1974/06/1874-612
City Hall~.Anaheim, California - COUNCIL MINUTES - June 11~ 1974~ 1:30 P.M.
to purchase the City-owned property at Pauline Street and La Palma Avenue. She
asked whether the Council could recommend a site which would be suitable for
her needs and within her financial.ability or could direct her to someone who
might be able help.
Councilman Seymour suggested that Mrs. Hosea contact the Anaheim
Chamber of Commerce, as this is one of their functions.
ADJOURNI/ENT: Councilwoman gaywood moved to adjourn to Tuesday, June 18, 1974, at
1:00 P.M. Councilman Sneegas ~econded the motion. HOTION CARRIED.
Adjourned: 8:00 P.M.
Signed ~Y~~ )2'7. ~~
City Clerk
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 18~ 1974~ 1:00 P.M.
The City Council of the City of Anaheim met' in Adjourned Regular
Session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom
COUNCIL M~MBERS: Pebley
ASSISTANT CITY MANAGER: Robert M. Davis
CITY ATTORNEY: Alan R. Watts
CITY CLERK: Aloha M. Hougard
CITY ENGINEER: James P. Maddox
SENIOR RIGHT OF WAY REPRESENTATIVE: Matthew Boscia
RIGHT OF WAY REPRESENTATIVE:` J°hn BrUns
Mayor Thom called the meeting to order at 1:00 P.M. and announced that
this Adjourned Regular Session was called to conduct a public sale of
City-owned property.
On request of the Mayor, the City Attorney outlined the following
ground rules which would applyto the conduct of this sale and recom-
mended that the Council adopt and employ same:
1. That the'sale is predicated upon the fact that the City Council
will reserve the right to reject all bids irrespective of amounts of said bids.
2. That a good-faith deposit be presented to the City this date by
the successful bidder, in the amount of $1,000, said amount to be forfeited in
the event the transaction is not const~m~ted due to default by the buyer. (At
the request of Councilman Sneegas, the City Attorney clarified that if for some
reason the City cannot perform as expected pursuant to the sales agreement,
then the $1,000 deposit would be refundable.)
3. That the transaction is to be completed within 30 days of this
date or by such further time as both the City and the purchaser may agree.
4. That during the bidding process, the amount which any bidder may
offer in response to a preceeding bid shall be a minimum of $50 higher.
The Council, by general consent, indicated agreement with the ground
rules recommended by the City Attorney and established that the public sale of
property would be conducted in accordance with same.
Councilman Sneegas indicated that it had also previously been estab-
lished that.the lowest bid to be accepted this date for the property in question
would be a $8,751.
Due to the factthat there was some confusion amoung the members of
the public present as to which City-owned parcel was offered for sale this
date, the Mayor explained that the City is offering the parcel located at
Cerritos and Nutwood, which is 8,720-square feet in size and at the time of
acquisition by the City, was a well site which has since been capped. Brief
descriptions of the property were distributed to those interested.
I . J II JJ I ._ ~l .__l_J T r I ~ I ,
74-613
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 18~ 1974~ 1:00 P.M.
Relative to the confusion regarding which parcels would be offered
for sale, Mr. Watts explained that apparently a news article reported incorrect
information; that the only parcel advertised for public sale this date was the
Cerritos-Nutwood property.
The Mayor then called for bids. Several oral bids were received from
the following bidders, the highest of each being as shown below:
Mr. Solb0dkin
Adrian Construction Company
Mr. John KraJac~c
$10,100
10,900
11,000
There being no further bids received, the Mayor declared the property
sold to Mr. Krajacic for the sum of $11,000. A cashier's check in the amount
of $1,000 was accepted from Mr. Krajacic.
Assistant City Manager Robert Davis suggested, in light of the fact
that several people did attend this meeting to bid on one or more of the eight
remaining parcels declared surplus to the City's needs, that the Council consid-
er advertising these for sale at similar public sales to be held at a future
date.
Following brief Council discussion of the methods and rules to apply
to such sale, Councilman Seymour moved that the eight remaining parcels from
the original list declared surplus on April 2, 1974, (Council Minutes,'page
74-319) be advertised at minimum bid prices; inviting written sealed bids
accompanied by deposit; further advertising the fact that there will be public
sale at which time there will be verbal bidding from'the floor; both verbal and
written bids to be secured by a $1,000 cashier's check or money order.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
The Council determined that said public sale will be conducted at an
Adjourned Regular Council meeting on Tuesday, July 2, 1974, 10:00 A.M.
ADJOURNMENT: Councilman Sneegas moved to adjourn. Councilman Seymour seconded the
motion. MOTION CARRIED.
Adjourned: 1:29 P.M.
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 18~ 1974~ 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Pebley (entered 1:38 P.M.),
Sneegas and Thom
ABSENT: COUNCIL MEMBERS: None
PRESENT: ASSISTANT CITY MANAGER: Robert M. Davis
CITY ATTORNEY: Alan R. Watts
CITY CLERK: Aloha M. Hougard
CITY ENGINEER: James P. Maddox
ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson
DEPUTY CITY ATTORNEY; Mac Slaughter
ZONING SUPERVISORs Charles Roberts
PIANNING SUPERVISOR: Don McDaniel
Mayor Thom called the meeting to order.
II~OCiTIONI Reverend Wayne Faust of th~ First Presbyterian Church gave the
Invocation.
74-614
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 18~ 1974~ !:30 P.M.
FLAG SALUTE: Councilwoman Kaywood led the Assembly in the Pledge of Allegiance to the Flag.
RESOLUTION OF ENDORSEMENT: A resolution commending and endorsing patriotic
observance of the 198th Independence Day by the ringing of bells at
2:00 p.m. Eastern Daylight Time and 11:00 a.m. Pacific Daylight Time
was unanimously adopted by the City Council.
RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations for the Anaheim
plant of the Delco-Remy Division of General Motors Corporation in deference to
the high level of professional competence of this company since they began pro-
duction of domestic automotive batteries in May of 1954, was unanimously adopted
by the City Council and presented to Mr. Clyde Haugin by the Mayor.
MINUTES: Minutes of the Anaheim City Council Regular Meeting held May 7, i974, and
Adjourned Regular Meeting held May 28, 1974, were approved, on motion by
Councilwoman Kaywood, seconded by Councilman Sneegas. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pebley moved to waive the
reading in full of all ordinances and resolutions, and that consent to the waiver
of reading is hereby given by all Council Members unless, after reading of the
title, specific request is made by a Council Member for the reading of such
ordinance or resolution. Councilwoman Kaywood seconded the motion. MOTION UNANI-
MOUSLY CARRIED.
REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount
of $1,431,273.12, in accordance with the 1973-74 Budget, were approved.
AREA DEVELOPMENT PLAN NO. 114: To provide circulation and access for the area bounded
by the northerly extension of Grove Street to the west, Miraloma Avenue to the
north, Tustin Avenue to the northeast, The Atchison, Topeka and Santa Fe Rmilroad
on the southeast and La Palma Avenue to the south.
Approval of Exhibit "C" (modified) recommended by the City Planning
Commission. Said Area Development Plan was considered at public hearing on
June 11, 1974, at which time the hearing itself was closed and the decision con-
tinued to this date in order to give the City Attorney time to meet with the
involved parties and to investigate and determine the City's recorded drainage
and road easement rights.
Mr. Roberts reported that there are some matters unresolved yet which
require additional discussion and a meeting has been arranged for this purpose
with Mr. Hurwitz and the other two affected property owners. Staff recommends
that the decision on Area Development Plan No. 114 be continued for two weeks
pending resolution of these matters and reported that the two affected property
owners indicate no opposition to such continuance.
On motion by Councilman Seymour, seconded by Councilman Sneegas, the
decision on Area Development Plan No. 114 was continued to July 2, 1974. MOTION
CARRIED.
RECLASSIFICATION NO. 73-74-56~ VARIANCE NO. 2600 AND ENVIRONMENTAL IMPACT REPORT NO.
125. (Considered at public hearing on June 11, 1974 and action on decision con-
tinued to this date to allow the developer time to revise the plot plan of Tract
No. 8672 so that one-story homes would be placed on lots abutting Tract No. 7569
and to submit sight line studies for any proposed two-story homes abutting said
tract for Council approval.) Said reclassification and variance were submitted
by the Grant Corporation for a change in zone from R-A to R-H=10,000 and the
following Code waiver to construct a subdivision containing 86 R-H-10,000 zoned
lots on the north and south sides of Nohl Ranch Road, westerly of the intersection
of Imperial Highway and Nohl Ranch Road, together with Environmental Impact
Report No. 125:
a. Requirement that single-family residential structures rear on an
arterial highway.
The City Planning Commission, pursuant to Resolution Nos. PC74-98 and
PC74-99, recom~nded that E.I.R. No. 125, supplementing E.I.R. No. 80, be
certified and further that Reclassification No. 73-74-56 be approved and Variance
No. 2600 granted, subject to conditions as set forth in said Planning Commission
resolutions.
74-615
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 18~ 1974~ 1:30 P.M.
The Mayor recognized Mr. Tony Allen, Grant Corporation, who advised
that at Council's suggestion they have revised the plot plan for Tract No. 8672
and consequently have been able to place one-story homes on all of the lots
abutting Tract No. 7569 (i.e., Lot Nos. 30, 35, 37, 38 and 39 of Tract No. 8672)
with the exception of Lot No. 29 because of insufficient depth, as even with a
reduced front setback, this particular lot cannot accommodate one of the West-
ridge single-story homes. He advised that there would be two lots above Lot
No. 29 which would be partially affected. The sight line study indicates that
the peak of the roof of this two-story will be raised above the ground level of
Lot Nos. 82 and 83 of Tract No. 7569 an average of two feet (one foot at some
locations and three in others). Mr. Allen indicated that in'his opinion, this
two-story home will not interfere with anyone's view and that those properties
would certainly still be considered view lots. He related that the premiums
paid for a view by homeowners in this tract were minimal.
