers requested, they granted waiver "b" on the
basis that the proposed signing would be for development of the entire parcel
and granted waiver "c" in part only, determining that a 60-foot sign would ade-
quately advertise the property, (a 70-foot sign requested) noting the property
immediately adjacent and across the street was permitted a 60-foot sign.
The Mayor asked if the Applicant or his Agent were present and satis-
fied with the rec~endations of the City Planning Commission.
Mr. Dave Garrison, Chief Project Coordinator, Carl's Jr. Restaurants,
indicated he would like some clarification regarding Condition No. 3 of City
Planning Commission Resolution No. PC74-54, specifically according to c~m~,unica-
tion he had with the Engineering Division, he understands the words "removed
and/or" should be deleted from this condition so that it better relates that
this is a request for reconstruction of a driveway damaged by large trucks and
not a relocation. Further in connection with Condition No. 2 of this same
resolution, he advised that a letter has been forwarded to the City Engineer
/
asking for a temporary sidewalkwaiver for Katella Avenue due to the fact that
this relates to the steep up-grade portion to the Katella oVercrossing.
With respect to Condition No. 7 which addresses itself to shielding
and buffering of air conditioning facilities, Mr. Garrison requested clarifica-
tion as to whether or not this would include shielding from visual intrusion
from the Katella overcrossing which is 17 feet above the grade level of subject
property.
Councilman Sneegas suggested in reference to Condition No. 7, that
the word"private"might be inserted so that the condition requires.that the view
be properly shielded and sound buffered from adjacent private propertias.
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City Hall, Anah~etm, California - COUNCIL MINUTES -April 2,. 1974, 1:30 P,M,
Mr. Roberts interjected that the Planning Commission did intend that
the equipment was to be screened from view of passenger traffic on the Katella
overcrossing of the Santa Aha Freeway. He pointed out that in recent Santa
Ama Canyon projects commercial developers have been required to screen from
view any equipment placed on the top of commercial buildings and it was the
intent of the Planning Commission to require such screening in this instance.
Councilman Sneegas felt it would be difficult to design such a screen-
lng'device for use on a restaurant, which of necessity has many vents and
ducts.
Councilman Pebley pointed out that from the Katella overcrossing
there are many other existing buildings whose roof-mounted air conditioning
appurtenances are visible and that it would be,in his opinion,unfair to require
one individual in this area to comply with this requirement when the other
commercial developments have not been made to do so.
Councilman Thom inquired whether or not the co~nercial properties
in the canyon area referred to by Mr. Roberts were in the Scenic Corridor Zone,
to which Mr. Roberts answered affirmatively.
Mr. Roberts added that the Scenic Corridor Zone does prohibit roof-
mounted equipment, however due to many requests and complaints of hardship the
Planning Commission has permitted roof-mounted equipment provided that such
equipment is properly shielded from view and sound buffered.
Councilman Sneegas stated that he felt there is considerable differ-
ence in a residential home overlooking a commercial establishment in the canyon
and the view from the Katella overcrossing for people driving through an
industrial-freeway area.
Councilman Pebley noted that it is perhaps plausible to impose such
a requirement in the development of a new area but that he felt it to be
unrealistic to require same of one developer in an area already developed with-
out such requirement.
Mr. Garrison stated that Carl's Jr. does screen their equipment with
parapet walls and does not anticipate any problem with sight screen or sound
buffering from adjacemt properties but questions the possibility of screening
equipment from view of the Katella overcrossing.
Councilman Sneegas voiced the opinion that it must be taken into
consideration that all visual intrusion from commercial operations cannot be
screened completely but that certainly the best efforts should be put forth.
towards this objective, however he commented he has never seen a Carl's Jr.
Restaurant whose appearance was detrimental in any way.
Mr. Garrison's next point was in reference to future dedication of
15 feet for street improvement along Manchester Avenue and he remarked that it
appears this plot plan is in error where it indicates such dedication is re-
quired. He submitted aerial photographs of the property to illustrate his
position. Mr. Garrison stated that such dedication would not accomplish any-
thing except to allow for free right turns, however that if such dedication
were acquired,it would abut into a concrete bridge abutxnent. He also noted
that subject property was acquired one and one-half years ago by Freeway Prop-
erties from the City at which time no mention of any dedication was madeo
Mr. Maddox stated that there is no need for an additional 15 feet on
Manchester, that the City has 30 feet which is all that it needed. Since there
are no plans for widening the street,there is no additional dedication require-
merit on Manchester.
Mr. Garrison requested then that the conditions of the resolutions
affecting subject property be amended to indicate that such dedication is not
a requirement.
Mr. Garrison mentioned in regard to the City Planning Commission's
concern about access denial on subject property that the plans submitted
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City Hall, Anaheim, California - COUNCIL MINUTES -April 2., 1974, 1~:30
include "escape routes" for their own customers,and they feel that deletion of
any of the access points would inhibit the free flow of traffic which they have
tried to incorporate in the plan.
Councilman Sneegas felt that perhaps the use of the driveway indicated
at the extreme western end of the property would prove to be a traffic hazard.
Mr. Garrison remarked that they do not think that this would be the
case since it is behind a controlled intersection with a traffic light and ad-
vised that it is an added plus for development of the property to be able to
take access onto and off of Katella. Further he pointed out in the aerial
photos that there is extra square footage at this particular point which would
enable cars to remain in the right lane without interfering with the flow of
traffic.
The Mayor asked if anyone in opposition wished to address the Council.
Mr. Clarence Meddock, owner of the Satellite Shopping Center on the
south side of Katella Way, stated that he would be opposed to this development
until such time as the traffic problems on Mountain View and Katella Way can
be corrected. He explained some of the access problems currently experienced
by patrons of his shopping center and introduced Mr. Edward Rozack of J. H. K.
and Associates, 1617 East 17th Street, Santa Aha, which firm he had employed
to conduct a traffic survey of the area.
Mr. Rozack reported on the results of a study of the traffic situa-
tion at Mountain View, Manchester, Katella Way and the Santa Aha Freeway which
included a review of the Applicant's plot plan to determine the amount of traffic
such project might_generate, interviews withMr. Granzow, Traffic Engineer for
the City of Anaheim and State Department of Transportation as well as actual
traffic counts. He related that data from traffic counts and their own capacity
analysis indicate that the intersection is functioning at a poor level of ser-
vice at peak p.m. hours. Studies to determine how long individual vehicles have
to wait to pass through this intersection indicate that each vehicle approaching
during the p.m. peak hours waits 20 seconds. Based on current estimates of
traffic generation from the proposed development, they estimate a vehicle delay
increase of 12 seconds which would bring the total to 32 seconds per vehicle
during the peak p.m. hours.
