1974/07/3076-755
City Hall ~ Anaheim~ California - COUNCIL MINUTES - July 29 ~ 1974 ~ 7: 30 P .M.
AI~I, O~ - CITY PLANNING C~ISSION: Comiasioner Gauer moved to adjourn.
Commissioner Farano seconded the motion. MOTION CARRIED. (9:50 P.M.)
ADJOURNMENT - CITY COUNCIL: Councilwoman Kaywood moved to adjourn. Councilman
Snee~as seconded the motion. MOTION CARRIED.
Adjourned: 9:50 P.M.
City Clerk~
City Hall~ Anaheim~ California - COUNCIL MINUTES - July 30~ 1974~ 1:30 P.M.
PRESENT:
ABSENT:
PRESENT:
The City Council of the City of Anaheim met in regular session.
COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
COUNCIL MEMBERS: None
ASSISTANT CITY MANAGER: Robert M. Davis --
CITY ATTORNEY: Alan R. Watts
CITY CLERK: Alona M. Hougard
PERSONNEL DIRECTOR: Garry O. McRae "
CITY ENGINEER: James P. Maddox
ADMINISTRATIVE ASSISTANT: John Harding
ZONING'SUPERVISOR: Charles Roberts
PLANNING SUPERVISOR: Don HcDaniel
ASSISTANT PLANNER: Robert Kelley
The Mayor called the meeting to order.
FLAG SALUTE: Councilman Calvin L. Pebley led the Assembly in the Pledge of
'Allegiance to the Flag.
RESOLUTION OF WELCOME: Resolution of Welcome for the Auacient Order of Hibernians
in America, on the occasion of their selecting Anaheim as the site for
their International Convention, July 29 through August 1, 1974, was
unanimously adopted by the City Council.
MINUTES: Minutes of the Anaheim City Council Regular Meeting held June 1i, 1974, were
approved on motion by Councilman Sneegas, seconded by Councilwoman Kaywood.
MOTION CARRIED. -'
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Sneegas ~oved to waive the
reading in full of all ordinances and resolutions, and that consent to the waiver
of reading is hereby given by all Council Members unless, after reading of the
title, specific request is made by a Council Member for the reading of such
ordinance or resolution. Councilman Thom seconded the motion. MOTION UNANI21OUSLY
CARRIED.
REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount
of $1,511,698.90, in accordance with the 1974-75 Budget, were approved.
PUBLIC HEARING - RECLASSIFICATION NO. 73-74-63: Initated by the City Planning Co~is-
sion for a change in zone from County of Orange A-1 to City of Anaheim R-A, on
the north side of Santa Ana Canyon ~ad, between Mohler Drive and Ouinta~s Drive
(Santa Ana Canyon No. 4 Annexation) and submitted together with request for cate-
gorical exemption from the requirement to prepare an enviro~ental impact report.
The City PlanningCommission, pursuant to Resolution No. PC74-130,
advised that the Director of Development Services has determined that the proposed
activity falls within the definition of Section 3.01, Class No. 1 of the City of
Anaheim Guidelines for the requirement for an environmental impact report 'and is
therefore categorically exempt. It further recommended unconditional approval of
Reclassification No. 73-74-63.
Zoning Supervisor Roberts reported that subject reclassificationwill
provide R-A zoning on the property within Santa Ana Canyon No. 4 Annexation.
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.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilwo~an
Kaywood, seconded by Councilman Seymour, the City Council ratified the determin-
ation of the Director of Development Services that the proposed activity falls
74-75,5
City. Ha!l~ Anaheim, California - COUNCIL MINUTES - July 30, 1974~ 1:30 B.M.
within the definition of Section 3.01, Class No. 1 of the City of Anahe~C~de-
lines to the requirements for an environmental impact report and is
categorically exempt from the requirement to file same. MOTION CARRI-ED..
RESOLUTION NO. 74R-371: Councilwoman Kaywood offered Resolution No. 74R-371 for
adoption, authorizing the preparation of the necessary ordinance,
zone as recommended by the City Planning Commission, unconditionally.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMI:NtNG
THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED
AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (73-74-63 - R-A)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 74R-371 dulypassed and adoPted. ·
PUBLIC gmdRING -AMENDMENT TO THE ANAHEIM MUNICIPAL CODE - TITLE 18, ZONING (~pT~B!LE
SERVICE STATIONS): To consider an amendment to Title 18 of the Anaheim MuaicipalCode:
which would require the granting of a conditional use permit for the construction
of automobile service stations in commercial and industrial zones.
The City Planning Commission, pursuant to Resolution No. PC74-132,
recommended adoption of amendments to Title 18, Zoning, of the Anaheim Municipa1
Code relating to automobile service stations as set forth therein.
The City Clerk submitted correspondence dated June 24, 1974 from~em~ern
Oil and Gas Association, 609 South Grand Avenue, Los Angeles, presentingcomments
and recommendations regarding the proposed amendments to Title 18 pertaining to
automobile service stations. Said letter having previously been furnished to
each Council Member, the City Clerk did not read same in full at this time.
Mr. Don McDaniel summarized that during March of 1974 the City Cpuncil
adopted an ordinance establishing certain development criteria for service stations
on the basis that these constitute a selected class of land use. The ordinance~
was proposed and adopted because the City Council recognized five apparent~,prob~
lems in connection with this particular land use, these being:
1. The increasing number of unsightly vacant service stations.
2. The many applications received to construct new service stations.
3. The ambiguities which were existing in the Code relative to develop-
ment standards and permitted uses in service station structures·
4. The problems with enforcement of the existing Code regarding such
matters as sales of miscellaneous items and tire displays.
5. Rental of trucks which was in violation of the Code at tha~
Mr. McDaniel explained that a proposed ordinance had previously
submitted to Council in April of 1973 which included a requirement for condi'ti~onal
use permit for all new service stations, and provision for abatement of vacant
stations. This ordinance was returned to staff for redrafting at the direction
of Council because these sections were unacceptable to them at that' time.
Mr. McDaniel su~rized the effects of the ordinance adopted in March.
of 1974 and advised that at the City Council/City Planning Commission Joint::Work
Session, May 15, 1974, the Council requested a review of this ordi~ance with
special emphasis on the provisions relating to the location of new stations and
abatement of vacant stations which had been deleted from previous ordinance pr~pr.
to adoption. In connection with this review, Mr. McDaniel reported that und~r~
the provisions of the present Zoning Code, service stations are permitted in anY~
location in an industrial zone; at the intersection of arterial highways in all
commercial zones except C-O and C-H; and permitted by conditional ~se permit in
the R-A Zone. There is currently no provision relating to the aba~ement O~
vacant service stations and he advised that the City Attorney's Office staff has
cautioned that such an ordinance, if applied only to service stations, may be
discriminatory and, therefore, would not be enforceable and could result in suits
for inverse condemnation.
74-757
City ~all, Anaheim, California - COUNCIL MINUTES -.. July 30~ 1974~ 1:30
Mr. McDaniel s,,mm-rized that the recommendations presented by the City
Planning Commission relating to this matter at this time would accomplish, the
following:
1. Require a conditional use permit for service stations at amy loca-
tion, in all areas.
2. To prevent construction of more than two service stations at one
intersection, establishes a minimum distance of 500 feet between
service stations on the same side of the street.
3. Establishes, as a condition of approval for conditional use permit
to construct a service station, that the applicant agree to remov-
ing the structure after one year of consecutive vacancy.
The Mayor asked if anyone wished to comment in favor or in opposition
to the proposed amendments to Title 18.
Ms. Euneata Richardson, representing Western Oil and Gas Association,
referred to her letter dated July 24, 1974 and specifically noted that this
addresses itself to the negative effects the proposed ordinance would have on
existing service stations. She stated that while the intent of this proposed
ordinance is to limit or control the construction of new service stations in the
future, it is very unlikely that there will be such an increase. She advised
that the number of service stations has instead been declining over the past five
years and there are no facts or figures to indicate that this downward trend will
not continue.
Ms. Richardson commented that the section which would limit the comstruc-
tion of service stations within 500 feet of each other on the same side of the
street, would, in effect, make all service stations which are within 500 feet
legal, non-conforming uses on adoption of the ordinance. This would become a
problem for those operators if they undertake any extensive remodeling or rebuild-
ing of the station. She pointed out that the victims 'of the proposed ordinance
would be the existing service stations, while the stated purpose is to limit new
stations.
