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1973/06/26City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1973, 1:30 P.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton COUNCILMEN: None CITY MANAGER: Keith A. Murdoch ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Daoust FINANCE DIRECTOR: M. R. Ringer CITY ENGINEER: James ?. Maddox ZONING SUPERVISOR: Charles Roberts PLANNING SUPERVISOR: Don McDaniel ZONING REPRESENTATIVE: Ralph Compton Mayor Dutton called the meeting to order. FLAG SALUTE: Councilman Ralph G. Sneegas led the Assembly in the Pledge of Allegiance to the Flag. MINUTES: Minutes of the Anaheim City Council Regular Meeting held May 29, 1973, were approved on motion by Councilman Thom, seconded by Councilman Pebley. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen unless, after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman ?ebley seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $1,461,773.98, in accordance with the 1972-73 Budget, were approved. 73-485 City Hall5 Anaheim~ California - COUNCIL MINUTES June 26, 1973, 1:30 P.M. PUBLIC HEARING - ABANDONMENT NO. 72-11A: In accordance with application filed by Anaheim Memorial Hospital, public hearing was held on proposed abandonment of Lombard Drive and a portion of Hermosa Drive located north of La Palma Avenue, just west of West Street, pursuant to Resolution No. 73R-208, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer was submitted recommending approval of said abandonment subject to the following conditions: 1. That Reclassifiction No. 72-73-34 and Conditional Use Permit No. 1375 be approved by the Anaheim City Council and all conditions be complied with. 2. The dedication of the cul-de-sac proposed at the terminus of Hermosa Drive be made concurrently with the approval of abandonment, and the applicant will submit standard street improvement plans to the City Engineer for approval. 3. A bond be posted to cover the installation of new street improve- ments required at the cul-de-sac proposed, the relocation, remodeling and/or revision to existing utilities, including sanitary sewer line and installation of new manholes as required by the City Engineer. 4. The Southern California Gas Company requests a public utility ease- ment be reserved over, under and across all of Hermosa Drive and Lombard Drive to cover existing facilities, and also the Utility Department of the City of Anaheim requests a public utility easement be reserved over, under and across the northerly 6 feet of Lombard Drive. Mayor Dutton asked if anyone wished to address the Council; there being no response, declared the hearing closed. RESOLUTION NO. 73R-239: Councilman Stephenson offered Resolution No. 73R-239 for adoption approving Abandonment No. 72-11A, as recommended by the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF CERTAIN REAL PROPERTY DESCRIBED HEREIN AND RESERVING THEREFROM CERTAIN EASEMENTS FOR PUBLIC UTILITY PURPOSES. (No. 72-11A) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-239 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 72-73-43~ VARIANCE NO. 2501 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application of Peter and Dorine Cabrera requesting a change in zone from R-A to C-1 and the following Code waivers to convert an existing single-family residence to a commercial office use on property located at the southeast corner of La Palma Avenue and Anna Drive was submitted together with application for Exemption Declaration Status: a. Required tree screen. b. Maximum building height within 150 feet of a residential zone boundary. c. Required 6-foot solid masonry wall abutting a residential zone. The City Planning Commission pursuant to Resolution No. PC73-95, recommended disapproval of Reclassification No. 72-73-43 and pursuant to Resolu- tion No. PC73-96, denied Variance No. 2501; both resolutions recommended that no environmental impact report be required. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Stephenson, seconded by Councilman Sneegas, it was the finding of the City Council that the impact of said project would be trivial in nature and that no environmental im- pact report or statement is required. MOTION CARRIED. 73-48c City Hall~ Anaheim~ California - COUNCIL MINUTES - June 26, 1973~ 1:30 p.~. Mr. Roberts briefed the location of subject property, surrounding land uses and zoning and reported that the three waivers from site development stan- dards regarding building height, tree screen and six-foot solid masonry wall abutting residential zone apply to the parcel to the east of subject property which is zoned R-A but is however developed with a church. The remainder of the surrounding property is developed with either apartment or commercial uses. In regard to the masonry wall requirement, he advised that there is an existing six- foot wooden fence which the Applicant wishes to retain. Mr. Roberts advised that the plans submitted by the Applicant indicate the structure to be converted to business uses to be 2,380 square feet, and that parking is to be provided primarily to the rear with access and circulation pro- vided by one 20-foot driveway on Anna Drive and two existing driveways on La Palma Avenue. The plans indicate that the existing landscaping to the front and rear will be retained as much as possible. He advised that the Sanitation Division has reviewed the plans and expressed concern about the adequacy of access to the driveways for trash pick-up. Mr. Roberts reported that the Planning Commission recommended disapproval of the reclassification to C-1 zoning and denied the variance primarily on the basis that there is already ample commercial facilities readily available elsewhere and that since the home occupaction is proposed to be expanded it should be moved rather than to create spot zoning which they feel this would constitute, and which would dilute the commercial uses already existing directly to the north. Councilman Dutton inquired as to why C-1 zoning was requested rather than C-O when the proposed use is for office space. Mr. Roberts answered the Petitioner's request was for c-1 because there are additional uses under C-1 which they might desire to implement on subject pro- perty. The Mayor asked if the Applicant or his Agent wished to address the Council. Mr. Ronald Bevins, Attorney, 136 West Whiting, Fullerton, representing the property owners advised that the present use of the property is as a residence, and Mrs. Cabrera has a permitted home occupation which she operates out of one of the rooms. In conjunction with her real estate business, she is also engaged in a restricted commercial enterprise, that of carpeting sales. If the reclassifi- cation and variance are granted, the Petitioner proposes to convert the structure completely to commercial uses and wishes to display a sign so that she could com- pete with other real estate companies. Further Mr. Bevins noted that the home is not desirable for a single-family residence because of the heavy traffic on La Palma Avenue and the fact that the house is situated 13 to 15 feet from the right-of-way line. The structure itself being a substantial older home would be more logical to convert than to demolish. In further support of this petition, Mr. Bevins cited the fact that there is no opposition to the proposal from any of the property owners in the vicinity. Noting the surrounding medical, apartment and commercial development, he stated it would appear that the requested C-1 zoning would be compatible with the area. Mr. Bevins used the zoning map to demonstrate that there is no residen- tial use on the south side of La Palma Avenue from Anna Drive to State College Boulevard and therefore the requested C-1 Zone would not constitute spot zoning. Mr. Bevins indicated that the Applicant is agreeable to stipulate to all conditions suggested by the Interdepartmental Committee. Regarding the Code waivers requested, he stated that the basis for the waiver from the required solid masonry wall is economics, in that a chain link and wooden fence exists on this boundary which the Applicant proposes to retain. The tree screening and height limitation waivers are logical in that the property which these would pro- tect is actually a church parking lot. In conclusion, Mr. Bevins ~ubmitted groups of pictures of the area, sub- ject structure, the shopping center, medical buildings and adjacent parking lot as well as photographs of residences converted to office uses. (These were reviewed by Council and returned to Mr. Bevins.) 73-487 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 26; 1973~ 1:30 P.M. Mr. Bevins advised that the Applicant has applied for the C-1 Zone primarily because there was some question as to whether the carpeting sales would be permitted in the C-O Zone and further because there are more uses per- mitted under aC-1 Zone for potential tenants. He noted that the existing struc- ture would,to some extent,dictate its utilization and stated that it certainly could not be converted to a heavy C~I use such as a grocery store. Councilman Thom asked if it was Mrs. Cabrera's intent to expand her current retail carpet sale operation or whether it would remain as an ancillary service to the real estate business, and further whether she intended to expand into sales of larger home appliances, etc. Mrs. Cabrera answered that she proposes to create a display room with carpet samples in conjunction with the real estate business and also to sell draperies but she doubted she would keep any stock at this location, and she would not engage in sales of appliances and the like. Mr. Bevins added that she does intend to rent space in the structure to other compatible commercial uses. The Mayor asked if anyone in favor or opposition wished to address the Council; there being no response, declared the hearing closed. RESOLUTION NO. 73R-240: Councilman Pebley noting that the Applicant is request- ing a type of use which is already existent in the immediate area offered Resol- ution No. 73R-240 for adoption, authorizing the preparation of the necessary ordinance, changing the zone as requested, subject to the following conditions recommended by the Interdepartmental Committee: 1. That the owners of subject property shall pay to the City of Anaheim the sum of 60 cents per front foot along La Palma Avenue and Anna Drive for tree planting purposes. 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 commence- ment of structural framing. 4. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 5. That the existing structure shall be brought up to the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim, prior to commencement of any commercial use of the structure. 6. That the final parking plan shall be approved by the Development Services Department, and any landscaped areas in the parking area shall be pro- tected with 6-inch high, concrete curbs, and concrete wheel stops shall be pro- vided for parking spaces as required. 7. That the driveway onto Anna Drive shall be removed and/or recon- structed to a minimum width of 20 feet in conformance with standard plans and specifications on file in the office of the City Engineer. 8. Prior to the introduction of an ordinance rezoning subject pro- perty, Condition No. 1, above mentioned shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof or such further time as the City Council may grant. 9. That Condition Nos. 2, 4, 6, and 7, above mentioned, shall be complied with prior to final building and zoning inspections. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (72-73-43 - C-I) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: The Mayor declared Resolution No. 73R-240 duly passed and adopted. Stephenson, Sneegas, Pebley, Thom and Dutton None None 73 '48~ City Hallt Anaheim~ California - COUNCIL MINUTES - June 26~ 1973t 1:30 P.~. RESOLUTION NO. 73R-241: Councilman Pebley offered Resolution No. 73R-241 for adoption, granting Variance No. 2501 subject to the following conditions recom- mended by the Interdepartmental Committee: 1. That this Variance is granted subject to the completion of Reclass- ification No. 72-73-43, now pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos 1 and 2. . Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2501. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-241 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 72-73-44 CONDITIONAL USE PERMIT NO. 1393 AND EN~~E---~-~ ~p~ REPORT EXEMPT~-~ STATUS: Application by Lela Neff requesting a change in zone from R-A to C-1 to establish an animal hospital on the west side of Brookhurst Street, south of Ball Road, was submitted together with application for Exemption Declaration Status. The City Planning Commission pursuant to Resolution No. PC73-97, recom- mended that no environmental impact report be required and that Reclassification No. 72-73-44 be approved, subject to the following conditions: 1. That the sidewalks and driveways shall be installed along Brookhurst 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 street lighting facilities along Brookhurst Street 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 cents per front foot along Brookhurst Street for tree plant- ing purposes. 4. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 5. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commence- ment of structural framing. 6. That a six-foot masonry wall shall be constructed along the west property line. 7. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 8. That any parking area lighting proposed shall be dow-n-lighting of~ a maximum height of six feet, which lighting shall be directed away from the pro- perty lines to protect the residential integrity of the area. 9. That subject property shall be served by underground utilities. 10. That the final parking plan shall be approved by the Development Services Department, and any landscaped areas in the parking area shall be pro- tected with six-inch high concrete curbs, and concrete wheel stops shall be pro- vided for parking spaces. 11. That drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. 12. That 15-gallon trees planted on 20-foot centers with appropriate irrigation facilities shall be installed and maintained along the west property line. 13. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 2 and 3, above mentioned, shall be completed. The provisions or 73-489 City Hall, Anaheim~ California - COUNCIL MINUTES - June 26~ 19~3~ 1:30 P.M. 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. 1, 4, 6, 7, 8, 9, 10, 11, and 12, above men- tioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission pursuant to Resolution No. PC73-98 recommended that no environmental impact report be required and granted Condi- tional Use Permit No. 1393, subject to the following conditions: 1. That this Conditional Use Permit is granted subject to the com- pletion of Reclassification No. 72-73-44, now pending. 2. That appropriate water assessment fees as determined by the Dir- ector of Public Utilities shall be paid to the City of Anaheim prior to the issuance of a building permit. 3. That subject property shall be developed substantially in accor- dance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, 3, and 4, provided, however, that 15-gallon trees planted on 20-foot centers, with appropriate irrigation facilities, shall be installed and maintained along the west property line prior to final building and zoning inspections. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Stephenson, seconded by Councilman Pebley, it was the finding of the City Council that the impact of said project would be trivial in nature and that no environmental im- pact report or statement is required. MOTION CARRIED. Zoning Supervisor Roberts briefed the location of subject property, surrounding land uses and zoning, noting that the property to the south and north of this parcel is already zoned C-1. The Applicant intends to develop a small animal hospital on the southerly portion of the property and to reserve the nor- therly portion for some other commercial development at a later date. The parking indicated complies with C-1 standards. Of concern prior to the Planning Commission hearing was the large landscaped area planned for the south- west corner of the property, and whether this was intended for use as an exercise area which might create problems for the neighbors. The Agent at that time stated that this was not planned to be used as anything but an additional land- scaped buffer for the property to the west. The Mayor asked if the Applicant or his Agent were present and satis- fied with the recommendations of the City Planning Commission. Mr. Gerald Mellott, 2150 East Cerritos, replied that they were satis- fied with the conditions imposed. The Mayor asked if anyone either in favor or opposition wished to address the Council. Mrs. Sharon De Vee, 10132 Hearth Avenue, stated that she thought her property abuts the subject parcel on the west and would be concerned if an animal hospital were developed at that location because of the possible attendant noise and odor. She advised that she uses her rear yard frequently since they have a swimming pool and that there is a vacant lot behind her on which she thought this construction was proposed. At Council's request, Mr. Roberts located Mrs. De Vee's property on the zoning map and informed her that her property is located just north of the proposed animal hospital site. He further advised that the plans which have been submitted indicate that no outside dog runs are planned and that there would be no kennel activities in connection with the veterinary hospital. Councilman Thom asked that the Zoning Supervisor supply Mrs. De Vee with a copy of the conditions recommended to be imposed on the development of the animal hospital. Mr. Roberts called attention to the fact that the petitioner would be required by these conditions to erect a six-foot masonry block wall and supply tree screen landscaping as well to separate the R-1 gone. 73-490 ~.it~ Hall, Anaheim~ California - COUNCIL MINUTES - June 26~ 1973~ 1:30 P.M. The Mayor asked if anyone else in favor or opposition wished to address the City Council; there being no response, declared the hearing closed. RESOLUTION NO. 73R-242: Councilman Sneegas offered Resolution No. 73R-242 for adopting, 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 DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED (72-73-44 - C-l) ' Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-242 duly passed and adopted. RESOLUTION NO. 73R-243: Councilman Sneegas offered Resolution No. 73R-243 for adoption, granting Conditional Use Permit No. 1393, 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 GRANTING CONDITIONAL USE PERMIT NO. 1393. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-243 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 72-73-47 AND ENVIRONMENTAL IMPACT STA'£~EMENT (MOHLER DRIVE ANNEXATION AREA): Petition initiated by the City Planning Commission for a change in zone from (Portion No. A) County of Orange 80-AR-10,O00, 75-R1-8000, 100-Ci-10,000 and 100-E4-20,000 districts; (Portion No. B) County of Orange 100- Ci-10,000 and CH35; (Portion No. C) County of Orange 80-AR-10,000, 100-E4-20,000; (Portion No. D) County of Orange 80-AR-10,000, 100-E4-15,000 and 100-E4-20,000 districts to the City of Anaheim R-A Zone, for the area known as the "Mohler Drive Annexation" lying between Anaheim Hills Road on the west, Canyon Rim Road,in the Anaheim Hills planned community on the south, Mohler Drive on the east and Santa Ana Canyon Road on the north, was submitted together with environmental impact report regarding the entire 520 acre Mohler Drive Annexation area zoning. The City Planning Commission pursuant to Resolution No. PC73-105, recom- mended said reclassification be approved and that the environmental impact report be adopted as Council's statement. ENVIRONMENTAL IMPACT STATEMENT: On motion by Councilman Dutton, seconded by Councilman Sneegas~ the City Council accepted the environmental impact report pre- pared in connection with the 520 acre Mohler Drive Annexation area zoning, together with Committee Analysis thereof, and recommendation of the City Planning Commis- sion and adopted same as the Statement of the Council. MOTION CARRIED. Mr. Don McDaniel, Planning Supervisor, advised that the purpose of the petition initiated by the Planning Commission under Reclassification No. 72-73-47 is to place the entire area known as the Mohler Drive Annexation into the City of Anaheim R-A Zone and further proposed to adopted resolutions of intent to rezone individual portions of this area pursuant to reclassification petitions 72-73-48 through 72-73-51 since this technique for zoning large parcels of land has proven to be efficient and economical for both the City and the individual property 73-491 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 26? 1973~ 1:30 P.M. owners. He advised that final zoning will be subject to completion of reclass- ification conditions by the individual property owners. .With the aid of a map, designating each of the portions, A, B, C and D, by various colors, Mr. McDaniel pointed out the location of the four por- tions under consideration and described these as follows: Portion No. A (72-73-48) 31 acres of property proposed for R-1 zoning. Portion No. B (72-73-49) 8 acres proposed for C-1 zoning. Portion No. C (72-73-50) 35 acres proposed for R-H-IO,O00 zoning. Portion No. D (72-73-51) 437 acres proposed for R-H-22,000 zoning. Mr. McDaniel advised that at the Planning Commission hearing, 15 acres originally included in Portion No. C was recommended for inclusion in Portion No. D, thereby reducing the area in C from 50 to 35 acres and bring the area in Portion No. D up to 437 acres. The 15 acre parcel was indicated on the map. The Mayor asked if anyone wished to address the Council regarding Reclassification No. 72-73-47, p~acing an R-A Zone over the entire Mohler Drive Annexation area (Portion Nos. A, B, C and D)~ Mr. James G. Stroop, 4127 Weik Avenue, Bell, California, advised that he is a property owner in the area affected by this proposed zoning action and inquired whether the placement of the property into the City of Anaheim zones would have any effect on drainage requirements. The Mayor replied that a recou~endation from the City Engineer relative to drainage requirements will be presented in conjunction with Reclassification Nos.72-73-48 through 72-73-51. The Mayor asked if anyone else either in favor or opposition to the proposed zoning of the Mohler Drive Annexation area to R-A wished to address Council; there being no response, declared the hearing closed. RESOLUTION NO. 73R-244: Councilman Sneegas offered Resolution No. 73R-244 for adoption, authorizing the preparation of the necessary ordinance, changing the zone as reconmmnded by the City Planning Commission, unconditionally. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MIINICIPAL CODE RELATING TO ZONING SHOULD BE AHENDI~D AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (72-73-~7 - R-A) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-244 duly passed and adopted. ORDINANCE NO. 3178: Councilman Pebley offered Ordinance No. 3178 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-47 - R-A) PUBLIC HEARING - RECLASSIFICATION NO. 72-73-48: Initiated by the City Planning Com- mission for a change in ~o~l~ from R-A to R-1 (Portion No. A) located on the south side of Santa Aha Canyon Road, east of Anaheim Hills Road. The City Planning Commission pursuant to R~solution No. PC73-106, recon~nended adoption of the environmental impact report prepared in conjunction with the Mohler Drive Annexation zoning and approval of Reclassification No. 72-73-48 subject to the following conditions: 73-492 ~it~ Hall, Anaheim~ California - COUNCIL MINUTES - June 26, 1973, 1:30 P.M. 1. That a preliminary title report shall be furnished prior to the adoption of the ordinance rezoning the property, showing legal vesting of title, legal description, and containing a map of the property. 2. That dedication shall be made to the City of Anaheim of all streets within the area, according to the Circulation Element of the General Plan Highway Rights-of-Way, prior to the adoption of the ordinances rezoning the property. 3. That all engineering requirements of the City of Anaheim 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, at the time the property is developed. 4. That the owner(s) of subject property shall install street lighting on all streets within the area as required by the Director of Public Utilities at the time the property is developed. 5. That electrical utilities shall be placed underground and dedicated to the City of Anaheim in accordance with the requirements of the Director of Public Utilities. 6. That drainage of said property shall be disposed of in a manner sat- isfactory to the City Engineer. If, in the preparation of the site, sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between November 1st and April 15th unless all required off-site drain- age facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to November 1st. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation pro- ceedings therefor (the costs of which shall be borne by the developer) prior to commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry run-off waters originating from higher pro- perties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be com- pleted and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal pyior to the issuance of any final building inspections or occupancy permits. The City shall not accept any portion of such drainage facilities until the entire facility through the subject property and to the point of ultimate disposal is completed and operative. The developer shall maintain such facilities for a period of two years following installation and shall post a faithful performance bond in a sufficient amount to guarantee such maintenance. Drainage district reimbursement agreements may be made available to the 8evelopers of sai~ property upon their request. 7. That ordinances reclassifying the property shall be adopted as each parcel is ready to comply with conditions pertaining to such parcel provided, how- ever, that the word "parcel" shall mean presently existing parcels of record and any parcel or parcels approved by the City Council for a lot split. 8. That prior to the adoption of an ordinance reclassifying the property or prior to approval of the final tract map, whichever occurs last, floor plans and elevations for the proposed houses shall be submitted to and approved by the Planning Commission and the City Council. ENVIRONMENTAL IMPACT STATEMENT: Reclassification No. 72-73-48 refers to a portion of the area covered in the environmental impact report regarding the Mohler Drive Annexation area previously adopted as Statement by the Council. The City Clerk submitted a report dated June 25, ]973 from the City Engineer regarding drainage requirements for Reclassification Nos. 72-73-48, 72-73-49, 72-73-50 and 72-73-51. The Mayor asked if anyone wished to address the Council regarding the proposed reclassification; there being no response~ declared the hearing closed. DRAINAGE DISTRICTS: Councilman Thom offezed a resolution approving Reclassifica- tion No. 72-73-48 as recommended by the City Planning Commission and further sub- jcct to the recommendations of the City Engineer per his report dated June 25, 1971~. Councilman Thom thereupon noted that the memorandum referred to from the Cit~ Engineer would require Council action to determine policy regarding drainage as~es~ent districts prior to incorporating into the resolution. Mr. Maddox reported that he could not at this point recommend any partic- ~thod for financing the drainage improvements required in the Mohler Drive 73-493 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 26, 1973, 1:30 P.M. Annexation area and advised that any recommendation would be contingent upon whether or not current plans for storm drains are implemented by developers. He stated he was hopeful a recommendation could be prepared within the next few weeks.. Mr. Maddox recommended that the revised Hillside Development Drain- age Requirement (adopted as an interim measure on May 22, 1973) be imposed upon the approval of Reclassification Nos. 72-73-48 through 72-73-51 inclusive, in substitution for Condition No. 6 recommended by the City Planning Commission and thereupon outlined the differences between these two conditions. Councilman Thom reoffered said resolution with the revised Hillside Development Drainage Requirement replacing recommended