1976/06/15
76-40Q
City Hall. Anaheim. California - COU~CIL MINUTES - June 15, 1976, 1:30 P.M.
The City Council of the City of Anaheim 1"1et in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL HEMBER.S: Kaywood, Seymour, Kott, Roth and Thom
COUNCIL MEMBERS: None
ASSISTANT CITY }~NAGER: William O. Talley
CITY ATTORNEY: Alan R. Watts
DEPUTY CITY CLERK: Linda D. Roberts
PUBLIC WORKS DIRECTOR: Thornton Piersall
PERSONNEL DIRECTOR: Garry O. McRae
UTILITIES DIRECTOR: Gordon Hoyt
ELECTRICAL SUPERINTE1IDENT: George Edwards
CITY ENGINEER: James P. Maddox
ZONING SUPERVISOR: Annika Santalahti
Mayor Thorn called the meeting to order at 1:30 P.M. and welcomed those
in attendance to the Council meeting.
INVOCAT ION :
Dr. Harry Steif of the Grace Lutheran Church gave the Invocation.
FLAG SALUTE: Councilwoman Miriam Kaywood led the Assembly in the Pledge of
Allegiance to the Flag.
PROCLAMATION: The following proclamations were issued by Hayor Thorn and unani-
mously approved by the City Council:
"Plant Engineers' Weeks" - June 15 through 17, 1976.
"Meredith Willson Day in Anaheim" - June 18, 1976.
RESOLUTION OF APPRECIATION: A Resolution of Appreciation to the Anaheim Public
Library Board on the occasion of the dedication of the two new branch
libraries, Euclid and Sunkist, on June 16, 1976, was unanimously approved by
the City Council and presented to Mrs. Elizabeth Schultz, Chairman of the
Anaheim Public Library Board.
RESOLUTION OF APPRECIATION: A Resolution of Appreciation for the Anaheim
Memorial Hospital on the occasion of the production of "Stand Up And Cheer" for
the paramedic program on June 18, 1976 at the Anaheim Convention Center was
unanimously approved by the City Council and accepted by Mr. Chuck Allee.
RESOLUTION OF COMMENDATION: A Resolution of Commendation for the coming July
4, 1976 Grand Bicentennial Fireworks Spectacular and Pageant produced by Tommy
Walker was unanimously approved by the City Council and presented to Mr. Tommy
Walker.
RESOLUTION OF APPRECIATION - ANAHEIM PUBLIC LIBRARY BOARD: A Resolution of
Appreciation unanimously adopted by the Anaheim Public Library Board on May 17,
1976, expressing appreciation and recognizing the commitment to improved
library service by the Anaheim City Council was presented by Elizabeth Schultz,
Chairman.
MINUTES: Minutes of the Anaheim City Council regular meeting held May 18, 1976,
were approved on motion by Councilwoman Kaywood, seconded by Councilman
Seymour. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Roth moved to waive
the reading in full of all ordinances and resolutions, and that consent to the
waiver of reading is hereby given by all Council Members unless, after reading
of the title, specific request is made by Council Member for the reading of
such ordinance or resolution. Councilwoman Kaywood seconded the motion.
MOTION UNANIMOUSLY CARRIED.
REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the
amount of $554,379.47, in accordance with the 1975-76 Budget, were approved.
REQUIREMENTS ANALYSIS AND COST EVALUATION - CENTRAL MAINTENANCE GARAGE: (Arthur
Young & Co.) The requirements analysis and cost evaluation of a new central
maintenance garage prepared by Arthur Young & Co. was submitted. and Mr. Talley
reported that an appropriation to carry forward implementation of the recom-
mendations contained in the report was included in the proposed 1976-77 Budget,
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city Hall, Anaheim, California - COUNCIL MINUTES - June 15, 1Q7/1, 1:10 P.H.
and that this subject might more appropriately be discussed ñurin~ consinera-
tion of said Budget.
~.Jith concurrence of the Council, Mr. Talley stated that this matter would
he presented as a portion of the Public Works TIudpet.
cn~~m~ITY DEVELOPME~T DEPARTMENT POSITIONS: The recommendation submitted on June
8, 197f) pertaining to the creation of two new job classifications (Harketinr.
Coordinator and Project Manager) in the Community Development Department was
continued to be discussed durinr review of the proposed lQ7~-77 Budget for the
Community Development Department.
~lo\"1AGE~1E~1T SALARY RECOMME"IDATIONS: Mr. Garry McRae submitted for Council
approval the resolution prepared to implement salary increases for management
level City e~ployees, the percentages of increase being in aécordance with
those recommended in the memnrandums dated June 4 and 15, lCnt;, from the Acting
city \1anager to Council (copy on file in the Office of the City Clerk).
Councilman Seymour commented that these increases were granted on a
differential basis in accordance with the revised Council policy to recognize
those department heads who have exhibited the management leadership solicited
by the Council to produce efficiencies and economies which have enabled their
departments to provide the same or hipher levels of service without increase in
cost.
Mayor Thom pointed out that the increases granted department heads ranged
from ')~ to 14.6%, and that there were nine positions to receive zero increases.
'Te reviewed the rationale upon which the zero increase recommendations were
made, in some cases the recommendation being from the City Manager's Office,
and in others, being the prerogative of the City Council. He further noted
that the positions of Assistant City Manager, Finance Director and Parks
Recreation and Arts Director received zero percent increases because these were
recently filled and salary levels renegotiated at that time.
RESOLVTInN NO. 7óR-324:
adoption.
Councilman Seymour offered Resolution No. 7óR-32¿ for
Refer to Resolution Rook.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHe~G RATES OF
C()~1PENSATION FOR DEPARTHENT HEADS, DIVISION READS AND STAFF POSITIONS DESIG-
nATED AS HANAGEME~T AND SUPERSEDING RESOLUTIONS NO. 74R-52l 74R-522 AND 74R-555
A~~T) AME1mMENTS THERETO. (Effective dates: Section 1, November 28,1075;
Section 2, October 17, lQ75)
Roll Call Vote:
AYES:
'fnr:S :
ABSENT:
COUNCIL HEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
none
The Mayor declared Resolution No. 7~R-324 duly passed and adopted.
LETTER AGREEMEnT - TEHPO TEMPORARY SERVICES: Mr. Garry McRae presented for
Council approv~l a proposal that the City enter into a letter agreement with
Tempo ~emporary Services wherein they would provide temporary secretaries at a
rate of Só.04 per hour, with a minimuT'1 of four hours, for each secretary
employed actually reporting for work at the City's request.
\tr. McRae explained that this proposal has come about because of the
recent necessity for the Personnel Department to provide Recretarial support to
the Charter Review and Citizens' Capital Improvement ComT'1ittees, the demand for
which has coincided with vacation season and, consequently, the City part-time
pool of secretarial employees has been depleted. Active recruitment for
additional City part-time employees is under way, and once individuals are
located ~..ho can perform these services, they would be utilized in lieu of the
temporary service, which is proposed as an emergency back-up. This proposal,
while it averages slightly more than the City's per hour cost for such
employees, is more economical than paying overtime to regular City employees
and. in addition, does not detract from the regular work load. }!r. McRae
IT
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rity Hall, Anaheim, California - rOU~lCIL MPm1'r.~ - June 15, 1 qn, 1: 1() P. ~1.
ac1.vised that, so fé\r, only one person has heen utilized from the TeMpo
Temporary Services, and thé\t this is all they were able to supply.
'k. McRae further noted that the Tersonnel ~epartMent intends to review,
t1.S r\ proj ect, the econœnics of nsinr: teT'èporarv anE'P.cies versus maintainin!è :ì
pool of rity part-ti~e eMployees to make sure that the J>ersonnel DepartMent is
providin¡ teMporary services in the most reasonable nannf'.r.
~nrinr discussion of the proposal, rounciJr>an ~eY1"our afreerl Hith thp
thrust of utilizin~ part-tiI"e pcrsonneJ \merE' nossible, hut felt that this
p<1.rticlllar propos.,l, reCrl11SP (If the four-hour 1'lin:!1'1l1TTl remlire1'1ent, pould not he
r>cnnoTTJicilllv ndvisahlt', in particular \~len t11(> I:'eetinr: 1'1i~'nt Jnst only ap£'. ;11'.(1
:1 r"l f' tn t'vo hours. "'onT1ciJ"';'1p ~eyr1o1Jr further tool: issue \.ith HIe fact that
this proposed lettpr apreement appears to he a continuinr contract to employ as
~Rny part-ti~e secretaries as dpP1'1e~ necessary.
r:ol1ncih70éan ;(a)'\vood su?:?:esterl thnt t~e re~ail'in:,: tif'/'> \7i tt'Ín the four-
~our '.,ini'ìu7'1 be utilized "y tre tcT"porary secretary for transcrihinr notes, 1'1lt
T.ms inforned thrlt this ~.;rould not be feasinle t>ecause of the cveninf! hourr; of
the ~'cptinf<; rlnd t}¡e re'1uirpments that the rity provi,le space for the secretary
to 1:.Tork.
.\t the concl usio!) of discussion, on "lotion 1)y rounciln>an Roth, seconded hy
rouncilnan ~ott, the City Council approved the proposed letter apreement with
TeT:1po :ef'\porary Services, for eT'lploynent of é1 maxi1"'un of three secretarif's
'.JÍt1dn the period endinr July 11, IQ7(í, and pith detailed report back to tr.e
ronncil on the recruitment of these ter'porary employees. rouncilT'lan ~eymour
voted "no". lmTFr'l CARRlr.D.
r~f):POSET) ()PDP:IA~TCE DELETI'!('. ~rcnm! 4.:'1) (GA~n~IC: PREHISr:~): The City Þttorney
sur.f<1i ttcd a proposed amendment to Sect:i on 1+.20 of the Anahei1'1 }funicipal rode
h>t1icn Hould delete said section as it pertains to raminr preTTlises permits
élllmlinr: card parlors, but with a provision to a1lm. the one existinr card
p~rlor ~ three-year periorl in ~mich to phase out of business.