Mr. Rozack advised that their analysis of this intersection shows
that traffic warrants are currently met for signalization,however this would
not be their recommendation due to the proximity of the southbound on-ramp of
the Santa Ana Freeway. They believe that the present southbound on-ramp to the
Santa Ana Freeway at this location should be abandoned and a new ramp be con-
structed to the north along Manchester. With this change they feel that the
intersection of Mountain View and Manchester would operate much better but
would probably still require traffic signalization. The prime point of their
study is that although the proposed development will not crc&re an overwhelming
amount of traffic,it will create additional problems in view of the intersection
control now and the poor situation and because of the driveway proximity and
proposed access which will force left- and right-turn maneuvers onto Katella Way
and will conflict with Mr. Meddock's driveways on the opposite side. Based on
their experience,this will increase the accident potential to some degree.
Based on these considerations,their main recommendation is that the City look
i-~-ediately into revamping that intersection, working with the Division of High-
ways and secondarily deferring subject project until such time as this can be
accomplished.
The Mayor asked if anyone else either in favor or in opposition wished
to address the Council, there being no response, offered the Applicant a few
minutes for rebuttal.
Mr. Garrison remarked that the points made by Mr. Rozack are well
taken. M~wever he pointed out that Carl's Jr. is a fast-food operation and they
selected this particular site on the basis of current traffic conditions. They
anticipate, very little or no increase in traffic. They feel that if their
development proceeds with all of the driveways proposed, there would be no com-
plaint as to these customers interfering withMr. Meddock's operation or creat-
ing any traffic problems which do not already exist.
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City Hallm Anaheim, California - COUNCIL MINUTES - April 2m. 1974, 1:30 P,M,
Regarding the driveway at the very westerly portion, Mr. Garrison
stated that when developed this property will not have grade differentiation
which would prohibit easy ingress and egress. He indicated that they antici-
pate that their development will have access by right turns and right turns
out. For a left turn from Katella the customer would turn with the signal onto
Katella Way° He concluded that based on current traffic flow,he did not feel
this project would increase traffic to any extent.
Councilman Thom requested comment from the City Traffic Engineer
relative to this discussion.
Mr. Ed Granzow advised that he has been in contact with the State
regarding relocation of this particular freeway ramp. At the last Freeway
Coordinating Committee meeting it was agreed to look into this possibility,
however this depends on the timing of the modification to the Haster Street-
Anaheim Boulevard overcrossing. As far as left turns into the driveway at
Katella are concerned, Mr. Granzow noted that this is a separate turning phase
and other than the possibility of a vehicle turning right on the red signal in
conflict with the left turning vehicle, he could envision no serious problems.
He stated that his concern would be that the location of the driveway on
Manchester should be as far south as feasible in order to keep it away from the
abutment which would create a blind exit for vehicles at the driveway.
Councilman Thom inquired if the ramp relocation itself would affect
subject property, to which Mr. Granzow replied negatively,except that through
traffic might be decreased somewhat.
Councilman Thom asked if there would be no effect then from the
development.on subject property upon Mr. Meddock's operation.
Mr. Granzow replied that until such time as the ramp is relocated
'they could anticipate some increase in traffic due to the proposed development
in his estimation, however he advised that recently a continuous left-turn lane
has been provided for left turns to Mr. Meddock's property and to the undevel-
oped property which should ease the situation somewhat.
M~.yor Dutton closed the hearing.
Following brief discussion between the City Council and staff rela-
tive to the points brought up by Mr. Garrison, the following amendments to the
conditions recommended by the City Planning C~maission in their Resolution No.
PC74-54, were recommended by the City Engineer:
Condition No. 3: The words "removed and/or" be deleted.
Condition No. 7: The word "private" be inserted so as to read "ad-
jacent private properties".
Condition No. 12: To be amended to read as follows: That subject
property shall be developed substantially in accordance with plans and speci-
fications on file with the City of Anaheim marked Exhibit Nos. 1, 2, 3, 4, 5, 6,
7, 8, and 9; provided, however, that the easterly driveway providing access
to Manchester Avenue shall be located as far south as possible and at a location
duly approved by the City Engineer,and that the signing shall not exceed 60
feet in height.
In addition, the City Engineer reported that upon receipt of a letter from
the Applicant requesting waiver of temporary sidewalk installation along Katella
Avenue, his office would investigate same and present recomendation for City
Council consideration,but that he would recommend at this time that Condition
No. 2 remain as written. Further the City Engineer reported that the Applicant,
Freeway Industrial Properties has an executed agreement for license to encroach
for an irrigation system, installation of landscaping and maintenance of the
entire slope and that a $7,000 bond has been posted to provide said landscaping.
RESOLUTION NO, 74R-!39: Councilman Stephenson offered Resolution No. 74R-139
for adoption, authorizing the preparation of the necessary ordinance, changing
the zone as requested, subject to the conditions recormmended by the City Plan-
ning Commission with the modifications reco~nended by the City Engineer and
set forth above.
. I I ~_ I J _~ , I . I II -- . ~1 _ I ,II I II I I I
74-312
City Hall. Anaheim, .Califu~ia - COUNCIL MINUTES - April 2, 1974, 1:30 P,M~
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER-
MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD
BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED.
(73-74-48 - C-I)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCIIREN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 74R-139 duly passed and adopted.
RESOLUTION NO. 74R-140: Councilman Stephenson offered Resolution No. 74R-140
for adoption, granting Conditional Use Permit No. 1456, in part,
subject to the conditions recom~,ended by the City Planning Commission amending
Condition No. 2 as follows:
2. That subject property shall be developed substantially in accor-
dance with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1, 2, 3, 4, 5, 6, 7, 8, and 9; provided, however, that the easterly
driveway providing access to Manchester Avenue shall be located as far south
as possible at a location to be approved by the City Engineer and that the sign-
ing shall not exceed 60 feet in height.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDI-
TIONAL USE PERMIT NO. 1456 IN PART.
Roll Call Vote:
AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Mayor declared Resolution No. 74R-140 duly passed and adopted.