Regarding mandatory abatement of vacant service stations, Ms. Richardson
felt this should be carefully considered, in view of the fact that it appears
this requirement is based solely on the fact of 12 consecutive months of vacancy
without regard as to whether or not the facility constitutes a clear and imminent
danger or is substandard. She pointed out that the City already has within its
capability, under the Uniform Building Code, the legal instruments with which, to
remove structures which constitute a threat to the safety, health and general
welfare of the community.
In conclusion, Ms. Richardson stated that the Western Oil and Gas
Association does not believe that this proposed ordinance will provide the desired
incentives for upgrading of existing stations.
At the request of Mayor Thom, Mr. Robert Kelley gave a brief smyopmis
of the memorandum in response to the Western Oil and Gas Association communica-
tion. He indicated that the remarks concerning the decline in the number of
service stations in recent years are very true, however the fact that there has
been such a short-term decline is no assurance that there will not be an addi-
tional upsurge in the number of applications for construction of new stations,
and it is the purpose of the amendment to prevent such occurrence which resulted
in the large number of vacancies currently experienced. In addition, he noted
that the requirement pertaining to the necessity for conditional use permit in
the event that the service station is to be remodeled or upgraded, would only
apply if the amount of reconstruction is 50% of the fair market value. Further
he pointed out that the fee for conditional use permits is only $125 and the
application requirements are not difficult, and this would certainly be justified
in any major construction. He further noted that the applicant for a conditional
use permit, in such instances, would very likely benefit from the information and
guidance he would receive from the Development Services Department in the process
of obtaining the conditional use permit, which might in turn preclude his invest-
ment in a poor location.
74-758
City Hall~ Anaheim~ California - COUNCIL MINUTES - July 30~ 1974~ 1:30 P.M.
In answer to Mayor Thom, Ms. Richardson gave an example of the effect
which the requirement restricting service stations to at least 500-foot distances,
noting that at the intersection of La Palma and Magnolia, two of the three exist-
ing service stations would be considered non-conforming. She remarked that the
proposed requirement would restrict existing stations much more than control the
addition of new stations.
Councilman Pebley indicated he wasinclined to agree with Ms.
Richardson's position regarding the requirement to remove stations which are
vacant for 12 consecutive months, noting that some times industrial buildings are
vacant for this period of time.
Mayor Thom was of the opinion that this was not a fair comparison in
that service stations are a single purpose use type of structure.
Councilman Sneegas pointed out that by providing for two of three
existing gasoline stations at an intersection to be legal non-conforming 6ses,
the Council would be discouraging or prohibiting remodeling or upgrading of these
stations.
Mr. Joe Stransky, representing Western Oil and Gas Association, indi-
cated that the oil industr~ is in agreement with the City's goals and objectives.
He gave an additional example of an intersection in Anaheim at which two brand
new service stations would be legal non-conforming uses if the proposed ordinance
is adopted, since they would be within 500 feet of each other, and a third very
old rundown gasoline station on the opposite side of the street would not be
considered a non-conforming use.
Further he pointed out that by using 50% of fair market value as the
figure up to which the service station may remodel without obtaining conditional
use permit, has the effect of allowing less remodeling on the older stations
which are undoubtedly in more need and would cost more to update. Mr. Stransky
predicted that the current trend of replacing two service stations with one
larger station will not change.
Regarding the empty service stations, Mr. Stransky voiced the opinion
that it would not be judicious for Council to place a time limit on a vacant ser-
vice station since this could be interpreted as a special type of license to
maintain an empty building for a year. He pointed out that the vacant building
may constitute a nuisance or dangerous condition within a week or two or 24 hours
and should be removed at that point and not after an arbitrary period such as one
year. Furthermore, he pointed out that the oil industry has been cooperative in
removing structures that are contra-productive. He noted that the City of San
Jose is adopting an ordinance regarding dangerous buildings and the oil industry
is in favor of it as well as the ordinance adopted by the County of Sacramento
three months ago, the difference between the situations being that the San Jose
and Sacramento ordinances are applied to all buildings and not to service station
structures exclusively.
In answer to Councilman Seymour, Mr. Stransky advised that he does not
know the exact number of vacant service stations within the City of Anaheim. He
reported that the industry has done all they can to see that these vacated build-
ings are removed but that it is not always legally possible for the oil company
to take this action since there are various types of ownerships. In further
response to Councilman Seymour's comment that the last report he had seen indicated
15% of all service stations in Anaheim were vacant, Mr. Stransky assured him that
economic conditions have changed so that it is now a more profitable venture and
consequently less of the turn-over experienced in the past can be expected.
Councilman Seymour inquired regarding a specific service station site
at Orange Avenue and Brookhurst and asked if Mr. Stransky could explain why, when
a Mobile service station became vacant, a brand new Mobile station was constructed
on the opposite corner of the same intersection.
Mr. Stransky replied that it may have been a case of the operator
losing his lease or not being able to negotiate the desired terms for continuation
of a lease, and that the.re is always one corner out of the four in any intersection
which is superior to the other three for the purposes of marketing gasoline, and
in this instance, perhaps the opportunity presented itself to locate on the
optimum corner.
74-759
City ~all~ Anaheim~ California - COUNCIL MINUTES - July 30~ 1974~ 1:~0 P.M.
Councilman Sneegas remarked that he had personally observed over the
past two and one-half years that each time a request for service station const~ac-
tion came before the Council, the oil company involved had done something about
removal of one or two of their vacant service stations. He remarked that he con-
siders this proposed ordinance to be not as restrictive to the oil industry it-
self as it is restrictive against private property, which is a move against pri-
vate property that he, personally, does not favor.
In answer to Councilwoman Kaywood, Mr. Stransky explained that he
places no credence in population figures as a basis upon which to establish
service stations. He outlined several circumstances which would warrant develop-
ment of a service station, aside from any consideration of the area population,
and pointed out that Anaheim has many attractions which would Justify service
stations over any amount which the population figures would warrant as a '~orm".
The Mayor asked if anyone else wished to address the Council, either in
favor or in opposition to the proposed amendment to Title 18; there being no
response, declared the hearing closed.
Councilwoman Kaywood commented that in her opinion, it is the actions
of the service station owners themselves in severely over-building which has
made the proposed ordinance a necessity to provide some form of control, in order
to retain the City's appearance of viability and in order to look as though it
were not in a period of distress. She cited three specific examples of service
station sites which have gone out of business and vacated the premises leaving
behind parcels which are considered to be difficult to develop due to their size
and shape and, therefore, this is used as a basis to request Code waivers.
ORDINANCE NO. 3329: Councilwoman Kaywood offered Ordinance No. 3329 as proposed
and recommended by the City Planning Commission for first reading.
AN ORDIF,~NCE OF THE CITY OF ANAHEIM REPEALING SECTIONS 18.37.020, 18.40.020(b)3;
AMENDING SECTIONS 18.40.060(c), 18.52.020(43), 18.64.020(3)(e); AND ADDING
SECTIONS 18.37.020, 18.44.010B(3), 18.48.010B(3), 18.52.050(1)(i), 18.87.030.09
TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE, PERTAINING TO ZONING.
TENTATIVE TRACT NO. 8533 AND CONTINUED REQUEST RE: EXCEPTION TO SECTION 17.06.110(b)
(RECLASSIFICATION NO. 73-74-56~ VARIANCE NO. 2600~ ENVIRONMENTAL IMPACT REPORT NO.
L25): Developer, R. H. Grant Corporation; property located on the ~ou~h side of Nohl
Ranch Road, west side of Imperial Highway; containing 41 proposed R-H-10,O00
zoned lots; and request for exception to Section 17.06.110(b) as it relates to
said tentative tract.
On motion by Councilwoman Kaywood, seconded by Councilman Thom, action
on Tentative Tract No. 8533 and the request submitted regarding exception to
Section 17.06.110(b) as it relates to said tentative tract was continued to the
meeting of August 13, 1974 as requested by the Applicant. MOTION CARRIED.
PRIVATE PATROL PERMITS - VIEJO SECURITY SERVICES~ STOVER-MANNING SECURITY AND MAINTE-
NANCE: The following application for private patrol permits were submitted and granted
subject to provisions of Chapters 3.12 and 4.60 of the Anaheim Municipal Code, as
recommended by the Chief of Police, on motion by Councilman Pebley, seconded by
Councilman Sneegas:
a. Application by Mr. R~bert E. Barrick to conduct' private security
patrol and guard service in the City of Anaheim under the name VieJo Security
Services.
b. Application filed by Mr. Kenneth H. Stover for permit to condUCt
private patrol service in the City of Anaheim under the name Stover-Manning
Security and Maintenance.
