1976/11/0976-811
City Ha...ll, Anaheim,... California - COUNCIL MIN_UTES - Novembe. r 9, .1.976, 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
FINANCE DIRECTOR: Michael Moore
PLANNING DIRECTOR: Ronald L. Thompson
ASSISTANT PLANNING DIRECTOR- ZONING: Annika Santalahti
CITY ENGINEER: James P. Maddox
EXECUTIVE DIRECTOR' Norman J. Priest
TRAFFIC ENGINEER: Paul Singer
ZONING ENFORCEMENT OFFICER: Whitey Walp
SANITATION INSPECTOR: Harry Boyd
Mayor Thom called the meeting to order and welco.med those in
attendance to the Council meeting.
INVOCATION' Reverend Jim Kasper of the Melodyland Hotline Center gave the
Invocation.
FLAG SALUTE- Councilman John Seymour led the Assembly in the Pledge of
Allegiance to the Flag.
RESOLUTION OF SUPPORT' A Resolution of Support was presented to Janice Hanson
for "Southern California Teen Challenge Week", November 14- 21, 1976.
MINUTES' Minutes of the adjourned'regular meeting held August 18, 1976,
were approved on motion by Councilman Thom, seconded by Councilman Seymour.
Councilman Roth abstained. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIiONS, 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 a Council Member for the reading of
such ordinance or resolution. Councilwoman Kaywood seconded the motion. MOTION
UNANIMOUSLY CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,490.,939.19, in accordance
with the 1976-77 Budget, were approved.
NCR MODEL 250 ELECTRONIC CASH REGISTERS' Finance Director Michael Moore explained
the need to purchase two NCR Model 250 electronic cash registers for the Collections
Division as reported in his memorandum of October 27, 1976, as there was no way
of fixing the existing units without a large expenditure of money and vendors would
not guarantee repairs.
On motion by Councilwoman Kaywood, seconded by Councilman Seymour, appropriation
from the Council Contingency Fund of $10,500 for the purchase of two NCR Model 250
electronic cash registers for the Collections Division was approved. 'MOTION
CARRIED.
REQUEST TO AMEND BOUNDARIES OF FIRE ZONE 1 ~: On motion by Councilman Seymour,
seconded by Councilman Roth, the City Attorney was authorized to prepare an
ordinance amending Title 16, Chapter 16.16 to amend boundaries of Fire Zone 1
as recommended by the Community Development Department in memorandum of October 15,
1976. MOTION CARRIED.
LONG-TERM DISABILITY PLAN: City Manager Talley, pursuant to memorandum dated
October 29, 1976, from the Personnel Department, recommended approval of the
proposal of Aetna Life and Casualty Company to renew the City's Long Term
Disability Plan effective November 10, 1976 through July 1, 1977. Solicltation
of bids from 22 companies was made through the Independent Insurance Agents
Association of Anaheim because of the anticipated increase .of rates as outlined
in letter dated October 26, 1976, from Aetna Life. Only two viable proposals
were received, one of which was Aetna Life, thetr's being the lowest of the
two bids received. Mr. Talley explaine~ however that additional funding of
$30,950.00 to cover the pro~ram for the remainder of the fiscal year was neces-
sary from the Council Contingency Fund because it was not anticipated in the
current budget.
76-812
·
City Ha.l_l, Anaheim, California - COUNCIL MINUTES - November 9, 1976, 1'30 P.M.
On motion by Councilman. Roth, seconded by Councilwoman Kaywood, the proposal
of Aetna Life and Casualty to renew the Long Term Disability Plan, effective
November 10, 1976 through July 1, 1977, at an additional cost of $30,950.00 to
be transferred from the Council Contingency Fund,was approved. MOTION CARRIED.
URBAN ECONOMIC PLANNING GRANT APPLICATION: Mr. Talley explained that as part of
a series of meetings of the Economic Development Task Force, it was determined
to be in the best interest of the City to file an Urban Economic Planning Grant
Application, which application would facilitate the acquisition of Federal Funds
if a specific plan is formulated.
Councilman Kott questioned staff regarding the administration of the grant and
also requested an. update on the activities of the Economic Development Task
Force.
Mr. Talley indicated that under the requirements of EDA, a project director
who would report to the City Manager would administer the grant.
Concerning the Economic Development Task Force, Councilman Seymour explained
that the two meetings had thus far been held made up of himself and Councilman Roth,
as well as business leadership vocalized in the Chamber of Commerce. Discussed
was the need for rapid economic growth in the northeast industrial area and the
means to accomplish that growth thereby broadening the City's tax base in order
to keep property taxes to a minimum. It was determined that the City's role
would be one of a technical nature and identifying industries best suited for
the community and the development of the necessary related data; thereafter
it would be the responsibility of the business .leadership to sell the package -
each group to finance their own activity.
Councilman Seymour offered Resolution No. 76R-696 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 76R-696' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAt{~ EIM APPROVING AND AUTHORIZING THE CITY MANAGER TO FILE AN URBAN ECONOMIC
PLANNING GRANT APPLICATION WITH THE ECONOMIC DEVELOPMENT ADMINISTRATION PUR-
SUANT TO THE PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965, AS AMENDED.
Roll Call Vot~e'
AYES' COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom
NOES- COUNCIL MEMBERS' None
ABSENT' COUNCIL MEMBERS' None
The Mayor declared Resolution No. 76R-696 duly passed and ado-pted.
EXCHANGE AGREEMENT AMENDMENT- (agreement dated June 21, 1974, between Oran_g~
Unified School Distri. ct, Santa Ana Canyon Improvement Association, Inc., City
of Anaheim, Texaco Anaheim Hills, Inc., and Anaheim.Hills, Inc. - School Site
Number 2) Councilwoman Kaywood offered Resolution No. 76R-697 for adoption.
Refer to Resolution book.
RESOLUTION NO. 76R-697' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING AN AMENDMENT TO EXCHANGE AGREEMENT FOR CERTAIN REAL PROPERTY IN THE
ANAHEIM. HILLS PORTION OF THE CITY oF ANAHEIM AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE SAME.
Roll Call Vote'
AYES' COUNCIL MEMBERS: KaYWood, Seymour, Kott, Roth and Thom
NOES' COUNCIL MEMBERS~¢ None
~ABsENT- COUNCIL MEMBERS- None ~'
, .
The Mayor declared-Resolution No. 76R-697 duly' passed and adopted.
OFFER TO BUY CITY-OwNED .PROPERTY - 460 NORTH MARIPOSA' (Barragan) Councilman
Seymo~r Offered ReSoluti°n No. 76R-698 for adoption accepting an offer to buy
City-owned property located at 460 North Mariposa, for $39,950~00 under the terms
and conditions stipulated by the City Attorney's. Office and subject to a deposit
· 76-813
City H.a. ll, Anaheim, California - COUNCIL MINUTES - November 9, 1.9.76~ l:f30 P.M.
of $1,000, forfeiture of same for non-performance, and escrow instructions to be
signed within five days. Refer to Resolution Book.
RESOLUTION NO. 76R-698' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REJECTING AN OFFER TO PURCHASE CERTAIN CITY-OWNED PROPERTY AND OFFERING TO SELL
SAID PROPERTY SUBJECT TO CERTAIN CONDITIONS. (Barragan)
Roll Call Vote'
AYES' COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom
NOES' COUNCIL MEMBERS- None
ABSENT' COUNCIL MEMBERS' None
The Mayor declared Resolution No. 76R-698 duly passed and adopted.
OFFER TO BUY CITY-OWNED PROPERTY - 456 NORTH MARIPOSA: (Rex-Harbin) Councilman
Seymour offered Resolution No. 76R-699 for adoption accepting an offer to buy
City-owned property located at 456 North Mariposa for $39,950 under the terms
and conditions stipulated by the City Attorney's Office. Refe. r to Resolution
Book.
RESOLUTION NO. 76R-699' A RESOLUTION OF THE CITY COUNCIL'OF THE CITY OF ANAHEIM
ACCEPTING THE TERMS AND CONDITIONS OF AN OFFER TO PURCHASE CERTAIN CITY-OWNED
PROPERTY AND AUTHORIZING EXECUTION OF A DEED TO SAID REAL PROPERTY. (Rex-Harbin)
Roll Call Vote'
AYES' COUNCIL MEMBERS- Kaywood, Seymour, Kott, Roth and Thom
NO~S' COUNCIL MEMBERS' None
ABSENT- COUNCIL MEMBERS' None
The Mayor declared Resolution No. 76R-699 duly passed and adopted.
REVERSION TO ACREAGE MAP OF TRACT NO. 9312' In accordance with recommendations
of the City Engineer outlined in his memorandum of October 21, 1976, Councilman
Roth offered Resolution No. 76R-700 for adoption. Refer to Resolution' Book.
RESOLUTION NO. 76R-700: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
FINDING AND DETERMINING THAT CERTAIN DEDICATIONS SHOWN ON TRACT MAP NO. 8101 ARE
NO LONGER NECESSARY FOR PRESENT OR FUTURE PUBLIC PURPOSES AND APPROVING REVERSION
OF ACREAGE ON TRACT MAP NO. 9312.
Roll Call Vote'
AYES- COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom
NOES' COUNCIL MEMBERS' None
ABSENT- COUNCIL MEMBERS' None
The Mayor declared Resolution No. 76R-700 duly passed and adopted.
AMENDMENT TO COUNCIL POLICY NO. 701 - CHARGES FOR SIDEWALK REMOVAL AND REPLACEMENT:
On motion by Councilman Roth, seconded by Councilman Thom, amendment to Council
Policy No. 701, authorizing reimbursement charges for removal and replacement
of sidewalks at $1.00 per square foot for four-inch sidewalk, and $1.25 per square
foot of six-inch sidewalk was approved. MOTION CARRIED.
REPORT ON ANAHEIM BICENTENNIAL COMMITTEE- As requested by Councilman Kott at the
meeting of October 26, 1976, City Manager Talley presented two extensive reports
dated November 5, 1976 (on.file in the City Clerk's Office); one prepared by the
City Attorney and the other by the Director of Finance relative to the activities
of the subject Committee. He indicated that both the City ~dminis~r&tion and the
Bicentennial Committee were neglectful with respect to the terms of the contract
but that the chief responsibility was on the part of the City in not seeing that
the contract was administered in strict conformance with its issue. Since the
Bicentennial Committee did not provide the required quarterly reports, the City
did not deduct revenue funds that were being collected by the Committee. He
explained that the Committee did submit a report through October 31, 1976, where-
in they returned all funds owed to the City with the exception of one outstanding
obligation relative to the Freedom Train and he recommended, following .discussion,
.
76-814 '
City Hal.1.,._ Anaheim, California - COUNCIL MINUTES - Novem. b..er...9, 1.976~.. !'30 .P.M.
a motion authorizing a paper transfer of approximately $18,000 to the accounts
of Anaheim Stadium with the balance to be deposited back to the General Fund
of the City.
Councilman Kott asked for an accounting of $9,000 given to the Bicentennial
Committee in December of 1974.