In response to Councilman Thom,. Mr. Allen indicated that the owners
of Lot No. 83 paid $1,500 and Lot No. 82 paid $2,500. In addition he read the
statement which was signed at the time of purchase disclaiming any representation
as regards the view of these lots.
Councilwoman Kaywood was of the opinion that people in general believe
they are being dealt with in good faith, and since the Grant Company knew in
advance that something was going to be built behind the homes on Westridge
Circle, whereas the potential buyers did not, this is not demonstrative of good
faith or integrity.
Mr. Allen replied that the reason that the. view premiums paid in the
Westridge tract were much lower than usual was this very fact, that it was
anticipated at that time that something would be built on the property which
comprises Tentative Tract No. 8672.
Councilwoman Kaywood advised Mr. Allen that she has received telephone
calls regarding fill and grading of Tract No. 8672 and in particular that the
soil was not compacted after each of the three fills but only the third time.
Mr. Allen replied that this is inaccurate; that the soil was compacted
each time and compaction reports are available to this effect. He advised that
the Soil Engineer has the responsibility for testing and the compaction per-
formed has been certified by that firm. He assured Councilwoman Kaywood that
he would provide her with copies of said reports.
The sight line study of the two-story home proposed to be placed on
Lot No. 29 was posted on the wall and Mr. Allen described the affect on Lot
Nos. 82 and 83 of Tract No. 7569 from the worst possible vantage point on the
lots above, this being a roof line jetting three feet above the ground level.
He pointed out that this roof would be located 60 feet back from the rear
property lines of these two affected lots.
Councilwoman Kaywood requested that one of the affected property
owners, Mr. Steve Nasser, 465 Westridge Circle, be permitted to speak.
Mr. Nasser submitted descriptive literature of the No. Four Plan, one-
story Westridge home which the Grant Company intends to place on Lot No. 29 and
this was reviewed by Council. He pointed out that in the architect's line
drawing the roof has a level line and that this 40-foot expanse of roof will
jet up three feet along everY part of his property. Mr. Nasser reiterated the
complaints regarding the grading operation and the sales person's representations
which he had outlined at the public hearing on June 11, 1974. He was adamant
that the three foot of roof which will stick above the grade level along his
property line will destroy the view. Further he advised that he would not have
purchased this home without a view and that if he had known homes would be
built behind him he would have fenced and landscaped his rear yard in a different
manner. He related that he signed the letter referred to by Mr. Allen in good
faith and because of the reputation for integrity which the Grant Company had.
He requested that the Grant Company consider lowering the level of the lot
which would affect his home by three feet.
Councilman Pebley was of the opinion that if the roof of the home below
is only three feet above the Nasser lot pad, that would still be considered a
view lot.
74-616
City Hall~ Anaheimm California - COUNCIL MINUTES - June 1gm 1974~ 1:30 P.M.
Mr. Allen advised, in response to Mr. Nasser's comments, and in partic-
ular reference to the allegations made that grading on Tract No. 8672 was done
without a permit, that this grading was done under a County of Orange grading
permit and letter agreement with the City of Anaheim. He assured Mr. Nasser
that if it were at all possible to place a one-story home on Lot No. 29, they
would be more than happy to do so. In answer to the request that the grade
level of Lot Pad No. 29 be lowered three feet, Mr. Allen stated that this would
not be possible without regrading and changing the elevations of all pads on
the street because of the drainage situation.
Councilwoman Kaywood asked if Mr. Allen anticipated any settling
problem because of the land fill on this tract and further questioned who would
be responsible in the event there is a problem.
Mr. Allen answered that the Grant Company has hired experts to control
these cut and fill operations and to perform the necessary soil testing. He
indicated that the fill operation on Tract No.'8672 is not deep in relation to
a great number of fills throughout the City and County and there is in fact
nothing unusual about it.
Councilwoman Kaywood inquired whether the Grant Company will require
the potential buyers of homes in Tract No. 8672 to sign waivers regarding dirt
fills, to which Mr. Allen replied that his company does not require people to
sign a waiver of that nature upon purchasing a home. He reiterated that they
hire professionals who do certify to the work being done properly.
Councilwoman Kaywood advised that she was concerned that the responsi-
bility for any problems not fall back upon the City of Anaheim and she asked
Mr. Allen if he would stipulate that any settling problems within said tract
would be satisfied by the Grant Company.
Mr. Allen deferred to the attorney for Grant Company of California,
Ms. Marlene Fox, who advised that it would be impossible for a developer to
enter that type of stipulation since each individual liability case depends
entirely upon the facts involved and she pointed out that there are very many
different possible causes and sources of liability in that kind of situation.
Further, Ms. Fox stated that California Law as far as product liability is very
clear when it concerns design defects - the party responsible is the one liable,
and this would be in some cases the Grant Company but not necessarily in all,
since there are subcontractors and others hired to perform various phases of
development. She reiterated that it would be impossible for the Grant Company
to enter into such a stipulation and added that nothing of that nature has ever
been required of a developer before in California or any other state.
Ms. Fox further pointed out that throughout the public hearing and
again today she had heard a number of unsubstantiated allegations from the
homeowners in opposition but not one supported fact of evidence. She indicated
from her own personal experience that she felt Mr. Nasser'.s view would not be
impaired by a roof which sticks up above the ground level three feet.
Councilwoman Kaywood indicated that she was not at all happy with
what she had heard regarding the view lots and felt that the Grant Company
should have informed the buyers of these lots that they intended to build in
one year from the time of purchase on the property which was at that time a
steep canyon. She stated that she would have signed such a statement assuming
that the view would remain.
Councilman Sneegas stated that he felt the Council had sufficient
information and discussion of the matter to make their own decision regarding
the view lot situation. He indicated that there must be some integrity between
both buyer and seller and although he does not totally agree with the conditions
as they are, he did not totally disagree either. He felt that perhaps Mr.
Nasser should consider having his home professionally appraised both before and
after Lot No. 29 in Tract No. 8672 is developed to ascertain whether or not he
would have a case and any further recourse would be a civil matter between
himself and the Grant Company of California.
74-617
F
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 18~ 1974~ 1.:30 P.M.
In answer to Councilman Seymour, Mr. Allen described the dimensions
of the two single-story homes and the dimensions of Lot No. 29; the Plan Two home
being 49-feet wide by 62-feet long and Plan Four home 53-feet wide and 47-feet
deep; the lot from front curb line to the back of the hill being 82 feet.
Councilman Seymour remarked that he was satisfied that the City
Council had done all that they could to protect the view lots in the adjacent
tract and he stated he could appreciate Mr. Nasser's concern and that he wished
there was another way to alleviate the situation.
CERTIFICATION - ENVIRONMENTAL 'IMPACT REPORT NO. 125: Environmental Impact Report
No. 125 supplementing Master E.I.R. No. 80 having been reviewed by the City staff
and recommended by the City Planning Commission'to be in compliance with City
and State Guidelines and the State of California Environmental Quality Act, the
City Council acting upon such information and belief does hereby.certify that
E.I.R. No. 125 is in compliance with the California Environmental Quality Act
and City and State Guidelines, on motion by Councilman Seymour, seconded by
Councilman Sneegas. MOTION CARRIED.
Mr. Roberts reported, prior to any Council action, that should the
subject reclassification be approved this date it would be appropriate to
delete Condition No. 1 as it applies only to Tentative Tract No.'8533 and can
be added to the conditions of approval of said tract. It would also be appropri-
ate to add the usual condition requiring approval of house plans and elevations
prior to reading of the ordinance. Further he indicated it would be im accor-
dance with Council's recent direction to add a condition regarding a slope
planting guarantee and perpetual maintenance arrangement.
RESOLUTION NO. 74R-281: Councilman Seymour offered Resolution No. 74R-281 for
adoption, authorizing the preparation of the necessary ordinance, changing the
zone as requested, subject to the conditions recommended by the City Planning
Commission, amended as follows, and further subject to the revised plot plan
submitted this date indicating one-story homes on Lot Nos. 30, 35, 37, 38 and
39 and two-story home on Lot No. 29 of Tract No. 8672 and sight line study for
Lot No. 29:
1. That final tract maps 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.
2. That some provisions, acceptable to the City Council, shall be
made for the landscaping and maintenance of the slopes within and/or created by
the development of'this property.
3. That final floor plans and elevations shall be submitted to and
approved by the City Council.
4. That 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
an easement for pipe line and incidental purposes onthe date of this resolution.
Said offer to dedicate shall be irrevocable for a period of 20 years and may be
accepted by the City of Anaheim at such time as it is determined that develop-
ment 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.
5. 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.
6. That fire hydrants shall be installed and charged as required and
determined to be necessary by the Chief of the Fire Department prior to commence-
ment of s~ructural framing.
7. That all lots within this tract shall be served by underground
utilities.
8. That all air-conditioning facilities shall be properly shielded
from view and the sound buffered from adjacent properties.
9. That subject property shall be developed substantially in accor-
dance with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 and 2, and substantially in accordance with floor plans and
elevations approved for the Westridge Development west of subject property.
~ ] 1 1 Ilil
74-618
City Hall, Anaheim, C.alifornia - COUNCIL MINUTES - June 18, 1974, 1:30 P.M.
