1975/03/1875-225
City Hall, Anaheim, California - COUNCIL MINUTES - March 11, 1975, 1:30 P.M.
ORDINANCE NO. 3409: Councilman Thom offered Ordinance No. 3409 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING. (66-67-64 (10) - ML)
ORDINANCE NO. 3410: Councilman Pebley offered Ordinance No. 3410 for first
reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING. (70-71-24 - RM -1200)
ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Thom seconded the
motion. MOTION CARRIED.
Adjourned: 6:15 P.M.
Signed a >,-.,7•o�
City Cle
City Hall, Anaheim, California - COUNCIL MINUTES - March 18, 1975, 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: Keith A. Murdoch
CITY ATTORNEY: Alan R. Watts
ASSISTANT CITY ATTORNEY: William Hopkins
CITY CLERK: Alona M. Hougard
CITY ENGINEER: James P. Maddox
FINANCE DIRECTOR: M. R. RINGER
DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson
ZONING SUPERVISOR: Charles Roberts
PLANNING SUPERVISOR: Don McDaniel
ASSISTANT PLANNER: G. Alan Daum
PERSONNEL DIRECTOR: Garry 0. McRae
COMMUNITY RELATIONS REPRESENTATIVE: Joe Garza
Mayor Thom called the meeting to order.
FLAG SALUTE: Councilman Sneegas led the Assembly in the Pledge of Allegiance
to the Flag.
INTRODUCTION: Members of the Student Council from Palm Lane Elementary School
were introduced together with their Principal.
Mayor Thom welcomed the group to the Council meeting.
At the invitation of the Mayor, Student Council President Paula Smith
addressed the Council stating that the members of the Palm Lane Student Council
were very pleased to be in attendance.
RESOLUTION OF SUPPORT - Y.M.C.A. GOOD FRIDAY BREAKFAST: Resolution in support
of the Y.M.C.A. sponsored Good Friday Breakfast was presented to Mr. William S.
Barmore.
Mr. Barmore addressed the Council inviting everyone to attend the tradi-
tional breakfast, and he advised that this year the event would be the first of
many official programs which will comprise Anaheim's Bicentennial celebration.
MINUTES: Minutes of the Anaheim Regular City Council Meeting held February 18,
1975, were approved on motion by Councilwoman Kaywood, seconded by Councilman
Sneegas. MOTION CARRIED.
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City Hall, Anaheim, California -COUNCIL MINUTES - March 18, 1975, 1:30 P.M.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS- Councilwoman Kaywood 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. Councilman Sneegas seconded the
motion. MOTION UNANIMOUSLY CARRIED.
REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the
amount of $566,361.74, in accordance with the 1974-75 Budget, were approved.
RESOLUTION NO. 75R-128: On report and recommendation by the City Manager,
Councilman Pebley offered Resolution No. 75R-128 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PROPOSING A CHANGE OF
ORGANIZATION IN THAT DISTRICT KNOWN AS THE BUENA PARK LIBRARY DISTRICT BY THE
DETACHMENT OF CERTAIN DESCRIBED REAL PROPERTY LOCATED WITHIN SAID DISTRICT,
WHICH REAL PROPERTY IS ALSO LOCATED WITHIN THE CITY OF ANAHEIM. (COLORADO -
CRESCENT DETACHMENT) (South side of La Palma Avenue, west of Magnolia Avenue)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 75R-128 duly passed and adopted.
CITY EMPLOYEES DEFERRED COMPENSATION RETIREMENT PLAN: Action was deferred from
the meeting of March 4, 1975, regarding a City employees deferred compensation
retirement plan designed by the International City Management Association
(ICMA) Retirement Corporation, as recommended by the City Finance Director.
Mayor Thom commented that although he had no objection to the ICMA program,
he had investigated and found that many financial institutions, notably savings
and loan establishments, offer acceptable deferred compensation plans with all
the features offered by ICMA. He cited an instance where the City of Glendale
originally started with the ICMA program and later left the program to partici-
pate in a new plan developed for that city by the Glendale Federal Savings and
Loan Association. The Mayor was of the opinion that the City of Anaheim should
take a leadership position in attempting to develop a deferred compensation
plan through a local institution in order to effect a more broad and acceptable
plan, and at the same time illustrate the City's confidence in the local finan-
cial institutions and those individuals financially supported thereby.
Finance Director M. R. Ringer stated that the key to any program designed
by the City or by savings and loan institutions, etc., would be the approval
thereof by the Internal Revenue Service (IRS). He noted that he had been con-
tacted by a minimum of 10 representatives of various insurance companies,
savings and loan and other investment firms.
Mayor Thom stated that from what he had learned, the local savings and
loan institutions were aware of similar plans tailored to meet the needs of the
particular entities which do have IRS approval. He asked whether the evaluation
of the various proposals would take up much staff time.
Mr. Ringer felt that there should be public notice inviting proposals. As
a possible alternative, a firm might be employed to screen the proposals and
make recommendations.
Discussion was held by the City'Council regarding the guarantees offered
by savings and loan associations, and Mr. Ringer advised that the ICMA is not
Federally insured; that there are two plans, and one investment vehicle guar-
antees the principal, while the other does not.
Councilman Sneegas was of the opinion that since the program is on a
volunteer basis for employees at no cost to the City, a committee comprised of
representatives from each employee organization should review the plan with the
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City Hall, Anaheim, California - COUNCIL MINUTES - March 18, 1975, 1:30 P.M.
assistance and advice of the Finance Director, and possibly should conduct the
solicitation and screening of proposals, and make recommendation to the City
Council.
Councilman Seymour suggested that a series of alternatives be developed
and presented to all employees for a vote.
At the conclusion of the discussion, it was determined that proposals
should be solicited from savings and loan institutions, insurance companies,
and the ICMA, said proposals to be referred to a committee of members of the
various employee organizations for evaluation and recommendation to the City
Council.
It was suggested by Mr. Ringer that the City Manager be instructed to
designate two or three members of his staff to select four or five proposals
for consideration by the employee organization committee.
PROPOSED AMENDMENT TO CITY EMPLOYEES RETIREMENT CONTRACT TO DE -POOL MISCELLANEOUS
MEMBER PORTION: Pursuant to memorandum report submitted by the Personnel Director
to members of the City Council at the regular meeting held March 11, 1975, per-
taining to proposed amendment to the City employees retirement contract, the
City Manager advised that the City is not permitted to de -pool unless a benefit
is added to the contract, as shown in the report.
Mayor Thom requested additional information on the following cost compari-
sons as set forth on Page No. 2 of the report:
Miscellaneous Members Rate
Current Contract - Pooled 10.570%
De -Pooled and Military Service 9.090%
De -Pooled, Military Service and One Year 9.820%
De -Pooled, Sick Leave, Military Service and One Year 10.070%
Mr. McRae reported that two additional categories would compute as follows:
De -Pooled and One Year 9.880%
De -Pooled and Sick Leave 9.340%
In answer to questions by Mayor Thom, Mr. McRae reported that disability
is not a benefit which may be used for de -pooling; that safety members are
already de -pooled, and the proposed cost of living increase for retired per-
sonnel would not affect the de -pooling.
Mr. McRae further reported that the military service benefit would primarily
affect male personnel, and significantly those over 45 years of age who would
have service prior to 1950. In addition, the City may be responsible for
benefits of ex-employees now employed elsewhere under the Public Employees
Retirement System (PERS) if those agencies do not adopt the benefit. He esti-
mated that 60% to 70% of the City's employees have military service.
Mayor Thom expressed concern that although there would be an advantage to
adopting the military service credit, the majority of female employees would
not benefit therefrom.
Council discussion ensued during which the current procedures for sick
leave pay-offs at retirement were noted. Mr. McRae related that substantial
interest in the military.service benefit has been indicated by employees, and
he pointed out that if said benefit is not adopted, the cost benefit figure,
shown on Page No. 1 of his report at $9,630 per pay period, or $250,400 yearly,
would be substantially reduced. He explained that this cost benefit would be
an on-going reduction in the City's premium.
In response to questions by members of the City Council, Mr. McRae reported
that it had been intended to discuss these alternate benefits with representa-
tives of the various employee organizations later in the year. He recommended
that the City Council authorize the de -pooling of the miscellaneous member por-
tion of the retirement contract.
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City Hall, Anaheim, California - COUNCIL MINUTES - March 18, 1975, 1.30 P.M.
Mr. Murdoch explained that at the time there is an actuarial rating, the
amount of the cost reduction would be adjusted so that the reserve is maintained
at a level sufficient to maintain the allocation.
Mr. McRae stated it was his understanding that whether the City determines
to de -pool now or later in the year as a result of a negotiated settlement, the
savings would be the same. Case, savings of the military service benefit would
be less than $127,000 and although this does not reflect in the rate structure,
it is estimated that costs to the City would be increased by as much as 15%
when affected employees commence retirement in sizable numbers. Therefore, it
is possible that adopting the military service credit could bring the City's
premium back to the current figure.
Councilman Sneegas suggested the better method might be to de -pool, and
adopt the one-year benefit.
Mayor Thom stated he would be interested in adopting either the highest
one-year benefit or the sick leave credit. He was of the opinion that the
military credit would also be discriminatory to many female employees.
Councilwoman Kaywood noted that the sick leave benefit might be the fairest
to every employee since all are entitled to sick leave, and those who do not
use it should derive some benefit therefrom.