PUBLIC HEARING - VARIANCE NO. 2576 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS:
Application by the Phoenix Club for the following Code waivers to permit the
expansion of an existing private club on R-A zoned property located on the east
side of Douglass Road, north of Katella Avenue, was submitted together with
application for Exemption Status from the requirement of filing an environmental
impact report:
a. Expansion of a non-conforming use in a non-conforming building.
b. Minimum front setback.
The City Planning Commission, pursuant to Resolution No. PC74-46,
recommended that the subject project be declared exempt from the requirement to
prepare an environmental impact report and denied said variance.
Appeal from action taken by the City Planning Commission was filed by
Paul Gunnemann, President of the Phoenix Club, and public hearing scheduled this
date.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Stephenson, seconded by Councilmmn Sneegas, the City Council finds that this
project will have no significant effect on the environment and is exempt from
the requirement to prepare an environmental impact report. MOTION CARRIED.
Zoning Supervisor Robert described the location of the property which
consists of approximately six acres currently in the R-A Zone with resolution
of intent to M-1 adopted by the City Council some time ago. The Applicant is
requesting two waivers from Site Development Standards with the express intent
of expanding a non-conforming use in order to increase the size of the kitchen
74-313
City Hall, Anaheim, California - COUNCIL MINUTES = April 2, 1974, 1:30 P.M.
and food preparation area. The second waiver is in regard to the minimum
front setback requirements. Since the property is currently in the R-A Zone
the standard is a 25-foot structural setback, however there is a resolution
of intent to M-i, which zone requires 50-foot front setback. The properties
to the south are currently in the M-1 Zone and there is a parcel 150 feet north
of Katella which has been developed with an industrial building and is in com-
pliance with the 50-foot setback requirement.
Mr. Roberts related that the Phoenix Club was established some time
ago while subject property was still under County jurisdiction. In 1971, the
City Planning Commission and Council considered and approved a variance for a
dance hall and on-sale liquor to the public in the existing private club. The
Applicants propose to expand the existing facilities to enlarge the dining
portion and this modification is planned to be built towards the Douglass Road
right-of-way. They currently propose to build to within 20 feet of the right-
of-way, which plan is a revision of the one originally submitted to the City
Planning Cormmission which had a 15-foot setback. Mr. Roberts read the findings
upon which the City Planning Commission denial of said variance was based.
Councilman Pebley related that he was on the Planning Commission when
overtures were made by the City of Anaheim to the Phoenix Club to locate with-
in the City because of its German heritage. He remarked that he finds it par-
ticularly troublesome that after the establishment of the Club in Anaheim, in
an area far removed from any kind of development at all, that in the 12 years
in which they have been located on subject property they have had problems.
He stated that the Phoenix Club is not attempting to change the Code but has
requested a variance from same, and that he personally could see nothing detri-
mental in a 20-foot or even 15-foot setback on this particular property. Fur-
ther he noted that every development which came in subsequent to the establish-
ment of the Phoenix Club was aware of the existence of the Club prior to pro-
ceeding with their construction.
Councilman Stephenson observed that the mobile home park immediately
north appears to have a setback which is Under 20 feet.
Mr. Roberts advised that the block wall of the mobile home park is
15 feet from the right-of-way line.
Councilman Stephenson further noted that if the Phoenix Club were
to locate their addition in any other place this would prove a hardship since
it would be inconvenient for the servicing of food.
The Mayor asked if the Applicant or his Agent were present and wished
to address the Council.
Mr. Aaron Dt~hart, 12411 Gilbert Street, Garden Grove, advised that
Councilman Pebley had already stated what he had planned to relate to Council.
He advised that the membership in this Club has grown from 1,000 to approxi-
mately 1,500 members and the facility is somewhat inadequate. He indicated
there are no plans to expand the operation of the Club nor to increase the
membership, the sole purpose of the addition is to make the facility more ade-
quate and comfortable for the members. He pointed out that the facility located
immediately to the north, which was constructed after the Club, has a 15-foot
setback whereas the Phoenix Club is now proposing 20 feet. He reiterated that
the property is constructed in such a manner that the only feasible addition
to the restaurant facility would be at the front location requested.
Councilman Pebley asked what setback was proposed on
the original plans for this addition, to whichMr. Dumhart replied they had
originally requested 15 feet and this was later revised to a 20-foot setback.
Councilman Pebley inquired which of the plans the Phoenix Club would
prefer to use if allowed the choice.
After consultation with the members of the Club present, Mr. Dumhart
replied that they would prefer to build according to the original plans which
show the 15-foot setback.
74-314
City Hall~ Anaheim, California - COUNCIL MINUTES - April 2,. !97~, 1:30 P.~M. '
The Mayor asked if anyone wished to address the Council in opposition
to Variance No. 2576.
Mr. Kenneth Barngrover, 1400 Douglass Road, Manager of the Orange Tree
Mobile Home Park, stated that he had no objection to the restaurant but to the
fact that this will necessitate additional parking which will not be provided on
Club property. He stated that if this restaurant expansion is permitted,the same
formula for parking spaces should be made applicable as other competing restaur-
ants are made to provide.
Mr. Barngrover further referred to the fact that the Phoenix Club
has not installed sidewalks as was required pursuant to Variance No. 2259, but
instead applied for and received a temporary sidewalk waiver which has now been
in effect for three years. He felt that if sidewalks were installed on the
Douglass Road frontage of subject parcel then the individuals coming to the
Phoenix Club would be more likely to park there and not in front of the mobile
home park.
He further referred to the noise emanating from this operation and
the use of the parking lots after 10:00 p.m. which disturbs the residents of
the mobile home park. He requested that the Council help their situation by
regulating this business as to parking and undue noise after 10:00 p.m.
Councilman Dutton pointed out that the plans submitted in conjunction
with Variance No. 2576 indicate an additional 97-parking spaces and that the
proposed parking on the entire site would be in conformance with Code require-
ments.
City Engineer James Maddox reported that one of the conditions recom-
mended by the Interdepartmental Committee requires that sidewalks shall be in-
stalled along Douglass Road as required by the City Engineer and in accordance
with Standard plans and specifications on file in the office of the City
Engineer. He advised that this would be required prior to final building and
zoning inspections.
Mr. Dumhart advised that the phoenix Club does not object to installa-
tion of sidewalks and is planning to install these whether required or not, if
the variance is granted.