10. That single-story dwellings shall be constructed on all lots
abutting the west boundary of Tentative Tract No, 8672 except for Lot No. 29
where a two-story dwelling may be constructed provided the height of the dwelling
is in conformance with the approved "line of sight" exhibit (Exhibit No. 2)
submitted bythe petitioner.
11. Prior to the introduction of an ordinance rezoning subject prop-
erty, Condition Nos. 1, 2, 3, and 4, above-mentioned, shall be completed. The
provisions or rights granted by this resolution shall become null and void by
action of the City Council unless said conditions are complied with within one
year from the date hereof, or such further time as the City Council may grant.
12. That Condition Nos. 7, 8, 9, and 10, above-mentioned, shall be
complied with prior to final building and zoning inspections.
13. That ordinances reclassifying the property shall be adoPted as
each parcel is ready to comply with conditions pertaining to such parcel;
provided, however, that the word "parcel" shall mean presently existing parcels
of record and any parcel or parcels approved by the City Council by parcel map
or subdivision map.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING
THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED
AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (73-74-56 -
R-H~10,O00)
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL HEMBERS:
Kaywood, Seymour, Peble~, Sneegas and Thom
None
None
The Mayor declared Resolution No. 74R-281 duly passed and adopted.
RESOLUTION NO. 74R-282: Councilman Seymour offered Resolution No. 74R-282 for
adoption, granting Variance No. 2600, subject to the following conditions.
1. That this variance is granted subject to the completion of Reclass-
ification No. 73-74-56.
2. 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, and substantially in accordance with floor plans and
elevations approved for the Westridge Development west of subject property,
provided, however, that insulation shall be provided in the ceilings and walls
of the two homes siding on arterial highways, as well as double-pane windows in
the walls facing the arterial highways, to properly sound buffer the two lots
affected, as stipulated to by the petitioner.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO.
2600.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Seymour, Pebley, Sneegas and Thom
COUNCIL MEMBERS: 'Kaywood
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 74R-282 duly passed and adopted.
TENTATIVE TRACT NO. 8672 (RECLASSIFICATION NO. 73-74-56, VARIANCE NO. 2600, E.I.R.
NO. 125}.: Developer, R. H. Grant Corporation; property located..!n the north side
of Nohl Ranch Road, west side of Imperial Highway; and contains-4-~ proposed
R-H-10,O00 zoned lots. '~1
The City Planning Commission at their meeting held May 13, 1974,
approved said tentative map, subject to conditions.
74-619
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 18~ 1974~ 1:30 P.M.
Report was also submitted from the City Engineer reco-~ending that
the developer of Tract No. 8672 pay to the City of Anaheim 35¢ per square foot
of area of the westerly half of the Imperial Highway median as the tract's
share of the cost of landscaping the median island.
On motion by Councilman Sneegas, seconded by Councilman Pebley,
Tentative Map, Tract No. 8672 was approved, subject to the recommendations of
the City Planning Commission, as amended, and the additional condition as
recommended by theCity Engineer, as follows:
1. That the approval of Tentative Map of Tract No, 8672 is granted
subject to the approval of Reclassification No. 73-74-56 and Variance No. 2600.
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 in accordance with City Council policy, a 6-foot masonry
wall, or an alternative approved by the Development Services Department, shall
be constructed on the east property line 'separating Lot Nos. 13 thru 19 and
Imperial Highway, and on the south property line separating Lot Nos. 1, 12 and
13 and 39 thru 41 and Nohl Ranch Road. Subject wall shall be measured from the
highest finished grade level of subject property or the adjacent roadways,
whichever is highest. Reasonable landscaping, including irrigation facilities,
shall be installed in the uncemented portion of the arterial highway parkway
the full distance of said walls; plans for said landscaping to be submitted to
and subject to the approval of the Superintendent of Parkway Matntenance.
Following installation and acceptance, the City of Anaheim shall assume the
responsibility for maintenance of said landscaping.
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 any proposed covenants, conditions and restrictions shall be
submitted to and approved by the City Attorney's Office prior to City Council
approval of thel~final tract map, and, further, that the'.approved covenants,
conditions and restrictions shall be recorded concurrently with the final tract
map.
7. That prior to filing the final tract map, the applicant shall
submit to the City Attorney for approval or denial a complete synopsis of the
proposed functioning of the operating corporation,, including but not limited to
the articles of incorporation bylaws, proposed methods of management, bomding
to insure maintenance of common property and buildings, and such other informa-
tion as the City Attorney may desire to protect the City, its citizens, and the
purchasers of the project.
8. That street names shall be approved by the City of Anaheim prior
to approval of a final tract map.
9. That the owner(s) of subject property shall pay to the City of
Anaheim the appropriate park and recreation in-lieu feesas determined to be
appropriate by the City Council, said fees to bepaid at the time the building
permit is issued.
10. That drainage of subject 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 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 the commencement of grading operations. The required
drainage facilities shall be of a size and type sufficient to carry runoff
waters originating from higher properties through said property to ultimate
disposal as approved by the City Engineer. Said drainage facilities shall be
the first item of construction and shall be completed and be functional through-
out the tract and from the downstream boundary of the property to the ultimate
point of disposal prior to the issuance of any final building inspections or
occupancy permits. Drainage district reimbursement agreements may be made
available to the developers of said property upon their request.
74-620
City Hall, Anaheim, California - COUNCIL MINUTES - June 18} 1974~ 1:30 P.M.
11. 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 Aha River by
storm water originating from or flowing through this project.
12. That all streets shall be constructed in accordance with City of
Anaheim standard details.
13. That fire hydrants shall be installed and charged as required and
determined to be necessary by the Chief of the Fire Department prior to commence-
ment of structural framing.
14. That vehicular access rights, except at street and/or alley open-
ings, to Imperial Highway and Nohl Ranch Road shall be dedicated to the City of
Anaheim.
15. That prior to the approval of a final tract map, the owner(s) of
subject property shall make 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 an easement for pipe line and
incidental purposes on the date of this resolution. Said offer to dedicate
shall be irrevocable for a period of 20 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.
16. That a minimum 20 scale plot plan showing all on-site improvements
including cave overhang and proposed location of air-conditioning equipment be
submitted for building permits.
17 That the developer of Tract No. 86'72 shall pay to the City of
Anaheim $0.35 per square foot of area of the westerly half of the Imperial
HighwAy median as the tract's share of the cost of landscaping the median island.
18. That prior to approval of the final tract map, the petitioner
shall submit final floor plans and elevations to the City Council for approval.
19. That prior to approval of the final tract map, the petitioner
shall make some provision, acceptable to the City Council, for landscaping and
maintenance of the slopes within and/or created by the development of this
property.
MOTION CARRIED.
CONTINUED PUBLIC HEARING. - RECLASSIFICATION NO. 73-74-27~ VARIANCE No. 2565~ ENVIRON-
MENTAL IMPACT REPORT NO. 107 (TENTATIVE TRACT NO. 8511): Submitted by Prudencio E.
Yorba, for a change in zone from County of Orange A-1 to City of Anaheim R-2
and certain Code waivers to establish a 248-unit multiple-residential development
on the south side of Imperial Highway, northwesterly of the intersection of
Orangethorpe Avenue and 'Imperial Highway. Continued from the meeting of February
19, 1974 and April 23,'1974, for submission of revised plans.
The City Clerk advised that these revised plans have been submitted
and they are entirely different from the original, therefore, the matter is
again co~ing before the Plamning Commission for public hearing and recommenda-
tion. It is recommended by Development Services Department that Council
continue these items to July 23, 1974 to allow time for readvertising.
On motion by Councilwoman Kaywood, seconded by Councilman Seymour,
the City Council continued public hearing on Reclassification No. 73-74-27,
Variance No. 2565 and action on Envirommental Impact Report No. 107 and Tentative
Tract No. 8511 to July 23, 1974. MOTION CARRIED.
REHEARING - CONDITIONAL USE PERMIT NO. 1461: Submitted by William R. Whitla to
permit on-sale beer and wine in an existing restaurant on C-1 zoned property
located at the northeast corner of La Palms Avenue and Acacia Street.
The City Planning Commission, pursuant to Resolution No. PC74-75,
denied Conditional Use Permit No. 1461 and appeal from action taken by the City
Planning Commission was filed by Leonard Smith, Agent for the Applicant, and
public hearing held on May 14, 1974 at which time the City Council, pursuant to
Resolution No. 74R-221 denied Conditional Use Permit No. 1461.
The Applicant's Agent, Leonard Smith, requested rehearing at the
meeting of May 21, 1974 which was granted and scheduled this date.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - June 18~ 1974~ 1:30 P.M.
The proposed activity was determined by the Director of Development
Services as falling within the definition of Section 3.01, Class No. 1 of the
City of Anaheim Guidelines for requirements for an E.I.R. and this determination
was ratified by the City Council at the meeting of May 14, 1974.
The City Clerk submitted correspondence received from Jack Sarnicky,
Principal, Thomas A. Edison School, 1526 East Romneya Drive, in opposition to
Conditional Use Permit No. 1461.
Mr. Leonard Smith, 125 South Claudina Street, Agent for the Applicant,
submitted as new evidence,a letter from the City Attorney Alan Watts stating
that in the event that there is.request for a transfer of an on-sale beer and
wine license, Section 23987 of the Business and Professions Code.provides that
when the Alcoholic Beverage Control Board receives application for transfer,
notice of this is immediately mailed to the Chief of Police and City Council.
Mr. Smith stated that this should satisfy the Council's concern as expressed at
the hearing regarding what control the council would have over any such transfer.