Mr. Ringer reported that if the sick leave benefit is adopted, the yearly
cost savings to the City would be reduced by approximately $40,000, on the
basis of the $250,400 figure contained in the report.
Councilman Sneegas moved that the Personnel Director be instructed to pre-
pare an amendment to the retirement contract to de -pool and include the sick
leave credit. Councilman Seymour seconded the motion. MOTION CARRIED.
Mr. McRae stated that prior to presentation of the amendment for Council
action, he would confer with the employee associations to allow them an oppor-
tunity to either concur, or make presentation to the City Council.
PROPOSED LOCAL HOUSING AUTHORITY: City Attorney Alan R. Watts counseled that
there is no legal requirement for the City Council to hold public hearing on
the proposed creation of a housing authority, and in order to obtain input from
the public and interested organizations, the Council may utilize any necessary
measures to effect the desired results.
Councilman Seymour expressed an interest in soliciting an opinion from the
Social Services ad hoc Committee, and he noted that it can be generally under-
stood the City Council has discussed the matter and intends to resolve the
issue at the April 1, 1975, meeting, in order to provide Council Members ade-
quate time to solicit whatever opinions they may have or bring them into the
public hearing.
By general consent, the City Clerk was instructed to schedule public hear-
ing before the City Council on Tuesday, April 1, 1975, 2:30 P.M., to consider
the creation of a local housing authority.
RESOLUTION NO. 75R-129 - DECLARING THE: RESULTS OF CANVASS SPECIAL MUNICIPAL
ELECTION, MARCH 4, 1975: Councilman Pebley offered Resolution No. 75R-129 for
adoption, declaring the results of canvass of the Special Municipal Election
pertaining to Proposition "A", as set forth in Certificate of Registrar of
Voters M. J. Mayer, attached to said. resolution (Exhibit "A").
"RESOLUTION NO. 75R-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA,
DECLARING THE RESULT OF THE CANVASS OF ELECTION RETURNS OF THE
SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON MARCH 4, 1975.
The City Council of the City of Anaheim, California, DOES HEREBY RESOLVE,
DETERMINE AND ORDER as follows:
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City Hall, Anaheim, California - COUNCIL MINUTES - March 18, 1975, 1.30 P.M.
Section 1. A special municipal election was duly called and regularly
held in the City of Anaheim on the 4th day of March, 1975, at which election
there was submitted to the qualified voters of said city the following proposi-
tion:
ELECTRIC REVENUE BOND PROPOSITION: Shall the City of Anaheim
be authorized to issue revenue bonds in the principal amount of
$1502000,000 for the acquisition and construction of electrical
generation, transmission and distribution facilities, and the
acquisition of electrical capacity, fuel supply and other prop
erty and rights related to the generation, transmission and dis
tribution of electrical energy, including the cost of preliminary
engineering and feasibility studies and other costs and expenses
incidental to the foregoing?
Section 2. The returns of said election have been duly and regularly
canvassed as provided by law, and the Registrar of Voters of Orange County has
certified the results of said canvass to this City Council. A copy of the
certificate of said Registrar is annexed hereto, marked Exhibit A. and incor-
porated herein.
Section 3. The votes cast in the precincts established for said
election upon said proposition and for and against said proposition, the absentee
votes cast upon said proposition and for and against said proposition, and the
total votes cast at said election for and against said proposition and upon
said proposition are as shown in said certificate.
Section 4. The proposition received the assent of a majority of the
voters voting at said election upon said proposition, and said proposition is
hereby declared to be carried, and this City Council is authorized to issue
revenue bonds for the purpose stated therein as provided by law.
Section 5. The City Clerk is hereby directed to enter this resolution
in full in the minutes of the City Council, which entry shall constitute the
City Clerk's statement of the result of the election.
ADOPTED, SIGNED AND APPROVED this 18th day of March, 1975.
/s/ W. J. Bill Thom
Mayor of the City of Anaheim, California
ATTEST:
/s/ ALONA M. HOUGARD
City Clerk of the City of Anaheim, California
(SEAL)
EXHIBIT A
CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT
OF THE CANVASS OF THE BIENNIAL ELECTION RETURNS
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I, M. J. MAYER, Registrar of Voters of Orange County, do hereby certify
the following to be a full, true and correct Statement of the Vote of the CITY
OF ANAHEIM SPECIAL MUNICIPAL ELECTION, consolidated with the Biennial Election
held March 4, 1975.
ELECTRIC REVENUE BOND
MEASURE "A"
YES: 8792
NO: 5395
TOTAL VOTES CAST: 14343
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City Hall, Anaheim, California - COUNCIL MINUTES - March 18, 1975, 1:30 P.M.
I hereby certify that the number of votes cast for and against the measure
as is set forth above appears in the Certified Statement of the Vote entered in
the Records of the Board of Supervisors of the County of Orange.
WITNESS my hand and Official Seal this 14th day of March, 1975.
(SEAL)
M. J. MAYER
Registrar of Voters
By /s/ Charline Daggers
Deputy
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 75R-129 duly passed and adopted.
RESOLUTION NO. 75R-130: Councilman Pebley offered Resolution No. 75R-130 for
adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECT-
ING THE MAYOR AND CITY CLERK TO EXECUTE UTILITIES AGREEMENT NO. 7Ut-5029 WITH
THE STATE OF CALIFORNIA.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 75R-130 duly passed and adopted.
RESOLUTION NO. 75R-131: Councilwoman Kaywood offered Resolution No. 75R-131 for
adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING
THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE STATE OF
CALIFORNIA, DEPARTMENT OF HIGHWAY PATROL RELATING TO MOTORCYCLE TRAINING CLASSES
FOR ANAHEIM POLICE OFFICERS AT THE CALIFORNIA HIGHWAY PATROL ACADEMY.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 75R-131 duly passed and adopted.
CONTINUED REQUEST - SEWER AND UTILITY SERVICES TO PROPERTY LOCATED IN BUENA PARK.
Request dated March 6, 1975, from Mr. William Rossworn that Anaheim utility and
sewer service be provided his property located at the westerly terminus of
Savanna Street in the City of Buena Park was continued from the meeting of
March 11, 1975, for consideration by the full City Council. At that time,
motion that the requested services be provided to subject property, subject to
the condition that Mr. Rossworn construct the entire proposed cul-de-sac on his
property, resulted in a tie vote. (Said property was the subject of Buena Park
Variance No. V-714, which was denied by the Buena Park City Council.)
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City Hall, Anaheim, California - COUNCIL MINUTES - March 18,1975,-1:30 P.M.
Councilwoman Kaywood restated her motion that the requested sewer services
and utility hook-ups be provided to Mr. Rossworn's parcel, subject to the
condition that he construct the entire proposed cul-de-sac on his uroperty.
Councilman Thom seconded the motion.
Councilman Seymour, who was absent from the March 11, 1975 meeting when
this matter was considered, questioned whether there had been some type of
policy established for requests of this nature.
It was noted by Mayor Thom that the City Manager had reiterated the policy
that the City of Anaheim provide services so long as the proposed development
is constructed in accordance with the City's site development standards.
In response to query by Councilman Pebley, Zoning Supervisor Roberts con-
firmed that the City Council took action on February 4, 1975, under Buena Park
Variance No. V-714, recommending that a portion of a public cul-de-sac be
provided at the easterly boundary of the property. He further recalled that
when the matter first was considered, the applicant planned to dead-end, or
stub the street into a private driveway which would provide access to parking
spaces within the project. The half cul-de-sac was recommended as a solution
so that in the future, a full cul-de-sac could be provided.
It was noted that the February 4, 1975 recommendations were subsequently
amended on February 18, and 25, 19759 action being taken to recommend that the
City of Buena Park deny the variance, and recommend to the developer that he
apply for annexation to Anaheim; or in lieu thereof, should the variance be
approved and the property owner indicate his intent to annex to Anaheim, that
the development conform to all applicable site development standards of the
City of Anaheim.
Mr. William Rossworn, 10412 Greenbriar Road, Santa Ana, Applicant, was
invited to address the Council and advised that if the entire cul-de-sac were
to be located on subject property, it would leave no room for even one dwelling.
In response to question by Councilman Seymour, Mr. Roberts reported that
if subject property were located within Anaheim, the Council would still have
to determine whether or not there should be some joint participation in the
cul-de-sac provision. He was unable to recall any similar situations in the
past involving such a small parcel of property.
Councilman Sneegas questioned the difference between this situation and
one where a roadway is to be extended between two properties, where half of the
right-of-way is derived from each adjoining property owner.
City Engineer James P. Maddox advised that the only situation he could
recall where less than a full cul-de-sac was required, was in those cases where
the new proposed development was not taking access from the cul-de-sac, and
under those situations, a modified cul-de-sac would be allowed solely within
the right-of-way of the existing developed parcel.
From the foregoing discussion, Councilman Seymour stated he had concluded
that a precedent has been established requiring that the ultimate utility of
the street be developed.
Further discussion was held by the City Council, and Councilman Sneegas
asked why, since the City has determined the necessity of the cul-de-sac, the
property owner should be required to dedicate land for the entire cul-de-sac,
and further questioned why the developer had not applied for annexation to
Anaheim.
Councilwoman Kaywood noted that the subject property was unique and actual
physical boundaries blocked this parcel from Buena Park, which is the basis for
the request for services.
Mr. Bill Waddle, 4471 Green Avenue, Los Alamitos, requested permission to
speak and advised that he had recently become a partner and the proposed developer of
subject property, and he was willing to dedicate sufficient land for half the cul-de-sac.