MOTION CARRIED.
A~JSEMENT DEVICES PERMIT: Application filed by Robert Wayne Fellhauer, Acme Amusement
Company for Amusement Devices Permit to allow one pinball machine and one arcade
type machine at Stop and Go Market No. 46, 2806 West Lincoln Avenue, was sub-
mitred and granted, subject to provisions of Chapters 3.24 and 4.20 of the Anaheim
Municipal Code as recommended by the Chief of Police, on motion by Councilman
Seymour, seconded by Councilman Pebley. MOTION CARRIED.
City Hall~ Anaheim~ California - COUNCIL MINUTES -'July 30~ 1974~ 1:30 P.M.
REQUEST - WAIVER OF CODE REQUIREMENTS - CITY OF HOPE ICE CREAM SOCIAL: Request sub-
mitted by Mxs. Lucia Howe, Committee Chairman, Saddleback Chapter, City of Hope,
1600 West Broadway, No. 12B, for permission to hold an ice cream social at Pearson
Park on Sunday, August 4, 1974, from 12:00 noon to 7:00 p.m. for the benefit of
the City of Hope, Duarte, California, and further for waiver of facilities use
fees and permission to post advertisments in the park during the week of July 28,
1974, was submitted for Council consideration together with reports from the
License Division and Police Department, indicating no objections.
Memorandum from the Parks and Recreation Director recommends that the
request for waiver of the 15% gross receipts (facilities use fees) be granted and
further reports that he had contacted the Chairman and suggested the event be
scheduled for La Palma Park on the date requested, which meets with her approval.
On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the
City Council approved the request submitted by the Saddleback Chapter, City of
Hope, to hold an ice cream social at La Palma Park, August 4, 1974, from 12:00
noon to 7:00 p.m., and to waive the 15% gross receipts requirement and further to
allow posting of advertisements of said event the week of July 28, 1974 at the
park. MOTION CARRIED.
CANCELLATION OF BONDS~ RECLASSIFICATION NO. 59-60-62: Request of Mr. Robert Collins,
Creative Development Corporation, dated June 27, 1974, for authorization to
cancel Bond No. M-148, 942, which was posted to insure street improvements required
under Reclassification No. 59-60-62 and was posted by his firm when they entered
into an option escrow to purchase subject property, was submitted for Council
consideration. The communication further indicates that the escrow has never
been consummated, and the property title still in the name of the seller. Subject
property is located northeasterly of the intersectiom of Lincoln and Dale Avenues.
Also submitted were reports from the City Engineer and Development
Services Department recommending that should the most recent bond for street
improvements at subject location be released, that substitute bond be posted.
On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the
City Council authorized cancellation of Bond No. M-148, 942, posted in connection
with Reclassification No. 59-60-62, provided, however, that replacement bond is
posted. MOTION CARRIED.
Mrs. Frances Neville arrived later in the meeting and advised Council
that she has already acquired and submitted a substitute bond, which is subject
to approval by the City Attorney.
P. EqUEST - YORBALINDA CAB COMPANY TO OPERATE IN THE CITY OF ANAHEIM: Request of
Norman H. and Beverly A. Reynolds, Yorba Linda Cab Company, 17732 Calgary Avenue,
Yorba Linda, dated June 23, 1974, for permission to operate a taxi service in the
City of Amaheim, was submitted for Council consideration together with reports
from the City Attorney and Police Department.
The report from the City Attorney lists several specific areas of
information which were omitted from the application and advises that on this
basis, because of the incomplete application, approval is not recommended.
Mrs. Reynolds was present in the audience and was recognized by the
~yor. She advised that the Yorba Linda Cab Company does not wish to operate
from Amaheim but merely to return to pickup their own customers upon such request.
She reported that currently they are able to deliver their patrons within the
City Limits of Anaheim, but are not permitted to return to pick them up at their
request and therefore, they make this application in order to provide improved
service for their own customers.
In reply to Mayor Thom, Mrs. Reynolds stated that they would prefer to
have the matter continued to provide them the opportunity to complete their
application in accordance with the Code requirements.
City Attorney Watts referred Mrs. Reynolds to Section 4.72.030 of the
Anaheim Municipal Code which outlines requirements for application to conduct
taxi cab service in the City of Anaheim.
74-761
City Hall~ Anaheim~ California - COUNCIL MINUTES - July 30, 1974~ 1:30 P.M.
On motion by Councilwoman Kaywood, seconded by Councilman Thom, the
City Council continued decision on the request submitted by the Yorba Linda Cab
Company to August 27, 1974, pending submission of additional information to com-
plete application in accordance with Section 4.72.030 of the AnaheimM~nicipal
Code. MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at
their meeting held July 8, 1974, pertaining to the following applications were
submitted for City Council information and consideration:
1. VARIANCE NO. 2609: Submitted by Douglas Oil Company, to construct a two-
story commercial office building on C-1 zoned property, located at the northwest
corner of Magnolia Avenue and Ball Road, together with application for exemption
status from the requirement to file an environmental impact report, for Code
waivers of:
a. Minimum parking area landscaping adjacent to residential zone.
(Withdrawn)
b. Maximum building height within 150 feet of a single-.family zone.
c. Minimum number of off-street parking spaces. (Withdrawn)
The City Planning Commission, pursuant to Resolution No. PC74-137,
recommended that said project be declared exempt from the requirement to prepare
an environmental impact report pursuant to the provisions of the California
Environmental Quality Act and granted Variance No. 2609 in part only, waivers "a"
and "c" having been withdrawn, subject to conditions.
Councilwoman Kaywood offered the following comments relative to Variance
No. 2609. She pointed out that this.property was a former service station site
and was granted the waivers because it is a difficult piece of land to build on.
It is surrounded by residential uses and she voiced her concern as to what this
two-story office building will look like. She referred to the attractive one-
story building at the corner and inquired whether the plans for this property
would make it as attractive.
Mr. Roberts offered the plans on file for inspection and explained that
the Applicant proposes to construct the two-story building 20 feet from the R-1
boundary to the west. In conformance with a previously adopted area development
plan, a 20-foot alley will be provided which will eventually extend from Ball
Road to Rome Avenue. He noted that one of the reasons cited by the Planning Com-
mission in granting the waiver of maximum building height adjacent to an R-1
Zone, was that the houses in that particular subdivision are several years old
and there are many mature trees, 20 to 25 feet in height, immediately adjacent to
the property line, and this was considered to be an off-setting factor.
Councilwoman Kaywood remarked that she did go out and speak to the
residents in the area and, in general, they were not aware of what was happening;
but she personally is still concerned regarding the amount of property which is
being converted from residential to commercial uses. She suggested, in answer to
Councilman Seymour, that perhaps another front-on study should be initiated to
determine what uses might best be made of these properties.
Councilman Seymour pointed out that the alternatives for this corner
would be either a service station, which has proven to be unsuccessful, or a
7-11 type convenience market. He stated that he could not imagine anyone wanting
to live at the intersection of Magnolia Avenue and Ball Road. He concurred that
the variance is being granted because of a self-created hardship, but pointed out
that this occurred many years ago and realistically, some use should be made of
the property. He stated he could find no objection to this particular proposal,
and noted it would generate much less traffic than either a neighborhood conve-
nience market or a service station.
Councilwoman Kaywood maintained that she would prefer a one-story
building on subject property.
Mayor Thom asked Councilwoman Kaywood if she wished to request the
variance be set for public hearing, to which Councilwoman Kaywood replied nega-
tively.
74-762
City Hall, Anaheim~ California - COUNCIL MINUTES - July 30~ 1974~ 1:30 P.M.
ENVIRONMENTAL IMPACT - NEGATIVE DECLARATION: On motion by Councilman Sneegas,
secom~ed by Councilman Seymour, the City Council finds and determines that this
project will have no significant effect on the environment and is therefore
exempt from the requirement to prepare an environmental impact report. MOTION
CARRIED.
The City Council took no further action on Variance No. 2609.
2. CONDITIONAL USE PERMIT NO. 1474: Submitted by Burton MoranProperties to
establish a stucco processing facility on M-1 zoned property located on the north
side of Via Burton, west of State College Boulevard, together with application
for negative declaration status from the requirement to prepare an environmental
impact report.