Further Mr. Smith stated that the Applicant, Mr. Cozza, (Mr. Whitla is the
owner of the property and consequently the conditional use permit application
must be made in his name) has stipulated to accepting certain conditions 'to be
imposed on the conditional use permit and if these conditions of operation are
not met by any subsequent owner, the Council would have the prerogative of
terminating the conditional use permit.
Councilwoman Kaywood called attention to the fact that the s~atus of
landscaping and condition of the trash enclosure at subject property leave much
to be desired and that nothing has been done to rectSfy this situation in the
past two months. Councilwoman Kaywood remarked that she could understand the
concerns of the area residents regarding the future uses of the conditional use
permit, in dealing with a landlord who has exhibited this type of disregard and
poor maintenance. She pointed out.that mistakes can happen and indicated a
item on this date as an illustration of a conditional use permit for a beer bar
which was not followed up after transfer of the ownership. She related that
she had no qualms at all regarding the type of business which would be conducted
by Mr. Cozza, but wanted to be very sure the future owners continue the same
family type dining atmosphere.
Mr. Smith advised that the landscaping and trash enclosure are the
responsibilities of the landlord, Mr. Whitla, and advised that Mr. Cozza, as a
tenant, has refused to pay his landscaping maintenance charge until Mr. Whitla
takes some steps to improve conditions.
The Mayor asked if anyone else in favor of the application wished to
address the Council.
Mr. Joseph Harberth, 505 East Commonwealth Avenue, Fullerton, Attorney
for Mr. Cozza, stated that it appears to him from the tenor of the discussion
that the primary concern of the City Council is regarding the longevity of the
conditional use permit as far as subsequent owners are concerned and he reiter-
ated that the investigation process is automatically initiated with any applica-
tion for transfer of the on-sale beer and wine license. Further, a condition
of approval of the license would be that any conditional use permit in effect
be continued, and the Council has the final determination in that regard. He
reiterated that his client is willing to accept stipulations and conditions in
his permit, which would have to be satisfied as well by any subsequent owner.
Mr. Harberth noted that the evidence presented previously indicated
that the operation had not created any law enforcement problems, parking is
adequate and creates no additional traffic problems.
Mr. Watts suggested that Council could impose a time limitation on
the conditional use permit, and this.would require review and extension on the
experiation of said period.
Mrs. Jean Morris, 400 Torrey Pine Circle, speaking on behalf of
herself and Mrs. Mary Dinndorf, President of the Santa Ana Canyon Improvement
Association, Inc., stated that they do believe that the transfer of this opera-
tion would be suitably controlled by the Alcoholic Beverage Control Board and
they are in favor of the granting of this conditional use permit.
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City Hall, A~mheim~ California - COUNCIL MINUTES - June 18, 1974~ 1:30 P.M.
The Mayor asked if anyone in opposition wished to address the Council.
Reverend Father Lawrence Beard, representing the Pastor, Reverend
Father Nash, St. Anthony Claret, Roman Catholic Chruch, 1450 East La Palma
Avenue, reasserted their opposition to the granting of Conditional Use Permit
No. 1461, which would permit a beer and wine license in an existing restaurant
in their neighborhood. He clarified that they are opposed to the permit itself
and not to those individuals seeking same. He indicated that they are opposed
because of the precedents which would be set and the trend which might be
initiated to granting permits for this type of use in the future. He pointed
out that their church is not the sole opponent, but that two schools, Edison
and Sycamore have also registered opposition.
Father Beard stated that they are opposed as neighbors who should
have some right of determination regarding their environment; as representatives
of the school population of 600 students; as a chruch community of 3,000 parish-
ioners; and as taxpayers. He referred to the petition submitted at the original
hearing which contained a good number of signatures in opposition to the condi-
tional use permit.
Councilman Pebley stated that he understood approximately one week
following the Council's denial of this conditional use permit, after receiving
protests from St. Anthony Claret Church at that hearing, that the Church conduc-
ted a festival at which beer was served with food. He remarked that this was
not consistent with their expressed opposition to the granting of this permit.
Father Beard stated that the Church would not be opposed if the
conditional use permit were for sale of beer and wine ove~ a period of three
days; nor are they opposed to the consumption of beer and wine with meals per
se; their major concern isthat other variances would be granted on this location
for uses which would be other than beer .and wine served with dinner.
Mrs. Olga Valenzuela, 1315 Cozy Terrace, a parishioner of St. Anthony
Claret Church, requested that the Council issue a letter or statement to the
effect that future uses of subject property would be similarly restricted to
beer and wine with meals only in a family-type dinning-room atmosphere, so that
Father Nash and the St. Anthony Claret Parish wouldhave this assurance.
Councilman Thom explained that it would not be possible for this
Council to co-~t further Councils to any such assurance; that each body politic
makes it own decisions as it sets.
The Mayor asked if anyone else wished to address the Council, either
in favor or in opposition, and hearing no response, offered the appellant a few
minutes for rebuttal.
Mr. Harberth s-mmarized that the operation of Momm- Cozza's at subject
location with the addition of serving beer and wine should not in any way
disturb the rights or way of life of those in opposition. He stated that
certainly school children will neither be lured in, nor permitted to loiter
within the restaurant; no additional traffic is expected to be generated. He
discounted the number of names on the petition from St. Anthony Claret Church,
asserting that these were more in response to Father Nash's appeal for signatures
then in true objection to the opposed use. He cited Mr. Cozza's restaurant,
Momma Cozza's No. 1 located on Ball Road, Just west of St. Justin Martyr Church,
as setting a precedent and in addition an example of the fine family type of
restaurant which is proposedto be conducted at the subject site.
Mayor. Thom closed the hearing.
Councilman Pebley noted that he is fully aware that Mr. Cozza is a
reputable businessman and that he was confident Mr. Cozza would conduct subject
operation in the same fine manner as the Ball Road business, and he would
consequently support this application once again as he had previously and
thereupon stated he would offer a resolution to approve Conditional Use Permit
No. 1461.
Prior to acting on this resolution, Councilwoman Kaywood asked if
Councilman Pebley would include the following conditions within the approval of
the conditional use permit: That there be no bar; that it be a family-type
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Cit7 Hal!~ Anaheim~ California - COUNCIL MINUTES - June 18~ 1974~ 1:30 P.M.
restaurant with beer and wine to be served only in conjunction with food; that
the hours of operation be from 11:00 a.m. to 9:00 p.m.; and that the conditional
use permit be granted for a period of three years subject to review and renewal
after that period of time.
RESOLUTION NO. 74R-283: Councilman Pebley offered Resolution No. 74R-283 for
adoption, granting Conditional Use Permit No. 1461 for a period of three years,
subject to review and renewal at that time; for a family-type restaurant without
bar; beer and wine'to be served in conjunction with food only; hours of operation
to be from 11:00 a.m. to 11:00 p.m., and further subject to the following Inter-
departmental recommendation:
1. 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 and 3.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL
USE PERMIT NO. 1461. '
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Kaywood, Seymour, Pebley, and Sneegas
COUNCIL MEMBERS: Thom
COUNCIL MEMBERS: None
The Mayor declared Resolution No'. 74R-283 duly passed and adopted.
In answer to Councilman Seymour, Mr. Ron Thompson assured Council
that the file on Conditional Use Permit No. 1461 would be flagged to indicate
special attention should transfer of the on-sale beer and wine license be
requested.
PUBLIC DANCE PERMIT: On motion by Councilwoman Kaywood, seconded by Councilman
Sneegas, the following applications for public dance permits were granted, on
recommendation of the Chief of Police, subject to the provisions of Chapters
3.28 and 4.16 of the Anaheim Municipal Code:
1. Application filed by.Isabel A. Lopez'on behalf of Sociedad'Pro-
gresista Mexicana No. 24 for public dance to be held July 21, 1974 at Carpenter's
Hall, 608 West Vermont Avenue, from 3:00 p.m. to 7:00 p.m.
2. Application filed by Jack Dean George on behalf of the Garden
Grove Police Association to conduct public dance, June 23, 1974 at the Anaheim
Convention Center, 800 West Katella Avenue, from 10:00 p.m. to 1:00 a.m.
MOTION CARRIED.
REQUEST - EXTENSION OF TIME~ TENTATIVE TRACT NOS. 8115~ 8116~ 8117 AND 8134: On
motion by Councilwoman Kaywood, seconded by Councilman Sneegas, request for
one-year extension of time submitted by Wayne Callaghan, Planning Coordinator,
Anaheim Hills, Inc., for the purpose of recordation of tract maps for Tentative
Tract Nos. 8115, 8116, 8117 and 8134, comprising a subdivision located south of
Nohl Ranch Road, west of Royal Oak Road, was continued to July 2, 1974, to be
considered in conjunction with Environmental Impact Report No. 127. MOTION
CARRIED.
REPORT - METAL BUILDINGS IN THE CITY OF ANAHEIM: Report prepared by Development
Services Department regarding metal buildings in the City of Anaheim, which are
permitted pursuant to City Council Policy No. 526, adopted March 22, 1966 was
submitted for Council consideration.
Councilman Pebley requested that the record show he had abstained
from participation on this item.
Mr. Roberts summarized that the report indicates that industrial
developers are expressing concern that some metal buildings although constructed
in compliance with the Council Metal Building Policy, do not render the desired
74-624
City Hall, An.~.,eim} California - COUNCIL MINUTES - June 1gm 1974} 1:30 P.M.
impressions of architectural refinement and economic substance and are not of
the same quality nor do they. offer the same aesthetic enhancement as industrial
buildings constructed elsewhere in the City. Upon investigation, staff has
discovered that costs of construction and construction time of metal versus
other types of buildings are approximately equal, however there are certain
advantages and appropriate use situations for each type of construction.