Condition No. 6, as recommended. Zoning Supervisor Roberts related that the effect of making these reclassifications subject to the revised Hillside Development Drainage Condition would be that certain individual property owners in the Mohler Drive Annexation area who have legal lots and wish a building permit would have the responsibility of putting in the drainage facility to the ultimate point of disposal, noting that this is a heavy financial burden for the smaller land owner. Councilman Thom stated that the drainage solution is a critical and integral segment of the zoning action, and that perhaps the entire matter of adopting resolutions of intent should be held over until the drainage policy is established. He thereupon withdrew resolution approving Reclassification No. 72-73-48. Mr. Roberts suggested that Condition No. 6 as imposed by the City Planning Commission be retained and that the resolutions amended, once the drain- age policy question is settled, to reflect the adopted policy. Councilman Pebley was of the opinion that due to the fact that the public hearings were scheduled this date, and many of the property owners were present, that these rezoning actions should be considered as scheduled. Further, he stated that he felt the imposition of the revised Hillside Development Drain- age Condition (No. 45) in substitution for Condition No. 6 on each of the re- classifications would serve to resolve the drainage problem for the interim per- iod because this condition would preclude development. The City Engineer added that to his knowledge no development will be permitted in this area until the new water lines are in place and it is estimated by the Water Superintendent that it will take five or six months for this in- stallation as the project necessitates running a water line along the Santa Ana Canyon Road to the Mohler Drive area. He thereupon recommended that the resol- utions of intent be adopted subject to the most recent revised Hillside Develop- ment Drainage Requirement in place of Condition No. 6, and then, if necessary, these resolutions can be amended to reflect the drainage policy once it is fin- ally established. RESOLUTION NO. 73R-245: Councilman Thom offered Resolution No. 73R-245 for adoption, authorizing the preparation of the necessary ordinance, changing the zone subject to the conditions recommended by the City Planning Commission, de- leting Condition No. 6 as set forth by the City Planning Commission and in its place substituting the revised Hillside Development Drainage Condition. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (72-73-48 - R-l) Roll Call Vote: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 73R-245 duly passed and adopted. 73-494 City Hall, Anaheim, California COUNCIL MINUTES - June 26~ 1973~ 1:30 P.M. PUBLIC HEARING - RECLASSIFICATION NO. 72-73-49: Initiated by the City Planning Com- mission for a change in zone from R-A to C-1 (Portion No. B) on the south side of Santa Ana Canyon Road, east of Anaheim Hills Road. The City Planning Commission pursuant to Resolution No. PC73-107, recommended adoption of the E.I.R. prepared in conjunction with the Mohler Drive Annexation zoning and approval of Reclassification No. 72-73-49, subject to the following conditions: 1. That a preliminary title report shall be furnished prior to the adoption of the ordinance rezoning the property, showing legal vesting of title, legal description, and containing a map of the property. 2. That dedication shall be made to the City of Anaheim of all streets within the area, according to the Circulation Element of the General Plan Highway Rights-of-Way, prior to the adoption of the ordinances rezoning the property. 3. That all engineering requirements of the City of Anaheim 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, at the time the property is developed. 4. That the owner(s) of subject property shall install street lighting on all streets within the area as required by the Director of Public Utilities at the time the property is developed. 5. That electrical utilities shall be placed underground and dedicated to the City of Anaheim in accordance with the requirements of the Director of Public Utilities. 6. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between November 1st and April 15th unless all required off-site drain- age facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to November 1st. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation pro- ceedings therefor (the costs of which shall be borne by the developer) prior to commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher pro- perties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be com- pleted and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. The City shall not accept any portion of such drainage facilities until the entire facility through the subject property and to the point of ultimate disposal is completed and operative. The developer shall maintain such facilities for a period of two years following in- stallation and shall post a faithful performance bond in a sufficient amount to guarantee such maintenance. Drainage district reimbursement agreements may be made available to the developer of said property upon their request. 7. That ordinances reclassifying the property shall be adopted as each parcel is ready to comply with conditions pertaining to such parcel provided, how- ever, that the word "parcel" shall mean presently existing parcels of record and any parcel or parcels approved by the City Council for a lot split. ENVIRONMENTAL IMPACT STATEMENT: Reclassification No. 72-73-49 refers to a portion of the area covered in the environmental impact report regarding the Mohler Drive Annexation area previously adopted as Statement by the Council. The Mayor asked if anyone wished to address the Council regarding the proposed Reclassification No. 72-73-49; there being no response, declared the hearing closed. RESOLUTION NO. 73R-246: Councilman Pebley offered Resolution No. 73R-246 for adoption, authorizing the preparation of the necessary ordinance, changing the zone, subject to the conditions recommended by the City Planning Commission, de- leting Condition No. 6 as set forth by the City Planning Commission and in its place substituting the revised Hillside Development Drainage Condition. Refer to Resolution Book. 73-495 9ity Hall~ Anaheim~ California COUNCIL MINUTES - June 26~ 1973~ 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (72-73-49 - C-l) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-246 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 72-73-50: Initiated by the City Planning Com- mission for a change in zone from R-A to R-H-iO,O00 (Portion No. C) on the south side of Santa Ana Canyon Road, bounded on the east by Mohler Drive. The City Planning Commission pursuant to Resolution No. PC73-108, recommended adoption of the E.I.R. prepared in conjunction with the Mohler Drive Annexation zoning and approval of Reclassification No. 72-73-50 subject to the following conditions: 1. That a preliminary title report shall be furnished prior to the adoption of the ordinance rezoning the property, showing legal vesting of title, legal description, and containing a map of the property. 2. That dedication shall be made to the City of Anaheim of all streets within the area, according to the Circulation Element of the General Plan Highway Rights-of-Way, prior to the adoption of the ordinances rezoning the property. 3. That all engineering requirements of the City of Anaheim 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, at the time the property is developed. 4. That the owner(s) of subject property shall install street lighting on all streets within the area as required by the Director of Public Utilities at the time the property is developed. 5. That electrical utilities shall be placed underground and dedicated t<> the City of Anaheim in accordance with the requirements of the Director of Public Utilities. 6. That drainage of said property shall be disposed of in a manner ~atisfactory to the City Engineer. If, in the preparation of the site, suffici- ent grading is required to necessitate a grading permit, no work on grading will be permitted between November 1st and April 15th unless all required off-site drainage facilities have been installed and are operative. Positive assurance ~hall be provided the City that such drainage facilities will be completed prior to November 1st. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. The City shall not accept any portion of such drainage facilities until the entire facility through the subject property and to the point of ultimate disposal is completed and operative. The developer shall maintain such facilities for a period of two ycar~ followin~ installation and shall post a faithful performance bond in a sufficient amount to guarantee such maintenance. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 7. That ordinances reclassifying the property shall be adopted as each parcel is ready to comply with conditions pertaining to such parcel pro- vided, however, that the word "parcel" shall mean presently existing parcels of record and any parcel or parcels approved by the City Council for a lot split. 8. That prior to the adoption of an ordinance reclassifying the pro- perty or prior to approval of the final tract map, whichever occurs last~ floor plans and elevations for the proposed houses shall be submitted to and approved by the Planning Commission and the City Council. 73-496 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 26, 1973, 1:30 P.M. ENVIRONMENTAL IMPACT STATEMENT: Reclassification No. 72-73-50 refers to a por- tion of the area covered in the environmental impact report regarding the Mohler Drive Annexation area previously adopted as Statement by the Council. The Mayor asked if anyone wished to address the Council regarding the proposed Reclassification No. 72-73-50. Mr. Roger Wilson, representing the Orange Unified School District, in- formed the Council that 20 acres out of the total 35 proposed for R-H-10,000 under this reclassification are planned for use as a junior high school site. Mrs. Linda Bedford, 21112 Mohler Place, indicated that she lived in that 15 acre segment of Section "C" originally proposed for the R-H-10,000 Zone and that she would prefer to have this portion in the R-H-22,000 Zone. The Council informed her that as a result of the Planning Commission recommendation the 15 acre segment has been included in Portion No. D, and is pro- posed for R-H-22,000 zoning under Reclassification No. 72-73-51. The Mayor asked if anyone else wished to address the Council; there being no response, declared the hearing closed. RESOLUTION NO. 73R-247: Councilman Sneegas offered Resolution No. 73R-247 for adoption, authorizing the preparation of the necessary ordinance, changing the zone, subject to the conditions recommended by the City Planning Commission, de- leting Condition No. 6 as set forth by the City Planning Commission and in its place substituting the revised Hillside Development Drainage Condition. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (72-73-50 - R-H-10,O00) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-247 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 72-73-51: Initiated by the City Planning Com- mission for a change in zone from R-A to R-H-22,000 (Portion No. D) located south of Santa Ana Canyon Road, east of Anaheim Hills Road, bounded on the northeast and east by the City Limits, the south by the Anaheim Hills planned community and on the north by Portion Nos. A, B and C. The City Planning Commission pursuant to Resolution No. PC73-109, recom- mended adoption of the E.I.R. prepared in conjunction with the Mohler Drive Annex- ation zoning and approval of Reclassification No. 72-73-51 subject to the following conditions: 1. That a preliminary title report shall be furnished prior to the adop- tion of the ordinance rezoning the property, showing legal vesting of title, legal description, and containing a map of the property. 2. That d~dicatlon shall be made to the City of Anaheim of all streets within the area, according to the Circulation Element of the General Plan Highway Rights-of-Way, prior to the adoption of the ordinances rezoning the property. 3. That all engineering requirements of the City of Anaheim 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, at the time the property is developed. 4. That the owner(s) of subject property shall install street lighting on all streets within the area as required by the Director of Public Utilities at the time the property is developed. 73-497 City Hall~ Anaheim, California - COUNCIL MINUTES - June 26, 1973, 1:30 P.M. 5. That electrical utilities shall be placed underground and dedi- cated to the City of Anaheim in accordance with the requirements of the Director of Public Utilities. 6. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, suffici- ent grading is required to necessitate a grading permit, no work on grading will be permitted between November 1st and April 15th unless all required off-site drainage facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to November 1st. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry run-off waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. The City shall not accept any portion of such drainage facilities until the entire facility through the subject property and to the point of ultimate disposal is completed and operative. The developer shall maintain such facilities for a period of two years following installation and shall post a faithful performance bond in a sufficient amount to guarantee such maintenance. Drainage district reimburse- ment agreements may be made available to the developers of said property upon their request. 7. That ordinances reclassifying the property shall be adopted as each parcel is ready to comply with conditions pertaining to such parcel pro- vided, however, that the word "parcel" shall mean presently existing parcels of record and any parcel or parcels approved by the City Council for a lot split. 