The City Planning Commission, pursuant to Resolution No. PC74-138,
recommended that the request for negative declaration status from the requirement
to file an environmental impact report be denied on the basis that the nature of
the proposed business establishment is such that environmental impact report
should be required and further denied Conditional Use Permit No. 1474..
The City Council took no action on Conditional Use Permit No. 1474 and
the application for exemption declaration status submitted therewith.
3. VARIANCE NO. 2601 AND ENVIRONMENTAL IMPACT REPORT NO. 124 (SUPPLEMENT TO
MASTER ENVIRONMENTAL IMPACT REPORT NO. 80): Application by Woodbine Corporation
for the following Code waivers to establish an 87-1ot, R-1 subdivision on R-A
zoned property located on the north side of Serrano Avenue, east of Nohl Ranch
Road, was submitted together with E.I.R. No. 124 (Supplement to E.I.R. No. 80):
a. Requirement that single-family residential structures rear on an
arterial highway.
b. Minimum lot width on a cul-de-sac. (Withdrawn)
c. Minimum lot width. (Withdrawn)
d. Minimum lot area. (Withdrawn)
The City Planing Commission, pursuant to Resolution No. PC74-139,
reco,,-ended that the Council certify E.I.R. No. 124, Supplementing Master E.I.R.
No. 80, is in conformance with the City and State Guidelines and the State of
California Environmental Quality Act and further granted Variance No. 2601, in
part only, waivers "b", "c" and "d" having been withdrawn, subject to conditions
and further recommending that the City Council rezone the property to the RS-5000
Zone rather than the R-2 Zone for which there is a resolution of intent.
Councilwoman Kaywood remarked that from her review of E.I.R. No. 124,
she felt that the section on alternatives was deficient in that the developer had
not addressed a lower density or alternative use of the property, but instead
refers to the fact that it is already graded and no other uses would be practi-
cable. She stated that it disturbs her greatly that the property drains into the
nature preserve and golf course, and specifically wanted to know what effect this
will have on the trees and whether or not there is a better way to drain the
property than through the park. She pointed out that Page No. 13 of the E.I.R.
indicates there would be inadequate fire protection.
In response to these comments, City Engineer Maddox advised that Oak
Canyon Park has been improved with a number of check dams and boulders held in
place with mortar, which have to date, served very well as a natural drainage
control facility, and he could foresee no problems barring a major flood condition.
In regard to the homes themselves, Councilwoman Kaywood questioned the
number which are proposed with six- to ten-foot setbacks and whether these homes
will have gutters and downspouts and also whether there would be any storage or
parking provided for recreational vehicles.
Mr. Roberts replied that the developer does not propose an area for
recreational vehicles and the lots are not wide enough to permit parking of these
on the side of the houses. A number of homes are proposed with six- to ten-foot
setbacks. Mr. Roberts related the zoning history of the property, indicating that
subject property was approved for R-2 zoning under the Planned Community; however
7/+-763
F
F
Cit.7 Hall} Anaheimm California - COUNCIL MINUTES - July 30} 1974~ 1:30 P.M.
subject developer originally requested an R-1 Zone, but at the Planning Commis-
sion hearing, on their recommendation, decided to build in conformance with the
RS-5000 standards and this enabled him to withdraw waivers '%", "c" and "d".
Mayor Thom pointed out that there are only two courses which Council
may follow at this point, these being either to take no action or to set subject
variance for public hearing.
Councilwoman Kaywood requested that Variance No.'2601 be scheduled for
public hearing.
No further action was taken on E.I.R. No. 124 and Tentative Tract No.
7918, Revision No. 1, as these items will be considered in conjunction with
Variance No. 2601.
4. ENVIRONMENTAL IMPACT - CATEGORICAL EXEMPTIONS: On motion by Councilman
Sneegas, seconded by Councilman Pebley, the City Council ratified the determina-
tion of the Director of Development Services that the activities proposed in the
following actions fall within the definition of Section 3.01, Class Nos. 1, 2 or
3, of the City of Anaheim Guidelines to the requirements for an environmental
impact report, and are therefore categorically exempt from the requirement to
file said report:
Variance No. 2615
Variance No. 2616
Variance No. 2617
Variance No. 2619
Conditional Use Permit No. 1476
Conditional Use Permit No. 1477
Conditional Use Permit No. 1478
MOTION CARRIED.
5. VARIANCE NO. 2615: Submitted by Mr. and Mrs. Gilbert Schroder to expand an
existing non-conforming photographic studio on C-O zoned property, located on the
west side of Harbor Boulevard, south of Santa Ama Street, with Code waivers of:
a. Permitted uses in the C-O Zone.
b. Minimum side yard setback.
c. Minimum number of parking spaces.
d. Maximum wall height.
The City Planning Commission, pursuant to Resolution No. PC74-140,
granted said variance subject to conditions.
6. VARIANCE NO. 2616: Submitted by Brookhurst Apartment Fund Limited to con-
tinued the use of four existing signs on g-3 zoned property, located at the
southeast corner of Crescent Avenue and Valley Avenue with Code waivers of:
a. Maximum sign area.
b. Maximum number of signs permitted.
The City Planing Commission, pursuant to Resolution No. PC74-142,
granted said variance, subject to one condition.
7. VARIANCE NO. 2617: Submitted by Village Inn Investors to construct a free-
standing sign in the C-O Zone on property located on the north side of Center
Street, east of Coffman Street with Code of:
a. Permitted signs.
The City Planning Commission, pursuant to Resolution No. PC74-144,
granted said variance subject to one condition.
8. VARIANCE NO. 2619: Submitted by Weyerhaeuser Company, Tacoma, Washington, to
construct a free-standing sign on M-1 zoned property located on the south side of
Cerritos Avenue, west of Lewis Street, with Code waiver of:
74-764
City Hall~ Anaheim~ California - COUNCIL MINUTES - July 30~ 1974~ 1:30 P.M.
a. Permitted location.
The City Planning Commission, pursuant to Resolution No. PC74-143,
granted said variance, subject to one condition.
9. CONDITIONAL USE PERMIT NO. 1476: Submitted by Orange Savings and Loan to
establish an office in an existing residence on C-O zoned property, located at the
southwest corner of Santa Ana Street and Harbor Boulevard with Code waivers of:
a. Requirement that all parking shall be provided to the rear of the
residential structure.
b. Vehicular access dedication.
c. Maximum wall sign area.
d. Minimum sideyard setback.
e. Maximum number of wall signs.
The City Planning Commission, pursuant to Resolution No. PC74-141,
granted conditional use permit in part only, approving waivers "a", "c", "d" and
"e" for a period of 18 months, subject to conditions and recommended to the City
Council that waiver "b" (vehicular access dedication) be approved for a period of
18 months.
On motion by Councilman Thom, seconded by Councilman Seymour, the City
Council approved waiver from Section 18.38.040(3)(e) - Vehicular Access Dedication,
for a period of 18 months, for temporary access only to be utilized in conjunction
with the temporary offices, as recommended by the City Planning Commission.
MOTION CARRIED.
10. CONDITIONAL USE PERMIT NO. 1477: Submitted by James Alderson to establish
an automobile repair facility on M-1 zoned property located at the northwest cor-
ner of Lacy Avenue and East Street.
The City Planning Commission, pursuant to Resolution No. PC74-145,
granted said conditional use permit subject to conditions.
11. CONDITIONAL USE PERMIT NO. 1478: Submitted by John Pennino to establish an
automobile rental agency in conjunction with an existing carwash and gasoline
sales facility on R-A zoned property located on the south side of Katella Avenue,
east of Harbor Boulevard.
The City Planning Commission, pursuant to Resolution No. PC74-146,
granted said conditional use permit, subject to conditions.
12. VARIANCE NO. 2589 - TERMINATION: Submitted by S. V. Hunsaker, Jr., to
establish a sandwich shop and deli with on-sale beer and wine in an existing
industrial complex on M-1 zoned property located at the southwest corner of
Orangethorpe and Placentia Avenues, with Code waiver of:
a. Permitted uses in the M-1 Zone.
The City Planning Commission by motion, terminated said variance at the
request of the petitioner.
13. VARIANCE NO. 2267 - EXTENSION OF TIME: Submitted by Robert D. Ricks, Attorney
~epresenting Mr. L. V. Bostwick, Owner, requesting an extension of time to permit
continuance of existing outdoor service facilities and use of a mobilehome as a
office on C-1 zoned property, located at the northwest corner of Midway Drive and
Anaheim Boulevard.