Mr. Talley explained that the amount covered expenditures from December, 1974
through June 30, 1975, for organizing efforts before presenting a budget to
Council which was subsequently approved and amended into the contractual rela-
tionship, which amount was in addition to the $86,080 the City agreed to pay
the Committee in 12 equal amounts, payable on the first day of July, 1975.
Councilman Kott questioned a discrepancy of $76.32 on Warrant No. 5171 wherein
on the schedule of payments it was listed as being $7,173.33; a photocopy of
the actual warrant reflected an amount of $7,249.65. After research, it was
determined that the $76.32 covered an item charged to the Council Budget and
not part of the Bicentennial contract; therefore, it was not included in the
·
amount listed on the schedules submitted by the Finance Department.
Further discussion of the contract followed between Councilman Kott, Mr. Talley
and Mr. Moore at the conclusion of which Councilman Kott emphasized that his main
concern was the principle of accountability and responsibility of taxpayers'
funds. He did not think that anyone tried to abscond with any monies involved.
Councilman Roth stressed that it was important for the people in the Council
Chamber and the Press to be aware that all funds relating to the Bicentennial
Committee activities were properly accounted for and that there was no evidence
of misconduct or fraud involved either by the Bicentennial Committee or the
people so named in the report submitted two weeks prior.
Mr. Moore, in answer to Councilwoman Kaywood, stated that $2,900 in Finance staff
time had been expended to compile the detailed report requested. Councilman Kott
suggested that if contracts were better scrutinized such expenditure would
not be necessary.
Mayor Thom stressed that department heads should keep a record of the amount
of money spent in responding to requests made by the Council for special reports.
He stated, however, that any Council Member had the right to ask for such reports,
but the responsibility was that of the individual Council Member involved.
Councilman Kott stated that he was there to represent the taxpayer of the community,
not City emplo, yees, bureaucrats or anybody else and if they felt he was wrong,
they could replace him at the proper time.
On motion by Councilman Roth, seconded by Councilman Thom, the requested report
was received and filed by the Council. MOTION CARRIED.
PUBLIC HEARING - RECLASSIFICATION NO. 76-77-11 (READvERTISED) Ai~D YARIA~CE N~.2853-
Application by Royal C. and Louise H. Marten, for a change in zone from RS-A-43,000
to RS-5000, to construct a seven lot, 4-unit subdivision, on property located
at the northwest corner of Teranimar Drive and Western Avenue. With code waivers
of the requirement that all single-family structures rear on an arterial highway.
The City Planning Commission pursuant to Resolution No. PC76-193 recommended
that the subject project be declared exempt from the requirement to prepare
an Environmental Impact Report, pursuant to the provisions of the California
Environmental Quality Act and, further recommended that Reclassification No.
76-77-11 (readvertised) be approved, subject to the following conditions'
1. That the owner shall dedicate to the City of Anaheim a standard property
line .return at Teranimar Drive and Western Avenue.
2. That sidewalks shall be installed along Western Avenue including standard
corner block at Teranimar Drive and Western Avenue as required by the City
Engineer and in accordance with standard plans and specifications on file in the
Office of the City Engineer. '
76-815
City__Hall, Anaheim, California - COUNCIL MINUTES - November 9_~ 1.976,, 1:30 P..M.
3. That street lighting facilities along Teranimar Drive and Western Avenue
shall be installed as required by the Director of Public Utilities, and in
accordance with standard specifications on file in the~ Office of the Director
of Public Utilities; or that a bond, certificate of deposit, letter of credit,
or cash, in an amount and form satisfactory to the City of Anaheim shall be
posted with the City to guarantee the installation of the above-mentioned
requirements.
4. That the owner(s) of subject property shall pay to the City of Anaheim the
sum of sixty cents (60¢) per front foot along Teranimar Drive and Western Avenue
for tree planting purposes.
5. That drainage of subject property shall be disposed of in a manner'satis-
factory to the City Engineer.
6. In the event that subject property is ,.to be divided for the purpose of sale,
lease, or financing, a parcel map to record the approved division of subject
property shall be submitted to and approved by the City of Anaheim and then be
recorded in the office of the Orange County Recorder.
.
7. That the owner of subject property shall pay to the City of Anaheim the
appropriate park and recreation in-lieu fees as determined to be appropriate by
the City Council, said fees to be paid at the time the building permit is issued.
8. That all lots within this development shall be served by underground utilities.
9. That appropriate water assessment fees, as determined by the Director of
Public Utilities, shall be paid to the City of Anaheim prior to the issuance of
a building permit.
10. Prior to the introduction of an ordinance rezoning subject property, Condi-
tion Nos. 1, 3, and 4, above-mentioned, shall be completed. The provisions or
rights granted by this resolution shall become null and void by action of the
City Council unless said conditions are complied with within one year from the
date hereof, or such further time as the City Council may grant.
11. That Condition Nos. 2, 5, and 8, above-mentioned, shall be complied with
prior to the final building or zoning inspections.
The City Planning Commission, pursuant to Resolution No. PC76-194, granted
Variance No. 2853 subject to the following conditions'
1. That this Variance is .granted subject to the completion of Reclassification
No. 76-77-11, now pending.
2. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
through 4.
The City Planning Commission terminated Variance No. 2834 at the request of the
petitioner since said Variance is no longer applicable.
Miss Santalahti described the location and surrounding land uses. She outlined
the findings given in the staff report which was submitted to and considered by
the City Planning Commission.
The Mayor asked if the applicant or applicant's agent was present and wished to
be heard.
Jim Barisic, Suite 101, 4848 Lakeview Avenue, Yorba Linda, Agent for the applicant,
stated that the original applicat.ion was for R-2 development for duplexes, but
they were unaware at the time of filing that the neighbors were going to have such
formidable opposition to the project. He explained, however, that such opposition
was precluded after resubmitting plans for a straight single-family development.
The Mayor asked if anyone wished to address the Council, either in favor or in
opposition; there being no response, he closed the public hearing.
IlL ~ll Lmm _l I I I i i_ m i i ii mlllj.~l
76-816 .
City Hall, Anaheim, California - COUNCIL MINUTES - November_ 9, 1_97._6, 1.'30 P.M.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Roth, seconded by Councilwoman Kaywood, the City Council finds that the proposed pro-
ject would have no significant effect on the environment and is, therefore,
exempt from the requirement to prepare an EIR. MOTION CARRIED.
Councilman Roth offered Resolution No. 76R-701 authorizing preparation of the
necessary ordinance changing the zone as requested, 76R-702 granting Variance
No. 2853 in accordance with the City Planning Commission recommendations, and
76R-703 terminating Variance No. 2834, for adoption. Refer to Resolution Book.
RESOLUTION NO. 76R-701: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE
CHANGED. (Reclassification No. 76-77-11)
RESOLUTION NO. 76R-702' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
GRANTING VARIANCE NO. 2853.
RESOLUTION NO. 76R-703' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 2834.
Roll Call Vote-
AYES- COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom
NOES' COUNCIL MEMBERS' None
ABSENT' COUNCIL MEMBERS- None
The Mayor declared Resolution Nos. 76R-701 through 76R-703, both inclusive,
duly passed and adopted.
PUBLIC HEARING- RECLASSIFICATION NO. 76-77-16 AND CONDITIONAL USE PERMIT NO. 1654'
Application by Bernardo M. and Margaret L. Yorba, for a change in zone from
RS-A-43,000 to CL(SC) to permit a drive-through restaurant with a code wai_vor of
permitted signing on property located on the west side of Imperial Highway, south
of La Palma Avenue.
The City Planning Commission, pursuant to Resolution No. PC76-195, recommended
that the subject project be declared exempt from the requirement to prepare an
Environmental Impact Report pursuant to the provisions of the California Environ-
mental Quality Act and, further r&commended that Reclassification No. 76-77-16 be
approved, subject to the following conditions-
1. That all engineering requirements of the City of Anaheim along La Palma
Avenue and Imperial Highway, including preparation of improvement plans and
installation of all improvements such as curbs and gutters, sidewalks, street
grading and paving, drainage facilities or other appurtenant work, shall be
complied with as required by the City Engineer and in accordance with standard
plans and specifications on file in the Office of the City Engineer; that street
lighting facilities along La Palma Avenue and Imperial Highway shall be install-
ed as required by the Director of Public Utilities, and in accordance with
standard specifications on file in the Office of the Director of Public Utilities;
or that a bond, certificate of deposit, letter of credit, or cash, in an amount
and form satisfactory to the City of Anaheim shall be posted with the City to
guarantee the installation of the above-mentioned requirements.
2. That the owner(s) of subject property shall pay to the City of Anaheim the
sum of sixty cents (60¢) per front foot along La Palma Avenue and Imperial High-
way for tree planting purposes.
3. That trash storage areas shall be provided in accordance with approved plans
on file with the Office of the Director of Public Works, as stipulated to by
the petitioner.
4. That fire hydrants shall be installed and charged as required and determined
to be necessary by the Chief of the Fire Department prior to commencement of
structural framing.
76-817
.Ci. ty Hall~ Anaheim, California - COUNCIL MINUTES - November 9, 1976, 1:30 P.M.
5. That subject property shall be served by underground utilities.
6. That drainage of subject property shall be disposed of in a manner satis-
factory to the City Engineer and the Orange County Flood Control District, as
stipulated to the petitioner.
7. In the event that subject property is to be divided for the purpose of
sale, lease, or financing, a parcel map to record the approved division of
subject property shall be submitted to and approved by the City of Anaheim and
then be recorded in the office of the Orange County Recorder.
8. That these reclassification proceedings are granted subject to completion
of annexation of subject property to the City of Anaheim.
9. That the owner(s) of subject property shall pay appropriate drainage assess-
ment fees to the City of Anaheim, as determined by the City Engineer prior to
issuance of a building permit.
10. That appropriate water assessment fees, as determined by the Director of
Public Utilities, shall be paid to the City of Anaheim prior ~o the issuance of
a building permit.
11. That the two (2) existing billboards located on subject property shall be
removed, prior to the issuance of a building permit.
12. That the lighting of signs on the subject property shall be in accordance
with the limitations of the Scenic Corridor Zone-Overlay, as stipulated to by
the petitioner.
13. That the signing of the subject property shall be in accordance with the
signing requirements of the Scenic Corridor Zone-Overlay, as stipulated to by
the petitioner.
14. That the property owner(s) shall install a landscaped median in La~Palma
Avenue, to control left-turn movements, with one (1) median opening at the
entrance to the subject property, in accordance with City of Anaheim standards,
and as stipulated to by the petitioner.
15. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
through 6; provided, however, that there shall be no roof-mounted equipment in
accordance with the site development standards of the Scenic Corridor Zone-Overlay,
as stipulated to by the petitioner.
16. Prior to the introduction of an ordinance rezoning subject property, Con-
dition Nos. 1, 2, 7, and 8, above-mentioned, shall be completed. The provisions
or rights granted by this resolution shall become null and void by action of the
City Council unless said conditions are complied with within one year from the
date hereof, or such further time as the City Council may grant.