Following a brief discussion durinf which rounci1 HeT'lhers 'T'hoT'l, noth and
~eYf'\our indicated that they wished to provide a longer period of time for the
closinr: down of the existinp husiness, it i.as deterT'èined to e}~tend the phasinf>
out period to five years.
rìRDPIA:W,[ NO. 3552: Counc:i1!\1an Thorn offered Ordinance '10. 3557 for first
readin~ with provision to al1m.;r the existinr: card parlor a five-year phase-out
period.
NI ORDINANCE OF T!IE CITY COUNCIL OF THF CITY OF ANAHEIM RFPEALING CHAPTER
/'. '}f! nF Tl1F. MIAlIErr ~11JNICIPAL CODr.1\:!D rSTARLISHINC: A ~mRATORIU~~ on rXI~TPTC:
GAMP!G PREMISES.
PURL IC HEARING - PRECISE ALIGmmHT OF HlRALOMA AVF.?TUr.: To consider a more
specific alignment for the proposed extension of }Iiralona ^venue, as requested
hy the City of Placentia and surroundinp private property oivners. Subject
alirnment area is hounded on the east by Fee Ana Street, on the west hy
Lakevie\,l .A.venue, and ~enerally lies ~Torth of I,a Palma Avenue.
The rity Planninp- C"Jmmission, pursuant to Resolution No. PC76-9h, recom-
mended approval of the precise alignment of Miraloma Avenue in accordance with
:~xh ib it" A", and further recomT'lended cert if ica t ion of having reviewed and con-
sièered the information contained in the lead apency's environmental iTTlpact
renort.
~1r. Don HcDaniel was present to answer any C'.ouncil questions froT!'. the
Plannin~ Department report and recommendations from the Planning ComMission.
~1ayor Thorn asked if anyone wished to address the City Council.
'fro Ben lIinamide, Director of Community Develop1'1ent and City Enp,ineer,
r'itv of Placentia, reported that Placentia has arlopted this precise alignment
de-annex, in principle, predicated upon: 1). formal action hy the City of
AnaheiT'l adoptinr the precise alignment, and 2). deannexation of a 71)-foot
strip of property bisected hy the proposed roadway extension, and helonrin~ to
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City Hall, Anaheim, California - COU~CIL MINUTES - June 15. lQUi, 1:1() P.M.
"lr. Etchandy, to permit subsequent annexation by the City of Placentia so that
the bisected parcel could be made whole under one jurisdiction.
~r. Minamide advised that the City Council of Placentia requests this
action he taken. and LAFCO has no objection to the annexation pending action by
the respective City Councils.
There bein!! no further persons who wished to address the Council, Hayor
Thorn closed the public hearing.
~r. Talley advised that the City staff would not recommend de-annexation
of the 70-foot strip as suggested, but that the City of Placentia annex the
entire right-of-way along that portion of property so as to avoid having the
City boundaries in the middle of the roadway. He recommended that this annexa-
tion be consi~ered by the respective City staffs, and recommendation on same be
returned to the Council for action.
r.nVIRONHENTAL IMPACT REPORT - CERTIFICATION: On motion by Councilman Roth.
seconded by Councilwoman Kaywood, the City Council certified that the environ-
~ental impact report prepared by the City of Placentia in connection with the
precise alignment of Miraloma Avenue, havin~ been reviewed by the City staff
and recommended by the City Planninp Commission, the City Council hereby certi-
fies that they have reviewed and considered the information contained in said
f.IR. 'mTION CARRIED.
!\ESOLUTIO1T no. 76R-125: Councilman Roth offered Resolution No. 7F.R-325 for
adoption approving the precise alignMent of Hiraloma Avenue in accordance ~rith
v.xhibit IIA", as recomrnenned by the City T'lanning Commission.
~efer to Resolution Book.
^ REc;()LUTIO"i OF THE CITY COrniCn. OF THE CITY OF ANAHEIM F.STABLISHPTG A PRECISE
ALIG"mnJT OF I!IRALO!'-fA AVENUE PI TIrE CITY OF ANAHEIM EAST OF FEE A!TA, PEST OF
LAI-:'EVrr.U, IN ACCORDAnCE T!ITH ExmBIT II}.II I\TTACHED ITRETO.
~oll Call Vote:
AYI:S:
~mr.s :
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEHBERS:
Kaywood, Seymour, J~ott, Roth and Thorn
none
?Tone
/\ BSD:T:
The Mayor declared Resolution No. 76R-325 duly passed and adopted.
-qT:.CESS: Councilman Roth moved to recess for five minutes.
seconded the motion. HOTTON CARRIED. (2:45 P.'f.)
Councilwoman I:aywood
\FTER RECrSS: }!ayor Thorn called the meeting to or(ler, all Council Members being
present. (2:50 P.H.)
cm:Tn¡CED PUBLIC HEARING - PROPOSED 197f1-77 nUDGET: Consideration of the pro-
posed budget for the 1976-77 fiscal year was continued to this date from the
~eetin~ of June 8, 1976.
The Mayor called for comments from members of the public.
~1r. Joe Hhite, 809 Broadway, Anaheim. referred to the proposed increases
in sanitation charges indicated on page 211 of the budget document and stated
that he felt the City's trash contracts should be placed out to bid, as this
has ~ot been done to his recollection for a number of years. lIe further
remarked in connection with the proposed Data Processin~ budget, that six years
ago the City had a study performed by Ernst and ~rnst Which indicated some
economies in this area. Mr. ~{hite felt this report should be reviewed and the
recommendations implemented. Mr. "~ite expressed concern that the City assure
it sel f in connection with the proposed MDS Agreement that they are not paying
any portion of the costs of another entity's data processing services.
~ouncilman Seymour pointed out that, although the sanitation contracts
have not been out to bid, at the time last amended the City Auditor reviewed
the applicable financial statements to determine Whether. in fact, the rates
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i\naheim
l.étlifornÜ1. - rnlr!CIL >T;TT:r~ - June 1 r;
,('\ 7 (,
J : '1") 'P.'~.
they 1,rere recof"T'1endinf' Here re<1.sonahJ (' v7Í th respect to their oreratinr
eY:penses, ann the réltes "rere suhstantiatprl étt that time.
rouncil!T'rtn Seynour stated tnétt hI" shares some of thp concern indicatf'd by
:'r. "'"hite on data processinr costs and services and intends to recf'ive these
"'~SSl1r:1nces frorl Arthur Younr: r, Co. as a portion of the recently approvf'.d con-
tract to review the ir.1pleJ'1entation of their manap,eMent audit recomMPndations.
r:ouncilrmn Se)'T'1our indicated thétt he person:1l1y WOUl(l request froT!' ¡\rthur Younr
F, Co. ;¡ deternination as to phether or not the 'ft)~ arranrement is profitable
and r.r1-¡ether or not th£' entire Data Processinr T)epartrnent is run in <1.n efficient
nannr>r.
There hein? no further Menr,ers of thf' pubJ ic v;rho "dsherl to address the
rouncil on the budget, ~<1.yor Thorn called for discussion or reMarks fron Memhers
of the l.ounciJ.
r:ouncil rmn Seyr1Our remarked that the pre] iMinary 1mèp-et docuJ"ent shm.;¡s a
VAst improvement in format over thélt which Has used previously, because it
permits the reader to identify the cost of each prograM and service. He
inc1icatccl, hoFever, that he sm.;¡ cause for concern in the preliMinary budret as
pres en ted, inasmuch as he did not find a surp1 us identified Hhich \.muld be
aciequate. to T'leet the unknowns the City may encounter durin? the cominp [i Rcal
vear. ~econdly, he took issue with the fact that the proposed budRet as a
r~venue source points clearly to increasinr the retail Ilti1ity rates from Q~~
of Edison's retail rates per established Council policy, to oq~ of fdison's
retail rates in order to balance the budget.
Councilnan Seymour requested that the f.ssistant City nanager prepare for
Council's review and to assist them in budget deliberations a list of dele-
tions, deferrals or reduced anpropriations, vtlich rnipht be iT'lplemented in order
to create the surplus he views necessary. Tn makinp, these nudpet recon-
mendations, hoHever, Councilman Seymour pointed out the follm,linp; areas which
he personally holds unassailable: ~). services relating to life and property
protection, aside fror.l areas of capital outlay; 2) . the Phase I development
of Canyon Park Site :'0. 1 (Pamela Park), and the Community Center in }fodjeska
Park; 1). provisions for staffinr, at no increase in personnel level, at the
Puclirl élncJ Sllnkist branch libraries. Pavinp established these three areas as
hirr Driority items, C'ouncilTT1an f:eyrnollr requested that the Assistant City
'fanarer reYieH the other areas of the t-udp'et for potential cutbacks to provide
a suru!.us account \.:Ttlich would permit the Council to hold the line on utility
rates at Q5w, rather than QRo/ of ~dison rates.
'Ir. Talley reported that the cost to accomplish \.;¡hat CouncilT'lan f:eymour is
askinf' Hould be, rour-hly, q. ') million. T1e requested that Council consider
thnt the workin? capital in the Utilities Department has been reduced by <';J.")')
ni11 ion; that the ~¡evada Power ArreeTT1ent will cause the City to save one
ri]lion dollars durinr the course of the fiscal year in purchased power costs;
and thAt, if the uti] ity ',!ere privately owned, it would be paying about one
million dollars in taxes. If the Council does not charge rates which are QR~
of Erlison retail rates, they will be sellin? power for less than their purchase
costs, and continuinrr such a policy \.;TOuld require that the utility operate on a
less than break-even or profit position. nr. ~'alley concluded, however, that
he would T"eet v.rith departrlent heads and hrinr: hack a recommendation to the
r:ouncil ,.,rhich would: 1). not raise any other rates; ?). revie\v and carefully
assess the revenue estiI'^,tes; and 3). recoT'1T'lend budgetary reductions to he
"are to create the ~1.5 ¡r¡illion \l1thout considering last year's ~urplus.