The City Planning Commission granted a one-year extension of time for
said variance, expiring July 20, 1975.
14. CITY PLANNING COMMISSION RESOLUTION NO. PC74-149 - RESCINDING RESOLUTION
NO. PC74-115: City Planning Commission Resolution No. PC74-149 was submitted,
rescinding Resolution No. PC74-115 which originally was adopted to amend Resolu-
tion No. PC71-58, nunc pro tunc. Subsequently, the City Attorney ruled that the
adoption of Resolution No. PC74-115 was improper because the error was not cleri-
cal in nature but simply a matter of the wrong legal description being submitted
to the City, and therefore should be rescinded.
74-765
.Hall~ Anaheim~ California - COUNCIL MINUTES - July 30~ 1974~ 1:30 P.M.
15. COUNCIL ACTION: The foregoing applications (Item Nos. 4 through 14) were
reviewed by the City Council and no further action was taken.
16. CHINO HILLS PRESERVE AREA: Request which was submitted by Rancho Santa Aha
and the Anaheim Union Water Company to the Orange County Planning Commission for
redesignation of certain property in Santa Aha Canyon and Chino Hills from
"Preserve" to "Planning Reserve" on the 1983 Land Use Element of the Orange
County General Plan, was submitted for Council consideration. Said property is
located northwest of the intersection of the Santa Aha River and the Orange
County boundary line, and consists of approximately 4,200 acres.
Also submitted was the recommendation of the City Planning Commission
from their meeting held July 8, 1974, that the City Council recommend to the
Orange County Planning Commission that the proposed amendment to the 1983 L~d
Use Element of the Orange County General Plan be denied, on the basis that
redesignation of the subject area from "Preserve" to "Planning Reserve"would be
extremely premature and that planning and development in this area should be
discouraged until further study has shown it would be consistent with regional
land use planning and growth policies.
On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the
City Council sustained the recommendation of the City Planning Commission and
authorized the Orange County Planning Commission be advised of said recommendation
for denial. MOTION CARRIED.
REQUEST FOR APPROVAL OF RIBBED-STEEL TYPE NOISE BARRIER - ANAHEIM SHORES (RECLASSIFI-
CATION NO. 73-74-36~ ENVIRONMENTAL IMPACT REPORT NO. 113}: Request of Mr. Jim
Christiansen, 611 North Mountain Avenue, Upland, representing Matreyek Homes, to
be permitted to construct a ribbed-steel type noise barrier in compliance with
requirements of Title 17, Section 17.08.354, regarding provisions for earthen
berm adjacent to freeway right-of-way, rather than the masonry wall and earthen
berm combination specified in said sections of the Anaheim Municipal Code, was
submitted for Council consideration. Also submitted was the recommendation from
the City Planning Commission that the proposed ll-foot high ribbed-steel barrier
is acoustically adequate for sound attenuation purposes and said material would
be aesthetically acceptable since only 80% of the wall could be viewed by the
adjacent freeway because of plant growth and further because said wall would not
be viewed in significant portions from the mobile home community.
Councilwoman Kaywood left the Council Chambers. (2:50 P.M.)
Mr. Roberts explained that the developer of the property, in accordance
with the Zoning and Land Use Elements presented for the Anaheim Shores planned
community zoning on property located on the west side of Euclid Street, north
side of La Palma Avenue, intends to submit an application for conditional use
permit to develop a mobile home park on a portion of this property. In connec-
tion therewith, it is anticipated that a condition will be imposed requiring an
il-foot barrier adjacent to the freeway for noise attenuation purposes. Such
barrier was also mentioned in E.I.R. No. 113 which was submitted in connection
with Reclassification No. 73-74-36.
Councilwoman Kaywood returned to the Council Chambers. (2:55 P.M.)
Mr. Jim Christiansen explained that the Code requirement for a combin-
ation of earthen berm and masonry wall would require, along the north boundary of
the proposed mobile home park, a 28-foot wide space. He advised that when they
discussed this situation with the State Department of Highways and proposed to
place one-half of the berm and wall combination on the freeway property and one-
half on their property, the Highway Department rejected this plan since they have
heavily planted landscaping along this section with mature trees and plants.
Further he noted that although the plot plan indicates a Jog in the property
line, when the site itself is actually surveyed, it was discovered that this Jog
did not exist which resulted in the loss of several mobile home spaces from the
original plan. In addition, the realignment of Coronet Avenue eliminated several
spaces. Because of these reductions, the total number of mobile home spaces at
this time is 264 and if an additional 30 spaces are lost in order to provide the
space to construct an earthen berm and masonry wall combination, the project
would no longer be financially feasible for his firm. Therefore, for these
74-766
City Hall, Anaheim~ California - COUNCIL MINUTES - Jul~ 30~ 1974~ 1:30 P.M.
reasons, they are proposing to install instead, an ll-foot ribbed-steel wall
which, Mr. Christiansen advised, is judged to have the same sound attenuation
capabilities as the masonry wall-earthen berm combination and is, in his opinion,
aesthetically superior. He also pointed out that an additional benefit of the
steel wall is that there will be additional space left behind the mobile homes
along its length which could be landscaped and used for outdoor recreational
activities by the residents.
Mr. Christiansen advised that the noise buffering abilities of the pro
posed steel wall have been tested and approved by the State Division of Highways
and their firm had a study performed as well. He advised that most of the noise
problem adjacent to the freeway will be associated with what comes over the wall
and impacts the mobile home on the other side at a 45 degree angle from the top
of the wall. Because of this factor, he remarked that the steel wall which would
allow placement of the trailers closer to the fence and inside the 45 degree
angle, would provide a more quiet environment for the first row of mobile homes
than the combination wall and berm. Mr. Christiansen advised that he considers
the steel wall superior to the earthen berm masonry combination acoustically,
structurally and safety wise. He pointed out that this ll-foot steel wall will
only be partially seen from the freeway side because of the mature plantings and
that they proposed to provide an earthen berm on the street dividing the mobile
home community from the condominiums, so that only the residents of the mobile
home park itself, would view this wall. Mr. Christiansen displayed a slide which
showed an artist's rendering of the proposed fence as it would appear from the
mobile home park and submitted photographs of various building exteriors which
were partially or completely constructed of this material. (These were reviewed
by Council and returned.) Mr. Christiansen introduced Mr. Larry Daniels from the
Kaiser Steel Company to answer any questions which Council may have regarding the
proposed barrier.
Mr. Daniels, in answer to Council questions, advised that the finish of
the proposed fencing material is applied to the coil of steel at the mill before
it is made into siding material, which allows adequate cleaning of the steel and
the application of modern finishes. The fence which is proposed will be made of
a galvanized steel which is impervious to rust and is available in many colors.
He advised that the material does not have any unusual sound reverberation proper-
ties other than the natural frequency found in all building materials. He reported
that there are two methods which may be used to erect the barrier, i.e., with
cemented posts and top rail; or with each sheet cantilevered, and the method used
would be selected on an aesthetic basis. Each individual panel is two-feet wide
and the connecting joints between the panels are not visible. The predominant
feature is the ribbed effect. Mr. Daniels advised that the material would have a
written 20-year guarantee and that it would be a relatively simple matter to
repaint or replace damaged panels.
At the conclusion of discussion of the material to be used in the pro-
posed ll-foot barrier with Mr. Daniels, Councilman Seymour remarked that inasmuch
as the proposed material and technique as described would be adequate for noise
attenuation and perhaps an aesthetic improvement, he felt that the Council should
accept same as a substitute for the masonry wall and berm, and thereupon, moved
that the City Council grant a waiver of Section 17.08.354 of the Anaheim Municipal
Code which specifies an earthen berm with combination of decorative masonry wall
with wood or stone, on the basis that the proposed barrier would be the equivalent
of these materials and further directed the Development Services staff to prepare
an amendment to Section 17.08.354 to permit other building materials, for Council
consideration. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
PRESENTATION - INDUSTRIAL SURVEY RESULTS: (Complete copy of report on file in the
Office of the City Clerk) Mr. David Narver, Chairman of the Economic Development
Council, Anaheim Chamber of Commerce, reported that the project, undertaken last
year in response to the Economic Development Council's objective to ascertain
what should be done to attract the businessmen to Anaheim and to influence those
businessmen already operating in Anaheim to continue in the City with any planned
expansion, is now complete, and a survey compiled by the students of the School
of Business, California State University, Fullerton, under the direction of Dr.