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City Hall, Anaheim, California - COUNCIL MINUTES - March 18, 1975L1:30 P.M.
It was his intent to commence construction at the earliest possible date, and
he advised that it is now proposed to construct a maximum of 8 apartment units
including his personal 3,000 -square foot home, and the project will be construc-
ted to City of Anaheim standards. He asked what length of time would be involved
in annexation proceedings.
Councilman Seymour suggested that if annexation proceedings would take too
much time, the developer could construct the project in accordance with all
Anaheim standards, pending annexation at a later time.
Mr. Waddle pointed out that it would be impossible to develop the property
as planned if compliance with all of the site development standards is required,
unless a variance is allowed. He offered to redesign the plans of the proposed
development, using a dedication for one-half of the cul-de-sac, to be submitted
for Council consideration in two weeks. In the meantime, he stated he would
present said new plans to the interested property owners in the vicinity.
It was noted that the proposed 8 -unit development would be of considerably
lower density than the original plans indicated. By general consent of the
City Council, the City Clerk was instructed to schedule at the regular Council
meeting of April 1, 1975, under Unfinished Business, consideration of the
revised plot plan, and to notify interested property owners on Savanna Street.
PUBLIC HEARING - AMENDMENT TO ANAHEIM MUNICIPAL CODE ZONING - TREE PRESERVATION:
Public hearing was held to consider amendment to Title 18, Chapter 18.84,
proposed tree preservation in the Scenic Corridor Zone - Overlay.
The City Planning Commission, pursuant to their Resolution No. PC75-25,
recommended said amendment, adding Section 18.84.036, Tree Preservation, to
Chapter 18.84 of the Anaheim Municipal Code.
Planning Supervisor Don McDaniel briefly reviewed the background, noting
that homeowners in the Santa Ana Canyon area had expressed concern about the
indiscriminate cutting of specimen trees; the matter was taken up by the Canyon
Area General Planning Task Force, and they recommended certain corrective
measures and controls to the City Planning Commission.
A question and answer period followed, Councilman Seymour being of the
opinion that Section .021 of the proposed amendment, "Criteria for Approval"
(of tree removal), should be worded so that the decision shall be based on more
than "one of the following", as set forth therein. He expressed concern that
the replacement of a tree proposed for removal would not in itself justify the
cutting and removal of the tree. He was of the opinion that the "establishment
of good cause" section should be placed before the criteria for approval of the
replacement tree list.
At the suggestion of Mr. McDaniel, Councilman Seymour moved that the
public hearing be continued one week, to allow amendment of the proposed ordi-
nance wording.
Councilwoman Kaywood questioned the meaning of the "Area in Ten (10)
Years" column on the Specimen Tree List.
Mr. Daum advised that the column refers to the square feet of coverage
area in ten years.
Councilwoman Kaywood suggested that the wording of the column title be
more clearly stated, and she thereupon seconded Councilman Seymour's motion to
continue the public hearing.
Mrs. Mitzy Ozaki, 1122 Timken Road, representing the Santa Ana Canyon
Property Owners Association, requested permission to address the Council, and
referred to Section .020, "Scope", which states that it is unlawful to cut
down, destroy or remove certain trees without approval by the Development
Services Department. She suggested that the penalty for any of these violations
be included in this section, and that an additional penalty be incorporated
that these trees must be replaced.
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City Hall, Anaheim, California - COUNCIL MINUTES - March 18, 19759 1:30 P.M.
Assistant City Attorney William Hopkins counseled that such violations of
the Municipal Code are misdemeanors, and the maximum penalty therefor is six
months confinement, or $500 fine. The additional penalty would require an
amendment to the Code, and it would be necessary for the judge to rule as to
the extent of the penalty in relation to the degree of violation.
With reference to Section .2123 of the proposed amendment, one of the
"just causes" for removal or destruction of trees being trees weakened by
various causes including excavation, Mrs. Ozaki called attention to one excep-
tionally fine oak tree which was removed by a developer after considerable
excavation had taken place in the surrounding area, and she requested that the
term "excavation" be removed from the allowable causes.
Councilman Seymour was of the opinion that to remove this cause from the
wording of the amendment could result in problems as to where any excavation
could take place in order to protect the trees.
Mrs. Ozaki pointed out that permission from the Development Services
Department would be necessary before any trees could be removed, and the right
to appeal is provided, leaving the decision to the City Planning Commission.
Councilman Seymour noted that this same process would take place under the
present wording of the amendment.
Mrs. Ozaki complimented developer G. L. Lewis for his policy of conserving
trees in the Scenic Corridor; in his subdivisions where trees must be removed,
they are relocated in the area. She expressed appreciation to the City Council
and staff, being of the opinion that the proposed amendment is basically good
legislation, and the Santa Ana Canyon Property Owners Association will strongly
support the ordinance.
Mayor Thom asked if anyone else wished to address the City Council. There
was no 'response.
Mrs. Ozaki returned to the stand and asked whether there could be some
provision for notification to property owners when an intent to destroy specimen
trees or an appeal is filed in order that interested parties may have time to
appear.
Mr. McDaniel reported that the foregoing suggestion was being considered
in connection with the administration of the ordinance.
The motion was re -stated, that the public hearing be continued to Tuesday,
April 1, 1975, 2:30 P.M., to allow revision of wording for the proposed amend-
ment as discussed. To this motion, Councilman Sneegas voted "no", stating that
he was not in favor of the proposed Code amendment under any conditions.
MOTION CARRIED.
PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1512: Public hearing was held to
consider Conditional Use Permit No. 1512 to permit the storage of fireworks in
an existing industrial building on ML zoned property having a frontage of
approximately 84 feet on the northwest side of Fountain Way, approximately
1,180 feet north of the centerline of La Palma Avenue. Petitioners, William S.
and Carol P. Harvey, owners, Louis G. Kelly, Ace Fireworks Company, Inc.,
Agent.
The City Planning Commission, pursuant to Resolution No. PC75-23, recom-
mends to the City Council that subject project be exempt from the requirement
to prepare an environmental impact report pursuant to the provisions of the
California Environmental Quality Act, and denied subject conditional use permit.
Appeal from action taken by the City Planning Commission was filed by
Leonard A. Goldman, Attorney for the petitioner, and public hearing scheduled
this date.
The City Clerk called attention to communication dated March 10, 1975,
from Mr. Goldman requesting continuance of the public hearing to a later date
in order that he might be present.
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City Hall, Anaheim, California - COUNCIL MINUTES - March 18, 1975, 1.30 P.M.
Mr. Goldman came forward and withdrew his request for continuance.
Zoning Supervisor Charles Roberts noted the location of subject property
and the existing uses and zoning in the immediate area, summarizing the evidence
submitted to and considered by the City Planning Commission. He advised that
the building proposed for the storage of safe and sane fireworks contains in
excess of 10,000 square feet; that the materials would be sold and delivered to
non-profit organizations prior to Independence Day each year; that there would
be four or five permanent employees, and between June 15 and July 10 each year,
ten temporary employees.
Initially, the Fire Department and the Building Division expressed concern
as to the occupancy classification into which the proposed use would fall, how-
ever after representatives of these departments met with the applicant, these
concerns were considerably alleviated. Mr. Roberts noted that opposition was
expressed to the City Planning Commission by property owners, and a petition of
Opposition was submitted, signed by approximately 60 property owners, residents,
and employees in the area.
Regarding the request of Mr. Goldman to continue the hearing, Councilwoman
Kaywood asked whether those in opposition were present today.
Several members of the audience indicated their Dresence in opposition.
The Mayor asked if the applicant's representative wished to address the
City Council.
Mr. Leonard Goldman, Attorney representing the petitioners, advised that
the fireworks intended for storage on the premises in question were designated
Class "C", and described as safe and sane. The term "defligeration" may be
applied to these materials, meaning that they do not explode and if ignited,
they will not move about but will burn in place. The storage and sale of fire-
works is extremely well legislated, and the storage building must meet Fire and
Construction Code requirements. Chemical compounds must be checked, the type
and duration of fuses must be perfect, as must labeling of the products.
Mr. Goldman stated that Insurance Services of California say that storage
of these materials should not affect the base fire insurance rate of an area,
assuming that the property is vented. An experiment by the U. S. Department of
the Interior, Bureau of Mines, five or six years ago resulted in a statement
that Class "C" fireworks have no probability of explosion or detonation, so
long as they are contained in a vented building. Subject concrete structure is
vented and contains an automatic sprinkling system. The front portion of the
property is office space, and to the rear of subject building is an outdoor
employee recreation area.
In response to question by Councilman Pebley, Mr. Goldman stated that the
Fire Rating Bureau would not make a commitment as to whether or not insurance
rates for other buildings in the neighborhood might increase if the use is
allowed.
Councilman Seymour questioned whether the insurance rates had increased in
the vicinity of the petitioners northern California facility.
Mr. Goldman stated that no increase in rates was experienced in the vici-
nity of the petitioner's Belmont, California facility. He read a letter from
Mr. Ronald J. Foot, Assistant Chief Surveyor of the Survey Department, Insurance
Services of California, stating that the storage of safe and sane fireworks as
proposed in Belmont would not affect the base fire insurance rates of other
facilities which are 60 feet or more removed, based on the fact that the facil-
ity is vented and contains a sprinkler system and other buildings in the vici-
nity are of like construction. He was of the opinion there would be no obstacle
to obtaining a similar letter pertaining to the Anaheim facility.