8. That prior to the adoption of an ordinance reclassifying the pro- perty or prior to approval of the final tract map, whichever occurs last, floor plans and elevations for the proposed houses shall be submitted to and approved by the City Planning Commission and the City Council. ENVIRONMENTAL IMPACT STATEMENT: Reclassification No. 72-73-51 refers to a por- tion of the area covered in the environmental impact report regarding the Mohler Drive Annexation area previously adopted as Statement by the Council. The Mayor asked if anyone wished to address the Council relative to the proposed Reclassification No. 72-73-51. Mr. Art Dickenson, 831 East Lambert Road, La Habra, property owner in the Mohler Drive area suggested that this zone be reduced to 20,O00-square foot lots rather than 22,000 since the increased size of lots would place a hardship on the owners of property still undeveloped. In behalf of Mr. Dickenson and others in the audience with similar questions, Councilman Pebley asked if it were possible to develop on 20,000- square foot lots prior to annexation, under the County zone, stating that he would not think it equitable to require 22,000-square foot lots after annexation to tb~ City. Mr. McDaniel explained that the City of Anaheim R-H-22,000 Zone in- cludes both public and private street half-widths, therefore in essence, the lot size of 22,000-square feet is equivalent to the County Zone of 20,000 square feet. Mr. Alvin Pauck stated that he owned property along Eucalyptus Drive and related his difficulties in developing same because of lack of access. He indicated the location of his property on the map. Zoning Supervisor Roberts advised that Mr. Pauck's property is not in the City and not a part of the Mohler Drive Annexation area which is presently under consideration under the zoning actions scheduled at this meeting. Mr. Otto Henning, 20266 Santa Ana Canyon Road, stated that he owns 37 acres of property contiguous to the Anaheim Hills planned development com- munity, and within Portion No. D of subject reclassification. He submitted a 73-498 .City Hall, Anaheim~ California - COUNCIL MINUTES - June 26~ 1973~ 1:30 P.M. topographical map of his property on which a site plan for a planned residential development was shown and stated that he had submitted this to numerous realtors and land developers and was advised that the best utilization of his property, because of the togopraphy, would be a clustered type planned residential develop- ment with open green spaces as is indicated on the site plan. Further he advised that he has owned this property for 30 years and has planted over 3,000 trees and he feels a large portion of these trees could be re- tained if he is not forced to develop to 20,000-square foot lots. He stated that his property would not be salable if zoned to 20,000-square foot lots and there- fore he would not be in favor of the R-H-22,000 Zone. As requested by Councilman Pebley, Mr. Henning indicated the location of his property on the map and described its topographical features. In further support of his position, he cited the taxes and sanitation district fees which he has paid over a long period of time and advised that he is economically forced to develop his property because of the increased taxes. He feels that the R-H-22,000 Zone would be too restrictive to potential develop- ment of the property. He further related several instances which he feels are indicative of a current trend away from the larger lotsizes and more favorable to the planned residential development type of construction. Councilman Sneegas explained that the action before the Council is to place a blanket resolution of intent on a large segment of the property and is not to limit the use of Mr. Henning's property or any other separate parcel. He suggested that Mr. Henning bring before the Council a concrete plan for~ develop- ment, assuring him that such would be given every consideration. Mr. Henning reiterated that he would prefer to have the Council place a zoning equivalent to six residential units per acre on his property this date. Councilman Dutton pointed out that the Council is now considering 437 acres in Portion No. D for zoning to R-H-22,000 and not individual properties; and should this be approved, if Mr. Henning does not feel that this is the best zoning for his property, he could apply for the reclassification of his choice for his particular property. Mr. Phil Joujon-Roche, 21527 Mohler Place, displayed a map of the Mohler Drive Annexation area on which existing residents were indicated with green dots. He stated that each of these residences were built on lots of one-half acre or larger. The map indicated a concentration of residential development to the east. Mr. Joujon-Roche felt that the map illustrates that the R-H-22,000 Zone will not be creating a new standard for the area, but is a mode which is already established. In further support of his request, that Council approve the R-H-22,000 zoning, he cited the fact that the Anaheim General Plan calls for low density in the Santa Ana Canyon on the south side of the river and higher density to the north of the river. He read a list of current building projects in the planning stages which he feels indicates that there is already an adequate supply of R-1 and R-2 property available on the south side of the river. He presented building sta- tistics obtained from the City of Villa Park which he felt were indicative of a strong market for one-half acre residential developments and stated that builders currently are actively engaged in seeking suitable areas for one-half acre devel- opments.~ In conclusion, he requested that Council approve the R-H-22~000 zoning proposed for Portion No. D as this action would be instrumental in preservation of the rural-agricultural integrity of the canyon. The Mayor asked if anyone else wished to address the Council; there being no response, declared the hearing closed. RESOLUTION NO. 73R-248: Councilman Sneegas offered Resolution No. 73R-248 for adoption, authorizing the preparation of the necessary ordinance, changing the zone, subject to the conditions recommended by the City Planning Commission, de- leting Condition No. 6 as set forth by the City Planning Commission and in its place, substituting the revised Hillside Development Drainage Condition. 73-499 City Hall~ Anaheim, California - COUNCIL MINUTES - June 26~ 1973, 1:30 P.M. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (72-73-51 - R-H-22,000) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-248 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1399 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application of William J. Wethern for waiver of the following Code requirements to establish a retail optical laboratory in a single-family structure located on C-O zoned property at the northeast corner of Euclid Street and Alomar Avenue, was submitted, together with application for Exemption Dec- laration Status: a. Permitted uses. b. Requirement that all signs be attached to the building face. c. Types of signs permitted. The City Planning Commission pursuant to Resolution No. PC73-101, granted said conditional use permit, in part, granting waiver a.., and denying waivers b., and c., subject to the following conditions, and recommended that no environmental impact report be required: 1. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60 cents per front foot along Euclid Street and Alomar Ave- nue for tree planting purposes. 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 all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 4. That the existing structure shall be brought up to the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. 5. That subject property shall be developed substantially in accor- dance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2 provided, however, that signing shall be in conformance with Code requirements. 6. That Condition No. 1, above mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Plan- ning Commission may grant. 7. That Condition Nos. 2, 3, 4, and 5, above mentioned, shall be complied with prior to final building and zoning inspections. Councilman William J. Thom, at the meeting held June 5, 1973, requested review of said conditional use permit. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Stephens0n, seconded by Councilman Sneega$~ it was the finding of the City Council that the impact of said project would be trivial in nature and that no environmental im- pact report or statement is required. MOTION CARRIED° Zoning Supervisor Charles Roberts noted the location and past history of uses of subject property. He advised that the existing residential structure on the property has been used for an optical laboratory for the past several months and staff advised Applicant he would need a conditional use permit to continue to operate, as this type of activity is not permitted in a residential structure in the C-O Zone. Mr. Roberts explained that the Applicant proposes to utilize a portion of the residential structure for his optical laboratory and rent remaining portions for other commercial activities. 73-500 .City Hall~ Anaheim~ California - COUNCIL MINUTES - June 26~ 1973t 1:30 P.M. Mr. Roberts reported that the Planning Commission approved the use of subject property, however, felt that the Applicant should comply with sign re- quirements of the C-O Zone, namely no free-standing signs permitted. Consequently the Planning Commission denied the sign waivers. Mayor Dutton asked if the Applicant was present and wished to address the Council. William Wethern, 606 South Arden Street, Applicant, addressed the Council and advised he erected a sign for the purpose of advertising his business a couple of weeks ago, not knowing it was illegal. He then presented for Council review pictures of other signs in the immediate vicinity. Councilman Pebley noted the pictures reflect free-standing signs and questioned Mr. Wethern about the fact that his was a fenced sign. Mr. Wethern answered, his was afenced sign, and he had requested an additional free-standing sign because 40% of his clientele comes from sign advertising. He advised that an illegal pole sign presently exists on the pro- perty and he is willing to remove it. Mayor Dutton returned the pictures to Mr. Wethern. Mr. Wethern advised that in approximately five years,he plans to remove the existing residential structure and construct a new building on the property; of course this is contingent upon the success of the business. Mr. Wethern submitted for the record, four letters from surrounding pro- perty owners stating they have no objections to the proposed signs. Councilman Thom asked how many signs existed on the property, to which Mr. Wethern replied a fence sign and pole sign, and that he is proposing a lighted sign to replace the existing illegal pole sign. Councilman Pebley asked since the fence sign was considered a free- standing sign, which was not permitted in the C-O Zone, perhaps the Applicant should consider a wall sign. Zoning Supervisor Roberts answered that although wall signs are permit- ted in the C-O Zone, they are required to be affixed to the building, and in this case, the advertising portion of the fence sign is approximately 60-square feet. Mr. Wethern explained that because of the way the structure is situated on the property, it addresses itself to Euclid Street but the actual entrance is on Alomar Avenue, therefore he needed the large advertising sign to direct his clientele. Councilman Thom stated that the people who had initially contacted him about the proposed use were pleased with the way Mr. Wethern had cleaned up the property and had no objections to the signing of subject property. Councilman Sneegas agreed that Mr. Wethern has made quite an improvement on the property, however, felt the requesting signing would set an undesirable precedent. .Mayor Dutton asked if anyone in opposition was present and wished to address the Council. There being no response, declared the public hearing closed. RESOLUTION NO. 73R-249: Councilman Pebley offered Resolution No. 73R-249 for adoption, upholding the City Planning Commission action, granting the use requested under Conditional Use Permit No. 1399 to establish a retail optical laboratory in a single-family structure and denying requested waivers b., and c. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1399, IN PART. 73-501 City Hall~ Anaheim~ California - COUNCIL MINUTES Roll Call Vote: June 26~ 1973~ 1:30 P.M. AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley and Dutton Thom None The Mayor declared Resolution No. 73R-249 duly passed and adopted. RECESS: Councilman Thom moved for a five-minute recess. Councilman Dutton seconded the motion. MOTION CARRIED. (3:25 P.M.) AFTER RECESS: Mayor Dutton called the meeting to order, all members of the City Council being present. (3:30 P.M.) PUBLIC HEARING - VARIANCE NO. 2455 AND ENVIRONMENTAL IMPACT REPORT NO. 12: Request of Anaheim Hills, Inc., for the following Code waivers to subdivide property located on the south side of Nohl Ranch Road, west of Royal Oak Road, into 265 R-H-10,000 zoned lots in four tracts,was submitted, together with Environmental Impact Report No. 12 and Environmental Impact Report Review Committee Analysis thereof: a. Minimum lot area. (Withdrawn) b. Minimum width of private accessway. (Withdrawn) c. Requirement that single-family residential structures rear on arterial highways. The City Planning Commission pursuant to Resolution No. PC73-90, granting Variance No. 2455, in part, subject to the following conditions, and recommended that E.I.R. No. 12 and its two supplements be adopted as the Council's Statement: 1. That this variance is granted subject to the approval of Tentative Map of Tract Nos. 8115, Revision No. 1; 8116, Revision No. 1; 8117, Revision No. 1; and 8134, Revision No. 1; and completion of Reclassification No. 67-68-7. 