In response to the concern expressed by industrialists it was felt
appropriate to describe the situation to Council and to ascertain whether they
are desirous of setting up additional development standards or eliminating
metal buildings.
Following brief Council discussion, during which Councilwoman Kaywood
indicated she disliked the appearance of many metal industrial buildings she
has seen in the City and Council generally indicated they wished to avoid the
corrugated roof-quonset hut type of structure; it was evident that the Council
wished to continue to permit metal structures but to provide additional develop-
ment standards calling for the use of natural or simulated collateral materials
on the building elevations.
On receiving Council's direction, Mr. Roberts advised he would have
staff prepare some photographic illustrations of metal building treatments in
Anaheim and throughout the County and prepare some alternate recommendations
f°r amendment to Council Policy No. 526 for Council consideration.
The Council indicated 'agreement with this, however, Mayor'Thom advised
that he felt this project should not receive any priority pver those studies
previously initiated by Council.
CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at
their meeting held May 29, 1974 pertaining to the following applications were
submitted for City Council information and consideration:
1. VARIANCE NO. 2596: Submitted by Melvin Schantz to permit the construction
of a 77-unit, 8-lot R-3 subdivision on property located northwesterly of the
Miraloma Avenue overcrossing and the Orange Freeway with Code waivers of:
a. Minimum lot width on a cul-de-sac.
b. Minimum pedestrian accessway.
The City Planning Commission, pursuant to Resolution No. PC74-106,
granted said variance, subject to conditions.
CATEGORICAL EXEMPTION FROM ENVIRONMENTAL IMPACT REPORT: On motion by Councilman
Sneegas, seconded by Councilman Seymour, the City Council ratified the determina-
tion of the Director of Development Services that the proposed activity falls
within the definition of Section 3.01, Class No. 5 of the City of Anaheim
Guidelines to the requirements for an environmental impact report and is there-
fore categorically exempt from the requirement to file an environmental impact
report. MOTION CARRIED.
No further action was taken by the City Council.
TENTATIVg TRACT NO. 8678 (VARIANCE NO. 2596~: Owner - Melvin Schantz; Developer,
I.P.S., 1095 North Main Street, Orange; property located northwesterly of the
Miraloma Avenue overcrossing and the Orange Freeway; containing 8 proposed R-3
zoned lots.
The City Planning Commission at their meeting held May 29, 1974
approved said tentative map, subject to the following conditions:
1. That the approval of Tentative Map of Tract No. 8678 is granted
subject to the completion of Reclassification No. 71-72-41 and Variance No.
2596.
2. That should this subdivision be developed as more than one sub-
division, each subdivision thereof shall be submitted in tentative form for
approval.
74-625
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 18~ 1974~ 1:30 P.M.
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 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'street names shall be approved by the City of Anaheim prior
to approval of a final tract map.
7. That the owqer(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 subject property shall be disposed of in a
manner that is satisfactory to the City Engineer.
9. That Park Lane shall be constructed as a standard 64-foot wide
street.
10. That an accoustical analysis be provided showing that the proposed
buildings are designed to limit intruding noise to an interior noise levelnot
to exceed 45 dBA in any habitable room measured in accordance with UBS Standard
No. 35-3 and that a test report showing compliance with the allowable interior
noise level be submitted to the Building Division prior to occupancy, as stipu-
lated to by the petitioner.
11. That the final tract map show lot lines extending across'the
alley which runs along the northerly and easterly property lines in order to
include the block wall shown on the tentative tract map as Lot '~".
On motion by Councilman Seymour, seconded by Councilman Sneegas,
Tentative Map, Tract No. 8678 was approved subject to the recommendations of
the City Planning Commission. MOTION CARRIED.
Councilman Pebley left the meeting. (3:35 P.M.)
AMENDMENT TO CONDITIONS OF APPROVAL - RECLASSIFICATION NO. 71-72-41 (VARIANCE NO.
2596~ TENTATIVE TRACT NO. 8678}: Zoning Supervisor Roberts reported on action
taken by the City Planning Commission at their meeting of May 29, 1974 to amend
Condition No. 3 of the conditions imposed pursuant to the resolution of intent
to rezone property within Reclassification No. 71-72-41 to the R-3 Zone.
The City Council determined that the change in Condition No. 3 of
Reclassification No. 71-72-41 recommended by the City Planning Commission would
not be substantial and therefore no public hearing regarding said amendment
would be required.
RESOLUTION NO. 74R-284: Councilwoman Kaywood offered Resolution No. 74R-284
for adoption, amending Resolution No. 72R-234 to replace and amend the former
Condition No. 3 as follows:
"3. That an 8-foot off-set masonry wall, tan in color, shall be con-
structed along the easterly property line in addition to a 3-foot wide, land-
scaped area to separate the Orange Freeway from the proposed 20-foot wide
public alley; and that an accoustical analysis shall be provided showing that
the proposed buildings are designed to limit intruding noise to an interior
noise level not to exceed 45 dBA in any habitable room measured in accordance
with the UBC Standard No. 35-3 and that a test report showing compliance with
the allowable interior noise level be submitted to the Building Division prior
to occupancy, as stipulated to by the petitioner."
'Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AM~NDING THE CONDITIONS
OF RECLASSIFICATION NO. 71-72-41 CONTAINED IN RESOLUTION NO. 72R-234 PERTAINING
TO ZONING.
Roll Call Vote:
74-626
tit7 Hall~ Anaheimt California - COUNCIL MINUTES - June 1St 1974~ 1:30 P.M.
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom
NOES: COUNCIL MEHBERs: None
TEMPORARILY ABSENT: COUNCIL MEMBERS: Pebley
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 74R-284 duly passed and adopted.
2. VARIANCE NO. 2604: Submitted by Max F. Hiltsher to permit the continuance
of a retail market without outdoor display on C-1 zoned property located at the
corner of Placentia Avenue, State College Boulevard and Balsam Avenue, with
Code waivers of:
a. Requirement that all C-1 uses shall be 'conducted wholly within a
building.
b. Permitted signs.
The City Planning Commission, pursuant to Resolution No. PC74-113,
approved said variance in part, granting waiver "a" and denying waiver "b",
subject to conditions.
ENVIRONMENTAL IMPACT REPORT CATEGORICAL EXEMPTION: On motion by Councilman
Sneegas, seconded by Councilman Thom, the Council ratified the determination of
the Director of Development Services that the proposed activity falls within
the'definition of Section 3.01, Class No. 3 of'the City of Anaheim Guidelines
to the requirements for an environmental impact report and is therefore categori-
cally exempt from the requirement to file an environmental impact report.
MOTION CARRIED.
3. CONDITIONAL USE PERMIT NO. 1469: Submitted by the Greek Orthodox Community
~f Orange County to permit the construction of a church and fellowship hall and
permit the continued use of existing classroom facilities on R-A zoned property
located on the west side of Dale Street, south of Crescent Avenue, with Code
waivers of:
a. Minimum number of parking spaces.
b. Maximum building height adjacent to a residential zone.
The City Planning Commission, pursuant to Resolution No. PC74-114,
granted said conditional use permit in part only, waiver "a" being unnecessary,
granting waiver "b" subject to conditions.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Thom, the City Council finds that this project
will have no significant effect on the environment and is therefore exempt from
the requirement to prepare an environmental impact report. MOTION CARRIED.
4. VARIANCE NO. 2590 - EXPANSION OF USE: The Petitioner requests the permitted
uses granted under said variance be expanded to include off-sale beer and wine.
Variance No. 2590 was granted by the City Planning Commission to permit a
retail market in an R-1 Zone at the southwest corner of East Street and La
Palma Avenue.
The City Planning Commission by motion granted the requested expansion
to include permission for off-sale beer and wine.
5. CONDITIONAL USE PERMIT NO. 1390 - REVIEW OF USE AND EXTENSION OF TIME:
Review of permitted use for on-sale beer (beer bar on C-1 zoned property located
on the east side of Euclid Street, north of Tedmar Avenue), was conducted by
the City Planning Commission, and by motion a three-year extension was granted
Conditional Use Permit No. 1390, to expire May 23, 1977.
Councilman Pebley returned to Council Chambers. (3:40 P.M.)
%...CONDITIONAL USE PERMIT NO. 941 - EXTENSION OF TIME: Submitted by Father
George C. Maesouras, Presbyter, St. John the Baptist Greek Orthodox Church, re-
questing a one-year extension of time to permit church offices, a language school
and limited church services in an existing residential structure, and the even-
tual construction of permanent church facilities at 405 North Dale Avenue.
74-627
F
F
City Hall, Anaheim~ California - COUNCIL MINUTES - June 18~ 1974~ 1:30 P.M.
The City Planning Commission granted a two-year extension of time
retroactive to May 8, 1973, expiring May 8, 1975.
7. CONDITIONAL USE PERMIT NO. 1218 - REQUEST FOR CLARIFICATION OF USE:
Submitted S. E. Bailey, President, Bailey's Young World, proposing use as
gymnasium and dance academy on M-1 zoned property at the northwest corner of
Kraemer Boulevard and La Jolla Street, which is presently developed with a
combination of industrial and limited commercial uses.
The City Planning Commission by motion, denied the request to permit
a gymnasium and dance aca4emy at subject location as such use is not incidental
to or primarily to serve the purposes and uses of M-1 zoned property.
COUNCIL ACTION: The foregoing applications (Item Nos. 2 through 7) were reviewed
by the City Council and no further action was taken.