17. That Condition Nos. 3, 5, 6, 12, 13, 14, and 15, above-mentioned, shall be
complied with prior to final building and zoning inspections.
The City Planning Commission, pursuant to Resolution No.' PC76-196 approved
Conditional Use Permit No. 1654 in part, subject to the following conditions:
1. That this Conditional Use Permit is granted subject to the completion of
Reclassification No. 76-77-16, now pending.
2. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
through 6; provided, however, that there shall be no roo'f-mounted equipment in
accordance with the site development standards of the Scenic Corridor Zone-overlay,
and that all signing shall be in accordance with said standards of the Scenic
Corridor Zone-overlay, as stipulated to by the petitioner,
76-818 ·
City_ Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1976, 1:30 P.M.
Miss Santalahti described the location and surrounding land uses. She outlined
the findings given in the staff report which was submitted to and considered by
the Planning Commission.
The Mayor asked if the applicant, or applicant's Agent was present and wished
to be heard.
Mr. Eugene Garrett, architectural planning firm of SCPA, spoke on behalf of
the applicants and developer, Santa Anita Development. Mr. Garrett stated
that the requested sign waiver had been withdrawn and stipulated same as part
of the application.
Councilwoman Kaywood asked why a drive-through restaurant was being allowed
at the subject location when drive-throughs are specifically not permitted in
the Scenic Corridor.
Miss Santalahti explained that such restaurants are not prohibited, but do require
approval of a ~conditional use permit. She also confirmed that the one ex-
isting drive-through in the subject area was built subsequent to the Scenic
Corridor Ordinance.
Mr. Garrett pointed out several features of the proposed .restaurant which were
included because of the developer~ awareness of the Scenic Corridor, such as
landscaping considerably in excess of City standards. The restaurant was also
designed in a manner to preclude traffic circulation problems on access
from La Palma. He also explained, in answer to Councilman Seymour, that it
was proposed as a combined drive-through and sit-down restaurant, therefore,
very desirable as far as the adjacent industrial complex and the community was
concerned.
The Mayor asked if anyone wished to address the Council, either in favor or in
o~osition.
Mary Dinndorf, 131 La Paz, Santa Ana Canyon Improvement Association, Inc., ex-
pressed her concern regarding the many proposed projects, such as the one under
consideration, where the EIR finding was a negative declaration. She was specifi-
cally concerned in this case with Item Nos. 3, 5, 6, 15, and 18 on the %nitial
Study -- Findings of Fact Sheet, all of which were answered "No". Mrs. Dinndorf
disagreed, indicating that in her opinion these items should have been answered
"Yes". Discussion followed wherein Ronald Thompson, Planning Director, clari-
fied some of the questions posed by Mrs. Dinndorf.
At the conclusion of discussion., Mrs. Dinndorf stressed that an addition to the
Initial Study -- Findings of Fact Sheet relative to negative declarations should
be made where instead of the applicant merely signing the sheet after the re-
quired 19 questions are answered, a statement be added indicating that the ap-
plicant does so under penalty of perjury so as to insure the integrity of the
declaration and in order to have a recourse in a court of law. Mrs. Dinndorf
emphasized that it was her conviction that in many instances, the California
Environmental Quality Act was being ignored.
In this regard, Mr. Thompson explained that recent legislation allowed the City
greater flexibility in using the negative declaration and it was viewed by the
State as almost a mini EIR. Relative to how specific questions are answered,
Mr. Thompson maintained that reasonable people might differ as to how the ques-
tions should be answered. He suggested, if the Council deemed appropriate, the
matter could be continued and the applicant required to file an EIR.
City Attorney Hopkins, in answer to Councilman Seymour, stated he saw no reason
why the statement suggested by Mrs. Dinndorf and expanded upon by Councilman
Seymour, could not be incorporated into the Intital Study --Findings of Fact Sheet~
thereby placing the responsibility where it rightfully should be, on the appli-
cant.
76-8'19
City .H. al..1, Anaheim, California - COUNCIL MINUTES - November 9, .1976, 1:30 ._p.M.
Mrs. Jan Hall, 545 Tumbleweed, Westridge Homeowners Association, stressed that
at the night meeting of October 26, 1976, the main concern was that the home-
owners wanted the Scenic Corridor Ordinance enforced.' She emphasized that
this was still the case; the people, in the Canyon were opposed to condi-
tional use permits, waivers and the like; they did not need a drive-through
restaurant; and that if a waiver is granted on one corner, it would be
granted on another. She therefore requested that the drive-through
restaurant be denied in order to preserve the integrity of the Scenic Corridor.
Councilman Seymour was interested in knowing from both Mrs. Hall and Mrs. Dinndorf
their true opposition relative to drive-through restaurants being allowed at all
in the Scenic Corridor.
Mrs. Hall stated they caused a tremendous amount of traffic, attracted students
from campuses even though closed, the area starts to look bad,.:and a landscaping
median was not going to solve the problem. She was concerned that all of the
corners in the Canyon would eventually have drive-through restaurants with their
attendant problems and the matter would be coming up all the time. She reiterated
her concern that the integrity of the Scenic Corridor be preserved.
Mrs. Dinndorf, recognizing the existing traffic problem in the Canyon, was con-
cerned that the proposed drive-through would attract freeway traffic, something
which the Canyon did not need, thereby increasing traffic in an already highly
congested area. She was also of the opinion that the adjacent industrial com-
plex was being well served by catering trucks thereby precluding a need or
hardship in connection with the conditional use permit.
Mr. Joe White, 809 West Broadway, commented that within a radius of 2 blocks
of his business, there were five drive-through restaurants and by the time their
respective customers arrived at his corner, they littered it with trash. It
was his opinion that trash generated from drive-throughs could never be stopped
no matter how they were landscaped.
In summation, Mr. Garrett indicated that there were always varying problems with
any type of commercial development but in the subject proposed plan, a total
development with an extremely high investment was involved, and the developer was
as interested in a controlled, well designed development, as the community. In
order to be successful, he emphasized that the drive-through restaurant would
be submitted to the same architectural control design, review as all the other
elements within the complex. With regard to attracting freeway traffic, the layout
of the site was such that it was impossible to see the building from the freeway
and it was designed instead to serve the industrial and residential areas only.
Mr. Garrett explained that relative to EIR's, the answers given are of a judgmental
nature. He commented, however, that the City itself, in conjunction with the
General Plan hearings regarding the specific site, also granted a negative declar-
ation.
There being no further persons who wished to be heard either in favor or in
opposition, the Mayor closed the public hearing.
Councilwoman Kaywood noted a correction to page 4 of the Resolution for Reclass-
ification,PC76-195, Item No. 14, where a partial senten6e was left out and re-
quested staff to include the words, "to control left-turn movements" after the-~.~-
street name La Palma. The correction was so noted.
ENVIRONMENTAL IP[PACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Thom,
seconded by Councilman Kott, the City Council finds that this project would have
no significant effect on the environment and is, therefore, exempt from the re-
quirement to prepare an EIR. MOTION CARRIED.
Councilman Thom offered Resolution No. 76R-704 for adoption, authorizing prepara-
tion of the necessary ordinance changing the zone as requested, subject to the
recommendations of the City Planning .Commission. Refer to Resolution Book.
76-820 .
City Hall, Anaheim~ California - COUNCIL MINUTES - November .9.~ 1976~... 1'30 P..M.
RESOLUTION NO. 76R-704: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE
CHANGED. (Reclassification No. 76-77-16)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 76R-704 duly passed and adopted.
Councilman Thom offered Resolution No. 76R-705 denying Conditional Use Permit
No. 1654 for adoption. Refer to Resolution Book.
RESOLUTION NO. 76R-705: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DENYING CONDITIONAL USE PERMIT NO. 1654.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 76R-705 duly passed and adopted.
EIR FINDINGS OF FACT SHEET - ADDITION OF NEW WORDING' On motion by Councilman
Seymour, seconded by Councilman Thom, the City Attorney was instructed to draw
up an appropriate statement to be added to the Initial Study -- Findings of
Facts Sheet relative to negative declarations whereby the applicant states that
the answers given to the above statements are true and correct and signed under
penalty of perjury. MOTION CARRIED.
RECESS: By general consent, the Council recessed for 10 minutes. (3:15 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members being
present. (3:25 p.m.)
PUBLIC HEARING- RECLASSIFICATION NO. 76-77-17 AND VARIANCE NO. 2835: Application
initiated by the City of Anaheim for a change in zone from CG to RM-1200 to con-
struct a 100-unit apartment complex for the elderly at the southeast corner of
Claudina Street and Chartres Street with code waivers of:
a. Minimum building site area per dwelling unit.
b. Maximum building height.
c. Minimum floor area.
d. Minimum structural setback.
e. Minimum recreational-leisure area.
f. Maximum wall height.
g. Minimum number of covered parking spaces.
h. Minimum off-street parking.
The City Planning. Commission pursuant to Resolution No. PC76-198 recommended that
the proposed project be declared exempt from the requirement to prepare an environ-
mental impact report pursuant to the~provisiohs of the California Environmental
Quality Act and, further, recommended that Reclassification No. 76-77-17 be approved
subject to the following conditions'
1. That street lighting facilities along Claudina Street and Chartres Street
shall be installed as required by the Director of Public. Utilities~ and in
accordance with standard specifications on file in the Office of the Director
of Public Utilities; or that a bond, certificate of deposit, letter of credit,
or cash, in an amount and form satisfactory to the City of Anaheim shall be
posted with the City to guarantee the installation of the above-mentioned
quirements.
76-821
City .Hall~ Anaheim~ California - COUNCIL MINUTES - November 9,. 19.7L6~ 1'3.0 P.M.
2. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Director of Public Works.
3. That fire hydrants shall be installed and charged as required and deter-
mined to be necessary by the Chief of the Fire Department prior to commencement
of structural framing.
4. That subject property shall be served by underground utilities.
5. That drainage of subject property shall be disposed of in a manner satis-
factory to the City Engineer.
6. That the owner of subject property shall pay to the City of Anaheim the
appropriate park and recreation in-lieu fees as determined to be appropriate
by the City Council, said fees to be paid at the time the building permit
is issued.
7. That the developer shall request and receive approval for the abandonment
· of Emily Street.
.
8. That the developer shall suitably provide for the relocation and/or re-
placement of existing utilities, as required to accommodate subject develop-
ment, prior to the issuance of building permits.
9. Prior to the introduction of an ordinance rezoning subject property, Con-
dition Nos. 1 and 7, above-mentioned, shall be completed. The provisions or
rights granted by this resolution shall become null and void by action of the
City Council unless said conditions are complied with within one year from the
date hereof, or such further time as the City Council may grant.
10. That Condition Nos. 2, 4, and 5, above-mentioned, shall be complied with
prior to final building and zoning inspections.
The City Planning Commission pursuant to Resolution No. PC76-199 granted Variance
No. 2835 subject to the following conditions-
1. That this Variance is granted subject to the completion of. Reclassification
No. 76-77-17, now pending.
2. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
through 5.