Councih.;¡oman Kaywood asked if it 1-TOuld be lepal for the City utility to
se] 1 electricity at a rate lower than it ,.,ras purchased, and Nr. Hatts advised
that bond covenants would require that the City maintain coverage for the
electric revenue bonds. Councilwoman I:aywood voiced the opinion that the
City's costs for providing electric power and trash collection should be passed
alonp to the consumers in the rates. She further commented that deferral of
capital outlay projects will mean these same projects will ultimately cost the
City ~ore because of inflation.
An additional budget item discussed by rouncil with Hr. Talley were poten-
tial reduction of vehicles froM the City fleet. Hr. Talley reported that each
vehicle was discussed during the budget hearin~s with departMents and the
reasons for those permitted to he driven hoMe were justifierl. He reported that
1r
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City Hall, Anaheim, ralifornia - COUNCIL HINUTES - June 15, ¡C\7fi, 1 :30 P.H.
from a previous study on this subject in another jurisdiction, he has
determined savings from car pool reductions are modest, and severe morale prob-
leT"s would be created in the event such a reduction would require the retrac-
tion of an automobile a~reeò upon durinr. recruitment of personnel.
Councilman Seymour further questioned the figure ~iven in the PIO hud~et
for the cost of four issues of the Anaheim rity ~Tewsletter at <')2ll,57.2, and 'fro
Clements stated that this figure includes all costs, paper, ink, duplication,
lavout and distribution except for salaries.
'!ayor Thorn discussed the Energy Services Division with Gordon Hoyt, noting
th~t the former 'Io1'1e Economist nm.¡ serves in the capacity of T'lectrical
~ervices ~epresentative.
At the conclusion of discussion, on motion hy Councilman Roth, seconded hy
councilwoman Kaywood, the City Council continued the public hearing on the
proposec1. lq7(i-77 Budget to the !"\eetinr. of June 12, 197(i, 2:30 P.~!. ~fOTION
Cl\RRlr:n.
Aw;"DME:!T TO LEASE AGREEHE1'1T - C AND K SKATEPARKS, INC.) Hr. Hatts presented an
amendment to the lease previously authori~ed for City-owned property located in
the vicinity of Ball Road and Harbor TIoulevard to C Ii. K Skateparl-.s, Inc. The
amendment is necessary to revise the boundary description of the property to be
leased to this firm for development of the skateboard park facility because of
revisions to the plot plan, including relocation of the parking lot and park
area, for a more suitable layout to possibly accommodate non-motorized
motocross in the future.
RESOLUTlm¡ NO. 76R-'326:
adoption.
Councilwoman Kaywood offered Resolution No. 76R-326 for
Refer to Resolution Rook.
A -qESDLUTION DF THE CITY COlJNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE HAYOR
AND THE CITY CLERK TO EXECUTE MT AMENDJ'AENT TO LEASE AGREEMENT BET"-TEEN THE CITY
DF ANAHEIM AND C & K SKATEPARKS, INC.
Roll Call Vote:
AYES:
NOES:
ABSENT:
rOUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL }ŒMBERS:
Kaywood, Seymour, Roth and Thorn
Kott
none
The Mayor declared Resolution No. 76R-326 duly passed and adopted.
~ESOLUTIO~ NO. 76R-327 - AIR POLLUTION EMERGENCY EPISODE PLAN: Councilwoman
Kaywood offered Resolution ~¡o. 7(iR-327 for adoption amendin~ the original plan
to provide that the City Manager's signature is required in lieu of the Mayor's
si¡mature.
Refer to Resolution Book.
A RE~OLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMFNDING RESOLUTION NO.
7f,P-207.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEHBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour and Roth
Kott and Thorn
None
The Mayor declared Resolution No. 76R-327 duly passed and adopted.
]DDT pm.'ERS AGREEMENT - JUVENILE DIVERSION PROJECT: Mr. Hopkins reported on the
proposed Joint Powers Agreement to be entered into by the Cities of Anaheim,
Stanton and Garden Grove, Garden Grove being the lead agency, for participation
in the Juvenile Diversion Project with the objective of diverting 601 offenders
out of the criminal justice system for counselinp. The project is funded
throu~h a federal grant ,rlth Anaheim's share being $4,592, based on population
figures. He recalled that this item was discussed and the federal grant
1T
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City Hall, Anaheim, California - COUNCIL !'IPHTTES - June 1.'5, 19711. 1:30 P.N.
application previously authorized by the Council at their meeting of ~arch 7,
197F.
Councilman Roth requested that in the future, when extensive a8reements
such as this are presenteci immediately prior to the Council Heetin!!, a notation
be attached summarizinp the City's cost should it hecome involved and, when
federally funded, the amount of that grant.
RESOLUTIü:¡ ~m. 76R-328:
adoption.
Councilwoman Kaywood offered resolution ,TO. 76R-32¡¡ for
Refer to ~esolution Book.
A RESOLUTIœ~ OF THE CITY r,OUNCIL OF THE CITY OF ANAHEIM APPROVnrr THE TERMS AND
CONDITIONS ()F A JOINT POHERS AGREEMEnT BETFEFN THE CITY OF ANAHEIM, THE CITY OF
GARDE~1 GROVE AND THE CITY OF STANTON RELATr~G TO PARTICIPATIŒI In A JUVENILE
DIVERSION ITREA~NT PROGRÞJf AND AUTHORIZING TIm ~1AYOR AIm TEE CITY CLERK TO
EXECUTE SAID AGREE~feTT ()'T BEHALF OF THE CITY OF ANAIIEIH.
Roll Call Vote:
AYES:
'10ES :
ARSr.NT:
COUNCIL tfEHBEP.S:
COUNCIL ~EMBERS:
COlTNCIL HEMBEPS:
Kaywood, Seymour, Roth and '!hom
Kott
:Tone
The ~~yor declared Resolution ~o. 76R-32R duly passed and adopted.
AGREE-HEn - IMPLEME~¡TATION REVIEH - ARTHFR YOUNG & CO.: The City Attorney
presented the contract ap,reement prepareò in connection with the employment of
Arthur Young & Co. for implementation review under the direction of the Audit
Steering Committee, for a sum not to exceed s30,OOO.
Councilman Kott inquired \mether this apreement makes any provision for
refund to the City in the event ftrthur Younp ~ Co. determines their previous
recommendation was incorrect or has not contributed towards savings, and was
advised that the contract agreement calls for a report discussing Arthur Young
& Co. findin~s at the conclusion of the review only.
RESOLUTIOn no. 76R-32Q:
tion.
Councilman Thom offered Resolution No. 76R-329 for adop-
Refer to Resolution Book.
Þ. RESOLUTION OF THE CITY COUNCIL OF TFE CITY OF ANAHEIH APPROVING TIlE TERNS
AND CONDITIŒTS OF AN AGREEMENT HITH ARTHUR YOUNG AND CO}fPANY TO PERFORM
CONSULTrnG SERVICES AND AUTPORIZING THE HAYOP AIID CITY CLERK TO EXECUTE SAID
AGREEMEnT ON BEHALF OF THE CITY.
~oll Call Vote:
;\ YES :
'mES:
COU~CIL HEHBERS:
COUNCIL MEMBERS:
COUNCIL HE~BERS:
Kaywood, Seymour and Thorn
Kott and Roth
None
ABSEnT:
The }1ayor declared "esolution No. 7~R-179 duly passed and adopted.
ROUTE 57 FR[EHAY LITIGATION - NOISE STUDIES: Mr. Hatts notified Council ~fcmbers
that the agreement previously authorized with Olson Laboratories, pursuant to
Council Resolution No. 76R-282, for noise studies to be utilized by the City in
litigation re~ardin8 the Route 57 Freeway, has been held in abeyance because
of request from !'-1r. John Van Houten and Associates for an opportunity to pre-
sent a proposal for this contract. ~lr. Watts explained that Hr. Van Houten has
subsequently submitted a proposal to perforn the noise studies for the sum of
~6,200.
Following brief discussion, Council Members determined that in order to
provide a fair opportunity for local firms equally qualified in this field to
present proposals for the contract, they would rescind the resolution authoriz-
inf execution of an agreeement ~rlth Olson Laboratories, and request proposals
IT
76-41r;
City Hall. Anaheim, California - COUNCIL HIITUTFS - June 15, lQ7~, 1:30 P.M.
be submitted from the three qualified local firms with which the City has had
dealings over the past few years.
On motion by Councilman Seymour, seconded by Councilman Kott, the rity
r:ouncil determined it would solicit proposals for noise studies to he conducteè
to provide evidence in connection t.n.th the ~oute 57 FreeHay litigation from
John Van Houten and Associates. John Hilliard anrl Associates, and that a new
proposal be submitted from nIson Laboratories. '1OTIo;l CAPRIED.
"'~SOLUTIœ: no. 7nR-33n:
adoption.
Councilman Seymour offererl Resolution 'To. 7(1R-33f) for
Refer to Resolution nook.
A nISOLlJTIO:l OF THE CITY r:mmCIL OF THE rITY OF .".NAIIEIH RESCINDING RESOLPTTO'T
~¡o. 76n.-262 r=HPLOYPTC OLSON LABnRATORIES TO Co:mUCT FOIfE STUDIES m CO?f,r:CTIO~1
'1:'1'1' LEr.AL ACTION - ROU'I'E 57 FREn!AY.
~oll Call Vote:
\YEs:
'TO1.8:
ABS1.NT:
r:OUNCIL }~E:mERS:
COUlICIL HEMBERS:
COm/CIL 'Œ}ŒERS:
Raywood, Seymour, Kott, Roth and Thorn
'Tone
~Tone
The }.fayor declared Resolution no. 76R-130 duly passed and adopted.
PROPOSED ORDInANCE CREATI~lG UTILITIES COMMISSION: Hr. Hatts advised that the
ordinance by Which Council might establish a Utilities Commission has been
prepared, but recommended that it be held over for discussion, together Hith a
proposed charter amendment to be recofllInendcd to the Council by the Chamber
Utility Task Force on June 22. 1Q76.
On motion by Councilman Kott, seconded by Councilman Thorn, the City
Council continued consideration and discussion of the proposed ordinance creat-
ing a Utilities Commission to the meeting of June 22, 1Q7f,. HOTIŒI CARRIED.