William J. Tater and Professor Jack A. Wichert, is ready for presentation to the
Council.
74-767
Hall, Anaheim, California - COUNCIL MINUTES - July 30, 1974, 1:30 P.M.
Mr. Narver s,,mmmrized that the School of Business Administration and
Economics, California State University, Fullerton, presented a proposal to cou-
duct this survey of businesses in Anaheim. Consequently, last October, the sum
of $2,500 was approved by the City Council for the costs associated with this
survey. Mr. Narver introduced Mr. Jack A. Wichert, who briefly summarized the
survey.
Mr. Wichert advised that field interviews were conducted by the students
with the aid of a 127 point interview guide. They interviewed a total of 160
firms selected at random, including 100 manufacturing firms, 20 retailers, 20
wholesalers and 20 service institutions (banks, restaurants, etc.). He reported
that a great deal of interest in the survey was evidenced in the business com-
munity.
The objectives of the study were to provide the Economic Development
Council of the Anaheim Chamber of Commerce with the information which would en-
able them to:
1. Attract new businesses to Anaheim and thus improve the City's tax
base; encourage existing businesses to remain in Anaheim and expand
their operation.
2. To identify those supporting industries (goods and services) nec-
essary to maximize the effectiveness and profitability of present
commercial establishments.
3. To identify additional public and private goods and services that
will enhance the life style of residents of Anaheim and surrounding
Orange County.
Professor Wichert related that the conclusions of the survey were that
people in business in Anaheim are happy with their location. They indicated that
they would, if they were to start over again, select Anaheim as their place of
business. He enumerated several of the specific favorable comments received from
the industrialists as well as the comments relative to things they would like to
see changed. One of the most disturbing facts discovered in the study, according
to Mr. Wichert, was that although from the years 1968 through 1972 the number of
new manufacturing firms in the City has increased, the number of new jobs avail-
able in manufacturing industry has declined. Also, Mr. Wichert related that it
appeared from the survey that a disproportionate number of people who own busi-
nesses in Anaheim live elsewhere. Further he indicated that the Anaheim indus-
trial parks are not as effective in attracting new businesses as they are in
other communities and gave as a specific example the City of Irvine. Mr. Wichert
advised that the survey has resulted in 22 specific recommendations.
Mr. Wichert stated that the report in general was extremely favorable,
especially good indicators were that 80% of the respondents indicated that the
City of Anaheim has lived up to their expectations as a business location and 78%
replied affirmatively when asked if they would locate in Anaheim again. The
businessmen interviewed also reported that they were definitely satisfied with
sales and profits.
Mr. Wichert s-mm~rized specific comments relative to city government,
fire and police services, noting in particular that most of the business community
interviewed was not aware of Project '~lpha"; that the Anaheim Police Department
received strong endorsement; that the business community especially appreciated
the periodic inspection program initiated by the Fire Department; that only 58%
of the respondents utilized the commercial recreational facilities available in
Anaheim; and that again, a significant number of businessmen live outside the
City, and comments were made relative to the shortage of good apartments.
Councilman Seymour, upon learning from Mr. Wichert that the survey
questions were generally directed to the executive and management level of indus-
try, stated that the housing situation they were describing as inadequate refers
to more expensive homes and not housing for the average employee.
In conclusion, Mr. Wichert noted that the survey and the 22 recommenda-
tions have produced information and direction which should take two years to
implement; and that he would suggest the same type of survey be conducted after
that time period in order to make a comparative analysis of the results.
City~Hall~ Anaheim,. California - CO~NCIL MINUTES .- July 30~ 1974~ 1:30 P.M.
Councilman Seymour remarked that he found the report to be extremely
favorable for the City and that he considered the price paid extremely reasonable
in light of the information received. In order to assure that the recommenda-
tions and results of this study are put to use, he asked Mr. David Narver whether
the Economic Development Council would review the survey and recommendations for
implementation purposes.
Mr. Narver advised that the Economic Development Council would review
the report and make recommendations on the most effective implementation for each
of the areas involved.
The Mayor thanked and commended Mr. Wichert, Dr. Tater and the students
of the School of Business, California State University, Fullerton, for their
cooperation in this survey.
PETITION OPPOSING BUILDING PERMIT - SOUTHERN CALIFORNIA BAPTIST CHURCH (CONDITIONAL
USE PERMIT NO. 612): Petition containing approximately 250 signatures in opposition
to the granting of building permits for construction of a church and day school
facility on R-A zoned property, located on the north side of Orange Avenue, west
of Farm Street, was submitted together with report from the Development Services
Department.
Mr. Roberts summarized the report submitted indicating that at the time
this was prepared the Southern California Baptist Church had not yet applied for
a building permit, however anticipated development plans have been discussed with
the City Parks, Recreation and the Arts Department staff. Mr. Roberts related
that the City in 1968 instituted eminent domain proceedings to acquire subject
property for park purposes, however because of an agreement entered into with the
Church providing the City with an easement for ingress and egress to Chaparral
Park, plus the ability to jointly use the parking available with the Church,
these proceedings were terminated. In 1964 the City Council approved Conditional
Use Permit No. 612 to allow construction of the Church and day school, subject to
certain conditions with which the Southern California Baptist Church has already
complied.
The terms of the agreement between the City and the Southern California
Baptist Church, pursuant to Resolution No. 70R-416 on August 18, 1970, provide
that the Church, within five years from the date of said agreement, may proceed
with construction of the Church and day school as planned, however, if they decide
to abandon this proposal prior to the expiration of that time, or if the con-
struction does not take place prior to August 18, 1975, the City agrees to pay
$30,000 for subject property. The City has obtained the use of a portion of the
property for park access and parking through the granting of an easement and at
the same time, respects the approval which has been given for Conditional Use
Permit No. 612 to construct the Church and ancillary buildings.
The Mayor asked if any of the persons who signed the petition were pre-
sent. A number of people in the Council Chambers indicated their presence and
Mr. William C. Sielert, 1311 South Anaheim Boulevard, spokesman for the group
came forward.
Mr. Sielert advised that he had been one of the initiators of the peti-
tion and took exception to the assumption made in one of the staff reports that
the majority of the opposition to the granting of the building permit was from
.parents of children involved in the girl's softball league whose games are con-
ducted at Chaparral Park. He advised that the signatures on the petition sub-
mitted are from residents in the immediate area and their main objection to the
construction of this Church and day school facility is the existing traffic con-
gestion in the area and the fear of further overcrowding and lack of adequate
parking spaces. He maintained, notwithstanding the findings reported as Item No.
12 in the Development Services Department report by the Traffic Engineer "that
the traffic volume on Orange Avenue has remained constant since 1970", that he
personally lives on Orange Avenue and has observed a considerable increase in
traffic on that street.
Mr. Sielert further referred to photographs submitted with petition to
illustrate the number of cars using the parking spaces available in conjunction
with a girl's softball game. He remarked that the petitioners feel that the
parking spaces are not adequate for joint City and Church use.
74-769
Ci..ty Halla Anaheim~ California - COUNCIL MINUTES - July 30~ 1974t 1:30 P.M.
In answer to Councilman Seymour's question as to what the City's alter-
natives are, City Attorney Watts counseled that inasmuch as the City had entered
an agreement with the Church in 1970, which agreement spells out in detail cer-
tain terms, one of which being that the Church has the prerogative until August 18,
1975 to construct the proposed facility as approved under Conditional Use Permit
No. 612, this would appear to be a legally binding agreement.
Further discussion was held between the Council and City Attorney rela-
tive to the possibility, should the Church desire further variances for Code
waivers, that this would destroy the binding quality of the original agreement.
Counailman Seymour suggested that the City ascertain whether or not they have
another property suitable for the Church's purpose which they might offer in
exchange for subject property.
Mayor Thom felt his concern that the petitioners be made aware of the
agreement between the Church and the City, had been satisfied.
At the conclusion of Council discussion, Councilman Seymour summarized
~h~t the City has three alternatives to explore in regard to this.situation,
these being:
1. Negotiate to purchase the property prior to August of 1975 in
accordance with the terms of the agreement.
2. To wait until August of 1975, anticipating that no construction
will take place, and the City would then be able to purchase the
property in the terms of the agreement.
3. To offer another City-owned property in exchange.
The Mayor advised Mr. Sielert that the City staff would investigate
each of these possibilities together with representatives of the Southern Calif-
ornia Baptist Church and would notify him as to the results.