2. That subject property shall be developed substantially in accor- dance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. At the meeting held June 5, 1973, Councilman W. J. Thom requested review of said variance. ENVIRONMENTAL IMPACT STATEMENT: On motion by Councilman Dutton, seconded by Councilman Stephenson, the City Council accepted E.I.R. No. 12, its two supple- ments and Committee Analysis thereof, together with City Planning Commission recommendation, and adopted same as the Statement of the City Council. MOTION CARRIED. The City Clerk read aloud a letter received June 22, 1973, requesting an evening meeting on said variance. She pointed out that at the June 5, 1973 meeting, at which time Councilman Thom requested the review, a similar request for an evening meeting had been received. It was determined at that time by Council that Variance No. 2412 was to be scheduled for public hearing at a 1:30 p.m. session. Mr. Roland Krueger, 560 Peralta Hills Drive, advised that since most of the interested parties were present at the meeting today, they would like to withdraw their request for an evening meeting and proceed with the hearing. Zoning Supervisor Charles Roberts noted the location of subject pro-. perry as outlined on a map posted on the east Council Chamber wall, and ex- plained that the Petitioner proposes to develop 265 lots in four tracts and that three lots of the 265 lots would side onto an arterial highway, thereby re- quiring waiver c. Mr. Roberts stated that the property is presently zoned R-A, however, a resolution of intent to R-H-lO,000 exists; and the total density proposed for the project is 2.5 units per acre which is consistent with the General Plan for the area; that some lots sizes would be less than 10,000-square feet which is permitted if the average of all lots within the subdivision is 10,000- ~it~ Hall, Anaheim~ California - COUNCIL MINUTES - June 26, 1973~ 1:30 P.M. square feet,and in this case the requirement is met; and the pad area, exclusive of slope, would amount to a minimum of 6,000-square feet in three of the tracts and a minimum of 6,250-square feet in the remaining tract. Further he noted that the Petitioner had not submitted plot plans, thereby precluding analysis of lot coverage and other site developments. He ad- vised that the Petitioner stated no specific developer was interested in the pro- perty to date, however compliance with site development standards of the R-H-10,000 Zone would be made, or a variance requested. Mr. Roberts advised that several meetings between staff, Anaheim Hills and Lusk Corporation have been held relative to access to Nohl Ranch Road. The Engineering Division has reviewed the tentative tract maps of the proposed inter- sections with Nohl Ranch Road and determined them to be satisfactory. Mr. Roberts explained that the tentative tract map reflects the need to extend Crescent Avenue from Nohl Ranch Road to the Orange and Villa Park City Limits. Mr. Roberts summarized the recommendations of the Planning Commission, approval of Variance No. 2455, waiver c., and approval of the tentative tract maps. Mayor Dutton asked if the Applicant or his ~gent were present and wished to address the Council. James Barisic, Vice President, Anaheim Hills, Inc., 380 Anaheim Hills Road, requested to withhold his comments until after input from those in opposi- tion had been given. Mayor Dutton asked if anyone in opposition wished to address the Council. Mary Dinndorf, 131 La Paz Street, representing the Santa Ama Canyon Improvement Association, Inc., stated they opposed the granting of Variance No. 2455 based on the Open Space and Conservation Element Plan adopted in May, 1973, in accordance with Senate Bill 966 and the Scenic Corridor Overlay Zone adopted by the Council within which the proposed development exists. Mrs. Dinndorf voiced opinion that since these guidelines were adopted to ensure the orderly growth and development, while protecting and preserving the environment, of the Santa Ana Canyon area, and since Variance No. 2455 does not conform to the guidelines, it should be denied. On behalf of the Santa Ama Canyon Improvement Association, Inc., Mrs. Dinndorf recommended that the City Council adopt one of the alternatives listed in the California Kipplinger Report dated May 17, 1973, one being for the City to purchase the land and the other being for the City to apply to the State for monies under the Open Space Bill, AB-920. In this manner, the City would be able to pre- serve the rural, suburban atmosphere of the Santa Bna Canyon area and maintain the scenic beauty of the canyon area. Brian Bittke, 372 Peralta Hills Drive, representing the Peralta Hills Homeowners' Association, stated his opposition to Variance No. 2455 is based on the disregard of the developers towards the educational requirements of school age children from kindergarten to the twelth grade in this project and other Banaheim Hills developments. Mr. Bittke read aloud statements from E.I.R. No. 12 wherein potential school and park sites in the Anaheim Hills area were to be assigned prior to development. According to the report, educational section, adequate school facilities within the project area are reasonably accessible Mr. Bittke made reference~to the Master Plan Addendum 1972-73 of the Orange Unified School District prepared by the Westinghouse Learning Corporation, quoting enrollment standards for the school sites and sizes, particularly in the canyon area. He stated that according to this report the anticipated student enrollment from the Kindergarten to the twelth grade by the year 1978 will be 4,689 students. Mr. Bittke voiced the opinion that there is a contradiction between E.I.R. No. 12 and the Orange Unified School District Addendum Report and that perhaps a re-evaluation of the educational requirement in the proposed project should be made by the developer. Mr. Bittke noted that a 19-million-dollar school bond election in October, if successful, will build the necessary schools in the Santa Aha Canyon area. The Orange County Committee on school district reorganization, however, 73-503 C__ity Hall, Anaheim? California - COUNCIL MINUTES - June 26~ 1973, 1:30 P.M. has been seeking de-annexation from the Orange Unified School District and the fast growing Santa Ana Canyon area, primarily due to the Anaheim Hills Develop- ment. If the de-annexation is accomplished, additional monies will be required to build the needed school facilities in the canyon area. In conclusion, Mr. Bittke voiced the opinion that the Anaheim Hills developers should make a firm commitment to the residents and the City to as- sist in school development and financing in the canyon area. Mayor Dutton stated that the Orange Unified School District has a responsibility and obligation to furnish schools in the Santa Ana Canyon area because they have derived taxes from that area since approximately 1955. He further stated having school districts coterminous with city limits is desir- able, however, economically unfeasible. Councilmen Stephenson and Sneegas stated it is their belief that de- annexation of the area from the Orange Unified School District will not be auth- orized unless another district is willing to accept it. Councilman Thom voiced the opinion that the City should exercise its power to urge or coerce the Anaheim Hills developers to meaningfully negotiate with the Orange Unified School District to provide the educational facilities required by Anaheim citizens in the canyon area. Frank Liggett, 571Peralta Hills Drive, requested denial of Variance No. 2455 based on the fact that no plans showing proposed structures are avail- able and since the project is within the Scenic Corridor, Council should review the plans prior to approval,as structures are an integral part in determining if the development is compatible with the intent of the Scenic Corridor. Mr. Liggett expressed a concern over the drainage problems in the area, including formation of drainage districts, and requested that no grading be permitted un- til all problems are alleviated. Mayor Dutton explained that the City Engineer will make a recommenda- tion in a couple of weeks relative to the drainage districts. He further ex- plained that developers must comply with the recently adopted Hillside Develop- ment Drainage Requirement. (Condition No. 45) John B. McElheny, 4946 Crescent Drive, cautioned the Council in approving the proposed project. He stated during the heavy rains approximately four years ago, he received a six-inch silt deposit in the bottom of the baranca on his property, and that during the past light rainy season he received a one- foot silt deposit. In his opinion, development in the westerly portion of Anaheim Hills and the small Lusk development caused the increase. Mr. McElheny urged denial of Variance No. 2455 until drainage problems in the area are solved. Herbert Christenson, 5108 Crescent Drive, questioned whether or not the proposed Lakeviewv. Crescent Avenue Extension was still active. Mr. Christenson stated that he had been informed that the proposed project had been abandoned. He further stated if the project is still being considered, he would like to know the procedure to abandon it and remove it from County and City highway maps, emphasizing the fact that th~ extension would bisect the Peralta Hills area. The C~ty Engineer explained that the proposed Lakeview-Crescent Avenue Extension still appears on both the County Arterial Highway Plan, as well as City right-of-way maps. The proposed project, Mr. Madd0x stated, would remain act{ye until it was removed from the County and City plans. Mr. Maddox briefed the history behind the proposed project; the Lakeview interchange was construc- ted along with the Riverside Freeway on the basis of the County of Orange having it on its Arterial Highway Plan, and the City having it on its plans because both County and City Traffic Engineers, based on the anticipated development in the total area, not just Peralta Hills, felt th~s roadway would be necessary for gen- eral circulation of the traveling public. In his opinion, Mr. Maddox felt the project would remain on both the County and City plans until there is a decrease in the total number of cars presently anticipated and projected. Mayor Dutton asked if the developer would now like to make his com ments, particularly regarding schools for the area. 73-504 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1973, 1:30 P.M. James Barisic, Vice President, Anaheim Hills, Inc., replied that they perfered other alternatives to extending Crescent Avenue, however, in order to obtain tentative tract map approval, it was necessary to design the development showing Crescent extended because it appeared both on the County and City maps. Mr. Barisic stated they are willing to revise the tentative tract maps if it is deemed in the best interests of the citizens and the City of Anaheim, not to ex- tend Crescent Avenue. Generally speaking, Mr. Barisic stated Anaheim Hills has attempted to communicate with homeowners directly involved, Orange Unified School District, the press, and any other interested persons to make them knowledgeable of what is happening in Anaheim Hills and when. He voiced the opinion that most people approve of the master plan community in theory, however it is in the actual pra- tice and implementation that they object. Mr. Barisic reported that the purpose of their meetings is to keep people informed and to correct any misinformation. As far as meeting their responsibilities to the community, Mr. Barisic expressed the opinion that Anaheim Hills has met its responsibilities as evidenced by parks, water system, riding and hiking trails and other recreational amenities in the can- yon area, and will continue to meet its responsibilities in the future. Specifically speaking, Mr. Barisic pointed out that five sites have been earmarked for schools, three of which are elementary and two for junior high school. He explained that Orange Unified School District did not request land for a high school because in their opinion too much land was needed and it was economically unsound to construct one in Anaheim Hills. Mr. Barisic advised that recently Anaheim Hills offered Orange Unified School District a 45 acre site for a school at below their cost and the offer was declined. He stated that Anaheim Hills recognized that the district has financial limita-~ tions, and subsequently offered the district extended terms,and to hold sites for prolonged periods of time. He advised these offers were also declined. Mr. Barisic emphasized Anaheim Hills has worked in the past, is presently working and will continue to work with the Orange Unified School District to ensure that educ- ational requirements of the area are fully met. Mr. Barisic explained that Anaheim Hills is currently working in detail with the Engineering Division, designing in accordance with City's standards and will meet all criteria of the City Engineer's Office in actual development. In summary, Mr. Barisic pointed out on the proposed development plans for this project along open space areas between building pads, some of which are existing natural open space areas that will remain so, and other areas which will be manufactured open space areas plushly landscaped in accordance with City stan- dards. Mayor Dutton declared the hearing closed. Councilman Thom voiced his opinion in the disbelief of figures quoted and certain statements made by Anaheim Hills relative to school sites. He repor- ted that according to conversation he has had with Orange Unified School District officials, these figures and statements do not agree. Ma~or Dutton expressed belief in the sincerity of Anaheim Hills, stating the figures quoted are in agreement with what Anaheim Hills originally stated they were willing to offer,and have offered to Orange Unified School Dis- trict. RESOLUTION: Councilman Thom offered a resolution to deny Variance No. 2455. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2455. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Thom Stephenson, Sneegas, Pebley and Dutton None The Mayor declared the resolution failed to carry. 73-505 .~ity Hall~ Anaheim~ California - COUNCIL MINUTES - June 26~ 19737 1:30 P.M RESOLUTION NO. 73R-250: Councilman Dutton offered Resolution No 73R-250 for adoption, granting Variance No. 2455, subject to the Planning Commission recom- mendations. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2455. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley and Dutton Thom None The Mayor declared Resolution No. 73R-250 duly passed and adopted. TENTATIVE MAPS~ TRACT NOS. 8115, 8116, 8117 AND 8134, REVISION NOS. 1 (VARIANCR NO. 2455): Developer, Anaheim Hills, Inc.; property located on the south side of Nohl Ranch Road, west of Royal Oak Road; Tract No. 8115 contains 74 proposed R-H-10,000 zoned lots; Tract No. 8116 contains 67 proposed R-H-lO,000 zoned lots; Tract No. 8117 contains 68 proposed R-H-10,000 zoned lots; and Tract No. 8134 contains 59 proposed R-H-10,000 zoned lots. The City Planning Commission at their meeting held May 14, 1973, ap- proved Tentative Tract Map No. 8115, Revision No. 1, subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 8115, Revision No. 1, is granted subject to the approval of Variance No. 2455 and completion of Reclassification No. 67-68-7. 