In answer to Councilwoman Kaywood's inquiry as to whether Mr. Goldman's
clients would be willing to pay any additional amount of fire insurance for
facilities in the vicinity of the proposed use should their rates be increased,
Mr. Goldman replied in the affirmative.
75-235
City Hall, Anaheim, California - COUNCIL MINUTES - March 19, 1975, 1!30 P.M.
Brief Council discussion was held, and City Manager Keith Murdoch noted
the possibility that payment of this projected difference in the insurance pre-
mium for nearby facilities might be insured by means of a contract.
Mayor Thom asked whether anyone wished to address the City Council in,
favor of subject application.
Mr. Bill Harvey, owner of the building, advised that in the beginning, at
his request, Fire Marshal Phillips inspected the premises and advised him that
he foresaw no problems of explosion or a hot fire if the building was used as
proposed. The tenant was providing the insurance under a master policy, and
Mr. Harvey was convinced that the use would be safe.
The Mayor asked if anyone wished to address the City Council in opposition.
Mrs. Stephens, representing the Jewett Company, posted on the east wall of
the Council Chambers an exhibit illustrating the properties along Fountain Way,
and noted that deliveries would be made to the proposed facility via this
street. Of the 21 lots on Fountain Way, 11 are opposed to the proposed use,
and she noted the various existing uses in the vicinity. Also noted was the
Trojan Fireworks facility in Los Angeles County and a comparison made of that
existing structure and operation to the proposed subject operation. -
Mrs. Stephens was of the opinion that the term "safe and sane" depended
upon how the fireworks were placed in the building, how they were handled
therein, and how the building was maintained; and she cited the criteria there-
for. She noted that the products are manufactured in the company's Rialto
facility, and would be transported to Anaheim where the cartons would be
unpacked and repackaged for sale.
Reference was made to the first Development Services Department staff
report to the City Planning Commission dated January 20, 1975, where a number
of recommendations were made by the Building Division regarding construction
modifications and operational provisions for the structure to be used, and Mrs.
Stephens pointed out that a subsequent report dated February 3, 1975, omitted
said recommendations on the basis of a report from the Fire Department that the
fireworks are not highly flammable nor explosive materials and would not cause
the building to be placed in an El occupancy group classification. She was
convinced that the insurance rates for the surrounding area will be increased
if the proposed use is permitted.
Mrs. Stephens called attention to what she felt were errors in the Minutes
of the City Planning Commission meeting held February 3, 1975, and was of the
opinion that the term "like construction", as referred to in the letter from
Insurance Services of California, would include automatic sprinkling systems,
in order to preclude an increase in insurance rates.
Councilman Seymour asked whether Mrs. Stephens disagreed with the opinion
of the City Fire Marshal, and how she would justify her opinion.
Mrs. Stephens pointed out that approximately a year ago, the Fire Marshal
had proposed that all sales of fireworks in the City be banned, yet he recom-
mended the proposed use. She asked whether the City would be responsible in
the event of a disaster on the premises. Mrs. Stephens noted the wording on
the petition of opposition filed with the Planning Commission.
Councilwoman Kaywood asked whether the use might be more compatible if Ace
Fireworks Company, Inc., was willing to pay any difference in the fire rates
for the Jewett Company.
Mrs. Stephens replied it would not. She felt the use did not belong in a
densely populated M1 area.
Councilman Seymour pointed out that the City Council must rely on the
opinion of experts as to how the use would affect the area. In his opinion the
sale and storage of fireworks were two different uses, and he concurred with
the report by the Fire Marshal.
75-236
City Hall, Anaheim, California - COUNCIL MINUTES - March 18, 1975, 1.30 P.M.
The Mayor asked if anyone else wished to address the City Council in
opposition.
Mr. Herbert Myers, 1181 North Fountain Way, stated he was the owner of
property 20 feet south of subject building, and he was the instigator of the
petition of opposition. He advised that there have been two fires in his
building which were successfully controlled by the Anaheim Fire Department.
Mayor Thom left the Council Chamber, and Mayor Pro Tem Seymour assumed
Chairmanship of the meeting. (3:37 P.M.)
With regard to the proposed use, Mr. Myers stated he had contacted
planning and fire departments of various local jurisdictions, and found that
the Cities of Fullerton and Placentia do not allow storage of fireworks, and
the County of Orange leaves the decision to the various communities.
Mayor Thom returned to the Council Chamber. (3:40 P.M.)
Mr. Myers advised that the tenant in his non sprinkler system building
manufactures circuit boards and stores Class I flammables, which is
allowable, and he noted that the basic ingredients of the Class "C" fireworks
are explosives. He expressed concern that the storage facility might
ultimately become a terminal for the import and export of all types of
fireworks.
Mr. Myers felt the proposed use would endanger the area, and further
advised that there is only one entrance to the properties on Fountain Way, that
being from La Palma Avenue, and he noted the need for signing to control
traffic from other industrial properties which use the alley south of subject
property.
Councilman Pebley read the State Fire Code provision stating it is
unlawful for anyone to store fireworks within 100 feet of a location which uses
Class I flammables or gasoline materials.
In response to question by Councilwoman Kaywood, Mr. Myers stated that his
property is checked frequently by the Fire Department, and he was certain the
Department is aware of the materials used on the premises.
Mayor Thom asked whether the petitioners had information to clarify this
matter.
Mr. Goldman stated they were unaware that Class I materials were stored
on the property to the south of subject property.
At the conclusion of brief discussion, Councilman Pebley moved that public
hearing be continued one week, March 25, 1975, 2:30 P.M., to allow the staff to
investigate and determine whether the proposed use is in conflict with State
laws. Councilman Sneegas seconded the motion. MOTION CARRIED.
RECESS: Councilwoman Ka.ywood moved for a five-minute recess. Councilman Pebley
seconded the motion. MOTION CARRIED. (4:00 P.M.)
AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being
present. (4:05 P.M.)
PUBLIC HEARING - VARIANCE NO. 2668: Application by the Quality Inn Hotel and
Greenhorns Meat Market for the following Code waivers to allow the use of a
restored 1941 Cadillac automobile for signing purposes on C-R zoned property
located at the southwest corner of Convention Way and Harbor Boulevard, was
submitted together with application for Exemption Status from the requirement
to prepare an environmental impact report:
a. Maximum number of signs.
b. Minimum distance between signs.
The City Planning Commission, pursuant to Resolution No. PC75-28, denied
said variance and reported that the Director of Development Services has deter-
mined that the proposed activity falls within the definition of Section 3.01,
Class 3 of the City of Anaheim Guidelines to the requirements for an environ-
mental impact report and is, therefore, categorically exempt.
75-237
City Hall, Anaheim, California - COUNCIL MINUTES March 18, 1975, 1.30 P.M.
Action taken by the City Planning Commission was appealed by Mr. Terry L.
Geer, General Manager, Quality Inn and public hearing scheduled this date.
Mr. Roberts reviewed the waivers requested and the signing already located
on the property. He noted that the plans indicate the petitioner will place
this restored vehicle in a landscaped planter adjacent to Harbor Boulevard. He
advised that the City Planning Commission denied the variance application on
the basis that this use of an inoperative automobile is not in keeping with the
sign ordinance and would set an undesirable precedent particularly for the C-R
Zone.
Councilman Pebley questioned whether there is anything specifically in the
Code to restrict the use of an automobile in operating condition and with a
sign painted on it from being placed in front of an establishment each day. He
called attention to the fact that the Truly Nolen Exterminating Company make
extensive use of parked restored automobiles for advertising purposes
throughout Anaheim and other cities in Orange County.
Mr. Roberts replied that this type of signing has been observed to be used
not only by the Truly Nolen Company but by many other business establishments
and presents some difficulties in regard to administration, since it would seem
unreasonable to cite a business for such signing on a vehicle if it -is removed
each night. He stated that in those instances where a vehicle has been
obviously purchased and placed for permanent signing purposes, that they have
been attempting to administer these as free-standing signs, but where the
vehicle is moved on a periodic basis, the businesses cannot be cited.
The Mayor asked if the applicant were present and wished to address the
Council.
Mr. Geer stated that he could not agree that his proposed automobile dis-
play would be undesirable since he went to some great expense to have the auto-
mobile professionally restored and the motor removed. He reported that the
signing which he proposes consists of one 36 -inch by 18 -inch painted sign on
the side door of the car which is comprised of the restaurant logo and name,
i.e., "Three Greenhorns Meat Market, established 1972". Mr. Geer noted that
the restored automobile could be located 232 feet from the existing free-
standing sign in the landscaped area or, if Council desired, it could be left
in the parking area.
Councilman Seymour stated that the only aspect of this proposal which
causes him concern is the precedent which might be set which would lead to less
desirable automobiles than the one proposed here used for sign purposes. He
inquired whether Mr. Geer would be willing to construct some type of concrete
foundation on which to place the automobile.
Mr. Geer indicated he would be willing to construct a concrete foundation
and rest the automobile on its axles on same. He further stipulated that the
extent of the signing on the automobile would be one 18 by 36 -inch sign
containing the logo and words "Three Greenhorns Meat Market, established 1972"
on the door of this automobile.
The Mayor asked if anyone wished to address the Council either in favor or
in opposition to Variance No. 2668 and there being no response, he declared the
hearing closed.
Brief discussion as to the location of this proposed display was held and
Council determined that the applicant could work this matter out to the satis-
faction of the Development Services Department.