RECESS: Councilwoman Kaywood moved for a fivehminute recess. Councilman. Thom
seconded the motion. MOTION CARRIED. (3:45 P.M.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members being
present. (3:50 P.M.)
8. REPORT - NATIONAL FLOOD INSURANCE PROGRAM: Mr. Don McDaniel, Planning
Supervisor briefed the report dated May 29, 1974, which was also presented to
the City Planning Commission, relating to the Federally subsidized program
authorized by Congress in 1968 to make limited amount of flood insurance pre-
viously unavailable from private insurers, available, at affordable rates to
property owners by means of a Federal subsidy. The act further requires that
State and local governments adopt and enforce land use measures to reduce or
avoid future flood damage within their flood-prone areas. A 1969 amendment to
the act expanded the definition of-"flood" to include mudslides.
Councilman Seymour, noting the rates of 25¢ per $100 with a maximum
of $35,000 for structure coverage; and 35¢ per $100 for contents with a maximum
subsidized amount of $10,000; stated that this would not prove to be exactly a
bargain for the average citizen.
During discussion of the program, Mr. McDaniel pointed out that these
rates will most likely increase once the program is in operation and a rate
survey has been conducted, after which the charges will be based on actuarial
statistics. He clarified the analysis presented in the report for Councilwoman
Kaywood stating that although there is no direct benefit to the City of Anaheim
from participation in the program, it is still recommended since the City's
non-participationwould deny the citizens and property owners flood insurance
protection.
The Council concluded during discussion that in actuality, since FHA
and VA loans will require flood insurance as well as all conventional loans
secured through Federally insured savings and loan institutions, the City has
no choice in thematter since non-participation would means that virtually no
property in the City would be eligible for a conventional or VA, FHA loan.
Councilman Sneegas stated'that he viewed this additional expense as
another Federal tax and advised that he would be particularly interested in a
clarification as to whether or not any Federal monies will be available in the
event of disaster, in a flood insurance protected city. He voiced the opinion
that it would be unfair to deny such aid to individuals living in flood insurance
protected areas when their tax dollars have been previously spent on similar
disaster relief in other areas of the Country, whereas if these tax dollars
were spent on improvements which would remove or alleviate the flood potential,
perhaps then the insurance program would not be necessary.
Mr. McDaniel advised that the City will not enter the program until
notification of its flood plain status is received.
The report was received for information only, no action or recommenda-
tion being forwarded by the City Planning Commission. No further action was
taken at this time by the City Council.
74-628
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 18~ 1974~ 1:30 P.M.
~. COUNTY OF ORANGE USE PERMIT NO. 3503~ ENVIRONMENTAL IMPACT REPORT NO. 74-19:
Action taken by the City Planning Commission indicating objection to County of
Orange Use Permit No. 3503 which proposes to establish a commercial stable and
a veterinary clinic in the City of Anaheim's designated "Sphere of Influence"
on property located on the north side of the Riverside Freeway, adjacent to the
Coal Canyon off-ramp, was submitted together with a memorandum from Development
Services Department dated June 18, 1974 indicating that the Orange County Plan-
ning Commission took action to approve said use permit on June 11, 1974 and
this action will become final unless appealed to the County Board of Supervisors
within two weeks.
On motion by Councilwoman Kaywood, seconded by Councilman Thom, the
City Council directed staff to appeal the approval of Use Permit No. 3503 to
the Orange County Board of Supervisors. MOTION CARRIED.
10. TENTATIVE MAP~ TRACT NO. 8679 (RECLASSIFICATION NO. 73-74-58~ VARIANCE NO.
2603 AND ENVIRONMENTAL IMPACT REPORT NO. 126): Owner - Howard Budlong and Joe
Maag; property located northerly of Nohl Ranch Road and south of the southerly
termini of Solomon Road and Leandro Street; containing 60 proposed R-1 zoned
lot.
On motion by Councilman Pebley, seconded by Councilman Seymour,
action on Tentative Map, Tract No. 8679 was continued to be consijered in
conjunction with Reclassification No. 73-74-58, Variance No. 2603 and E.I.R.
No. 126. MOTION CARRIED.
11. TENTATIVE MAP~ TRACT NO. 8560 (RECLASSIFICATION NO. 73-74-59~ VARIANCE NO.
2608~ CONDITIONAL USE PERMIT NO. 1471 AND ENVIRONMENTAL IMPACT REPORT NO. 120):
Owners, Henry F. and Ethel C. Del Giorgio; property located southerly of Santa
Ana Canyon Road, east of Imperial Highway; containing 96 proposed R-H-10,O00
zoned lots.
On motion by Councilwoman Kaywood, seconded by Councilman Sneegas,
action on TentativeMap, Tract No. 8560 was continued to be considered in
conjunction with Environmental Impact Report No. 120, Reclassification No.
73-74-59, Variance No. 2608 andConditional Use Permit No. 1471. MOTION CARRIED.
12. FINAL MAP, TRACT NOS. 7946~ 7947 AND 7948 (RECLASSIFICATION NO. 72-73-10~
VARIANCE NO. 2426~ ENVIRONMENTAL IMPACT REPORT 60): Developer, ARC Development
Corporation; property located at the northwest corner of Walnut Street and
Cerritos Avenue; each tract contains 1 proposed R-3 zoned lot.
Reports were'submitted from the City Engineer which recommended
approval and advised that said final maps conform substantially with the tenta-
tive maps previously approved, that bonds have been forwarded to the City
Attorney for approval and required fees paid.
In answer to Councilwoman Kaywood, Mr. Roberts reported that the
density of the proposed final tract is 17.9 units to the acre.
Councilman Seymour stated that from the beginning, as Planning Commis-
sioners reviewing this project, both himself and Councilwoman Kaywood were
vehemently opposed to its approval and that there has been enough citizen
concern to substantiate this position. He indicated that he, as one individual,
would do everything he could consistent with protecting all of the citizens of
Anaheim to see that this project is never built unless it more closely conforms.
During discussion, Councilman Thom felt the density should be decreased
to 11 to 12 units per acre whereas Councilwoman Kaywood thought 6 to 10 units
per acre would be more appropriate.
Mr. Watts reported, in answer to Council, that the public hearing on
the proposed condominium ordinance would be held on July 2, 1974.
Councilmen Seymour and Thom both indicated that they felt this project
to be the area in which the "vested interest" theory should be tested.
£~ I[ , III. II
74-629
~it~ Hall~ Anaheim~ California - COUNCIL MINUTES - June 18~ 1974~ 1:30 P.M.
The City Attorney explained that the approval of final tract maps,
which is all that was before Council at this particular time, is governed
specifically by the Subdivision Map Act which states that insofar as a final
map is concerned where the tentative has been approved, the only reason that
the Council may deny approval of the final map is if there is not substantial
compliance with the tentative; therefore a finding to that effect would have to
be made in order to validly disapprove the final maps.
Councilman Seymour stated that if appropriate he would move for a
continuance at this point to allow the City Attorney time to investigate the
situation.
Mr. Dennis Tyler of K/ndel and Anderson, 610 Newport Center Drive,
Newport Beach, representing the developer questioned whether a motion to continue
is appropriate at this time since they are presenting final maps which are sub-
stantially in compliance with the tentative maps. Further he asserted that his
client's rights are as vested as any rights could possibly be and that he was
prepared at this time to make a presentation in support of this statement.
Councilman Thom stated that the Council is indicating they need time
to verify in their minds that the final tract maps are substantially in accor-
dance with the tentative maps and this may takethem several months.
Councilman Sneegas took exception to Councilman Thom's statement, stat-
ing that he did not feel that way.
Mr. Tyler related that his clients stand tp lose substantial amounts
of money as a result of delay and that he felt it was unfair of the Council not
to make a definitive decision one way or the other; that if the Council majority
wishes to disapprove the final maps, they should be forthright and do so at
this time. The continual delays will only result in a more expensive product,
which a smaller percentage of the people will be able to afford.
Councilman Seymour responded that he was interested only in gaining
the time necessary to investigate the legal aspects of disapproving the project
as it is proposed.
Councilman Seymour moved that action on Final Maps, Tract Nos. 7946,
7947 and 7948 be continued for a period of three weeks, to July 9, 1974 to
allow counsel sufficient time to investigate the legalities of approving'or
disapproving the particular project and said final tracts. Councilman Thom
seconded the motion.
On roll call vote, requested by Councilman Sneegas, the foregoing
motion carried by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL HEHBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour and Thom
Pebley and Sneegas
None
MOTION CARRIED.
IMPERIAL WOODS RECREATIONAL TRAILS - APPROVAL OF PLANS: On the recommendations of
the City Engineer, it was moved by Councilwoman Kaywood, seconded by Councilman
Sneegas, that plans and special provisionsfor the construction of that portion
of the Imperial Woods Rmcreation Trails from Tustin Avenue to Imperial Highway
(a bicycle, equestrian and hiking trail system on the Santa. Ana River levee),
as prepared by the Orange County Flood Control District, be apProved. MOTION
CARRIED.
RESOLUTION NO. 74R-285 - REJECTING BIDS~.WORK OKDER NO. 826 - INSTALLATION OF FIRE
SIGNALS - FIRE STATION NOS. 5 AND 6: Councilman Pebley offered Resolution No.
74R-285 for adoption, rejecting all bids, Work Order No. 826, Fire Stations Nos.
5 and 6.
Refer to Resolution Book.