2. That should this subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative form for approval. 3. That a 6-foot, decorative, openwork wall shall be constructed at the top of the slope adjacent to Nohl Ranch Road on Lot Nos. 1 through 5, and 68 through 72. Reasonable landscaping, including irrigation facilities, shall be installed within the slope areas of each lot adjacent to the roadways and in the street parkways. Plans for said landscaping shall be submitted to and subject to the approval of the Parkway Maintenance Superintendent. Following installation and acceptance, the property owner shall assume responsibility for maintenance of said landscaping, regardless of the location of the walls. 4. That all lots within this tract shall be served by underground utilities. 5. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 6. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 7. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 8. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If~ in the preparation of the site, suffici- ent grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off-site drainage facilities have been installed and are operational. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the down- stream boundary of the property to the ultimate point of disposal prior to the City Hall~ Anaheim~ California - COUNCIL MINUTES - June 26~ 1973~ 1:30 P.M. issuance of any final building inspections or occupancy permits. The City shall not accept any portion of such drainage facilities until the entire facility through the subject property and to the point of ultimate disposal is completed and operational. The developer shall maintain such facilities for a period of two years following installation and shall post a faithful performance bond in a sufficient amount to guarantee such maintenace. Drainage district reimburse- ment agreements may be made available to the developers of said property upon their request. 9. That grading, excavation, and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ama River by storm water originating from or flowing through this project. 10. That adequate right-of-way for left-turn pockets shall be provided at all street intersections with Nohl Ranch Road as approved by the City Engineer. 11. That parking bays shall be provided on Nohl Ranch Road in accordance with standard details of the City of Anaheim. 12. That drainage easements shall be provided for the storm drains from Tract Nos. 7566 and 7567 with access to the drains to be as approved by the Super- intendent of Street Maintenance. 13. That paved access easements to all storm drain facilities shall be as approved by the Superintendent of Street Maintenance. Said approved easements shall be reflected on the final tract map. 14. That all streets shall be designed with grades no greater than 12%. 15. That fire breaks shall be provided as approved by the Fire Chief. 16. That the problem of drainage from this tract flowing onto the exist- ing tract to the east (Tract No. 7566) shall be resolved to the satisfaction of the City Engineer. 17. That any proposed covenants, conditions, and restrictions shall be submitted to and approved by the City Attorney's Office prior to City council approval of the final tract map, and, further, that the approved covenants, con- ditions, and restrictions shall be recorded concurrently with the final tract map. 18. That prior to approval of the final tract map, plot plans, floor plans, and elevations for the proposed houses shall be submitted to and approved by the Planning Commission and City Council. 19. That the vehicular access rights, except at street and/or alley openings, to Nohl Ranch Road shall be dedicated to the City of Anaheim. The City Planning Commission at their meeting held May 14, 1973, approved Tentative Tract Map No. 8116, Revision No. 1, subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 8116, Revision No. 1, is granted subject to the approval of Variance No. 2455 and completion of Reclassification No. 67-68-7. 2. That should this subdivision be developed as more than one subdivi- sion, each subdivision thereof shall be submitted in tentative form for approval. 3. That a 6-foot, decorative, openwork wall shall be constructed at the top of the slope adjacent to Nohl Ranch Road on Lot Nos. 7 through 29 and adjacent to Crescent Avenue (Lakeview) on Lot Nos. 1 through 7 and 67. Reasonable landscaping, including irrigation facilities, shall be installed within the slope areas of each lot adjacent to the roadways and in the street parkways. Plans for said landscaping shall be submitted to and subject to the approval of the Parkway Maintenance Superintendent. Following installation and acceptance, the property owner shall assume responsibility for maintenance of said landscaping, regardless of the location of the walls. 4. That any proposed covenants, conditions, amd restructions shall be submitted to and approved by the City Attorney's Office prior to City Council approval of the final tract map, and, further, that the approved convenants~ con- ditions, and restrictions shall ba recorded concurrently with the final tract map. 5. That all lots within this tract shall be served by underground utilities. 6. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 7. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 8. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 73-507 .~it~ Hall~ Anaheim, California - COUNCIL MINUTES - June 26~ 19737 1:30 P.M. 9. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, suffi- cient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off- site drainage facilities have been installed and are operational. Positive assurance shall be provided the City that such drainage facilities will be com- pleted prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initi- ated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to commencement of grading operations. The required drain- age facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. The City shall not accept any portion of such drainage facilities until the entire facility through the subject property and to the point of ulti- mate disposal is completed and operational. The developer shall maintain such facilities for a period of two years following installation and shall post a faithful performance bond in a sufficient amount to guarantee such maintenance. Drainage district reimbursement agreements may be made available to the develop- ers of said property upon their request. 10. That grading, excavation, and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from or flowing through this project. 11. That Crescent Avenue (Lakeview) shall be constructed with a 64- foot traveled way in a 78-foot right-of-way. 12. That the full traveled way of Crescent Avenue (Lakeview) shall be constructed prior to or concurrently with the improvements for this tract. 13. That adequate right-of-way for left-turn pockets shall be provided at all street intersections with Nohl Ranch Road as approved by the City Engineer. 14. That parking bays shall be provided on Nohl Ranch Road in accor- dance with standard details of the City of Anaheim. 15. That paved access easements to all storm drain facilities shall be as approved by the Superintendent of Street Maintenance. Said approved ease- ~ents shall be reflected on the final tract map. 16. That all streets shall be designed with grades no greater than 12%. 17. That fire breaks shall be provided as approved by the Fire Chief. 18. That prior to approval of the final tract map, plot plans, floor plans, and elevations for the proposed houses shall be submitted to and approved by the Planning Commission and City Council. 19. That the vehicular access rights, except at street and/or alley openings, to Nohl Ranch Road and Crescent Avenue (Lakeview) shall be dedicated to the City of Anaheim. The City Planning Commission at their meeting held May 14, 1973, approved Tentative Tract Map No. 8117, Revision No. 1, subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 8117, Revision No. t, is granted subject to the approval of Variance No. 2455 and completion of Reclassification No. 67-78-7. 2. That should this subdivision be developed as more than one sub- d£vision, each subdivision thereof shall be submitted in tentative form for approval. 3. That a 6-foot, decorative, openwork wall shall be constructed at the top of the slope adjacent to Nohl Ranch Road on Lot Nos. 2 through 23 and adjacent to Crescent Avenue (Lakeview) on Lot Nos. 1, 2, 42, 43, 51 through 56, and 67. Reasonable landscaping, including irrigation facilities, shall be installed within the slope areas of each lot adjacent to the roadways and in the street parkways. Plans for said landscaping shall be submitted to and sub- ject to the approval of the Parkway Maintenance Superintendent. Following installation and acceptance, the property owner shall assume responsibility for maintenance of said landscaping, regardless of the location of the walls. 4. That any proposed covenants, conditions, and restrictions shall be submitted to and approved by the City Attorney's Office prior to City Council 73-508 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 26, 1973, 1:30 P.M. approval of the final tract map, and, further, that the approved covenants, con- ditions, and restrictions shall be recorded concurrently with the final tract map. 5. That all lots within this tract shall be served by underground utilities. 6. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 7. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 8. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 9. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off-site drain- age facilities have been installed and are operational. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation pro- ceedings therefor (the costs of which shall be borne by the developer) prior to commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher pro- perties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. The City shall not accept any portion of such drainage facilities until the entire facility through the subject property and to the point of ultimate disposal is completed and opera- tional. The developer shall maintain such facilities for a period of two years following installation and shall post a faithful performance bond in a sufficient amount to guarantee such maintenance. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 10. That grading, excavation, and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt orig- inating from this project being carried into the Santa Ana River by storm water originating from or flowing through this project. 11. That Crescent Avenue (Lakeview) shall be constructed with a 64-foot traveled way in a 78-foot right-of-way. 12. That the full traveled way of Crescent Avenue (Lakeview) shall be constructed prior to or concurrently with the improvements for this tract. 13. That adequate right-of-way for left-turn pockets shall be provided at all street intersections with Nohl Ranch Road as required by the City Engineer. 14. That parking bays shall be provided on Nohl Ranch Road in accordance with standard details of the City of Anaheim. 15. That paved access easements to all storm drain facilities shall be as approved by the Superintendent of Street Maintenance. Said approved easements shall be reflected on the final tract map. 16. That all streets shall be designed with grades no greater than 12%. 17. That fire breaks shall be provided as approved by the Fire Chief. 18. That prior to approval of the final tract map, plot plans, floor plans, and elevations for the proposed houses shall be submitted to and approved by the Planning Commission and City Council. 19. That the vehicular access rights, except at street and/or alley openings, to Nohl Ranch Road and Crescent Avenue (Lakeview) shall be dedicated to the City of Anaheim. 20. That prior to the approval of Tentative Map of Tract No. 8117, Revision No. 1, the owner(s) of subject property shall make an irrevocable offer to dedicate an easement for riding and hiking trail purposes over that portion of subject property over which the Four Corners Pipe Line Company has, or will have, an easement for pipe lines and incidental purposes. Said offer to dedicate shall be irrevocable for a period of twenty years and may be accepted by the City of Anaheim at such time as it is determined that development of such facilities would be in the best interest of the City of Anaheim. Said irrevocable offer to dedicate shall be recorded concurrently with the final tract map. 73-509 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 26~ 1973, 1:30 P.M. The City Planning Commission at their meeting held May 14, 1973, approved Tentative Tract Map No. 8134, Revision No. 1, subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 8134, Revision No. 1, is granted subject to the ap~provai of Variance No. 2455 and completion of Reclassification No. 67-68-7. 2. That should this subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative form for approval. 3. That all lots within this tract shall be served by underground utilities. 4. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 5. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 6. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 7. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, suffi- cient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off- site drainage facilities have been installed and are operational. Positive assurance shall be provided the City that such drainage facilities will be com- pleted prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initi- ated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters orig- inating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. The City shall not accept any portion of such drainage facilities until the entire facility through the subject property and to the point of ultimate disposal is completed and operational. The developer shall maintain such facil- ities for a period of two years following installation and shall post a faith- ful performance bond in a sufficient amount to guarantee such maintenance. Drainage district reimbursement agreements may be made available to the develop- ers of said property upon their request. 