RESOLUTION NO. 74R-141: Upon ascertaining from Mr. Dumhart, who spoke with a
majority of the Board of Directors of the Phoenix Club present in the Council
Chambers, that they would prefer to construct the addition with the original
plans, Councilman Pebley offered Resolution No. 74R-141 for adoption, granting
Variance No. 2576, in accordance with the Applicant's original plans indicating
a 15-foot setback, subject to the following conditions'recommended by the Inter-
departmental Committee:
1. That sidewalks shall be installed along Douglass Road as required
by the City Engineer and in accordance with standard plans and specifications
on file in the office of the City Engineer.
2. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
3. That subject property shall be developed substantially in accor-
dance with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1, 2, and 3.
4. That Condition Nos. 1, 2, and 3, above-mentioned, shall be com-
plied with prior to final building and zoning inspections.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE
NO. 2576.
Roll Call Vote:
AYES: COUNCII2tEN:
NOES: COUNCILMEN:
ABSENT: COUNCIIHEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 74R-141 duly passed and adopted.
74-315
City Hall,.. A_r~_heim, California = COUNCIL MINUTES - April 2. 1974a 1:30 P.M.
REq~ST FOR EXTENSION OF TIME - RECLASSIFICATION NO. 72-73-33: Request submitted
by J. T. Abe for an extension of time to comply with the conditions of approval
for C-1 zoning on property located at the southeast corner of Brookhurst Street
and Niobe Avenue, was continued one week, on motion by Councilman Sneegas,
seconded by Councilman Stephenson. MOTION CARRIED.
REQ.L~.ST - INSTAllATION OF TEMPORARY TRAILER OFFICE FACILITY - CARL KARC~R ENTER-
PRIS~S~ INC., 1200 NORTHHARBOR BOULEVARD: Request of G. William Schaper, Planning
Coordinator, Richard E. HustonArchitect and A. D. Penhall, Managing Director
of Construction, Carl Karcher Enterprises, Inc., for permission to retain the
use of an existing temporary office trailer and to add an additional office
trailer on the site at 1200 North Harbor Boulevard for a maximum period of
one year, pending construction of a 20,000-square foot administration building
was submitted together with reports from Development Services Department, City
Engineer and City Attorney's Office.
On motion by Councilman Stephenson, seconded by Councilman Pebley,
the City Council approved the temporary use of two office trailers at Carl
Karcher Enterprises, Inc., 1200 North Harbor Boulevard, for a period of one
year. MOTION CARRIED.
REq~STAND PETITION RE: TRAFFIC IN VICINITY OF KATE~3A HIGH SCHOOL: Letter and
petition submitted by Mr. Robert O. Segraves, 2204 Lizbeth Avenue, containing
35 signatures and requesting the installation of speed bumps on Nordics Street,
Clay Street, Vermont Avenue and Lizbeth Street; and further requesting the
posting of "no parking during school hours" in the area; installation of trash
containers at the corner of Nordics Street and Wagner Avenue adjacent to
Katella High School; more stringent police enforcement with regard to traffic,
noise and speed laws.
Also submitted were reports from the City Engineer recommending
'speed bumps not be installed and that an ordinance be prepared for "no parking
during school hours" on Lizbeth Avenue from Clay Street to Nordica Street and
on Nordics Street from Lizbeth Avenue to Vermont Avenue; and report from the
Assi~tant City Attorney recommending ~he requested speed bumps not be installed.
On motion by Councilman Stephenson, seconded by Councihnan Sneegas,
the City Council authorized the City Attorney to draft an ordinance to permit
the posting of "no parking during school hours" on Lizbeth Avenue from Clay
Street to Nordics Street and on Nordics Street from Lizbeth Avenue to Vermont
Avenue, as recommended. MOTION CARRIED.
RECESS:' Councilman Dutton moved for a brief recess. Councilman Pebley seconded
the motion. MOTION CARRIED. (3:10 P.M.)
AFTER RECESS: Mayor Dutton called the meeting to order, all Couv. cilmen being
present. (3:25 P.M.)
PRESENTATION OF TI~ P?A,TtC,H~ POSITION ON THE CHINO HILLS AIRPORT: Mr. George
Hayvard, 5761 Rich Hill Way, Yorba Lin~, Vice ~esident of P.A.T.C.H. (Pre-
~nt Airport ~rou~ Chino Hills), presented a copy of a petition stating the
position of tht~ Organtzation,~tch he advised contained 1,000 si~atures.
He stated tMt since ~he City of l~he~ has Joined a Joint Powers Agre~ent
to fo~ the Chino Hills Airart Authority, he ts addressing th~ on behalf
of the residents of Southe~ Califo~ta.
Mr. Hayward advised that P.A.T.C.H. is an Organization of concerned
citizens which has a representative membership of all four counties which ad-
Join the proposed Chino Hills Airport site. He indicated that they are opposed
for a variety of reasons. They feel that Southern California does have a
tremendous transportation problem, however they also feel that ground trans-
portation problems are far more critical and important than air transportation
and that solutions of the ground problems will go a long way towards relief
of the air transportation problem by providing better access to the existing
airports.
Mr. Hayward noted that his Organization opposes the Chino. Hills
location in particular for the following reasons: (1.) Lack of major access
74-316
City Hall, Anaheim, California - COUNCIL MINUTES - April 2, 1974, 1:30 P.M.
to the area; (2.) The active earthquake faults in the area as reported by
Dr. Buckley (Council meeting, February 26, 1974) which have been confirmed by
the State Division of Mining and Geology; (3.) They do not feel that the
population growth of the area will be sufficient to support this additional
airport. If the need for further air terminals is proven, then the P.A.T.C.H.
Organization feels that expansion of the Ontario Airport or construction at
Palmdale would be more feasible since these facilities have either completed
or are already in the process of preparing environmental impact reports.
Mr. Hayward outlined the Organization's current efforts which have
to date primarily been involved with making the public aware of the issues
involved in this proposal. However, he noted that they have undertaken an
investigation of the legal options available to them. He stated that much has
been made of the fact that the proposed feasibility study is not going to cost
the City of Anaheim taxpayers any money and emphasized that if lawsuits are
filed to block the application for funds with which to conduct the feasibility
study, the litigation may continue as long as 25 years and certainly the legal
defense of the City's position would cost a considerable sum of money.
In conclusion, Mr. Hayward stated that land is not a co~,odity but
a resource and should be treated as such. The historical trend has been to
take such large facilities as airports to the people, and that perhaps more
effort should be expended, particularly through responsible government planning,
on getting people to and from such facility easily and conveniently. Mr.