REFœm - STATE HISDEHF.ANOR PROSECUTIONS: The City Attorney reported on approval
by the County Board of Supervisors for a refund of approximately ~72,690 in
their 1976-77 budget to the City of Anaheim for prosecutions of State misdemea-
nor violations handled by the City Attorney's Office, the cost of which was
estimated by the City Attorney at $75,000.
Mr. Watts pointed out that the Council has the option to accept or reject
this SUM and suggested that it be considered as a portion of the 1976-77 budget
del iberations.
'To action was taken by the City Council.
RESOLUTION NO. 76R-331 - RED GUM - CORONADO NO.5 A."1NEXATION (UNINHABITED):
Pursuant to authority granted by the Local Agency Formation Commission
Resolution No. 76-60, Councilwoman Kaywood offered Resolution No. 76R-331 for
adopt ion.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ANNEXA-
TION TO T:1E CITY OF A.~AHEIM OF THE TERRITORY KNOHN AND DESIGNATED RED GUM-
CORONADO NO.5 ANNEXATION.
Roll Call Vote:
AYES:
~TOf,S :
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thorn
None
None
The Hayor declared Resolution No. 76R-331 duly passed and adopted.
RESOLUTION NO. 76R-332 - SIGNALIZATION - STATE COLLEGE AND WA~mR:
Kaywood offered Resolution No. 76R-332 for adoption.
Councilwoman
11
. ,,~" ..."..-.._" . -. " ,
'-.....
76-417
City Hall, Anaheim, California - COUNCIL HIN1JTES - June 15, 1Q7f), 1:3n P.H.
Refer to Resolution Hook.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXE-
CUTIO~ OF AN AGREE~mNT WITH TIm 8TATE OF CALIFORNIA. (SIGNALIZATIŒi AT STATE
COLLEGE BOULEVARD ANn t<JAGNER A. VENUE)
Roll Call Vote:
AYES:
'TOES:
ABSLtTT:
COUNCIL MEMBERS:
COUnCIL MEMBERS:
COUNCIL MEH13ERS:
J~aywood, Seymour, !(.ott, Roth and Thorn
:Jone
None
The Mayor declared Resolution No. 76R-332 duly passed and adopted.
RESOLUTION no. 76R-333 - HORK ORDER NO. 785-A - SIGnALIZATION AT STATE COLLEGE
AND HAGnER: Councilman Seymour offered Resolution no. 76P--333 for adoption.
~efer to Resolution Hook.
A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF ANAHEU! FINDING MID DETERNPTING
THAT PUBLIC CONVENIENCE AND ~mCESSITY REQUIRE TIm CONSTRUCTION AND COr-fPLETTON
OF A PUBLIC HtPROVEME¡n, TO HIT: HTSTALLATION OF TRAFFIC SIGNALS AND SAFETY
LIGHTING AT THE HTERSECTION OF STATE COLLEGE BOULEVARD AND WAG".1ER AVE!mr., PI
THE CITY OF ANAHEH1, HORJ{ ORDER no. 7aS-A; APPROVING THE DESIGNS, PLANS,
PROFILES, DRAm~iGS AND SPECIFICATIorm FOR THE CONSTRUCTION THEREOF; AUTHORI7.EIG
THE conSTRUCTION OF SAID PUBLIC IMPROVEMENT r1 ACCORDA..~CE HITH SAID PLANS,
SPECIFICATIONS, ETC.; AND AUTHORIZING A!'TD DIRECTING THE CITY CLERK TO rUTILISH A
~mTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be
opened July 8, 1976 - 2:00 P.M.)
Roll Call Vote:
AYES:
~mr.s :
ARsmn :
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEHBERS:
Kaywood, Seymour, Kott, Roth and Thorn
none
None
The Mayor declared Resolution No. 76R-333 duly passed and adopted.
CROSShfALK - STATE COLLEGE AND WAGNER: Hr. Paul Singer, Traffic Engineer,
referred to the Council direction given at the meeting of June 8, 1976, that a
crosswalk identification be painted in white at the intersection of Wagner and
State College Boulevard and advised that unprotected crosswalks such as these,
i.e., without a traffic control device, are extremely dangerous in that they
provide a false security to the pedestrian. He recalled that the Council
directed the removal of one such unprotected crosswalk during the past year
following a fatal accident, and respectfully requested that Council reconsider
their ~irection.
On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the
City Council rescinded the previous motion that a crosswalk be designated in
white paint at the intersection of Wagner and State College Boulevard. MOTION
CARRIED.
STREET LIGHTING - CANYON RIM ROAD: Memorandum submitted by the Electrical
Superintendent at the Cüuncil }1eeting of June R, 197fi, and continued to this
date was presented for Council action.
During brief discussion and in the memorandum, Mr. Edwards reported that
th" Traditionaire Pendant type lighting unit utilized in the hill and canyon
area, while it is decorative and attractive, is not as desirable because of
lightinr, and zlare problems as the City's standard "cobra head" unit used in
all other sections of the City for an engineered and designed street lighting
installation.
At the conclusion of discussion, Councilwoman Kaywood indicated that she
intended to introduce the street lighting on Canyon Rim Road and future
installation of these lights in other areas for discussion at the next Canyon
General Planning Task Force meeting. Further, ~fr. Edwards was directed to dis-
cuss the problems associated with the lighting being installed in the Canyon
with Anaheim Hills, Inc., and report back to Council on his efforts.
11
(,.-i'l
City Hall, Anaheim, California - COUNCIL tlINUTES - June 15, 197(;, 1:30 P.H.
!ìn motion by ~ouncilman Seymour, seconded by Councilman Thorn, the ~ity
Council directed that refractor panes on Célnyon Rim Poart lighting units he
paintert on the two street sides with a coat of silver he~t resistant paint for
~pduction of r,lare at an est:i.mated cost of S53'1.l)n in accordance with recor'-
"lC'nrlation 'Jo. 1 of the 17lectrica1 Superintendent IS Memorandum. ~1OTlf)N Ci\P-RIED.
TRACT "fl. 8949 - Tm:r RE'1I)VAL -. FU:AL MAP: (Continued fray] June 11, In(=.) nn
r~otion by Councilman Seymour. seconded by (ounc ilwoT'1an I:aywood, the con-
sideration of the re1"oval of healthy speciMen trees and Final Hap of Tract ~:o.
"Q4C1 was continued to 7:'30 P.N., June 15, 197(;. ~!OTlOì; ~l\RRIED.
crSC:T CALE'mAR ITEHS: !)n motion by (ouncilwoman Kaywood,
CouncilMan !Cott, the following actions were authorized in
reports and recommendations furnished each Council ~~ember
Consent Calendar Agenda:
seconded by
accordance with the
and as listed on the
1. CLATHS AGAIlTST THE CITY:
the insurance carrier:
The followinr: claims were denied and referred to
ii. Claim submitted by Burbank }Iarine for damages sustained to carpeting
purportedly resulting from premature and nepligent removal of carpeting at boat
show exhibit, Anaheim Convention Center on or about Harch 14, 1°76.
b. Claim submitted by nscar Lee Gray for personal injuries, false
Ü'lprisonment and loss of earnings purportedly resulting from actions of Anaheim
Police Officer on or about Harch 17, 1976.
c. ClaiM. submitted by Allen R. & Ilse Coulter for injuries and damage
purportedly sustained as a result of negligent maintenance of traffic control
signals at the intersection of Kraemer Roulevard and La Palma Avenue on or
about February 18, 1976.
d. Claim submitted by Constance tiec1eau for injuries and damages pur-
portedly resulting from a fall into an uncovered sewer drain on or about Hay I,
]O7A.
e. Claim submitted by Golden
conditioning equipment purportedly
[Jo1\' ßoinr out on or about May 14,
f. Claim submitted by Iva L.
sustained from collision with City
or ahout May 12, 1976.
g. Claim submitted by James S. \kMahan for injuries and dama¡;es pur-
portedly sustained as the result of an out-of-control electric golf cart at the
l,naheim Hills Golf Course on or about ~élY F" 1 Q76.
h. Claim submitted by Bradley ~':eal Ot-¡ens for injuries, damages and loss
purportedly resulting froM a depression in the road causing autoI1l.obile to go
out of control on or about February 29, 1976.
Forest Inn for damages sustained to air
resulting from street transformer on City
lQ76.
Shiovitz for damages to vehicle purportedly
vehicle while said vehicle was backinr up on
, lI.~1USEHE'.TT DEVICES AND PUBLIC DANCE PERMIT:?: The followinp; permits ~.¡ere
;-rante(1 subject to the recommendations of the Chief of Police:
8. Amusement nevices Permit for two coin-operated machines to be located
at Soup I~I' Suds, 1777/\ \.Jest Lincoln Avenue. (Phillip E. Lopez, Applicant)
b. Public Dance Permit for the Garden Grove and Stanton Police
Associations, public dance to be conducted June 20, 1976, at the Anaheim
Convention Center from 8:00 P.M. to l:no A.N. (Jack D. George, Applicant)
J. CORRESPONDENCE:
filed:
Th( following correspondence was ordered received and
8. Community Redevelopment Commission - Minutes - May 12, 1976.
h. California Housing Finance Agency - Announcement of Neighborhood
Preservation Program, First Round Funding.
c. Santa Ana Hatershed Project Authority - Environmental Assessment
Addendum on the Santa Ana Regional Interceptor.
~10TI ON CARR lED.
CAHING PREHISES PERMIT: Applic.ation for Gamin£', Premises Permit submitted by
l1icharrt H. Uazza for Richard's, a proposed card room with 1:1 tables, to be
located at 1539 East Lincoln Avenue, was removed from the Consent Calendar and
withdrawn from Council consideration at the request of the applicant, on motion
by Councilwoman Kaywood, seconded by Councilman Seymour. MOTION CARRIED.
1f
"._V-.""""",,,'"-~. "..-..
._.
7(J-419
City Hall, Anaheim. (;n.lifornia - COUNCIL HHWTES - June 15, 1Q76, 1:1n P.H.