8. That grading, excavation, and all other construction activitieg shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from or flowing through this project. 9. That paved access easements to all storm drain facilities shall be as approved by the Superintendent of Street Maintenance. Said approved ease- ments shall be reflected on the final tract map. 10. That all streets shall be designed with grades no greater than 12%. 11. That fire breaks shall be provided as approved by the Fire Chief. 12. That any proposed covenants, conditions, and restrictions shall be submitted to and approved by the City Attorney's Office prior to City Council approval of the final tract map, and, further, that the approved covenants, con- dJtions, and restrictions shall be recorded concurrently with the final tract ~&p. 13. That prior to approval of the final tract map, plot plans, floor plans, and elevations for the proposed houses shall be submitted to and approved by the Planning Commission and City Council. On motion by Councilman Dutton, seconded by Councilman Sneegas, Ten- tative Tract Map Nos. 8115, 8116, 8117 and 8134, Revision Nos. 1, were approved, subject to the conditions recommended by the City Planning Commission, with the addition of the "Hillside Development Drainage Requirement" (Condition No. 45) to replace Condition No. 8 of Tentative Tract Map No. 8115, Condition No. 9 of Tentative Tract Map Nos. 8116 and 8117 and Condition No. 7 of Tentative Tract Map No. 8134. To this motion, Councilman Thom voted "no". MOTION CARRIED. (NOTE: See Drainage Requirement - Condition No. 45 - Page No. 73-518) 73-510 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 26~ 1973~ 1:30 P.M. On motion by Councilman Sneegas, seconded by Councilman Dutton, the City Engineer was instructed to review and determine the necessity of the proposed extension of Crescent Avenue, southerly of Nohl Ranch Road. MOTION CARRIED. PUBLIC HEARING - CABLE T. V. FRANCHISe: Pursuant to Resolution No. 73R-209, public hearing was scheduled this date relative to.an ordinance proposing to grant a non-exclusive right, privilege and franchise to lay and use lines, wires, coaxial cable and appurtenances for transmitting, receiving, distributing and supplying radio, television, and other cable communication services along, across and upon the public streets, ways, alleys and places within the City of Anaheim. Assistant City Manager Davis reported that subsequent to the last pre- sentation made before the Council regarding the cable T. V. franchise, at which time some concern was expressed regarding the definition of a "declared emergency", the draft of the ordinance has been amended, to designate and define a declared emergency by reference to the appropriate section of the Anaheim Municipal Code. He thereupon offered to answer any questions which Council might have. The Mayor asked if anyone wished to address the Council regarding the proposed ordinance. Mr. Donald Kirk, 535 South Helena Street, addressed the Council and in- quired whether the proposed ordinance contained any provision for regulation of the two-way capacity of the system, or limits its use to schools. He expressed concern regarding the possibility of the two-way system being used for surveillance of private citizens and wished to know whether or not the ordinance specifically stipulates against such use. Mr. Davis advised that there is no provision in the ordinance permitting the use of the two-way cable T. V. system for surveillance, and should this use be proposed, for instance in connection with traffic intersections, it would re- quire separate Council action approving same. He remarked that the greatest pro- tection afforded the private citizen under the cable T. V. proposal is that this is to be on a subscriber basis,and if one does not wish to subscribe and pay the applicable fee, no cable service will be installed in his home. The Mayor asked if anyone else wished to address the Council; there being no response, declared the hearing closed. ORDINANCE NO. 3179: Councilman Dutton offered Ordinance No. 3179 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING THE NON-EXCLUSIVE RIGHT, PRIVI- LEGE AND FRANCHISE TO LAY AND USE LINES, WIRES, COAXIAL CABLE AND APPURTEN- ANCES FOR TRANSMITTING, RECEIVING, DISTRIBUTING AND SUPPLYING RADIO, TELE- VISION, AND OTHER CABLE COMMUNICATION SERVICES ALONG, ACROSS AND UPON THE PUBLIC STREETS, WAYS, ALLEYS, AND PLACES WITHIN SAID CITY OF ANAHEIM. AMUSEMENT DEVICES PERMIT: Application filed by Robert Dee Studer for amusement devices permit to allow approximately ten pinball and ten shooting machines at Gay 90's Fun Arcade, 132 East Lincoln Avenue, was submitted and granted subject to provi- sions of Chapter 3.24 and 4.24 of the Anaheim Municipal Code as recommended by the Chief of Police and further subject to zoning clearance, on motion by Councilman Pebley, seconded by Councilman Stephenson. MOTION CARRIED. FINAL TRACT NO. 7945: Developer, Leadership Housing Systems, Inc.; tract located on the west side of Walnut Avenue, north of Cerritos Avenue; containing one proposed R-3 zoned .lot. The City Engineer recommended approval and reported that said final map conforms substantially with the tentative map previously approved, that covenants~ conditions and restrictions have been approved by the City Attorney's Office~ re- quired fees have been paid and that bond has been forwarded to the City Attorney for approval. On recommendation of the City Engineer, Councilman Dutton moved that Final Map, Tract No. 7945 be approved subject to approval of required bond by the City Attorney. Councilman Sneegas seconded the motion. To this motion, Councilman Thom voted "no". MOTION CARRIED. 73-511 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 26~ 1973~ 1:30 P.M. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS - SEWER CONSTRUCTION - KATHRYN-LINDSAY ANNEXATION AREA: Application filed George L. Jessup, Jr., on behalf of the City of Anaheim for Exemption Declaration Status for the sewer construction project - Kathryn-Lindsay Annexation area was submitted together with recommendation of the E.I.R. Review Committee that said Exemption Status request be granted. On motion by Councilman Thom, seconded by Councilman Stephenson, it was the finding of the City Council that the impact of said project would be trivial in nature and that no environmental impact report or statement is re- quired. MOTION CARRIED. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS - SWIMMING POOL CONSTRUCTION - LOARA; MAGNOLIA; SAVANNA AND KATELLA HIGH SCHOOLS: Applications filed jointly by the Anaheim Union High School District and the Anaheim Parks and Recreation Depart- ment for Exemption Declaration Status in connection with the construction of competitive - recreational swimming pools on the grounds of Loara, Magnolia, Savanna and Katella High School facilities were submitted together with recom- mendation of the E.I.R. Review Committee that said Exemption Status request be granted. On motion by Councilman Thom, seconded by Councilman Stephenson, it was the finding of the City Council that the impact of said projects would be trivial in nature and that no environmental impact reports or statements are re- quired. MOTION CARRIED. RECLASSIFICATION NO. 72-73-34 - AMENDMENT TO CONDITIONS: Mr. Roberts reported that the language used in the wording of Condition No. 3 of Resolution No. 73R-135 (Resolution of intent, C-O, Anaheim Memorial Hospital) did not .include provision to allow the posting of bonds for street lights and recommended that said resol- ution be amended to make such provision. RESOLUTION NO. 73R-251: Councilman Sneegas offered Resolution No. 73R-251 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 73R-135 BY AMENDING CONDITION NO. 3 THEREOF. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-251 duly passed and adopted. RIGHT-OF-WAY CERTIFICATION; A.H.F.P. NO. 654: On motion by Councilman Sneegas, seconded by Councilman Stephenson, the Mayor and City Clerk, were authorized to execute a right-of-way certification for A.H.F.P. No. 654, on behalf of the City .of Anaheim. (Imperial Highway and Nohl Ranch Road). MOTION CARRIED. CHANGE ORDER NO. 1 - WORK ORDER NO. 8002 - CLAIR SUBSTATION: On report and recom- mendation of the City Engineer, Councilman Stephenson moved that Change Order No. 1, Work Order No. 8002,increasing the amount by $18,954.20, be authorized. Councilman Dutton seconded the motion. MOTION CARRIED. CHANGE ORDER NO. 1 - WORK ORDER NO. 8004 - SHARP SUBgTATION~ On report and recom- mendation of the City Engineer, Councilman Pebley moved that Change Order No. !, Work Order No. 8004, decreasing the amount by $8,215.14 be authorized. Councilman Stephenson seconded the motion. MOTION CARRIED. RESOLUTIQN NO. 73R-252 - DEEDS OF EASEMENT. Councilman Pebley offered Resolution No. ~3R-252 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Hub City Construction Co.; Lee-Roy E. & Mary L. Middleton; Walt Disney Productions) 73-512 City Hall, Anaheim~ California - COUNCIL MINUTES - June 26~ 1973~ 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-252 duly passed and adopted. RESOLUTION NO. 73R-253 - EASEMENT - DO~.GLASS STREET UNDERPASS: Councilman Sneegas offered Resolution No. 73R-253 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASE- MENT FOR PUBLIC STREET UNDERPASS PURPOSES IN CONNECTION WITH THE CONSTRUC- TION AND MAINTENANCE OF THE DOUGLASS STREET UNDERPASS. (Atchison, Topeka & Santa Fe) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-253 duly passed and adopted. PURCHASE OF EQUIPMENT - 16-INCH BRUSH CHIPPER: The Assistant City Manager reported on informal bids received for the purchase of one 16-inch brush chipper for the Parkway Maintenance Division as follows and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT~ INCLUDING TAX Asplundh Equipment, Azusa ............... $4,436.25 Dearth Machinery Co., Baldwin ............. 4,446.10 On motion by Councilman Stephenson, seconded by Councilman Sneegas, the low bid of Asplundh Equipment and Sales was accepted and purchase authorized in the amount of $4,436.25, including tax. MOTION CARRIED. PURCHASE OF SUPPLIES - MARGINALLY PUNCHED CONTINUOUS STOCK FORMS: The Assistant City Manager reported on informal bids received for the purchase of continuous stock forms as follows, and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT~ INCLUDING TAX Riccobon and Company, Los Angeles ..... $5,045.25 Moore Business Forms, Orange ....... 5,899.64 Standard Register ................... NO QUOTE On motion by Councilman Sneegas, seconded by Councilman Stephenson, the low bid of Riccobon and Company was accepted and purchase authorized in the amount of $5,045.25, including tax. MOTION CARRIED. PURCHASE OF EQUIPMENT - CAB AND CHASSI$~ 20tO00 G.V.W.: The Assistant City Manager reported on informal bids received for the purchase of one 20,000 g.v.w, cab and chassis for the Parks and Recreation Department as follows: .VENDOR TOTAL AMOUNT, INCLUDING TAX McCoy Ford, Anaheim ............... $4,237.79 Santa Ana Dodge, Santa Ana ............ 4,830.00 Vern Trider Chevrolet, Anaheim ........... 5,168.78 Anaheim Dodge ................... NO QUOTE I.H.C. - .................... NO QUOTE Woods, G.M.C ..................... NO QUOTE Mr. Davis recommended acceptance of the bid from Santa Ana Dodge as the lowest bid meeting specifications. City Hall~ Anaheim~ California- COUNCIL MINUTES- June 26, ]073, 1:30 P.M. On motion by Councilman Stephenson, seconded by Councilman Dutton, the bid of Santa Ana Dodge was accepted and purchase authorized in the amount of $4,830.00, including tax. MOTION CARRIED. PURCHASE OF MATERIAL - 69 KV - 1500 KCMIL ALUMINI~ CABLE: The Assistant City Manager reported on informal bids received ~for the purchase of 69 kv 1500 KCMIL aluminum cable for the Electrical Division as follows and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT~ INCLUDING TAX AND REEL DEPOSIT General Cable, Los Angeles ....... Graybar Electric Co., Inc., Anaheim - - - General Electric Supply Co., Anaheim .... Maydwell-Hartzell, Inc., Los Angeles .... $ 8,360.00 13,847.19 14,161.35 NO QUOTE On motion by Councilman Stephenson, seconded by Councilman Dutton, the low bid of General Cable was accepted and purchase authorized in the amount of $8,360.00, including tax. MOTION CARRIED. (]LAiNS AGAINST THE CITY: The following claims were denied as recommended by the C~t¥~ Attorney and ordered referred to the insurance carrier on motion by ~ouncihnan Pebley, seconded by Councilman Stephenson: a. Cls~u submitted b~ Johnny Curtis Ham for personal iniuries fur- ?~r~,.;d]y resulting from being u~ruck and in~ured while attempting to Manchester Avenue, on or about March 9, lq7]. b. Claim submitted by John A. and Sharon L. Ham for emotiona~ trauma uri~.,rtedly arising from the serious nature of injur~e~ sustained by their son attempting to croas Manchester Avenue, on or about March q, 1973. c. Claim submitted by William Seperak for personal property da~ agu '~ehicle in collision with school bus while in a school parking lot, em or April 1~,, ~073. MOTION CARRIED. RL.3OLUTION NO. 73R-254 - AGREEMENT WITH JACK OGBORN - PAINTING OF STREET B~NNERS: Councilman Stephenson offered Resolution No. 73R-254 for adoption. R~fer tq Resolution Book. A R~q()LUTION OF THE CiTY COUNCIl. OF THE CITY OF MNAHEIM APPROVING AND ~ I'[~r}RIZt~G TIlE EXECI~TION OF AN AGREEMENT WITH ,IACK c.~3OR~ WFi'~! [-'. ?i~?- q~; ?,'¢ ~HE PAI~qING (Ct ,'REET BANNERS. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: AB SENT: COUNC i LMEN: Steph~n3on, Snc:(gn~, P,.I~I~>, Thom Thc Mayor declared R,::<~.lutinn No. 73R-254 duly passed aid adopted. M~. 