Hayward advised the Council that the P.A.T.C.H. Organization formally requests
that the City of Anaheim withdraw from the Joint Powers Agreement to form the
Chino Hills Airport Authority.
Councilman Dutton stated in response to Mr. Hayward's presentation
that the purpose of the Joint Powers Agreement is not to construct the Airport
but to make available a plan and feasibility report and environmental impact
report Which would allow those interested to see whether or not such a project
is feasible, and that all of the aspects mentioned by Mr. Hayward would be taken
into consideration in this investigation.
Mr. Hayward advised that he has read the Joint Powers Agreement to
which Anaheim is a signatory City and that this agreement outlines steps to be
taken for land acquisition and construction of the Airport.
Councilman Dutton replied that Chino Hills is just one of the nine
different sites being considered as a potential airport site.
Mr. Hayward pointed out that the fact that Chino Hills Airport Com-
plex, Inc. is putting up the $300,000 necessary to implement the application
for Federal funds would indicate to him that they would be biased towards the
Chino Hills site and the study would be directed toward construction of that
particular Airport rather than being a complete and objective study of the area.
Councilman Dutton remarked that the funds for the study are being
advanced partially by private industry and the remainder to be provided through
the F.A.A. from the revenues collected on air fares which are specifically
designated for this purpose. He pointed out that this project will involve
25,000 acres, much of which will form a buffer zone and that it will be close
to the population center of Southern California.
Mr. Hayward asserted that an airport in this particular area does not
make sense, since even proponents of Chino Hills Airport have stated that LAX
could handle twice their current air traffic if an efficient ground transporta-
tion system were devised. He related that the PATCH Organization feels top
priority should be given to providing better access and expanding existing air-
ports before funds are allocated to construct new facilities. In addition,he
pointed out that SCAG, as.well as the Counties of Orange and San Bernardino have
designated the Chino Hills area as open space and airport facilities of this
magnitude are not compatible with open space.
Councilman Thom stated that he has been an opponent of the City of
Anaheim's entry into the Joint Powers Agreement since its inception,
74-317
Cit~ Hall. Anaheim. California - COUNCIL MINUTES - April 2, 1974, 1:30 P.M.
and he could envision no benefits, either short, mid or long-term, for the
citizens of Anaheim, particularly, since the Counties of San Bernardino
and Orange have declared no interest in the project. He remarked that he
felt it not appropriate for the City of Anaheim to be involved at this point
and thereupon offered a resolution for adoption which would withdraw the City
of Anaheim from the Joint Powers Agreement to form the Chino Hills Airport
Authority.
Councilman Dutton advised that he was aware of the political moti-
vation of Councilman Thom's remarks but that he felt, as a Councilman, he was
elected to represent all of the people in the City, and as such representative
feels it is incumbent upon the City Council to address themselves to the very
evident needs of air as well as ground transportation°
Councilman Sneegas remarked that if the members of the City Council
were concerned for their own best interests, he supposed the best course of
action for them would be to vote to discontinue Anaheim's involvement in this
Agreement, since it is an emotional issue especially with the forthcoming
election. He related that he has read much information regarding the air-
port proposal, both pro and con, and feels that there is just not sufficient
evidence upon which to make any decision at this time.
Mr. Curran, 5092 Torida Way, Yorba Linda, was recognized by the
Mayor and advised that he owns property in Anaheim and formerly a resident
of this City, however he has moved due to the annoyance he experienced from
the flight paths to and from the Los Alamitos Naval Air Station. He noted
that just as was mentioned earlier in the zoning action for the Phoenix Club,
the residents of Brea, Placentia, Yorba Linda and east Anaheim were also there
first.
In answer to Councilman Dutton, Mr. Curran advised that he had
reviewed the maps and runway configuration withMr. Wood of Chino Hills Air-
port Complex, Inc.
Councilman Stephenson remarked that the planning for this proposed
airport is in preliminary stages, and if it is proven feasible the issue
would probably be placed before the electorate for decision.
Mayor Dutton called for the vote on the foregoing resolution to
withdraw from the Joint Powers Agreement to form the Chino Hills Airport
Authority, offered by Councilman Thom.
Said resolution failed to carry by the following vote.
Roll Call Vote:
AYES: COUNCIIMEN: Thom
NOES: COUNCILMEN: Stephenson, Sneegas, Pebley and Dutton
ABSENT: COUNCII/qEN: None
REQ~$T FOR CONTINUANCE TO APRIL 16, 1974 FROM AFRIL 9, 1974 - RECLASSIFICATION NO.
73-74-31~ VARIANCE NOt 2569~ GENERAL PIANAMENDMENTNO, 123B AND RECLASSIFICATION
NO...73-74-46: The City Clerk submitted a letter dated April 2, 1974 and received
just prior to this meeting from Mrs. Mary Dinndorf, President of the Santa Aha
Canyon Improvement Association, Inc., requesting the Council consider
rescheduling Reclassification No. 73-74-31, Variance No. 2569, General Plan
Amendment No. 123B, Reclassification No. 73-74-46 from April 9, 1974 to the
April 16, 1974 agenda. The reason for the request is that April 9, 1974 is
election day and the people of this particular area are interested in partici-
pating actively in the campaign.
At request of Council, Mrs. Fattens briefly outlined the zoning
proposals which are involved in these petitions and Zoning Supervisor Roberts
related the reco~uendations made. by the City Planning Commission.
74 -318
City Hall, Anaheim, California - COUNCIL MINUTES - April 2, 1974, 1:30 P,M.
Councilman Pebley inquired whether such a rescheduling would require
the legal advertising notices to be published again.
The City Clerk replied affirmatively, unless the Council wished to
continue the public hearings from the time and date originally scheduled.
Councilman Thom moved that the City Council declare their intent to
continue the public hearings scheduled April 9, 1974 on Reclassification No.
73-74-31, Variance No. 2569, General Plan Amendment No. 123B and Reclassifica-
tion No. 73-74-46 from that date to the meeting of April 16, 1974.
The Mayor recognized Mr. John Milleck, Anaheim Hills, Inc., who
stated that in his opinion the Petitioner's request was made on the basis that
the election would bring about a change on the Council which would improve their
position. He stated that his position is that Anaheim Hills, Inc., has gone
through the normal City process in dealing with both the staff and the Planning
Commission and does not feel they should be penalized by waiting an additional
week pending an election which should have no effect on the normal business pro-
cess. He noted that they have a great deal of money invested in improvements
such as storm drains and water facilities and that time delays are costly to
them. He requested that the Council retain the hearing date for subject peti-
tions as scheduled.