RESOLUTION NO. 74R-372 - DEEDS OF EASEMENT: Councilman Thom offered Resolution No.
74R-372 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE 'CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS
AND ORDERING THEIR RECORDATION. (Harvey, Morris and Searles; Harvey, Mmrris and
Searles; Harvey, Morris and Searles; American National Housing Corporation; C.C.
& F. Commercial Systems, Inc.; Hancock Laboratories, Inc.; HNS-CRS Development
Company)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 74R-372 duly passed and adopted.
PROPOSAL FOR SELF INSURANCE - WORKNEN'S COMPENSATION - R. L. KAUTZ & COMPANY: The
Assistant City Manager reported that, as authorized by the City Council several
months ago to explore and contact firms concerning a self-insurance program for
Workmen's Compensation, a Committee consisting of the City Attorney, Finance
Director, Personnel Director, Safety Coordinators and Assistant City Manager was
established which reviewed the proposals received. He reported that as a result
of their review, the Committee has unanimously recommended that the City Council
accept the proposal submitted by R. L. Kautz & Company, for total bid of $17,900
per annum which includes six days of safety engineering and legal service arrange-
ment services for one year. In addition, monthly claim reports are provided plus
periodic reports on accident trends and other data. This proposal is recommended
since it is felt they will perform the best Job for the City's total safety
program and will provide safety engineering and management reports which will
outline the necessary information to enable the City to save dollar costs in the
insurance program and at the same time has the reputation of providing services
in an efficient manner for employees.
74-770
Cit Hall~ Anaheim, California - COUNCIL MINUTES - July 30~ 1974~ 1:30 P.M.
Councilman Seymour asked if any number amount was considered in the
City's analysis and how this bid amount compares in relation to that amount.
Mr. Davis replied that the Committee found the figures submitted for
claim adJuztment services to be much lower than anticipated, although no dollar
amount was established in the analysis. Further he pointed out that these figures
did not include a recommendation, which will be made separately, for excess
coverage.
Mr. Davis advised that a strong safety program is recommended in con-
Jumction with the self-insurance program to insure from a management standpoint
that the City is doing all that it can to reduce accidents and thereby realize
dollar savings. Another part of the savings produced from the self-insurance
program will be derived from investment of funds which would normally have been
paid to the State Compensation Insurance Fund. He related that experience in
other cities has been that a savings of 40% of previous premium costs were
realized.
Councilman Thom indicated that the low bidder at $10,500 per year indi-
cates no exception to the specifications and questioned why this company was not
recommended.
Hr. Davis stated that inasmuch as this is a professional service the
price quotation was taken into consideration, but emphasis was also placed on the
type of management reports and information which would be provided, which could
mean dollar savings for the City ultimately, if not immediately. In addition R.
L. Kautz & Company has offered some legal services in their quotation.
In answer to Mayor Thom, Mr. Davis advised that this additional legal
service was not called for in the specifications but was an option which this
particular firm said they would provide. Mr. Davis stated he would describe the
information given to the potential consultants not as bid specifications per se,
but rather they were more in the nature of a request for proposals with certain.
items indicated which the City would require. He further advised that although
he could not esttm~te for Council at this time how many thousands of dollars
would be saved as a result of the self-insurance program, he could give assurance
that there would be a saving of money.
Due to requests made by Mayor Thom and Councilman Seymour for an addi-
tional week to allow time for review of the proposals, by general consent, fur-
ther consideration of the self-insurance proposals for Workmen's Compensation was
deferred to the meeting of August 6, 1974.
Councilmen Seymour and Pebley left the Council Chambers. (4:20 P.M.)
RESOLUTION NO. 74R-373 - AGREEMENT AND CONTRACT FOR ELECTRIC LINE RELOCATION - GRISSOM
AND JOHNSONm INC. (BALL ROAD BETWEEN MAGNOLIA AND BEACH): Mr. Davis reported that a
memorandum has been received from the Utilities Director recommending that a con-
tract be awarded to Grissom and Johnson, Inc., in an amount not to exceed $57,000
for relocation and reconductoring of a 12 KV circuit and conversion to 4-wire
operation on Ball Road between Magnolia and Beach Boulevard, in connection with
the Ball Road Street Widening Project. Existing crews are not sufficient to com-
plete this work in time to meet the completion of the road widening Job and
it is, therefore, recommended that the contract be awarded to Grissom and Johnson,
Inc.
RESOLUTION NO. 74R-373: Councilman Sneegas offered Resolution No. 74R-373 for
adoption, approving the terms and conditions of an agreement with Grissom and
Johnson, Inc., to perform electric line relocation and reconductoring work.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND
CONDITIONS OF AN AGREEMENT EMPLOYING GRISSOMAND JOHNSON, INCORPORATED, TO PER-
FOIhMWORK ON ELECTRIC LINES ON BALL ROAD FOR THE CITY OF ANAHEIM, AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. (Not to exceed $57,000)
Roll Call Vote:
7&-771
!:ity Hall~ Anaheimm California - COUNCIL HINUTF~ July 30~ 1974m !:30 P.M.
AYES
NOES
TEMPORARILY ABSENT
ABSENT
COUNCIL MEMBERS:
COUNCIL NEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kayvood, Sneesas and Thom
None
Seymour and Pebley
None
The Mayor declared R~solution No. 74R-373 duly passed and adopted.
CLAIM AGAINST THE CITY: Claim filed by Stalls Czerniawski for personal in]u~$ee pur-
portedly sustained as a result of the failure of City of Anaheim to provide pro-
per supervision and crowd control at the Anaheim Convention Center, on or about
June 13, 1974, was denied as recommended by the CitY Attorney and ordered referred
to the insurance carrier, on motion by Councilman Thom, seconded by Councilwoman
Kaywood. MOTION CARRIED.
CORAE~POND.R~CE: The following correspondence was ordered received and filed, on
motion by Councilman Thom, seconded by Councilman Sneesas:
a. United States of America - Federal Power Commission - Notice of
Extension of time and Postponement of Hearing - Southern California Edison
Company.
b. City of Villa Park - Resolution No. 74-346 - Expressin$ opposition
to AB 3745 whichwould prohibit cities from licensing businesses located outside
a city which derive less than $10,000 gross receipts from business done within
a city.
c. Anaheim Public Library Board -Minutes - June 17, 1974.
d. Community Redevelopment Commission - Minutes - July 10, 1974.
s. Airport Land Use Commission for Orange County - Notice of Meeting,
July 18, 1974.
Airport Land Use Commission for Or&n~e County - Minutes - July 11,
1974.
MOTION CARRIED.
Councilman Seymour returned to the Council Chambers. (4:23 P.M.)
ORDINANCE NO. 3324: Councilman Sneegas offered Ordinance No. 3324 for adoption.
Refer to ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 18, CHAPTER 18.28, SECTION
18.28.050(10) AND ENACTING A NEW TITLE 18, CHAPTER 18.28, SECTION 18.28.050(10)
RELATING TO ZONING. (R-2 Multiple-Family Residential Zone, Off-Street Perkins
Requirements; minimum number and type of parking spaces, minimum dimensions of
parkin~ spaces)
Roll Call Vote:
AYES:
NOES:
TEMPORARILY ABSENT:
ABSENT:
COUNCIL MEMBERS:
COUNCIL HEMBERS:
COUNCIL MEMBERS:
COUNCIL HEMBERS:
Kaywood, Seymour, Sneegas and Thom
None
Pebley
None
The Mayor declared Ordinance No. 3324 duly passed and adopted.
ORDINANCE N0. 3325: Councilwoman Kaywood offered Ordinance No. 3325 for adoption.
Refer to Ordinance Book,
AN OP~INANCS OF THE CITY OF ANAHELMAM~ING TITLE 14, CHAPTER 14.32, SECTION
1&,32,190 PERTAINING TO PA~KING. (No Parkin~ ~C ~y T~e - Winston Road, both
e%del, from 8~aCe College Boulevard to Vernon Street; Vernon Street, both sides,
~rom Cerri~os Avenu~ co ~ins~on ~ad)
Roll Call Vote~
AYES: CO~NCILM~M~ERS:
TE~POLIItILYABSENT: COUNCIL MEMBER~:
ABSENT: COUNCIL HEMBER~:
Eaywood, Seymour, Sueasas and Thom
None
Pebley
None
The Mayor declared Ordinance No. 3325 duly passed and adopted.