73R-255 CHANGES TO ilIE WATER RATES~ RULES AND REGULATIONS: lman Thom offered Resolut~on No. 73R-255 for adoption prey/dias tot changes No. 15 uf Lhe Water Ra[~ , Rul~:: and Regulations as amended. (Corrections Pages N{>-. .5.15.2.1, 3.i ~.:>, i.15.I0 ,-~f Exhibit No. A.) Refer RESOLUTION OF 'IHE CITY COUNCIL 0f ~}IE (,ITY OF ANAHEI,~I AMENDING RI,I',F L5 I[tg RULES AND REGULATIONS FOR WATER FACILITIES INSTALLATION AS RESOI,UTION NO. 72R-600. R(~ II Call AYE?: COUNCILMEN: NOES: ~70UNGIL~N: ABSEN']: C()UNCILMEN: · IR-255 duly p'~ssed and City Hall, Anaheim, California - COUNCIL MINUTES ~ June 26, 1973, 1:30 P.M. ~ORRESPONDENCE: The followin!: ,'<,t're~;l)Ol,d~ct~ wa. ,,rdc r(,d received and filed on motion by Cc~uncilrm-~n P~hl~v, ",',',H~h~(} by Coun~ [J,,r,~n '~l?ltenson: a. City of Los Alamitos - Resolution No. 608 - Regarding Reapportion- men~ of the State Legislature. b. City of Seal Beach - Resolution No. 2218 - Supporting Assembly Bill No. 05 of the 1973-1974 Regular Session of the California Legislature, relating re ~h~ Punishment for Felonies Committed with Firearms, and Giving Reasons There- fore. c. City of Seal Beach - Resolution No. 2216 - Opposing Employer- Employee Relations Legislation. d. City of Seal Beach - Resolution No. 2217 - Opposing the Introduction ~f J~i!!-: by the State LegJ:lature ContalnJm: I,,xt~:pr]~c~, from Senate Bill. 90 Reim- s: Cit~ , . ~l-I, k,:ol,~: i,~, ',,,. 4',5:5 - Requesting the League ~ .ni~ Citi t, i' .Lal,lish d Con~nittee on Government Economy and Efficiency. f. J~ ~ove the Public Utilities Commission - Application of Southern ~a io~-n£a Gas Company for (a) a general increase in its gas rates, and (b) for aathor~ty to include a purchased gas adjustment provision in its tariffs. g. Anaheim City School District, James D. Brier, Superintendent - Expressing appreciation on behalf of the Board of Education, for the Council's cooperation in forming a School Traffic Safety Committee. h. Financial and Operating Reports for the Month of May, 1973: City Treasurer Electrical Division Redevelopment Commission - Minutes of June 4 and 6, 1973. MOTION CARRIED. ~>RDINANCE NO. 3177: Councilman Dutton offered '.)rd~nance No. {177 !7or adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM ~UNTClPAI, CODE RELAT~NC TO ZONING. (71-~?-/', !I) R-2) Re, 1 t (~1! , : .,, ,:~?,1:):: 5Lcphen=~cn, Snc~,gas, Thom and Dutton 401:iS: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley ABSENT: COUNCILMEN: None ?i~( Mas-oi ~:c¢Lar~d Ordinance Nc,. ',t7,' dul'~ pa:,scd and ,~.,Ci., {;i, ![{k (: iY OF ANAIIEIN AM'ENDING TITLE i8 OF THE ANAHEIM CODE RELATING TO ZONING. (00-61-42 - R-J) ,A~'~, i~ . :.L,%t: Cot~ncitman q' phen,~cm offc, r(d Ordinarme No 3181 for first reading ',? ,,} l i![ I Y ciF ,",,NA[IEf~,I "I,:~;r;3:-,iC l'l'!l [,'. l,< &{;' 'It{E .ANAttEiM .... t,{ :r~a:~ 5neegas offered Ordinance No. 3182 for first reading. ,,d)l,w.~,,(,E OF THE CITY OF ANAHEIM AMENDINC FITLE 18 OF THE ANAHEIM CODE RFL^T'rNC T(, ZOriTNG. ;,.,~-(,z~-I 1~, (5) .- C-t) ;,1 ,',:, ', ;L82: Cot2ncilman !~,tcphen:~on offered Ordinance No 3183 for first reading. ~,t,~;INAJ~oE OF THE, CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM CODE RELATING TO ZONING. (66-67-61 (57) - C-R) 73-515 City Hall, Anaheim~ California - COUNCIL MINUTES - June 26, 1973~ 1:30 P.M. ORDINANCE NO. 3184: Councilman Sneegas offered Ordinance No. 3184 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-40 ~ C-i) ORDINANCE NO. 3185: Councilman Stephenson offered Ordinance No. 3185 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69 (59) - M-l) AGREEMENT - CALIFORNIA DIVISION OF HIGHWAYS - INSTALLATION OF WATER METERS: Proposed agreement between the City of Anaheim and the California State Division of Highways which provides for the City to install eight two-inch water meters and one three-inch water meter and to provide water service at certain locations within the City of Anaheim (Service Contract No. J-7162) was submitted for City Council consideration. The total estimated cost for installation of said meters including labor, materials, tools and equipment is $6,800. On recommendation of the City Attorney, Councilman Dutton moved that the City Council approve the agreement for installation of water meters pursuant to State of California, Division of Highways Service Contract No. J-7162 and authorized the Water Superintendent to execute same. Councilman Sneegas seconded the motion. MOTION CARRIED. PROJECT ALPHA: Mr. Ronald Thompson reported that the advertisements regarding the area affected by Project Alpha have gone out and a great deal of response and many inquiries have been received, most of the concern relating, to the 400-foot alignment along Lincoln Avenue and the Orange Freeway. Although it was neces- sary when project boundaries were first determined to include this strip, Mr. Thompson advised that there is no longer any need for project areas to be con- tiguous and recommended that the City Council consider deleting this portion of Project Alpha as it would eliminate a great deal of citizen concern. The area recommended for deletion is: All of the area along Lincoln Avenue from East Street to Rio Vista and all of the area from Virginia Avenue following the right-of-way of the proposed Orange Freeway to La Palma Avenue. On motion by Councilman Pebley, seconded by Councilman Dutton, the recommendation presented regarding deletion of a portion of Project Alpha along Lincoln Avenue was referred to the City Planning Commission and Redevelopment Commission for their recommendation. MOTION CARRIED. RESOLUTION NO. 73R-256 - ARCHITECTURAL SERVICES,REMODELING OF CITY HALL ANNEX: Councilman Sneegas offered Resolution No. 73R-256 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AIfTHORIZING THE EXECUTION OF AN AGREEMENT EMPLOYING D. M. BROWN, ARCHI- FECT~ A.I.A., TO RENDER ARCHITECTURAL SERVICES IN CONNECTION WITH THE REMODELING AND ALTERATION OF THE ANAHEIM CITY HALL ANNEX. (8½% of cost c~f' project) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sne~gas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-256 duly passed and adopted. FISCAL YEAR 1072-73 COUNCIL APPROPRIATIONS: Thc Finance Director reported on r~commended amendments to the 1972-73 Fiscal Year Revenue Sharing Appropriations and the inclusion of the Edison settlement into this Budget as follows and ad- ~i~ that thi~ table i~ consistent with the action taken by the City Council ~r; adopting the 1973-74 Budget: 73-516 City Hall~ Anaheim~ California - COUNC..IL MINUTES June 26~ 1973, 1:30 P.M. Budget 1972-73 Current Appropriation $50,717,723 Revised Appropriation $50,717,723 Revenue Sharing (receipts) 1,166,000 1,836,676 Edison 220KV Substation (Edison settlement) 2,135,870 Revised Appropriation 1972-73 ~ 954,690,269 On motion by Councilman Pebley, seconded by Councilman Sneegas, the Fiscal Year, 1972-73 Budget was raised from $51,883,723 to $54,690,269 in accor- dance with the appropriations shown above. MOTION CARRIED. 1972-73 FISCAL YEAR APPROPRIATION ADJUSTMENT: The Finance Director recormmended in order to met the salary commitmemts created by the unbudgeted increases approved last fall that the City Council authorize a transfer within the 1972-73 Budget of $333,000 previously allocated to the Electrical Division for purchase of power. He submitted a schedule for transfer of these funds and indicated that the only item listed thereon which does not refer to salary increases is under the Stadium, possessory interest taxes in the amount of $60,646 which item was underbudgeted by said amount. On motion by Councilman Stephenson, seconded by Councilman Sneegas, the transfer of $333,000 to various departments as indicated on the schedule submitted by the Finance Director dated June 26, 1973, was authorized. To this motion Councilman Thom voted "yes", but requested that his affirmative vote carry the same qualification as to be in conformance with his original vote on the salary increases, i.e., that it excludes the positions of the City Manager, Director of Public Works, Director of Development Services and Assistant City Manager. MOTION CARRIED. RETAINMENT OF WHITE AND STEICHEN - AUDITORS 1972-73: The Finance Director recommended the retainment of White and Steichen to perform the audit of the City of Anaheim for the Fiscal Year ending June 30, 1973 at the same fee as last year's; $9,500. On motfon by Councilman Pebley, seconded by Councilman Stephenson, the firm of White and Steichen were authorized to audit the City books for the Fiscal Year, [972-73 at a fee not to exceed $9,500. MOTION CARRIED. "DAD MILLER" GOLF TOURNAMENT: Mr. Murdochreported that the men's golf association's, of Anaheim Municipal and Anaheim Hills Golf Courses,are jointly promoting the 5th Annual Dad Miller Golf Tournament and have requested that the City act as co-spon- sor for the event. Mr. Murdoch explained that the tournament differs this year in that it is to bt a pro-am event, the professional portion being financed by various com- mercial aponsors and the amateur events sponsored by the two golf associations. On motion by Councilman Dutton, seconded by Councilman Stephenson~ the City' Council agreed to jointly sponsor the 5th Annual Dad Miller Golf Tournament, without financial participation. MOTION CARRIED. APPOINTMENTS TO CULTURAL ARTS COMMISSION: The following members of the Cultural Arts Commission whose terms expire June 30~ 1973 were reappointed to the Cultural Arts Commission for the ensuing term ending June 30, 1977, on motion by Councilman Thom, seconded by Councilman Pebley: Earl E. Dahl; Ruth Salaets; Paul King and Ragon Flannery. MOTION UNANIMOUSLY CARRIED. APPOINTMENTS TO COMMUNITY REDEVELOPMENT COMMISSION: The following members of the Community Redevelopment Commission whose terms expire June 30, 1973 were reappoin- ted for the ensuing term June 30, 1977, on motion by Councilman Thom, seconded by Councilman Stephenson: I. Gene McDaniel and James L. Morris. MOTION UNANI- MOUSLY CARRIED. 73-517 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 26? 19737 1:30 P.M. APPOINTMENTS TO THE LIBRARY BOARD OF TRUSTEES: The following members of the Library Board of Trustees whose terms expire June 30, 1973 were reappointed to the Board for the ensuing term ending June 30, 1977, on motion by Councilman Stephenson, seconded by Councilman Thom: Elizabeth J. Schultz and Earl E. Dahl. MOTION UNANIMOUSLY CARRIED. APPOINTMENTS TO THE CITY PLANNING COMMISSION: (By Minute order, July 10, 1973, the following action appointing Planning Commissioners for the ensuing term ending June 30, 1977 was ordered recorded verbatim. The following was transcribed from a tape recording of said meeting.) MAYOR DUTTON: 'The Planning Commission, we have two, Miriam Kaywood and Lenzi Allred. COUNCILMAN PEBLEY: I have one man I'd like to nominate on that. MAYOR DUTTON: All right let's hear it. COUNCILMAN PEBLEY: This guy has,in 12½ years that I have been setting up here as a Commissioner and a Councilman, I don't think he's missed very few Council Meet- ings, I think he's lived in Anaheim 25 years, I think he understands government by setting here through all these meetings, I think he understands the philosophy of this Council and I therefore would like to throw the name in the hat of Paul King. MAYOR DUTTON: In whose place, we've got two. COUNCILMAN PEBLEY: I'd also like to nominate Lenzi Allred, I've served with Lenzi for 3½ years and I also would like to nominate him. You guys can nominate who else you want but I throw these two in for nomination. MAYOR DUTTON: Reappoint Lenzi Allred is what you're saying and Paul King in Miriam Kaywood's. Any objections COUNCILMAN PEBLEY: No, that's just two in nomination, I got in there. PAUSE COUNCILMAN STEPHENSON: Ok with me. MAYOR DUTTON: Any objections? COUNCILMAN SNEEGAS: Move it be closed, nominations be closed. MAYOR DUTTON: They're closed. Ail in favor? Aye s. MAYOR DUTTON: Opposed? That's it." GOVERNMENT SPENDING: Councilman Dutton referred to the following articles: "Busi nessmen Plead for San Francisco Redevelopment Funds", San Francisco Chronicle, June 19, 1973, and "Grave Threat to Urban Renewal", San Francisco Examiner, June 15, 1973 and read portions of same in an attempt to illustrate the major role in economic development played by the Federal Government in cooperation with local governments. He then referred to excerpts of a speech entitled "Government, can we afford it?" given by Mr. Larry Sierk, Executive Vice President of the Anaheim Chamber of Commerce and published in the Anaheim Bulletin, June 21, 1973. According to the article, Mr. Sierk advocates the curbing of governmental spend- ing and urges a letter writing campaign to reverse the spending trend. Councilman Dutton took exception to the remarks attributed to Mr. Sierk due to ~e fact that the Anaheim City Council recently agreed to financially assist t~e Anaheim Chamber of Commerce in an economic promotional program at an estim- ated cost of $70,000, and moved to rescind the $97,000 allocated to the Chamber of Commerce in the forthcoming budget for community promotion. (No second to said motion.) 73-515 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 26~ 1973, 1:30 P.M. RECESS - EXECUTIVE SESSION: At the request of the City Manager, Councilman Stephenson moved to recess to Executive Session. Councilman Thom seconded by motion. MOTION CARRIED. (5:20 P.M.) AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present. (5:24 P.M.) ADJOURNMENT: Councilman Stephenson moved to adjourn. Councilman Sneegas seconded the motion. MOTION CARRIED. Adjourned: 5:25 P.M. CONDITION NO. 45 -- Drainage Requirements That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th un- less all required off-site drainage facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as ~ approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agree- ments may be made available to the developers of said property upon their request. Signed City !~'~5' !i~[1, Anaheim~ California - COUNCIL MINUTES - July 3, 1973, 1:30 P.M. The City Council of thc City of Anaheim met in ~'egular PRESENT: ABSENT: PRESENT: COUNCILMEN: Stephenson, Pebley, Thom and Sneegas COUNCILMEN: Dutton CITY MANAGER: Keith A. Murdoch ASSISTANT CITY ATTORNEY: Alan R. Watts CITY CLERK: Dene M. Daoust CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts RECREATION SUPERINTENDENT: Lloyd J. Trapp Mayor Pro Tem Sneegas called the meeting to order. INVOCATION: Reverend Dick Alexander of the First Christian Church gave the Invocation. FLAG SALUTE: Councilman Mark A. Stephenson led the Assembly in the Pledge of Allegiance to the Flag.