Miss Santalahti described the location and surrounding land uses. She outlined
the findings given in the staff report which was submitted to and considered by
the City Planning Commission.
In response to a concern voiced by Councilman Roth, Knowlton Fernald, Community
Development Director, explained that a plan for the replacement of the loss in
commercial parking that would be caused by the proposed project had not yet
been formulate~ but was to be forthcoming within the next 60 days. He stated
that the owner of the E1 Camino Bank had expressed a willingness to sell to
the City, and it was a matter of procedure to get to that' point to determine
the possibility of such a sale.
The Mayor asked if anyone wished to address the Council.
Mr. George Lang, real estate broker, 106 North Claudina Street, represented and
spoke on behalf of Stoneman Enterprises, Inc., owners of the E1 Camino Bank
building parking lot. Mr. Lang emphasized that the owner desired to be record-
ed as not opposed to Reclassification No. 76-77-17 rezoning his clients' property
from CG to RM-1200 provided that the City Council was cognizant that the park-
ing lot, by its proximity, location, use and size was an intregal part of the
E1 Camino Bank building and no existing or anticipated second parcel of land was
in comparable proximity to the bank building :that could be exchanged or substituted
for the owners' existing parking lot. The approval of the proposed reclassifica-
tion at this time, therefore, would constitute an inverse condemnation of the
entire property of the E1 Camino Bank building and the parking lot.
76-822 ·
City .Hall., Anaheim, California- COUNCIL MINUTES - November 9, 1976, 1'30 P.M.
Councilman Seymour stated he understood Mr. Lang to be saying on the one hand
there was no opposition to the proposed development, which meant he supported
it, but on the other, he was citing inverse condemnation which carried the
connotation that some negative action was occurring as a result of government
action. He wanted to know how Mr. Lang could support the proposal and yet
say it was going to do negative things to the subject property.
Mr. Lang stated that what the City planned to do with the property was out of
the hands of Stoneman Enterprises and something over which they had no control
after rezoning, but the action inversel, y condemned the building and the
parking lot.
City Attorney Hopkins clarified for Councilman Seymour that although the owner
did not oppose the particular project, the approval of same would leave the
E1 Camino Bank building without a place for its tenants to park.
Mr. Norm Priest, Executive Director, explained that Mr. Stoneman had '
contacted him and pointed out the same fact but under the authority of the
Redevelopment Plan adopted by City ordinance, it was his intention to proceed
and acquire the entire parcel -- the parking lot and the structure -- thus
eliminating the problem. Mr. Priest explained that he was obtaining appraisals
and also received a letter from Mr. Stoneman saying that would be his d'esire
also. Mr. Priest further recognized the obligation to provide additional
parking in the subject area.
Councilman Roth expressed the opinion that Mr. Lang wanted his statement on
record only for the purpose of negotiation. He did not want to see the City
put at a disadvantage if it proceeded to acquire the parking lot thereby making
the building useless before actually negotiating a firm price.
There being no further persons who wished to speak, the Mayor declared the public
hearing closed.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Roth, seconded by Councilwoman Kaywood, the City Council finds that this
project would have no significant effect on the environment and is, there-
fore,exempt from the requirement to prepare an EIR. MOTION CARRIED.
Councilman Roth offered Resolution No. 76R-706 for adoption authorizing prepara-
tion of the necessary ordinance changing the zone as requested, and 76R-707 for
adoption granting Variance No. 2835, subject to the recommendations of the City
Planning Commission. Refer to Resolution Book.
RESOLUTION NO. 76R-706: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE
CHANGED. (Reclassification No. 76-77-17)
RESOLUTION NO. 76R-707: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
GRANTING VARIANCE NO. 2835.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 76R-706 and 76R-707 duly passed and adopted.
PUBLIC HEARING- CONDITIONAL USE PERMIT NO. 1642: Application submitted by
Dunn Properties, Inc., to permit a drive-through restaurant on ML zoned prop-
erty located on the west side of 'Magnolia Avenue north of La Palma Avenue.
76-823
Cit~Hall~ Anaheim, California - COUNCIL MINUTES - November 9, 1.976, 1:30 P.M.
The City Planning Commission pursuant to Resolution No. PC76-172 recommended
that the proposed project be declared exempt from the requirement to prepare
an environmental impact report pursuant to the provisi-ons of the California
Environmental Quality Act and, further, recommended that Conditional Use
Permit No. 1642 be granted subject to the following conditions'
1. That this conditional use permit is granted subject to the completion of
Reclassification No. 73-74-55, now pending.
2. That sidewalks shall be installed along Magnolia Avenue as required by the
City Engineer and in accordance with standard plans and specifications on file
in the office of the City Engineer.
3. That the owner(s) of subject property shall pay to the City of Anaheim the
sum of sixty cents (60¢) per front foot along Magnolia Avenue for tree planting
purposes.
4. That the owner(s) of subject property shall pay to the City of Anaheim the
sum of two dollars ($2.00) per front foot along Magnolia for street lighting
purposes.
5. That trash storage areas shall be provided in accordance with approved plans
on file with the office of the Director of Public Works.
6. That fire hydrants shall be installed and charged as required and determined
to be necessary by the Chief of the Fire Department prior to commencement of
structural framing.
7. That subject property shall be served by underground utilities.
8. That drainage of subject property shall be disposed of in a manner satis-
factory to the City Engineer.
9. In the event that subject property is to be divided for the purpose of sale,
lease or financing, a parcel map to record the approved division of subject pro-
perty shall be submitted to and approved by the City of Anaheim and then be re-
corded in the office of the Orange County Recorder.
10. That appropriate water assessment fees, as determined by the Director of
Public Utilities, shall be paid to the City of Anaheim prior to the issuance
of a building permit.
11. That subject property shall be developed precisely in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
No. 1 (Revision No. 1), and Exhibit Nos. 2 and 3.
12. That Condition Nos. 3, 4, and 9, above-mentioned, shall be complied with
prior to the commencement of the activity authorized under this resolution, or
prior to the time that the building permit is issued, or within a period of
one (1) year from date hereof, whichever occurs first, or such further time
as the Planning Commission and/or City Council may grant.
13. That Condition Nos. 1, 2, 7, 8 and 11, above-mentioned, shall be com-
plied with prior to final building and zoning inspections.
Miss Santalahti described the location and surrounding land uses. She out-
lined findings given in the staff report which was submitted to and considered
by the City Planning Commission.
Mr. Ray Chermak, representing Dunn Properties, explained that the proposed
drive-through restaurant had been given very thorough consideration by the
Planning Commission and he was at this meeting to respond~ to questions raised
by Councilwoman Kaywood regarding the development.
Councilwoman Kaywood was concerned that it would be hazardous to add to the
already existing heavy traffic conditions on Magnolia due to the freeway offramp
exiting onto Magnolia and going downhill, as well as the traffic generated from
the Delco Battery facility.
76-824
City Ha_l_l, Anaheim, California - COUNCIL MINUTES ~N__ov~e~mber 9, .!.9_76, 1:30 ,P.L.M.
Mr. Chermak explained that when the project was first proposed to the Planning
Commission, the traffic problem was reviewed and the Traffic Department recommend-
ed that the driveway cuts on Magnolia and La Palma be .a modified type allowing
deceleration of traffic coming down Magnolia permitting easy access to the prop-
erty without creating a hazard on either street. He further explained that
the entrance into Woodland Drive was a long slanting approach not built perpen-
dicular to the street so that an approach could be made without appreciably
slowing down and without any hazard to the traffic on Magnolia. He illustrated
from a map that egress was one of two ways -- either by exiting out the common
use driveway onto Woodland Drive, or by coming back to the right-in, right-out
driveway onto Magnolia where there was no left-turn. Mr. Chermak then clarified
some additional questions regarding traffic circulation through the commercial
area of which the drive-through was a.-.part.
Councilwoman Kaywood asked if there was any request or requirement for traffic
signals at Woodland on Magnolia.
Mr. Chermak stated that there was no stipulation or requirement for traffic
signals but that the Traffic Engineer's Office did have concerns in that area
and were going to conduct traffic studies which, up to this point, had not
been presented.
Paul Singer, Traffic Engineer, indicated that there was concern over the traffic
generated by and through the development and, at the time the spacing of Wood-
land Drive was taken into consideration to make it signalizable if it were
warranted. Because of the already high traffic count with only 10% completion
and occupancy of the subject development, Mr. Singer explained that some pro-
vision for signals should be made at Magnolia and Woodland, and La Palma and
Woodland -- matters which were previously discussed with the Planning Commission.
Councilwoman Kaywood asked for a commitment from Mr. Chermak relative to joint
funding of a traffic signal at Magnolia and Woodland when warranted, as
anticipated by the Traffic Department.
Mr. Chermak wanted an opportunity to meet with staff and investigate the economic,
as well as functional ramifications,in order to arrive at an equitable solution
to the traffic problem but he emphasized that the project not be delayed until
the matter was resolved.
Councilwoman Kaywood stated that without a traffic signal, she could not vote
favorably for the requested conditional use permit, adding that she was con-
cerned with a drive-through generally.
Mayor Thom clarified that Councilwoman Kaywood was not advocating a halt to
the project but instead was looking for a commitment to share the cost of
a traffic signal.
Mr. Chermak explained that Dunn Properties would be willing to commit
to some participation, but he did not know to what extent at this time.
At the conclusion of discussion between Council and staff relative to signal-
ization at the subject location, it was determined that the cost would be
approximately $40,000.00 for a signal at Magnolia and Woodland only; the usual
participation and cost being one half of the full amount.
There being no further persons who wished to address the Council, the Mayor
closed the public hearing.
Councilman Seymour stated that he shared Councilwoman Kaywood~s concern but
was inclined to approve the conditional use permit now since the developer
was put on notice to meet and negotiate with staff relative to an equitable
solution of signalization. The Mayor clarified that this meeting would be
relative to the sharing of costs of a traffic signal when needed.
Councilwoman Kaywood interjected that such signalization was needed when the
drive-through was completed.
76-825
City Hall, Anahe_im, California- COUNCIL MINUTES -NoveMber 9, 1976, 1'30 P.M.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Kott, seconded by Councilman Roth, the City Council finds that this project
would have no significant effect on the environment and is therefore exempt
from the requirement to prepare an EIR. MOTION CARRIED.
Councilman Roth offered Resolution No. 76R-708 granting Conditional Use Per-
mit No. 1642 for adoption subject to the conditions recommended by the City
Planning Commission. Refer to Resolution Book.
RESOLUTION NO. 76R-708- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
GRANTING CONDITIONAL USE PERMIT NO. 1642.
Roll Call Vote-
AYES · COUNCIL MEMBERS' Seymour, Kott, Roth and Thom
NOES' COUNCIL MEMBERS- Kaywood
ABSENT' COUNCIL MEMBERS' None
The Mayor declared Resolution No. 76R-708 duly passed and adopted.
·
PUBLIC HEARING- VARIANCE NO. 2840' On motion by Councilman Seymour, seconded
by Councilman Roth, public hearing on Variance No. 2840 was continued two weeks,
as recommended by the Agent for the Applicant. ~MOTION CARRIED.