RESOLUTIŒI ~¡OS. 7fíT'..-134 THROUGH 76R-3 %: Councilwoman Kaywood offereò Resolution
:Jos. 76R-334 throu~h 76~-33n for adoption in accordance with the reports,
reconmendations and certifications furnished each Council Hember and as listed
on the Consent Calendar A~enda.
Refer to Resolution Rook.
Rr~OLUTION NO. 76R-334 - DEEDS OF EASDŒNT: A RESOLUTION OF THE CITY COIDTCIL
OF THE CITY OF ANAHEIM ACCEPTPK" CERTAIN DEEDS AND ORDEP..ING THEIR RECORDATION.
(Richard G. Dewire, et al; Golden ~vest Equity Properties, Inc.; Texaco Anaheim
Hills. Inc.; Corp. of the Pres. of the Church of Jesus Christ of Latter Day
Saints; General Electric Company; Frank D. Barnard. et ux; ~'!armington
Development, Inc.; Checkmate)
RESOLUTION :m. 76R-335 - ABANDONHENT ;10. 75-12A: A RESOLUTION OF THE CITY
CmmCIL OF THE CITY OF A~rAHED1 DECLARING ITS InTFJ1TIŒT TO VACATE CERTAIN REAL
PROPERTY AND FIXnC A DATf. FOR nEARInG THEREON. (July 6. 197t1 - 2:30 P.rf.; to
abandon a dedicated street known as La Palma Circle, together with existing
public utility easements located on the north side of La Palma Avenue, west of
;Test Street)
P.ESOLUTION ~~O. 76R-336 - FINAL ACCEPTANCE - HORK ORDER NO. 812: A RESOLUTION
OF THE CITY COID1CIL OF TEE CITY ()F ANAHEIM FINALLY ACCEPTH1G TIlE COMPLETIOn AND
THE FUR?JISHING OF ALL PLANT, LAnOR, SERVICES, MATERIALS !\Jm EOUIPJffiNT AND ALL
t'TILITIES AND TRA'1'SPORTATIO~1 I:-TCLUDI:1G POHER. FUEL AND HATER, NTD TnE PERFOR~-
ANCE OF ALL HORK ~TECESSARY TO cnNSTRT1r.T A;TD COMPLETE THE FOLLOHING PUHLIC
IMPROVEHENT, TO HIT: THIL1\ REID GRADING U~PROVE~Œ!';T - PHASE II, m THE CITY OF
NJ1\HEI;I, HORK ORDER NO. ~12. (Southern California Grading, Inc.)
¡~oll (',all Vote:
AYES:
:mES:
ABSENT:
cmNCIL MEHBEr-S:
COU'.rCIL ;~;1BERS:
CmmOL ~T.MBERS:
r:aywood, SeYMour, Kott, Roth and Thom
1;one
:: one
The '1ayor declared Resolution 'rose 76R-334 through 76R-336 duly
passed and adopted.
ìJOIUZ ORDER NOS. 777-B and 872: (AFFP ~;o. R01) On motion by Councilman Thom,
seconded by Councilman Seymour, call for bids for Fork order Nos. 777-B and
R72 pertainin~ to the Lincoln Avenue Street improvement, from Sunkist to State
College Boulevard, ~Jas removed from the Consent Calendar Agenda to be
rescheduled at a later date, as requested by the City Engineer. MOTIO~
CARRI:':D.
CITY PL~nrING CO~ISSION ITEMS: Actions taken by the City Planning Commission at
their ï:1eetinr held ~!ay 24, 1976 pertaining to the follm.ring applications ~.rere
submitted for City Council information and consideration.
On ~otion by Councilman Seymour, seconded by Councilman Kott, the City
Council authorized the actions pertaininr to the following environmental inpact
requireMents as recommended hy the rity Plannin:; Commission and took no furtner
<1ct:ion on the follmTinr applications (Item 'TOS. 1 throur,h 9):
1. E".TVIRON;1ENTAL IHPAC.i.' REPORT - NEGATIVE T)ECLARATIœ~: The Planninr
Commission recommends to the City Council that the subject projects in the
foilowillf listed zoning applications be declared exempt from the requirement to
prepare an environmental impact report, pursuant to the provisions of the
CUi ornia EnvironI:1ental ()uality fict:
Conditional Use Permit ~o. 1604
Conditional Use Permit >¡o. 1622
Variance No. 28Q9
Conditional Use Permit No. 161q
Conditional Vse Permit No. 1623
2. E'JVIRON:1ENTAL U1PACT REPORT - CATEGORICAL EXEHPTION: The Planning Director
has determined that the proposed activity in the following listed zoning
application falls within the definition of Section 1.01, Class 1, of the City
of Anaheim Guidelines to the requirements for an environmental impact report
and is, therefore, categorically exempt from the requirement to file an EIR:
lì
..
, "....0 ~..
'.-..
ì i.. -¿, .' n
:=ity Hall, Anaheim, California - cOæ1CIL HI~mTES - June ]5, 197(" 1:30 P.~'.
Conditional Use Permit no. ] F21
1. CŒITHTIONAL USP. PER'fIT NIl. 1601,: Submitted by Riceman International, Inc.,
to expand an existinr mobilehore park to include a Ql-space recreational
vf'idcle (RV) park on RS-A-43,OOO zoned property located at 100 P. 1:atella
~enue. (Riviera ~obilehome P~rk)
City Planning Commission P.esolution ":0. I'C7ó-97 rranted Conditional Use
Permit No. lóO4, conditionally.
fl. CO~mITIOnAL USE PEP'1IT no. 1619: ~ubmitted by Poscoe P. Reeves to permit
an office in an existing residence on RS-7200 zoned property at 503 V. South
"'treet.
City Planninz ComIT'ission T',esolution '10. PC7ó-9R p;ranted Conditional Use
Permit !To. 161Q, in part.
s. CŒIDITIO~1AL USE PER~lIT ~¡O. 1621: Submitted by Donald A. Jacobson to pen'1it
expansion of an existin~ bar on CG zoned property at P'f)L¡ and ~06 ìT. Anaheim
Joulevard.
City Planninr Commission Resolution 'To. PC76-99 denied Conditional Use
T'ermit !To. 1621.
6. CO:IDITIONAL USE PER'1IT NO. 1622: Submitted by J. Kent and Karen Ann Bewley
to permit a drive-through restaurant on CL zoned property located at 117 S.
\7estern Avenue.
City Planning Commission Resolution '10. PC76-104 granted Conditional Pse
Permit No. 1622.
7. CmIDITIONAL USE PEPJ1IT NO. 1623: Submitted by y;oodrow J. He Clure to
permit a recreational vehicle storage yard On HL zoned property located on the
southwesterly side of Howell Street, northwesterly of Katella Avenue.
City Planning Commission Resolution No. PC76-105 granted Conditional Use
Permit '10. 1623. in part.
R. 1JARIANCE NO. 2809: Submitted by B. E. James to permit outdoor storape of
trucks and tractors in conjunction with an existing residence on RS-A-43,OOO
zoned property, located at 1795 P. Orange Avenue.
City Planning Commission Resolution '10. PC76-1ng denied Variance !:o. 2809.
'1. TE:ITATIVE MAP TRACT NO. 8409 - REVISION ~;O. 2: Tentative Tract Ho. 8409
was continued to be considered in conjunction with EIR ::0. 174.
':nTlt)~; CARRIED.
r::TATlVE HAP TRACT NO. 9217: Tentative Map Tract No. <)217 was removed from the
Consent Calendar at the request of Councilman Seymour to record separate
action.
'In motion by CouncilP1an ThoP1, seconded by Councilwoman Kaywood, Tentative
~1ap Tract no. 9217 was ;.;onUnued to be considered in conjunction with ErR t10.
177 and Reclassification !To. 75-76-38. Councilman Seymour abstained. HOTION
(~/\IŒIED.
\'AR~',:¡CE !JO. 2758 AND E.1.R. NO. 171: Said Variance and fIR, submitted by
Raymond Spehar, which pertain to the construction of a 204-unit apartment
complex on ~1-1200(SC) zoned property located on the east side of Imperial
Hir,hway, north of La Palma Avenue, with certain Code waivers, Here set for
puhlic hearinr; at the request of Councilman Kott.
\'ARL\~7CE no. 2806 A~-m E.I.R. NO. 175 (SUPPLEMENT Tf) F..I.R. 170.80): (Tract No.
9313) Submitted by Robert and norothy Goossen to establish a 35-lot, 33-unit,
P5-S000(SC) zoned subdivision on RM-2400 zoned property located on the south
side of Serrano Avenue, southeasterly of the intersection of Serrano Avenue and
'Joh 1 Ranch Road.
lr
'..~ ~=-'-~-"~.' ...
. -_. . --- -
7f-/~21
City Hall. Anaheim, California - COŒ¡CIL ~1rmTrS - June 15, lQ7f), 1:30 P.t1.
City Planninr., Comr1Íssion Resolution ')0. PC7!Í-1nn granterl Variance ~10.
~R()F), in part, recommended that the City Council certify EIR No. 175, and that
Council Policy No. 53A be waived, as it pertains to Lot No.1 of Tentative
Tract 9313.
mVIRmnn:NTAL IMPACT REPORT ~m. 175 - CERTIFICATlmJ: EIR No. 175, supple-
nentary to BIR ;10. 80, havinr been reviewed by the City staff and recommended
by the City Planning Commission to be in compliance with City and State Guide-
lines and the State of California Environmental Duality Act, the City CouDcil,
acting upon such information and belief, does hereby certify, on motion by
Councilnan Thon, seconded by Councilrn.an Seymour, that T'.IR ;Jo. 175, supple-
mentary to EIR No. DO, is in conpliance with the California Environmental
Quali ty ¡\ct and City and State Guidelines. Councilwoman Kaywood voted "no".
~mTIO'1 CARRIED.
'To further action was taken by the City Council on Variance '10. 28n6.
~n motion by (ouncilnan Thom, seconded by Councilman Seymour, the City
Council granted waiver of Council Policy '10. 5311 as it pertains to Lot ~)o. 1,
Tract Ho. 9313. CouncihlOnan Kaywood voted "no". MOTION CARRIED.