74-630
City Hall~ An,,aheim~ California - COUNCIL MINUTES - June 18~ 1974~ 1:30 P.M.
a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REJECTING ALL BIDS
RECEIVED UP TO THE HOUR OF--24~ P.M. ON THE 13TH DAY OF JUNE, 1974 FOR THE
INSTALLATION OF FIRE SIGNALS AT~4~ STATIONS NOS. 5 AND 6, WORK ORDER NO. 826.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Seymour, Pebley, Sneegas and Thom
None
None
The Mayor declared Resolution No. 74R-285 duly passed and adopted.
RESOLUTION NO. 74R-286 - AWARD OF CONTRACT~ WORK ORDER NO.' 827: In accordance with
recommendations of the City Engineer, Councilman Pebley offered Resolution No.
74R-287 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PRO-
POSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING
OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND
TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECES-
SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: INSTALLATION
OF FIRE SIGNALS AT FIRE STATION NO. 7, WORK ORDER NO. 827. (Smith Electric
Supply Company - $6,725.00)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Pebley, Sneegas and Thom
None
None
The Mayor declared Resolution No. 74R-286 duly passed and adopted.
PUBLIC IMPROVEMENT PROJECTS: Councilwoman Kaywood offered Resolution Nos. 74R-287
through 74R-291, both inclusive, for adoption.
Refer to Resolution Book.
RESOLUTION NO. 74R-287 - WORK ORDER NO. 718-A: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO
WIT: THE LOARA STREET'STORMDRAIN IMPROVEMENT, NORTH OF WILSHIRE, IN THE CITY
OF ANAHEIM, WORK ORDER NO. 718-A. APPROVING THE DESIGNS, PLANS, PROFILES,
DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CON-
STRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICA-
TIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE
INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF.. (Bids to be Opened -
July 11, 1974, 2:00 P.M.)
RESOLUTION NO. 74R-288 - WORK ORDER NO. 828: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO
WIT: DOUGLASS ROAD PUMP STATION, DOUGLASS ROAD AT THE A.T. & S.F. RY. UNDERPASS,
IN THE CITY OF ANAHEIM, WORK ORDER NO. 828. APPROVING THE DESIGNS, PLANS,
PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING
THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS,
SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A
NOTICE INVITING.SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be
Opened - July 11, 1974, 2:00 P.M.)
RESOLUTION NO. 74R-289 - WORK ORDER NO. 830: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO
WIT: PARKWAY MAINTENANCE OFFICE BUILDING ADDITION, 1426 EAST VERMONT AVENUE, IN
THE CITY OF ANAHEIM,.WORK ORDER NO. 830. APPROVING THE DESIGNS, PLANS, PROFILES,
DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CON-
STRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICA-
TIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE
INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened -
July 18, 1974, 2:00 P.M.)
74-631
City Ha!l~ Anaheim~ California - COUNCIL MINUTES - June 18, 1974~ 1:30 P.M.
RESOLUTION NO. 74R-290 - WORK ORDER NO. 831: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO
WIT: ANAHEIM STADIUM REROOFING OF GATES 3, 4, 5 & 6, IN THE CITY OF ANAHEIM,
WORK ORDER NO. 831. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND
SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF
SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.;
AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING
SEALED PROPOSALS F0R THE CONSTRUCTION THEREOF. (Bids to be Opened - July 11,
1974, 2:00 P.M.)
RESOLUTION NO. 74R-291 - WORK ORDER NO. 832: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A.PUBLIC IMPROVEMENT, TO
WIT: REPAINTING OF FIELD LIGHT AND SPEAKER HORN STRUCTURES AT ANAHEIM STADIUM,
IN THE CITY OF ANAHEIM, WORK ORDER NO. 832. APPROVING THE DESIGNS, PLANS,
PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING
THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS,
SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A
NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to-be
Opened - July 11, 1974, 2:00 P.M.)
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Seymour, Pebley, Sneegas and Thom
None
None
The Mayor declared Resolution Nos. 74R-287 through 74R-291, both
inclusive, duly passed and adopted.
RESOLUTION NO. 74R-292 - DEEDS OF EASEMENT: Councilman Pebley offered Resolution
No. 74R-292 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS
AND ORDERING THEIR RECORDATION. (Public Storage, Inc.; Don L. & Beverly J.
La Pierre; Gordon L. Hodge; Ernest R. Verdugo; Charles J. and Mary E. Kinn; John
H. and Olive P. Hull; Thomas R. and Berrie C. Vandiver; Viola V. L. Patterson;
Carl L. and Mildred E. Ran; Ruth Marie Fryatt)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Pebley, Sneegas and Thom
None
None
The Mayor declared Resolution No. 74R-292 duly passed and adopted.
PROPOSED ABANDONMENT - RESOLUTION NO. 74R-293: Councilman Pebley offered Resolution
No. 74R-293 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION
TO VACATE AND ABANDON CERTAIN REAL PROPERTY AND FIXING A DATE FOR HEARING THERE-
ON. (No..73-12A, July 9, 1974, 1:30 P.M.; northwest corner of Miraloma Avenue
and Tustin Avenue.)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Pebley, Sneegas and Thom
None
None
The Mayor declared Resolution No. 74R-293 duly passed and adopted.
74-632
City Hall, Anaheim~ California - COUNCIL MINUTES - June 18~ 1974~ 1:30 P.M.
CITY-OWNED PARCEL FOR SALE - EAST SIDE OF PAULINE STREET~ NORTH OF LA.PALMAAVENUE:
(Continued from the meeting of June 11, 1974) The Council indicated by general
consent that they had previously determined (Adjourned Regular Meeting of
June 18, 1974) that this parcel along with seven others would be advertised for
public sale on July 2, 1974, 10:00 a.m.
By general consent, the Council directed Development Services Depart-
ment to report at the Council meeting of June 25, 1974 on potential uses for
subject parcel in order to establish the minimum value which should be adver-
tised.
COMPROMISE OF CLAIM - ANAHEIM HILLS GOLF COURSE RESTAURANT CONCESSIONAIRE: The City
Attorney reported that Mr. Roy Millar, former concessionaire at the Anaheim
Hills Golf Course Clubhouse, when he filed bankruptcy petition and abandoned
the golf course premises, left certain equipment belonging to him which the
City essentially stored. As a consequence of his bankruptcy petition, the
Trustee in Bankruptcy, Mr. John Stodd, has filed a claim with the City of
Anaheim for $2,900. Pursuant to this, one of the Deputy City Attorneys, Mr.
Slaughter, has been conducting negotiations and the following settlement proposal
has been reached:
That the City relinquish any claim to the following items:
1. Three signs
2. Seven bar stools
3. Two maitre'd stands
4. Five candelabra
5. One wall panel
6. One corner shelf
7. One wall decoration
The Trustee agreed to relinquish any claim he may have to the following
property upon payment of $250 by the City of Anaheim:
1. One back bar - original cost approximately $900.
2. One cocktail elbow bar pad - value unknown.
In answer to Council questions regarding the money which Mr. Millar
still owes the City, Mr. Slaughter advised that a claim in the amount of $6,500
for rent and utilities due pursuant to the City's contract with Mr. Millar has'
been filed against the bankruptcy and this claim would not be affected by the
settlement proposed for the equipment listed above. This settlement essentially
provides that the City 'will give up that equipment which it cannot use for that
which it can. Mr. Slaughter advised that the reason this type of settlement is
recommended is that it leaves intact the City's claim in the bankruptcy court,
however it removes the risk that the Judge might rule that the City of Anaheim
retain the worthless property and pay for these assets the sum of $2,900 to the
estate.
On motion by Councilman Sneegas, seconded by Councilman Thom, the
City Council approved the negotiated settlement as outlined above and authorized
the Finance Director to issue a warrant in the amount of $250 payable to John
Stodd, Trustee, as payment in full for the above described property. MOTION
CARRIED.
PURCHASE OF SERVICES - REBUILDING OF SUBMERSIBLE MOTOR: The Assistant City Manager
reported on purchase requisition forwarded from the Water Division to rebuild a
submersible motor for Well No. 25 by Magney Electric Motors, Inc., for the
price quoted of $2,626.50. He reported that according to the Water General
Foreman and Purchasing Agent, this is the only company known to them which
performs this type of work.
On motion by Councilman Thom, seconded by Councilman Seymour, the
City Council authorized rebuilding of submersible motor for Well No. 25 by
Magney Electric Motors, Inc., for the sum of $2,626.50. MOTION CARRIED.
RESOLUTION NO. 74R-294 - AGREEMENT AUTHORIZING MELODYLAND GUARDS TO DIRECT TRAFFIC:
Councilman Sneegas offered Resolution No. 74R-294 for adoption.
74-633
City Hall~ Anaheim~ California - COUNCIL MINUT~.S - June 18~ 1974.~ 1:30 P.M.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND
CONDITIONS OF AN AGREEMENT AUTHORIZING MELODYLANO GUARDS TO DIRECT TRAFFIC AT
THAT PORTION OF FREEDMAN WAY WHICH BORDERS MELODYLAND PROPERTY.
Roll Call Vote:
AYES: cOUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Seymour, Pebley, Sneegas and Thom
None
None
The Mayor declared Resolution No. 74R-294 duly passed and adopted.
RESOLUTION NO. 74R-295 - SUPPLEMENTAL AGREEMENT LOS ANGELES'AND SALT LAKE RAILROAD
COMPANY/UNION PACIFIC RAILROAD COMPANY (C.L.D. 10833-8): Councilman Sneegas offered
Resolution No. 74R-295 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND
CONDITIONS OF SUPPLEMENTAL AGREEMENT C.L.D. 10833-8 WITH THE LOS'ANGELES AND
SALT LAKE RAILROAD COMPANY AND UNION PACIFIC RAILROAD COMPANY AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. (To allow the City of
Anaheim to make certain changes in its powerlinesystem)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
COUNCIL MEMBERS: None
COUNCIL MEHBERS: .None
The Mayor declared Resolution No. 74R-295 duly passed and adopted.