The foregoing motion was declared dead by Mayor Dutton for lack of
a second. No further action was taken by the City Council°
RESOLUTION NO. 74R-142 - WORK ORDER NO. 807: Upon receipt of certification from the
Director of Public Works, Councilman Dutton offered Resolution No. 74R-142 for
adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING
THE COMPLETION AND THE FURNISHING OF ALL PLANT, lABOR, SERVICES, MATERIALS
AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL
AND WATER, AND THE PERFORMANCE OF ALL WORK' NECESSARY TO CONSTRUCT AND COM-
PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE BROOKHURST PARK BASE-
BALL AND FOOTBALL FIELD LIGHTING, IN THE CITY OF ANAHEIM, WORK ORDER NO.
807. (McCain Construction Company, Inc.)
Roll Call Vote:
AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Mayor declared Resolution Noo 74R-142 duly passed and adopted.
TERMINATION OF A.H.F.P. PROJECT NO. 645 (CONVENTION WAY AND CLEMENTINE STREET): On
motion by Councilman Sneegas, seconded by Councilman Pebley, the City Council
authorized the termination of A.H.F.P. Project No. 645 - street improvements
on Convention Way and Clementine Street (approved for the Fiscal Year of 1972-73
and extension of time granted to June 30, 1974), as recommended by the City
Engineer° MOTION CARRIED.
RESOLUTION NO. 74R-143 - DEEDS OF EASEMENT: Councilman Stephenson offered Resolu-
tion No. 74R-143 for adoption°
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN
DEEDS AND ORDERING THEIR RECORDATION. (Caltex Equities; Anaheim Hills,
Inc., & Texaco Ventures, Inco; Roy W. Mabee & Virginia K. Koepping;
Donald Co & Betty F. Young; W.P.Co Development Co.; First Christian Church
of Anaheim; Bert & Madeline B. Bledsoe; Robert H. Grant Corp.; W.P.C.
Development Co.; Paul William Altheide, Esther Lillian Michel, et al)
74-319
City Hall, Anaheim, California - COUNCIL MINUTES - April 2,. 1974, 1:30 P,M.
Roll Call Vote:
AYES: COUNCIIAMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thorfl and Dutton
None
None
The Mayor declared Resolution No. 74R-143 duly passed and adopted.
PROI~SED SALE OF CITY-OWNED PROPERTY: M~norandmn fr~ the City Engineer, dated
January 11, 1974, listtug certain City-owned parcels of land available for
possible sale, was submitted for Council review.
CounetL-~n Pebley suggested that Item No. 2 on the list (C.P. File
No. 9 - Lot Nos. 46 and 47, Tract No. 1591) be split into t~o parcels and
offered for sale individually, as in his opinion this would expedite sale for
use as C-O property.
The list of City-o~med parcels reco~neuded for sale as emended to
show Item No. 2 in t~o parcels is as follows:
Nutwood.
Wes~nont.
West~nont.
1. Lot No. 11, Tract No. 3308, southwest corner of Cerritos and
Lot No. 46, Tract No. 1591, southwest corner of Euclid and
2b. Lot No. 47, Tract No. 1591, southwest corner of Euclid and
3. Surplus substation, east side of Pauline, north of La Palma.
4. Northeast corner of La Palms and Part.
5. Lot No. 73, Tract No. 1820, south side of Tyler Street, east
of WestermAvenue.
6. Triangular parcel on the east side of Beach Boulevard, south
'of Lincoln Avenue.
7. Vacated well site on the west side of Western Avenue, north of
Lincoln Avenue.
8. Vacated well site,~south of Cerritos, east of Euclid.
9. Parcel located on the north side of Lincoln Avenue, west of
Aladdin.
10. Parcel located at the north side of Damon, west of Pythias.
On motion by Councilman Sneegas, seconded by Councilman Thom, the
above noted parcels were declared excess to City needs and the publication of
legal notice for sealed bids for purchase of said property authorized.
MOTION CARRIED.
AP~ICATIONTO FILE LATE CLAIM: It was moved by Councilman Thom that permission
to present late claim submitted by Vera Kuhr, Attorney in Pro Per, for purpor-
ted personal injuries sustained on or about September 14, 1973, be denied as
recommended by the City Attorney's Office. Councilman Sneegas seconded the
motion. MOTION CARRIED.
CLAIMS AGAINST THE CITY: The following claims were denied as recon~ended by the
City Attorney and ordered referred to the insurance carrier, on motion by
Councilman Th~, seconded by Councilman Pebley:
a. Claim submitted by Mission Bay Candles, Inc., et al, for damages
purportedly resulting from arrest and statements regarding complainant, on or
about January through March, 1974.
b. Claim submitted by Ceil Meisner for personal injuries sustained
purportedly as a result of falling in hole in street at Loara and North Streets,
on or about March 11, 1974.
MOTION C2%RRIED.
RESOI//TION NO, 74R-1~ - ORAN~T~)RPE - NIXON DETACHMENT - ~ORBA LINDA LIBRARY
DIS~ICT: Councilman Sneegas offered Resolution No. 74R-144 for adoption.
Refer to Resolution Book.
74=320
City Hall, Anaheimm California - COUNCIL MINUTES - April 2m 1974, !:30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PROPOSING A CHANGE
OF ORGANIZATION IN THAT DISTRICT KNOWN AS THE YORBA LINDA LIBRARY DISTRICT
BY THE DETACHMENT OF CERTAIN DESCRIBED REAL PROPERTY LOCATED WITHIN SAID
DISTRICT, WHICH REAL PROPERTY IS ALSO LOCATED WITHIN THE CITY OF ANAHEIM.
(ORANGET~0RPE -- NIXON DETACHMENT)
Roll Call Vote:
AYEs: COUNCILMEN:
NOES: COUNCIkMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 74R-144 duly passed and adopted.
RESOLUTION NO, 74R-145 - AGREEMENT - CITY OF ANAHEIM ANDANAHEIM EUCALYPTUS WATER
COMPANY: Councilman Stephenson offered Resolution No. 74R-145 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE
TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE
ANAHEIM EUCALYPTUS WATER COMPANY WHEREBY THE CITY WILL QUIT-CLAIM AN
INTEREST IN CERTAIN PARCELS OF LAND, AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE SAID AGREEMENT.