PUBLIC HEARING - VARIANCE NO. 2848' Application initiated by Exxon Co. USA, to
construct a flower shop at the northwest corner of Lincoln Avenue and Euclid
Street with the following code waivers-
a. Permitted encroachments into required yards.
b. Minimum structural setback.
c. Permitted uses
The City Planning Commission, pursuant to Resolution No. PC76-192, recon~nended
that the subject project be declared exempt from the requirement to prepare
an environmental impact report pursuant to the provisions of the California
Environmental Quality Act and further recommended that Variance No. 2848 be
denied.
Appeal of the Planning Commission's action was filed by C. M. Conroy, General
Partner, and public hearing scheduled this date.
Miss Santalahti described the location and surrounding land uses. She outlined
the findings given in the staff report which was submitted to and considered by
the City Planning Commission.
The Mayor asked if the Applicant or Applicants Agent was present and wished to
be heard.
Mr. Christopher M. Conroy, Agent, 10524 West Pico Boulevard, Los Angeles, ex-.
plained that through his personal canvassing of the surrounding industrial and
commercial area, he received nothing but strong support for the proposed flower
shop on the subject corner. He also stated that independent traffic and trans-
portation engineering firm, Western and Pringle, was employed to counter state-
ments made by the City's Traffic Department relative to traffic problems that
would be generated. Their findings indicated that the proposed project would
have no traffic impact at all. Mr. Conroy further stated that they would be
willing to give up a radius on the corner if the City would take it.
Concerning the requested waiver of the standard 35-foot setback as pointed out
by Councilwoman Kaywood, Mr. Conroy stressed that without such a waiver, customers
could not be attracted and, therefore, would not patronize the flower shop.
The Mayor asked if anyone wished to be heard either in favor or in opposition;
there being no response, he declared the public hearing closed.
Traffic Engineer, Paul Singer, indicated that he had reviewed Mr. Pringle's
traffic study but noted that it was performed at another location similar to,
but not the same corner in question. He then showed a video tape taken at
the corner which was accelerated to better illustrate the traffic flow
pattern at the corner of Euclid and Lincoln which was determined to be the
second or third busiest intersection in the City. Therefore, the T~affic
Department recommended that no driveway exit onto Euclid Street be permitted,
as requested in the Applicant's proposed plan.
76-826 ·
City Hall, Anaheim~ California -COUNCIL MINUTES - November 9, 1976, 1:30 P.M.
Further discussion between Council and staff revolved around the potent~.al
traffic hazard that would be caused by the proposed driveway onto Euclid,
either the southerly driveway or the alternately proposed driveway to the
north. It was concluded that, although alternate uses would generate more
traffic than a flower shop, egress onto Euclid would be undesireable because
of the high volume of traffic presently existing.
Relative to the requested deviation from the standard 35-foot setback, Mr.
Conroy suggested a compromise setback of 17 feet, 8 inches; the building it-
self to be setback that distance with a canopy overhang of 7 feet, 8 inches.
Councilwoman Kaywood stated that she could not support anything less than a
35-foot setback on Lincoln because it would be setting a precedent.
Councilman Seymour favored denying the proposed use because the request was
for a variance and he could not justify contributing to the traffic problems
already existing at an intersection ranked as one of the busiest and m~st
hazardous in the City.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION' On motion by Councilman
Kott, seconded by Councilman Thom, the City Council finds that this project
would have no significant effect on the environment and is, therefore, exempt
from the requirement to prepare an EIR. MOTION CARRIED.
Councilman Kott offered a resolution approving Variance No. 2848 subject to
all interdepartmental recommendations and including the following conditions:
(1) That the proposed southerly driveway on Euclid Way be eliminated and
moved to the north as alternately proposed by the Applicant's Agent, and (2) accep-
tance of the compromise setback as stipulated.
Before a vote was taken, the Mayor stated that he would favor the compromise
offer but without any ingress or egress on Euclid at all. Without this stip-
ulation, he would vote against the variance.
The foregoing resolution approving the Variance failed to carry by the follow-
ing vote'
AYES: COUNCIL MEMBERS: Kott and Roth
NOES: COUNCIL MEMBERS: Kaywood, Seymour and Thom
ABSENT: COUNCIL MEMBERS: None
Councilman Thom offered Resolution No. 76R-709 approving Variance No. 2848,
accepting the compromise setback as stipulated to but denying any ingress or
egress on Euclid. Refer to Resolution Book.
RESOLUTION NO. 76R-709: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
GRANTING VARIANCE NO. 2848.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kott, Roth and Thom
NOES: COUNCIL MEMBERS: Kaywood and Seymour
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 76R-709 duly passed and adopted.
PUBLIC HEARING- ORDER TO SHOW CAUSE - VARIANCE NO. 1474: Magid Enterprises,
Notice of Order to Show Cause why Variance No. 1474 permitting the establish-
ment of customer and service parking on 72.3% of real property located at
901-957 South Euclid Avenue should not be modified or terminated for failure
to comply with conditions imposed.
The Mayor asked if a representative from Magid Enterprises was present; no
representative was present.
· 76-827
City Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1976~ .l:.3q P.M.
Mr. Harry Boyd, Sanitation Inspector for the City of Anaheim, explained that
as a result of numerous complaints from residents adjacent to the shopping
center, an inspection was made and revealed a number of unsafe and unsanitary
conditions in the front parking lot, rear southerly parkin~ lot, and the north
area of the Center facing the residential area. Mr. Boyd elaborated on
the existing unsightly conditions and indicated that permanent on-going mainte-
nance of the property was non-existent; such conditions having existed for
approximately nine years to the great consternation of the neighbors.
Whitey Walp, Zoning Enforcement Officer for the City of Anaheim, confirmed that
the conditions as articulated by Mr. Boyd existed for nine years and all his
extensive efforts to reach the owner, Mr. Magid, personally by telephone and
registered mail were to no avail.
The Mayor again asked if a representative of Mr. Magid was present; there being
no response, he asked if anyone else wished to be heard.
Mr. James Vidmar, representing the owners of the property at 1729 Beacon Avenue,
Stella J. and Rupert Vidmar, substantiated the foregoing test.imony and added that
much of the debris from the southerly parking lot was constantly being blown onto
the properties on Beacon Avenue. He stated that he had been working on th~ prob-
lem for over a year and discussed the situation not only .with Council Members,
but also with adjacent residents. The consensus of the neighbors was that no
one would listen and nothing could be done because of all the unsuccessful attempts
made over the past years. Mr. Vidmar also presented a letter and petition with
approximately 18 signatures which was submitted to the City Clerk. He empha-
sized that something must be done to correct the existing deplorable conditions
at the subject location.
The Mayor asked if anyone else was desirous of being heard; there being no re-
sponse, he declared the public hearing closed, o
Discussion between Council and staff revealed that the subject variance, if
terminated, would revoke 72.3% of the customer and service parking in the
existing shopping center. - Thereupon~ Councilman Seymour indicated that although
Magid Enterprises should be dealt with severely and immediately, if parking
was revoked, Mr. Magid would continue to operate a commercial .shopping center
but, in addition, a parking problem would be created. He was concerned that
such action would not solve the problem.
Planning Director Thompson interjected that if the variance was denied, businesses
on that portion of the property would be in immediate jeopardy. -He suggested,
therefore, that such action would bring pressure to bear on Mr. Magid .from
those clients affected by the parking revocation.
Councilman Seymour offered Resolution No. 76R-710 for adoption terminating
Variance No. 1474 with immediate notification to be given. Refer to Resolution
Book.
RESOLUTION NO. 76R-710' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO, 1474.
Roll Call Vote'
AYES' COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES' COUNCIL MEMBERS' None
ABSENT' COUNCIL MEMBERS- None
The Mayor declared Resolution No. 76R-710 duly passed and adopted.
PUBLIC HEARING- ORDER TO SHOW CAUSE - VARIANCE NO. 2225: Kar Kustom, Notice
of Order to Show Cause why Variance No. 2225 to permit expansion of an existing
automotive sales and service facility located at 626 South Anaheim Boulevard,
should not be terminated for failure to comply with conditions.
76-828 '
City_. Hal_l, Anaheim, California- COUNCIL MINUTES - Nove. mber ~9:,. 197L6~ .1'.30~ P.M.
Whitey Walp, Zoning Enforcement Officer, explained that on residents' complaints,
he made numerous inspections of the subject business regarding a sound system
played beyond what the sound level permits, obscenities of employees on the prem-
isses,as well as violations relative to the spray painting of the vehicles out-
side the confines of the building and the performance of body work on vehicles
which was not permitted at that location; the violations having occurred since
Kar Kustom moved into the subject location approximately one year prior.
Miss Santalahti explained that the site was previously developed for an' auto
sales facility and that Variance No. 2225 was granted at the time the previous
owners requested an extension of the facility to add service bays.
The Mayor asked if a representative of Kar Kustom was in the Chamber and wished
t o speak.
Mr. Carl Bergman, one of the owners of Kar Kustom, explained that he employed
20 people in the building and painting of custom vehicles which, in his opinion,
was an asset to Anaheim and that the situation was just a problem with the
neighbors.
He cited the noise problem with the public address system, which subsequently
was removed as well as several other violations which he said were corrected
at the request of the Zoning Enforcement Officer. He also stated they were
not aware of other violations relative to spray painting outside of an enclosed
building until they were warned of such violations in court. He indicated,
however, that a letter from the Fire Department allowed them to spray either
inside or outside of the spray booth. Mr. Bergman emphasized that although
they had been caught doing things wrong, all violations had been corrected.
With regard to hours of operation, Mr. Bergman indicated that since they were
building a highly publicized custom van, it necessitated work being performed
both day and night. The Mayor interjected that hours of operation were a factor
that was going to affect the business.
Mr. Bergman stated that one neighbor had called the Fire Department one night
indicating there was a fire and that thus far three false alarms, recorded as
such, had been reported; thereby the Fire Marshall indicated they would no
longer respond because of these false alarms as reported. He reiterated that
if they were doing something wrong, they were willing to correct the matter.
Councilman Roth asked if spray painting was being done outside.
It was indicated that primer was applied outside as permitted by the Fire Marshall
but when a complete vehicle was painted, it was done entirely inside a booth.
Mr. Walp, in answer to Mayor Thom, reported that violations involving spray
painting were corrected periodically but the Code specified that all work must
be conducted totally within the confines of a building. Mr. Thompson confirmed
that, unless otherwise specified, such work is required to be conducted in a
building.
Mayor Thom stated that Kar Kustom met the Fire Code but not the Building Code
and that's what the Fire Department was talking about.
Mr. Bergman contended that there was no building on the property and if that
were so, inquired as to how the prior occupants, Anaheim Datsun, as well as
all of the present dealerships existed.