CORRESPONDENCE: The following correspondence was ordered received and filed, on
motion by Councilman Pebley, seconded by Councilman Sneegas:
a. City of Irvine - Resolution No. 286 - Encouraging the State
legislature to enact laws to effect property tax assessment policies which will
support and promote the conservation and open space goals as contained in
General Plans.
b. Airport and Land Use Commission for Orange County - Notice of
Meeting - June 6, 1974.
Airport and Land Use Commission for Orange County - Minutes -
May 23, 1974.
c. Santa Ana River/Santiago Creek Greenbelt Commission - Progress
Report - 4/27/74 - 5/31/74.
d. Community Center Authority - Minutes -May 20, 1974.
e. Cultural Arts Commission - Minutes -May 13, 1974.
f. Financial and Operating Reports for the Month of May, 1974 for
the Building Division and Customer Service Division.
MOTION CARRIED.
ORDINANCE NO. 3308: Councilwoman Kaywood offered Ordinance No. 3308 for first
reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER'14.40, SECTIONS
14.40.065 AND 14.40.070 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SPEED LIMITS.
(Forty Miles Per Hour - Nohl Ranch Road from Imperial Highway to Fernhill Lane;
Forty-Five Miles Per Hour - Nohl Ranch Road, between Nohl Canyon Road and Royal
Oak Road)
ORDINANCE NO. 3309: Councilman Thom offered Ordinance No. 3309 for first reading.
AN ORDINANCE OF THE CITY OF ANAHELMAMENDING TITLE 18 OF '~iE ANAHEIM MUNICIPAL
COgE KELATING TO ZONING. (67-68-7 (6) - R-H-10,000)
74-634
City Hall~ Amaheim~ California - COUNCIL MI.N~TES - June 18~ 1974~ 1:30 P.M.
ORDINANCE NO. 3310: Councilman Sneegas offered Ordinance No. 3310 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING. (72-73-54 - C-3)
ALCOHOLIC BEVERAGE LICENSE APPLICATION: Application submitted by William G. Taylor,
for on-sale beer and wine license for premises located at 811 North Euclid,
Anaheim, (Taylor's Restaurant) was conditionally protested on the basis of
zoning, on motion by Councilman Thom, seconded by Councilman Sneegas. MOTION
CARRIED.
NOTICE OF INTENTION TO RELINQUISH HIGHWAY RIGHT OF WAY NO. 912~ 07-ORA-55/91 FREEWAY:
State of California Notice of Intent to Relinquish to the citY of Anaheim certain
highway rights-of-way, Road 07-0RA-55, 91-17.2/17.8, 9.1/9.8, Relinquishment
Request No. 912, was submitted, together with report and recommendations of the
Director of Public Works dated June 14, 1974.
On motion by Councilman Seymour, seconded by Councilman Sneegas, the
Director of Public Works was authorized to notify the State Department of
Transportation that the City of Anaheim objects to said Relinquishment No. 912
until the State has taken all necessary corrective slope stability measures.
MOTION CARRIED.
RESOLUTION NO. 74R-296 - AGP. E~MENT~ ARTHUR YOUNG AND COMPANY (REVIEW OF CITY'S
INVESTMENT OF IDLE FUNDS PROGRAM AND CASH FLOW PRACTICES}: Councilman Seymour
offered Resolution No. 74R-296 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE-CITY OF ANAHEIM AUTHORIZING THE EXECU-
TION OF AN AGREEMENT BETWEEN THE CITY AND ARTHUR YOUNG AND COMPANY FOR THE
FURNISHING OF PROFESSIONAL SERVICES IN CONNECTION WITH THE CITY'S INVESTMENT
PROGRAMS.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMMERS: Kaywood, Seymour, Pebley, Sneegas and Thom
COUNCIL MEMBERS: None
COUNCIL. MEMMERS: None
The Mayor declared Resolution No. 74R-296 duly passed and adopted.
CLARIFICATION - BUSINESS LICENSE~ PEPPERTREE FAIRE: The City Attorney advised that
subsequent to the discussion on June 4, 1974, (Variance No. 2595) between the
City Council and Mr. David Collins relative to the method of licensing the
operators of booths at the PepperTree Faire, the License Collector and his staff
have reviewed the matter and apparently the various operators are now staying
for substantially longer periods of time than they were in the fall of 1973.
Mr. Watts advised that it.would be his recommendation that the City
continue to license each operator as the Code now provides, namely, an annual
$25 minimum fee and then measured by gross receipts.
The possibility of allowing licensing on the basis of monthly payments
of $5 up to $25 annually was discussed, however it was noted that th'is method
of payment should then necessarily be applied to all businesses in the City;
would cause a great deal more record keeping on the part of the City; and also
that a $5 a month fee could possibly allow a swap meet type of business.
At the conclusion of discussion, the Council indicated concurrence
with the City Attorney's recommendations.
74-635
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 18~ 1974~ 1:30 P.M.
TRA_NSFE~ FROM COUNCIL CONTINGENCY FUND - BALANCE OF CHAMBER OF COMHERCE 1973-74
BUDGET: The ASsistant City Manager presented a request from the Finance Director
that the sum of $41,500 be transferred from Council Contingency Fund into the
account for the Anaheim Chamber of Commerce to make up the balance of the
$70,000 Chamber of Commerce 1973-74 Budget authorized by the City on June 12,
1973.
On motion by Councilman Thom, seconded by Councilman Seymour, the
City Council authorized a transfer of $41,500 from the Council Contingency Fund
to the Anaheim Chamber of Commerce Account, making up the remainder of the
$70,000 total 1973-74 Budget. MOTION CARRIED.
NEIGHBOKHOOD HOUSING SERVICE PROGRAH: Councilwoman Kaywood explained a Neighborhood
Housing Service Program designed to encourage neighborhood preservation efforts
and to reverse housing deterioration through a HUD-Federal funding program,
local governments, depending institutions and neighborhood residents. The
program is designed to assist the homeowner himself in upgrading and improving
his residence by encouraging lending institutions to loan money to those appli-
cants within a defined area who are considered financially unbankable.
Councilwoman Kaywood reported there would be no costs involved to
Anaheim and thereupon moved that the City of Anaheim support a Neighborhood
Housing Service Program in a neighborhood to be selected in one or more of a
consortium of six Orange County Cities, and that the Attorney's Office prepare
the necessary supporting documents. Councilman Seymour seconded the motion.
To this motion, Councilmen Sneegas and Pebley voted "no", indicating they
desired further information on the proposed Federal/local Joint program.
MOTION CARRIED.
Councilwoman Kaywood further advised of a very successful program of
this nature in Pittsburgh which has been in effect since 1968.
REPORT - STATUS OF STUDIES REQUESTED OF THE DEVELOPMENT SERVICES DEPARTMENT: In
answer to Councilwoman Kaywood, Mr. Ron Thompson reported on the status of the
various projects initiated at Council's request, advising that the Parking and
Service Station Ordinances were recommended at the last Planning Commission
meeting for Council action; that the Condominium Ordinance (RM-3600) is scheduled
for public hearing on June 25, 1974.
HILLSIDE DEVELOPMENT STANDARDS: In answer to Councilman Seymour, Mr. Maddox reported
that it would be approximately two months before the staff would have prepared
a set of Hillside Development Standards which they could recommend for Council's
approval.
Councilman Seymour remarked that he does not know what priorities
have been set forth, but that he personally feels that these standards should
have top priority, since there are no established rules and standards for the
development which is proceeding in the hill and canyon area. He related that
the site development standards presently in use are for flat land construction
and consequently cause the developers to request a number of variances from the
Code. He remarked that he felt it is not tantamount to good planning practice
for the City Council and Planning Commission to attempt to make decisions
regarding projects in the canyon without adequate rules and standards established
which apply specifically to hillside development and which would result in a
more consistent pattern of decision making.
PARK DEVELOPMENT - STATE BOND FUNDS: Councilman Seymour noted that he read recently
in "Council Briefs" that the funds allocated to Anaheim as a result of the pas-
sage of the State Park Bonds Act in the June, 1974 Election ($574,000) would be
used for park development at four sites from 1974 through 1976. He questioned
as to why, if these funds are available now, the park development should be
spread out to 1976. He remarked that if the problem is insufficient personnel
to prepare the designs for development and construction, he would be in favor
of contracting this type of work to a private firm. He related that he could
see no reason why the citizens should wait two years for a park when the funding
is available to proceed with all four parks within the next year. He requested
that the City Manager's Office explore this possibility.
74-636
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 18, 1974~ 1:30 .P.M.
RATIFICATION OF APPOINTHENT - PATRICK OCH~a PARKS AND RECREATION COMMISSION: On
motion by Councilman Sneegas, secomded by Councilman Seymour, the City Council
ratified the appointment of Mr. Patrick Ochoa recommended by the Savanna School
District to the Parks and Recreation Commission, filling the unexpired term of
Mr. David Peeler, ending June 30, 1975. MOTION CARRIED.
RECESS - EXECUTIVE SESSION: Councilman Sneegas moved to recess to Executive Session.
Councilman Pebley seconded the motion. MOTION CARRIED. (5:10 P.M.)
AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being
present. (5:54 P.M.)
ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Sneegas seconded the
motion. MOTION CARRIED.
Adjourned: 5:55 P.M.
Signed ~ City Cl~~k