74-77z
City ~{al.l~ Anaheim~ Cal~ifo.rnia - COUNCIL MINUTES July 30~ 1974~ 1:30 P.M.
Councilman Pebley returned to the Council Chambers. (4:25 P.M.)
ORDINANCE NO. 3326: Councilman Thom offered Ordinance No. 3326 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
COD~- R~LATINC-TO ZONING. (63-64-90 (3) - C-O)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Pebley, Sneegas and Thom
None
None
The Mayor declared Ordinance No. 3326 duly passed and adopted.
ORDINANCE NO. 3327: Councilwoman Kaywood offered Ordinance No. 3327 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONINC. (72-73-51 (9) - R-M-22,000)
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Seymour, Pebley, Sneegas and Thom
None
None
The Mayor declared Ordinance No. 3327 duly passed and.adopted.
ORDINANCE NO. 3328: Councilman Sneegas offered Ordinance No. 3328 for adoption.
Refer to Ordinance Book.
AN oRDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING. (70-71-5 (2) - M-i)
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Seymour, Pebley, Sneegas and Thom
None
None
The Mayor declared Ordinance No. 3328 duly passed and adopted.
ORDINANCE NO. 3330: Councilwoman Kaywood offered Ordinance No. 3330 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING. (71-72-36 - M-i)
ORDINANCE NO. 3331: Councilman Seymour offered Ordinance No. 3331 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING. (69-70-45 - C-i)
ORDINANCE NO. 3332: Councilwoman Kaywood offered Ordinance No. 3332 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENUING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING. (72-73-51 (10) - R-H-22,000)
ORDINANCE NO. 3333: Councilman Sneegas offered Ordinance No. 3333 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING. (65-66-24 (17) - M-l)
74-773
City Hall~. Ans_heim~ California - COUNCIL MINUTES July 30~ i974t 1:30
ORDINANCE NO. 3334: Councilman Sneesas offered Ordinance No. 3334 for ftrs~ ~e~t~.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM ~NICIP&L
CODE R~LATING TO ZONING. (62-63-41 (2) - C-l)
ORDINANCE ~O. 3335: Councilman Sneegas offered Ordinance No. 3335 for first feeding.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM~NICIPAL
CODE RELATING TO ZONING. (70-71-53 (2) - RS-5000)
HEMBERSHIP - SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS: Council communication
from the City Manager's Office was submitted recommending that the City Council
consider membership in Southern California Association of Governments (SCAG).
Mr. Davis advised that it is their analysis of the situation, that since this
Organization is now recognized as the regional planning body and since they are
responsible for the development of area-wide plans in transportation, criminal
Justice and other areas, and are the recognized agency by the Federal and State
Governments for reviewing and approving grant requests, it is recommended that it
would be to the City of Anaheim's advantage to participate as a full member.
Mayor Thom further pointed out that the annual membership fees are
$2,434 per year', based on population.
Mayor Thom moved that the City of Anaheim Join the Southern California
Association of Governments, and that the Finance Director be authorized to issue
a warrant for annual membership fee in the amount of $2,434. Councilwoman Kaywood
seconded the motion.
On Roll Call Vote requested by Councilman Sneegas, the foregoing motion
carried by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL HEMBERS:
COUNCIL MEMBERS:
MOTION CARRIED.
Kaywood, Seymour and Thom
Pebley and Sneegas
None
Councilman Thom nominated Councilwoman Kaywood as delegate to the
Southern California Association of Governments.
Councilwoman Kaywood nominated Councilman Seymour as alternate to the
Southern California Association of Governments.
Councilman Thom moved that the nominations be closed and that Council
Members Ka~wood and Seymour be declared delegate and alternate respectively to
the Southern California Association of Governments. Councilwoman Kaywood seconded
the motion. MOTION CARRIED.
LF~qE OF PARKING SPACES - PACIFIC TELEPHONE AND TELEGRAPH COMPANY: Mr. John Harding,
Administrative Assistant, reported on request received from the Pacific Telephone
and Telegraph Company to lease approxtm-tely 110 to 120 parking spaces in public
lots owned and operated by the City of Anaheim for a temporary period of approxi-
mately 8 to 9 months, pending acquisition of additional property for use as
employee parking. He advised that the Pacific Telephone and Telegraph Company is
currently expanding their building and this construction is taking place on a
portion of their existing parking area. He reported that the City should be able
to accommodate this additional parking in Lot Nos. 4, 5 and 9 which are generally
only 25 to 50% occupied, and recommended that the Council authorize lease of
approximately 90 spaces in these three lots, for the standard permit fee of $6 '
per space per month. He suggested that a designated number of spaces in each lot
be provided by printing the lot number on each parking permit.
Councilman Sneegas moved that the City Attorney be instructed to draft.
an agreement between the City and Pacific Telephone and Telmgraph Company for
lease of parking spaces in Lot Nos. 4, 5 and 9 for a temporary period at $6 per
month per space. Councilman Seymour secondsd the motion. ~OTION CARRIED.
Ci__ty Hall, Anah.eim~ California - COUNCIL MINUTES - July 30~ 1974t 1:30 P.M.
REQUEST - LEAS~.OF PARKING SPACESt MADISON REAL ESTATE~ INC.: Mr. John Harding,
Administrative Assistant reported on request received from Ann T. Madison, Madison
Real Estate, Inc., 600 South Harbor Boulevard on behalf of one of her clients who
intends to relocate a law school at 135 South Lemon Street, however the site is
lacking adequate parking spaces. In this connection she proposes to lease approxi-
mately 40 parking spaces from the City, however since the standard 86 per month
per space fee is predicated on an 8-hour day, 5 to 6 days per week, and her
client would use these spaces from 7:00 to 10:00 p.m., 3 to 5 days per week, and
further inasmuch as the parking ordinance is not enforced during these hours and
these lots are not in use, she considers that a token or nominal fee would be in
order for said spaces.
Councilman Seymour moved that the City Attorney be directed to draft an
agreement with Madison Real Estate, Inc., for use of 40 City parking spaces by
the tenant at 135 South Lemon Street, during the hours of 7:00 to 10:00 p.m., 3
to 5 days 'per week at a fee of $1 per space per month. Councilman Thom seconded
the motion. HOTION CARRIED.
REQUEST - EXTEI~ION OF PARKING LOT HOURS: Request submitted by Denver West Marketing,
Inc., 113 South Clementine and Richard E. Huston, Architect, 109 South Clementine,
that parking hours in City Lot No. 5 be extended to permit parkin~ for an 8-hour
day, was submitted and following brief discussion, by general Council .consent,
this request was denied on the basis that these firms have the capability of pur-
chasing parking permits in the same manner as other businesses in the downtown
area which would permit their use of said parking lot for 8 hours as requested.
CORRESPONDENCE - CONGRESSMAN HINSHAW: Councilwoman Kaywood called attention to the
number of pieces of mail forwarded to each Council Member by Congressman Hinshaw
and urged that the Council call this to his attention as a waste of money, whereas
one copy of a communication would be sufficient to set forth his message.
PARKS~ RECREATION AND THE ARTS DEPARTMENT PRODUCTION "OKLAHOMA": Councilwoman Kaywood
commended the Anaheim Parks, Recreation and the Arts'Department and the Aha
ModJeska Players for their production of "Oklahoma".
COMPLAINTS REGARDING FIREWORKS DISPLAYS AT DISNEYLAND AND AT THE ANAHEIM STADIUM BY
THE CALIFORNIA SUN: Councilwoman Kaywood submitted correspondence which she received
from Mr. and Mrs. V. Steininger, 3.00 North Rampart Street, No. 26, Orange, indi-
cating their displeasure with the fireworks display at Anaheim Stadium by the
California Sun and by Disneyland because of the associated noise and air pollu-
tion. She requested that copies of said letter be forwarded both the California
Sun and Disneyland.
PERMISSION TO LEAVE THE STATE: On motion by Councilman Thom, seconded by Councilman
Sneegas, Councilwoman Raywood was granted permission to leave the State for 90
days. MOTION CARRIED.
RECESS - EXECUTIVE SESSION: Councilman Pebley moved to recess to Executive Session.
Councilman Seymour seconded the motion. MOTION CARRIED. (4:45 P.M.)
AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being
present. (5:13 P.M.)
ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Sneegas seconded the
. motion. NOTION CARRIED.
Adjourned: 5:13 P.M.
Ci~ Clerk