Roll Call Vote:
AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Mayor declared Resolution No. 74R-145 duly passed and adopted.
Mr. Murdoch requested that the record show that there is a possibility
that he at one time had some financial interest in the EUcalyptus Water Company,
however he had none at present.
RESOLUTION NO, 74R-146 -AMENDING RESOLUTION NO. 74R-39, NUNC PRO TUNC:
Sneegas offered Resolution No. 74R-146 for adoption.
Refer to Resolution Book.
Councilman
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLU-
TION NO. 74R-39 NUNC PRO TUNC, BY CORRECTING THE DESCRIPTION OF THE PROP-
ERTY INVOLVED. (City of Buena Park - de-annexation from Anaheim)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
COUNCILMEN: None
COUNCILMEN: None
The Mayor declared Resolution No. 74R-146 duly passed and adopted.
CORRESPONDENCE: The following correspondence was ordered received and filed, on
motion by Councilman Stephenson, seconded by Councilman Sneegas:
a. City of Santa Ama - Approving "Orange County Cities' Policy on
Clean Air" and recommending consideration by Council and similar action.
b. Before the Public Utilities Commission - Application of Mark IV.
Charter Lines, Inc. for authority to extend application no. 53933, decision no.
81892, passenger stage service between points in Southern California and Mammoth
Mountain.
c. Community Redevelopment Commission - Minutes - March 13, 1974.
d. Co~unity Center Authority - Minutes - February 19, 1974.
e. Anaheim Public Library Board - Minutes - February 25, 1974.
f. Financial and operating reports for the month of February, 1974
for the Police Department.
74-321
Cit~ ~all, Anaheim, California - COUNCIL MINUTES - April 2, 1974, 1:30 P.M.
g. 'County Sanitation Districts - project report for improved treat-
ment at Plant No. 2 and summary of project report, plus review by Engineering
Division.
MOTION CARRIED.
ORD~L~NCE NO. 3280: Councilman Dutton offered Ordinance No. 3280 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (73-74-17 - C-l)
Roll Call Vote:
AYES: COUNCIIMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3280 duly passed and adopted.
ORDINAI~E NO, 3281..~. Councilman Stephenson offered Ordinance No. 3281 for first
reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (71-72-15 (4) - R-M-10,000)
URGENCY ORDINANCE - BOURS OF OPERATION SIGNS, GASOLINE STATIONS: The City Attorney
reported that pursuant to recent Council discussions and directive March 26,
1974, he has prepared an urgency ordinance for adoption which will amend
Chapter 4.04 of the Anahe~mMunicipal Code and which is a permissive ordinance.
~Said ordinance allows service stations to post an "operation sign" designating
the hours which the station will operate for the sale of gasoline and describes
the number of such signs and square footage permitted. It further permits
the station operator to post prices on the operation sign but does not require
him to do so. The ordinance is limited and will expire 90 days after adop-
tion.
The City Attorney further reported that due to the State Emergency
Marketing Plan~ provision for the use of colored flags in-lieu of such "opera-
tion sign", a provision has been inserted in this ordinance making the use of
the flags permissive as well.
Councilman Stephenson voiced the opinion that the posting of prices
section of this ordinance should be mandatory.
Mr. Joe Conrad, 2262 West Coronet Avenue, was recognized by the
Mayor and briefly reported on current and future gasoline allocations antici-
pated by the dealers. He urged the Council to bear in mind that the shortage
is not over.
ORDINANCE NO. 3282: Councilman Sneegas offered Ordinance No. 3282 as an
urgency ordinance for adoption. Said ordinance was read in full by the City
Clerk.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4, CHAPTER 4.04, BY
ADDING THERETO SECTION 4.04.145 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO SIGNS; DECLARING THE SAME TO BE AN URGENCY ORDINANCE EFFECTIVE FOR
NINETY (90) DAYS ONLY.
Roll Call Vote:
AYES: COUNCILMEN: Stephenson, Sneegas, Pebley~ Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCIIREN: None
The Mayor declared Ordinance No. 3282 duly passed and adopted.
74-322
City Hallm Anaheim, California - COUNCIL MINUTES -April 2~ 1974~ 1:30 P.M.
REPORT - CITY ATTORNEY REGARDING JOHN SEYMOUR: At the request of Mayor Dutton,
the City Attorney advised that subsequent to the report on possible conflict
of interest on the part of Mr. John Seymour while a member of the City Planning
Commission, presented to Council on January 2, 1974, and indicating the opinion
at that time that Mr. Seymour's disclosure statement met the Code requireme9ts,
some modification would be in order. Primarily due to a conversation with Mr.
Seymour, Mr. Watts reported it was learned that he (Mr. Seymour) did have an
interest in Tract Nos. 8215 and 8219 on February 5, 1973 when he voted on the
environmental impact report for these tracts, and the City Attorney's Office
would modify their report to that extent.
Councilman Dutton took exception to the fact that the news media had
reported Mr. Seymour as cleared when in fact the investigation was not complete.
CouncilmAn Thom expressed the opinion that Mr. Seymour had complied
with the spirit or intent of the ordinance.
REPORT - USE OF CITY SEAL ON BUSINESS CARDS: As requested by Mayor Dutton at the
Council meeting of March 26, 1974, the City Attorney reported that in connec-
tion with the use of the City Seal on business cards that his office has re-
viewed the applicable ordinances, resolutions, statements and policies of the
Council, State Government Code and Charter to see whether or not there is any'
particular regulation concerning the use of the City Seal. The result of their
research is that they did not find any specific regulations. The Charter does
provide that possession of the Seal is vested in the City Clerk. The tradi-
tional use of a seal is for the purpose of authenticating documents executed by
the organization.
Mr. Watts_advised that he would have no problem defending the position
that the Seal is the personal property of the City and as such is subject to
the control of the legislative body insofar as its use is concerned and the
Council'could adopt rules regarding such use; however there are no existing
regulations.
Councilman Sneegas wished to clarify that he has never purchased any
business cards carrying the City Seal for use by his wife as a representative
of the City and that she has never used such a card as was alleged recently in
the news media.
No further action was taken by the City Council.
INCREASE IN MILEAGE RATES FOR USE OF PERSONAL CARS ON CITY BUSINESS: The City
Manager presented a rec~,mLendation that the current 10¢ per mile rate which is
refunded to City employees for the use of personal cars on City business be
increased by adopting the following policy:
1. For trips of 100 miles or less, 15¢ per mile.
2. For intra-state trips beyond 100 miles, 12¢ per mile or equivalent
air fare whichever is the least.