Tÿ'/TATIVE HAP TRACT ;;0. 9313: (Robert and !ìorothy Goosen, Owners) Tract is
located easterly of the intersection of Serrano Avenue and Qohl Ranch Road;
containing 35 proposed RS-50nO(SC) zoned lots.
The City Plannine Commission approved 'Centative Tract ~~ap Ho. 9313 subject
to conditions.
~liss Santalahti reported on the Planning Department's recommendation that
an additional condition pertaining to tree preservation in the Scenic Corridor
be imposed upon approval of the Tentative r~p Tract No. 9313.
~n motion by Councilman Thom, seconded by Councilman Seymour, the proposed
subdivision, Tentative '-lap Tract ~To. Q313, together "lith its design and
ir.provern.ent, was found to be consistent ~,TÍth the City's General Plan and the
City Council approved said Tentative 'fap subject to the follmving conditions
recomrn.ended by the City Planninr Commission and, further, subject to an addi-
tional condition ~o. 17, as shm~ hereinafter:
1. That the approval of the tentative pap of Tract no. Q313 is granted
su~ject to the approval of Variance va. 2QO6.
2. That should this subdivision be developed as more than one
su~div;sion, each subdivision thereof shall be subritted in tentative forn for
approval.
3. That a combination masonry wall and landscaped earthen berm shall be
constructed on the north property line separating Lot ~Tos. 1 and 2fi throupb 33
from Serrano Avenue, the design and location of said wall and ben'1 to be
subject to the review and approval of the Dlanning Department.
4. That all lots 1-lÍthin this tract shall be served by underground
utilities.
5. 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.
6. That the covenants, conditions, and restrictions shall be submitted to
and approved by the Cit'" Attorney's nffice and the City Engineer 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.
7. That street names shall be approved by the Planning Department prior
to approval of a final tract map.
'L That the owner of subj ect property shall pay to the City
the appropriate park and recreation in-lieu fees as determined to
appropriate by the City Council, said fees to be paid at the time
permit is issued.
9. That drainage of said property shall be disposed of in a manner
satisfactory to the City Engineer. If, in the preparation of the site,
sufficient grading is required to necessitate a grading permit, no work on
p:radinr will be permitted between October 15th and April 15th unless all
required off-site drainage facilities have been installed and are operative.
Positive assurance shall be provided the City that such drainage facilities
of Anaheim
be
the building
lì
--",_..
ì ,,-42 :'
:'ity ],,:111, Anaheimt C;llifornia - COUNCIL HINUTES - June 15, 197F., 1:30 P.H.
~'Íll be coMpleted prior to nctober 15th. 'Tecessary right-of-way for off-site
dr3in3~e facilities shall be dedicated to the City, or the City Council shall
h:we init iated condemnation proceedings therefor (the costs of which shall he
horne hy the developer) prior to the conmenceMent of grading operations. The
re~uired drainage facilities shall be of a size and type sufficient to carrv
runoff waters originatin~ from higher properties through said property to
ultimate disposal as approved by the City Engineer. Said drainage facilities
shall be the first item of construction and shall be coMpleted and be
functional throughout the tract and from the downstream boundary of the
property to the ultimate point of disposal prior to the issuance of any final
bui1dinr inspections or occupancy perMits. Drainage district reimburseMent
:If'.reeMents may be Made available to the developers of said property upon their
refluest.
10. That gradin?, e}:cavation, and all other construction activities shall
tJe conducted in such a manner so as to miniMize the possibility of any silt
orip~atinp from this project beinr carried into the S~nta Ana River by storm
writer originatinp: from or flowinr through this project.
11. If permanent street na~e signs have not been installed, temporary
street name signs shall be installed prior to any occup;mcy.
12. That all structures constructed in this tract shall meet the
:-equ ireMents of Fire Zone ~:o. 4 as determined by the r:ity of Anaheim Fire
'1epartMent.
11. That a final parcel T'lap on subject property shall be recorded ~,!ith
the County Recorder prior to approvrll of a final tract map.
111. That prior to the approval of the final tract tT'.ap, the petitioner
shrill submit final specific floor plans, elevations and plot plans to the City
Council for approval.
15. That the public utility easeMents shall be surfaced in a manner
approved by the Utilities Di.rector, in order to allow adequate and suitable
access to said easement in emergency situations.
1(,. That the Minimum building setback on Lot 1;0. 1 shall be a
forty (40) feet adjacent to Serrano Avenue, per City Council Policy
unless the City Council waives said policy and pernits the proposed
(21) foot building setback for said lot.
17. That prior to approval of the final tract ~ap, a specimen tree plan
or other information, acceptable to the Planning Department, shall be submitted
to and approved by th Planni.np; DepartMent in accordance with the provisions of
the "sr" Scenic Corridor Zone nverlay.
Councih.¡oman Kaywood voted "no". ~fOTION CARRIED.
mininuM of
:To. 53~,
twenty-one
YAEIN1CE NO. 2810: Submitted by Lawrence A. Huckenthaler to establish an auto-
motive tune-up facility on CL zoned property located at 1601 í-Y. Crescent
\venue, with one Code waiver.
City Planning Commissicm Resolution ~To. PC76-109 recommended that subject
project be declared exempt from the requirement to prepare an EIR and granted
Vari.ance No. 2810. The City Planning Commission, by motion, further recon-
nended that the City Council terminate Variance No. 264R, which was previously
n:r.mted to pern:it establishment of a facility for sales and installation of
aut omobile tires, batteries" and accessories on subj ect property.
EmTIROIDmNTAL IMPACT - NEGATIVE DECLARATION: On motion by Councilman Seymour,
seconded by Councilwoman Ka)~ood, the City Council finds that this project will
have no significant effect on the environl'1ent and is, therefore, exempt from
the requirement to prepae an environMental impact report. N()TIOn CARRIED.
The City Council took no further action on Variance ~To. 2810.
RFlìLUTION no." 76R-337: Councilwoman Kaywood offered Resolution No. 76R-337
for adoption terminating Variance no. 2648.
Refer to Resolution Book.
.\ PJ:SOLUTIœr OF THE CITY COUNCIL OF THE CITY OF ANMŒIH TERHINATING ALL
PROCEEDINGS IN CONNECTION HITH VARIANCE NO. 264R.
Roll Call Vote:
1r
.~. ~
-_.,_."~~~~ -.-
7f,-423
City Hall, Anaheim, California - COUNCIL MINUTES - June 15, 197';, 1:30 P.M.
AYES:
"10E8:
ABSE!iT :
COUNCIL MEMßERS:
COIDTCIL HEHBERS:
COUNCIL ~ŒMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Resolution No. 76R-337 duly passed and adopted.
FIREHORKS DISPLAY PERMIT - FOLF RISSMILLER CONCERTS: Application submitted by
Gene Evans, Astro Pyrotechnics, for permit to discharge fireworks at the
Anaheim Stadium on July 3, 1976, for approximately fifteen minutes commencing
at 9:00 P.M., sponsored by the Holf Rissmiller Concerts, was presented for
Council consideration.
Councilwoman Kaywood left the Council Chamber.
(II: 00 P. H. )
'layor Thorn revie\.¡ed the policy which the Council has previously followed
of not approving applications for fire~~rks displays at the Stadium during the
interim period between June 3f) through July 4, so as not to detract froP1 the
!+th of July show staged by either ~r. Tommy Halker or the California Angels.
'fro TomT:1Y Falker, 1381 Halnut Avenue, ^nahein, stated that this proposal
is to present a fireworks display at the end of a function which is primarily a
concert, and as long as the producers of the concert proceed in this manner, he
\vould have no obj ection to this particular penr.it heing approved.
'Ìn ')otion by Councilman Thorn, seconded by Councilman Roth, the City
Council approved the application submitted hy Astro Pyrotechnics for a public
fireworks display, July 1, 1976, at the Anaheim Stadium. Councilwoman Y:aywood
temporarily absent. M()TION CARRIED.
Rj:CLASSIFICATIŒT no. 75-76-18 - REC!UEST FOR AMENDMENT TO CO}mITIO~T: The request
submitted by George E. Kerns of Salkin Engineering Corporation for an amendment
to Condition No.6 of City Council Resolution 'To. 76R-118 pertaining to
~žeclassification ~To. 75-7fi-1R \.¡as removed from the City Council Agenda, as
requested by the applicant, on motion by Councilman Thorn, seconded by
Councilman Roth. Councilwoman Kaywood temporarily absent. }!OTION CARRIED.
RESOLCTIOlT ~m. 76R-338 - AHARD OF v,TQRK ORDER NO. 778-B: In accordance with the
recommendation of the City Engineer, Councilman Thorn offered Resolution no.
76R-33R for adoption.
Refer to Resolution Book.
1\ RESOLUTION OF THE CITY COUNCIL ()F THE CITY ()F ANAl-ŒIM ACCEPTING A SEALED
PROPOSAL AnD AHARDING A CONTRACT TO THE LOHEST RESPONSIBLE BIDDER FOR THE
FUm-aSIIING OF ALL PLANT, LABOR, SERVICES, HATERIALS A~ID EQUIPMENT AIID ALL
UTIL ITIES AND TRANSPORTATION, INCLUDING PŒVER, FUEL MID HATER, MID PERFORHING
ALL FORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLmITNG PUBLIC IMPROVEIŒNT:
TRAFFIC SIGNAL MODIFICATION AND SAFETY LIGHTING INSTALLATION AT TIΠINTER-
SECTION OF LAKEVIEW AVENUE AND RIVERDALE AVENUE, IN THE CITY OF MTAHEIM, WORK
ORDER NO. 77R-B. (Steiny and Company, Inc. - ~46,OOO)
Roll Call Vote:
A YI:S :
NOES:
TE~ORARILY ABSE~IT:
ABSEH'!':
COUNCIL MEMBERS:
COID1CIL lŒMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Seymour, Kott, Roth and Thom
None
Kaywood
None
The Mayor declared Resolution No. 76R-338 duly passed and adopted.