CATEGORICAL EXEMPTION - ENVIRONMENTAL IMPACT REPORT: On motion by Councilman
Thom, seconded by Councilman Sneegas, the City Council ratified the deter-
mination of the Director of Development Services that the proposed activity
falls within the definition of Section 3.01, Class 3, of the City of Anaheim
Guidelines to the requirements for an environmental impact report and is,
therefore, categorically exempt from the requirement to file an environmental
impact report. MOTION CARRIED.
75-238
City Hall, Anaheim, California - COUNCIL MINUTES - March 18, 1975, 1.30 P.M.
RESOLUTION NO. 75R-132: Councilman Pebley offered Resolution No. 75R-132 for
adoption granting Variance No. 2668, subject to the following condition as
recommended by the Interdepartmental Committee and further subject to the
stipulations made by the petitioner regarding placement of the automobile on a
cement foundation and size of sign; the location of said sign display to be
established by the applicant to the satisfaction of Development Services
Department.
1. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 and 2.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO.
2668.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 75R-132 duly passed and adopted.
PUBLIC HEARING - RECLASSIFICATION NO.
for a change in zone from CL and CO
Avenue and Gain Street was submitted
Status from the requirement to prepa
74-75-22: Application by Robert M. Cross
to CL at the southeast corner of Lincoln
together with application for Exemption
re an environmental impact report.
The City Planning Commission, pursuant to Resolution No. PC75-32,
recommended that the City Council declare subject project exempt from the
requirement to prepare an environmental impact report and further recommended
that Reclassification No. 74-75-22 be approved, subject to the following
conditions:
1. That sidewalks shall be installed along Lincoln Avenue and Gain Street
as required by the City Engineer and in accordance with standard plans and
specifications on file in the Office of the City Engineer.
2. That 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
determined 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
satisfactory to the City Engineer.
6. That a 6 -foot masonry wall shall be constructed along the east
property line.
7. That any parking area lighting proposed shall be down -lighted to a
maximum height of 6 feet, which lighting shall be directed away from the
property lines to protect the residential integrity of the area.
8. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 (Revision No. 1), 2, and 3, provided that the minimum number of parking
spaces for the proposed gross floor area shall be provided in accordance with
code requirements for general retail stores and service business.
9. That Condition Nos. 1, 2, 4, 5, 6, 7, and 8, above-mentioned, shall be
complied with prior to final building and zoning inspections.
The Council reviewed the staff report submitted, and Mr. Roberts offered
to answer any questions.
Councilwoman Kaywood stated that she was concerned about the proposed four
driveway accesses planned, two on Lincoln Avenue and two on Gain Street. She
pointed out that traffic on Lincoln Avenue is hazardous and questioned the
advisability of permitting two additional access points within a 350 -foot
frontage.
75-239
City Hall, Anaheim, California - COUNCIL MINUTES - March 18,_1975,_ 1.30 P.M.
Mr. Roberts advised that the Traffic Engineer has reviewed the plans and
has expressed no concern from a traffic standpoint. The two driveways are
planned to be 60 to 80 feet apart and one of them would provide access to the
parking lot. The other access would be a service drive which leads to the rear
of the buildings and since there will be no parking spaces in this area, it is
unlikely that any customers would use the service drive. Each of these
driveways will be wide enough for ingress and egress.
The Mayor asked if the applicant or his agent were present and satisfied
with the recommendations of the City Planning Commission.
Mr. Roy DeCell, 4941 Orange Avenue, Cypress, 90630, Agent, advised that
the driveways are proposed as described by Mr. Roberts and will be used as he
explained, one from Lincoln for parking access and one for a service driveway.
He further noted that only right -turn in and right -turn out movements will be
possible on this property because of the existing median barrier on Lincoln
Avenue.
Councilwoman Kaywood noted her reservations about this proposed zone
change on property located immediately adjacent to residentially zoned property
and inquired whether these people were notified.
Mr. DeCell stated that a public notice of the Planning Commission meeting
was published and at that hearing and the subsequent hearing having to do with
revised plans, no protests were received.
The Mayor asked if anyone wished to address the Council, either in favor
or in opposition to the proposed reclassification, there being no response, he
declared the hearing closed.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion
Sneegas, seconded by Councilman
project will have no significant
Pebley, the City Council finds
effect on the environment and
exempt from the requirement to prepare an
CARRIED.
environmental impact
by Councilman
that this
is, therefore,
report. MOTION
RESOLUTION NO. 75R-133: Councilman Pebley offered Resolution No. 75R-133 for
adoption, authorizing the preparation of the necessary ordinance, changing the
zone as requested, subject to the conditions recommended by the City Planning
Commission.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 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.
(74-75-22 - CL)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 75R-133 duly passed and adopted.
PUBLIC HEARING - RECLASSIFICATION NO. 74-75-26 AND ENVIRONMENTAL IMPACT REPORT NO.
144: Application by Sachiko Nishino, Ruriko Nishino and Reiko Nishino, Owners,
Ralphs Grocery Company, Agent, requesting a change in zone from RS -A-43,000 to
CL for property located at the southwest corner of Lincoln Avenue and Sunkist
Street was submitted together with E.I.R. No. 144.
The City Planning Commission, pursuant to Resolution No. PC75-36, recom-
mended that the Council certify E.I.R. No. 144 including the written communica-
tion from the Santa Ana River -Santiago Creek Greenbelt Commission as being in
compliance with the City and State Guidelines and the State of California
Environmental Quality Act and further recommended that Reclassification No.
74-75-26 be approved, subject to the following conditions:
75-240
City Hall, Anaheim, California - COUNCIL MINUTES - March 18 1975 1:30 P.M.
1. That the owner(s) of subject property shall deed to the City of
Anaheim a strip of land 53 feet in width from the centerline of the street
along Lincoln Avenue for street widening purposes.
2. That all engineering requirements of the City of Anaheim along Lincoln
Avenue including preparation of improvement plans and installation of all
improvements such as curbs and gutters, sidewalks, street grading and paving,
drainage facilities, or other appurtenant work shall be complied with as
required by the City Engineer and in accordance with standard plans and
specifications on file in the office of the City Engineer; that street lighting
facilities along Lincoln Avenue shall be installed as required by the Director
of Public Utilities and in accordance with standard plans and specifications on
file in the office of the Director of Public Utilities; and that a bond in an
amount and form satisfactory to the City of Anaheim shall be posted with the
City to guarantee the installation of the above-mentioned requirements.
3. That the owner(s) of subject property shall pay to the City of Anaheim
the sum of 60� per front foot along Lincoln Avenue and Sunkist Street for tree
planting purposes.
4. That a planted median shall be installed in Lincoln Avenue as required
by the City Engineer and in accordance with standard plans and specifications
on file in the office of the City Engineer; and that reasonable landscaping,
including irrigation facilities shall be installed in accordance with the
requirements of the Superintendent of Parkway Maintenance; and that a bond in
an amount and form satisfactory to the City of Anaheim shall be posted with the
City to guarantee the installation of the above-mentioned requirement.
Following the installation and acceptance, the City of Anaheim shall assume the
responsibility for maintenance of said landscaping, as stipulated to by the
petitioner.
5. That any parking area lighting shall be down -lighted from a maximum
height of twenty-two (22) feet and directed away from the adjacent property
lines to protect the residential integrity of the area, as stipulated to by the
petitioner.
6. That trash storage areas shall be provided in accordance with approved
plans on file with the office of the Director of Public Works.
7. 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.
8. That all air-conditioning facilities shall be properly shielded from
view, and the sound buffered from adjacent properties.
9. That subject property shall be served by underground utilities.
10. That a 6 -foot masonry wall shall be constructed along the south and
west property lines.
11. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
12. 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.
13. Prior to the introduction of an ordinance rezoning subject property,
Condition Nos. 1, 2, 3 and 4, above-mentioned, shall be completed. The Provi-
sions or rights granted by this resolution shall become null and void by action
of the City Council unless said conditions are complied with within one year
from the date hereof, or such further time as the City Council may grant.
14. That Condition Nos. 5, 6, 8, 9, 10, 11 and 12, above-mentioned, shall
be complied with prior to final building and zoning inspections.
15. That deliveries shall be between the hours of 7:00 a.m, and 10:00 p.m.
and delivery truck access shall be from Lincoln Avenue only, and the hours of
operation shall be from 9:30 a.m. to midnight, as stipulated to by the
petitioner.
Zoning Supervisor Roberts described the location of the property and sur-
rounding land uses and zoning. He reported that the property is planned to be
developed into a single -story commercial shopping center which would include a
33,000 -square foot supermarket facility on the westerly end of the project and
a financial institution building near the intersection of Sunkist and Lincoln;
that the plans indicate 203 parking spaces to be provided; and also indicate a
10 -foot wide landscaped strip to be provided along Lincoln Avenue, Sunkist
Street and the westerly boundary of the property, as well as a 20 -foot
landscaped buffer zone along the southerly boundary. He concluded that the
project conforms to all site development standards of the CL Zone. The concern
75-241
City Hall, Anaheim, California - COUNCIL MINUTES - March 16, 1975, 1:30 F.M.
was registered by the Traffic Engineer that the proposed financial institution
would incorporate a drive-in window which might create stacking problems and
traffic hazards on Lincoln Avenue. Consequently a condition was imposed upon
approval of the reclassification that a raised median be constructed on Lincoln
Avenue to preclude left turn movements onto the site.
The Mayor asked if the applicant or his agent were present and satisfied
with the recommendations of the City Planning Commission.