Councilman Seymour expanded upon Mr. Thompson's explanation wherein it was
reported that the prior business had an old variance and further that much
of the earlier use along Anaheim Boulevard was nonconfor-ming; however, prob-
lems were worked out to where residents no longer had complaints. Council-
man Seymour recalled at the time the subject variance was granted on January 11,
1971, he and Councilwoman Kaywood were on the Planning Commission and during
the public hearing they expressed a great concern, as had all the neighbors,
about the expansion of the use. The Planning Commission subsequently recommended
approval after their and the neighbors' concerns were satisfied that no outside
activity whatsoever would take place.
· 76-829
City Hall~ Anaheim~ California- COUNCIL MINUTES - November L9~ 1976, .1'30 P.M.
Councilman Seymour indicated that although he favored having the Kar Kustom
business in Anaheim, the problem was trying to conduct their activity in a
residential neighborhood and suggested that a relocation to the northeast
industrial area would enable them to continue their business in peace.
Mr. Bergman expressed that he should not have to move but instead be given
the opportunity to come up to Code and if he had to take eaCh vehicle into a
spray booth, he would do it.
The Mayor asked if any petitioners were present and wished to speak.
Mr. Gerald Norton, 627 South Claudina, stated that the situation as explained
by Mr. Bergman about calling the Fire Department was false because they were
asked to call when spray painting was being performed in the open. He also
explained that the noise generated from hammering, straightening and sanding
bodies out in the open was unbearable and cited one instance where hammering
on metal occurred at 3'30 a.m. on a Sunday and the Police were called. He also
expressed his opinion that the profanity used could be put in the category of
a public nuisance or hazardous to health, not necessarily physical but stress
on the nervous system. Mr. Norton offered to play recordings take~ commenting
that at least the Council had a choice but the adjacent residents had none. He
concluded that Kar Kustom probably did an excellent job, but they were doing it
in the wrong place.
The Mayor asked how many in the Council Chamber were petitioners in favor of the
termination of Variance 2225 because of the reasons stated on the petition
submitted; approximately 9 people were present.
Margaret Scholl, 615 South Claudina, confirmed Mr. Norton's statements regarding
the spray painting polluting the air in the neighborhood, the obscenities to
which they were exposed, and the noise during late hours. She also cited an
incident that occurred one night when she was crossing the alley in back of her
house and was confronted with high beams from a car that sped past her. It was
her opinion that she was threatened with the car which she alledged was from
Kar Kustom but the occupants indicated they were just testing the cars. She
was now afraid to go out into her back alley; the neighborhood was not going to
be a very safe place under the existing circumstances.
The Mayor asked if anyone else wished to speak on something that had not already
been discussed.
Mr. Vernon Wright, 619 South Claudina, spoke about a similar problem that occurred
with another business; the Mayor, however, explained that the matter had already
been presented.
Linda Lyon, 2438 North Chipola, Placentia, spoke on behalf of her parents who
did not want her to come because they were afraid of the recourse that might
be taken. She relayed an incident, while somewhat irrelevant, in her opinion,
gave some insight into the kind of personalities that were being dealt with at
Kar Kustom involving some abuses that were observed in the treatment of a sup-
posedly retarded young man who was employed at Kar Kustom.
Sufficient testimony having been heard, the Mayor closed the public hearing.
Councilman Seymour indicated that although the subject business may be a fine
one, it was in the wrong location and not the business the City approved at
the time Variance No. 2225 was approved. He empathized with the adjacent
homeowners concerning the conditions under which they lived and did not see
how the subject use co'~ld ever co-exist with the residential neighborhood.
Councilman Seymour offered Resolution No. 76R-711 for adoption terminating
Variance No. 2225 effective immediately. Refer to Resolution Book.
RESOLUTION NO. 76R-71!_- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 2225.
· _ II ~II I _ I !II _ I II .
T III _ . i
76-830 ·
City ..Hall., Anaheim, California - COUNCIL MINUTES - November 9, 1976, ~!'30 P.M.
Roll Call Vote'
AYES- COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom
NOES- COUNCIL MEMBERS' None
ABSENT' COUNCIL MEMBERS- None
The Mayor declared Resolution No. 76R-711 duly passed and adopted.
PUBLIC HEARING - ORDER TO SHOW CAUSE - HOME OCCUPATION PERMIT NO. 75-117'
Gerald E. Long, Notice of Order to Show Cause why Home Occupation Permit No. 75-117
to allow a Koi-Fish business at 547 Century Drive, should not be terminated for
failure to comply with conditions of Sections 18.02.052.405 through .407.
Zoning Enforcement Officer Walp, because of numerous complaints, investigated
the subject residence and found violations not only to the home occupation permit,
but also to the City's Building Code because of illegal structures that were
erected on the property to house Koi-fish as outlined in memorandum from the
Planning Department and letter sent to Mr. Long by Senior Building Inspector
Walt Kirkhart, both dated October 12, 1976, citing violations of the Building,
Plumbing and National Electrical Codes adopted by the City of'Anaheim.
Before inspectors went to the Long residence, the illegal structure was torn down;
Mr. Long was unaware of the violation and indicated that there would be no future
violation.
As a result of additional recent complaints, Mr. Walp further investigated the
location and found that the illegal structure had been re-erected, an additional
structure built, and where no structures existed, tanks were stacked on top of
one another, Mr. Long himself indicated that there were over 90,000 fish on
the property. Thereafter Mr. Walp, Mr. Kirkhart and Assistant City Attorney Frank
A. Lowry made an inspection of the property and it was determined by Mr. Lowry
that~the business being conducted at 547 Century Drive was no longer justified
as a home occupation but a major business and should be moved from the ~residence.
The Mayor asked if Mr. Long was present; there being no response, he asked if
anyone else wished to speak on the matter. Since no one wished to be heard,
the Mayor closed the public hearing.
Councilman Roth offered Resolution No. 76R-712 for adoption revoking Home Occupa-
tion Permit No. 75-117. Refer to Resolution Book.
RESOLUTION NO. 76R-712' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REVOKING HOME OCCUPATION PERMIT NO. 75-117.
Roll Call Vote:
AYES' COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
·
ABSENT' COUNCIL MEMBERS: None
The Mayor declared Resolution No. 76R-712 duly passed and adopted.
·
PROPOSAL TO LEASE CITY-OWNED PROPERTY - TREATRICAL DINNER MOUSES INTERNATIoNALE:
On'motion ~y 'd0unci%wdman Kaywo0d, s~cOndad by c~unciiman'saym°'ur,"conSiderati6~
of the subject proposal was continued for two weeks at the request of the applicant.
MOTION CARRIED.
APPEAL OF DENIAL OF PERMIT TO OPERATE FIGURE MODELING STUDIO: (Steven Zwick,
AttOrney for william MCIntosh) On motion by Councilwoman Kaywood, seconded by
Councilman Roth, the subject appeal of denial of permit, was continued for one
week at the request of the applicant. MOTION CARRIED.
REPORT - CITY'S DATA PROCESSING SERVICES AND NEEDS: Relative to City data
processing services and-needs for possible submission to bidders for pro-
posals, the City Manager reported it would be appropriate for the Steering
Committee to discuss the matter with Arthur Young and Company and determine.
76-831
City Hal.l~ Anaheim, California- COUNCIL MINUTES - November 9~ ..19.76, 1-30 P.M.
LEASE OF CITY-OWNED PROPERTY AT 721 NORTH EUCLID: (Sewell) Pursuant to the
request of Councilman Kott at the meeting of November 2, 1976, regarding the
subject property, a comprehensive report dated November 9, 1976, (on file in
the City Clerk's Office) was submitted by the City Engineer in chronological
sequence which explained all the activity which had transpired on the now
delinquent lease. Questions raised relative to the legal aspects of the
lease were discussed with City Attorney Hopkins who explained some of the steps
already taken to bring about a settlement of the matter. In the final analysis,
it was determined that the ultimate recourse to terminate the lease in the
absence of the lessee, Mr. Sewell, was to proceed through the courts to termi-
nate the defaulted transaction.
Councilman Seymour discussed certain aspects of the lease with Councilman Kott
relative to the price the City originally paid for the subject land which evolved
into a discussion concerning the cost of obtaining the data necessary to inves-
tigate City contracts such as the one under discussion. Councilman Kott was
desirous of investigating contracts going back two years; Councilman Seymour
indicated if the ultimate motive was to prove that contracts previously drawn
were not executed properly, he questioned if it was worth the.expenditure of
the taxpayers' funds to do so.
Councilman Kott thereupon suggested that the Council adopt a policy wherein be-
fore any Council Member could request any information of staff, the Council
should vote on the matter; no action was taken.
On motion by Councilman Kott, seconded by Councilman Seymour, the City
Attorney was instructed to continue to proceed through the courts to cancel the
escrow and terminate the lease on the property at 721 North Euclid. with or with-
out locating the lessee. MOTION CARRIED.
PLUMBING FEES' Councilwoman Kaywood offered Resolution 'No. 76R-713 for adoption
setting plumbing fees charged by the City. Refer to 'Resolution Book.
RESOLUTION NO. 76R-713' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
SETTING THE FEE SCHEDULE OF THE UNIFORM PLUMBING CODE, 1973 EDITION.
Roll Call Vote'
AYES' COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom
NOES- COUNCIL MEMBERS' None
ABSENT' COUNC IL MEMBERS' None
The Mayor declared Resolution No. 76R-713 duly passed and adopted.
CONSENT CALENDAR ITEMS' On motion by Councilman Roth, seconded by Councilwoman
Kaywood, the following actions were authorized in accordance with the reports
and recommendations furnished each Council Member and as listed On the Consent
Calendar Agenda- '
1. CLAIMS AGAINST THE CITY- The following claims were denied and referred to
the City's insurance carrier or the self-insurance administrator:
a. Claim submitted by Ann L. Madison for damages .purportedly sustained as-~a
result of a City-owned cable hitting and breaking a window on or about
September 28-30, 1976.
b. Claim submitted by William J. Gilbert for damages purportedly sustained as
a result of tearing clothing on a piece of plywood while attending a convention
at the Anaheim Convention Center on or about October 1~, 1976.
76-832 '
Ci~ty Hall, Anaheim, California - COUNCIL MINUTES - November 9, 1976, 1'30 P.M.
c. Claim submitted by Deborah" J. Vignovich for damages purportedly sustained as
a result of an accident with City-owned vehicle on or about September 9, 1976.
d. Claim submitted by Eduardo Serna for injuries purportedly sustained as a
result of negligence of a crossing guard on or about January 15, 1976.
·
2. CORRESPONDENCE' The following correspondence was ordered received and filed'
a. Notice of special meeting - Public Utilities Board on November 18, 1976.
b. Monthly Report for September, 1976 - Utilities Department, Water Division.
c. Community Redevelopment Commission Minutes - October 13, 1976.
d. Project Area committee meeting (Alpha) minutes - October 12, 1976.
MOTION CARRIED.
RESOLUTION NOS. 76R-714 AND 76R-715' Councilwoman Kaywood offered Resolution
Nos. 76R-714 and 76R-715 for adoption in accordance with the ~eports, recom-
mendation and certifications furnished each Council Member and as listed on
the Consent Calendar Agenda. Refer to Resolution BoOk.