RESOLUTION NOS. 76R-339 AND 76R-340 - WORK ORDER NOS. 794 AND 825: In accordance
with report and recommendations submitted by the City Engineer, Councilman Roth
offered Resolution Nos. 76R-339 and 76R-340 for adoption rejecting all bids
received on Work Order Nos. 794 and 825, respectively, and authorizing readver-
tiseT:1ent of same.
Refer to Resolution Book.
RESOLUTION NO. 76R-339: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
A11AHEUl REJECTING ALL BIDS RECEIVED UP TO THE HOUR OF 2:00 P.M. ON THE 10TJT DAY
1T
.."'-..
7(-,-424
City Hall, Anaheim, California - COUNCIL MINUTF.S - June 15, 197(" 1:30 P.H.
OF JUNE, 1976, FOR THE MANZANITA PARK PLAY EQUIPHF,NT CONSTRUCTION, AND READVER-
TISING THE OPENING OF BIDS THEREON, WORK ORDER NO. 794. (Bicis to be opened -
July 8, 1976, 2:00 P.H.)
1ŒSOLUTION NO. 76R-340: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REJECTING ALL BIDS RECEIVED UP TO THE HOUR OF 2:00 P.M. ON THE 10~T DAY
OF llNE, 1976, FOR THE MODJESKA PARK PLAY EQUIPMENT CONSTRUCTIOt1, ANn REAJWER-
TISP1G THE OPENING OF BIns THEREON, HORK ORDER NO. 825. (Bids to be opened -
July 8,1976,2:00 P.M.)
Roll Call Vote:
AYES:
!'iOES:
ABSTAUJED:
ABSmYT:
COUNCIL ME'.1-ffiERS:
COUNCIL HEHBERS:
COUNCIL MEHBERS:
COUNCIL MEMBERS:
Seymour, Kott, Roth and Thom
None
Kaywood
None
The Mayor declared Resolution Nos. 76R-339 and 76R-340 duly
passed and adopted.
Councilwoman Kaywood returned to Council Chambers during roll call vote on
the aforementioned resolutions and abstained from voting. (4 :02 P .N.)
ORDINA.~CE no. 3551:
Councilman Roth offered Ordinance ~'10. 3551 for adoption.
Refer to Ordinance Book.
A~1 ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING. (75-76-32 (2), RS-7200)
Roll Call Vote:
AYES:
'WES :
ABSr.NT:
COUNCIL NEMBERS:
COUNCIL MF.MBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thorn
Hone
None
The Mayor declared Ordinance No. 3551 duly passed and adopted.
ORDInANCE NO. 3553:
reading.
Councilman Roth offered Ordinance ~o. 3553 for first
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AHENDI~G TITLE 18 OF THE ANAHEU1 MUNICIPAL
CODE RELATING TO ZONING. (68-69-6, RM-1200)
ORANGE COUNTY CRIMINAL JUSTICE COUNCIL - APPOINTMENT: Councilwoman Kaywood
reported on the appointment of Mr. William O. Talley to the Orange County
Criminal Justice Council at the recent meeting of the League of California
Cities, Orange County Division.
PAC COMMITTEE APPOINTMENT: Councilman Roth introduced a letter received from Hr.
Gant Eichrodt offering his services to the Council for appointment to the PAC
Committee for Project Alpha. r1r. Eichrodt addressed the Council, briefing some
of his views and positions on redevelopment, and his work, and educational
experience. No action was taken by the City Council.
RECESS - EXECUTIVE SESSION: Councilman Thorn moved to recess to Executive
Secsion. Councilman Seymour seconded the motion. NOTION CARRIED. (5:15 P.~1.)
AFl'ER RECESS: Mayor Thom called the meeting to order, all Council Hembers being
present. (6:12 P.M.)
RECESS: Councilman Kott moved to recess to 7:30 P.H.
the motion. HOTION CARRIED. (6: 13 P.M.)
Councilman Roth seconded
ALONA M. HOUGARD
By:
.~ ." A,"~ ,:. t
~.//...".,> ~"~A_'!..."-'
Deputy
1ì
~.~,.._"-_.. >...
.._--
7 (,-4 7. 5
City Hall, Anaheim, California - COUNCIL HINUTES - June 15, 1971), 1:30 P.}1.
PRESEN':':
ARS PIT:
PRESE:n:
comlCIL ~fE~mERS: r:aywood, Seymour, Kott, Roth and Thom
COl)'.ICIL ME~mERS: 'Tone
1\SSISTNn CITY !>!Al.TAGER: Uilliam O. Talley
DEPUTY CITY ATTOR~mY: Frank 1\. Lowry, Jr.
DEPUTY CITY CLERK: T,inda D. ~oherts
CITY ENGINEER: James rfaddox
ZŒUNG SUPERVISOR: Annika Santalahti
AFTER RECESS:
'fayor Thorn called the meet ing to order.
(7:30 P.~i.)
PUBLIC !IEARI~IG - CO!\ffiITIO'TAL ['SE PERMIT roo lfi16 - VARIN1CF. no. 2R07:
Application of Imperial Properties to perMit a drive-through restaurant and to
construct two comMercial buildings in a planned-unit shopping center with the
follm.;rin[ Code \,¡aivers was suhMitted, top-ether \,¡ith application for negative
,1eclaration status from the requirement to prepare an FIR. (',L (SC) zoned
~ronerty is locaten on the north side of Santa Ana Canyon noad, east of
I~perial ni13hway.
r'nnditional TTse PerMit '10. IhIh:
é!.
b.
"inimun nun"her of parkin¡ sp<lces.
lUnimum structural sethac1: adjacent to an expressw'ay.
uilriance ~To. 2RO2:
HiniT1lU1'1 structural setback adjacent to an expressway.
City Planning Commission Resolution 'To. PC711-RO recomriended that the City
Council declare subject project exeupt from the requireMent to prepare an fIR
anè r;ranted C:onditional TTse Pernit ~TO. Ifi16, subject to certain conditions.
':ity Plannin¡>; CoDmission Resolution ';0. T'C7fi-í1I ßranted Variance no. 2~()2,
suhject to certain conditions.
;eview of action taken hy the r:ity T'lanning COMMission ,vas reque£ted hy
'layor n. J. "Bill" Thorn at the City Council r~eeting of Hay 1R, lo7fi, and public
hearinr scheduled this date at an eveninp; session, pursuant to the request of
the Santa Ana Canyon ImproveTI'.ent J\ssociation, Inc.
~fiss Santalahti briefly revieHed the staff report submitted to and
considered by the City Planning Conmission.
'ly. Harry "Rinker, Imperial Properties, requested
this Condit ional T!se Permit and Variance be continued
sufficient time to provide a complete presentation to
the type of project his firm is plannin~.
that consideration of
tvo weeks to allm\T Idm
the comMunity regardin~
'frs. Mary Dinndorf, 131 La Paz Street, President of the Santa Ana Canyon
Tnprovement Association, Inc., arreed to the continuance and to the proposed
TIeetinp so that the members of her organization night hear for themselves ~fr.
'\inker's plans.
Following brief discussion, it was determined that the informational
meetin~ at which Mr. Rinker could present his plans would be held at the
Anaheim Hills Golf Cour:'e Club House, June 23, 1976 at 7:30 P.lI.
~n motion by CouncilMan Roth, seconded by Councilman Seymour, the public
hearing on Conditional Use Permit ~To. 1616 and Variance ~To. 2RO? was continued
tf' June 29, 1976 at 7:30 P.~l. MOTIŒ1 CARRIED.
TRACT NO. 8949 - FINAL MAP A..~D REHOVAL OF HEALTHY TREES: (Continued from the
meeting of June 8, 1976, and further continued froTI the 1:30 P.~1. session this
date, to be considered at this time.) The Deputy City Clerk reported that
letters have been received from Mr. owen Brown, 6694 E. Paseo Del 110rte,
Anaheim, and Mrs. Hary Dinndorf, 131 La Paz Street, lmaheim, indicating obj ec-
tions to the removal of the healthy specimen trees, and that copies of said
letters have been furnished each Council Member.
lr
._.~_...
~h.-¡"'f.
City !iall, Anaheim, California - COUNCIL MPTUTES - June 1<;, ]'176. 1:3f) P.H.
Also received \.,ras a letter froT'1 ~fr. T',ohert Snader. .^.ttorney at Lml. fJ777
"iIshire Roulevard. Beverly Hills, rppresent:ln? the John Pertin DevelopT'1ent
('orporation. indicating various points of la\,1 in connection with his contel1tion
thRt the final man should he approve~ without further delay. and without
reference to the reT'1oval of trees.
'1r. Lowry responded to this letter that the City Attorney's ()ff:lce is not
in a¡>reement with his opil1ion. Fe stated that the California Suhdivision
'~n ~ct of 1°74 requires and mandates the ~ity Council to disapprove any final
tract ~ap regardless of prior approval if they find anyone of seven ?rounds to
ex) st in connection with that final T'1ap. He outlil1ed thp seven rrounds upon
'.,-hicn t}1Ï s disapproval could he hased. He stressed that this is not a Matter
e1f case law. hut State law approved in ~~arch of 1 Q75, which supersedes previous
C: 3 se s.
"fr. Snarler hriefl v stated that hoth he and Hr. Fertin ap:ree that the pro-
visions of the Tree Pr~servation Ordinance are hindinp. and ~r. Vertin intends
to comply. lie reiterated it is their contention that the appropriate time for
consideration of the tree removal was at the time the fIR and Tentative Tract
"ere suhmitted for Council approval; that these matters were considered and
('ouneil approval given in Aup:ust and SepteT:1her of 1'17'); and that in reliance of
those proceedings. Hr. Hertin has invested sums of monev to complete his pro-
leet to final map stage.
Spea~ing in opposition to the requesterl removal of trees were: }!itzy
nzaki. 340 Timken Poad, AnaheiT'1; Herhert Christensen. 510R Crescent Drive,
\nahein, Dave Canady, 5817 Avenida Portola. Anahei~; Rill Haliss, 5075 Crescent
~rive; ~am Gaylord, President of the Santa Ana Canyon Homeo~mers Association;
"arold Jones, 751 Peralta Pills Drive. ,^naheim; and Joel Gold. 1°1 Cobblestone
Lane. Anaheim.