Mr. Art Garcia of the Real Estate Department, Federated Department Stores,
2600 Wilshire Boulevard, Los Angeles, 90015, replied affirmatively.
Councilwoman Kaywood questioned whether the existing trees, particularly
the sycamore, oak, and palm trees on the site could be utilized in the
landscaping plan or boxed and moved rather than being destroyed.
Mr. Rich Gaylord, Project Architect, replied that this possibility could
be investigated and perhaps the use of some of these trees in the landscaping
plan would be a cost saving factor. He noted that the developer of the
property is planning to spend $30,000 to $40,000 on landscaping.
Councilwoman Kaywood questioned whether the six-foot wall proposed along
the southerly boundary would be sufficient to alleviate the noise emitted from
the large trucks with top refrigeration units for the protection of the
residential area located to the south.
Mr. Gaylord advised that these trucks will circulate around the
supermarket and exit to the front of the building. If there is a waiting
period for unloading the trucks, they would wait to the rear of the supermarket
which is on the westerly edge of the property. He described the landscaped
buffer zone proposed on the south boundary which would be comprised of a 20 -
foot landscaped strip with 4 -foot earthen berm and 6 -foot wall.
In further answer to Councilwoman Kaywood, Mr. Gaylord advised that recent
Ralph's projects have included bicycle racks and he was certain this project
would also provide bicycle racks.
Councilman Sneegas requested that if it is determined that the full 203
spaces planned are not necessary, the developer consider providing wider spaces
than the 9- by 19 -foot parking stall proposed, perhaps by widening the stall to
9;1 feet.
Mr. William Hopkins advised that the City Attorney's Office wishes Council
to be aware that the stipulation that deliveries be made between the hours of
7:00 a.m. and 10:00 p.m. only and the hours of operation from 9:30 a.m. to
midnight would be difficult to enforce.
At the request of Councilwoman Kaywood, Mr. Garcia stipulated that his
firm would conduct business during the hours of 9:30 a.m. to midnight and
deliveries would be scheduled only during the hours of 7:00 a.m. and 10:00 p.m.
ENVIRONMENTAL IMPACT REPORT NO. 144 - CERTIFICATION: On motion by Councilman
Seymour, seconded by Councilman Pebley, E.I.R. No. 144 together with the
written communication received from the Santa Ana River -Santiago Creek
Greenbelt Commission, 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 that E.I.R. No. 144 with
the addendum listed is in compliance with the California Environmental Quality
Act and City and State Guidelines. MOTION CARRIED.
RESOLUTION NO. 75R-134: Councilman Seymour offered Resolution No. 75R-134 for
adoption, authorizing the preparation of the necessary ordinance, changing the
zone as requested, subject to the recommendations of the City Planning
Commission and further subject to the stipulations made by the applicant in
relation to hours of operation and scheduled time of deliveries.
Refer to Resolution Book.
75-242
City Hall, Anaheim, California - COUNCIL MINUTES - March 18, 1975, 1:30 P.M.
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.
(74-75-26 - CL)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 75R-134 duly passed and adopted.
PROJECT ALPHA DOWNTOWN AREA - RETAIL SHOPPING CENTER: The Mayor advised that
communication has been received by the City from Ralphs Grocery Company this
date indicating their interest in developing a market in the Redevelopment
Project Alpha downtown area pending certain conditions and he wished to
publicly thank Ralph's Markets for their interest.
FIREWORKS
DISPLAY PERMIT: Application by Mr. R. Bob Souza, General Manager,
California Fireworks Display Company for permit to allow public fireworks dis-
plays April 7, 1975 at Anaheim Stadium pre -game and 7th inning was submitted
and approved as recommended by the Deputy Fire Marshal, on motion by Councilman
Pebley, seconded by Councilman Sneegas. MOTION CARRIED.
REQUEST - USE OF LA PALMA PARK, STADIUM, RECREATION HALL, CINCO DE MAYO FIESTA -
FREMONT PARENT ADVISORY COMMITTEE: On motion by Councilwoman Kaywood, seconded
by Councilman Thom, the City Council approved the request submitted by
Margarita L. Maes, Community Aide, on behalf of the Fremont Parent Advisory
Committee, Title I. for use of La Palma Park, Glover Stadium and the Recreation
Hall for a Cinco de Mayo fiesta with planned activities to include celebration
of a Catholic Mass, costume parade, sport exhibitions, game and food booths,
Mexican artifact and home-made article booths, musical and dancing
entertainment and an evening dance, subject to coordination with the Police
Department and Parks, Recreation and the Arts Department and that arrangements
be made for insurance to cover any liability that may result from sale of food
items, etc. MOTION CARRIED.
REQUEST - T L C PROJECT: Correspondence dated February 20, 1975 from Shirley A.
Cohen, Project Director, Project T L C, was submitted together with reports
from the City Attorney and Parks, Recreation and the Arts Director. The T L C
Project, which provides transportation, lunches, and counseling for senior
citizens requests the City's assistance in the following areas:
1. An escort driver for five hours a day.
2. A vehicle for those who are unable to use public transportation and who
could not attend without an escort.
3. $80 a month to move tables and clean the area used by T L C.
4. $7.50 a month for telephone expense.
Mayor Thom advised that he personally had visited the Anaheim T L C Center
at Saint Paul's Presbyterian Church, 2580 West Orange Avenue and can only add
to the accolades already given the project. He voiced the opinion that the
City should do anything it can to enhance or assist the project.
Mr. Murdoch reported on possible methods for implementation of the assistance
requested, i.e., C.E.T.A. VI Funds which might be used to provide an escort
driver; that there is a station wagon no longer assigned to one of the City
Departments which might be made available; regarding the request for assistance
in moving of tables and clean-up, the City could probably provide the manpower
rather than a dollar amount; and it may be possible to place their telephone
into the City's system. If this type of implementation program is agreeable to
the Council, a plan will be developed and submitted for final approval.
The Mayor recognized Shirley Cohen who advised Council that the program is
in its second year of operation and receives some funds from the State Office
on Aging. However the funds received for the second program year are totally
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City Hall, Anaheim, California - COUNCIL MINUTES - March 18, 19753, 1'30 P.M.
inadequate to keep the 11 sites in operation, and they were requested to close
4 sites as of February 1, 1975. Consequently, in order to keep the program
going at all locations, they have contacted the local governments and requested
that each city support the program to the extent possible. She noted that in
the past three weeks participation at the Anaheim site has increased considerably
and has reached the point where there are more people coming than there are
meals available, indicating a terrific need.
The Mayor asked if Mrs. Cohen was seeking, in addition to the requests
made in her letter of February 20, 1975, monetary subsidy for some additional
meals for senior citizens.
Mrs. Jackie Peacock, Project Coordinator at the Anaheim site, advised that
they currently are receiving funds for 70 lunches per day but that there are
more and more elderly people coming into the program. She advised that at the
facility being used she could seat 150 individuals and that the amount needed
is $1.10 per meal. She described the other aspects of the program including
the out -reach portion, arts and crafts classes and general social opportunities
which it offers the senior citizens. She indicated that there is an excellent
spirit of cooperation and sharing among the seniors who attend and that a very
warm family -type atmosphere prevails.
The Mayor requested that Mrs. Cohen and her staff compile an estimate of
the amount of additional meals in excess of 70 they feel could be served at the
Anaheim T L C Center and submit this to Council as a separate request.
Councilman Seymour stated that he felt a very important part of this pro-
gram is that it offers the elderly something which strikes at the heart of
their problem, i.e., someone to talk to and something in which to participate.
He inquired if the project center is keeping records of the numbers of meals
served and numbers of participants, to which Mrs. Peacock replied affirmatively
and also noted that she could use an additional aide to assist her in record
keeping.
Councilman Seymour advised that the City of Anaheim is becoming involved
for the first time in social services and that he feels strongly that it is
necessary that such statistics be available to demonstrate to the Anaheim
citizens the performance results of the program.
In reply to Councilwoman Kaywood's question, Mrs. Cohen advised that it is
possible to provide for this activity from Community Development Act Funds and
that other cities have used portions of their entitlement in this way.
Councilwoman Kaywood noted that she had attended T L C the day it opened to
welcome the participants.
On motion by Councilman Thom, seconded by Councilwoman Kaywood, the City
Council approved the concept of providing the assistance requested by the
T L C Program and instructed staff to develop the means of implementation.
MOTION CARRIED.
Councilman Seymour commented to Mr. Bill Erickson, Social Services ad hoc
Committee Member, who was present in the audience, that in his Committee's
deliberations they consider that the City's efforts could be much more effective
by working through people such as those involved in the T L C Program, i.e.,
those who have a viable, useful program already on-going, by offering support
to these rather than creating other programs which involve additional levels of
bureaucracy.
REQUEST - ANA-MODJESKA PLAYERS - INTEREST FREE LOAN TO REFURBISH "ANAHEIM CIVIC
THEATRE": Request of Thomas Barnes, President of Ana-Modjeska Players, to
negotiate an interest free loan from the City of Anaheim in the amount of
$5,000 to be repaid over a two-year period for the purpose renovation of the
former Zion Lutheran Church into a community theatre and further requesting
permission to purchase the 22 pews removed from said facility for $25 with the
understanding that these will be sold and proceeds therefrom allocated to
refurbishment of the theatre, was submitted.