3. Out of State trips, because of the time away from the job, should
be made by air and billed at the actual cost of the airline ticket.
Mr. Murdoch reported that since the use of personal cars is an eco-
nomical approach for the City, it is encouraged wherever possible. This recom-
mendation is based on the increases in the cost of gasoline and the purchase
of automobiles. He presented a table illustrating mileage rates used by various
public agencies in the local area for reimbursement to employees, indicating
that the average rate paid is 12.1¢ per mile.
On motion by Councilman Pebley, seconded by Councilman Stephenson,
the increase in mileage rates reimbursed to employeesfor use of personal cars
on City business was approved as recon~nended by the City Manager, effective
immediately. MOTION CARRIED.
CITY OF ANA~gIMFINANCIALREPORTt 1972-73 - CERTIFICATE OF CONFORMANCE BY THE
NATIONAL COI~IITTEE ON GOVERI~ENTAL ACCOUNTING: The City Manager reported that the
City of Anaheim Financial Report for 1972-73 has been awarded a Certificate of
74-323
Cit~ Hallm Anaheim, California - COUNCIL MINUTES -April 2m. 1974, 1:30 P.M~
Conformance by the National Co~nittee on Governmental Accounting. Said Com-
mittee is represented by the following organizations who have established
standards for governmental accounting:
1. American Accounting Association (Educators).
2. American Institute of Certified Public Accountants.
3. Canadian Institute of Chartered Accountants.
4. Municipal Finance Officers' Association - United States and
Canada.
5. Federal Goverranent (General Accounting Office; United States
Treasury Department and United States Bureau of Budget).
He announced that the City of Anaheim is proud to join with the
231 other U. S. municipalities which have received this award since the pro-
gram's inception in 1946.
AU~..~DRIZATION 11) FILE CLAIM WITH SCAG FOR LOCAL TRANSPORTAT~ON FUNDS: Pursuant to
provisions of SB 325 and SB 821, claims for local transportation funds to be
use exclusively for bikeways and pedestrian facilities must be filed with
SCAG this date. The City of Anaheim's maximum allocation would be $33,031,
and the City Manager rec~ended that the Council authorize submittal of this
claim to be used to implement the following:
1. Primarily to design a backbone trail system utilizing existing
linear components or rights-of-way within the community and connecting with
the systems proposed by adjacent cities, as well as the County-wide trail
system.
2. To make accessible to cyclists the various recreational areas
within or adjacent to the City limits from any point in the City.
3. To initiate another effort toward encouraging travel by means
other than the passenger car, for the obvious purpose of reducing air pollu-
tants.
On motion by Councilman Sneegas, seconded by Councilman Dutton,
the City Council authorized application for the maximum allotment under
SB 325 and SB 821, declaring its intent to utilize said funds in the manner
and for the purposes expressed herein. MOTION CARRIED.
POSITION ON DEFINITION OF "RESPONSIBLE LOCAL OFFICIALS" - DEPAR~I~ENTOF TRANSPOR-
TATION: The Public Works Director, Thornton Piersall, presented copies of a draft
letter proposed to be addressed to Congressmen, Senators and other officials
relative to the current thrust on the part of National agencies,and in par-
ticular, the Departv, ent of Transportation, to define "Responsible Local
Officials" as someone other than locally elected officials, such as area-wide
transportation planning organizations, in this instance the Southern California
Association of Govermnents (SCAG). Said draft urges that all action possible
be taken to withdraw this department of transportation proposal and to clarify
the intent of Congress by defining the term "Responsible Local Officials" as
the legislative bodies of the cities and counties, with the area-wide trans-
portation planning organizations performing a coordinating function.
On motion by Councilman Sneegas, seconded by Councilman Dutton, the
City Council authorized the draft letter submitted for the Mayor's signature
to be forwarded to State and Federal representatives. MOTION CARRIED.
RESQLUTION NO, 74R-147 - PIPELINE LICENSE, ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY: Councilman Stephenson offered Resolution No. 74R-147 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF IItE CITY OF ANAHEIM AUTMORIZING T~
MAYOR AND CITY CLERK TO EXECUTE A PIPELINE LICENSE AND AUTHORIZING PAY-
MENT THEREFOR. (Storm Drain near Esperanza - compensation, $150.00)
Roll Call Vote:
AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCII/~EN: None
The Mayor declared Resolution No. 74R-147 duly passed and adopted.
74-324
City Fm. lla Anaheima California - COUNCIL MINUteS - April 2, 1974a 1,.'30 P.M.
INSTRUCTION CIASS - ELECTION INSPECTORS: On report and recommendation of Mrs.
Farrens, Councilman Pebley moved that the City Clerk be authorized to pay $3.00
to each election inspector for the April 9, 1974 General Municipal Election
who attends an instruction class prior to election day, at which time they may
pick up the appropriate election supplies° Councilman Sneegas seconded the
motion. MOTION CARRIED.
REQUEST - INVESTIGATION INTO POSSIBLE BREACH OF CITY CODE OF ETHICS BY COUNCILMAN
DUTTON: Councilman Thom submitted documents obtained from the United States District
Court (petition for bankruptcy), the fourth page of which Councilman Thom in-
terpreted as indicating that a third mortgage in the amount of $94,535, was
secured by Councilman Duttou against a pledge of life insurance in the amount
of $25,000 and $100,000 which policies are City of Anaheim group policies paid
for by City of Anaheim taxpayers.
Councilman Thom expressed the opinion that the use of these policies
against which to borrow money would constitute a violation of certain sections
of the Code of Ethics which prohibit against the "use of public funds for per-
sonal gain"; or other applicable sections of the Code. He thereupon requested
an investigation and report from the City Attorney in one week regarding any
breach of the Code of Ethics and/or other areas which the City Attorney feels
are applicable.
Councilman Dutton stated that the City Attorney's Office will dis-
cover upon their investigation that the insurance policies in question were not
used to secure loans.
REQUIREMENT FOR PROVIDING I{OUSING FOR THE ELDERLY: Mayor Dutton requested that the
Development Services Department pursue an investigation into the requirements
for providing subsidized housing for the elderly within the City of Anaheim.
ADJO~NT: Councilman Pebley moved to adjourn. Councilman Stephenson seconded
the motion. MOTION CARRIED.
Adjourned: 4:55 P.M.
Signed
City Clerk