'1ajor points raised in opposition \.:rere: 1). the precedent removin~ of
~lp trees \,rould estahlish. particularly in view of the fact tnat the Tree
:'rpsprvation nrc!inance is a recently adopted piece of lp7islation; 2). thé1t it
is time land developers adopted their plans to work around the natural ameni-
ties and not destroy theT'1 and expect nature to comply with man's plans; 1).
tJ.,:1t tnp natural a~en:l.ties. inc]ur1ing trees. are preserved when a custOT'1 home
ls ¡"uilt. and these thin~s take second place in the huildinf of a ~roup of
.r;cs such 3S this. inasnuch as the prime ronsideration is tne yield of units
)r t'ìP. property; t,). that because of the nuT'1her of units and lack of variation
:r :oot1>acks. alent' uith t}~e rerooval of trees, sul)jeet ho1"es Houle! take on the
1ppearance of a tract; ')). that after removal of the trees. t~e Santa ^na
.',¡nvon would no lonp-er enjoy their hufferinr effects during occurrence of
tron~ wind; and 6). that the trees provide a hahitat for quail. rahhits, and
other wilcHife which should he preserved.
In addition to the ahove points. Prs. Oza~i cited the recent experiences
)f a land developer in the Lake Forest section of nrange County. who \.,1<lS inun-
!ated ~.ith prospective buyers for a small tract of homes in and around which
the trees were left standing. She presented photo~raphs for Council review.
'1r. John Griffin. 7í)5 Peralta Hills Drive. Anaheim. queried whether the
';'ree Ordinance required any not ice to adj acent property owners when a developer
':dshes to rerlove trees. and ~1r. Lowry explained that since this deals \.,rit}l a
OJeDal section of the Co'~e and not a zoninp, section, there is no notification
Drovision.
During discussion it was hrought out hy }.fr. Herbert Christensen that some
of the objections raised hy Peralta Hills nomeowners related to fears that this
Droject, when complete. \wuld have a tract-like appearance, as opposed to the
existing custom-built homes in that area. It was also noted that these are
~roposed to be built on one-acre gross lots, whic}l lot includes that portion of
the property located in easements for possible future roadway extension.
'1r. Joel Gold advised that he had been
4.7 acres of property adjacent to Tract No.
',;ithout tree removal. and would be strongly
'(r. ~:ertin' s request to remove trees.
ahle to construct housing units on
8949 with minimal pad gradinp: and
opposed to the Council's granting
11
.".., .,...
,--
7 f, -II'} 7
City Hall, Anaheim, California - COUNCIL MINUTES - June 15, lQ7F1, 1:'3f') P.'1.
In summary, ~r. Wertin recapitulated his position as stated at the Council
neetinr of June ~, lQ76, that he believes the appropriate time for considera-
tion of the trees was at the time the fIR élnd TentativE" 'Æap were subnitted to
the Council; that he is not personally in favor of the extension of Lakeview
Avenue, but has conditionally dedicated the easements necessary because of the
conditions imposed upon his tentative tract map; that he has develope~ in this
tract twenty-one lots on 22.S acres and has spent a p:reat deal of time and
money to design a pood tract; that the cost for these homes would range between
~17n,~nn and ~210,OOn, and there would be twelve different elevations witr set-
hac} variations of twenty to fifty feet; that he felt there was good cause in
accordance with the provisions given in the ordinance for removal of the trees,
as these trees would affect future construction; and that he intends to fully
comT'lv Hith the orrlinance insofar as replacement of the trees is concerned.
Councilman Seymour noted the condition imposed earlier in the Council
:,('pUn!' on ;entative Tract ~~o. C)313, which, essentially, if it nad l>een inposed
upon Tentative Tract ~'10. BQ4°, would have "plup:ged tlle loophole" and resolved
this problem some time ago, and this situation would not have proceeded to this
point. Therefore, since a system has now been established and since Mr. ~¡ertin
apparently felt he understood the rules and was in compliance, Councilman
Seyt'our stated that he felt Final ~1ap Tract 1:0. ~Q4° should be approved at this
ti~f', in reliance on the fact that staff has now instituted procedures vmich
\JOuld preclude the removal of trees from escap1ng tne attention it ,.yarrants long
before a tract map is in its final stage and thereby preclude the establishIT'ent
of any precedent in this case.
Councilman Seymour added that the concern expressed ny honem,mers in
Ppralta Hills should be reco~ni~ed and that perhaps this requires review ~y the
rlannin~ Commission to see that appropriate architectural controls are enacted
to protect their environment.
Insofar as the Lakeview Avenue extension is concerned, CouncilMan Seymour
was of the opinion that the conditional dedication should express in very clear
lanpuage that it is the intent of the City of Anaheim to pursue the policy
al ready adopted by the Council in opposition to any extension of Lakevie~,]
Avenue through Peralta Hill s.
In response to this, Mr. ~1addox read from the certification proposed for
the final map that the easements and access rights for Lakeview Avenue are
dedtcated with said dedication to become effective "upon the determination of
npf>d for the construction of Lakeview Avenue by the City of Anaheim."
'1r. Lowry stated that once the Lakeview Avenue extension right of Hay is
no lonrer considered on the County and other governmental agency maps, then the
C1ty could relinquish or quitclaim to the property owner any rights to easements
or access.
Councilwoman Kaywood remarked that she favored the architectural review
idea for the Peralta Hills area; that, although she felt it unfortunate that
~1r. Hertin has found himself in this situat ion, it is certainly easier to
rearran~e something while it is on paper, rather than once the trees are
removed. Regarding the Lakeview Avenue extension, Councilwoman Kaywood
commented that the reason this is still shown on the various City maps is that
if Anaheim were to un1laterally exclude reference to same, it would mean the
loss of S40n,Onn to SSOf'.onn annually in County AFHP Funds.
BOTTON:
approved
PI;1T1ning
was when
seconded
Councilman Seymour moved that the final map of Tract No. 8Q49 be
based upon the finding that it is his belief the appropriate time for
Commission, Staff and Council to review and dispose of the tree matter
the Tentative Tract Map and FIR were presented. Councilman Roth
the motion.
It was noted, in response to Councilman Roth's question, that the Tree
Preservation Ordinance dictates the size of replacement trees to be planted by
indicating the size, determined by growth rate, it would reach within a specific
period of time.
The aforementioned motion failed to carry hy the following vote:
AYES:
~Or.S :
COUNCIL MEMRERS:
COUNCIL MEMBERS:
Seymour and ~oth
l:aywood, Kott and Thom
1ì
.~.,._.-.".-
..-.,
,_., .
Citv J1;:¡ll, ^naheim, California - ('.OUNCIL MI"HJTf.S - June 15, lQ7f>, ]:3n p.~r.
'~niln'T: Council~an Thom moved that Final Hap of Tract ~:o. ~r¡lIQ he neniec1 on
the h~sis that a) the desirn or improvrnent of the proposed suhdivision is not
co~sistpnt with the applicable reneral and specific plans, ann ~) the drsirn
of the nubdivision or proposed improve~ents are li~ely to CRuse substantinl
environnental damare and/or substantinl] v or avoidably injure fish or wildlife
or their habitat; and, further, that permission to rel11ove healthy specinen
tre(~s he clenied. C'.ounc ihJOman Yaywooò seconded the notion. To this !'loti on,
Council lIembers SeYMour and Roth voted "no". 'fOTInN C^RRI-';;D.
'!r. Snader stated that he wished to call to Council's attention the
purpose of the approval or disapproval of a final map, Le., that it is to the
forr and specification of matters set forth on the tentative Map and, further,
that the ~.mole purpose of having two stages is so that a developer will be able
to modify his tentative nap and proposed plans early in the planninr, stare.
'fro Snader further wished the record to reflect very clearly that the onlv
matter which 'Ire T.]ertin has brought to Council for consideration ~vas the Final
'lap of Tract ;':0. SQ4Q, and that he had nothing to do with the schenuling of the
request for removal of specimen trees.
'1iss Santalahti explained that in connection with the Final ~ap of Tract
;'0. 8r¡l~q and the grading plans therefor, the Planning Department requeste(1
that the developer submit information relative to trees. Upon receipt of the
map, it "Tas determined that there was a problem rvith construction of the pad
areas indicated in relationship to the trees, and for that reason the Planninr
'lepartment did schedule cons:!.deration of the tree question prior to approval of
thE" final map.
In response to Councilman Seymour's comment that fir. Snader ra:!.sed a point
which influenced his motion to a considerable degree, Le., that the Council,
heretofore, has been advised that the approval of a final map is a ministerial
act and that a final map which is substantially in conformance with the tenta-
tive, would be construed as approved automatically within ten days, rerardless
of Council approval. ~r. Lowry explained that in March of 1Q75, the State law
rerardinp: the Subdivision Hap Act was revised, and this was implemented in the
City of Anaheim in October of 1Q75. In this revised rep;ulation, Section F.F474
clearly provides that a lepislative body shall deny approval of a final or a
tentative subdivision map if it makes anyone of seven findings therein indi-
cated, two of which are those cited by Mayor Thom in his motion.
Hr. Snader wished to call attention to certain other sections of the
Subdivision Map Act, and tlr. Lowry advised him that upon appropriate petition
'.vithin 30 days of the Council's action, the matter could be brought before the
City Council for rehearing and, further, that misapprehension of the law would
be considered such grounds.
'.1nTION: It was moved by Councilman Seymour and seconded by CouncihlOman
~aywood that the Planning Commission be directed to review the Peralta Hills
area with the idea of establishing some type of architectural revie,v which
would insure the quality of the custom-built home environment existing in that
area. nOTION CARRIED.
t.[)J()URN'MEI~T: Councilman Kott moved to adjourn.
",otion. HOTION CARRIED.
Councilman Thorn seconded the
Adjourned:
Q:50 P.ti.
ALONA M. HOUGARD, CITY CLERK
,By:
:.:;":'..Ai.. .J ,..j... /'" q-t <?A.~Z;::
Deputy
1I
,.,.~h_',.............
._~.,-