RESOLUTION NO. 76R-714' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Dale E.
Fowler, et ux; Walker and~ Lee, Inc.; Bettie C. Black)
RESOLUTION NO. 76R-715' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT' MANZANITA
PARK PARKING LOT IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 794;
APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECI-
FICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A
NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be
opened December 2, 1976, 2'00 p.m.)
Roll Call Vote'
AYES ·
NOES ·
COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom
COUNCIL Mt~MBERS · None
ABSENT' COUNCIL MEMBERS' None
The Mayor declared-Resolution Nos. 76R-714 and 76R-715 duly passed and adopted.
FINAL MAP~ TRACT NO. 9333' Developer, Grant-Warmington Builders of Irvine, Tract
located on Mohler Drive south of Santa Ana Canyon Road containing 20 RS-HS-22,000
proposed zoned lots.
Mr. Stu Moss, 491~Via Vista, asked to make a statement to the Council regarding
the subject tract. He pointed Out from a map the unusual shape of the lots
within the development exPlaining that his major concern in opposition'was
the manner in which the property was subdivided because, in his opinion, it was
not worthy of the location of the property. He indicated that the plan was one
not even found in areas oY much lower quality homes and planned to meet only
the minimum requirements established by RS-HS-22,000 zoning. Mr. Moss stated
that he should have come forward earlier when something could have been done
about the situation bUt a~ this time wanted to implicate the developer in that
the type of development proposed was not in the best interest of property develop-
ment in the subject area, the Planning Commission who recommended approval of
the development,: and the City Council as well for allowing the activity, planning
and development.~ Mr. Moss~ stressed that the particular type of development
would find ne place in the Canyon in the future indicating that everyone should
be diligent so that n6'thing like it would happen again.
76-833
City Hal. l..~. Anaheim, California - COUNCIL MINUTES -Novembe~rL z9, 1..976~ 1.'30 P.M.
On motion by Councilman Roth, seconded by Councilman Seymour, the proposed sub-
division together with its design and improvement was found to be consistent
with the City's General Plan and the City Council approved Final Map, Tract
No. 9333, as recommended by the City Engineer in his memorandum dated October 29,
1976. MOTION CARRIED.
REQUEST - MODIFICATION TO FULL STREET LIGHTING - TRACT NO. 7929: Request of
Anaheim Hills, Inc., dated October 8, 1976, for modification of the requirement
for full street lighting and waiver of normal ornamental street light standards
along Walnut Canyon Road within Tract No. 7929. (Reclassification No. 72-73-11,
CUP No. 1332)
Also submitted was report dated October 18, 1976, from the Electrical Superin-
tendent, George Edwards.
Mr. Philip Bettencourt, 380 Anaheim Hills Road, representing Anaheim Hills, Inc.,
stated that he believed the improvement standards relative to street lighting
to be excessive considering that Walnut Canyon Road was a dea~-end and did not
connect to public streets. He pointed out that although the road was used as
access to Walnut Canyon Reservoir, the City golf course maintenance facility,
and the Oak Canyon Nature Center as explained in Mr. Edwards' memorandum, these
were night time uses thereby precluding the need for a convential street light
system, the main opposition being the objectionable illuminat.'ion of residential
units in the subject tract as emphasized in Mr. Schor's aforementioned letter.
Mr. Bettencourt contended there was no need for eight additional light fixtures
merely for maintenance and utility purposes.
It was determined on question by Councilman Roth that the tract would not be
serviced by Walnut Canyon Road and there was no possibility that it would be
extended in the future because it was City property.
On motion by Councilman Seymour, seconded by Councilman Roth, the request of
Anaheim Hills Inc., for the modification to full street lighting along Walnut
Canyon Road within Tract No. 7929 was approved. MOTION CARRIED.
TENTATIVE MAP~ TRACT NO. 9524 AND EIR NO. 187: Developer, Oaktree Development,
Tract located north of Via Arboles, east of Anaheim Hills Road consisting of
49 proposed RS-HS-22,000(SC) zoned lots.
ENVIRONMENTAL !.MPACT REPORT NO. 1.87 - CERTIFI.CATION' EIR No. 187 having been
reviewed by the City staff and recommended by the City Planning Commission to
be in compliance with City and State Guidelines and the State of California
Environmental Quality Act, the City Council acting upon such information and
belief does hereby certify, on motion by Councilman Roth, seconded by Council-
man Seymour, that EIR No. 187 is in compliance with the California Environmental
Quality Act and City and State Guidelines. MOTION CARRIED.
On motion by Councilman Roth, seconded by Councilman Seymour, the proposed sub-
division, Tentative Map, Tract No. 9524, together with its design and improve-
ment was found to be consistent with the City's General Plan, and the City Council
approved sai. d Tentative Map subject to the following conditions recommended by
the City Planning Commission'
1. That should this subdivision be developed as more than one subdivision, each
subdivision thereof shall be submitted in tentative form for approval.
2. That subject property shall be served by underground utilities.
3. That a final tract map of subject property shall be submitted to and approved
by the City Council and then be recorded in the Office of the Orange County
Recorder.
4. That any proposed covenants, conditions, and restrictions shall be submitted
to and approved by the City Attorney's Office prior to City Council approval of
the final tract map and, further, that the approved covenants, conditions, and
restrictions shall be recorded concurrently with the final tract map.
·
76-834
City_ Hall, Anaheim,_California - COUNCIL MINUTES - November 9, 1976~ 1:30 P.M.
5. That prior to filing the final tract map, the applicant shall submit to the
City Attorney for approval or denial a complete synopsis of the proposed func-
tioning of the operating corporation including, but not limited to, the articles
of incorporation, bylaws, proposed methods of management, bonding to insure
maintenance of common property and buildings, and such other information as the
City Attorney may desire to protect the City, its citizens, and the purchasers
of the project.
6. That street names shall be approved by the City Planning Department prior to
approval of a final tract map.
7. That the owner of subject property shall pay to the City of Anaheim the
appropriate park and recreation in-lieu fees as determined to be appropriate by
the City Council, said fees to be paid at the time the building permit is issued.
8. That drainage of said property shall be disposed of in a m~anner satisfactory
to the City Engineer. If, in the preparation of the site, sufficient grading is
required to necessitate a grading permit, no work on grading 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 will be completed prior to
October 15th. Necessary right-of-~way for off-site drainage faciltities shall be
dedicated to the City, or the City Council shall have initiated condemnation
proceedings therefor (the costs of which shall be borne by the developer) prior
to the commencement of grading operations. The required drainage facilities
shall be of a size and type sufficient to carry runoff waters originating 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 building inspections or occupancy permits. Drainage
district reimbursement agreements may be made available to the developers of said
property upon their request.
9. That grading, excavation, and all other construction activities shall be
conducted in such a manner so as to minimize the possibility of any silt
originating from this project being carried into the Santa Ana River by storm
water originating from or flowing through this project.
10. If permanent street name signs have not been installed, temporary street
name signs shall be installed prior to any occupancy.
11. That the owner(s) of subject property shall pay appropriate drainage
assessment fees to the City of Anaheim as determined by the City Engineer prior
to approval of a final tract map.
12. That maximum street grade allowable shall be 12 per cent.
13. That fire hydrants shall be installed and charged as required and determined
to be necessary by the Chief of the Fire Department prior to commencement of
structural framing.
14. That all structures in subject development shall be constructed in accor-
dance with the requirements of Fire Zone 4 as required by the City of Anaheim
Fire Department.
The following condition was also stipulated to by the developer at the
Council meeting:
15. That prior to the approval of the Final Tract Map the property owner(s)
shall relinquish all ingress and egress rights to Santa Aha Canyon Road and
Anaheim Hills Road except as shown on the approved public street system through
T~-act No. 8456.
MOTION CARRIED.
AWARD OF CONTRACT - FAIRMONT BOULEVARD STREET~, SEWER AND STORM DRAIN IMPRovEMENT:
In accordance with the recommendations of the City Engineer, Councilman Roth
offered Resolution No. 76R-716' for adoption. Refer to Resolution Book.
· 76-835
City Hall~ Anaheim~ California - COUNCIL MINUTES - November 9~ 1976, 1'30 P.M.
RESOLUTION NO. 76R-716' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE
BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIP-
MENT AND UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT' FAIRMONT BLVD. STREET, SEWER AND STORM DRAIN IMPROVEMENT FROM
SANTA ANA CANYON ROAD TO CANYON RIM ROAD, A.H.F.P. NOS. 741, 789 AND WORK
ORDER NOS. 763-B, 782-B, 1265, 2124 AND 2296; THE CANYON RIM ROAD STREET
IMPROVEMENT FROM SERRANO AVENUE TO 5858' W/O SERRANO AVENUE, A.H.F.P. NO.
735, PHASE II, AND WORK ORDER NOS. 781-B, 2293, 2294 AND 2295, IN THE CITY
OF ANAHEIM. (C. W. Poss, Inc. - $1,399,847.08)
Roll Call Vote'
AYES' COUNCIL MEMBERS' Kaywood, Seymour, Roth and Thom
NOES' COUNCIL MEMBERS- None
ABSTAINED- COUNCIL MEMBERS' Kot t
ABSENT' COUNCIL MEMBERS' None
The Mayor declared Resolution No. 76R-716 duly passed and adopted.
AWARD OF CONTRACT - SCHWEITZER PARK DEVELOPMENT' In accordance with recom-
mendations of the City Engineer, Councilwoman Kaywood offered Resolution
No. 76R-717 for adoption. Refer to Resolution Book.
RESOLUTION NO. 76R-717: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ACCEPTI----NG' A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE
BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIP-
MENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER,
AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IMPROVEMENT: SCHWEITZER PARK DEVELOPMENT, IN THE CITY OF ANAHEIM,
WORK ORDER NO. 845. (Sully-Miller Contracting Company - $7,585.00)
Roll Call Vote'
AYES- COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom
NOES' COUNCIL MEMBERS' None
ABSTAINED- COUNCIL MEMBERS' Kott
ABSENT- COUNCIL MF2~BERS · None
The Mayor declared Resolution No. 76R-717 duly passed and adopted.
WORK ORDER NO. 9002: (La Palma Park Ticket Booth Construction) In accordance
with recommendations of the City Engineer, Councilwoman Kaywood offered Resolution
No. 76R-718 for adoption rejecting the one bid received on the subject Work Order
as it exceeded the Park, Recreation and Arts Department's estimated cost. Refer
to Resolution Book.
RESOLUTION NO. 76R-718' 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 4TH DAY OF NOVEMBER,
1976, FOR THE LA PALMA PARK TICKET BOOTH CONSTRUCTION, WORK ORDER NO. 9002.
Roll Call Vote'
AYES' COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom
NOES' COUNCIL MEMBERS' None
ABSENT' COUNCIL MEMBERS' None
The Mayor declared Resolution No. 76R-718 duly passed and adopted.
ORDINANCE NOS. 3612 AND 3613' Councilman Seymour offered Ordinance Nos. 3612 and
3613 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 3612' AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-13(3) , RM-2400)
76-836 ·
City Halls Anaheim~ California - COUNCIL MINUTES - November 9,. 1976,_ 1:30 P.M.