Mr. Murdoch suggested that if Council agrees with the idea of the loan,
that this be implemented in the same fashion as the recreation building
construction in La Palma Park, i.e., the City provides the materials and/or the
labor for construction up to the amount requested and the organization repays
the City.
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City Hall, Anaheim, California - COUNCIL MINUTES - March 18, 1975, 1:30 P.M.
Mr. William Hopkins stated that the City Attorney's Office felt the direct
loan concept would be an improper use of City funds but agreed that the sugges-
tion that the City undertake the project and be subsequently reimbursed would
be suitable.
Councilman Seymour agreed with the concept of making the materials and/or
labor available to the Ana-Modjeska Players as suggested by Mr. Murdoch,
however, he felt this money for renovation should come from redevelopment
increment tax funds as the structure is located within Project Alpha.
By general consent, the City Council deferred decision on the request from
the Ana-Modjeska Players and instructed staff to prepare a method to implement
same to be presented for consideration by the Anaheim Redevelopment Agency.
Councilwoman Kaywood reported that she had attended the opening of the
Ana-Modjeska Player's production of "Carousel" and found the performance to be
outstanding and she felt that the former Zion Lutheran Church structure is
perfect for a community theatre.
EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 1111: Request of Nelda S.
Quarre', Secretary, Hartmann Corporation, for an extension of time to
Conditional Use Permit No. 1111, originally granted to permit the establishment
of a 50 -unit motel on ML zoned property located southeasterly of the southeast
corner of Katella Avenue and State College Boulevard, was submitted together
with reports from the Development Services Department and City Engineer
recommending that if Council determines a sixth extension of time for
Conditional Use Permit No. 1111 should be granted, that it be retroactive to
November 20, 1974 and expire November 20, 1975.
Councilwoman Kaywood noted from the staff report that street lighting and
tree fees have not been paid as yet despite the condition imposed. She further
noted that the fifth extension of time for this conditional use permit expired
on November 20, 1974. She inquired as to why the proposed development has not
yet taken place.
Mr. Quarre' stated that financing for motels has always been extremely
difficult to obtain and with the recent state of the economy, he has not been
able to obtain adequate financing.
Councilman Seymour disagreed with this statement.
In reply to Councilwoman Kaywood's concern that the street lighting and
tree fees were required to be paid six months after the original conditional
use permit was granted in 1969, Mr. Roberts advised that since the time that
condition was imposed, street lights are now required to be installed by the
developers and that he would be relatively certain that Development Services
Department would adhere to this policy when this applicant takes out a building
permit.
Councilman Seymour inquired whether the specific plans approved five years
ago would comply with today's standards, to which Mr. Roberts replied that
there have been no significant changes in the ML Zone and no change in parking
requirements for motels.
Mr. Murdoch pointed out that any Uniform Building Code changes would auto-
matically apply.
On motion by Councilman Pebley, seconded by Councilman Seymour, a one-year
extension of time was granted to Conditional Use Permit No. 1111, retroactive
to November 20, 1974 and expiring November 20, 1975. MOTION CARRIED.
REQUEST - RANCHO YORBA HOMEOWNERS ASSOCIATION - OWNERSHIP OF FIRE PROTECTION
SYSTEM (TRACT NOS. 7288 AND 7875): Request of Mr. Vernon L. Armstrong,
President, Rancho Yorba Homeowners Association dated February 13, 1975, that
the City of Anaheim take over ownership and maintenance of the separate water
system for fire protection installed in conjunction with Tract Nos. 7288 and
7875, was submitted for Council consideration.
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City Hall, Anaheim, California - COUNCIL MINUTES - March 18, 1975, 1:30 P.M.
On motion by Councilman Pebley, seconded by Councilman Sneegas, the
request that the City of Anaheim assume ownership and maintenance of the fire
protection system was denied as recommended by the Utilities Director and Water
Superintendent and further recommended that the Rancho Yorba Homeowners
Association enter into an agreement with the Anaheim Fire Department for
inspection of said fire protection system at no cost. MOTION CARRIED.
REQUEST - SPECIAL RECREATIONAL FACILITY (RECLASSIFICATION NO. 70-71-132 TRACT NO.
8783): On motion by Councilman Pebley, seconded by Councilman Sneegas, the
request submitted by VTN Consolidated, Inc., for approval of special
recreational facility on the Rancho Yorba development was continued to the
meeting of April 1, 1975. MOTION CARRIED.
DEFERRAL - AWARD OF CONTRACT, WORK ORDER NOS. 1254 AND 828: On motion by
Councilman Seymour, seconded by Councilman Sneegas, award of contracts
pertaining to Work Order No. 1254 (Fee Ana Street Sewer Improvement) and Work
Order No. 828 (Douglas Road Pump Station) were continued to the meeting of
March 25, 1975, as recommended by the City Engineer. MOTION CARRIED.
RESOLUTION NO. 75R-135 - AWARD OF CONTRACT, WORK ORDER NO. 743-A: In accordance
with recommendations of the City Engineer, Councilman Thom offered Resolution
No. 75R-135 for adoption.
Refer to Resolution Book.
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 EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING
ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT:
THE MODIFICATION OF EXISTING PEDESTRIAN SIGNAL INSTALLATIONS AT VARIOUS
LOCATIONS IN THE CITY OF ANAHEIM, WORK ORDER NO. 743-A. (Signal Maintenance,
Inc. - $14,931.69)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 75R-135 duly passed and adopted.
FINAL ELEVATIONS AND FLOOR PLANS9 TRACT NO. 7735 (RECLASSIFICATION NO.
71-72-30 (5): Final floor plans, elevations and sound attenuation measures for
Tentative Tract No. 7735 were submitted for Council approval in compliance with
conditions imposed upon approval of Reclassification No. 71-72-30 and Tentative
Tract Map No. 7735.
Revised staff report was submitted in which Development Services
Department recommends that should Council approve two-story homes adjacent to
the Riverside Freeway that the petitioner be required to stipulate to
utilization of the recommended sound buffering construction techniques as
presented by his acoustical engineer, Dr. Hilliard, Bio -Acoustical Engineering
Corporation, 1101 East Bryan Street, Suite F, Tustin, California, 92680.
Councilwoman Kaywood stated she would be extremely opposed to permitting
two-story homes adjacent to the freeway and she stressed that in the original
application the developer was notified that no two-story homes would be
approved adjacent to the Riverside Freeway.
During discussion of the proposal, Mr. Roberts outlined provisions from
the original acoustical report approved by the Council. He reported that
subsequent to that another acoustical engineering report was submitted which
suggests noise mitigation measures which will bring noise levels down to 65 dBA
in the rear yards and 45 dBA inside the homes with doors and windows closed.
Mr. James E. Chaffin, Classic Development Corporation, 12700 Knott Avenue,
Garden Grove, 92641, stated that his firm is not proposing to do anything less
stringent than other developers in the area. He noted that the Bio -Acoustical
75-246
City Hall, Anaheim, California - COUNCIL MINUTES - March 18, 1975, 1:30 P.M.
Engineers employed for the second report, whose recommendations they intend to
implement, have performed most of the work in this area and have come up with
independent recommendations which are consistent with what is being done
adjacent to freeways. He advised that in this particular tract only three
homes would abut the freeway. He advised that their sales force indicates
there is a tremendous demand for two-story homes even adjacent to the freeways
and that they cannot sell one-story homes. Consequently his firm is attempting
to satisfy the market demands.
On motion by Councilman Pebley, seconded by Councilman Sneegas, floor
plans and elevations for Tract No. 7735 were approved, subject to the
utilization of the following sound buffering construction techniques as
stipulated to by the petitioner:
1. A 6 -foot earthen berm and a 6 -foot cement block wall should be erected
parallel to the rear property line on Lot Nos. 28, 29 and 55.
2. The rear and side walls of the dwelling which are a minimum of 146'
feet from the centerline of the nearest lane of traffic should have R11
fiberglass insulation so as to completely fill the stud cavities.
3. Outside ceilings must be covered with R19 fiberglass insulation and
R11 for outside walls.
4. Outside vents from the bathroom would have a minimum of 5 feet of
flexible fiberglass ducting between the bathroom and outside opening.
5. First story windows facing the freeway should be double strength glass
and sliding doors should be 14 inch glass with air -tight polypropylene long -life
weather stripping.
6. The upper stories must use double -pane, double -strength glass in the
sliding glass doors and windows.
7. All dwellings south of Calle Granada are more than 250 feet from the
freeway and do not require special noise insulation beyond R19 batts in the
outside ceiling and Rll in the exterior side walls with the exception of the
two houses which side on Calle Granada which should have a minimum of double
strength glass in all windows.
8. The forced air unit must be equipped with a summer switch so that a
change of air can be obtained with the doors and windows closed.
9. Attic vents in the first row of dwellings must be baffled.
To this motion, Councilwoman Kaywood voted "no". MOTION CARRIED.
TRANSFER OF FUNDS FROM RENEWAL AND REPLACEMENT ACCOUNT - STUDIES FOR REPAIR TO
WALNUT CANYON RESERVOIR: On motion by Councilman Seymour, seconded by Councilman
Sneegas, the City Council authorized the transfer of $20,000 from the Reserve
Account for Renewals and Replacements for payment of investigative and
consulting costs for studies being conducted by Dames & Moore and J. Barry
Cooke in connection with repairs to the Walnut Canyon Reservoir, as recommended
by the Utilities Director. MOTION CARRIED.
ORDINANCE NO. 3404: Councilwoman Kaywood offered Ordinance No. 3404 for
adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32 OF THE
ANAHEIM MUNICIPAL CODE BY AMENDING SECTION 14.32.150, PARAGRAPH .010 RELATING
TO ONE-HOUR PARKING. (Harbor Boulevard west side from Broadway to Santa Ana
Street and from Water Street to 335 feet south of Water Street; and east side
from Chestnut Street to Santa Ana Street)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 3404 duly passed and adopted.
ORDINANCE NO. 3405:
Councilman Pebley offered Ordinance No. 3405 for adoption.
Refer to Ordinance Book.
75-247
City Hall, Anaheim, California - COUNCIL MINUTES - March 18, 19752 1.30 P.M.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING. (70-71-49 (2) - RS -5000)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 3405 duly passed and adopted.
ORDINANCE NO. 3406: Councilwoman Kaywood offered Ordinance No. 3406 for
adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION 18.06.060 AND AMENDING
THE ANAHEIM MUNICIPAL CODE BY ADDING A NEW SECTION 18.06.060 RELATING TO
ZONING. (Minimum number and type of parking spaces)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 3406 duly passed.and adopted.
ORDINANCE NO. 3407: Councilman Seymour offered Ordinance No. 3407 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 7, CHAPTER 7.32, SECTION
7.32.010 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO SOLICITING OR CONDUCTING
ACTIVITIES TO RAISE FUNDS FOR CHARITIES.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 3407 duly passed and adopted.
ORDINANCE NO. 3408: Councilwoman Kaywood offered Ordinance No. 3408 for
adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING. (61-62-69 (70) - ML)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 3408 duly passed and adopted.
ORDINANCE NO. 3409: Councilman Sneegas offered Ordinance No. 3409 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL.
CODE RELATING TO ZONING. (66-67-64 (10) - ML)
Roll Call Vote:
75-248
City Hall, Anaheim, California - COUNCIL MINUTES - March 18, 19759 1:30 P.M.
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 3409 duly passed and adopted.
ORDINANCE NO. 3410: Councilman Thom offered Ordinance No. 3410 for adoption.
Refer to Ordinance Book,
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING. (70-71-24 - RM -1200)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 3410 duly passed and adopted.
CONSENT CALENDAR: On motion by Councilman Seymour, seconded by Councilman
Pebley, 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. AMUSEMENT DEVICES PERMIT: Permit for three flim-flam cocktail tables to be
located at the Anaheim Hyatt House, 1700 South Harbor Boulevard (Stanley J.
Giles, Jr., Applicant) was granted subject to the recommendations of the Chief
of Police.
2. CORRESPONDENCE: The following correspondence was ordered
received and filed:
a. City of Irvine - Resolution No. 388 - Opposing the Federal Highway
Administration and Urban Mass Transportation Administration (FHWA/UMTA) draft
guidelines for a Transportation Development Program (TDP) and urging FHWA/UMTA
to work with the individual urbanized areas to develop a program applicable to
that particular area.
b. City of Alhambra - Resolution No. R75-25 - Opposing Senate Bill 275
pertaining to employer-employee relations.
c. City of Seal Beach - Resolution No. 2407 - Expressing its opposition
to Senate Bill 2753, the "Collective Bargaining Act for Public Employment".
d. City of Seal Beach - Resolution No. 2408 - Opposing Transformation of
the Southern California Association of Governments (SCAG) into a Statutory
Agency.
e. City of Costa Mesa - Resolution No. 75-20 - Expressing its opposition
to Senate Bill 275, the "Collective Bargaining Act for Public Employment".
f. City of Newport Beach - Supporting Senate Bill 368.
g. City of Newport Beach - Resolution No. 8447, Opposing legislation
which would create the Southern California Association of Governments by
statute and mandate its membership.
h. City of Garden Grove - Resolution No. 4725-75 - Expressing its opposi-
tion to Senate Bill 275, the "Collective Bargaining Act for Public Employment".
i. City of Victorville - Resolution No. 75-7 - Opposing the passage of
Senate Bill 275.
j. Before the Public Utilities Commission - Notice of Hearing -
Application of Southern California Gas Company for a general increase in its
gas rates.
k. Financial and Operating Reports for the month of February, 1975 for
the Building Division.
MOTION CARRIED.
APPLICATION FOR LEAVE TO PRESENT LATE CLAIM: Application for leave to present
late claim on behalf of Herb Goffstein, submitted by John W. McOwen, Attorney,
was denied, on motion by Councilman Sneegas, seconded by Councilman Pebley.
MOTION CARRIED.
75-249
City Hall, Anaheim, California - COUNCIL MINUTES - March 18, 1975, 1.30 P.M.
CLAIMS AGAINST THE CITY: The following claims were denied as recommended by the
City Attorney and ordered referred to the insurance carrier, on motion by
Councilman Sneegas, seconded by Councilman Pebley:
a. Claim submitted by Nelco Products Company, Division of Park
Electrochemical Corporation for damages sustained to merchandise and personal
property purportedly as a result of flooding, on or about December 4, 1974.
b. Claim submitted b Hubert Roark for injuries, � general damages, and
loss sustained purportedly as a result of maintenance of premises, Anaheim
Lake, on or about January 23, 1975.
c. Claim submitted by Patrick Walters for damage sustained to vehicle,
purportedly as a result of road condition, on or about February 18, 1975.
d. Claim submitted by Joseph Caton for damage sustained to vehicle,
purportedly as a result of its being hit by golf ball from Anaheim Municipal
Golf Course, on or about February 23, 1975.
e. Claim submitted by Philip L. Adams for damage sustained to door,
purportedly as a result of actions of Anaheim Police Officers, on or about
March 1, 1975.
f. Claim submitted by Donnie A. Moore for loss purportedly sustained as a
result of actions of Anaheim Police Department, on or about March 2, 1975.
MOTION CARRIED.
CORRESPONDENCE - APPLICATION OF PACIFIC TELEPHONE AND TELEGRAPH COMPANY REVISED
TARIFF FOR SG -1 PRIVATE BRANCH EXCHANGE SERVICE: (Removed from Consent Calendar
for discussion) Councilwoman Kaywood noted that the correspondence received
indicating that an application is before the Public Utilities Commission to
revise the tariff for SG -1 private branch exchange service, Pacific Telephone
and Telegraph Company may have some effect on the recent Arthur Young & Company
recommendation in connection with the City's communication system and she
wishes to draw staff's attention to this fact for investigation.
On motion by Councilwoman Kaywood, seconded by Councilman Thom, the above
noted correspondence was ordered received and filed. MOTION CARRIED.
RESOLUTION NOS.
75R-136 AND 75R-137: Councilwoman Kaywood
Nos. 75R-136 and 75R-137 for adoption in accordance with
recommendations and certification furnished each Council
on the Consent Calendar Agenda.
Refer to Resolution Book.
offered Resolution
the reports,
Member and as listed
RESOLUTION NO. 136: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (David A. Whitehead,
et al.; Jed Development, Inc.; Leslie R. & Pegg A. Kloppenburg; Alfred A. Holve
& Sons, Inc.; Jefferson Investment Affiliates, et al; Marguerite E. Smith;
Dorothy L. Kerby; Katherine Haase; Alfreds & Julija Arbeiters; Robert E. Inge,
et al.; Alice S. Wheeler; Ernest & Margarita O'Campo; Lola R. Pourchot;
Lucille Carmelo)
RESOLUTION NO. 75R-137 - WORK ORDER NO. 1008: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF
ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND
TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK
NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: FIRE
STATION NO. 9, 6180 NOHL RANCH ROAD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1008.
(Bailey Construction Company, Inc.)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 75R-136 and 75R-137 duly passed and
adopted.
75-250
City Hall, Anaheim, California - COUNCIL MINUTES - March 18, 19759 1:30 P.M.
OFFICE OF CONSUMER AFFAIRS - SATELLITE FACILITY: Councilwoman Kaywood reported
on the comments made by the Director of Consumer Affairs for Orange County,
Mr. M. S. (Jim) Shimanoff, at a recent California League of Cities meeting
during which talk he offered to establish a County satellite office for
consumer affairs if the participating city will supply a desk, chair, and
telephone. Councilwoman Kaywood suggested that perhaps the newly established
Social Services Center would be a good area to provide this worthwhile service
for the citizens of Anaheim.
Councilwoman Kaywood thereupon moved that the Council authorize a request
be forwarded to Mr. Shimanoff, Director, Office of Consumer Affairs, County of
Orange for establishment of a consumer affairs satellite service in the City of
Anaheim, and that staff be requested to investigate the procedures and
facilities needed to provide this service. Councilman Seymour seconded the
motion. MOTION CARRIED.
CIVIC CENTER TASK FORCE - REQUEST FOR INPUT: Councilman Seymour advised that the
newly appointed, restructured Civic Center Task Force has requested that he
introduce and discuss with Council the following:
1. Does the Council feel that the Task Force should pursue a new Civic
Center.
2. Does the Council feel that this project should be a ballot question.
3. If placed on the ballot, is the City Council individually and collec
tively prepared to generate the necessary support.
Brief polling of the Council and discussion indicated the consensus of
Council opinion being, in view of the failure of the bond issue for a Civic
Center in November, 1974, that any such proposal would definitely have to be
placed on a ballot for the electorate to determine.
ADJOURNMENT: Councilman Sneegas moved to adjourn. Councilman Pebley seconded
the motion. MOTION CARRIED.
Adjourned:
Signed
5:50 P.M.
City Cle