_
ORDINANCE NO. 3613: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (75-76-3, RM-1200)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kott
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance Nos. 3612 and 3613 duly passed and adopted.
ORDINANCE NO. 3614: Councilman Roth offered Ordinance No. 3614 for adoption.
Refer to Ordinance Book.
ORDINANCE NO. 3614: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-25(5), 'RS-5000)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Seymour, Roth and Thom
NOES: COUNCIL MEMBERS: Kaywood
ABSTAINED: COUNCIL MEMBERS: Kott
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 3614 duly passed and adopted.
ORDINANCE NO. 3615: Councilwoman Kaywood offered Ordinance No. 3615 for adoption.
Refer to Ordinance Book.
ORDINANCE NO. 3615: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61(73), CR)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kott
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 3615 duly passed and adopted.
ORDINANCE NO. 36162 USE OF LOCOMOTIVE WHISTLE: Mr. 'C. E. Leahy of the Southern
Pacific Railroad explained that as far as the proposed ordinance was concerned,
his company, wanted to operate within'the City as quietly as they could. Rel-
ative to the prohibition of locomotive'whistles at gate protected grade cross-
ings, however, Mr. Leahy wanted to preclude any future conflict with the
State Public Utilities Commission both for Anaheim and the Southern Pacific
Railroad as a result of Council action on the proposed ordinance.
City Attorney Hopkins stated there was no reason why the proposed ordinance
should not be offered for first reading.
Councilwoman thereupon offered Ordinance No. 3616 for first reading.
ORDINANCE NO. 3616: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 6.97
TO THE ANAHEIM MUNICIPAL CODE PERTAINING TO THE USE OF LOCOMOTIVE WHISTLE.
ORDINANCE NOS. 3617 THROUGH 3619: Councilman Seymour offered Ordinance Nos.
3617 through 3619, both inclusive, for first reading.
ORDINANCE NO. 3617: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61(75), CR)
ORDINANCE NO. 3618: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-50(2), RS-HS-10,O00)
76-837
City ..Hall., Anaheim, California- COUNCIL MINUTES - November~ _9., 1_9_7_6~ 1'30 P.M.
ORDINANCE NO. 3619' AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (75-76-30, RS-5000)
LOW-VOLUME FLUSH TOILETS- Councilwoman Kaywood asked staff to submit a report
relative to a pilot program being conducted in Mission Viejo using low-volume
flush toilets. She explained that the Governor signe~d a Bill that would require
such facilities by January, 1978 and she saw no reason to wait considering the
immediate necessity to conserve water.
Planning Director Thompson stated that the requested report would be provided.
SIGNALIZATION OF CROSSWALK IN THE AREA OF THE EUCLID BRANCH LIBRARY: Council-
man Seymour explained that a petition from a large num'be'r of citizens Could be
anticipated relative to signalization of a newly installed unprotected cross-
walk on Euclid Street at the Euclid Branch Library. As an alternative to con-
ventional signals as proposed by Councilman Roth, Councilman Seymour suggested
two caution lights which could be activated to turn red by a push button and
a replacement of the present sign with one that read - fire signal and crosswalk
Staff was instructed to research and provide a cost estimate o'f suitable signal-
ization.
NEOCCS APPOINTMENTS - CITIZEN-'S ADVISORY COMMITTEE- On motion by Councilman
Seymour, seconded by Councilwoman Kaywood, the appointments of Mr. Herb
Christensen, 5108 Crescent Drive, and Mr. Roland Krueger, 561 Peralta Hills,
by Councilman Seymour to the Citizen's Advisory Committee of the Northeast
Orange County Circulation Study were ratified. MOTION CARRIED.
PROPOSED COUNCIL POLICY - PRIOR APPROVAL OF REQUESTED DATA' Councilman Kott
moved that a Council Policy be adopted requiring that a vote be taken before
any request is made of staff for data by a Councilmember. Councilman Seymour
seconded the motion for discussion.
Councilman Seymour indicated that such a move would restrict a Council Member's
ability to obtain what they felt necessary and instead, suggested, that ~it was the
responsibility of each Council Member to restrict themselves. It was 'his opinion
that Councilman Kott's request to have two years of contracts analyzed as previous-
ly suggested was inordinate; Councilman Kott indicated all he wanted to do was
to look at them.
Councilman Roth was opposed to the motion as being unjustified and a restriction
in the performance of Council duties if such requests were vetoed.
Mayor Thom emphasized that, in his opinion, a Council Member should be able to
ask for any kind of report desired; the responsibility for such request being
that of the Council Member involved with full realization of the money being
spent to fulfill such request.
Thereupon, Councilman Seymour withdrew his second to the motion and subsequently
Councilman Kott withdrew his motion.
TRIP TO SISTER CITY - MITO JAPAN' Mayor Thom indicated that the trip to Japan
was a very successful one and an official report would b'e forthcoming.
APPOINTMENT TO LIBRARY BOARD - REE BURNAP: On motion by Councilman Thom, seconded
by Councilman Seymour, Mrs. Ree Burnap, 1105 South Hilda, was appointed to the
Library Board to fill the vacancy created by the resignation of Mr. Ralph Cal]en,
term ending June 30, 1979. MOTION CARRIED.
RECESS - EXECUTIVE SESSION' Councilman Thom moved to recess into Executive
Session. Councilman Roth seconded the motion. MOTION CARRIED. (6'57 p.m.)
AFTER RECESS' Mayor Thom called the meeting to order, all Council Members
present with the exception of Councilman Seymour, who was att&nding a Santa
Aha Canyon Area Task Force Meeting. (7:07 p.m.)
RATES OF COMPENSATION - ANAHEIM FIRE ASSOCIATION: Councilman Thom offered
Resolution No. 76R-719 for "ad0'ption. Reefer to Resolution Book.
76-838 '
City Hall~ Anaheim, California - COUNCIL MINUTES - November 9, 1976, 1'30 P.M.
RESOLUTION NO. 76R-719' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ESTABLISHING RATES OF COMPENSATION FOR JOB CLASSES REPRESENTED BY THE ANAHEIM
FIRE ASSOCIATION, AND SUPERSEDING RESOLUTION NO. 76R-156.
Roll Call Vote'
AYES' COUNCIL MEMBERS' Kaywood, Kott, Roth and Thom
NOES' COUNCIL MEMBERS' None
ABSENT' COUNCIL MEMBERS' Seymour
The Mayor declared Resolution No. 76R-719 duly passed and adopted.
EXTENSION OF TERMS AND CONDITIONS OF EMPLOYMENT FOR MANAGEMENT CLASSES' Council-
man Thom offered REsolution No. 76R-720 for adoption. Refer to Resolution
Book.
RESOLUTION NO. 76R-720' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
PERTAINING TO THE EFFECTIVE DATE OF THE TERMS AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES IN JOB CLASSES DESIGNATED AS MANAGEMENT. (to and including November 25,
1976)
Roll Call Vote'
AYES' COUNCIL MEMBERS' Kaywood, Kott, Roth and Thom
NOES' COUNCIL MEMBERS' None
ABSENT' COUNCIL MEMBERS' Seymour
The Mayor declared Resolution No. 76R-720 duly passed and adopted.
Councilwoman Kaywood left the Council Chamber to attend the Santa Aha Canyon Area
Task Force meeting. (7:10 p.m.)
REPORT - ADDITIONAL INGRESS AND EGRESS, TRACT NOS. 7730, 7731, 7732 AND 7733:
Report and recommendation dated October 29, 1976, was submitted by the City
Engineer regarding additional ingress and egress to Santa Ana Canyon Road from
Tract Nos. 7730, 7731, 7732 and 7733 (Via Copola). The report was requested
by the Council at the meeting of October 5, 1976.
Mrs. Karyn Schonherz, 157 North Mohler Drive, indicated that she had received the
subject report and first commented on the traffic count taken on Mohler Drive
which indicated approximately 1800 vehicles on two given days. Mrs. Schonherz
explained that with the additional development in progress or presently being
planned for the area, the count could increase to as high as 2800 exiting from
Mohler Drive only.
Mrs. Schonherz then asked for clarification of a pilot roadway, the construction
of which was Alternate NO. 1 in the subject report.
Mr. Maddox stated that a pilot roadway was a rural type road without curb and
gutter with dirt shoulders and while not full width, would be large enough
for in- and out-use, the road being 24 feet wide.
Councilman Kott raised the question of the additional traffic that would be
created by the on-going development in the area.
Mrs. Schonherz stressed that she was concerned mainly with having the new road-
way built thus alleviating the traffic on Mohler Drive. She indicated that the
traffic generated from the new homes would exit from Via Copola.
Councilman Roth noted the differential in cost between Alternate No. 1,
the pilot roadway estimated at $16,000 versus Alternate No. 2, construction
of full street improvements estimated at $31,000.
Mayor Thom expressed, in the interest of getting the roadway in at the least
possible cost, he favored the pilot roadway (/~lternate No. 1) at this time
as an interim solution knowing that later the roadway could be expanded.
·
76-839
City H_a. ll, Anaheim~ California - COUNCIL MINUTES - November 9.,_ 1976, 1'30 P.M.
Mr. Maddox explained that it was the City's intent to provide the roadway but
the best time to do so was when the land on each side was developed, because
of the problems relative to the construction of sewer ~laterals, gas connections
and water lines.
In answer to Councilman Roth, Mr. Maddox explained that the funding to construct
the pilot roadway would come from Gas Tax Funds, but in order to provide the
roadway now, his department would have to either reduce or eliminate some other
project.
After further discussion between Council, staff and Mr. M. Nickel of Classic
Development, it was determined that it would be approximately 90 days before
the roadway could be constructed and that such construction should coincide
with the paving of an adjOining street within Tract No. 7733.
On motion by Councilman Roth, seconded by Councilman Thom, recommendation f~2,
Alternate No. i, in report dated October 29, 1976, from the City Engineer for
construction of a pilot roadway to provide ingress and egress to Santa Ana
Canyon Road from the subject tract at an estimated cost of $16.,000 was approved,
construction of which is to coincide with the paving of adjoining streets by
Classic Development within Tract No. 7733. Council Members Seymour and Kaywood
were absent. MOTION CARRIED.
AB1246 - FORMATION OF ORANGE COUNTY TRANSIT COMMISSION' On motion by Councilman
Roth, seconded by Councilman Thom, the voting delegate, at the next Orange County
League of California Cities Meeting, was instructed to vote for Mr. Gil Arbiso
to serve as the delegate io the Orange County TranSit Commission. These instruc-
tions superseded the pr~evious instructions as moved at the meeting of September 21,
1976. Council'Members'Seymour and Kaywood were absent. MOTION CARRIED.
ADJOURNMENT' Councilman Roth moved to adjourn. Councilman Thom seconded the
motion. Council Members Seymour and Kaywood were absent. MOTION CARRIF~D.
Adjourned' 7' 30 P.M.
LINDA D. ROBERTS, CITY CLERK